Bill Text: NY S08326 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to the protection of the health, safety and employment rights of employees suffering employment loss as the result of the sale or closure of a nuclear electric generation facility.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2018-06-20 - referred to labor [S08326 Detail]
Download: New_York-2017-S08326-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8326 IN SENATE May 1, 2018 ___________ Introduced by Sen. MURPHY -- read twice and ordered printed, and when printed to be committed to the Committee on Energy and Telecommuni- cations AN ACT to amend the public service law, the labor law and the public health law, in relation to the protection of the health, safety and employment rights of employees suffering employment loss as the result of the sale or closure of a nuclear electric generation facility The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "nuclear facility closing workers' protection act". 3 § 1-a. Legislative intent. The closure of Indian Point Nuclear Power 4 Plant will have a devastating effect on the local workforce that relies 5 on this facility for employment. This act is intended to ensure that the 6 local workforce remains employed locally. This act shall not be 7 construed to conflict, interfere, circumvent, or in any manner abrogate 8 existing or future collective bargaining agreements or contracts between 9 any of the involved parties, or parties that are not subject to the 10 project labor agreement. 11 § 2. The public service law is amended by adding a new section 28 to 12 read as follows: 13 § 28. Nuclear electric plants; closure or sale plan. 1. Not less than 14 eighteen months prior to the closure or sale of a nuclear electric plant 15 located in Westchester county, the electric corporation owning, operat- 16 ing or managing such plant shall submit to the department a plan detail- 17 ing the process for the closure or sale of the nuclear electric plant. 18 Such plan shall include (a) details and specifics on the electric corpo- 19 ration's plan to comply with article twenty-five-A of the labor law as 20 they apply to nuclear electric plants, and (b) a workforce retention 21 component which shall utilize the existing labor force during the 22 closure and decommissioning period. The workforce retention component 23 shall include provisions that any construction work which may be 24 performed during the closure and decommissioning period, shall be 25 performed pursuant to a project labor agreement, as defined in section EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15541-01-8S. 8326 2 1 two hundred twenty-two of the labor law, entered into with a bona fide 2 building and construction trades labor organization having jurisdiction 3 over the scope of work to be performed. In addition, every plan submit- 4 ted pursuant to this section shall be in such form and contain such 5 information as the department shall determine to be necessary and prop- 6 er. For purposes of this section, "construction work" shall include, 7 but not be limited to, any demolition, reconstruction, excavation, reha- 8 bilitation, repair, installation, renovation or alteration, which is 9 customarily performed by a building and construction trades organiza- 10 tion. 11 2. No nuclear electric plant located in Westchester county shall be 12 closed or sold unless: 13 (a) the plan submitted pursuant to subdivision one of this section, or 14 an amended version of such plan as may be required by the department, 15 shall have been approved by the department; 16 (b) after the approval of such plan pursuant to paragraph (a) of this 17 subdivision, the affected employees shall have been provided notice of 18 employment loss, as required by section eight hundred sixty-b of the 19 labor law, not less than one year prior to such closure or sale; 20 (c) the plan approved pursuant to paragraph (a) of this subdivision is 21 included as a material term of every contract and plan relating to the 22 closure of sale of the electric plant; and 23 (d) the department has granted its approval of every contract or plan 24 providing for the sale or closure of the electric plant. 25 3. Upon a finding of the department that an electric corporation 26 violated any provision of this section, or that any person has violated 27 the provisions of a plan approved pursuant to this section, all 28 contracts and plans relating to the closure or sale of the nuclear elec- 29 tric plant by the electric corporation shall be deemed null and void, 30 and such corporation or person, after notice and hearing, may be liable 31 for a civil fine of not less than five million dollars to be imposed by 32 the department. 33 § 3. Section 860-a of the labor law is amended by adding two new 34 subdivisions 1-a and 1-b to read as follows: 35 1-a. "Electric corporation" shall have the same meaning as provided in 36 subdivision thirteen of section two of the public service law, but shall 37 only apply to an "electric corporation" located in Westchester county. 38 1-b. "Electric plant" shall have the same meaning as provided in 39 subdivision twelve of section two of the public service law, but shall 40 only apply to an "electric plant" located in Westchester county. 41 § 4. Section 860-b of the labor law is amended by adding a new subdi- 42 vision 1-a to read as follows: 43 1-a. Notwithstanding the provisions of subdivision one of this 44 section, in the case of an employer that is an electric corporation 45 owning, operating or maintaining a nuclear electric plant, such employer 46 shall not order a mass layoff, relocation or employment loss until its 47 plan to implement the provisions of this article shall have been 48 approved by the department of public service pursuant to section twen- 49 ty-eight of the public service law, and thereafter, at least one year 50 before the order takes effect, such employer gives written notice of the 51 order to the following: 52 (a) affected employees and the representatives of the affected employ- 53 ees; 54 (b) the department; andS. 8326 3 1 (c) the local workforce investment boards established pursuant to the 2 federal Workforce Investment Act (P.L. 105-220) for the locality in 3 which the mass layoff, relocation or employment loss will occur. 4 § 5. Subdivision 3 of section 860-b of the labor law, as added by 5 chapter 475 of the laws of 2008, is amended to read as follows: 6 3. Notwithstanding the requirements of subdivision one or one-a of 7 this section, an employer is not required to provide notice if a mass 8 layoff, relocation, or employment loss is necessitated by a physical 9 calamity or an act of terrorism or war. 10 § 6. The opening paragraph of subdivision 1 of section 860-g of the 11 labor law, as added by chapter 475 of the laws of 2008, is amended to 12 read as follows: 13 An employer who fails to give notice as required by paragraph (a) of 14 subdivision one or paragraph (a) of subdivision one-a of section eight 15 hundred sixty-b of this article before ordering a mass layoff, relo- 16 cation, or employment loss is liable to each employee entitled to notice 17 who lost his or her employment for: 18 § 7. Section 860-h of the labor law is amended by adding a new subdi- 19 vision 5 to read as follows: 20 5. Notwithstanding any other provision of this section to the contra- 21 ry, if an employer that is an electric corporation owning, operating or 22 maintaining a nuclear electric plant violates any provision of this 23 article, such corporation, after notice and hearing, may be liable for a 24 civil fine of not less than five million dollars to be imposed by the 25 department. 26 § 8. The labor law is amended by adding a new section 860-j to read as 27 follows: 28 § 860-j. Employment loss at a nuclear electric plant. 1. The electric 29 corporation owning, operating or maintaining a nuclear electric plant at 30 which there will be a mass layoff, relocation or employment loss, shall 31 within ten days of providing notice thereof pursuant to subdivision 32 one-a of section eight hundred sixty-b of this article shall cause to be 33 conducted and completed an extensive health screening, in accordance 34 with the regulations of the commissioner of health, of all employees, 35 contractors and subcontractors working at such plant. Such health 36 screening shall include general health screening, and screening for 37 diseases and conditions related to employment in a nuclear electric 38 plant. 39 2. Each electric corporation owning, operating or maintaining a nucle- 40 ar electric plant at which there will be a mass layoff, relocation or 41 employment loss shall establish and operate employment retraining 42 programs for all employees, contractors and subcontractors who are 43 affected by an employment loss. Such programs shall be conducted, 44 subject to the supervision of the department, during the one-year notice 45 period provided for in subdivision one-a of section eight hundred 46 sixty-b of this article. Furthermore, training shall be provided to 47 acquire any necessary skills and certifications for employment by any 48 entity which is engaged in the closure or decommissioning of the nuclear 49 electric plant. Every person who completes training pursuant to this 50 subdivision shall be granted an employee preference. 51 § 9. Subdivision 1 of section 206 of the public health law is amended 52 by adding a new paragraph (w) to read as follows: 53 (w) by rule and regulation, establish standards and guidelines for the 54 extensive health screenings of persons working in nuclear electric 55 plants, required by subdivision one of section eight hundred sixty-j of 56 the labor law.S. 8326 4 1 § 10. The New York state energy research development authority shall 2 finance the employment retraining programs required pursuant to section 3 860-j of the labor law through any funds such authority maintains, 4 including but not limited to, the market development portfolio of the 5 clean energy fund. Provided, however, such authority shall not increase 6 or collect additional fees, rentals, penalties or other charges author- 7 ized and in existence prior to the effective date of this act for the 8 financing of such programs. 9 § 11. This act shall take effect immediately.