S T A T E O F N E W Y O R K
________________________________________________________________________
8173--A
2017-2018 Regular Sessions
I N A S S E M B L Y
June 1, 2017
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Introduced by M. of A. TITUS, GALEF, PAULIN, MAYER, ABBATE, BRONSON,
CAHILL, BLAKE, ORTIZ, BYRNE -- read once and referred to the Committee
on Labor -- reported and referred to the Committee on Codes -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee
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:
Section 1. Short title. This act shall be known and may be cited as
the "nuclear facility closing workers' protection act".
§ 2. The public service law is amended by adding a new section 28 to
read as follows:
§ 28. NUCLEAR ELECTRIC PLANTS; CLOSURE OR SALE PLAN. 1. NOT LESS THAN
EIGHTEEN MONTHS PRIOR TO THE CLOSURE OR SALE OF A NUCLEAR ELECTRIC
PLANT, THE ELECTRIC CORPORATION OWNING, OPERATING OR MANAGING SUCH PLANT
SHALL SUBMIT TO THE DEPARTMENT A PLAN DETAILING THE PROCESS FOR THE
CLOSURE OR SALE OF THE NUCLEAR ELECTRIC PLANT. SUCH PLAN SHALL INCLUDE
(A) DETAILS AND SPECIFICS ON THE ELECTRIC CORPORATION'S PLAN TO COMPLY
WITH ARTICLE TWENTY-FIVE-A OF THE LABOR LAW AS THEY APPLY TO NUCLEAR
ELECTRIC PLANTS, AND (B) A WORKFORCE RETENTION COMPONENT WHICH SHALL
UTILIZE THE EXISTING LABOR FORCE DURING THE CLOSURE AND DECOMMISSIONING
PERIOD. THE WORKFORCE RETENTION COMPONENT SHALL INCLUDE PROVISIONS THAT
(I) ANY CONSTRUCTION WORK WHICH MAY BE PERFORMED DURING THE CLOSURE AND
DECOMMISSIONING PERIOD, SHALL BE PERFORMED PURSUANT TO A PROJECT LABOR
AGREEMENT, AS DEFINED IN SECTION TWO HUNDRED TWENTY-TWO OF THE LABOR
LAW, ENTERED INTO WITH A BONA FIDE BUILDING AND CONSTRUCTION TRADES
LABOR ORGANIZATION HAVING JURISDICTION OVER THE SCOPE OF WORK TO BE
PERFORMED; AND (II) ANY OTHER WORK WHICH MAY BE PERFORMED PURSUANT TO A
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11437-13-7
A. 8173--A 2
PROJECT LABOR AGREEMENT, AS DEFINED IN SECTION TWO HUNDRED TWENTY-TWO OF
THE LABOR LAW, ENTERED INTO WITH A BONA FIDE EMPLOYEE ORGANIZATION
HAVING JURISDICTION OVER THE SCOPE OF THE WORK TO BE PERFORMED. IN ADDI-
TION, EVERY PLAN SUBMITTED PURSUANT TO THIS SECTION SHALL BE IN SUCH
FORM AND CONTAIN SUCH INFORMATION AS THE DEPARTMENT SHALL DETERMINE TO
BE NECESSARY AND PROPER. FOR PURPOSES OF THIS SECTION, "CONSTRUCTION
WORK" SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY DEMOLITION, RECON-
STRUCTION, EXCAVATION, REHABILITATION, REPAIR, INSTALLATION, RENOVATION
OR ALTERATION, WHICH IS CUSTOMARILY PERFORMED BY A BUILDING AND
CONSTRUCTION TRADES ORGANIZATION.
2. NO NUCLEAR ELECTRIC PLANT SHALL BE CLOSED OR SOLD UNLESS:
(A) THE PLAN SUBMITTED PURSUANT TO SUBDIVISION ONE OF THIS SECTION, OR
AN AMENDED VERSION OF SUCH PLAN AS MAY BE REQUIRED BY THE DEPARTMENT,
SHALL HAVE BEEN APPROVED BY THE DEPARTMENT;
(B) AFTER THE APPROVAL OF SUCH PLAN PURSUANT TO PARAGRAPH (A) OF THIS
SUBDIVISION, THE AFFECTED EMPLOYEES SHALL HAVE BEEN PROVIDED NOTICE OF
EMPLOYMENT LOSS, AS REQUIRED BY SECTION EIGHT HUNDRED SIXTY-B OF THE
LABOR LAW, NOT LESS THAN ONE YEAR PRIOR TO SUCH CLOSURE OR SALE;
(C) THE PLAN APPROVED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION IS
INCLUDED AS A MATERIAL TERM OF EVERY CONTRACT AND PLAN RELATING TO THE
CLOSURE OF SALE OF THE ELECTRIC PLANT; AND
(D) THE DEPARTMENT HAS GRANTED ITS APPROVAL OF EVERY CONTRACT OR PLAN
PROVIDING FOR THE SALE OR CLOSURE OF THE ELECTRIC PLANT.
3. UPON A FINDING OF THE DEPARTMENT THAT AN ELECTRIC CORPORATION
VIOLATED ANY PROVISION OF THIS SECTION, OR THAT ANY PERSON HAS VIOLATED
THE PROVISIONS OF A PLAN APPROVED PURSUANT TO THIS SECTION, ALL
CONTRACTS AND PLANS RELATING TO THE CLOSURE OR SALE OF THE NUCLEAR ELEC-
TRIC PLANT BY THE ELECTRIC CORPORATION SHALL BE DEEMED NULL AND VOID,
AND SUCH CORPORATION OR PERSON, AFTER NOTICE AND HEARING, MAY BE LIABLE
FOR A CIVIL FINE OF NOT LESS THAN FIVE MILLION DOLLARS TO BE IMPOSED BY
THE DEPARTMENT.
§ 3. Section 860-a of the labor law is amended by adding two new
subdivisions 1-a and 1-b to read as follows:
1-A. "ELECTRIC CORPORATION" SHALL HAVE THE SAME MEANING AS PROVIDED IN
SUBDIVISION THIRTEEN OF SECTION TWO OF THE PUBLIC SERVICE LAW.
1-B. "ELECTRIC PLANT" SHALL HAVE THE SAME MEANING AS PROVIDED IN
SUBDIVISION TWELVE OF SECTION TWO OF THE PUBLIC SERVICE LAW.
§ 4. Section 860-b of the labor law is amended by adding a new subdi-
vision 1-a to read as follows:
1-A. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS
SECTION, IN THE CASE OF AN EMPLOYER THAT IS AN ELECTRIC CORPORATION
OWNING, OPERATING OR MAINTAINING A NUCLEAR ELECTRIC PLANT, SUCH EMPLOYER
SHALL NOT ORDER A MASS LAYOFF, RELOCATION OR EMPLOYMENT LOSS UNTIL ITS
PLAN TO IMPLEMENT THE PROVISIONS OF THIS ARTICLE SHALL HAVE BEEN
APPROVED BY THE DEPARTMENT OF PUBLIC SERVICE PURSUANT TO SECTION TWEN-
TY-EIGHT OF THE PUBLIC SERVICE LAW, AND THEREAFTER, AT LEAST ONE YEAR
BEFORE THE ORDER TAKES EFFECT, SUCH EMPLOYER GIVES WRITTEN NOTICE OF THE
ORDER TO THE FOLLOWING:
(A) AFFECTED EMPLOYEES AND THE REPRESENTATIVES OF THE AFFECTED EMPLOY-
EES;
(B) THE DEPARTMENT; AND
(C) THE LOCAL WORKFORCE INVESTMENT BOARDS ESTABLISHED PURSUANT TO THE
FEDERAL WORKFORCE INVESTMENT ACT (P.L. 105-220) FOR THE LOCALITY IN
WHICH THE MASS LAYOFF, RELOCATION OR EMPLOYMENT LOSS WILL OCCUR.
§ 5. Subdivision 3 of section 860-b of the labor law, as added by
chapter 475 of the laws of 2008, is amended to read as follows:
A. 8173--A 3
3. Notwithstanding the requirements of subdivision one OR ONE-A of
this section, an employer is not required to provide notice if a mass
layoff, relocation, or employment loss is necessitated by a physical
calamity or an act of terrorism or war.
§ 6. The opening paragraph of subdivision 1 of section 860-g of the
labor law, as added by chapter 475 of the laws of 2008, is amended to
read as follows:
An employer who fails to give notice as required by paragraph (a) of
subdivision one OR PARAGRAPH (A) OF SUBDIVISION ONE-A of section eight
hundred sixty-b of this article before ordering a mass layoff, relo-
cation, or employment loss is liable to each employee entitled to notice
who lost his or her employment for:
§ 7. Section 860-h of the labor law is amended by adding a new subdi-
vision 5 to read as follows:
5. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION TO THE CONTRA-
RY, IF AN EMPLOYER THAT IS AN ELECTRIC CORPORATION OWNING, OPERATING OR
MAINTAINING A NUCLEAR ELECTRIC PLANT VIOLATES ANY PROVISION OF THIS
ARTICLE, SUCH CORPORATION, AFTER NOTICE AND HEARING, MAY BE LIABLE FOR A
CIVIL FINE OF NOT LESS THAN FIVE MILLION DOLLARS TO BE IMPOSED BY THE
DEPARTMENT.
§ 8. The labor law is amended by adding a new section 860-j to read as
follows:
§ 860-J. EMPLOYMENT LOSS AT A NUCLEAR ELECTRIC PLANT. 1. THE ELECTRIC
CORPORATION OWNING, OPERATING OR MAINTAINING A NUCLEAR ELECTRIC PLANT AT
WHICH THERE WILL BE A MASS LAYOFF, RELOCATION OR EMPLOYMENT LOSS, SHALL
WITHIN TEN DAYS OF PROVIDING NOTICE THEREOF PURSUANT TO SUBDIVISION
ONE-A OF SECTION EIGHT HUNDRED SIXTY-B OF THIS ARTICLE SHALL CAUSE TO BE
CONDUCTED AND COMPLETED AN EXTENSIVE HEALTH SCREENING, IN ACCORDANCE
WITH THE REGULATIONS OF THE COMMISSIONER OF HEALTH, OF ALL EMPLOYEES,
CONTRACTORS AND SUBCONTRACTORS WORKING AT SUCH PLANT. SUCH HEALTH
SCREENING SHALL INCLUDE GENERAL HEALTH SCREENING, AND SCREENING FOR
DISEASES AND CONDITIONS RELATED TO EMPLOYMENT IN A NUCLEAR ELECTRIC
PLANT.
2. EACH ELECTRIC CORPORATION OWNING, OPERATING OR MAINTAINING A NUCLE-
AR ELECTRIC PLANT AT WHICH THERE WILL BE A MASS LAYOFF, RELOCATION OR
EMPLOYMENT LOSS SHALL ESTABLISH AND OPERATE EMPLOYMENT RETRAINING
PROGRAMS FOR ALL EMPLOYEES, CONTRACTORS AND SUBCONTRACTORS WHO ARE
AFFECTED BY AN EMPLOYMENT LOSS. SUCH PROGRAMS SHALL BE CONDUCTED,
SUBJECT TO THE SUPERVISION OF THE DEPARTMENT, DURING THE ONE-YEAR NOTICE
PERIOD PROVIDED FOR IN SUBDIVISION ONE-A OF SECTION EIGHT HUNDRED
SIXTY-B OF THIS ARTICLE. FURTHERMORE, TRAINING SHALL BE PROVIDED TO
ACQUIRE ANY NECESSARY SKILLS AND CERTIFICATIONS FOR EMPLOYMENT BY ANY
ENTITY WHICH IS ENGAGED IN THE CLOSURE OR DECOMMISSIONING OF THE NUCLEAR
ELECTRIC PLANT. EVERY PERSON WHO COMPLETES TRAINING PURSUANT TO THIS
SUBDIVISION SHALL BE GRANTED AN EMPLOYEE PREFERENCE.
§ 9. Subdivision 1 of section 206 of the public health law is amended
by adding a new paragraph (w) to read as follows:
(W) BY RULE AND REGULATION, ESTABLISH STANDARDS AND GUIDELINES FOR THE
EXTENSIVE HEALTH SCREENINGS OF PERSONS WORKING IN NUCLEAR ELECTRIC
PLANTS, REQUIRED BY SUBDIVISION ONE OF SECTION EIGHT HUNDRED SIXTY-J OF
THE LABOR LAW.
§ 10. This act shall take effect immediately.