Senate Bill S6161A

2019-2020 Legislative Session

Relates to the protection of the health, safety and employment rights of persons suffering employment loss from the closure of nuclear electric plants and to the Indian Point Nuclear Power Plant

download bill text pdf

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to energy and telecommunications
Jun 10, 2019	print number 6161a
Jun 10, 2019	amend (t) and recommit to energy and telecommunications
May 21, 2019	referred to energy and telecommunications

Bill Amendments

Original

A (Active)

2019-S6161 - Details

Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Add §28, amd §70, Pub Serv L; amd §§860-a, 860-b, 860-g & 860-h, add §860-j, Lab L; amd §206, Pub Health L
Versions Introduced in 2017-2018 Legislative Session:: S6127

2019-S6161 - Summary

Enacts provisions for the protection of the health, safety and employment rights of persons suffering employment loss from the closure of nuclear electric plants; relates to the transfer or lease of closed electric generators; relates to payment of prevailing wages of affected employees of the Indian Point Nuclear Power Plant.

2019-S6161 - Sponsor Memo

                                
 
BILL NUMBER: S6161

SPONSOR: HARCKHAM
 
TITLE OF BILL:  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

 
PURPOSE:

This bill enacts the "nuclear facility closing workers' protections act"
which establishes provisions for the protection of the health, safety
and employment rights of persons losing their employment from the
closure of nuclear power plants.

 
SUMMARY OF PROVISIONS:

Section one establishes the short title.

Section two through eight amend portions of the public service law,

labor law and public health law to amend the WARN Act with regard to any
nuclear generation facility located in the State to require:

1. One year advance notice to all workers at a nuclear generation facil-
ity.;

2. Mandatory extensive health screenings for all employees, contractors,
and subcontractors working at the facility on the date of issuance of
the one year notice;

3. Worker retraining programs for all employees, contractors and subcon-
tractors to be conducted at the facility during the one year advance
notice period;

4. Filing with the New York State Department of Public Service of a WARN
Plan detailing compliance with these requirements. Such WARN Plan must
include a worker retention component;

5. Approval by DPS of the WARN Plan prior to issuance of the one year
WARN Notice;

6. Inclusion of the WARN Plan provisions as a material term of any
contract of sale, decommissioning plan or contract relating to the
nuclear generation facility;

7. Advance approval by DPS of any contract of sale, decommissioning
plan, or contract relating to the nuclear generation facility slated for
closure; and

8. Failure to comply with the provisions of the act will render any
contract of sale, decommissioning plan, or contract relating to the
closure, sle or decommissioning as null and void and subject the owners
of such facility to a fine of not less that 5 million dollars.

Section three establishes the effective date.

 
JUSTIFICATION:

Nuclear generation facilities are highly specialized, which require
employees, contractors and subcontractors with highly specialized train-
ing, education and skill. They are exposed to significant health risks
that are unique to nuclear generation facilities. As such, their skills
and education are not easily transferable, particularly with comparable
levels of benefits and compensations.  Thus, longer notice periods than
required for other employment circumstances covered by the WARN Act are
necessary to provide the opportunity for suitable employment. The one-
year advance notice requirement provided in this legislation will afford
workers, contractors and subcontractors an opportunity to secure compa-
rable employment; or alternatively, time for detailed worker retraining
and education during the one year notice period. The requirement that
extensive health exams and screenings are also necessary for all work-
ers, contractors and subcontractors given the unique nature of the
health risks extant at nuclear generation facilities, and the frequently
delayed recovery and diagnosis of disease, injury or other complication
resulting from employment at such facilities. The penalty, pre-filing
and DPS approval of all WARN Plans is necessary to ensure compliance
with the Act, especially given the customary sale or transfer of nuclear
generation facilities to so called "Decommissioning Companies" prior to
final closure. Absent enactment of this legislation, such companies may
not otherwise be subject to New York State authority, which will leave
employees, contractors and subcontractors at risk.

 
LEGISLATIVE HISTORY:

2017-2018: S6127A / A8173A

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S6161 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6161
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 21, 2019
                                ___________
 
 Introduced  by Sen. HARCKHAM -- 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:
 
   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
 PROJECT LABOR AGREEMENT, AS DEFINED IN SECTION TWO HUNDRED TWENTY-TWO OF
 THE  LABOR  LAW,  ENTERED  INTO  WITH  A BONA FIDE EMPLOYEE ORGANIZATION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07744-01-9

 S. 6161                             2
 
 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:
   3.  Notwithstanding  the  requirements  of subdivision one OR ONE-A of
 this section, an employer is not required to provide notice  if  a  mass

 S. 6161                             3
 
 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.

2019-S6161A (ACTIVE) - Details

Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Add §28, amd §70, Pub Serv L; amd §§860-a, 860-b, 860-g & 860-h, add §860-j, Lab L; amd §206, Pub Health L
Versions Introduced in 2017-2018 Legislative Session:: S6127

2019-S6161A (ACTIVE) - Summary

2019-S6161A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6161A

SPONSOR: HARCKHAM
 
TITLE OF BILL:  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; and to amend the public service law, in relation to the trans-
fer or lease of closed electric generators; and in relation to payment
of prevailing wages of affected employees of the Indian Point Nuclear
Power Plant

 
PURPOSE:

This bill enacts the "nuclear facility closing workers' protections act"
which establishes provisions for the protection of the health, safety
and employment rights of persons losing their employment from the
closure of nuclear power plants.

 
SUMMARY OF PROVISIONS:

Section one establishes the short title.

Section two through eight amend portions of the public service law,
labor law and public health law to amend the WARN Act with regard to any
nuclear generation facility located in the State to require:

1. One year advance notice to all workers at a nuclear generation facil-
ity.;

2. Mandatory extensive health screenings for all employees, contractors,
and subcontractors working at the facility on the date of issuance of
the one year notice;

3. Worker retraining programs for all employees, contractors and subcon-
tractors to be conducted at the facility during the one year advance
notice period;

4. Filing with the New York State Department of Public Service of a WARN
Plan detailing compliance with these requirements. Such WARN Plan must
include a worker retention component;

5. Approval by DPS of the WARN Plan prior to issuance of the one year
WARN Notice;

6. Inclusion of the WARN Plan provisions as a material term of any
contract of sale, decommissioning plan or contract relating to the
nuclear generation facility;

7. Advance approval by DPS of any contract of sale, decommissioning
plan, or contract relating to the nuclear generation facility slated for
closure; and

8. Failure to comply with the provisions of the act will render any
contract of sale, decommissioning plan, or contract relating to the
closure, sale or decommissioning as null and void and subject the owners
of such facility to a fine of not less that 5 million dollars.

Section three establishes the effective date.
 
JUSTIFICATION:

Nuclear generation facilities are highly specialized, which require
employees, contractors and subcontractors with highly specialized train-
ing, education and skill. They are exposed to significant health risks
that are unique to nuclear generation facilities. As such, their skills
and education are not easily transferable, particularly with comparable
levels of benefits and compensations. Thus, longer notice periods than
required for other employment circumstances covered by the WARN Act are
necessary to provide the opportunity for suitable employment. The one-
year advance notice requirement provided in this legislation will afford
workers, contractors and subcontractors an opportunity to secure compa-
rable employment; or alternatively, time for detailed worker retraining
and education during the one year notice period. The requirement that
extensive health exams and screenings are also necessary for all work-
ers, contractors and subcontractors given the unique nature of the
health risks extant at nuclear generation facilities, and the frequently
delayed recovery and diagnosis of disease, injury or other complication
resulting from employment at such facilities. The penalty, pre-filing
and DPS approval of all WARN Plans is necessary to ensure compliance
with the Act, especially given the customary sale or transfer of nuclear
generation facilities to so called "Decommissioning Companies" prior to
final closure. Absent enactment of this legislation, such companies may
not otherwise be subject to New York State authority, which will leave
employees, contractors and subcontractors at risk.

 
LEGISLATIVE HISTORY:

2017-2018: S6127A / A8173A

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S6161A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6161--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 21, 2019
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations  --  committee  discharged, bill amended, ordered reprinted as
   amended and recommitted 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;  and
   to  amend the public service law, in relation to the transfer or lease
   of closed electric generators; and in relation to payment of  prevail-
   ing  wages  of  affected  employees  of the Indian Point Nuclear Power
   Plant
 
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07744-04-9

 S. 6161--A                          2
 
 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
 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

 S. 6161--A                          3
 
   (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:
   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.

 S. 6161--A                          4
 
   §  10. Section 70 of the public service law, as amended by chapter 226
 of the laws of 2009, is amended to read as follows:
   § 70. Transfer  of  franchises  or stocks. 1. No gas corporation [or],
 electric corporation OR CLOSED  ELECTRIC  GENERATOR  shall  transfer  or
 lease  its  franchise,  works  or  system or any part of such franchise,
 works or system to any other person or corporation or contract  for  the
 operation  of  its  works and system, without the written consent of the
 commission. Notwithstanding the foregoing, any transfer or lease with an
 original cost of (a) less than one hundred thousand dollars proposed  by
 a  gas [or] CORPORATION, electric corporation OR CLOSED ELECTRIC GENERA-
 TOR having annual gross  revenues  in  excess  of  two  hundred  million
 dollars  or (b) less than twenty-five thousand dollars proposed by a gas
 [or] CORPORATION, electric  corporation  OR  CLOSED  ELECTRIC  GENERATOR
 having  annual  gross  revenues of less than two hundred million dollars
 shall be effective without the commission's written consent within nine-
 ty days after such corporation notifies the commission that it plans  to
 complete the transfer or lease and submits a description of the transfer
 or  lease;  provided,  however, that the commission may determine within
 such ninety days after such notification and submission that the  public
 interest requires its review and written consent.
   2. The permission and approval of the commission, to the exercise of a
 franchise  under  section sixty-eight of this article, or to the assign-
 ment, transfer or lease of a franchise under this section shall  not  be
 construed  to  revive  or validate any lapsed or invalid franchise or to
 enlarge or add to the powers and privileges contained in  the  grant  of
 any franchise or to waive any forfeiture.
   3.  No  gas  corporation [or], electric corporation OR CLOSED ELECTRIC
 GENERATOR shall directly or indirectly acquire the stock or bonds of any
 other corporation incorporated for, or engaged in, the same or a similar
 business, in this state or any other state, or proposing to  operate  or
 operating  under  a  franchise  from the same or any other municipality,
 neither shall any street railroad corporation acquire the stock or bonds
 of any electric corporation, unless authorized so to do by  the  commis-
 sion.
   4.  Save  where  stock shall be transferred or held for the purpose of
 collateral security only with the consent of the commission empowered by
 this  chapter  to  give  such  consent,  no  stock  corporation  of  any
 description,  domestic  or  foreign, company, including, but not limited
 to, a limited liability company, association, including  a  joint  stock
 association,  partnership, including a limited liability partnership, or
 person, other than a gas corporation [or], electric corporation,  CLOSED
 ELECTRIC  GENERATOR  or  street  railroad corporation, shall purchase or
 acquire, take or hold, more than ten per centum of  the  voting  capital
 stock issued by any gas corporation [or], electric corporation OR CLOSED
 ELECTRIC  GENERATOR organized or existing under or by virtue of the laws
 of this state, except that a corporation now lawfully holding a majority
 of the voting capital stock of any gas corporation [or], electric corpo-
 ration OR CLOSED ELECTRIC GENERATOR may with the consent of the  commis-
 sion  acquire and hold the remainder of the voting capital stock of such
 gas corporation [or], electric corporation OR CLOSED ELECTRIC  GENERATOR
 or  any portion thereof. Provided, that with the consent of such commis-
 sion and upon and subject to such terms and conditions as  such  commis-
 sion  may  fix  and impose, any such stock corporation, company, associ-
 ation, partnership or person may acquire, take and hold  more  than  ten
 per  centum  of  the  voting  capital stock of any gas corporation [or],

 S. 6161--A                          5
 
 electric corporation OR CLOSED ELECTRIC GENERATOR, organized or existing
 under or by virtue of the laws of this state.
   5.  No  consent shall be given by the commission to the acquisition of
 any stock in accordance with this section  unless  it  shall  have  been
 shown  that  such  acquisition is in the public interest. Nothing herein
 contained shall be construed to prevent the holding of any stock hereto-
 fore lawfully acquired, nor to prevent, upon the surrender  or  exchange
 of  such stock pursuant to a reorganization plan, the purchase, acquisi-
 tion, taking or holding of a proportionate amount of stock  of  any  new
 corporation  organized  to  take over, at foreclosure or other sale, the
 property of any corporation whose stock has  been  thus  surrendered  or
 exchanged;  but  the  proportion  of the voting capital stock of the new
 corporation held by a stock corporation, company, association,  partner-
 ship  or  person and acquired by it by any such surrender or exchange of
 stock shall not without the consent of the commission exceed the propor-
 tion of the voting capital stock held by it in the former corporation.
   6. Every contract, assignment, transfer or agreement for  transfer  of
 any  stock  by  or through any person or corporation to any corporation,
 company,  association,  partnership  or  person  in  violation  of   any
 provision  of  this  chapter shall be void and of no effect, and no such
 transfer or assignment shall be made upon the  books  of  any  such  gas
 corporation,  [or] electric corporation OR CLOSED ELECTRIC GENERATOR, or
 shall be recognized as effective for any purpose.
   7. No consent, permission or approval otherwise  required  under  this
 section shall be necessary for the sale of the franchise, works, system,
 stocks  or  bonds  by  a  gas  [or] CORPORATION, electric corporation OR
 CLOSED ELECTRIC GENERATOR to a duly constituted authority of the state.
   8. ANY TRANSFER OR LEASE, AS WELL AS ANY  DECOMMISSIONING  ACTIVITIES,
 BY  A CLOSED ELECTRIC GENERATOR OF ITS FRANCHISE, WORKS OR SYSTEM OR ANY
 PART OF SUCH FRANCHISE, WORKS OR SYSTEM TO ANY CORPORATION, FIRM, COMPA-
 NY, PARTNERSHIP, LIMITED LIABILITY COMPANY, ASSOCIATION OR PERSON SHALL,
 TO THE MAXIMUM EXTENT PRACTICABLE, PROVIDE THAT EMPLOYEES OF SUCH CLOSED
 ELECTRIC GENERATOR WITH SKILL SETS NECESSARY  FOR  THE  OPERATION  OF  A
 SUCCESSOR  CORPORATION,  FIRM,  COMPANY,  PARTNERSHIP, LIMITED LIABILITY
 COMPANY, ASSOCIATION OR PERSON BE  RETAINED  FOR  EMPLOYMENT  WITH  SUCH
 SUCCESSOR  AND SHALL BE PAID A WAGE OF NOT LESS THAN THE PREVAILING WAGE
 IN THE LOCALITY WHERE SUCH CLOSED ELECTRIC GENERATOR IS LOCATED.
   9. ANY CONSTRUCTION WORK TO BE PERFORMED DURING THE CLOSURE AND DECOM-
 MISSIONING PERIOD SHALL BE PERFORMED PURSUANT TO A PROJECT LABOR  AGREE-
 MENT,  AS  DEFINED  IN  SECTION TWO HUNDRED TWENTY-TWO OF THE LABOR LAW,
 ENTERED  INTO  BETWEEN  A  PURCHASER  AND  A  BONA  FIDE  BUILDING   AND
 CONSTRUCTION  TRADES  LABOR  ORGANIZATION  HAVING  JURISDICTION OVER THE
 SCOPE OF WORK TO BE PERFORMED; ANY OTHER WORK WHICH SHALL  BE  PERFORMED
 CONCERNING  THE  CLOSURE  AND  DECOMMISSIONING PERIOD SHALL BE PERFORMED
 PURSUANT TO A LABOR PEACE AGREEMENT ENTERED INTO BETWEEN A PURCHASER AND
 THE LOCAL LABOR ORGANIZATION HAVING JURISDICTION OVER THE SCOPE OF  WORK
 TO  BE PERFORMED. FOR PURPOSES OF THIS SUBDIVISION, THE TERM "PURCHASER"
 SHALL MEAN ANY CORPORATION, FIRM, COMPANY, LIMITED LIABILITY COMPANY, OR
 ASSOCIATION.
   § 11. Notwithstanding any other provision of law to the contrary,  the
 commissioner  of  labor  shall  ensure  that any employees of the Indian
 Point Nuclear Power Plant, located at 450 Broadway, Buchanan, New  York,
 10511,  and  any successor or successors in interest to the Indian Point
 Nuclear Power Plant, shall be granted notice to any  affected  employees
 pursuant  to  section 860-b of the labor law and such employees shall be
 granted prevailing wages pursuant to section 220 of the labor law.  Such

 S. 6161--A                          6
 
 affected  employees  shall  be paid a premium wage commensurate with the
 premium wages prevailing in the area in  which  the  work  is  performed
 until such time as the Indian Point Nuclear Power Plant is closed.
   §  12. Notwithstanding any other provision of law to the contrary, any
 corporation, firm, company, partnership, limited  liability  company  or
 association,  hereinafter  known  as  "purchaser"  with  a  contract  to
 purchase the Indian Point Nuclear Power Plant, to the  extent  practica-
 ble,  shall maintain the current workforce through the conclusion of the
 purchase of such power  plant.    In  hiring  any  new  employees,  such
 purchaser  shall  hire  from  a  pool of current employees at the Indian
 Point Nuclear Power Plant unless such purchaser proves to the department
 of labor that such employees' skills do not meet the requirements needed
 for the open positions.  The  department  of  labor  shall  oversee  the
 purchase,  sale  and  employment  practices  of the Indian Point Nuclear
 Power Plant.
   § 13. This act shall take effect immediately.

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Pete Harckham

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

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