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
                                ___________
 
 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.