NY State Senate Bill 2017-S5604

Senate Bill S5604

2017-2018 Legislative Session

Establishes a nuclear whistleblower access and assistance program to promote public health and safety

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to energy and telecommunications
Apr 20, 2017	referred to energy and telecommunications

co-Sponsors

2017-S5604 (ACTIVE) - Details

Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Authorities Law
Laws Affected:: Add §1873-a, amd §1005, Pub Auth L; amd §65, Pub Serv L; amd §740, Lab L; amd §75-b, Civ Serv L; amd §63, Exec L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1593
2013-2014: S3267
2015-2016: S2777
2019-2020: S3286
2021-2022: S1276

2017-S5604 (ACTIVE) - Summary

Directs the NYS energy research and development authority and public and private operators of each nuclear-powered electric generating facility to establish a nuclear whistleblower access and assistance program; makes related provisions as to elements of the program and provides that employees of such plants shall not be subject to retaliation; requires authority to investigate reported safety concerns; provides that whistleblowers shall have standing to litigate and may do so without exhaustion of administration remedies

2017-S5604 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5604

 TITLE OF BILL :  An act to amend the public authorities law, the
public service law, the labor law, the civil service law and the
executive law, in relation to establishing a nuclear whistleblower
access and assistance program

 PURPOSE :

To establish a program to encourage and protect employees of nuclear
power, plants who communicate concerns regarding safety problems

 SUMMARY OF PROVISIONS :

This bill would amend the energy law, the public authorities law, the
public service law, the labor law, the civil service law, and the
executive law to establish a nuclear power plant whistle-blower access
and assistance program. The program contains a number of provisions
including: (1) a requirement calling for the evaluation of
whistleblower programs proposed by nuclear power plant operators,
including private companies that are purchasing reactors in New York
State (2) the establishment of a toll-free telephone line available to
employees of nuclear power plants that will offer advice regarding
employee rights and protections pursuant to state and federal laws and
present opportunities for access to senior management for purposes of
communicating safety-related concerns, and (3) a requirement that a

preliminary evaluation of any safety concern identified by an employee
be performed.

 JUSTIFICATION :

Workers at nuclear plants are commonly referred to as the "eyes and
ears" for the U.S. Nuclear Regulatory Commission (NRC). The NRC openly
admits that it can only oversee a small portion of the industry's
safety issues and relies heavily on nuclear plant employees to
identify potential safety problems to management and, if necessary, to
the NRC. This bill acknowledges that a key element to the safe
operation of nuclear power plants is a work environment that
encourages employees to come forward with any concerns they may have
regarding reactor operational safety. Protection of safety-conscious
workers is of paramount concern, especially in light of electric
utility deregulation, the infusion of market competition into the
energy marketplace, and changes with the NRC's oversight program.

Employees working at nuclear power plants should not feel pressured or
intimidated by their supervisors in airing concerns. Sadly, we have
witnessed the harassment of employees at NY nuclear power plants much
too often. Given the troubles at the Indian Point reactors, there has
never been a greater need for such a program. The controversy that has
swarmed about the Indian point reactors has shed light on the
suppression of safety conscious employees and worker health and safety
issues. As stated in a report filed by a safety-conscious employee at
Con Edison's Indian point 2 (IP-2) plant, there is a "chilling effect"
which does not encourage workers to report problems. According to a
March 1, 2001 NEW YORK TIMES article, an engineer working for a
contractor at the IP-2 nuclear plant quit in a dispute over a safety
issue - in particular, the reliability of the system that triggers
automatic shutdowns during equipment. failure.  At the New York Power
Authority's Indian point 3 (1P-3) plant, it was revealed that worker
health and safety had been compromised to meet a refueling deadline -
over 180 workers were radioactively contaminated. According to a
whistleblower at the plant, the deadline was set to impress a
potential buyer, Energy Nuclear, Inc. which ultimately purchased IP-3
and is now in the process of buying IP-1 and IP-2. This situation may
have been avoided if workers felt more comfortable about raising
concerns.
New York State needs to better protect workers at nuclear power plants
who raise safety concerns. According to Stephen. Kohn - one of the
nation's foremost experts on whistleblower law - New York State has
one of the weakest provisions in the nation with respect to providing
adequate protection to whistleblowers. The inadequacies of New York's
"Whistleblower Statute," which was passed in 1964, have led
commentators to note that whistleblower protection in New York is all
but non-existent.

For the sake of public and employee health and safety it is crucial to
have a nuclear whistleblower access and assistance program established
immediately.

 FISCAL IMPLICATIONS :

None to the state.

 EFFECTIVE DATE :
Immediately

2017-S5604 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5604
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              April 20, 2017
                                ___________
 
 Introduced by Sens. KRUEGER, HAMILTON, SERRANO -- read twice and ordered
   printed,  and  when printed to be committed to the Committee on Energy
   and Telecommunications
 
 AN ACT to amend the public authorities law, the public service law,  the
   labor law, the civil service law and the executive law, in relation to
   establishing a nuclear whistleblower access and assistance program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The legislature finds that safe operation of  the  publicly
 and privately owned nuclear-powered electric generating facilities with-
 in  the  state  is a matter of paramount public concern. The legislature
 further finds that an essential component of any safety  strategy  is  a
 program  which  assures  that employees who have first-hand knowledge of
 potential safety problems can freely communicate their concerns  without
 fear  of  retaliation.   Although laws and regulations exist at both the
 state and federal level to protect whistleblowers, the legislature finds
 that the purpose served by such laws will be furthered if an affirmative
 program exists which encourages employees to come forward  with  safety-
 related  concerns. The legislature finds that the state, as the owner of
 the power plants operated by the power authority of  the  state  of  New
 York,  has an interest and obligation to ensure that such facilities are
 being managed in a way that provides the highest possible level of safe-
 ty.   The legislature also finds that  the  state  has  an  interest  in
 protecting  and  an obligation to protect its citizens from the possible
 hazards of privately owned nuclear-powered electric  generating  facili-
 ties.
   §  2.  The  public  authorities law is amended by adding a new section
 1873-a to read as follows:
   § 1873-A. NUCLEAR WHISTLEBLOWER ACCESS AND  ASSISTANCE  PROGRAM.    1.
 "EMPLOYEES  AT  A  NUCLEAR-POWERED  ELECTRIC  GENERATING FACILITY" MEANS
 THOSE PERSONS EMPLOYED AT PUBLICLY AND PRIVATELY  OWNED  NUCLEAR-POWERED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10946-01-7

 S. 5604                             2
 
 ELECTRIC  GENERATING FACILITIES, INCLUDING BUT NOT LIMITED TO: FULL-TIME
 AND PART-TIME EMPLOYEES, CONTRACTORS, THOSE EMPLOYEES ON PROBATION,  AND
 TEMPORARY EMPLOYEES.
   2.  THE  AUTHORITY,  AFTER CONSULTATION WITH THE UNITED STATES NUCLEAR
 REGULATORY COMMISSION, THE CHAIR OF THE PUBLIC SERVICE  COMMISSION,  AND
 THE  COMMISSIONER  OF THE DEPARTMENT OF LABOR, SHALL ESTABLISH A NUCLEAR
 WHISTLEBLOWER ACCESS AND ASSISTANCE PROGRAM.
   3. THE NUCLEAR  WHISTLEBLOWER  ACCESS  AND  ASSISTANCE  PROGRAM  SHALL
 INCLUDE, AT A MINIMUM, THE FOLLOWING PROVISIONS:
   (A) THE AUTHORITY SHALL EVALUATE AND COMMENT ON WHISTLEBLOWER PROGRAMS
 PROPOSED  BY OPERATORS OF NUCLEAR-POWERED ELECTRIC GENERATING FACILITIES
 PURSUANT TO SECTION ONE  THOUSAND  FIVE  OF  THIS  CHAPTER  AND  SECTION
 SIXTY-FIVE OF THE PUBLIC SERVICE LAW;
   (B)  THE  AUTHORITY  SHALL ESTABLISH TOLL-FREE TELEPHONE AND FACSIMILE
 LINES AVAILABLE TO CONTRACTORS,  ADVOCATES  SHIELDING  THE  IDENTITY  OF
 INSIDE  WHISTLEBLOWERS,  AND  ALL PERSONS WITHIN THE STATE OF NEW YORK'S
 NUCLEAR INDUSTRY WHO HAVE KNOWLEDGE OF ISSUES THAT AFFECT PUBLIC  HEALTH
 AND SAFETY. THE AUTHORITY SHALL OFFER:
   (I)  ADVICE REGARDING THE EMPLOYEE'S RIGHTS UNDER APPLICABLE STATE AND
 FEDERAL LAWS AND ADVICE AND OPTIONS AVAILABLE TO ALL PERSONS;
   (II) AN OPPORTUNITY FOR CONTRACTORS, ADVOCATES SHIELDING THE  IDENTITY
 OF INSIDE WHISTLEBLOWERS, AND ALL PERSONS WITHIN THE STATE OF NEW YORK'S
 NUCLEAR  INDUSTRY  TO  IDENTIFY CONCERNS REGARDING ANY SAFETY ISSUE AT A
 NUCLEAR-POWERED ELECTRIC GENERATING FACILITY, INCLUDING BUT NOT  LIMITED
 TO  ANY VIOLATIONS OR POTENTIAL VIOLATIONS OF REGULATIONS OF THE NUCLEAR
 REGULATORY COMMISSION;
   (III) THE OPTION OF CONTACTING A NEUTRAL CONSULTANT FOR THE PURPOSE OF
 SEEKING UNBIASED, NON-GOVERNMENTAL INFORMATION TO  HELP  RESOLVE  SAFETY
 CONCERNS;
   (C)  ANY COMMUNICATIONS BETWEEN AN EMPLOYEE AND THE AUTHORITY PURSUANT
 TO THIS SECTION SHALL BE HELD STRICTLY CONFIDENTIAL  BY  THE  AUTHORITY,
 UNLESS  THE  EMPLOYEE SPECIFICALLY WAIVES IN WRITING THE RIGHT TO CONFI-
 DENTIALITY (THE PERSON ALLEGING A SAFETY VIOLATION IS  NOT  REQUIRED  TO
 IDENTIFY HIMSELF/HERSELF) TO ANY ENTITY, INCLUDING THE NUCLEAR REGULATO-
 RY COMMISSION;
   (D) THE AUTHORITY SHALL PERFORM A PRELIMINARY EVALUATION OF ANY SAFETY
 CONCERN  IDENTIFIED  BY  A  CALLER WITHIN SEVENTY-TWO HOURS AND GIVE THE
 CALLER EVALUATION RIGHTS IF HE OR SHE SO DESIRES AND  CONDUCT  FOLLOW-UP
 REPORTS  EVERY TWO WEEKS THEREAFTER FOR AN APPROPRIATE LENGTH OF TIME TO
 BE DETERMINED BY THE AUTHORITY;
   (E) REGARDING ANY CONCERN FOR WHICH  THE  AUTHORITY  LACKS  SUFFICIENT
 EXPERTISE  TO  REACH A CONCLUSION OR WHICH, IN THE AUTHORITY'S JUDGMENT,
 REPRESENTS A SIGNIFICANT PUBLIC HEALTH OR SAFETY CONCERN, THE  AUTHORITY
 SHALL  CONTACT  THE  UNITED  STATES NUCLEAR REGULATORY COMMISSION, SHALL
 COMMUNICATE SUCH CONCERN, AND SHALL  MAINTAIN  COMMUNICATIONS  WITH  THE
 COMMISSION  AND  THE  CALLER,  WHENEVER POSSIBLE, REGARDING ANY INVESTI-
 GATION OF SUCH CONCERN; AND
   (F) THE AUTHORITY SHALL CONSULT WITH THE DEPARTMENT OF  LAW  REGARDING
 ANY  EMPLOYEE  AT A NUCLEAR-POWERED ELECTRIC GENERATING FACILITY WHO MAY
 HAVE RECOURSE TO AN ACTION PURSUANT TO SECTION SEVEN  HUNDRED  FORTY  OF
 THE LABOR LAW OR SECTION SEVENTY-FIVE-B OF THE CIVIL SERVICE LAW.
   4.  WHETHER OR NOT THE AUTHORITY PROCEEDS, THE WHISTLEBLOWER, IF IDEN-
 TIFIED OR THE ADVOCATE WHO IS SHIELDING THE IDENTITY OF AN INSIDE WHIST-
 LEBLOWER, SHALL HAVE STANDING TO LITIGATE AND SHALL BE ENTITLED TO EXPE-
 DITED PROCEEDINGS IN THE COURTS OF THIS STATE WITHOUT REGARD  TO  HAVING
 EXHAUSTED ADMINISTRATIVE REMEDIES.

 S. 5604                             3
 
   §  3. Section 1005 of the public authorities  law is amended by adding
 a new subdivision 26 to read as follows:
   26.  AT  EACH  NUCLEAR-POWERED  ELECTRIC  GENERATING FACILITY OWNED OR
 OPERATED BY THE AUTHORITY, THE AUTHORITY SHALL ESTABLISH AND IMPLEMENT A
 WHISTLEBLOWER PROGRAM. WITHIN SIX MONTHS OF THE EFFECTIVE DATE  OF  THIS
 SUBDIVISION,  THE  AUTHORITY  SHALL  SUBMIT TO THE NEW YORK STATE ENERGY
 RESEARCH AND DEVELOPMENT AUTHORITY A PROPOSED  PLAN  FOR  A  PROGRAM  TO
 IMPLEMENT THE PURPOSES OF THIS SUBDIVISION.  SUCH PROGRAM SHALL INCLUDE,
 AT A MINIMUM:
   (A) OPPORTUNITY FOR ACCESS TO SENIOR MANAGEMENT FOR PURPOSES OF COMMU-
 NICATING SAFETY CONCERNS THAT AFFECT PUBLIC HEALTH AND SAFETY;
   (B)  EDUCATION  REGARDING  EMPLOYEE RIGHTS AND PROTECTIONS PURSUANT TO
 APPLICABLE STATE AND FEDERAL LAWS AND  REGULATIONS,  INCLUDING,  TO  THE
 EXTENT PERMITTED BY THE NUCLEAR REGULATORY COMMISSION, DISPLAY AT PROMI-
 NENT  LOCATIONS  WITHIN  THE  FACILITY OF THE TOLL-FREE TELEPHONE NUMBER
 WHICH PROVIDES ACCESS TO THE NEW YORK STATE ENERGY RESEARCH AND DEVELOP-
 MENT AUTHORITY'S NUCLEAR WHISTLEBLOWER  ACCESS  AND  ASSISTANCE  PROGRAM
 ESTABLISHED PURSUANT TO SECTION EIGHTEEN HUNDRED SEVENTY-THREE-A OF THIS
 CHAPTER.
   §  4.  Section 65 of the public service law is amended by adding a new
 subdivision 16 to read as follows:
   16. AT EACH NUCLEAR-POWERED  ELECTRIC  GENERATING  FACILITY  OWNED  OR
 OPERATED BY AN ELECTRIC CORPORATION, THE CORPORATION SHALL ESTABLISH AND
 IMPLEMENT  A  WHISTLEBLOWER  PROGRAM. WITHIN SIX MONTHS OF THE EFFECTIVE
 DATE OF THIS SUBDIVISION, THE CORPORATION SHALL SUBMIT TO THE  NEW  YORK
 STATE  ENERGY  RESEARCH  AND DEVELOPMENT AUTHORITY A PROPOSED PLAN FOR A
 PROGRAM TO IMPLEMENT THE PURPOSES  OF  THIS  SUBDIVISION.  SUCH  PROGRAM
 SHALL INCLUDE, AT A MINIMUM:
   (A) OPPORTUNITY FOR ACCESS TO SENIOR MANAGEMENT FOR PURPOSES OF COMMU-
 NICATING SAFETY CONCERNS;
   (B)  EDUCATION  REGARDING  EMPLOYEE RIGHTS AND PROTECTIONS PURSUANT TO
 APPLICABLE STATE AND FEDERAL LAWS AND  REGULATIONS,  INCLUDING,  TO  THE
 EXTENT PERMITTED BY THE NUCLEAR REGULATORY COMMISSION, DISPLAY AT PROMI-
 NENT  LOCATIONS  WITHIN  THE  FACILITY OF THE TOLL-FREE TELEPHONE NUMBER
 WHICH PROVIDES ACCESS TO THE NEW YORK STATE ENERGY RESEARCH AND DEVELOP-
 MENT AUTHORITY'S NUCLEAR WHISTLEBLOWER ACCESS AND ASSISTANCE PROGRAM.
   § 5. Paragraph (a) of subdivision 2 of section 740 of the  labor  law,
 as  amended  by  chapter  442 of the laws of 2006, is amended to read as
 follows:
   (a) discloses, or threatens to disclose to a supervisor or to a public
 body an activity,  policy  or  practice  of  the  employer  that  is  in
 violation  of  law,  rule  or  regulation  which  violation  creates and
 presents a substantial and specific danger to the public health or safe-
 ty, or which constitutes health care  fraud,  OR,  IN  THE  CASE  OF  AN
 EMPLOYEE AT A NUCLEAR-POWERED ELECTRIC GENERATING FACILITY, DISCLOSES OR
 THREATENS TO DISCLOSE ANY PUBLIC HEALTH OR SAFETY CONCERN, REGARDLESS OF
 WHETHER  OR  NOT  SUCH CONCERN RELATES TO A VIOLATION OF A LAW, RULE, OR
 REGULATION;
   § 6. Subdivision 3 of section 740 of  the  labor  law  is  amended  by
 adding a new undesignated paragraph to read as follows:
   THIS SUBDIVISION SHALL NOT APPLY TO ANY DISCLOSURE MADE BY AN EMPLOYEE
 AT  A  NUCLEAR-POWERED ELECTRIC GENERATING FACILITY, AS DEFINED PURSUANT
 TO SECTION EIGHTEEN HUNDRED SEVENTY-THREE-A OF  THE  PUBLIC  AUTHORITIES
 LAW,  WHO BELIEVES IN GOOD-FAITH THAT A DISCLOSURE TO A SUPERVISOR WOULD
 BE INCONSISTENT WITH THE FEDERAL OBSTRUCTION OF JUSTICE LAWS CODIFIED AT
 18 U.S.C. 1512 OR THE ATOMIC ENERGY ACT/ENERGY REORGANIZATION ACT.

 S. 5604                             4
 
   § 7. Paragraph (c) of subdivision 1  of  section  75-b  of  the  civil
 service  law, as added by chapter 660 of the laws of 1984, is amended to
 read as follows:
   (c)  "Governmental  body" shall mean (i) an officer, employee, agency,
 department, division, bureau, board, commission, council,  authority  or
 other  body  of  a public employer, (ii) employee, committee, member, or
 commission of the legislative branch of government,  (iii)  a  represen-
 tative,  member  or  employee  of  a legislative body of a county, town,
 village or any other political subdivision  or  civil  division  of  the
 state,  (iv) a law enforcement agency or any member or employee of a law
 enforcement agency, [or] (v) the judiciary or any employee of the  judi-
 ciary, (VI) EMPLOYEES AT A NUCLEAR-POWERED ELECTRIC GENERATING FACILITY,
 OR (VII) THE UNITED STATES NUCLEAR REGULATORY COMMISSION.
   §  8.  Paragraph  (a)  of  subdivision  2 of section 75-b of the civil
 service law, as amended by chapter 899 of the laws of 1986,  is  amended
 to read as follows:
   [(a)]  A  public employer shall not dismiss or take other disciplinary
 or other adverse personnel action against a  public  employee  regarding
 the  employee's  employment  because the employee discloses to a govern-
 mental body information: (i) regarding a violation of  a  law,  rule  or
 regulation  which  violation  creates  and  presents  a  substantial and
 specific danger to the public health or  safety;  [or]  (ii)  which  the
 employee  reasonably believes to be true and reasonably believes consti-
 tutes an improper governmental action; OR (III) FOR  AN  EMPLOYEE  AT  A
 NUCLEAR-POWERED  ELECTRIC  GENERATING  FACILITY,  AS DEFINED PURSUANT TO
 SECTION EIGHTEEN HUNDRED SEVENTY-THREE-A OF THE PUBLIC AUTHORITIES  LAW,
 WHICH RELATES TO A PUBLIC HEALTH OR SAFETY CONCERN, REGARDLESS OF WHETH-
 ER  OR  NOT  SUCH  CONCERN RELATES TO A VIOLATION OF LAW, RULE, OR REGU-
 LATION. "Improper governmental action" shall mean any action by a public
 employer or employee, or an agent of such employer or employee, which is
 undertaken in the performance of such agent's official  duties,  whether
 or  not  such action is within the scope of his employment, and which is
 in violation of any federal, state or local law, rule or regulation.
   § 9. Section 63 of the executive law is amended by adding a new subdi-
 vision 17 to read as follows:
   17. BRING, UPON THE  RECOMMENDATION  OF  THE  NEW  YORK  STATE  ENERGY
 RESEARCH  AND  DEVELOPMENT  AUTHORITY, ACTIONS PURSUANT TO SECTION SEVEN
 HUNDRED FORTY OF THE LABOR LAW AND SECTION SEVENTY-FIVE-B OF  THE  CIVIL
 SERVICE  LAW ON BEHALF OF EMPLOYEES AT NUCLEAR-POWERED ELECTRIC GENERAT-
 ING FACILITIES, AS DEFINED PURSUANT TO SECTION EIGHTEEN  HUNDRED  SEVEN-
 TY-THREE-A OF THE PUBLIC AUTHORITIES LAW.
   § 10. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S5604

Share this bill

Sponsored By

Liz Krueger