NY State Senate Bill 2017-S6127A

Senate Bill S6127A

2017-2018 Legislative Session

Enacts provisions for the protection of the health, safety and employment rights of persons suffering employment loss from the closure of nuclear electric plants

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to energy and telecommunications
Jun 18, 2017	print number 6127a
Jun 18, 2017	amend and recommit to energy and telecommunications
May 11, 2017	referred to energy and telecommunications

Bill Amendments

Original

A (Active)

co-Sponsors

2017-S6127 - Details

See Assembly Version of this Bill:: A8173
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Add §28, 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 2019-2020 Legislative Session:: S6161, A6050

2017-S6127 - 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.

2017-S6127 - Sponsor Memo

                                 BILL NUMBER:  S6127

 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' protection
act" which establishes provisions for the protection of the health,
safety and employment rights of persons losing their employment from
the closure of nuclear electric 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
facility;

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

3. Worker re-training programs for all employees, contractors and
sub-contractors 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;

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 than $10 million
dollars.

Section three establishes the effective date.

 JUSTIFICATION :

Nuclear generation facilities are highly specialized, which require
employees, contractors and sub-contractors with highly specialized
training, 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 compensation.
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 sub-contractors an opportunity to
secure comparable 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 workers, contractors and sub-contractors 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 sub-contractors at risk.

 LEGISLATIVE HISTORY :

New Bill.

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S6127 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6127
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2017
                                ___________
 
 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:
 
   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
 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. IN ADDITION, 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.
   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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11437-01-7

 S. 6127                             2
 
   (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 SHALL BE LIABLE FOR A CIVIL FINE  OF  NOT
 LESS THAN TEN MILLION DOLLARS TO BE IMPOSED BY THE DEPARTMENT.
   §  2.  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.
   §  3. 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
 MAY 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.
   § 4. 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.
   § 5. 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:
   §  6. 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 SHALL BE LIABLE FOR A CIVIL FINE OF NOT LESS
 THAN TEN MILLION DOLLARS TO BE IMPOSED BY THE DEPARTMENT.

 S. 6127                             3
 
   § 7. 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.
   § 8. 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.
   § 9. This act shall take effect immediately.

co-Sponsors

2017-S6127A (ACTIVE) - Details

See Assembly Version of this Bill:: A8173
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Add §28, 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 2019-2020 Legislative Session:: S6161, A6050

2017-S6127A (ACTIVE) - 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.

2017-S6127A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6127A

 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' protection
act" which establishes provisions for the protection of the health,
safety and employment rights of persons losing their employment from
the closure of nuclear electric plants.

 SUMMARY OF PROVISIONS :

Section one establishes the short title as the "nuclear facility
closing workers' protection act."

Sections 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

facility;

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

3. Worker re-training programs for all employees, contractors and
sub-contractors 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;

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 civil fine of not less than $5 million
dollars.

Section nine amends section 206 of the public health law to require
the commissioner to promulgate rules and regulations establishing
standards and guidelines for the extensive health screenings of
persons working in nuclear electric plants, required by subdivision
one of section 860-j of the labor law.

Section ten establishes the effective date.

 JUSTIFICATION :

Nuclear generation facilities are highly specialized, which require
employees, contractors and sub-contractors with highly specialized
training, 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 compensation.
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 sub-contractors an opportunity to
secure comparable 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 workers, contractors and sub-contractors 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 sub-contractors at risk.

 LEGISLATIVE HISTORY :

New Bill.

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S6127A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6127--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2017
                                ___________
 
 Introduced  by  Sens.  MURPHY, AVELLA, LATIMER -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Energy
   and  Telecommunications -- 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
 
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11437-12-7

 S. 6127--A                          2
 
 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:

 S. 6127--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.

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Senate Bill S6127A

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Sponsored By

Terrence Murphy

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

Bill Amendments

co-Sponsors

Tony Avella

George Latimer

2017-S6127 - Details

2017-S6127 - Summary

2017-S6127 - Sponsor Memo

2017-S6127 - Bill Text download pdf

co-Sponsors

Tony Avella

Luis R. Sepúlveda

2017-S6127A (ACTIVE) - Details

2017-S6127A (ACTIVE) - Summary

2017-S6127A (ACTIVE) - Sponsor Memo

2017-S6127A (ACTIVE) - Bill Text download pdf

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