NY State Senate Bill 2017-S8326

Senate Bill S8326

2017-2018 Legislative Session

Relates 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

download bill text pdf

Archive: Last Bill Status - In Assembly 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
Jun 20, 2018	referred to labor
Jun 19, 2018	delivered to assembly passed senate
Jun 12, 2018	ordered to third reading cal.1732
Jun 07, 2018	reported and committed to rules
May 01, 2018	referred to energy and telecommunications

Votes

- Jun 19, 2018 - Floor Vote
  S8326
  
  38
  
  Aye
  
  24
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 19, 2018
      
      aye (38)
      
      Akshar
      
      Amedore
      
      Bonacic
      
      Boyle
      
      Carlucci
      
      DeFrancisco
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Golden
      
      Griffo
      
      Hannon
      
      Helming
      
      Jacobs
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Mayer
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      nay (24)
      
      Addabbo Jr.
      
      Alcantara
      
      Avella
      
      Bailey
      
      Benjamin
      
      Breslin
      
      Brooks
      
      Comrie
      
      Dilan
      
      Gianaris
      
      Hamilton
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kavanagh
      
      Kennedy
      
      Klein
      
      Krueger
      
      Montgomery
      
      Parker
      
      Peralta
      
      Persaud
      
      Rivera
      
      Sanders Jr.
      
      Sepúlveda
      
      excused (1)
      
      Croci
  Jun 12, 2018 - Rules Committee Vote
  S8326
  
  14
  
  Aye
  
  7
  
  Nay
  
  4
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 12, 2018
      
      aye (14)
      
      Bonacic
      
      DeFrancisco
      
      Flanagan
      
      Griffo
      
      Hannon
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Ranzenhofer
      
      Robach
      
      Seward
      
      Valesky
      
      nay (7)
      
      Breslin
      
      Dilan
      
      Gianaris
      
      Krueger
      
      Montgomery
      
      Parker
      
      Rivera
      
      aye wr (4)
      
      Kennedy
      
      Klein
      
      Savino
      
      Stewart-Cousins
  Jun 6, 2018 - Energy And Telecommunications Committee Vote
  S8326
  
  7
  
  Aye
  
  1
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Energy And Telecommunications Committee Vote: Jun 6, 2018
      
      aye (7)
      
      Comrie
      
      Dilan
      
      Griffo
      
      Little
      
      O'Mara
      
      Peralta
      
      Ritchie
      
      nay (1)
      
      Kennedy
      
      aye wr (2)
      
      Ortt
      
      Parker
      
      excused (1)
      
      Croci

2017-S8326 (ACTIVE) - Details

Current Committee:: Assembly Labor
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

2017-S8326 (ACTIVE) - Summary

Relates 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.

2017-S8326 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8326

SPONSOR: MURPHY
 
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 in Westchester county.

 
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 facil-
ity;

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 provides that the New York State energy research development
authority shall finance the employment retraining programs required
pursuant to section 860-j of the labor law through any funds NYSERDA
maintains, including but not limited to, the market development portfo-
lio of the clean energy fund. Provided, however, that NYSERDA shall not
increase or collect additional fees, rentals, penalties or other charges
authorized and in existence prior to the effective date of this act for
the financing of such programs.

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, partic-
ularly with comparable levels of benefits and compensation.  Thus, long-
er 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 facili-
ties, and the frequently delayed recovery and diagnosis of disease,
injury or other complication resulting from employment at such facili-
ties.

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 "Decommission-
ing Companies" prior to final closure. Absent enactment of this legis-
lation, 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-S8326 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8326
 
                             I N  S E N A T E
 
                                May 1, 2018
                                ___________
 
 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".
   §  1-a.  Legislative intent. The closure of Indian Point Nuclear Power
 Plant will have a devastating effect on the local workforce that  relies
 on this facility for employment. This act is intended to ensure that the
 local  workforce  remains  employed  locally.  This  act  shall  not  be
 construed to conflict, interfere, circumvent, or in any manner  abrogate
 existing or future collective bargaining agreements or contracts between
 any  of  the  involved  parties,  or parties that are not subject to the
 project labor agreement.
   § 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
 LOCATED IN WESTCHESTER COUNTY, THE ELECTRIC CORPORATION OWNING,  OPERAT-
 ING OR MANAGING SUCH PLANT SHALL SUBMIT TO THE DEPARTMENT A PLAN DETAIL-
 ING  THE  PROCESS FOR THE CLOSURE OR SALE OF THE NUCLEAR ELECTRIC PLANT.
 SUCH PLAN SHALL INCLUDE (A) DETAILS AND SPECIFICS ON THE ELECTRIC CORPO-
 RATION'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  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD15541-01-8

 S. 8326                             2
 
 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.  IN ADDITION, EVERY PLAN SUBMIT-
 TED  PURSUANT  TO  THIS  SECTION  SHALL BE IN SUCH FORM AND CONTAIN SUCH
 INFORMATION AS THE DEPARTMENT SHALL DETERMINE TO BE NECESSARY AND  PROP-
 ER.    FOR  PURPOSES OF THIS SECTION, "CONSTRUCTION WORK" SHALL INCLUDE,
 BUT NOT BE LIMITED TO, ANY DEMOLITION, RECONSTRUCTION, EXCAVATION, REHA-
 BILITATION, REPAIR, INSTALLATION, RENOVATION  OR  ALTERATION,  WHICH  IS
 CUSTOMARILY  PERFORMED  BY  A BUILDING AND CONSTRUCTION TRADES ORGANIZA-
 TION.
   2. NO NUCLEAR ELECTRIC PLANT LOCATED IN WESTCHESTER  COUNTY  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, BUT SHALL
 ONLY APPLY TO AN "ELECTRIC CORPORATION" LOCATED IN WESTCHESTER COUNTY.
   1-B. "ELECTRIC PLANT" SHALL HAVE  THE  SAME  MEANING  AS  PROVIDED  IN
 SUBDIVISION  TWELVE  OF SECTION TWO OF THE PUBLIC SERVICE LAW, BUT SHALL
 ONLY APPLY TO AN "ELECTRIC PLANT" LOCATED IN WESTCHESTER COUNTY.
   § 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. 8326                             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. 8326                             4
 
   §  10.  The New York state energy research development authority shall
 finance the employment retraining programs required pursuant to  section
 860-j  of  the  labor  law  through  any funds such authority maintains,
 including but not limited to, the market development  portfolio  of  the
 clean  energy fund. Provided, however, such authority shall not increase
 or collect additional fees, rentals, penalties or other charges  author-
 ized  and  in  existence prior to the effective date of this act for the
 financing of such programs.
   § 11. This act shall take effect immediately.

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