NY State Senate Bill 2021-S1276A

Senate Bill S1276A

2021-2022 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 19, 2022	print number 1276a
Jan 19, 2022	amend and recommit to energy and telecommunications
Jan 05, 2022	referred to energy and telecommunications
Jan 08, 2021	referred to energy and telecommunications

Bill Amendments

Original

A (Active)

co-Sponsors

2021-S1276 - 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
2017-2018: S5604
2019-2020: S3286

2021-S1276 - 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

2021-S1276 - Sponsor Memo

                                
 
BILL NUMBER: S1276

SPONSOR: KRUEGER
 
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
powerplants who communicate concerns regarding safety problems.

 
SUMMARY OF PROVISIONS:

This bill would amend 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 poten-
tial 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.

One of NY's more notable plants, Indian Point Nuclear Power Plant, has
for years operated with continual safety violations. The plant has had
upwards of 40 safety events, operational events and shutdowns since 2012
alone. Employees working at nuclear power plants should not feel pres-
sured or intimidated by their supervisors in airing safety concerns that
arise, like those that have occurred at Indian Point. Nuclear power
plant workplace culture seems to emphasize silence over safety. 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. Governor Cuomo
plans to close the Indian Point Energy Center by April 2021. The state
has forged an agreement with Entergy to end all operations at the facil-
ity from April 2020-April 2021. However, there are still the Ginna
Nuclear Generating Station, the James A. Fitzpatrick Nuclear Power Plant
and the Nine Mile Point Nuclear Generating Stations that for the fore-
seeable future will maintain operations.

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 "Whistle-
blower Statute," which was passed in 1964, have led commentators to note
that whistleblower protection in New York is all but non-existent. 21st
Century law should provide for public and employee health and safety. It
is crucial to have a nuclear whistleblower access and assistance program
established for as long as NY maintains nuclear power plant operations.

 
LEGISLATIVE HISTORY:

2019-20: S3286A/A7482 Rozic - died in Energy and Telecom
2017-18: S5604 No Same As - died in Energy and Telecom
2015-16: S2777-A No Same As - died in Energy and Telecom
2013-14: S3267-A No Same As - died in Energy and Telecom
2011-12: S1593-A/A4799-A Galef - notice of committee consideration,
committed to Rules
2009-10: - A5200-A Brodsky No Same As - died in Rules
2007-08: S250 Morahan/A 1378 Brodsky - passed Assembly, died in Energy
and Telecom

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
Immediately

2021-S1276 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1276
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 8, 2021
                                ___________
 
 Introduced  by  Sens.  KRUEGER,  LIU,  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-b to read as follows:
   §  1873-B.  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.

                                                            LBD04382-02-1

 S. 1276                             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. 1276                             3
 
   §  3. Section 1005 of the public authorities  law is amended by adding
 a new subdivision 28 to read as follows:
   28.  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-B OF THIS
 CHAPTER.
   §  4.  Section 65 of the public service law is amended by adding a new
 subdivision 17 to read as follows:
   17. 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-B 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. 1276                             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-B 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-B OF THE PUBLIC AUTHORITIES LAW.
   § 10. This act shall take effect immediately.

co-Sponsors

2021-S1276A (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
2017-2018: S5604
2019-2020: S3286

2021-S1276A (ACTIVE) - Summary

2021-S1276A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1276A

SPONSOR: KRUEGER
 
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
powerplants who communicate concerns regarding safety problems.

 
SUMMARY OF PROVISIONS:

This bill would amend 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 poten-
tial 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.

One of NY's more notable plants, Indian Point Nuclear Power Plant, has
for years operated with continual safety violations. The plant has had
upwards of 40 safety events, operational events and shutdowns since 2012
alone. Employees working at nuclear power plants should not feel pres-
sured or intimidated by their supervisors in airing safety concerns that
arise, like those that have occurred at Indian Point. Nuclear power
plant workplace culture seems to emphasize silence over safety. 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. Governor Cuomo
plans to close the Indian Point Energy Center by April 2021. The state
has forged an agreement with Entergy to end all operations at the facil-
ity from April 2020-April 2021. However, there are still the Ginna
Nuclear Generating Station, the James A. Fitzpatrick Nuclear Power Plant
and the Nine Mile Point Nuclear Generating Stations that for the fore-
seeable future will maintain operations.

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 "Whistle-
blower Statute," which was passed in 1964, have led commentators to note
that whistleblower protection in New York is all but non-existent. 21st
Century law should provide for public and employee health and safety. It
is crucial to have a nuclear whistleblower access and assistance program
established for as long as NY maintains nuclear power plant operations.

 
LEGISLATIVE HISTORY:

2019-20: S3286A/A7482 Rozic - died in Energy and Telecom
2017-18: S5604 No Same As - died in Energy and Telecom
2015-16: S2777-A No Same As - died in Energy and Telecom
2013-14: S3267-A No Same As - died in Energy and Telecom
2011-12: S1593-A/A4799-A Galef - notice of committee consideration,
committed to Rules
2009-10: - A5200-A Brodsky No Same As - died in Rules
2007-08: S250 Morahan/A 1378 Brodsky - passed Assembly, died in Energy
and Telecom

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
Immediately

2021-S1276A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1276--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 8, 2021
                                ___________
 
 Introduced  by  Sens.  KRUEGER,  LIU,  SERRANO -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Energy
   and  Telecommunications  -- recommitted to the Committee on Energy and
   Telecommunications in accordance with Senate Rule 6, sec. 8 -- commit-
   tee discharged, bill amended, ordered reprinted as amended and  recom-
   mitted to said committee
 
 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:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04382-03-2

 S. 1276--A                          2
 
   §  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
 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-
 S. 1276--A                          3
 
 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.
   §  3. Section 1005 of the public authorities  law is amended by adding
 a new subdivision 28 to read as follows:
   28. 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 17 to read as follows:
   17.  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 522 of the laws of 2021, 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 the employee
 reasonably believes is in violation of law, rule or regulation  or  that
 the employee reasonably believes poses a substantial and specific danger
 to  the  public  health  or  safety  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
 S. 1276--A                          4
 
 BE INCONSISTENT WITH THE FEDERAL OBSTRUCTION OF JUSTICE LAWS CODIFIED AT
 18 U.S.C. 1512 OR THE ATOMIC ENERGY ACT/ENERGY REORGANIZATION ACT.
   §  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 18 to read as follows:
   18. 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.

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Senate Bill S1276A

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Sponsored By

Liz Krueger

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

Bill Amendments

co-Sponsors

John C. Liu

Jose M. Serrano

2021-S1276 - Details

2021-S1276 - Summary

2021-S1276 - Sponsor Memo

2021-S1276 - Bill Text download pdf

co-Sponsors

John C. Liu

Jose M. Serrano

2021-S1276A (ACTIVE) - Details

2021-S1276A (ACTIVE) - Summary

2021-S1276A (ACTIVE) - Sponsor Memo

2021-S1276A (ACTIVE) - Bill Text download pdf

Comments