Enacts provisions for the protection of the health, safety and employment rights of persons suffering employment loss from the closure of nuclear electric plants; relates to the transfer or lease of closed electric generators; relates to payment of prevailing wages of affected employees of the Indian Point Nuclear Power Plant.
STATE OF NEW YORK
________________________________________________________________________
6161--A
2019-2020 Regular Sessions
IN SENATE
May 21, 2019
___________
Introduced by Sen. HARCKHAM -- read twice and ordered printed, and when
printed to be committed to the Committee on Energy and Telecommuni-
cations -- 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; and
to amend the public service law, in relation to the transfer or lease
of closed electric generators; and in relation to payment of prevail-
ing wages of affected employees of the Indian Point Nuclear Power
Plant
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "nuclear facility closing workers' protection act".
3 § 2. The public service law is amended by adding a new section 28 to
4 read as follows:
5 § 28. Nuclear electric plants; closure or sale plan. 1. Not less than
6 eighteen months prior to the closure or sale of a nuclear electric
7 plant, the electric corporation owning, operating or managing such plant
8 shall submit to the department a plan detailing the process for the
9 closure or sale of the nuclear electric plant. Such plan shall include
10 (a) details and specifics on the electric corporation's plan to comply
11 with article twenty-five-A of the labor law as they apply to nuclear
12 electric plants, and (b) a workforce retention component which shall
13 utilize the existing labor force during the closure and decommissioning
14 period. The workforce retention component shall include provisions that
15 (i) any construction work which may be performed during the closure and
16 decommissioning period, shall be performed pursuant to a project labor
17 agreement, as defined in section two hundred twenty-two of the labor
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07744-04-9
S. 6161--A 2
1 law, entered into with a bona fide building and construction trades
2 labor organization having jurisdiction over the scope of work to be
3 performed; and (ii) any other work which may be performed pursuant to a
4 project labor agreement, as defined in section two hundred twenty-two of
5 the labor law, entered into with a bona fide employee organization
6 having jurisdiction over the scope of the work to be performed. In addi-
7 tion, every plan submitted pursuant to this section shall be in such
8 form and contain such information as the department shall determine to
9 be necessary and proper. For purposes of this section, "construction
10 work" shall include, but not be limited to, any demolition, recon-
11 struction, excavation, rehabilitation, repair, installation, renovation
12 or alteration, which is customarily performed by a building and
13 construction trades organization.
14 2. No nuclear electric plant shall be closed or sold unless:
15 (a) the plan submitted pursuant to subdivision one of this section, or
16 an amended version of such plan as may be required by the department,
17 shall have been approved by the department;
18 (b) after the approval of such plan pursuant to paragraph (a) of this
19 subdivision, the affected employees shall have been provided notice of
20 employment loss, as required by section eight hundred sixty-b of the
21 labor law, not less than one year prior to such closure or sale;
22 (c) the plan approved pursuant to paragraph (a) of this subdivision is
23 included as a material term of every contract and plan relating to the
24 closure of sale of the electric plant; and
25 (d) the department has granted its approval of every contract or plan
26 providing for the sale or closure of the electric plant.
27 3. Upon a finding of the department that an electric corporation
28 violated any provision of this section, or that any person has violated
29 the provisions of a plan approved pursuant to this section, all
30 contracts and plans relating to the closure or sale of the nuclear elec-
31 tric plant by the electric corporation shall be deemed null and void,
32 and such corporation or person, after notice and hearing, may be liable
33 for a civil fine of not less than five million dollars to be imposed by
34 the department.
35 § 3. Section 860-a of the labor law is amended by adding two new
36 subdivisions 1-a and 1-b to read as follows:
37 1-a. "Electric corporation" shall have the same meaning as provided in
38 subdivision thirteen of section two of the public service law.
39 1-b. "Electric plant" shall have the same meaning as provided in
40 subdivision twelve of section two of the public service law.
41 § 4. Section 860-b of the labor law is amended by adding a new subdi-
42 vision 1-a to read as follows:
43 1-a. Notwithstanding the provisions of subdivision one of this
44 section, in the case of an employer that is an electric corporation
45 owning, operating or maintaining a nuclear electric plant, such employer
46 shall not order a mass layoff, relocation or employment loss until its
47 plan to implement the provisions of this article shall have been
48 approved by the department of public service pursuant to section twen-
49 ty-eight of the public service law, and thereafter, at least one year
50 before the order takes effect, such employer gives written notice of the
51 order to the following:
52 (a) affected employees and the representatives of the affected employ-
53 ees;
54 (b) the department; and
S. 6161--A 3
1 (c) the local workforce investment boards established pursuant to the
2 federal Workforce Investment Act (P.L. 105-220) for the locality in
3 which the mass layoff, relocation or employment loss will occur.
4 § 5. Subdivision 3 of section 860-b of the labor law, as added by
5 chapter 475 of the laws of 2008, is amended to read as follows:
6 3. Notwithstanding the requirements of subdivision one or one-a of
7 this section, an employer is not required to provide notice if a mass
8 layoff, relocation, or employment loss is necessitated by a physical
9 calamity or an act of terrorism or war.
10 § 6. The opening paragraph of subdivision 1 of section 860-g of the
11 labor law, as added by chapter 475 of the laws of 2008, is amended to
12 read as follows:
13 An employer who fails to give notice as required by paragraph (a) of
14 subdivision one or paragraph (a) of subdivision one-a of section eight
15 hundred sixty-b of this article before ordering a mass layoff, relo-
16 cation, or employment loss is liable to each employee entitled to notice
17 who lost his or her employment for:
18 § 7. Section 860-h of the labor law is amended by adding a new subdi-
19 vision 5 to read as follows:
20 5. Notwithstanding any other provision of this section to the contra-
21 ry, if an employer that is an electric corporation owning, operating or
22 maintaining a nuclear electric plant violates any provision of this
23 article, such corporation, after notice and hearing, may be liable for a
24 civil fine of not less than five million dollars to be imposed by the
25 department.
26 § 8. The labor law is amended by adding a new section 860-j to read as
27 follows:
28 § 860-j. Employment loss at a nuclear electric plant. 1. The electric
29 corporation owning, operating or maintaining a nuclear electric plant at
30 which there will be a mass layoff, relocation or employment loss, shall
31 within ten days of providing notice thereof pursuant to subdivision
32 one-a of section eight hundred sixty-b of this article shall cause to be
33 conducted and completed an extensive health screening, in accordance
34 with the regulations of the commissioner of health, of all employees,
35 contractors and subcontractors working at such plant. Such health
36 screening shall include general health screening, and screening for
37 diseases and conditions related to employment in a nuclear electric
38 plant.
39 2. Each electric corporation owning, operating or maintaining a nucle-
40 ar electric plant at which there will be a mass layoff, relocation or
41 employment loss shall establish and operate employment retraining
42 programs for all employees, contractors and subcontractors who are
43 affected by an employment loss. Such programs shall be conducted,
44 subject to the supervision of the department, during the one-year notice
45 period provided for in subdivision one-a of section eight hundred
46 sixty-b of this article. Furthermore, training shall be provided to
47 acquire any necessary skills and certifications for employment by any
48 entity which is engaged in the closure or decommissioning of the nuclear
49 electric plant. Every person who completes training pursuant to this
50 subdivision shall be granted an employee preference.
51 § 9. Subdivision 1 of section 206 of the public health law is amended
52 by adding a new paragraph (w) to read as follows:
53 (w) by rule and regulation, establish standards and guidelines for the
54 extensive health screenings of persons working in nuclear electric
55 plants, required by subdivision one of section eight hundred sixty-j of
56 the labor law.
S. 6161--A 4
1 § 10. Section 70 of the public service law, as amended by chapter 226
2 of the laws of 2009, is amended to read as follows:
3 § 70. Transfer of franchises or stocks. 1. No gas corporation [or],
4 electric corporation or closed electric generator shall transfer or
5 lease its franchise, works or system or any part of such franchise,
6 works or system to any other person or corporation or contract for the
7 operation of its works and system, without the written consent of the
8 commission. Notwithstanding the foregoing, any transfer or lease with an
9 original cost of (a) less than one hundred thousand dollars proposed by
10 a gas [or] corporation, electric corporation or closed electric genera-
11 tor having annual gross revenues in excess of two hundred million
12 dollars or (b) less than twenty-five thousand dollars proposed by a gas
13 [or] corporation, electric corporation or closed electric generator
14 having annual gross revenues of less than two hundred million dollars
15 shall be effective without the commission's written consent within nine-
16 ty days after such corporation notifies the commission that it plans to
17 complete the transfer or lease and submits a description of the transfer
18 or lease; provided, however, that the commission may determine within
19 such ninety days after such notification and submission that the public
20 interest requires its review and written consent.
21 2. The permission and approval of the commission, to the exercise of a
22 franchise under section sixty-eight of this article, or to the assign-
23 ment, transfer or lease of a franchise under this section shall not be
24 construed to revive or validate any lapsed or invalid franchise or to
25 enlarge or add to the powers and privileges contained in the grant of
26 any franchise or to waive any forfeiture.
27 3. No gas corporation [or], electric corporation or closed electric
28 generator shall directly or indirectly acquire the stock or bonds of any
29 other corporation incorporated for, or engaged in, the same or a similar
30 business, in this state or any other state, or proposing to operate or
31 operating under a franchise from the same or any other municipality,
32 neither shall any street railroad corporation acquire the stock or bonds
33 of any electric corporation, unless authorized so to do by the commis-
34 sion.
35 4. Save where stock shall be transferred or held for the purpose of
36 collateral security only with the consent of the commission empowered by
37 this chapter to give such consent, no stock corporation of any
38 description, domestic or foreign, company, including, but not limited
39 to, a limited liability company, association, including a joint stock
40 association, partnership, including a limited liability partnership, or
41 person, other than a gas corporation [or], electric corporation, closed
42 electric generator or street railroad corporation, shall purchase or
43 acquire, take or hold, more than ten per centum of the voting capital
44 stock issued by any gas corporation [or], electric corporation or closed
45 electric generator organized or existing under or by virtue of the laws
46 of this state, except that a corporation now lawfully holding a majority
47 of the voting capital stock of any gas corporation [or], electric corpo-
48 ration or closed electric generator may with the consent of the commis-
49 sion acquire and hold the remainder of the voting capital stock of such
50 gas corporation [or], electric corporation or closed electric generator
51 or any portion thereof. Provided, that with the consent of such commis-
52 sion and upon and subject to such terms and conditions as such commis-
53 sion may fix and impose, any such stock corporation, company, associ-
54 ation, partnership or person may acquire, take and hold more than ten
55 per centum of the voting capital stock of any gas corporation [or],
S. 6161--A 5
1 electric corporation or closed electric generator, organized or existing
2 under or by virtue of the laws of this state.
3 5. No consent shall be given by the commission to the acquisition of
4 any stock in accordance with this section unless it shall have been
5 shown that such acquisition is in the public interest. Nothing herein
6 contained shall be construed to prevent the holding of any stock hereto-
7 fore lawfully acquired, nor to prevent, upon the surrender or exchange
8 of such stock pursuant to a reorganization plan, the purchase, acquisi-
9 tion, taking or holding of a proportionate amount of stock of any new
10 corporation organized to take over, at foreclosure or other sale, the
11 property of any corporation whose stock has been thus surrendered or
12 exchanged; but the proportion of the voting capital stock of the new
13 corporation held by a stock corporation, company, association, partner-
14 ship or person and acquired by it by any such surrender or exchange of
15 stock shall not without the consent of the commission exceed the propor-
16 tion of the voting capital stock held by it in the former corporation.
17 6. Every contract, assignment, transfer or agreement for transfer of
18 any stock by or through any person or corporation to any corporation,
19 company, association, partnership or person in violation of any
20 provision of this chapter shall be void and of no effect, and no such
21 transfer or assignment shall be made upon the books of any such gas
22 corporation, [or] electric corporation or closed electric generator, or
23 shall be recognized as effective for any purpose.
24 7. No consent, permission or approval otherwise required under this
25 section shall be necessary for the sale of the franchise, works, system,
26 stocks or bonds by a gas [or] corporation, electric corporation or
27 closed electric generator to a duly constituted authority of the state.
28 8. Any transfer or lease, as well as any decommissioning activities,
29 by a closed electric generator of its franchise, works or system or any
30 part of such franchise, works or system to any corporation, firm, compa-
31 ny, partnership, limited liability company, association or person shall,
32 to the maximum extent practicable, provide that employees of such closed
33 electric generator with skill sets necessary for the operation of a
34 successor corporation, firm, company, partnership, limited liability
35 company, association or person be retained for employment with such
36 successor and shall be paid a wage of not less than the prevailing wage
37 in the locality where such closed electric generator is located.
38 9. Any construction work to be performed during the closure and decom-
39 missioning period shall be performed pursuant to a project labor agree-
40 ment, as defined in section two hundred twenty-two of the labor law,
41 entered into between a purchaser and a bona fide building and
42 construction trades labor organization having jurisdiction over the
43 scope of work to be performed; any other work which shall be performed
44 concerning the closure and decommissioning period shall be performed
45 pursuant to a labor peace agreement entered into between a purchaser and
46 the local labor organization having jurisdiction over the scope of work
47 to be performed. For purposes of this subdivision, the term "purchaser"
48 shall mean any corporation, firm, company, limited liability company, or
49 association.
50 § 11. Notwithstanding any other provision of law to the contrary, the
51 commissioner of labor shall ensure that any employees of the Indian
52 Point Nuclear Power Plant, located at 450 Broadway, Buchanan, New York,
53 10511, and any successor or successors in interest to the Indian Point
54 Nuclear Power Plant, shall be granted notice to any affected employees
55 pursuant to section 860-b of the labor law and such employees shall be
56 granted prevailing wages pursuant to section 220 of the labor law. Such
S. 6161--A 6
1 affected employees shall be paid a premium wage commensurate with the
2 premium wages prevailing in the area in which the work is performed
3 until such time as the Indian Point Nuclear Power Plant is closed.
4 § 12. Notwithstanding any other provision of law to the contrary, any
5 corporation, firm, company, partnership, limited liability company or
6 association, hereinafter known as "purchaser" with a contract to
7 purchase the Indian Point Nuclear Power Plant, to the extent practica-
8 ble, shall maintain the current workforce through the conclusion of the
9 purchase of such power plant. In hiring any new employees, such
10 purchaser shall hire from a pool of current employees at the Indian
11 Point Nuclear Power Plant unless such purchaser proves to the department
12 of labor that such employees' skills do not meet the requirements needed
13 for the open positions. The department of labor shall oversee the
14 purchase, sale and employment practices of the Indian Point Nuclear
15 Power Plant.
16 § 13. This act shall take effect immediately.
