What's happening
This bill requires nuclear plant owners to submit closure or sale plans protecting worker rights, health, and employment, with penalties for noncompliance.
Why it matters
Mandates advance planning. Nuclear plant owners must submit detailed closure or sale plans at least 18 months before any action, ensuring there is time for careful review of worker protections, health measures, and job transition strategies.
Strengthens worker protections. The bill requires that existing workers are prioritized for jobs during the decommissioning phase, with construction and related work performed under union project labor agreements, thus supporting job retention and fair labor standards.
Introduces significant health and retraining requirements. When a closure or mass layoff is planned, all affected employees, contractors, and subcontractors must receive comprehensive health screenings for issues related to nuclear work, and employers must run job retraining programs with employee preference for future work on the site’s closure and cleanup.
Enforces compliance through steep penalties. Any violations by plant owners—including failing to follow approved plans or provide proper notice—can result in contracts being voided and civil fines of at least $5 million, creating strong incentives for companies to comply with worker and public safety measures.
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Who cares
Nuclear plant employees, contractors and subcontractors
The bill would require health screenings and retraining for affected workers, give training completers an employment preference and require a workforce retention plan for closure and decommissioning.
Electric corporations owning or operating nuclear plants
The bill would require closure or sale plans at least 18 months in advance, agency approvals and at least one year’s employment-loss notice, with violations potentially triggering fines of at least $5 million.
Building and construction trades unions
Construction work during closure and decommissioning would have to be performed under project labor agreements with bona fide building trades labor organizations having jurisdiction over the work.
State public service, labor and health agencies
The bill would assign them responsibilities for approving closure and sale plans, overseeing retraining, enforcing worker protections and setting health-screening standards.
Headline styles
Protect Laid-Off Nuclear Workers
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 40
2 Co-sponsors
History
- Referred to energy and telecommunications
- Print number 6127a
- Amend and recommit to energy and telecommunications
- Referred to energy and telecommunications
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Protect Laid-off Nuclear Workers
Assembly Floor Calendar · Sponsor Michele Titus
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6127--A
2017-2018 Regular Sessions
IN SENATE
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 Assembly, 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 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. For purposes of this section, "construction work" shall include, but not be limited to, any demolition, reconstruction, 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 electric 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 subdivision 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 twenty-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 employees;
(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, relocation, 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 subdivision 5 to read as follows:
5. Notwithstanding any other provision of this section to the contrary, 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 nuclear 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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."
Read the full memo (639 words)
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.