Sec. 403. Decommissioning work
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The Worker Adjustment and Retraining Notification Act is amended by inserting after section 5 ( 29 U.S.C. 2104 ) the following: In this section: The term coal power plant means an electrical power generating station at which coal is the fuel that creates the heat energy of combustion. The term covered plant closing means a plant closing of a coal power plant. The term decommissioning means the process of shutting down a coal power plant (including removing equipment and materials, complying with permits, demolishing buildings as necessary, and cleaning up contamination) to support new use of the plant, in accordance with regulations issued by the Secretary of Energy after consultation with the Administrator of the Environmental Protection Agency.
If an employer is required to serve written notice under section 3(a) with respect to a covered plant closing, the employer shall offer to enter into, and negotiate in good faith, an agreement with an employee representative described in paragraph (2), to engage employees at the plant in employment related to decommissioning the plant. The employee representative may be a labor organization or another representative (whether or not selected for the purposes of participating in the negotiations). .
Section 5 of the Worker Adjustment and Retraining Notification Act ( 29 U.S.C. 2014 ) is amended— in subsection (a)(4), by striking this Act each place it appears and inserting section 3 ; in the first sentence of subsection (b), by striking this Act and inserting section 3 ; by redesignating subsection
(b)as subsection (c); and by inserting after subsection
(a)the following: The Secretary may assess a civil penalty against an employer who violates the provisions of section 5A. The civil penalty shall be in amount based on the size of the business of the employer, measured as the average, over the past 10 years preceding the assessment, of the annual amount of property tax paid by the employer to the corresponding unit of local government. . Not later than 1 year after the date of enactment of this Act, the Secretary of Energy shall issue the regulations described in section 5A(a)(3) of the Worker Adjustment and Retraining Notification Act, as inserted by subsection (a).
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- 29 USC 2014
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