Bill Text: NY S07846 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to establishing requirements for the transfer, sale, lease and any decommissioning activities of the Indian Point Nuclear Power Plant; requires employees be paid not less than the prevailing wage in the locality where the Indian Point Nuclear Power Plant is located.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2020-12-31 - APPROVAL MEMO.73 [S07846 Detail]
Download: New_York-2019-S07846-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7846 IN SENATE February 26, 2020 ___________ Introduced by Sen. HARCKHAM -- read twice and ordered printed, and when printed to be committed to the Committee on Labor AN ACT to amend the labor law and the public service law, in relation to establishing requirements for the transfer, sale, lease and any decom- missioning activities 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. The labor law is amended by adding a new section 220-i to 2 read as follows: 3 § 220-i. Amounts due in the case of certain nuclear power plants. 1. 4 Notwithstanding any other provision of law to the contrary, any corpo- 5 ration, firm, company, partnership, limited liability company or associ- 6 ation with a contract to purchase the Indian Point Nuclear Power Plant, 7 or involved in any transfer or lease, as well as any decommissioning 8 activities, by the Indian Point Nuclear Power Plant of its franchise, 9 works or system or any part of such franchise, works or system shall 10 provide that employees of the Indian Point Nuclear Power Plant shall be 11 paid a wage of not less than the prevailing wage in the locality where 12 the Indian Point Nuclear Power Plant is located pursuant to section two 13 hundred twenty of this article. 14 2. Nothing in this section shall be deemed to diminish the rights, 15 privileges, or remedies of any current or former employee under any 16 other law or regulation or under any collective bargaining agreement or 17 employment contract. 18 § 2. The labor law is amended by adding a new section 231-a to read as 19 follows: 20 § 231-a. Prevailing wage in the case of certain nuclear power plants. 21 1. Notwithstanding any other provision of law to the contrary, any 22 corporation, firm, company, partnership, limited liability company or 23 association with a contract to purchase the Indian Point Nuclear Power 24 Plant, or involved in any transfer or lease, as well as any decommis- 25 sioning activities, by the Indian Point Nuclear Power Plant of its fran- 26 chise, works or system or any part of such franchise, works or system 27 shall provide that employees of the Indian Point Nuclear Power Plant EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15395-01-0S. 7846 2 1 shall be paid a wage of not less than the prevailing wage in the locali- 2 ty where the Indian Point Nuclear Power Plant is located pursuant to 3 section two hundred thirty-one of this article. 4 2. Nothing in this section shall be deemed to diminish the rights, 5 privileges, or remedies of any current or former employee under any 6 other law or regulation or under any collective bargaining agreement or 7 employment contract. 8 § 3. Section 70 of the public service law is amended by adding a new 9 subdivision 8 to read as follows: 10 8. (a) No consent shall be given by the commission to the transfer, 11 lease, or sale of any franchise, works, system, stock, or bonds of a 12 nuclear power plant within sixty miles of a city with a population of 13 one million or more in accordance with this section unless it shall have 14 been shown that any transferee or purchaser corporation, firm, company, 15 partnership, limited liability company or association shall: 16 (i) maintain the current workforce through the conclusion of the 17 transfer, lease, or sale of such nuclear power plant and such workforce 18 shall be bound by any collective bargaining agreement applicable to such 19 workforce pursuant to the terms of such agreement, provided that to the 20 extent practicable such workforce shall also be maintained through 21 decommissioning, and also provided that the workforce providing security 22 services shall be maintained through the decommissioning and close of 23 such nuclear power plant and shall be bound by any collective bargaining 24 agreement applicable to such workforce pursuant to the terms of such 25 agreement; 26 (ii) in hiring any new employees, hire from a pool of current employ- 27 ees to the extent practicable and to the extent such employee's skills 28 meet the requirements needed; 29 (iii) enter into a labor peace agreement, with a bona fide labor 30 organization or labor organizations that are actively engaged in repres- 31 enting or attempting to represent the transferee or purchaser's employ- 32 ees and the maintenance of such a labor peace agreement or agreements 33 shall be an ongoing material condition of consent; and 34 (iv) comply with applicable labor laws including but not limited to 35 article twenty-five-A of the labor law. 36 (b) For the purposes of this subdivision, "labor peace agreement" 37 means an agreement between an entity and a labor organization that, at a 38 minimum, protects the state's proprietary interests by prohibiting labor 39 organizations and members from engaging in picketing, work stoppages, 40 boycotts, and any other economic interference with the entity. 41 § 4. This act shall take effect on the ninetieth day after it shall 42 have become a law; provided, however, that section three of this act 43 shall take effect immediately.
