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.
STATE OF NEW YORK
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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.
LBD15395-01-0
S. 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.