NY State Senate Bill 2019-S7734

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 12, 2020	referred to rules

2019-S7734 (ACTIVE) - Details

See Assembly Version of this Bill:: A9787
Current Committee:: Senate Rules
Law Section:: Public Service Law
Laws Affected:: Rpld Chap of 2019 (as proposed in S.6265-A & A.8083-A); add §42-a, Pub Serv L

2019-S7734 (ACTIVE) - Summary

Provides for compensation to workers to be commensurate with the experience and expertise needed.

2019-S7734 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7734

SPONSOR: GIANARIS
 
TITLE OF BILL:

An act to amend the public service law, in relation to the payment of
wages to workers; and to repeal a chapter of the laws of 2019, amending
the labor law relating to ensuring that utility employees receive the
prevailing wage

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to require building service employees
performing work at certain utility facilities to be paid prevailing
wage.

 
SUMMARY OF PROVISIONS:

Section one of the bill would repeal Chapter 758 of the laws of 2019, as
proposed in legislative bills numbers S.6265-A and A.8083-A.

Section two would add a new section § 42-a to the Public Service Law to
require building service employees that are employed at an active major
electric or steam generating facility to he subject to the prevailing
wage requirements of Article 9 of the Labor Law. This would also apply
to building service employees that are employed at a transmission or
distribution facility considered critical infrastructure as determined
by the New York State Division of Homeland Security and Emergency
Services in consultation with the New York State Department of Public
Service.

Section three would establish the effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

Not applicable.

 
JUSTIFICATION:

Power delivery structures across New York State, including active elec-
tric and steam generating facilities, transmission facilities, and
distribution facilities, have become increasingly vulnerable to attacks
in recent years due to their spread over large distances and interde-
pendence with the economy combined with expanded stress on the power
grid. Damage from terrorist attacks, in particular, have the potential
to cause cascading failures that could leave millions of people without
power and disrupt critical services for citizens, the State, the coun-
try, and even internationally. For these reasons, this critical infras-
tructure requires a strong and experienced workforce to meet the safety
and security needs of these important facilities.  This bill would help
reduce turnover among the workers who provide cleaning, security, and
maintenance services at active generating, transmission, and distrib-
ution facilities by requiring that building service employees receive
prevailing wage consistent with Article 9 of the Labor Law, thus provid-
ing for a stronger, more developed and trained workforce that may help
protect these critical operations.

 
PRIOR LEGISLATIVE HISTORY:

Amends Chapter 758 of the Laws of 2019.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as
Chapter 758 of the Laws of 2019, amending the labor law relating to
ensuring that utility employees receive the prevailing wage, as proposed
in legislative bills numbers S. 6265-A and A. 8083-A, takes effect,
provided, however, that section two of this act shall take effect on the
one hundred eightieth day after it shall have become a law.

2019-S7734 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7734
 
                             I N  S E N A T E
 
                             February 12, 2020
                                ___________
 
 Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the public service law, in relation to  the  payment  of
   wages  to workers; and to repeal a chapter of the laws of 2019, amend-
   ing the labor law relating to ensuring that utility employees  receive
   the prevailing wage

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. A chapter of the laws  of  2019,  amending  the  labor  law
 relating to ensuring that utility employees receive the prevailing wage,
 as  proposed  in  legislative  bills numbers S. 6265-A and A. 8083-A, is
 REPEALED.
   § 2. The public service law is amended by adding a new section 42-a to
 read as follows:
   § 42-A. PAYMENT OF WAGES TO WORKERS; CERTAIN CASES. 1. THE LEGISLATURE
 HEREBY FINDS THAT THE PROTECTION OF CRITICAL INFRASTRUCTURE IS FURTHERED
 BY THE ENHANCED TRAINING, EXPERIENCE AND EXPERTISE  OF  WORKERS  IN  ALL
 POSITIONS  AT SUCH FACILITIES.  GIVEN THAT THE STATE OF NEW YORK, DUE TO
 ITS REPRESENTATION AS A BEACON OF LIBERTY, DIVERSITY AND  EQUALITY,  AND
 ITS  HISTORY  OF BEING THE TARGET OF TERRORIST ATTACKS, WILL ALWAYS BE A
 TARGET FOR THOSE WHO WISH TO DO THIS COUNTRY AND THIS  STATE  HARM,  NEW
 YORK  HAS  A FUNDAMENTAL OBLIGATION TO HARDEN ITS INFRASTRUCTURE AGAINST
 ANY SUCH THREATS OR ACTIVITY. IN HARDENING THE INFRASTRUCTURE  THERE  IS
 NO GREATER ASSET THAN THE HUMAN CAPITAL THAT SERVE AT THE FRONT LINES OF
 THE  EFFORT TO THWART TERRORIST ATTACKS. THE ELECTRIC AND STEAM GENERAT-
 ING FACILITIES IN THE STATE, WHEN ACTIVE, PROVIDE A TARGET THAT REQUIRES
 THE HARDENING NOT ONLY OF THE  PHYSICAL  INFRASTRUCTURE  BUT  THE  HUMAN
 INFRASTRUCTURE  AS  WELL.  TURNOVER  IN  SUCH POSITIONS, FOR THE SERVICE
 WORKERS WHO PROVIDE CLEANING, SECURITY AND MAINTENANCE SERVICES AT  SUCH
 ACTIVE  GENERATING  FACILITIES  WILL  DECREASE  IF  THE WORKERS ARE PAID
 INCREASED WAGES. THE REDUCTION OF  TURNOVER  WILL  ALLOW  FOR  THE  MORE
 DEVELOPED  AND  TRAINED  WORKFORCE TO CONTINUE TO PROVIDE THE MEASURE OF
 SAFETY AND SECURITY THE  STATE  REQUIRES.  GIVEN  THAT  IMPORTANT  STATE
 INTEREST,  IT  IS  THEREFORE FOUND AND DECLARED THAT THE WORKERS AT SUCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD13100-04-0

 S. 7734                             2
 
 FACILITIES SHALL BE TRAINED TO ENSURE THEIR ABILITY TO MEET THE SECURITY
 NEEDS OF THE FACILITIES THAT THEY WORK UPON. IT  IS  FURTHER  FOUND  AND
 DECLARED  THAT  THE  REDUCTION  OF  TURNOVER  MAY BE ACCOMPLISHED BY THE
 PAYMENT  OF  RATES OF PAY IN LINE WITH THOSE PREVAILING IN SUCH TRADE OR
 OCCUPATION, AS OTHERWISE DEFINED.
   2. THE WAGES PAID, AND BENEFITS PROVIDED, TO BUILDING SERVICE  EMPLOY-
 EES WHO ARE EMPLOYED AT A WORK LOCATION THAT IS AN ACTIVE MAJOR ELECTRIC
 OR  STEAM  GENERATING  FACILITY,  OR  AT  A TRANSMISSION OR DISTRIBUTION
 FACILITY CONSIDERED CRITICAL INFRASTRUCTURE AS DETERMINED BY  THE  DIVI-
 SION  OF  HOMELAND  SECURITY AND EMERGENCY SERVICES IN CONSULTATION WITH
 THE DEPARTMENT, SHALL BE SUBJECT TO ARTICLE NINE OF THE LABOR LAW.   FOR
 PURPOSES  OF  THIS SECTION "MAJOR ELECTRIC GENERATING FACILITY" MEANS AN
 ELECTRIC GENERATING FACILITY WITH A  NAMEPLATE  GENERATING  CAPACITY  OF
 TWENTY-FIVE  THOUSAND KILOWATTS OR MORE, INCLUDING INTERCONNECTION ELEC-
 TRIC TRANSMISSION LINES AND FUEL  GAS  TRANSMISSION  LINES,  AND  "MAJOR
 STEAM  GENERATING  FACILITY"  MEANS  A  STEAM GENERATING FACILITY WITH A
 GENERATING CAPACITY TO BE DETERMINED BY THE DEPARTMENT.
   § 3. This act shall take effect on the  same  date  and  in  the  same
 manner as a chapter of the laws of 2019, amending the labor law relating
 to  ensuring  that  utility  employees  receive  the prevailing wage, as
 proposed in legislative bills numbers S. 6265-A  and  A.  8083-A,  takes
 effect,  provided,  however,  that  section  two  of this act shall take
 effect on the one hundred eightieth day after it  shall  have  become  a
 law.

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Senate Bill S7734

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

2019-S7734 (ACTIVE) - Details

2019-S7734 (ACTIVE) - Summary

2019-S7734 (ACTIVE) - Sponsor Memo

2019-S7734 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7734

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Sponsored By

Michael Gianaris

Archive: Last Bill Status - In Senate Committee Rules Committee

2019-S7734 (ACTIVE) - Details

2019-S7734 (ACTIVE) - Summary

2019-S7734 (ACTIVE) - Sponsor Memo

2019-S7734 (ACTIVE) - Bill Text download pdf

Comments