The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10338
 
                           I N  A S S E M B L Y
 
                              April 29, 2020
                                ___________
 
 Introduced  by M. of A. GALEF -- read once and referred 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:
 
   Section  1.  The labor law is amended by adding a new section 220-i to
 read as follows:
   § 220-I. AMOUNTS DUE IN THE CASE OF CERTAIN NUCLEAR POWER  PLANTS.  1.
 NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, ANY CORPO-
 RATION, FIRM, COMPANY, PARTNERSHIP, LIMITED LIABILITY COMPANY OR ASSOCI-
 ATION WITH A CONTRACT TO PURCHASE THE INDIAN POINT NUCLEAR POWER  PLANT,
 OR  INVOLVED  IN  ANY  TRANSFER OR LEASE, AS WELL AS ANY DECOMMISSIONING
 ACTIVITIES, BY THE INDIAN POINT NUCLEAR POWER PLANT  OF  ITS  FRANCHISE,
 WORKS  OR  SYSTEM  OR  ANY PART OF SUCH FRANCHISE, WORKS OR SYSTEM SHALL
 PROVIDE THAT EMPLOYEES OF THE INDIAN POINT NUCLEAR POWER PLANT SHALL  BE
 PAID  A  WAGE OF NOT LESS THAN THE PREVAILING WAGE IN THE LOCALITY WHERE
 THE INDIAN POINT NUCLEAR POWER PLANT IS LOCATED PURSUANT TO SECTION  TWO
 HUNDRED TWENTY OF THIS ARTICLE.
   2.  NOTHING  IN  THIS  SECTION SHALL BE DEEMED TO DIMINISH THE RIGHTS,
 PRIVILEGES, OR REMEDIES OF ANY CURRENT  OR  FORMER  EMPLOYEE  UNDER  ANY
 OTHER  LAW OR REGULATION OR UNDER ANY COLLECTIVE BARGAINING AGREEMENT OR
 EMPLOYMENT CONTRACT.
   § 2. The labor law is amended by adding a new section 231-a to read as
 follows:
   § 231-A. PREVAILING WAGE IN THE CASE OF CERTAIN NUCLEAR POWER  PLANTS.
 1.    NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, ANY
 CORPORATION, FIRM, COMPANY, PARTNERSHIP, LIMITED  LIABILITY  COMPANY  OR
 ASSOCIATION  WITH  A CONTRACT TO PURCHASE THE INDIAN POINT NUCLEAR POWER
 PLANT, OR INVOLVED IN ANY TRANSFER OR LEASE, AS WELL  AS  ANY  DECOMMIS-
 SIONING ACTIVITIES, BY THE INDIAN POINT NUCLEAR POWER PLANT OF ITS FRAN-
 CHISE,  WORKS  OR  SYSTEM OR ANY PART OF SUCH FRANCHISE, WORKS OR SYSTEM
 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

 A. 10338                            2
 
 SHALL BE PAID A WAGE OF NOT LESS THAN THE PREVAILING WAGE IN THE LOCALI-
 TY  WHERE  THE  INDIAN  POINT NUCLEAR POWER PLANT IS LOCATED PURSUANT TO
 SECTION TWO HUNDRED THIRTY-ONE OF THIS ARTICLE.
   2.  NOTHING  IN  THIS  SECTION SHALL BE DEEMED TO DIMINISH THE RIGHTS,
 PRIVILEGES, OR REMEDIES OF ANY CURRENT  OR  FORMER  EMPLOYEE  UNDER  ANY
 OTHER  LAW OR REGULATION OR UNDER ANY COLLECTIVE BARGAINING AGREEMENT OR
 EMPLOYMENT CONTRACT.
   § 3. Section 70 of the public service law is amended by adding  a  new
 subdivision 8 to read as follows:
   8.  (A)  NO  CONSENT SHALL BE GIVEN BY THE COMMISSION TO THE TRANSFER,
 LEASE, OR SALE OF ANY FRANCHISE, WORKS, SYSTEM, STOCK,  OR  BONDS  OF  A
 NUCLEAR  POWER  PLANT  WITHIN SIXTY MILES OF A CITY WITH A POPULATION OF
 ONE MILLION OR MORE IN ACCORDANCE WITH THIS SECTION UNLESS IT SHALL HAVE
 BEEN SHOWN THAT ANY TRANSFEREE OR PURCHASER CORPORATION, FIRM,  COMPANY,
 PARTNERSHIP, LIMITED LIABILITY COMPANY OR ASSOCIATION SHALL:
   (I)  MAINTAIN  THE  CURRENT  WORKFORCE  THROUGH  THE CONCLUSION OF THE
 TRANSFER, LEASE, OR SALE OF SUCH NUCLEAR POWER PLANT AND SUCH  WORKFORCE
 SHALL BE BOUND BY ANY COLLECTIVE BARGAINING AGREEMENT APPLICABLE TO SUCH
 WORKFORCE  PURSUANT TO THE TERMS OF SUCH AGREEMENT, PROVIDED THAT TO THE
 EXTENT PRACTICABLE SUCH  WORKFORCE  SHALL  ALSO  BE  MAINTAINED  THROUGH
 DECOMMISSIONING, AND ALSO PROVIDED THAT THE WORKFORCE PROVIDING SECURITY
 SERVICES  SHALL  BE  MAINTAINED THROUGH THE DECOMMISSIONING AND CLOSE OF
 SUCH NUCLEAR POWER PLANT AND SHALL BE BOUND BY ANY COLLECTIVE BARGAINING
 AGREEMENT APPLICABLE TO SUCH WORKFORCE PURSUANT TO  THE  TERMS  OF  SUCH
 AGREEMENT;
   (II)  IN HIRING ANY NEW EMPLOYEES, HIRE FROM A POOL OF CURRENT EMPLOY-
 EES TO THE EXTENT PRACTICABLE AND TO THE EXTENT SUCH  EMPLOYEE'S  SKILLS
 MEET THE REQUIREMENTS NEEDED;
   (III)  ENTER  INTO  A  LABOR  PEACE  AGREEMENT, WITH A BONA FIDE LABOR
 ORGANIZATION OR LABOR ORGANIZATIONS THAT ARE ACTIVELY ENGAGED IN REPRES-
 ENTING OR ATTEMPTING TO REPRESENT THE TRANSFEREE OR PURCHASER'S  EMPLOY-
 EES  AND  THE  MAINTENANCE OF SUCH A LABOR PEACE AGREEMENT OR AGREEMENTS
 SHALL BE AN ONGOING MATERIAL CONDITION OF CONSENT; AND
   (IV) COMPLY WITH APPLICABLE LABOR LAWS INCLUDING BUT  NOT  LIMITED  TO
 ARTICLE TWENTY-FIVE-A OF THE LABOR LAW.
   (B)  FOR  THE  PURPOSES  OF  THIS SUBDIVISION, "LABOR PEACE AGREEMENT"
 MEANS AN AGREEMENT BETWEEN AN ENTITY AND A LABOR ORGANIZATION THAT, AT A
 MINIMUM, PROTECTS THE STATE'S PROPRIETARY INTERESTS BY PROHIBITING LABOR
 ORGANIZATIONS AND MEMBERS FROM ENGAGING IN  PICKETING,  WORK  STOPPAGES,
 BOYCOTTS, AND ANY OTHER ECONOMIC INTERFERENCE WITH THE ENTITY.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law; provided, however, that section  three  of  this  act
 shall take effect immediately.