S T A T E O F N E W Y O R K
________________________________________________________________________
9787
I N A S S E M B L Y
February 11, 2020
___________
Introduced by M. of A. NIOU -- read once and referred to the Committee
on Labor
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REPEALED.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
A. 9787 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.