S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7569--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 9, 2019
                                ___________
 
 Introduced  by M. of A. GALEF -- read once and referred to the Committee
   on Corporations, Authorities and Commissions -- committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee
 
 AN ACT to amend the public service law, in relation to the  transfer  or
   lease  of  closed  electric  generators; and in relation to payment of
   prevailing wages of affected employees 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. Section 70 of the public service law, as amended by chapter
 226 of the laws of 2009, is amended to read as follows:
   § 70. Transfer of franchises or stocks. 1. No  gas  corporation  [or],
 electric  corporation  OR  CLOSED  ELECTRIC  GENERATOR shall transfer or
 lease its franchise, works or system or  any  part  of  such  franchise,
 works  or  system to any other person or corporation or contract for the
 operation of its works and system, without the written  consent  of  the
 commission. Notwithstanding the foregoing, any transfer or lease with an
 original  cost of (a) less than one hundred thousand dollars proposed by
 a gas [or] CORPORATION, electric corporation OR CLOSED ELECTRIC  GENERA-
 TOR  having  annual  gross  revenues  in  excess  of two hundred million
 dollars or (b) less than twenty-five thousand dollars proposed by a  gas
 [or]  CORPORATION,  electric  corporation  OR  CLOSED ELECTRIC GENERATOR
 having annual gross revenues of less than two  hundred  million  dollars
 shall be effective without the commission's written consent within nine-
 ty  days after such corporation notifies the commission that it plans to
 complete the transfer or lease and submits a description of the transfer
 or lease; provided, however, that the commission  may  determine  within
 such  ninety days after such notification and submission that the public
 interest requires its review and written consent.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11295-05-9
              

 A. 7569--A                          2
 
   2. The permission and approval of the commission, to the exercise of a
 franchise under section sixty-eight of this article, or to  the  assign-
 ment,  transfer  or lease of a franchise under this section shall not be
 construed to revive or validate any lapsed or invalid  franchise  or  to
 enlarge  or  add  to the powers and privileges contained in the grant of
 any franchise or to waive any forfeiture.
   3. No gas corporation [or], electric corporation  OR  CLOSED  ELECTRIC
 GENERATOR shall directly or indirectly acquire the stock or bonds of any
 other corporation incorporated for, or engaged in, the same or a similar
 business,  in  this state or any other state, or proposing to operate or
 operating under a franchise from the same  or  any  other  municipality,
 neither shall any street railroad corporation acquire the stock or bonds
 of  any  electric corporation, unless authorized so to do by the commis-
 sion.
   4. Save where stock shall be transferred or held for  the  purpose  of
 collateral security only with the consent of the commission empowered by
 this  chapter  to  give  such  consent,  no  stock  corporation  of  any
 description, domestic or foreign, company, including,  but  not  limited
 to,  a  limited  liability company, association, including a joint stock
 association, partnership, including a limited liability partnership,  or
 person,  other than a gas corporation [or], electric corporation, CLOSED
 ELECTRIC GENERATOR or street railroad  corporation,  shall  purchase  or
 acquire,  take  or  hold, more than ten per centum of the voting capital
 stock issued by any gas corporation [or], electric corporation OR CLOSED
 ELECTRIC GENERATOR organized or existing under or by virtue of the  laws
 of this state, except that a corporation now lawfully holding a majority
 of the voting capital stock of any gas corporation [or], electric corpo-
 ration  OR CLOSED ELECTRIC GENERATOR may with the consent of the commis-
 sion acquire and hold the remainder of the voting capital stock of  such
 gas  corporation [or], electric corporation OR CLOSED ELECTRIC GENERATOR
 or any portion thereof. Provided, that with the consent of such  commis-
 sion  and  upon and subject to such terms and conditions as such commis-
 sion may fix and impose, any such stock  corporation,  company,  associ-
 ation,  partnership  or  person may acquire, take and hold more than ten
 per centum of the voting capital stock  of  any  gas  corporation  [or],
 electric corporation OR CLOSED ELECTRIC GENERATOR, organized or existing
 under or by virtue of the laws of this state.
   5.  No  consent shall be given by the commission to the acquisition of
 any stock in accordance with this section  unless  it  shall  have  been
 shown  that  such  acquisition is in the public interest. Nothing herein
 contained shall be construed to prevent the holding of any stock hereto-
 fore lawfully acquired, nor to prevent, upon the surrender  or  exchange
 of  such stock pursuant to a reorganization plan, the purchase, acquisi-
 tion, taking or holding of a proportionate amount of stock  of  any  new
 corporation  organized  to  take over, at foreclosure or other sale, the
 property of any corporation whose stock has  been  thus  surrendered  or
 exchanged;  but  the  proportion  of the voting capital stock of the new
 corporation held by a stock corporation, company, association,  partner-
 ship  or  person and acquired by it by any such surrender or exchange of
 stock shall not without the consent of the commission exceed the propor-
 tion of the voting capital stock held by it in the former corporation.
   6. Every contract, assignment, transfer or agreement for  transfer  of
 any  stock  by  or through any person or corporation to any corporation,
 company,  association,  partnership  or  person  in  violation  of   any
 provision  of  this  chapter shall be void and of no effect, and no such
 transfer or assignment shall be made upon the  books  of  any  such  gas

 A. 7569--A                          3
 
 corporation,  [or] electric corporation OR CLOSED ELECTRIC GENERATOR, or
 shall be recognized as effective for any purpose.
   7.  No  consent,  permission or approval otherwise required under this
 section shall be necessary for the sale of the franchise, works, system,
 stocks or bonds by a  gas  [or]  CORPORATION,  electric  corporation  OR
 CLOSED ELECTRIC GENERATOR to a duly constituted authority of the state.
   8.  ANY  TRANSFER OR LEASE, AS WELL AS ANY DECOMMISSIONING ACTIVITIES,
 BY A CLOSED ELECTRIC GENERATOR OF ITS FRANCHISE, WORKS OR SYSTEM OR  ANY
 PART OF SUCH FRANCHISE, WORKS OR SYSTEM TO ANY CORPORATION, FIRM, COMPA-
 NY, PARTNERSHIP, LIMITED LIABILITY COMPANY, ASSOCIATION OR PERSON SHALL,
 TO THE MAXIMUM EXTENT PRACTICABLE, PROVIDE THAT EMPLOYEES OF SUCH CLOSED
 ELECTRIC  GENERATOR  WITH  SKILL  SETS  NECESSARY FOR THE OPERATION OF A
 SUCCESSOR CORPORATION, FIRM,  COMPANY,  PARTNERSHIP,  LIMITED  LIABILITY
 COMPANY,  ASSOCIATION  OR  PERSON  BE  RETAINED FOR EMPLOYMENT WITH SUCH
 SUCCESSOR AND SHALL BE PAID A WAGE OF NOT LESS THAN THE PREVAILING  WAGE
 IN THE LOCALITY WHERE SUCH CLOSED ELECTRIC GENERATOR IS LOCATED.
   §  2.  Notwithstanding any other provision of law to the contrary, the
 commissioner of labor shall ensure that  any  employees  of  the  Indian
 Point  Nuclear  Power  Plant  shall  be  granted  notice to any affected
 employees pursuant to section 860-b of the labor law and such  employees
 shall  be  granted prevailing wages pursuant to section 220 of the labor
 law. Such affected employees shall be paid a premium  wage  commensurate
 with  the  premium  wages  prevailing  in  the area in which the work is
 performed until such time as the Indian Point  Nuclear  Power  Plant  is
 closed.
   §  3.  Notwithstanding any other provision of law to the contrary, any
 corporation, firm, company, partnership, limited  liability  company  or
 association,  hereinafter  known  as  "purchaser"  with  a  contract  to
 purchase the Indian Point Nuclear Power Plant, to the  extent  practica-
 ble,  shall maintain the current workforce through the conclusion of the
 purchase of such power  plant.    In  hiring  any  new  employees,  such
 purchaser  shall  hire  from  a  pool of current employees at the Indian
 Point Nuclear Power Plant unless such purchaser proves to the department
 of labor that such employees' skills do not meet the requirements needed
 for the open positions.  The  department  of  labor  shall  oversee  the
 purchase,  sale  and  employment  practices  of the Indian Point Nuclear
 Power Plant.
   § 4. This act shall take effect immediately.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7569--B
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 9, 2019
                                ___________
 
 Introduced  by M. of A. GALEF, BRABENEC -- read once and referred to the
   Committee on Corporations, Authorities and  Commissions  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  --  committee  discharged,  bill amended, ordered
   reprinted as amended and recommitted to said committee

 AN ACT requiring the payment of prevailing wages to  affected  employees
   of  the  Indian  Point  Nuclear  Power Plant and for the department of
   labor to oversee the hiring of new employees at such power plant
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  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 to any
 corporation, firm,  company,  partnership,  limited  liability  company,
 association  or person shall, to the maximum extent practicable, provide
 that employees of the Indian Point Nuclear Power Plant with  skill  sets
 necessary  for  the operation of a successor corporation, firm, company,
 partnership,  limited  liability  company,  association  or  person   be
 retained  for employment with such successor and shall be paid a wage of
 not less than the prevailing wage in the locality where the Indian Point
 Nuclear Power Plant is located.
   § 2. Notwithstanding any other provision of law to the  contrary,  the
 commissioner  of  labor  shall  ensure  that any employees of the Indian
 Point Nuclear Power Plant  shall  be  granted  notice  to  any  affected
 employees  pursuant to section 860-b of the labor law and such employees
 shall be granted prevailing wages pursuant to section 220 of  the  labor
 law.  Such  affected employees shall be paid a premium wage commensurate
 with the premium wages prevailing in the  area  in  which  the  work  is
 performed  until  such  time  as the Indian Point Nuclear Power Plant is
 closed.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11295-08-9
              

 A. 7569--B                          2
 
   § 3. Notwithstanding any other provision of law to the  contrary,  any
 corporation,  firm,  company,  partnership, limited liability company or
 association,  hereinafter  known  as  "purchaser"  with  a  contract  to
 purchase  the  Indian Point Nuclear Power Plant, to the extent practica-
 ble,  shall maintain the current workforce through the conclusion of the
 purchase of such power  plant.    In  hiring  any  new  employees,  such
 purchaser  shall  hire  from  a  pool of current employees at the Indian
 Point Nuclear Power Plant unless such purchaser proves to the department
 of labor that such employees' skills do not meet the requirements needed
 for the open positions.  The  department  of  labor  shall  oversee  the
 employment practices of the Indian Point Nuclear Power Plant.
   § 4. This act shall take effect immediately.