NY State Senate Bill 2019-S5305A

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to energy and telecommunications returned to senate died in assembly
Jun 06, 2019	referred to corporations, authorities and commissions delivered to assembly passed senate
Jun 03, 2019	advanced to third reading
May 30, 2019	2nd report cal.
May 29, 2019	1st report cal.907
May 23, 2019	print number 5305b
May 23, 2019	amend and recommit to energy and telecommunications
May 17, 2019	print number 5305a
May 17, 2019	amend and recommit to energy and telecommunications
Apr 24, 2019	referred to energy and telecommunications

Votes

- Jun 6, 2019 - Floor Vote
  S5305A
  
  45
  
  Aye
  
  16
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 6, 2019
      
      aye (45)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Funke
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Savino
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      nay (16)
      
      Akshar
      
      Amedore
      
      Antonacci
      
      Flanagan
      
      Gallivan
      
      Griffo
      
      Helming
      
      Jacobs
      
      Jordan
      
      LaValle
      
      O'Mara
      
      Ortt
      
      Ranzenhofer
      
      Serino
      
      Seward
      
      Tedisco
      
      excused (1)
      
      Sanders Jr.
  May 29, 2019 - Energy And Telecommunications Committee Vote
  S5305A
  
  6
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Energy And Telecommunications Committee Vote: May 29, 2019
      
      aye (6)
      
      Carlucci
      
      Harckham
      
      Kavanagh
      
      Kennedy
      
      Metzger
      
      Parker
      
      aye wr (3)
      
      O'Mara
      
      Ortt
      
      Ritchie

Bill Amendments

Original

B (Active)

2019-S5305 - Details

Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Amd §70, Pub Serv L

2019-S5305 - Summary

Relates to the transfer or lease of closed electric generators; requires the payment of prevailing wages of affected employees of the Indian Point Nuclear Power Plant; requires the department of labor to oversee sale and the hiring of new employees at such power plant.

2019-S5305 - Sponsor Memo

                                
 
BILL NUMBER: S5305

SPONSOR: HARCKHAM
 
TITLE OF BILL:  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

 
PURPOSE:

This bill protects the interests of employees of the Indian Point Nucle-
ar Power Plant regarding the closing of the Indian Point Nuclear Power
Plant.

 
SUMMARY OF PROVISIONS:

Section 1 amends chapter 226 of the laws of 2009 of the public service
law.

Section 2 allows the commissioner of labor shall ensure that any employ-
ees of Indian Point will shall be granted notice and granted prevailing

wages until Indian Point is closed.

Section 3 provides that any entity with a contract to purchase Indian
Point will maintain the current workforce at Indian Point to the extent
practical for the entity.

Section 4 establishes the effective date.

 
JUSTIFICATION:

Residents and employees affected by the closing of the Indian Point
Nuclear Power Plant are facing the loss of jobs and revenue. Skilled
workers will lose their positions and face uncertainty. This legislation
seeks to lessen the anxiety and uncertainty caused by the imminent
closure of Indian Point. The bill will do this by ensuring that the
employees of Indian Point maintain their positions for as long as is
feasible, with the prevailing wage still in effect.  Corporations,
firms, companies, partnerships, LLCs and associations with contracts to
purchase Indian will be expected to maintain the current workforce to
the extent doing so is practical, and when selecting new hires will be
expected to make an initial selection from qualified employees of the
power plant.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S5305 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5305
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 24, 2019
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations
 
 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.
   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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11295-04-9

 S. 5305                             2
 
 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
 corporation, [or] electric corporation OR CLOSED ELECTRIC GENERATOR,  or
 shall be recognized as effective for any purpose.

 S. 5305                             3
 
   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.

2019-S5305A - Details

Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Amd §70, Pub Serv L

2019-S5305A - Summary

2019-S5305A - Sponsor Memo

                                
 
BILL NUMBER: S5305A

SPONSOR: HARCKHAM
 
TITLE OF BILL:  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

 
PURPOSE:

This bill protects the interests of employees of the Indian Point Nucle-
ar Power Plant regarding the closing of the Indian Point Nuclear Power
Plant.

 
SUMMARY OF PROVISIONS:

Section 1 amends chapter 226 of the laws of 2009 of the public service
law.

Section 2 allows the commissioner of labor shall ensure that any employ-
ees of Indian Point will shall be granted notice and granted prevailing

wages until Indian Point is closed.

Section 3 provides that any entity with a contract to purchase Indian
Point will maintain the current workforce at Indian Point to the extent
practical for the entity.

Section 4 establishes the effective date.

 
JUSTIFICATION:

Residents and employees affected by the closing of the Indian Point
Nuclear Power Plant are facing the loss of jobs and revenue. Skilled
workers will lose their positions and face uncertainty. This legislation
seeks to lessen the anxiety and uncertainty caused by the imminent
closure of Indian Point. The bill will do this by ensuring that the
employees of Indian Point maintain their positions for as long as is
feasible, with the prevailing wage still in effect.  Corporations,
firms, companies, partnerships, LLCs and association s with contracts to
purchase Indian will be expected to maintain the current workforce to
the extent doing so is practical, and when selecting new hires will be
expected to make an initial selection from qualified employees of the
power plant.

 
LEGISLATIVE HISTORY;US ON;:

THIS IS A NEW BILL.

 
FISCAL IMPLICATIONS:

NONE TO THE STATE.

 
EFFECTIVE DATE:
THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

2019-S5305A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5305--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 24, 2019
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations  --  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.
                                                            LBD11295-06-9

 S. 5305--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

 S. 5305--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.
   9.  ANY  CORPORATION,  FIRM,  COMPANY,  PARTNERSHIP, LIMITED LIABILITY
 COMPANY OR ASSOCIATION, HEREINAFTER  "PURCHASER",  WITH  A  CONTRACT  TO
 PURCHASE THE INDIAN POINT NUCLEAR POWER PLANT SHALL ENTER INTO A PROJECT
 LABOR AGREEMENT, HEREINAFTER "PLA", BETWEEN THE PURCHASER AND THE BUILD-
 ING  AND CONSTRUCTION TRADES COUNCIL OF WESTCHESTER AND PUTNAM COUNTIES,
 NEW YORK, ASSURING THAT ALL WORK SHALL BE DONE IN A SAFE, EFFICIENT  AND
 TIMELY MANNER WITH ALL THE COST SAVINGS ASSOCIATED WITH THE PLA.
   §  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, located at 450 Broadway, Buchanan, New York,
 10511, and any successor or successors in interest to 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.

co-Sponsors

2019-S5305B (ACTIVE) - Details

Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Amd §70, Pub Serv L

2019-S5305B (ACTIVE) - Summary

2019-S5305B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5305B

SPONSOR: HARCKHAM
 
TITLE OF BILL:  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

 
PURPOSE:

This bill protects the interests of employees of the Indian Point Nucle-
ar Power Plant regarding the closing of the Indian Point Nuclear Power
Plant.

 
SUMMARY OF PROVISIONS:

Section 1 amends chapter 226 of the laws of 2009 of the public service
law.

Section 2 allows the commissioner of labor shall ensure that any employ-
ees of Indian Point will shall be granted notice and granted prevailing

wages until Indian Point is closed.

Section 3 provides that any entity with a contract to purchase Indian
Point will maintain the current workforce at Indian Point to the extent
practical for the entity.

Section 4 establishes the effective date.

 
JUSTIFICATION:

Residents and employees affected by the closing of the Indian Point
Nuclear Power Plant are facing the loss of jobs and revenue. Skilled
workers will lose their positions and face uncertainty. This legislation
seeks to lessen the anxiety and uncertainty caused by the imminent
closure of Indian Point. The bill will do this by ensuring that the
employees of Indian Point maintain their positions for as long as is
feasible, with the prevailing wage still in effect.  Corporations,
firms, companies, partnerships, LLCs and associations with contracts to
purchase Indian will be expected to maintain the current workforce to
the extent doing so is practical, and when selecting new hires will be
expected to make an initial selection from qualified employees of the
power plant.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S5305B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5305--B
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 24, 2019
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations  --  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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11295-07-9

 S. 5305--B                          2
 
 such  ninety days after such notification and submission that the public
 interest requires its review and written consent.
   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

 S. 5305--B                          3
 
 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
 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.
   9. ANY CONSTRUCTION WORK TO BE PERFORMED DURING THE CLOSURE AND DECOM-
 MISSIONING  PERIOD SHALL BE PERFORMED PURSUANT TO A PROJECT LABOR AGREE-
 MENT, AS DEFINED IN SECTION TWO HUNDRED TWENTY-TWO  OF  THE  LABOR  LAW,
 ENTERED   INTO  BETWEEN  A  PURCHASER  AND  A  BONA  FIDE  BUILDING  AND
 CONSTRUCTION TRADES LABOR  ORGANIZATION  HAVING  JURISDICTION  OVER  THE
 SCOPE  OF  WORK TO BE PERFORMED; ANY OTHER WORK WHICH SHALL BE PERFORMED
 CONCERNING THE CLOSURE AND DECOMMISSIONING  PERIOD  SHALL  BE  PERFORMED
 PURSUANT TO A LABOR PEACE AGREEMENT ENTERED INTO BETWEEN A PURCHASER AND
 THE  LOCAL LABOR ORGANIZATION HAVING JURISDICTION OVER THE SCOPE OF WORK
 TO BE PERFORMED. FOR PURPOSES OF THIS SUBDIVISION, THE TERM  "PURCHASER"
 SHALL MEAN ANY CORPORATION, FIRM, COMPANY, LIMITED LIABILITY COMPANY, OR
 ASSOCIATION.
   §  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, located at 450 Broadway, Buchanan, New York,
 10511, and any successor or successors in interest to 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.

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Senate Bill S5305A

Sponsored By

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

Jun 6, 2019 - Floor Vote

Floor Vote: Jun 6, 2019

May 29, 2019 - Energy And Telecommunications Committee Vote

Energy And Telecommunications Committee Vote: May 29, 2019

Bill Amendments

2019-S5305 - Details

2019-S5305 - Summary

2019-S5305 - Sponsor Memo

2019-S5305 - Bill Text download pdf

2019-S5305A - Details

2019-S5305A - Summary

2019-S5305A - Sponsor Memo

2019-S5305A - Bill Text download pdf

co-Sponsors

2019-S5305B (ACTIVE) - Details

2019-S5305B (ACTIVE) - Summary

2019-S5305B (ACTIVE) - Sponsor Memo

2019-S5305B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5305A

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Sponsored By

Pete Harckham

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

Bill Amendments

2019-S5305 - Details

2019-S5305 - Summary

2019-S5305 - Sponsor Memo

2019-S5305 - Bill Text download pdf

2019-S5305A - Details

2019-S5305A - Summary

2019-S5305A - Sponsor Memo

2019-S5305A - Bill Text download pdf

co-Sponsors

Jen Metzger

2019-S5305B (ACTIVE) - Details

2019-S5305B (ACTIVE) - Summary

2019-S5305B (ACTIVE) - Sponsor Memo

2019-S5305B (ACTIVE) - Bill Text download pdf

Comments