NY State Senate Bill S5305B

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

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

Your Voice

Please enter your contact information

First Name *

Last Name *

Email Address *

A valid email address is required.

Home address search or enter your address manually *

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Leave this field blank

Actions

view actions (14)

	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

view votes

Jun 6, 2019 - floor Vote

S5305B

floor

Aye

Nay

Absent

Excused

Abstained

May 29, 2019 - Energy and Telecommunications committee Vote

S5305B

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show Energy and Telecommunications committee vote details

Energy and Telecommunications Committee Vote: May 29, 2019

aye (6)

aye wr (3)

Bill Amendments

Original

B (Active)

Original

B (Active)

S5305 - Details

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

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.

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.

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.

S5305A - Details

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

S5305A - Summary

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.

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

S5305B (ACTIVE) - Details

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

S5305B (ACTIVE) - Summary

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.

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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

The New York State Senate

senate Bill S5305B

Sponsored By

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

Your Voice

Actions

Votes

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

S5305 - Details

S5305 - Summary

S5305 - Sponsor Memo

S5305 - Bill Text download pdf

S5305A - Details

S5305A - Summary

S5305A - Sponsor Memo

S5305A - Bill Text download pdf

Co-Sponsors

S5305B (ACTIVE) - Details

S5305B (ACTIVE) - Summary

S5305B (ACTIVE) - Sponsor Memo

S5305B (ACTIVE) - Bill Text download pdf

Comments

senate Bill S5305B

Share this bill

Sponsored By

Pete Harckham

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

Your Voice

Actions

Votes

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

S5305 - Details

S5305 - Summary

S5305 - Sponsor Memo

S5305 - Bill Text download pdf

S5305A - Details

S5305A - Summary

S5305A - Sponsor Memo

S5305A - Bill Text download pdf

Co-Sponsors

Jen Metzger

S5305B (ACTIVE) - Details

S5305B (ACTIVE) - Summary

S5305B (ACTIVE) - Sponsor Memo

S5305B (ACTIVE) - Bill Text download pdf

Comments