Bill Text: NY S02557 | 2021-2022 | General Assembly | Introduced


Bill Title: Expands the definition of electric plant; provides for employees of the Indian Point Nuclear Power Plant to be paid a certain wage in certain situations; repeals certain provisions relating to the Indian Point Nuclear Power Plant.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2021-03-25 - SIGNED CHAP.87 [S02557 Detail]

Download: New_York-2021-S02557-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          2557

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 21, 2021
                                       ___________

        Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN ACT to amend the public service law, in relation to including nuclear
          power reactors as part of  the  definition  of  "electric  plant";  to
          provide  for  employees  of the Indian Point Nuclear Power Plant to be
          paid certain wages in the event such plant  is  sold,  transferred  or
          leased;  and  to  repeal  certain  provisions of the labor law and the
          public service law relating thereto

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Notwithstanding any other provision of law to the contrary,
     2  any  corporation,  firm, company, partnership, limited liability company
     3  or association with a contract to  purchase  the  Indian  Point  Nuclear
     4  Power Plant, or involved in any transfer or lease, as well as any decom-
     5  missioning  activities,  by  the Indian Point Nuclear Power Plant of its
     6  franchise, works or system or any  part  of  such  franchise,  works  or
     7  system  shall  provide  that employees of the Indian Point Nuclear Power
     8  Plant shall be paid a wage of not less than the prevailing wage  in  the
     9  locality  where  the  Indian  Point  Nuclear Power Plant is located. The
    10  provisions of this act shall be enforced in  a  manner  consistent  with
    11  article  8 of the labor law in the case of construction work, or article
    12  9 of the labor law in the case of building service work.
    13    Nothing in this act shall be deemed to  diminish  the  rights,  privi-
    14  leges, or remedies of any current or former employee under any other law
    15  or regulation or under any collective bargaining agreement or employment
    16  contract.
    17    §  2. Any transferee or purchaser corporation, firm, company, partner-
    18  ship, limited liability company, or association engaged in the transfer,
    19  lease or sale of any franchise, works or system of a nuclear power plant
    20  within sixty miles of a city with a population of one  million  or  more
    21  shall  be bound by any collective bargaining agreement applicable to the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08715-01-1

        S. 2557                             2

     1  current workforce as of the effective date of this act pursuant  to  the
     2  terms of such agreement.
     3    § 3. Section 220-i of the labor law, as added by a chapter of the laws
     4  of  2020,  amending the labor law and the public service law relating to
     5  establishing requirements for the transfer, sale, lease and  any  decom-
     6  missioning  activities  of  the  Indian  Point  Nuclear  Power Plant, as
     7  proposed in legislative bills numbers S. 7846 and A. 10338, is REPEALED.
     8    § 4. Section 231-a of the labor law, as added by a chapter of the laws
     9  of 2020, amending the labor law and the public service law  relating  to
    10  establishing  requirements  for the transfer, sale, lease and any decom-
    11  missioning activities of  the  Indian  Point  Nuclear  Power  Plant,  as
    12  proposed in legislative bills numbers S. 7846 and A. 10338, is REPEALED.
    13    §  5.  Subdivision 8 of section 70 of the public service law, as added
    14  by a chapter of the laws of 2020, amending the labor law and the  public
    15  service  law  relating  to  establishing  requirements for the transfer,
    16  sale, lease and any  decommissioning  activities  of  the  Indian  Point
    17  Nuclear  Power  Plant,  as proposed in legislative bills numbers S. 7846
    18  and A. 10338, is REPEALED.
    19    § 6. Subdivision 12 of section 2 of the public service law is  amended
    20  to read as follows:
    21    12. The term "electric plant," when used in this chapter, includes all
    22  real  estate, fixtures and personal property operated, owned, used or to
    23  be used for or in connection with or to facilitate the generation, tran-
    24  smission, distribution, sale or furnishing  of  electricity  for  light,
    25  heat  or  power;  and  any  conduits, ducts or other devices, materials,
    26  apparatus or property for containing,  holding  or  carrying  conductors
    27  used  or  to be used for the transmission of electricity for light, heat
    28  or power, and also includes retired nuclear  power  reactors  and  their
    29  associated  systems, structures, fuel and waste storage facilities, real
    30  estate, fixtures and personal property.
    31    § 7. This act shall take effect on the  same  date  and  in  the  same
    32  manner  as a chapter of the laws of 2020, amending the labor law and the
    33  public service law relating to establishing requirements for the  trans-
    34  fer,  sale, lease and any decommissioning activities of the Indian Point
    35  Nuclear Power Plant, as proposed in legislative bills  numbers  S.  7846
    36  and A. 10338, takes effect, provided, however, that sections two and six
    37  of this act shall take effect immediately.
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