NY State Senate Bill 2021-S2557

Senate Bill S2557

Signed By Governor

2021-2022 Legislative Session

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; repealer

download bill text pdf

Archive: Last Bill Status - Signed by Governor

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
Mar 25, 2021	signed chap.87
Mar 12, 2021	delivered to governor
Mar 10, 2021	returned to senate passed assembly
Mar 08, 2021	ordered to third reading cal.125 substituted for a2684
Feb 09, 2021	referred to labor delivered to assembly passed senate
Jan 25, 2021	ordered to third reading cal.141
Jan 21, 2021	referred to rules

Votes

- Feb 9, 2021 - Floor Vote
  S2557
  
  59
  
  Aye
  
  4
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Feb 9, 2021
      
      aye (59)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      Oberacker
      
      Ortt
      
      Parker
      
      Persaud
      
      Ramos
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
      
      nay (4)
      
      O'Mara
      
      Palumbo
      
      Rath III
      
      Stec
  Jan 25, 2021 - Rules Committee Vote
  S2557
  
  20
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jan 25, 2021
      
      aye (20)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Comrie
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      O'Mara
      
      Parker
      
      Ritchie
      
      Savino
      
      Stewart-Cousins
      
      aye wr (1)
      
      Ortt

2021-S2557 (ACTIVE) - Details

See Assembly Version of this Bill:: A2684
Law Section:: Public Service Law
Laws Affected:: Rpld §§220-i & 231-a, Lab L; rpld §70 sub 8, amd §2, Pub Serv L (as proposed in S.7846 & A.10338)

2021-S2557 (ACTIVE) - Summary

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.

2021-S2557 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2557

SPONSOR: HARCKHAM
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of the bill is to amend Chapter 384 of the Laws of 2020.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill is an unconsolidated provision of law providing
that any corporation, firm, company, partnership, limited liability
company or association with a contract to purchase the Indian Point

Nuclear Power Plant, or involved in any transfer or lease, as well as
any decommissioning activities, shall pay employees of the Indian Point
Nuclear Power Plant no less than the prevailing wage in the locality
where the Indian Point Nuclear Power Plant is located. Such provision
shall be enforced in a manner consistent with Article 8 and Article 9 of
the Labor Law.

Section 2 of the bill is an unconsolidated provision of law providing
that any transferee or purchaser corporation, firm, company, partner-
ship, limited liability company, or association engaged in the transfer,
lease or sale of any franchise, works or system of a nuclear power plant
within sixty miles of a city with a population of one million or more
shall be bound by any collective bargaining agreement applicable to the
current workforce as of the effective date of this act pursuant to the
terms of such agreement.

Section 3 of the bill repeals Section 220-I of the Labor Law, as added
by Chapter 384 of the Laws of 2020.

Section 4 of the bill repeals Section 231-a of the Labor Law, as added
by Chapter 384 of the Laws of 2020.

Section 5 of the bill repeals section 70 of the Public Service Law, as
added by Chapter 384 of the Laws of 2020.

Section 6 of the bill amends the Public Service Law by amending the
definition of the term "electric plant."

Section 7 of the bill is the effective date.

 
JUSTIFICATION:

Chapter 384 of the Laws of 2020 was enacted in order to protect the
workforce of the Indian Point Power Plant and the safety and security of
Indian Point through its closure and decommissioning. This bill amends
this chapter while maintaining its original intent.

 
PRIOR LEGISLATIVE HISTORY:
New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Not yet determined.

 
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as a
chapter of the laws of 2020, amending the labor law and the public
service law relating to the establishing requirements for the transfer,
sale, lease and any decommissioning activities of the Indian Point
Nuclear Power Plant, as proposed in legislative bills numbers 5.7846 and
A.10338, takes effect, provided, however, that sections two and six of
this act shall take effect immediately.

2021-S2557 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2557
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             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:
 
   Section 1. Notwithstanding any other provision of law to the contrary,
 any  corporation,  firm, company, partnership, limited liability company
 or association with a contract to  purchase  the  Indian  Point  Nuclear
 Power Plant, or involved in any transfer or lease, as well as any decom-
 missioning  activities,  by  the Indian Point Nuclear Power Plant of its
 franchise, works or system or any  part  of  such  franchise,  works  or
 system  shall  provide  that employees of the Indian Point Nuclear Power
 Plant shall be paid a wage of not less than the prevailing wage  in  the
 locality  where  the  Indian  Point  Nuclear Power Plant is located. The
 provisions of this act shall be enforced in  a  manner  consistent  with
 article  8 of the labor law in the case of construction work, or article
 9 of the labor law in the case of building service work.
   Nothing in this act shall be deemed to  diminish  the  rights,  privi-
 leges, or remedies of any current or former employee under any other law
 or regulation or under any collective bargaining agreement or employment
 contract.
   §  2. Any transferee or purchaser corporation, firm, company, partner-
 ship, limited liability company, or association engaged in the transfer,
 lease or sale of any franchise, works or system of a nuclear power plant
 within sixty miles of a city with a population of one  million  or  more
 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
 
 current workforce as of the effective date of this act pursuant  to  the
 terms of such agreement.
   § 3. Section 220-i of the labor law, as added by a chapter of the laws
 of  2020,  amending the labor law and the public service law relating to
 establishing requirements for the transfer, sale, lease and  any  decom-
 missioning  activities  of  the  Indian  Point  Nuclear  Power Plant, as
 proposed in legislative bills numbers S. 7846 and A. 10338, is REPEALED.
   § 4. Section 231-a of the labor law, as added by a chapter of the laws
 of 2020, amending the labor law and the public service law  relating  to
 establishing  requirements  for the transfer, sale, lease and any decom-
 missioning activities of  the  Indian  Point  Nuclear  Power  Plant,  as
 proposed in legislative bills numbers S. 7846 and A. 10338, is REPEALED.
   §  5.  Subdivision 8 of section 70 of the public service law, as added
 by a chapter of the laws of 2020, amending the labor law and the  public
 service  law  relating  to  establishing  requirements for the transfer,
 sale, lease and any  decommissioning  activities  of  the  Indian  Point
 Nuclear  Power  Plant,  as proposed in legislative bills numbers S. 7846
 and A. 10338, is REPEALED.
   § 6. Subdivision 12 of section 2 of the public service law is  amended
 to read as follows:
   12. The term "electric plant," when used in this chapter, includes all
 real  estate, fixtures and personal property operated, owned, used or to
 be used for or in connection with or to facilitate the generation, tran-
 smission, distribution, sale or furnishing  of  electricity  for  light,
 heat  or  power;  and  any  conduits, ducts or other devices, materials,
 apparatus or property for containing,  holding  or  carrying  conductors
 used  or  to be used for the transmission of electricity for light, heat
 or power, AND ALSO INCLUDES RETIRED NUCLEAR  POWER  REACTORS  AND  THEIR
 ASSOCIATED  SYSTEMS, STRUCTURES, FUEL AND WASTE STORAGE FACILITIES, REAL
 ESTATE, FIXTURES AND PERSONAL PROPERTY.
   § 7. This act shall take effect on the  same  date  and  in  the  same
 manner  as a chapter of the laws of 2020, amending the labor law and the
 public service law relating to establishing requirements for the  trans-
 fer,  sale, lease and any decommissioning activities of the Indian Point
 Nuclear Power Plant, as proposed in legislative bills  numbers  S.  7846
 and A. 10338, takes effect, provided, however, that sections two and six
 of this act shall take effect immediately.

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