§ 42-a. Payment of wages to workers; certain cases. 1. The legislature
hereby finds that the protection of critical infrastructure is furthered
by the enhanced training, experience and expertise of workers in all
positions at such facilities. Given that the state of New York, due to
its representation as a beacon of liberty, diversity and equality, and
its history of being the target of terrorist attacks, will always be a
target for those who wish to do this country and this state harm, New
York has a fundamental obligation to harden its infrastructure against
any such threats or activity. In hardening the infrastructure there is
no greater asset than the human capital that serve at the front lines of
the effort to thwart terrorist attacks. The electric and steam
generating facilities in the state, when active, provide a target that
requires the hardening not only of the physical infrastructure but the
human infrastructure as well. Turnover in such positions, for the
service workers who provide cleaning, security and maintenance services
at such active generating facilities will decrease if the workers are
paid increased wages. The reduction of turnover will allow for the more
developed and trained workforce to continue to provide the measure of
safety and security the state requires. Given that important state
interest, it is therefore found and declared that the workers at such
facilities shall be trained to ensure their ability to meet the security
needs of the facilities that they work upon. It is further found and
declared that the reduction of turnover may be accomplished by the
payment of rates of pay in line with those prevailing in such trade or
occupation, as otherwise defined.

2. The wages paid, and benefits provided, to building service
employees who are employed at a work location that is an active major
electric or steam generating facility, or at a transmission or
distribution facility considered critical infrastructure as determined
by the division of homeland security and emergency services in
consultation with the department, shall be subject to article nine of
the labor law. For purposes of this section "major electric generating
facility" means an electric generating facility with a nameplate
generating capacity of twenty-five thousand kilowatts or more, including
interconnection electric transmission lines and fuel gas transmission
lines, and "major steam generating facility" means a steam generating
facility with a generating capacity to be determined by the department.