N.Y. Public Service Law § 42-a: Payment of wages to workers; certain cases

§ 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.