§ 42-A — Payment of wages to workers; certain cases

§ 42-a. Payment of wages to workers; certain cases. 1. The legislature\nhereby finds that the protection of critical infrastructure is furthered\nby the enhanced training, experience and expertise of workers in all\npositions at such facilities. Given that the state of New York, due to\nits representation as a beacon of liberty, diversity and equality, and\nits history of being the target of terrorist attacks, will always be a\ntarget for those who wish to do this country and this state harm, New\nYork has a fundamental obligation to harden its infrastructure against\nany such threats or activity. In hardening the infrastructure there is\nno greater asset than the human capital that serve at the front lines of\nthe effort to thwart terrorist attacks. The electric and steam\ngenerating facilities in the state, when active, provide a target that\nrequires the hardening not only of the physical infrastructure but the\nhuman infrastructure as well. Turnover in such positions, for the\nservice workers who provide cleaning, security and maintenance services\nat such active generating facilities will decrease if the workers are\npaid increased wages. The reduction of turnover will allow for the more\ndeveloped and trained workforce to continue to provide the measure of\nsafety and security the state requires. Given that important state\ninterest, it is therefore found and declared that the workers at such\nfacilities shall be trained to ensure their ability to meet the security\nneeds of the facilities that they work upon. It is further found and\ndeclared that the reduction of turnover may be accomplished by the\npayment of rates of pay in line with those prevailing in such trade or\noccupation, as otherwise defined.\n 2. The wages paid, and benefits provided, to building service\nemployees who are employed at a work location that is an active major\nelectric or steam generating facility, or at a transmission or\ndistribution facility considered critical infrastructure as determined\nby the division of homeland security and emergency services in\nconsultation with the department, shall be subject to article nine of\nthe labor law. For purposes of this section "major electric generating\nfacility" means an electric generating facility with a nameplate\ngenerating capacity of twenty-five thousand kilowatts or more, including\ninterconnection electric transmission lines and fuel gas transmission\nlines, and "major steam generating facility" means a steam generating\nfacility with a generating capacity to be determined by the department.\n