§ 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.

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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 9 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.