S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3687

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2009
                               ___________

Introduced by M. of A. BRADLEY, SPANO, LUPARDO -- read once and referred
  to the Committee on Higher Education

AN  ACT  to authorize the lease of lands located at the state university
  of New York at Purchase

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative  findings.  The  legislature  finds  that the
provision of a senior learning community upon the grounds of  the  state
university  of New York at Purchase is appropriate to further the objec-
tives and purposes of the state university of New York.  The legislature
further finds that granting the trustees of the state university of  New
York  the  authority  and  power to lease and otherwise contract to make
available grounds and facilities of the campus of the  state  university
of  New  York  at  Purchase  will ensure the availability of such senior
learning community, and also promote the effective use of  such  grounds
and facilities.
  S  2.  The  trustees  of  the  state university of New York are hereby
authorized to lease without any public bidding a portion of the lands of
the state university of New York at Purchase generally described in this
act to the Purchase college advancement  corporation,  a  not-for-profit
corporation,  upon such terms and conditions as the trustees deem advis-
able, for an initial term not to exceed thirty-five years  or  for  such
time  as  may  be necessary to complete repayment of any debt related to
the projects described in this act, whichever is shorter.  In the  event
that  the  real  property which is the subject of such lease or contract
shall cease to be used for the purposes  described  in  this  act,  said
lease shall immediately terminate and the real property and any improve-
ments  thereon  shall  revert  to  the state university of New York. Any
contract or lease entered into pursuant to this act shall  provide  that
the real property which is the subject of such lease or contract and any
improvements  thereon  shall  revert to the state university of New York

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03526-02-9
              

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upon the expiration of such lease. The description of the parcels to  be
leased  pursuant to such section are not meant to be legal descriptions,
but are intended only to identify the parcels  and  improvements  to  be
leased  for purposes consistent with the mission of the state university
of New York at Purchase.
  S 3. For the purposes of this act: (a) "project" shall  mean  work  at
the property authorized by this act to be leased to the Purchase college
advancement  corporation  as  described  in section fourteen of this act
that involves  the  design,  construction,  reconstruction,  demolition,
excavating,  rehabilitation,  repair, renovation, alteration or improve-
ment of a senior learning community.
  (b)  "project  labor  agreement"  shall  mean  a  pre-hire  collective
bargaining  agreement  between  a  contractor  and a labor organization,
establishing the labor organization as the collective bargaining  repre-
sentative  for  all  persons  who  will perform work on the project, and
which provides that only contractors and subcontractors who sign a  pre-
negotiated  agreement  with  the  labor organization can perform project
work.
  S 4.  Notwithstanding the provisions of any general, special, or local
law or judicial decision to the contrary:
  (a)  The  Purchase  college  advancement  corporation  may  require  a
contractor awarded a contract, subcontract, lease, grant, bond, covenant
or other agreement for a project to enter into a project labor agreement
during and for the work involved with such project when such requirement
is  part  of  the Purchase college advancement corporation's request for
proposals for the project and  when  the  Purchase  college  advancement
corporation  determines that the record supporting the decision to enter
into such an agreement establishes that  the  interests  underlying  the
competitive  bidding  laws  are  best  met  by requiring a project labor
agreement including:  obtaining the best work  at  the  lowest  possible
price; preventing favoritism, fraud and corruption; the impact of delay;
the possibility of cost savings; and any local history of labor unrest.
  (b) If the Purchase college advancement corporation does not require a
project  labor  agreement,  then  any  contractor, subcontractor, lease,
grant, bond, covenant or other agreements for a project shall be awarded
pursuant to section 135 of the state finance law.
  (c) Any contract to which the Purchase college advancement corporation
is a party, and any contract entered into by a  third  party  acting  in
place  of,  on  behalf  of  and  for the benefit of the Purchase college
advancement corporation pursuant to any lease, permit or other agreement
between such third party and the  Purchase  college  advancement  corpo-
ration,  for a project deemed a public works project for the purposes of
article 8 of the  labor  law,  and  shall  be  subject  to  all  of  the
provisions  of  article 8 of the labor law, including the enforcement of
prevailing wage requirements by the fiscal officer as defined  in  para-
graph  e  of  subdivision  5 of section 220 of the labor law to the same
extent as a contract of the state.
  (d) Every contract entered into by the  Purchase  college  advancement
corporation  for a project shall contain a provision that the contractor
shall furnish a labor and material bond guaranteeing prompt  payment  of
moneys that are due to all persons furnishing labor and materials pursu-
ant to the requirements of any contracts for a project undertaken pursu-
ant  to this section and a performance bond for the faithful performance
of the project, which shall conform to the provisions of  section  103-f
of  the  general  municipal law, and that a copy of such performance and

A. 3687                             3

payment bonds shall be kept by the Purchase college  advancement  corpo-
ration and shall be open to public inspection.
  (e)  For  the purposes of article 15-A of the executive law, any indi-
vidual, public corporation or authority,  private  corporation,  limited
liability  company  or  partnership  or  other  entity  entering  into a
contract, subcontract, lease, grant, bond, covenant or  other  agreement
for  a  project  authorized  pursuant  to this section shall be deemed a
state agency as that term is defined in such article and such  contracts
shall  be  deemed state contracts within the meaning of that term as set
forth in such article.
  (f) Whenever the Purchase college advancement corporation enters  into
a contract, subcontract, lease, grant, bond, covenant or other agreement
for  a  project  undertaken  pursuant  to this act, the Purchase college
advancement corporation shall consider the financial and  organizational
capacity  of contractors and subcontractors in relation to the magnitude
of work they may perform, the record of performance of  contractors  and
subcontractors  on  previous work, the record of contractors and subcon-
tractors in complying with  existing  labor  standards  and  maintaining
harmonious  labor  relations,  and the commitment of contractors to work
with minority and women owned business enterprises pursuant  to  article
15-A  of  the  executive  law  through  joint  ventures or subcontractor
relationships.
  S 5. The Purchase college advancement corporation shall  require  that
whenever  work  is  performed  under  this  section, the contractors and
subcontractors shall have apprenticeship programs  appropriate  for  the
type  and  scope of work to be performed, that have been registered with
and approved by the commissioner of labor pursuant to article 23 of  the
labor law. Additionally, it must be demonstrated that the apprenticeship
program  has  made  significant  efforts  to attract and retain minority
apprentices, as determined by affirmative action goals  established  for
such programs by the department of labor.
  S 6. Whenever the Purchase college advancement corporation enters into
a  contract  under  which  employees  are  employed  to perform building
service work, as that term is defined in section 230 of the  labor  law,
such  work  shall  be  subject to article 9 of the labor law to the same
extent as building services work performed pursuant to a contract with a
public agency.
  S 7. Whenever employees perform work at the senior learning  community
other  than work performed under sections four and six of this act, such
employees shall be paid by their employer no less than the median hourly
wage for "all occupations" in the metropolitan statistical area  closest
to  the project location, published by the United States bureau of labor
statistics, for the duration of the lease term.  All of  the  provisions
of article 9 of the labor law shall apply. Employers shall be subject to
the requirements of contractors under article 9 of the labor law.
  S 8. All developers must have entered into an agreement with the labor
organization or organizations that is/are actively engaged in represent-
ing  and  attempting  to  represent  food and beverage, housekeeping, or
other service employees in the state university of New York at  Purchase
area  that  is  valid and enforceable under 29 U.S.C. section 185(a) and
that prohibits any strikes, picketing  or  other  economic  interference
with  such  food and beverage, housekeeping, or other service operations
and ensures that any such operations that are conducted by  contractors,
subcontractors,  licensees,  assignees,  tenants or subtenants, shall be
done under contracts enforceable under 29 U.S.C. section 185(a) contain-
ing the same provisions as specified above.

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  S 9. Notwithstanding any other provision of this act, an employer  and
employee organization of the senior learning community may enter into an
agreement  which  shall:  (1)  confer jurisdiction of the New York state
employment relations board; (2) provide for participation in  an  agree-
ment for the designation of collective bargaining under subdivision 1 of
section  705  of  the  labor  law, commonly known as card check; and (3)
impose no strike provisions as set forth  in  subdivision  two  of  this
section.  Upon execution of such an agreement by both parties containing
all of the provisions set forth in this subdivision, the agreement shall
be binding and enforceable against both parties.
  S 10. Nothing in this act shall be  deemed  to  waive  or  impair  any
rights or benefits of employees of the state university of New York that
otherwise would be available to them pursuant to the terms of agreements
between the certified representatives of such employees and the state of
New  York  pursuant  to  article  14  of the civil service law; all work
performed on such property that would ordinarily be performed by employ-
ees subject to article 14 of the civil service law shall continue to  be
performed by such employees.
  S  11. Without limiting the determination of such terms and conditions
by said trustees, such terms and conditions  may  provide  for  leasing,
construction, reconstruction, rehabilitation, improvement, operation and
management  of  and provision of services and assistance and granting of
licenses, easements and other arrangements with regard to  such  grounds
and  facilities  by  the  Purchase  college  advancement corporation and
parties contracting with the Purchase  college  advancement  corporation
and,  in  connection  with  such activities, the obtaining of financing,
whether public or private or secured  (including  but  not  limited  to,
secured  by leasehold mortgages and assignments of rents and leases), by
the Purchase college advancement  corporation  and  parties  contracting
with  the  Purchase college advancement corporation, for the purposes of
completing the projects described in this act.
  Parcel C shall be leased for the development  of  not  more  than  385
units of a senior learning community.
  S  12.  Any  contracts  entered  into pursuant to this act between the
Purchase college advancement corporation and  parties  contracting  with
the  Purchase  college  advancement  corporation  shall  be awarded by a
competitive process.
  S 13.  Any contracts or leases entered into by the state university of
New York or the Purchase college  advancement  corporation  pursuant  to
this act shall be subject to approval of the attorney general as to form
as well as by the director of the budget and the state comptroller.  Any
and  all proceeds relating to the leases authorized by this act shall be
applied in the following manner: seventy-five percent to student  schol-
arships  for  educationally  and  economically disadvantaged students as
defined by the board of regents and twenty-five percent to support addi-
tional full-time faculty positions.
  S 14. The property authorized by this act to be leased to the Purchase
college advancement corporation is generally described as  a  parcel  of
real  property  with  improvements  thereon, consisting of approximately
40.5 acres, situated on the campus of the state university of  New  York
at Purchase. The description in this section of the land to be leased is
not  a  legal description, but is intended only to identify the premises
to be leased for purposes consistent  with  the  mission  of  the  state
university of New York at Purchase:

                                Parcel C

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ALL  that plot, piece or parcel of land situate and being in the Town of
Harrison, County of Westchester and  State  of  New  York,  bounded  and
described as follows:
BEGINNING at a point at the southeasterly corner of the herein described
Lease Parcel C, said point being located, N 80° 51' 39" W 163.33 feet, N
81° 12' 39" W 4.91 feet, N 02° 00' 00" W 407.31 feet and N 00° 19' 17" E
62.93  feet  from  the point of beginning of Parcel #1 as shown on a map
entitled, "Department of Education, State University of New York,  State
University  College  at  Westchester, Map #1, Parcels 1, 2 and 3", dated
and filed in the office of the Department of Public Works, May 27, 1966;
thence through Parcel #1 along the northerly and easterly side  of  West
Road, N 79° 50' 00" W 285.54 feet, northwesterly on a curve to the right
of  radius  743.00  feet,  an  arc length of 988.36 feet, having a chord
bearing N 41° 43' 30" W 917.09 feet, N 03° 37' 00" W 178.77 feet, N  06°
55' 00" E 1326.17 feet and northwesterly on a curve to the left of radi-
us  592.00  feet, an arc length of 172.61 feet, having a chord bearing N
01° 26' 11" W 172.00 feet to a point; thence leaving the  easterly  side
of  West  Road  and continuing through Parcel #1, N 77° 18' 00" E 130.00
feet, N 82° 12' 00" E 140.00 feet, S 09° 47' 00" E 364.83  feet,  S  69°
00'  00"  E  463.42  feet,  S 00° 02' 00" E 369.54 feet, S 27° 40' 00" W
194.81 feet, S 79° 51' 00" E 154.52 feet, S 10° 39' 00" W 325.93 feet, S
03° 48' 00" E 310.96 feet, S 04° 45' 00" W 271.62 feet, S 01° 38' 00"  E
142.45  feet  and  S  03° 04' 00" W 311.20 feet to the point or place of
beginning.
CONTAINING 40.05 ACRES OF LAND
  S 15. The state university of New York shall not lease lands described
in this act unless contract is executed by the Purchase college advance-
ment corporation or lessee for a project pursuant to this act within two
years of the effective date of this act.
  S 16. Any lease or other agreement executed pursuant to this act shall
include an indemnity provision whereby the lessee or sublessee  promises
to  indemnify,  hold harmless, and defend the lessor against all claims,
suits, actions, and liability to all persons  on  the  leased  premises,
including  tenant, tenant's agents, contractors, subcontractors, employ-
ees, customers, guests, licensees, invitees, and members of the  public,
for  damage  to any such person's property, whether real or personal, or
for personal injuries arising out of tenant's use or occupation  of  the
demised premises.
  S  17. Insofar as the provisions of this act are inconsistent with the
provisions of any law, general, special or local, the provisions of this
act shall be controlling; provided, however, that all leases, contracts,
financing, granting of licenses, easements, and other arrangements  with
regard  to  a  project  pursuant  to  this  act  shall be subject to the
provisions of article 8 of the environmental conservation law.
  S 18. The state university trustees are hereby authorized and directed
to designate and maintain a minimum of 80 acres of real property located
within the boundaries of the campus of the state university of New  York
at Purchase for permanent preservation as open space lands.
  S 19. All real property included in section fourteen of this act shall
be maintained for one or more of the following purposes:
  (a) open space lands and natural areas for maintaining plants, animals
and natural communities; and
  (b)  an area of natural or historic interest and beauty which provides
the public with passive recreational opportunities.
  S 20. (a) The state university trustees shall cause to be undertaken a
survey of the real property included in section nineteen  of  this  act.

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Such survey shall be completed and made available to the legislature and
the  public  not  later than six months after the effective date of this
act.
  (b)  The state university trustees shall develop, in consultation with
the department of environmental conservation, a stewardship plan for the
maintenance of the real property included in section  nineteen  of  this
act  as  open  lands. Such plan shall be completed and made available to
the public not later than six months after the effective  date  of  this
act.
  S  21. (a) Any contract or leases entered into by the state university
of New York or the Purchase college advancement corporation pursuant  to
this act shall provide that not less than 20 percent of the units in the
senior learning community must, upon the initial rental of the units and
upon  all subsequent rentals of the units after a vacancy, be affordable
to and occupied or available for occupancy by  individuals  or  families
whose  incomes at the time of initial occupancy do not exceed 80 percent
of the area median incomes adjusted for family size.
  (b) All affordable units must be geographically  integrated  with  the
market rate units and residents of such units shall be provided with and
have  access  to the services and amenities available to other residents
in the development.
  (c) Residents of the community where the development is located  shall
have  priority  for  the  rental  of 50 percent of the affordable units,
provided they meet the income requirements of this section.
  S 22. This act shall take effect immediately.