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

                                  5799

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              March 1, 2011
                               ___________

Introduced  by  M.  of  A. SCHIMMINGER, HOYT, PEOPLES-STOKES, SCHROEDER,
  GABRYSZAK, HAYES, CORWIN, HAWLEY, GIGLIO,  SMARDZ,  CERETTO,  GOODELL,
  FRIEND -- read once and referred to the Committee on Higher Education

AN  ACT  to  amend the education law, the public authorities law and the
  general municipal law, in relation to  authorizing  tuition  increases
  for the State University of New York at Buffalo (Part A); to amend the
  education  law, in relation to the use of State University of New York
  at Buffalo property (Part B); to amend the education  law,  the  state
  finance  law  and the tax law, in relation to the ability of the state
  university trustees to purchase items and  enter  into  contracts  and
  agreements  (Part C); to amend the education law and the state finance
  law, in relation to the distribution of money  received  from  various
  sources  related  to the State University of New York at Buffalo (Part
  D); and to amend the education law,  in  relation  to  providing  that
  certain  lease of the State University of New York at Buffalo need not
  be submitted to the attorney general for his or her approval (Part E)

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

  Section  1.  Short  title. This act shall be known and may be cited as
the "UB 2020 flexibility and economic growth act".
  S 2. Legislative findings and intent.   The State  University  of  New
York  at  Buffalo  ranks as one of the foremost research academic insti-
tutions in New York, and has the potential to become a regional economic
engine. The University's UB 2020 initiative, through which it  seeks  to
increase enrollment, expand its research capabilities and revitalize its
campuses,  can  serve  as the catalyst for re-energizing the western New
York economy and workforce development.
  In light of the current condition of the western New York economy  and
the  State  University  of  New  York at Buffalo's desire to enhance its
academic research capabilities, the University is the ideal candidate to
pilot a number of reforms  recently  proposed  by  the  New  York  State

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06328-07-1
              

A. 5799                             2

commission  on  higher education. These proposals will require the state
of New York to maintain its current level of financial commitment to the
State University of New York at Buffalo.
  Finally,   the  legislature  intends  to  monitor  the  University  at
Buffalo's implementation of these reforms, their impact in  western  New
York,  and  their  potential  for broader application.   This monitoring
shall include the efforts by and on behalf of the University at  Buffalo
to ensure a diverse workforce on UB 2020 capital projects.
  S  3.  This  act enacts into law major components of legislation which
are necessary for the efficient and productive operation  of  the  State
University  of  New  York at Buffalo. Each component is wholly contained
within a Part identified as Parts A through E.  The  effective  date  or
dates  for  each particular provision contained within such Part are set
forth in the last section of such Part. Any  provision  in  any  section
contained within a Part, including the effective date of the Part, which
makes reference to a section "of this act", when used in connection with
that  particular  component,  shall  be  deemed to mean and refer to the
corresponding section of the Part in which it is found.

                                 PART A

  Section 1. Subparagraph 4 of paragraph h of subdivision 2  of  section
355 of the education law, as amended by chapter 309 of the laws of 1996,
is amended to read as follows:
  (4)  [The]  EXCEPT AS HEREINAFTER PROVIDED WITH RESPECT TO STUDENTS AT
THE STATE UNIVERSITY OF NEW YORK AT  BUFFALO,  THE  trustees  shall  not
impose  a  differential  tuition charge based upon need or income. [All]
EXCEPT AS HEREINAFTER PROVIDED WITH RESPECT TO  STUDENTS  AT  THE  STATE
UNIVERSITY  OF  NEW  YORK  AT BUFFALO, ALL students enrolled in programs
leading to like degrees at  state-operated  institutions  of  the  state
university shall be charged a uniform rate of tuition except for differ-
ential  tuition  rates  based on state residency.  EXCEPT AS HEREINAFTER
PROVIDED WITH RESPECT TO STUDENTS AT THE STATE UNIVERSITY OF NEW YORK AT
BUFFALO, THE TRUSTEES SHALL NOT ADOPT CHANGES AFFECTING TUITION  CHARGES
PRIOR TO THE ENACTMENT OF THE ANNUAL BUDGET. Provided, however, that the
trustees  may authorize the presidents of the colleges of technology and
the colleges of agriculture and technology to  set  differing  rates  of
tuition  for each of the colleges for students enrolled in degree-grant-
ing programs leading to an  associate  degree  and  non-degree  granting
programs  so  long as such tuition rate does not exceed the tuition rate
charged to students who are enrolled in like degree programs or  degree-
granting  undergraduate  programs  leading  to a baccalaureate degree at
other state-operated institutions of the state university of  New  York.
[The trustees shall not adopt changes affecting tuition charges prior to
the enactment of the annual budget.]
  S  1-a.  Paragraph  h of subdivision 2 of section 355 of the education
law is amended by adding a new subparagraph 4-a to read as follows:
  (4-A) A. COMMENCING WITH THE TWO THOUSAND ELEVEN--TWO THOUSAND  TWELVE
ACADEMIC  YEAR,  THE  PRESIDENT  OF  THE STATE UNIVERSITY OF NEW YORK AT
BUFFALO, WITH APPROVAL FROM THE TRUSTEES, IS AUTHORIZED TO SET DIFFERING
RATES OF TUITION BY PROGRAM AND, WITHIN EACH PROGRAM, BY CLASS YEAR, FOR
STUDENTS ENROLLED IN DEGREE GRANTING PROGRAMS AT THE STATE UNIVERSITY OF
NEW YORK AT BUFFALO AS SET FORTH IN THIS CLAUSE.   TUITION FOR  STUDENTS
ENROLLED  IN  ANY  PARTICULAR UNDERGRADUATE AND GRADUATE DEGREE GRANTING
PROGRAM AT THE STATE  UNIVERSITY  OF  NEW  YORK  AT  BUFFALO,  INCLUDING
IN-STATE,  OUT-OF-STATE,  FULL-TIME  AND PART-TIME STUDENTS, AND TUITION

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FOR STUDENTS ENROLLED IN  PROFESSIONAL  DEGREE  PROGRAMS  AT  THE  STATE
UNIVERSITY OF NEW YORK AT BUFFALO, INCLUDING, BUT NOT LIMITED TO, DOCTOR
OF  MEDICINE, DOCTOR OF DENTISTRY, DOCTOR OF NURSING PRACTICE, DOCTOR OF
PHYSICAL  THERAPY, JURIS DOCTOR, DOCTOR OF PHARMACY AND MASTERS IN BUSI-
NESS ADMINISTRATION, MAY BE INCREASED EACH YEAR TO THE  PUBLIC  INSTITU-
TION MEAN TUITION AMONG PUBLIC MEMBER INSTITUTIONS OF THE ASSOCIATION OF
AMERICAN  UNIVERSITIES  FOR  EACH SUCH PROGRAM, UP TO A MAXIMUM OF THREE
HUNDRED SEVENTY-FIVE DOLLARS PER SEMESTER FOR GRADUATE AND UNDERGRADUATE
PROGRAM TUITION AND FIFTEEN PERCENT PER ACADEMIC YEAR  FOR  PROFESSIONAL
DEGREE PROGRAMS, WITH THE GOAL OF KEEPING TUITION AT THE STATE UNIVERSI-
TY OF NEW YORK AT BUFFALO ON PAR WITH ITS PEER AAU INSTITUTIONS.
  B.  THE  STATE  OF NEW YORK AND THE STATE UNIVERSITY OF NEW YORK SHALL
DISREGARD ANY TUITION INCREASES FOR STUDENTS AT THE STATE UNIVERSITY  OF
NEW  YORK AT BUFFALO PURSUANT TO CLAUSE A OF THIS SUBPARAGRAPH IN DETER-
MINING ANY ANNUAL CORE INSTRUCTIONAL SUPPORT OR OTHER  ANNUAL  APPROPRI-
ATIONS  TO BE PROVIDED TO EITHER THE STATE UNIVERSITY OF NEW YORK OR THE
STATE UNIVERSITY OF NEW YORK AT BUFFALO. IN  AMPLIFICATION  AND  NOT  IN
LIMITATION OF THE FOREGOING, NEITHER THE STATE OF NEW YORK NOR THE STATE
UNIVERSITY  OF  NEW  YORK  SHALL  PROVIDE  ANY  INCREASES TO ANNUAL CORE
STATE-TAX FUNDED INSTRUCTIONAL SUPPORT, EMPLOYEE SALARY OR FRINGE  BENE-
FIT  PAYMENTS OR OTHER ANNUAL APPROPRIATIONS OF ANY KIND OR NATURE TO OR
ON BEHALF OF ANY OTHER SUNY UNIVERSITY CENTER (I.E., STATE UNIVERSITY OF
NEW YORK AT STONY BROOK, STATE UNIVERSITY OF NEW YORK AT ALBANY OR STATE
UNIVERSITY OF NEW YORK AT BINGHAMTON) OR ANY SUNY FOUR YEAR COLLEGE AT A
LEVEL, THAT IS, IN ANY WAY, INCONSISTENT WITH OR INFERIOR TO THE FUNDING
METHODS EMPLOYED FOR INCREASES IN ANNUAL CORE STATE-TAX FUNDED  INSTRUC-
TIONAL  SUPPORT,  EMPLOYEE  SALARY  OR  FRINGE BENEFIT PAYMENTS OR OTHER
APPROPRIATIONS OF ANY KIND OR NATURE MADE TO OR ON BEHALF OF  THE  STATE
UNIVERSITY  OF NEW YORK AT BUFFALO.  FURTHERMORE, UNTIL SUCH TIME AS THE
PROGRAM OBJECTIVES OF THE STATE UNIVERSITY OF NEW YORK AT  BUFFALO'S  UB
2020  INITIATIVE  ARE  ACHIEVED,  NEITHER  THE STATE OF NEW YORK NOR THE
STATE UNIVERSITY OF NEW YORK WILL REDUCE ANNUAL  CORE  STATE-TAX  FUNDED
INSTRUCTIONAL  SUPPORT,  EMPLOYEE  SALARY  OR FRINGE BENEFIT PAYMENTS OR
OTHER APPROPRIATIONS OF ANY KIND OR NATURE MADE TO OR ON BEHALF  OF  THE
STATE UNIVERSITY OF NEW YORK AT BUFFALO SO AS TO CAUSE THE PROPORTIONATE
LEVEL OF SUPPORT, PAYMENTS AND APPROPRIATIONS FOR ANY OTHER SUNY UNIVER-
SITY  CENTER  (I.E.,  STATE UNIVERSITY OF NEW YORK AT STONY BROOK, STATE
UNIVERSITY OF NEW YORK AT ALBANY OR STATE  UNIVERSITY  OF  NEW  YORK  AT
BINGHAMTON)  OR  ANY  SUNY FOUR YEAR COLLEGE TO BE GREATER THAN LEVEL OF
SUCH SUPPORT, PAYMENTS AND APPROPRIATIONS AFFORDED THE STATE  UNIVERSITY
OF  NEW YORK AT BUFFALO IN COMPARISON TO SUCH OTHER INSTITUTIONS FOR THE
TWO THOUSAND EIGHT--TWO THOUSAND NINE STATE FISCAL YEAR.
  C. NOTWITHSTANDING ITEM (C) OF SUBCLAUSE ONE OF CLAUSE (A) OF SUBPARA-
GRAPH (I) OF PARAGRAPH A OF SUBDIVISION THREE  OF  SECTION  SIX  HUNDRED
SIXTY-SEVEN  OF THIS TITLE, COMMENCING WITH THE TWO THOUSAND ELEVEN--TWO
THOUSAND TWELVE ACADEMIC YEAR, THE STATE OF  NEW  YORK  SHALL  CALCULATE
TUITION  ASSISTANCE  PROGRAM  (TAP)  PAYMENTS  FOR STUDENTS AT THE STATE
UNIVERSITY OF NEW YORK AT BUFFALO USING THE APPLICABLE TUITION RATES FOR
STUDENTS AT THE STATE UNIVERSITY OF NEW YORK AT BUFFALO AS THE BASE  TAP
AMOUNT FOR SUCH STUDENTS.
  D.  A  PORTION  OF  THE  NET  TUITION REVENUE GENERATED BY THE TUITION
INCREASES DESCRIBED IN CLAUSE A OF THIS SUBPARAGRAPH TO BE NOT LESS THAN
FIFTEEN PERCENT (15%) NOR MORE THAN TWENTY PERCENT  (20%)  OF  SUCH  NET
TUITION  REVENUE,  SHALL BE DIRECTED TO FINANCIAL AID PROGRAMS TO ASSIST
FINANCIALLY-DISADVANTAGED IN-STATE STUDENTS IN THE  CORRESPONDING  STATE
UNIVERSITY OF NEW YORK AT BUFFALO DEGREE GRANTING PROGRAM, WITH THE GOAL

A. 5799                             4

OF  INSURING THAT ALL IN-STATE STUDENTS WHOSE TWO THOUSAND ELEVEN HOUSE-
HOLD INCOME IS SIXTY THOUSAND DOLLARS OR LESS PAY NO MORE FOR TUITION AT
THE STATE UNIVERSITY OF NEW YORK AT BUFFALO THAN SUCH  IN-STATE  STUDENT
PAID  OR  WOULD HAVE PAID FOR TUITION IN THE TWO THOUSAND TEN--TWO THOU-
SAND ELEVEN ACADEMIC YEAR.
  E. THE PRESIDENT OF THE STATE UNIVERSITY OF NEW YORK AT BUFFALO  SHALL
PROVIDE, NO LATER THAN SEPTEMBER FIFTEENTH, PUBLIC NOTICE OF ANY TUITION
INCREASES  FOR  THE  FOLLOWING ACADEMIC YEAR. SUCH NOTICE SHALL DESCRIBE
THE TUITION FOR EACH DEGREE PROGRAM, THE PLANS FOR  UTILIZATION  OF  THE
REVENUE  FROM  THE INCREASED TUITION BY THE STATE UNIVERSITY OF NEW YORK
AT BUFFALO AND THE PROJECTED IMPACT OF  THE  TUITION  INCREASES  ON  THE
ACCESS TO AND QUALITY OF THE AFFECTED DEGREE GRANTING PROGRAMS.
  F.  ALL MONEYS RECEIVED BY THE STATE UNIVERSITY OF NEW YORK AT BUFFALO
FOR TUITION, FEES AND OTHER SOURCES AND ACTIVITIES OF THE STATE  UNIVER-
SITY  THAT ARE INTENDED TO BE SELF-SUPPORTING SHALL NOT CONSTITUTE FUNDS
OF THE STATE OF NEW YORK OR OF THE STATE  UNIVERSITY  OF  NEW  YORK  AND
SHALL  BE  PAID  INTO  A FUND MAINTAINED BY THE COMPTROLLER OF THE STATE
UNIVERSITY OF NEW YORK AT BUFFALO TO BE USED BY THE STATE UNIVERSITY  OF
NEW  YORK AT BUFFALO FOR EXPENSES OF THE STATE UNIVERSITY OF NEW YORK AT
BUFFALO, WITHOUT THE NEED FOR ANY  FURTHER  APPROVAL,  APPROPRIATION  OR
AUTHORIZATION  FROM THE STATE OF NEW YORK OR THE STATE UNIVERSITY OF NEW
YORK.
  S 2. Paragraph (b) of subdivision 2 of  section  1676  of  the  public
authorities  law is amended by adding two new undesignated paragraphs to
read as follows:
  THE STATE UNIVERSITY OF NEW YORK AT BUFFALO, IN  CONNECTION  WITH  THE
FINANCING,  REFINANCING, ACQUISITION, DESIGN, DEVELOPMENT, CONSTRUCTION,
RECONSTRUCTION,  RENOVATION,  REHABILITATION,  IMPROVEMENT,   EXPANSION,
FURNISHING  AND EQUIPPING OF, OR OTHERWISE PROVIDING FOR ACADEMIC BUILD-
INGS, DORMITORIES, AND OTHER FACILITIES ON LANDS HELD BY  THE  STATE  OF
NEW  YORK FOR THE BENEFIT OF THE STATE UNIVERSITY OF NEW YORK AT BUFFALO
OR LANDS LEASED BY THE STATE OF NEW YORK OR THE STATE UNIVERSITY OF  NEW
YORK  AT  BUFFALO  FOR  USE  BY STUDENTS, FACULTY AND STAFF OF THE STATE
UNIVERSITY OF NEW YORK AT BUFFALO.
  ANY STATE UNIVERSITY OF NEW YORK AT BUFFALO CAMPUS-RELATED FOUNDATION,
ALUMNI ASSOCIATION OR AFFILIATE THEREOF, ANY NOT-FOR-PROFIT  CORPORATION
OR  ASSOCIATION  ORGANIZED  BY  THE PRESIDENT OR THE ALUMNI OF THE STATE
UNIVERSITY OF NEW YORK AT BUFFALO TO FURTHER ITS PURPOSES, OR ANY LIMIT-
ED LIABILITY COMPANY WHOSE SOLE MEMBER IS ANY ONE OF THE FOREGOING ENTI-
TIES,  IN  CONNECTION  WITH  THE  FINANCING,  REFINANCING,  ACQUISITION,
DESIGN, DEVELOPMENT, CONSTRUCTION, RECONSTRUCTION, RENOVATION, REHABILI-
TATION,  IMPROVEMENT,  EXPANSION, FURNISHING AND EQUIPPING OF, OR OTHER-
WISE PROVIDING FOR, ACADEMIC BUILDINGS, DORMITORIES, AND  OTHER  FACILI-
TIES  FOR THE USE OF STUDENTS, FACULTY AND STAFF OF THE STATE UNIVERSITY
OF NEW YORK AT BUFFALO.
  S 3. Subdivision 1 of section 1680 of the public  authorities  law  is
amended by adding two new undesignated paragraphs to read as follows:
  THE  STATE  UNIVERSITY  OF NEW YORK AT BUFFALO, IN CONNECTION WITH THE
FINANCING, REFINANCING, ACQUISITION, DESIGN, DEVELOPMENT,  CONSTRUCTION,
RECONSTRUCTION,   RENOVATION,  REHABILITATION,  IMPROVEMENT,  EXPANSION,
FURNISHING AND EQUIPPING OF, OR OTHERWISE PROVIDING FOR, ACADEMIC BUILD-
INGS, DORMITORIES, AND OTHER FACILITIES ON LANDS HELD BY  THE  STATE  OF
NEW  YORK FOR THE BENEFIT OF THE STATE UNIVERSITY OF NEW YORK AT BUFFALO
OR LANDS LEASED BY THE STATE OF NEW YORK OR THE STATE UNIVERSITY OF  NEW
YORK  AT  BUFFALO  FOR  USE  BY STUDENTS, FACULTY AND STAFF OF THE STATE
UNIVERSITY OF NEW YORK AT BUFFALO.

A. 5799                             5

  ANY STATE UNIVERSITY OF NEW YORK AT BUFFALO CAMPUS-RELATED FOUNDATION,
ALUMNI ASSOCIATION OR AFFILIATE THEREOF, ANY NOT-FOR-PROFIT  CORPORATION
OR ASSOCIATION ORGANIZED BY THE PRESIDENT OF THE STATE UNIVERSITY OF NEW
YORK AT BUFFALO TO FURTHER ITS PURPOSES, OR ANY LIMITED LIABILITY COMPA-
NY WHOSE SOLE MEMBER IS ANY ONE OF THE FOREGOING ENTITIES, IN CONNECTION
WITH  THE  FINANCING,  REFINANCING,  ACQUISITION,  DESIGN,  DEVELOPMENT,
CONSTRUCTION, RECONSTRUCTION, RENOVATION,  REHABILITATION,  IMPROVEMENT,
EXPANSION,  FURNISHING  AND  EQUIPPING  OF,  OR OTHERWISE PROVIDING FOR,
ACADEMIC BUILDINGS, DORMITORIES, AND OTHER FACILITIES  FOR  THE  USE  OF
STUDENTS,  FACULTY  AND  STAFF  OF  THE  STATE UNIVERSITY OF NEW YORK AT
BUFFALO.
  S 4. Any contracts awarded or entered into by the dormitory  authority
pursuant  to this act shall be deemed state contracts within the meaning
of that term as set forth in article 15-A of the executive law; and  the
authority  shall  be deemed, for the purposes of this act, a contracting
agency as that term is used in article 15-A of the executive law.
  S 5. Any contracts awarded or entered into by any State University  of
New  York  at  Buffalo  campus related foundation, alumni association or
affiliate thereof, any not-for-profit corporation or association  organ-
ized  by the president of the State University of New York at Buffalo to
further its purposes, or any limited liability company whose sole member
is any of the foregoing entities, or by  the  State  University  of  New
York, the State University Construction Fund, or the Dormitory Authority
of  the State of New York, on behalf of the State University of New York
at Buffalo,  for  construction,  reconstruction,  renovation,  rehabili-
tation,  improvement or expansion at the State University of New York at
Buffalo shall not be subject to section 101  of  the  general  municipal
law,  section 103 of the general municipal law, section 135 of the state
finance law or subdivision 8  of  section  376  of  the  education  law,
provided  the  wages paid to workers employed under such contracts shall
comply with the requirements of  section  220  of  the  labor  law,  the
construction, reconstruction, renovation, rehabilitation, improvement or
expansion to be effected under such contracts shall comply with sections
240  and  241 of the labor law and all contracts awarded or entered into
by any State University of New York at Buffalo  campus  related  founda-
tion, alumni association or affiliate thereof; any not-for-profit corpo-
ration or association organized by the president of the State University
of New York at Buffalo to further its purposes, or any limited liability
company whose sole member is any of the foregoing entities, or the State
University  of  New  York,  the  State University Construction Fund, the
Dormitory Authority of the State of New York, on  behalf  of  the  State
University  of  New  York  at Buffalo, for construction, reconstruction,
renovation,  rehabilitation,  improvement  or  expansion  at  the  State
University  of  New York at Buffalo may be let pursuant to a competitive
selection process to be determined by the contracting entity, which  may
consider factors other than cost alone, including, but not limited to an
evaluation  by  the  contracting  entity  of,  among  other  things, the
bidder's ability to provide maximum value at the lowest cost, the  level
of experience of the bidder, and the bidder's ability to meet the minor-
ity  and  women  workforce  and  business enterprise goals for the State
University of New York at Buffalo's UB 2020 initiative.
  S 6. Any contracts awarded or entered into by any State University  of
New  York  at  Buffalo  campus related foundation, alumni association or
affiliate thereof, any not-for-profit corporation or association  organ-
ized  by the president of the State University of New York at Buffalo to
further its purposes, or any limited liability company whose sole member

A. 5799                             6

is any of the foregoing entities, or by  the  State  University  of  New
York, the State University Construction Fund, or the Dormitory Authority
of  the State of New York, on behalf of the State University of New York
at  Buffalo,  for  construction,  reconstruction,  renovation, rehabili-
tation, improvement or expansion at the State University of New York  at
Buffalo,  for  any  single construction project exceeding $20 million in
the aggregate, for which more than twenty-five percent of such aggregate
amount is to be paid from appropriations furnished by either  the  State
of  New  York  or  the  State University of New York, such construction,
reconstruction, renovation, rehabilitation, improvement or expansion  at
the State University of New York at Buffalo shall be undertaken pursuant
to a project labor agreement, as defined in subdivision 1 of section 222
of the labor law, provided a study done by or for the contracting entity
determines   that   a   project   labor   agreement  will  benefit  such
construction, reconstruction, renovation, rehabilitation, improvement or
expansion through reduced risk  of  delay,  potential  cost  savings  or
potential  reduction  in the risk of labor unrest in light of any perti-
nent local history thereof. For purposes of applying the dollar  thresh-
olds  set forth in the preceding sentence, the term "single construction
project" shall mean any functionally-interdependent construction, recon-
struction, renovation, rehabilitation, improvement or expansion activity
associated with a single building, structure or  improvement,  including
all directly related infrastructure and site work in contemplation ther-
eof.
  S  7.  Before  any  contract  is  awarded or entered into by any State
University of New York at  Buffalo  campus  related  foundation,  alumni
association  or  affiliate  thereof,  any  not-for-profit corporation or
association organized by the president of the State  University  of  New
York at Buffalo to further its purposes, or any limited liability compa-
ny  whose  sole member is any of the foregoing entities, or by the State
University of New York, the State University Construction Fund,  or  the
Dormitory  Authority  of  the  State of New York, on behalf of the State
University of New York at  Buffalo,  for  construction,  reconstruction,
renovation,  rehabilitation,  improvement  or  expansion  at  the  State
University of New York at Buffalo, the State University of New  York  at
Buffalo shall create or cause to be created a diversity plan for UB 2020
capital  projects  and  shall  take or cause to be taken steps to ensure
that such diversity plan is successfully implemented on  a  program-wide
basis.   The UB 2020 diversity plan shall include, at a minimum, targets
for workforce diversity, targets for retention  of  minority  and  women
owned businesses, retention of an independent monitor by or on behalf of
the  State  University  of  New  York at Buffalo for all UB 2020 capital
projects and regular review of periodic reports  from  such  independent
monthly  monitor  as  to  the  attainment of the work force and business
diversity goals of the UB 2020 diversity plan.
  S 8. Section 891-a of the general municipal law is amended by adding a
new subdivision 3 to read as follows:
  3. IN ADDITION TO THE POWERS AND DUTIES NOW OR HEREAFTER CONFERRED  BY
TITLE  ONE  OF  ARTICLE  EIGHTEEN-A OF THIS CHAPTER, NOTWITHSTANDING ANY
OTHER STATE OR LOCAL LAW TO THE CONTRARY,  THE  AGENCY  SHALL  HAVE  THE
POWER  TO  PROVIDE  FINANCIAL ASSISTANCE, INCLUDING, BUT NOT LIMITED TO,
THE ISSUANCE OF BONDS AND NOTES BY THE AGENCY, IN CONJUNCTION  WITH  THE
FINANCING,  REFINANCING, ACQUISITION, DESIGN, DEVELOPMENT, CONSTRUCTION,
RECONSTRUCTION,  RENOVATION,  REHABILITATION,  IMPROVEMENT,   EXPANSION,
FURNISHING AND EQUIPPING OF, OR OTHERWISE PROVIDING FOR, ACADEMIC BUILD-
INGS,  DORMITORIES AND OTHER FACILITIES FOR USE BY STUDENTS, FACULTY AND

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STAFF OF THE STATE UNIVERSITY OF NEW YORK AT BUFFALO BY OR ON BEHALF  OF
ANY  STATE  UNIVERSITY OF NEW YORK AT BUFFALO CAMPUS RELATED FOUNDATION,
ALUMNI ASSOCIATION OR AFFILIATE THEREOF, ANY NOT-FOR-PROFIT  CORPORATION
OR ASSOCIATION ORGANIZED BY THE PRESIDENT OF THE STATE UNIVERSITY OF NEW
YORK AT BUFFALO TO FURTHER ITS PURPOSES, OR ANY LIMITED LIABILITY COMPA-
NY WHOSE SOLE MEMBER IS ANY OF THE FOREGOING ENTITIES.
  S  9.  The opening paragraph of section 914-a of the general municipal
law, as added by chapter 579 of the laws of 1973, is designated subdivi-
sion 1 and a new subdivision 2 is added to read as follows:
  2. IN ADDITION TO THE POWERS AND DUTIES NOW OR HEREAFTER CONFERRED  BY
TITLE  ONE  OF  ARTICLE  EIGHTEEN-A OF THIS CHAPTER, NOTWITHSTANDING ANY
OTHER STATE OR LOCAL LAW TO THE CONTRARY,  THE  AGENCY  SHALL  HAVE  THE
POWER  TO  PROVIDE  FINANCIAL ASSISTANCE, INCLUDING, BUT NOT LIMITED TO,
THE ISSUANCE OF BONDS AND NOTES BY THE AGENCY, IN CONJUNCTION  WITH  THE
FINANCING,  REFINANCING, ACQUISITION, DESIGN, DEVELOPMENT, CONSTRUCTION,
RECONSTRUCTION,  RENOVATION,  REHABILITATION,  IMPROVEMENT,   EXPANSION,
FURNISHING AND EQUIPPING OF, OR OTHERWISE PROVIDING FOR, ACADEMIC BUILD-
INGS,  DORMITORIES AND OTHER FACILITIES FOR USE BY STUDENTS, FACULTY AND
STAFF OF THE STATE UNIVERSITY OF NEW YORK AT BUFFALO BY OR ON BEHALF  OF
ANY  STATE  UNIVERSITY OF NEW YORK AT BUFFALO CAMPUS RELATED FOUNDATION,
ALUMNI ASSOCIATION OR AFFILIATE THEREOF, ANY NOT-FOR-PROFIT  CORPORATION
OR ASSOCIATION ORGANIZED BY THE PRESIDENT OF THE STATE UNIVERSITY OF NEW
YORK AT BUFFALO TO FURTHER ITS PURPOSES, OR ANY LIMITED LIABILITY COMPA-
NY WHOSE SOLE MEMBER IS ANY OF THE FOREGOING ENTITIES.
  S  10. Subdivision 12 of section 373 of the education law, as added by
chapter 251 of the laws of 1962, is amended to read as follows:
  12. To [make] PROCURE and execute contracts, lease agreements, and all
other instruments necessary or convenient for the exercise of its corpo-
rate powers and the fulfillment of its  corporate  purposes  under  this
article.  NOTWITHSTANDING  ANY  OTHER LAW TO THE CONTRARY, ALL SUCH FUND
PROCUREMENTS ON BEHALF OF THE STATE UNIVERSITY OF NEW  YORK  AT  BUFFALO
SHALL  BE  SUBJECT  ONLY  TO  PROCUREMENT  GUIDELINES  THAT ARE ANNUALLY
ADOPTED BY THE FUND TRUSTEES, WHICH SHALL SUBSTANTIALLY CONFORM  TO  THE
PROVISIONS OF TITLE FOUR OF ARTICLE NINE OF THE PUBLIC AUTHORITIES LAW;
  S  11.  Section  373  of  the education law is amended by adding a new
subdivision 20 to read as follows:
  20. TO  DESIGN,  CONSTRUCT,  ACQUIRE,  RECONSTRUCT,  REHABILITATE  AND
IMPROVE  ACADEMIC BUILDINGS, DORMITORIES AND OTHER FACILITIES FOR USE BY
STUDENTS, FACULTY AND STAFF OF THE  STATE  UNIVERSITY  OF  NEW  YORK  AT
BUFFALO USING ANY PROJECT DELIVERY METHOD, INCLUDING BUT NOT LIMITED TO,
DESIGN/BID/BUILD,  DESIGN/BUILD  OR  CONSTRUCTION  MANAGER AT RISK, THAT
WILL ASSIST THE FUND IN FULFILLING  ITS  PURPOSES  UNDER  SECTION  THREE
HUNDRED SEVENTY-TWO OF THIS ARTICLE.
  S  12.  Subdivisions  9 and 10 of section 376 of the education law are
renumbered subdivisions 10 and 11 and a new subdivision 9  is  added  to
read as follows:
  9.  ALL CONTRACTS WHICH ARE TO BE AWARDED PURSUANT TO THIS SUBDIVISION
ON BEHALF OF THE STATE UNIVERSITY  OF  NEW  YORK  AT  BUFFALO  SHALL  BE
AWARDED  PURSUANT TO PROCUREMENT GUIDELINES ADOPTED BY THE FUND TRUSTEES
IN ACCORDANCE WITH SECTION FIVE OF PART A OF THE CHAPTER OF THE LAWS  OF
TWO  THOUSAND ELEVEN THAT ADDED THIS SUBDIVISION OR BY PUBLIC LETTING IN
ACCORDANCE WITH THE FOLLOWING PROVISIONS, NOTWITHSTANDING  ANY  CONTRARY
PROVISION  OF  SECTION  ONE HUNDRED TWELVE, ONE HUNDRED THIRTY-FIVE, ONE
HUNDRED THIRTY-SIX, ONE HUNDRED THIRTY-NINE OR ONE HUNDRED FORTY OF  THE
STATE  FINANCE  LAW  OR ANY OTHER LAW, PROVIDED, HOWEVER, THAT WHERE THE
ESTIMATED EXPENSE OF ANY CONTRACT WHICH MAY BE AWARDED PURSUANT TO  THIS

A. 5799                             8

SUBDIVISION  IS LESS THAN TWO HUNDRED FIFTY THOUSAND DOLLARS, A PERFORM-
ANCE BOND AND A BOND FOR THE PAYMENT OF LABOR AND MATERIAL MAY,  IN  THE
DISCRETION  OF  THE  FUND,  NOT  BE  REQUIRED,  AND  EXCEPT  THAT IN THE
DISCRETION OF THE FUND, A CONTRACT MAY BE ENTERED INTO FOR SUCH PURPOSES
WITHOUT  PUBLIC LETTING WHERE THE ESTIMATED EXPENSE THEREOF IS LESS THAN
TWENTY THOUSAND DOLLARS, OR WHERE IN THE JUDGMENT OF THE FUND  AN  EMER-
GENCY  CONDITION  EXISTS  AS  A RESULT OF DAMAGE TO AN EXISTING ACADEMIC
BUILDING, DORMITORY OR OTHER FACILITY WHICH HAS BEEN CAUSED BY AN ACT OF
GOD, FIRE OR OTHER CASUALTY, OR  ANY  OTHER  UNANTICIPATED,  SUDDEN  AND
UNEXPECTED  OCCURRENCE,  THAT HAS RESULTED IN DAMAGE TO OR A MALFUNCTION
IN AN EXISTING  ACADEMIC  BUILDING,  DORMITORY  OR  OTHER  FACILITY  AND
INVOLVES  A  PRESSING  NECESSITY FOR IMMEDIATE REPAIR, RECONSTRUCTION OR
MAINTENANCE IN ORDER TO PERMIT THE SAFE CONTINUATION OF THE USE OR FUNC-
TION OF SUCH FACILITY, OR TO PROTECT THE FACILITY OR THE LIFE, HEALTH OR
SAFETY OF ANY PERSON, AND THE NATURE OF THE WORK IS  SUCH  THAT  IN  THE
JUDGMENT  OF  THE  FUND  IT  WOULD BE IMPRACTICAL AND AGAINST THE PUBLIC
INTEREST TO HAVE THE PUBLIC LETTING; PROVIDED, HOWEVER, THAT  THE  FUND,
PRIOR TO AWARDING A CONTRACT HEREUNDER BECAUSE OF AN EMERGENCY CONDITION
NOTIFY THE COMPTROLLER OF ITS INTENT TO AWARD SUCH A CONTRACT:
  A.  THE  LETTING  AGENCY  SHALL ADVERTISE THE INVITATION TO BID OR THE
REQUEST FOR PROPOSALS IN A NEWSPAPER PUBLISHED IN THE  CITY  OF  BUFFALO
AND  IN  SUCH  OTHER NEWSPAPERS AS WILL BE MOST LIKELY IN ITS OPINION TO
GIVE ADEQUATE NOTICE TO  CONTRACTORS  OF  THE  WORK  REQUIRED  PROVIDED,
HOWEVER,  THAT  WHERE THE ESTIMATED EXPENSE OF ANY CONTRACT WHICH MAY BE
AWARDED PURSUANT TO THIS SUBDIVISION IS  LESS  THAN  TWO  HUNDRED  FIFTY
THOUSAND DOLLARS, THE LETTING AGENCY MAY ADVERTISE THE INVITATION TO BID
SOLELY THROUGH THE PROCUREMENT OPPORTUNITIES NEWSLETTER PUBLISHED PURSU-
ANT  TO  SECTION  ONE HUNDRED FORTY-TWO OF THE ECONOMIC DEVELOPMENT LAW.
THE INVITATION TO BID OR REQUEST FOR PROPOSALS SHALL CONTAIN SUCH INFOR-
MATION AS THE LETTING AGENCY SHALL DEEM APPROPRIATE.
  B. THE LETTING AGENCY  SHALL  NOT  AWARD  ANY  CONTRACT  AFTER  PUBLIC
BIDDING  EXCEPT  TO THE LOWEST BIDDER WHO IN ITS OPINION IS QUALIFIED TO
PERFORM THE WORK REQUIRED AND IS RESPONSIBLE AND RELIABLE.  THE  LETTING
AGENCY  MAY,  HOWEVER, REJECT ANY OR ALL BIDS, AGAIN ADVERTISE FOR BIDS,
OR WAIVE ANY INFORMALITY IN A BID IF IT BELIEVES THAT THE PUBLIC  INTER-
EST WILL BE PROMOTED THEREBY.
  C.  THE  INVITATION  TO  BID,  REQUEST  FOR PROPOSALS AND THE CONTRACT
AWARDED  SHALL  CONTAIN  SUCH  OTHER  TERMS  AND  CONDITIONS,  AND  SUCH
PROVISIONS FOR PENALTIES, AS THE LETTING AGENCY MAY DEEM DESIRABLE.
  D.  ANY  CONTRACT AWARDED PURSUANT TO THIS SUBDIVISION SHALL CONTAIN A
CLAUSE THAT THE CONTRACT SHALL BE DEEMED EXECUTORY TO THE EXTENT OF  THE
MONEYS  AVAILABLE  AND  THAT  NO LIABILITY SHALL BE INCURRED BY THE FUND
BEYOND THE MONEYS AVAILABLE THEREFOR.
  E. THE LETTING AGENCY SHALL REQUIRE SUCH DEPOSITS, BONDS AND  SECURITY
IN  CONNECTION WITH THE SUBMISSION OF BIDS OR REQUEST FOR PROPOSALS, THE
AWARD OF CONTRACTS AND THE PERFORMANCE OF WORK AS IT SHALL DETERMINE  TO
BE IN THE PUBLIC INTEREST AND FOR THE PROTECTION OF THE STATE, THE STATE
UNIVERSITY, THE FUND AND THE LETTING AGENCY.
  F.  NOTWITHSTANDING  THE  PROVISIONS OF ANY OTHER LAW TO THE CONTRARY,
ALL  CONTRACTS  FOR  PUBLIC  WORK  AWARDED  BY  THE   STATE   UNIVERSITY
CONSTRUCTION  FUND  PURSUANT  TO THIS SUBDIVISION SHALL BE IN ACCORDANCE
WITH SECTION ONE HUNDRED THIRTY-NINE-F OF THE STATE FINANCE LAW.
  S 13. The president of the State University of  New  York  at  Buffalo
shall  report  every  January  first  to the governor, and the temporary
president of the senate and the speaker of the assembly  on  the  effec-
tiveness  of  the reforms enacted in this legislation. Specifically, the

A. 5799                             9

report shall address, the University at Buffalo's progress in  competing
with the top academic research institutions; the impact of the Universi-
ty at Buffalo's efforts to increase the well being of western New York's
economy  including  efforts  to  rebuild  the  downtown city of Buffalo,
progress in increasing with local vendors, especially women and minority
owned businesses; whether the minority and women workforce and  business
enterprise  goals  set forth in the UB 2020 diversity plan were attained
during the preceding year  and  the  impact  of  tuition  increases  and
efforts to ensure affordable access for economically deprived students.
  S 14. This act shall take effect immediately.

                                 PART B

  Section  1.  Paragraph a of subdivision 2 of section 355 of the educa-
tion law, as amended by chapter 552 of the laws of 1985, is  amended  to
read as follows:
  a.  To  take, hold and administer on behalf of the state university or
any institution therein, real and  personal  property  or  any  interest
therein  and  the  income  thereof either absolutely or in trust for any
educational or other  purpose  within  the  jurisdiction  and  corporate
purposes  of  the  state  university,  AND, WITH RESPECT TO ANY PROPERTY
UTILIZED BY OR COMPRISING ANY PART OF THE CAMPUSES OF THE STATE  UNIVER-
SITY  OF NEW YORK AT BUFFALO, TO DISPOSE OF SUCH PROPERTY IN SUCH MANNER
AND UPON SUCH TERMS AS THE TRUSTEES SHALL DETERMINE. THE TRUSTEES  SHALL
ALLOW AND REGULATE THE USE OF SUCH PROPERTY FOR OTHER THAN THE CORPORATE
PURPOSES  OF  THE  STATE  UNIVERSITY  OF NEW YORK AT BUFFALO, BY PERMIT,
LEASE, LICENSE OR OTHER AGREEMENT, FOR PERIODS NOT TO EXCEED TEN  YEARS,
AND  PRESCRIBE  THE  FEES, IF ANY, THAT PERSONS, ASSOCIATIONS AND CORPO-
RATIONS ALLOWED THE USE OF SUCH PROPERTY SHALL PAY.   The  trustees  may
acquire  property  for such purposes by purchase, appropriation or lease
and by the acceptance of gifts, grants, bequests and devises, and, with-
in appropriations made therefor, may equip  and  furnish  buildings  and
otherwise  improve property owned, used or occupied by the state univer-
sity or any institution therein.  THE TRUSTEES MAY ACQUIRE PROPERTY  FOR
OR  ON  BEHALF  OF  THE  STATE  UNIVERSITY OF NEW YORK AT BUFFALO BY THE
ACCEPTANCE OF  CONDITIONAL  GIFTS,  GRANTS,  DEVISES  OR  BEQUESTS,  THE
PROVISIONS  OF  SECTION ELEVEN OF THE STATE FINANCE LAW NOTWITHSTANDING.
Where real property is to be acquired by purchase or appropriation, such
acquisition shall be in accordance with the provisions of section  three
hundred  seven of this chapter except that the powers and duties in said
section mentioned to be performed by  the  commissioner  [of  education]
shall  be performed by the state university trustees.  THE PROVISIONS OF
SECTIONS THREE, THIRTY-A, AND  THIRTY-THREE  OF  THE  PUBLIC  LANDS  LAW
NOTWITHSTANDING,  THE TRUSTEES MAY PROVIDE FOR THE SALE, LEASE, TRANSFER
OR CONVEYANCE OF STATE-OWNED REAL PROPERTY UNDER THE JURISDICTION OF THE
STATE UNIVERSITY COMPRISING ANY  PART  OF  THE  CAMPUSES  OF  THE  STATE
UNIVERSITY  OF NEW YORK AT BUFFALO IN SUCH MANNER AND UPON SUCH TERMS AS
THE TRUSTEES SHALL DETERMINE. THE FOREGOING NOTWITHSTANDING,  THE  TRUS-
TEES  MAY PROVIDE FOR THE LEASE OF SUCH REAL PROPERTY FOR PERIODS NOT TO
EXCEED FIFTY YEARS IN SUPPORT OF THE  EDUCATIONAL  AND  OTHER  CORPORATE
PURPOSES  OF  THE  STATE  UNIVERSITY  OF NEW YORK AT BUFFALO, UNLESS THE
SUBJECT PROJECT IS IN CONFLICT WITH THE MISSION OF THE STATE  UNIVERSITY
OF NEW YORK AT BUFFALO, INCLUDING BUT NOT LIMITED TO THE DEVELOPMENT AND
OPERATION  OF  RESEARCH, INCUBATOR, COMMUNITY, HEALTH CARE, RETAIL, FOOD
SERVICE, TELECOMMUNICATION, STUDENT AND FACULTY HOUSING, ENERGY, GOVERN-
MENTAL, SENIOR COMMUNITY,  HOTEL,  CONFERENCE  CENTER  AND  RECREATIONAL

A. 5799                            10

FACILITIES,  AND  FOR  THE  PURPOSE  OF  MAXIMIZING  THE  USE OF NATURAL
RESOURCES; PROVIDED, HOWEVER, THE PRESIDENT OF THE STATE  UNIVERSITY  OF
NEW YORK AT BUFFALO SHALL PROVIDE NOTICE OF ANY SUCH LEASE TO THE CHAIRS
OF  THE SENATE FINANCE COMMITTEE AND THE ASSEMBLY WAYS AND MEANS COMMIT-
TEE AND TO THE DIRECTOR OF THE BUDGET AT  LEAST  THIRTY  DAYS  PRIOR  TO
EXECUTING  SUCH LEASE. THE PROVISIONS OF SECTION ONE HUNDRED SIXTY-SEVEN
OF THE STATE FINANCE LAW NOTWITHSTANDING, THE TRUSTEES MAY  PROVIDE  FOR
THE  SALE,  LEASE, TRANSFER OR CONVEYANCE OF PERSONAL PROPERTY UNDER THE
CUSTODY AND CONTROL OF THE STATE UNIVERSITY OF NEW YORK  AT  BUFFALO  IN
SUCH  MANNER  AND  UPON  SUCH TERMS AS THE TRUSTEES SHALL DETERMINE. THE
PROVISIONS OF SECTION TWENTY-THREE OF THE PUBLIC LANDS LAW  AND  SECTION
ONE  HUNDRED  SIXTY-SEVEN  OF THE STATE FINANCE LAW NOTWITHSTANDING, THE
PROCEEDS FROM THE SALE, LEASE, TRANSFER  OR  CONVEYANCE  OF  STATE-OWNED
REAL PROPERTY COMPRISING ANY PART OF THE CAMPUSES OF THE STATE UNIVERSI-
TY  OF NEW YORK AT BUFFALO OR OF PERSONAL PROPERTY UNDER THE CUSTODY AND
CONTROL OF THE STATE UNIVERSITY OF NEW YORK AT BUFFALO SHALL BE RETAINED
BY THE STATE UNIVERSITY OF NEW YORK AT BUFFALO AND SHALL BE USED BY  THE
STATE  UNIVERSITY  OF  NEW  YORK  AT  BUFFALO  FOR EXPENSES OF THE STATE
UNIVERSITY OF NEW YORK AT BUFFALO.
  S 2. Paragraph s of subdivision 2 of section 355 of the education law,
as amended by chapter 552 of the laws of 1985, is  amended  to  read  as
follows:
  s.  To  lease  or  make available to the state university construction
fund, the dormitory authority or other public benefit  corporation,  the
New  York  state  teachers'  retirement  system [or], the New York state
employees' retirement system OR, IN THE CASE OF STATE-OWNED REAL PROPER-
TY COMPRISING ANY PART OF THE CAMPUSES OF THE STATE  UNIVERSITY  OF  NEW
YORK  AT  BUFFALO,  ANY OTHER PUBLIC OR PRIVATE FOR-PROFIT OR NON-PROFIT
ENTITY, INCLUDING, BUT NOT LIMITED TO, A LOCAL  DEVELOPMENT  CORPORATION
ORGANIZED  UNDER  SECTION  ONE  THOUSAND  FOUR  HUNDRED  ELEVEN  OF  THE
NOT-FOR-PROFIT CORPORATION  LAW  OR  AN  INDUSTRIAL  DEVELOPMENT  AGENCY
ORGANIZED  UNDER  ARTICLE  EIGHTEEN-A  OF  THE  GENERAL MUNICIPAL LAW, a
portion of the grounds or real property  occupied  by  a  state-operated
institution  or  statutory  or  contract  college  for the construction,
acquisition, reconstruction, rehabilitation or improvement  of  academic
buildings,  dormitories  or other facilities thereon pursuant to article
eight-A of this  chapter  and  for  the  purpose  of  facilitating  such
construction,  acquisition,  reconstruction,  rehabilitation or improve-
ment, to enter into leases and  agreements  for  the  use  of  any  such
academic  building,  dormitory  or other facility in accordance with the
provisions of section  three  hundred  seventy-eight  of  this  chapter;
provided,  however,  that  nothing  herein  contained  shall  affect the
provisions of any lease or agreement heretofore executed  by  the  state
university  with  the dormitory authority. The state university trustees
may also enter into agreements with the  state  university  construction
fund,  the  dormitory authority or other public benefit corporation, the
New York state teachers' retirement system  [or],  the  New  York  state
employees'  retirement system AND, IN THE CASE OF STATE-OWNED REAL PROP-
ERTY COMPRISING ANY PART OF THE CAMPUSES OF THE STATE UNIVERSITY OF  NEW
YORK AT BUFFALO, WITH ANY OTHER PUBLIC OR PRIVATE FOR-PROFIT OR NON-PRO-
FIT  ENTITY,  INCLUDING,  BUT  NOT LIMITED TO A LOCAL DEVELOPMENT CORPO-
RATION ORGANIZED UNDER SECTION ONE THOUSAND FOUR HUNDRED ELEVEN  OF  THE
NOT-FOR-PROFIT  CORPORATION  LAW  OR  AN  INDUSTRIAL  DEVELOPMENT AGENCY
ORGANIZED UNDER ARTICLE EIGHTEEN-A OF  THE  GENERAL  MUNICIPAL  LAW,  to
furnish  heat  from  a  central  heating plant to any academic building,
dormitory or other facility erected by them or with moneys  supplied  by

A. 5799                            11

them.  Any such academic building, dormitory or other facility shall not
be subject to taxation for any purpose.
  S  3.  Subdivision 2 of section 355 of the education law is amended by
adding a new paragraph y to read as follows:
  Y.  IN CONNECTION WITH PUBLIC-PRIVATE PARTNERSHIPS IN SUPPORT  OF  THE
CORPORATE  PURPOSES  OF  THE  STATE  UNIVERSITY  OF NEW YORK AT BUFFALO,
INCLUDING, WITHOUT LIMITATION, THE  STATE  UNIVERSITY  OF  NEW  YORK  AT
BUFFALO'S  UB  2020  INITIATIVE, TO PARTICIPATE IN JOINT AND COOPERATIVE
ARRANGEMENTS WITH PUBLIC, NON-PROFIT AND BUSINESS ENTITIES AS  PARTNERS,
JOINT  VENTURERS, MEMBERS OF NON-PROFIT CORPORATIONS, MEMBERS OF LIMITED
LIABILITY COMPANIES AND SHAREHOLDERS OF BUSINESS CORPORATIONS. THE STATE
UNIVERSITY'S PARTICIPATION ON BEHALF OF THE STATE UNIVERSITY OF NEW YORK
AT BUFFALO SHALL BE SUBJECT TO GUIDELINES OF THE STATE  UNIVERSITY  WITH
RESPECT  TO  CONFLICTS  OF INTEREST AND TO ARTICLE FOURTEEN OF THE CIVIL
SERVICE LAW AND THE APPLICABLE  PROVISIONS  OF  AGREEMENTS  BETWEEN  THE
STATE  AND  EMPLOYEE  ORGANIZATIONS  PURSUANT TO ARTICLE FOURTEEN OF THE
CIVIL SERVICE LAW. NOTWITHSTANDING ANY INCONSISTENT PROVISION IN SECTION
EIGHT OF THE COURT OF CLAIMS ACT, THE STATE UNIVERSITY MAY INCLUDE IN  A
CONTRACT  RELATING  TO  SUCH  PARTICIPATION,  OTHER THAN A CONTRACT WITH
STATE EMPLOYEES RELATING TO TERMS AND CONDITIONS OF THEIR EMPLOYMENT,  A
PROVISION  THAT  SOME  OR  ALL DISPUTES ARISING UNDER OR RELATED TO SUCH
CONTRACT SHALL BE RESOLVED BY BINDING ARBITRATION IN ACCORDANCE WITH THE
RULES  OF  A  NATIONALLY-RECOGNIZED  ARBITRATION  ASSOCIATION.   NOTHING
CONTAINED  IN THE PUBLIC OFFICERS LAW OR IN ANY OTHER LAW, RULE OR REGU-
LATION, SHALL BE CONSTRUED OR APPLIED TO PROHIBIT  STATE  UNIVERSITY  OF
NEW  YORK  AT BUFFALO OFFICERS AND EMPLOYEES FROM ENGAGING IN ACTIVITIES
FOR WHICH NO COMPENSATION IS PAID AS DESIGNEES OF THE  STATE  UNIVERSITY
OF  NEW  YORK  AT  BUFFALO IN CONNECTION WITH SUCH JOINT AND COOPERATIVE
ARRANGEMENTS, INCLUDING SERVING AS DESIGNEES OF THE STATE UNIVERSITY  AS
MEMBERS,  SHAREHOLDERS  OR  AS  DIRECTORS  ON  BOARDS OR OTHER GOVERNING
BODIES OF CORPORATIONS OR OTHER ENTITIES.
  S 4. This act shall take effect immediately.

                                 PART C

  Section 1. Section 355 of the education law is amended by  adding  two
new subdivisions 20 and 21 to read as follows:
  20.  NOTWITHSTANDING  THE PROVISIONS OF SUBDIVISION TWO OF SECTION ONE
HUNDRED TWELVE AND SECTIONS ONE HUNDRED FIFTEEN, ONE  HUNDRED  SIXTY-ONE
AND  ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW AND SECTIONS THREE
AND SIX OF THE NEW YORK STATE PRINTING AND PUBLIC DOCUMENTS LAW  OR  ANY
OTHER  LAW TO THE CONTRARY, THE STATE UNIVERSITY TRUSTEES ARE AUTHORIZED
AND EMPOWERED ON BEHALF OF OR WITH RESPECT TO THE  STATE  UNIVERSITY  OF
NEW YORK AT BUFFALO TO:
  A.  (I) PURCHASE MATERIALS, EQUIPMENT AND SUPPLIES, INCLUDING COMPUTER
EQUIPMENT AND MOTOR  VEHICLES,  (II)  EXECUTE  CONTRACTS  FOR  SERVICES,
PERMITS,  LICENSES,  LEASES,  CONTRACTS FOR THE PURCHASE OR SALE OF REAL
PROPERTY, AND CONSTRUCTION CONTRACTS, AND (III) CONTRACT  FOR  PRINTING,
WITHOUT  PRIOR  APPROVAL BY ANY OTHER STATE OFFICER OR AGENCY IN ACCORD-
ANCE WITH GUIDELINES, RULES OR  REGULATIONS  PROMULGATED  BY  THE  STATE
UNIVERSITY  BOARD OF TRUSTEES. GUIDELINES, RULES, OR REGULATIONS PROMUL-
GATED BY THE STATE UNIVERSITY BOARD OF TRUSTEES  SHALL,  TO  THE  EXTENT
PRACTICABLE,   REQUIRE  THAT  COMPETITIVE  PROPOSALS  BE  SOLICITED  FOR
PURCHASES, AND SHALL INCLUDE REQUIREMENTS THAT PURCHASES  AND  CONTRACTS
AUTHORIZED  UNDER THIS SECTION BE AT THE LOWEST AVAILABLE PRICE, INCLUD-
ING CONSIDERATION OF PRICES  AVAILABLE  THROUGH  OTHER  STATE  AGENCIES,

A. 5799                            12

CONSISTENT  WITH  QUALITY  REQUIREMENTS,  AND  AS  WILL BEST PROMOTE THE
PUBLIC INTEREST. SUCH PURCHASES MAY BE MADE DIRECTLY FROM ANY CONTRACTOR
PURSUANT TO ANY CONTRACT FOR COMMODITIES LET BY THE  OFFICE  OF  GENERAL
SERVICES OR ANY OTHER STATE AGENCY;
  B.    ESTABLISH  CASH  ADVANCE  ACCOUNTS FOR THE PURPOSE OF PURCHASING
MATERIALS, SUPPLIES, OR SERVICES, FOR CASH ADVANCES FOR TRAVEL  EXPENSES
AND PER DIEM ALLOWANCES, OR FOR ADVANCE PAYMENT OF WAGES AND SALARY. THE
ACCOUNT  MAY  BE  USED TO PURCHASE SUCH MATERIALS, SUPPLIES, OR SERVICES
WHERE THE AMOUNT OF A SINGLE PURCHASE DOES NOT EXCEED TWO HUNDRED  FIFTY
DOLLARS,  IN  ACCORDANCE  WITH SUCH GUIDELINES AS SHALL BE PRESCRIBED BY
THE STATE UNIVERSITY TRUSTEES.
  C. ESTABLISH GUIDELINES  IN  CONSULTATION  WITH  THE  COMMISSIONER  OF
GENERAL  SERVICES  AUTHORIZING  PARTICIPATION BY THE STATE UNIVERSITY OF
NEW YORK AT BUFFALO IN PROGRAMS ADMINISTERED BY THE  OFFICE  OF  GENERAL
SERVICES FOR THE PURCHASE OF AVAILABLE NEW YORK STATE FOOD PRODUCTS. THE
COMMISSIONER  OF  GENERAL SERVICES SHALL PROVIDE ASSISTANCE TO THE STATE
UNIVERSITY OF NEW YORK AT BUFFALO NECESSARY TO ENABLE THE STATE  UNIVER-
SITY OF NEW YORK AT BUFFALO TO PARTICIPATE IN THESE PROGRAMS.
  21. TO ENTER INTO ANY CONTRACT OR AGREEMENT DEEMED NECESSARY OR ADVIS-
ABLE AFTER CONSULTATION WITH APPROPRIATE STATE AGENCIES FOR CARRYING OUT
THE  OBJECTS  AND  PURPOSES  OF  STATE UNIVERSITY OF NEW YORK AT BUFFALO
WITHOUT PRIOR REVIEW OR APPROVAL BY ANY STATE OFFICER OR AGENCY  INCLUD-
ING  ENERGY  PERFORMANCE  CONTRACTS  (AS DEFINED IN SECTION 9-102 OF THE
ENERGY LAW), ENERGY PROCUREMENT OR SUPPLY CONTRACTS, CONTRACTS OR AGREE-
MENTS WITH NON-PROFIT CORPORATIONS  ORGANIZED  BY  OFFICERS,  EMPLOYEES,
ALUMNI  OR  STUDENTS  OF THE STATE UNIVERSITY OF NEW YORK AT BUFFALO FOR
THE FURTHERANCE OF ITS OBJECTS AND PURPOSES, AS  WELL  AS  CONTRACTS  OR
AGREEMENTS  WITH  ANY STATE UNIVERSITY OF NEW YORK AT BUFFALO CAMPUS-RE-
LATED FOUNDATION, ALUMNI ASSOCIATION OR AFFILIATE THEREOF, ANY  NON-PRO-
FIT  CORPORATION  OR ASSOCIATION ORGANIZED BY THE PRESIDENT OF THE STATE
UNIVERSITY OF NEW YORK AT BUFFALO TO FURTHER ITS PURPOSES OR ANY LIMITED
LIABILITY COMPANY, WHOSE SOLE MEMBER IS ANY OF  THE  FOREGOING  ENTITIES
FOR  THE FURTHERANCE OF THE OBJECTS AND PURPOSES OF THE STATE UNIVERSITY
OF NEW YORK AT BUFFALO, INCLUDING, WITHOUT LIMITATION, THE STATE UNIVER-
SITY OF NEW YORK AT BUFFALO'S UB 2020 INITIATIVE.   CONTRACTS OR  AGREE-
MENTS  ENTERED  INTO WITH THE FEDERAL GOVERNMENT TO ENABLE PARTICIPATION
IN FEDERAL STUDENT LOAN PROGRAMS,  INCLUDING  ANY  AND  ALL  INSTRUMENTS
REQUIRED THEREUNDER, SHALL NOT BE SUBJECT TO THE REQUIREMENTS OF SECTION
FORTY-ONE  OF  THE  STATE FINANCE LAW; PROVIDED, HOWEVER, THAT THE STATE
SHALL NOT BE LIABLE FOR ANY PORTION OF ANY DEFAULTS WHICH IT HAS  AGREED
TO ASSUME PURSUANT TO ANY SUCH AGREEMENT IN AN AMOUNT IN EXCESS OF MONEY
APPROPRIATED  OR  OTHERWISE  LAWFULLY AVAILABLE THEREFOR AT THE TIME THE
LIABILITY FOR PAYMENT ARISES.
  S 2. Subdivisions 2 and 3 of section 112 of the state finance law,  as
amended by chapter 319 of the laws of 1992, paragraph (a) of subdivision
2  as  amended by section 2 of part D of chapter 56 of the laws of 2006,
are amended to read as follows:
  2. (a) Before any contract made for or by any  state  agency,  depart-
ment,  board,  officer, commission, or institution, except the office of
general services AND THE STATE UNIVERSITY OF NEW YORK ACTING  ON  BEHALF
OF OR WITH RESPECT TO THE STATE UNIVERSITY OF NEW YORK AT BUFFALO, shall
be  executed  or  become effective, whenever such contract exceeds fifty
thousand dollars in amount and before any contract made for  or  by  the
office  of general services shall be executed or become effective, when-
ever such contract exceeds eighty-five thousand dollars  in  amount,  it
shall  first  be  approved  by  the  comptroller and filed in his or her

A. 5799                            13

office, provided, however, that the comptroller shall make a final writ-
ten determination with respect to approval of such contract within nine-
ty days of the submission of such contract to his or her  office  unless
the  comptroller shall notify, in writing, the state agency, department,
board, officer, commission, or institution, prior to the  expiration  of
the  ninety day period, and for good cause, of the need for an extension
of not more than fifteen days, or a reasonable period of time agreed  to
by  such state agency, department, board, officer, commission, or insti-
tution and provided, further, that such written determination or  exten-
sion  shall be made part of the procurement record pursuant to paragraph
f of subdivision one of section one hundred sixty-three of this chapter.
  (b) Whenever any liability of any nature shall be incurred by  or  for
any  state  department, board, officer, commission, or institution OTHER
THAN THE STATE UNIVERSITY OF NEW  YORK  ACTING  ON  BEHALF  OF  OR  WITH
RESPECT TO THE STATE UNIVERSITY OF NEW YORK AT BUFFALO, notice that such
liability has been incurred shall be immediately given in writing to the
state comptroller.
  3.  A  contract  or  other  instrument wherein the state or any of its
officers, agencies, boards or commissions OTHER THAN THE STATE UNIVERSI-
TY OF NEW YORK ACTING ON BEHALF OF OR WITH RESPECT TO THE STATE  UNIVER-
SITY  OF  NEW  YORK AT BUFFALO agrees to give a consideration other than
the payment of money, when the value or reasonably  estimated  value  of
such  consideration  exceeds  ten  thousand  dollars, shall not become a
valid enforceable contract unless  such  contract  or  other  instrument
shall first be approved by the comptroller and filed in his office.
  S  3.  Paragraph  a  of  subdivision  1  of section 139-j of the state
finance law, as added by chapter 4 of the laws of 2010,  is  amended  to
read as follows:
  a.  "Governmental  entity"  shall  mean:  (1)  any  department, board,
bureau, commission, division, office, council, committee or  officer  of
the  state, whether permanent or temporary, OTHER THAN THE STATE UNIVER-
SITY OF NEW YORK ACTING ON BEHALF  OF  OR  WITH  RESPECT  TO  THE  STATE
UNIVERSITY  OF NEW YORK AT BUFFALO; (2) each house of the state legisla-
ture; (3) the unified court system; (4)  any  public  authority,  public
benefit corporation or commission created by or existing pursuant to the
public  authorities  law;  (5)  any  public  authority or public benefit
corporation, at least one of whose members is appointed by the  governor
or  who  serves  as  a member by virtue of holding a civil office of the
state; (6) a municipal agency, as that term is defined in paragraph (ii)
of subdivision (s) of section one-c of the legislative  law;  or  (7)  a
subsidiary or affiliate of such a public authority.
  S  4.  Paragraph  a  of  subdivision  1  of section 139-k of the state
finance law, as added by chapter 4 of the laws of 2010,  is  amended  to
read as follows:
  a.  "Governmental  entity"  shall  mean:  (1)  any  department, board,
bureau, commission, division, office, council, committee or  officer  of
the  state, whether permanent or temporary, OTHER THAN THE STATE UNIVER-
SITY OF NEW YORK ACTING ON BEHALF  OF  OR  WITH  RESPECT  TO  THE  STATE
UNIVERSITY  OF NEW YORK AT BUFFALO; (2) each house of the state legisla-
ture; (3) the unified court system; (4)  any  public  authority,  public
benefit corporation or commission created by or existing pursuant to the
public  authorities law; (5) a public authority or public benefit corpo-
ration, at least one of whose members is appointed by  the  governor  or
who serves as a member by virtue of holding a civil office of the state;
(6)  municipal  agency,  as  that  term  is defined in paragraph (ii) of

A. 5799                            14

subdivision (s) of section one-c  of  the  legislative  law;  or  (7)  a
subsidiary or affiliate of such a public authority.
  S 5.  Subparagraph (iv) of paragraph a of subdivision 3 of section 163
of the state finance law, as amended by chapter 430 of the laws of 1997,
is amended to read as follows:
  (iv)  The  commissioner  is  authorized to permit any officer, body or
agency of the state or of a political subdivision or a district therein,
or fire company or volunteer ambulance service as such  are  defined  in
section  one  hundred of the general municipal law, to make purchases of
commodities  through  the  office  of  general   services'   centralized
contracts, pursuant to the provisions of section one hundred four of the
general  municipal  law.  The  commissioner  is authorized to permit any
county extension service association  as  authorized  under  subdivision
eight of section two hundred twenty-four of the county law, or any asso-
ciation  or  other entity as specified in and in accordance with section
one hundred nine-a of the  general  municipal  law,  OR  ANY  NON-PROFIT
CORPORATION  ORGANIZED IN FURTHERANCE OF THE OBJECTS AND PURPOSES OF THE
STATE UNIVERSITY OF NEW YORK AT BUFFALO, or  any  other  association  or
entity  as  specified  in  state  law,  to make purchases of commodities
through the office of general services' centralized contracts; provided,
however, that such entity so empowered shall accept sole  responsibility
for any payment due with respect to such purchase; AND PROVIDED FURTHER,
HOWEVER,  THAT  COMMODITIES  SO  PURCHASED  BY  A NON-PROFIT CORPORATION
ORGANIZED IN FURTHERANCE OF  THE  OBJECTS  AND  PURPOSES  OF  THE  STATE
UNIVERSITY  OF  NEW  YORK AT BUFFALO SHALL NOT BE USED DIRECTLY OR INDI-
RECTLY BY A FOR-PROFIT CORPORATION  OR  OTHER  FOR-PROFIT  ENTITY  WHICH
CONTRACTS WITH THE NON-PROFIT CORPORATION, NOR SHALL SUCH COMMODITIES SO
PURCHASED BY SUCH NON-PROFIT CORPORATION BE OFFERED FOR RESALE.
  S 6.  Paragraph e of subdivision 4 of section 163 of the state finance
law, as amended by chapter 95 of the laws of 2000, is amended to read as
follows:
  [e.  Any officer, body or agency of a political subdivision as defined
in section one hundred of the general municipal law or a district there-
in, may make  purchases  of  services  through  the  office  of  general
services'  centralized contracts for services, subject to the provisions
of section one hundred four of the general municipal  law.  The  commis-
sioner  may  permit  and  prescribe  the  conditions for the purchase of
services through the office of general services'  centralized  contracts
for  services  by  any public authority or public benefit corporation of
the state including the port authority of New York and New  Jersey.  The
commissioner  is  authorized  to  permit any public library, association
library, library  system,  cooperative  library  system,  the  New  York
Library  Association,  and  the  New  York  State Association of Library
Boards or any other library except  those  which  are  operated  by  for
profit  entities,  to  make  purchases of services through the office of
general services' centralized contracts; provided,  however,  that  such
entity so empowered shall accept sole responsibility for any payment due
with respect to such purchase.]
  E.  ANY  OFFICER, BODY OR AGENCY OF A POLITICAL SUBDIVISION AS DEFINED
IN SECTION ONE HUNDRED OF THE GENERAL MUNICIPAL LAW OR A DISTRICT THERE-
IN AND ANY  NON-PROFIT  CORPORATION  ORGANIZED  IN  FURTHERANCE  OF  THE
OBJECTS AND PURPOSES OF THE STATE UNIVERSITY OF NEW YORK AT BUFFALO, MAY
MAKE  PURCHASES  OF  SERVICES  THROUGH  THE  OFFICE OF GENERAL SERVICES'
CENTRALIZED CONTRACTS FOR SERVICES, SUBJECT, IN THE CASE OF  SUCH  POLI-
TICAL SUBDIVISIONS, TO THE PROVISIONS OF SECTION ONE HUNDRED FOUR OF THE
GENERAL  MUNICIPAL  LAW;  PROVIDED,  HOWEVER,  THAT  IN  THE CASE OF ANY

A. 5799                            15

NON-PROFIT CORPORATION ORGANIZED  IN  FURTHERANCE  OF  THE  OBJECTS  AND
PURPOSES OF THE STATE UNIVERSITY OF NEW YORK AT BUFFALO, IT SHALL ACCEPT
SOLE  RESPONSIBILITY  FOR  ANY PAYMENT DUE WITH RESPECT TO SUCH PURCHASE
AND  PROVIDED, FURTHER THAT SERVICES SO PURCHASED BY ANY SUCH NON-PROFIT
CORPORATION SHALL NOT BE USED DIRECTLY OR  INDIRECTLY  BY  A  FOR-PROFIT
CORPORATION OR OTHER FOR-PROFIT ENTITY WHICH CONTRACTS WITH THE NON-PRO-
FIT  ORGANIZATION.  THE COMMISSIONER MAY PERMIT AND PRESCRIBE THE CONDI-
TIONS FOR THE  PURCHASE  OF  SERVICES  THROUGH  THE  OFFICE  OF  GENERAL
SERVICES'  CENTRALIZED CONTRACTS FOR SERVICES BY ANY PUBLIC AUTHORITY OR
PUBLIC BENEFIT CORPORATION OF THE STATE INCLUDING THE PORT AUTHORITY  OF
NEW  YORK  AND  NEW  JERSEY,  OR ANY NON-PROFIT CORPORATION ORGANIZED IN
FURTHERANCE OF THE OBJECTS AND PURPOSES OF THE STATE UNIVERSITY  OF  NEW
YORK  AT  BUFFALO.   THE COMMISSIONER IS AUTHORIZED TO PERMIT ANY PUBLIC
LIBRARY,  ASSOCIATION  LIBRARY,  LIBRARY  SYSTEM,  COOPERATIVE   LIBRARY
SYSTEM, THE NEW YORK LIBRARY ASSOCIATION, AND THE NEW YORK STATE ASSOCI-
ATION  OF  LIBRARY  BOARDS  OR  ANY OTHER LIBRARY EXCEPT THOSE WHICH ARE
OPERATED BY FOR-PROFIT ENTITIES, TO MAKE PURCHASES OF  SERVICES  THROUGH
THE  OFFICE OF GENERAL SERVICES' CENTRALIZED CONTRACTS; PROVIDED, HOWEV-
ER, THAT SUCH ENTITY SO EMPOWERED SHALL ACCEPT SOLE  RESPONSIBILITY  FOR
ANY PAYMENT DUE WITH RESPECT TO SUCH PURCHASE.
  S 7. Paragraph b of subdivision 10 of section 163 of the state finance
law is amended by adding a new subparagraph (iii) to read as follows:
  (III)  THE  PROVISIONS OF SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH
SHALL NOT APPLY TO SINGLE OR SOLE SOURCE PROCUREMENTS  FOR  SERVICES  OR
COMMODITIES  BY  THE STATE UNIVERSITY OF NEW YORK ACTING ON BEHALF OF OR
WITH RESPECT TO THE STATE UNIVERSITY  OF  NEW  YORK  AT  BUFFALO,  WHICH
SINGLE OR SOLE SOURCE PROCUREMENTS SHALL BE MADE IN ACCORDANCE WITH SUCH
RULES  AND GUIDELINES AS MAY BE PROMULGATED BY THE TRUSTEES OF THE STATE
UNIVERSITY OF NEW YORK.
  S 8. Paragraph (e) of subdivision 1 of section 5-a of the tax law,  as
amended  by  section  1  of part L of chapter 62 of the laws of 2006, is
amended to read as follows:
  (e) "Covered agency" means a "state agency" for  purposes  of  article
eleven  of  the  state finance law, the legislature, the judiciary, or a
public authority or public benefit corporation at  least  one  of  whose
members  is  appointed by the governor; PROVIDED, HOWEVER, THAT THE TERM
"COVERED AGENCY" SHALL NOT INCLUDE THE  STATE  UNIVERSITY  OF  NEW  YORK
ACTING  ON BEHALF OF OR WITH RESPECT TO THE STATE UNIVERSITY OF NEW YORK
AT BUFFALO.
  S 9. This act shall take effect immediately; provided,  however,  that
the amendments to section 139-j of the state finance law made by section
three  of this act, the amendments to section 139-k of the state finance
law made by section four of this act, and the amendments to section  163
of  the  state finance law made by sections five, six, and seven of this
act shall not affect the repeal of such sections and shall expire and be
deemed repealed therewith.

                                 PART D

  Section 1. Subdivision 8 of section  355  of  the  education  law,  as
amended  by  chapter  553  of  the  laws  of 1985, is amended to read as
follows:
  8. All moneys received by the state university  of  New  York  and  by
state-operated  institutions thereof from appropriations, tuition, fees,
user charges, sales of products and services and from all other sources,
including sources and activities  of  the  state  university  which  are

A. 5799                            16

intended  by law to be self-supporting may be credited to an appropriate
fund or funds to be designated by the state comptroller. The amounts  so
paid  into  such  fund  or funds which were received by or for the state
university  shall be used for expenses of the state university in carry-
ing out any of its objects and purposes and such amounts received by  or
for  state-operated  institutions  of the state university shall be used
for expenses of the state university under regulations prescribed by the
state university trustees.   NOTWITHSTANDING THE FOREGOING,  ALL  MONEYS
RECEIVED  BY  THE  STATE UNIVERSITY OF NEW YORK AT BUFFALO FROM TUITION,
FEES, USER CHARGES, SALES OF PRODUCTS AND SERVICES, SAVINGS UNDER ENERGY
PERFORMANCE, PROCUREMENT OR SUPPLY CONTRACTS AND FROM SOURCES AND ACTIV-
ITIES OF THE STATE UNIVERSITY OF NEW YORK AT BUFFALO WHICH ARE  INTENDED
BY  LAW  TO BE SELF-SUPPORTING MAY BE CREDITED TO AN APPROPRIATE FUND OR
FUNDS HELD BY THE STATE UNIVERSITY OF NEW YORK AT BUFFALO.  THE  AMOUNTS
SO  PAID INTO SUCH FUND OR FUNDS WHICH WERE RECEIVED BY OR FOR THE STATE
UNIVERSITY OF NEW YORK AT BUFFALO SHALL BE  USED  FOR  EXPENSES  OF  THE
STATE  UNIVERSITY  OF  NEW  YORK  AT  BUFFALO IN CARRYING OUT ANY OF ITS
OBJECTS AND PURPOSES.
  S 2. Section 4 of the state finance law is amended  by  adding  a  new
subdivision 11 to read as follows:
  11.  NOTWITHSTANDING  SUBDIVISION  ONE OF THIS SECTION, MONEYS HELD BY
THE STATE UNIVERSITY OF NEW YORK DERIVED FROM TUITION, FEES, USER CHARG-
ES, SALES OF PRODUCTS AND SERVICES, SAVINGS  UNDER  ENERGY  PERFORMANCE,
PROCUREMENT  OR SUPPLY CONTRACTS AND SOURCES AND ACTIVITIES OF THE STATE
UNIVERSITY OF NEW YORK AT BUFFALO THAT ARE INTENDED TO BE  SELF-SUPPORT-
ING SHALL BE PAID WITHOUT AN APPROPRIATION.
  S 3. Subdivision 2 of section 121 of the state finance law, as amended
by chapter 293 of the laws of 1992, is amended to read as follows:
  2.  There  are  excepted  from  payment to the treasury as provided by
subdivision one of this section: (i) all moneys to which the  provisions
of  subdivision  four  of section four of this chapter apply unless such
moneys are held in a fund subject to appropriation; (ii) moneys held  as
part  of  the  principal  of an endowment of the state university of New
York, units thereof and other state agencies; (III) MONEYS  RECEIVED  BY
THE STATE UNIVERSITY OF NEW YORK DERIVED FROM TUITION, FEES, USER CHARG-
ES,  SALES  OF  PRODUCTS AND SERVICES, SAVINGS UNDER ENERGY PERFORMANCE,
PROCUREMENT OR SUPPLY CONTRACTS AND FROM SOURCES AND ACTIVITIES  OF  THE
STATE  UNIVERSITY  OF  NEW  YORK  AT  BUFFALO  THAT  ARE  INTENDED TO BE
SELF-SUPPORTING, INCLUDING, WITHOUT LIMITATION,  ANY  REVENUE  RESULTING
FROM  TUITION  INCREASES  AT THE STATE UNIVERSITY OF NEW YORK AT BUFFALO
DESCRIBED IN CLAUSE A OF SUBPARAGRAPH FOUR-A OF PARAGRAPH H OF  SUBDIVI-
SION  TWO  OF SECTION THREE HUNDRED FIFTY-FIVE OF THE EDUCATION LAW; and
[(iii)] (IV) moneys received pursuant to a clinical practice plan estab-
lished pursuant to subdivision fourteen of section two  hundred  six  of
the  public health law. In those cases where such moneys are held in the
custody of the state officer other than  the  comptroller,  the  officer
shall  file with the comptroller, at such times as the comptroller shall
determine, a detailed statement, in such form and content as  the  comp-
troller  shall  prescribe,  for the period covered by the statement. The
comptroller shall from time to time, but not less  than  once  in  every
three  years,  examine  the  books  and accounts relating to such moneys
heretofore or hereinafter established, including its receipts, disburse-
ments, investments, and any financial matters. An independent  audit  of
such  moneys  may  be  authorized  by the comptroller in lieu of his own
examination, which examination shall be undertaken within twelve  months
of such authorization.

A. 5799                            17

  S 4. This act shall take effect immediately.

                                 PART E

  Section  1.  Paragraph i of subdivision 2 of section 355 of the educa-
tion law, as amended by chapter 552 of the laws of 1985, is  amended  to
read as follows:
  i.  To  lease  to  alumni  associations  of  institutions of the state
university a portion of the grounds occupied by any institution  of  the
state  university, for the erection thereon of dormitories to be used by
students in attendance at such institutions. The terms of any lease  and
the  character  of the building to be erected shall be determined by the
state university trustees. Such lease, EXCEPT IN THE CASE OF LANDS OCCU-
PIED BY THE STATE UNIVERSITY OF  NEW  YORK  AT  BUFFALO,  prior  to  its
execution,  shall  be submitted to the attorney general for his approval
as to its form, contents and legal effect.  Nothing  contained  in  this
paragraph  shall  affect the provisions of any lease heretofore executed
by a board of visitors of any  state-operated  institution  pursuant  to
law. The state university trustees may similarly enter into an agreement
with  an alumni association of an institution of the state university to
furnish heat from a central heating plant to any  dormitory  erected  by
such  alumni  association.  Any  such  dormitory shall not be subject to
taxation for any purpose.
  S 2. This act shall take effect immediately.
  S 4. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be  adjudged  by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would  have  been  enacted  even  if  such
invalid provisions had not been included herein.
  S  5.  This  act shall take effect immediately provided, however, that
the applicable effective date of Parts A through E of this act shall  be
as specifically set forth in the last section of such Parts.