senate Bill S3215

Relates to tuition increases, leasing, contracting, and the overall daily operation at the State University of New York at Buffalo

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 11 / Feb / 2011
    • REFERRED TO FINANCE
  • 04 / Jan / 2012
    • REFERRED TO FINANCE

Summary

Relates to tuition increases, leasing, contracting, and the overall daily operation at the State University of New York at Buffalo.

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Bill Details

Versions:
S3215
Legislative Cycle:
2011-2012
Current Committee:
Senate Finance
Law Section:
Education Law
Laws Affected:
Amd §§355, 373 & 376, Ed L; amd §§1676 & 1680, Pub Auth L; amd §§891-a & 914-a, Gen Muni L; amd §5-a, Tax L; amd §§112, 139-j, 139-k, 163, 4 & 121, St Fin L

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BILL NUMBER:S3215

TITLE OF BILL:
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); 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); and
to direct the chancellor of the state university of New York and the
comptroller of the state of New York to conduct a three year study of
the "UB 2020 flexibility and economic growth act" (Part F)

PURPOSE:
To allow the University at Buffalo greater flexibility and autonomy in
regard to leasing, contracting, tuition increases, and the overall daily
operation at the University.

SUMMARY OF SPECIFIC PROVISIONS:
This act shall be known as the "UB 2020 Flexibility and Economic Growth
Act."
The legislation amends various sections of the Education Law, the Public
Authorities Law, the General Municipal Law, the State Finance Law, and
the Tax Law.

JUSTIFICATION:
Under the current economic climate, New York State must develop a
globally competitive, diversified economy. As New York's leading public
research university, the provisions detailed in this legislation will
transform the university at Buffalo into a model twenty-first century
public university. This transformation will reinvigorate the Western New
York region, spur the local economy and improve the quality of life of
its residents.

PRIOR LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately, with provisions.

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

                                  3215

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 11, 2011
                               ___________

Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

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);  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);
  and to direct the chancellor of the state university of New  York  and
  the comptroller of the state of New York to conduct a three year study
  of the "UB 2020 flexibility and economic growth act" (Part F)

  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06328-05-1

S. 3215                             2

academic research capabilities, the University is the ideal candidate to
pilot  a  number  of  reforms  recently  proposed  by the New York State
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 F.  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.] AND PROVIDED FURTHER, THAT,
  A. COMMENCING WITH THE  TWO  THOUSAND  TWELVE--TWO  THOUSAND  THIRTEEN
ACADEMIC  YEAR,  THE  PRESIDENT  OF  THE STATE UNIVERSITY OF NEW YORK AT
BUFFALO, IN CONSULTATION WITH THE  UNIVERSITY  AT  BUFFALO  COUNCIL,  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  WITHOUT  THE
PRIOR APPROVAL OF THE TRUSTEES IN ACCORDANCE WITH THE FOLLOWING:
  (I)  TUITION FOR STUDENTS ENROLLED IN ANY PARTICULAR UNDERGRADUATE AND
GRADUATE DEGREE  GRANTING  PROGRAM,  INCLUDING  IN-STATE,  OUT-OF-STATE,

S. 3215                             3

FULL-TIME  AND  PART-TIME  STUDENTS,  MAY  BE INCREASED EACH YEAR TO THE
PUBLIC INSTITUTION MEAN TUITION AS MOST RECENTLY REPORTED BY THE  AMERI-
CAN  ASSOCIATION OF UNIVERSITIES FOR EACH SUCH PROGRAM, PROVIDED, HOWEV-
ER, THAT EACH SUCH ANNUAL INCREASE MAY NOT EXCEED 1.5 TIMES THE PERCENT-
AGE INCREASE IN THE MOST RECENTLY PUBLISHED HIGHER EDUCATION PRICE INDEX
(HEPI) AS PROMULGATED BY THE COMMONFUND INSTITUTE.
  (II) TUITION FOR STUDENTS ENROLLED IN PROFESSIONAL PROGRAMS 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 BUSINESS ADMINISTRATION, MAY BE INCREASED EACH
YEAR TO THE PUBLIC INSTITUTION MEAN TUITION AS MOST RECENTLY REPORTED BY
THE  AMERICAN  ASSOCIATION  OF  UNIVERSITIES  FOR  EACH  SUCH   PROGRAM,
PROVIDED, HOWEVER, THAT EACH SUCH ANNUAL INCREASE MAY NOT EXCEED FIFTEEN
PERCENT.
  B.  PROPOSED TUITION INCREASES FOR STUDENTS AT THE STATE UNIVERSITY OF
NEW YORK AT BUFFALO THAT EXCEED THE INCREASES DESCRIBED IN CLAUSE  A  OF
THIS SUBPARAGRAPH MUST BE APPROVED BY THE TRUSTEES PRIOR TO BEING IMPLE-
MENTED.
  C.  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 THE LEVEL
OF SUCH SUPPORT, PAYMENTS AND APPROPRIATIONS AFFORDED THE STATE  UNIVER-
SITY OF NEW YORK AT BUFFALO IN COMPARISON TO SUCH OTHER INSTITUTIONS FOR
THE TWO THOUSAND TEN--TWO THOUSAND ELEVEN STATE FISCAL YEAR.
  D. 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  TWELVE--TWO
THOUSAND  THIRTEEN  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

S. 3215                             4

STUDENTS  AT THE STATE UNIVERSITY OF NEW YORK AT BUFFALO AS THE BASE TAP
AMOUNT FOR SUCH STUDENTS.
  E.  A  PORTION  OF  THE  NET  TUITION REVENUE GENERATED BY THE TUITION
INCREASES DESCRIBED IN CLAUSE A OF THIS SUBPARAGRAPH,  TO  BE  NOT  LESS
THAN TEN PERCENT NOR MORE THAN TWENTY PERCENT OF SUCH NET TUITION REVEN-
UE,   SHALL   BE   DIRECTED   TO   FINANCIAL   AID  PROGRAMS  TO  ASSIST
FINANCIALLY-DISADVANTAGED STUDENTS IN THE CORRESPONDING STATE UNIVERSITY
OF NEW YORK AT BUFFALO DEGREE GRANTING PROGRAM.
  F. 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.
  G.  ALL MONEYS RECEIVED BY THE STATE UNIVERSITY OF NEW YORK AT BUFFALO
FOR TUITION INCREASES DESCRIBED IN CLAUSE A OF THIS  SUBPARAGRAPH  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

S. 3215                             5

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 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-

S. 3215                             6

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, 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,

S. 3215                             7

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  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

S. 3215                             8

STATE  FINANCE  LAW  OR ANY OTHER LAW, 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, 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

S. 3215                             9

president of the senate and the speaker of the assembly  on  the  effec-
tiveness  of  the reforms enacted in this legislation. Specifically, the
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

S. 3215                            10

SERVICE, TELECOMMUNICATION, STUDENT AND FACULTY HOUSING, ENERGY, GOVERN-
MENTAL, SENIOR COMMUNITY,  HOTEL,  CONFERENCE  CENTER  AND  RECREATIONAL
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

S. 3215                            11

furnish heat from a central heating  plant  to  any  academic  building,
dormitory  or  other facility erected by them or with moneys supplied by
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

S. 3215                            12

AUTHORIZED  UNDER THIS SECTION BE AT THE LOWEST AVAILABLE PRICE, INCLUD-
ING CONSIDERATION OF PRICES  AVAILABLE  THROUGH  OTHER  STATE  AGENCIES,
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-

S. 3215                            13

ever  such  contract  exceeds eighty-five thousand dollars in amount, it
shall first be approved by the comptroller  and  filed  in  his  or  her
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;

S. 3215                            14

(6) 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 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

S. 3215                            15

GENERAL  MUNICIPAL  LAW;  PROVIDED,  HOWEVER,  THAT  IN  THE CASE OF ANY
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,

S. 3215                            16

including  sources  and  activities  of  the  state university which are
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,  INCLUDING,  THE STATE UNIVERSITY OF NEW YORK AT
BUFFALO'S UB 2020 INITIATIVE.
  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 OF PARAGRAPH H OF SUBDIVISION
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

S. 3215                            17

examination,  which examination shall be undertaken within twelve months
of such authorization.
  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.

                                 PART F

  Section 1. The chancellor of the  State  University  of  New  York  in
conjunction  with the comptroller of the State of New York shall conduct
a comprehensive three year study of the "UB 2020 flexibility and econom-
ic growth act". Such report shall be completed by October 1, 2014.   The
findings  of  such  study shall be in the form of a detailed report that
shall include but not be  limited  to:  (i)  a  financial  detailing  of
tuition  increases  for  each  year following the effective date of this
act; (ii) the annual faculty workforce size for  each  year;  (iii)  the
number of class offerings each year by degree granting program following
the  effective  date  of  this  act;  and  (iv)  a  three  year  capital
construction report providing an analysis of the provisions of this  act
and  their effect on the cost of construction projects of the University
of Buffalo. Such report shall also provide a comparative analysis of the
University of Buffalo and the  remaining  University  Centers  including
University at Stony Brook, University at Albany and Binghamton Universi-
ty. Such comparison shall analyze tuition differences, faculty workforce
levels,  program  offerings  by  degree granting programs, grant awards,
facilities conditions, facilities differences and shall  include  recom-
mendations for the State University of New York.
  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

S. 3215                            18

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 F of this act shall  be
as specifically set forth in the last section of such Parts.

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