senate Bill S6854

Signed by Governor Amended

Relates to the extension of the state university of New York at Stony Brook's lease to certain lands

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Bill Status


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

  • 20 / Mar / 2014
    • REFERRED TO HIGHER EDUCATION
  • 29 / Apr / 2014
    • 1ST REPORT CAL.440
  • 30 / Apr / 2014
    • 2ND REPORT CAL.
  • 05 / May / 2014
    • ADVANCED TO THIRD READING
  • 19 / May / 2014
    • AMENDED ON THIRD READING 6854A
  • 28 / May / 2014
    • PASSED SENATE
  • 28 / May / 2014
    • DELIVERED TO ASSEMBLY
  • 28 / May / 2014
    • REFERRED TO WAYS AND MEANS
  • 09 / Jun / 2014
    • SUBSTITUTED FOR A9187A
  • 09 / Jun / 2014
    • ORDERED TO THIRD READING CAL.848
  • 09 / Jun / 2014
    • PASSED ASSEMBLY
  • 09 / Jun / 2014
    • RETURNED TO SENATE
  • 11 / Jul / 2014
    • DELIVERED TO GOVERNOR
  • 22 / Jul / 2014
    • SIGNED CHAP.154

Summary

Relates to the extension of the state university of New York at Stony Brook's lease to certain lands.

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Bill Details

Versions:
S6854
S6854A
Legislative Cycle:
2013-2014
Law Section:
Education

Votes

17
1
17
Aye
1
Nay
1
aye with reservations
0
absent
0
excused
0
abstained
show Higher Education committee vote details

Sponsor Memo

BILL NUMBER:S6854

TITLE OF BILL: An act authorizing the state university of New York at
Stony Brook to lease certain lands

PURPOSE:

To authorize the State University of New York (SUNY) at Stony Brook to
lease certain lands to the Stony Brook Foundation or its affiliate for
the enhancement and expansion of the Simons Center for Geometry and
Physics, which opened in 2010.

SUMMARY OF PROVISIONS:

Section 1: Section 1 outlines the legislative intent of the bill.

Section 2: Section 2 provides that the SUNY Trustees are authorized to
lease without public bidding a portion of lands on the SUNY Stony Brook
campus for the design and construction of an addition to the Simons
Center for Geometry and Physics, upon terms and conditions not to exceed
in the aggregate two years.

Section 3: Section 3 provides that the lessee or contracting not-for-
profit corporation shall comply with article 15-A of the executive law.
Moreover, the lessee or contractor and/or subcontractor is required to
comply with sections 220, 240, and 241 of the labor law. Section 135 of
the state finance law shall not apply to any lease, contract or subcon-
tract entered into pursuant to this act.

Section 4: Section 4 provides that nothing in this act shall be deemed
to waive or impair any rights or benefits of employees of the SUNY that
would otherwise be available to them under article 14 of the civil
service law. Any entity that enters into a contract pursuant to the
provisions of this act shall be considered a university foundation for
the purposes of such agreements pursuant to article 14 of the civil
service law.

Section 5: Section 5 outlines some of the terms and conditions the Trus-
tees' lease or contract may provide for.

Section 6: Section 6 provides that the lease entered into pursuant to
this act shall be subject to approval of the attorney general as to
form, the director of the budget, and the state comptroller.

Section 7: Section 7 provides that the lease shall include an indemnity
provision whereby the lessee agrees to hold harmless and defend the
lessor against all claims, suits, actions, liability and damages to all
persons on the lease premises.

Section 8: Section 8 provides that any contract entered into pursuant to
this act between an education corporation, not-for-profit corporation,
public benefit corporation or any other person or corporation (other

than the state government or any agency thereof) and parties contracting
with such education corporation, not-for-profit corporation, public
benefit corporation or any other person or corporation (other than the
state government or any agency thereof) for the design and construction
only of this facility shall be awarded by a competitive process.

Section 9: Section 9 generally outlines the area to be leased.

Section 10: Section 10 provides that insofar as the provisions of this
act are inconsistent with the provisions of any law, general, special or
local, the provisions of this act shall be controlling.

JUSTIFICATION:

In 2008, legislation was enacted (Chapter 629 of 2008) to allow SUNY
Stony Brook with the opportunity, through the generosity of a private
donor, to create a facility dedicated to advancing knowledge in the
fields of geometry and physics without the need for a request for
proposal process. Such efforts led to what would become the Simons
Center for Geometry and Physics (Simons Center), which has enhanced the
academic mission of the university and provides a unique opportunity for
education, research, and economic benefit to the region, nation, and the
world.

The Simons Center opened in 2010 and is again poised for enhancements
and an expansion of programmatic use. The project additions envisioned
will increase functionality of the facility and expand programmatic use
by adding a second elevator at the north side of the building to serve
the public areas as well as the dining facility. The project will also
add office space and provide a modest increase to the dining area. In
order to make the enhancements through the generosity of a private donor
it is necessary for the SUNY Trustees allow a certain portion of the
state land on the SUNY Stony Brook campus to be leased on a short term
basis. For this specific project, such short term lease will be on terms
and conditions as approved by the Trustees and for no longer than two
years in the aggregate.

By enacting this legislation it would allow a similar act of generosity
by a private donor to provide the support for the expansion and enhance-
ment of the Simons Center on the campus of SUNY Stony Brook.

LEGISLATIVE HISTORY:

This is a new bill. Similar legislation was enacted in 2008 (Chapter 629
of the Laws of 2008).

FISCAL IMPLICATIONS:

None to the State.

EFFECTIVE DATE:

This act shall take effect immediately.

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

                                  6854

                            I N  S E N A T E

                             March 20, 2014
                               ___________

Introduced by Sens. FLANAGAN, LAVALLE -- read twice and ordered printed,
  and when printed to be committed to the Committee on Higher Education

AN  ACT  authorizing  the state university of New York at Stony Brook to
  lease certain lands

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

  Section  1.  Legislative  findings.  Chapter  629  of the Laws of 2008
provided the state university of New York at Stony Brook with the oppor-
tunity through the generosity of a private donor to  create  a  facility
dedicated  to advancing knowledge in the fields of geometry and physics.
In furtherance thereof, the legislature determined that  the  university
foundation  of  the  state university of New York at Stony Brook was the
appropriate body to design and construct a Center for Geometry and Phys-
ics adjacent to existing  campus  facilities,  which  has  enhanced  the
academic mission of the university and provides a unique opportunity for
education,  research  and economic benefit to the region, nation and the
world.
  The Simons Center for Geometry and Physics, which opened in  2010,  is
poised  for  enhancement and expansion of programmatic use. The building
as well as the program is divided into two  distinct  areas:  the  lower
floors, which are public areas, including a dining facility; and the top
three  floors,  which  are  secure  areas and house faculty and research
areas. The project addition envisioned will  increase  functionality  of
the  facility and expand programmatic use by adding a second elevator at
the north side of the building to serve the public areas as well as  the
dining  facility.  The  project also will add office space and provide a
modest increase to the dining area.
  The legislature further finds that the state university  of  New  York
and  the state university of New York at Stony Brook will benefit if the
design and construction of  the  project  addition  is  assumed  by  the
university  foundation  only  until such time as the project addition is
completed. The legislature determines that the academic mission and  the
goals  of  the  state  university of New York at Stony Brook in the full
utilization of the properties in furtherance of its mission, can be best

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13787-02-4

S. 6854                             2

served by the university foundation and the private resources  to  which
it  has  access.  The  university  foundation shall mean the Stony Brook
Foundation or its affiliate, the Stony Brook  Foundation  Realty,  which
are  501(c)(3) not-for-profit corporations, the purposes of which are to
support the university's  educational  mission  to  acquire  and  manage
campus  real  and  personal  property,  to enhance the region's academic
offerings, and to stimulate the economy both locally and throughout  New
York state.
  S  2.  The  state  university  trustees are hereby authorized to lease
without any public bidding a portion of the lands of the state universi-
ty of New York at Stony Brook generally described in  this  act  to  the
university  foundation  of such university at Stony Brook for the design
and construction only of an addition to  the  Simons  Center  upon  such
terms and conditions as the trustees deem advisable not to exceed in the
aggregate  two  years.  No  such  contract  or  lease for the design and
construction only of such  addition  shall  provide  for  a  fee  simple
conveyance  of  the underlying land. If the real property shall cease to
be used for the purposes described in this act said  lease  shall  imme-
diately  terminate  and  the  real property and any improvements thereon
shall revert to the state university of New York. Any contract or  lease
entered  into pursuant to this act for such design and construction only
shall provide that the real property which is the subject of such  lease
or  contract  and  any  improvements  thereon  shall revert to the state
university of New York on the expiration of such contract or lease.  The
description  of  the parcel to be leased pursuant to this section is not
meant to be a legal description but is intended  only  to  identify  the
parcel and improvements to be leased.
  S  3.  Any contract or lease entered into by the trustees of the state
university of New York for the design  and  construction  only  of  this
addition  pursuant  to  this act shall require the lessee or contracting
not-for-profit corporation to comply with the  requirements  of  article
15-A  of the executive law. Notwithstanding any other law to the contra-
ry, any contract or lease for  construction,  rehabilitation,  or  other
improvement  authorized  by section five of this act entered into by the
trustees shall require the lessee or contractor and/or subcontractor  to
comply  with  the requirements of sections 220, 240 and 241 of the labor
law, where applicable. Section 135 of the state finance  law  shall  not
apply  to  any  lease,  contract or subcontract entered into pursuant to
this act.
  S 4. Nothing in this act shall be deemed to waive or impair any rights
or benefits of employees of the state university of New York that other-
wise would be available to them pursuant  to  the  terms  of  agreements
between the certified representatives of such employees and the state of
New  York  pursuant  to article 14 of the civil service law.  Any entity
that enters into a contract pursuant to the provisions of this act shall
be considered a university foundation for the purposes of  the  applica-
tion of such agreements pursuant to article 14 of the civil service law.
  S 5. By way of example and not limitation, the terms and conditions of
the  trustees'  lease  or contract may provide for leasing construction,
reconstruction, rehabilitation, improvement and provisions  of  services
and assistance for the design and construction only of such addition and
the  granting  of licenses, easements and other arrangements with regard
to such grounds and facilities by the university foundation and  parties
contracting   with   the   university  foundation  for  the  design  and
construction only of such addition, and, in connection with such  activ-
ities, the obtaining of funding or financing, whether public or private,

S. 6854                             3

unsecured  or secured (including but not limited to secured by leasehold
mortgages and assignments of rents and leases), by the university  foun-
dation  and  parties contracting with the university foundation, for the
purpose of completing the project described above.
  S  6.  The lease entered into pursuant to this act shall be subject to
approval of the attorney general as to form, the director of the  budget
and the state comptroller.
  S 7. The lease shall include an indemnity provision whereby the lessee
or  sublessee promises to indemnify, hold harmless and defend the lessor
against all claims, suits, actions, liability and damages to all persons
on the leased premises, including the tenant, tenant's  agents,  employ-
ees, contractors, subcontractors, customers, guests, licensees, invitees
and  members  of  the  public  for damage to any such person's property,
whether real or  personal  or  for  personal  injuries  arising  out  of
tenant's use or occupation of the demised premises.
  S 8. Any contracts entered into pursuant to this act between an educa-
tion corporation, not-for-profit corporation, public benefit corporation
or  any  other person or corporation (other than the state government or
any agency thereof) and parties contracting with such  education  corpo-
ration,  not-for-profit  corporation,  public benefit corporation or any
other person or corporation (other than  the  state  government  or  any
agency  thereof)  for  the design and construction only of this facility
shall be awarded by a competitive process.
  S 9. The property authorized by this act to be leased to the universi-
ty foundation at Stony Brook is generally described as a portion of that
parcel of real property with improvements thereon situated on  the  west
campus  of the state university of New York at Stony Brook consisting of
approximately 235,000 square feet of land bounded  as  follows:  on  the
north  approximately 250 feet west from the corner of the Graduate Phys-
ics building to Toll Drive on the  west,  south  along  Toll  Drive  for
approximately  600  feet  on  the south 550 feet east along the southern
edge of the parking lot, on the east 250 feet due  north  then  approxi-
mately  300  feet  along  the  southern  and  eastern  faces of the Math
Tower/Graduate Physics building back to its north edge.
  S 10. Insofar as the provisions of this act are inconsistent with  the
provisions of any law, general, special or local, the provisions of this
act shall be controlling.
  S 11. This act shall take effect immediately.

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