S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9980
 
                           I N  A S S E M B L Y
 
                              April 28, 2022
                                ___________
 
 Introduced  by  M.  of  A.  JEAN-PIERRE -- read once and referred to the
   Committee on Higher Education
 
 AN ACT in relation to authorizing the state university of  New  York  at
   Farmingdale  to  lease certain lands to the Farmingdale state develop-
   ment corporation
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. Legislative findings. The legislature finds that the state
 university of New York  at  Farmingdale  ("Farmingdale")  seeks  to  use
 approximately 16 acres of underutilized land on Farmingdale's campus for
 the purpose of the creation of multiple lacrosse and multi-sport athlet-
 ic  fields.  One  of the nation's leading youth sports tournament firms,
 has indicated a desire to develop these parcels at  the  firm's  expense
 which  would  present an opportunity to generate significant revenue for
 Farmingdale and offers the unique prospect of  rendering  Farmingdale  a
 desired destination for athletic tournaments, camps and clinics.
   The  legislature further finds that the location and operation of this
 facility  would  provide  opportunities   for   students   enrolled   in
 Farmingdale's Sports Management Program to participate in applied learn-
 ing and receive direct, hands-on access to myriad aspects of this indus-
 try.
   The  legislature  further finds that Farmingdale is ideally suited for
 such a successful venture, with proximity along the border of Nassau and
 Suffolk counties known as the Route 110 corridor;  Farmingdale  controls
 and  maintains  vacant  land  throughout  the  corridor  and  in several
 locations  on  its  campus.  This  partnership  opportunity  will  raise
 Farmingdale's  campus profile, diversify its revenue stream and position
 Farmingdale as a prominent member of the Long Island economy.  Moreover,
 this  partnership  opportunity  fulfills  a  necessary  and vital public
 purpose.
   Finally, the legislature finds that granting the trustees of the State
 University of New York the authority and power to  lease  and  otherwise
 contract  to  make available grounds and facilities of the campus of the
 State University of New York at Farmingdale will  ensure  such  activity
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15192-03-2
 A. 9980                             2
 
 will promote the provision of educational and athletic opportunities for
 Farmingdale and the surrounding community.
   §  2. Notwithstanding any other law to the contrary, the state Univer-
 sity Trustees are authorized and empowered, without any public  bidding,
 to  lease  and otherwise contract to make available to Farmingdale state
 development  corporation,  a  not-for-profit  corporation  (the  "ground
 lessee"),  a  portion of the lands of the university generally described
 in this act for the purpose of developing, constructing, maintaining and
 operating a multi-purpose athletic facility to support the provision  of
 athletic  tournaments,  camps, clinics and other opportunities for Farm-
 ingdale students and local community residents. Such lease  or  contract
 shall  be  for  a  period  not exceeding 30 years without any fee simple
 conveyance and otherwise upon terms and conditions  determined  by  such
 trustees, subject to the approval of the director of the division of the
 budget,  the  attorney  general  and the state comptroller. In the event
 that the real property that is the subject of  such  lease  or  contract
 shall cease to be used for the purpose described in this act, such lease
 or  contract  shall  immediately terminate and the real property and any
 improvements thereon shall revert to the state university of  New  York.
 Any  lease  or  contract entered into pursuant to this act shall provide
 that the real property that 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.
   §  3. Any contract or lease entered into pursuant to this act shall be
 deemed to be a state contract for purposes of article 15-A of the execu-
 tive law, and any contractor, subcontractor, lessee or sublessee  enter-
 ing into such contract or lease for the construction, demolition, recon-
 struction, excavation, rehabilitation, repair, renovation, alteration or
 improvement  authorized  pursuant  to  this  act shall be deemed a state
 agency for the purposes of article 15-A of the executive law and subject
 to the provisions of such article.
   § 4. Notwithstanding any general, special or  local  law  or  judicial
 decision  to the contrary, all work performed on a project authorized by
 this act where all or any portion thereof involves a lease or  agreement
 for  construction,  demolition,  reconstruction,  excavation,  rehabili-
 tation, repair, renovation, alteration or improvement  shall  be  deemed
 public work and shall be subject to and performed in accordance with the
 provisions  of  article 8 of the labor law to the same extent and in the
 same manner as a contract of the state,  and  compliance  with  all  the
 provisions  of  article  8  of  the  labor  law shall be required of any
 lessee, sublessee, contractor or subcontractor on the project, including
 the enforcement of prevailing wage requirements by the fiscal officer as
 defined in paragraph e of subdivision 5 of section 220 of the labor  law
 to the same extent as a contract of the state.
   §  5. Notwithstanding any law, rule or regulation to the contrary, the
 state university of New York shall not contract out to Farmingdale state
 development corporation or any subsidiary for  the  instruction  or  any
 pedagogical  functions  or services, or any administrative services, and
 similar professional services currently being performed by state employ-
 ees. All such functions and services shall be performed by state employ-
 ees pursuant to the civil service law. Nothing in this act shall  result
 in  the  displacement of any currently employed state worker or the loss
 of position (including partial displacement such  as  reduction  in  the
 hours  of  non-overtime, wages or employment benefits), or result in the
 impairment of existing contracts for services or  collective  bargaining
 rights  pursuant  to existing agreements. All positions currently at the
 A. 9980                             3
 
 state university of New York in the unclassified service  of  the  civil
 service  law  shall  remain  in the unclassified service. No services or
 work on the property described in this act currently performed by public
 employees or future work that is similar in scope and nature to the work
 being currently performed by public employees shall be contracted out or
 privatized by the state university of New York or by an affiliated enti-
 ty  or  associated  entity of the state university of New York. All such
 future work shall be performed by public employees.
   § 6. For the purposes of this act: (a) "project" shall  mean  work  at
 the  property  authorized  by this act to be leased to Farmingdale state
 development corporation as described in section twelve of this act  that
 involves  the  design,  construction,  reconstruction, demolition, exca-
 vation, rehabilitation, repair, renovation, alteration or improvement of
 Farmingdale state development corporation property.
   (b)  "project  labor  agreement"  shall  mean  a  pre-hire  collective
 bargaining  agreement  between  a  contractor  and a labor organization,
 establishing the labor organization as the collective bargaining  repre-
 sentative  for  all  persons  who  will perform work on the project, and
 which provides that only contractors and subcontractors who sign a  pre-
 negotiated  agreement  with  the  labor organization can perform project
 work.
   § 7. 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; all work
 performed on such property that ordinarily would be performed by employ-
 ees subject to article 14 of the civil service law shall continue to  be
 performed by such employees.
   §  8. Notwithstanding the provisions of any general, special, or local
 law or judicial decision to the contrary:
   (a) Farmingdale state development corporation may require a contractor
 awarded a contract, subcontract, lease, grant, bond, covenant  or  other
 agreement  for  a project to enter into a project labor agreement during
 and for the work involved with such project  when  such  requirement  is
 part   of   Farmingdale  state  development  corporation's  request  for
 proposals for the project and when  the  Farmingdale  state  development
 corporation  determines that the record supporting the decision to enter
 into such an agreement establishes that  the  interests  underlying  the
 competitive  bidding  laws  are  best  met  by requiring a project labor
 agreement including: obtaining the best  work  at  the  lowest  possible
 price; preventing favoritism, fraud and corruption; the impact of delay;
 the possibility of cost savings; and any local history of labor unrest.
   (b)  If  Farmingdale  state development corporation does not require a
 project labor agreement,  then  any  contractor,  subcontractor,  lease,
 grant, bond, covenant or other agreements for a project shall be awarded
 pursuant to section 135 of the state finance law.
   § 9. Without limiting the determination of the terms and conditions of
 such  contracts  or  leases,  such  terms and conditions may provide for
 leasing,  subleasing,  construction,   reconstruction,   rehabilitation,
 improvement,  operation  and management of and provision of services and
 assistance and the granting of licenses, easements  and  other  arrange-
 ments  with  regard  to such grounds and facilities by Farmingdale state
 development corporation, and parties contracting with Farmingdale  state
 development  corporation,  and  in  connection with such activities, the
 obtaining of funding or financing, whether public or private,  unsecured
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 or  secured  (including,  but not limited to, secured by leasehold mort-
 gages and assignments of rents and leases), by Farmingdale state  devel-
 opment corporation and parties contracting with Farmingdale state devel-
 opment  corporation for the purposes of completing the project described
 in this act.
   § 10. Such 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, and liability to all  persons
 on  the leased premises, including tenant, tenant's agents, contractors,
 subcontractors, employees, 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.
   § 11. Any contracts entered into pursuant  to  this  act  between  the
 ground  lessee  and  parties contracting with the ground lessee shall be
 awarded by a competitive process.
   § 12. The property authorized by this act to be leased to  Farmingdale
 state  development  corporation is generally described as that parcel of
 real property with improvements thereon consisting  of  a  total  of  16
 acres  situated  on  the  campus  of the State University of New York at
 Farmingdale. The description in this section of the parcel  to  be  made
 available  pursuant  to this act is not meant to be a legal description,
 but is intended only to identify the parcel:
   All that certain plot, piece or parcel of  land,  situate,  lying  and
 being  at  Melville,  Town of Huntington, County of Suffolk and State of
 New York, being more particularly bounded and described as follows:
   BEGINNING at a point at the southeast corner of the parcel about to be
 described, said point also being the southwest corner of a parcel leased
 from the people of the State of New York acting by and through the State
 University of New  York  to  Broad  Hollow  Bioscience  Park,  Inc.,  as
 described  in  a  Ground Lease document, dated June 17, 2011, said point
 also being the following six (6) courses from the intersection formed by
 the southerly line of a NYSDOT detention pond as  shown  on  Acquisition
 Map  289  T  Parcel  324, with the westerly side of New York State Route
 110;
   RUNNING THENCE along said westerly side of New York State  Route  110,
 South 00 degrees 22 minutes 45 seconds East 573.44 feet;
   THENCE through the lands now or formerly of the People of the State of
 New  York for the State University of New York at Farmingdale Campus the
 remaining five (5) courses;
   THENCE South 11 degrees 37 minutes 49 seconds West 211.11  feet  to  a
 point of curvature;
   THENCE  along the arc of a tangent curve to the right, having a radius
 390.49 feet and a length of 422.88 feet;
   THENCE North 45 degrees 00 minutes 49 seconds West 964.56  feet  to  a
 point of curvature;
   THENCE  along  the arc of a tangent curve to the left, having a radius
 462.83 feet and a length of 724.84 feet;
   THENCE North 44 degrees 41 minutes 38 seconds West 60.00 feet  to  the
 point of beginning;
   THENCE  continuing through said lands now or formerly of the People of
 the State of New York for the State University of New York  at  Farming-
 dale Campus the following nine (9) courses;
   THENCE North 43 degrees 22 minutes 32 seconds West 196.74 feet;
   THENCE North 37 degrees 41 minutes 34 seconds East 108.16 feet;
   THENCE North 05 degrees 41 minutes 52 seconds West 104.55 feet;
 A. 9980                             5

   THENCE North 44 degrees 33 minutes 30 seconds West 388.99 feet;
   THENCE North 57 degrees 50 minutes 07 seconds East 161.52 feet;
   THENCE North 24 degrees 56 minutes 49 seconds East 812.41 feet, to the
 southerly  line  of  an  electric  easement  to N/F Long Island Lighting
 Company, as described in Liber 4239 pg. 474, dated November 16, 1956, on
 file at the Suffolk County Clerk's Office, and shown on a  survey  known
 as Map No. 3007 by A. J. Edwards & T.S. Prime, dated January 28, 1955;
   THENCE along said southerly easement line, South 64 degrees 29 minutes
 07  seconds  East  598.00  feet,  to a point on the westerly line of the
 aforesaid leased parcel;
   THENCE along said westerly line of the leased parcel, South 27 degrees
 08 minutes 01 seconds West 1174.14 feet;
   THENCE continuing along said westerly line of the leased parcel, South
 45 degrees 18 minutes 22 seconds West 184.68 feet, to THE POINT OR PLACE
 OF BEGINNING.
   Containing: 15.396 acres, more or less. Subject to all existing  ease-
 ments and restrictions of record.
   § 13. The state university of New York shall not lease lands described
 in  this  act  unless any such lease shall be executed within 5 years of
 the effective date of this act.
   § 14. 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.
   § 15. This act shall take effect immediately.