S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9079
 
                             I N  S E N A T E
 
                              April 16, 2024
                                ___________
 
 Introduced  by  Sen. PALUMBO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Higher Education
 
 AN ACT relating to authorizing the state university of New York at Stony
   Brook to lease certain lands for the purpose of constructing a facili-
   ty to support research and development to address the  national  semi-
   conductor  chip  shortage  and  related  environmental  sustainability
   issues
 
   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 Stony Brook ("Stony  Brook")  is  in  need  of
 additional  facilities  to support the research and development needs of
 faculty, staff, students, and the community and seeks  to  use  approxi-
 mately  8  acres  of  underutilized  land  on Stony Brook's Research and
 Development Park to build a  facility  to  address  these  research  and
 development  needs, which may include supporting services to address the
 national semiconductor chip shortage and related environmental sustaina-
 bility issues, fulfilling a necessary and vital  public  purpose.    The
 legislature  further  finds  that  granting  the  trustees  of the State
 University of New York the authority and power to  lease  and  otherwise
 contract  to  make available grounds and facilities of the campus of the
 State University of New York at Stony Brook will  ensure  such  land  is
 utilized for the benefit of Stony Brook and the surrounding community.
   §  2. Notwithstanding any other law to the contrary, the State Univer-
 sity of New York trustees are  authorized  and  empowered,  without  any
 public  bidding,  to lease and otherwise contract to make available to a
 ground lessee a  portion  of  the  lands  of  the  university  generally
 described in this act for the purpose of developing, constructing, main-
 taining and operating a facility to support the research and development
 needs  of faculty, staff, students, and the community, which may include
 supporting services to address the national semiconductor chip  shortage
 and  related environmental sustainability issues. Such lease or contract
 shall be for a period not exceeding ninety-nine (99) years  without  any
 fee simple conveyance and otherwise upon terms and conditions determined
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15152-01-4
 S. 9079                             2
 
 by  such  trustees, subject to the approval of the director of the divi-
 sion 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  Univer-
 sity  of New York on the expiration of such contract or lease. The allo-
 cation of any and all proceeds related to the leases authorized by  this
 act shall be subject to approval by the state university trustees.
   §  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. 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 the ground lessee,
 and parties contracting with the ground lessee, and in  connection  with
 such  activities,  the obtaining of funding or financing, whether public
 or private, unsecured or secured (including, but not limited to, secured
 by leasehold mortgages and assignments of  rents  and  leases),  by  the
 ground  lessee  and  parties  contracting with the ground lessee for the
 purposes of completing the project described in this act.
   § 6. 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.
   § 7. 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.
 S. 9079                             3
 
   § 8. The property authorized by this act to be leased  to  the  ground
 lessee  is generally described as approximately 8 acres of land situated
 on Stony Brook's Research and Development Park within the town of Brook-
 haven, county of Suffolk, state of New York, commencing  at  a  concrete
 monument  found  on  the  southwesterly sideline of Stony Brook road (66
 feet wide) where the same is intersected by the dividing line of section
 273, block 1, lot 3 to the north with the northerly line of the subdivi-
 sion known as "Map of University Heights at Flowerfield, Section No. 6",
 filed September 27, 1965 as  map  no.  4479,  to  the  South.  the  said
 commencement  point  having  state  plane  coordinate  values  of, North
 268163.304 and East 1224698.785,  and  running  the  following  two  (2)
 courses to the point of beginning:
   A)  along  the  said  dividing  line,  South  61 degrees 59 minutes 05
 seconds West, a distance of 395.30 feet; thence
   B) along the same, South 51 degrees 07  minutes  47  seconds  West,  a
 distance  of 584.24 feet to the point of beginning.  From the said point
 of beginning, running; thence
   1) continuing along the aforementioned dividing line, South 51 degrees
 07 minutes 47 seconds West, a distance of 406.75 feet;  thence  crossing
 into aforementioned lot 1 the following four (4) courses:
   2)  North 38 degrees 52 minutes 13 seconds west, a distance of 1152.33
 feet to a point on  the  southeasterly  side  of  development  drive,  a
 private roadway of undesignated width; thence
   3)  following  the  said  side of development drive, on a curve to the
 right having a radius of 3485.50 feet, a central angle of 03 degrees  09
 minutes  38 seconds and an arc length of 192.27 feet, the chord of which
 bears North 69 degrees 55 minutes 59 seconds  East  for  a  distance  of
 192.25 feet to a point of tangency; thence
   4)  North  71  degrees 30 minutes 49 seconds east, a distance of 46.00
 feet; thence
   5) South 48 degrees 28 minutes 00 seconds east, a distance of  1089.59
 feet to the point and place of beginning.
 The  above-described  lease  area contains 348,485 square feet or 8.0001
 acres of land.
 The above-described preservation area was written in accordance  with  a
 map entitled, "Lease area sketch, proposed Veeco lease area, Stony Brook
 university,  part  of  section  273, block 1, lot 3, town of Brookhaven,
 county of Suffolk, state of  New  York"  prepared  by  Gallas  Surveying
 Group,  dated  March  6,  2024,  subject  to  all existing easements and
 restrictions of record.
   § 9. 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.
   § 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.
   § 11. This act shall take effect immediately.