Assembly Bill A9935A

2009-2010 Legislative Session

Authorizes the lease of lands located at the state university of New York at Purchase for a senior learning community

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 01, 2010	held for consideration in ways and means
Jun 21, 2010	print number 9935a
Jun 21, 2010	amend and recommit to ways and means
Mar 16, 2010	reported referred to ways and means
Feb 12, 2010	referred to higher education

Bill Amendments

co-Sponsors

2009-A9935 - Details

See Senate Version of this Bill:: S4134
Current Committee:: Assembly Ways And Means
Law Section:: Real Property
Versions Introduced in 2011-2012 Legislative Session:: A340, S1846

2009-A9935 - Summary

Authorizes the lease of lands located at the state university of New York at Purchase for a senior learning community.

2009-A9935 - Sponsor Memo

                                BILL NUMBER:A9935

TITLE OF BILL:  An act to authorize the lease of lands located at the
state university of New York at Purchase

PURPOSE OR GENERAL IDEA OF BILL: To authorize the State University to
lease land located at the State University of New York at Purchase to
the Purchase College Advancement Corporation, a not-for-profit corpo-
ration, in support of a senior learning community on the grounds of the
Purchase campus.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the proposal sets forth
legislative findings that the lease of land located at the State Univer-
sity at Purchase for the development of a senior learning community is
appropriate to the objectives and purposes of the State University of
New York.

Section 2 authorizes the trustees of the State University. of New York
to lease without public bidding a portion of the land located at the
State University of New York at Purchase to the Purchase College
Advancement Corporation upon. such terms and conditions as the trustees
deem advisable for an initial term not to exceed 35 years or for such
time as may be necessary to complete repayment of any debt related to
the projects described in the bill. The section further provides that
upon the expiration of the lease, the real property that is the subject
of the lease and any improvements thereon will revert to the State

University of New York.

Section 3 sets forth relevant definitions. Sections 4 through 17 provide
for the terms and conditions of implementing agreements, conditions
imposed on the Purchase College Advancement Corporation; provide for the
approval by the attorney general as to form and by the director of the
budget and the state comptroller of any contract or lease entered into
by the State University of New York and the Purchase College Advancement
Corporation, and provide the manner of application of proceeds relating
to the lease authorized by the bill; and provide a description of the
property which is the subject of the proposal.

Section 18 authorizes and directs the State University trustees to
designate and maintain a minimum of 80 acres of real property located
within the boundaries of the campus of the State University of New York
at Purchase for permanent preservation as open space lands.

Section 19 sets forth the purposes for which the real property described
in the bill shall be maintained,

Section 20 requires the State University trustees to (i) cause a survey
to be taken of the real property described, which survey shall be made
available to the legislature and the public no later than 6 months after
the effective date of this bill, and (ii) develop in consultation with
the department of environmental conservation a stewardship plan for the
maintenance of the real property to be maintained as open space lands,

which plan shall be made available to the public no latex than 6 months
after the effective date of this bill.

Section 21 provides that any contract or lease entered into by the State
University of New York and the Purchase College Advancement Corporation
shall provide that not less than 20% of the units in the senior learning
community must, upon the initial rental of the units and upon all subse-
quent rentals of the units after a vacancy, be affordable to and occu-
pied or available for occupancy by individuals or families whose incomes
at the time of initial occupancy do not exceed 80% of the area median
incomes adjusted for family size.  Residents of the community where the
development is located"shall have priority for the rental of 50% of the
affordable units, provided they meet the income requirements of this
section.

Section 22 of the proposal provides an immediate effective date.

JUSTIFICATION: The legislation authorizes the State University to lease
to the Purchase College Advancement Corporation, a not-for-profit corpo-
ration, approximately 40.5 acres and improvements located on campus of
the State University of New York at Purchase.  The legislation contem-
plates that the Purchase College Advancement Corporation will provide
for the construction and operation of a senior learning community
(parcel C). It is contemplated that residents of the senior learning
community will interact with the college by enrolling in courses offered
by Purchase College, becoming members of the Neuberger Museum of Art and
members of The Performing Arts Center of the College. Parcel C is pres-
ently under supervision of the New York State Department of Environ-
mental Conservation.

PRIOR LEGISLATIVE HISTORY: Similar to A.11287, 2003-2004. Similar to
A.8958/S.5865, 2005. Similar to A.9841-A/S.6662-A, 2006. Same as
A.8535A/S.5987A, 2007-2008 (vetoed no.30). Same as A.3687 (referred to
Ways and Means)/S.4134 (referred to Higher Education), 2008-2009.

FISCAL IMPLICATIONS: None noted.

EFFECTIVE DATE: Immediately.

2009-A9935 - Bill Text download pdf

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

                                  9935

                          I N  A S S E M B L Y

                            February 12, 2010
                               ___________

Introduced  by M. of A. PAULIN, SPANO, LUPARDO -- read once and referred
  to the Committee on Higher Education

AN ACT to authorize the lease of lands located at the  state  university
  of New York at Purchase

  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
provision  of  a senior learning community upon the grounds of the state
university of New York at Purchase is appropriate to further the  objec-
tives and purposes of the state university of New York.  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 Purchase will ensure  the  availability  of  such  senior
learning  community,  and also promote the effective use of such grounds
and facilities.
  S 2. The trustees of the state  university  of  New  York  are  hereby
authorized to lease without any public bidding a portion of the lands of
the state university of New York at Purchase generally described in this
act  to  the  Purchase college advancement corporation, a not-for-profit
corporation, upon such terms and conditions as the trustees deem  advis-
able,  for  an  initial term not to exceed thirty-five years or for such
time as may be necessary to complete repayment of any  debt  related  to
the  projects described in this act, whichever is shorter.  In the event
that the real property which is the subject of such  lease  or  contract
shall  cease  to  be  used  for the purposes described in this act, said
lease shall immediately terminate and the real property and any improve-
ments thereon shall revert to the state  university  of  New  York.  Any
contract  or  lease entered into pursuant to this act 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
upon  the expiration of such lease. The description of the parcels to be
leased pursuant to such section are not meant to be legal  descriptions,
but  are  intended  only  to identify the parcels and improvements to be

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

                                                           LBD03526-02-9

A. 9935                             2

leased for purposes consistent with the mission of the state  university
of New York at Purchase.
  S  3.  For  the purposes of this act: (a) "project" shall mean work at
the property authorized by this act to be leased to the Purchase college
advancement corporation as described in section  fourteen  of  this  act
that  involves  the  design,  construction,  reconstruction, demolition,
excavating, rehabilitation, repair, renovation, alteration  or  improve-
ment of a senior learning community.
  (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.
  S 4.  Notwithstanding the provisions of any general, special, or local
law or judicial decision to the contrary:
  (a)  The  Purchase  college  advancement  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 the Purchase college advancement  corporation's  request  for
proposals  for  the  project  and  when the Purchase college advancement
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 the Purchase college advancement 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.
  (c) Any contract to which the Purchase college advancement corporation
is  a  party,  and  any contract entered into by a third party acting in
place of, on behalf of and for  the  benefit  of  the  Purchase  college
advancement corporation pursuant to any lease, permit or other agreement
between  such  third  party  and the Purchase college advancement corpo-
ration, for a project deemed a public works project for the purposes  of
article  8  of  the  labor  law,  and  shall  be  subject  to all of the
provisions of article 8 of the labor law, including the  enforcement  of
prevailing  wage  requirements by the fiscal officer as defined in para-
graph e of subdivision 5 of section 220 of the labor  law  to  the  same
extent as a contract of the state.
  (d)  Every  contract  entered into by the Purchase college advancement
corporation for a project shall contain a provision that the  contractor
shall  furnish  a labor and material bond guaranteeing prompt payment of
moneys that are due to all persons furnishing labor and materials pursu-
ant to the requirements of any contracts for a project undertaken pursu-
ant to this section and a performance bond for the faithful  performance
of  the  project, which shall conform to the provisions of section 103-f
of the general municipal law, and that a copy of  such  performance  and
payment  bonds  shall be kept by the Purchase college advancement corpo-
ration and shall be open to public inspection.
  (e) For the purposes of article 15-A of the executive law,  any  indi-
vidual,  public  corporation  or authority, private corporation, limited

A. 9935                             3

liability company  or  partnership  or  other  entity  entering  into  a
contract,  subcontract,  lease, grant, bond, covenant or other agreement
for a project authorized pursuant to this  section  shall  be  deemed  a
state  agency as that term is defined in such article and such contracts
shall be deemed state contracts within the meaning of that term  as  set
forth in such article.
  (f)  Whenever the Purchase college advancement corporation enters into
a contract, subcontract, lease, grant, bond, covenant or other agreement
for a project undertaken pursuant to  this  act,  the  Purchase  college
advancement  corporation shall consider the financial and organizational
capacity of contractors and subcontractors in relation to the  magnitude
of  work  they may perform, the record of performance of contractors and
subcontractors on previous work, the record of contractors  and  subcon-
tractors  in  complying  with  existing  labor standards and maintaining
harmonious labor relations, and the commitment of  contractors  to  work
with  minority  and women owned business enterprises pursuant to article
15-A of the  executive  law  through  joint  ventures  or  subcontractor
relationships.
  S  5.  The Purchase college advancement corporation shall require that
whenever work is performed  under  this  section,  the  contractors  and
subcontractors  shall  have  apprenticeship programs appropriate for the
type and scope of work to be performed, that have been  registered  with
and  approved by the commissioner of labor pursuant to article 23 of the
labor law. Additionally, it must be demonstrated that the apprenticeship
program has made significant efforts  to  attract  and  retain  minority
apprentices,  as  determined by affirmative action goals established for
such programs by the department of labor.
  S 6. Whenever the Purchase college advancement corporation enters into
a contract under  which  employees  are  employed  to  perform  building
service  work,  as that term is defined in section 230 of the labor law,
such work shall be subject to article 9 of the labor  law  to  the  same
extent as building services work performed pursuant to a contract with a
public agency.
  S  7. Whenever employees perform work at the senior learning community
other than work performed under sections four and six of this act,  such
employees shall be paid by their employer no less than the median hourly
wage  for "all occupations" in the metropolitan statistical area closest
to the project location, published by the United States bureau of  labor
statistics,  for  the duration of the lease term.  All of the provisions
of article 9 of the labor law shall apply. Employers shall be subject to
the requirements of contractors under article 9 of the labor law.
  S 8. All developers must have entered into an agreement with the labor
organization or organizations that is/are actively engaged in represent-
ing and attempting to represent  food  and  beverage,  housekeeping,  or
other  service employees in the state university of New York at Purchase
area that is valid and enforceable under 29 U.S.C.  section  185(a)  and
that  prohibits  any  strikes,  picketing or other economic interference
with such food and beverage, housekeeping, or other  service  operations
and  ensures that any such operations that are conducted by contractors,
subcontractors, licensees, assignees, tenants or  subtenants,  shall  be
done under contracts enforceable under 29 U.S.C. section 185(a) contain-
ing the same provisions as specified above.
  S  9. Notwithstanding any other provision of this act, an employer and
employee organization of the senior learning community may enter into an
agreement which shall: (1) confer jurisdiction of  the  New  York  state
employment  relations  board; (2) provide for participation in an agree-

A. 9935                             4

ment for the designation of collective bargaining under subdivision 1 of
section 705 of the labor law, commonly known  as  card  check;  and  (3)
impose  no  strike  provisions  as  set forth in subdivision two of this
section.  Upon execution of such an agreement by both parties containing
all of the provisions set forth in this subdivision, the agreement shall
be binding and enforceable against both parties.
  S 10. 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
otherwise 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 would ordinarily be performed by employ-
ees subject to article 14 of the civil service law shall continue to  be
performed by such employees.
  S  11. Without limiting the determination of such terms and conditions
by said trustees, such terms and conditions  may  provide  for  leasing,
construction, reconstruction, rehabilitation, improvement, operation and
management  of  and provision of services and assistance and granting of
licenses, easements and other arrangements with regard to  such  grounds
and  facilities  by  the  Purchase  college  advancement corporation and
parties contracting with the Purchase  college  advancement  corporation
and,  in  connection  with  such activities, the obtaining of financing,
whether public or private or secured  (including  but  not  limited  to,
secured  by leasehold mortgages and assignments of rents and leases), by
the Purchase college advancement  corporation  and  parties  contracting
with  the  Purchase college advancement corporation, for the purposes of
completing the projects described in this act.
  Parcel C shall be leased for the development  of  not  more  than  385
units of a senior learning community.
  S  12.  Any  contracts  entered  into pursuant to this act between the
Purchase college advancement corporation and  parties  contracting  with
the  Purchase  college  advancement  corporation  shall  be awarded by a
competitive process.
  S 13.  Any contracts or leases entered into by the state university of
New York or the Purchase college  advancement  corporation  pursuant  to
this act shall be subject to approval of the attorney general as to form
as well as by the director of the budget and the state comptroller.  Any
and  all proceeds relating to the leases authorized by this act shall be
applied in the following manner: seventy-five percent to student  schol-
arships  for  educationally  and  economically disadvantaged students as
defined by the board of regents and twenty-five percent to support addi-
tional full-time faculty positions.
  S 14. The property authorized by this act to be leased to the Purchase
college advancement corporation is generally described as  a  parcel  of
real  property  with  improvements  thereon, consisting of approximately
40.5 acres, situated on the campus of the state university of  New  York
at Purchase. The description in this section of the land to be leased is
not  a  legal description, but is intended only to identify the premises
to be leased for purposes consistent  with  the  mission  of  the  state
university of New York at Purchase:

                                Parcel C
ALL  that plot, piece or parcel of land situate and being in the Town of
Harrison, County of Westchester and  State  of  New  York,  bounded  and
described as follows:

A. 9935                             5

BEGINNING at a point at the southeasterly corner of the herein described
Lease Parcel C, said point being located, N 80° 51' 39" W 163.33 feet, N
81° 12' 39" W 4.91 feet, N 02° 00' 00" W 407.31 feet and N 00° 19' 17" E
62.93  feet  from  the point of beginning of Parcel #1 as shown on a map
entitled,  "Department of Education, State University of New York, State
University College at Westchester, Map #1, Parcels 1, 2  and  3",  dated
and filed in the office of the Department of Public Works, May 27, 1966;
thence  through  Parcel #1 along the northerly and easterly side of West
Road, N 79° 50' 00" W 285.54 feet, northwesterly on a curve to the right
of radius 743.00 feet, an arc length of  988.36  feet,  having  a  chord
bearing  N 41° 43' 30" W 917.09 feet, N 03° 37' 00" W 178.77 feet, N 06°
55' 00" E 1326.17 feet and northwesterly on a curve to the left of radi-
us 592.00 feet, an arc length of 172.61 feet, having a chord  bearing  N
01°  26'  11" W 172.00 feet to a point; thence leaving the easterly side
of West Road and continuing through Parcel #1, N 77° 18'  00"  E  130.00
feet,  N  82°  12' 00" E 140.00 feet, S 09° 47' 00" E 364.83 feet, S 69°
00' 00" E 463.42 feet, S 00° 02' 00" E 369.54 feet,  S  27°  40'  00"  W
194.81 feet, S 79° 51' 00" E 154.52 feet, S 10° 39' 00" W 325.93 feet, S
03°  48' 00" E 310.96 feet, S 04° 45' 00" W 271.62 feet, S 01° 38' 00" E
142.45 feet and S 03° 04' 00" W 311.20 feet to the  point  or  place  of
beginning.
CONTAINING 40.05 ACRES OF LAND
  S 15. The state university of New York shall not lease lands described
in this act unless contract is executed by the Purchase college advance-
ment corporation or lessee for a project pursuant to this act within two
years of the effective date of this act.
  S 16. Any lease or other agreement executed pursuant to this act 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,  employ-
ees,  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 17. 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; provided, however, that all leases, contracts,
financing,  granting of licenses, easements, and other arrangements with
regard to a project pursuant  to  this  act  shall  be  subject  to  the
provisions of article 8 of the environmental conservation law.
  S 18. The state university trustees are hereby authorized and directed
to designate and maintain a minimum of 80 acres of real property located
within  the boundaries of the campus of the state university of New York
at Purchase for permanent preservation as open space lands.
  S 19. All real property included in section fourteen of this act shall
be maintained for one or more of the following purposes:
  (a) open space lands and natural areas for maintaining plants, animals
and natural communities; and
  (b) an area of natural or historic interest and beauty which  provides
the public with passive recreational opportunities.
  S 20. (a) The state university trustees shall cause to be undertaken a
survey  of  the  real property included in section nineteen of this act.
Such survey shall be completed and made available to the legislature and
the public not later than six months after the effective  date  of  this
act.

A. 9935                             6

  (b)  The state university trustees shall develop, in consultation with
the department of environmental conservation, a stewardship plan for the
maintenance of the real property included in section  nineteen  of  this
act  as  open  lands. Such plan shall be completed and made available to
the  public  not  later than six months after the effective date of this
act.
  S 21. (a) Any contract or leases entered into by the state  university
of  New York or the Purchase college advancement corporation pursuant to
this act shall provide that not less than 20 percent of the units in the
senior learning community must, upon the initial rental of the units and
upon all subsequent rentals of the units after a vacancy, be  affordable
to  and  occupied  or available for occupancy by individuals or families
whose incomes at the time of initial occupancy do not exceed 80  percent
of the area median incomes adjusted for family size.
  (b)  All  affordable  units must be geographically integrated with the
market rate units and residents of such units shall be provided with and
have access to the services and amenities available to  other  residents
in the development.
  (c)  Residents of the community where the development is located shall
have priority for the rental of 50  percent  of  the  affordable  units,
provided they meet the income requirements of this section.
  S 22. This act shall take effect immediately.

co-Sponsors

2009-A9935A (ACTIVE) - Details

See Senate Version of this Bill:: S4134
Current Committee:: Assembly Ways And Means
Law Section:: Real Property
Versions Introduced in 2011-2012 Legislative Session:: A340, S1846

2009-A9935A (ACTIVE) - Summary

Authorizes the lease of lands located at the state university of New York at Purchase for a senior learning community.

2009-A9935A (ACTIVE) - Bill Text download pdf

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

                                 9935--A

                          I N  A S S E M B L Y

                            February 12, 2010
                               ___________

Introduced  by M. of A. PAULIN, SPANO, LUPARDO -- read once and referred
  to the Committee on Higher Education -- recommitted to  the  Committee
  on  Higher  Education  in  accordance  with Assembly Rule 3, sec. 2 --
  reported and referred to the Committee on Ways and Means --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to authorize the lease of lands located at the state university
  of New York at Purchase

  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
provision of a senior learning community upon the grounds of  the  state
university  of New York at Purchase is appropriate to further the objec-
tives and purposes of the state university of New York.  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  Purchase  will ensure the availability of such senior
learning community, and also promote the effective use of  such  grounds
and facilities.
  S  2.  The  trustees  of  the  state university of New York are hereby
authorized to lease without any public bidding a portion of the lands of
the state university of New York at Purchase generally described in this
act to the Purchase college advancement  corporation,  a  not-for-profit
corporation,  upon such terms and conditions as the trustees deem advis-
able, for an initial term not to exceed forty years or for such time  as
may  be  necessary  to  complete  repayment  of  any debt related to the
projects described in this act, whichever is shorter.  In the event that
the real property which is the subject of such lease or  contract  shall
cease  to  be  used  for  the purposes described in this act, said lease
shall immediately 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 shall provide that  the  real
property which is the subject of such lease or contract and any improve-

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

                                                           LBD03526-18-0

A. 9935--A                          2

ments  thereon shall revert to the state university of New York upon the
expiration of such lease. The description of the parcels  to  be  leased
pursuant to such section are not meant to be legal descriptions, but are
intended  only to identify the parcels and improvements to be leased for
purposes consistent with the mission of the state university of New York
at Purchase.
  S 3. For the purposes of this act: (a) "project" shall  mean  work  at
the property authorized by this act to be leased to the Purchase college
advancement  corporation  as  described  in section fourteen of this act
that involves  the  design,  construction,  reconstruction,  demolition,
excavating,  rehabilitation,  repair, renovation, alteration or improve-
ment of a senior learning community.
  (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.
  S 4.  Notwithstanding the provisions of any general, special, or local
law or judicial decision to the contrary:
  (a)  The  Purchase  college  advancement  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  the Purchase college advancement corporation's request for
proposals for the project and  when  the  Purchase  college  advancement
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 the Purchase college advancement 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.
  (c) Any contract to which the Purchase college advancement corporation
is a party, and any contract entered into by a  third  party  acting  in
place  of,  on  behalf  of  and  for the benefit of the Purchase college
advancement corporation pursuant to any lease, permit or other agreement
between such third party and the  Purchase  college  advancement  corpo-
ration,  for a project deemed a public works project for the purposes of
article 8 of the  labor  law,  and  shall  be  subject  to  all  of  the
provisions  of  article 8 of the labor law, including the enforcement of
prevailing wage requirements by the fiscal officer as defined  in  para-
graph  e  of  subdivision  5 of section 220 of the labor law to the same
extent as a contract of the state.
  (d) Every contract entered into by the  Purchase  college  advancement
corporation  for a project shall contain a provision that the contractor
shall furnish a labor and material bond guaranteeing prompt  payment  of
moneys that are due to all persons furnishing labor and materials pursu-
ant to the requirements of any contracts for a project undertaken pursu-
ant  to this section and a performance bond for the faithful performance
of the project, which shall conform to the provisions of  section  103-f
of  the  general  municipal law, and that a copy of such performance and

A. 9935--A                          3

payment bonds shall be kept by the Purchase college  advancement  corpo-
ration and shall be open to public inspection.
  (e)  For  the purposes of article 15-A of the executive law, any indi-
vidual, public corporation or authority,  private  corporation,  limited
liability  company  or  partnership  or  other  entity  entering  into a
contract, subcontract, lease, grant, bond, covenant or  other  agreement
for  a  project  authorized  pursuant  to this section shall be deemed a
state agency as that term is defined in such article and such  contracts
shall  be  deemed state contracts within the meaning of that term as set
forth in such article.
  (f) Whenever the Purchase college advancement corporation enters  into
a contract, subcontract, lease, grant, bond, covenant or other agreement
for  a  project  undertaken  pursuant  to this act, the Purchase college
advancement corporation shall consider the financial and  organizational
capacity  of contractors and subcontractors in relation to the magnitude
of work they may perform, the record of performance of  contractors  and
subcontractors  on  previous work, the record of contractors and subcon-
tractors in complying with  existing  labor  standards  and  maintaining
harmonious  labor  relations,  and the commitment of contractors to work
with minority and women owned business enterprises pursuant  to  article
15-A  of  the  executive  law  through  joint  ventures or subcontractor
relationships.
  S 5. The Purchase college advancement corporation shall  require  that
whenever  work  is  performed  under  this  section, the contractors and
subcontractors shall have apprenticeship programs  appropriate  for  the
type  and  scope of work to be performed, that have been registered with
and approved by the commissioner of labor pursuant to article 23 of  the
labor law. Additionally, it must be demonstrated that the apprenticeship
program  has  made  significant  efforts  to attract and retain minority
apprentices, as determined by affirmative action goals  established  for
such programs by the department of labor.
  S 6. Whenever the Purchase college advancement corporation enters into
a  contract  under  which  employees  are  employed  to perform building
service work, as that term is defined in section 230 of the  labor  law,
such  work  shall  be  subject to article 9 of the labor law to the same
extent as building services work performed pursuant to a contract with a
public agency.
  S 7. Whenever employees perform work at the senior learning  community
other  than work performed under sections four and six of this act, such
employees shall be paid by their employer no less than the median hourly
wage for "all occupations" in the metropolitan statistical area  closest
to  the project location, published by the United States bureau of labor
statistics, for the duration of the lease term.  All of  the  provisions
of article 9 of the labor law shall apply. Employers shall be subject to
the requirements of contractors under article 9 of the labor law.
  S 8. All developers must have entered into an agreement with the labor
organization or organizations that is/are actively engaged in represent-
ing  and  attempting  to  represent  food and beverage, housekeeping, or
other service employees in the state university of New York at  Purchase
area  that  is  valid and enforceable under 29 U.S.C. section 185(a) and
that prohibits any strikes, picketing  or  other  economic  interference
with  such  food and beverage, housekeeping, or other service operations
and ensures that any such operations that are conducted by  contractors,
subcontractors,  licensees,  assignees,  tenants or subtenants, shall be
done under contracts enforceable under 29 U.S.C. section 185(a) contain-
ing the same provisions as specified above.

A. 9935--A                          4

  S 9. Notwithstanding any other provision of this act, an employer  and
employee organization of the senior learning community may enter into an
agreement  which  shall:  (1)  confer jurisdiction of the New York state
employment relations board; (2) provide for participation in  an  agree-
ment for the designation of collective bargaining under subdivision 1 of
section  705  of  the  labor  law, commonly known as card check; and (3)
impose no strike provisions as set forth  in  subdivision  two  of  this
section.  Upon execution of such an agreement by both parties containing
all of the provisions set forth in this subdivision, the agreement shall
be binding and enforceable against both parties.
  S 10. 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
otherwise 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 would ordinarily be performed by employ-
ees subject to article 14 of the civil service law shall continue to  be
performed by such employees.
  S  11. Without limiting the determination of such terms and conditions
by said trustees, such terms and conditions  may  provide  for  leasing,
construction, reconstruction, rehabilitation, improvement, operation and
management  of  and provision of services and assistance and granting of
licenses, easements and other arrangements with regard to  such  grounds
and  facilities  by  the  Purchase  college  advancement corporation and
parties contracting with the Purchase  college  advancement  corporation
and,  in  connection  with  such activities, the obtaining of financing,
whether public or private or secured  (including  but  not  limited  to,
secured  by leasehold mortgages and assignments of rents and leases), by
the Purchase college advancement  corporation  and  parties  contracting
with  the  Purchase college advancement corporation, for the purposes of
completing the projects described in this act.
  Parcel C shall be leased for the development  of  not  more  than  385
units of a senior learning community.
  S  12.  Any  contracts  entered  into pursuant to this act between the
Purchase college advancement corporation and  parties  contracting  with
the  Purchase  college  advancement  corporation  shall  be awarded by a
competitive process.
  S 13. Any contracts or leases entered into by the state university  of
New  York  or  the  Purchase college advancement corporation pursuant to
this act shall be subject to approval of the attorney general as to form
as well as by the director of the budget and the state comptroller.  Any
and all proceeds relating to the leases authorized by this act shall  be
allocated by the board of trustees for Purchase college, state universi-
ty  of  New  York,  in the following manner: seventy-five percent to the
student financial aid for students who are eligible to receive a tuition
assistance award or supplement tuition assistance pursuant  to  sections
667  or  667-a  of  the education law and twenty-five percent to support
additional full-time faculty positions.
  S 14. The property authorized by this act to be leased to the Purchase
college advancement corporation is generally described as  a  parcel  of
real  property  with  improvements  thereon, consisting of approximately
40.5 acres, situated on the campus of the state university of  New  York
at Purchase. The description in this section of the land to be leased is
not  a  legal description, but is intended only to identify the premises
to be leased for purposes consistent  with  the  mission  of  the  state
university of New York at Purchase:

A. 9935--A                          5

                                Parcel C
ALL  that plot, piece or parcel of land situate and being in the Town of
Harrison, County of Westchester and  State  of  New  York,  bounded  and
described as follows:
BEGINNING at a point at the southeasterly corner of the herein described
Lease Parcel C, said point being located, N 80° 51' 39" W 163.33 feet, N
81° 12' 39" W 4.91 feet, N 02° 00' 00" W 407.31 feet and N 00° 19' 17" E
62.93  feet  from  the point of beginning of Parcel #1 as shown on a map
entitled, "Department of Education, State University of New York,  State
University  College  at  Westchester, Map #1, Parcels 1, 2 and 3", dated
and filed in the office of the Department of Public Works, May 27, 1966;
thence through Parcel #1 along the northerly and easterly side  of  West
Road, N 79° 50' 00" W 285.54 feet, northwesterly on a curve to the right
of  radius  743.00  feet,  an  arc length of 988.36 feet, having a chord
bearing N 41° 43' 30" W 917.09 feet, N 03° 37' 00" W 178.77 feet, N  06°
55' 00" E 1326.17 feet and northwesterly on a curve to the left of radi-
us  592.00  feet, an arc length of 172.61 feet, having a chord bearing N
01° 26' 11" W 172.00 feet to a point; thence leaving the  easterly  side
of  West  Road  and continuing through Parcel #1, N 77° 18' 00" E 130.00
feet, N 82° 12' 00" E 140.00 feet, S 09° 47' 00" E 364.83  feet,  S  69°
00'  00"  E  463.42  feet,  S 00° 02' 00" E 369.54 feet, S 27° 40' 00" W
194.81 feet, S 79° 51' 00" E 154.52 feet, S 10° 39' 00" W 325.93 feet, S
03° 48' 00" E 310.96 feet, S 04° 45' 00" W 271.62 feet, S 01° 38' 00"  E
142.45  feet  and  S  03° 04' 00" W 311.20 feet to the point or place of
beginning.
CONTAINING 40.05 ACRES OF LAND
  S 15. The state university of New York shall not lease lands described
in this act unless a  contract  is  executed  by  the  Purchase  college
advancement  corporation  or  lessee  for a project pursuant to this act
within five years of the effective date of this act.
  S 16. Any lease or other agreement executed pursuant to this act 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, employ-
ees, 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  17. 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; provided, however, that all leases, contracts,
financing, granting of licenses, easements, and other arrangements  with
regard  to  a  project  pursuant  to  this  act  shall be subject to the
provisions of article 8 of the environmental conservation law.
  S 18. The state university trustees are hereby authorized and directed
to designate and maintain a minimum of 80 acres of real property located
within the boundaries of the campus of the state university of New  York
at Purchase for permanent preservation as open space lands.
  S 19. All real property included in section eighteen of this act shall
be maintained for one or more of the following purposes:
  (a) open space lands and natural areas for maintaining plants, animals
and natural communities; and
  (b)  an area of natural or historic interest and beauty which provides
the public with passive recreational opportunities.

A. 9935--A                          6

  S 20. (a) The state university trustees shall cause to be undertaken a
survey of the real property included in section nineteen  of  this  act.
Such survey shall be completed and made available to the legislature and
the  public  not  later than six months after the effective date of this
act.
  (b)  The state university trustees shall develop, in consultation with
the department of environmental conservation, a stewardship plan for the
maintenance of the real property included in section  nineteen  of  this
act  as  open  lands. Such plan shall be completed and made available to
the public not later than six months after the effective  date  of  this
act.
  S  21. (a) Any contract or leases entered into by the state university
of New York or the Purchase college advancement corporation pursuant  to
this act shall provide that not less than 20 percent of the units in the
senior learning community must, upon the initial rental of the units and
upon  all subsequent rentals of the units after a vacancy, be affordable
to and occupied or available for occupancy by  individuals  or  families
whose  incomes at the time of initial occupancy do not exceed 80 percent
of the household income for the county of Westchester as  calculated  by
the United States census bureau.
  (b)  All  affordable  units must be geographically integrated with the
market rate units and residents of such units shall be provided with and
have access to the services and amenities available to  other  residents
in the development.
  (c)  Residents  of  the  county where the development is located shall
have priority for the rental of 50  percent  of  the  affordable  units,
provided they meet the income requirements of this section.
  S 22. This act shall take effect immediately.

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Assembly Bill A9935A

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Sponsored By

PAULIN

Archive: Last Bill Status - In Assembly Committee

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Mike Spano

Donna Lupardo

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Donna Lupardo

Robert Castelli

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