Senate Bill S8325

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

                                  8325

                            I N  S E N A T E

                              June 23, 2010
                               ___________

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

AN ACT authorizing the lease of lands located at the state university of
  New York college at Farmingdale

  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 devel-
opment, construction and operation of a biotechnology and other technol-
ogy-oriented office, research and manufacturing park upon the grounds of
the state university of New York college at Farmingdale is necessary and
appropriate to further the objectives and purposes of the state  univer-
sity  of  New  York  in  its  support  of the college at Farmingdale and
fulfills a necessary  and  desirable  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  college  at  Farmingdale  will  ensure  the  development,
construction  and  operation of such biotechnology and other technology-
oriented office, research and manufacturing park and  also  promote  the
effective  use  of  such grounds and facilities which support the educa-
tional and research activities of the college at Farmingdale.
  S 2. As used in this act "BHBP" shall  mean  Broad  Hollow  Bioscience
Park,  Inc.,  which  is  a  not-for-profit  corporation established as a
member corporation of Cold Spring Harbor Laboratory and the  Farmingdale
College  Foundation acting on behalf of the state university of New York
at Farmingdale. For the purposes of  this  act,  the  biotechnology  and
other  technology-oriented  office,  research and manufacturing park may
include structures with offices, common  space,  research  laboratories,
manufacturing facilities, facilities for servicing businesses, incubator
facilities  and  technical facilities related to biotechnology and other
technology-oriented purposes.
  S 3. Notwithstanding any other law to the contrary, the state  univer-
sity  trustees  are  hereby authorized and empowered, without any public
bidding, to lease and otherwise contract to make  available  to  BHBP  a

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

                                                           LBD17858-01-0

S. 8325                             2

portion  of  the  lands  of  the state university of New York college at
Farmingdale generally described in this act for the purpose of  develop-
ing, constructing and operating a biotechnology and other technology-or-
iented  office, research and manufacturing park, and for uses in support
of campus activities; provided, however, that the development and opera-
tion of a biotechnology and other technology-oriented  office,  research
and  manufacturing  park  shall be of benefit to the college at Farming-
dale. Such lease or contract shall be for  a  period  not  exceeding  35
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 termi-
nate 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.
  S  4. Any contract or lease entered into pursuant to this act shall be
deemed to be a state contract for the purposes of article  15-A  of  the
executive  law,  and  any contractor, subcontractor, lessee or subleasee
entering into such contract or lease for the  construction,  demolition,
reconstruction,  excavation,  rehabilitation, repair, renovation, alter-
ation 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.
  S 5. 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 and/or  subcontractor  performing  on  the
project.
  S  6. Notwithstanding any law to the contrary, all rights or benefits,
including terms and conditions of employment, and  protection  of  civil
service  and  collective bargaining status of all employees of the state
university of New York affected by the provisions of this act, shall  be
preserved and protected. Employees in any newly created positions within
the  state  university  of New York shall be considered public employees
for all purposes of article 14 of the civil service law.
  S 7. Any contract or lease  awarded  or  entered  into  by  BHBP,  and
parties contracting or entering into a lease with BHBP for construction,
reconstruction,  renovation,  rehabilitation,  improvement  or expansion
authorized pursuant to this act, for  any  single  construction  project
exceeding  ten  million dollars in the aggregate, for which more than 25
percent of such aggregate amount  is  to  be  paid  from  appropriations
furnished  by  the state of New York or the state university of New York
shall be undertaken pursuant to a project labor agreement, as defined in
subdivision 1 of section 222 of the labor law,  provided  that  a  study
done  by  or  for the contracting entity determines that a project labor

S. 8325                             3

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 pertinent local history thereof. For purposes of
applying the dollar thresholds set  forth  in  this  section,  the  term
"single  construction  project"  shall  mean  any  construction,  recon-
struction, renovation, rehabilitation, improvement or expansion activity
associated with one  or  more  buildings,  structures  or  improvements,
including  all  directly related infrastructure and site work in contem-
plation thereof, that are functionally interdependent.
  S 8. Without limiting the determination of the terms and conditions of
such contracts or leases, such term and conditions may provide for leas-
ing, subleasing, construction, reconstruction, rehabilitation,  improve-
ment,  operation and management of and provision of services and assist-
ance and the granting of licenses, easements and other arrangements with
regard to such grounds and facilities by BHBP, and  parties  contracting
with  BHBP,  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 BHBP and parties  contracting  with
BHBP for the purposes of completing the project described in this act.
  S  9.  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.
  S 10. Any contracts entered into pursuant to this act between BHBP and
parties contracting with BHBP shall be awarded by a competitive process.
  S  11.  The  property  authorized  by this act to be leased to BHBP is
generally described as that parcel of real  property  with  improvements
thereon,  consisting of a total of approximately 38.5 acres, situated on
the campus of the state university of New York college  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 the tract, piece or parcel of
land situate in the Town of Huntington and Town of  Babylon,  County  of
Suffolk,  State  of  New  York,  and  being more particularly bounded as
described as follows: All that tract, piece or parcel of land situate in
the Town of Huntington and Town of Babylon, County of Suffolk, State  of
New  York,  and being more particularly bounded as described as follows:
Beginning approximately 150' north of the curb line intersection of  Rt.
110  and  the college entrance road and running north 1100 feet, turning
west running 240 feet, turning north running 540 feet, turning northwest
running 650 feet, turning southwest running 1450 feet, turning southeast
running 350 feet, turning northeast running 450 feet, turning  southeast
running 980 feet, and closing east 330 feet.
  S 12. The state university of New York shall not lease lands described
in  this  act unless any such lease shall be executed within three years
of the effective date of this act.
  S 13. 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 14. This act shall take effect immediately.