Enacts the "New York state public higher education fairness act"
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| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jul 11, 2010 |
referred to rules |
S T A T E O F N E W Y O R K
________________________________________________________________________
8440
I N S E N A T E
July 11, 2010
___________
Introduced by COMMITTEE ON RULES -- read twice and ordered printed, and
when printed to be committed to the Committee on Rules
AN ACT to amend the education law and the state finance law, in relation
to tuition and self-supporting revenues of the state and city univer-
sities; and to repeal subdivision 8-b of section 355 and paragraph 4-a
of subdivision A of section 6221 of the education law relating there-
to; and providing for the repeal of such provisions upon expiration
thereof (Part A); to amend the education law, the public authorities
law and the public buildings law, in relation to capital facilities in
support of the state university and community colleges; and providing
for the repeal of certain provisions upon expiration thereof (Part B);
to amend the education law and the state finance law, in relation to
procurement in support of the state and city universities; and provid-
ing for the repeal of certain provisions upon expiration thereof (Part
C); to amend the public officers law, the education law and the
retirement and social security law, in relation to promoting efficien-
cy and effect savings in support of the state university; and provid-
ing for the repeal of such provisions upon expiration thereof (Part
D); Intentionally omitted (Part E); and to enact reporting require-
ments; and providing for the repeal of such provisions upon expiration
thereof (Part F)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "New York
state public higher education fairness act".
S 2. This act enacts into law major components of legislation which
are necessary to implement the state fiscal plan for the 2010-2011 state
fiscal year. Each component is wholly contained within a Part identified
as Parts A through F. The effective date for each particular provision
contained within such Parts is set forth in the last section of such
Part. Any provision in any section contained within a Part, including
the effective date of the Part, which makes a reference to a section "of
this act", when used in connection with that particular component, shall
be deemed to mean and refer to the corresponding section of the Part in
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12299-05-0
S. 8440 2
which it is found. Section four of this act sets forth the general
effective date of this act.
PART A
Section 1. Section 350 of the education law is amended by adding four
new subdivisions 7, 8, 9 and 10 to read as follows:
7. "ANNUAL TUITION" SHALL MEAN THE COST OF CREDIT HOUR ENROLLMENT AT
THE STATE-OPERATED INSTITUTIONS OF THE STATE UNIVERSITY OF NEW YORK OVER
THE COURSE OF AN ACADEMIC YEAR.
8. "DIFFERING RATES OF ANNUAL TUITION" SHALL MEAN THAT THE COST OF
CREDIT HOUR ENROLLMENT AT INDIVIDUAL STATE-OPERATED CAMPUSES AND FOR
PROGRAMS WITHIN A CAMPUS MAY VARY IN RELATION TO SIMILAR CAMPUSES AND
PROGRAMS WITHIN A CAMPUS AT SIMILAR INSTITUTIONS.
9. "GRADUATE DEGREE PROGRAM" AND "PROFESSIONAL DEGREE PROGRAM" SHALL
MEAN ANY COURSE OF STUDY OR CREDIT HOURS LEADING TO A SPECIFIC DEGREE
TYPE BEYOND A BACHELOR'S DEGREE AT THE STATE-OPERATED INSTITUTIONS OF
THE STATE UNIVERSITY OF NEW YORK.
10. "GENERAL TUITION POLICY" SHALL MEAN A POLICY ESTABLISHED BY THE
BOARD OF TRUSTEES GOVERNING A HOMOGENOUS TUITION INCREASE OR DECREASE
ACROSS ALL CAMPUSES EQUALLY FOR RESIDENT UNDERGRADUATE STUDENTS, EXCEPT
THAT NOTHING SHALL PRECLUDE THE STATE UNIVERSITY OF NEW YORK AT BUFFALO,
THE STATE UNIVERSITY OF NEW YORK AT STONY BROOK, THE STATE UNIVERSITY OF
NEW YORK AT BINGHAMTON, AND THE STATE UNIVERSITY OF NEW YORK AT ALBANY
FROM CHARGING DIFFERING RATES OF ANNUAL TUITION PURSUANT TO CLAUSE (I)
OF SUBPARAGRAPH FOUR OF PARAGRAPH H OF SUBDIVISION TWO OF SECTION THREE
HUNDRED FIFTY-FIVE OF THE EDUCATION LAW.
S 2. Subparagraph 4 of paragraph h of subdivision 2 of section 355 of
the education law, as amended by chapter 309 of the laws of 1996, is
amended to read as follows:
(4) The trustees shall not impose a differential tuition charge based
upon need or income. All students enrolled in programs leading to like
degrees at state-operated institutions of the state university shall be
charged a uniform rate of tuition except for differential tuition rates
based on state residency, AND COMMENCING WITH THE TWO THOUSAND
ELEVEN--TWO THOUSAND TWELVE ACADEMIC YEAR, NON-STATE RESIDENTS, AND ALL
STUDENTS ENROLLED IN GRADUATE DEGREE PROGRAMS OR PROFESSIONAL DEGREE
PROGRAMS MAY BE CHARGED DIFFERING RATES OF ANNUAL TUITION BY CAMPUS AND
BY PROGRAM WITHIN A CAMPUS. Provided, however, that the trustees may
authorize the presidents of the colleges of technology and the colleges
of agriculture and technology to set differing rates of tuition for each
of the colleges for students enrolled in degree-granting programs lead-
ing to an associate degree and non-degree granting programs so long as
such tuition rate does not exceed the tuition rate charged to students
who are enrolled in like degree programs or degree-granting undergradu-
ate programs leading to a baccalaureate degree at other state-operated
institutions of the state university of New York[. The trustees shall
not adopt changes affecting tuition charges prior to the enactment of
the annual budget.]; AND PROVIDED FURTHER, THAT:
(I) NOTWITHSTANDING THE PROVISION OF ANY LAW, RULE OR REGULATION TO
THE CONTRARY, FOR THE TWO THOUSAND TEN--TWO THOUSAND ELEVEN ACADEMIC
YEAR, THE STATE UNIVERSITY OF NEW YORK BOARD OF TRUSTEES SHALL BE
EMPOWERED TO INCREASE THE GENERAL ANNUAL RATE OF TUITION BY A MAXIMUM OF
TWO PERCENT OVER FINAL TWO THOUSAND NINE--TWO THOUSAND TEN ANNUAL RATES
OF TUITION;
S. 8440 3
(II) COMMENCING WITH THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE
ACADEMIC YEAR, THE PRESIDENT OF THE STATE UNIVERSITY OF NEW YORK AT
BUFFALO, THE STATE UNIVERSITY OF NEW YORK AT STONY BROOK, THE STATE
UNIVERSITY OF NEW YORK AT BINGHAMTON, AND THE STATE UNIVERSITY OF NEW
YORK AT ALBANY, IN CONSULTATION WITH THE RESPECTIVE STUDENT GOVERNMENT
AND UPON THE RECOMMENDATION OF THE RESPECTIVE COLLEGE COUNCIL, MAY
RECOMMEND TO THE TRUSTEES, AND THE TRUSTEES SHALL BE AUTHORIZED TO
IMPLEMENT, DIFFERING RATES OF ANNUAL TUITION WITHIN EACH ACADEMIC YEAR
TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE THROUGH TWO THOUSAND FOURTEEN-
-TWO THOUSAND FIFTEEN FOR STATE RESIDENT UNDERGRADUATE STUDENTS UPON THE
BASIS OF CAMPUS AND PROGRAM WITHIN A CAMPUS, PROVIDED THAT NO SUCH
DIFFERENTIAL INCREASE SHALL EXCEED SEVEN PERCENT IN EACH OF THE YEARS
OUTLINED ABOVE, FOR STUDENTS WHO ARE NEW YORK STATE RESIDENTS IN COURSES
OF STUDY LEADING TO UNDERGRADUATE, GRADUATE AND FIRST PROFESSIONAL
DEGREES; PROVIDED, HOWEVER, THAT ON OR BEFORE JUNE FIFTEENTH, TWO THOU-
SAND ELEVEN THE TRUSTEES SHALL PROMULGATE GUIDELINES OUTLINING THE
CRITERIA SUCH CAMPUS OR PROGRAM MUST MEET IN ORDER TO QUALIFY FOR
DIFFERENTIAL RATES. SUCH CRITERIA SHALL INCLUDE, BUT NOT BE LIMITED TO,
PROGRAM COST, PROGRAM MIX, NEED, COMPARISON WITH PEER PROGRAMS OR
CAMPUSES, ECONOMIC ELASTICITY, IMPACT ON ACCESS, FAIRNESS AND MEASURES
TO ENSURE THAT STUDENTS ARE NOT STEERED TOWARD CERTAIN COURSES OF STUDY
BASED ON ABILITY TO PAY;
(III) NOTWITHSTANDING THE FOREGOING, COMMENCING WITH THE TWO THOUSAND
ELEVEN--TWO THOUSAND TWELVE ACADEMIC YEAR, THE PRESIDENT OF ANY
STATE-OPERATED INSTITUTION IN CONSULTATION WITH THE RESPECTIVE STUDENT
GOVERNMENT AND UPON THE RECOMMENDATION OF THE RESPECTIVE COLLEGE COUN-
CIL, MAY RECOMMEND TO THE TRUSTEES, AND THE TRUSTEES SHALL BE AUTHORIZED
TO IMPLEMENT, A GENERAL TUITION POLICY THAT SHALL APPLY IN A UNIFORM
MANNER FOR ALL STATE-OPERATED INSTITUTIONS TO INCREASE ANNUAL TUITION
WITHIN EACH ACADEMIC YEAR TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE
THROUGH TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN FOR RESIDENT UNDER-
GRADUATE STUDENTS UP TO FOUR PERCENT IN EACH OF THE YEARS OUTLINED
ABOVE;
(IV) TO THE EXTENT THAT THE STATE UNIVERSITY OF NEW YORK RATE OF ANNU-
AL RESIDENT UNDERGRADUATE TUITION EXCEEDS THE MAXIMUM AWARD GIVEN UNDER
SECTION SIX HUNDRED SIXTY-SEVEN OF THIS TITLE, A PORTION OF SUCH UNIVER-
SITY'S TUITION REVENUE SHALL BE USED TO PROVIDE NEED BASED AID TO THOSE
STUDENTS WHO QUALIFY FOR ADMISSION AND WHO QUALIFY FOR SUCH MAXIMUM
AWARD. IN ADDITION, THERE SHALL BE A COMPREHENSIVE REVIEW OF THE TUITION
ASSISTANCE PROGRAM CONDUCTED BY THE HIGHER EDUCATION SERVICES CORPO-
RATION TO ASSESS CURRENT PARAMETERS AND FUTURE NEEDS. UPON COMPLETION,
THE HIGHER EDUCATION SERVICES CORPORATION SHALL SUBMIT A REPORT OF ITS
FINDINGS NO LATER THAN NOVEMBER THIRTIETH, TWO THOUSAND TEN TO THE
GOVERNOR, THE CHAIR OF THE SENATE FINANCE COMMITTEE, THE CHAIR OF THE
ASSEMBLY WAYS AND MEANS COMMITTEE, THE CHAIR OF THE SENATE HIGHER EDUCA-
TION COMMITTEE, AND THE CHAIR OF THE ASSEMBLY HIGHER EDUCATION COMMIT-
TEE; AND
(V) NOTWITHSTANDING THE PROVISION OF ANY LAW, RULE OR REGULATION TO
THE CONTRARY, THE STATE UNIVERSITY SHALL RECEIVE SUFFICIENT APPROPRI-
ATION AUTHORITY TO ALLOW THE EXPENDITURE OF TUITION REVENUE EXPECTED TO
BE RECEIVED.
S 3. Section 6202 of the education law is amended by adding four new
subdivisions 10, 11, 12 and 13 to read as follows:
10. "ANNUAL TUITION" SHALL MEAN THE COST OF CREDIT HOUR ENROLLMENT AT
THE SENIOR COLLEGES OF THE CITY UNIVERSITY OF NEW YORK OVER THE COURSE
OF AN ACADEMIC YEAR.
S. 8440 4
11. "DIFFERING RATES OF ANNUAL TUITION" SHALL MEAN THAT THE COST OF
CREDIT HOUR ENROLLMENT AT INDIVIDUAL SENIOR COLLEGE CAMPUSES AND FOR
PROGRAMS WITHIN A CAMPUS MAY VARY IN RELATION TO SIMILAR CAMPUSES AND
PROGRAMS WITHIN A CAMPUS AT SIMILAR INSTITUTIONS.
12. "GRADUATE DEGREE PROGRAM" AND "PROFESSIONAL DEGREE PROGRAM" SHALL
MEAN ANY COURSE OF STUDY OR CREDIT HOURS LEADING TO A SPECIFIC DEGREE
TYPE BEYOND A BACHELOR'S DEGREE AT THE SENIOR COLLEGES OF THE CITY
UNIVERSITY OF NEW YORK.
13. "GENERAL TUITION POLICY" SHALL MEAN A POLICY ESTABLISHED BY THE
BOARD OF TRUSTEES GOVERNING A HOMOGENOUS TUITION INCREASE OR DECREASE
ACROSS ALL CAMPUSES EQUALLY FOR RESIDENT UNDERGRADUATE STUDENTS.
S 4. Paragraph (a) of subdivision 7 of section 6206 of the education
law, as amended by chapter 327 of the laws of 2002, the opening para-
graph as amended by section 2 of part O of chapter 58 of the laws of
2006, is amended to read as follows:
(a) The board of trustees shall establish positions, departments,
divisions and faculties; appoint and in accordance with the provisions
of law fix salaries of instructional and non-instructional employees
therein; establish and conduct courses and curricula; prescribe condi-
tions of student admission, attendance and discharge; and shall have the
power to determine in its discretion whether tuition shall be charged
and to regulate tuition charges, and other instructional and non-in-
structional fees and other fees and charges at the educational units of
the city university. The trustees shall review any proposed community
college tuition increase and the justification for such increase. The
justification provided by the community college for such increase shall
include a detailed analysis of ongoing operating costs, capital, debt
service expenditures, and all revenues. The trustees shall not impose a
differential tuition charge based upon need or income. All students
enrolled in programs leading to like degrees at the senior colleges
shall be charged a uniform rate of tuition, except for differential
tuition rates based on state residency, AND COMMENCING WITH THE TWO
THOUSAND ELEVEN--TWO THOUSAND TWELVE ACADEMIC YEAR, NON-STATE RESIDENTS,
AND STUDENTS ENROLLED IN GRADUATE DEGREE PROGRAMS OR PROFESSIONAL DEGREE
PROGRAMS MAY BE CHARGED DIFFERING RATES OF ANNUAL TUITION BY CAMPUS AND
BY PROGRAM WITHIN A CAMPUS. PROVIDED, HOWEVER:
(I) NOTWITHSTANDING THE PROVISION OF ANY LAW, RULE OR REGULATION TO
THE CONTRARY, FOR THE TWO THOUSAND TEN--TWO THOUSAND ELEVEN ACADEMIC
YEAR, THE CITY UNIVERSITY OF NEW YORK BOARD OF TRUSTEES SHALL BE
EMPOWERED, UPON THE RECOMMENDATION OF THE CHANCELLOR, TO INCREASE THE
GENERAL ANNUAL RATE OF TUITION BY A MAXIMUM OF TWO PERCENT OVER FINAL
TWO THOUSAND NINE--TWO THOUSAND TEN ANNUAL RATES OF TUITION;
(II) COMMENCING WITH THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE
ACADEMIC YEAR, THE PRESIDENT OF ANY SENIOR COLLEGE, IN CONSULTATION WITH
THE RESPECTIVE STUDENT GOVERNMENT, MAY RECOMMEND TO THE CHANCELLOR, AND
UPON RECOMMENDATION OF THE CHANCELLOR, THE TRUSTEES SHALL BE AUTHORIZED
TO IMPLEMENT, A GENERAL TUITION POLICY THAT SHALL APPLY IN A UNIFORM
MANNER TO ALL SENIOR COLLEGES TO INCREASE ANNUAL TUITION WITHIN EACH
ACADEMIC YEAR TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE THROUGH TWO THOU-
SAND FOURTEEN--TWO THOUSAND FIFTEEN FOR RESIDENT UNDERGRADUATE STUDENTS
UP TO FOUR PERCENT IN EACH OF THE YEARS OUTLINED ABOVE; AND
(III) NOTWITHSTANDING THE PROVISION OF ANY LAW, RULE OR REGULATION TO
THE CONTRARY, THE CITY UNIVERSITY SHALL RECEIVE SUFFICIENT APPROPRIATION
AUTHORITY TO ALLOW THE EXPENDITURE OF TUITION REVENUE EXPECTED TO BE
RECEIVED.
S. 8440 5
(A-1) The trustees shall further provide that the payment of tuition
and fees by any student who is not a resident of New York state, other
than a non-immigrant alien within the meaning of paragraph (15) of
subsection (a) of section 1101 of title 8 of the United States Code,
shall be paid at a rate or charge no greater than that imposed for
students who are residents of the state if such student:
(i) attended an approved New York high school for two or more years,
graduated from an approved New York high school and applied for attend-
ance at an institution or educational unit of the city university within
five years of receiving a New York state high school diploma; or
(ii) attended an approved New York state program for general equiv-
alency diploma exam preparation, received a general equivalency diploma
issued within New York state and applied for attendance at an institu-
tion or educational unit of the city university within five years of
receiving a general equivalency diploma issued within New York state; or
(iii) was enrolled in an institution or educational unit of the city
university in the fall semester or quarter of the two thousand one--two
thousand two academic year and was authorized by such institution or
educational unit to pay tuition at the rate or charge imposed for
students who are residents of the state.
A student without lawful immigration status shall also be required to
file an affidavit with such institution or educational unit stating that
the student has filed an application to legalize his or her immigration
status, or will file such an application as soon as he or she is eligi-
ble to do so. [The trustees shall not adopt changes in tuition charges
prior to the enactment of the annual budget.] The board of trustees may
accept as partial reimbursement for the education of veterans of the
armed forces of the United States who are otherwise qualified such sums
as may be authorized by federal legislation to be paid for such educa-
tion. The board of trustees may conduct on a fee basis extension courses
and courses for adult education appropriate to the field of higher
education. In all courses and courses of study it may, in its
discretion, require students to pay library, laboratory, locker, break-
age and other instructional and non-instructional fees and meet the cost
of books and consumable supplies. In addition to the foregoing fees and
charges, the board of trustees may impose and collect fees and charges
for student government and other student activities and receive and
expend them as agent or trustee.
S 5. Subdivisions 8 and 8-a of section 355 of the education law,
subdivision 8 as amended by chapter 553 of the laws of 1985 and subdivi-
sion 8-a as added by chapter 363 of the laws of 1998, are amended to
read as follows:
8. All moneys received by the state university of New York and by
state-operated institutions thereof from [appropriations, tuition,]
fees, user charges, sales of products and services, SAVINGS UNDER ENERGY
PERFORMANCE, PROCUREMENT OR SUPPLY CONTRACTS and from [all other sourc-
es, including] sources and activities of the state university which are
intended by law to be self-supporting may be credited to an appropriate
fund or funds [to be designated by the state comptroller] HELD BY THE
STATE UNIVERSITY EXCEPT FOR MONEYS RECEIVED FROM TUITION, WHICH MAY BE
CREDITED TO AN APPROPRIATE FUND TO BE DESIGNATED BY THE STATE COMP-
TROLLER. The amounts so paid into such fund or funds which were
received by or for the state university shall be used for expenses of
the state university in carrying out any of its objects and purposes and
such amounts received by or for state-operated institutions of the state
S. 8440 6
university shall be used for expenses of the state university under
regulations prescribed by the state university trustees.
8-a. All monies received by state university health care facilities
from fees, charges, and reimbursement and from all other sources, OTHER
THAN APPROPRIATIONS, shall be credited to a state university health care
account in a fund [to be designated by the state comptroller] HELD BY
THE STATE UNIVERSITY. Monies to establish reserves for long-term
expenses of state university health care facilities and to fulfill obli-
gations required for any contract for health care services authorized
pursuant to subdivision sixteen of this section may be designated by the
state university as a reserve and transferred to a separate contractual
reserve account. The amounts in such accounts shall be available for use
in accordance with [paragraph b of subdivision four and] subdivision
eight of this section. Monies shall [only] be expended from the state
university health care account and the contractual reserve account
[pursuant to] WITHOUT appropriation; PROVIDED, HOWEVER, THAT GENERAL
FUND SUPPORT FOR THE OPERATIONS OF STATE UNIVERSITY HEALTH CARE FACILI-
TIES SHALL BE EXPENDED PURSUANT TO APPROPRIATION. Notwithstanding any
provision of this chapter, the state finance law or any other law to the
contrary, [such appropriations] MONIES APPROPRIATED IN SUPPORT OF THE
STATE UNIVERSITY HEALTH CARE FACILITIES shall remain in full force and
effect for two years from the effective date of the appropriation act
making the appropriation. Monies so transferred may be returned to the
state university health care account; provided, however, that funds in
such contractual reserve account must be sufficient to meet the obli-
gations of all such contracts.
S 6. Subdivision 8-b of section 355 of the education law is REPEALED.
S 7. Section 4 of the state finance law is amended by adding a new
subdivision 11 to read as follows:
11. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, MONEYS HELD BY
THE STATE UNIVERSITY OF NEW YORK DERIVED FROM FEES, USER CHARGES, SALES
OF PRODUCTS AND SERVICES, SAVINGS UNDER ENERGY PERFORMANCE, PROCUREMENT
OR SUPPLY CONTRACTS AND FROM SOURCES AND ACTIVITIES OF THE STATE UNIVER-
SITY THAT ARE INTENDED TO BE SELF-SUPPORTING SHALL BE PAID WITHOUT AN
APPROPRIATION.
S 8. Section 4 of the state finance law is amended by adding a new
subdivision 12 to read as follows:
12. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, THE MONEYS DEPOS-
ITED IN SPECIAL REVENUE FUNDS - OTHER APPROPRIATED FOR USE BY THE STATE
UNIVERSITY OF NEW YORK OR THE CITY UNIVERSITY OF NEW YORK SHALL BE
AVAILABLE FOR DISBURSEMENT WITHOUT A CERTIFICATE OF APPROVAL OR ALLO-
CATION.
S 9. Subdivision 2 of section 121 of the state finance law, as amended
by chapter 293 of the laws of 1992, is amended to read as follows:
2. There are excepted from payment to the treasury as provided by
subdivision one of this section: (i) all moneys to which the provisions
of subdivision four of section four of this chapter apply unless such
moneys are held in a fund subject to appropriation; (ii) moneys held as
part of the principal of an endowment of the state university of New
York, units thereof and other state agencies; (III) MONEYS RECEIVED BY
THE STATE UNIVERSITY OF NEW YORK DERIVED FROM FEES, USER CHARGES, SALES
OF PRODUCTS AND SERVICES, SAVINGS UNDER ENERGY PERFORMANCE, PROCUREMENT
OR SUPPLY CONTRACTS AND FROM SOURCES AND ACTIVITIES OF THE STATE UNIVER-
SITY THAT ARE INTENDED TO BE SELF-SUPPORTING; and [(iii)] (IV) moneys
received pursuant to a clinical practice plan established pursuant to
subdivision fourteen of section two hundred six of the public health
S. 8440 7
law. In those cases where such moneys are held in the custody of the
state officer other than the comptroller, the officer shall file with
the comptroller, at such times as the comptroller shall determine, a
detailed statement, in such form and content as the comptroller shall
prescribe, for the period covered by the statement. The comptroller
shall from time to time, but not less than once in every three years,
examine the books and accounts relating to such moneys heretofore or
hereinafter established, including its receipts, disbursements, invest-
ments, and any financial matters. An independent audit of such moneys
may be authorized by the comptroller in lieu of his own examination,
which examination shall be undertaken within twelve months of such
authorization.
S 10. Section 359 of the education law is amended by adding a new
subdivision 5 to read as follows:
5. ON OR BEFORE MARCH FIRST, ANNUALLY, FOR THE SIX MONTH PERIOD ENDING
THE PRECEDING DECEMBER THIRTY-FIRST, AND ON OR BEFORE SEPTEMBER FIRST,
FOR THE SIX MONTH PERIOD ENDING THE PRECEDING JUNE THIRTIETH, THE STATE
UNIVERSITY SHALL PROVIDE TO THE CHAIRS OF THE SENATE FINANCE COMMITTEE
AND ASSEMBLY WAYS AND MEANS COMMITTEE AND THE DIRECTOR OF THE BUDGET A
REPORT THAT SHALL INCLUDE THE FOLLOWING:
A. THE ALLOCATION BY THE STATE UNIVERSITY, BY STATE-OPERATED CAMPUS,
SYSTEM ADMINISTRATION AND UNIVERSITY-WIDE PROGRAM, OF STATE AID APPRO-
PRIATED TO THE STATE UNIVERSITY;
B. REVENUE RECEIVED BY EACH STATE-OPERATED CAMPUS FROM TUITION, FEES
AND OTHER SOURCES AND ACTIVITIES OF THE STATE UNIVERSITY THAT ARE
INTENDED TO BE SELF-SUPPORTING (I) WITH RESPECT TO TUITION REVENUE, BY
PROGRAM OR DEGREE CATEGORY, (II) WITH RESPECT TO FEE REVENUE, BY A LIST-
ING OF EACH FEE, THE AMOUNT THEREOF, AND AGGREGATE REVENUE PER FEE, AND
(III) WITH RESPECT TO REVENUE DERIVED FROM OTHER SOURCES AND ACTIVITIES,
BY A LISTING OF EACH SOURCE, AND THE AGGREGATE REVENUE DERIVED FROM EACH
SOURCE;
C. EXPENDITURES MADE BY EACH STATE-OPERATED CAMPUS FOR PERSONAL
SERVICE AND NON-PERSONAL SERVICE, AND (I) WITH RESPECT TO PERSONAL
SERVICE, FOR PERSONAL SERVICE-REGULAR, TEMPORARY SERVICE AND
HOLIDAY/OVERTIME COMPENSATION, AND (II) WITH RESPECT TO NON-PERSONAL
SERVICE, BY SUPPLIES AND MATERIALS, TRAVEL, CONTRACTUAL SERVICES AND
EQUIPMENT;
D. PROGRAMS AND ACTIVITIES THE STATE UNIVERSITY HAS FUNDED WITH
TUITION REVENUE DERIVED FROM UNIFORM RATES OF TUITION UPON THE BASIS OF
CAMPUS OR PROGRAM AUTHORIZED PURSUANT TO CLAUSE (I) OF SUBPARAGRAPH FOUR
OF PARAGRAPH (H) OF SUBDIVISION TWO OF SECTION THREE HUNDRED FIFTY-FIVE
OF THIS ARTICLE;
E. ENROLLMENT AT EACH STATE-OPERATED CAMPUS (I) IN THE AGGREGATE, AND
(II) BY PROGRAM OR DEGREE CATEGORY AS SET FORTH IN SUBPARAGRAPH (I) OF
PARAGRAPH B OF THIS SUBDIVISION; AND
F. SUCH OTHER INFORMATION AS THE DIRECTOR OF THE BUDGET SHALL REQUEST.
S 11. Section 352 of the education law is amended by adding a new
subdivision 4 to read as follows:
4. NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, THE STATE SHALL
ANNUALLY APPROPRIATE AND PAY AN AMOUNT EQUAL TO AVAILABLE STATE SUPPORT
FOR THE STATE UNIVERSITY. SUCH STATE PAYMENT SHALL BE MADE IN FOUR
INSTALLMENTS, ON OR BEFORE THE FIRST WEEK OF JULY, OCTOBER, JANUARY AND
APRIL.
S 12. State university of New York appropriation structure. Notwith-
standing any other provision of law to the contrary, gross operating
support for the state-operated and statutory and contract colleges of
S. 8440 8
the state university of New York shall be appropriated in a newly
created agency fund, and all gross operating expenses thereof, except
for general state charges centrally administered, shall be charged
against such fund in the first instance. The state comptroller may
establish such fund to allow for the full deposit of funds to support
such appropriations from the state's general fund and the state univer-
sity of New York tuition revenue account according to annual transfer
amounts approved for such purpose.
S 13. Paragraph 4-a of subdivision A of section 6221 of the education
law is REPEALED.
S 14. Section 6233 of the education law is amended by adding a new
subdivision 4 to read as follows:
4. ON OR BEFORE MARCH FIRST, ANNUALLY, FOR THE SIX MONTH PERIOD ENDING
THE PRECEDING DECEMBER THIRTY-FIRST, AND ON OR BEFORE SEPTEMBER FIRST,
FOR THE SIX MONTH PERIOD ENDING THE PRECEDING JUNE THIRTIETH, THE CITY
UNIVERSITY SHALL PROVIDE TO THE CHAIRS OF THE SENATE FINANCE COMMITTEE
AND ASSEMBLY WAYS AND MEANS COMMITTEE AND THE DIRECTOR OF THE BUDGET A
REPORT THAT SHALL INCLUDE THE FOLLOWING:
A. THE ALLOCATION BY THE CITY UNIVERSITY, BY SENIOR COLLEGE CAMPUS,
CENTRAL ADMINISTRATION AND UNIVERSITY-WIDE PROGRAMS, OF STATE AID APPRO-
PRIATED TO THE CITY UNIVERSITY;
B. REVENUE RECEIVED BY EACH SENIOR COLLEGE CAMPUS FROM TUITION, FEES
AND OTHER SOURCES AND ACTIVITIES OF THE CITY UNIVERSITY THAT ARE
INTENDED TO BE SELF-SUPPORTING (I) WITH RESPECT TO TUITION REVENUE, BY
PROGRAM OR DEGREE CATEGORY, (II) WITH RESPECT TO FEE REVENUE, BY A LIST-
ING OF EACH FEE, THE AMOUNT THEREOF, AND AGGREGATE REVENUE PER FEE, AND
(III) WITH RESPECT TO REVENUE DERIVED FROM OTHER SOURCES AND ACTIVITIES,
BY A LISTING OF EACH SOURCE, AND THE AGGREGATE REVENUE DERIVED FROM EACH
SOURCE;
C. EXPENDITURES MADE BY EACH SENIOR COLLEGE CAMPUS FOR PERSONAL
SERVICE AND NON-PERSONAL SERVICE, AND (I) WITH RESPECT TO PERSONAL
SERVICE, FOR PERSONAL SERVICE-REGULAR, TEMPORARY SERVICE AND
HOLIDAY/OVERTIME COMPENSATION, AND (II) WITH RESPECT TO NON-PERSONAL
SERVICE, BY SUPPLIES AND MATERIALS, TRAVEL, CONTRACTUAL SERVICES AND
EQUIPMENT;
D. PROGRAMS AND ACTIVITIES THE CITY UNIVERSITY HAS FUNDED WITH TUITION
REVENUE DERIVED FROM UNIFORM RATES OF TUITION UPON THE BASIS OF CAMPUS
OR PROGRAM AUTHORIZED PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH (A) OF
SUBDIVISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS ARTICLE;
E. ENROLLMENT AT EACH SENIOR COLLEGE CAMPUS (I) IN THE AGGREGATE, AND
(II) BY PROGRAM OR DEGREE CATEGORY AS SET FORTH IN SUBPARAGRAPH (I) OF
PARAGRAPH B OF THIS SUBDIVISION; AND
F. SUCH OTHER INFORMATION AS THE DIRECTOR OF THE BUDGET SHALL REQUEST.
S 15. Subdivision 1 of section 355-a of the education law, as amended
by chapter 552 of the laws of 1985, paragraph (b) as amended by chapter
554 of the laws of 1985, is amended to read as follows:
1. (a) NOTWITHSTANDING ANY LAW TO THE CONTRARY, ALL RIGHTS AND BENE-
FITS, INCLUDING TERMS AND CONDITIONS OF EMPLOYMENT, AND PROTECTION OF
CIVIL SERVICE AND COLLECTIVE BARGAINING STATUS OF ALL EMPLOYEES OF THE
STATE UNIVERSITY AFFECTED BY THE PROVISIONS OF THE NEW YORK STATE PUBLIC
HIGHER EDUCATION FAIRNESS ACT, SHALL BE PRESERVED AND PROTECTED.
EMPLOYEES IN ANY NEWLY CREATED POSITIONS WITHIN THE STATE UNIVERSITY
SHALL BE CONSIDERED PUBLIC EMPLOYEES FOR ALL PURPOSES OF ARTICLE FOUR-
TEEN OF THE CIVIL SERVICE LAW.
(B) The state university trustees are authorized and empowered to
classify and reclassify all positions in the state university determined
S. 8440 9
pursuant to section thirty-five of the civil service law to be in the
professional service as defined in subdivision three of this section,
except those of the New York state colleges, schools and experiment
stations administered by Cornell university and Alfred university.
[(b)] (C) To the fullest extent possible consistent with its authority
under the civil service law, and after consultation with the state
university trustees, the state civil service commission shall consider
the unique educational mission and operating requirements of the state
university when making any determination relating to the jurisdictional
classification of positions in the state university in the classified
service. The director of the classification and compensation division of
the department of civil service shall similarly consider the unique
educational mission and operating requirements of the state university
when making determinations concerning the classification and reclassi-
fication and the allocation and reallocation of the positions in the
state university in the classified service.
S 16. Section 6207 of the education law, as added by chapter 305 of
the laws of 1979, is amended to read as follows:
S 6207. Administration of civil service. 1. NOTWITHSTANDING ANY LAW
TO THE CONTRARY, ALL RIGHTS AND BENEFITS, INCLUDING TERMS AND CONDITIONS
OF EMPLOYMENT, AND PROTECTION OF CIVIL SERVICE AND COLLECTIVE BARGAINING
STATUS OF ALL EMPLOYEES OF THE CITY UNIVERSITY AFFECTED BY THE
PROVISIONS OF THE NEW YORK STATE PUBLIC HIGHER EDUCATION FAIRNESS ACT,
SHALL BE PRESERVED AND PROTECTED. EMPLOYEES IN ANY NEWLY CREATED POSI-
TIONS WITHIN THE CITY UNIVERSITY SHALL BE CONSIDERED PUBLIC EMPLOYEES
FOR ALL PURPOSES OF ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW.
2. The city university, for the purpose of administering the state
civil service law, shall be deemed to be a municipal employer, provided,
however, that the city university may elect to delegate the adminis-
tration of any or all of the provisions of the civil service law, except
article fourteen OF SUCH LAW, to the department of personnel of the city
of New York. In that event, the city department of personnel shall
enter into a contract with such university for the rendition of such
services. The city university of New York shall compensate the city of
New York for such services only with respect to such services rendered
for or on behalf of the senior colleges of such university. If the city
of New York and city university cannot agree on the amount of such
compensation, the state comptroller shall determine the fair and reason-
able value of such services and the city university shall pay such sum
to the city of New York. Any person on an eligible list for a position
with the city university of New York in effect on the effective date of
this article shall continue to hold such position on such list and shall
be entitled to the same civil service rights. With respect to all
persons employed by the city university on the effective date of this
article, the city university and the city of New York shall be deemed to
be the same public employer only for purposes of transfer of employment
under the civil service law. No civil service right of an employee of
the city university of New York employed on the effective date of this
article shall be lost, impaired or affected by reason of the enactment
of this article into law.
S 17. Item (c) of subclause 1 of clause (A) of subparagraph (i) of
paragraph a of subdivision 3 of section 667 of the education law, as
amended by section 1 of part B of chapter 60 of the laws of 2000, is
amended to read as follows:
(c) For students first receiving aid in [the] two thousand--two thou-
sand one and thereafter, five thousand dollars[.] , UNLESS, COMMENCING
S. 8440 10
IN THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE ACADEMIC YEAR AND THERE-
AFTER, THE ANNUAL RESIDENT UNDERGRADUATE TUITION AT EITHER THE STATE
UNIVERSITY OF NEW YORK OR THE CITY UNIVERSITY OF NEW YORK EXCEEDS SUCH
AMOUNT, IN WHICH CASE THE MAXIMUM BASIS ON WHICH TO COMPUTE A TUITION
ASSISTANCE PROGRAM AWARD PURSUANT TO THIS SUBDIVISION SHALL BE EQUAL TO
FIVE THOUSAND DOLLARS PLUS SIX-TENTHS THE DIFFERENCE BETWEEN THE HIGHEST
ANNUAL RESIDENT UNDERGRADUATE TUITION AT THE STATE UNIVERSITY OF NEW
YORK OR THE CITY UNIVERSITY OF NEW YORK, WHICHEVER IS HIGHER, AND FIVE
THOUSAND DOLLARS;
S 18. This act shall take effect immediately and shall expire and be
deemed repealed June 30, 2015.
PART B
Section 1. Paragraph a of subdivision 2 of section 355 of the educa-
tion law, as amended by chapter 552 of the laws of 1985, is amended to
read as follows:
a. (1) To take, hold and administer on behalf of the state university
or any institution therein, real and personal property or any interest
therein and the income thereof either absolutely or in trust for any
educational or other purpose within the jurisdiction and corporate
purposes of the state university. The trustees may acquire property for
such purposes by purchase, appropriation or lease and by the acceptance
of gifts, grants, bequests and devises, and, within appropriations made
therefor, may equip and furnish buildings and otherwise improve property
owned, used or occupied by the state university or any institution ther-
ein. THE TRUSTEES MAY ACQUIRE PROPERTY BY THE ACCEPTANCE OF CONDITIONAL
GIFTS, GRANTS, DEVISES OR BEQUESTS, THE PROVISIONS OF SECTION ELEVEN OF
THE STATE FINANCE LAW NOTWITHSTANDING. Where real property is to be
acquired by purchase or appropriation, such acquisition shall be in
accordance with the provisions of section three hundred seven of this
chapter except that the powers and duties in said section mentioned to
be performed by the commissioner [of education] shall be performed by
the state university trustees.
(2) THE PROVISIONS OF SECTIONS THREE, THIRTY-A, AND THIRTY-THREE OF
THE PUBLIC LANDS LAW NOTWITHSTANDING, THE TRUSTEES MAY PROVIDE FOR THE
LEASE, TRANSFER OR CONVEYANCE, OTHER THAN CONVEYANCE OF TITLE, OF
STATE-OWNED REAL PROPERTY UNDER THE JURISDICTION OF THE STATE UNIVERSITY
OF NEW YORK AT BUFFALO, THE STATE UNIVERSITY OF NEW YORK AT STONY BROOK,
THE STATE UNIVERSITY OF NEW YORK AT BINGHAMTON, AND THE STATE UNIVERSITY
OF NEW YORK AT ALBANY, UPON APPROVAL OF THE STATE UNIVERSITY ASSET
MAXIMIZATION REVIEW BOARD CREATED PURSUANT TO SECTION THREE HUNDRED
SIXTY-ONE OF THIS ARTICLE. THE FOREGOING NOTWITHSTANDING, THE TRUSTEES,
UPON APPROVAL OF THE STATE UNIVERSITY ASSET MAXIMIZATION REVIEW BOARD,
MAY PROVIDE FOR THE LEASE OF SUCH REAL PROPERTY FOR PERIODS NOT TO
EXCEED FIFTY YEARS IN SUPPORT OF THE EDUCATIONAL AND OTHER CORPORATE
PURPOSES OF THE STATE UNIVERSITY, UNLESS THE SUBJECT PROJECT IS IN
CONFLICT WITH THE MISSION OF THE CAMPUS TO WHICH IT RELATES, INCLUDING
BUT NOT LIMITED TO, THE DEVELOPMENT AND OPERATION OF RESEARCH, INCUBA-
TOR, COMMUNITY, HEALTH CARE, RETAIL, FOOD SERVICE, TELECOMMUNICATION,
STUDENT AND FACULTY HOUSING, ENERGY, GOVERNMENTAL, SENIOR COMMUNITY,
HOTEL, CONFERENCE CENTER AND RECREATIONAL FACILITIES, AND FOR THE
PURPOSE OF MAXIMIZING THE USE OF NATURAL RESOURCES; PROVIDED, HOWEVER,
THAT WITH REGARD TO ANY SUCH LEASE, TRANSFER OR CONVEYANCE:
(I) SUCH LEASE OR AGREEMENT SHALL BE DEEMED A STATE CONTRACT FOR
PURPOSES OF ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW, AND THE ENTITY
S. 8440 11
ENTERING INTO SUCH CONTRACT SHALL BE DEEMED A STATE AGENCY FOR PURPOSES
OF ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW.
(II) ALL WORK PERFORMED ON A PROJECT WHERE ALL OR ANY PORTION THEREOF
INVOLVES A LEASE OR AGREEMENT FOR CONSTRUCTION, DEMOLITION, RECON-
STRUCTION, EXCAVATION, REHABILITATION, REPAIR, RENOVATION, ALTERATION OR
IMPROVEMENT SHALL BE DEEMED A PUBLIC WORK AND SHALL BE SUBJECT TO AND
PERFORMED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE EIGHT 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 EIGHT OF THE
LABOR LAW SHALL BE REQUIRED OF ANY LESSEE, SUBLESSEE, CONTRACTOR OR
SUBCONTRACTOR ON THE PROJECT.
(III) THE LESSEE OR SUBLESSEE SHALL INDEMNIFY AND DEFEND THE STATE
UNIVERSITY OF NEW YORK AGAINST ALL CLAIMS, SUITS, ACTIONS AND LIABILITY
TO ALL PERSONS ARISING OUT OF THE LESSEE OR SUBLESSEE'S USE OR OCCUPANCY
OF THE DEMISED PREMISES.
(IV) NOTHING IN THE LEASE OR AGREEMENT 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 COLLECTIVE BARGAINING AGREEMENTS. ALL WORK PERFORMED ON THE DEMISED
PREMISES THAT ORDINARILY WOULD BE PERFORMED BY EMPLOYEES SUBJECT TO
ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW SHALL CONTINUE TO BE PERFORMED
BY SUCH EMPLOYEES.
(V) UPON THE EXPIRATION OF THE LEASE OR AGREEMENT, THE DEMISED PREM-
ISES SHALL REVERT TO THE STATE UNIVERSITY OF NEW YORK.
(VI) IN THE EVENT THE DEMISED PREMISES SHALL CEASE TO BE USED FOR THE
PURPOSES DESCRIBED IN THE LEASE OR AGREEMENT, THE LEASE OR AGREEMENT
SHALL IMMEDIATELY TERMINATE, AND THE DEMISED PREMISES SHALL REVERT TO
THE STATE UNIVERSITY OF NEW YORK.
(VII) ANY CONTRACTS AWARDED OR ENTERED INTO BY A CAMPUS RELATED FOUN-
DATION, ALUMNI ASSOCIATION OR AFFILIATE THEREOF, ANY NOT-FOR-PROFIT
CORPORATION OR ASSOCIATION ORGANIZED BY A STATE-OPERATED INSTITUTION TO
FURTHER ITS PURPOSES, OR ANY LIMITED LIABILITY COMPANY WHOSE SOLE MEMBER
IS ANY OF THE FOREGOING ENTITIES, FOR CONSTRUCTION, RECONSTRUCTION,
RENOVATION, REHABILITATION, IMPROVEMENT OR EXPANSION AT THE STATE-OPER-
ATED INSTITUTION, FOR ANY SINGLE CONSTRUCTION PROJECT EXCEEDING TEN
MILLION DOLLARS IN THE AGGREGATE, FOR WHICH MORE THAN TWENTY-FIVE
PERCENT OF SUCH AGGREGATE AMOUNT IS TO BE PAID FROM APPROPRIATIONS
FURNISHED BY EITHER THE STATE OF NEW YORK OR THE STATE UNIVERSITY, SUCH
CONSTRUCTION, RECONSTRUCTION, RENOVATION, REHABILITATION, IMPROVEMENT OR
EXPANSION AT THE STATE-OPERATED INSTITUTION SHALL BE UNDERTAKEN PURSUANT
TO A PROJECT LABOR AGREEMENT, AS DEFINED IN SUBDIVISION ONE OF SECTION
TWO HUNDRED TWENTY-TWO OF THE LABOR LAW, PROVIDED A STUDY DONE BY OR FOR
THE CONTRACTING ENTITY DETERMINES THAT A PROJECT LABOR 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 CLAUSE, THE TERM "SINGLE CONSTRUCTION
PROJECT" SHALL MEAN ANY CONSTRUCTION, RECONSTRUCTION, RENOVATION, REHA-
BILITATION, IMPROVEMENT OR EXPANSION ACTIVITY ASSOCIATED WITH ONE OR
MORE BUILDINGS, STRUCTURES OR IMPROVEMENTS, INCLUDING ALL DIRECTLY
RELATED INFRASTRUCTURE AND SITE WORK IN CONTEMPLATION THEREOF, THAT ARE
FUNCTIONALLY INTERDEPENDENT.
(3) THE PROVISIONS OF SECTION ONE HUNDRED SIXTY-SEVEN OF THE STATE
FINANCE LAW NOTWITHSTANDING, THE TRUSTEES MAY PROVIDE FOR THE SALE,
LEASE, TRANSFER OR CONVEYANCE OF PERSONAL PROPERTY UNDER THE CUSTODY AND
S. 8440 12
CONTROL OF THE STATE UNIVERSITY IN SUCH MANNER AND UPON SUCH TERMS AS
THE TRUSTEES SHALL DETERMINE. THE PROVISIONS OF SECTION TWENTY-THREE OF
THE PUBLIC LANDS LAW AND SECTION ONE HUNDRED SIXTY-SEVEN OF THE STATE
FINANCE LAW NOTWITHSTANDING, THE PROCEEDS FROM THE SALE, LEASE, TRANSFER
OR CONVEYANCE OF STATE-OWNED REAL PROPERTY UNDER THE JURISDICTION OF THE
STATE UNIVERSITY OR OF PERSONAL PROPERTY UNDER THE CUSTODY AND CONTROL
OF THE STATE UNIVERSITY SHALL BE RETAINED BY THE STATE UNIVERSITY.
S 2. The education law is amended by adding a new section 361 to read
as follows:
S 361. STATE UNIVERSITY ASSET MAXIMIZATION REVIEW BOARD; CREATION;
PROCEDURE. 1. CREATION. (A) THE STATE UNIVERSITY ASSET MAXIMIZATION
REVIEW BOARD ("THE BOARD") IS HEREBY CREATED TO HAVE AND EXERCISE THE
POWERS, DUTIES AND PREROGATIVES PROVIDED BY THE PROVISIONS OF THIS
SECTION AND ANY OTHER PROVISION OF LAW.
(B) THE VOTING MEMBERSHIP OF THE BOARD SHALL CONSIST OF THREE PERSONS
APPOINTED BY THE GOVERNOR, OF WHICH ONE SHALL BE UPON THE RECOMMENDATION
OF THE TEMPORARY PRESIDENT OF THE SENATE AND ONE UPON THE RECOMMENDATION
OF THE SPEAKER OF THE ASSEMBLY. UPON RECOMMENDATION OF THE NOMINATING
PARTY, THE GOVERNOR SHALL REPLACE ANY MEMBER IN ACCORDANCE WITH THE
PROVISION CONTAINED IN THIS SUBDIVISION FOR THE APPOINTMENT OF MEMBERS.
THE GOVERNOR SHALL DESIGNATE ONE OF THE MEMBERS TO SERVE AS CHAIRPERSON.
THE BOARD SHALL ACT BY UNANIMOUS VOTE OF THE MEMBERS OF THE BOARD;
PROVIDED, HOWEVER THAT WITHIN FORTY-FIVE DAYS OF RECEIPT OF AN APPLICA-
TION SPECIFIED IN PARAGRAPH (B) OF SUBDIVISION THREE OF THIS SECTION,
THE DESIGNATED BOARD CHAIRPERSON SHALL CONVENE A MEETING OF THE BOARD,
CONSISTING OF ALL VOTING AND NON-VOTING MEMBERS OF THE BOARD PURSUANT TO
THIS PARAGRAPH AND PARAGRAPHS (C), (D) AND (E) OF THIS SUBDIVISION
PROVIDED, HOWEVER THAT ALL VOTING MEMBERS OR THEIR DESIGNEE MUST PARTIC-
IPATE TO APPROVE OR DENY AN APPLICATION. ANY DETERMINATION OF THE BOARD
SHALL BE EVIDENCED BY A CERTIFICATION THEREOF EXECUTED BY ALL THE
MEMBERS. EACH MEMBER OF THE BOARD SHALL BE ENTITLED TO DESIGNATE A
REPRESENTATIVE TO ATTEND MEETINGS OF THE BOARD ON THE DESIGNATING
MEMBER'S BEHALF, AND TO VOTE OR OTHERWISE ACT ON THE DESIGNATING
MEMBER'S BEHALF IN THE DESIGNATING MEMBER'S ABSENCE. NOTICE OF SUCH
DESIGNATION SHALL BE FURNISHED IN WRITING TO THE BOARD BY THE DESIGNAT-
ING MEMBER. A REPRESENTATIVE SHALL SERVE AT THE PLEASURE OF THE DESIG-
NATING MEMBER DURING THE MEMBER'S TERM OF OFFICE. A REPRESENTATIVE SHALL
NOT BE AUTHORIZED TO DELEGATE ANY OF HIS OR HER DUTIES OR FUNCTIONS TO
ANY OTHER PERSON.
(C) THE GOVERNOR SHALL ALSO APPOINT TWO NON-VOTING MEMBERS TO THE
BOARD OF WHICH ONE SHALL BE UPON THE RECOMMENDATION OF THE MINORITY
LEADER OF THE SENATE AND ONE UPON THE RECOMMENDATION OF THE MINORITY
LEADER OF THE ASSEMBLY. EACH NON-VOTING MEMBER SHALL BE ENTITLED TO
DESIGNATE A REPRESENTATIVE TO ATTEND MEETINGS OF THE BOARD IN HIS OR HER
PLACE.
(D) TWO EX-OFFICIO NON-VOTING MEMBERS OF THE BOARD SHALL BE THE STATE
COMPTROLLER AND THE STATE ATTORNEY GENERAL. EACH EX-OFFICIO MEMBER SHALL
BE ENTITLED TO DESIGNATE A REPRESENTATIVE TO ATTEND MEETINGS OF THE
BOARD IN HIS OR HER PLACE.
(E) TWO EX-OFFICIO NON-VOTING MEMBERS OF THE BOARD SHALL BE THE PRESI-
DENT OF THE AFL-CIO AND THE DIRECTOR OF THE DIVISION OF MINORITY AND
WOMEN-OWNED BUSINESS ENTERPRISES OF THE EMPIRE STATE DEVELOPMENT CORPO-
RATION. EACH EX-OFFICIO MEMBER SHALL BE ENTITLED TO DESIGNATE A REPRE-
SENTATIVE TO ATTEND MEETINGS OF THE BOARD IN HIS OR HER PLACE.
(F) EVERY OFFICER, EMPLOYEE, OR MEMBER OF A GOVERNING BOARD OR OTHER
BOARD OF ANY COLLEGE OR GROUP OR ASSOCIATION OF COLLEGES, AND EVERY NEW
S. 8440 13
YORK STATE REGENT, EVERY OFFICER OR EMPLOYEE OF THE BOARD OF REGENTS OR
THE DEPARTMENT AND EVERY TRUSTEE, OFFICER OR EMPLOYEE OF THE STATE
UNIVERSITY OF NEW YORK SHALL BE INELIGIBLE FOR APPOINTMENT AS A MEMBER,
REPRESENTATIVE, OFFICER, EMPLOYEE OR AGENT OF THE BOARD.
(G) THE MEMBERS OF THE BOARD SHALL SERVE WITHOUT SALARY OR PER DIEM
ALLOWANCE BUT SHALL BE ENTITLED TO REIMBURSEMENT FOR ACTUAL AND NECES-
SARY EXPENSES INCURRED IN THE PERFORMANCE OF OFFICIAL DUTIES PURSUANT TO
THIS SECTION OR OTHER PROVISION OF LAW, PROVIDED HOWEVER THAT SUCH
MEMBERS AND REPRESENTATIVES ARE NOT, AT THE TIME SUCH EXPENSES ARE
INCURRED, PUBLIC OFFICERS OR EMPLOYEES OTHERWISE ENTITLED TO SUCH
REIMBURSEMENT.
(H) THE MEMBERS, THEIR REPRESENTATIVES, OFFICERS AND STAFF TO THE
BOARD SHALL BE DEEMED EMPLOYEES WITHIN THE MEANING OF SECTION SEVENTEEN
OF THE PUBLIC OFFICERS LAW.
2. POWERS, FUNCTIONS AND DUTIES OF THE STATE UNIVERSITY ASSET MAXIMI-
ZATION REVIEW BOARD; LIMITATIONS. PURSUANT TO THIS CHAPTER, THE BOARD
SHALL HAVE THE POWER AND IT SHALL BE ITS DUTY TO APPROVE OR DENY: (A)
REQUESTS RECEIVED FROM THE TRUSTEES OF THE STATE UNIVERSITY FOR THE
LEASE, TRANSFER OR CONVEYANCE, OTHER THAN THE CONVEYANCE OF TITLE, OF
STATE-OWNED REAL PROPERTY UNDER THE JURISDICTION OF THE STATE
UNIVERSITY, AND (B) REQUESTS FROM THE TRUSTEES OF THE STATE UNIVERSITY
TO PARTICIPATE IN JOINT AND COOPERATIVE ARRANGEMENTS WITH PUBLIC,
NOT-FOR-PROFIT AND BUSINESS ENTITIES AS PARTNERS, JOINT VENTURERS,
MEMBERS OF NOT-FOR-PROFIT CORPORATIONS, MEMBERS OF LIMITED LIABILITY
COMPANIES AND SHAREHOLDERS OF BUSINESS CORPORATIONS, AS AUTHORIZED BY
PARAGRAPH Z OF SUBDIVISION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OF
THIS ARTICLE.
3. (A) THE TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK SHALL SUBMIT,
IN WRITING, AN APPLICATION TO ALL VOTING AND NON-VOTING MEMBERS OF THE
BOARD FOR THE LEASE, TRANSFER, CONVEYANCE, OTHER THAN THE CONVEYANCE OF
TITLE, OF STATE-OWNED REAL PROPERTY UNDER THE JURISDICTION OF THE STATE
UNIVERSITY. THE APPLICATION SHALL INCLUDE, BUT NOT BE LIMITED TO, THE
NAME OR NAMES OF THE PROSPECTIVE ENTITY FOR WHICH A LEASE OR AGREEMENT
SHALL BE ENTERED, THE GEOGRAPHICAL LOCATION AND PARCEL OF REAL PROPERTY
THAT WOULD BE UTILIZED, THE PERIOD OF TIME FOR WHICH THE LEASE, TRANSFER
OR CONVEYANCE IS TO BE EXECUTED AND ANY CONSIDERATION WHICH IS TO BE
GRANTED TO THE STATE UNIVERSITY FOR THE LEASE, TRANSFER OR CONVEYANCE OF
SUCH REAL PROPERTY. WHERE A LEASE AGREEMENT FOR STUDENT AND/OR FACULTY
HOUSING IS SUBMITTED TO THE BOARD FOR APPROVAL, IF APPLICABLE, THE BOARD
MAY TAKE INTO CONSIDERATION WHETHER THE AGREEMENT WOULD IMPACT OCCUPANCY
IN DORMITORIES FINANCED PURSUANT TO AGREEMENTS BETWEEN THE DORMITORY
AUTHORITY OF THE STATE OF NEW YORK, THE STATE UNIVERSITY OF NEW YORK OR
THE STATE UNIVERSITY CONSTRUCTION FUND. THE TRUSTEES SHALL ALSO FURNISH
ANY OTHER INFORMATION THAT THE BOARD DEEMS NECESSARY WITHIN FIFTEEN DAYS
OF THE REQUEST.
(B) UPON RECEIPT OF AN APPLICATION FROM THE TRUSTEES, THE BOARD SHALL
HAVE NO MORE THAN FORTY-FIVE DAYS TO EVALUATE SUCH APPLICATION AND
RECORD A VOTE OF APPROVE OR DENY FOR EACH VOTING MEMBER OF THE BOARD.
(C) WITHIN THREE DAYS OF RECEIPT OF AN APPLICATION BY THE BOARD, THE
CHAIRPERSON OF THE BOARD SHALL CONVENE AN INITIAL MEETING TO TAKE PLACE
WITH AT LEAST SEVEN DAYS ADVANCE NOTICE TO ALL MEMBERS OF THE BOARD, AND
WITHIN TWENTY-ONE DAYS OF THE RECEIPT OF THE APPLICATION FOR THE PURPOSE
OF RECORDING A VOTE TO APPROVE, DENY, OR TABLE THE APPLICATION. IF ANY
VOTE IS MADE TO DENY THE APPLICATION, THE APPLICATION IS DENIED UNLESS
THERE IS A VOTE TO TABLE THE APPLICATION. IF AT THE INITIAL MEETING,
ANY VOTING MEMBER OR THEIR DESIGNEE DOES NOT PARTICIPATE TO RECORD A
S. 8440 14
VOTE, OR IF THERE IS A VOTE TO TABLE THE APPLICATION, THEN WITHIN THREE
DAYS OF THE INITIAL MEETING, THE CHAIRPERSON OF THE BOARD SHALL CONVENE
A SUBSEQUENT MEETING WITH AT LEAST SEVEN DAYS ADVANCE NOTICE TO ALL
MEMBERS OF THE BOARD, AND WITHIN THIRTY-FIVE DAYS OF THE RECEIPT OF THE
APPLICATION FOR THE PURPOSE OF RECORDING A VOTE TO APPROVE, DENY, OR
TABLE THE APPLICATION. IF ANY VOTE IS MADE TO DENY THE APPLICATION, THE
APPLICATION IS DENIED UNLESS THERE IS A VOTE TO TABLE THE APPLICATION.
IF AT THE SUBSEQUENT MEETING, ANY VOTING MEMBER OR THEIR DESIGNEE DOES
NOT PARTICIPATE TO RECORD A VOTE, OR IF THERE IS A VOTE TO TABLE THE
APPLICATION, THEN WITHIN THREE DAYS OF THE SUBSEQUENT MEETING, THE
CHAIRPERSON OF THE BOARD SHALL CONVENE A FINAL MEETING WITH AT LEAST
SEVEN DAYS ADVANCE NOTICE TO ALL MEMBERS OF THE BOARD, AND WITHIN
FORTY-FIVE DAYS OF THE RECEIPT OF THE APPLICATION FOR THE PURPOSE OF
RECORDING A VOTE TO APPROVE OR DENY THE APPLICATION. IF ANY VOTE IS MADE
TO DENY THE APPLICATION, THE APPLICATION IS DENIED. IF ANY VOTING MEMBER
OR THEIR DESIGNEE DOES NOT PARTICIPATE IN THE FINAL MEETING, OR IF ANY
VOTING MEMBER DOES NOT CAST A VOTE TO APPROVE OR DENY THE APPLICATION,
THEN THE VOTE OF SUCH MEMBER SHALL BE RECORDED AS A VOTE TO APPROVE THE
APPLICATION.
(D) IN THE EVENT THAT THE CHAIRPERSON OF THE BOARD DOES NOT CONVENE A
MEETING REQUIRED PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION, EITHER
OF THE OTHER VOTING MEMBERS OF THE BOARD SHALL HAVE THE AUTHORITY TO
CONVENE SUCH MEETING WITHIN THE SAME PARAMETERS AND WITH THE SAME CRITE-
RIA REQUIRED BY SUCH PARAGRAPH, EXCEPT THAT ANY SUCH MEETING SHALL BE
CONVENED WITHIN TWO DAYS OF THE EXPIRATION OF THE THREE DAY TIME ALLOT-
MENT PROVIDED TO THE CHAIRPERSON. IN ADDITION, NOTHING IN THIS SECTION
SHALL PREVENT THE CHAIRPERSON FROM CONVENING ADDITIONAL MEETINGS NOT
SPECIFICALLY REQUIRED PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION,
PROVIDED THAT ANY SUCH MEETING SHALL ALLOW AT LEAST SEVEN DAYS ADVANCE
NOTICE TO ALL MEMBERS OF THE BOARD.
(E) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBDIVISION, ANY
ADVANCE NOTICE REQUIREMENTS MAY BE WAIVED UPON THE CONSENT OF ALL VOTING
MEMBERS OF THE BOARD.
(F) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBDIVISION, IF ANY
VOTING MEMBER CASTS A VOTE TO TABLE THE APPLICATION, NO OTHER VOTES
SHALL BE RECORDED UNTIL A SUBSEQUENT MEETING IS CONVENED. PROVIDED,
HOWEVER, THAT A VOTE TO TABLE THE APPLICATION SHALL NOT BE ALLOWABLE
AFTER THIRTY-FIVE DAYS OF THE RECEIPT OF THE APPLICATION.
(G) ALL MEETINGS CONVENED BY THE BOARD SHALL BE SUBJECT TO THE OPEN
MEETINGS LAW, AND ANY VOTES RECORDED BY ANY VOTING MEMBER OF THE BOARD
SHALL BE MADE PUBLIC.
(H) UPON APPROVAL OF AN APPLICATION, THE TRUSTEES SHALL SUBMIT TO THE
BOARD PROOF OF COMPLIANCE WITH ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW
AND UPON NON-COMPLIANCE, SHALL PROVIDE GOOD CAUSE SHOWN FOR SUCH
NON-COMPLIANCE. UPON REVIEW OF SUCH INFORMATION, THE BOARD SHALL REPORT
ITS FINDINGS TO THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF
THE ASSEMBLY, THE CHAIR OF ASSEMBLY WAYS AND MEANS COMMITTEE, THE CHAIR
OF THE SENATE FINANCE COMMITTEE AND THE CHAIR OF THE HIGHER EDUCATION
COMMITTEES IN BOTH HOUSES.
4. (A) THE TRUSTEES OF THE STATE UNIVERSITY SHALL SUBMIT, IN WRITING,
AN APPLICATION TO ALL VOTING AND NON-VOTING MEMBERS OF THE BOARD TO
PARTICIPATE IN JOINT AND COOPERATIVE ARRANGEMENTS WITH PUBLIC, NOT-FOR-
PROFIT AND BUSINESS ENTITIES AS PARTNERS, JOINT VENTURERS, MEMBERS OF
NOT-FOR-PROFIT CORPORATIONS, MEMBERS OF LIMITED LIABILITY COMPANIES AND
SHAREHOLDERS OF BUSINESS CORPORATIONS, AS AUTHORIZED BY PARAGRAPH Z OF
SUBDIVISION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OF THIS ARTICLE. THE
S. 8440 15
APPLICATION SHALL INCLUDE, BUT NOT BE LIMITED TO, THE NAME OF THE ENTITY
WITH WHICH THE STATE UNIVERSITY SEEKS TO PARTICIPATE, THE TYPE OF LEGAL
ENTITY TO BE CREATED, AND THE TRANSACTION THAT THE STATE UNIVERSITY AND
THE OTHER PARTICIPANT SEEK TO UNDERTAKE. THE TRUSTEES SHALL ALSO FURNISH
INFORMATION RELATED TO THEIR PLANS TO ADVERTISE PROSPECTIVE PROJECTS IN
THE PROCUREMENT OPPORTUNITIES NEWSLETTER AND IN LOCAL NEWSPAPERS AND
TAKE ANY OTHER STEPS TO MAXIMIZE THE OPPORTUNITY FOR LOCAL BUSINESS
PARTICIPATION AND THE BOARD MAY REQUEST ANY OTHER INFORMATION THAT THE
BOARD DEEMS NECESSARY WITHIN FIFTEEN DAYS OF THE REQUEST.
(B) UPON RECEIPT OF AN APPLICATION FROM THE TRUSTEES, THE BOARD SHALL
HAVE NO MORE THAN FORTY-FIVE DAYS TO EVALUATE SUCH APPLICATION AND
RECORD A VOTE OF APPROVE OR DENY FOR EACH VOTING MEMBER OF THE BOARD.
(C) WITHIN THREE DAYS OF RECEIPT OF AN APPLICATION BY THE BOARD, THE
CHAIRPERSON OF THE BOARD SHALL CONVENE AN INITIAL MEETING TO TAKE PLACE
WITH AT LEAST SEVEN DAYS ADVANCE NOTICE TO ALL MEMBERS OF THE BOARD, AND
WITHIN TWENTY-ONE DAYS OF THE RECEIPT OF THE APPLICATION FOR THE PURPOSE
OF RECORDING A VOTE TO APPROVE, DENY, OR TABLE THE APPLICATION. IF ANY
VOTE IS MADE TO DENY THE APPLICATION, THE APPLICATION IS DENIED UNLESS
THERE IS A VOTE TO TABLE THE APPLICATION. IF AT THE INITIAL MEETING,
ANY VOTING MEMBER OR THEIR DESIGNEE DOES NOT PARTICIPATE TO RECORD A
VOTE, OR IF THERE IS A VOTE TO TABLE THE APPLICATION, THEN WITHIN THREE
DAYS OF THE INITIAL MEETING, THE CHAIRPERSON OF THE BOARD SHALL CONVENE
A SUBSEQUENT MEETING WITH AT LEAST SEVEN DAYS ADVANCE NOTICE TO ALL
MEMBERS OF THE BOARD, AND WITHIN THIRTY-FIVE DAYS OF THE RECEIPT OF THE
APPLICATION FOR THE PURPOSE OF RECORDING A VOTE TO APPROVE, DENY, OR
TABLE THE APPLICATION. IF ANY VOTE IS MADE TO DENY THE APPLICATION, THE
APPLICATION IS DENIED UNLESS THERE IS A VOTE TO TABLE THE APPLICATION.
IF AT THE SUBSEQUENT MEETING, ANY VOTING MEMBER OR THEIR DESIGNEE DOES
NOT PARTICIPATE TO RECORD A VOTE, OR IF THERE IS A VOTE TO TABLE THE
APPLICATION, THEN WITHIN THREE DAYS OF THE SUBSEQUENT MEETING, THE
CHAIRPERSON OF THE BOARD SHALL CONVENE A FINAL MEETING WITH AT LEAST
SEVEN DAYS ADVANCE NOTICE TO ALL MEMBERS OF THE BOARD, AND WITHIN
FORTY-FIVE DAYS OF THE RECEIPT OF THE APPLICATION FOR THE PURPOSE OF
RECORDING A VOTE TO APPROVE OR DENY THE APPLICATION. IF ANY VOTE IS MADE
TO DENY THE APPLICATION, THE APPLICATION IS DENIED. IF ANY VOTING MEMBER
OR THEIR DESIGNEE DOES NOT PARTICIPATE IN THE FINAL MEETING, OR IF ANY
VOTING MEMBER DOES NOT CAST A VOTE TO APPROVE OR DENY THE APPLICATION,
THEN THE VOTE OF SUCH MEMBER SHALL BE RECORDED AS A VOTE TO APPROVE THE
APPLICATION.
(D) IN THE EVENT THAT THE CHAIRPERSON OF THE BOARD DOES NOT CONVENE A
MEETING REQUIRED PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION, EITHER
OF THE OTHER VOTING MEMBERS OF THE BOARD SHALL HAVE THE AUTHORITY TO
CONVENE SUCH MEETING WITHIN THE SAME PARAMETERS AND WITH THE SAME CRITE-
RIA REQUIRED BY SUCH PARAGRAPH, EXCEPT THAT ANY SUCH MEETING SHALL BE
CONVENED WITHIN TWO DAYS OF THE EXPIRATION OF THE THREE DAY TIME ALLOT-
MENT PROVIDED TO THE CHAIRPERSON. IN ADDITION, NOTHING IN THIS SECTION
SHALL PREVENT THE CHAIRPERSON FROM CONVENING ADDITIONAL MEETINGS NOT
SPECIFICALLY REQUIRED PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION,
PROVIDED THAT ANY SUCH MEETING SHALL ALLOW AT LEAST SEVEN DAYS ADVANCE
NOTICE TO ALL MEMBERS OF THE BOARD.
(E) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBDIVISION, ANY
ADVANCE NOTICE REQUIREMENTS MAY BE WAIVED UPON THE CONSENT OF ALL VOTING
MEMBERS OF THE BOARD.
(F) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBDIVISION, IF ANY
VOTING MEMBER CASTS A VOTE TO TABLE THE APPLICATION, NO OTHER VOTES
SHALL BE RECORDED UNTIL A SUBSEQUENT MEETING IS CONVENED. PROVIDED,
S. 8440 16
HOWEVER, THAT A VOTE TO TABLE THE APPLICATION SHALL NOT BE ALLOWABLE
AFTER THIRTY-FIVE DAYS OF THE RECEIPT OF THE APPLICATION.
(G) ALL MEETINGS CONVENED BY THE BOARD SHALL BE SUBJECT TO THE OPEN
MEETINGS LAW, AND ANY VOTES RECORDED BY ANY VOTING MEMBER OF THE BOARD
SHALL BE MADE PUBLIC.
(H) UPON APPROVAL OF AN APPLICATION, THE TRUSTEES SHALL SUBMIT TO THE
BOARD PROOF OF COMPLIANCE WITH ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW
AND UPON NON-COMPLIANCE, SHALL PROVIDE GOOD CAUSE SHOWN FOR SUCH
NON-COMPLIANCE. UPON REVIEW OF SUCH INFORMATION, THE BOARD SHALL REPORT
ITS FINDINGS TO THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF
THE ASSEMBLY, THE CHAIR OF ASSEMBLY WAYS AND MEANS COMMITTEE, THE CHAIR
OF THE SENATE FINANCE COMMITTEE AND THE CHAIR OF THE HIGHER EDUCATION
COMMITTEES IN BOTH HOUSES.
5. INSOFAR AS THE PROVISIONS OF THIS SECTION ARE INCONSISTENT WITH THE
PROVISIONS OF ANY LAW, GENERAL, SPECIAL OR LOCAL, THE PROVISIONS OF THIS
SECTION SHALL BE CONTROLLING, EXCEPT THAT NOTHING IN THIS SECTION SHALL
PRECLUDE THE STATE UNIVERSITY OF NEW YORK FROM ENTERING INTO CONTRACTS
OR AGREEMENTS OTHERWISE PERMITTED BY LAW WITHOUT BOARD APPROVAL.
S 3. Subdivision 2 of section 355 of the education law is amended by
adding two new paragraphs y and z to read as follows:
Y. TO LEASE OR MAKE AVAILABLE TO ANY OTHER PUBLIC OR PRIVATE FOR-PRO-
FIT OR NON-PROFIT ENTITY, INCLUDING, BUT NOT LIMITED TO, A LOCAL DEVEL-
OPMENT CORPORATION ORGANIZED UNDER SECTION FOURTEEN HUNDRED ELEVEN OF
THE NOT-FOR-PROFIT CORPORATION LAW OR AN INDUSTRIAL DEVELOPMENT AGENCY
ORGANIZED UNDER ARTICLE EIGHTEEN-A OF THE GENERAL MUNICIPAL LAW, A
PORTION OF THE GROUNDS OR REAL PROPERTY OCCUPIED BY A STATE OPERATED
INSTITUTION AT ALBANY, BINGHAMTON, BUFFALO, AND STONY BROOK, FOR THE
CONSTRUCTION, ACQUISITION, RECONSTRUCTION, REHABILITATION OR IMPROVEMENT
OF ACADEMIC BUILDINGS, DORMITORIES OR OTHER FACILITIES THEREON AND FOR
THE PURPOSE OF FACILITATING SUCH CONSTRUCTION, ACQUISITION, RECON-
STRUCTION, REHABILITATION OR IMPROVEMENT, TO ENTER INTO LEASES AND
AGREEMENTS FOR THE USE OF ANY SUCH ACADEMIC BUILDING, DORMITORY OR OTHER
FACILITY; PROVIDED, HOWEVER, THAT NOTHING HEREIN CONTAINED SHALL AFFECT
THE PROVISIONS OF ANY LEASE OR AGREEMENT HERETOFORE EXECUTED BY THE
STATE UNIVERSITY WITH THE DORMITORY AUTHORITY. THE STATE UNIVERSITY
TRUSTEES MAY ALSO ENTER INTO AGREEMENTS AS THEY PERTAIN TO THE STATE
UNIVERSITY OF NEW YORK AT ALBANY, THE STATE UNIVERSITY OF NEW YORK AT
BINGHAMTON, THE STATE UNIVERSITY OF NEW YORK AT BUFFALO, AND THE STATE
UNIVERSITY OF NEW YORK AT STONY BROOK WITH ANY OTHER PUBLIC OR PRIVATE
FOR-PROFIT OR NON-PROFIT ENTITY, INCLUDING, BUT NOT LIMITED TO A LOCAL
DEVELOPMENT CORPORATION ORGANIZED UNDER SECTION FOURTEEN HUNDRED ELEVEN
OF THE NOT-FOR-PROFIT CORPORATION LAW OR AN INDUSTRIAL DEVELOPMENT AGEN-
CY ORGANIZED UNDER ARTICLE EIGHTEEN-A OF THE GENERAL MUNICIPAL LAW, TO
FURNISH HEAT FROM A CENTRAL HEATING PLANT TO ANY ACADEMIC BUILDING,
DORMITORY OR OTHER FACILITY ERECTED BY THEM OR WITH MONEYS SUPPLIED BY
THEM.
Z. IN CONNECTION WITH PUBLIC-PRIVATE PARTNERSHIPS AT THE STATE UNIVER-
SITY OF NEW YORK AT ALBANY, THE STATE UNIVERSITY OF NEW YORK AT BINGHAM-
TON, THE STATE UNIVERSITY OF NEW YORK AT BUFFALO, AND THE STATE UNIVER-
SITY OF NEW YORK AT STONY BROOK, AND IN SUPPORT OF THE CORPORATE
PURPOSES OF THE STATE UNIVERSITY, TO PARTICIPATE IN JOINT AND COOPER-
ATIVE ARRANGEMENTS WITH PUBLIC, NOT-FOR-PROFIT AND BUSINESS ENTITIES AS
PARTNERS, JOINT VENTURERS, MEMBERS OF NOT-FOR-PROFIT CORPORATIONS,
MEMBERS OF LIMITED LIABILITY COMPANIES AND SHAREHOLDERS OF BUSINESS
CORPORATIONS. THE STATE UNIVERSITY'S PARTICIPATION SHALL BE SUBJECT TO
GUIDELINES OF THE STATE UNIVERSITY WITH RESPECT TO CONFLICTS OF INTEREST
S. 8440 17
AND TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW AND THE APPLICABLE
PROVISIONS OF AGREEMENTS BETWEEN THE STATE AND EMPLOYEE ORGANIZATIONS
PURSUANT TO SUCH ARTICLE FOURTEEN. NOTWITHSTANDING ANY INCONSISTENT
PROVISION IN SECTION EIGHT OF THE COURT OF CLAIMS ACT, THE STATE UNIVER-
SITY MAY INCLUDE IN A CONTRACT RELATING TO SUCH PARTICIPATION, OTHER
THAN A CONTRACT WITH STATE EMPLOYEES RELATING TO TERMS AND CONDITIONS OF
THEIR EMPLOYMENT, A PROVISION THAT SOME OR ALL DISPUTES ARISING UNDER OR
RELATED TO SUCH CONTRACT SHALL BE RESOLVED BY BINDING ARBITRATION IN
ACCORDANCE WITH THE RULES OF A NATIONALLY-RECOGNIZED ARBITRATION ASSOCI-
ATION. NOTHING CONTAINED IN THE PUBLIC OFFICERS LAW OR IN ANY OTHER LAW,
RULE OR REGULATION SHALL BE CONSTRUED OR APPLIED TO PROHIBIT STATE
UNIVERSITY OFFICERS AND EMPLOYEES FROM ENGAGING IN ACTIVITIES FOR WHICH
NO COMPENSATION IS PAID AS DESIGNEES OF THE STATE UNIVERSITY IN
CONNECTION WITH SUCH JOINT AND COOPERATIVE ARRANGEMENTS, INCLUDING SERV-
ING AS DESIGNEES OF THE STATE UNIVERSITY AS DIRECTORS ON BOARDS OR OTHER
GOVERNING BODIES OF CORPORATIONS OR OTHER ENTITIES.
S 4. Subdivisions 8, 12 and 15 of section 373 of the education law, as
added by chapter 251 of the laws of 1962, are amended and a new subdivi-
sion 20 is added to read as follows:
8. (A) To design, construct, acquire, reconstruct, rehabilitate and
improve academic buildings, dormitories and other facilities for the
state university [in accordance with sections three hundred seventy-five
and three hundred seventy-six of this chapter] USING ANY PROJECT DELIV-
ERY METHOD, INCLUDING BUT NOT LIMITED TO, DESIGN, BID, BUILD,
DESIGN/BUILD, OR CONSTRUCTION MANAGER AT RISK, THAT WILL ASSIST THE FUND
IN FULFILLING ITS PURPOSES UNDER SECTION THREE HUNDRED SEVENTY-TWO OF
THIS ARTICLE, PROVIDED THAT ALL WORK PERFORMED ON A PROJECT WHERE ALL OR
ANY PORTION THEREOF INVOLVES A LEASE OR AGREEMENT FOR SUCH CONSTRUCTION,
DEMOLITION, RECONSTRUCTION, EXCAVATION, REHABILITATION, REPAIR, RENO-
VATION, ALTERATION OR IMPROVEMENTS SHALL BE DEEMED PUBLIC WORK AND SHALL
BE SUBJECT TO AND PERFORMED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE
EIGHT OF THE LABOR LAW TO THE SAME EXTENT AND IN THE SAME MANNER AS A
CONTRACT OF THE STATE. COMPLIANCE WITH ALL THE PROVISIONS OF ARTICLE
EIGHT OF THE LABOR LAW AND ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW SHALL
BE REQUIRED OF ANY LESSEE, SUBLESSEE, CONTRACTOR, OR SUBCONTRACTOR ON
THE PROJECT. IN NO EVENT SHALL MORE THAN FIFTEEN PERCENT OF THE TOTAL
ANNUAL COST OF ALL STATE UNIVERSITY CAPITAL PROJECTS BE AWARDED FOR
PROJECTS THAT USE A PROJECT DELIVERY METHOD OTHER THAN DESIGN, BID,
BUILD.
(B) THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION NOTWITHSTAND-
ING, THE AUTHORITY OF THE FUND TO USE A PROJECT DELIVERY METHOD OTHER
THAN DESIGN, BID, BUILD SHALL EXPIRE WITH RESPECT TO ANY PROJECT INITI-
ATED SUBSEQUENT TO JUNE THIRTIETH, TWO THOUSAND EIGHTEEN. NO LATER THAN
DECEMBER THIRTY-FIRST, TWO THOUSAND SEVENTEEN THE FUND SHALL SUBMIT TO
THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF
THE ASSEMBLY A REPORT DESCRIBING THE EFFICACY OF THE FUND'S USE OF
PROJECT DELIVERY METHODS OTHER THAN DESIGN, BID, BUILD. COMMENTS, IF
ANY, OF THE NEW YORK STATE BUILDING AND CONSTRUCTION TRADES COUNCIL
SHALL BE INCLUDED IN SUCH REPORT.
(C) WITH RESPECT TO ANY PROJECT BY THE FUND FOR WHICH A PROJECT DELIV-
ERY METHOD OTHER THAN DESIGN, BID, BUILD IS PROPOSED, THE PROJECT SHALL
BE UNDERTAKEN PURSUANT TO A PROJECT LABOR AGREEMENT, AS DEFINED IN
SUBDIVISION ONE OF SECTION TWO HUNDRED TWENTY-TWO OF THE LABOR LAW.
UNLESS THE FUND DETERMINES, UPON THE BASIS OF A STUDY DONE BY OR FOR THE
CONTRACTING ENTITY BY A QUALIFIED ENTITY ACCEPTABLE TO THE FUND, THAT
THE FUND'S INTEREST IN OBTAINING THE BEST WORK AT THE LOWEST POSSIBLE
S. 8440 18
PRICE, PREVENTING FAVORITISM, FRAUD AND CORRUPTION, AND OTHER CONSIDER-
ATIONS SUCH AS THE IMPACT OF DELAY, THE POSSIBILITY OF COST SAVINGS
ADVANTAGES, AND ANY LOCAL HISTORY OF LABOR UNREST, ARE BEST MET BY
REQUIRING A PROJECT LABOR AGREEMENT, THE FUND SHALL NOT UNDERTAKE THE
PROJECT USING A PROJECT DELIVERY METHOD OTHER THAN DESIGN, BID, BUILD;
12. To [make] PROCURE and execute contracts, lease agreements, and all
other instruments necessary or convenient for the exercise of its corpo-
rate powers and the fulfillment of its corporate purposes under this
article. NOTWITHSTANDING SECTION ONE HUNDRED TWELVE OF THE STATE FINANCE
LAW OR ANY OTHER LAW TO THE CONTRARY, ALL SUCH FUND PROCUREMENTS SHALL
BE SUBJECT ONLY TO PROCUREMENT GUIDELINES THAT ARE ANNUALLY ADOPTED BY
THE FUND TRUSTEES, WHICH SHALL CONFORM TO THE PROVISIONS OF TITLE FOUR
OF ARTICLE NINE OF THE PUBLIC AUTHORITIES LAW EXCEPT SECTION
TWENTY-EIGHT HUNDRED SEVENTY-NINE-A OF SUCH LAW;
15. To engage the services of construction, engineering, architec-
tural, legal and financial consultants, surveyors and appraisers, on a
contract basis or as employees, for professional service and technical
assistance and advice AND NOTWITHSTANDING SECTION ONE HUNDRED TWELVE OF
THE STATE FINANCE LAW OR ANY OTHER LAW TO THE CONTRARY, TO DETERMINE ITS
STAFFING, SUPPORT SERVICES AND EQUIPMENT NEEDS WHICH IN THE JUDGMENT OF
THE FUND ARE NECESSARY TO FULFILL ITS PURPOSES AS SET FORTH IN SECTION
THREE HUNDRED SEVENTY-TWO OF THIS ARTICLE; and
20. NOTWITHSTANDING ANY LAW TO THE CONTRARY, ALL RIGHTS AND BENEFITS,
INCLUDING TERMS AND CONDITIONS OF EMPLOYMENT, AND PROTECTION OF CIVIL
SERVICE AND COLLECTIVE BARGAINING STATUS OF ALL EMPLOYEES OF THE FUND
AFFECTED BY THE PROVISIONS OF THE NEW YORK STATE PUBLIC HIGHER EDUCATION
FAIRNESS ACT, SHALL BE PRESERVED AND PROTECTED. EMPLOYEES IN ANY NEWLY
CREATED POSITIONS WITHIN THE STATE UNIVERSITY CONSTRUCTION FUND SHALL BE
CONSIDERED PUBLIC EMPLOYEES FOR ALL PURPOSES OF ARTICLE FOURTEEN OF THE
CIVIL SERVICE LAW.
S 5. Subdivisions 2 and 8 of section 376 of the education law, as
added by chapter 251 of the laws of 1962, the opening paragraph and
paragraph a of subdivision 8 as amended by chapter 877 of the laws of
1990 and paragraph f of subdivision 8 as added by chapter 769 of the
laws of 1978, are amended to read as follows:
2. The fund may construct, acquire, reconstruct, rehabilitate and
improve such facilities, other than dormitories, by its own employees,
by agreement with a state retirement system or any state agency author-
ized to perform such work, or by contract awarded pursuant to subdivi-
sion eight of this section. IF THE FUND AND THE STATE UNIVERSITY ENTER
INTO AN AGREEMENT WHEREBY THE STATE UNIVERSITY IS AUTHORIZED BY THE FUND
TO CONSTRUCT, ACQUIRE, RECONSTRUCT, REHABILITATE AND IMPROVE SUCH FACIL-
ITIES, SUCH AGREEMENT MAY ALLOW THE STATE UNIVERSITY TO USE THE SAME
PROJECT DELIVERY METHODS CONTAINED IN SUBDIVISION EIGHT OF SECTION THREE
HUNDRED SEVENTY-THREE OF THIS CHAPTER.
8. All contracts which are to be awarded pursuant to this subdivision
shall be awarded by public letting in accordance with the following
provisions, notwithstanding any contrary provision of section ONE
HUNDRED TWELVE, one hundred thirty-five, one hundred thirty-six, one
hundred thirty-nine or one hundred forty of the state finance law OR ANY
OTHER LAW, provided, however, that where the estimated expense of any
contract which may be awarded pursuant to this subdivision is less than
TWO HUNDRED fifty thousand dollars, a performance bond and a bond for
the payment of labor and material may, in the discretion of the fund,
not be required, and except that in the discretion of the fund, a
contract may be entered into for such purposes without public letting
S. 8440 19
where the estimated expense thereof is less than twenty thousand
dollars, or where in the judgment of the fund an emergency condition
exists as a result of damage to an existing academic building, dormitory
or other facility which has been caused by an act of God, fire or other
casualty, or any other unanticipated, sudden and unexpected occurrence,
that has resulted in damage to or a malfunction in an existing academic
building, dormitory or other facility and involves a pressing necessity
for immediate repair, reconstruction or maintenance in order to permit
the safe continuation of the use or function of such facility, or to
protect the facility or the life, health or safety of any person, and
the nature of the work is such that in the judgment of the fund it would
be impractical and against the public interest to have public letting;
provided, however, that the fund, prior to awarding a contract hereunder
because of an emergency condition notify the comptroller of its intent
to award such a contract:
a. [If contracts are to be publicly let, the] THE letting agency shall
advertise the invitation to bid OR THE REQUEST FOR PROPOSALS in [a news-
paper published in the city of Albany and in] such [other newspapers]
NEWSPAPER as will be most likely in its opinion to give adequate notice
to contractors of the work required [and of the invitation to bid]
provided, however, that where the estimated expense of any contract
which may be awarded pursuant to this subdivision is less than TWO
HUNDRED fifty thousand dollars, the letting agency may advertise the
invitation to bid solely through the procurement opportunities newslet-
ter published pursuant to section one hundred forty-two of the economic
development law. The invitation to bid OR REQUEST FOR PROPOSALS shall
contain such information as the letting agency shall deem appropriate
[and a statement of the time and place where all bids received pursuant
to such notice will be publicly opened and read].
b. The letting agency shall not award any contract after public
bidding except to the lowest bidder who in its opinion is qualified to
perform the work required and is responsible and reliable. The letting
agency may, however, reject any or all bids, again advertise for bids,
or waive any informality in a bid if it believes that the public inter-
est will be promoted thereby.
c. The invitation to bid, REQUEST FOR PROPOSALS and the contract
awarded shall contain such other terms and conditions, and such
provisions for penalties, as the letting agency may deem desirable.
d. [The form of any] ANY contract awarded pursuant to this subdivision
shall [be approved by the attorney general and by the comptroller and
shall] contain a clause that the contract shall be deemed executory to
the extent of the moneys available and that no liability shall be
incurred by the fund beyond the moneys available therefor.
e. The letting agency shall require such deposits, bonds and security
in connection with the submission of bids OR REQUEST FOR PROPOSALS, the
award of contracts and the performance of work as it shall determine to
be in the public interest and for the protection of the state, the state
university, the fund and the letting agency.
f. Notwithstanding the provisions of any other law to the contrary,
all contracts for public work awarded by the state university
construction fund pursuant to this subdivision shall be in accordance
with section one hundred thirty-nine-f of the state finance law.
S 6. Subdivision 4 of section 377 of the education law, as added by
chapter 624 of the laws of 1999, is amended to read as follows:
4. Monies received by the fund, FOR ALL OF ITS OPERATING AND ADMINIS-
TRATIVE COSTS OR in connection with approved university-related economic
S. 8440 20
development facilities, [other than state appropriations to the fund,]
may be deposited in a general account and other such accounts as the
fund may deem necessary, for the transaction of its business [or in
relation to construction or property management activities undertaken in
connection with such projects] and shall be paid out on checks signed by
the chairman of the fund or such other person or persons as the trustees
of the fund may authorize.
S 7. Paragraph (b) of subdivision 2 of section 1676 of the public
authorities law is amended by adding three new undesignated paragraphs
to read as follows:
ANY ENTITY WHICH IS ORGANIZED BY OFFICERS, EMPLOYEES, ALUMNI OR
STUDENTS OF THE STATE UNIVERSITY OF NEW YORK TO SUPPORT THE STATE
UNIVERSITY AND WHICH IS QUALIFIED AS AN ORGANIZATION UNDER THE UNITED
STATES INTERNAL REVENUE CODE AS EXEMPT FROM INCOME TAX, OTHER THAN THE
RESEARCH FOUNDATION OF STATE UNIVERSITY OF NEW YORK AND ANY ENTITY WHICH
IS ORGANIZED EXCLUSIVELY BY STUDENTS OF THE STATE UNIVERSITY, FOR THE
FINANCING, REFINANCING, ACQUISITION, DESIGN, CONSTRUCTION, RECON-
STRUCTION, REHABILITATION, IMPROVEMENT, FURNISHING AND EQUIPPING OF ANY
HOUSING UNIT FOR THE USE OF STUDENTS, FACULTY, STAFF AND THEIR FAMILIES
OR ANY ACADEMIC BUILDING, ADMINISTRATION BUILDING, LIBRARY, LABORATORY,
CLASSROOM, HEALTH FACILITY OR OTHER FACILITY, BUILDING OR STRUCTURE
ESSENTIAL, NECESSARY OR USEFUL IN FURTHERING THE ACADEMIC, CULTURAL,
HEALTH OR RESEARCH PROGRAMS OF THE STATE UNIVERSITY OF NEW YORK, INCLUD-
ING ALL NECESSARY AND USUAL ATTENDANT AND RELATED FACILITIES AND EQUIP-
MENT.
ANY ENTITY WHICH IS ORGANIZED BY OFFICERS, EMPLOYEES, ALUMNI OR
STUDENTS OF A LOCALLY SPONSORED COMMUNITY COLLEGE, INCLUDING A LOCALLY
SPONSORED COMMUNITY COLLEGE ESTABLISHED AND OPERATED BY A COMMUNITY
COLLEGE REGION AS SET FORTH IN SECTION SIXTY-THREE HUNDRED ONE OF THE
EDUCATION LAW, TO SUPPORT THE LOCALLY SPONSORED COMMUNITY COLLEGE AND
WHICH IS QUALIFIED AS AN ORGANIZATION UNDER THE UNITED STATES INTERNAL
REVENUE CODE AS EXEMPT FROM INCOME TAX, OTHER THAN ANY ENTITY WHICH IS
ORGANIZED EXCLUSIVELY BY STUDENTS OF THE LOCALLY SPONSORED COMMUNITY
COLLEGE, FOR THE FINANCING, REFINANCING, ACQUISITION, DESIGN,
CONSTRUCTION, RECONSTRUCTION, REHABILITATION, IMPROVEMENT, FURNISHING
AND EQUIPPING OF ANY HOUSING UNIT FOR THE USE OF STUDENTS, FACULTY,
STAFF AND THEIR FAMILIES OR ANY ACADEMIC BUILDING, ADMINISTRATION BUILD-
ING, LIBRARY, LABORATORY, CLASSROOM, HEALTH FACILITY OR OTHER FACILITY,
BUILDING OR STRUCTURE ESSENTIAL, NECESSARY OR USEFUL IN FURTHERING THE
ACADEMIC, CULTURAL, HEALTH OR RESEARCH PROGRAMS OF THE LOCALLY SPONSORED
COMMUNITY COLLEGE, INCLUDING ALL NECESSARY AND USUAL ATTENDANT AND
RELATED FACILITIES AND EQUIPMENT.
A LOCALLY SPONSORED COMMUNITY COLLEGE, FOR THE ACQUISITION, DESIGN,
CONSTRUCTION, RECONSTRUCTION, REHABILITATION AND IMPROVEMENT OF A HOUS-
ING UNIT, INCLUDING ALL NECESSARY AND ATTENDANT AND RELATED FACILITIES
AND EQUIPMENT, FOR THE USE OF STUDENTS, MARRIED STUDENTS, FACULTY, STAFF
AND THE FAMILIES THEREOF AT SUCH LOCALLY SPONSORED COMMUNITY COLLEGE.
S 8. Subdivision 1 of section 1680 of the public authorities law is
amended by adding three new undesignated paragraphs to read as follows:
ANY ENTITY WHICH IS ORGANIZED BY OFFICERS, EMPLOYEES, ALUMNI OR
STUDENTS OF THE STATE UNIVERSITY OF NEW YORK TO SUPPORT THE STATE
UNIVERSITY AND WHICH IS QUALIFIED AS AN ORGANIZATION UNDER THE UNITED
STATES INTERNAL REVENUE CODE AS EXEMPT FROM INCOME TAX, OTHER THAN THE
RESEARCH FOUNDATION OF STATE UNIVERSITY OF NEW YORK AND ANY ENTITY WHICH
IS ORGANIZED EXCLUSIVELY BY STUDENTS OF THE STATE UNIVERSITY, FOR THE
FINANCING, REFINANCING, ACQUISITION, DESIGN, CONSTRUCTION, RECON-
S. 8440 21
STRUCTION, REHABILITATION, IMPROVEMENT, FURNISHING AND EQUIPPING OF ANY
HOUSING UNIT FOR THE USE OF STUDENTS, FACULTY, STAFF AND THEIR FAMILIES
OR ANY ACADEMIC BUILDING, ADMINISTRATION BUILDING, LIBRARY, LABORATORY,
CLASSROOM, HEALTH FACILITY OR ANY OTHER BUILDING, FACILITY OR STRUCTURE
ESSENTIAL, NECESSARY OR USEFUL IN FURTHERING THE ACADEMIC, CULTURAL,
HEALTH OR RESEARCH PROGRAMS FOR THE STATE UNIVERSITY OF NEW YORK,
INCLUDING ALL NECESSARY AND USUAL ATTENDANT AND RELATED FACILITIES AND
EQUIPMENT; PROVIDED HOWEVER THAT ANY PROJECT PROPOSED TO BE UNDERTAKEN
PURSUANT TO THIS PARAGRAPH SHALL FIRST BE APPROVED BY THE STATE UNIVER-
SITY OF NEW YORK; PROVIDED FURTHER AND NOTWITHSTANDING ANY PROVISION OF
LAW TO THE CONTRARY, THAT ANY SUCH NOT-FOR-PROFIT ENTITY, THE STATE
UNIVERSITY OF NEW YORK AND THE STATE UNIVERSITY CONSTRUCTION FUND ARE
HEREBY AUTHORIZED TO TAKE SUCH ACTIONS AND TO ENTER INTO SUCH AGREEMENTS
WITH THE DORMITORY AUTHORITY AS ARE NECESSARY TO: (I) UNDERTAKE THE
FINANCING, REFINANCING, ACQUISITION, DESIGN, CONSTRUCTION, RECON-
STRUCTION, REHABILITATION, IMPROVEMENT, FURNISHING AND EQUIPPING OF ANY
PROJECT AS PROVIDED IN THIS PARAGRAPH, INCLUDING, BUT NOT LIMITED TO,
PROVIDING FOR THE CONVEYANCE OF STATE-OWNED PROPERTY UNDER THE JURISDIC-
TION OF THE STATE UNIVERSITY TO THE NOT-FOR-PROFIT ENTITY; OR (II) GRANT
THE AUTHORITY A LIEN ON ANY REVENUES OR PROPERTY OR ANY MONEYS TO BE
RECEIVED BY THE NOT-FOR-PROFIT ENTITY TO THE EXTENT THAT SUCH REVENUES,
PROPERTY OR MONEYS ARE PLEDGED BY THE ENTITY TO THE DORMITORY AUTHORITY
TO SECURE THE PAYMENT OF ALL AMOUNTS OWED TO THE AUTHORITY ON ACCOUNT OF
ANY PROJECT UNDERTAKEN PURSUANT TO THIS PARAGRAPH; PROVIDED FURTHER,
THAT ALL WORK PERFORMED ON A PROJECT WHERE ALL OR ANY PORTION THEREOF
INVOLVES A LEASE OR AGREEMENT FOR CONSTRUCTION, DEMOLITION, RECON-
STRUCTION, EXCAVATION, REHABILITATION, REPAIR, RENOVATION, ALTERATION OR
IMPROVEMENT SHALL BE DEEMED PUBLIC WORK AND SHALL BE SUBJECT TO AND
PERFORMED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE EIGHT OF THE
LABOR LAW TO THE SAME EXTENT AND IN THE SAME MANNER AS A CONTRACT OF THE
STATE AND THE CONTRACTORS PERFORMING SUCH WORK SHALL ALSO BE DEEMED A
STATE AGENCY FOR THE PURPOSE OF ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW
AND SUBJECT TO THE PROVISIONS OF SUCH ARTICLE, AND SHALL BE SUBJECT TO A
COMPETITIVE PROCESS. COMPLIANCE WITH ALL THE PROVISIONS OF ARTICLE
EIGHT OF THE LABOR LAW SHALL BE REQUIRED OF ANY LESSEE, SUBLESSEE,
CONTRACTOR, OR SUBCONTRACTOR ON THE PROJECT. ALL STATE AND LOCAL OFFI-
CERS ARE HEREBY AUTHORIZED TO PAY ALL FUNDS SO ASSIGNED AND PLEDGED TO
THE DORMITORY AUTHORITY OR, UPON THE DIRECTION OF THE DORMITORY AUTHORI-
TY, TO ANY TRUSTEE OF ANY DORMITORY AUTHORITY BOND OR NOTE ISSUE.
NEITHER THE STATE OF NEW YORK, THE STATE UNIVERSITY OF NEW YORK NOR THE
STATE UNIVERSITY CONSTRUCTION FUND SHALL TAKE ANY ACTION IN SUCH MANNER
AS TO IMPAIR OR DIMINISH THE RIGHTS AND REMEDIES OF THE AUTHORITY PURSU-
ANT TO ANY SUCH PLEDGE AND ASSIGNMENT AND ANY LIEN OR OTHER SECURITY
INTEREST CREATED PURSUANT TO THIS PARAGRAPH.
ANY ENTITY WHICH IS ORGANIZED BY OFFICERS, EMPLOYEES, ALUMNI OR
STUDENTS OF A LOCALLY SPONSORED COMMUNITY COLLEGE, INCLUDING A LOCALLY
SPONSORED COMMUNITY COLLEGE ESTABLISHED AND OPERATED BY A COMMUNITY
COLLEGE REGION AS SET FORTH IN SECTION SIXTY-THREE HUNDRED ONE OF THE
EDUCATION LAW, TO SUPPORT THE LOCALLY SPONSORED COMMUNITY COLLEGE AND
WHICH IS QUALIFIED AS AN ORGANIZATION UNDER THE UNITED STATES INTERNAL
REVENUE CODE AS EXEMPT FROM INCOME TAX, OTHER THAN ANY ENTITY WHICH IS
ORGANIZED EXCLUSIVELY BY STUDENTS OF THE LOCALLY SPONSORED COMMUNITY
COLLEGE, FOR THE FINANCING, REFINANCING, ACQUISITION, DESIGN,
CONSTRUCTION, RECONSTRUCTION, REHABILITATION, IMPROVEMENT, FURNISHING
AND EQUIPPING OF ANY HOUSING UNIT FOR THE USE OF STUDENTS, FACULTY,
STAFF AND THEIR FAMILIES OR ANY ACADEMIC BUILDING, ADMINISTRATION BUILD-
S. 8440 22
ING, LIBRARY, LABORATORY, CLASSROOM, HEALTH FACILITY OR ANY OTHER BUILD-
ING, FACILITY OR STRUCTURE ESSENTIAL, NECESSARY OR USEFUL IN FURTHERING
THE ACADEMIC, CULTURAL, HEALTH OR RESEARCH PROGRAMS FOR THE LOCALLY
SPONSORED COMMUNITY COLLEGE, INCLUDING ALL NECESSARY AND USUAL ATTENDANT
AND RELATED FACILITIES AND EQUIPMENT; PROVIDED HOWEVER THAT ANY PROJECT
PROPOSED TO BE UNDERTAKEN PURSUANT TO THIS PARAGRAPH SHALL FIRST BE
APPROVED BY THE BOARD OF TRUSTEES OF THE LOCALLY SPONSORED COMMUNITY
COLLEGE; PROVIDED FURTHER AND NOTWITHSTANDING ANY PROVISION OF LAW TO
THE CONTRARY, THAT ANY SUCH NOT-FOR-PROFIT ENTITY, THE LOCALLY SPONSORED
COMMUNITY COLLEGE AND THE LOCAL SPONSOR ARE HEREBY AUTHORIZED TO TAKE
SUCH ACTIONS AND TO ENTER INTO SUCH AGREEMENTS WITH THE DORMITORY
AUTHORITY AS ARE NECESSARY TO: (I) UNDERTAKE THE FINANCING, REFINANCING,
ACQUISITION, DESIGN, CONSTRUCTION, RECONSTRUCTION, REHABILITATION,
IMPROVEMENT, FURNISHING AND EQUIPPING OF ANY PROJECT AS PROVIDED IN THIS
PARAGRAPH, INCLUDING, BUT NOT LIMITED TO, PROVIDING FOR THE CONVEYANCE
OF PROPERTY HELD IN TRUST BY THE LOCAL SPONSOR FOR THE USES AND PURPOSES
OF THE LOCALLY SPONSORED COMMUNITY COLLEGE TO THE NOT-FOR-PROFIT ENTITY;
OR (II) GRANT THE AUTHORITY A LIEN ON ANY REVENUES OR PROPERTY OR ANY
MONEYS TO BE RECEIVED BY THE NOT-FOR-PROFIT ENTITY TO THE EXTENT THAT
SUCH REVENUES, PROPERTY OR MONEYS ARE PLEDGED BY THE ENTITY TO THE
DORMITORY AUTHORITY TO SECURE THE PAYMENT OF ALL AMOUNTS OWED TO THE
AUTHORITY ON ACCOUNT OF ANY PROJECT UNDERTAKEN PURSUANT TO THIS PARA-
GRAPH; PROVIDED FURTHER, ALL WORK PERFORMED ON A PROJECT WHERE ALL OR
ANY PORTION THEREOF INVOLVES A LEASE OR AGREEMENT FOR CONSTRUCTION,
DEMOLITION, RECONSTRUCTION, EXCAVATION, REHABILITATION, REPAIR, RENO-
VATION, ALTERATION OR IMPROVEMENT SHALL BE DEEMED PUBLIC WORK AND SHALL
BE SUBJECT TO AND PERFORMED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE
EIGHT OF THE LABOR LAW TO THE SAME EXTENT AND IN THE SAME MANNER AS A
CONTRACT OF THE STATE AND THE CONTRACTORS PERFORMING SUCH WORK SHALL
ALSO BE DEEMED A STATE AGENCY FOR THE PURPOSE OF ARTICLE FIFTEEN-A OF
THE EXECUTIVE LAW AND SUBJECT TO THE PROVISIONS OF SUCH ARTICLE, AND
SHALL BE SUBJECT TO A COMPETITIVE PROCESS. COMPLIANCE WITH ALL THE
PROVISIONS OF ARTICLE EIGHT OF THE LABOR LAW SHALL BE REQUIRED OF ANY
LESSEE, SUBLESSEE, CONTRACTOR, OR SUBCONTRACTOR ON THE PROJECT. ALL
STATE AND LOCAL OFFICERS ARE HEREBY AUTHORIZED TO PAY ALL SUCH FUNDS SO
ASSIGNED AND PLEDGED TO THE DORMITORY AUTHORITY OR, UPON THE DIRECTION
OF THE DORMITORY AUTHORITY, TO ANY TRUSTEE OF ANY DORMITORY AUTHORITY
BOND OR NOTE ISSUE. NEITHER THE STATE OF NEW YORK, THE LOCAL SPONSOR
NOR THE LOCALLY SPONSORED COMMUNITY COLLEGE SHALL TAKE ANY ACTION IN
SUCH MANNER AS TO IMPAIR OR DIMINISH THE RIGHTS AND REMEDIES OF THE
AUTHORITY PURSUANT TO ANY SUCH PLEDGE AND ASSIGNMENT AND ANY LIEN OR
OTHER SECURITY INTEREST CREATED PURSUANT TO THIS PARAGRAPH.
A LOCALLY SPONSORED COMMUNITY COLLEGE, FOR THE ACQUISITION, DESIGN,
CONSTRUCTION, RECONSTRUCTION, REHABILITATION AND IMPROVEMENT OF A HOUS-
ING UNIT, INCLUDING ALL NECESSARY AND ATTENDANT AND RELATED FACILITIES
AND EQUIPMENT, FOR THE USE OF STUDENTS, MARRIED STUDENTS, FACULTY, STAFF
AND THE FAMILIES THEREOF AT SUCH LOCALLY SPONSORED COMMUNITY COLLEGE.
S 9. Section 6304 of the education law is amended by adding a new
subdivision 14 to read as follows:
14. A. FOR THE PURPOSES OF THIS SUBDIVISION, A "COMMUNITY COLLEGE
DORMITORY" SHALL MEAN A HOUSING UNIT, INCLUDING ALL NECESSARY AND
ATTENDANT AND RELATED FACILITIES AND EQUIPMENT ACQUIRED, DESIGNED,
CONSTRUCTED, RECONSTRUCTED, REHABILITATED AND IMPROVED, OR OTHERWISE
PROVIDED THROUGH THE DORMITORY AUTHORITY IN ACCORDANCE WITH THE
PROVISIONS OF THE DORMITORY AUTHORITY ACT FOR THE USE OF STUDENTS,
S. 8440 23
MARRIED STUDENTS, FACULTY, STAFF AND THE FAMILIES THEREOF AT A COMMUNITY
COLLEGE.
B. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A COMMUNITY
COLLEGE IS AUTHORIZED TO TAKE SUCH ACTIONS AND TO ENTER INTO SUCH AGREE-
MENTS WITH THE DORMITORY AUTHORITY AS ARE NECESSARY TO: (I) UNDERTAKE
THE FINANCING, REFINANCING, ACQUISITION, DESIGN, CONSTRUCTION, RECON-
STRUCTION, REHABILITATION, IMPROVEMENT, FURNISHING AND EQUIPPING OF A
COMMUNITY COLLEGE DORMITORY, INCLUDING, BUT NOT LIMITED TO, PROVIDING
FOR THE LEASING OR OTHERWISE MAKING AVAILABLE TO THE DORMITORY AUTHORITY
REAL PROPERTY HELD BY THE LOCAL SPONSOR IN TRUST FOR THE USES AND
PURPOSES OF THE COMMUNITY COLLEGE; OR (II) GRANT THE DORMITORY AUTHORITY
A LIEN ON ANY REVENUES OR PROPERTY OR ANY MONEYS TO BE RECEIVED BY THE
COMMUNITY COLLEGE DERIVED FROM THE OPERATIONS OF THE PROJECT BEING
FINANCED TO THE EXTENT THAT SUCH REVENUES, PROPERTY OR MONEYS ARE
PLEDGED BY THE COMMUNITY COLLEGE TO THE DORMITORY AUTHORITY TO SECURE
THE PAYMENT OF ALL AMOUNTS OWED TO THE AUTHORITY ON ACCOUNT OF ANY
COMMUNITY COLLEGE DORMITORY UNDERTAKEN PURSUANT TO THIS SUBDIVISION;
PROVIDED, FURTHER, THAT ANY SUCH AGREEMENTS MAY PROVIDE THAT THE OBLI-
GATION OF THE COMMUNITY COLLEGE TO MAKE RENTAL OR OTHER PAYMENTS TO THE
DORMITORY AUTHORITY SHALL CONSTITUTE A GENERAL OBLIGATION OF THE COMMU-
NITY COLLEGE PAYABLE FROM ALL MONIES LEGALLY AVAILABLE TO THE COMMUNITY
COLLEGE (INCLUDING AMOUNTS PROVIDED FOR OPERATING AID BY THE LOCAL SPON-
SOR OR SPONSORS TO THE COMMUNITY COLLEGE PURSUANT TO SUBDIVISION ONE OF
THIS SECTION OR AMOUNTS PROVIDED FOR OPERATING AID BY THE STATE TO THE
COMMUNITY COLLEGE); AND PROVIDED FURTHER, THAT ALL WORK PERFORMED ON A
COMMUNITY COLLEGE DORMITORY UNDERTAKEN PURSUANT TO THIS SUBDIVISION
WHERE ALL OR ANY PORTION THEREOF INVOLVES A LEASE OR AGREEMENT FOR
CONSTRUCTION, DEMOLITION, RECONSTRUCTION, EXCAVATION, REHABILITATION,
REPAIR, RENOVATION, ALTERATION OR IMPROVEMENT SHALL BE DEEMED PUBLIC
WORK AND SHALL BE SUBJECT TO AND PERFORMED IN ACCORDANCE WITH THE
PROVISIONS OF ARTICLE EIGHT OF THE LABOR LAW TO THE SAME EXTENT AND IN
THE SAME MANNER AS A CONTRACT OF THE STATE AND THE CONTRACTORS PERFORM-
ING SUCH WORK SHALL ALSO BE DEEMED A STATE AGENCY FOR THE PURPOSE OF
ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW AND SUBJECT TO THE PROVISIONS OF
SUCH ARTICLE, AND SHALL BE SUBJECT TO A COMPETITIVE PROCESS. COMPLIANCE
WITH ALL THE PROVISIONS OF ARTICLE EIGHT OF THE LABOR LAW SHALL BE
REQUIRED OF ANY LESSEE, SUBLESSEE, CONTRACTOR, OR SUBCONTRACTOR ON THE
PROJECT. ALL STATE AND LOCAL OFFICERS ARE HEREBY AUTHORIZED AND
REQUIRED TO PAY ALL SUCH FUNDS SO ASSIGNED AND PLEDGED TO THE DORMITORY
AUTHORITY OR, UPON THE DIRECTION OF THE DORMITORY AUTHORITY, TO ANY
TRUSTEE OF ANY DORMITORY AUTHORITY BOND OR NOTE ISSUE. NEITHER THE STATE
OF NEW YORK, THE STATE UNIVERSITY OF NEW YORK NOR A LOCAL SPONSOR SHALL
TAKE ANY ACTION IN SUCH MANNER AS TO IMPAIR OR DIMINISH THE RIGHTS AND
REMEDIES OF THE DORMITORY AUTHORITY PURSUANT TO ANY SUCH PLEDGE AND
ASSIGNMENT AND ANY LIEN OR OTHER SECURITY INTEREST CREATED PURSUANT TO
THIS SUBDIVISION.
C. A LOCAL SPONSOR IS AUTHORIZED TO LEASE OR OTHERWISE MAKE AVAILABLE
TO THE DORMITORY AUTHORITY FOR THE PURPOSES SET FORTH IN THIS SUBDIVI-
SION REAL PROPERTY HELD IN TRUST BY THE LOCAL SPONSOR FOR THE USES AND
PURPOSES OF THE COMMUNITY COLLEGE.
D. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, NEITHER A
LOCAL SPONSOR NOR THE STATE OF NEW YORK SHALL BE REQUIRED TO PROVIDE A
SHARE OF THE CAPITAL COSTS OF A COMMUNITY COLLEGE DORMITORY. THE
PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO ANY PROJECT FOR WHICH
THE STATE APPROPRIATES FUNDS PURSUANT TO SUBDIVISION EIGHT OF THIS
SECTION.
S. 8440 24
S 10. Section 1680 of the public authorities law is amended by adding
a new subdivision 41 to read as follows:
41. A. FOR THE PURPOSES OF THIS SUBDIVISION, A "COMMUNITY COLLEGE
DORMITORY" SHALL MEAN A HOUSING UNIT, INCLUDING ALL NECESSARY AND
ATTENDANT AND RELATED FACILITIES AND EQUIPMENT ACQUIRED, DESIGNED,
CONSTRUCTED, RECONSTRUCTED, REHABILITATED AND IMPROVED, OR OTHERWISE
PROVIDED THROUGH THE DORMITORY AUTHORITY IN ACCORDANCE WITH THE
PROVISIONS OF THE DORMITORY AUTHORITY ACT FOR THE USE OF STUDENTS,
MARRIED STUDENTS, FACULTY, STAFF AND THE FAMILIES THEREOF AT A LOCALLY
SPONSORED COMMUNITY COLLEGE.
B. THE DORMITORY AUTHORITY IS HEREBY EMPOWERED AND AUTHORIZED TO ENTER
INTO A LEASE OR OTHER AGREEMENT WITH A LOCALLY SPONSORED COMMUNITY
COLLEGE TO FINANCE, REFINANCE, ACQUIRE, DESIGN, CONSTRUCT, RECONSTRUCT,
REHABILITATE, IMPROVE, FURNISH AND EQUIP ONE OR MORE COMMUNITY COLLEGE
DORMITORIES. SUCH LEASE OR OTHER AGREEMENT MAY PROVIDE FOR THE PAYMENT
OF ANNUAL RENTALS AND OTHER PAYMENTS BY THE LOCALLY SPONSORED COMMUNITY
COLLEGE TO THE DORMITORY AUTHORITY AND CONTAIN SUCH OTHER TERMS AND
CONDITIONS AS MAY BE AGREED UPON BY THE PARTIES THERETO, INCLUDING BUT
NOT LIMITED TO PROVISIONS RELATING TO THE MAINTENANCE AND OPERATION OF
THE COMMUNITY COLLEGE DORMITORIES, THE ESTABLISHMENT OF RESERVE FUNDS,
INDEMNITIES AND THE DISPOSITION OF A COMMUNITY COLLEGE DORMITORY OR THE
INTEREST OF THE AUTHORITY THEREIN PRIOR TO OR UPON THE TERMINATION OR
EXPIRATION OF SUCH LEASE OR OTHER AGREEMENT.
C. IN THE EVENT OF A FAILURE OF A LOCALLY SPONSORED COMMUNITY COLLEGE
TO PAY THE DORMITORY AUTHORITY WHEN DUE ALL OR PART OF AMOUNTS PAYABLE
BY THE LOCALLY SPONSORED COMMUNITY COLLEGE TO THE DORMITORY AUTHORITY
PURSUANT TO A LEASE OR AGREEMENT AUTHORIZED BY THIS SUBDIVISION, THE
DORMITORY AUTHORITY SHALL FORTHWITH MAKE AND DELIVER TO THE STATE COMP-
TROLLER A CERTIFICATE STATING THE AMOUNT OF THE PAYMENT REQUIRED TO HAVE
BEEN MADE BY THE LOCALLY SPONSORED COMMUNITY COLLEGE, THE AMOUNT PAID BY
THE LOCALLY SPONSORED COMMUNITY COLLEGE, AND THE AMOUNT REMAINING UNPAID
BY THE LOCALLY SPONSORED COMMUNITY COLLEGE. THE STATE COMPTROLLER, AFTER
GIVING WRITTEN NOTICE TO THE DIRECTOR OF THE BUDGET, SHALL PAY TO THE
DORMITORY AUTHORITY THE AMOUNT SET FORTH IN SUCH CERTIFICATE AS REMAIN-
ING UNPAID, WHICH AMOUNT SHALL BE PAID FROM ANY MONIES APPROPRIATED BY
THE STATE FOR OR ON ACCOUNT OF THE OPERATING COSTS OF THE LOCALLY SPON-
SORED COMMUNITY COLLEGE AND NOT YET PAID. THE AMOUNT REQUIRED TO BE PAID
BY THE STATE COMPTROLLER PURSUANT TO THIS PARAGRAPH SHALL BE PAID TO THE
DORMITORY AUTHORITY AS SOON AS PRACTICABLE AFTER RECEIPT OF THE CERTIF-
ICATE OF THE DORMITORY AUTHORITY AND NOTICE TO THE DIRECTOR OF THE BUDG-
ET IS GIVEN, WHETHER OR NOT THE MONEYS FROM WHICH SUCH PAYMENT IS TO BE
MADE ARE THEN DUE AND PAYABLE TO THE LOCALLY SPONSORED COMMUNITY
COLLEGE. THE AMOUNT OF STATE APPROPRIATIONS PAYABLE TO THE LOCALLY SPON-
SORED COMMUNITY COLLEGE FROM WHICH THE STATE COMPTROLLER HAS MADE A
PAYMENT PURSUANT TO THIS PARAGRAPH SHALL BE REDUCED BY THE AMOUNT SO
PAID TO THE DORMITORY AUTHORITY, NOTWITHSTANDING THE AMOUNT APPROPRIATED
AND APPORTIONED BY THE STATE TO THE LOCALLY SPONSORED COMMUNITY COLLEGE,
AND THE STATE SHALL NOT BE OBLIGATED TO MAKE AND THE LOCALLY SPONSORED
COMMUNITY COLLEGE SHALL NOT BE ENTITLED TO RECEIVE ANY ADDITIONAL APPOR-
TIONMENT OR PAYMENT OF STATE MONEYS. NOTHING CONTAINED IN THIS SUBDIVI-
SION SHALL BE CONSTRUED TO CREATE AN OBLIGATION UPON THE STATE TO APPRO-
PRIATE MONEYS FOR OR ON ACCOUNT OF THE OPERATING COSTS OF THE LOCALLY
SPONSORED COMMUNITY COLLEGE, TO PRECLUDE THE STATE FROM REDUCING THE
AMOUNT OF MONEYS APPROPRIATED OR LEVEL OF SUPPORT PROVIDED FOR THE OPER-
ATING COSTS OF THE LOCALLY SPONSORED COMMUNITY COLLEGE FROM THE AMOUNT
APPROPRIATED OR LEVEL OF SUPPORT PROVIDED IN ANY PRIOR FISCAL YEAR, OR
S. 8440 25
TO PRECLUDE THE STATE FROM ALTERING OR MODIFYING THE MANNER IN WHICH IT
PROVIDES FOR THE OPERATING COSTS OF THE LOCALLY SPONSORED COMMUNITY
COLLEGE.
D. THE PROVISIONS OF THIS SUBDIVISION SHALL BE IN ADDITION TO ANY
AUTHORIZATION CONTAINED IN THIS TITLE GOVERNING THE PROVISION OF FACILI-
TIES BY THE DORMITORY AUTHORITY FOR THE LOCAL SPONSOR OF A LOCALLY SPON-
SORED COMMUNITY COLLEGE, AND ALL PROVISIONS OF THIS TITLE NOT INCONSIST-
ENT WITH THE PROVISIONS OF THIS SUBDIVISION SHALL BE APPLICABLE WITH
RESPECT TO ANY BONDS OF THE AUTHORITY ISSUED TO OBTAIN FUNDS FOR ANY
PURPOSE AUTHORIZED UNDER THIS SUBDIVISION FOR THE BENEFIT OF A LOCALLY
SPONSORED COMMUNITY COLLEGE AND WITH RESPECT TO THE POWERS OF THE DORMI-
TORY AUTHORITY.
S 11. Subdivision 12 of section 3 of the public buildings law, as
amended by section 48 of part T of chapter 57 of the laws of 2007, is
amended to read as follows:
12. Lease from time to time buildings, rooms or premises in the county
of Albany, and elsewhere as required, for providing space for depart-
ments, commissions, boards and officers of the state government, upon
such terms and conditions as he or she deems most advantageous to the
state. Any such lease shall, however, be for a term not exceeding ten
years, but may provide for optional renewals on the part of the state,
for terms of ten years or less. Each such lease shall contain a clause
stating that the contract of the state thereunder shall be deemed execu-
tory only to the extent of moneys available therefor and that no liabil-
ity shall be incurred by the state beyond the money available for such
purpose. Notwithstanding the provisions of any other law, except section
sixteen hundred seventy-six of the public authorities law relating to
use of dormitory authority facilities by the aged, the commissioner of
general services shall have sole and exclusive authority to lease space
for state departments, agencies, commissions, boards and officers, OTHER
THAN THE STATE UNIVERSITY OF NEW YORK, within the county of Albany. Any
buildings, rooms or premises, now or hereafter held by the commissioner
of general services under lease, may be sublet, in part or in whole,
provided that in the judgment of the commissioner, and the occupying
department, commission, board, and officers of the state government,
such buildings, rooms or premises are not for a time needed.
S 12. This act shall take effect immediately; provided, however, that
sections one through ten of this act shall expire and be deemed repealed
June 30, 2015, provided that the amendments to subdivision 12 of section
3 of the public buildings law made by section eleven of this act shall
take effect on the same date as the reversion of such subdivision as
provided in subdivision 4 of section 27 of chapter 95 of the laws of
2000, as amended.
PART C
Section 1. Subdivisions 5 and 6 of section 355 of the education law,
subdivision 5 as added by chapter 552 of the laws of 1985, paragraph a
of subdivision 5 as amended by chapter 682 of the laws of 2007, para-
graph c of subdivision 5 as added by chapter 103 of the laws of 1989,
paragraph d of subdivision 5 as added by chapter 537 of the laws of 1997
and subdivision 6 as amended by chapter 554 of the laws of 1985, are
amended to read as follows:
5. Notwithstanding the provisions of [paragraph] SUBDIVISIONS two AND
THREE of section one hundred twelve and sections one hundred fifteen,
one hundred sixty-one, AND one hundred sixty-three [and one hundred
S. 8440 26
seventy-four] of the state finance law and sections three and six of the
New York state printing and public documents law or any other law to the
contrary, the state university trustees are authorized and empowered to:
a. (i) purchase materials, equipment and supplies, including computer
equipment and motor vehicles[, where the amount for a single purchase
does not exceed twenty thousand dollars], (ii) execute contracts for
[services and] construction, CONSTRUCTION-RELATED contracts [to an
amount not exceeding twenty thousand dollars] AND CONTRACTS FOR COMPUTER
TECHNOLOGY AND LEASES, LICENSES, PERMITS AND CONTRACTS FOR THE PURCHASE
OR SALE OF REAL PROPERTY, and (iii) contract for printing [to an amount
not exceeding five thousand dollars], without prior approval by any
other state officer or agency, but subject to rules and regulations of
the state comptroller not otherwise inconsistent with the provisions of
this section and in accordance with [the rules and regulations] GUIDE-
LINES promulgated by the state university board of trustees after
consultation with the state comptroller. [In addition, the trustees,
after consultation with the commissioner of general services, are
authorized to annually negotiate with the state comptroller increases in
the aforementioned dollar limits and the exemption of any articles,
categories of articles or commodities from these limits. Rules and
regulations] CONTRACTS FOR SERVICES, OTHER THAN CONTRACTS FOR
CONSTRUCTION AND CONSTRUCTION-RELATED SERVICES, SHALL BE SUBJECT TO THE
APPROVAL OF THE STATE COMPTROLLER IN ACCORDANCE WITH THE PROVISIONS AND
DOLLAR THRESHOLD OF SUBDIVISION TWO OF SECTION ONE HUNDRED TWELVE OF THE
STATE FINANCE LAW; PROVIDED, THAT THE TRUSTEES ARE AUTHORIZED TO NEGOTI-
ATE ANNUALLY WITH THE STATE COMPTROLLER INCREASES IN THE DOLLAR THRESH-
OLD FOR CONTRACTS FOR SERVICES. THE GUIDELINES promulgated by the state
university board of trustees shall, to the extent practicable, require
that competitive proposals be solicited for purchases, and shall include
requirements that purchases and contracts authorized under this section
be at the lowest available price, including consideration of prices
available through other state agencies, consistent with quality require-
ments, and as will best promote the public interest. Such purchases may
be made directly from any contractor pursuant to any contract for
commodities let by the office of general services or any other state
agency;
b. to establish cash advance accounts for the purpose of purchasing
materials, supplies, or services, for cash advances for travel expenses
and per diem allowances, or for advance payment of wages and salary. The
account may be used to purchase such materials, supplies, or services
where the amount of a single purchase does not exceed [two hundred
fifty] ONE THOUSAND dollars, in accordance with such guidelines as shall
be prescribed by the state university trustees after consultation with
the state comptroller.
c. establish guidelines in consultation with the commissioner of
general services authorizing participation by the state university in
programs administered by the office of general services for the purchase
of available New York state food products. The commissioner of general
services shall provide assistance to the state university necessary to
enable the university to participate in these programs.
[d. (1) Award contract extensions for campus transportation without
competitive bidding where such contracts were secured either through
competitive bidding or through evaluation of proposals in response to a
request for proposals pursuant to subparagraph (2) of this paragraph,
however such extensions may be rejected if the amount to be paid to the
contractor in any year of such proposed extension fails to reflect any
S. 8440 27
decrease in the regional consumer price index for the New York, New
York-Northeastern, New Jersey area, based upon the index for all urban
consumers (CPI-U) during the preceding twelve-month period. At the time
of any contract extension, consideration shall be given to any compet-
itive proposal offered by a public transportation agency. Such contract
may be increased for each year of the contract extension by an amount
not to exceed the regional consumer price index increase for the New
York, New York-Northeastern, New Jersey area, based upon the index for
all urban consumers (CPI-U), during the preceding twelve-month period,
provided it has been satisfactorily established by the contractor that
there has been at least an equivalent increase in the amount of his cost
of operation, during the period of the contract.]
6. To enter into any contract or agreement deemed necessary or advis-
able after consultation with appropriate state agencies for carrying out
the objects and purposes of state university without prior review or
approval by any state officer or agency [other than the state comp-
troller and the attorney general] including contracts with non-profit
corporations organized by officers, employees, alumni or students of
state university for the furtherance of its objects and purposes.
Contracts or agreements entered into with the federal government to
enable participation in federal student loan programs, including any and
all instruments required thereunder, shall not be subject to the
requirements of section forty-one of the state finance law; provided,
however, that the state shall not be liable for any portion of any
defaults which it has agreed to assume pursuant to any such agreement in
an amount in excess of money appropriated or otherwise lawfully avail-
able therefor at the time the liability for payment arises.
S 2. Section 355 of the education law is amended by adding two new
subdivisions 5-a and 5-b to read as follows:
5-A. A. THE CHANCELLOR OF THE STATE UNIVERSITY AND THE COMMISSIONER OF
THE OFFICE OF GENERAL SERVICES SHALL DEVELOP A PROTOCOL TO DETERMINE
WHETHER IT IS MORE ECONOMICAL AND EFFICIENT TO PURCHASE GOODS FOR THE
STATE UNIVERSITY SYSTEM THROUGH THE CENTRALIZED CONTRACTS OF THE OFFICE
OF GENERAL SERVICES THAN THROUGH A COMPETITIVE BIDDING PROCESS.
B. THE PROTOCOL SHALL INCLUDE A PROCESS IN WHICH THE CHANCELLOR SHALL
OBTAIN INFORMATION ANNUALLY FROM EACH STATE-OPERATED INSTITUTION AND
UNIVERSITY HEALTH SCIENCES CENTER UNDER THE JURISDICTION OF THE STATE
UNIVERSITY, IN SUCH DETAIL AS REQUIRED BY THE CHANCELLOR, RELATING TO
THE TYPE AND TOTAL AMOUNT OF GOODS, INCLUDING TECHNOLOGY PURCHASES FOR
NEW SOFTWARE, SYSTEMS, ENHANCEMENTS AND EQUIPMENT, THAT EACH STATE-OPER-
ATED INSTITUTION OR UNIVERSITY HEALTH SCIENCES CENTER PROPOSES TO
PURCHASE IN THE UPCOMING FISCAL YEAR.
C. UPON RECEIPT OF THE INFORMATION OBTAINED PURSUANT TO PARAGRAPH B OF
THIS SUBDIVISION, THE CHANCELLOR, PURSUANT TO THE PROTOCOL AND IF JUSTI-
FIED BY PRICE AND VALUE, MAY REQUIRE THE STATE-OPERATED INSTITUTION OR
UNIVERSITY HEALTH SCIENCES CENTER TO MAKE ITS PURCHASES THROUGH THE USE
OF THE CENTRALIZED CONTRACTS OF THE OFFICE OF GENERAL SERVICES.
5-B. A. THE STATE UNIVERSITY SHALL PROVIDE BY OCTOBER FIFTEEN OF EACH
YEAR TO THE DIRECTOR OF THE DIVISION OF BUDGET, THE STATE COMPTROLLER,
THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE AND
THE CHAIRS OF THE ASSEMBLY AND SENATE HIGHER EDUCATION COMMITTEES A
REPORT WHICH SETS FORTH WITH RESPECT TO ITS CONTRACTING PROCESS THE
FOLLOWING INFORMATION FOR THE PRIOR FISCAL YEAR:
(1) THE STATE UNIVERSITY'S PROCUREMENT GUIDELINES;
(2) SELECTION METHOD, INCLUDING "LOWEST PRICE", "BEST VALUE", SOLE
SOURCE, SINGLE SOURCE, NEGOTIATED AND EMERGENCY PROCUREMENT SUBTOTALED
S. 8440 28
BY STATE-OPERATED INSTITUTIONS AND UNIVERSITY HEALTH SCIENCES CENTERS
AND BY TYPE OF GOODS OR COMMODITY;
(3) NUMBER OF CONTRACTS AWARDED BY NUMBER OF BIDS AND/OR PROPOSALS AND
SOURCE SELECTION METHOD;
(4) A LISTING OF CONTRACTS BY INDIVIDUAL STATE-OPERATED INSTITUTION
AND UNIVERSITY HEALTH SCIENCES CENTER, INCLUDING VENDOR NAME, APPROVAL
DATES, DOLLAR VALUE OF SUCH CONTRACTS, INCLUDING THE TOTAL AMOUNT OF
GOODS PURCHASED THROUGH THE CENTRALIZED CONTRACTS OF OFFICE OF GENERAL
SERVICES;
(5) A LISTING OF THE TOTAL NUMBER AND AMOUNT OF CONTRACTS AWARDED FOR
THE PRIOR FISCAL YEAR AND TOTAL YEAR-TO-DATE EXPENDITURES FOR ALL
CONTRACTS, WITH SUBTOTALS BY CENTRAL ADMINISTRATION, AND BY INDIVIDUAL
STATE-OPERATED INSTITUTION AND UNIVERSITY HEALTH SCIENCES CENTER; AND
MAJOR CONTRACT CATEGORY INCLUDING, BUT NOT LIMITED TO, GOODS, EQUIPMENT
AND COMMODITIES;
(6) THE TOTAL NUMBER AND TOTAL DOLLAR VALUE OF SINGLE SOURCE CONTRACTS
AWARDED DURING THE FISCAL YEAR, AND THE PERCENTAGE THAT SUCH CONTRACTS
REPRESENT OF THE STATE UNIVERSITY'S TOTAL NUMBER AND TOTAL DOLLAR VALUE
OF CONTRACT AWARDS DURING THE REPORTING PERIOD; AND
(7) THE NUMBER OF CONTRACTS DISAPPROVED DURING THE FISCAL YEAR AND
REASONS FOR DISAPPROVAL.
B. THE REPORT SHALL ALSO SET FORTH ANY RECOMMENDATIONS TO IMPROVE THE
EFFICIENCY OF THE STATE UNIVERSITY'S PROCUREMENT PROCESS.
S 3. Subdivision a of section 6218 of the education law, as amended by
chapter 697 of the laws of 1993, is amended to read as follows:
a. Notwithstanding the provisions of [paragraph] SUBDIVISIONS two AND
THREE of section one hundred twelve and [sections] SECTIONS one hundred
fifteen, one hundred sixty-one[,] AND one hundred sixty-three [and one
hundred seventy-four] of the state finance law and sections three and
six of the New York state printing and public documents law or any other
law to the contrary, the city university [trustees are] IS authorized
and empowered to:
(i) purchase materials, equipment and supplies, including computer
equipment and motor vehicles, [where the amount for a single purchase
does not exceed twenty thousand dollars,] (ii) execute contracts for
[services to an amount not exceeding twenty thousand dollars]
CONSTRUCTION, CONSTRUCTION-RELATED CONTRACTS, CONTRACTS FOR COMPUTER
TECHNOLOGY AND LEASES, LICENSES, PERMITS AND CONTRACTS FOR THE PURCHASE
OR SALE OF REAL PROPERTY, and (iii) contract for printing [to an amount
not exceeding five thousand dollars], without prior approval by any
other state officer or agency, but subject to rules and regulations of
the state comptroller not otherwise inconsistent with the provisions of
this section and in accordance with the [rules and regulations] GUIDE-
LINES promulgated by the city university board of trustees after consul-
tation with the state comptroller. [In addition, the trustees are
authorized to annually negotiate with the state comptroller increases in
the aforementioned dollar limits and the exemption of any articles,
categories of articles or commodities from these limits. Rules and regu-
lations] THE GUIDELINES promulgated by the city university board of
trustees shall, to the extent practicable, require that competitive
proposals be solicited for purchases, and shall include requirements
that purchases and contracts authorized under this section be at the
lowest possible price. CONTRACTS FOR SERVICES, OTHER THAN CONTRACTS FOR
CONSTRUCTION AND CONSTRUCTION-RELATED SERVICES, SHALL BE SUBJECT TO THE
APPROVAL OF THE STATE COMPTROLLER IN ACCORDANCE WITH THE PROVISIONS AND
DOLLAR THRESHOLD OF SUBDIVISION TWO OF SECTION ONE HUNDRED TWELVE OF THE
S. 8440 29
STATE FINANCE LAW; PROVIDED, THAT THE TRUSTEES ARE AUTHORIZED TO NEGOTI-
ATE ANNUALLY WITH THE STATE COMPTROLLER INCREASES IN THE DOLLAR THRESH-
OLD FOR CONTRACTS FOR SERVICES.
S 4. Section 6218 of the education law is amended by adding a new
subdivision i to read as follows:
I. (I) THE CITY UNIVERSITY SHALL PROVIDE BY OCTOBER FIFTEENTH OF EACH
YEAR TO THE DIRECTOR OF THE DIVISION OF THE BUDGET, THE STATE COMP-
TROLLER, THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE
SENATE AND THE CHAIRS OF THE ASSEMBLY AND SENATE HIGHER EDUCATION
COMMITTEES A REPORT WHICH SETS FORTH WITH RESPECT TO ITS CONTRACTING
PROCESS THE FOLLOWING INFORMATION FOR THE PRIOR FISCAL YEAR:
1. THE CITY UNIVERSITY'S PROCUREMENT GUIDELINES;
2. SELECTION METHOD, INCLUDING "LOWEST PRICE", "BEST VALUE", SOLE
SOURCE, SINGLE SOURCE, NEGOTIATED AND EMERGENCY PROCUREMENT SUBTOTALED
BY INDIVIDUAL SENIOR COLLEGES AND BY TYPE OF GOODS OR COMMODITY;
3. NUMBER OF CONTRACTS AWARDED BY NUMBER OF BIDS AND/OR PROPOSALS AND
SOURCE SELECTION METHOD;
4. A LISTING OF THE CONTRACTS BY INDIVIDUAL SENIOR COLLEGES, INCLUDING
VENDOR NAME, APPROVAL DATES, DOLLAR VALUE OF SUCH CONTRACTS;
5. A LISTING OF THE TOTAL NUMBER AND AMOUNT OF CONTRACTS AWARDED FOR
THE PRIOR FISCAL YEAR AND TOTAL YEAR-TO-DATE EXPENDITURES FOR ALL
CONTRACTS, WITH SUBTOTALS BY CENTRAL ADMINISTRATION, AND BY INDIVIDUAL
SENIOR COLLEGES; AND MAJOR CONTRACT CATEGORY INCLUDING, BUT NOT LIMITED
TO, GOODS, EQUIPMENT AND COMMODITIES;
6. THE TOTAL NUMBER AND TOTAL DOLLAR VALUE OF SINGLE SOURCE CONTRACTS
AWARDED DURING THE FISCAL YEAR, AND THE PERCENTAGE THAT SUCH CONTRACTS
REPRESENT OF THE CITY UNIVERSITY'S TOTAL NUMBER AND TOTAL DOLLAR VALUE
OF CONTRACT AWARDS DURING THE REPORTING PERIOD; AND
7. THE NUMBER OF CONTRACTS DISAPPROVED DURING THE FISCAL YEAR AND
REASONS FOR DISAPPROVAL.
(II) THE REPORT SHALL SET FORTH ANY RECOMMENDATIONS TO IMPROVE THE
EFFICIENCY OF THE CITY UNIVERSITY'S PROCUREMENT PROCESS.
S 5. The education law is amended by adding a new section 6283 to read
as follows:
S 6283. PROCUREMENTS OF THE FUND. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, THE CONTRACTS OF THE FUND MAY BE EXECUTED AND SHALL BE
VALID, ENFORCEABLE AND EFFECTIVE WITHOUT PRIOR REVIEW OR APPROVAL BY, OR
FILING WITH, THE STATE COMPTROLLER, PROVIDED, HOWEVER, THAT SUCH
CONTRACTS SHALL BE SUBJECT TO PROCUREMENT GUIDELINES THAT ARE ANNUALLY
ADOPTED BY THE FUND TRUSTEES, WHICH SHALL CONFORM TO THE PROVISIONS OF
TITLE FOUR OF ARTICLE NINE OF THE PUBLIC AUTHORITIES LAW, EXCEPT SECTION
TWENTY-EIGHT HUNDRED SEVENTY-NINE-A OF SUCH LAW.
S 6. Subdivisions 2 and 3 of section 112 of the state finance law, as
amended by chapter 319 of the laws of 1992, paragraph (a) of subdivision
2 as amended by section 2 of part D of chapter 56 of the laws of 2006,
are amended to read as follows:
2. (a) Before any contract made for or by any state agency, depart-
ment, board, officer, commission, or institution, except the office of
general services, THE CITY UNIVERSITY OF NEW YORK AND THE STATE UNIVER-
SITY OF NEW YORK, shall be executed or become effective, whenever such
contract exceeds fifty thousand dollars in amount and before any
contract made for or by the office of general services shall be executed
or become effective, whenever such contract exceeds eighty-five thousand
dollars in amount, it shall first be approved by the comptroller and
filed in his or her office, provided, however, that the comptroller
shall make a final written determination with respect to approval of
S. 8440 30
such contract within ninety days of the submission of such contract to
his or her office unless the comptroller shall notify, in writing, the
state agency, department, board, officer, commission, or institution,
prior to the expiration of the ninety day period, and for good cause, of
the need for an extension of not more than fifteen days, or a reasonable
period of time agreed to by such state agency, department, board, offi-
cer, commission, or institution and provided, further, that such written
determination or extension shall be made part of the procurement record
pursuant to paragraph f of subdivision one of section one hundred
sixty-three of this chapter. THE FOREGOING NOTWITHSTANDING, ANY
CONTRACT MADE FOR OR BY THE CITY UNIVERSITY OF NEW YORK OR THE STATE
UNIVERSITY OF NEW YORK FOR SERVICES, OTHER THAN A CONSTRUCTION CONTRACT
OR A CONTRACT FOR CONSTRUCTION-RELATED SERVICES, SHALL BE SUBJECT TO THE
PROVISIONS OF THIS PARAGRAPH.
(b) Whenever any liability of any nature shall be incurred by or for
any state department, board, officer, commission, or institution OTHER
THAN THE CITY UNIVERSITY OF NEW YORK AND THE STATE UNIVERSITY OF NEW
YORK, notice that such liability has been incurred shall be immediately
given in writing to the state comptroller.
3. A contract or other instrument wherein the state or any of its
officers, agencies, boards or commissions OTHER THAN THE CITY UNIVERSITY
OF NEW YORK AND THE STATE UNIVERSITY OF NEW YORK agrees to give a
consideration other than the payment of money, when the value or reason-
ably estimated value of such consideration exceeds ten thousand dollars,
shall not become a valid enforceable contract unless such contract or
other instrument shall first be approved by the comptroller and filed in
his office.
S 7. Subparagraph (iv) of paragraph a of subdivision 3 of section 163
of the state finance law, as amended by chapter 430 of the laws of 1997,
is amended to read as follows:
(iv) The commissioner is authorized to permit any officer, body or
agency of the state or of a political subdivision or a district therein,
or fire company or volunteer ambulance service as such are defined in
section one hundred of the general municipal law, to make purchases of
commodities through the office of general services' centralized
contracts, pursuant to the provisions of section one hundred four of the
general municipal law. The commissioner is authorized to permit any
county extension service association as authorized under subdivision
eight of section two hundred twenty-four of the county law, or any asso-
ciation or other entity as specified in and in accordance with section
one hundred nine-a of the general municipal law, OR ANY NON-PROFIT
CORPORATION ORGANIZED IN FURTHERANCE OF THE OBJECTS AND PURPOSES OF THE
CITY UNIVERSITY OF NEW YORK OR THE STATE UNIVERSITY OF NEW YORK, or any
other association or entity as specified in state law, to make purchases
of commodities through the office of general services' centralized
contracts; provided, however, that such entity so empowered shall accept
sole responsibility for any payment due with respect to such purchase;
AND PROVIDED FURTHER, HOWEVER, THAT COMMODITIES SO PURCHASED BY A
NON-PROFIT CORPORATION ORGANIZED IN FURTHERANCE OF THE OBJECTS AND
PURPOSES OF THE CITY UNIVERSITY OF NEW YORK OR THE STATE UNIVERSITY OF
NEW YORK SHALL NOT BE USED DIRECTLY OR INDIRECTLY BY A FOR-PROFIT CORPO-
RATION OR OTHER ENTITY WHICH CONTRACTS WITH THE NON-PROFIT CORPORATION,
NOR SHALL SUCH COMMODITIES SO PURCHASED BY SUCH NON-PROFIT CORPORATION
BE OFFERED FOR RESALE.
S. 8440 31
S 8. Paragraph e of subdivision 4 of section 163 of the state finance
law, as amended by chapter 95 of the laws of 2000, is amended to read as
follows:
e. Any officer, body or agency of a political subdivision as defined
in section one hundred of the general municipal law or a district there-
in, may make purchases of services through the office of general
services' centralized contracts for services, subject to the provisions
of section one hundred four of the general municipal law. The commis-
sioner may permit and prescribe the conditions for the purchase of
services through the office of general services' centralized contracts
for services by any public authority or public benefit corporation of
the state including the port authority of New York and New Jersey, OR
ANY NON-PROFIT CORPORATION ORGANIZED IN FURTHERANCE OF THE OBJECTS AND
PURPOSES OF THE CITY UNIVERSITY OF NEW YORK OR THE STATE UNIVERSITY OF
NEW YORK; PROVIDED, HOWEVER, THAT SERVICES SO PURCHASED BY A NON-PROFIT
CORPORATION ORGANIZED IN FURTHERANCE OF THE OBJECTS AND PURPOSES OF THE
CITY UNIVERSITY OF NEW YORK OR THE STATE UNIVERSITY OF NEW YORK SHALL
NOT BE USED DIRECTLY OR INDIRECTLY BY A FOR-PROFIT CORPORATION OR OTHER
ENTITY WHICH CONTRACTS WITH THE NON-PROFIT ORGANIZATION. The commis-
sioner is authorized to permit any public library, association library,
library system, cooperative library system, the New York Library Associ-
ation, and the New York State Association of Library Boards or any other
library except those which are operated by for profit entities, to make
purchases of services through the office of general services' central-
ized contracts; provided, however, that such entity so empowered shall
accept sole responsibility for any payment due with respect to such
purchase.
S 9. Paragraph i of subdivision 2 of section 355 of the education law,
as amended by chapter 552 of the laws of 1985, is amended to read as
follows:
i. To lease to alumni associations of institutions of the state
university a portion of the grounds occupied by any institution of the
state university, for the erection thereon of dormitories to be used by
students in attendance at such institutions. The terms of any lease and
the character of the building to be erected shall be determined by the
state university trustees. [Such lease, prior to its execution, shall be
submitted to the attorney general for his approval as to its form,
contents and legal effect.] Nothing contained in this paragraph shall
affect the provisions of any lease heretofore executed by a board of
visitors of any state-operated institution pursuant to law. The state
university trustees may similarly enter into an agreement with an alumni
association of an institution of the state university to furnish heat
from a central heating plant to any dormitory erected by such alumni
association. Any such dormitory shall not be subject to taxation for any
purpose.
S 10. Subdivision (b) of section 6281 of the education law, as amended
by chapter 1081 of the laws of 1969, is amended to read as follows:
(b) Notwithstanding any other provision of this article or any other
law, any contract let by the dormitory authority and/or the city univer-
sity construction fund for the purposes of this article shall be in
conformity with the provisions of section one hundred one of the general
municipal law, AND MAY BE AWARDED USING ANY DELIVERY METHOD AUTHORIZED
BY THE PROCUREMENT GUIDELINES ADOPTED BY THE CITY UNIVERSITY
CONSTRUCTION FUND OR THE DORMITORY AUTHORITY PURSUANT TO SECTION TWEN-
TY-EIGHT HUNDRED SEVENTY-NINE OF THE PUBLIC AUTHORITIES LAW.
S. 8440 32
S 11. This act shall take effect immediately; provided that sections
one, two, three, four, five, six, nine, and ten of this act shall expire
and be deemed repealed June 30, 2015; provided, however, that the amend-
ments to section 163 of the state finance law made by sections seven and
eight of this act shall not affect the repeal of such section and shall
be deemed repealed therewith.
PART D
Section 1. Subdivision 1 of section 17 of the public officers law is
amended by adding a new paragraph (x) to read as follows:
(X) FOR THE PURPOSES OF THIS SECTION, THE TERM "EMPLOYEE" SHALL
INCLUDE ANY STUDENT WHILE ENROLLED AND PARTICIPATING IN A CREDIT BEARING
COURSE OFFERED BY THE CITY UNIVERSITY OF NEW YORK OR BY A STATE OPERATED
INSTITUTION IN THE STATE UNIVERSITY OF NEW YORK FOR WHICH THERE IS A
COURSE REQUIREMENT TO COMPLETE A SUPERVISED CLINICAL OR
EXPERIENCED-BASED AFFILIATION AT AN AFFILIATE'S SITE, INCLUDING BUT NOT
LIMITED TO INTERNSHIPS AND SERVICES PROVIDED TO OTHER ENTITIES BY
STUDENT VOLUNTEERS AT UNIVERSITY-SPONSORED CLINICS.
S 2. Subdivisions 2, 3, 4, 5 and 6 of section 237 of the education
law, subdivisions 2, 3 and 4 as amended by chapter 186 of the laws of
1977 and subdivisions 5 and 6 as amended by chapter 567 of the laws of
1971, are amended to read as follows:
2. The regents shall, on or before the twenty-fifth day of April
[nineteen hundred seventy-one] TWO THOUSAND ELEVEN and each [fourth]
EIGHTH year thereafter, request the state university trustees, the board
of higher education of the city of New York, and all independent higher
educational institutions to submit long-range master plans for their
development. Such request shall specify the nature of the information,
plans and recommendations to be submitted, shall describe statewide
needs, problems, societal conditions and interests of the citizens and
discuss their priorities, and provide appropriate information which may
be useful in the formulation of such plans.
3. The regents shall, once every [four] EIGHT years, review the
proposed plan and recommendations required to be submitted by the state
university trustees pursuant to section three hundred fifty-four of this
chapter, the proposed plan and recommendations of the board of higher
education in the city of New York required to be submitted pursuant to
section sixty-two hundred [two] SIX of this chapter, and the plans of
independent institutions of higher education and, upon approval by the
regents of the plans submitted by the state university trustees and the
board of higher education, they shall be incorporated into a regents
plan or general revision thereof for the development of higher education
in the state. Such regents plan shall include the plan and recommenda-
tions proposed by the state university trustees and the plan and recom-
mendations proposed by the board of higher education in the city of New
York and may include plans with respect to other matters not compre-
hended within the plan of the state and city universities, including but
not limited to improving institutional management and resources,
instruction and guidance programs, financial assistance to students and
extension of educational opportunities. In determining the need for
additional educational facilities in a particular area, the plans and
facilities of existing public and independent institutions shall be
fully evaluated. Such statewide plan shall include for information
purposes a summary of all recommendations appearing in the prior state-
wide plan and subsequent amendments thereof containing a brief statement
S. 8440 33
of action taken and progress toward achievement of each such recommenda-
tion.
4. During the calendar year [nineteen hundred sixty-four] TWO THOUSAND
TWELVE and each [fourth] EIGHTH year thereafter the regents shall evalu-
ate all available information with respect to the plans and facilities
of independent institutions and shall review and act upon the proposed
plan and recommendations of the state university trustees and upon the
proposed plan and recommendations of the board of higher education in
the city of New York and incorporate such information, recommendations
and each of the component plans so acted upon into a tentative regents
plan or general revision thereof for the development of higher education
in the state. Copies of such tentative regents plan or general revision
thereof, as the case may be, shall be made available to the trustees of
the state university, the board of higher education in the city of New
York and the governing boards of all other institutions of higher educa-
tion admitted to the university of the state of New York. Thereafter,
after giving due notice, the regents shall conduct one or more hearings
on such tentative regents plan or general revision thereof.
5. The regents shall transmit their plan or general revision thereof
for the development of higher education in the state to the governor and
the legislature on or before the first day of November, [nineteen
hundred sixty-four] TWO THOUSAND TWELVE and each [fourth] EIGHTH year
thereafter. The governor may disapprove or conditionally approve any
part of the plan or general revision thereof after notifying the regents
of such disagreements at least sixty days prior to such action during
which time they may revise their recommendations relating to such items
and request the governor to adopt such revised recommendations in lieu
of such action. Such plan or general revision thereof or so much thereof
as shall be approved and upon such terms and conditions as the governor
may impose, shall become effective upon such approval by the governor.
6. Any modification recommended by the state university trustees or by
the board of higher education in the city of New York to their respec-
tive plans, theretofore formulated and approved pursuant to section
three hundred fifty-four or section sixty-two hundred [two] SIX of this
chapter shall be reviewed by the regents who may hold one or more hear-
ings thereon after giving due notice thereof. As approved by the
regents, such modification shall be made a part of the respective plans
of the state university and of the city university and shall, together
with any modifications the regents may make to that portion of their
plan for the development of higher education in the state not compre-
hended in the plans of the state and city universities, be transmitted
to the governor and the legislature, all of which shall then become
effective upon approval by the governor as modifications of the regents
plan. By the first day of November in [nineteen hundred seventy-four]
TWO THOUSAND EIGHT and each [fourth] EIGHTH year thereafter the regents
shall summarize and report to the governor and the legislature any
modifications made pursuant to this subdivision and shall include in
such report a statement on the progress made in implementing the regents
plan and their general recommendations with respect to higher education.
S 3. Subdivisions 1, 2 and 3 of section 354 of the education law, as
amended by chapter 552 of the laws of 1985, are amended to read as
follows:
1. The state university trustees shall, once every [four] EIGHT years,
formulate a long-range state university plan or general revision thereof
and make recommendations to the board of regents and the governor for
the organization, development, coordination and expansion of the state
S. 8440 34
university and for the establishment of community colleges in areas
suitable for and in need of such institutions, which plan and recommen-
dations shall include the following:
a. plans for new curricula;
b. plans for new facilities;
c. plans for change in policies with respect to student admissions;
d. projected student enrollments; and
e. comments upon its relationship to other colleges and universities,
public, independent and proprietary, within the state.
f. For informational purposes only, projection standards and overall
expenditure projections of capital and operating costs. Prior to trans-
mitting their long-range state university plan or general revision ther-
eof to the board of regents and the governor the state university trus-
tees may, after giving due notice, conduct one or more hearings on such
plan.
2. During the calendar year [nineteen hundred sixty-four] TWO THOUSAND
TWELVE and each [fourth] EIGHTH year thereafter the state university
trustees shall transmit their proposed plan or general revision thereof
to the board of regents and the governor on or before the first day of
June in each such year. Such plan shall be reviewed by the board of
regents and shall be subject to approval by such board. As approved by
the board of regents and incorporated into the regents plan or general
revision thereof for the development of higher education in the state
and, upon approval thereafter by the governor, such plan shall guide and
determine the development of the state university and its community
colleges until such plan is modified or revised in the manner provided
herein.
3. By the first day of June in [nineteen hundred seventy-four] TWO
THOUSAND EIGHT and every [fourth] EIGHTH year thereafter, the state
university trustees shall report in writing to the board of regents, to
the governor and to the legislature on the progress made in carrying out
their responsibilities under such plan and their general recommendations
with respect to public higher education, including recommendations as to
modifications of such plan which the trustees deem essential to meet the
then current demands upon public higher education. The state university
trustees may also at any other time propose modifications which they
then deem essential or desirable with respect to such plan. They may,
after giving due notice, conduct one or more hearings on such modifica-
tions and shall transmit their recommendations therefor to the board of
regents and the governor. Such modifications shall be subject to
approval by the regents and thereafter by the governor in the same
manner as such plan or general revisions thereof.
S 4. Subdivision 3 of section 390 of the education law, as amended by
chapter 486 of the laws of 1967, is amended to read as follows:
3. The term "eligible employees" means those employees in positions
requiring the performance of educational functions in teacher education,
agriculture, home economics, forestry, ceramics, liberal and applied
arts and sciences, engineering, technical skills, crafts, business
education, labor and industrial relations, medicine, dentistry, veteri-
nary medicine, pharmacy, nursing, law, public affairs, maritime officer
training, academic administration, library service, student activities,
student personnel service and other professions required to carry on the
work of the state university and the colleges, schools, institutes,
research centers, facilities and institutions comprising it and of the
community colleges; PROVIDED, THAT THE TERM "ELIGIBLE EMPLOYEES" SHALL
INCLUDE MEDICAL, DENTAL AND OPTOMETRIC RESIDENTS AND INTERNS WHO RENDER
S. 8440 35
SERVICES AT HEALTH SCIENCES CENTERS OF THE STATE UNIVERSITY AND WHO MAY
OPT TO PARTICIPATE IN THE NEW YORK STATE EMPLOYEES' RETIREMENT SYSTEM
BUT NOT IN THE OPTIONAL RETIREMENT PROGRAM OR THE NEW YORK STATE TEACH-
ERS' RETIREMENT SYSTEM. Such positions in the state university, includ-
ing those at the state colleges of agriculture, home economics, veteri-
nary medicine or industrial and labor relations, the state agricultural
experiment station at Geneva, or any other institution or agency under
the management and control of Cornell university as representative of
the board, and at the state college of ceramics under the management and
control of Alfred university as the representative of the board, and
such positions in the community colleges shall be those certified to the
board by the chancellor of state university as requiring the performance
of such functions. No person receiving a benefit by reason of his
retirement from any retirement or pension system of New York state or
any political subdivision thereof shall be eligible to elect the
optional retirement program.
S 5. Paragraph (a) of subdivision 1 of section 393 of the education
law, as amended by chapter 696 of the laws of 1965, is amended to read
as follows:
(a) Each eligible employee initially appointed on or after July first,
nineteen hundred sixty-four, within thirty days of his entry into
service, shall elect (i) to join either the New York state teachers'
retirement system or the New York state employees' retirement system or
other public retirement system in this state in accordance with the
provisions of law applicable thereto or (ii) to elect the optional
retirement program established pursuant to this article; PROVIDED THAT A
MEDICAL, DENTAL OR OPTOMETRIC RESIDENT OR INTERN WHO RENDERS SERVICES AT
A HEALTH SCIENCES CENTER OF THE STATE UNIVERSITY MAY ELECT TO JOIN THE
NEW YORK STATE EMPLOYEES' RETIREMENT SYSTEM, BUT MAY NOT ELECT THE
OPTIONAL RETIREMENT PROGRAM OR THE NEW YORK STATE TEACHERS' RETIREMENT
PROGRAM; provided, FURTHER, however, that (1) such persons initially
entering service during the period July first, nineteen hundred sixty-
four through November fourth, nineteen hundred sixty-four may defer such
election until December fourth, nineteen hundred sixty-four, and (2)
eligible employees of an electing employer initially appointed on or
after the effective date of the election to offer such program may defer
such election until the ninetieth day following such effective date of
the election to offer such program established by an electing employer.
Any such deferred election shall be effective as of the date of entry
into service or the effective date of such offer, whichever is later.
S 6. Subdivision 4 of section 501 of the education law, as amended by
chapter 713 of the laws of 1986, is amended to read as follows:
4. "Teacher" shall mean any regular teacher, special teacher, includ-
ing any school librarian or physical training teacher, principal, vice-
principal, supervisor, supervisory principal, director, superintendent,
city superintendent, assistant city superintendent, district superinten-
dent and other member of the teaching or professional staff of any
class, public school, vocational school, truant reformatory school or
parental school, and of any or all classes of schools within the state
of New York, including schools on the Indian reservation, conducted
under the order and superintendence of and wholly or partly at the
expense of the New York state education department or of a duly elected
board of education, board of school directors or board of trustees of
the state or of any city or school district thereof, provided that no
person shall be deemed a teacher within the meaning of this article who
is not so employed for full time outside vacation periods. The word,
S. 8440 36
"teacher," shall also include any person employed in the state education
department who at the time he entered such employment, or within one
year prior thereto, was a teacher within the foregoing definition, or
who was engaged in such department in the performance of duties pertain-
ing to instructional services prior to September first, nineteen hundred
eighty-six or who provides instructional services at the New York state
school for the blind or the New York state school for the deaf, but
shall not include a person who is a teacher within the foregoing defi-
nition, and who elects to become a member of the New York state employ-
ees' retirement system pursuant to paragraph five OR PARAGRAPH TEN of
subdivision c of section forty of the retirement and social security law
upon his entry, on or after April first, nineteen hundred fifty, into
his employment as such a teacher in a state-operated institution or
community college under the jurisdiction of the board of trustees of the
state university, or who is a teacher within the foregoing definition,
and who elects to become a member of the New York city employees'
retirement system, upon his entry, on or after April first, nineteen
hundred fifty-six, into his employment as such a teacher in a community
college operated by the city of New York, or who is a teacher within the
foregoing definition, and who elects the optional retirement program
established either by article [eight-b] EIGHT-B or by PART V OF article
three[, part V] of this chapter. In all cases of doubt, the retirement
board shall determine whether any person is a teacher as defined in this
article.
S 7. Subdivision c of section 40 of the retirement and social security
law is amended by adding a new paragraph 10 to read as follows:
10. A PERSON WHO IS A MEDICAL, DENTAL OR OPTOMETRIC RESIDENT OR INTERN
WHO RENDERS SERVICES AT A HEALTH SCIENCES CENTER OF THE STATE UNIVERSI-
TY.
S 8. Paragraph 3 of subdivision b of section 600 of the retirement and
social security law, as added by chapter 414 of the laws of 1983, is
amended to read as follows:
3. Enter the employment of a public employer which participates for
such employees in the New York state employees' retirement system in
positions in which they shall work full time shall be required to become
members;
(a) Provided, however, persons in the employ of such employers after
such date in positions in which they work less than full time shall be
permitted to become members of the New York state employees' retirement
system by filing an application therefor in the manner provided for by
section forty of this chapter;
(b) Provided further that an employee of a county extension service
association or Cornell university appointed for the first time on or
after August first, nineteen hundred seventy-seven who holds a federal
cooperative appointment with the United States department of agriculture
as designated by the director of the New York state cooperative exten-
sion service and who is eligible for participation in the federal
retirement system shall be excluded from membership in the state employ-
ees' retirement system; and
(c) Provided further that any employee of a county extension service
association and any employee of Cornell university appointed for the
first time on or after July first, nineteen hundred seventy-six but on
or before July thirty-first, nineteen hundred seventy-seven, who holds a
state cooperative appointment as designated by the director of the New
York state cooperative extension service may elect to receive a federal
cooperative appointment in the manner provided for by the relevant
S. 8440 37
federal laws, rules and regulations and to participate in the federal
retirement system and discontinue his participation in the state retire-
ment system by filing a written notice of termination on or before
December thirty-first, nineteen hundred eighty-three with the comp-
troller. Any employee who is a member of the state employees' retirement
system at the time he or she elects coverage in the federal retirement
program shall be deemed to be a person who discontinues service on the
effective date of such election, for the purpose of determining his or
her eligibility for rights and benefits in such state system; provided,
however, that if he or she does not withdraw accumulated contributions,
(i) continued service with the county extension service association or
Cornell university while under the federal retirement program shall be
deemed to be member service in the New York state employees' retirement
system for the purpose of determining eligibility for any vested retire-
ment allowance, retirement allowance or ordinary death benefit under
such system dependent upon a specified period of total service or upon
attainment of a specified age while in service or upon death while in
service; and (ii) the amount of any such benefit to which the person or
his or her estate or person designated by him or her may become entitled
under either such system shall be computed only on the basis of service
otherwise creditable to him or her therein and his or her compensation
during such service. Electing employees and their beneficiaries shall
not be entitled to any right or benefit under the New York state employ-
ees' retirement system other than a vested retirement allowance, retire-
ment allowance or ordinary death benefit to the extent expressly
provided for in this chapter[.]; AND
(D) PROVIDED, FURTHER THAT MEDICAL, DENTAL AND OPTOMETRIC RESIDENTS
AND INTERNS WHO RENDER SERVICES AT HEALTH SCIENCES CENTERS OF THE STATE
UNIVERSITY OF NEW YORK SHALL BE PERMITTED TO BECOME MEMBERS OF THE NEW
YORK STATE EMPLOYEES' RETIREMENT SYSTEM BY FILING AN APPLICATION THERE-
FOR IN THE MANNER PROVIDED FOR BY SECTION FORTY OF THIS CHAPTER.
S 9. This act shall take effect immediately and shall expire and be
deemed repealed June 30, 2015.
PART E
Intentionally omitted.
PART F
Section 1. The board of trustees of the state university of New York
and the city university of New York shall report every January first to
the governor, the temporary president of the senate and the speaker of
the assembly on the effectiveness of the reforms pursuant to this act.
The report shall address the progress of the state-operated and senior
colleges in competing with the top academic research institutions, the
impact of efforts by the state university of New York and the city
university of New York to increase the economic well-being of New York;
and the impact of tuition increases and efforts to ensure affordable
access for economically deprived students.
S 2. This act shall take effect immediately and shall expire and be
deemed repealed June 30, 2015.
S 3. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
S. 8440 38
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
S 4. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through F of this act shall be
as specifically set forth in the last section of such Parts.
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