S T A T E O F N E W Y O R K
________________________________________________________________________
8743
2009-2010 Regular Sessions
I N A S S E M B L Y
June 5, 2009
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Introduced by M. of A. PEOPLES -- (at request of the Governor) -- (at
request of the Dormitory Authority of the State of New York) -- read
once and referred to the Committee on Corporations, Authorities and
Commissions
AN ACT to amend the public authorities law, in relation to providing for
the financing and construction of capital facilities for certain not-
for-profit entities affiliated with the state university of New York
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (b) of subdivision 2 of section 1676 of the
public authorities law is amended by adding a new undesignated paragraph
to read as follows:
FOR THE PURPOSES OF ANY PROJECT SPECIFICALLY ENUMERATED IN THIS PARA-
GRAPH, 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 ANY
ENTITY WHICH IS ORGANIZED EXCLUSIVELY BY STUDENTS OF THE STATE UNIVERSI-
TY, 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 FAMI-
LIES OR ANY ACADEMIC BUILDING, ADMINISTRATION BUILDING, LIBRARY, LABORA-
TORY, CLASSROOM, HEALTH FACILITY OR OTHER FACILITY, BUILDING OR STRUC-
TURE ESSENTIAL, NECESSARY OR USEFUL IN FURTHERING THE ACADEMIC,
CULTURAL, HEALTH OR RESEARCH PROGRAMS OF THE STATE UNIVERSITY OF NEW
YORK, INCLUDING ALL NECESSARY AND USUAL ATTENDANT AND RELATED FACILITIES
AND EQUIPMENT. FOR PURPOSES OF THIS PARAGRAPH, "PROJECT" SHALL MEAN
ONLY THE FOLLOWING: ONE OR MORE FACILITIES TO BE LOCATED ON OR ADJACENT
TO ONE OR MORE CAMPUSES OF THE STATE UNIVERSITY OF BUFFALO IN THE TOWN
OF AMHERST AND THE CITY OF BUFFALO FOR ANY OF THE FOREGOING PURPOSES,
INCLUDING, BUT NOT LIMITED TO, A HOTEL, CONFERENCE CENTER, RETAIL FACIL-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09048-04-9
A. 8743 2
ITIES AND CERTAIN OTHER FACILITIES TO PROVIDE EDUCATIONAL, TRAINING AND
ECONOMIC OPPORTUNITIES TO RESIDENTS OF THE TOWN OF AMHERST AND THE CITY
OF BUFFALO; AND, STUDENT HOUSING FACILITIES IN THE CITY OF SYRACUSE FOR
USE BY STUDENTS ATTENDING THE COLLEGE OF ENVIRONMENTAL SCIENCE AND
FORESTRY.
S 2. Subdivision 1 of section 1680 of the public authorities law is
amended by adding a new undesignated paragraph to read as follows:
FOR THE PURPOSES OF ANY PROJECT SPECIFICALLY ENUMERATED IN THIS PARA-
GRAPH, 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 ANY
ENTITY WHICH IS ORGANIZED EXCLUSIVELY BY STUDENTS OF THE STATE UNIVERSI-
TY, 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 FAMI-
LIES OR ANY ACADEMIC BUILDING, ADMINISTRATION BUILDING, LIBRARY, LABORA-
TORY, 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. FOR PURPOSES OF THIS PARAGRAPH, "PROJECT" SHALL MEAN ONLY
THE FOLLOWING: ONE OR MORE FACILITIES TO BE LOCATED ON OR ADJACENT TO
ONE OR MORE CAMPUSES OF THE STATE UNIVERSITY OF BUFFALO IN THE TOWN OF
AMHERST AND THE CITY OF BUFFALO FOR ANY OF THE FOREGOING PURPOSES,
INCLUDING, BUT NOT LIMITED TO, A HOTEL, CONFERENCE CENTER, RETAIL FACIL-
ITIES AND CERTAIN OTHER FACILITIES TO PROVIDE EDUCATIONAL, TRAINING AND
ECONOMIC OPPORTUNITIES TO RESIDENTS OF THE TOWN OF AMHERST AND THE CITY
OF BUFFALO; AND, STUDENT HOUSING FACILITIES IN THE CITY OF SYRACUSE FOR
USE BY STUDENTS ATTENDING THE COLLEGE OF ENVIRONMENTAL SCIENCE AND
FORESTRY; PROVIDED, HOWEVER, THAT ANY PROJECT PROPOSED TO BE UNDERTAKEN
PURSUANT TO THIS PARAGRAPH SHALL FIRST BE APPROVED BY THE STATE UNIVER-
SITY OF THE STATE 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 THE STATE 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, RECONSTRUCTION, REHABILITATION, IMPROVEMENT, FURNISHING
AND EQUIPPING OF ANY PROJECT AS PROVIDED IN THIS PARAGRAPH, INCLUDING,
BUT NOT LIMITED TO, PROVIDING FOR THE SALE, LEASE, TRANSFER OR CONVEY-
ANCE OF STATE-OWNED PROPERTY UNDER THE JURISDICTION OF THE STATE UNIVER-
SITY 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
ANY PROJECT UNDERTAKEN BY THE DORMITORY AUTHORITY PURSUANT TO THIS PARA-
GRAPH SHALL CONSTITUTE A PUBLIC WORK FOR PURPOSES OF THE LABOR LAW AND
SHALL BE SUBJECT TO THE REQUIREMENTS OF ARTICLE FIFTEEN-A OF THE EXECU-
TIVE LAW. ALL STATE 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 THE STATE UNIVERSITY CONSTRUCTION
A. 8743 3
FUND 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. NO AGREEMENT PROVIDING FOR THE FINANCING, REFINANCING,
ACQUISITION, DESIGN, CONSTRUCTION, RECONSTRUCTION, REHABILITATION,
IMPROVEMENT, FURNISHING AND EQUIPPING OF ANY PROJECT PURSUANT TO THIS
PARAGRAPH SHALL PROVIDE FOR THE OPERATION AND MAINTENANCE OF SUCH
PROJECT AFTER ITS COMPLETION BY AN ENTITY OTHER THAN THE STATE UNIVERSI-
TY OF NEW YORK.
S 3. This act shall take effect immediately.