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

    S. 6                                                        A. 6

                      Second Extraordinary Session

                      S E N A T E - A S S E M B L Y

                              July 30, 2010
                               ___________

IN  SENATE  --  Introduced  by  COMMITTEE ON RULES -- (at request of the
  Governor) -- read twice and ordered printed, and when  printed  to  be
  committed to the Committee on Rules

IN  ASSEMBLY  --  Introduced by COMMITTEE ON RULES -- (at request of the
  Governor) -- read once and referred to the Committee on Higher  Educa-
  tion

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); to amend the civil service law and the education law, in  relation
  to  state  university  health  care  facilities; and providing for the
  repeal of such provisions upon expiration thereof  (Part  E);  and  to
  enact  reporting  requirements;  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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12307-01-0

S. 6                                2                               A. 6
              

  Section  1.  This act shall be known and may be cited as the "New York
state public higher education empowerment and innovation 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
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 ALBANY, THE STATE UNIVERSITY OF NEW YORK AT BINGHAMTON,  THE
STATE UNIVERSITY OF NEW YORK DOWNSTATE MEDICAL CENTER, THE STATE UNIVER-
SITY OF NEW YORK UPSTATE MEDICAL UNIVERSITY, THE STATE UNIVERSITY OF NEW
YORK  COLLEGE  OF  ENVIRONMENTAL  SCIENCES  AND  FORESTRY, AND THE STATE
UNIVERSITY OF NEW YORK COLLEGE  OF  OPTOMETRY  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

S. 6                                3                               A. 6

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;
  (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 ALBANY, THE STATE UNIVERSITY OF  NEW  YORK  AT
BINGHAMTON,  THE  STATE UNIVERSITY OF NEW YORK DOWNSTATE MEDICAL CENTER,
THE STATE UNIVERSITY OF NEW YORK UPSTATE MEDICAL UNIVERSITY,  THE  STATE
UNIVERSITY  OF  NEW YORK COLLEGE OF ENVIRONMENTAL SCIENCES AND FORESTRY,
AND THE STATE UNIVERSITY OF NEW YORK COLLEGE OF OPTOMETRY, IN  CONSULTA-
TION  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  UNDER-
GRADUATE,  GRADUATE  AND  FIRST PROFESSIONAL DEGREES; PROVIDED, HOWEVER,
THAT ON OR BEFORE JUNE FIFTEENTH, TWO THOUSAND 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, COMPAR-
ISON  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  IN THE TWO THOUSAND
TEN--TWO THOUSAND ELEVEN ACADEMIC YEAR, A PORTION OF  SUCH  UNIVERSITY'S
TUITION  REVENUE  SHALL  BE  USED  TO  PROVIDE  NEED  BASED AID TO THOSE
STUDENTS WHO QUALIFY FOR ADMISSION AND  WHO  QUALIFY  FOR  SUCH  MAXIMUM

S. 6                                4                               A. 6

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.
  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, EXCEPT
THAT NOTHING SHALL PRECLUDE THE CITY UNIVERSITY OF  NEW  YORK:    BARUCH
COLLEGE,  THE  CITY  UNIVERSITY  OF NEW YORK: BROOKLYN COLLEGE, THE CITY
UNIVERSITY OF NEW YORK:  CITY COLLEGE, THE CITY UNIVERSITY OF NEW  YORK:
HUNTER  COLLEGE AND THE CITY UNIVERSITY OF NEW YORK: QUEENS COLLEGE FROM
CHARGING DIFFERING RATES OF ANNUAL TUITION PURSUANT TO SUBPARAGRAPH  (I)
OF  PARAGRAPH  (A) OF SUBDIVISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX
OF THIS ARTICLE.
  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

S. 6                                5                               A. 6

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 PRESIDENTS OF THE CITY UNIVERSITY OF NEW YORK: BARUCH
COLLEGE, THE CITY UNIVERSITY OF NEW YORK:  BROOKLYN  COLLEGE,  THE  CITY
UNIVERSITY  OF  NEW YORK: CITY COLLEGE, THE CITY UNIVERSITY OF NEW YORK:
HUNTER COLLEGE, AND THE CITY UNIVERSITY OF NEW YORK: QUEENS 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,  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, GRAD-
UATE  AND  FIRST  PROFESSIONAL  DEGREES;  PROVIDED,  HOWEVER, THAT ON OR
BEFORE JUNE FIFTEENTH, TWO THOUSAND 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, FAIR-
NESS AND MEASURES TO ENSURE THAT STUDENTS ARE NOT STEERED TOWARD CERTAIN
COURSES OF STUDY BASED ON ABILITY TO PAY;
  (III) 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;
  (IV) TO THE EXTENT THAT THE CITY UNIVERSITY OF NEW YORK RATE OF ANNUAL
RESIDENT UNDERGRADUATE TUITION EXCEEDS THE  MAXIMUM  AWARD  GIVEN  UNDER
SECTION  SIX  HUNDRED  SIXTY-SEVEN  OF  THIS  TITLE  IN THE TWO THOUSAND
TEN--TWO THOUSAND ELEVEN ACADEMIC YEAR, A PORTION OF  SUCH  UNIVERSITY'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-

S. 6                                6                               A. 6

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 CITY UNIVERSITY SHALL RECEIVE SUFFICIENT APPROPRIATION
AUTHORITY TO ALLOW THE EXPENDITURE OF TUITION  REVENUE  EXPECTED  TO  BE
RECEIVED.
  (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. Subdivision 8-b of section 355 of the education law is REPEALED.
  S 6.  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 7. 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,

S. 6                                7                               A. 6

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 DIFFERING 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 8. 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  9.  Paragraph 4-a of subdivision A of section 6221 of the education
law is REPEALED.
  S 10. 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,

S. 6                                8                               A. 6

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 DIFFERING 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  11.  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
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 12. 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.

S. 6                                9                               A. 6

  (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 ALBANY AND THE STATE UNIVERSITY OF
NEW YORK AT BINGHAMTON, AND THE STATE UNIVERSITY HEALTH CARE FACILITIES,
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, INCUBATOR, COMMUNITY, HEALTH CARE, RETAIL, FOOD
SERVICE, TELECOMMUNICATION, STUDENT AND FACULTY HOUSING, ENERGY, GOVERN-
MENTAL, 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, TRANS-
FER 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
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,

S. 6                               10                               A. 6

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
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

S. 6                               11                               A. 6

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
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

S. 6                               12                               A. 6

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
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.

S. 6                               13                               A. 6

  (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
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

S. 6                               14                               A. 6

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.
  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, BUFFALO, STONY BROOK, BINGHAMTON, OR AT ANY STATE
UNIVERSITY  HEALTH  CARE  FACILITY  FOR  THE  CONSTRUCTION, ACQUISITION,
RECONSTRUCTION, REHABILITATION OR  IMPROVEMENT  OF  ACADEMIC  BUILDINGS,
DORMITORIES  OR  OTHER FACILITIES THEREON AND FOR THE PURPOSE OF FACILI-
TATING SUCH CONSTRUCTION, ACQUISITION, RECONSTRUCTION, REHABILITATION OR
IMPROVEMENT, TO ENTER INTO LEASES AND AGREEMENTS FOR THE USE OF ANY SUCH
ACADEMIC BUILDING, DORMITORY OR OTHER FACILITY; PROVIDED, HOWEVER,  THAT

S. 6                               15                               A. 6

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 BUFFALO, THE STATE UNIVERSITY OF NEW YORK AT
STONY BROOK AND THE STATE UNIVERSITY OF NEW YORK AT BINGHAMTON,  OR  ANY
STATE  UNIVERSITY  HEALTH CARE FACILITY 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
UNIVERSITY OF NEW YORK AT ALBANY, THE STATE UNIVERSITY OF  NEW  YORK  AT
BUFFALO,  THE  STATE UNIVERSITY OF NEW YORK AT STONY BROOK AND THE STATE
UNIVERSITY OF NEW YORK AT BINGHAMTON, 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
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 and 12 of section 373 of  the  education  law,  as
added  by  chapter  251  of  the  laws  of  1962, are amended 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

S. 6                               16                               A. 6

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
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;
  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

S. 6                               17                               A. 6

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
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.

S. 6                               18                               A. 6

  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.  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 7. 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-
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,

S. 6                               19                               A. 6

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-
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

S. 6                               20                               A. 6

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  8.  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,
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-

S. 6                               21                               A. 6

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 9. 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

S. 6                               22                               A. 6

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
TO PRECLUDE THE STATE FROM ALTERING OR MODIFYING THE MANNER IN WHICH  IT
PROVIDES  FOR  THE  OPERATING  COSTS  OF THE LOCALLY SPONSORED COMMUNITY
COLLEGE.

S. 6                               23                               A. 6

  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 10. 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  11. This act shall take effect immediately; provided, however, that
sections one through nine  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 ten 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
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:

S. 6                               24                               A. 6

  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
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

S. 6                               25                               A. 6

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
BY  STATE-OPERATED  INSTITUTIONS  AND UNIVERSITY HEALTH SCIENCES CENTERS
AND BY TYPE OF GOODS OR COMMODITY;

S. 6                               26                               A. 6

  (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
STATE FINANCE LAW; PROVIDED, THAT THE TRUSTEES ARE AUTHORIZED TO NEGOTI-

S. 6                               27                               A. 6

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
such  contract  within ninety days of the submission of such contract to

S. 6                               28                               A. 6

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 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:

S. 6                               29                               A. 6

  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  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

S. 6                               30                               A. 6

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
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-

S. 6                               31                               A. 6

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
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;

S. 6                               32                               A. 6

  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
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-

S. 6                               33                               A. 6

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,
"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-

S. 6                               34                               A. 6

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
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-

S. 6                               35                               A. 6

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

  Section 1. Subdivision 14 of section 130 of the civil service law,  as
added by chapter 685 of the laws of 1995, is amended to read as follows:
  14. Notwithstanding  any  foregoing  provisions of this section to the
contrary, wage rates and/or pay differentials paid by the state PURSUANT
TO SUBDIVISION THIRTEEN OF SECTION THREE  HUNDRED  FIFTY-FIVE-A  OF  THE
EDUCATION  LAW,  AS ADDED BY CHAPTER SIX HUNDRED EIGHTY-FIVE OF THE LAWS
OF NINETEEN HUNDRED NINETY-FIVE, to teaching and research center  nurses
of the state university of New York [pursuant to subdivision thirteen of
section three hundred fifty-five-a of the education law] may be based on
a  study  of representative peer institutions in private or other public
hospitals in the same geographic area as a hospital of the state univer-
sity which shows that WAGE RATES  AND/OR  pay  differentials  of  nurses
employed by such peer institutions are higher than the wage rates and/or
pay  differentials  paid  by  the  state to teaching and research center
nurses of the state university. Whenever, in the opinion  of  the  chief
administrative  officer  of the health science centers at which teaching
and research center nurses are  employed,  additional  compensation  for
such  employees is necessary to maintain adequate support to protect the
health, safety and welfare of patients, such chief administrative  offi-
cer OR PRESIDENT shall request the state university board of trustees to
conduct such a study.
  S  2.  Subdivision  6 of section 350 of the education law, as added by
chapter 363 of the laws of 1998, is amended to read as follows:

S. 6                               36                               A. 6

  6. "Clinic" shall mean a facility LICENSED UNDER ARTICLE  TWENTY-EIGHT
OF  THE  PUBLIC HEALTH LAW AS A DIAGNOSTIC AND TREATMENT CENTER WHICH IS
located either within or outside  of  a  state  university  health  care
facility  providing services related to the medical education mission of
the  university,  but  shall not include state university student health
services.
  S 3. Subdivision 16 of section 355 of the education law, as  added  by
chapter 363 of the laws of 1998, is amended to read as follows:
  16. Subject to laws and regulations applicable to the state university
as a health care provider the state university trustees may:
  a.  Notwithstanding  section  one  hundred  sixty-three  of  the state
finance law AND SECTION SIXTY-THREE  OF  THE  EXECUTIVE  LAW,  authorize
[contracts  for]  a  state  university health care facility [for partic-
ipation] TO CREATE AND/OR PARTICIPATE in managed care networks and other
joint   and   cooperative   arrangements   with   public,   [non-profit]
NOT-FOR-PROFIT  or FOR PROFIT business entities, INCLUDING JOINT VENTUR-
ERS, NOT-FOR-PROFIT OR  FOR  PROFIT  CORPORATIONS,  PROFESSIONAL  CORPO-
RATIONS,  AND  LIMITED  LIABILITY  COMPANIES,  including entering into a
maximum of twenty network arrangements  per  year,  as  partners,  JOINT
VENTURERS,  members of [non-profit] NOT-FOR-PROFIT corporations, MEMBERS
OF LIMITED LIABILITY  COMPANIES  and  shareholders  of  business  corpo-
rations,  and the provision of management and administrative services by
or for state university. Any contract for the  provision  of  management
services  shall be subject to any provision of the public health law and
health regulations applicable to the state university as a  health  care
provider, including any review by the commissioner of health pursuant to
10 NYCRR section 405.3(f). In addition, the commissioner of health shall
provide  for  public  comment  within thirty days of a submission of any
management contract required to be reviewed pursuant to regulation.  The
trustees may also authorize contracts, including [capitation] RISK-SHAR-
ING  contracts,  for  a  state  university  health care facility for the
provision of general comprehensive and specialty health  care  services,
directly  or  through contract with other service providers or entities,
including state university  employees  or  entities  comprised  thereof.
Contracts authorized hereunder shall be:
  (1) consistent with trustee guidelines respecting all terms and condi-
tions  necessary  and  appropriate  for  managed care NETWORKS and other
[network,]  joint  or  cooperative  arrangements,  including  GUIDELINES
GOVERNING  THE  AWARDING  OF  SUCH CONTRACTS, guidelines for comparative
review where appropriate, AND CONFLICT-OF-INTEREST GUIDELINES;
  (2) subject to laws and regulations applicable to the state university
as a health care provider, including with respect to rates  and  certif-
icates of need; and
  (3)  subject  to  article  fourteen  of  the civil service law and the
applicable provisions of  agreements  between  the  state  and  employee
organizations pursuant to article fourteen of the civil service law.
  b.  (1)  Notwithstanding the provisions of [subdivision two of section
one hundred twelve of the state  finance  law  relating  to  the  dollar
threshold  requiring the comptroller's approval of contracts and] SUBDI-
VISION TWO OF SECTION ONE HUNDRED TWELVE OF THE STATE FINANCE LAW RELAT-
ING TO THE COMPTROLLER'S APPROVAL OF CONTRACTS FOR SERVICES AND subdivi-
sion six of section one hundred sixty-three of the state finance law AND
SECTION SIXTY-THREE OF THE EXECUTIVE LAW, authorize  contracts  for  the
purchase  of goods and services for state university health care facili-
ties WITHOUT PRIOR APPROVAL BY ANY OTHER STATE OFFICER OR AGENCY:

S. 6                               37                               A. 6

  [(1)] (A) for any contract [which does not exceed  seventy-five  thou-
sand dollars] FOR GOODS OR SERVICES OR FOR ANY REVENUE CONTRACT; or
  [(2)]  (B)  for  joint  or group purchasing arrangements [which do not
exceed seventy-five thousand dollars without prior approval by any other
state, officer or agency] in accordance with procedures and requirements
found in paragraph a of subdivision five of this section.
  [(3) contracts] (2) CONTRACTS authorized hereunder shall be subject to
article fourteen of the civil service law and the applicable  provisions
of  agreements  between the state and employee organizations pursuant to
article fourteen of the civil service law AND SHALL BE  CONSISTENT  WITH
TRUSTEE GUIDELINES GOVERNING THE AWARDING OF SUCH CONTRACTS, COMPARATIVE
REVIEW WHERE APPROPRIATE, AND CONFLICT-OF-INTEREST GUIDELINES.
  [The  trustees  are  authorized  to  negotiate annually with the state
comptroller increases in the aforementioned dollar limits.]
  c. Authorize contracts for the acquisition BY STATE UNIVERSITY  HEALTH
CARE  FACILITIES  OR FACILITIES SUITABLE FOR THE DELIVERY OF HEALTH CARE
SERVICES, by purchase, lease,  sublease,  transfer  of  jurisdiction  or
otherwise[,  of  facilities  suitable  for  the  delivery of health care
services] and for  the  construction,  repair,  maintenance,  equipping,
rehabilitation  or improvement thereof.  SUCH FACILITIES MAY BE ACQUIRED
IN WHOLE OR IN PART BY STATE UNIVERSITY HEALTH CARE  FACILITIES,  EITHER
DIRECTLY  OR  THROUGH  OWNERSHIP  IN  A JOINT OR COOPERATIVE ARRANGEMENT
AUTHORIZED BY PARAGRAPH A OF THIS SUBDIVISION. Such contracts  shall  be
[subject  to  approval  by  the  attorney  general as to form and by the
director of the budget and the state comptroller] CONSISTENT WITH  TRUS-
TEE  GUIDELINES  GOVERNING  THE  AWARDING  OF  SUCH CONTRACTS, INCLUDING
GUIDELINES REQUIRING COMPARATIVE REVIEW WHERE APPROPRIATE  AND  CONFLICT
OF  INTEREST GUIDELINES.  Contracts under this paragraph shall be funded
from any moneys lawfully available for the expenses of the STATE UNIVER-
SITY health care facilities.
  D. THE STATE UNIVERSITY SHALL PROVIDE BY JULY FIFTEENTH OF  EACH  YEAR
TO  THE  DIRECTOR  OF THE BUDGET AND TO THE CHAIRS OF THE SENATE FINANCE
COMMITTEE AND THE ASSEMBLY WAYS AND MEANS COMMITTEE A REPORT WHICH  SETS
FORTH  WITH  RESPECT  TO CONTRACTS ENTERED INTO DURING THE PRIOR YEAR BY
STATE UNIVERSITY HEALTH CARE FACILITIES (1)  THE  AMOUNT,  PURPOSE,  AND
DURATION  OF  CONTRACTS  AND ARRANGEMENTS ENTERED INTO PURSUANT TO PARA-
GRAPHS A AND C OF THIS SUBDIVISION, (2) A LISTING OF CONTRACTS OVER  THE
AMOUNT  OF  TWO  HUNDRED FIFTY THOUSAND DOLLARS ENTERED INTO PURSUANT TO
CLAUSE (A) OF SUBPARAGRAPH ONE OF PARAGRAPH B OF THIS  SUBDIVISION,  AND
(3) THE AMOUNT, PURPOSE AND DURATION OF CONTRACTS OVER THE AMOUNT OF TWO
HUNDRED  FIFTY  THOUSAND  DOLLARS ENTERED INTO PURSUANT TO CLAUSE (B) OF
SUBPARAGRAPH ONE OF PARAGRAPH B OF THIS SUBDIVISION.
  S 4. Notwithstanding any inconsistent provision in section  8  of  the
court  of claims act, subdivision 10 of section 355 of the education law
or any other provision of law, a state university health  care  facility
may include in a contract authorized by paragraph a of subdivision 16 of
section  355  of  the  education  law,  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 association.
  S 5. This act shall take effect immediately and shall  expire  and  be
deemed repealed June 30, 2015.

                                 PART F

S. 6                               38                               A. 6

  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
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.