senate Bill S3143A

2011-2012 Legislative Session

Relates to tuition increases, leasing, contracting, and the overall daily operation at the State University of New York at Buffalo

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to higher education
returned to senate
died in assembly
Mar 02, 2011 referred to higher education
delivered to assembly
passed senate
Mar 01, 2011 ordered to third reading cal.144
reported and committed to rules
reported and committed to finance
Feb 24, 2011 print number 3143a
amend and recommit to higher education
Feb 09, 2011 referred to higher education

Votes

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Mar 1, 2011 - Finance committee Vote

S3143A
21
1
committee
21
Aye
1
Nay
10
Aye with Reservations
0
Absent
2
Excused
0
Abstained
show Finance committee vote details

Mar 1, 2011 - Higher Education committee Vote

S3143A
8
1
committee
8
Aye
1
Nay
9
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Higher Education committee vote details

Higher Education Committee Vote: Mar 1, 2011

nay (1)

Mar 1, 2011 - Rules committee Vote

S3143A
16
1
committee
16
Aye
1
Nay
6
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Rules committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S3143 - Bill Details

See Assembly Version of this Bill:
A5799
Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §§355, 373 & 376, Ed L; amd §§1676 & 1680, Pub Auth L; amd §§891-a & 914-a, Gen Muni L; amd §§112, 139-j, 139-k, 163, 4 & 121, St Fin L; amd §5-a, Tax L
Versions Introduced in 2009-2010 Legislative Session:
S2020C

S3143 - Bill Texts

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Relates to tuition increases, leasing, contracting, and the overall daily operation at the State University of New York at Buffalo.

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BILL NUMBER:S3143

TITLE OF BILL:
An act
to amend the education law, the public authorities law and the general
municipal law, in relation to authorizing tuition increases for the
State University of New York at Buffalo (Part A); to amend the education
law, in relation to the use of State University of New York at Buffalo
property (Part B); to amend the education law, the state finance law
and the tax law, in relation to the ability of the state university
trustees to purchase items and enter into contracts and agreements (Part
C); to amend the education law and the state finance law, in relation
to the distribution of money received from various sources related to
the State University of New York at Buffalo (Part D); and to amend the
education law, in relation to providing that certain lease of the State
University of New York at Buffalo need not be submitted to the attorney
general for his or her approval (Part E)

PURPOSE OF THE BILL:
To allow the University at Buffalo greater flexibility and autonomy in
regard to leasing, contracting, tuition increases, and the overall
daily operation at the University.

SUMMARY OF SPECIFIC PROVISIONS:
This act shall be known as the "UB 2020 Flexibility and Economic
Growth Act."

The legislation amends various sections of the Education Law, the
Public Authorities Law, the General Municipal Law, the State Finance
Law, and the Tax Law.

JUSTIFICATION:
Under the current economic climate, New York State must develop a
globally competitive, diversified economy. As New York's leading
public research university, the provisions detailed in this
legislation will transform the university at Buffalo into a model
twenty-first century public university. This transformation will
reinvigorate the Western New York region, spur the local economy and
improve the quality of life of its residents.

PRIOR LEGISLATIVE HISTORY:
S.2020-C of 2009/2010 Passed Senate

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately, with provisions.

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

                                  3143

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 9, 2011
                               ___________

Introduced by Sens. GRISANTI, MAZIARZ, GALLIVAN, RANZENHOFER, KENNEDY --
  read  twice  and  ordered printed, and when printed to be committed to
  the Committee on Higher Education

AN ACT to amend the education law, the public authorities  law  and  the
  general  municipal  law,  in relation to authorizing tuition increases
  for the State University of New York at Buffalo (Part A); to amend the
  education law, in relation to the use of State University of New  York
  at  Buffalo  property  (Part B); to amend the education law, the state
  finance law and the tax law, in relation to the ability of  the  state
  university  trustees  to  purchase  items and enter into contracts and
  agreements (Part C); to amend the education law and the state  finance
  law,  in  relation  to the distribution of money received from various
  sources related to the State University of New York at  Buffalo  (Part
  D);  and  to  amend  the  education law, in relation to providing that
  certain lease of the State University of New York at Buffalo need  not
  be submitted to the attorney general for his or her approval (Part E)

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "UB 2020 flexibility and economic growth act".
  S  2.  Legislative  findings and intent.   The State University of New
York at Buffalo ranks as one of the foremost  research  academic  insti-
tutions in New York, and has the potential to become a regional economic
engine.  The  University's UB 2020 initiative, through which it seeks to
increase enrollment, expand its research capabilities and revitalize its
campuses, can serve as the catalyst for re-energizing  the  western  New
York economy and workforce development.
  In  light of the current condition of the western New York economy and
the State University of New York at  Buffalo's  desire  to  enhance  its
academic research capabilities, the University is the ideal candidate to
pilot  a  number  of  reforms  recently  proposed  by the New York State

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06328-03-1

S. 3143                             2

commission on higher education. These proposals will require  the  state
of New York to maintain its current level of financial commitment to the
State University of New York at Buffalo.
  Finally,   the  legislature  intends  to  monitor  the  University  at
Buffalo's implementation of these reforms, their impact in  western  New
York,  and  their  potential  for broader application.   This monitoring
shall include the efforts by and on behalf of the University at  Buffalo
to ensure a diverse workforce on UB 2020 capital projects.
  S  3.  This  act enacts into law major components of legislation which
are necessary for the efficient and productive operation  of  the  State
University  of  New  York at Buffalo. Each component is wholly contained
within a Part identified as Parts A through E.  The  effective  date  or
dates  for  each particular provision contained within such Part are 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 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.

                                 PART A

  Section 1. 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]  EXCEPT AS HEREINAFTER PROVIDED WITH RESPECT TO STUDENTS AT
THE STATE UNIVERSITY OF NEW YORK AT  BUFFALO,  THE  trustees  shall  not
impose  a  differential  tuition charge based upon need or income. [All]
EXCEPT AS HEREINAFTER PROVIDED WITH RESPECT TO  STUDENTS  AT  THE  STATE
UNIVERSITY  OF  NEW  YORK  AT BUFFALO, 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 differ-
ential  tuition  rates  based on state residency.  EXCEPT AS HEREINAFTER
PROVIDED WITH RESPECT TO STUDENTS AT THE STATE UNIVERSITY OF NEW YORK AT
BUFFALO, THE TRUSTEES SHALL NOT ADOPT CHANGES AFFECTING TUITION  CHARGES
PRIOR TO THE ENACTMENT OF THE ANNUAL BUDGET. Provided, however, that the
trustees  may authorize the presidents of the colleges of technology and
the colleges of agriculture and technology to  set  differing  rates  of
tuition  for each of the colleges for students enrolled in degree-grant-
ing programs leading 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  undergraduate  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,
  A. COMMENCING WITH THE  TWO  THOUSAND  TWELVE--TWO  THOUSAND  THIRTEEN
ACADEMIC  YEAR,  THE  PRESIDENT  OF  THE STATE UNIVERSITY OF NEW YORK AT
BUFFALO, IN CONSULTATION WITH THE  UNIVERSITY  AT  BUFFALO  COUNCIL,  IS
AUTHORIZED TO SET DIFFERING RATES OF TUITION BY PROGRAM AND, WITHIN EACH
PROGRAM,  BY  CLASS  YEAR,  FOR  STUDENTS  ENROLLED  IN  DEGREE GRANTING
PROGRAMS AT THE STATE UNIVERSITY OF NEW  YORK  AT  BUFFALO  WITHOUT  THE
PRIOR APPROVAL OF THE TRUSTEES IN ACCORDANCE WITH THE FOLLOWING:
  (I)  TUITION FOR STUDENTS ENROLLED IN ANY PARTICULAR UNDERGRADUATE AND
GRADUATE DEGREE  GRANTING  PROGRAM,  INCLUDING  IN-STATE,  OUT-OF-STATE,
FULL-TIME  AND  PART-TIME  STUDENTS,  MAY  BE INCREASED EACH YEAR TO THE
PUBLIC INSTITUTION MEAN TUITION AS MOST RECENTLY REPORTED BY THE  AMERI-

S. 3143                             3

CAN  ASSOCIATION OF UNIVERSITIES FOR EACH SUCH PROGRAM, PROVIDED, HOWEV-
ER, THAT EACH SUCH ANNUAL INCREASE MAY NOT EXCEED 1.5 TIMES THE PERCENT-
AGE INCREASE IN THE MOST RECENTLY PUBLISHED HIGHER EDUCATION PRICE INDEX
(HEPI) AS PROMULGATED BY THE COMMONFUND INSTITUTE.
  (II) TUITION FOR STUDENTS ENROLLED IN PROFESSIONAL PROGRAMS INCLUDING,
BUT  NOT  LIMITED TO, DOCTOR OF MEDICINE, DOCTOR OF DENTISTRY, DOCTOR OF
NURSING PRACTICE, DOCTOR OF PHYSICAL THERAPY, JURIS  DOCTOR,  DOCTOR  OF
PHARMACY  AND  MASTERS IN BUSINESS ADMINISTRATION, MAY BE INCREASED EACH
YEAR TO THE PUBLIC INSTITUTION MEAN TUITION AS MOST RECENTLY REPORTED BY
THE  AMERICAN  ASSOCIATION  OF  UNIVERSITIES  FOR  EACH  SUCH   PROGRAM,
PROVIDED, HOWEVER, THAT EACH SUCH ANNUAL INCREASE MAY NOT EXCEED FIFTEEN
PERCENT.
  B.  PROPOSED TUITION INCREASES FOR STUDENTS AT THE STATE UNIVERSITY OF
NEW YORK AT BUFFALO THAT EXCEED THE INCREASES DESCRIBED IN CLAUSE  A  OF
THIS SUBPARAGRAPH MUST BE APPROVED BY THE TRUSTEES PRIOR TO BEING IMPLE-
MENTED.
  C.  THE  STATE  OF NEW YORK AND THE STATE UNIVERSITY OF NEW YORK SHALL
DISREGARD ANY TUITION INCREASES FOR STUDENTS AT THE STATE UNIVERSITY  OF
NEW  YORK AT BUFFALO PURSUANT TO CLAUSE A OF THIS SUBPARAGRAPH IN DETER-
MINING ANY ANNUAL CORE INSTRUCTIONAL SUPPORT OR OTHER  ANNUAL  APPROPRI-
ATIONS  TO BE PROVIDED TO EITHER THE STATE UNIVERSITY OF NEW YORK OR THE
STATE UNIVERSITY OF NEW YORK AT BUFFALO. IN  AMPLIFICATION  AND  NOT  IN
LIMITATION OF THE FOREGOING, NEITHER THE STATE OF NEW YORK NOR THE STATE
UNIVERSITY  OF  NEW  YORK  SHALL  PROVIDE  ANY  INCREASES TO ANNUAL CORE
STATE-TAX FUNDED INSTRUCTIONAL SUPPORT, EMPLOYEE SALARY OR FRINGE  BENE-
FIT  PAYMENTS OR OTHER ANNUAL APPROPRIATIONS OF ANY KIND OR NATURE TO OR
ON BEHALF OF ANY OTHER SUNY UNIVERSITY CENTER (I.E., STATE UNIVERSITY OF
NEW YORK AT STONY BROOK, STATE UNIVERSITY OF NEW YORK AT ALBANY OR STATE
UNIVERSITY OF NEW YORK AT BINGHAMTON) OR ANY SUNY FOUR YEAR COLLEGE AT A
LEVEL, THAT IS, IN ANY WAY, INCONSISTENT WITH OR INFERIOR TO THE FUNDING
METHODS EMPLOYED FOR INCREASES IN ANNUAL CORE STATE-TAX FUNDED  INSTRUC-
TIONAL  SUPPORT,  EMPLOYEE  SALARY  OR  FRINGE BENEFIT PAYMENTS OR OTHER
APPROPRIATIONS OF ANY KIND OR NATURE MADE TO OR ON BEHALF OF  THE  STATE
UNIVERSITY  OF  NEW YORK AT BUFFALO. FURTHERMORE, UNTIL SUCH TIME AS THE
PROGRAM OBJECTIVES OF THE STATE UNIVERSITY OF NEW YORK AT  BUFFALO'S  UB
2020  INITIATIVE  ARE  ACHIEVED,  NEITHER  THE STATE OF NEW YORK NOR THE
STATE UNIVERSITY OF NEW YORK WILL REDUCE ANNUAL  CORE  STATE-TAX  FUNDED
INSTRUCTIONAL  SUPPORT,  EMPLOYEE  SALARY  OR FRINGE BENEFIT PAYMENTS OR
OTHER APPROPRIATIONS OF ANY KIND OR NATURE MADE TO OR ON BEHALF  OF  THE
STATE UNIVERSITY OF NEW YORK AT BUFFALO SO AS TO CAUSE THE PROPORTIONATE
LEVEL OF SUPPORT, PAYMENTS AND APPROPRIATIONS FOR ANY OTHER SUNY UNIVER-
SITY  CENTER  (I.E.,  STATE UNIVERSITY OF NEW YORK AT STONY BROOK, STATE
UNIVERSITY OF NEW YORK AT ALBANY OR STATE  UNIVERSITY  OF  NEW  YORK  AT
BINGHAMTON)  OR  ANY SUNY FOUR YEAR COLLEGE TO BE GREATER THAN THE LEVEL
OF SUCH SUPPORT, PAYMENTS AND APPROPRIATIONS AFFORDED THE STATE  UNIVER-
SITY OF NEW YORK AT BUFFALO IN COMPARISON TO SUCH OTHER INSTITUTIONS FOR
THE TWO THOUSAND TEN--TWO THOUSAND ELEVEN STATE FISCAL YEAR.
  D. NOTWITHSTANDING ITEM (C) OF SUBCLAUSE ONE OF CLAUSE (A) OF SUBPARA-
GRAPH  (I)  OF  PARAGRAPH  A OF SUBDIVISION THREE OF SECTION SIX HUNDRED
SIXTY-SEVEN OF THIS TITLE, COMMENCING WITH THE TWO THOUSAND  TWELVE--TWO
THOUSAND  THIRTEEN  ACADEMIC YEAR, THE STATE OF NEW YORK SHALL CALCULATE
TUITION ASSISTANCE PROGRAM (TAP) PAYMENTS  FOR  STUDENTS  AT  THE  STATE
UNIVERSITY OF NEW YORK AT BUFFALO USING THE APPLICABLE TUITION RATES FOR
STUDENTS  AT THE STATE UNIVERSITY OF NEW YORK AT BUFFALO AS THE BASE TAP
AMOUNT FOR SUCH STUDENTS.

S. 3143                             4

  E. A PORTION OF THE NET  TUITION  REVENUE  GENERATED  BY  THE  TUITION
INCREASES  DESCRIBED  IN  CLAUSE  A OF THIS SUBPARAGRAPH, TO BE NOT LESS
THAN TEN PERCENT NOR MORE THAN TWENTY PERCENT OF SUCH NET TUITION REVEN-
UE,  SHALL  BE  DIRECTED   TO   FINANCIAL   AID   PROGRAMS   TO   ASSIST
FINANCIALLY-DISADVANTAGED STUDENTS IN THE CORRESPONDING STATE UNIVERSITY
OF NEW YORK AT BUFFALO DEGREE GRANTING PROGRAM.
  F.  THE PRESIDENT OF THE STATE UNIVERSITY OF NEW YORK AT BUFFALO SHALL
PROVIDE, NO LATER THAN SEPTEMBER FIFTEENTH, PUBLIC NOTICE OF ANY TUITION
INCREASES FOR THE FOLLOWING ACADEMIC YEAR. SUCH  NOTICE  SHALL  DESCRIBE
THE  TUITION  FOR  EACH DEGREE PROGRAM, THE PLANS FOR UTILIZATION OF THE
REVENUE FROM THE INCREASED TUITION BY THE STATE UNIVERSITY OF  NEW  YORK
AT  BUFFALO  AND  THE  PROJECTED  IMPACT OF THE TUITION INCREASES ON THE
ACCESS TO AND QUALITY OF THE AFFECTED DEGREE GRANTING PROGRAMS.
  G. ALL MONEYS RECEIVED BY THE STATE UNIVERSITY OF NEW YORK AT  BUFFALO
FOR  TUITION  INCREASES DESCRIBED IN CLAUSE A OF THIS SUBPARAGRAPH SHALL
NOT CONSTITUTE FUNDS OF THE STATE OF NEW YORK OR OF THE STATE UNIVERSITY
OF NEW YORK AND SHALL BE PAID INTO A FUND MAINTAINED BY THE  COMPTROLLER
OF  THE  STATE UNIVERSITY OF NEW YORK AT BUFFALO TO BE USED BY THE STATE
UNIVERSITY OF NEW YORK AT BUFFALO FOR EXPENSES OF THE  STATE  UNIVERSITY
OF  NEW  YORK  AT  BUFFALO,  WITHOUT  THE NEED FOR ANY FURTHER APPROVAL,
APPROPRIATION OR AUTHORIZATION FROM THE STATE OF NEW YORK OR  THE  STATE
UNIVERSITY OF NEW YORK.
  S  2.  Paragraph  (b)  of  subdivision 2 of section 1676 of the public
authorities law is amended by adding two new undesignated paragraphs  to
read as follows:
  THE  STATE  UNIVERSITY  OF NEW YORK AT BUFFALO, IN CONNECTION WITH THE
FINANCING, REFINANCING, ACQUISITION, DESIGN, DEVELOPMENT,  CONSTRUCTION,
RECONSTRUCTION,   RENOVATION,  REHABILITATION,  IMPROVEMENT,  EXPANSION,
FURNISHING AND EQUIPPING OF, OR OTHERWISE PROVIDING FOR ACADEMIC  BUILD-
INGS,  DORMITORIES,  AND  OTHER FACILITIES ON LANDS HELD BY THE STATE OF
NEW YORK FOR THE BENEFIT OF THE STATE UNIVERSITY OF NEW YORK AT  BUFFALO
OR  LANDS LEASED BY THE STATE OF NEW YORK OR THE STATE UNIVERSITY OF NEW
YORK AT BUFFALO FOR USE BY STUDENTS, FACULTY  AND  STAFF  OF  THE  STATE
UNIVERSITY OF NEW YORK AT BUFFALO.
  ANY STATE UNIVERSITY OF NEW YORK AT BUFFALO CAMPUS-RELATED FOUNDATION,
ALUMNI  ASSOCIATION OR AFFILIATE THEREOF, ANY NOT-FOR-PROFIT CORPORATION
OR ASSOCIATION ORGANIZED BY THE PRESIDENT OR THE  ALUMNI  OF  THE  STATE
UNIVERSITY OF NEW YORK AT BUFFALO TO FURTHER ITS PURPOSES, OR ANY LIMIT-
ED LIABILITY COMPANY WHOSE SOLE MEMBER IS ANY ONE OF THE FOREGOING ENTI-
TIES,  IN  CONNECTION  WITH  THE  FINANCING,  REFINANCING,  ACQUISITION,
DESIGN, DEVELOPMENT, CONSTRUCTION, RECONSTRUCTION, RENOVATION, REHABILI-
TATION, IMPROVEMENT, EXPANSION, FURNISHING AND EQUIPPING OF,  OR  OTHER-
WISE  PROVIDING  FOR, ACADEMIC BUILDINGS, DORMITORIES, AND OTHER FACILI-
TIES FOR THE USE OF STUDENTS, FACULTY AND STAFF OF THE STATE  UNIVERSITY
OF NEW YORK AT BUFFALO.
  S  3.  Subdivision  1 of section 1680 of the public authorities law is
amended by adding two new undesignated paragraphs to read as follows:
  THE STATE UNIVERSITY OF NEW YORK AT BUFFALO, IN  CONNECTION  WITH  THE
FINANCING,  REFINANCING, ACQUISITION, DESIGN, DEVELOPMENT, CONSTRUCTION,
RECONSTRUCTION,  RENOVATION,  REHABILITATION,  IMPROVEMENT,   EXPANSION,
FURNISHING AND EQUIPPING OF, OR OTHERWISE PROVIDING FOR, ACADEMIC BUILD-
INGS,  DORMITORIES,  AND  OTHER FACILITIES ON LANDS HELD BY THE STATE OF
NEW YORK FOR THE BENEFIT OF THE STATE UNIVERSITY OF NEW YORK AT  BUFFALO
OR  LANDS LEASED BY THE STATE OF NEW YORK OR THE STATE UNIVERSITY OF NEW
YORK AT BUFFALO FOR USE BY STUDENTS, FACULTY  AND  STAFF  OF  THE  STATE
UNIVERSITY OF NEW YORK AT BUFFALO.

S. 3143                             5

  ANY STATE UNIVERSITY OF NEW YORK AT BUFFALO CAMPUS-RELATED FOUNDATION,
ALUMNI  ASSOCIATION OR AFFILIATE THEREOF, ANY NOT-FOR-PROFIT CORPORATION
OR ASSOCIATION ORGANIZED BY THE PRESIDENT OF THE STATE UNIVERSITY OF NEW
YORK AT BUFFALO TO FURTHER ITS PURPOSES, OR ANY LIMITED LIABILITY COMPA-
NY WHOSE SOLE MEMBER IS ANY ONE OF THE FOREGOING ENTITIES, IN CONNECTION
WITH  THE  FINANCING,  REFINANCING,  ACQUISITION,  DESIGN,  DEVELOPMENT,
CONSTRUCTION, RECONSTRUCTION, RENOVATION,  REHABILITATION,  IMPROVEMENT,
EXPANSION,  FURNISHING  AND  EQUIPPING  OF,  OR OTHERWISE PROVIDING FOR,
ACADEMIC BUILDINGS, DORMITORIES, AND OTHER FACILITIES  FOR  THE  USE  OF
STUDENTS,  FACULTY  AND  STAFF  OF  THE  STATE UNIVERSITY OF NEW YORK AT
BUFFALO.
  S 4. Any contracts awarded or entered into by the dormitory  authority
pursuant  to this act shall be deemed state contracts within the meaning
of that term as set forth in article 15-A of the executive law; and  the
authority  shall  be deemed, for the purposes of this act, a contracting
agency as that term is used in article 15-A of the executive law.
  S 5. Any contracts awarded or entered into by any State University  of
New  York  at  Buffalo  campus related foundation, alumni association or
affiliate thereof, any not-for-profit corporation or association  organ-
ized  by the president of the State University of New York at Buffalo to
further its purposes, or any limited liability company whose sole member
is any of the foregoing entities, or by  the  State  University  of  New
York, the State University Construction Fund, or the Dormitory Authority
of  the State of New York, on behalf of the State University of New York
at Buffalo,  for  construction,  reconstruction,  renovation,  rehabili-
tation,  improvement or expansion at the State University of New York at
Buffalo shall not be subject to section 101  of  the  general  municipal
law,  section 103 of the general municipal law, section 135 of the state
finance law or subdivision 8  of  section  376  of  the  education  law,
provided  the  wages paid to workers employed under such contracts shall
comply with the requirements of  section  220  of  the  labor  law,  the
construction, reconstruction, renovation, rehabilitation, improvement or
expansion to be effected under such contracts shall comply with sections
240  and  241 of the labor law and all contracts awarded or entered into
by any State University of New York at Buffalo  campus  related  founda-
tion, alumni association or affiliate thereof; any not-for-profit corpo-
ration or association organized by the president of the State University
of New York at Buffalo to further its purposes, or any limited liability
company whose sole member is any of the foregoing entities, or the State
University  of  New  York,  the  State University Construction Fund, the
Dormitory Authority of the State of New York, on  behalf  of  the  State
University  of  New  York  at Buffalo, for construction, reconstruction,
renovation,  rehabilitation,  improvement  or  expansion  at  the  State
University  of  New York at Buffalo may be let pursuant to a competitive
selection process to be determined by the contracting entity, which  may
consider factors other than cost alone, including, but not limited to an
evaluation  by  the  contracting  entity  of,  among  other  things, the
bidder's ability to provide maximum value at the lowest cost, the  level
of experience of the bidder, and the bidder's ability to meet the minor-
ity  and  women  workforce  and  business enterprise goals for the State
University of New York at Buffalo's UB 2020 initiative.
  S 6. Any contracts awarded or entered into by any State University  of
New  York  at  Buffalo  campus related foundation, alumni association or
affiliate thereof, any not-for-profit corporation or association  organ-
ized  by the president of the State University of New York at Buffalo to
further its purposes, or any limited liability company whose sole member

S. 3143                             6

is any of the foregoing entities, or by  the  State  University  of  New
York, the State University Construction Fund, or the Dormitory Authority
of  the State of New York, on behalf of the State University of New York
at  Buffalo,  for  construction,  reconstruction,  renovation, rehabili-
tation, improvement or expansion at the State University of New York  at
Buffalo,  for  any  single construction project exceeding $20 million 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 of New York, such construction,
reconstruction, renovation, rehabilitation, improvement or expansion  at
the State University of New York at Buffalo shall be undertaken pursuant
to a project labor agreement, as defined in subdivision 1 of section 222
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 perti-
nent local history thereof. For purposes of applying the dollar  thresh-
olds  set forth in the preceding sentence, the term "single construction
project" shall mean any functionally-interdependent construction, recon-
struction, renovation, rehabilitation, improvement or expansion activity
associated with a single building, structure or  improvement,  including
all directly related infrastructure and site work in contemplation ther-
eof.
  S  7.  Before  any  contract  is  awarded or entered into by any State
University of New York at  Buffalo  campus  related  foundation,  alumni
association  or  affiliate  thereof,  any  not-for-profit corporation or
association organized by the president of the State  University  of  New
York at Buffalo to further its purposes, or any limited liability compa-
ny  whose  sole member is any of the foregoing entities, or by the State
University of New York, the State University Construction Fund,  or  the
Dormitory  Authority  of  the  State of New York, on behalf of the State
University of New York at  Buffalo,  for  construction,  reconstruction,
renovation,  rehabilitation,  improvement  or  expansion  at  the  State
University of New York at Buffalo, the State University of New  York  at
Buffalo shall create or cause to be created a diversity plan for UB 2020
capital  projects  and  shall  take or cause to be taken steps to ensure
that such diversity plan is successfully implemented on  a  program-wide
basis.   The UB 2020 diversity plan shall include, at a minimum, targets
for workforce diversity, targets for retention  of  minority  and  women
owned businesses, retention of an independent monitor by or on behalf of
the  State  University  of  New  York at Buffalo for all UB 2020 capital
projects and regular review of periodic reports  from  such  independent
monthly  monitor  as  to  the  attainment of the work force and business
diversity goals of the UB 2020 diversity plan.
  S 8. Section 891-a of the general municipal law is amended by adding a
new subdivision 3 to read as follows:
  3. IN ADDITION TO THE POWERS AND DUTIES NOW OR HEREAFTER CONFERRED  BY
TITLE  ONE  OF  ARTICLE  EIGHTEEN-A OF THIS CHAPTER, NOTWITHSTANDING ANY
OTHER STATE OR LOCAL LAW TO THE CONTRARY,  THE  AGENCY  SHALL  HAVE  THE
POWER  TO  PROVIDE  FINANCIAL ASSISTANCE, INCLUDING, BUT NOT LIMITED TO,
THE ISSUANCE OF BONDS AND NOTES BY THE AGENCY, IN CONJUNCTION  WITH  THE
FINANCING,  REFINANCING, ACQUISITION, DESIGN, DEVELOPMENT, CONSTRUCTION,
RECONSTRUCTION,  RENOVATION,  REHABILITATION,  IMPROVEMENT,   EXPANSION,
FURNISHING AND EQUIPPING OF, OR OTHERWISE PROVIDING FOR, ACADEMIC BUILD-
INGS,  DORMITORIES AND OTHER FACILITIES FOR USE BY STUDENTS, FACULTY AND

S. 3143                             7

STAFF OF THE STATE UNIVERSITY OF NEW YORK AT BUFFALO BY OR ON BEHALF  OF
ANY  STATE  UNIVERSITY OF NEW YORK AT BUFFALO CAMPUS RELATED FOUNDATION,
ALUMNI ASSOCIATION OR AFFILIATE THEREOF, ANY NOT-FOR-PROFIT  CORPORATION
OR ASSOCIATION ORGANIZED BY THE PRESIDENT OF THE STATE UNIVERSITY OF NEW
YORK AT BUFFALO TO FURTHER ITS PURPOSES, OR ANY LIMITED LIABILITY COMPA-
NY WHOSE SOLE MEMBER IS ANY OF THE FOREGOING ENTITIES.
  S  9.  The opening paragraph of section 914-a of the general municipal
law, as added by chapter 579 of the laws of 1973, is designated subdivi-
sion 1 and a new subdivision 2 is added to read as follows:
  2. IN ADDITION TO THE POWERS AND DUTIES NOW OR HEREAFTER CONFERRED  BY
TITLE  ONE  OF  ARTICLE  EIGHTEEN-A OF THIS CHAPTER, NOTWITHSTANDING ANY
OTHER STATE OR LOCAL LAW TO THE CONTRARY,  THE  AGENCY  SHALL  HAVE  THE
POWER  TO  PROVIDE  FINANCIAL ASSISTANCE, INCLUDING, BUT NOT LIMITED TO,
THE ISSUANCE OF BONDS AND NOTES BY THE AGENCY, IN CONJUNCTION  WITH  THE
FINANCING,  REFINANCING, ACQUISITION, DESIGN, DEVELOPMENT, CONSTRUCTION,
RECONSTRUCTION,  RENOVATION,  REHABILITATION,  IMPROVEMENT,   EXPANSION,
FURNISHING AND EQUIPPING OF, OR OTHERWISE PROVIDING FOR, ACADEMIC BUILD-
INGS,  DORMITORIES AND OTHER FACILITIES FOR USE BY STUDENTS, FACULTY AND
STAFF OF THE STATE UNIVERSITY OF NEW YORK AT BUFFALO BY OR ON BEHALF  OF
ANY  STATE  UNIVERSITY OF NEW YORK AT BUFFALO CAMPUS RELATED FOUNDATION,
ALUMNI ASSOCIATION OR AFFILIATE THEREOF, ANY NOT-FOR-PROFIT  CORPORATION
OR ASSOCIATION ORGANIZED BY THE PRESIDENT OF THE STATE UNIVERSITY OF NEW
YORK AT BUFFALO TO FURTHER ITS PURPOSES, OR ANY LIMITED LIABILITY COMPA-
NY WHOSE SOLE MEMBER IS ANY OF THE FOREGOING ENTITIES.
  S  10. Subdivision 12 of section 373 of the education law, as added by
chapter 251 of the laws of 1962, is amended to read as follows:
  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  ANY  OTHER LAW TO THE CONTRARY, ALL SUCH FUND
PROCUREMENTS ON BEHALF OF THE STATE UNIVERSITY OF NEW  YORK  AT  BUFFALO
SHALL  BE  SUBJECT  ONLY  TO  PROCUREMENT  GUIDELINES  THAT ARE ANNUALLY
ADOPTED BY THE FUND TRUSTEES, WHICH SHALL SUBSTANTIALLY CONFORM  TO  THE
PROVISIONS OF TITLE FOUR OF ARTICLE NINE OF THE PUBLIC AUTHORITIES LAW;
  S  11.  Section  373  of  the education law is amended by adding a new
subdivision 20 to read as follows:
  20. TO  DESIGN,  CONSTRUCT,  ACQUIRE,  RECONSTRUCT,  REHABILITATE  AND
IMPROVE  ACADEMIC BUILDINGS, DORMITORIES AND OTHER FACILITIES FOR USE BY
STUDENTS, FACULTY AND STAFF OF THE  STATE  UNIVERSITY  OF  NEW  YORK  AT
BUFFALO USING ANY PROJECT DELIVERY 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.
  S  12.  Subdivisions  9 and 10 of section 376 of the education law are
renumbered subdivisions 10 and 11 and a new subdivision 9  is  added  to
read as follows:
  9.  ALL CONTRACTS WHICH ARE TO BE AWARDED PURSUANT TO THIS SUBDIVISION
ON BEHALF OF THE STATE UNIVERSITY  OF  NEW  YORK  AT  BUFFALO  SHALL  BE
AWARDED  PURSUANT TO PROCUREMENT GUIDELINES ADOPTED BY THE FUND TRUSTEES
IN ACCORDANCE WITH SECTION FIVE OF PART A OF THE CHAPTER OF THE LAWS  OF
TWO  THOUSAND ELEVEN THAT ADDED THIS SUBDIVISION OR BY PUBLIC LETTING IN
ACCORDANCE WITH THE FOLLOWING PROVISIONS, NOTWITHSTANDING  ANY  CONTRARY
PROVISION  OF  SECTION  ONE HUNDRED TWELVE, ONE HUNDRED THIRTY-FIVE, ONE
HUNDRED THIRTY-SIX, ONE HUNDRED THIRTY-NINE OR ONE HUNDRED FORTY OF  THE
STATE  FINANCE  LAW  OR ANY OTHER LAW, PROVIDED, HOWEVER, THAT WHERE THE
ESTIMATED EXPENSE OF ANY CONTRACT WHICH MAY BE AWARDED PURSUANT TO  THIS

S. 3143                             8

SUBDIVISION  IS LESS THAN TWO HUNDRED FIFTY THOUSAND DOLLARS, A PERFORM-
ANCE 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  EMER-
GENCY  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 FUNC-
TION 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 THE 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.  THE  LETTING  AGENCY  SHALL ADVERTISE THE INVITATION TO BID OR THE
REQUEST FOR PROPOSALS IN A NEWSPAPER PUBLISHED IN THE  CITY  OF  BUFFALO
AND  IN  SUCH  OTHER NEWSPAPERS AS WILL BE MOST LIKELY IN ITS OPINION TO
GIVE ADEQUATE NOTICE TO  CONTRACTORS  OF  THE  WORK  REQUIRED  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 NEWSLETTER PUBLISHED PURSU-
ANT  TO  SECTION  ONE HUNDRED FORTY-TWO OF THE ECONOMIC DEVELOPMENT LAW.
THE INVITATION TO BID OR REQUEST FOR PROPOSALS SHALL CONTAIN SUCH INFOR-
MATION AS THE LETTING AGENCY SHALL DEEM APPROPRIATE.
  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.  ANY  CONTRACT AWARDED PURSUANT TO THIS SUBDIVISION SHALL CONTAIN A
CLAUSE THAT THE CONTRACT SHALL BE DEEMED EXECUTORY TO THE EXTENT OF  THE
MONEYS  AVAILABLE  AND  THAT  NO LIABILITY SHALL BE INCURRED BY THE FUND
BEYOND THE MONEYS AVAILABLE THEREFOR.
  E. THE LETTING AGENCY SHALL REQUIRE SUCH DEPOSITS, BONDS AND  SECURITY
IN  CONNECTION WITH THE SUBMISSION OF BIDS OR REQUEST FOR PROPOSALS, THE
AWARD OF CONTRACTS AND THE PERFORMANCE OF WORK AS IT SHALL DETERMINE  TO
BE IN THE PUBLIC INTEREST AND FOR THE PROTECTION OF THE STATE, THE STATE
UNIVERSITY, THE FUND AND THE LETTING AGENCY.
  F.  NOTWITHSTANDING  THE  PROVISIONS OF ANY OTHER LAW TO THE CONTRARY,
ALL  CONTRACTS  FOR  PUBLIC  WORK  AWARDED  BY  THE   STATE   UNIVERSITY
CONSTRUCTION  FUND  PURSUANT  TO THIS SUBDIVISION SHALL BE IN ACCORDANCE
WITH SECTION ONE HUNDRED THIRTY-NINE-F OF THE STATE FINANCE LAW.
  S 13. The president of the State University of  New  York  at  Buffalo
shall  report  every  January  first  to the governor, and the temporary
president of the senate and the speaker of the assembly  on  the  effec-
tiveness  of  the reforms enacted in this legislation. Specifically, the

S. 3143                             9

report shall address, the University at Buffalo's progress in  competing
with the top academic research institutions; the impact of the Universi-
ty at Buffalo's efforts to increase the well being of western New York's
economy  including  efforts  to  rebuild  the  downtown city of Buffalo,
progress in increasing with local vendors, especially women and minority
owned businesses; whether the minority and women workforce and  business
enterprise  goals  set forth in the UB 2020 diversity plan were attained
during the preceding year  and  the  impact  of  tuition  increases  and
efforts to ensure affordable access for economically deprived students.
  S 14. This act shall take effect immediately.

                                 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.  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,  AND, WITH RESPECT TO ANY PROPERTY
UTILIZED BY OR COMPRISING ANY PART OF THE CAMPUSES OF THE STATE  UNIVER-
SITY  OF NEW YORK AT BUFFALO, TO DISPOSE OF SUCH PROPERTY IN SUCH MANNER
AND UPON SUCH TERMS AS THE TRUSTEES SHALL DETERMINE. THE TRUSTEES  SHALL
ALLOW AND REGULATE THE USE OF SUCH PROPERTY FOR OTHER THAN THE CORPORATE
PURPOSES  OF  THE  STATE  UNIVERSITY  OF NEW YORK AT BUFFALO, BY PERMIT,
LEASE, LICENSE OR OTHER AGREEMENT, FOR PERIODS NOT TO EXCEED TEN  YEARS,
AND  PRESCRIBE  THE  FEES, IF ANY, THAT PERSONS, ASSOCIATIONS AND CORPO-
RATIONS ALLOWED THE USE OF SUCH PROPERTY SHALL PAY.   The  trustees  may
acquire  property  for such purposes by purchase, appropriation or lease
and by the acceptance of gifts, grants, bequests and devises, and, with-
in appropriations made therefor, may equip  and  furnish  buildings  and
otherwise  improve property owned, used or occupied by the state univer-
sity or any institution therein.  THE TRUSTEES MAY ACQUIRE PROPERTY  FOR
OR  ON  BEHALF  OF  THE  STATE  UNIVERSITY OF NEW YORK AT BUFFALO 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.  THE PROVISIONS OF
SECTIONS THREE, THIRTY-A, AND  THIRTY-THREE  OF  THE  PUBLIC  LANDS  LAW
NOTWITHSTANDING,  THE TRUSTEES MAY PROVIDE FOR THE SALE, LEASE, TRANSFER
OR CONVEYANCE OF STATE-OWNED REAL PROPERTY UNDER THE JURISDICTION OF THE
STATE UNIVERSITY COMPRISING ANY  PART  OF  THE  CAMPUSES  OF  THE  STATE
UNIVERSITY  OF NEW YORK AT BUFFALO IN SUCH MANNER AND UPON SUCH TERMS AS
THE TRUSTEES SHALL DETERMINE. THE FOREGOING NOTWITHSTANDING,  THE  TRUS-
TEES  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  OF NEW YORK AT BUFFALO, UNLESS THE
SUBJECT PROJECT IS IN CONFLICT WITH THE MISSION OF THE STATE  UNIVERSITY
OF NEW YORK AT BUFFALO, 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

S. 3143                            10

FACILITIES,  AND  FOR  THE  PURPOSE  OF  MAXIMIZING  THE  USE OF NATURAL
RESOURCES; PROVIDED, HOWEVER, THE PRESIDENT OF THE STATE  UNIVERSITY  OF
NEW YORK AT BUFFALO SHALL PROVIDE NOTICE OF ANY SUCH LEASE TO THE CHAIRS
OF  THE SENATE FINANCE COMMITTEE AND THE ASSEMBLY WAYS AND MEANS COMMIT-
TEE AND TO THE DIRECTOR OF THE BUDGET AT  LEAST  THIRTY  DAYS  PRIOR  TO
EXECUTING  SUCH LEASE. 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 OF NEW YORK  AT  BUFFALO  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 COMPRISING ANY PART OF THE CAMPUSES OF THE STATE UNIVERSI-
TY  OF NEW YORK AT BUFFALO OR OF PERSONAL PROPERTY UNDER THE CUSTODY AND
CONTROL OF THE STATE UNIVERSITY OF NEW YORK AT BUFFALO SHALL BE RETAINED
BY THE STATE UNIVERSITY OF NEW YORK AT BUFFALO AND SHALL BE USED BY  THE
STATE  UNIVERSITY  OF  NEW  YORK  AT  BUFFALO  FOR EXPENSES OF THE STATE
UNIVERSITY OF NEW YORK AT BUFFALO.
  S 2. Paragraph s 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:
  s.  To  lease  or  make available to the state university construction
fund, the dormitory authority or other public benefit  corporation,  the
New  York  state  teachers'  retirement  system [or], the New York state
employees' retirement system OR, IN THE CASE OF STATE-OWNED REAL PROPER-
TY COMPRISING ANY PART OF THE CAMPUSES OF THE STATE  UNIVERSITY  OF  NEW
YORK  AT  BUFFALO,  ANY OTHER PUBLIC OR PRIVATE FOR-PROFIT OR NON-PROFIT
ENTITY, INCLUDING, BUT NOT LIMITED TO, A LOCAL  DEVELOPMENT  CORPORATION
ORGANIZED  UNDER  SECTION  ONE  THOUSAND  FOUR  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  or  statutory  or  contract  college  for the construction,
acquisition, reconstruction, rehabilitation or improvement  of  academic
buildings,  dormitories  or other facilities thereon pursuant to article
eight-A of this  chapter  and  for  the  purpose  of  facilitating  such
construction,  acquisition,  reconstruction,  rehabilitation or improve-
ment, to enter into leases and  agreements  for  the  use  of  any  such
academic  building,  dormitory  or other facility in accordance with the
provisions of section  three  hundred  seventy-eight  of  this  chapter;
provided,  however,  that  nothing  herein  contained  shall  affect the
provisions of any lease or agreement heretofore executed  by  the  state
university  with  the dormitory authority. The state university trustees
may also enter into agreements with the  state  university  construction
fund,  the  dormitory authority or other public benefit corporation, the
New York state teachers' retirement system  [or],  the  New  York  state
employees'  retirement system AND, IN THE CASE OF STATE-OWNED REAL PROP-
ERTY COMPRISING ANY PART OF THE CAMPUSES OF THE STATE UNIVERSITY OF  NEW
YORK AT BUFFALO, WITH ANY OTHER PUBLIC OR PRIVATE FOR-PROFIT OR NON-PRO-
FIT  ENTITY,  INCLUDING,  BUT  NOT LIMITED TO A LOCAL DEVELOPMENT CORPO-
RATION ORGANIZED UNDER SECTION ONE THOUSAND FOUR HUNDRED ELEVEN  OF  THE
NOT-FOR-PROFIT  CORPORATION  LAW  OR  AN  INDUSTRIAL  DEVELOPMENT AGENCY
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

S. 3143                            11

them.  Any such academic building, dormitory or other facility shall not
be subject to taxation for any purpose.
  S  3.  Subdivision 2 of section 355 of the education law is amended by
adding a new paragraph y to read as follows:
  Y.  IN CONNECTION WITH PUBLIC-PRIVATE PARTNERSHIPS IN SUPPORT  OF  THE
CORPORATE  PURPOSES  OF  THE  STATE  UNIVERSITY  OF NEW YORK AT BUFFALO,
INCLUDING, WITHOUT LIMITATION, THE  STATE  UNIVERSITY  OF  NEW  YORK  AT
BUFFALO'S  UB  2020  INITIATIVE, TO PARTICIPATE IN JOINT AND COOPERATIVE
ARRANGEMENTS WITH PUBLIC, NON-PROFIT AND BUSINESS ENTITIES AS  PARTNERS,
JOINT  VENTURERS, MEMBERS OF NON-PROFIT CORPORATIONS, MEMBERS OF LIMITED
LIABILITY COMPANIES AND SHAREHOLDERS OF BUSINESS CORPORATIONS. THE STATE
UNIVERSITY'S PARTICIPATION ON BEHALF OF THE STATE UNIVERSITY OF NEW YORK
AT BUFFALO 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 ARTICLE FOURTEEN OF THE
CIVIL SERVICE LAW. NOTWITHSTANDING ANY INCONSISTENT PROVISION IN SECTION
EIGHT OF THE COURT OF CLAIMS ACT, THE STATE UNIVERSITY 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  ASSOCIATION.   NOTHING
CONTAINED  IN THE PUBLIC OFFICERS LAW OR IN ANY OTHER LAW, RULE OR REGU-
LATION, SHALL BE CONSTRUED OR APPLIED TO PROHIBIT  STATE  UNIVERSITY  OF
NEW  YORK  AT BUFFALO OFFICERS AND EMPLOYEES FROM ENGAGING IN ACTIVITIES
FOR WHICH NO COMPENSATION IS PAID AS DESIGNEES OF THE  STATE  UNIVERSITY
OF  NEW  YORK  AT  BUFFALO IN CONNECTION WITH SUCH JOINT AND COOPERATIVE
ARRANGEMENTS, INCLUDING SERVING AS DESIGNEES OF THE STATE UNIVERSITY  AS
MEMBERS,  SHAREHOLDERS  OR  AS  DIRECTORS  ON  BOARDS OR OTHER GOVERNING
BODIES OF CORPORATIONS OR OTHER ENTITIES.
  S 4. This act shall take effect immediately.

                                 PART C

  Section 1. Section 355 of the education law is amended by  adding  two
new subdivisions 20 and 21 to read as follows:
  20.  NOTWITHSTANDING  THE PROVISIONS OF SUBDIVISION TWO OF SECTION ONE
HUNDRED TWELVE AND SECTIONS ONE HUNDRED FIFTEEN, ONE  HUNDRED  SIXTY-ONE
AND  ONE HUNDRED SIXTY-THREE 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 ON BEHALF OF OR WITH RESPECT TO THE  STATE  UNIVERSITY  OF
NEW YORK AT BUFFALO TO:
  A.  (I) PURCHASE MATERIALS, EQUIPMENT AND SUPPLIES, INCLUDING COMPUTER
EQUIPMENT AND MOTOR  VEHICLES,  (II)  EXECUTE  CONTRACTS  FOR  SERVICES,
PERMITS,  LICENSES,  LEASES,  CONTRACTS FOR THE PURCHASE OR SALE OF REAL
PROPERTY, AND CONSTRUCTION CONTRACTS, AND (III) CONTRACT  FOR  PRINTING,
WITHOUT  PRIOR  APPROVAL BY ANY OTHER STATE OFFICER OR AGENCY IN ACCORD-
ANCE WITH GUIDELINES, RULES OR  REGULATIONS  PROMULGATED  BY  THE  STATE
UNIVERSITY  BOARD OF TRUSTEES. GUIDELINES, RULES, OR REGULATIONS PROMUL-
GATED 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, INCLUD-
ING CONSIDERATION OF PRICES  AVAILABLE  THROUGH  OTHER  STATE  AGENCIES,

S. 3143                            12

CONSISTENT  WITH  QUALITY  REQUIREMENTS,  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.    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
DOLLARS,  IN  ACCORDANCE  WITH SUCH GUIDELINES AS SHALL BE PRESCRIBED BY
THE STATE UNIVERSITY TRUSTEES.
  C. ESTABLISH GUIDELINES  IN  CONSULTATION  WITH  THE  COMMISSIONER  OF
GENERAL  SERVICES  AUTHORIZING  PARTICIPATION BY THE STATE UNIVERSITY OF
NEW YORK AT BUFFALO 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 OF NEW YORK AT BUFFALO NECESSARY TO ENABLE THE STATE  UNIVER-
SITY OF NEW YORK AT BUFFALO TO PARTICIPATE IN THESE PROGRAMS.
  21. 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 OF NEW YORK AT BUFFALO
WITHOUT PRIOR REVIEW OR APPROVAL BY ANY STATE OFFICER OR AGENCY  INCLUD-
ING  ENERGY  PERFORMANCE  CONTRACTS  (AS DEFINED IN SECTION 9-102 OF THE
ENERGY LAW), ENERGY PROCUREMENT OR SUPPLY CONTRACTS, CONTRACTS OR AGREE-
MENTS WITH NON-PROFIT CORPORATIONS  ORGANIZED  BY  OFFICERS,  EMPLOYEES,
ALUMNI  OR  STUDENTS  OF THE STATE UNIVERSITY OF NEW YORK AT BUFFALO FOR
THE FURTHERANCE OF ITS OBJECTS AND PURPOSES, AS  WELL  AS  CONTRACTS  OR
AGREEMENTS  WITH  ANY STATE UNIVERSITY OF NEW YORK AT BUFFALO CAMPUS-RE-
LATED FOUNDATION, ALUMNI ASSOCIATION OR AFFILIATE THEREOF, ANY  NON-PRO-
FIT  CORPORATION  OR ASSOCIATION ORGANIZED BY THE PRESIDENT OF THE STATE
UNIVERSITY OF NEW YORK AT BUFFALO TO FURTHER ITS PURPOSES OR ANY LIMITED
LIABILITY COMPANY, WHOSE SOLE MEMBER IS ANY OF  THE  FOREGOING  ENTITIES
FOR  THE FURTHERANCE OF THE OBJECTS AND PURPOSES OF THE STATE UNIVERSITY
OF NEW YORK AT BUFFALO, INCLUDING, WITHOUT LIMITATION, THE STATE UNIVER-
SITY OF NEW YORK AT BUFFALO'S UB 2020 INITIATIVE.   CONTRACTS OR  AGREE-
MENTS  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 AVAILABLE THEREFOR AT THE TIME THE
LIABILITY FOR PAYMENT ARISES.
  S 2. 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 AND THE STATE UNIVERSITY OF NEW YORK ACTING  ON  BEHALF
OF OR WITH RESPECT TO THE STATE UNIVERSITY OF NEW YORK AT BUFFALO, 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, when-
ever such contract exceeds eighty-five thousand dollars  in  amount,  it
shall  first  be  approved  by  the  comptroller and filed in his or her

S. 3143                            13

office, provided, however, that the comptroller shall make a final writ-
ten determination with respect to approval of such contract within nine-
ty days of the submission of such contract to his or her  office  unless
the  comptroller shall notify, in writing, the state agency, department,
board, officer, commission, or institution, prior to the  expiration  of
the  ninety day period, and for good cause, of the need for an extension
of not more than fifteen days, or a reasonable period of time agreed  to
by  such state agency, department, board, officer, commission, or insti-
tution and provided, further, that such written determination or  exten-
sion  shall be made part of the procurement record pursuant to paragraph
f of subdivision one of section one hundred sixty-three of this chapter.
  (b) Whenever any liability of any nature shall be incurred by  or  for
any  state  department, board, officer, commission, or institution OTHER
THAN THE STATE UNIVERSITY OF NEW  YORK  ACTING  ON  BEHALF  OF  OR  WITH
RESPECT TO THE STATE UNIVERSITY OF NEW YORK AT BUFFALO, 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 STATE UNIVERSI-
TY OF NEW YORK ACTING ON BEHALF OF OR WITH RESPECT TO THE STATE  UNIVER-
SITY  OF  NEW  YORK AT BUFFALO agrees to give a consideration other than
the payment of money, when the value or reasonably  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  3.  Paragraph  a  of  subdivision  1  of section 139-j of the state
finance law, as added by chapter 4 of the laws of 2010,  is  amended  to
read as follows:
  a.  "Governmental  entity"  shall  mean:  (1)  any  department, board,
bureau, commission, division, office, council, committee or  officer  of
the  state, whether permanent or temporary, OTHER THAN THE STATE UNIVER-
SITY OF NEW YORK ACTING ON BEHALF  OF  OR  WITH  RESPECT  TO  THE  STATE
UNIVERSITY  OF NEW YORK AT BUFFALO; (2) each house of the state legisla-
ture; (3) the unified court system; (4)  any  public  authority,  public
benefit corporation or commission created by or existing pursuant to the
public  authorities  law;  (5)  any  public  authority or public benefit
corporation, at least one of whose members is appointed by the  governor
or  who  serves  as  a member by virtue of holding a civil office of the
state; (6) a municipal agency, as that term is defined in paragraph (ii)
of subdivision (s) of section one-c of the legislative  law;  or  (7)  a
subsidiary or affiliate of such a public authority.
  S  4.  Paragraph  a  of  subdivision  1  of section 139-k of the state
finance law, as added by chapter 4 of the laws of 2010,  is  amended  to
read as follows:
  a.  "Governmental  entity"  shall  mean:  (1)  any  department, board,
bureau, commission, division, office, council, committee or  officer  of
the  state, whether permanent or temporary, OTHER THAN THE STATE UNIVER-
SITY OF NEW YORK ACTING ON BEHALF  OF  OR  WITH  RESPECT  TO  THE  STATE
UNIVERSITY  OF NEW YORK AT BUFFALO; (2) each house of the state legisla-
ture; (3) the unified court system; (4)  any  public  authority,  public
benefit corporation or commission created by or existing pursuant to the
public  authorities law; (5) a public authority or public benefit corpo-
ration, at least one of whose members is appointed by  the  governor  or
who serves as a member by virtue of holding a civil office of the state;
(6)  municipal  agency,  as  that  term  is defined in paragraph (ii) of

S. 3143                            14

subdivision (s) of section one-c  of  the  legislative  law;  or  (7)  a
subsidiary or affiliate of such a public authority.
  S 5.  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
STATE UNIVERSITY OF NEW YORK AT BUFFALO, 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  STATE
UNIVERSITY  OF  NEW  YORK AT BUFFALO SHALL NOT BE USED DIRECTLY OR INDI-
RECTLY BY A FOR-PROFIT CORPORATION  OR  OTHER  FOR-PROFIT  ENTITY  WHICH
CONTRACTS WITH THE NON-PROFIT CORPORATION, NOR SHALL SUCH COMMODITIES SO
PURCHASED BY SUCH NON-PROFIT CORPORATION BE OFFERED FOR RESALE.
  S 6.  Paragraph e of subdivision 4 of section 163 of the state finance
law, as amended by chapter 95 of the laws of 2000, is amended to read as
follows:
  [e.  Any officer, body or agency of a political subdivision as defined
in section one hundred of the general municipal law or a district there-
in, may make  purchases  of  services  through  the  office  of  general
services'  centralized contracts for services, subject to the provisions
of section one hundred four of the general municipal  law.  The  commis-
sioner  may  permit  and  prescribe  the  conditions for the purchase of
services through the office of general services'  centralized  contracts
for  services  by  any public authority or public benefit corporation of
the state including the port authority of New York and New  Jersey.  The
commissioner  is  authorized  to  permit any public library, association
library, library  system,  cooperative  library  system,  the  New  York
Library  Association,  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' centralized contracts; provided,  however,  that  such
entity so empowered shall accept sole responsibility for any payment due
with respect to such purchase.]
  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 AND ANY  NON-PROFIT  CORPORATION  ORGANIZED  IN  FURTHERANCE  OF  THE
OBJECTS AND PURPOSES OF THE STATE UNIVERSITY OF NEW YORK AT BUFFALO, MAY
MAKE  PURCHASES  OF  SERVICES  THROUGH  THE  OFFICE OF GENERAL SERVICES'
CENTRALIZED CONTRACTS FOR SERVICES, SUBJECT, IN THE CASE OF  SUCH  POLI-
TICAL SUBDIVISIONS, TO THE PROVISIONS OF SECTION ONE HUNDRED FOUR OF THE
GENERAL  MUNICIPAL  LAW;  PROVIDED,  HOWEVER,  THAT  IN  THE CASE OF ANY

S. 3143                            15

NON-PROFIT CORPORATION ORGANIZED  IN  FURTHERANCE  OF  THE  OBJECTS  AND
PURPOSES OF THE STATE UNIVERSITY OF NEW YORK AT BUFFALO, IT SHALL ACCEPT
SOLE  RESPONSIBILITY  FOR  ANY PAYMENT DUE WITH RESPECT TO SUCH PURCHASE
AND  PROVIDED, FURTHER THAT SERVICES SO PURCHASED BY ANY SUCH NON-PROFIT
CORPORATION SHALL NOT BE USED DIRECTLY OR  INDIRECTLY  BY  A  FOR-PROFIT
CORPORATION OR OTHER FOR-PROFIT ENTITY WHICH CONTRACTS WITH THE NON-PRO-
FIT  ORGANIZATION.  THE COMMISSIONER MAY PERMIT AND PRESCRIBE THE CONDI-
TIONS 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 STATE UNIVERSITY  OF  NEW
YORK  AT  BUFFALO.   THE COMMISSIONER IS AUTHORIZED TO PERMIT ANY PUBLIC
LIBRARY,  ASSOCIATION  LIBRARY,  LIBRARY  SYSTEM,  COOPERATIVE   LIBRARY
SYSTEM, THE NEW YORK LIBRARY ASSOCIATION, AND THE NEW YORK STATE ASSOCI-
ATION  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' CENTRALIZED CONTRACTS; PROVIDED, HOWEV-
ER, THAT SUCH ENTITY SO EMPOWERED SHALL ACCEPT SOLE  RESPONSIBILITY  FOR
ANY PAYMENT DUE WITH RESPECT TO SUCH PURCHASE.
  S 7. Paragraph b of subdivision 10 of section 163 of the state finance
law is amended by adding a new subparagraph (iii) to read as follows:
  (III)  THE  PROVISIONS OF SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH
SHALL NOT APPLY TO SINGLE OR SOLE SOURCE PROCUREMENTS  FOR  SERVICES  OR
COMMODITIES  BY  THE STATE UNIVERSITY OF NEW YORK ACTING ON BEHALF OF OR
WITH RESPECT TO THE STATE UNIVERSITY  OF  NEW  YORK  AT  BUFFALO,  WHICH
SINGLE OR SOLE SOURCE PROCUREMENTS SHALL BE MADE IN ACCORDANCE WITH SUCH
RULES  AND GUIDELINES AS MAY BE PROMULGATED BY THE TRUSTEES OF THE STATE
UNIVERSITY OF NEW YORK.
  S 8. Paragraph (e) of subdivision 1 of section 5-a of the tax law,  as
amended  by  section  1  of part L of chapter 62 of the laws of 2006, is
amended to read as follows:
  (e) "Covered agency" means a "state agency" for  purposes  of  article
eleven  of  the  state finance law, the legislature, the judiciary, or a
public authority or public benefit corporation at  least  one  of  whose
members  is  appointed by the governor; PROVIDED, HOWEVER, THAT THE TERM
"COVERED AGENCY" SHALL NOT INCLUDE THE  STATE  UNIVERSITY  OF  NEW  YORK
ACTING  ON BEHALF OF OR WITH RESPECT TO THE STATE UNIVERSITY OF NEW YORK
AT BUFFALO.
  S 9. This act shall take effect immediately; provided,  however,  that
the amendments to section 139-j of the state finance law made by section
three  of this act, the amendments to section 139-k of the state finance
law made by section four of this act, and the amendments to section  163
of  the  state finance law made by sections five, six, and seven of this
act shall not affect the repeal of such sections and shall expire and be
deemed repealed therewith.

                                 PART D

  Section 1. Subdivision 8 of section  355  of  the  education  law,  as
amended  by  chapter  553  of  the  laws  of 1985, is amended to read as
follows:
  8. All moneys received by the state university  of  New  York  and  by
state-operated  institutions thereof from appropriations, tuition, fees,
user charges, sales of products and services and from all other sources,
including sources and activities  of  the  state  university  which  are

S. 3143                            16

intended  by law to be self-supporting may be credited to an appropriate
fund or funds to be designated by the state comptroller. The amounts  so
paid  into  such  fund  or funds which were received by or for the state
university  shall be used for expenses of the state university in carry-
ing out any of its objects and purposes and such amounts received by  or
for  state-operated  institutions  of the state university shall be used
for expenses of the state university under regulations prescribed by the
state university trustees.   NOTWITHSTANDING THE FOREGOING,  ALL  MONEYS
RECEIVED  BY  THE  STATE UNIVERSITY OF NEW YORK AT BUFFALO FROM TUITION,
FEES, USER CHARGES, SALES OF PRODUCTS AND SERVICES, SAVINGS UNDER ENERGY
PERFORMANCE, PROCUREMENT OR SUPPLY CONTRACTS AND FROM SOURCES AND ACTIV-
ITIES OF THE STATE UNIVERSITY OF NEW YORK AT BUFFALO WHICH ARE  INTENDED
BY  LAW  TO BE SELF-SUPPORTING MAY BE CREDITED TO AN APPROPRIATE FUND OR
FUNDS HELD BY THE STATE UNIVERSITY OF NEW YORK AT BUFFALO.  THE  AMOUNTS
SO  PAID INTO SUCH FUND OR FUNDS WHICH WERE RECEIVED BY OR FOR THE STATE
UNIVERSITY OF NEW YORK AT BUFFALO SHALL BE  USED  FOR  EXPENSES  OF  THE
STATE  UNIVERSITY  OF  NEW  YORK  AT  BUFFALO IN CARRYING OUT ANY OF ITS
OBJECTS AND PURPOSES, INCLUDING, THE STATE UNIVERSITY  OF  NEW  YORK  AT
BUFFALO'S UB 2020 INITIATIVE.
  S  2.  Section  4  of the state finance law is amended by adding a new
subdivision 11 to read as follows:
  11. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION,  MONEYS  HELD  BY
THE STATE UNIVERSITY OF NEW YORK DERIVED FROM TUITION, FEES, USER CHARG-
ES,  SALES  OF  PRODUCTS AND SERVICES, SAVINGS UNDER ENERGY PERFORMANCE,
PROCUREMENT OR SUPPLY CONTRACTS AND SOURCES AND ACTIVITIES OF THE  STATE
UNIVERSITY  OF NEW YORK AT BUFFALO THAT ARE INTENDED TO BE SELF-SUPPORT-
ING SHALL BE PAID WITHOUT AN APPROPRIATION.
  S 3. Subdivision 2 of section 121 of the state finance law, as amended
by chapter 293 of the laws of 1992, is amended to read as follows:
  2. There are excepted from payment to  the  treasury  as  provided  by
subdivision  one of this section: (i) all moneys to which the provisions
of subdivision four of section four of this chapter  apply  unless  such
moneys  are held in a fund subject to appropriation; (ii) moneys held as
part of the principal of an endowment of the  state  university  of  New
York,  units  thereof and other state agencies; (III) MONEYS RECEIVED BY
THE STATE UNIVERSITY OF NEW YORK DERIVED FROM TUITION, FEES, USER CHARG-
ES, SALES OF PRODUCTS AND SERVICES, SAVINGS  UNDER  ENERGY  PERFORMANCE,
PROCUREMENT  OR  SUPPLY CONTRACTS AND FROM SOURCES AND ACTIVITIES OF THE
STATE UNIVERSITY OF  NEW  YORK  AT  BUFFALO  THAT  ARE  INTENDED  TO  BE
SELF-SUPPORTING,  INCLUDING,  WITHOUT  LIMITATION, ANY REVENUE RESULTING
FROM TUITION INCREASES AT THE STATE UNIVERSITY OF NEW  YORK  AT  BUFFALO
DESCRIBED IN CLAUSE A OF SUBPARAGRAPH FOUR OF PARAGRAPH H OF SUBDIVISION
TWO  OF  SECTION  THREE  HUNDRED  FIFTY-FIVE  OF  THE EDUCATION LAW; and
[(iii)] (IV) moneys received pursuant to a clinical practice plan estab-
lished pursuant to subdivision fourteen of section two  hundred  six  of
the  public health law. In those cases where such moneys are held in the
custody of the state officer other than  the  comptroller,  the  officer
shall  file with the comptroller, at such times as the comptroller shall
determine, a detailed statement, in such form and content as  the  comp-
troller  shall  prescribe,  for the period covered by the statement. The
comptroller shall from time to time, but not less  than  once  in  every
three  years,  examine  the  books  and accounts relating to such moneys
heretofore or hereinafter established, including its receipts, disburse-
ments, investments, and any financial matters. An independent  audit  of
such  moneys  may  be  authorized  by the comptroller in lieu of his own

S. 3143                            17

examination, which examination shall be undertaken within twelve  months
of such authorization.
  S 4. This act shall take effect immediately.

                                 PART E

  Section  1.  Paragraph i 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:
  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, EXCEPT IN THE CASE OF LANDS OCCU-
PIED BY THE STATE UNIVERSITY OF  NEW  YORK  AT  BUFFALO,  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 2. This act shall take effect immediately.
  S 4. 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  5.  This  act shall take effect immediately provided, however, that
the applicable effective date of Parts A through E of this act shall  be
as specifically set forth in the last section of such Parts.

Co-Sponsors

S3143A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A5799
Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §§355, 373 & 376, Ed L; amd §§1676 & 1680, Pub Auth L; amd §§891-a & 914-a, Gen Muni L; amd §§112, 139-j, 139-k, 163, 4 & 121, St Fin L; amd §5-a, Tax L
Versions Introduced in 2009-2010 Legislative Session:
S2020C

S3143A (ACTIVE) - Bill Texts

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Relates to tuition increases, leasing, contracting, and the overall daily operation at the State University of New York at Buffalo.

view sponsor memo
BILL NUMBER:S3143A REVISED 03/01/11

TITLE OF BILL:

An act
to amend the education law, the public authorities law and the general
municipal law, in relation to authorizing tuition increases for the
State University of New York at Buffalo (Part A); to amend the education
law, in relation to the use of State University of New York at Buffalo
property (Part B); to amend the education law, the state finance law
and the tax law, in relation to the ability of the state university
trustees to purchase items and enter into contracts and agreements (Part
C); to amend the education law and the state finance law, in relation
to the distribution of money received from various sources related to
the State University of New York at Buffalo (Part D); and to amend the
education law, in relation to providing that certain lease of the State
University of New York at Buffalo need not be submitted to the attorney
general for his or her approval (Part E)

SUMMARY OF SPECIFIC PROVISIONS:

PART A-TUITION, CAPITAL PROJECT AND CONSTRUCTION DELIVERY FLEXIBILITY

Section 1 modifies the New York State Education Law to allow the
University at Buffalo to establish starting with the 2011-2012
academic year differential tuition rates on a program by program,
class-year by class-year basis for undergraduate and graduate degree
granting programs, subject to an overall limitation based upon
indexed averages from other peer institutions and a semester
undergraduate limit of $375 and annual graduate limit of 15%. This
measure provides that the monies raised from any tuition increases
will be used exclusively for financial aid programs at the University
at Buffalo (this revenue would be used to provide financial aid to
ensure that no family making less than $60,000 a year would feel the
effect of the tuition increase) and for other University at Buffalo
related programs.

Sections 2 through 4 amend the Public Authorities Law to provide
maximum flexibility to the University at Buffalo for future capital
projects on its three campuses by allowing capital project financing
to proceed through campus-related nonprofit organizations, which
would be allowed to procure financing through the Dormitory Authority
of the State of New York.

Section 5 amends the General Municipal Law, the Finance Law and the
Education Law to exclude contracts for construction or renovation at
the University at Buffalo from certain multiple contractor and
bidding requirements, provided that wages paid to contractors
employed in conjunction with such construction or renovations shall
be at prevailing wage rates in accordance with the Labor Law, that
such construction or renovation complies with certain safety
precautions set forth in the Labor Law and
that a competitive selection process is employed in selecting
contractors to perform such construction or renovation.


Section 6 provides for certain construction or renovation projects at
the University at Buffalo to be undertaken pursuant to project labor
agreements, provided a study determines that a project labor
agreement will benefit such construction or renovation.

Section 7 provides for the creation and implementation of a diversity
plan for the University at Buffalo's UB 2020 initiative and for
periodic reporting regarding such diversity plan.

Sections 8 through 10 amend the General Municipal Law to allow future
capital projects on the three campuses of the University at Buffalo to
proceed through campus-related nonprofit organizations, through local
industrial development agencies.

Sections 11 and 12 amend the Education Law to increase the flexibility
afforded to the University at Buffalo for future capital projects by
allowing the University to utilize alternative, more cost
advantageous construction delivery models, including design/build,
and construction manager at risk, which are presently not allowed
under existing state law.

Section 13 requires the President of the University at Buffalo to
report annually to the Governor and the Legislature on the
effectiveness of these reforms.

PART B - LAND DISPOSITION FLEXIBILITY

Section 1 and 2 amend the Education Law to provide the University at
Buffalo with more flexibility to lease, acquire and dispose of land,
under the auspices of the SUNY Trustees, so as to maximize
educational and commercial development opportunities associated with
the UB's 2020 initiative.

Section 3 amends the Education Law to permit participation by the
University at Buffalo in public-private partnership arrangements with
public, nonprofit and business entities to further the objectives of
the University at Buffalo, including UB's 2020 initiative.

PART C - PROCUREMENT REFORM

Part C amends the Education Law, the State Finance Law and the Tax Law
to permit the University at Buffalo to purchase goods and services
without prior state agency approval.

Sections 1 through 4 and 8 are designed to provide greater autonomy to
the University at Buffalo in procuring goods and services, by
replacing State Comptroller procurement guidelines with guidelines
put forth by the SUNY Trustees and by exempting University at Buffalo
contracts from prior State Comptroller approval. Such transactions
would remain subject to post-audit review by the Comptroller.

Sections 5 and 6 are designed to allow SUNY-affiliated nonprofit
corporations to take advantage of centralized state purchasing.

Section 7 permits SUNY to establish rules for sole-source procurements
of goods and services, in lieu of state-mandated sole-source


procurement policies, in recognition of the unique nature of goods
and services procured by SUNY educational institutions.

PART D-RETENTION OF UNIVERSITY AT BUFFALO GENERATED FUNDS

Part D amends the Education Law and the State Finance Law to ensure
that revenue from University at Buffalo sponsored initiatives,
including all revenue generated through UB's 2020 initiative, remains
at the University at Buffalo to be used exclusively for University at
Buffalo programs.

PART E- ALUMNI ASSOCIATION LEASES

Part E amends the Education Law to conform the existing power of the
SUNY Trustees to lease University at Buffalo lands to its alumni
association with the procurement reforms set forth in Part C of the
proposed legislation.

JUSTIFICATION:

Under the current economic climate, New York State must develop a
globally competitive, diversified economy. As New York's leading
public research university, the provisions detailed in this
legislation will transform the University at Buffalo into a model
twenty-first century public university. This transformation will
reinvigorate the Western New York region, spur the local economy and
improve the quality of life of its residents.

PRIOR LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect immediately.

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

                                 3143--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 9, 2011
                               ___________

Introduced by Sens. GRISANTI, MAZIARZ, GALLIVAN, RANZENHOFER, KENNEDY --
  read  twice  and  ordered printed, and when printed to be committed to
  the Committee  on  Higher  Education  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the education law, the public authorities  law  and  the
  general  municipal  law,  in relation to authorizing tuition increases
  for the State University of New York at Buffalo (Part A); to amend the
  education law, in relation to the use of State University of New  York
  at  Buffalo  property  (Part B); to amend the education law, the state
  finance law and the tax law, in relation to the ability of  the  state
  university  trustees  to  purchase  items and enter into contracts and
  agreements (Part C); to amend the education law and the state  finance
  law,  in  relation  to the distribution of money received from various
  sources related to the State University of New York at  Buffalo  (Part
  D);  and  to  amend  the  education law, in relation to providing that
  certain lease of the State University of New York at Buffalo need  not
  be submitted to the attorney general for his or her approval (Part E)

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "UB 2020 flexibility and economic growth act".
  S  2.  Legislative  findings and intent.   The State University of New
York at Buffalo ranks as one of the foremost  research  academic  insti-
tutions in New York, and has the potential to become a regional economic
engine.  The  University's UB 2020 initiative, through which it seeks to
increase enrollment, expand its research capabilities and revitalize its
campuses, can serve as the catalyst for re-energizing  the  western  New
York economy and workforce development.
  In  light of the current condition of the western New York economy and
the State University of New York at  Buffalo's  desire  to  enhance  its

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06328-06-1

S. 3143--A                          2

academic research capabilities, the University is the ideal candidate to
pilot  a  number  of  reforms  recently  proposed  by the New York State
commission on higher education. These proposals will require  the  state
of New York to maintain its current level of financial commitment to the
State University of New York at Buffalo.
  Finally,   the  legislature  intends  to  monitor  the  University  at
Buffalo's implementation of these reforms, their impact in  western  New
York,  and  their  potential  for broader application.   This monitoring
shall include the efforts by and on behalf of the University at  Buffalo
to ensure a diverse workforce on UB 2020 capital projects.
  S  3.  This  act enacts into law major components of legislation which
are necessary for the efficient and productive operation  of  the  State
University  of  New  York at Buffalo. Each component is wholly contained
within a Part identified as Parts A through E.  The  effective  date  or
dates  for  each particular provision contained within such Part are 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 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.

                                 PART A

  Section 1. 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]  EXCEPT AS HEREINAFTER PROVIDED WITH RESPECT TO STUDENTS AT
THE STATE UNIVERSITY OF NEW YORK AT  BUFFALO,  THE  trustees  shall  not
impose  a  differential  tuition charge based upon need or income. [All]
EXCEPT AS HEREINAFTER PROVIDED WITH RESPECT TO  STUDENTS  AT  THE  STATE
UNIVERSITY  OF  NEW  YORK  AT BUFFALO, 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 differ-
ential  tuition  rates  based on state residency.  EXCEPT AS HEREINAFTER
PROVIDED WITH RESPECT TO STUDENTS AT THE STATE UNIVERSITY OF NEW YORK AT
BUFFALO, THE TRUSTEES SHALL NOT ADOPT CHANGES AFFECTING TUITION  CHARGES
PRIOR TO THE ENACTMENT OF THE ANNUAL BUDGET. Provided, however, that the
trustees  may authorize the presidents of the colleges of technology and
the colleges of agriculture and technology to  set  differing  rates  of
tuition  for each of the colleges for students enrolled in degree-grant-
ing programs leading 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  undergraduate  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.]
  S  1-a.  Paragraph  h of subdivision 2 of section 355 of the education
law is amended by adding a new subparagraph 4-a to read as follows:
  (4-A) A. COMMENCING WITH THE TWO THOUSAND ELEVEN--TWO THOUSAND  TWELVE
ACADEMIC  YEAR,  THE  PRESIDENT  OF  THE STATE UNIVERSITY OF NEW YORK AT
BUFFALO, WITH APPROVAL FROM THE TRUSTEES, IS AUTHORIZED TO SET DIFFERING
RATES OF TUITION BY PROGRAM AND, WITHIN EACH PROGRAM, BY CLASS YEAR, FOR
STUDENTS ENROLLED IN DEGREE GRANTING PROGRAMS AT THE STATE UNIVERSITY OF
NEW YORK AT BUFFALO AS SET FORTH IN THIS CLAUSE.   TUITION FOR  STUDENTS
ENROLLED  IN  ANY  PARTICULAR UNDERGRADUATE AND GRADUATE DEGREE GRANTING

S. 3143--A                          3

PROGRAM AT THE STATE  UNIVERSITY  OF  NEW  YORK  AT  BUFFALO,  INCLUDING
IN-STATE,  OUT-OF-STATE,  FULL-TIME  AND PART-TIME STUDENTS, AND TUITION
FOR STUDENTS ENROLLED IN  PROFESSIONAL  DEGREE  PROGRAMS  AT  THE  STATE
UNIVERSITY OF NEW YORK AT BUFFALO, INCLUDING, BUT NOT LIMITED TO, DOCTOR
OF  MEDICINE, DOCTOR OF DENTISTRY, DOCTOR OF NURSING PRACTICE, DOCTOR OF
PHYSICAL THERAPY, JURIS DOCTOR, DOCTOR OF PHARMACY AND MASTERS IN  BUSI-
NESS  ADMINISTRATION,  MAY BE INCREASED EACH YEAR TO THE PUBLIC INSTITU-
TION MEAN TUITION AMONG PUBLIC MEMBER INSTITUTIONS OF THE ASSOCIATION OF
AMERICAN UNIVERSITIES FOR EACH SUCH PROGRAM, UP TO A  MAXIMUM  OF  THREE
HUNDRED SEVENTY-FIVE DOLLARS PER SEMESTER FOR GRADUATE AND UNDERGRADUATE
PROGRAM  TUITION  AND FIFTEEN PERCENT PER ACADEMIC YEAR FOR PROFESSIONAL
DEGREE PROGRAMS, WITH THE GOAL OF KEEPING TUITION AT THE STATE UNIVERSI-
TY OF NEW YORK AT BUFFALO ON PAR WITH ITS PEER AAU INSTITUTIONS.
  B. THE STATE OF NEW YORK AND THE STATE UNIVERSITY OF  NEW  YORK  SHALL
DISREGARD  ANY TUITION INCREASES FOR STUDENTS AT THE STATE UNIVERSITY OF
NEW YORK AT BUFFALO PURSUANT TO CLAUSE A OF THIS SUBPARAGRAPH IN  DETER-
MINING  ANY  ANNUAL CORE INSTRUCTIONAL SUPPORT OR OTHER ANNUAL APPROPRI-
ATIONS TO BE PROVIDED TO EITHER THE STATE UNIVERSITY OF NEW YORK OR  THE
STATE  UNIVERSITY  OF  NEW  YORK AT BUFFALO. IN AMPLIFICATION AND NOT IN
LIMITATION OF THE FOREGOING, NEITHER THE STATE OF NEW YORK NOR THE STATE
UNIVERSITY OF NEW YORK  SHALL  PROVIDE  ANY  INCREASES  TO  ANNUAL  CORE
STATE-TAX  FUNDED INSTRUCTIONAL SUPPORT, EMPLOYEE SALARY OR FRINGE BENE-
FIT PAYMENTS OR OTHER ANNUAL APPROPRIATIONS OF ANY KIND OR NATURE TO  OR
ON BEHALF OF ANY OTHER SUNY UNIVERSITY CENTER (I.E., STATE UNIVERSITY OF
NEW YORK AT STONY BROOK, STATE UNIVERSITY OF NEW YORK AT ALBANY OR STATE
UNIVERSITY OF NEW YORK AT BINGHAMTON) OR ANY SUNY FOUR YEAR COLLEGE AT A
LEVEL, THAT IS, IN ANY WAY, INCONSISTENT WITH OR INFERIOR TO THE FUNDING
METHODS  EMPLOYED FOR INCREASES IN ANNUAL CORE STATE-TAX FUNDED INSTRUC-
TIONAL SUPPORT, EMPLOYEE SALARY OR  FRINGE  BENEFIT  PAYMENTS  OR  OTHER
APPROPRIATIONS  OF  ANY KIND OR NATURE MADE TO OR ON BEHALF OF THE STATE
UNIVERSITY OF NEW YORK AT BUFFALO.  FURTHERMORE, UNTIL SUCH TIME AS  THE
PROGRAM  OBJECTIVES  OF THE STATE UNIVERSITY OF NEW YORK AT BUFFALO'S UB
2020 INITIATIVE ARE ACHIEVED, NEITHER THE STATE  OF  NEW  YORK  NOR  THE
STATE  UNIVERSITY  OF  NEW YORK WILL REDUCE ANNUAL CORE STATE-TAX FUNDED
INSTRUCTIONAL SUPPORT, EMPLOYEE SALARY OR  FRINGE  BENEFIT  PAYMENTS  OR
OTHER  APPROPRIATIONS  OF ANY KIND OR NATURE MADE TO OR ON BEHALF OF THE
STATE UNIVERSITY OF NEW YORK AT BUFFALO SO AS TO CAUSE THE PROPORTIONATE
LEVEL OF SUPPORT, PAYMENTS AND APPROPRIATIONS FOR ANY OTHER SUNY UNIVER-
SITY CENTER (I.E., STATE UNIVERSITY OF NEW YORK AT  STONY  BROOK,  STATE
UNIVERSITY  OF  NEW  YORK  AT  ALBANY OR STATE UNIVERSITY OF NEW YORK AT
BINGHAMTON) OR ANY SUNY FOUR YEAR COLLEGE TO BE GREATER  THAN  LEVEL  OF
SUCH  SUPPORT, PAYMENTS AND APPROPRIATIONS AFFORDED THE STATE UNIVERSITY
OF NEW YORK AT BUFFALO IN COMPARISON TO SUCH OTHER INSTITUTIONS FOR  THE
TWO THOUSAND EIGHT--TWO THOUSAND NINE STATE FISCAL YEAR.
  C. NOTWITHSTANDING ITEM (C) OF SUBCLAUSE ONE OF CLAUSE (A) OF SUBPARA-
GRAPH  (I)  OF  PARAGRAPH  A OF SUBDIVISION THREE OF SECTION SIX HUNDRED
SIXTY-SEVEN OF THIS TITLE, COMMENCING WITH THE TWO THOUSAND  ELEVEN--TWO
THOUSAND  TWELVE  ACADEMIC  YEAR,  THE STATE OF NEW YORK SHALL CALCULATE
TUITION ASSISTANCE PROGRAM (TAP) PAYMENTS  FOR  STUDENTS  AT  THE  STATE
UNIVERSITY OF NEW YORK AT BUFFALO USING THE APPLICABLE TUITION RATES FOR
STUDENTS  AT THE STATE UNIVERSITY OF NEW YORK AT BUFFALO AS THE BASE TAP
AMOUNT FOR SUCH STUDENTS.
  D. A PORTION OF THE NET  TUITION  REVENUE  GENERATED  BY  THE  TUITION
INCREASES DESCRIBED IN CLAUSE A OF THIS SUBPARAGRAPH TO BE NOT LESS THAN
FIFTEEN  PERCENT  (15%)  NOR  MORE THAN TWENTY PERCENT (20%) OF SUCH NET
TUITION REVENUE, SHALL BE DIRECTED TO FINANCIAL AID PROGRAMS  TO  ASSIST

S. 3143--A                          4

FINANCIALLY-DISADVANTAGED  IN-STATE  STUDENTS IN THE CORRESPONDING STATE
UNIVERSITY OF NEW YORK AT BUFFALO DEGREE GRANTING PROGRAM, WITH THE GOAL
OF INSURING THAT ALL IN-STATE STUDENTS WHOSE TWO THOUSAND ELEVEN  HOUSE-
HOLD INCOME IS SIXTY THOUSAND DOLLARS OR LESS PAY NO MORE FOR TUITION AT
THE  STATE  UNIVERSITY OF NEW YORK AT BUFFALO THAN SUCH IN-STATE STUDENT
PAID OR WOULD HAVE PAID FOR TUITION IN THE TWO THOUSAND  TEN--TWO  THOU-
SAND ELEVEN ACADEMIC YEAR.
  E.  THE PRESIDENT OF THE STATE UNIVERSITY OF NEW YORK AT BUFFALO SHALL
PROVIDE, NO LATER THAN SEPTEMBER FIFTEENTH, PUBLIC NOTICE OF ANY TUITION
INCREASES FOR THE FOLLOWING ACADEMIC YEAR. SUCH  NOTICE  SHALL  DESCRIBE
THE  TUITION  FOR  EACH DEGREE PROGRAM, THE PLANS FOR UTILIZATION OF THE
REVENUE FROM THE INCREASED TUITION BY THE STATE UNIVERSITY OF  NEW  YORK
AT  BUFFALO  AND  THE  PROJECTED  IMPACT OF THE TUITION INCREASES ON THE
ACCESS TO AND QUALITY OF THE AFFECTED DEGREE GRANTING PROGRAMS.
  F. ALL MONEYS RECEIVED BY THE STATE UNIVERSITY OF NEW YORK AT  BUFFALO
FOR  TUITION, FEES AND OTHER SOURCES AND ACTIVITIES OF THE STATE UNIVER-
SITY THAT ARE INTENDED TO BE SELF-SUPPORTING SHALL NOT CONSTITUTE  FUNDS
OF  THE  STATE  OF  NEW  YORK OR OF THE STATE UNIVERSITY OF NEW YORK AND
SHALL BE PAID INTO A FUND MAINTAINED BY THE  COMPTROLLER  OF  THE  STATE
UNIVERSITY  OF NEW YORK AT BUFFALO TO BE USED BY THE STATE UNIVERSITY OF
NEW YORK AT BUFFALO FOR EXPENSES OF THE STATE UNIVERSITY OF NEW YORK  AT
BUFFALO,  WITHOUT  THE  NEED  FOR ANY FURTHER APPROVAL, APPROPRIATION OR
AUTHORIZATION FROM THE STATE OF NEW YORK OR THE STATE UNIVERSITY OF  NEW
YORK.
  S  2.  Paragraph  (b)  of  subdivision 2 of section 1676 of the public
authorities law is amended by adding two new undesignated paragraphs  to
read as follows:
  THE  STATE  UNIVERSITY  OF NEW YORK AT BUFFALO, IN CONNECTION WITH THE
FINANCING, REFINANCING, ACQUISITION, DESIGN, DEVELOPMENT,  CONSTRUCTION,
RECONSTRUCTION,   RENOVATION,  REHABILITATION,  IMPROVEMENT,  EXPANSION,
FURNISHING AND EQUIPPING OF, OR OTHERWISE PROVIDING FOR ACADEMIC  BUILD-
INGS,  DORMITORIES,  AND  OTHER FACILITIES ON LANDS HELD BY THE STATE OF
NEW YORK FOR THE BENEFIT OF THE STATE UNIVERSITY OF NEW YORK AT  BUFFALO
OR  LANDS LEASED BY THE STATE OF NEW YORK OR THE STATE UNIVERSITY OF NEW
YORK AT BUFFALO FOR USE BY STUDENTS, FACULTY  AND  STAFF  OF  THE  STATE
UNIVERSITY OF NEW YORK AT BUFFALO.
  ANY STATE UNIVERSITY OF NEW YORK AT BUFFALO CAMPUS-RELATED FOUNDATION,
ALUMNI  ASSOCIATION OR AFFILIATE THEREOF, ANY NOT-FOR-PROFIT CORPORATION
OR ASSOCIATION ORGANIZED BY THE PRESIDENT OR THE  ALUMNI  OF  THE  STATE
UNIVERSITY OF NEW YORK AT BUFFALO TO FURTHER ITS PURPOSES, OR ANY LIMIT-
ED LIABILITY COMPANY WHOSE SOLE MEMBER IS ANY ONE OF THE FOREGOING ENTI-
TIES,  IN  CONNECTION  WITH  THE  FINANCING,  REFINANCING,  ACQUISITION,
DESIGN, DEVELOPMENT, CONSTRUCTION, RECONSTRUCTION, RENOVATION, REHABILI-
TATION, IMPROVEMENT, EXPANSION, FURNISHING AND EQUIPPING OF,  OR  OTHER-
WISE  PROVIDING  FOR, ACADEMIC BUILDINGS, DORMITORIES, AND OTHER FACILI-
TIES FOR THE USE OF STUDENTS, FACULTY AND STAFF OF THE STATE  UNIVERSITY
OF NEW YORK AT BUFFALO.
  S  3.  Subdivision  1 of section 1680 of the public authorities law is
amended by adding two new undesignated paragraphs to read as follows:
  THE STATE UNIVERSITY OF NEW YORK AT BUFFALO, IN  CONNECTION  WITH  THE
FINANCING,  REFINANCING, ACQUISITION, DESIGN, DEVELOPMENT, CONSTRUCTION,
RECONSTRUCTION,  RENOVATION,  REHABILITATION,  IMPROVEMENT,   EXPANSION,
FURNISHING AND EQUIPPING OF, OR OTHERWISE PROVIDING FOR, ACADEMIC BUILD-
INGS,  DORMITORIES,  AND  OTHER FACILITIES ON LANDS HELD BY THE STATE OF
NEW YORK FOR THE BENEFIT OF THE STATE UNIVERSITY OF NEW YORK AT  BUFFALO
OR  LANDS LEASED BY THE STATE OF NEW YORK OR THE STATE UNIVERSITY OF NEW

S. 3143--A                          5

YORK AT BUFFALO FOR USE BY STUDENTS, FACULTY  AND  STAFF  OF  THE  STATE
UNIVERSITY OF NEW YORK AT BUFFALO.
  ANY STATE UNIVERSITY OF NEW YORK AT BUFFALO CAMPUS-RELATED FOUNDATION,
ALUMNI  ASSOCIATION OR AFFILIATE THEREOF, ANY NOT-FOR-PROFIT CORPORATION
OR ASSOCIATION ORGANIZED BY THE PRESIDENT OF THE STATE UNIVERSITY OF NEW
YORK AT BUFFALO TO FURTHER ITS PURPOSES, OR ANY LIMITED LIABILITY COMPA-
NY WHOSE SOLE MEMBER IS ANY ONE OF THE FOREGOING ENTITIES, IN CONNECTION
WITH  THE  FINANCING,  REFINANCING,  ACQUISITION,  DESIGN,  DEVELOPMENT,
CONSTRUCTION,  RECONSTRUCTION,  RENOVATION, REHABILITATION, IMPROVEMENT,
EXPANSION, FURNISHING AND EQUIPPING  OF,  OR  OTHERWISE  PROVIDING  FOR,
ACADEMIC  BUILDINGS,  DORMITORIES,  AND  OTHER FACILITIES FOR THE USE OF
STUDENTS, FACULTY AND STAFF OF THE  STATE  UNIVERSITY  OF  NEW  YORK  AT
BUFFALO.
  S  4. Any contracts awarded or entered into by the dormitory authority
pursuant to this act shall be deemed state contracts within the  meaning
of  that term as set forth in article 15-A of the executive law; and the
authority shall be deemed, for the purposes of this act,  a  contracting
agency as that term is used in article 15-A of the executive law.
  S  5. Any contracts awarded or entered into by any State University of
New York at Buffalo campus related  foundation,  alumni  association  or
affiliate  thereof, any not-for-profit corporation or association organ-
ized by the president of the State University of New York at Buffalo  to
further its purposes, or any limited liability company whose sole member
is  any  of  the  foregoing  entities, or by the State University of New
York, the State University Construction Fund, or the Dormitory Authority
of the State of New York, on behalf of the State University of New  York
at  Buffalo,  for  construction,  reconstruction,  renovation, rehabili-
tation, improvement or expansion at the State University of New York  at
Buffalo  shall  not  be  subject to section 101 of the general municipal
law, section 103 of the general municipal law, section 135 of the  state
finance  law  or  subdivision  8  of  section  376 of the education law,
provided the wages paid to workers employed under such  contracts  shall
comply  with  the  requirements  of  section  220  of the labor law, the
construction, reconstruction, renovation, rehabilitation, improvement or
expansion to be effected under such contracts shall comply with sections
240 and 241 of the labor law and all contracts awarded or  entered  into
by  any  State  University of New York at Buffalo campus related founda-
tion, alumni association or affiliate thereof; any not-for-profit corpo-
ration or association organized by the president of the State University
of New York at Buffalo to further its purposes, or any limited liability
company whose sole member is any of the foregoing entities, or the State
University of New York, the  State  University  Construction  Fund,  the
Dormitory  Authority  of  the  State of New York, on behalf of the State
University of New York at  Buffalo,  for  construction,  reconstruction,
renovation,  rehabilitation,  improvement  or  expansion  at  the  State
University of New York at Buffalo may be let pursuant to  a  competitive
selection  process to be determined by the contracting entity, which may
consider factors other than cost alone, including, but not limited to an
evaluation by  the  contracting  entity  of,  among  other  things,  the
bidder's  ability to provide maximum value at the lowest cost, the level
of experience of the bidder, and the bidder's ability to meet the minor-
ity and women workforce and business  enterprise  goals  for  the  State
University of New York at Buffalo's UB 2020 initiative.
  S  6. Any contracts awarded or entered into by any State University of
New York at Buffalo campus related  foundation,  alumni  association  or
affiliate  thereof, any not-for-profit corporation or association organ-

S. 3143--A                          6

ized by the president of the State University of New York at Buffalo  to
further its purposes, or any limited liability company whose sole member
is  any  of  the  foregoing  entities, or by the State University of New
York, the State University Construction Fund, or the Dormitory Authority
of  the State of New York, on behalf of the State University of New York
at Buffalo,  for  construction,  reconstruction,  renovation,  rehabili-
tation,  improvement or expansion at the State University of New York at
Buffalo, for any single construction project exceeding  $20  million  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  of  New  York,  such  construction,
reconstruction,  renovation, rehabilitation, improvement or expansion at
the State University of New York at Buffalo shall be undertaken pursuant
to a project labor agreement, as defined in subdivision 1 of section 222
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  perti-
nent  local history thereof. For purposes of applying the dollar thresh-
olds set forth in the preceding sentence, the term "single  construction
project" shall mean any functionally-interdependent construction, recon-
struction, renovation, rehabilitation, improvement or expansion activity
associated  with  a single building, structure or improvement, including
all directly related infrastructure and site work in contemplation ther-
eof.
  S 7. Before any contract is awarded  or  entered  into  by  any  State
University  of  New  York  at  Buffalo campus related foundation, alumni
association or affiliate  thereof,  any  not-for-profit  corporation  or
association  organized  by  the president of the State University of New
York at Buffalo to further its purposes, or any limited liability compa-
ny whose sole member is any of the foregoing entities, or by  the  State
University  of  New York, the State University Construction Fund, or the
Dormitory Authority of the State of New York, on  behalf  of  the  State
University  of  New  York  at Buffalo, for construction, reconstruction,
renovation,  rehabilitation,  improvement  or  expansion  at  the  State
University  of  New York at Buffalo, the State University of New York at
Buffalo shall create or cause to be created a diversity plan for UB 2020
capital projects and shall take or cause to be  taken  steps  to  ensure
that  such  diversity plan is successfully implemented on a program-wide
basis.  The UB 2020 diversity plan shall include, at a minimum,  targets
for  workforce  diversity,  targets  for retention of minority and women
owned businesses, retention of an independent monitor by or on behalf of
the State University of New York at Buffalo  for  all  UB  2020  capital
projects  and  regular  review of periodic reports from such independent
monthly monitor as to the attainment of  the  work  force  and  business
diversity goals of the UB 2020 diversity plan.
  S 8. Section 891-a of the general municipal law is amended by adding a
new subdivision 3 to read as follows:
  3.  IN ADDITION TO THE POWERS AND DUTIES NOW OR HEREAFTER CONFERRED BY
TITLE ONE OF ARTICLE EIGHTEEN-A OF  THIS  CHAPTER,  NOTWITHSTANDING  ANY
OTHER  STATE  OR  LOCAL  LAW  TO THE CONTRARY, THE AGENCY SHALL HAVE THE
POWER TO PROVIDE FINANCIAL ASSISTANCE, INCLUDING, BUT  NOT  LIMITED  TO,
THE  ISSUANCE  OF BONDS AND NOTES BY THE AGENCY, IN CONJUNCTION WITH THE
FINANCING, REFINANCING, ACQUISITION, DESIGN, DEVELOPMENT,  CONSTRUCTION,
RECONSTRUCTION,   RENOVATION,  REHABILITATION,  IMPROVEMENT,  EXPANSION,

S. 3143--A                          7

FURNISHING AND EQUIPPING OF, OR OTHERWISE PROVIDING FOR, ACADEMIC BUILD-
INGS, DORMITORIES AND OTHER FACILITIES FOR USE BY STUDENTS, FACULTY  AND
STAFF  OF THE STATE UNIVERSITY OF NEW YORK AT BUFFALO BY OR ON BEHALF OF
ANY  STATE  UNIVERSITY OF NEW YORK AT BUFFALO CAMPUS RELATED FOUNDATION,
ALUMNI ASSOCIATION OR AFFILIATE THEREOF, ANY NOT-FOR-PROFIT  CORPORATION
OR ASSOCIATION ORGANIZED BY THE PRESIDENT OF THE STATE UNIVERSITY OF NEW
YORK AT BUFFALO TO FURTHER ITS PURPOSES, OR ANY LIMITED LIABILITY COMPA-
NY WHOSE SOLE MEMBER IS ANY OF THE FOREGOING ENTITIES.
  S  9.  The opening paragraph of section 914-a of the general municipal
law, as added by chapter 579 of the laws of 1973, is designated subdivi-
sion 1 and a new subdivision 2 is added to read as follows:
  2. IN ADDITION TO THE POWERS AND DUTIES NOW OR HEREAFTER CONFERRED  BY
TITLE  ONE  OF  ARTICLE  EIGHTEEN-A OF THIS CHAPTER, NOTWITHSTANDING ANY
OTHER STATE OR LOCAL LAW TO THE CONTRARY,  THE  AGENCY  SHALL  HAVE  THE
POWER  TO  PROVIDE  FINANCIAL ASSISTANCE, INCLUDING, BUT NOT LIMITED TO,
THE ISSUANCE OF BONDS AND NOTES BY THE AGENCY, IN CONJUNCTION  WITH  THE
FINANCING,  REFINANCING, ACQUISITION, DESIGN, DEVELOPMENT, CONSTRUCTION,
RECONSTRUCTION,  RENOVATION,  REHABILITATION,  IMPROVEMENT,   EXPANSION,
FURNISHING AND EQUIPPING OF, OR OTHERWISE PROVIDING FOR, ACADEMIC BUILD-
INGS,  DORMITORIES AND OTHER FACILITIES FOR USE BY STUDENTS, FACULTY AND
STAFF OF THE STATE UNIVERSITY OF NEW YORK AT BUFFALO BY OR ON BEHALF  OF
ANY  STATE  UNIVERSITY OF NEW YORK AT BUFFALO CAMPUS RELATED FOUNDATION,
ALUMNI ASSOCIATION OR AFFILIATE THEREOF, ANY NOT-FOR-PROFIT  CORPORATION
OR ASSOCIATION ORGANIZED BY THE PRESIDENT OF THE STATE UNIVERSITY OF NEW
YORK AT BUFFALO TO FURTHER ITS PURPOSES, OR ANY LIMITED LIABILITY COMPA-
NY WHOSE SOLE MEMBER IS ANY OF THE FOREGOING ENTITIES.
  S  10. Subdivision 12 of section 373 of the education law, as added by
chapter 251 of the laws of 1962, is amended to read as follows:
  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  ANY  OTHER LAW TO THE CONTRARY, ALL SUCH FUND
PROCUREMENTS ON BEHALF OF THE STATE UNIVERSITY OF NEW  YORK  AT  BUFFALO
SHALL  BE  SUBJECT  ONLY  TO  PROCUREMENT  GUIDELINES  THAT ARE ANNUALLY
ADOPTED BY THE FUND TRUSTEES, WHICH SHALL SUBSTANTIALLY CONFORM  TO  THE
PROVISIONS OF TITLE FOUR OF ARTICLE NINE OF THE PUBLIC AUTHORITIES LAW;
  S  11.  Section  373  of  the education law is amended by adding a new
subdivision 20 to read as follows:
  20. TO  DESIGN,  CONSTRUCT,  ACQUIRE,  RECONSTRUCT,  REHABILITATE  AND
IMPROVE  ACADEMIC BUILDINGS, DORMITORIES AND OTHER FACILITIES FOR USE BY
STUDENTS, FACULTY AND STAFF OF THE  STATE  UNIVERSITY  OF  NEW  YORK  AT
BUFFALO USING ANY PROJECT DELIVERY 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.
  S  12.  Subdivisions  9 and 10 of section 376 of the education law are
renumbered subdivisions 10 and 11 and a new subdivision 9  is  added  to
read as follows:
  9.  ALL CONTRACTS WHICH ARE TO BE AWARDED PURSUANT TO THIS SUBDIVISION
ON BEHALF OF THE STATE UNIVERSITY  OF  NEW  YORK  AT  BUFFALO  SHALL  BE
AWARDED  PURSUANT TO PROCUREMENT GUIDELINES ADOPTED BY THE FUND TRUSTEES
IN ACCORDANCE WITH SECTION FIVE OF PART A OF THE CHAPTER OF THE LAWS  OF
TWO  THOUSAND ELEVEN THAT ADDED THIS SUBDIVISION OR BY PUBLIC LETTING IN
ACCORDANCE WITH THE FOLLOWING PROVISIONS, NOTWITHSTANDING  ANY  CONTRARY
PROVISION  OF  SECTION  ONE HUNDRED TWELVE, ONE HUNDRED THIRTY-FIVE, ONE
HUNDRED THIRTY-SIX, ONE HUNDRED THIRTY-NINE OR ONE HUNDRED FORTY OF  THE

S. 3143--A                          8

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 PERFORM-
ANCE  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  EMER-
GENCY  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 FUNC-
TION 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 THE 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.  THE  LETTING  AGENCY  SHALL ADVERTISE THE INVITATION TO BID OR THE
REQUEST FOR PROPOSALS IN A NEWSPAPER PUBLISHED IN THE  CITY  OF  BUFFALO
AND  IN  SUCH  OTHER NEWSPAPERS AS WILL BE MOST LIKELY IN ITS OPINION TO
GIVE ADEQUATE NOTICE TO  CONTRACTORS  OF  THE  WORK  REQUIRED  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 NEWSLETTER PUBLISHED PURSU-
ANT  TO  SECTION  ONE HUNDRED FORTY-TWO OF THE ECONOMIC DEVELOPMENT LAW.
THE INVITATION TO BID OR REQUEST FOR PROPOSALS SHALL CONTAIN SUCH INFOR-
MATION AS THE LETTING AGENCY SHALL DEEM APPROPRIATE.
  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.  ANY  CONTRACT AWARDED PURSUANT TO THIS SUBDIVISION SHALL CONTAIN A
CLAUSE THAT THE CONTRACT SHALL BE DEEMED EXECUTORY TO THE EXTENT OF  THE
MONEYS  AVAILABLE  AND  THAT  NO LIABILITY SHALL BE INCURRED BY THE FUND
BEYOND THE MONEYS AVAILABLE THEREFOR.
  E. THE LETTING AGENCY SHALL REQUIRE SUCH DEPOSITS, BONDS AND  SECURITY
IN  CONNECTION WITH THE SUBMISSION OF BIDS OR REQUEST FOR PROPOSALS, THE
AWARD OF CONTRACTS AND THE PERFORMANCE OF WORK AS IT SHALL DETERMINE  TO
BE IN THE PUBLIC INTEREST AND FOR THE PROTECTION OF THE STATE, THE STATE
UNIVERSITY, THE FUND AND THE LETTING AGENCY.
  F.  NOTWITHSTANDING  THE  PROVISIONS OF ANY OTHER LAW TO THE CONTRARY,
ALL  CONTRACTS  FOR  PUBLIC  WORK  AWARDED  BY  THE   STATE   UNIVERSITY
CONSTRUCTION  FUND  PURSUANT  TO THIS SUBDIVISION SHALL BE IN ACCORDANCE
WITH SECTION ONE HUNDRED THIRTY-NINE-F OF THE STATE FINANCE LAW.
  S 13. The president of the State University of  New  York  at  Buffalo
shall  report  every  January  first  to the governor, and the temporary

S. 3143--A                          9

president of the senate and the speaker of the assembly  on  the  effec-
tiveness  of  the reforms enacted in this legislation. Specifically, the
report shall address, the University at Buffalo's progress in  competing
with the top academic research institutions; the impact of the Universi-
ty at Buffalo's efforts to increase the well being of western New York's
economy  including  efforts  to  rebuild  the  downtown city of Buffalo,
progress in increasing with local vendors, especially women and minority
owned businesses; whether the minority and women workforce and  business
enterprise  goals  set forth in the UB 2020 diversity plan were attained
during the preceding year  and  the  impact  of  tuition  increases  and
efforts to ensure affordable access for economically deprived students.
  S 14. This act shall take effect immediately.

                                 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.  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,  AND, WITH RESPECT TO ANY PROPERTY
UTILIZED BY OR COMPRISING ANY PART OF THE CAMPUSES OF THE STATE  UNIVER-
SITY  OF NEW YORK AT BUFFALO, TO DISPOSE OF SUCH PROPERTY IN SUCH MANNER
AND UPON SUCH TERMS AS THE TRUSTEES SHALL DETERMINE. THE TRUSTEES  SHALL
ALLOW AND REGULATE THE USE OF SUCH PROPERTY FOR OTHER THAN THE CORPORATE
PURPOSES  OF  THE  STATE  UNIVERSITY  OF NEW YORK AT BUFFALO, BY PERMIT,
LEASE, LICENSE OR OTHER AGREEMENT, FOR PERIODS NOT TO EXCEED TEN  YEARS,
AND  PRESCRIBE  THE  FEES, IF ANY, THAT PERSONS, ASSOCIATIONS AND CORPO-
RATIONS ALLOWED THE USE OF SUCH PROPERTY SHALL PAY.   The  trustees  may
acquire  property  for such purposes by purchase, appropriation or lease
and by the acceptance of gifts, grants, bequests and devises, and, with-
in appropriations made therefor, may equip  and  furnish  buildings  and
otherwise  improve property owned, used or occupied by the state univer-
sity or any institution therein.  THE TRUSTEES MAY ACQUIRE PROPERTY  FOR
OR  ON  BEHALF  OF  THE  STATE  UNIVERSITY OF NEW YORK AT BUFFALO 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.  THE PROVISIONS OF
SECTIONS THREE, THIRTY-A, AND  THIRTY-THREE  OF  THE  PUBLIC  LANDS  LAW
NOTWITHSTANDING,  THE TRUSTEES MAY PROVIDE FOR THE SALE, LEASE, TRANSFER
OR CONVEYANCE OF STATE-OWNED REAL PROPERTY UNDER THE JURISDICTION OF THE
STATE UNIVERSITY COMPRISING ANY  PART  OF  THE  CAMPUSES  OF  THE  STATE
UNIVERSITY  OF NEW YORK AT BUFFALO IN SUCH MANNER AND UPON SUCH TERMS AS
THE TRUSTEES SHALL DETERMINE. THE FOREGOING NOTWITHSTANDING,  THE  TRUS-
TEES  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  OF NEW YORK AT BUFFALO, UNLESS THE
SUBJECT PROJECT IS IN CONFLICT WITH THE MISSION OF THE STATE  UNIVERSITY
OF NEW YORK AT BUFFALO, INCLUDING BUT NOT LIMITED TO THE DEVELOPMENT AND
OPERATION  OF  RESEARCH, INCUBATOR, COMMUNITY, HEALTH CARE, RETAIL, FOOD

S. 3143--A                         10

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, THE PRESIDENT OF THE STATE UNIVERSITY OF
NEW YORK AT BUFFALO SHALL PROVIDE NOTICE OF ANY SUCH LEASE TO THE CHAIRS
OF THE SENATE FINANCE COMMITTEE AND THE ASSEMBLY WAYS AND MEANS  COMMIT-
TEE  AND  TO  THE  DIRECTOR  OF THE BUDGET AT LEAST THIRTY DAYS PRIOR TO
EXECUTING SUCH LEASE. 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 OF NEW YORK AT BUFFALO 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 COMPRISING ANY PART OF THE CAMPUSES OF THE STATE UNIVERSI-
TY OF NEW YORK AT BUFFALO OR OF PERSONAL PROPERTY UNDER THE CUSTODY  AND
CONTROL OF THE STATE UNIVERSITY OF NEW YORK AT BUFFALO SHALL BE RETAINED
BY  THE STATE UNIVERSITY OF NEW YORK AT BUFFALO AND SHALL BE USED BY THE
STATE UNIVERSITY OF NEW YORK  AT  BUFFALO  FOR  EXPENSES  OF  THE  STATE
UNIVERSITY OF NEW YORK AT BUFFALO.
  S 2. Paragraph s 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:
  s. To lease or make available to  the  state  university  construction
fund,  the  dormitory authority or other public benefit corporation, the
New York state teachers' retirement system  [or],  the  New  York  state
employees' retirement system OR, IN THE CASE OF STATE-OWNED REAL PROPER-
TY  COMPRISING  ANY  PART OF THE CAMPUSES OF THE STATE UNIVERSITY OF NEW
YORK AT BUFFALO, ANY OTHER PUBLIC OR PRIVATE  FOR-PROFIT  OR  NON-PROFIT
ENTITY,  INCLUDING,  BUT NOT LIMITED TO, A LOCAL DEVELOPMENT CORPORATION
ORGANIZED  UNDER  SECTION  ONE  THOUSAND  FOUR  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 or statutory  or  contract  college  for  the  construction,
acquisition,  reconstruction,  rehabilitation or improvement of academic
buildings, dormitories or other facilities thereon pursuant  to  article
eight-A  of  this  chapter  and  for  the  purpose  of facilitating such
construction, acquisition, reconstruction,  rehabilitation  or  improve-
ment,  to  enter  into  leases  and  agreements  for the use of any such
academic building, dormitory or other facility in  accordance  with  the
provisions  of  section  three  hundred  seventy-eight  of this chapter;
provided, however,  that  nothing  herein  contained  shall  affect  the
provisions  of  any  lease or agreement heretofore executed by the state
university with the dormitory authority. The state  university  trustees
may  also  enter  into agreements with the state university construction
fund, the dormitory authority or other public benefit  corporation,  the
New  York  state  teachers'  retirement  system [or], the New York state
employees' retirement system AND, IN THE CASE OF STATE-OWNED REAL  PROP-
ERTY  COMPRISING ANY PART OF THE CAMPUSES OF THE STATE UNIVERSITY OF NEW
YORK AT BUFFALO, WITH ANY OTHER PUBLIC OR PRIVATE FOR-PROFIT OR NON-PRO-
FIT ENTITY, INCLUDING, BUT NOT LIMITED TO  A  LOCAL  DEVELOPMENT  CORPO-
RATION  ORGANIZED  UNDER SECTION ONE THOUSAND FOUR HUNDRED ELEVEN OF THE
NOT-FOR-PROFIT CORPORATION  LAW  OR  AN  INDUSTRIAL  DEVELOPMENT  AGENCY
ORGANIZED  UNDER  ARTICLE  EIGHTEEN-A  OF  THE GENERAL MUNICIPAL LAW, to

S. 3143--A                         11

furnish heat from a central heating  plant  to  any  academic  building,
dormitory  or  other facility erected by them or with moneys supplied by
them. Any such academic building, dormitory or other facility shall  not
be subject to taxation for any purpose.
  S  3.  Subdivision 2 of section 355 of the education law is amended by
adding a new paragraph y to read as follows:
  Y.  IN CONNECTION WITH PUBLIC-PRIVATE PARTNERSHIPS IN SUPPORT  OF  THE
CORPORATE  PURPOSES  OF  THE  STATE  UNIVERSITY  OF NEW YORK AT BUFFALO,
INCLUDING, WITHOUT LIMITATION, THE  STATE  UNIVERSITY  OF  NEW  YORK  AT
BUFFALO'S  UB  2020  INITIATIVE, TO PARTICIPATE IN JOINT AND COOPERATIVE
ARRANGEMENTS WITH PUBLIC, NON-PROFIT AND BUSINESS ENTITIES AS  PARTNERS,
JOINT  VENTURERS, MEMBERS OF NON-PROFIT CORPORATIONS, MEMBERS OF LIMITED
LIABILITY COMPANIES AND SHAREHOLDERS OF BUSINESS CORPORATIONS. THE STATE
UNIVERSITY'S PARTICIPATION ON BEHALF OF THE STATE UNIVERSITY OF NEW YORK
AT BUFFALO 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 ARTICLE FOURTEEN OF THE
CIVIL SERVICE LAW. NOTWITHSTANDING ANY INCONSISTENT PROVISION IN SECTION
EIGHT OF THE COURT OF CLAIMS ACT, THE STATE UNIVERSITY 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  ASSOCIATION.   NOTHING
CONTAINED  IN THE PUBLIC OFFICERS LAW OR IN ANY OTHER LAW, RULE OR REGU-
LATION, SHALL BE CONSTRUED OR APPLIED TO PROHIBIT  STATE  UNIVERSITY  OF
NEW  YORK  AT BUFFALO OFFICERS AND EMPLOYEES FROM ENGAGING IN ACTIVITIES
FOR WHICH NO COMPENSATION IS PAID AS DESIGNEES OF THE  STATE  UNIVERSITY
OF  NEW  YORK  AT  BUFFALO IN CONNECTION WITH SUCH JOINT AND COOPERATIVE
ARRANGEMENTS, INCLUDING SERVING AS DESIGNEES OF THE STATE UNIVERSITY  AS
MEMBERS,  SHAREHOLDERS  OR  AS  DIRECTORS  ON  BOARDS OR OTHER GOVERNING
BODIES OF CORPORATIONS OR OTHER ENTITIES.
  S 4. This act shall take effect immediately.

                                 PART C

  Section 1. Section 355 of the education law is amended by  adding  two
new subdivisions 20 and 21 to read as follows:
  20.  NOTWITHSTANDING  THE PROVISIONS OF SUBDIVISION TWO OF SECTION ONE
HUNDRED TWELVE AND SECTIONS ONE HUNDRED FIFTEEN, ONE  HUNDRED  SIXTY-ONE
AND  ONE HUNDRED SIXTY-THREE 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 ON BEHALF OF OR WITH RESPECT TO THE  STATE  UNIVERSITY  OF
NEW YORK AT BUFFALO TO:
  A.  (I) PURCHASE MATERIALS, EQUIPMENT AND SUPPLIES, INCLUDING COMPUTER
EQUIPMENT AND MOTOR  VEHICLES,  (II)  EXECUTE  CONTRACTS  FOR  SERVICES,
PERMITS,  LICENSES,  LEASES,  CONTRACTS FOR THE PURCHASE OR SALE OF REAL
PROPERTY, AND CONSTRUCTION CONTRACTS, AND (III) CONTRACT  FOR  PRINTING,
WITHOUT  PRIOR  APPROVAL BY ANY OTHER STATE OFFICER OR AGENCY IN ACCORD-
ANCE WITH GUIDELINES, RULES OR  REGULATIONS  PROMULGATED  BY  THE  STATE
UNIVERSITY  BOARD OF TRUSTEES. GUIDELINES, RULES, OR REGULATIONS PROMUL-
GATED 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

S. 3143--A                         12

AUTHORIZED  UNDER THIS SECTION BE AT THE LOWEST AVAILABLE PRICE, INCLUD-
ING CONSIDERATION OF PRICES  AVAILABLE  THROUGH  OTHER  STATE  AGENCIES,
CONSISTENT  WITH  QUALITY  REQUIREMENTS,  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.   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
DOLLARS, IN ACCORDANCE WITH SUCH GUIDELINES AS SHALL  BE  PRESCRIBED  BY
THE STATE UNIVERSITY TRUSTEES.
  C.  ESTABLISH  GUIDELINES  IN  CONSULTATION  WITH  THE COMMISSIONER OF
GENERAL SERVICES AUTHORIZING PARTICIPATION BY THE  STATE  UNIVERSITY  OF
NEW  YORK  AT  BUFFALO 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  OF NEW YORK AT BUFFALO NECESSARY TO ENABLE THE STATE UNIVER-
SITY OF NEW YORK AT BUFFALO TO PARTICIPATE IN THESE PROGRAMS.
  21. 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  OF  NEW  YORK  AT  BUFFALO
WITHOUT  PRIOR REVIEW OR APPROVAL BY ANY STATE OFFICER OR AGENCY INCLUD-
ING ENERGY PERFORMANCE CONTRACTS (AS DEFINED IN  SECTION  9-102  OF  THE
ENERGY LAW), ENERGY PROCUREMENT OR SUPPLY CONTRACTS, CONTRACTS OR AGREE-
MENTS  WITH  NON-PROFIT  CORPORATIONS  ORGANIZED BY OFFICERS, EMPLOYEES,
ALUMNI OR STUDENTS OF THE STATE UNIVERSITY OF NEW YORK  AT  BUFFALO  FOR
THE  FURTHERANCE  OF  ITS  OBJECTS AND PURPOSES, AS WELL AS CONTRACTS OR
AGREEMENTS WITH ANY STATE UNIVERSITY OF NEW YORK AT  BUFFALO  CAMPUS-RE-
LATED  FOUNDATION, ALUMNI ASSOCIATION OR AFFILIATE THEREOF, ANY NON-PRO-
FIT CORPORATION OR ASSOCIATION ORGANIZED BY THE PRESIDENT OF  THE  STATE
UNIVERSITY OF NEW YORK AT BUFFALO TO FURTHER ITS PURPOSES OR ANY LIMITED
LIABILITY  COMPANY,  WHOSE  SOLE MEMBER IS ANY OF THE FOREGOING ENTITIES
FOR THE FURTHERANCE OF THE OBJECTS AND PURPOSES OF THE STATE  UNIVERSITY
OF NEW YORK AT BUFFALO, INCLUDING, WITHOUT LIMITATION, THE STATE UNIVER-
SITY  OF  NEW YORK AT BUFFALO'S UB 2020 INITIATIVE.  CONTRACTS OR AGREE-
MENTS 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 AVAILABLE THEREFOR AT  THE  TIME  THE
LIABILITY FOR PAYMENT ARISES.
  S  2. 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  AND THE STATE UNIVERSITY OF NEW YORK ACTING ON BEHALF
OF OR WITH RESPECT TO THE STATE UNIVERSITY OF NEW YORK AT BUFFALO, 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,  when-

S. 3143--A                         13

ever  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 writ-
ten determination with respect to approval of such contract within nine-
ty  days  of the submission of such contract to his or her office unless
the comptroller shall notify, in writing, the state agency,  department,
board,  officer,  commission, or institution, prior to the expiration of
the ninety day period, and for good cause, of the need for an  extension
of  not more than fifteen days, or a reasonable period of time agreed to
by such state agency, department, board, officer, commission, or  insti-
tution  and provided, further, that such written determination or exten-
sion shall be made part of the procurement record pursuant to  paragraph
f of subdivision one of section one hundred sixty-three of this chapter.
  (b)  Whenever  any liability of any nature shall be incurred by or for
any state department, board, officer, commission, or  institution  OTHER
THAN  THE  STATE  UNIVERSITY  OF  NEW  YORK  ACTING ON BEHALF OF OR WITH
RESPECT TO THE STATE UNIVERSITY OF NEW YORK AT BUFFALO, 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 STATE UNIVERSI-
TY  OF NEW YORK ACTING ON BEHALF OF OR WITH RESPECT TO THE STATE UNIVER-
SITY OF NEW YORK AT BUFFALO agrees to give a  consideration  other  than
the  payment  of  money, when the value or reasonably 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 3. Paragraph a of subdivision  1  of  section  139-j  of  the  state
finance  law,  as  added by chapter 4 of the laws of 2010, is amended to
read as follows:
  a. "Governmental  entity"  shall  mean:  (1)  any  department,  board,
bureau,  commission,  division, office, council, committee or officer of
the state, whether permanent or temporary, OTHER THAN THE STATE  UNIVER-
SITY  OF  NEW  YORK  ACTING  ON  BEHALF  OF OR WITH RESPECT TO THE STATE
UNIVERSITY OF NEW YORK AT BUFFALO; (2) each house of the state  legisla-
ture;  (3)  the  unified  court system; (4) any public authority, public
benefit corporation or commission created by or existing pursuant to the
public authorities law; (5)  any  public  authority  or  public  benefit
corporation,  at least one of whose members is appointed by the governor
or who serves as a member by virtue of holding a  civil  office  of  the
state; (6) a municipal agency, as that term is defined in paragraph (ii)
of  subdivision  (s)  of  section one-c of the legislative law; or (7) a
subsidiary or affiliate of such a public authority.
  S 4. Paragraph a of subdivision  1  of  section  139-k  of  the  state
finance  law,  as  added by chapter 4 of the laws of 2010, is amended to
read as follows:
  a. "Governmental  entity"  shall  mean:  (1)  any  department,  board,
bureau,  commission,  division, office, council, committee or officer of
the state, whether permanent or temporary, OTHER THAN THE STATE  UNIVER-
SITY  OF  NEW  YORK  ACTING  ON  BEHALF  OF OR WITH RESPECT TO THE STATE
UNIVERSITY OF NEW YORK AT BUFFALO; (2) each house of the state  legisla-
ture;  (3)  the  unified  court system; (4) any public authority, public
benefit corporation or commission created by or existing pursuant to the
public authorities law; (5) a public authority or public benefit  corpo-
ration,  at  least  one of whose members is appointed by the governor or
who serves as a member by virtue of holding a civil office of the state;

S. 3143--A                         14

(6) municipal agency, as that term  is  defined  in  paragraph  (ii)  of
subdivision  (s)  of  section  one-c  of  the  legislative law; or (7) a
subsidiary or affiliate of such a public authority.
  S 5.  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
STATE UNIVERSITY OF NEW YORK AT BUFFALO, 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  STATE
UNIVERSITY  OF  NEW  YORK AT BUFFALO SHALL NOT BE USED DIRECTLY OR INDI-
RECTLY BY A FOR-PROFIT CORPORATION  OR  OTHER  FOR-PROFIT  ENTITY  WHICH
CONTRACTS WITH THE NON-PROFIT CORPORATION, NOR SHALL SUCH COMMODITIES SO
PURCHASED BY SUCH NON-PROFIT CORPORATION BE OFFERED FOR RESALE.
  S 6.  Paragraph e of subdivision 4 of section 163 of the state finance
law, as amended by chapter 95 of the laws of 2000, is amended to read as
follows:
  [e.  Any officer, body or agency of a political subdivision as defined
in section one hundred of the general municipal law or a district there-
in, may make  purchases  of  services  through  the  office  of  general
services'  centralized contracts for services, subject to the provisions
of section one hundred four of the general municipal  law.  The  commis-
sioner  may  permit  and  prescribe  the  conditions for the purchase of
services through the office of general services'  centralized  contracts
for  services  by  any public authority or public benefit corporation of
the state including the port authority of New York and New  Jersey.  The
commissioner  is  authorized  to  permit any public library, association
library, library  system,  cooperative  library  system,  the  New  York
Library  Association,  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' centralized contracts; provided,  however,  that  such
entity so empowered shall accept sole responsibility for any payment due
with respect to such purchase.]
  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 AND ANY  NON-PROFIT  CORPORATION  ORGANIZED  IN  FURTHERANCE  OF  THE
OBJECTS AND PURPOSES OF THE STATE UNIVERSITY OF NEW YORK AT BUFFALO, MAY
MAKE  PURCHASES  OF  SERVICES  THROUGH  THE  OFFICE OF GENERAL SERVICES'
CENTRALIZED CONTRACTS FOR SERVICES, SUBJECT, IN THE CASE OF  SUCH  POLI-
TICAL SUBDIVISIONS, TO THE PROVISIONS OF SECTION ONE HUNDRED FOUR OF THE

S. 3143--A                         15

GENERAL  MUNICIPAL  LAW;  PROVIDED,  HOWEVER,  THAT  IN  THE CASE OF ANY
NON-PROFIT CORPORATION ORGANIZED  IN  FURTHERANCE  OF  THE  OBJECTS  AND
PURPOSES OF THE STATE UNIVERSITY OF NEW YORK AT BUFFALO, IT SHALL ACCEPT
SOLE  RESPONSIBILITY  FOR  ANY PAYMENT DUE WITH RESPECT TO SUCH PURCHASE
AND PROVIDED, FURTHER THAT SERVICES SO PURCHASED BY ANY SUCH  NON-PROFIT
CORPORATION  SHALL  NOT  BE  USED DIRECTLY OR INDIRECTLY BY A FOR-PROFIT
CORPORATION OR OTHER FOR-PROFIT ENTITY WHICH CONTRACTS WITH THE NON-PRO-
FIT ORGANIZATION. THE COMMISSIONER MAY PERMIT AND PRESCRIBE  THE  CONDI-
TIONS  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 STATE UNIVERSITY OF NEW
YORK AT BUFFALO.  THE COMMISSIONER IS AUTHORIZED TO  PERMIT  ANY  PUBLIC
LIBRARY,   ASSOCIATION  LIBRARY,  LIBRARY  SYSTEM,  COOPERATIVE  LIBRARY
SYSTEM, THE NEW YORK LIBRARY ASSOCIATION, AND THE NEW YORK STATE ASSOCI-
ATION 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' CENTRALIZED CONTRACTS; PROVIDED,  HOWEV-
ER,  THAT  SUCH ENTITY SO EMPOWERED SHALL ACCEPT SOLE RESPONSIBILITY FOR
ANY PAYMENT DUE WITH RESPECT TO SUCH PURCHASE.
  S 7. Paragraph b of subdivision 10 of section 163 of the state finance
law is amended by adding a new subparagraph (iii) to read as follows:
  (III) THE PROVISIONS OF SUBPARAGRAPHS (I) AND (II) OF  THIS  PARAGRAPH
SHALL  NOT  APPLY  TO SINGLE OR SOLE SOURCE PROCUREMENTS FOR SERVICES OR
COMMODITIES BY THE STATE UNIVERSITY OF NEW YORK ACTING ON BEHALF  OF  OR
WITH  RESPECT  TO  THE  STATE  UNIVERSITY  OF NEW YORK AT BUFFALO, WHICH
SINGLE OR SOLE SOURCE PROCUREMENTS SHALL BE MADE IN ACCORDANCE WITH SUCH
RULES AND GUIDELINES AS MAY BE PROMULGATED BY THE TRUSTEES OF THE  STATE
UNIVERSITY OF NEW YORK.
  S  8. Paragraph (e) of subdivision 1 of section 5-a of the tax law, as
amended by section 1 of part L of chapter 62 of the  laws  of  2006,  is
amended to read as follows:
  (e)  "Covered  agency"  means a "state agency" for purposes of article
eleven of the state finance law, the legislature, the  judiciary,  or  a
public  authority  or  public  benefit corporation at least one of whose
members is appointed by the governor; PROVIDED, HOWEVER, THAT  THE  TERM
"COVERED  AGENCY"  SHALL  NOT  INCLUDE  THE STATE UNIVERSITY OF NEW YORK
ACTING ON BEHALF OF OR WITH RESPECT TO THE STATE UNIVERSITY OF NEW  YORK
AT BUFFALO.
  S  9.  This act shall take effect immediately; provided, however, that
the amendments to section 139-j of the state finance law made by section
three of this act, the amendments to section 139-k of the state  finance
law  made by section four of this act, and the amendments to section 163
of the state finance law made by sections five, six, and seven  of  this
act shall not affect the repeal of such sections and shall expire and be
deemed repealed therewith.

                                 PART D

  Section  1.  Subdivision  8  of  section  355 of the education law, as
amended by chapter 553 of the laws  of  1985,  is  amended  to  read  as
follows:
  8.  All  moneys  received  by  the state university of New York and by
state-operated institutions thereof from appropriations, tuition,  fees,
user charges, sales of products and services and from all other sources,

S. 3143--A                         16

including  sources  and  activities  of  the  state university which are
intended by law to be self-supporting may be credited to an  appropriate
fund  or funds to be designated by the state comptroller. The amounts so
paid  into  such  fund  or funds which were received by or for the state
university shall be used for expenses of the state university in  carry-
ing  out any of its objects and purposes and such amounts received by or
for state-operated institutions of the state university  shall  be  used
for expenses of the state university under regulations prescribed by the
state  university  trustees.   NOTWITHSTANDING THE FOREGOING, ALL MONEYS
RECEIVED BY THE STATE UNIVERSITY OF NEW YORK AT  BUFFALO  FROM  TUITION,
FEES, USER CHARGES, SALES OF PRODUCTS AND SERVICES, SAVINGS UNDER ENERGY
PERFORMANCE, PROCUREMENT OR SUPPLY CONTRACTS AND FROM SOURCES AND ACTIV-
ITIES  OF THE STATE UNIVERSITY OF NEW YORK AT BUFFALO WHICH ARE INTENDED
BY LAW TO BE SELF-SUPPORTING MAY BE CREDITED TO AN APPROPRIATE  FUND  OR
FUNDS  HELD  BY THE STATE UNIVERSITY OF NEW YORK AT BUFFALO. THE AMOUNTS
SO PAID INTO SUCH FUND OR FUNDS WHICH WERE RECEIVED BY OR FOR THE  STATE
UNIVERSITY  OF  NEW  YORK  AT  BUFFALO SHALL BE USED FOR EXPENSES OF THE
STATE UNIVERSITY OF NEW YORK AT BUFFALO  IN  CARRYING  OUT  ANY  OF  ITS
OBJECTS AND PURPOSES.
  S  2.  Section  4  of the state finance law is amended by adding a new
subdivision 11 to read as follows:
  11. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION,  MONEYS  HELD  BY
THE STATE UNIVERSITY OF NEW YORK DERIVED FROM TUITION, FEES, USER CHARG-
ES,  SALES  OF  PRODUCTS AND SERVICES, SAVINGS UNDER ENERGY PERFORMANCE,
PROCUREMENT OR SUPPLY CONTRACTS AND SOURCES AND ACTIVITIES OF THE  STATE
UNIVERSITY  OF NEW YORK AT BUFFALO THAT ARE INTENDED TO BE SELF-SUPPORT-
ING SHALL BE PAID WITHOUT AN APPROPRIATION.
  S 3. Subdivision 2 of section 121 of the state finance law, as amended
by chapter 293 of the laws of 1992, is amended to read as follows:
  2. There are excepted from payment to  the  treasury  as  provided  by
subdivision  one of this section: (i) all moneys to which the provisions
of subdivision four of section four of this chapter  apply  unless  such
moneys  are held in a fund subject to appropriation; (ii) moneys held as
part of the principal of an endowment of the  state  university  of  New
York,  units  thereof and other state agencies; (III) MONEYS RECEIVED BY
THE STATE UNIVERSITY OF NEW YORK DERIVED FROM TUITION, FEES, USER CHARG-
ES, SALES OF PRODUCTS AND SERVICES, SAVINGS  UNDER  ENERGY  PERFORMANCE,
PROCUREMENT  OR  SUPPLY CONTRACTS AND FROM SOURCES AND ACTIVITIES OF THE
STATE UNIVERSITY OF  NEW  YORK  AT  BUFFALO  THAT  ARE  INTENDED  TO  BE
SELF-SUPPORTING,  INCLUDING,  WITHOUT  LIMITATION, ANY REVENUE RESULTING
FROM TUITION INCREASES AT THE STATE UNIVERSITY OF NEW  YORK  AT  BUFFALO
DESCRIBED  IN CLAUSE A OF SUBPARAGRAPH FOUR-A OF PARAGRAPH H OF SUBDIVI-
SION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OF THE EDUCATION  LAW;  and
[(iii)] (IV) moneys received pursuant to a clinical practice plan estab-
lished  pursuant  to  subdivision fourteen of section two hundred six of
the public health law. In those cases where such moneys are held in  the
custody  of  the  state  officer other than the comptroller, the officer
shall file with the comptroller, at such times as the comptroller  shall
determine,  a  detailed statement, in such form and content as the comp-
troller shall prescribe, for the period covered by  the  statement.  The
comptroller  shall  from  time  to time, but not less than once in every
three years, examine the books and  accounts  relating  to  such  moneys
heretofore or hereinafter established, including its receipts, disburse-
ments,  investments,  and any financial matters. An independent audit of
such moneys may be authorized by the comptroller  in  lieu  of  his  own

S. 3143--A                         17

examination,  which examination shall be undertaken within twelve months
of such authorization.
  S 4. This act shall take effect immediately.

                                 PART E

  Section  1.  Paragraph i 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:
  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, EXCEPT IN THE CASE OF LANDS OCCU-
PIED BY THE STATE UNIVERSITY OF  NEW  YORK  AT  BUFFALO,  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 2. This act shall take effect immediately.
  S 4. 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  5.  This  act shall take effect immediately provided, however, that
the applicable effective date of Parts A through E of this act shall  be
as specifically set forth in the last section of such Parts.

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