senate Bill S5855

Signed By Governor
2011-2012 Legislative Session

Establishes the NY-SUNY 2020 challenge grant program; appropriation

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Archive: Last Bill Status - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 01, 2011 signed chap.260
delivered to governor
Jun 24, 2011 returned to senate
passed assembly
message of necessity - 3 day message
ordered to third reading rules cal.630
substituted for a8519
referred to ways and means
delivered to assembly
passed senate
message of necessity
ordered to third reading cal.1543
referred to rules

Votes

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Co-Sponsors

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S5855 - Bill Details

See Assembly Version of this Bill:
A8519
Law Section:
Education Law
Laws Affected:
Amd §§350, 355, 6206 & 359, add §689-a, Ed L; add §45, UDC Act

S5855 - Bill Texts

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Establishes the NY-SUNY 2020 challenge grant program.

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BILL NUMBER:S5855

TITLE OF BILL:

An act
to amend the education law
and the New York state urban development corporation act,
in relation to establishing components of the NY-SUNY 2020
challenge grant program;
making an appropriation therefor; and
providing for the repeal of such provisions upon
expiration thereof

PURPOSE:

This bill would implement components of the NY-SUNY 2020 Challenge
Grant Program Act.

SUMMARY OF PROVISIONS:

Section 1 is the short title, "NY-SUNY 2020 Challenge Grant Program
Act."

Section 2 of the bill would add definitions to Education Law § 350.

Section 3 of the bill would amend Education Law § 355(2)(h)(4) to:

o Provide authorization for a rational tuition plan for all State
University of New York ("SUNY") campuses of up to three hundred
dollars annually for five years.

o Authorize the University Centers (i.e., Albany, Binghamton, Buffalo
and Stony Brook) to implement a non-resident undergraduate tuition
increase of up to 10 percent annually for five years. The
implementation of any non-resident undergraduate tuition increase
pursuant to this provision would be subject to Gubernatorial and SUNY
Chancellor approval of their applications under the NY-SUNY 2020
Challenge Grant Program.

o The SUNY Board of Trustees would be required to approve and submit a
master tuition plan setting forth the proposed tuition rates for
resident undergraduate students for the five year period beginning in
the 2011-12 academic year and ending in the 2015-16 academic year.

o The State would be required to appropriate and make available
General Fund operating support in an amount no less than provided in
the prior State
Fiscal Year, except that if the Governor declares a fiscal emergency,
and communicates such emergency to the temporary president of the
Senate and the speaker of the Assembly, State support for operating
expenses at SUNY may be reduced in a manner proportionate to CUNY.

o The University Centers would be authorized to offer additional
financial assistance to students whose net taxable income is more
than $80,000, subject to Gubernatorial and SUNY Chancellor approval
of their applications under the NY-SUNY 2020 Challenge Grant Program.


Section 4 would amend Education Law §6206(7)(a) to:

o Allow the City University of New York ("CUNY") to implement a
rational tuition plan of up to three hundred dollars annually for
five years.

o The CUNY Board of Trustees would be required to approve and submit a
master tuition plan setting forth the proposed tuition rates for
resident undergraduate students for the five year period beginning in
the 2011-12 academic year and ending in the 2015-16 academic year.

o The State would be required to appropriate and make available State
support for operating expenses in an amount no less than provided in
the prior State Fiscal Year, except that if the Governor declares a
fiscal emergency, and communicates such emergency to the temporary
president of the Senate and the speaker of the Assembly, State
support for operating expenses at CUNY may be reduced in a manner
proportionate to SUNY.

Section 5 of the bill would add a new §689-a to the Education Law to
establish tuition credits, which would require SUNY and CUNY to apply
a credit against the tuition charged to a student. The amount of the
applicable tuition credit would be based on the level of a student's
tuition assistance program ("TAP") award, and would be calculated by
the Higher Education Services Corporation ("HESC").

Section 6 of the bill would add a new subdivision 6-a to Education Law
§355 to require conflict of interest policies when submitting plans
under the NY-SUNY 2020 Challenge Grant Program.

Section 7 of the bill would add a new section 1 to chapter 174 of the
laws of 1968 to the Urban Development Corporation (i.e., the Empire
State Development Corporation) of the State of New York to authorize
the issuance of $80 million in bonds or notes for the purpose of
implementing the capital program under the NY-SUNY 2020 Challenge
Grant Program.

Section 8 of the bill would amend Chapter 54 of the laws of 2011 to
allow the four SUNY University Centers to utilize up to $60 million
in existing university wide
appropriation authority for projects approved through the NY-SUNY 2020
Challenge Grant Program, subject to a plan approved by the Governor
and Chancellor. The sum would be equally distributed to each SUNY
University Center.

Section 9 of the bill allows for the University Centers to utilize
existing appropriations and reappropriations to progress capital
projects in relation to the NY-SUNY 2020 Challenge Grant Program,
subject to a plan approved by the Governor and Chancellor.

Section 10 would make available an appropriation for SUNY to access
tuition revenues generated through its authorized tuition plan.

Section 11 would make available an appropriation for CUNY to access
tuition revenues generated through its authorized tuition plan.


Sections 12 and 13 of the bill provide authorization for the
utilization of project labor agreements for capital construction
projects associated with the NY-SUNY 2020 Challenge Grant Program Act.

Section 14 amends §359 of the Education Law requiring the SUNY Board
of Trustees to conduct a study and report on the effectiveness of the
TAP program, which shall include factors such as, overall cost of
undergraduate study, eligibility criteria, and award threshold
levels. In addition, annual reports would be created detailing such
things as full time faculty growth and program availability. The
study would also include recommendations to improve the TAP program
to maintain and enhance student affordability and access.

Section 15 amends §6206 of the Education Law by adding a new
subdivision 17, which requires the CUNY Board of Trustees to conduct
a study and report on the effectiveness of the TAP program, which
shall include factors such as, overall cost of undergraduate study,
eligibility criteria, and award threshold levels. The study shall
also include recommendations to improve the TAP program to maintain
and enhance student affordability and access.

Section 16 is the effective date, July 1, 2011 which will sunset in
five years.

JUSTIFICATION:

The State University of New York ("SUNY") is among the largest public
higher education systems in the country, educating more than 468,000
students in more than 7,500 certificate and degree programs on 64
campuses across the state. Every SUNY campus has the potential to
create unprecedented opportunities not just for college students and
their families, but for faculty and staff, business and industry, and
the entire state workforce.

SUNY's four University Centers-Albany, Binghamton, Buffalo & Stony
Brook educate 86,000 undergraduate, graduate and graduate professional
students in a vast array of disciplines covering the arts,
humanities, social sciences, engineering and health professions. In
the past three years, the SUNY University Centers have generated more
than $600 million in research activity annually and produced research
by world-renowned faculty.

The SUNY system has the potential to be a leading catalyst for
economic revitalization in New York State, while improving the
academic quality for students. That is why the Governor recently
announced the NY-SUNY 2020 Challenge Grant Program.

The NY-SUNY 2020 Challenge Grant program-a joint program between the
Governor and SUNY- will incentivize bottom-up, individualized
long-term economic development implementation plans on campuses and
the surrounding communities. The NY-SUNY 2020 Challenge Grant
Program's mission is to enhance the academic mission of the campuses,
benefit all students and make these campuses regional economic
development generators.

Under NY-SUNY 2020 there will be $140 million in total capital
funding. The Governor will commit $20 million for each qualifying


campus, while SUNY will set aside an additional $15 million for each
qualifying campus. This bill authorizes the $140 million commitment
by the Governor and SUNY.

Eligibility for phase one of the NY-SUNY 2020 program includes the
four University Centers. Under the NY-SUNY 2020 Challenge Grant
Program, the University Centers' plans must include the following
elements in order to be eligible for the capital award:

o Details of the new or expanded academic mission, such as health
care, clean energy or technology that will be central to the plan.

o Ways the plan will bring the local community and stakeholders
together through the Regional Councils to spur job creation and local
economic development opportunities that will result in regional
economic revitalization.

o Strategic partnerships, such as public/private partnerships, to
increase academic and economic benefits.

o Endorsements from surrounding local governments and community
members in support of the plan.

o Funding mechanisms such as capital financing, tuition increases and
private sector financing to fund the plan.

o Details for expansion, including faculty to be hired and any
property to be purchased and for what purpose.

The program is currently underway and the University Centers have
begun the application process. However, in order to implement the
NY-SUNY 2020 Challenge Grant Program this legislation is needed.

In order to implement the NY-SUNY 2020 Challenge Grant Program, the
universities must have adequate operational resources to hire the
faculty and other support staff. This plan will result in more
faculty, the education of additional students, increased class
offerings and improved graduation rates. This bill includes a
rational tuition program to ensure the University Centers under the
NY-SUNY 2020 Challenge Grant program, as well as all SUNY schools in
the system, are successful. First, all schools in the SUNY system
will be authorized to implement a rational tuition program of up to
$300 annually for five years. Second, the legislation includes
authorization for the University Centers to increase tuition for
non-resident undergraduate students by up to 10 percent annually for
five years upon approval of their NY-SUNY 2020 Challenge Grant
application/plan by the Governor and SUNY Chancellor.

The current tuition system has made SUNY a national outlier. This
legislation maintains affordability in that the up to $300 annual
increase is well-below the 20 year average annualized SUNY tuition
increase of 6.7 percent. Moreover, it remedies the current
irrationality of the system. The current system is one where there
are periods without tuition increases followed by sudden and dramatic
spikes in tuition of upwards of 40 percent. Such spikes and
uncertainty in tuition is detrimental to students, families and the
university system.


The Governor recognizes that maintaining affordability is a key
concern and therefore this legislation would help students and
families with the costs. Students who are eligible for a TAP award
will receive a tuition credit. In addition, upon the approval of
their NY-SUNY 2020 Challenge Grant application/plan, the University
Centers would be authorized to set aside a portion of their tuition
revenues to provide increased financial aid for students whose net
taxable income is more than $80,000.

New Yorkers deserve a quality State University System that is both
accessible and affordable but also one that is second to none in
academics and research. The NY-SUNY 2020 Challenge Grant Program
will make sure SUNY modernizes and thrives. This legislation is an
important component of that program and makes a commitment to SUNY so
it can grow to compete with other university systems and help drive
economic development and academic achievement for decades to come.

LEGISLATIVE HISTORY:

This is a new bill.

BUDGET IMPLICATIONS:

A total of $140 million in capital.

EFFECTIVE DATE:

This bill would take effect on July 1, 2011 and expire in five years.

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

    S. 5855                                                  A. 8519

                       2011-2012 Regular Sessions

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

                              June 24, 2011
                               ___________

IN  SENATE  --  Introduced  by  Sens. SKELOS, LAVALLE, GRISANTI, FARLEY,
  FLANAGAN, GALLIVAN, LIBOUS, LITTLE,  MAZIARZ,  McDONALD,  RANZENHOFER,
  SEWARD,  YOUNG  --  (at  request  of  the  Governor) -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Rules

IN  ASSEMBLY  --  Introduced  by  M.  of A. GLICK, PEOPLES-STOKES, HOYT,
  SCHROEDER -- (at request of the Governor) -- read once and referred to
  the Committee on Ways and Means

AN ACT to amend the education law and the New York state urban  develop-
  ment  corporation  act,  in relation to establishing components of the
  NY-SUNY 2020 challenge grant program; making an  appropriation  there-
  for;  and  providing for the repeal of such provisions upon expiration
  thereof

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

  Section  1.  This  act shall be known and may be cited as the "NY-SUNY
2020 challenge grant program act".
  S 2. Section 350 of the education law is amended  by  adding  two  new
subdivisions 7 and 8 to read as follows:
  7.  "UNIVERSITY  CENTERS" SHALL MEAN THE UNIVERSITY CENTERS AT ALBANY,
BINGHAMTON, BUFFALO AND STONY BROOK.
  8. "NY-SUNY 2020 CHALLENGE GRANT PROGRAM" ("NY-SUNY 2020") SHALL  MEAN
A  LONG-TERM ECONOMIC AND ACADEMIC PLAN, WHICH SHALL INCLUDE A FINANCIAL
AID PROGRAM, SUBMITTED BY EACH STATE UNIVERSITY OF NEW  YORK  UNIVERSITY
CENTER,  SUBJECT  TO  THE APPROVAL BY THE GOVERNOR AND THE CHANCELLOR OF
THE STATE UNIVERSITY OF NEW YORK.
  S 3. 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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12061-14-1

S. 5855                             2                            A. 8519

  (4) The trustees shall not impose a differential tuition charge  based
upon  need or income. [All] EXCEPT AS HEREINAFTER PROVIDED, ALL students
enrolled in programs leading to like degrees  at  state-operated  insti-
tutions  of  the  state  university  shall  be charged a uniform rate of
tuition  except for differential tuition rates based on state residency.
Provided, however, that the trustees may authorize the presidents of the
colleges of technology and the colleges of agriculture and technology to
set differing rates of tuition for each of  the  colleges  for  students
enrolled  in degree-granting programs 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] EXCEPT AS OTHERWISE  AUTHORIZED  IN  THIS
SUBPARAGRAPH,  THE  trustees  shall  not adopt changes affecting tuition
charges prior to the enactment of the annual  budget,  PROVIDED  HOWEVER
THAT:
  (I)  COMMENCING  WITH  THE  TWO  THOUSAND  ELEVEN--TWO THOUSAND TWELVE
ACADEMIC YEAR AND ENDING  IN  THE  TWO  THOUSAND  FIFTEEN--TWO  THOUSAND
SIXTEEN ACADEMIC YEAR THE STATE UNIVERSITY OF NEW YORK BOARD OF TRUSTEES
SHALL  BE  EMPOWERED  TO  INCREASE  THE  RESIDENT  UNDERGRADUATE RATE OF
TUITION BY NOT MORE THAN THREE HUNDRED DOLLARS OVER THE RESIDENT  UNDER-
GRADUATE  RATE  OF TUITION ADOPTED BY THE BOARD OF TRUSTEES IN THE PRIOR
ACADEMIC YEAR, PROVIDED HOWEVER THAT IF THE ANNUAL RESIDENT  UNDERGRADU-
ATE  RATE  OF TUITION WOULD EXCEED FIVE THOUSAND DOLLARS, THEN A TUITION
CREDIT FOR EACH ELIGIBLE STUDENT, AS DETERMINED AND  CALCULATED  BY  THE
NEW YORK STATE HIGHER EDUCATION SERVICES CORPORATION PURSUANT TO SECTION
SIX  HUNDRED  EIGHTY-NINE-A  OF  THIS TITLE, SHALL BE APPLIED TOWARD THE
TUITION CHARGED FOR EACH SEMESTER, QUARTER OR TERM OF STUDY. TUITION FOR
EACH SEMESTER, QUARTER OR TERM OF STUDY SHALL NOT BE DUE FOR ANY STUDENT
ELIGIBLE TO RECEIVE SUCH TUITION CREDIT  UNTIL  THE  TUITION  CREDIT  IS
CALCULATED AND APPLIED AGAINST THE TUITION CHARGED FOR THE CORRESPONDING
SEMESTER, QUARTER OR TERM.
  (II)  ON  OR BEFORE NOVEMBER THIRTIETH, TWO THOUSAND ELEVEN, THE TRUS-
TEES SHALL APPROVE AND SUBMIT TO THE CHAIRS OF  THE  ASSEMBLY  WAYS  AND
MEANS  COMMITTEE AND THE SENATE FINANCE COMMITTEE AND TO THE DIRECTOR OF
THE BUDGET A MASTER TUITION PLAN SETTING FORTH THE  TUITION  RATES  THAT
THE  TRUSTEES  PROPOSE  FOR RESIDENT UNDERGRADUATE STUDENTS FOR THE FIVE
YEAR PERIOD COMMENCING WITH THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE
ACADEMIC YEAR AND  ENDING  IN  THE  TWO  THOUSAND  FIFTEEN-TWO  THOUSAND
SIXTEEN  ACADEMIC YEAR, AND SHALL SUBMIT ANY PROPOSED AMENDMENTS TO SUCH
PLAN BY NOVEMBER THIRTIETH OF EACH SUBSEQUENT  YEAR  THEREAFTER  THROUGH
NOVEMBER  THIRTIETH,  TWO  THOUSAND  FIFTEEN, AND PROVIDED FURTHER, THAT
WITH THE APPROVAL OF THE BOARD OF TRUSTEES, EACH UNIVERSITY  CENTER  MAY
INCREASE  NON-RESIDENT UNDERGRADUATE TUITION RATES EACH YEAR BY NOT MORE
THAN TEN PERCENT OVER THE TUITION RATES  OF  THE  PRIOR  ACADEMIC  YEAR,
SUBJECT  TO  THE APPROVAL OF A NY-SUNY 2020 PROPOSAL BY THE GOVERNOR AND
THE CHANCELLOR OF THE STATE UNIVERSITY OF NEW YORK.
  (III) THE STATE SHALL APPROPRIATE ANNUALLY AND MAKE AVAILABLE  GENERAL
FUND OPERATING SUPPORT, INCLUDING FRINGE BENEFITS, FOR THE STATE UNIVER-
SITY  IN AN AMOUNT NOT LESS THAN THE AMOUNT APPROPRIATED AND MADE AVAIL-
ABLE  TO  THE  STATE  UNIVERSITY  IN  STATE  FISCAL  YEAR  TWO  THOUSAND
ELEVEN--TWO THOUSAND TWELVE. BEGINNING IN STATE FISCAL YEAR TWO THOUSAND
TWELVE-TWO THOUSAND THIRTEEN AND THEREAFTER, THE STATE SHALL APPROPRIATE
AND  MAKE  AVAILABLE  GENERAL  FUND  OPERATING SUPPORT, INCLUDING FRINGE
BENEFITS, FOR THE STATE UNIVERSITY IN AN AMOUNT NOT LESS THAN THE AMOUNT

S. 5855                             3                            A. 8519

APPROPRIATED  AND  MADE  AVAILABLE  IN  THE  PRIOR  STATE  FISCAL  YEAR;
PROVIDED, HOWEVER, THAT IF THE GOVERNOR DECLARES A FISCAL EMERGENCY, AND
COMMUNICATES SUCH EMERGENCY TO THE TEMPORARY PRESIDENT OF THE SENATE AND
SPEAKER  OF  THE  ASSEMBLY,  STATE SUPPORT FOR OPERATING EXPENSES AT THE
STATE UNIVERSITY AND CITY UNIVERSITY MAY BE REDUCED IN A MANNER  PROPOR-
TIONATE  TO  ONE  ANOTHER,  AND  THE AFOREMENTIONED PROVISIONS SHALL NOT
APPLY.
  (IV) FOR THE STATE UNIVERSITY FISCAL  YEARS  COMMENCING  TWO  THOUSAND
ELEVEN--TWO  THOUSAND  TWELVE AND ENDING TWO THOUSAND FIFTEEN--TWO THOU-
SAND SIXTEEN, EACH UNIVERSITY CENTER MAY SET  ASIDE  A  PORTION  OF  ITS
TUITION  REVENUES  DERIVED  FROM  TUITION INCREASES TO PROVIDE INCREASED
FINANCIAL AID FOR NEW YORK STATE RESIDENT UNDERGRADUATE  STUDENTS  WHOSE
NET  TAXABLE  INCOME  IS  EIGHTY THOUSAND DOLLARS OR MORE SUBJECT TO THE
APPROVAL OF A NY-SUNY 2020 PROPOSAL BY THE GOVERNOR AND  THE  CHANCELLOR
OF THE STATE UNIVERSITY OF NEW YORK.  NOTHING IN THIS PARAGRAPH SHALL BE
CONSTRUED  AS  TO  AUTHORIZE  THAT  STUDENTS WHOSE NET TAXABLE INCOME IS
EIGHTY THOUSAND DOLLARS OR MORE  ARE  ELIGIBLE  FOR  TUITION  ASSISTANCE
PROGRAM AWARDS PURSUANT TO SECTION SIX HUNDRED SIXTY-SEVEN OF THIS CHAP-
TER.
  S  4.  Paragraph (a) of subdivision 7 of section 6206 of the education
law, as amended by chapter 327 of the laws of 2002,  the  opening  para-
graph  as  amended  by  section 2 of part O of chapter 58 of the laws of
2006, is amended to read as follows:
  (a) The board of  trustees  shall  establish  positions,  departments,
divisions  and  faculties; appoint and in accordance with the provisions
of law fix salaries of  instructional  and  non-instructional  employees
therein;  establish  and conduct courses and curricula; prescribe condi-
tions of student admission, attendance and discharge; and shall have the
power to determine in its discretion whether tuition  shall  be  charged
and  to  regulate  tuition  charges, and other instructional and non-in-
structional fees and other fees and charges at the educational units  of
the  city  university.  The trustees shall review any proposed community
college tuition increase and the justification for  such  increase.  The
justification  provided by the community college for such increase shall
include a detailed analysis of ongoing operating  costs,  capital,  debt
service  expenditures, and all revenues. The trustees shall not impose a
differential tuition charge based upon  need  or  income.  All  students
enrolled  in  programs  leading  to  like degrees at the senior colleges
shall be charged a uniform rate  of  tuition,  except  for  differential
tuition rates based on state residency[.], PROVIDED, HOWEVER, THAT:
  (I)  COMMENCING  WITH  THE  TWO  THOUSAND  ELEVEN--TWO THOUSAND TWELVE
ACADEMIC YEAR AND ENDING  IN  THE  TWO  THOUSAND  FIFTEEN--TWO  THOUSAND
SIXTEEN ACADEMIC YEAR, THE CITY UNIVERSITY OF NEW YORK BOARD OF TRUSTEES
SHALL  BE  EMPOWERED  TO  INCREASE  THE  RESIDENT  UNDERGRADUATE RATE OF
TUITION BY NOT MORE THAN THREE HUNDRED DOLLARS OVER THE RESIDENT  UNDER-
GRADUATE  RATE  OF TUITION ADOPTED BY THE BOARD OF TRUSTEES IN THE PRIOR
ACADEMIC YEAR, PROVIDED HOWEVER THAT IF THE ANNUAL RESIDENT  UNDERGRADU-
ATE  RATE  OF TUITION WOULD EXCEED FIVE THOUSAND DOLLARS, THEN A TUITION
CREDIT FOR EACH ELIGIBLE STUDENT, AS DETERMINED AND  CALCULATED  BY  THE
NEW YORK STATE HIGHER EDUCATION SERVICES CORPORATION PURSUANT TO SECTION
SIX  HUNDRED  EIGHTY-NINE-A OF THIS CHAPTER, SHALL BE APPLIED TOWARD THE
TUITION CHARGED FOR EACH SEMESTER, QUARTER OR TERM OF STUDY. TUITION FOR
EACH SEMESTER, QUARTER OR TERM OF STUDY SHALL NOT BE DUE FOR ANY STUDENT
ELIGIBLE TO RECEIVE SUCH TUITION CREDIT  UNTIL  THE  TUITION  CREDIT  IS
CALCULATED AND APPLIED AGAINST THE TUITION CHARGED FOR THE CORRESPONDING
SEMESTER, QUARTER OR TERM.

S. 5855                             4                            A. 8519

  (II)  ON  OR BEFORE NOVEMBER THIRTIETH, TWO THOUSAND ELEVEN, THE TRUS-
TEES SHALL APPROVE AND SUBMIT TO THE CHAIRS OF  THE  ASSEMBLY  WAYS  AND
MEANS  COMMITTEE AND THE SENATE FINANCE COMMITTEE AND TO THE DIRECTOR OF
THE BUDGET A MASTER TUITION PLAN SETTING FORTH THE  TUITION  RATES  THAT
THE  TRUSTEES  PROPOSE  FOR RESIDENT UNDERGRADUATE STUDENTS FOR THE FIVE
YEAR PERIOD COMMENCING WITH THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE
ACADEMIC YEAR AND ENDING  IN  THE  TWO  THOUSAND  FIFTEEN--TWO  THOUSAND
SIXTEEN  ACADEMIC YEAR, AND SHALL SUBMIT ANY PROPOSED AMENDMENTS TO SUCH
PLAN BY NOVEMBER THIRTIETH OF EACH SUBSEQUENT  YEAR  THEREAFTER  THROUGH
NOVEMBER THIRTIETH, TWO THOUSAND FIFTEEN.
  (III)  THE  STATE  SHALL APPROPRIATE ANNUALLY AND MAKE AVAILABLE STATE
SUPPORT FOR OPERATING EXPENSES, INCLUDING FRINGE BENEFITS, FOR THE  CITY
UNIVERSITY  IN  AN AMOUNT NOT LESS THAN THE AMOUNT APPROPRIATED AND MADE
AVAILABLE TO THE CITY UNIVERSITY  IN  STATE  FISCAL  YEAR  TWO  THOUSAND
ELEVEN--TWO THOUSAND TWELVE. BEGINNING IN STATE FISCAL YEAR TWO THOUSAND
TWELVE--TWO  THOUSAND THIRTEEN AND THEREAFTER, THE STATE SHALL APPROPRI-
ATE AND MAKE AVAILABLE STATE SUPPORT FOR OPERATING  EXPENSES,  INCLUDING
FRINGE  BENEFITS, FOR THE CITY UNIVERSITY IN AN AMOUNT NOT LESS THAN THE
AMOUNT APPROPRIATED AND MADE AVAILABLE IN THE PRIOR STATE  FISCAL  YEAR;
PROVIDED, HOWEVER, THAT IF THE GOVERNOR DECLARES A FISCAL EMERGENCY, AND
COMMUNICATES SUCH EMERGENCY TO THE TEMPORARY PRESIDENT OF THE SENATE AND
SPEAKER  OF  THE  ASSEMBLY,  STATE SUPPORT FOR OPERATING EXPENSES OF THE
STATE UNIVERSITY AND CITY UNIVERSITY MAY BE REDUCED IN A MANNER  PROPOR-
TIONATE  TO  ONE  ANOTHER,  AND  THE AFOREMENTIONED PROVISIONS SHALL NOT
APPLY.
  (A-1) The trustees shall further provide that the payment  of  tuition
and  fees  by any student who is not a resident of New York state, other
than a non-immigrant alien within  the  meaning  of  paragraph  (15)  of
subsection  (a)  of  section  1101 of title 8 of the United States Code,
shall be paid at a rate or charge  no  greater  than  that  imposed  for
students who are residents of the state if such student:
  (i)  attended  an approved New York high school for two or more years,
graduated from an approved New York high school and applied for  attend-
ance at an institution or educational unit of the city university within
five years of receiving a New York state high school diploma; or
  (ii)  attended  an  approved New York state program for general equiv-
alency diploma exam preparation, received a general equivalency  diploma
issued  within  New York state and applied for attendance at an institu-
tion or educational unit of the city university  within  five  years  of
receiving a general equivalency diploma issued within New York state; or
  (iii)  was  enrolled in an institution or educational unit of the city
university in the fall semester or quarter of the two thousand  one--two
thousand  two  academic  year  and was authorized by such institution or
educational unit to pay tuition  at  the  rate  or  charge  imposed  for
students who are residents of the state.
  A  student without lawful immigration status shall also be required to
file an affidavit with such institution or educational unit stating that
the student has filed an application to legalize his or her  immigration
status,  or will file such an application as soon as he or she is eligi-
ble to do so. [The] EXCEPT AS OTHERWISE AUTHORIZED IN PARAGRAPH  (A)  OF
THIS SUBDIVISION, THE trustees shall not adopt changes in tuition charg-
es  prior  to  the enactment of the annual budget. The board of trustees
may accept as partial reimbursement for the education of veterans of the
armed forces of the United States who are otherwise qualified such  sums
as  may  be authorized by federal legislation to be paid for such educa-
tion. The board of trustees may conduct on a fee basis extension courses

S. 5855                             5                            A. 8519

and courses for adult education  appropriate  to  the  field  of  higher
education.  In  all  courses  and  courses  of  study  it  may,  in  its
discretion, require students to pay library, laboratory, locker,  break-
age and other instructional and non-instructional fees and meet the cost
of  books and consumable supplies. In addition to the foregoing fees and
charges, the board of trustees may impose and collect fees  and  charges
for  student  government  and  other  student activities and receive and
expend them as agent or trustee.
  S 5. The education law is amended by adding a  new  section  689-a  to
read as follows:
  S  689-A.  TUITION  CREDITS.  1.  THE  NEW YORK STATE HIGHER EDUCATION
SERVICES CORPORATION SHALL CALCULATE A TUITION CREDIT FOR EACH  RESIDENT
UNDERGRADUATE STUDENT WHO HAS FILED AN APPLICATION WITH SUCH CORPORATION
FOR  A  TUITION ASSISTANCE PROGRAM AWARD PURSUANT TO SECTION SIX HUNDRED
SIXTY-SEVEN OF THIS ARTICLE, AND IS DETERMINED TO BE ELIGIBLE TO RECEIVE
SUCH AWARD, AND IS ALSO ENROLLED IN A PROGRAM OF UNDERGRADUATE STUDY  AT
A  STATE  OPERATED OR SENIOR COLLEGE OF THE STATE UNIVERSITY OF NEW YORK
OR THE CITY UNIVERSITY OF NEW YORK WHERE THE ANNUAL RESIDENT UNDERGRADU-
ATE TUITION RATE WILL EXCEED FIVE THOUSAND DOLLARS. SUCH TUITION  CREDIT
SHALL  BE  CALCULATED  FOR  EACH SEMESTER, QUARTER OR TERM OF STUDY THAT
TUITION IS CHARGED AND TUITION FOR THE CORRESPONDING  SEMESTER,  QUARTER
OR  TERM  SHALL  NOT  BE  DUE  FOR  ANY STUDENT ELIGIBLE TO RECEIVE SUCH
TUITION CREDIT UNTIL SUCH CREDIT IS CALCULATED, THE STUDENT  AND  SCHOOL
WHERE  THE STUDENT IS ENROLLED IS NOTIFIED OF THE TUITION CREDIT AMOUNT,
AND SUCH TUITION CREDIT IS APPLIED TOWARD THE TUITION CHARGED.
  2. EACH TUITION CREDIT PURSUANT TO THIS SECTION  SHALL  BE  AN  AMOUNT
EQUAL  TO THE PRODUCT OF THE TOTAL ANNUAL RESIDENT UNDERGRADUATE TUITION
RATE MINUS FIVE THOUSAND DOLLARS THEN MULTIPLIED BY AN AMOUNT  EQUAL  TO
THE  PRODUCT  OF  THE  TOTAL  ANNUAL  AWARD  FOR THE STUDENT PURSUANT TO
SECTION SIX HUNDRED SIXTY-SEVEN OF THIS ARTICLE  DIVIDED  BY  AN  AMOUNT
EQUAL TO THE MAXIMUM AMOUNT THE STUDENT QUALIFIES TO RECEIVE PURSUANT TO
CLAUSE  (A)  OF  SUBPARAGRAPH (I) OF PARAGRAPH A OF SUBDIVISION THREE OF
SECTION SIX HUNDRED SIXTY-SEVEN OF THIS ARTICLE.
  S 6. Section 355 of the education law  is  amended  by  adding  a  new
subdivision 6-a to read as follows:
  6-A.  THE STATE UNIVERSITY TRUSTEES SHALL ADOPT GUIDELINES FOR FOUNDA-
TIONS OF STATE-OPERATED CAMPUSES THAT REQUIRE EACH FOUNDATION TO ADOPT A
CONFLICT OF INTEREST POLICY APPLICABLE TO SUCH FOUNDATION AND ITS AFFIL-
IATED CORPORATIONS. AMONG OTHER ITEMS, THE  STATE  UNIVERSITY  TRUSTEES'
GUIDELINES  SHALL  REQUIRE SUCH FOUNDATION POLICIES TO PROVIDE: (A) THAT
SERVICE AS A BOARD MEMBER OR OFFICER THEREOF SHALL  NOT  BE  USED  AS  A
MEANS  FOR PRIVATE BENEFIT OR INUREMENT FOR THE BOARD MEMBER OR OFFICER,
A RELATIVE THEREOF, OR ANY ENTITY IN WHICH THE BOARD MEMBER OR  OFFICER,
OR  RELATIVE  THEREOF,  HAS  A BUSINESS INTEREST; (B) NO BOARD MEMBER OR
OFFICER WHO IS A VENDOR OF GOODS OR SERVICES TO THE  FOUNDATION  OR  ITS
AFFILIATED  CORPORATION,  OR WHO HAS A BUSINESS INTEREST IN SUCH VENDOR,
OR WHOSE RELATIVE HAS A BUSINESS INTEREST IN SUCH VENDOR, SHALL VOTE ON,
OR PARTICIPATE IN THE FOUNDATION'S ADMINISTRATION  OF,  ANY  TRANSACTION
WITH  SUCH  VENDOR;  AND  (C) A BOARD MEMBER OR OFFICER SHALL ADVISE THE
CHAIR OF THE FOUNDATION OR ITS AFFILIATED CORPORATION OF HIS OR A  RELA-
TIVE'S  BUSINESS  INTEREST  IN ANY SUCH EXISTING OR PROPOSED VENDOR WITH
THE FOUNDATION OR ITS AFFILIATE. THE STATE UNIVERSITY  TRUSTEES'  GUIDE-
LINES  SHALL  DEFINE THE NATURE OF A BUSINESS INTEREST AND THE CLOSENESS
OF A PERSONAL RELATION THAT BRING A RELATIONSHIP WITHIN THE PURPOSES  OF
THIS SUBDIVISION.

S. 5855                             6                            A. 8519

  S  7.  Section  1 of chapter 174 of the laws of 1968, constituting the
New York state urban development corporation act, is amended by adding a
new section 45 to read as follows:
  S  45.  NY-SUNY 2020.   1. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER
LAW TO THE CONTRARY, THE URBAN DEVELOPMENT CORPORATION OF THE  STATE  OF
NEW  YORK  IS  HEREBY  AUTHORIZED TO ISSUE BONDS OR NOTES IN ONE OR MORE
SERIES FOR THE PURPOSE OF FUNDING PROJECT COSTS FOR  THE  IMPLEMENTATION
OF  A  NY-SUNY 2020 CHALLENGE GRANT PROGRAM SUBJECT TO THE APPROVAL OF A
NY-SUNY 2020 PLAN OR PLANS BY THE GOVERNOR AND  THE  CHANCELLOR  OF  THE
STATE  UNIVERSITY  OF  NEW YORK. THE AGGREGATE PRINCIPAL AMOUNT OF BONDS
AUTHORIZED TO BE ISSUED  PURSUANT  TO  THIS  SECTION  SHALL  NOT  EXCEED
$80,000,000,  EXCLUDING  BONDS  ISSUED  TO FUND ONE OR MORE DEBT SERVICE
RESERVE FUNDS, TO PAY COSTS OF ISSUANCE OF  SUCH  BONDS,  AND  BONDS  OR
NOTES ISSUED TO REFUND OR OTHERWISE REPAY SUCH BONDS OR NOTES PREVIOUSLY
ISSUED.  SUCH  BONDS AND NOTES OF THE CORPORATION SHALL NOT BE A DEBT OF
THE STATE, AND THE STATE SHALL NOT BE LIABLE THEREON, NOR SHALL THEY  BE
PAYABLE  OUT  OF ANY FUNDS OTHER THAN THOSE APPROPRIATED BY THE STATE TO
THE CORPORATION FOR PRINCIPAL, INTEREST, AND RELATED  EXPENSES  PURSUANT
TO A SERVICE CONTRACT AND SUCH BONDS AND NOTES SHALL CONTAIN ON THE FACE
THEREOF  A  STATEMENT  TO  SUCH EFFECT. EXCEPT FOR PURPOSES OF COMPLYING
WITH THE INTERNAL REVENUE CODE,  ANY  INTEREST  INCOME  EARNED  ON  BOND
PROCEEDS SHALL ONLY BE USED TO PAY DEBT SERVICE ON SUCH BONDS.
  2. NOTWITHSTANDING ANY OTHER LAW, RULE, OR REGULATION TO THE CONTRARY,
THE  COMPTROLLER  IS  HEREBY  AUTHORIZED  AND DIRECTED TO DEPOSIT TO THE
CREDIT OF THE CAPITAL PROJECTS FUND, REIMBURSEMENT FROM THE PROCEEDS  OF
NOTES  OR BONDS ISSUED BY THE URBAN DEVELOPMENT CORPORATION OF THE STATE
OF NEW YORK FOR CAPITAL DISBURSEMENTS OF  UP  TO  $80,000,000  FROM  ANY
APPROPRIATION  OR REAPPROPRIATION AUTHORIZED BY A CHAPTER OF THE LAWS OF
2011 FOR NY-SUNY 2020 CHALLENGE GRANTS.
  3. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW  TO  THE  CONTRARY,  IN
ORDER  TO  ASSIST  THE  URBAN DEVELOPMENT CORPORATION IN UNDERTAKING THE
FINANCING FOR  PROJECT  COSTS  FOR  THE  NY-SUNY  2020  CHALLENGE  GRANT
PROGRAM,  THE  DIRECTOR OF THE BUDGET IS HEREBY AUTHORIZED TO ENTER INTO
ONE OR MORE SERVICE CONTRACTS WITH THE CORPORATION, NONE OF WHICH  SHALL
EXCEED  THIRTY  YEARS IN DURATION, UPON SUCH TERMS AND CONDITIONS AS THE
DIRECTOR OF THE BUDGET AND THE CORPORATION  AGREE,  SO  AS  TO  ANNUALLY
PROVIDE  TO  THE  CORPORATION, IN THE AGGREGATE, A SUM NOT TO EXCEED THE
PRINCIPAL, INTEREST, AND RELATED EXPENSES REQUIRED FOR  SUCH  BONDS  AND
NOTES.  ANY SERVICE CONTRACT ENTERED INTO PURSUANT TO THIS SECTION SHALL
PROVIDE THAT THE OBLIGATION OF THE  STATE  TO  PAY  THE  AMOUNT  THEREIN
PROVIDED  SHALL NOT CONSTITUTE A DEBT OF THE STATE WITHIN THE MEANING OF
ANY CONSTITUTIONAL OR STATUTORY PROVISION AND SHALL BE DEEMED  EXECUTORY
ONLY  TO  THE  EXTENT OF MONIES AVAILABLE AND THAT NO LIABILITY SHALL BE
INCURRED BY THE STATE BEYOND THE  MONIES  AVAILABLE  FOR  SUCH  PURPOSE,
SUBJECT TO ANNUAL APPROPRIATION BY THE LEGISLATURE. ANY SUCH CONTRACT OR
ANY  PAYMENTS  MADE OR TO BE MADE THEREUNDER MAY BE ASSIGNED AND PLEDGED
TO THE CORPORATION AS SECURITY FOR ITS BONDS AND NOTES, AS AUTHORIZED BY
THIS SECTION.
  S 8. SUNY capital commitment.  Notwithstanding any provision  of  law,
rule  or  regulation  to  the  contrary, of the amounts appropriated and
designated as university wide within chapter 54 of the laws of 2011  for
the  state  university  of New York or the state university construction
fund, a total amount of $60,000,000 shall be divided equally amongst the
university centers and such allocations shall be made available to  each
university  center,  as  defined  by subdivision 7 of section 350 of the
education law, for purposes  and  projects  identified  in  a  plan  and

S. 5855                             7                            A. 8519

approved  by  the governor and the chancellor of the state university of
New York, and filed with the office of the  state  comptroller  for  the
NY-SUNY  2020  challenge  grant  program.  Such funds shall be available
during the 2011-12 academic year and thereafter.
  S  9.  University  center capital program flexibility. Notwithstanding
any provision of law, rule or regulation to the contrary, of the amounts
appropriated within chapter 54 of the laws of 2011 for the state univer-
sity of New York or the state university construction fund:
  (1) designated amounts from advances for alterations and  improvements
to  facilities  for capital critical maintenance appropriations or reap-
propriations currently available to the university  centers  at  Albany,
Binghamton, Buffalo, and Stony Brook; or
  (2)  advances to SUNY hospitals, shall be made available, for purposes
and projects identified in a plan and approved by the governor  and  the
chancellor  of  the  state  university  of  New York, and filed with the
office of the state comptroller for the  NY-SUNY  2020  challenge  grant
program.  The  funding  from  such  appropriations, reappropriations and
advances that are designated to be  utilized  in  such  plans  shall  be
specifically  identified  and shall be submitted to the temporary presi-
dent of the senate and speaker of the assembly at least 15 days prior to
the approval of the plan by the governor and the chancellor. Such  funds
shall be available during the 2011-12 academic year and thereafter.
  S 10. (a) The amount specified in this act for state operations, or so
much  thereof  as  shall be sufficient to accomplish the purposes desig-
nated by the appropriation, is hereby appropriated and authorized to  be
paid as hereinafter provided, to the purposes specified.
  (b)  No moneys appropriated by this act shall be available for payment
until a certificate of approval has been issued by the director  of  the
budget, who shall file such certificate with the department of audit and
control,  the chairperson of the senate finance committee and the chair-
person of the assembly ways and means committee.
  (c) The appropriations contained in this act shall be available  imme-
diately.

                      STATE UNIVERSITY OF NEW YORK

  Special Revenue Funds - Other
  State University Income Fund
  State University Revenue Offset Account

For services and expenses of state universi-
  ty  operations and activities supported by
  tuition .................................... $52,200,000
  S 11. (a) The amount specified in this act for state operations, or so
much thereof as shall be sufficient to accomplish  the  purposes  desig-
nated  by the appropriation, is hereby appropriated and authorized to be
paid as hereinafter provided, to the purposes specified.
  (b) No moneys appropriated by this act shall be available for  payment
until  a  certificate of approval has been issued by the director of the
budget, who shall file such certificate with the department of audit and
control, the chairperson of the senate finance committee and the  chair-
person of the assembly ways and means committee.
  (c)  The appropriations contained in this act shall be available imme-
diately.

S. 5855                             8                            A. 8519

                       CITY UNIVERSITY OF NEW YORK

  Fiduciary Funds
  CUNY Senior College Operating Fund
  CUNY Senior College Operating Account

For services and expenses of city university
  operations  and  activities  supported  by
  tuition .................................... $76,300,000
  S 12.  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, 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 13. Notwithstanding the provisions of any general, special, or local
law or judicial decision to the contrary:
  (a) Any university center campus related  foundation,  alumni  associ-
ation  or  affiliate  thereof, any not-for-profit corporation or associ-
ation organized by the president of a university center 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 a university center at Albany,  Bingham-
ton, or Stony Brook may require a contractor awarded a contract, subcon-
tract,  lease, grant, bond, covenant or other agreement for a project to
enter into a project labor agreement during and for  the  work  involved
with  such  project  when  such  requirement  is part of any request for
proposals on behalf of such university centers for the project. When any
such university center campus related foundation, alumni association  or
affiliate  thereof, any not-for-profit corporation or association organ-
ized by the president of a university center to further its purposes, or
any limited liability company whose sole member is any of the  foregoing

S. 5855                             9                            A. 8519

entities,  or  the  State  University  of New York, the State University
Construction Fund, or the Dormitory Authority of the State of New  York,
on  behalf  of a university center at Albany, Binghamton, or Stony Brook
determine  that the record supporting the decision to enter into such an
agreement establishes that  the  interests  underlying  the  competitive
bidding laws are best met by requiring a project labor agreement includ-
ing:  obtaining  the  best work at the lowest possible price; preventing
favoritism, fraud and corruption; the impact of delay;  the  possibility
of cost savings; and any local history of labor unrest.
  (b)  If  any  such university center campus related foundation, alumni
association or affiliate  thereof,  any  not-for-profit  corporation  or
association organized by the president of a university center 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 a university center at Albany,  Bingham-
ton, or Stony Brook does not require a project labor agreement, then any
contractor,  subcontractor, lease, grant, bond, covenant or other agree-
ments for a project shall be awarded pursuant  to  section  135  of  the
state finance law.
  S  14.  Section  359  of  the education law is amended by adding a new
subdivision 5 to read as follows:
  5. THE STATE UNIVERSITY TRUSTEES SHALL CONDUCT A STUDY  REGARDING  THE
EFFECTIVENESS AND FUNCTIONALITY OF THE NEW YORK STATE TUITION ASSISTANCE
PROGRAM,  WHICH  SHALL  CONSIDER A VARIETY OF FACTORS INCLUDING, BUT NOT
LIMITED TO, THE COSTS ASSOCIATED WITH PURSUING A DEGREE IN UNDERGRADUATE
STUDY, CURRENT TUITION ASSISTANCE PROGRAM THRESHOLDS AND  AWARD  LEVELS,
CURRENT  ELIGIBILITY  CRITERIA TO QUALIFY FOR AN AWARD UNDER THE TUITION
ASSISTANCE PROGRAM, AND ANY OTHER INFORMATION THE TRUSTEES DETERMINE  TO
BE RELEVANT. THE STUDY SHALL ALSO INCLUDE RECOMMENDATIONS TO IMPROVE THE
TUITION ASSISTANCE PROGRAM TO BETTER MEET THE FUTURE FINANCIAL AID NEEDS
OF  STUDENTS WHO RESIDE IN NEW YORK STATE AND TO ENSURE CONTINUED ACCESS
AND AFFORDABILITY OF THE STATE UNIVERSITY OF NEW YORK. THE  STUDY  SHALL
BE SUBMITTED TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE
SPEAKER OF THE ASSEMBLY, THE DIRECTOR OF THE DIVISION OF THE BUDGET, THE
SENATE  FINANCE COMMITTEE, THE ASSEMBLY WAYS AND MEANS COMMITTEE AND THE
HIGHER EDUCATION COMMITTEES OF THE  LEGISLATURE  ON  OR  BEFORE  OCTOBER
FIRST,  TWO  THOUSAND  THIRTEEN. IN ADDITION, THE STATE UNIVERSITY SHALL
ANNUALLY EXAMINE AND REPORT ON EACH STATE-OPERATED   CAMPUS' EFFORTS  TO
PROMOTE  FISCAL STABILITY FOR THE DURATION OF THE FIVE YEAR TUITION PLAN
BY IMPLEMENTING COST SAVING MEASURES AND INCREASING FUNDRAISING EFFORTS.
FURTHER, THE TRUSTEES SHALL PERIODICALLY REVIEW THEIR PATENT POLICIES TO
ENSURE COMPETITIVENESS, AND SHALL ANNUALLY REPORT  ON  HOW  THE  REVENUE
GENERATED BY THIS PARAGRAPH HAS HELPED RETAIN AND GROW FULL-TIME FACULTY
AND  INCREASE  PROGRAM  AVAILABILITY.  THE UNIVERSITY CENTERS SHALL ALSO
REPORT ANNUALLY TO THE STATE UNIVERSITY TRUSTEES ON HOW RESEARCH REVENUE
YIELDS QUANTIFIABLE RESULTS FOR EACH OF  THE  FOUR  CAMPUSES  AND  STATE
UNIVERSITY  OF  NEW  YORK AT BUFFALO AND STATE UNIVERSITY OF NEW YORK AT
STONY BROOK SHALL ADDITIONALLY REPORT ON WHAT EACH CAMPUS  IS  DOING  TO
MAINTAIN THEIR AAU STATUS.
  S  15.  Section  6206  of the education law is amended by adding a new
subdivision 17 to read as follows:
  17. THE CITY UNIVERSITY TRUSTEES SHALL CONDUCT A STUDY  REGARDING  THE
EFFECTIVENESS AND FUNCTIONALITY OF THE NEW YORK STATE TUITION ASSISTANCE
PROGRAM,  WHICH  SHALL  CONSIDER A VARIETY OF FACTORS INCLUDING, BUT NOT
LIMITED TO, THE COSTS ASSOCIATED WITH PURSUING A DEGREE IN UNDERGRADUATE

S. 5855                            10                            A. 8519

STUDY, CURRENT TUITION ASSISTANCE PROGRAM THRESHOLDS AND  AWARD  LEVELS,
CURRENT  ELIGIBILITY  CRITERIA TO QUALIFY FOR AN AWARD UNDER THE TUITION
ASSISTANCE PROGRAM AND ANY OTHER INFORMATION THE TRUSTEES  DETERMINE  TO
BE RELEVANT. THE STUDY SHALL ALSO INCLUDE RECOMMENDATIONS TO IMPROVE THE
TUITION ASSISTANCE PROGRAM TO BETTER MEET THE FUTURE FINANCIAL AID NEEDS
OF  STUDENTS WHO RESIDE IN NEW YORK STATE AND TO ENSURE CONTINUED ACCESS
AND AFFORDABILITY OF THE CITY UNIVERSITY OF NEW YORK. THE STUDY SHALL BE
SUBMITTED TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF  THE  SENATE,  THE
SPEAKER  OF  THE  ASSEMBLY,  THE DIRECTOR OF THE DIVISION OF BUDGET, THE
SENATE FINANCE COMMITTEE, THE ASSEMBLY WAYS AND MEANS COMMITTEE AND  THE
HIGHER  EDUCATION  COMMITTEES  OF  THE  LEGISLATURE ON OR BEFORE OCTOBER
FIRST, TWO THOUSAND THIRTEEN. IN ADDITION,  THE  CITY  UNIVERSITY  SHALL
ANNUALLY  EXAMINE  AND  REPORT ON EACH STATE-OPERATED CAMPUS' EFFORTS TO
PROMOTE FISCAL STABILITY FOR THE DURATION OF THE FIVE YEAR TUITION  PLAN
BY IMPLEMENTING COST SAVING MEASURES AND INCREASING FUNDRAISING EFFORTS.
  S 16. This act shall take effect July 1, 2011 and shall expire 5 years
after such effective date when upon such date the provisions of this act
shall be deemed repealed.

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