NY State Senate Bill 2015-S5315A

Senate Bill S5315A

2015-2016 Legislative Session

Authorizes the board of trustees of the state university to contract with the research foundation of the state university for the establishment of a statewide network of 125 surface weather stations

download bill text pdf

Archive: Last Bill Status - In Senate Committee Higher Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to higher education
Jun 25, 2015	committed to rules
Jun 10, 2015	amended on third reading 5315a
Jun 08, 2015	advanced to third reading
Jun 03, 2015	2nd report cal.
Jun 02, 2015	1st report cal.1289
May 13, 2015	referred to higher education

Votes

- Jun 2, 2015 - Higher Education Committee Vote
  S5315A
  
  17
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Higher Education Committee Vote: Jun 2, 2015
      
      aye (17)
      
      Breslin
      
      Croci
      
      Espaillat
      
      Funke
      
      Gallivan
      
      Krueger
      
      LaValle
      
      Ortt
      
      Parker
      
      Peralta
      
      Ritchie
      
      Rivera
      
      Robach
      
      Serino
      
      Seward
      
      Stavisky
      
      Valesky
      
      aye wr (1)
      
      Griffo

Bill Amendments

Original

A (Active)

2015-S5315 - Details

See Assembly Version of this Bill:: A7618
Current Committee:: Senate Higher Education
Law Section:: New York State University

2015-S5315 - Summary

Authorizes the board of trustees of the state university to contract with the research foundation of the state university for the establishment of a statewide network of 125 surface weather stations.

2015-S5315 - Sponsor Memo

                                BILL NUMBER:S5315

TITLE OF BILL:  An act to authorize the board of trustees of the state
university of New York to establish an advanced weather observing
network across the state

PURPOSE:

Authorizes the board of trustees of the state university to contract
with the research foundation of the state university for the establish-
ment of a statewide network of 125 surface weather stations.

SUMMARY OF PROVISIONS:

Section 1: States the legislative findings that the establishment by the
state university of New York of an advanced weather observing network to
expand weather detection coverage across the state serves the public
interest.

Section 2: Authorizes the SUNY Board of Trustees or its designee(s) to
contract to make lands available to the Research Foundation for the
State University of New York for the purpose of constructing, install-
ing, erecting, maintaining, replacing, testing, calibrating and decon-
structing surface weather stations with the approval of the president of
the campus upon which the land is located. Rights of ingress and egress
access to the plot of land would also be authorized for such purpose.

Grounds would be limited to plots of contiguous land not to exceed 400
linear feet per site (less than .23 acres) and each site is required to
be located at least 300 feet from the nearest obstacle or potential heat
source. Contracts for such properties would be limited to 40 years. In
the event that the land ceases to be used for the purpose describe here-
in, the contract would terminate immediately and the land would be
required to be restored to its original state.

Section 3: Requires any contacts entered into as a result of this act
must include prevailing wage.

Section 4: States that nothing in this bill shall waive, impair any
right or benefit of employees of SUNY and any work performed on property
that ordinarily would be performed by employees will continue to be
performed by employees.

Section 5: All contracts executed pursuant to this legislation shall
include indemnity provision.

Section 6: Requires contracts entered due to this act between the
research foundation for the state university of New York and parties
contracting with the research foundation shall be awarded by competitive
bidding process.

Section 7: Establishes a three year time frame within which any such
contracts shall be executed.

Section 8: Insofar as the provisions of this act are inconsistent with
the provisions of any other provision of law, the provisions of this act
shall be controlling.

Section 9: This act shall take effect immediately.

JUSTIFICATION:

Studies have shown that during recent decades there has been a clear
trend toward more extreme precipitation in the northeastern United
States, including New York State. Since 2006, there have been 20 FEMA
declared disasters and emergencies in New York State. Four of these
events were associated with winter weather (snowstorms and/or lake-ef-
fect snow) while the other sixteen were associated with severe weather
and/or flooding (including tropical systems Irene and Sandy).  According
to a 2011 study published by the American Meteorological Society, New
York is also the most vulnerable of the 50 states to the negative
economic effects of weather variability.

There is a need and opportunity to strengthen the New York State infras-
tructure and economy with an enhanced Weather Enterprise based on model-
ing and prediction research combined with enhanced observing systems.
Federal funding ($23.6 million) from FEMA through the NYS Division of
Homeland Security and Emergency Services has been secured by the
Research Foundation for the State University of New York on behalf of
University at Albany scientists for a weather station network consisting
of up to 125 surface weather stations, with at least one in every coun-
ty. The State University system's geographic diversity, particularly in
Upstate NY make SUNY campuses suitable potential sites for these weather
stations. However, the Research Foundation for the State University of
New York ("RF") is not currently authorized to undertake the activities
necessary to construct or maintain these towers on SUNY campuses. Leases
or transfers of ownership for these plots of land are not necessary;
however, a contract such as a use permit authorizing the RF to
construct, install, erect, maintain, replace, test, calibrate, and
deconstruct the weather station along with access rights to the plot of
land for such activities would be sufficient. Under this b ill, lands on
SUNY campuses would not be available for such contracts unless the Pres-
ident of the campus authorizes the use of the land for such purposes.

The National Weather Service is currently served by 27 high quality
weather stations which, while valuable, leave significant gaps in the
network. New York would benefit from more accurate high quality atmo-
spheric data, transmitted every five minutes by the new weather
stations. Real-time data such as rainfall totals, temperature change,
and wind monitoring help emergency management officials assess situ-
ations and direct resources efficiently, whether to evacuate residents
or mitigate damages for vulnerable sectors such as road and rail trans-
portation, aviation, energy, agriculture, tourism, and commerce. As an
example, the additional data will lead to more accurate short-term model
predictions to help the State Transportation Department decide when and
where to deploy crews during blizzards and other extreme weather events.

LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATIONS:

The project has been awarded $23.6 million in Federal funding.

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S5315 - Bill Text download pdf

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

                                  5315

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 13, 2015
                               ___________

Introduced  by  Sen. AMEDORE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Higher Education

AN ACT to authorize the board of trustees of the state university of New
  York to establish an advanced weather  observing  network  across  the
  state

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

  Section 1. Legislative findings. The legislature hereby finds that the
establishment by the state university of New York of an advanced weather
observing network to expand weather detection coverage across the  state
serves  the  public  interest.  This  network  will consist of up to 125
surface weather stations, with at least one site deployed in every coun-
ty in the state, to complement existing weather networks and  provide  a
wide  range  of sectors, such as agriculture, energy, transportation and
emergency responders with access to high resolution, real-time data  for
emergency  management  purposes,  and fulfills a necessary and desirable
public purpose.
  The legislature further finds that granting the board of  trustees  of
the  state  university of New York the authority and power to enter into
contracts with the research foundation for the state university  of  New
York to make available the grounds and facilities of the campuses of the
state  university  for  the  purpose  of  constructing  surface  weather
stations will ensure such activity and promote weather  data  collection
across the state.
  S  2.  Notwithstanding any other provision of law to the contrary, the
board of trustees of the state university, or its designee or designees,
is hereby authorized and  empowered,  without  any  public  bidding,  to
contract  to make available grounds at any campus of the state universi-
ty, with the approval of the president of such campus, to  the  research
foundation  for  the  state  university  of  New York for the purpose of
constructing a surface weather station. Each such  grounds  shall  be  a

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10548-01-5

S. 5315                             2

plot of contiguous land not to exceed 400 linear feet in total perimeter
per  site  and  each surface weather station shall be sited at least 300
feet from the nearest obstacle or potential heat source. Such  contracts
shall  be  for  a  term  not  exceeding 40 years, without any fee simple
conveyance and otherwise upon such terms  and  conditions  as  shall  be
determined  by  such  board  of  trustees, or its designee or designees,
subject to the approval of the director  of  the  budget,  the  attorney
general and the state comptroller. Such contracts shall include granting
the  research  foundation  for  the  state  university  of New York, its
employees, agents  and  contractors  authority  to  construct,  install,
erect,  maintain,  replace,  test,  calibrate  and deconstruct a surface
weather station on the plot of land that is the subject of such contract
and reasonable rights of ingress and egress access to the plot  of  land
that  is  the  subject of such contract. The research foundation for the
state university shall not assign any such contract or any rights grant-
ed therein. In the event that the real property that is the  subject  of
such  a  contract  shall  cease to be used for the purposes described in
this act, such contract shall immediately terminate and the real proper-
ty shall be restored to its original state.
  All contracts or agreements entered into by the board of  trustees  of
the state university and the research foundation for the state universi-
ty pursuant to this act shall provide that any real property made avail-
able  to  the  research  foundation for the state university pursuant to
this act shall be restored to its original state upon the expiration  of
the contract that makes grounds available to such research foundation.
  S  3. Notwithstanding any provision of law or judicial decision to the
contrary, all work performed on a project authorized by this act,  where
all  or  any  portion  thereof  involves  a  contract  or  agreement for
construction, demolition,  reconstruction,  excavation,  rehabilitation,
repair,  renovation,  alteration  or  improvement shall be deemed public
work and shall be subject  to  and  performed  in  accordance  with  the
provisions  of  article 8 of the labor law to the same extent and in the
same manner as a contract of the state,  and  compliance  with  all  the
provisions  of  such  article  8  shall be required of any contractor or
subcontractor on the project including  the  enforcement  of  prevailing
wage  requirements  by the fiscal officer,  as defined in paragraph e of
subdivision 5 of section 220 of the labor law, to the same extent  as  a
contract of the state.
  S  4. Nothing in this act shall be deemed to waive or impair any right
or benefit of employees of the state university of New York that  other-
wise  would  be  available  to  them pursuant to the terms of agreements
between the employee organization of such employees and the state pursu-
ant to article 14 of the civil service law and  all  work  performed  on
such property that ordinarily would be performed by such employees shall
continue to be performed by those employees.
  S  5.  Every  contract  executed pursuant to this act shall include an
indemnity provision  whereby  the  research  foundation  for  the  state
university of New York shall be responsible to, and shall defend, indem-
nify  and  hold harmless the state and the state university of New York,
and their respective officers, trustees, directors, employees and agents
from and against any and all losses, expenses, damages and  liabilities,
including  reasonable attorneys' fees, arising out of the intentional or
negligent acts or omissions of the research  foundation  for  the  state
university  of  New  York, its officers, employees, agents, licensees or
contractors.

S. 5315                             3

  S 6. All contracts or agreements entered into  pursuant  to  this  act
between the research foundation for the state university of New York and
parties contracting with the research foundation for the state universi-
ty of New York shall be awarded by a competitive bidding process.
  S  7.  The  state  university  of  New York shall not contract to make
available lands described in this act unless any such contract shall  be
executed within three years of the effective date of this act.
  S  8.  Insofar as the provisions of this act are inconsistent with the
provisions of any other provision of law, the  provisions  of  this  act
shall be controlling.
  S 9. This act shall take effect immediately.

2015-S5315A (ACTIVE) - Details

See Assembly Version of this Bill:: A7618
Current Committee:: Senate Higher Education
Law Section:: New York State University

2015-S5315A (ACTIVE) - Summary

Authorizes the board of trustees of the state university to contract with the research foundation of the state university for the establishment of a statewide network of 125 surface weather stations.

2015-S5315A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5315A

TITLE OF BILL:

An act to authorize the board of trustees of the state university of
New York to establish an advanced weather observing network across the
state

PURPOSE:

Authorizes the board of trustees of the state university to contract
with the research foundation of the state university for the
establishment and maintenance of a statewide network of 125 surface
weather stations

SUMMARY OF PROVISIONS:

Section 1: States the legislative findings that the establishment by
the state university of New York of an advanced weather observing
network to expand weather detection coverage across the state serves
the public interest.

Section 2: Authorizes the SUNY Board of Trustees or its designee(s) to
enter into contracts to permit the use of grounds of facilities of the
campuses of the state university for the purpose of constructing,
installing, erecting, maintaining, replacing, testing, calibrating and

deconstructing surface weather stations with the approval of the
president of the campus upon which the land is located. Rights of
ingress and egress access to the plot of land would also be authorized
for such purpose. Grounds would be limited to plots of contiguous land
not to exceed 400 linear feet per site (less than 23 acres) and each
site is required to be located at least 300 feet from the nearest
obstacle or potential heat source. The legislation provides that only
one surface weather station shall be constructed on a campus however,
more than one station may be constructed on the same campus if such
stations are 25 or more miles apart. Contracts for such properties
would be limited to 40 years. In the event that the land ceases to be
used for the purpose describe herein, the contract would terminate
immediately and the land would be required to be restored to its
original state.

Section 3: Requires any contacts entered into as a result of this act
must include prevailing wage.

Section 4: States that nothing in this bill shall waive, impair any
right or benefit of employees of SUNY and any work performed on
property that ordinarily would be performed by employees will continue
to be performed by employees.

Section 5: All contracts executed pursuant to this legislation shall
include indemnity provision.

Section 6: Requires contracts entered due to this act between the
research foundation for the state university of New York and parties
contracting with the research foundation shall be awarded by
competitive bidding process.


Section 7: Establishes a three year time frame within which any such
contracts shall be executed.

Section 8: Insofar as the provisions of this act are inconsistent with
the provisions of any other provision of law, the provisions of this
act shall be controlling.

Section 9: This act shall take effect immediately.

JUSTIFICATION:

Studies have shown that during recent decades there has been a clear
trend toward more extreme precipitation in the northeastern United
States, including New York State. Since 2006, there have been 20 FEMA
declared disasters and emergencies in New York State. Four of these
events were associated with winter weather (snowstorms and/or
lake-effect snow) while the other sixteen were associated with severe
weather and/or flooding (including tropical systems Irene and Sandy).
According to a 2011 study published by the American Meteorological
Society, New York is also the most vulnerable of the 50 states to the
negative economic effects of weather variability.

There is a need and opportunity to strengthen the New York State
infrastructure and economy with an enhanced Weather Enterprise based
on modeling and prediction research combined with enhanced observing
systems. Federal funding ($23.6 million) from FEMA through the NYS
Division of Homeland Security and Emergency Services has been secured
by the Research Foundation for the State University of New York on
behalf of University at Albany scientists for a weather station
network consisting of up to 125 surface weather stations, with at
least one in every county. The State University system's geographic
diversity, particularly in Upstate NY make SUNY campuses suitable
potential sites for these weather stations. However, the Research
Foundation for the State University of New York ("RF") is not
currently authorized to undertake the activities necessary to
construct or maintain these towers on SUNY campuses. Leases or
transfers of ownership for these plots of land are not necessary;
however, a contract such as a use permit authorizing the RF to
construct, install, erect, maintain, replace, test, calibrate, and
deconstruct the weather station along with access rights to the plot
of land for such activities would be sufficient. Under this bill,
lands on SUNY campuses would not be available for such contracts
unless the President of the campus authorizes the use of the land for
such purposes.

The National Weather Service is currently served by 27 high quality
weather stations which, while valuable, leave significant gaps in the
network, New York would benefit from more accurate high quality
atmospheric data, transmitted every five minutes by the new weather
stations,, Real-time data such as rainfall totals, temperature change,
and wind monitoring help emergency management officials assess
situations and direct resources efficiently, whether to evacuate
residents or mitigate damages for vulnerable sectors such as road and
rail transportation, aviation, energy, agriculture, tourism, and
commerce. As an example, the additional data will lead to more
accurate short-term model predictions to help the State Transportation


Department decide when and where to deploy crews during blizzards and
other extreme weather events.

LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATIONS:

The project has been awarded $23 6 million in Federal funding.

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S5315A (ACTIVE) - Bill Text download pdf

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

                                 5315--A
    Cal. No. 1289

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 13, 2015
                               ___________

Introduced  by  Sen. AMEDORE -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Higher  Education  --
  reported  favorably  from  said committee, ordered to first and second
  report, ordered to a third reading,  amended  and  ordered  reprinted,
  retaining its place in the order of third reading

AN ACT to authorize the board of trustees of the state university of New
  York  to  establish  an  advanced weather observing network across the
  state

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

  Section 1. Legislative findings. The legislature hereby finds that the
establishment by the state university of New York of an advanced weather
observing  network to expand weather detection coverage across the state
serves the public interest. This network  will  consist  of  up  to  125
surface weather stations, with at least one site deployed in every coun-
ty  in  the state, to complement existing weather networks and provide a
wide range of sectors, such as agriculture, energy,  transportation  and
emergency  responders with access to high resolution, real-time data for
emergency management purposes, and fulfills a  necessary  and  desirable
public purpose.
  The  legislature  further finds that granting the board of trustees of
the state university of New York the authority and power to  enter  into
contracts  with  the research foundation for the state university of New
York to permit the use of grounds and facilities at any of the  campuses
of  the  state  university  for  the limited purpose of constructing and
maintaining surface weather  stations  will  ensure  such  activity  and
promote weather data collection across the state.
  S  2.  Notwithstanding any other provision of law to the contrary, the
board of trustees of the state university, or its designee or designees,
is hereby authorized and  empowered,  without  any  public  bidding,  to
contract  to  permit  the use of grounds and facilities at any campus of

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

                                                           LBD10548-05-5

S. 5315--A                          2

the state university, with the approval of the president of such campus,
to the research foundation for the state university of New York for  the
purpose  of constructing surface weather stations. Each such grounds and
facilities  shall  be a plot of contiguous land not to exceed 400 linear
feet in total perimeter per site and shall not exceed .25 acres per site
and provided that each surface weather station shall be sited  at  least
300  feet  from the nearest obstacle or potential heat source.  Provided
further not more than one surface weather station shall  be  constructed
on  a  campus  provided  however  more  than  one  such  station  may be
constructed on the same campus provided such stations  are  25  or  more
miles apart.  Such contracts shall be in writing and shall be for a term
not  exceeding 40 years, without any fee simple conveyance and otherwise
upon such terms and conditions as shall be determined by such  board  of
trustees,  or  its designee or designees, subject to the approval of the
director of the budget, the attorney general and the state  comptroller.
Such  contracts  shall  include granting the research foundation for the
state university of New York,  its  employees,  agents  and  contractors
authority  to  construct, install, erect, maintain, replace, test, cali-
brate and deconstruct a surface weather station on the plot of land that
is the subject of such contract and reasonable  rights  of  ingress  and
egress  access to the plot of land that is the subject of such contract.
The research foundation for the state university shall  not  assign  any
such  contract or any rights granted therein. In the event that the real
property that is the subject of such a contract shall cease to  be  used
for  the purposes described in this act, such contract shall immediately
terminate and the real property shall be restored to its original state.
  All contracts or agreements entered into by the board of  trustees  of
the state university and the research foundation for the state universi-
ty pursuant to this act shall provide that any real property made avail-
able  to  the  research  foundation for the state university pursuant to
this act shall be restored to its original state upon the expiration  of
the  contract  that  makes  grounds  and  facilities  available  to such
research foundation.
  S 3. Notwithstanding any provision of law or judicial decision to  the
contrary,  all work performed on a project authorized by this act, where
all or  any  portion  thereof  involves  a  contract  or  agreement  for
construction,  demolition,  reconstruction,  excavation, rehabilitation,
repair, renovation, alteration or improvement  shall  be  deemed  public
work  and  shall  be  subject  to  and  performed in accordance with the
provisions of article 8 of the labor law to the same extent and  in  the
same  manner  as  a  contract  of the state, and compliance with all the
provisions of such article 8 shall be  required  of  any  contractor  or
subcontractor  on  the  project  including the enforcement of prevailing
wage requirements by the fiscal officer,  as defined in paragraph  e  of
subdivision  5  of section 220 of the labor law, to the same extent as a
contract of the state.
  S 4. Nothing in this act shall be deemed to waive or impair any  right
or  benefit of employees of the state university of New York that other-
wise would be available to them pursuant  to  the  terms  of  agreements
between the employee organization of such employees and the state pursu-
ant  to  article  14  of the civil service law and all work performed on
such property that ordinarily would be performed by such employees shall
continue to be performed by those employees.
  S 5. Every contract executed pursuant to this  act  shall  include  an
indemnity  provision  whereby  the  research  foundation  for  the state
university of New York shall be responsible to, and shall defend, indem-

S. 5315--A                          3

nify and hold harmless the state and the state university of  New  York,
and their respective officers, trustees, directors, employees and agents
from  and against any and all losses, expenses, damages and liabilities,
including  reasonable attorneys' fees, arising out of the intentional or
negligent acts or omissions of the research  foundation  for  the  state
university  of  New  York, its officers, employees, agents, licensees or
contractors.
  S 6. Except for contracts entered into pursuant to section two of this
act, all other contracts or agreements entered into pursuant to this act
between the research foundation for the state university of New York and
parties contracting with the research foundation for the state universi-
ty of New York shall be awarded by a competitive bidding process.
  S 7. The state university of New York shall not contract to permit the
use of grounds and facilities pursuant  to  this  act  unless  any  such
contract  shall  be executed within three years of the effective date of
this act.
  S 8. Insofar as the provisions of this act are inconsistent  with  the
provisions  of  any  other  provision of law, the provisions of this act
shall be controlling.
  S 9. This act shall take effect immediately.

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