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

                                  6447

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 25, 2015
                               ___________

Introduced  by M. of A. ENGLEBRIGHT, HOOPER -- read once and referred to
  the Committee on Higher Education

AN ACT to amend the education law and the  public  authorities  law,  in
  relation to authorizing increased flexibility for the state university
  of  New  York  at Stony Brook (Part A); to amend the education law, in
  relation to the use of state university of New  York  at  Stony  Brook
  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 Stony Brook  (Part  D);
  and  to amend the education law, in relation to providing that certain
  lease of the state university of New York at Stony Brook 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. This act shall be known and may  be  cited  as  the  "Stony
Brook University quality higher education and economic development act".
  S  2.  Legislative  findings  and intent.   The legislature finds that
Stony Brook University is and continues to be a strong and valued player
in the Long Island economy. The state  must  recognize  the  benefit  of
strengthening  its  partnership  with Stony Brook University in terms of
creating jobs and keeping individuals gainfully  employed.  Stony  Brook
University must also continue to focus on its contributions to the local
economy and the role it can play beyond the Long Island region.
  Stony  Brook  University  ranks  among  the foremost research academic
institutions in the world. The University  must  continue  to  ensure  a
quality  education  for  all  of  its students, advance its research and
clinical missions, and remain competitive with the other 61  Association
of  American  Universities institutions across the nation.  Its research

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10034-01-5
              

A. 6447                             2

and development park, along with Brookhaven  National  Laboratory,  will
also  serve  a  critical  role  in the development of high technologies,
bio-technologies, and medical technologies and will continue  to  stimu-
late  the  economy  and  provide  jobs and be the foundation for further
alliances with public and private research entities.
  Finally, the legislature intends to  provide  Stony  Brook  University
greater  flexibility  and  resources to ensure the continued delivery of
the highest quality education to its students, the future workforce  for
our  communities; University Hospital and Medical Center, the safety net
for critical care on Long Island, and the training site for  the  future
medical  professionals;  the  necessary support for its faculty, and the
tools to drive our economy back to prosperity.
  S 3. This act enacts into law major components  of  legislation  which
are  necessary for the efficient and productive operation of this state.
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. Paragraph h of subdivision 2 of section 355 of  the  educa-
tion law is amended by adding a new subparagraph 4-a to read as follows:
  (4-A)  COMMENCING  WITH  THE  TWO  THOUSAND SIXTEEN ACADEMIC YEAR, THE
PRESIDENT OF THE STATE UNIVERSITY OF NEW YORK AT STONY BROOK, IN CONSUL-
TATION WITH THE STONY BROOK COUNCIL, IS AUTHORIZED TO  REQUEST  REVENUES
FOR STUDENTS ENROLLED IN DEGREE GRANTING PROGRAMS AT THE STATE UNIVERSI-
TY OF NEW YORK AT STONY BROOK WITH THE PRIOR APPROVAL OF THE TRUSTEES.
  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 STONY BROOK, 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 ON LANDS HELD BY
THE STATE OF NEW YORK FOR THE BENEFIT OF THE  STATE  UNIVERSITY  OF  NEW
YORK  AT  STONY  BROOK  OR  LANDS LEASED BY THE STATE OF NEW YORK OR THE
STATE UNIVERSITY OF NEW YORK AT STONY BROOK FOR USE BY STUDENTS, FACULTY
AND STAFF OF THE STATE UNIVERSITY OF NEW YORK AT STONY BROOK.
  ANY STATE UNIVERSITY OF NEW YORK AT STONY BROOK CAMPUS-RELATED FOUNDA-
TION, ALUMNI ASSOCIATION OR AFFILIATE THEREOF, ANY NOT-FOR-PROFIT CORPO-
RATION OR ASSOCIATION ORGANIZED BY THE PRESIDENT OR THE  ALUMNI  OF  THE
STATE  UNIVERSITY OF NEW YORK AT STONY BROOK TO FURTHER ITS PURPOSES, OR
ANY LIMITED LIABILITY COMPANY WHOSE SOLE MEMBER IS ANY ONE OF THE  FORE-
GOING  ENTITIES, IN CONNECTION WITH THE FINANCING, REFINANCING, ACQUISI-
TION, 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 STONY BROOK.

A. 6447                             3

  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 STONY BROOK, 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 ON LANDS HELD BY
THE STATE OF NEW YORK FOR THE BENEFIT OF THE  STATE  UNIVERSITY  OF  NEW
YORK  AT  STONY  BROOK  OR  LANDS LEASED BY THE STATE OF NEW YORK OR THE
STATE UNIVERSITY OF NEW YORK AT STONY BROOK FOR USE BY STUDENTS, FACULTY
AND STAFF OF THE STATE UNIVERSITY OF NEW YORK AT STONY BROOK.
  ANY STATE UNIVERSITY OF NEW YORK AT STONY BROOK 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 STONY BROOK TO  FURTHER  ITS  PURPOSES,  OR  ANY  LIMITED
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 STONY BROOK.
  S 4. Any contracts 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  such  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. Subdivision 12 of section 373 of the education law, as amended by
section 2 of subpart A of part D of chapter 58 of the laws of  2011,  is
amended to read as follows:
  12.  To procure and execute contracts, lease agreements, and all other
instruments necessary or convenient for the exercise  of  its  corporate
powers and the fulfillment of its corporate purposes under this article.
Notwithstanding  subdivision  two  of  section one hundred twelve of the
state finance law or any other law to the  contrary,  fund  procurements
shall not be subject to the prior approval of any state officer or agen-
cy. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, ALL SUCH
FUND PROCUREMENTS ON BEHALF OF THE STATE UNIVERSITY OF NEW YORK AT STONY
BROOK  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  6.  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  STONY
BROOK  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  7.  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 STONY

A. 6447                             4

BROOK 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  8.  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 STONY  BROOK  SHALL  BE
AWARDED PURSUANT TO PROCUREMENT GUIDELINES APPROVED ANNUALLY BY THE FUND
TRUSTEES   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 SUBDIVISION IS LESS THAN
TWO HUNDRED FIFTY THOUSAND DOLLARS, A PERFORMANCE BOND AND  A  BOND  FOR
THE  PAYMENT  OF  LABOR AND MATERIAL MAY, IN THE DISCRETION OF THE FUND,
NOT BE REQUIRED, AND EXCEPT THAT  IN  THE  DISCRETION  OF  THE  FUND,  A
CONTRACT  MAY  BE  ENTERED INTO FOR SUCH PURPOSES WITHOUT PUBLIC LETTING
WHERE THE ESTIMATED EXPENSE THEREOF IS LESS THAN FIFTY THOUSAND DOLLARS,
OR WHERE IN THE JUDGMENT OF THE FUND AN EMERGENCY CONDITION EXISTS AS  A
RESULT  OF  DAMAGE  TO AN EXISTING ACADEMIC BUILDING, DORMITORY OR OTHER
FACILITY WHICH HAS BEEN CAUSED BY AN ACT OF GOD, FIRE OR OTHER CASUALTY,
OR ANY OTHER UNANTICIPATED, SUDDEN AND UNEXPECTED OCCURRENCE,  THAT  HAS
RESULTED IN DAMAGE TO OR A MALFUNCTION IN AN EXISTING ACADEMIC BUILDING,
DORMITORY  OR OTHER FACILITY AND INVOLVES A PRESSING NECESSITY FOR IMME-
DIATE REPAIR, RECONSTRUCTION OR MAINTENANCE IN ORDER TO PERMIT THE  SAFE
CONTINUATION  OF THE USE OR FUNCTION OF SUCH FACILITY, OR TO PROTECT THE
FACILITY OR THE LIFE, HEALTH OR SAFETY OF ANY PERSON, AND THE NATURE  OF
THE  WORK IS SUCH THAT IN THE JUDGMENT OF THE FUND IT WOULD BE IMPRACTI-
CAL AND AGAINST THE PUBLIC INTEREST TO HAVE  PUBLIC  LETTING;  PROVIDED,
HOWEVER,  THAT  THE FUND, PRIOR TO AWARDING A CONTRACT HEREUNDER BECAUSE
OF AN EMERGENCY CONDITION NOTIFY THE COMPTROLLER OF ITS INTENT TO  AWARD
SUCH A CONTRACT:
  A.  THE  LETTING  AGENCY  SHALL ADVERTISE THE INVITATION TO BID OR THE
REQUEST FOR PROPOSALS IN A NEWSPAPER PUBLISHED IN THE COUNTY OF  SUFFOLK
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.

A. 6447                             5

  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 9. On January first of each year, the president of the state univer-
sity  of  New York at Stony Brook shall submit a report to the governor,
the temporary president of the senate and the speaker of  the  assembly.
Specifically,  the report shall address each of the following: the state
university of New York at Stony Brook's progress in competing  with  the
top  academic  research institutions; the impact of the state university
of New York at Stony Brook's efforts to increase the well-being of  Long
Island's  economy  including the university's efforts to develop new and
innovative purchasing  and  contracting  modalities  including  but  not
limited to project labor agreements; and the impact of revenue increases
and  efforts to ensure affordable access to the exceptional education to
economically challenged students.
  S 10. This act shall take effect immediately; provided that the amend-
ments to subdivision 12 of section 373 of the  education  law,  made  by
section five of this act, shall not affect the expiration of such subdi-
vision and shall expire therewith, when upon such date the provisions of
section six of this act shall take effect.

                                 PART B

  Section  1.  Paragraph a of subdivision 2 of section 355 of the educa-
tion law, as amended by section 18 of part A of chapter 68 of  the  laws
of 2013, 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 STONY BROOK, TO DISPOSE OF SUCH PROPERTY IN SUCH
MANNER AND UPON SUCH TERMS AS ITS TRUSTEES SHALL DETERMINE.   THE  TRUS-
TEES  SHALL  ALLOW  AND REGULATE THE USE OF SUCH PROPERTY FOR OTHER THAN
THE CORPORATE PURPOSES OF THE STATE UNIVERSITY  OF  NEW  YORK  AT  STONY
BROOK,  BY PERMIT, LEASE, LICENSE OR OTHER AGREEMENT, FOR PERIODS NOT TO
EXCEED TEN YEARS, AND PRESCRIBE THE FEES, IF ANY, THAT PERSONS,  ASSOCI-
ATIONS AND CORPORATIONS ALLOWED THE USE OF SUCH PROPERTY SHALL PAY.  The
trustees  may  acquire property for such purposes by purchase, appropri-
ation or lease and by the acceptance  of  gifts,  grants,  bequests  and
devises, and, within appropriations made therefor, may equip and furnish
buildings  and otherwise improve property owned, used or occupied by the
state university or any institution therein. THE  TRUSTEES  MAY  ACQUIRE
PROPERTY  FOR  OR ON BEHALF OF THE STATE UNIVERSITY OF NEW YORK AT STONY
BROOK BY  THE  ACCEPTANCE  OF  CONDITIONAL  GIFTS,  GRANTS,  DEVISES  OR

A. 6447                             6

BEQUESTS,  THE  PROVISIONS  OF  SECTION  ELEVEN OF THE STATE FINANCE LAW
NOTWITHSTANDING. The trustees may acquire property by the acceptance  of
conditional  gifts,  grants,  devises  or  bequests,  the  provisions of
section  eleven  of  the  state  finance law notwithstanding. Where real
property is to be acquired by purchase or appropriation,  such  acquisi-
tion 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 shall be performed by  the
state university trustees. The provisions of section three of the public
lands  law  notwithstanding,  the  trustees may provide for the lease of
state-owned real property under the jurisdiction of the state university
that is part of a tax-free NY area approved pursuant to article  twenty-
one  of the economic development law, in such manner and upon such terms
as the trustees shall determine, provided such lease is consistent  with
the  approved plan for such tax-free NY area. THE PROVISIONS OF SECTIONS
THREE, THIRTY-A, AND THIRTY-THREE OF THE PUBLIC LANDS LAW  NOTWITHSTAND-
ING,  THE  TRUSTEES MAY PROVIDE FOR THE SALE, LEASE, TRANSFER OR CONVEY-
ANCE 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 STONY BROOK IN SUCH MANNER AND UPON  SUCH  TERMS  AS  THE
TRUSTEES  SHALL  DETERMINE.  THE FOREGOING NOTWITHSTANDING, THE TRUSTEES
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 STONY BROOK, UNLESS  THE
SUBJECT  PROJECT IS IN CONFLICT WITH THE MISSION OF THE STATE UNIVERSITY
OF NEW YORK AT STONY BROOK, INCLUDING BUT NOT LIMITED TO THE DEVELOPMENT
AND OPERATION OF RESEARCH, INCUBATOR, COMMUNITY,  HEALTH  CARE,  RETAIL,
FOOD  SERVICE,  TELECOMMUNICATION,  STUDENT AND FACULTY HOUSING, ENERGY,
GOVERNMENTAL,  SENIOR  COMMUNITY,  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  STONY BROOK SHALL PROVIDE NOTICE OF ANY SUCH LEASE TO THE
CHAIRS OF THE SENATE FINANCE COMMITTEE AND THE ASSEMBLY WAYS  AND  MEANS
COMMITTEE  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
STONY  BROOK  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  CONVEY-
ANCE OF STATE-OWNED REAL PROPERTY COMPRISING ANY PART OF THE CAMPUSES OF
THE  STATE UNIVERSITY OF NEW YORK AT STONY BROOK OR OF PERSONAL PROPERTY
UNDER THE CUSTODY AND CONTROL OF THE STATE UNIVERSITY  OF  NEW  YORK  AT
STONY  BROOK  SHALL  BE  RETAINED BY THE STATE UNIVERSITY OF NEW YORK AT
STONY BROOK AND SHALL BE USED BY THE STATE UNIVERSITY  OF  NEW  YORK  AT
STONY  BROOK  FOR  EXPENSES OF THE STATE UNIVERSITY OF NEW YORK AT STONY
BROOK.
  S 2.  Paragraph a 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:
  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

A. 6447                             7

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 STONY BROOK, TO DISPOSE OF  SUCH  PROPERTY  IN  SUCH
MANNER  AND  UPON SUCH TERMS AS ITS TRUSTEES SHALL DETERMINE.  THE TRUS-
TEES SHALL ALLOW AND REGULATE THE USE OF SUCH PROPERTY  FOR  OTHER  THAN
THE  CORPORATE  PURPOSES  OF  THE  STATE UNIVERSITY OF NEW YORK AT STONY
BROOK, BY PERMIT, LEASE, LICENSE OR OTHER AGREEMENT, FOR PERIODS NOT  TO
EXCEED  TEN YEARS, AND PRESCRIBE THE FEES, IF ANY, THAT PERSONS, ASSOCI-
ATIONS AND CORPORATIONS ALLOWED THE USE OF SUCH PROPERTY SHALL PAY.  The
trustees  may  acquire property for such purposes by purchase, appropri-
ation or lease and by the acceptance  of  gifts,  grants,  bequests  and
devises, and, within appropriations made therefor, may equip and furnish
buildings  and otherwise improve property owned, used or occupied by the
state university or any institution therein.  THE TRUSTEES  MAY  ACQUIRE
PROPERTY  FOR  OR ON BEHALF OF THE STATE UNIVERSITY OF NEW YORK AT STONY
BROOK 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 STONY BROOK IN SUCH
MANNER AND UPON SUCH TERMS AS THE TRUSTEES SHALL DETERMINE. THE  FOREGO-
ING NOTWITHSTANDING, THE TRUSTEES MAY PROVIDE FOR THE LEASE OF SUCH REAL
PROPERTY  FOR PERIODS NOT TO EXCEED FIFTY YEARS IN SUPPORT OF THE EDUCA-
TIONAL AND OTHER CORPORATE PURPOSES OF THE STATE UNIVERSITY OF NEW  YORK
AT  STONY  BROOK,  UNLESS  THE  SUBJECT  PROJECT IS IN CONFLICT WITH THE
MISSION OF THE STATE UNIVERSITY OF NEW YORK AT  STONY  BROOK,  INCLUDING
BUT NOT LIMITED TO THE DEVELOPMENT AND OPERATION OF RESEARCH, INCUBATOR,
COMMUNITY, HEALTH CARE, RETAIL, FOOD SERVICE, TELECOMMUNICATION, STUDENT
AND  FACULTY HOUSING, ENERGY, GOVERNMENTAL, SENIOR COMMUNITY, 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 STONY BROOK SHALL PROVIDE NOTICE OF  ANY
SUCH  LEASE TO THE CHAIRS OF THE SENATE FINANCE COMMITTEE AND THE ASSEM-
BLY WAYS AND MEANS COMMITTEE 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 TRUS-
TEES 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  STONY BROOK 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  CONVEY-
ANCE OF STATE-OWNED REAL PROPERTY COMPRISING ANY PART OF THE CAMPUSES OF
THE  STATE UNIVERSITY OF NEW YORK AT STONY BROOK OR OF PERSONAL PROPERTY
UNDER THE CUSTODY AND CONTROL OF THE STATE UNIVERSITY  OF  NEW  YORK  AT
STONY  BROOK  SHALL  BE  RETAINED BY THE STATE UNIVERSITY OF NEW YORK AT
STONY BROOK AND SHALL BE USED BY THE STATE UNIVERSITY  OF  NEW  YORK  AT
STONY  BROOK  FOR  EXPENSES OF THE STATE UNIVERSITY OF NEW YORK AT STONY
BROOK.

A. 6447                             8

  S 3. Paragraph s of subdivision 2 of section 355 of the education law,
as amended by section 19 of part A of chapter 68 of the laws of 2013, 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, the New York state employ-
ees' retirement system, [or] a business that  intends  to  locate  in  a
tax-free NY area approved pursuant to article twenty-one of the economic
development  law OR, IN THE CASE OF STATE-OWNED REAL PROPERTY COMPRISING
ANY PART OF THE CAMPUSES OF THE STATE UNIVERSITY OF NEW  YORK  AT  STONY
BROOK,  ANY  OTHER  PUBLIC  OR  PRIVATE FOR-PROFIT OR NON-PROFIT ENTITY,
INCLUDING, BUT NOT LIMITED TO, A LOCAL DEVELOPMENT CORPORATION ORGANIZED
UNDER SECTION FOURTEEN HUNDRED ELEVEN OF THE NOT-FOR-PROFIT  CORPORATION
LAW  OR  AN  INDUSTRIAL DEVELOPMENT AGENCY ORGANIZED UNDER ARTICLE EIGH-
TEEN-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,  recon-
struction,  rehabilitation  or  improvement,  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  hereto-
fore  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, the
New York state employees' retirement  system  [or],  any  business  that
intends  to  locate  in  a tax-free NY area approved pursuant to article
twenty-one  of  the  economic  development  law  AND,  IN  THE  CASE  OF
STATE-OWNED  REAL  PROPERTY  COMPRISING  ANY PART OF THE CAMPUSES OF THE
STATE UNIVERSITY OF NEW YORK AT STONY BROOK, WITH ANY  OTHER  PUBLIC  OR
PRIVATE FOR-PROFIT OR NON-PROFIT ENTITY, INCLUDING, BUT NOT LIMITED TO A
LOCAL  DEVELOPMENT  CORPORATION ORGANIZED UNDER SECTION FOURTEEN HUNDRED
ELEVEN OF THE NOT-FOR-PROFIT CORPORATION LAW OR AN  INDUSTRIAL  DEVELOP-
MENT  AGENCY ORGANIZED UNDER ARTICLE EIGHTEEN-A OF THE GENERAL MUNICIPAL
LAW, to furnish heat from a central heating plant to any academic build-
ing, 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  4.  Subdivision 2 of section 355 of the education law is amended by
adding a new paragraph aa to read as follows:
  AA. IN CONNECTION WITH PUBLIC-PRIVATE PARTNERSHIPS IN SUPPORT  OF  THE
CORPORATE  PURPOSES  OF THE STATE UNIVERSITY OF NEW YORK AT STONY BROOK,
INCLUDING, WITHOUT LIMITATION, THE STATE UNIVERSITY OF NEW YORK AT STONY
BROOK'S INITIATIVE, TO PARTICIPATE IN JOINT AND COOPERATIVE ARRANGEMENTS
WITH PUBLIC, NON-PROFIT AND BUSINESS ENTITIES AS PARTNERS, JOINT VENTUR-
ERS, MEMBERS OF NON-PROFIT CORPORATIONS, MEMBERS  OF  LIMITED  LIABILITY
COMPANIES AND SHAREHOLDERS OF BUSINESS CORPORATIONS. THE STATE UNIVERSI-
TY'S  PARTICIPATION  ON  BEHALF  OF  THE STATE UNIVERSITY OF NEW YORK AT
STONY BROOK 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

A. 6447                             9

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 STONY BROOK OFFICERS AND EMPLOYEES FROM ENGAGING  IN  ACTIV-
ITIES  FOR  WHICH  NO  COMPENSATION  IS  PAID  AS DESIGNEES OF THE STATE
UNIVERSITY OF NEW YORK AT STONY BROOK 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.  CONFIDENTIAL INFOR-
MATION  GAINED  BY  STATE UNIVERSITY OF NEW YORK AT STONY BROOK OFFICERS
AND EMPLOYEES WHILE SERVING AS DESIGNEES OF THE STATE UNIVERSITY OF  NEW
YORK  AT  STONY BROOK AS MEMBERS, SHAREHOLDERS OR AS DIRECTORS ON BOARDS
OR  OTHER  GOVERNING  BODIES  OF  CORPORATIONS  OR  OTHER  ENTITIES   IN
CONNECTION  WITH  SUCH  JOINT UNDERTAKINGS AND ARRANGEMENTS SHALL NOT BE
CONSIDERED A "RECORD" AS DEFINED IN SUBDIVISION FOUR OF SECTION  EIGHTY-
SIX OF THE PUBLIC OFFICERS LAW.
  S  5. This act shall take effect immediately; provided that the amend-
ments to paragraph a of subdivision 2 of section 355  of  the  education
law, made by section one of this act, shall not affect the expiration of
such  paragraph  and  shall  expire  therewith,  when upon such date the
provisions of section two of this act shall take effect.

                                 PART C

  Section 1.  Subdivisions 5 and 6 of section 355 of the education  law,
as amended by section 1 of subpart B of part D of chapter 58 of the laws
of 2011, paragraph a of subdivision 5 as amended by section 31 of part L
of chapter 55 of the laws of 2012, are amended to read as follows:
  5.  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]
SECTION three [and six] of the New York state printing and public  docu-
ments  law  or any other law to the contrary, the state university trus-
tees are authorized and empowered to:
  a.  (i)  purchase  materials,   proprietary   electronic   information
resources  including  but  not  limited  to  academic, professional, and
industry journals, reference handbooks and  manuals,  research  tracking
tools, indexes and abstracts, 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 and construction-related services contracts,
and (iii) contract for printing, without prior  approval  by  any  other
state  officer  or  agency[, but subject to rules and regulations of the
state comptroller not otherwise inconsistent with the provisions of this
section and] in accordance with guidelines, RULES OR REGULATIONS promul-
gated by the state university board of trustees [after consultation with
the state comptroller];
  a-1. execute contracts for services [to an amount not exceeding twenty
thousand dollars] without prior approval by any other state  officer  or
agency[,  but  subject to rules and regulations of the state comptroller

A. 6447                            10

not otherwise inconsistent with the provisions of this section  and]  in
accordance  with the guidelines, RULES OR REGULATIONS promulgated by the
state university board of trustees [after consultation  with  the  state
comptroller.  In  addition,  the  trustees,  after consultation with the
commissioner of general services, are authorized to  annually  negotiate
with the state comptroller increases in the aforementioned dollar limits
and  the  exemption of any services or categories of services from these
limits];
  b. to establish cash advance accounts for the  purpose  of  purchasing
materials,  supplies, or services, for cash advances for travel expenses
and per diem allowances, or for advance payment of wages and salary. The
account may be used to purchase such materials,  supplies,  or  services
where  the  amount  of  a  single  purchase does not exceed one thousand
dollars, in accordance with such guidelines as shall  be  prescribed  by
the  state  university trustees [after consultation with the state comp-
troller];
  c. establish guidelines  in  consultation  with  the  commissioner  of
general  services  authorizing  participation by the state university in
programs administered by the office of general services for the purchase
of available New York state food products. The commissioner  of  general
services  shall  provide assistance to the state university necessary to
enable the university to participate in these programs;
  d.  [award  contract  extensions  for  campus  transportation  without
competitive  bidding  where  such  contracts were secured either through
competitive bidding or through evaluation  of  proposals,  however  such
extensions may be rejected if the amount to be paid to the contractor in
any year of such proposed extension fails to reflect any decrease in the
regional  consumer  price index for the New York, New York-Northeastern,
New Jersey area, based upon the index for all  urban  consumers  (CPI-U)
during  the  preceding  twelve-month period. At the time of any contract
extension, consideration shall be  given  to  any  competitive  proposal
offered  by  a  public  transportation  agency.  Such  contract  may  be
increased for each year of the contract extension by an  amount  not  to
exceed  the regional consumer price index increase for the New York, New
York-Northeastern, New Jersey area, based upon the index for  all  urban
consumers (CPI-U), during the preceding twelve-month period, provided it
has  been  satisfactorily  established  by the contractor that there has
been at least an equivalent increase in the amount of his cost of opera-
tion, during the period of the contract.
  e.] guidelines promulgated by the state university board  of  trustees
shall,  to the extent practicable, require that competitive proposals be
solicited for purchases, and shall include requirements  that  purchases
and  contracts  authorized under this section be at the lowest available
price, including consideration of prices available through  other  state
agencies, consistent with quality 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.
  6. To enter into any contract or agreement deemed necessary or  advis-
able after consultation with appropriate state agencies for carrying out
the  objects  and  purposes  of state university without prior review or
approval by any state officer or agency  [other  than  the  state  comp-
troller and the attorney general] including ENERGY PERFORMANCE CONTRACTS
(AS DEFINED IN SECTION 9-102 OF THE ENERGY LAW), contracts with non-pro-
fit corporations organized by officers, employees, alumni or students of
state  university  for the furtherance of its objects and purposes, AND,

A. 6447                            11

IN THE CASE OF  THE  STATE  UNIVERSITY  OF  NEW  YORK  AT  STONY  BROOK,
CONTRACTS OR AGREEMENTS WITH ANY CAMPUS-RELATED FOUNDATION, ALUMNI ASSO-
CIATION  OR AFFILIATE THEREOF, ANY NON-PROFIT CORPORATION OR ASSOCIATION
ORGANIZED  BY THE PRESIDENT OF THE STATE UNIVERSITY OF NEW YORK AT STONY
BROOK 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 STONY BROOK,
INCLUDING, WITHOUT LIMITATION, THE STATE UNIVERSITY OF NEW YORK AT STONY
BROOK'S INITIATIVE.   Contracts or  agreements  entered  into  with  the
federal  government  to  enable  participation  in  federal student loan
programs, including any and all instruments required  thereunder,  shall
not  be  subject  to  the requirements of section forty-one of the state
finance law; provided, however, that the state shall not be  liable  for
any  portion  of  any defaults which it has agreed to assume pursuant to
any such agreement in an amount  in  excess  of  money  appropriated  or
otherwise  lawfully  available  therefor  at  the time the liability for
payment arises. The foregoing notwithstanding, any contract made for  or
by  the  state  university for the purchase of: (i) materials, equipment
and supplies, including computer equipment; (ii) motor  vehicles;  (iii)
construction  and  construction-related  services  contracts;  and  (iv)
printing shall not be subject to prior approval by any other state offi-
cer or agency.
  S 2.  Subdivisions 5 and 6 of section 355 of the education law, subdi-
vision 5 as added by chapter 552 of the laws of  1985,  paragraph  a  of
subdivision  5  as  amended by section 32 of part L of chapter 55 of the
laws of 2012, paragraph c of subdivision 5 as added by  chapter  103  of
the  laws  of 1989, paragraph d of subdivision 5 as added by chapter 537
of the laws of 1997 and subdivision 6 as amended by chapter 554  of  the
laws of 1985, are amended to read as follows:
  5.  Notwithstanding  the  provisions of [paragraph] SUBDIVISION two of
section one hundred twelve and sections one hundred fifteen, one hundred
sixty-one[,] AND one hundred sixty-three [and one hundred  seventy-four]
of  the  state finance law and [sections] SECTION three [and six] of the
New York state printing and public documents law or any other law to the
contrary, the state university trustees are authorized and empowered to:
  a.  (i)  purchase  materials,   proprietary   electronic   information
resources  including  but  not  limited  to  academic, professional, and
industry journals, reference handbooks and  manuals,  research  tracking
tools,  indexes and abstracts equipment and supplies, including computer
equipment and motor vehicles[, where the amount for  a  single  purchase
does  not  exceed  twenty  thousand dollars], (ii) execute contracts for
services, PERMITS, LICENSES, LEASES, CONTRACTS FOR THE PURCHASE OR  SALE
OF REAL PROPERTY, and construction contracts [to an amount not exceeding
twenty  thousand dollars], and (iii) contract for printing [to an amount
not exceeding five thousand dollars],  without  prior  approval  by  any
other  state officer or agency[, but subject to rules and regulations of
the state comptroller not otherwise inconsistent with the provisions  of
this  section  and]  in accordance with [the] GUIDELINES, rules [and] OR
regulations promulgated by the state university board of trustees  after
consultation  with  the  state  comptroller. [In addition, the trustees,
after consultation  with  the  commissioner  of  general  services,  are
authorized to annually negotiate with the state comptroller increases in
the  aforementioned  dollar  limits  and  the exemption of any articles,
categories of articles or commodities  from  these  limits.  Rules  and]
GUIDELINES,  RULES  OR  regulations  promulgated by the state university
board of trustees shall, to the extent practicable, require that compet-

A. 6447                            12

itive proposals be solicited for purchases, and shall  include  require-
ments  that  purchases and contracts authorized under this section be at
the lowest available price, including consideration of prices  available
through  other state agencies, consistent with quality 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. to establish cash advance accounts for the  purpose  of  purchasing
materials,  supplies, or services, for cash advances for travel expenses
and per diem allowances, or for advance payment of wages and salary. The
account may be used to purchase such materials,  supplies,  or  services
where  the amount of a single purchase does not exceed two hundred fifty
dollars, in accordance with such guidelines as shall  be  prescribed  by
the  state  university trustees [after consultation with the state comp-
troller].
  c. establish guidelines  in  consultation  with  the  commissioner  of
general  services  authorizing  participation by the state university in
programs administered by the office of general services for the purchase
of available New York state food products. The commissioner  of  general
services  shall  provide assistance to the state university necessary to
enable the university to participate in these programs.
  [d. (1) Award contract extensions for  campus  transportation  without
competitive  bidding  where  such  contracts were secured either through
competitive bidding or through evaluation of proposals in response to  a
request  for  proposals  pursuant to subparagraph (2) of this paragraph,
however such extensions may be rejected if the amount to be paid to  the
contractor  in  any year of such proposed extension fails to reflect any
decrease in the regional consumer price index  for  the  New  York,  New
York-Northeastern,  New  Jersey area, based upon the index for all urban
consumers (CPI-U) during the preceding twelve-month period. At the  time
of  any  contract extension, consideration shall be given to any compet-
itive proposal offered by a public transportation agency. Such  contract
may  be  increased  for each year of the contract extension by an amount
not to exceed the regional consumer price index  increase  for  the  New
York,  New  York-Northeastern, New Jersey area, based upon the index for
all urban consumers (CPI-U), during the preceding  twelve-month  period,
provided  it  has been satisfactorily established by the contractor that
there has been at least an equivalent increase in the amount of his cost
of operation, during the period of the contract.]
  6. To enter into any contract or agreement deemed necessary or  advis-
able after consultation with appropriate state agencies for carrying out
the  objects  and  purposes  of state university without prior review or
approval by any state officer or agency  [other  than  the  state  comp-
troller and the attorney general] including ENERGY PERFORMANCE CONTRACTS
(AS DEFINED IN SECTION 9-102 OF THE ENERGY LAW), contracts OR AGREEMENTS
with non-profit corporations organized by officers, employees, alumni or
students  of  state  university  for  the furtherance of its objects and
purposes, AND, IN THE CASE OF THE STATE UNIVERSITY OF NEW YORK AT  STONY
BROOK, CONTRACTS OR AGREEMENTS WITH ANY CAMPUS-RELATED FOUNDATION, ALUM-
NI ASSOCIATION OR AFFILIATE THEREOF, ANY NON-PROFIT CORPORATION OR ASSO-
CIATION  ORGANIZED  BY THE PRESIDENT OF THE STATE UNIVERSITY OF NEW YORK
AT STONY BROOK 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 STONY
BROOK,  INCLUDING,  WITHOUT LIMITATION, THE STATE UNIVERSITY OF NEW YORK
AT STONY BROOK'S INITIATIVE.  Contracts or agreements entered into  with

A. 6447                            13

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  3. 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 18 of part L of chapter 55 of the laws of  2012,
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, shall be executed
or  become  effective,  whenever  such  contract  exceeds fifty thousand
dollars in amount and before any contract made for or by the  office  of
general  services  shall  be executed or become effective, whenever such
contract exceeds eighty-five thousand dollars in amount, it shall  first
be  approved by the comptroller and filed in his or her office, with the
exception of contracts established as a centralized contract through the
office of general services and  purchase  orders  or  other  procurement
transactions  issued  under  such centralized contracts. The comptroller
shall make a final written determination with  respect  to  approval  of
such  contract  within ninety days of the submission of such contract to
his or her office unless the comptroller shall notify, in  writing,  the
state  agency,  department,  board, officer, commission, or institution,
prior to the expiration of the ninety day period, and for good cause, of
the need for an extension of not more than fifteen days, or a reasonable
period of time agreed to by such state agency, department, board,  offi-
cer, commission, or institution and provided, further, that such written
determination  or extension shall be made part of the procurement record
pursuant to paragraph f  of  subdivision  one  of  section  one  hundred
sixty-three of this chapter.
  (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, notice that such liability has
been incurred shall be immediately given in writing to the  state  comp-
troller.
  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 agrees to give a consideration other than the payment  of
money,  when  the  value or reasonably estimated value of such consider-
ation 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  4.  Paragraph  a  of  subdivision  1  of section 139-j of the state
finance law, as amended 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; (2) each house  of  the  state  legislature;  (3)  the
unified  court  system;  (4) any public authority, public benefit corpo-
ration or commission created by  or  existing  pursuant  to  the  public
authorities law; (5) any public authority or public benefit corporation,

A. 6447                            14

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  subdivi-
sion (s) of section one-c of the legislative law; or (7) a subsidiary or
affiliate of such a public authority.
  S  5.  Paragraph  a  of  subdivision  1  of section 139-k of the state
finance law, as amended 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; (2) each house  of  the  state  legislature;  (3)  the
unified  court  system;  (4) any public authority, public benefit corpo-
ration or commission created by  or  existing  pursuant  to  the  public
authorities  law;  (5) a 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) munic-
ipal 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 6. Paragraph e of subdivision 4 of section 163 of the state  finance
law,  as  amended  by  section  5 of part L of chapter 55 of the laws of
2012, is amended to read as follows:
  e. [The commissioner is authorized to permit purchases of services for
authorized users through the office  of  general  services'  centralized
contracts.  Such authorized users so empowered shall accept sole respon-
sibility for any payment due with respect to such purchases.] ANY  OFFI-
CER, BODY OR AGENCY OF A POLITICAL SUBDIVISION AS DEFINED IN SECTION ONE
HUNDRED  OF THE GENERAL MUNICIPAL LAW OR A DISTRICT THEREIN AND ANY NON-
PROFIT CORPORATION ORGANIZED IN FURTHERANCE OF THE OBJECTS AND  PURPOSES
OF  THE  STATE  UNIVERSITY  OF  NEW YORK, MAY MAKE PURCHASES OF SERVICES
THROUGH THE  OFFICE  OF  GENERAL  SERVICES'  CENTRALIZED  CONTRACTS  FOR
SERVICES,  SUBJECT,  IN  THE CASE OF SUCH POLITICAL SUBDIVISIONS, TO THE
PROVISIONS OF SECTION ONE HUNDRED FOUR OF  THE  GENERAL  MUNICIPAL  LAW;
PROVIDED, HOWEVER, THAT IN THE CASE OF ANY NON-PROFIT CORPORATION ORGAN-
IZED  IN FURTHERANCE OF THE OBJECTS AND PURPOSES OF THE STATE UNIVERSITY
OF NEW YORK, 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-PROFIT ORGANIZATION. THE  COMMISSIONER  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  INCLUD-
ING  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. 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.

A. 6447                            15

  S 7. Paragraph g of subdivision 4 of section 163 of the state  finance
law,  as  added by chapter 10 of the laws of 2006, is amended to read as
follows:
  g.  All  state  agencies shall require all contractors, including sub-
contractors, that provide services for  state  purposes  pursuant  to  a
contract,  to  submit  an annual employment report for each contract for
services that includes for each employment category within the  contract
the number of employees employed to provide services under the contract,
the  number  of  hours  they work and their total compensation under the
contract. Employment reports shall  be  submitted  to  the  agency  that
awarded the contract, the department of civil service and the department
of  audit  and  control and shall be available for public inspection and
copying pursuant to section eighty-seven  of  the  public  officers  law
provided that in disclosing such reports pursuant to the public officers
law,  the  agency  making the disclosure shall redact the name or social
security number of any individual employee  that  is  included  in  such
document.  THE  PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY TO CONTRAC-
TORS, INCLUDING SUBCONTRACTORS, THAT PROVIDE SERVICES TO OR ON BEHALF OF
THE STATE UNIVERSITY OF NEW YORK.
  S 8. 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, 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 9. 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.
  S 10. This act shall take effect immediately; provided, however,  that
the  amendments  to subdivisions 5 and 6 of section 355 of the education
law, made by section one of this act, shall not affect the expiration of
such subdivisions and shall expire therewith, when upon  such  date  the
provisions  of  section two of this act shall take effect; and provided,
further, that the amendments to section 139-j of the state  finance  law
made by section four of this act, the amendments to section 139-k of the
state  finance  law made by section five of this act, and the amendments
to section 163 of the state finance law made by sections six, seven  and
eight 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 section 3 of part B of chapter 57 of the  laws  of  2013,  is
amended to read as follows:
  8.  Except  as  otherwise  provided herein, 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

A. 6447                            16

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 carrying 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.  Notwith-
standing  the  foregoing  provisions  of this subdivision, all dormitory
facilities revenues transferred to the dormitory authority by assignment
or otherwise pursuant to paragraph y of subdivision two of this  section
shall  upon  receipt  by  the  state  university acting as agent for the
dormitory authority be transferred and immediately paid  without  appro-
priation thereof to the commissioner of taxation and finance pursuant to
subdivision four of section four of the state finance law for deposit to
the  dormitory  facilities revenue fund.  NOTWITHSTANDING THE FOREGOING,
ALL MONEYS RECEIVED BY THE STATE UNIVERSITY OF NEW YORK AT  STONY  BROOK
FROM  TUITION,  FEES,  USER  CHARGES,  SALES  OF  PRODUCTS AND SERVICES,
SAVINGS UNDER ENERGY PERFORMANCE CONTRACTS AND FROM SOURCES  AND  ACTIV-
ITIES  OF  THE  STATE  UNIVERSITY  OF  NEW YORK AT STONY BROOK 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 STONY BROOK.
THE AMOUNTS SO PAID INTO SUCH FUND OR FUNDS WHICH WERE  RECEIVED  BY  OR
FOR  THE  STATE  UNIVERSITY OF NEW YORK AT STONY BROOK SHALL BE USED FOR
EXPENSES OF THE STATE UNIVERSITY OF NEW YORK AT STONY BROOK IN  CARRYING
OUT  ANY OF ITS OBJECTS AND PURPOSES, INCLUDING, THE STATE UNIVERSITY OF
NEW YORK AT STONY BROOK'S INITIATIVE.
  S 2. Section 4 of the state finance law is amended  by  adding  a  new
subdivision 12 to read as follows:
  12.  NOTWITHSTANDING  SUBDIVISION  ONE OF THIS SECTION, 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
CONTRACTS AND SOURCES AND ACTIVITIES OF THE STATE UNIVERSITY OF NEW YORK
AT  STONY  BROOK  THAT  ARE INTENDED TO BE SELF-SUPPORTING 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
CONTRACTS AND FROM SOURCES AND ACTIVITIES OF THE STATE UNIVERSITY OF NEW
YORK  AT STONY BROOK THAT ARE INTENDED TO BE SELF-SUPPORTING, INCLUDING,
WITHOUT LIMITATION, ANY REVENUE RESULTING FROM TUITION INCREASES AT  THE
STATE  UNIVERSITY  OF  NEW YORK AT STONY BROOK DESCRIBED IN SUBPARAGRAPH
FOUR-A OF PARAGRAPH H  OF  SUBDIVISION  TWO  OF  SECTION  THREE  HUNDRED
FIFTY-FIVE OF THE EDUCATION LAW; and [(iii)] (IV) moneys received pursu-
ant  to  a  clinical  practice  plan established 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,

A. 6447                            17

in  such  form  and  content as the comptroller 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, disbursements, investments,  and  any  financial
matters.  An  independent  audit of such moneys may be authorized by the
comptroller in lieu of his own 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, 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.  Nothing in this act shall in any way alter or impair the rights
under article 14 of the civil service law of all  members  of  certified
bargaining units currently or hereafter employed by the state university
of  New York at Stony Brook and all certified employee organizations and
negotiating units of such employees shall continue  in  accordance  with
the provisions of article 14 of the civil service law.
  S  6.  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.