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

                                  6837

                            I N  S E N A T E

                            February 26, 2016
                               ___________

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

AN ACT authorizing the lease of lands located at the State University of
  New York College at Old Westbury

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

  Section 1. Legislative findings. The legislature finds that the devel-
opment,  construction  and  operation  of  a  child-care center upon the
grounds of the State University of New York College at Old  Westbury  is
necessary  and appropriate to further the objectives and purposes of the
State University of New York in its support of Old Westbury and fulfills
a necessary and desirable public purpose. The legislature further  finds
that  granting  the  trustees  of  the  State University of New York the
authority and power to lease and otherwise contract  to  make  available
grounds and facilities of the campus of the State University of New York
College  at  Old  Westbury will facilitate the development, construction
and operation of such child-care center and also promote  the  effective
use  of such grounds and facilities which support the educational activ-
ities of Old Westbury.
  S 2. Notwithstanding any other law to the contrary, the State  Univer-
sity  trustees  are  hereby authorized and empowered, without any public
bidding, to lease and otherwise contract to make available  to  the  Old
Westbury  College  Foundation,  Inc.,  a  not-for-profit  corporation, a
portion of the lands of the State University of New York College at  Old
Westbury  generally described in this act for the purpose of developing,
constructing and operating a child-care center, and for uses in  support
of campus activities; provided, however, that the development and opera-
tion  of  a  child-care center shall be of benefit to Old Westbury. Such
lease or contract shall be for a period not exceeding thirty years with-
out any fee simple conveyance and otherwise upon  terms  and  conditions
determined  by such trustees, subject to the approval of the director of
the division of the budget, the attorney general  and  the  state  comp-
troller.    In  the  event that the real property that is the subject of
such lease or contract shall cease to be used for the purpose  described

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

                                                           LBD14234-01-6

S. 6837                             2

in  this act, such lease or contract shall immediately terminate and the
real property and any improvements thereon shall  revert  to  the  State
University  of New York.  Any lease or contract entered into pursuant to
this  act  shall  provide  that the real property that is the subject of
such lease or contract and any improvements thereon shall revert to  the
State  University  of  New  York  on  the expiration of such contract or
lease.
  S 3. Any contract or lease entered into pursuant to this act shall  be
deemed  to  be  a state contract for the purposes of article 15-A of the
executive law, and any contractor, subcontractor,  lessee  or  sublessee
entering  into  such contract or lease for the construction, demolition,
reconstruction, excavation, rehabilitation, repair,  renovation,  alter-
ation  or  improvement authorized pursuant to this act shall be deemed a
state agency for the purposes of article 15-A of the executive  law  and
subject to the provisions of such article.
  S  4.  Notwithstanding  any  general, special or local 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 lease or agreement
for  construction,  demolition,  reconstruction,  excavation,  rehabili-
tation,  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 article 8 of the  labor  law  shall  be  required  of  any
lessee,  sublessee,  contractor  and/or  subcontractor performing on the
project.
  S 5. Notwithstanding any law to the contrary, all rights or  benefits,
including  terms  and  conditions of employment, and protection of civil
service and collective bargaining status of all employees of  the  State
University  of New York affected by the provisions of this act, shall be
preserved and protected. Employees in any newly created positions within
the State University of New York shall be  considered  public  employees
for all purposes of article 14 of the civil service law.
  S 6. Any contract or lease awarded or entered into by the Old Westbury
College  Foundation,  Inc.,  and  parties contracting or entering into a
lease with the Old Westbury College Foundation, Inc.  for  construction,
reconstruction,  renovation,  rehabilitation,  improvement  or expansion
authorized pursuant to this act, for  any  single  construction  project
exceeding  ten  million  dollars  in  the aggregate, for which more than
twenty-five percent of such aggregate amount is to be paid  from  appro-
priations  furnished by the state of New York or the State University of
New York, shall be undertaken pursuant to a project labor agreement,  as
defined  in subdivision 1 of section 222 of the labor law, provided that
a study done by or for the contracting entity determines that a  project
labor  agreement  will  benefit such construction, reconstruction, reno-
vation, rehabilitation, improvement or expansion through reduced risk of
delay, potential cost savings or potential  reduction  in  the  risk  of
labor  unrest  in  light  of  any  pertinent  local history thereof. For
purposes of applying the dollar thresholds set forth  in  this  section,
the  term  "single  construction  project"  shall mean any construction,
reconstruction, renovation,  rehabilitation,  improvement  or  expansion
activity  associated  with one or more buildings, structures or improve-
ments, including all directly related infrastructure and  site  work  in
contemplation thereof, that are functionally interdependent.
  S 7. Without limiting the determination of the terms and conditions of
such  contracts  or  leases,  such  terms and conditions may provide for

S. 6837                             3

leasing,  subleasing,  construction,   reconstruction,   rehabilitation,
improvement,  operation  and management of and provision of services and
assistance and the granting of licenses, easements  and  other  arrange-
ments  with  regard  to  such grounds and facilities by the Old Westbury
College Foundation, Inc., and parties contracting with the Old  Westbury
College  Foundation,  Inc., and, in connection with such activities, the
obtaining of funding or financing, whether public or private,  unsecured
or  secured  (including,  but not limited to, secured by leasehold mort-
gages and assignments of rents and leases), by the Old Westbury  College
Foundation,  Inc.  and parties contracting with the Old Westbury College
Foundation, Inc. for the purposes of completing the project described in
this act.
  S 8. Such lease shall  include  an  indemnity  provision  whereby  the
lessee  or sublessee promises to indemnify, hold harmless and defend the
lessor against all claims, suits, actions, and liability to all  persons
on  the leased premises, including tenant, tenant's agents, contractors,
subcontractors, employees, customers, guests,  licensees,  invitees  and
members of the public, for damage to any such person's property, whether
real  or  personal, or for personal injuries arising out of tenant's use
or occupation of the demised premises.
  S 9. Any contracts entered into pursuant to this act between  the  Old
Westbury  College  Foundation, Inc. and parties contracting with the Old
Westbury College Foundation, Inc. shall  be  awarded  by  a  competitive
process.
  S  10.  The  property  authorized  by this act to be leased to the Old
Westbury College Foundation, Inc. is generally described as that  parcel
of  real  property  with  improvements thereon, consisting of a total of
approximately 11.2 acres, situated on the campus of the State University
of New York College at Old Westbury. The description in this section  of
the  parcel to be made available pursuant to this act is not meant to be
a legal description, but is intended only to identify the parcel:

BEGINNING at a point in the dividing line between lands now or  formerly
of  the State of New York, Old Westbury College and The Hamlet Condomin-
iums Number one, said point being distant 0.57 feet on a course of North
64 degrees 45 minutes 53 seconds West from a granite monument found, all
as shown on a certain map entitled "MAP OF SURVEY, OLD WESTBURY  COLLEGE
TOWN  OF OYSTER BAY, TOWN OF NORTH HEMPSTEAD, COUNTY OF NASSAU, STATE OF
NEW YORK, DATED AUGUST 13, 2003, Prepared by  Boswell  Engineering  (CAD
File  Supplied  by  the NEW YORK STATE OFFICE OF GENERAL SERVICES), Said
Beginning Point having New York State Grid Coordinates North 226,605.93,
East 1,104,156.61 (NAD 1983, New York State, Long Island Zone  per  said
map); running thence (Bearings shown are in above-referenced system)

1)  thence  South 11 degrees 20 minutes 54 seconds East 524.04 feet to a
point in said dividing line, marked by a Re-Bar set November 16, 2015;

2) thence along a new line, South 76 degrees 14 minutes 16 seconds  West
659.59  feet to a point in a line established in the above reference CAD
file, located approximately 10 feet from the edge of the traveled way of
an access road known as Greentree Circle, said point also  marked  by  a
Re-Bar  set  November  16, 2015; running along said line the following 5
courses

3) thence North 08 degrees 41 minutes 55 seconds West 25.61  feet  to  a
point;

S. 6837                             4

4)  thence  along  a  non-tangent  curve to the RIGHT having a radius of
400.38 feet, an arc distance of 282.54  feet,  a  central  angle  of  40
degrees  25  minutes  55 seconds, a chord bearing of North 18 degrees 26
minutes 01 second East and a chord distance of 276.71 feet to a point;

5)  thence  along  a  non-tangent  curve to the RIGHT having a radius of
1,319.33 feet, an arc distance of 203.46 feet, a  central  angle  of  08
degrees  50  minutes  09 seconds, a chord bearing of North 44 degrees 09
minutes 14 seconds East and a chord distance of 203.26 feet to a point;

6) thence North 47 degrees 35 minutes 38 seconds East 274.70 feet  to  a
point, marked by a Re-Bar set February 4, 2013;

7) thence North 64 degrees 41 minutes 06 seconds East 121.12 feet to the
point and place of BEGINNING.

CONTAINING  an  area of 239,595 square feet or 5.500 acres of land, more
or less. SUBJECT TO all existing easements and restrictions of record.
  S 11. The State University of New York shall not lease lands described
in this act unless any such lease shall be executed within  three  years
of the effective date of this act.
  S  12. Insofar as the provisions of this act are inconsistent with the
provisions of any law, general, special or local, the provisions of this
act shall be controlling.
  S 13. This act shall take effect immediately.

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

                                 6837--B
    Cal. No. 1323

                            I N  S E N A T E

                            February 26, 2016
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Higher  Education  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- reported favorably from said  commit-
  tee,  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 authorizing the lease of lands located at the State University of
  New York College at Old Westbury

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

  Section 1. Legislative findings. The legislature finds that the devel-
opment, construction and operation  of  a  child-care  center  upon  the
grounds  of  the State University of New York College at Old Westbury is
necessary and appropriate to further the objectives and purposes of  the
State University of New York in its support of Old Westbury and fulfills
a  necessary and desirable public purpose. The legislature further finds
that granting the trustees of the  State  University  of  New  York  the
authority  and  power  to lease and otherwise contract to make available
grounds and facilities of the campus of the State University of New York
College at Old Westbury will facilitate  the  development,  construction
and  operation  of such child-care center and also promote the effective
use of such grounds and facilities which support the educational  activ-
ities of Old Westbury.
  S  2. Notwithstanding any other law to the contrary, the State Univer-
sity trustees are hereby authorized and empowered,  without  any  public
bidding,  to  lease  and otherwise contract to make available to the Old
Westbury College  Foundation,  Inc.,  a  not-for-profit  corporation,  a
portion  of the lands of the State University of New York College at Old
Westbury generally described in this act for the purpose of  developing,
constructing  and operating a child-care center, and for uses in support
of campus activities; provided, however, that the development and opera-
tion of a child-care center shall be of benefit to  Old  Westbury.  Such
lease  or  contract shall be for a period not exceeding 35 years without

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD14234-06-6

S. 6837--B                          2

any fee simple conveyance and otherwise upon terms and conditions deter-
mined by such trustees, subject to the approval of the director  of  the
division  of the budget, the attorney general and the state comptroller.
In the event that the real property that is the subject of such lease or
contract  shall  cease to be used for the purpose described in this act,
such lease or contract shall immediately terminate and the real property
and any improvements thereon shall revert to the State University of New
York.  Any lease or contract entered into pursuant  to  this  act  shall
provide  that  the  real  property  that is the subject of such lease or
contract and any improvements thereon shall revert to the State  Univer-
sity of New York on the expiration of such contract or lease.
  S  3.  For  the purposes of this act: (a) "project" shall mean work at
the property authorized by this act to be leased  to  the  Old  Westbury
College  Foundation,  Inc.  as  described in section 12 of this act that
involves the design, construction, reconstruction, demolition,  excavat-
ing,  rehabilitation, repair, renovation, alteration or improvement of a
child care center.
  (b)  "project  labor  agreement"  shall  mean  a  pre-hire  collective
bargaining  agreement  between  a  contractor  and a labor organization,
establishing the labor organization as the collective bargaining  repre-
sentative  for  all  persons  who  will perform work on the project, and
which provides that only contractors and subcontractors who sign a  pre-
negotiated  agreement  with  the  labor organization can perform project
work.
  S 4. Any contract or lease entered into pursuant to this act shall  be
deemed  to  be  a state contract for the purposes of article 15-A of the
executive law, and any contractor, subcontractor,  lessee  or  sublessee
entering  into  such contract or lease for the construction, demolition,
reconstruction, excavation, rehabilitation, repair,  renovation,  alter-
ation  or  improvement authorized pursuant to this act shall be deemed a
state agency for the purposes of article 15-A of the executive  law  and
subject to the provisions of such article.
  S  5.  Notwithstanding  any  general, special or local 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 lease or agreement
for  construction,  demolition,  reconstruction,  excavation,  rehabili-
tation,  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 article 8 of the  labor  law  shall  be  required  of  any
lessee,  sublessee,  contractor  and/or  subcontractor performing 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 6. Notwithstanding any law, rule or regulation to the contrary,  the
State  University  of  New  York  shall not contract out to Old Westbury
College Foundation, Inc. or any subsidiary for the  instruction  or  any
pedagogical  functions  or services, or any administrative services, and
professional services currently being performed by state employees.  All
such functions and services shall be performed by state employees pursu-
ant  to  the  civil service law. Nothing in this act shall result in the
displacement of any currently employed state worker or the loss of posi-
tion (including partial displacement such as reduction in the  hours  of
non-overtime, wages or employment benefits), or result in the impairment
of  existing  contracts  for  services  or  collective bargaining rights

S. 6837--B                          3

pursuant to existing agreements. All positions currently  at  the  State
University  of New York in the unclassified service of the civil service
law shall remain in  the  unclassified  service.  No  services  or  work
currently  performed  by public employees or future work that is similar
in scope and nature to the work  being  currently  performed  by  public
employees  shall be contracted out or privatized by the State University
of New York or by an affiliated entity or associated entity of the State
University of New York. All such  future  work  shall  be  performed  by
public employees.
  S 7. Nothing in this act shall be deemed to waive or impair any rights
or benefits 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 certified representatives of such employees and the state of
New York pursuant to article 14 of  the  civil  service  law;  all  work
performed on such property that ordinarily would be performed by employ-
ees  subject to article 14 of the civil service law shall continue to be
performed by such employees.
  S 8. Notwithstanding the provisions of any general, special, or  local
law or judicial decision to the contrary:
  (a) The Old Westbury College Foundation, Inc. may require a contractor
awarded  a  contract, subcontract, lease, grant, bond, covenant or other
agreement for a project to enter into a project labor  agreement  during
and  for  the  work  involved with such project when such requirement is
part of The Old Westbury College Foundation, Inc. request for  proposals
for  the  project  and  when  The  Old Westbury College Foundation, Inc.
determines that the record supporting the decision to enter into such an
agreement establishes that  the  interests  underlying  the  competitive
bidding laws are best met by requiring a project labor agreement includ-
ing:  obtaining  the  best work at the lowest possible price; preventing
favoritism, fraud and corruption; the impact of delay;  the  possibility
of cost savings; and any local history of labor unrest.
  (b)  If  The  Old Westbury College Foundation, Inc. does not require a
project labor agreement,  then  any  contractor,  subcontractor,  lease,
grant, bond, covenant or other agreements for a project shall be awarded
pursuant to section 135 of the state finance law.
  S 9. Without limiting the determination of the terms and conditions of
such contracts or leases, such term and conditions may provide for leas-
ing,  subleasing, construction, reconstruction, rehabilitation, improve-
ment, operation and management of and provision of services and  assist-
ance and the granting of licenses, easements and other arrangements with
regard  to such grounds and facilities by The Old Westbury College Foun-
dation, Inc., and parties contracting  with  The  Old  Westbury  College
Foundation, Inc., and, in connection with such activities, the obtaining
of funding or financing, whether public or private, unsecured or secured
(including,  but  not  limited  to,  secured  by leasehold mortgages and
assignments of rents and leases), by The Old  Westbury  College  Founda-
tion, Inc. and parties contracting with The Old Westbury College Founda-
tion,  Inc. for the purposes of completing the project described in this
act.
  S 10. Such lease shall include  an  indemnity  provision  whereby  the
lessee  or sublessee promises to indemnify, hold harmless and defend the
lessor against all claims, suits, actions, and liability to all  persons
on  the leased premises, including tenant, tenant's agents, contractors,
subcontractors, employees, customers, guests,  licensees,  invitees  and
members of the public, for damage to any such person's property, whether

S. 6837--B                          4

real  or  personal, or for personal injuries arising out of tenant's use
or occupation of the demised premises.
  S  11. Any contracts entered into pursuant to this act between The Old
Westbury College Foundation, Inc. and parties contracting with  The  Old
Westbury  College  Foundation,  Inc.  shall  be awarded by a competitive
process.
  S 12. The property authorized by this act to  be  leased  to  the  Old
Westbury  College Foundation, Inc. is generally described as that parcel
of real property with improvements thereon, consisting  of  a  total  of
approximately 5.500 acres, situated on the campus of the State Universi-
ty  of New York College at Old Westbury. The description in this section
of the parcel to be made available pursuant to this act is not meant  to
be a legal description, but is intended only to identify the parcel:
  BEGINNING at a point in the dividing line between lands now or former-
ly  of the State of New York, Old Westbury College and The Hamlet Condo-
miniums Number one, said point being distant 0.57 feet on  a  course  of
North  64  degrees  45  minutes  53 seconds West from a granite monument
found, all as shown on a certain map entitled "MAP OF SURVEY, OLD  WEST-
BURY  COLLEGE-TOWN  OF  OYSTER  BAY,  TOWN OF NORTH HEMPSTEAD, COUNTY OF
NASSAU, STATE OF NEW YORK, DATED AUGUST 13, 2003,  Prepared  by  Boswell
Engineering  (CAD  File Supplied by the NEW YORK STATE OFFICE OF GENERAL
SERVICES), Said Beginning Point having New York State  Grid  Coordinates
North  226,605.93,  East  1,104,156.61  (NAD  1983, New York State, Long
Island Zone per said map); running thence (Bearings shown are in  above-
referenced system)
  1) thence South 11 degrees 20 minutes 54 seconds East 524.04 feet to a
point in said dividing line, marked by a Re-Bar set November 16, 2015;
  2)  thence  along  a  new line, South 76 degrees 14 minutes 16 seconds
West 659.59 feet to a point in a line established in the above reference
CAD file, located approximately 10 feet from the edge  of  the  traveled
way  of an access road known as Greentree Circle, said point also marked
by a Re-Bar set November 16, 2015; running along said line the following
5 courses;
  3) thence North 08 degrees 41 minutes 55 seconds West 25.61 feet to  a
point;
  4)  thence  along  a non-tangent curve to the RIGHT having a radius of
400.38 feet, an arc distance of 282.54  feet,  a  central  angle  of  40
degrees  25  minutes  55 seconds, a chord bearing of North 18 degrees 26
minutes 01 second East and a chord distance of 276.71 feet to a point;
  5) thence along a non-tangent curve to the RIGHT having  a  radius  of
1,319.33  feet,  an  arc  distance of 203.46 feet, a central angle of 08
degrees 50 minutes 09 seconds, a chord bearing of North  44  degrees  09
minutes 14 seconds East and a chord distance of 203.26 feet to a point;
  6) thence North 47 degrees 35 minutes 38 seconds East 274.70 feet to a
point, marked by a Re-Bar set February 4, 2013;
  7)  thence  North 64 degrees 41 minutes 06 seconds East 121.12 feet to
the point and place of BEGINNING.
  CONTAINING an area of 239,595 square feet or 5.500 acres of land, more
or less. SUBJECT TO all existing easements and restrictions of record.
  S 13. The State University of New York shall not lease lands described
in this act unless any such lease shall be executed within  three  years
of the effective date of this act.
  S 14. Notwithstanding any law, rule or regulation to the contrary, the
state  university  of  New  York  shall not contract out to Old Westbury
College Foundation, Inc. or any subsidiary for the  instruction  or  any
pedagogical  functions  or services, or any administrative services, and

S. 6837--B                          5

professional services currently being performed by  state  employees  on
the property described in section eleven of this act. All such functions
and services shall be performed by state employees pursuant to the civil
service law. Nothing in this act shall result in the displacement of any
currently  employed  state  worker  or  the loss of position, (including
partial displacement such as reduction in  the  hours  of  non-overtime,
wages  or  employment  benefits) or result in the impairment of existing
contracts for services  or  collective  bargaining  rights  pursuant  to
existing  agreements. All positions currently at the state university of
New York in the unclassified service of  the  civil  service  law  shall
remain  in the unclassified service. No services or work on the property
described in section eleven of this act currently  performed  by  public
employees or future work that is similar in scope and nature to the work
being currently performed by public employees shall be contracted out or
privatized by the state university of New York or by an affiliated enti-
ty  or  associated  entity of the state university of New York. All such
future work shall be performed by public employees.
  S 15. Insofar as the provisions of this act are inconsistent with  the
provisions of any law, general, special or local, the provisions of this
act shall be controlling.
  S 16. This act shall take effect immediately.