NY State Senate Bill 2017-S5296

Senate Bill S5296

2017-2018 Legislative Session

Relates to the powers and duties of the dormitory authority of the state of New York relative to financing for community colleges and certain related entities

download bill text pdf

Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to corporations, authorities and commissions
Mar 20, 2017	referred to corporations, authorities and commissions

2017-S5296 (ACTIVE) - Details

Current Committee:: Senate Corporations, Authorities And Commissions
Law Section:: Public Authorities Law
Laws Affected:: Amd §§1676 & 1680, Pub Auth L; amd §6304, Ed L

2017-S5296 (ACTIVE) - Summary

Relates to the powers and duties of the dormitory authority of the state of New York relative to financing for community colleges and certain related entities.

2017-S5296 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5296

 TITLE OF BILL :

An act to amend the public authorities law and the education law, in
relation to the powers and duties of the dormitory authority of the
state of New York relative to financing for community colleges and
certain related entities

 PURPOSE :

The bill would authorize the Dormitory Authority of the State of New
York ("DASNY") to provide financing and construction services to: (i)
any not-for-profit corporation organized by officers, employees,
alumni or students of a locally sponsored community college; or (ii) a
locally sponsored community college, for the purpose of providing
certain capital facilities that are proposed to be financed wholly at
the expense of the not-for-profit corporation or the community college
without any capital contribution from the State of New York.

 SUMMARY OF PROVISIONS :

Sections 1 and 2 of the bill would amend the definition of "dormitory"
and "educational institution," respectively, to include any
not-for-profit entity organized by officers, employees, alumni or
students of a locally sponsored community college, qualified as

tax-exempt under the Internal Revenue Code and organized for the
purpose of providing housing or other facilities, including academic
and administration buildings, libraries, laboratories, classrooms or
any other facility, building or structure essential, necessary or
useful in furthering the academic, cultural, health or research
programs of the locally sponsored community college ("community
college auxiliary corporation"). DASNY, however, would not be
permitted to undertake any project pursuant to this authorization
unless the board of trustees of the locally sponsored community
college approves the project.

Sections 1 and 2 of the bill would further amend the definition of
"dormitory" and "educational institution," respectively, to include a
locally sponsored community college for the purpose of acquiring and
constructing a community college dormitory, as provided by section 3
of the bill.

Section 2 of the bill, which relates to projects undertaken by a
community college auxiliary corporation for the benefit of a local
community college, would authorize any such corporation to enter into
agreements with the locally sponsored community college, the local
sponsor and DASNY as necessary to: (i) undertake the financing of any
such project, including, but not limited to, providing conveyance of
property held in trust by the local sponsor for the uses and purposes
of the locally sponsored community college to the non-for-profit
entity; or (ii) grant DASNY a lien on any revenues, property or moneys
pledged by the not-for-profit entity to DASNY to secure the payment of
all amounts owed to DASNY. The bill would authorize and require State
and local officers to pay any funds that are so assigned and pledged
to DASNY or, upon the direction of DASNY, to any trustee of any DASNY
bond or note issue.

Section 3 of the bill, which relates to dormitory projects undertaken
by the community college, would authorize DASNY to enter into an
agreement with a locally sponsored community college to finance and
construct one or more community college dormitories. Such agreement
may provide for the payment of annual rentals and other payments by
the locally sponsored community college to DASNY. Section 3 would
further provide that if the locally sponsored community college fails
to pay, DASNY shall certify to the State Comptroller the amount
unpaid. The State Comptroller, after notifying the Division of Budget,
shall then pay DASNY from any monies appropriated by the State for the
operating costs of the locally sponsored community college.

Section 4 of the bill would amend the Education Law to provide a
parallel authorization to a community college to enter into such
agreements with DASNY as necessary to finance and construct a
community college dormitory and in connection therewith, and to grant
DASNY a lien on any revenues or property or any moneys to be received
by such community college derived from the operations of the project
being financed to the extent that such revenues, property or moneys
are pledged by the community college to DASNY to secure the payment of
all amounts owed to DASNY. Section 4 would further authorize State and
local officers to pay all such funds so assigned and pledged to DASNY
or to any trustee of any DASNY bond or note issue.

Section 5 of the bill would require that any project undertaken by
DASNY would be deemed a public work to be performed in accordance with
the provisions of Article 8 of the Labor Law and subject to Sections
222 and 224 of the Labor Law. The prevailing wage requirements would
be enforced by the New York State Department of Labor. Furthermore
each project undertaken by DASNY would be subject to the provisions of
Article 15-A of the Executive Law, Article 8 of the Environmental
Conservation Law and Sections 139-d, 139-j and 139-k of the State
Finance Law. Finally, projects undertaken by DASNY would also comply
with Section 21 of Chapter 464 of the Laws of 1972 to the extent such
Section 21 requires compliance with Section 101 of the General
Municipal Law.

Section 6 of the bill would make it effective immediately.

 JUSTIFICATION :

DASNY is currently authorized to provide construction and financing
services to locally-sponsored community colleges through its existing
programs, under which DASNY and the local sponsor share in the cost of
the project. However, some community colleges have identified projects
that could be financed solely from their own financial resources
without any capital aid from the State. The bill would provide DASNY
with the flexibility to meet these needs.

 LEGISLATIVE HISTORY :

This is a new bill.

 FISCAL IMPLICATIONS :

Possible savings to State as project financed under this bill would
not receive State capital aid.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S5296 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5296
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 20, 2017
                                ___________
 
 Introduced by Sen. RANZENHOFER -- (at request of the Dormitory Authority
   of  the State of New York) -- read twice and ordered printed, and when
   printed to be committed to the Committee on Corporations,  Authorities
   and Commissions
 
 AN  ACT  to  amend  the public authorities law and the education law, in
   relation to the powers and duties of the dormitory  authority  of  the
   state  of  New  York  relative to financing for community colleges and
   certain related entities
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. 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:
   ANY  ENTITY  THAT  IS  (I) ORGANIZED BY OFFICERS, EMPLOYEES, ALUMNI OR
 STUDENTS OF A LOCALLY SPONSORED COMMUNITY COLLEGE, INCLUDING  A  LOCALLY
 SPONSORED  COMMUNITY  COLLEGE  ESTABLISHED  AND  OPERATED BY A COMMUNITY
 COLLEGE REGION AS SET FORTH IN SECTION SIX THOUSAND THREE HUNDRED ONE OF
 THE EDUCATION LAW, TO SUPPORT THE LOCALLY SPONSORED  COMMUNITY  COLLEGE;
 AND  (II)  QUALIFIED AS AN ORGANIZATION UNDER THE UNITED STATES INTERNAL
 REVENUE CODE AS EXEMPT FROM INCOME TAX, OTHER THAN ANY ENTITY  WHICH  IS
 ORGANIZED  EXCLUSIVELY  BY  STUDENTS  OF THE LOCALLY SPONSORED COMMUNITY
 COLLEGE,  FOR   THE   FINANCING,   REFINANCING,   ACQUISITION,   DESIGN,
 CONSTRUCTION,  RECONSTRUCTION,  REHABILITATION,  IMPROVEMENT, FURNISHING
 AND EQUIPPING OF ANY HOUSING UNIT FOR  THE  USE  OF  STUDENTS,  FACULTY,
 STAFF  AND  THEIR  FAMILIES  OR OF ANY ACADEMIC BUILDING, ADMINISTRATION
 BUILDING, LIBRARY,  LABORATORY,  CLASSROOM,  HEALTH  FACILITY  OR  OTHER
 FACILITY,  BUILDING  OR  STRUCTURE  ESSENTIAL,  NECESSARY  OR  USEFUL IN
 FURTHERING THE ACADEMIC, CULTURAL, HEALTH OR RESEARCH  PROGRAMS  OF  THE
 LOCALLY  SPONSORED  COMMUNITY COLLEGE, INCLUDING ALL NECESSARY AND USUAL
 ATTENDANT AND RELATED FACILITIES AND EQUIPMENT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09984-01-7

 S. 5296                             2
 
   A LOCALLY SPONSORED COMMUNITY COLLEGE, FOR  THE  ACQUISITION,  DESIGN,
 CONSTRUCTION, RECONSTRUCTION, REHABILITATION AND IMPROVEMENT OF A COMMU-
 NITY  COLLEGE  DORMITORY  IN  ACCORDANCE  WITH  SUBDIVISION FORTY-ONE OF
 SECTION SIXTEEN HUNDRED EIGHTY OF THIS TITLE.
   §  2.  Subdivision  1 of section 1680 of the public authorities law is
 amended by adding two new undesignated paragraphs to read as follows:
   ANY ENTITY THAT IS (I) ORGANIZED BY  OFFICERS,  EMPLOYEES,  ALUMNI  OR
 STUDENTS  OF  A LOCALLY SPONSORED COMMUNITY COLLEGE, INCLUDING A LOCALLY
 SPONSORED COMMUNITY COLLEGE ESTABLISHED  AND  OPERATED  BY  A  COMMUNITY
 COLLEGE REGION AS SET FORTH IN SECTION SIX THOUSAND THREE HUNDRED ONE OF
 THE  EDUCATION  LAW, TO SUPPORT THE LOCALLY SPONSORED COMMUNITY COLLEGE;
 AND (II) QUALIFIED AS AN ORGANIZATION UNDER THE UNITED  STATES  INTERNAL
 REVENUE  CODE  AS EXEMPT FROM INCOME TAX, OTHER THAN ANY ENTITY WHICH IS
 ORGANIZED EXCLUSIVELY BY STUDENTS OF  THE  LOCALLY  SPONSORED  COMMUNITY
 COLLEGE,   FOR   THE   FINANCING,   REFINANCING,   ACQUISITION,  DESIGN,
 CONSTRUCTION, RECONSTRUCTION,  REHABILITATION,  IMPROVEMENT,  FURNISHING
 AND  EQUIPPING  OF  ANY  HOUSING  UNIT FOR THE USE OF STUDENTS, FACULTY,
 STAFF AND THEIR FAMILIES OR OF  ANY  ACADEMIC  BUILDING,  ADMINISTRATION
 BUILDING,  LIBRARY,  LABORATORY, CLASSROOM, HEALTH FACILITY OR ANY OTHER
 BUILDING, FACILITY  OR  STRUCTURE  ESSENTIAL,  NECESSARY  OR  USEFUL  IN
 FURTHERING  THE  ACADEMIC, CULTURAL, HEALTH OR RESEARCH PROGRAMS FOR THE
 LOCALLY SPONSORED COMMUNITY COLLEGE, INCLUDING ALL NECESSARY  AND  USUAL
 ATTENDANT  AND  RELATED  FACILITIES AND COMMUNITY COLLEGE, INCLUDING ALL
 NECESSARY AND USUAL ATTENDANT  AND  RELATED  FACILITIES  AND  EQUIPMENT;
 PROVIDED  HOWEVER THAT ANY PROJECT PROPOSED TO BE UNDERTAKEN PURSUANT TO
 THIS PARAGRAPH SHALL FIRST BE APPROVED BY THE BOARD OF TRUSTEES  OF  THE
 LOCALLY  SPONSORED COMMUNITY COLLEGE; PROVIDED FURTHER AND NOTWITHSTAND-
 ING ANY PROVISION OF LAW TO THE CONTRARY, THAT ANY  SUCH  NOT-FOR-PROFIT
 ENTITY,  THE  LOCALLY  SPONSORED COMMUNITY COLLEGE AND THE LOCAL SPONSOR
 ARE HEREBY AUTHORIZED TO TAKE SUCH ACTIONS AND TO ENTER INTO SUCH AGREE-
 MENTS WITH THE DORMITORY AUTHORITY AS ARE NECESSARY TO:   (I)  UNDERTAKE
 THE  FINANCING,  REFINANCING,  ACQUISITION, DESIGN, CONSTRUCTION, RECON-
 STRUCTION, REHABILITATION, IMPROVEMENT, FURNISHING AND EQUIPPING OF  ANY
 PROJECT  AS  PROVIDED  IN THIS PARAGRAPH, INCLUDING, BUT NOT LIMITED TO,
 PROVIDING FOR THE CONVEYANCE OF PROPERTY HELD  IN  TRUST  BY  THE  LOCAL
 SPONSOR  FOR  THE  USES  AND PURPOSES OF THE LOCALLY SPONSORED COMMUNITY
 COLLEGE TO THE NOT-FOR-PROFIT ENTITY; OR (II) GRANT THE AUTHORITY A LIEN
 ON ANY REVENUES OR PROPERTY OR ANY MONEYS TO BE RECEIVED BY THE NOT-FOR-
 PROFIT ENTITY TO THE EXTENT THAT SUCH REVENUES, PROPERTY OR  MONEYS  ARE
 PLEDGED  BY  THE ENTITY TO THE DORMITORY AUTHORITY TO SECURE THE PAYMENT
 OF ALL AMOUNTS OWED TO THE AUTHORITY ON ACCOUNT OF ANY PROJECT UNDERTAK-
 EN PURSUANT TO THIS PARAGRAPH. ALL STATE AND LOCAL OFFICERS  ARE  HEREBY
 AUTHORIZED TO PAY ALL SUCH FUNDS SO ASSIGNED AND PLEDGED TO THE DORMITO-
 RY  AUTHORITY  OR, UPON THE DIRECTION OF THE DORMITORY AUTHORITY, TO ANY
 TRUSTEE OF ANY DORMITORY AUTHORITY BOND  OR  NOTE  ISSUED.  NEITHER  THE
 STATE OF NEW YORK, THE LOCAL SPONSOR NOR THE LOCALLY SPONSORED COMMUNITY
 COLLEGE  SHALL  TAKE  ANY ACTION IN SUCH MANNER AS TO IMPAIR OR DIMINISH
 THE RIGHTS AND REMEDIES OF THE AUTHORITY PURSUANT TO ANY SUCH PLEDGE AND
 ASSIGNMENT AND ANY LIEN OR OTHER SECURITY INTEREST CREATED  PURSUANT  TO
 THIS PARAGRAPH.
   A  LOCALLY  SPONSORED  COMMUNITY COLLEGE, FOR THE ACQUISITION, DESIGN,
 CONSTRUCTION, RECONSTRUCTION, REHABILITATION AND IMPROVEMENT OF A COMMU-
 NITY COLLEGE DORMITORY IN ACCORDANCE WITH SUBDIVISION FORTY-ONE OF  THIS
 SECTION.
   § 3. Section 1680 of the public authorities law is amended by adding a
 new subdivision 41 to read as follows:

 S. 5296                             3
 
   41.  A.  FOR  THE  PURPOSES  OF THIS SUBDIVISION, A "COMMUNITY COLLEGE
 DORMITORY" SHALL MEAN  A  HOUSING  UNIT,  INCLUDING  ALL  NECESSARY  AND
 ATTENDANT  AND  RELATED  FACILITIES  AND  EQUIPMENT  ACQUIRED, DESIGNED,
 CONSTRUCTED, RECONSTRUCTED, REHABILITATED  AND  IMPROVED,  OR  OTHERWISE
 PROVIDED   THROUGH  THE  DORMITORY  AUTHORITY  IN  ACCORDANCE  WITH  THE
 PROVISIONS OF THE DORMITORY AUTHORITY  ACT  FOR  THE  USE  OF  STUDENTS,
 MARRIED  STUDENTS,  FACULTY, STAFF AND THE FAMILIES THEREOF AT A LOCALLY
 SPONSORED COMMUNITY COLLEGE.
   B. THE DORMITORY AUTHORITY IS HEREBY EMPOWERED AND AUTHORIZED TO ENTER
 INTO A LEASE OR OTHER  AGREEMENT  WITH  A  LOCALLY  SPONSORED  COMMUNITY
 COLLEGE  TO FINANCE, REFINANCE, ACQUIRE, DESIGN, CONSTRUCT, RECONSTRUCT,
 REHABILITATE, IMPROVE, FURNISH AND EQUIP ONE OR MORE  COMMUNITY  COLLEGE
 DORMITORIES.  SUCH  LEASE OR OTHER AGREEMENT MAY PROVIDE FOR THE PAYMENT
 OF ANNUAL RENTALS AND OTHER PAYMENTS BY THE LOCALLY SPONSORED  COMMUNITY
 COLLEGE  TO  THE  DORMITORY  AUTHORITY  AND CONTAIN SUCH OTHER TERMS AND
 CONDITIONS AS MAY BE AGREED UPON BY THE PARTIES THERETO,  INCLUDING  BUT
 NOT  LIMITED  TO PROVISIONS RELATING TO THE MAINTENANCE AND OPERATION OF
 THE COMMUNITY COLLEGE DORMITORIES, THE ESTABLISHMENT OF  RESERVE  FUNDS,
 INDEMNITIES  AND THE DISPOSITION OF A COMMUNITY COLLEGE DORMITORY OR THE
 INTEREST OF THE DORMITORY AUTHORITY THEREIN PRIOR TO OR UPON THE  TERMI-
 NATION OR EXPIRATION OF SUCH LEASE OR OTHER AGREEMENT.
   C.  IN THE EVENT OF A FAILURE OF A LOCALLY SPONSORED COMMUNITY COLLEGE
 TO PAY THE DORMITORY AUTHORITY WHEN DUE ALL OR PART OF  AMOUNTS  PAYABLE
 BY  THE  LOCALLY  SPONSORED COMMUNITY COLLEGE TO THE DORMITORY AUTHORITY
 PURSUANT TO A LEASE OR AGREEMENT AUTHORIZED  BY  THIS  SUBDIVISION,  THE
 DORMITORY  AUTHORITY SHALL FORTHWITH MAKE AND DELIVER TO THE STATE COMP-
 TROLLER A CERTIFICATE STATING THE AMOUNT OF THE PAYMENT REQUIRED TO HAVE
 BEEN MADE BY THE LOCALLY SPONSORED COMMUNITY COLLEGE, THE AMOUNT PAID BY
 THE LOCALLY SPONSORED COMMUNITY COLLEGE, AND THE AMOUNT REMAINING UNPAID
 BY THE LOCALLY SPONSORED COMMUNITY COLLEGE. THE STATE COMPTROLLER, AFTER
 GIVING WRITTEN NOTICE TO THE DIRECTOR OF THE BUDGET, SHALL  PAY  TO  THE
 DORMITORY  AUTHORITY THE AMOUNT SET FORTH IN SUCH CERTIFICATE AS REMAIN-
 ING UNPAID, WHICH AMOUNT SHALL BE PAID FROM ANY MONIES  APPROPRIATED  BY
 THE  STATE FOR OR ON ACCOUNT OF THE OPERATING COSTS OF THE LOCALLY SPON-
 SORED COMMUNITY COLLEGE AND NOT YET PAID. THE AMOUNT REQUIRED TO BE PAID
 BY THE STATE COMPTROLLER PURSUANT TO THIS PARAGRAPH SHALL BE PAID TO THE
 DORMITORY AUTHORITY AS SOON AS PRACTICABLE AFTER RECEIPT OF THE  CERTIF-
 ICATE OF THE DORMITORY AUTHORITY AND NOTICE TO THE DIRECTOR OF THE BUDG-
 ET  IS GIVEN, WHETHER OR NOT THE MONEYS FROM WHICH SUCH PAYMENT IS TO BE
 MADE ARE THEN  DUE  AND  PAYABLE  TO  THE  LOCALLY  SPONSORED  COMMUNITY
 COLLEGE. THE AMOUNT OF STATE APPROPRIATIONS PAYABLE TO THE LOCALLY SPON-
 SORED  COMMUNITY  COLLEGE  FROM  WHICH  THE STATE COMPTROLLER HAS MADE A
 PAYMENT PURSUANT TO THIS PARAGRAPH SHALL BE REDUCED  BY  THE  AMOUNT  SO
 PAID TO THE DORMITORY AUTHORITY, NOTWITHSTANDING THE AMOUNT APPROPRIATED
 AND APPORTIONED BY THE STATE TO THE LOCALLY SPONSORED COMMUNITY COLLEGE,
 AND  THE  STATE SHALL NOT BE OBLIGATED TO MAKE AND THE LOCALLY SPONSORED
 COMMUNITY COLLEGE SHALL NOT BE ENTITLED TO RECEIVE ANY ADDITIONAL APPOR-
 TIONMENT OR PAYMENT OF STATE MONEYS. NOTHING CONTAINED IN THIS  SUBDIVI-
 SION SHALL BE CONSTRUED TO CREATE AN OBLIGATION UPON THE STATE TO APPRO-
 PRIATE  MONEYS  FOR  OR ON ACCOUNT OF THE OPERATING COSTS OF THE LOCALLY
 SPONSORED COMMUNITY COLLEGE, TO PRECLUDE THE  STATE  FROM  REDUCING  THE
 AMOUNT OF MONEYS APPROPRIATED OR LEVEL OF SUPPORT PROVIDED FOR THE OPER-
 ATING  COSTS  OF THE LOCALLY SPONSORED COMMUNITY COLLEGE FROM THE AMOUNT
 APPROPRIATED OR LEVEL OF SUPPORT PROVIDED IN ANY PRIOR FISCAL  YEAR,  OR
 TO  PRECLUDE THE STATE FROM ALTERING OR MODIFYING THE MANNER IN WHICH IT

 S. 5296                             4
 
 PROVIDES FOR THE OPERATING COSTS  OF  THE  LOCALLY  SPONSORED  COMMUNITY
 COLLEGE.
   D.  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE STATE OF
 NEW YORK SHALL NOT BE REQUIRED TO PROVIDE A SHARE OF THE  CAPITAL  COSTS
 OF  A  COMMUNITY COLLEGE DORMITORY FINANCED PURSUANT TO THIS SUBDIVISION
 AND THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY  TO  ANY  PROJECT
 PURSUANT  TO  WHICH THE STATE APPROPRIATES FUNDS PURSUANT TO SUBDIVISION
 EIGHT OF SECTION SIX THOUSAND THREE HUNDRED FOUR OF THE  EDUCATION  LAW.
 EXCEPT AS PROVIDED IN THIS SUBDIVISION, ALL PROVISIONS OF THIS TITLE NOT
 INCONSISTENT WITH THE PROVISIONS OF THIS SUBDIVISION SHALL BE APPLICABLE
 WITH  RESPECT  TO  ANY BONDS OF THE DORMITORY AUTHORITY ISSUED TO OBTAIN
 FUNDS FOR ANY PURPOSE AUTHORIZED UNDER THIS SUBDIVISION FOR THE  BENEFIT
 OF  A LOCALLY SPONSORED COMMUNITY COLLEGE AND WITH RESPECT TO THE POWERS
 OF THE DORMITORY AUTHORITY.
   § 4. Section 6304 of the education law is  amended  by  adding  a  new
 subdivision 14 to read as follows:
   14.  A.  FOR  THE  PURPOSES  OF THIS SUBDIVISION, A "COMMUNITY COLLEGE
 DORMITORY" SHALL MEAN  A  HOUSING  UNIT,  INCLUDING  ALL  NECESSARY  AND
 ATTENDANT  AND  RELATED  FACILITIES  AND  EQUIPMENT  ACQUIRED, DESIGNED,
 CONSTRUCTED, RECONSTRUCTED, REHABILITATED  AND  IMPROVED,  OR  OTHERWISE
 PROVIDED   THROUGH  THE  DORMITORY  AUTHORITY  IN  ACCORDANCE  WITH  THE
 PROVISIONS OF THE DORMITORY AUTHORITY  ACT  FOR  THE  USE  OF  STUDENTS,
 MARRIED STUDENTS, FACULTY, STAFF AND THE FAMILIES THEREOF AT A COMMUNITY
 COLLEGE.
   B.  NOTWITHSTANDING  ANY PROVISION OF LAW TO THE CONTRARY, A COMMUNITY
 COLLEGE IS AUTHORIZED TO TAKE SUCH ACTIONS AND TO ENTER INTO SUCH AGREE-
 MENTS WITH THE DORMITORY AUTHORITY AS ARE  NECESSARY  TO  UNDERTAKE  THE
 FINANCING,   REFINANCING,   ACQUISITION,  DESIGN,  CONSTRUCTION,  RECON-
 STRUCTION, REHABILITATION, IMPROVEMENT, FURNISHING AND  EQUIPPING  OF  A
 COMMUNITY  COLLEGE  DORMITORY; AND IN CONNECTION THEREWITH, TO GRANT THE
 DORMITORY AUTHORITY A LIEN ON ANY REVENUES OR PROPERTY OR ANY MONEYS  TO
 BE  RECEIVED BY THE COMMUNITY COLLEGE DERIVED FROM THE OPERATIONS OF THE
 PROJECT BEING FINANCED TO THE EXTENT THAT  SUCH  REVENUES,  PROPERTY  OR
 MONEYS  ARE  PLEDGED BY THE COMMUNITY COLLEGE TO THE DORMITORY AUTHORITY
 TO SECURE THE PAYMENT OF ALL AMOUNTS OWED TO THE DORMITORY AUTHORITY  ON
 ACCOUNT  OF  ANY COMMUNITY COLLEGE DORMITORY UNDERTAKEN PURSUANT TO THIS
 SUBDIVISION; PROVIDED, FURTHER, THAT ANY  SUCH  AGREEMENTS  MAY  PROVIDE
 THAT  THE  OBLIGATION  OF  THE COMMUNITY COLLEGE TO MAKE RENTAL OR OTHER
 PAYMENTS TO THE DORMITORY AUTHORITY SHALL  CONSTITUTE  A  GENERAL  OBLI-
 GATION  OF  THE COMMUNITY COLLEGE PAYABLE FROM ALL MONIES LEGALLY AVAIL-
 ABLE TO THE COMMUNITY COLLEGE (INCLUDING AMOUNTS PROVIDED FOR  OPERATING
 AID  BY  THE LOCAL SPONSOR OR SPONSORS TO THE COMMUNITY COLLEGE PURSUANT
 TO SUBDIVISION ONE OF THIS SECTION OR AMOUNTS PROVIDED FOR OPERATING AID
 BY THE STATE TO THE COMMUNITY COLLEGE). ALL STATE AND LOCAL OFFICERS ARE
 HEREBY AUTHORIZED TO PAY ALL SUCH FUNDS SO ASSIGNED AND PLEDGED  TO  THE
 DORMITORY  AUTHORITY  OR, UPON THE DIRECTION OF THE DORMITORY AUTHORITY,
 TO ANY TRUSTEE OF ANY DORMITORY AUTHORITY BOND OR  NOTE  ISSUE.  NEITHER
 THE  STATE  OF  NEW  YORK,  THE STATE UNIVERSITY OF NEW YORK NOR A LOCAL
 SPONSOR SHALL TAKE ANY ACTION IN SUCH MANNER AS TO  IMPAIR  OR  DIMINISH
 THE  RIGHTS AND REMEDIES OF THE DORMITORY AUTHORITY PURSUANT TO ANY SUCH
 PLEDGE AND ASSIGNMENT AND ANY LIEN OR OTHER  SECURITY  INTEREST  CREATED
 PURSUANT TO THIS SUBDIVISION.
   C.  A LOCAL SPONSOR IS AUTHORIZED TO LEASE OR OTHERWISE MAKE AVAILABLE
 TO THE DORMITORY AUTHORITY FOR THE PURPOSES SET FORTH IN  THIS  SUBDIVI-
 SION  REAL  PROPERTY HELD IN TRUST BY THE LOCAL SPONSOR FOR THE USES AND
 PURPOSES OF THE COMMUNITY COLLEGE.

 S. 5296                             5
 
   D.  NOTWITHSTANDING  ANY  PROVISION  OF  LAW  TO  THE  CONTRARY,   THE
 PROVISIONS  OF  THIS SUBDIVISION SHALL NOT APPLY TO ANY PROJECT PURSUANT
 TO WHICH THE STATE APPROPRIATES FUNDS PURSUANT TO SUBDIVISION  EIGHT  OF
 THIS  SECTION AND THE STATE OF NEW YORK SHALL NOT BE REQUIRED TO PROVIDE
 A  SHARE  OF THE CAPITAL COSTS OF A COMMUNITY COLLEGE DORMITORY FINANCED
 PURSUANT TO THIS SUBDIVISION. NO  COMMUNITY  COLLEGE  SHALL  PLEDGE  ANY
 MONEYS  APPROPRIATED  PURSUANT  TO  SUBDIVISION EIGHT OF THIS SECTION IN
 CONNECTION WITH ANY PROJECT FINANCED PURSUANT TO THIS SUBDIVISION.
   § 5. Each project undertaken by the dormitory  authority  pursuant  to
 this  act  shall  be  deemed a public work to be performed in accordance
 with the provisions of article  8  of  the  labor  law  and  subject  to
 sections  222 and 224 of the labor law and the enforcement of prevailing
 wage requirements by the  New  York  state  department  of  labor.  Each
 project undertaken by the dormitory authority pursuant to this act shall
 be subject to the provisions of article 15-A of the executive law, arti-
 cle  8  of  the environmental conservation law and sections 139-d, 139-j
 and 139-k of the state finance  law.  Each  project  undertaken  by  the
 dormitory authority pursuant to this act shall comply with section 21 of
 chapter  464  of  the  laws  of 1972 to the extent such section requires
 compliance with section 101 of the general municipal law.
   § 6. This act shall take effect immediately

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