Senate Bill S9683

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9683
 
                             I N  S E N A T E
 
                               May 20, 2024
                                ___________
 
 Introduced  by  Sen. PALUMBO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Higher Education
 
 AN ACT relating to authorizing the state university of New York at Stony
   Brook to lease certain lands to construct multi-purpose facilities  to
   support housing needs and supporting amenities for students and staff

   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  state
 university  of  New  York  at  Stony  Brook ("Stony Brook") seeks to use
 approximately 16 acres of underutilized land on Stony Brook's  Southamp-
 ton  campus  to  build multi-purpose facilities to support housing needs
 and supporting amenities for the university's undergraduate and graduate
 students, as well as junior faculty and staff.  The legislature  further
 finds  that  granting  the  trustees of the state university of New York
 ("Trustees") the authority and power to lease and otherwise contract  to
 make  available  grounds  and  facilities  of  Stony Brook's campus will
 ensure such land is  utilized  for  the  benefit  of  Stony  Brook,  the
 surrounding community, and the general public.
   §  2.  Notwithstanding any other law to the contrary, the trustees are
 authorized and empowered, without  any  public  bidding,  to  lease  and
 otherwise contract to make available to a ground lessee a portion of the
 lands  of Stony Brook generally described in this act for the purpose of
 developing, constructing, maintaining and operating multi-purpose facil-
 ities to support housing needs and supporting amenities. Such  lease  or
 contract  shall  be for a period not exceeding ninety-nine years without
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15718-01-4
 S. 9683                             2
 
 contract  and any improvements thereon shall revert to the state univer-
 sity of New York on the expiration of such contract or  lease.  Any  and
 all  proceeds related to the leases authorized by this act shall be used
 for  the  benefit  of  the Stony Brook campus and the allocation of such
 proceeds shall be subject to approval by the Trustees.
   § 3. Any contract or lease entered into pursuant to this act shall  be
 deemed to be a state contract for purposes of article 15-A of the execu-
 tive  law, and any contractor, subcontractor, lessee or sublessee enter-
 ing into such contract or lease for the construction, demolition, recon-
 struction, excavation, rehabilitation, repair, renovation, alteration 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.
   §  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 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  or  subcon-
 tractor  on  the  project,  including the enforcement of prevailing wage
 requirements by the fiscal officer as defined in paragraph e of subdivi-
 sion 5 of section 220 of the labor law to the same extent as a  contract
 of the state.
   §  5. Notwithstanding any law, rule or regulation to the contrary, the
 state university of New York shall not contract out for the  instruction
 or   any  pedagogical  functions  or  services,  or  any  administrative
 services, and similar professional services currently being performed by
 state employees. 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  posi-
 tions  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 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 entity or associated entity of the state
 university  of  New  York.  All  such  future work shall be performed by
 public employees.
   § 6. For the purposes of this act:
   (a) "project" shall mean work at the property authorized by  this  act
 to  be  leased  as described in section twelve of this act that involves
 the design, construction, reconstruction, demolition, excavating,  reha-
 bilitation,  repair, renovation, alteration or improvement of such prop-
 erty.
   (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
 S. 9683                             3
 
 which provides that only contractors and subcontractors who sign a  pre-
 negotiated  agreement  with  the  labor organization can perform project
 work.
   §  7. Notwithstanding the provisions of any general, special, or local
 law or judicial decision to the contrary: (a)  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
 ground lessee's request for proposals for the project and when the state
 university  of  New  York  at  Stony  Brook  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 including 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  state  university  of  New  York at Stony Brook 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.
   § 8. 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.
   § 9. Without limiting the determination of the terms and conditions of
 such  contracts  or  leases,  such  terms and conditions may provide for
 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 ground lessee,
 and parties contracting with the ground lessee, 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
 ground  lessee  and  parties  contracting with the ground lessee for the
 purposes of completing the project described in this act.
   § 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
 real  or  personal, or for personal injuries arising out of tenant's use
 or occupation of the demised premises.
   § 11. Any contracts entered into pursuant  to  this  act  between  the
 ground  lessee  and  parties contracting with the ground lessee shall be
 awarded by a competitive process.
   § 12. The property authorized by this act to be leased to  the  ground
 lessee  is  generally  described  as approximately 16.7217 acres of land
 situated on the campus of the state university  of  New  York  at  Stony
 Brook  within  the  town  of Brookhaven, county of Suffolk, state of New
 York more particularly described as follows:
 S. 9683                             4
 
   Beginning at a point within lot 2 of section 199, block 1 and being on
 the southerly side of Circle Road, a private road of undesignated width,
 having New York state plane (LI Zone) 1983 coordinate  values  of  North
 275669.8546  and  East 1225232.3830. The said point being distant 295.88
 feet  on  a  bearing of North 42 degrees 47 minutes 36 seconds East from
 the Northeast corner of section 198, block 7,  lot  3  now  or  formerly
 belonging  to the town of Brookhaven as per liber 11011 at page 576, and
 running from the said point of beginning; thence
   Running the following nineteen (19) courses through said lot 2.6:
   1) Following along the said Southerly side of said Circle Road,  North
 30  degrees, 13 minutes, 30 seconds East, a distance of 339.00 feet to a
 point of curvature; thence
   2) Following along the same, on a curve to the right having  a  radius
 of 3148.50 feet, a central angle of 05 degrees 04 minutes 00 seconds and
 an arc length of 278.42 feet to a point of non-tangency; thence
   3)  Leaving  the said side of Circle Road, South 63 degrees 07 minutes
 11 seconds East, a distance of 110.00 feet, thence
   4) south 61 degrees 36 minutes 00 seconds east, a distance  of  193.00
 feet; thence
   5)  south  65 degrees 28 minutes 00 seconds east, a distance of 135.00
 feet ; thence
   6) South 61 degrees 17 minutes 00 seconds East a  distance  of  371.50
 feet ; thence
   7)  South  28  degrees 43 minutes 00 seconds West a distance of 199.50
 feet ; thence
   8) south 07 degrees 38 minutes 00 seconds west, a  distance  of  25.00
 feet to a point of non-tangent curvature; thence
   9)  on  a  curve to the left having a radius of 160.00 feet, a central
 angle of 64 degrees 09 minutes 42 seconds and an arc  length  of  179.17
 feet,  the  chord  of which bears south 40 degrees 33 minutes 51 seconds
 West for a distance of 169.66 feet to a point of tangency; thence
   10) south 08 degrees 29 minutes 00 seconds west, a distance of 384.000
 feet; thence
   11) North 82 degrees 34 minutes 00 seconds west, a distance  of  35.50
 feet to a point of curvature; thence
   12)  on  a  curve to the left having a radius of 75.00 feet, a central
 angle of 90 degrees 07 minutes 00 seconds, and an arc length  of  117.96
 feet to a point of tangency; thence
   13)  south 07 degrees 19 minutes 00 seconds west, a distance of 113.15
 feet; thence
   14) North 79 degrees 46 minutes 00 seconds West, a distance of  255.50
 feet ; thence
   15)  North  37 degrees 39 minutes 00 seconds west, a distance of 42.50
 feet; thence
   16) North 06 degrees 38 minutes 00 seconds west, a distance of  104.50
 feet to a point of curvature; thence
   17)  on  a curve to the left having a radius of 230.00 feet, a central
 angle of 30 degrees 52 minutes 00 seconds, and an arc length  of  123.91
 feet to a point of tangency; thence
   18)  north 37 degrees 30 minutes 00 seconds west, a distance of 412.80
 feet; thence
   19) North 25 degrees 35 minutes 00 seconds West, a distance of  118.00
 feet to the point and place of Beginning.
   The above-described lease area contains 728,396 square feet or 16.7217
 acres of land.
 S. 9683                             5
 
   The  above-described development area was written in accordance with a
 map entitled, "Boundary & Location Survey, District  200,  section  199,
 block  1,  Part of Lot 2.6, at, Stony Brook University, Hamlet of Stony-
 brook, town of Brookhaven, Suffolk county, state of New  York"  prepared
 by Gallas Surveying Group.
   § 13. The state university of New York shall not lease lands described
 in  this  act  unless any such lease shall be executed within 5 years of
 the effective date of this act.
   § 14. 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.
   § 15. This act shall take effect immediately.