S T A T E   O F   N E W   Y O R K
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                                  7616--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              April 23, 2025
                                ___________
 
 Introduced by Sens. MARTINEZ, PALUMBO -- 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
 
 AN  ACT  in  relation  to authorizing the lease of certain lands for the
   purpose of building undergraduate student, graduate  student,  faculty
   and staff housing
 
   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  and  declares
 that  the state university of New York at Stony Brook ("Stony Brook") is
 one of the State's flagship universities with hundreds  of  millions  of
 dollars  in  federal research, is the region's largest on-site employer,
 and, through  Stony  Brook  Medicine,  is  Suffolk  County's  safety-net
 provider. Stony Brook consists of two academic campuses, four hospitals,
 over  two  hundred  clinical  outpatient facilities, and the Long Island
 State Veterans Home.  Stony Brook is poised to  grow  both  its  student
 enrollment  and  its  workforce  but is limited due to a lack of housing
 opportunities. In fact, the single greatest issue Stony Brook has across
 its system in recruiting and retaining students, faculty  and  staff  is
 the lack of student and workforce housing.
   The  legislature  finds that Stony Brook seeks to use approximately 17
 acres of underutilized land on its Stony Brook campus  to  build  multi-
 purpose  facilities  to  support  housing needs and supporting amenities
 (including but not limited to  food  and  dining  options,  parking  and
 fitness   centers)  for  the  university's  undergraduate  and  graduate
 students, as well as junior faculty and  certain  university  employees.
 It  is  expected that up to 1,900 beds would be made available for Stony
 Brook students and employees. By providing more housing options for  the
 Stony  Brook community, it will provide greater options for students and
 faculty with young families to move into the area, and  help  us  retain
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11766-02-5
              

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 those  students  and employees already here but commuting long distances
 to school and work.   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 on Stony Brook's campus will ensure land is utilized for  the
 benefit of Stony Brook, and the surrounding community.
   §  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 Stony
 Brook Housing Development Corp. (the "ground lessee"), a portion of  the
 lands  of  the university on its campus, generally described in this act
 for the purpose of building  undergraduate  student,  graduate  student,
 faculty  and staff housing. Such lease or contract shall be for a period
 not exceeding 100 years without 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  comptroller.  If 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  termi-
 nate, 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.
   §  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  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 or subcontractor on the project, including
 the enforcement of prevailing wage requirements by the fiscal officer as
 defined in paragraph e of subdivision 5 of section 220 of the labor  law
 to the same extent as a contract of the state.
   §  5. Notwithstanding any law, rule or regulation to the contrary, the
 state university of New York shall not contract out to the ground lessee
 or any subsidiary 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  func-
 tions  and  services  shall  be performed by state employees. 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
 S. 7616--A                          3
 
 services or collective bargaining rights pursuant to existing agreements
 as provided under article 14 of the civil  service  law.  All  positions
 currently  at  the  state  university  of  New  York in the unclassified
 service  and  classified  service  of the civil service law shall not be
 reclassified as a result of this Act. No pedagogical or  other  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 to the ground lessee as described in section twelve of this
 act that involves the design, construction, reconstruction,  demolition,
 excavating,  rehabilitation,  repair, renovation, alteration or improve-
 ment of such property.
   (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.
   § 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.
   §  8. Notwithstanding the provisions of any general, special, or local
 law or judicial decision  to  the  contrary,  the  ground  lessee  shall
 require  the use of a project labor agreement, as defined in subdivision
 1 of section 222 of the labor law, for all contractors  and  subcontrac-
 tors  on  the project, consistent with paragraph (a) of subdivision 2 of
 section 222 of the labor law.
   § 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
 S. 7616--A                          4
 
 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  that  parcel  of  real  property  with
 improvements  thereon  consisting  of  a  total of 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:
   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
 S. 7616--A                          5
 
   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.
   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.