NY State Senate Bill 2025-S9744

Current Bill Status - In Senate Committee Finance 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 02, 2026	referred to finance

2025-S9744 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: State Finance Law
Laws Affected:: Amd §22-c, St Fin L; amd §355, Ed L

2025-S9744 (ACTIVE) - Summary

Requires the governor as part of the executive budget submission to submit a five-year capital plan for state university of New York state-operated campuses and city university of New York senior colleges and establish system-wide goals and objectives for capital funding and provide for an annual estimate of the amount of capital funding needed to maintain or make progress in reducing the current facility condition index for each system.

2025-S9744 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9744

SPONSOR: MARTINEZ
 
TITLE OF BILL:

An act to amend the state finance law, in relation to a five-year capi-
tal plan for the state university of New York state-operated campuses
and city university of New York senior colleges; and to amend the educa-
tion law, in relation to the master capital plan

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill would be to provide a five-year capital plan
for the State University of New York (SUNY) and City University of New
York (CUNY).

 
SUMMARY OF PROVISIONS:

Section one amends section 22-c of the state finance law to require, on
or before April 1, 2027 and by April 1 every five years thereafter, the
Governor to submit to the Legislature a five-year capital plan for SUNY
State-operated campuses and CUNY senior colleges that establishes

system-wide goals and objectives for capital funding and provides an
annual estimate of the amount of capital funding needed to maintain or
make progress in reducing the current facility condition index for each
system.

The State would be required to annually appropriate, and make available,
state capital funding support for SUNY in an amount not less than the
amount appropriated in SFY 2027-28; provided, however, that if the
Governor declares a fiscal emergency, and communicates such emergency to
the Temporary President of the State and Speaker of the Assembly, state
capital support at SUNY and CUNY may be reduced in a manner propor-
tionate to one another, and, the aforementioned provisions shall not
apply.

SUNY and CUNY would be required to maintain a rolling five-year master
capital plan report.

Section two amends subdivision 13 of section 355 of the education law to
require SUNY to keep a rolling five-year master capital plan report,
either on SUNY's website or the SUNY Construction Fund's website,
setting forth the projects over $1 million for academic or hospital
facilities proposed to be constructed, reconstructed, rehabilitated or
otherwise substantially altered pursuant to appropriations enacted or to
be enacted during the succeeding five years.

Section three provides the effective date.

 
JUSTIFICATION:

As part of the state fiscal year 2007-08 budget, the Legislature enacted
a four-year capital plan that provided for critical maintenance, strate-
gic initiatives, and hospital capital for SUNY.  These appropriations
provided the State's public colleges and universities with consistent
and predictable funding that helped SUNY effectively plan for capital
expenditures and maximize the funding that was provided to reduce the
backlog of critical maintenance projects.

Since the conclusion of that plan in the 2012-13 budget, there has not
been a similar predictable capital plan for the systems. As a result,
across the SUNY system, deferred maintenance needs have tripled over the
past eight years, approaching $10 billion, with 45% attributed to build-
ing systems that keep students, faculty, and staff warm, safe and dry.
The growing critical maintenance backlog has resulted in increasing
campus emergency declarations that dramatically impact student life.
Over the past five years, campus emergencies at SUNY have increased by
200'1.- in occurrence and nearly 60096 in cost. In the last week of
January 2026 alone, at least 4 campuses declared emergencies due to
aging and failing equipment.

With aging infrastructure and Governor Hochul's goal to double research
over the next decade, this bill would provide our public institutions of
higher education greater certainty and predictability in funding, so
they can more efficiently plan and spend capital dollars to address
deferred maintenance, emerging needs, and build research facilities.
Capital funding for SUNY and CUNY is essential to their ability to
continue to increase enrollment, attract leaders in research, and retain
students.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S9744 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9744
 
                             I N  S E N A T E
 
                               April 2, 2026
                                ___________
 
 Introduced  by Sen. MARTINEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT to amend the state finance law, in relation to a five-year  capi-
   tal  plan for the state university of New York state-operated campuses
   and city university of New York senior  colleges;  and  to  amend  the
   education law, in relation to the master capital plan

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 22-c of the state finance law is amended by  adding
 a new subdivision 7 to read as follows:
   7.  (A)  ON  OR  BEFORE  APRIL FIRST, TWO THOUSAND TWENTY-SEVEN AND BY
 APRIL FIRST OF EVERY FIFTH YEAR THEREAFTER, THE GOVERNOR SHALL SUBMIT TO
 THE LEGISLATURE, AS PART OF THE EXECUTIVE BUDGET SUBMISSION, A FIVE-YEAR
 CAPITAL PLAN FOR THE STATE UNIVERSITY OF NEW YORK STATE-OPERATED CAMPUS-
 ES AND CITY UNIVERSITY OF NEW YORK  SENIOR  COLLEGES.  SUCH  PLAN  SHALL
 ESTABLISH SYSTEM-WIDE GOALS AND OBJECTIVES FOR CAPITAL FUNDING AND SHALL
 PROVIDE  FOR  AN ANNUAL ESTIMATE OF THE AMOUNT OF CAPITAL FUNDING NEEDED
 TO MAINTAIN OR MAKE PROGRESS IN REDUCING THE CURRENT FACILITY  CONDITION
 INDEX  FOR  EACH  SYSTEM  AS  DETERMINED OVER A FIVE-YEAR PERIOD BY EACH
 UNIVERSITY SYSTEM AND THE DIRECTOR. THE PLANNED ANNUAL ESTIMATE SHALL BE
 REFLECTED IN THE NEW YORK STATE FIVE-YEAR CAPITAL PROGRAM AND  FINANCING
 PLAN AND SUBJECT TO THE ANNUAL APPROVAL BY THE GOVERNOR AND LEGISLATURE.
 THE  STATE  SHALL  APPROPRIATE ANNUALLY AND MAKE AVAILABLE STATE CAPITAL
 FUND SUPPORT FOR THE STATE UNIVERSITY IN AN AMOUNT  NOT  LESS  THAN  THE
 AMOUNT  APPROPRIATED IN STATE FISCAL YEAR TWO THOUSAND TWENTY-SEVEN--TWO
 THOUSAND TWENTY-EIGHT; PROVIDED, HOWEVER, THAT IF THE GOVERNOR  DECLARES
 A  FISCAL  EMERGENCY,  AND  COMMUNICATES SUCH EMERGENCY TO THE TEMPORARY
 PRESIDENT OF THE SENATE AND  SPEAKER  OF  THE  ASSEMBLY,  STATE  CAPITAL
 SUPPORT  AT THE STATE UNIVERSITY AND CITY UNIVERSITY MAY BE REDUCED IN A
 MANNER PROPORTIONATE TO ONE ANOTHER, AND THE  AFOREMENTIONED  PROVISIONS
 SHALL NOT APPLY.
   (B)  FOR  THE PURPOSES OF THIS SUBDIVISION, "FACILITY CONDITION INDEX"
 SHALL MEAN AN INDUSTRY BENCHMARK THAT  MEASURES  THE  RATIO  OF  CAPITAL
 MAINTENANCE DOLLARS TO REPLACEMENT DOLLARS FOR THE PURPOSES OF ANALYZING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15311-01-6
 S. 9744                             2

 THE  EFFECT  OF INVESTING IN FACILITY IMPROVEMENTS. THE APPORTIONMENT OF
 CAPITAL APPROPRIATIONS TO EACH STATE-OPERATED CAMPUS OR  SENIOR  COLLEGE
 SHALL  BE  BASED ON A METHODOLOGY DEVELOPED BY THE DIRECTOR IN CONSULTA-
 TION  WITH  THE  STATE UNIVERSITY OF NEW YORK AND CITY UNIVERSITY OF NEW
 YORK.
   (C) THE STATE UNIVERSITY OF NEW YORK SHALL MAINTAIN  A  ROLLING  FIVE-
 YEAR  MASTER  CAPITAL  PLAN  REPORT  PURSUANT TO SUBDIVISION THIRTEEN OF
 SECTION THREE HUNDRED FIFTY-FIVE OF THE EDUCATION LAW AND  THE  TRUSTEES
 OF  THE  CITY UNIVERSITY OF NEW YORK SHALL PROVIDE A MASTER CAPITAL PLAN
 PURSUANT TO SECTION SIX  THOUSAND  TWO  HUNDRED  THIRTY-THREE-A  OF  THE
 EDUCATION LAW.
   § 2. Subdivision 13 of section 355 of the education law, as amended by
 section  2  of  part GG of chapter 57 of the laws of 2008, is amended to
 read as follows:
   13. Master capital plan. [On or  before  November  fifteenth  of  each
 year,  the  trustees  of  the]  THE  state  university of New York shall
 [approve and submit to the chairmen  of  the  assembly  ways  and  means
 committee  and  the  senate finance committee and to the director of the
 budget a master capital plan] KEEP A ROLLING  FIVE-YEAR  MASTER  CAPITAL
 PLAN  REPORT,  EITHER  ON  THE STATE UNIVERSITY OF NEW YORK OR THE STATE
 UNIVERSITY CONSTRUCTION FUND WEBSITE, setting forth  the  projects  OVER
 ONE  MILLION  DOLLARS FOR ACADEMIC OR HOSPITAL FACILITIES proposed to be
 constructed, reconstructed,  rehabilitated  or  otherwise  substantially
 altered  pursuant  to appropriations enacted or to be enacted during the
 succeeding five years AT  COLLEGES  DEFINED  IN  SECTION  THREE  HUNDRED
 FIFTY-TWO  OF  THIS  ARTICLE. Such [plan] REPORT shall specify the name,
 location, estimated total cost at the time the project is to be bid, the
 anticipated date or dates on which the design  of  such  project  is  to
 commence,  AND  the  proposed  method  of  financing  [and the estimated
 economic life of each project] IF IT IS EXPECTED TO BE FUNDED  BY  MEANS
 OTHER  THAN STATE ISSUED BONDS. Such [plan] REPORT shall further specify
 whether proposed projects constitute new construction, substantial reha-
 bilitation, moderate rehabilitation or minor rehabilitation  [and  shall
 indicate].  UPON  REQUEST, THE STATE UNIVERSITY OF NEW YORK OR THE STATE
 UNIVERSITY CONSTRUCTION FUND SHALL PROVIDE INFORMATION ON  how  projects
 support  improvements  in  environmental protection, energy and resource
 management, solar energy and conservation. [Such criteria for each meth-
 od of financing shall include, but not be limited to: (i) an analysis of
 private enterprise, federal and any other appropriate  financing  stand-
 ards,  (ii) the consideration of the period of economic life of projects
 as related to the method of financing, and (iii) project cost ranges for
 the methods of financing. Such  plan  specification  and  categories  of
 construction  shall be defined by the trustees, in consultation with the
 state university construction fund.]
   Such capital master plan report shall also include, for  each  project
 over  one-million  dollars,  a  description  of  the  project;  expected
 construction start date; [any changes to the previously  reported  start
 or  expected  completion  dates; any changes to the expected cost of the
 project;] the total cash encumbered for the project for the year and the
 total to date for the project; and  the  total  cash  expended  for  the
 project for the year and the total to date for the project.
   All projects that are reported under this subdivision shall be identi-
 fied  by  campus,  the name of the specific facility for which the allo-
 cation is provided and a description of what  the  project  is  that  is
 being provided.
   § 3. This act shall take effect immediately.

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Senate Bill S9744

Sponsored By

Current Bill Status - In Senate Committee Finance Committee

Actions

2025-S9744 (ACTIVE) - Details

2025-S9744 (ACTIVE) - Summary

2025-S9744 (ACTIVE) - Sponsor Memo

2025-S9744 (ACTIVE) - Bill Text download pdf

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Sponsored By

Monica R. Martinez

Current Bill Status - In Senate Committee Finance Committee

Actions

2025-S9744 (ACTIVE) - Details

2025-S9744 (ACTIVE) - Summary

2025-S9744 (ACTIVE) - Sponsor Memo

2025-S9744 (ACTIVE) - Bill Text download pdf

Comments