§ 355. Powers and duties of trustees--administrative and fiscal
functions. 1. Subject to the provisions of the plan or general revision
thereof proposed by the state university trustees as approved by the
regents pursuant to section two hundred thirty-seven of this chapter,
the state university trustees shall be responsible for:

a. The over-all central administration, supervision and coordination
of state-operated institutions and the general supervision and
coordination of the statutory or contract colleges in the state
university.

b. The supervision and coordination of state-aided programs in
institutions providing higher education pursuant to the provisions of
section three hundred fifty-eight hereof.

c. The approval of the establishment of community colleges and four
year colleges authorized by article one hundred twenty-six of this
chapter, in conformance with the master plan; the provision of standards
and regulations covering the organization and operation of their
programs, courses and curricula, financing arrangements, state financial
assistance, tuition charges and fees, and such other matters as may be
involved in the operation of such colleges.

d. The establishment of health and medical centers, four year liberal
arts colleges, professional and graduate schools, research centers and
other facilities, as provided in this article.

e. The approval of the appointment of the head of each statutory or
contract college and community college by the respective boards of
trustees or other governing bodies of such institutions.

f. The promotion of and participation in inter-institutional
arrangements among independent and public institutions of higher
education and health care facilities and providers and other
health-related organizations on a geographical or topical basis to
encourage responsible and cost effective use of facilities and academic
and health care resources for the enhancement and enrichment of
educational experiences and opportunities and promoting high quality
health care services in support of the state university's educational
mission.

2. The state university trustees are further authorized and empowered,
subject to the provisions of the plan or general revisions thereof
proposed by the state university trustees as approved by the regents
pursuant to section two hundred thirty-seven of this chapter:

* a. To take, hold and administer on behalf of the state university or
any institution therein, real and personal property or any interest
therein and the income thereof either absolutely or in trust for any
educational or other purpose within the jurisdiction and corporate
purposes of the state university. The trustees may acquire property for
such purposes by purchase, appropriation or lease and by the acceptance
of gifts, grants, bequests and devises, and, within appropriations made
therefor, may equip and furnish buildings and otherwise improve property
owned, used or occupied by the state university or any institution
therein. The trustees may acquire property by the acceptance of
conditional gifts, grants, devises or bequests, the provisions of
section eleven of the state finance law notwithstanding. Where real
property is to be acquired by purchase or appropriation, such
acquisition shall be in accordance with the provisions of section three
hundred seven of this chapter except that the powers and duties in said
section mentioned to be performed by the commissioner shall be performed
by the state university trustees. The provisions of section three of the
public lands law notwithstanding, the trustees may provide for the lease
of state-owned real property under the jurisdiction of the state
university that is part of a tax-free NY area approved pursuant to
article twenty-one of the economic development law, in such manner and
upon such terms as the trustees shall determine, provided such lease is
consistent with the approved plan for such tax-free NY area.

* NB Effective until June 30, 2026

* a. To take, hold and administer on behalf of the state university or
any institution therein, real and personal property or any interest
therein and the income thereof either absolutely or in trust for any
educational or other purpose within the jurisdiction and corporate
purposes of the state university. The trustees may acquire property for
such purposes by purchase, appropriation or lease and by the acceptance
of gifts, grants, bequests and devises, and, within appropriations made
therefor, may equip and furnish buildings and otherwise improve property
owned, used or occupied by the state university or any institution
therein. Where real property is to be acquired by purchase or
appropriation, such acquisition shall be in accordance with the
provisions of section three hundred seven of this chapter except that
the powers and duties in said section mentioned to be performed by the
commissioner of education shall be performed by the state university
trustees.

* NB Effective June 30, 2026

b. To make and establish and from time to time alter and amend such
rules and regulations, not inconsistent with law, for the government of
the state university and the institutions therein.

c. To provide for the care, custody and management of the lands,
grounds, structures, buildings, equipment and facilities of the state
university and the institutions therein.

d. To visit and inspect the institutions in the state university, and
to distribute to or expend or administer for them such property and
funds as the state may appropriate therefor, or as the state university
trustees may hold in trust, or as may otherwise come into their
possession.

e. To merge any higher educational corporation into the state
university with the approval of the governing body of such corporation
and statutory approval of the legislature. Any higher educational
corporation is authorized and empowered to merge into the state
university. Upon the approval of an agreement of merger by the board of
regents and subsequent statutory approval by the legislature, and the
filing thereof with the regents, the merger shall be deemed complete and
all the right, title and interest in real property held by such merged
higher educational corporation shall vest in and be held and enjoyed by
the people of the state of New York and all the other estate, property,
rights, privileges and franchises of such merged higher educational
corporation shall vest in and be held and enjoyed by the state
university, as fully and entirely and without change or diminution as
the same were before held and enjoyed by such merged corporation, and be
managed and controlled by the state university, but subject to all
liabilities and obligations of such merged corporation and the rights of
all creditors thereof; except that the state university shall not
thereby acquire power to engage in any activity or to exercise any
right, privilege or franchise of a kind which it could not otherwise
lawfully engage in or exercise. The state university shall cause a copy
of the agreement of merger, certified by the board of regents to be a
true and correct copy of the original filed in their office, to be filed
in the office of the secretary of state and in the office of the clerk
of the county in which the certificate of incorporation of the merged
corporation was filed, in each case in which the certificate of
incorporation of the merged corporation was filed in the office of the
secretary of state; and shall cause a like copy of the merger agreement
with the certificate of the board of regents to be recorded in the
office of the recording officer of each county in which is located any
real property in or to which the merged corporation had any right, title
or interest at the time of the merger; and it shall be the duty of each
such recording officer to record such copy and certificate in his office
in the books used for the recording of deeds and to index the same
against the merged corporation as grantor and the people of the state of
New York as grantees. Neither the secretary of state nor the county
clerk or the recording officer of any county shall be entitled to demand
or collect any fee for filing or recording any such copy of an agreement
of merger.

f. To grant all degrees, diplomas and certificates which heretofore
have been granted or have been authorized to be granted upon the
completion of courses of study in any state-operated institution which
now is or hereafter may be in the state university, prior to the
acquisition of such institution by the state university, and also such
other degrees as the regents may hereafter specifically authorize them
to grant. In testimony thereof the state university trustees may give
suitable diplomas or certificates under the state university seal
including honorary degrees. Every diploma or certificate so granted
shall entitle the conferee to all privileges and immunities which by
usage or statute are allowed for similar diplomas or certificates of
corresponding grade granted by any institution of learning.

f-1. Notwithstanding any law, rule or regulation to the contrary, the
state university of New York board of trustees shall pass a resolution
by June first, two thousand fifteen, to develop a plan to make available
to students enrolled in an academic program of the state university of
New York beginning in the two thousand sixteen--two thousand seventeen
academic year, approved experiential or applied learning activities.
Such experiential or applied learning activities may include completion
of activities related to students' program of study, including, but not
limited to, service-learning activities completed as part of a course,
paid or unpaid internships, faculty-supervised undergraduate projects
and activities leading to publication of research in journals or similar
publications, production or performance of creative works, and iterative
"co-op" partnerships that explicitly link the curricula to a temporary,
paid position in industry or the public sector. Such plan, to be
completed by June first, two thousand sixteen, shall be developed in
consultation with university faculty senate, the faculty council of
community colleges, the SUNY student assembly, and other stakeholders.
Such plan shall define approved experiential or applied learning
activities, methods of faculty oversight and assessment,
responsibilities of business, corporate, non-profit or other entities
hosting students, and include a requirement for collecting and reporting
data associated with such experiential or applied learning activities.
Such plan shall have each college examine the feasibility of including
such experiential or applied learning activities as a degree
requirement. Such college shall examine its ability to administer and
provide such opportunities to students; the local community's capacity
to support such experiential or applied learning activities; the impact
such requirement would have on the local workforce, if any; potential
for such a requirement to enhance learning outcomes for students; and
whether adding such a requirement would cause potential delays in
graduation for students.

f-2. Notwithstanding any law, rule or regulation to the contrary, the
state university of New York board of trustees shall establish a policy
authorizing state-operated institutions and community colleges within
the state university to grant posthumous degrees to enrolled
matriculated students whose death occurs prior to graduation. Such
policy shall provide that, upon terms set in the policy, any remaining
credit requirements shall be waived for any student who dies and who
otherwise would have been eligible for graduation had they been able to
complete their academic career.

g. To appoint the head of each state-operated institution in the state
university upon the recommendation made to them by the council of such
institution in accordance with the rules and standards established by
the state university trustees; or if such recommendation is not made or
does not comply with such rules and standards, then to make such
appointment as is by them deemed necessary; to prescribe the functions,
powers, and duties of the head of each such institution; and to appoint
or provide for the appointment of the members of the instructional and
administrative staffs, and such other employees as may be necessary, at
each state-operated institution upon the recommendation of the head
thereof and prescribe or provide for the prescription of their duties.

h. To regulate the admission of students, prescribe the qualifications
for their continued attendance, regulate tuition charges where no
provision is otherwise made therefor by law, and regulate other fees and
charges, curricula and all other matters pertaining to the operation and
administration of each state-operated institution in the state
university.

(1) Notwithstanding the provisions of any other general, special or
local law, rule or regulation, such regulations may permit persons sixty
years of age or over to audit courses given therein without tuition,
examination, grading or credit therefor upon a space available basis, as
determined by the president of each such institution, provided that such
audit attendance does not deny course attendance at a state-operated
institution by an individual who is otherwise qualified under the
regulations promulgated pursuant to this section.

(2) Such regulations shall also provide that upon request by a student
who is an eligible veteran the payment of tuition and other fees and
charges, less the amounts payable for such purposes from scholarships or
other financial assistance awarded said veteran pursuant to article
thirteen of this chapter, article one hundred thirty of this chapter or
any other state or federal aid program, shall be deferred in such
amounts and until such times as the several payments of veterans'
benefits under the Veterans' Readjustment Benefit Act of 1966, as
amended, are received by the veteran, provided that the veteran has
filed a claim for such benefits and presents to the state university
proof of eligibility, extent of entitlement to benefits and the need for
deferral until the receipt of such benefits.

(3) (i) Such regulations shall further provide that the payment of
tuition and fees by any student in any state-operated institution of the
state university who is a member or the spouse or the dependent of a
member of the armed forces of the United States on full-time active duty
and stationed in this state, whether or not a resident of the state,
shall be paid at a rate or charge no greater than that imposed for
students thereat who are residents of this state.

(ii) Such regulations shall further provide that the payment of
tuition and fees by any student who is not a resident of New York state
shall be paid at a rate or charge no greater than that imposed for
students who are residents of the state if such student is enrolled in
an institution or educational unit of the state university and is
attending such institution or educational unit in accordance with the
federal GI bills and in compliance with all applicable eligibility
requirements thereof.

(iii) Such regulations shall further provide that the payment of
tuition and fees by any student who is not a resident of New York state
shall be paid at a rate or charge no greater than that imposed for
students who are residents of this state if such student is enrolled in
an institution or educational unit of the state university and is the
spouse or the dependent of a member of the armed forces of the United
States on full-time active duty and not stationed in this state
immediately following being stationed therein.

(3-a) Notwithstanding the provisions of any other general, special or
local law, rule or regulation, the state university trustees shall be
authorized to set a reduced rate of tuition and/or fees, or to waive
tuition and/or fees entirely, for students participating in any dual or
concurrent enrollment program with no reduction in other state, local,
or other support for such students earning college credit that such
higher education partner would otherwise be eligible to receive;
provided that, for purposes of this provision, a dual or concurrent
enrollment program shall mean one or more college courses taken by a
high school student through a state-operated institution while such
student is still enrolled in high school or boards of cooperative
educational services and for which the student may receive both high
school and college credit.

* (4) The trustees shall not impose a differential tuition charge
based upon need or income. Except as hereinafter provided, all students
enrolled in programs leading to like degrees at state-operated
institutions of the state university shall be charged a uniform rate of
tuition except for differential tuition rates based on state residency.
Provided, however, that the trustees may authorize the presidents of the
colleges of technology and the colleges of agriculture and technology to
set differing rates of tuition for each of the colleges for students
enrolled in degree-granting programs leading to an associate degree and
non-degree granting programs so long as such tuition rate does not
exceed the tuition rate charged to students who are enrolled in like
degree programs or degree-granting undergraduate programs leading to a
baccalaureate degree at other state-operated institutions of the state
university of New York. Notwithstanding any other provision of this
subparagraph, the trustees may authorize the setting of a separate
category of tuition rate, that shall be greater than the tuition rate
for resident students and less than the tuition rate for non-resident
students, only for students enrolled in distance learning courses who
are not residents of the state. Except as otherwise authorized in this
subparagraph, the trustees shall not adopt changes affecting tuition
charges prior to the enactment of the annual budget, provided however
that:

(i) Commencing with the two thousand eleven--two thousand twelve
academic year and ending in the two thousand fifteen--two thousand
sixteen academic year the state university of New York board of trustees
shall be empowered to increase the resident undergraduate rate of
tuition by not more than three hundred dollars over the resident
undergraduate rate of tuition adopted by the board of trustees in the
prior academic year, provided however that commencing with the two
thousand eleven--two thousand twelve academic year and ending in the two
thousand sixteen--two thousand seventeen academic year if the annual
resident undergraduate rate of tuition would exceed five thousand
dollars, then a tuition credit for each eligible student, as determined
and calculated by the New York state higher education services
corporation pursuant to section six hundred eighty-nine-a of this title,
shall be applied toward the tuition charged for each semester, quarter
or term of study. Tuition for each semester, quarter or term of study
shall not be due for any student eligible to receive such tuition credit
until the tuition credit is calculated and applied against the tuition
charged for the corresponding semester, quarter or term.

(ii) Commencing with the two thousand seventeen--two thousand eighteen
academic year and ending in the two thousand twenty--two thousand
twenty-one academic year the state university of New York board of
trustees shall be empowered to increase the resident undergraduate rate
of tuition by not more than two hundred dollars over the resident
undergraduate rate of tuition adopted by the board of trustees in the
prior academic year, provided, however that if the annual resident
undergraduate rate of tuition would exceed five thousand dollars, then a
tuition credit for each eligible student, as determined and calculated
by the New York state higher education services corporation pursuant to
section six hundred eighty-nine-a of this title, shall be applied toward
the tuition charged for each semester, quarter or term of study. Tuition
for each semester, quarter or term of study shall not be due for any
student eligible to receive such tuition credit until the tuition credit
is calculated and applied against the tuition charged for the
corresponding semester, quarter or term. Provided, further that the
revenue resulting from an increase in the rate of tuition shall be
allocated to each campus pursuant to a plan approved by the board of
trustees to support investments in new classroom faculty, instruction,
initiatives to improve student success and on-time completion and a
tuition credit for each eligible student.

(iii) On or before November thirtieth, two thousand seventeen, the
trustees shall approve and submit to the chairs of the assembly ways and
means committee and the senate finance committee and to the director of
the budget a master tuition plan setting forth the tuition rates that
the trustees propose for resident undergraduate students for the four
year period commencing with the two thousand seventeen--two thousand
eighteen academic year and ending in the two thousand twenty--two
thousand twenty-one academic year, and shall submit any proposed
amendments to such plan by November thirtieth of each subsequent year
thereafter through November thirtieth, two thousand twenty, and provided
further, that with the approval of the board of trustees, each
university center may increase non-resident undergraduate tuition rates
each year by not more than ten percent over the tuition rates of the
prior academic year for a six year period commencing with the two
thousand eleven--two thousand twelve academic year and ending in the two
thousand sixteen--two thousand seventeen academic year.

(iv) Beginning in state fiscal year two thousand twelve-two thousand
thirteen and ending in state fiscal year two thousand fifteen--two
thousand sixteen, the state shall appropriate and make available general
fund operating support, including fringe benefits, for the state
university in an amount not less than the amount appropriated and made
available in the prior state fiscal year; 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
support for operating expenses at the state university and city
university may be reduced in a manner proportionate to one another, and
the aforementioned provisions shall not apply.

(v) Beginning in state fiscal year two thousand seventeen--two
thousand eighteen and ending in state fiscal year two thousand
twenty--two thousand twenty-one, the state shall appropriate and make
available general fund operating support, including fringe benefits, for
the state university in an amount not less than the amount appropriated
and made available in the prior state fiscal year; 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 support for operating expenses at the state university
and city university may be reduced in a manner proportionate to one
another, and the aforementioned provisions shall not apply; provided
further, the state shall appropriate and make available general fund
support to fully fund the tuition credit pursuant to subdivision two of
section six hundred sixty-nine-h of this title.

(vi) For the state university fiscal years commencing two thousand
eleven--two thousand twelve and ending two thousand fifteen--two
thousand sixteen, each university center may set aside a portion of its
tuition revenues derived from tuition increases to provide increased
financial aid for New York state resident undergraduate students whose
net taxable income is eighty thousand dollars or more subject to the
approval of a NY-SUNY 2020 proposal by the governor and the chancellor
of the state university of New York. Nothing in this paragraph shall be
construed as to authorize that students whose net taxable income is
eighty thousand dollars or more are eligible for tuition assistance
program awards pursuant to section six hundred sixty-seven of this
chapter.

* NB Effective until July 1, 2024

* (4) The trustees shall not impose a differential tuition charge
based upon need or income. All students enrolled in programs leading to
like degrees at state-operated institutions of the state university
shall be charged a uniform rate of tuition except for differential
tuition rates based on state residency. Provided, however, that the
trustees may authorize the presidents of the colleges of technology and
the colleges of agriculture and technology to set differing rates of
tuition for each of the colleges for students enrolled in
degree-granting programs leading to an associate degree and non-degree
granting programs so long as such tuition rate does not exceed the
tuition rate charged to students who are enrolled in like degree
programs or degree-granting undergraduate programs leading to a
baccalaureate degree at other state-operated institutions of the state
university of New York. Notwithstanding any other provision of this
subparagraph, the trustees may authorize the setting of a separate
category of tuition rate, that shall be greater than the tuition rate
for resident students and less than the tuition rate for non-resident
students, only for students enrolled in distance learning courses who
are not residents of the state. The trustees shall not adopt changes
affecting tuition charges prior to the enactment of the annual budget.

* NB Effective July 1, 2024

(4-a) Notwithstanding any law, rule, regulation, or practice to the
contrary and following the review and approval of the chancellor of the
state university or his or her designee, the board of trustees may raise
non-resident undergraduate rates of tuition by not more than ten percent
over the tuition rates of the prior academic year for the following
doctoral degree granting institutions of the state university of New
York: the state university of New York college of environmental science
and forestry as defined in article one hundred twenty-one of this
chapter, downstate medical center, upstate medical center, and the
college of technology at Utica-Rome/state university polytechnic
institute for a four year period commencing with the two thousand
twenty--two thousand twenty-one academic year and ending in the two
thousand twenty-three--two thousand twenty-four academic year provided
that such rate change is approved annually prior to board of trustees
action by the chancellor of the state university or his or her designee.

(4-a-1) Notwithstanding any law, rule, regulation or practice to the
contrary and following the review and approval of the chancellor of the
state university or his or her designee, the board of trustees may
annually impose differential tuition rates on non-resident undergraduate
and graduate rates of tuition for state-operated institutions for a
three year period commencing with the two thousand twenty-three--two
thousand twenty-four academic year and ending in the two thousand
twenty-five--two thousand twenty-six academic year, provided that such
rates are competitive with the rates of tuition charged by peer
institutions and that the board of trustees annually provide the reason
and methodology behind any rate increase to the governor, the temporary
president of the senate, and the speaker of the assembly prior to the
approval of such increases.

(4-b) In state fiscal year two thousand twenty-two--two thousand
twenty-three and thereafter, the state shall appropriate and make
available general fund operating support in the amount of the tuition
credit calculated pursuant to section six hundred eighty-nine-a of this
chapter annually.

(5) The trustees shall further provide standards for the granting of
advanced standing to veterans applying for college admissions at the
state university, who have successfully completed United States Armed
Forces Institute or other comparable course work.

(6) Where an undergraduate state-operated institution of the state
university is located adjacent to another institution of higher
education and students of such undergraduate state operated institution
are, under arrangements made by the state university, taking a
substantial portion of their courses at such other institution, the
state university trustees may permit the students of such undergraduate
state-operated institution, subject to such conditions or limitations as
they deem advisable, to participate in the extra-curricular activities
and utilize services of such other institution if those privileges are
extended by such other institution.

(7) In formulating the curriculum of each state-operated institution
in the state university for professional education in medicine there
shall be required and included in such curriculum and in the plans and
recommendations of the state university trustees formulated and
transmitted in pursuance of the provisions of section three hundred
fifty-four of this chapter, courses and facilities, which in the
judgment of the trustees shall be best suited to encourage and to
implement the study and preparation, by students desiring the same, for
the family practice of medicine. Such courses and facilities shall
include: the establishment and maintenance of a department of family
practice under the direction of a qualified family practitioner, courses
of study under the supervision of qualified family practitioners, a
family care program of study and clinical experience, a program of
preceptorships, and a program of internships or family practice
residencies in the hospital or hospitals affiliated with such respective
school.

(8) Such regulations shall further provide that the payment of tuition
and fees by any student who is not a resident of New York state, other
than a non-immigrant noncitizen within the meaning of paragraph (15) of
subsection (a) of section 1101 of title 8 of the United States Code,
shall be paid at a rate or charge no greater than that imposed for
students who are residents of the state if such student:

(i) attended an approved New York high school for two or more years,
graduated from an approved New York high school and applied for
attendance at an institution or educational unit of the state university
within five years of receiving a New York state high school diploma; or

(ii) attended an approved New York state program for general
equivalency diploma exam preparation, received a general equivalency
diploma issued within New York state and applied for attendance at an
institution or educational unit of the state university within five
years of receiving a general equivalency diploma issued within New York
state; or

(iii) was enrolled in an institution or educational unit of the state
university in the fall semester or quarter of the two thousand one--two
thousand two academic year and was authorized by such institution or
educational unit to pay tuition at the rate or charge imposed for
students who are residents of the state.

A student without lawful immigration status shall also be required to
file an affidavit with such institution or educational unit stating that
the student has filed an application to legalize his or her immigration
status, or will file such an application as soon as he or she is
eligible to do so.

(9) The trustees shall review any proposed community college tuition
increase and the justification for such increase. The justification
provided by the community college for such increase shall include a
detailed analysis of ongoing operating costs, capital, debt service
expenditures, and all revenues.

(10) Such regulations shall further provide that any student who is
not a legal resident of New York state but is a United States citizen, a
permanent lawful resident, an individual who is granted U or T
non-immigrant status pursuant to the Victims of Trafficking and Violence
Protection Act of 2000, a person granted temporary protected status
pursuant to the Federal Immigration Act of 1990, an individual of a
class of refugees paroled by the attorney general of the United States
under his or her parole authority pertaining to the admission of
noncitizens to the United States, or an applicant without lawful
immigration status may have the payment of tuition and other fees and
charges reduced by state-aided programs, scholarships or other financial
assistance awarded under the provisions of articles thirteen,
thirteen-A, fourteen and fourteen-A of this chapter, provided that the
student meets the requirements set forth in subparagraph (ii) of
paragraph a or subparagraph (ii) of paragraph b of subdivision five of
section six hundred sixty-one of this chapter, as applicable.

i. To lease to alumni associations of institutions of the state
university a portion of the grounds occupied by any institution of the
state university, for the erection thereon of dormitories to be used by
students in attendance at such institutions. The terms of any lease and
the character of the building to be erected shall be determined by the
state university trustees. Such lease, prior to its execution, shall be
submitted to the attorney general for his approval as to its form,
contents and legal effect. Nothing contained in this paragraph shall
affect the provisions of any lease heretofore executed by a board of
visitors of any state-operated institution pursuant to law. The state
university trustees may similarly enter into an agreement with an alumni
association of an institution of the state university to furnish heat
from a central heating plant to any dormitory erected by such alumni
association. Any such dormitory shall not be subject to taxation for any
purpose.

j. To enter into a boundary line agreement for, on behalf of, and in
the name of the people of the state of New York whenever a mistake has
been made or an honest dispute exists as to the location of the division
line between land owned by the state, which is under the jurisdiction,
care, custody or control of the state university trustees, and adjoining
land not owned by the state. Such an agreement shall fix and determine
the division line between such lands, subject to the approval of the
attorney general as to form, content and manner of execution.

k. To enlist and accept the cooperation of municipal authorities in
obtaining the use of public buildings, lands, property and other
facilities, or portions thereof, under the jurisdiction of such
municipal authorities, for the purposes of the state university. Such
appropriate municipal authorities are hereby authorized to permit the
use of public buildings, lands, property and other facilities or
portions thereof under their jurisdiction for the purposes of the state
university, with or without rental or other charges.

l. To appoint university police officers who shall have the powers of
police officers and to remove such police officers at pleasure;
provided, however, that any person appointed a police officer must have
satisfactorily completed or complete within one year of the date of his
appointment a course of law enforcement training approved by the
municipal police training council in consultation with the university.
It shall be the duty of such police officers to preserve law and order
on the campuses and other property of the university, including any
portion of a public highway which crosses or abuts such property.
Subject to the approval of the chancellor, the president of each
state-operated campus of the state university shall enter into a written
agreement with adjoining law enforcement agencies establishing protocols
for the exercise of authority by such university police officer
off-campus, including mutual aid and assistance. Such written protocols
shall not be deemed to supersede the authority of other police officers.
The provisions of this paragraph shall not apply to any of the state
institutions and property referred to in section five thousand seven
hundred nine of this chapter.

m. To name and rename any state-operated institution of the state
university after consultation with its council.

n. To enter into a contract with the board of education of a city or
school district in which a state-operated institution is located for the
education by such college, for such period of time as may be agreed
upon, of all or part of the children of legal school age residing in
such city or school district. A board of education in such a city or
school district is hereby authorized and empowered to enter into such
contracts with the state university trustees, subject to the approval of
the commissioner of education, and to perform all necessary acts to
carry out the purposes of this paragraph.

o. To conduct or authorize the conduct of research and experiments at
state-operated institutions of the state university in the field or,
pursuant to agreements therefor, in industrial and commercial plants, in
connection with the educational programs of the state university,
including projects involving the care, preservation, utilization and
management of natural resources and the disposition of crops and other
products incidental thereto.

p. To perform such other acts as may be necessary or appropriate to
carry out effectively the objects and purposes of the state university
as specified in this article.

q. To prepare and adopt, within the amounts appropriated therefor,
plans for land acquisition, state university development and expansion,
space needs and uses and for the construction, acquisition,
reconstruction, rehabilitation and improvement of academic buildings,
dormitories and other facilities required or to be required for the
state-operated institutions and the statutory or contract colleges, and
for such planning functions to retain or employ private architects,
engineers and artists, or firms thereof, or other and different
consultants for proposed projects and for the preparation of space
requirements, cost estimates, preliminary plans, budgetary
justifications, and construction standards. During the selection of
projects for such plans, the trustees shall, where applicable, give due
consideration to projects that support improvements in environmental
protection, energy and resource management, solar energy and
conservation with particular consideration given to a project's
potential to generate cost savings over time.

r. To cooperate with and assist the state university construction fund
in the construction, acquisition, reconstruction, rehabilitation and
improvement of academic buildings, dormitories and other facilities
pursuant to article eight-A of this chapter, and to approve the
architectural concept of all such construction projects.

s. To lease or make available to the state university construction
fund, the dormitory authority or other public benefit corporation, the
New York state teachers' retirement system, the New York state
employees' retirement system, or a business that intends to locate in a
tax-free NY area approved pursuant to article twenty-one of the economic
development law, a portion of the grounds or real property occupied by a
state-operated institution or statutory or contract college for the
construction, acquisition, reconstruction, rehabilitation or improvement
of academic buildings, dormitories or other facilities thereon pursuant
to article eight-A of this chapter and for the purpose of facilitating
such construction, acquisition, reconstruction, rehabilitation or
improvement, to enter into leases and agreements for the use of any such
academic building, dormitory or other facility in accordance with the
provisions of section three hundred seventy-eight of this chapter;
provided, however, that nothing herein contained shall affect the
provisions of any lease or agreement heretofore executed by the state
university with the dormitory authority. The state university trustees
may also enter into agreements with the state university construction
fund, the dormitory authority or other public benefit corporation, the
New York state teachers' retirement system, the New York state
employees' retirement system or any business that intends to locate in a
tax-free NY area approved pursuant to article twenty-one of the economic
development law, to furnish heat from a central heating plant to any
academic building, dormitory or other facility erected by them or with
moneys supplied by them. Any such academic building, dormitory or other
facility shall not be subject to taxation for any purpose.

t. The trustees shall have the power to lease or make available to a
not-for-profit corporation or political subdivision of the state, or the
state, or the office for the aging, for the purposes set forth in
section sixteen hundred seventy-seven of the public authorities law;
pertaining to the use of dormitory authority facilities by the aged,
facilities or portions thereof located on the grounds or real property
occupied by a state-operated institution or statutory or contract
college, which facilities are owned by or mortgaged to the dormitory
authority. Such leases and agreements shall be upon such terms and
conditions as may be agreed upon between the parties thereto, provided
that any such lease or agreement shall be subject to the approval of the
dormitory authority. Nothing herein contained shall affect the
provisions of any lease or agreement heretofore executed by the state
university with the dormitory authority, or any other agency.

u. To establish a water conservation program for academic buildings,
dormitories and other facilities of the state university. Such program
shall include a survey of water use and conservation in such buildings.

v. To cooperate with and assist the state university construction fund
in the construction of academic incubator facilities. "Academic
incubator facilities" as used in this chapter shall mean facilities
providing low-cost space, technical assistance, support services and
educational opportunities, including but not limited to central services
shared by tenants of the facility, to new high technology companies in
the formative stages of development through a partnership with the state
university and shall be state university educational facilities under
subdivision twenty-eight of section sixteen hundred seventy-six of the
public authorities law. Academic incubator facilities shall promote job
creation, entrepreneurship, technology transfer and provide support
services to incubator tenants, including, but not limited to, business
planning, management assistance, financial-packaging, linkages to
financing sources, and coordination with other sources of assistance.

w. When authorized by law, to cooperate with and assist the state
university construction fund in the acquisition and development of sites
for university-related economic development facilities as defined in
section three hundred seventy-two-a of this title.

x. To enter into one or more agreements with the dormitory authority
to provide financial assistance on behalf of the state, as provided in
subdivision eight of section six thousand three hundred four of this
chapter, to the local sponsors of community colleges for the design,
acquisition, construction, reconstruction, rehabilitation or improvement
of one or more facilities for locally sponsored community colleges
including the furnishing and equipping of such facilities pursuant to
section six thousand three hundred four of this chapter. Each such
agreement shall provide for annual payments to the dormitory authority
from the state aid or other financial assistance provided to the local
sponsors of such community colleges and paid into the community college
tuition and instructional fund pursuant to paragraph (iii) of
subdivision two of section ninety-seven-p of the state finance law, and
may contain such other terms and conditions as may be agreed upon by the
parties thereto, including, but not limited to, provisions relating to
the establishment of reserve funds and indemnities. Each such agreement
shall be subject to the approval of the director of the budget.

y. To better secure dormitory authority bonds issued in connection
with dormitory facilities, including dormitory facility revenue bonds,
the state university of New York is hereby authorized, in its own name,
to assign or otherwise transfer to the dormitory authority any or all of
the state university's rights, title and interest in and to the
dormitory facility revenues, and to enter into agreements with the
dormitory authority pursuant to subdivision two of section sixteen
hundred eighty-q of the public authorities law in furtherance of such
assignment or transfer. Any assignment or transfer made pursuant to this
paragraph shall constitute a true sale and absolute transfer of the
dormitory facilities revenues. The characterization of such assignment
or transfer shall not be negated or adversely affected by the retention
by the state university of New York of any ownership interest in the
dormitory facilities revenues or of any residual right to payment of any
dormitory facility revenues remaining in the dormitory facilities
revenue fund after the moneys therein have been applied in accordance
with paragraph (b) of subdivision three of section sixteen hundred
eighty-q of the public authorities law. All rights, title and interest
in and to any moneys paid to or upon the order of the state university
of New York pursuant to any agreement by and between the dormitory
authority and the state university of New York entered into pursuant to
subdivision two of section sixteen hundred eighty-q of the public
authorities law or pursuant to any agreement entered into pursuant to
paragraph j of subdivision two of section sixteen hundred eighty of the
public authorities law shall vest in the state university of New York
and be the absolute property of the state university of New York, and
the dormitory authority shall no longer have any interest in such
moneys.

z. In connection with business/university partnerships in support of
the corporate purposes of the state university, to participate in joint
and cooperative arrangements with businesses that have located in a
tax-free NY area approved pursuant to article twenty-one of the economic
development law provided such arrangements are consistent with the
approved plan for such tax-free NY area.

2-a. Notwithstanding any other provision of law, rule, or regulation
to the contrary, the state university trustees charter school committee,
as a charter entity, are further authorized and empowered, to promulgate
regulations with respect to governance, structure and operations of
charter schools for which they are the charter entity pursuant to
section twenty-eight hundred fifty-one of this chapter.

3. The state university trustees shall adopt and implement a patent
policy for research conducted in university facilities which is
consistent with the university's mission of education, scholarly
research and public service. Such policy shall be designed to encourage
research activities which produce new knowledge which is of benefit to
the public and which may result in the development of new products and
processes which are likely to improve the quality of life and the
standard of living of the people of the state, contribute to increased
productivity and advance the public health, safety and welfare. Such
policy shall also provide appropriate incentives for participation by
private sector business concerns in efforts to develop and utilize
patents orginated in conjunction with such research and to commercialize
new products and processes based on the results of such research. The
trustees, when it is deemed necessary to fulfill the objectives of this
subdivision, shall adopt and implement appropriate modifications to such
policy. The trustees shall include in the annual report required by
section three hundred fifty-nine of this chapter an evaluation of the
effectiveness of the policy adopted pursuant to this subdivision
together with a synopsis of any changes in that policy adopted during
the previous year.

4. Notwithstanding the provisions of section forty-four, fifty, or
fifty-one of the state finance law or any other provision of law to the
contrary, the state university trustees are authorized and empowered:

a. To review and coordinate the budget and appropriation requests of
all state-operated institutions and statutory or contract colleges and
combine these requests with the fiscal requirements for institutions of
higher education specified in section three hundred fifty-eight hereof
into a university program budget for submission to the governor together
with appropriate comments by the trustees of the independent
institutions operating statutory or contract colleges on behalf of the
state regarding the portion of the program budget which relates to such
colleges. Such submission shall be made pursuant to the provisions of
section twenty-two of the state finance law.

b. To expend all lump sum or consolidated appropriations and other
appropriations made for the state university, including all moneys
derived from other sources in the course of the administration thereof.
Within aggregate funds available for expenditure pursuant to section
forty-nine of the state finance law, the state comptroller shall draw
warrants for the payment of all vouchers approved by the chancellor of
the state university, as the chief administrative officer of the state
university, or by such authority or authorities in the state university
as shall be designated by the chancellor by a rule or written direction
filed with the state comptroller, when and in the manner authorized by
the state university trustees. Such lump sum or consolidated
appropriations made for personal service, or for maintenance and
operation or for non-personal service, or maintenance undistributed
including personal service, other than appropriations from proprietary
or fiduciary funds, shall be available for payments for personal
service, or maintenance and operation or for non-personal service, or
for maintenance undistributed including personal service upon the filing
of a schedule of positions and salaries provided, however, that the
salary of the chancellor shall be in accordance with section one hundred
sixty-nine of the executive law and that the portions of the salaries
funded from state appropriations for the presidents and senior staff
shall not exceed that of the chancellor and the amounts to be available
for other personal service classes of expenditure, and for the expenses
of maintenance and operation, or for non-personal service with the
director of the budget, chairman of the senate finance committee,
chairman of the assembly ways and means committee, and the state
comptroller. Any such schedule may be amended and such amendment shall
be filed with the officers named above. The state comptroller is
authorized to pay any amounts required for the salaries and related
employment benefits of state university employees from any
appropriations or other funds available therefor. In regard to the state
university, the budget director shall exercise the authority granted
under section forty-nine of the state finance law by establishing an
aggregate amount available for expenditure for the state university from
the aggregate appropriations made, by funding source, for the state
university in the state operations appropriations act, rather than by
making the specific approvals and by filing the certificates of such
approvals authorized by section forty-nine of the state finance law. The
schedule of positions and salaries required to be filed by the budget
director pursuant to section forty-nine of the state finance law shall
be replaced by the schedule of positions and salaries filed by the state
university pursuant to this paragraph. If the director of the budget,
pursuant to section forty-nine of the state finance law, shall establish
as available for expenditure an aggregate amount less than that
contained in the appropriations made for the state university in the
state operations appropriations act, the board of trustees shall within
thirty days of the action of the director of the budget file with the
comptroller, with an informational copy to the budget director and to
the chairs of the assembly ways and means and senate finance committees,
a certificate allocating such lesser amount in no greater detail than
provided for in the state operations appropriations act. In the event
that the board has failed to file such certification within such thirty
day period, the budget director may issue a certificate of availability
for the state university reflecting such amount in no greater detail
than provided for in the state operations appropriations act.

c. To increase or decrease appropriations by transfer or interchange
as follows:

(1) Amounts appropriated for the programs or purposes or for any item
or items within such programs or purposes of any individual
state-operated institution and the statutory or contract colleges of the
state university, including state university central administration
within the schedules of such units or for any individual hospital within
the schedule of hospitals of the state university from a particular fund
or funds in a fiscal year may be interchanged between such programs or
purposes of such unit or hospital of state university, or between items
within the same program or purpose, or with other items appropriated
from such fund not in the same program or purpose, but which are
contained in the state comptroller's classification of items as last
promulgated pursuant to a certificate of allocation. Such certificate
shall be submitted by such units to the board of trustees of the state
university. Such certificate shall be submitted by the board of trustees
to the state comptroller with copies to be sent to the chairs of the
senate finance committee and the assembly ways and means committee and
the director of the budget for informational purposes only. The total
amount appropriated for any program or purpose may be decreased by not
more than the aggregate of five percent of such appropriation for a
program or purpose with the approval of the units or hospitals or such
amounts may be decreased by more than the aggregate of five percent of
such appropriation with the approval of the state university trustees.

(2) Amounts appropriated to state-operated institutions and statutory
or contract colleges within the schedule of such units or to hospitals
within the schedule of hospitals of the state university from a
particular fund or funds in a fiscal year for the programs or purposes
of such units or hospitals of the state university may be transferred
between and among such units or hospitals pursuant to a certificate of
allocation, submitted directly by the state university to the state
comptroller, with copies of such certificates to be sent to the chairs
of the senate finance committee and the assembly ways and means
committee and the director of the budget for informational purposes
only. The total amount appropriated for any unit may not be decreased by
more than the aggregate of three percent of an appropriation for a unit
or the aggregate of ten percent of an appropriation for a hospital.

(3) Amounts appropriated for programs or purposes, or for any item
within such programs or purposes, within the university-wide program
schedule of state university from a particular fund or funds in a fiscal
year shall not be decreased by means of transfer or interchange by more
than the aggregate of four percent of an appropriation for a program or
purpose within such schedule.

(4) Amounts appropriated for hospitals within the hospital schedule of
the state university from a particular fund or funds in a fiscal year
for programs or purposes of such hospitals shall not be increased or
decreased by means of transfer or interchange from the amounts
appropriated to the state-operated institutions and the statutory or
contract colleges, university-wide programs, or central administration
of the state university. The aggregate appropriation for the hospital
schedule shall not be increased or decreased by such transfers of
appropriations.

(5) Amounts appropriated for the central administration of the state
university within the central administration schedule from a particular
fund or funds in a fiscal year for programs or purposes including, but
not limited to, administration of state-operated institutions and
statutory or contract colleges, university-wide programs, and hospitals
of the state university shall not be increased by means of transfer or
interchange by more than five percent of the aggregate appropriation
within such schedule.

(6) Notwithstanding the foregoing provisions of this subdivision,
whenever the director of the budget, pursuant to section forty-nine of
the state finance law, shall establish an aggregate amount less than
that contained in the state operations appropriations act, the trustees
may transfer or interchange any or all of such lesser amount among any
of the programs or purposes or items without regard to the restrictions
provided in this subdivision.

(7) On the fifteenth day of October, January, April and July of each
year, the state university shall provide the chair of the senate finance
committee and the assembly ways and means committee, the state
comptroller and the director of the budget with quarterly reports of all
transfers or interchanges made by the state university pursuant to this
section, with such reports to include the program impact of each
transfer or interchange. The allocation of lump sum appropriations from
a fund or funds made to the state university for later distribution to
state operated institutions, statutory or contract colleges, hospitals
and/or central administration of the state university or the allocation
of lump sum appropriations made to all state departments and agencies
for later allocation for specific programs or purposes or units of the
state university shall not be deemed to be part of any total increase or
decrease authorized by this section.

5. Notwithstanding the provisions of subdivision two of section one
hundred twelve and sections one hundred fifteen, one hundred sixty-one,
and one hundred sixty-three of the state finance law and section three
of the New York state printing and public documents law or any other law
to the contrary, the state university trustees are authorized and
empowered to:

a. (i) purchase materials, proprietary electronic information
resources including but not limited to academic, professional, and
industry journals, reference handbooks and manuals, research tracking
tools, indexes and abstracts; and equipment and supplies, including
computer equipment and motor vehicles, where the amount for a single
purchase does not exceed seventy-five thousand dollars, (ii) execute
contracts for services and construction contracts to an amount not
exceeding seventy-five thousand dollars, and (iii) contract for printing
to an amount not exceeding seventy-five thousand dollars, without prior
approval by any other state officer or agency, but subject to rules and
regulations of the state comptroller not otherwise inconsistent with the
provisions of this section and in accordance with the guidelines
promulgated by the state university board of trustees after consultation
with the state comptroller. In addition, the trustees, after
consultation with the commissioner of general services, are authorized
to annually negotiate with the state comptroller increases in the
aforementioned dollar limits and the exemption of any articles,
categories of articles, services, or commodities from these limits;

b. establish cash advance accounts for the purpose of purchasing
materials, supplies, or services, for cash advances for travel expenses
and per diem allowances, or for advance payment of wages and salary. The
account may be used to purchase such materials, supplies, or services
where the amount of a single purchase does not exceed one thousand
dollars, in accordance with such guidelines as shall be prescribed by
the state university trustees after consultation with the state
comptroller;

c. establish guidelines in consultation with the commissioner of
general services authorizing participation by the state university in
programs administered by the office of general services for the purchase
of available New York state food products. The commissioner of general
services shall provide assistance to the state university necessary to
enable the university to participate in these programs; and

d. award contract extensions for campus transportation without
competitive bidding where such contracts were secured either through
competitive bidding or through evaluation of proposals however such
extensions may be rejected if the amount to be paid to the contractor in
any year of such proposed extension fails to reflect any decrease in the
regional consumer price index for the New York, New York-Northeastern,
New Jersey area, based upon the consumer price index for all urban
consumers (CPI-U) during the preceding twelve-month period. At the time
of any contract extension, consideration shall be given to any
competitive proposal offered by a public transportation agency. Such
contract may be increased for each year of the contract extension by an
amount not to exceed the regional consumer price index increase for the
New York, New York-Northeastern, New Jersey area, based upon the
consumer price index for all urban consumers (CPI-U), during the
preceding twelve-month period, provided it has been satisfactorily
established by the contractor that there has been at least an equivalent
increase in the amount of his cost of operation, during the period of
the contract.

Guidelines promulgated by the state university board of trustees
shall, to the extent practicable, require that competitive proposals be
solicited for purchases, and shall include requirements that purchases
and contracts authorized under this section be at the lowest available
price, including consideration of prices available through other state
agencies, consistent with quality requirements, and as will best promote
the public interest. Such purchases may be made directly from any
contractor pursuant to any contract for commodities let by the office of
general services or any other state agency.

6. To enter into any contract or agreement deemed necessary or
advisable after consultation with appropriate state agencies for
carrying out the objects and purposes of the state university without
prior review or approval by any state officer or agency other than the
state comptroller and the attorney general including contracts with
non-profit corporations organized by officers, employees, alumni or
students of the state university for the furtherance of its objects and
purposes. Contracts or agreements entered into with the federal
government to enable participation in federal student loan programs,
including any and all instruments required thereunder, shall not be
subject to the requirements of section forty-one of the state finance
law; provided, however, that the state shall not be liable for any
portion of any defaults which it has agreed to assume pursuant to any
such agreement in an amount in excess of money appropriated or otherwise
lawfully available therefor at the time the liability for payment
arises.

* 6-a. The state university trustees shall adopt guidelines for
foundations of state-operated campuses that require each foundation to
adopt a conflict of interest policy applicable to such foundation and
its affiliated corporations. Among other items, the state university
trustees' guidelines shall require such foundation policies to provide:
(a) that service as a board member or officer thereof shall not be used
as a means for private benefit or inurement for the board member or
officer, a relative thereof, or any entity in which the board member or
officer, or relative thereof, has a business interest; (b) no board
member or officer who is a vendor of goods or services to the foundation
or its affiliated corporation, or who has a business interest in such
vendor, or whose relative has a business interest in such vendor, shall
vote on, or participate in the foundation's administration of, any
transaction with such vendor; and (c) a board member or officer shall
advise the chair of the foundation or its affiliated corporation of his
or a relative's business interest in any such existing or proposed
vendor with the foundation or its affiliate. The state university
trustees' guidelines shall define the nature of a business interest and
the closeness of a personal relation that bring a relationship within
the purposes of this subdivision.

* NB Repealed July 1, 2024

7. To refund or credit moneys paid to the state university for tuition
or any other fee or charge imposed or received by the state university
trustees (1) where such moneys were not required by law or trustees'
rule, to the extent of the amount paid; (2) where such moneys were in
excess of the amount required by law or trustees' rule, to the extent of
such excess; (3) where registration or attendance at a state university
institution is canceled or terminated prior to the expiration of an
academic term otherwise than by dismissal, to the extent prescribed by
rule or otherwise by the state university trustees; provided, however,
that no moneys shall be refunded or credited unless application therefor
is made within three years after receipt of such moneys by the state
university.

8. Except as otherwise provided herein, all moneys received by the
state university of New York and by state-operated institutions thereof
from appropriations, tuition, fees, user charges, sales of products and
services and from all other sources, including sources and activities of
the state university which are intended by law to be self-supporting may
be credited to an appropriate fund or funds to be designated by the
state comptroller. The amounts so paid into such fund or funds which
were received by or for the state university shall be used for expenses
of the state university in carrying out any of its objects and purposes
and such amounts received by or for state-operated institutions of the
state university shall be used for expenses of the state university
under regulations prescribed by the state university trustees.
Notwithstanding the foregoing provisions of this subdivision, all
dormitory facilities revenues transferred to the dormitory authority by
assignment or otherwise pursuant to paragraph y of subdivision two of
this section shall upon receipt by the state university acting as agent
for the dormitory authority be transferred and immediately paid without
appropriation thereof to the commissioner of taxation and finance
pursuant to subdivision four of section four of the state finance law
for deposit to the dormitory facilities revenue fund.

8-a. All monies received by state university health care facilities
from fees, charges, and reimbursement and from all other sources shall
be credited to a state university health care account in a fund to be
designated by the state comptroller. Notwithstanding the provision of
any law, rule or regulation to the contrary, a portion of such monies
credited may be transferred to a state university account as requested
by the state university chancellor or his or her designee. Monies to
establish reserves for long-term expenses of state university health
care facilities and to fulfill obligations required for any contract for
health care services authorized pursuant to subdivision sixteen of this
section may be designated by the state university as a reserve and
transferred to a separate contractual reserve account. The amounts in
such accounts shall be available for use in accordance with paragraph b
of subdivision four and subdivision eight of this section. Monies shall
only be expended from the state university health care account and the
contractual reserve account pursuant to appropriation. Notwithstanding
any provision of this chapter, the state finance law or any other law to
the contrary, such appropriations shall remain in full force and effect
for two years from the effective date of the appropriation act making
the appropriation. Monies so transferred may be returned to the state
university health care account; provided, however, that funds in such
contractual reserve account must be sufficient to meet the obligations
of all such contracts.

8-b. Notwithstanding the provision of any law, rule or regulation to
the contrary, the state university shall be entitled to annually receive
an apportionment and payment of state assistance equal to all moneys
derived as a result of the tuition increase, calculated as the
difference in the amount generated using the tuition rates authorized by
the state university trustees for the two thousand seven--two thousand
eight academic year and the amount generated using the tuition rates
authorized by state university trustees for the two thousand nine--two
thousand ten academic year, pursuant to the following schedule: for the
two thousand nine--two thousand ten academic year, the state university
shall receive an amount equal to twenty percent of such tuition
increase; for the two thousand ten--two thousand eleven academic year,
the state university shall receive an amount equal to thirty percent of
such tuition increase; for the two thousand eleven--two thousand twelve
academic year, the state university shall receive an amount equal to
forty percent of such tuition increase; and for the two thousand
twelve--two thousand thirteen academic year, the state university shall
receive an amount equal to fifty percent of such tuition increase. Such
apportionment shall be for the enhanced investment in the state
university of the state of New York and shall be used to supplement, not
supplant, state gross general fund support, unless the director of the
budget determines that state fiscal conditions preclude such an outcome
and, in which case, the director shall submit a report regarding the
recommended funding levels and whether the tuition increase
apportionment provisions of this subdivision have been complied with for
the state university of the state of New York to the chairs of the
senate finance committee and the assembly ways and means committee and
the chairs of the senate higher education committee and the assembly
higher education committee no later than fifteen days following the
release of the executive budget.

9. Notwithstanding any other provision of this section, the state
university trustees may assign to the state university construction fund
for the corporate purposes of the fund all or any portion of any moneys
received or to be received by the state university and by the
state-operated institutions which are not required by a donor or grantor
to be used for other state university purposes.

10. The state university trustees may authorize the chief
administrative officer of each medical center of the state university
operating in-patient or out-patient hospital facilities or clinic
facilities to compromise any claim which the state may have for care,
maintenance or treatment received or furnished to patients in such
facilities, in proper cases, where substantial justice will best be
served thereby. Any such compromise shall be subject to the prior
written approval of the attorney general.

11. Notwithstanding any provision of law, rule or regulation to the
contrary, the state university trustees may authorize the chief
administrative officer of each medical center of the state university
operating in-patient or out-patient hospital facilities or clinic
facilities to establish a system for the billing of patients for the
care, maintenance or treatment received or furnished to patients in such
facilities, which in proper cases or in the exercise of prudent fiscal
discretion may allow for the payment of such charges by means of a
credit card or similar device. Such system may allow for the payment of
such reasonable administrative fees as may be regularly imposed by a
banking institution or other credit service organization for the use of
such credit devices. In establishing such system the chief
administrative officer shall seek the assistance of the state
comptroller who shall assist in developing such system so as to ensure
that state funds allocated to such medical centers shall be utilized in
an economically feasible method.

12. The state comptroller, or a legally authorized representative of
the state comptroller, may accept from the state university in lieu of
an examination of the books and accounts of state university, including
its receipts and disbursements and any other matters relating to its
financial standing, an external examination of its books and accounts
made at the request of state university.

13. Master capital plan. On or before November fifteenth of each year,
the trustees of 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 setting forth the projects proposed to be constructed,
reconstructed, rehabilitated or otherwise substantially altered pursuant
to appropriations enacted or to be enacted during the succeeding five
years. Such plan 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, the proposed method of
financing and the estimated economic life of each project. Such plan
shall further specify whether proposed projects constitute new
construction, substantial rehabilitation, moderate rehabilitation or
minor rehabilitation and shall indicate how projects support
improvements in environmental protection, energy and resource
management, solar energy and conservation. Such criteria for each method
of financing shall include, but not be limited to: (i) an analysis of
private enterprise, federal and any other appropriate financing
standards, (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
identified by campus, the name of the specific facility for which the
allocation is provided and a description of what the project is that is
being provided.

14. Notwithstanding the provisions of any general, special or local
law or charter, the state university trustees shall prepare or cause to
be prepared a development and operation plan for a state university
athletic facility, as defined in section sixteen hundred eighty-e of the
public authorities law. Such development and operation plan shall be
submitted to the director of the budget for approval not later than the
fifteenth day of September of the fiscal year of the state. The director
of the budget shall file a copy of such plan and approval thereof with
the chairpersons of the senate finance committee and the assembly ways
and means committee. No proposed amendment to the plan shall be
effective until submitted by the state university trustees and approved
by, the director of the budget and filed by the director with the
chairpersons of the senate finance committee and the assembly ways and
means committee.

Such development and operation plan shall include, but not be limited
to, provisions concerning the following:

(a) revenue and expense estimates for the succeeding three year period
commencing in the year of the completion of construction and beneficial
occupancy of the state university athletic facility;

(b) the sources of revenues that are projected to be available to meet
all costs of the operation, repair, maintenance and continuing use of
the state university athletic facility, and any net income remaining to
cover subsequent annual debt service expenses, and evidence satisfactory
to the state university of New York and the director of the budget that,
consistent with university and community use as set forth in this
section, revenues will be maximized and available when needed for the
state university athletic facility; and

(c) plans for the development, operation, repair, maintenance and
continuing use of the state university athletic facility under the care,
custody, and management of the state university to include, but not be
limited to, athletic competition of the state university of New York at
Buffalo, amateur sports, appropriate community events, and activities
that generate support for facility operations.

15. State university fiscal year. Notwithstanding any provision of
this chapter, the state finance law, or any other law to the contrary,
on and after the first day of July, nineteen hundred ninety-three, the
fiscal year of the state university of New York, for the purposes of the
budget, appropriations, receipts and disbursements of state moneys and
all other revenues of the state university, financial reporting, and all
other affairs of the state university which are regulated in accordance
with or are based on a fiscal year, shall begin with the first day of
July and end with the next following thirtieth day of June.
Appropriations made for the state university for whatever purpose on the
basis of the state university fiscal year which at the close of such
fiscal year shall cease to have force and effect except as to
liabilities already incurred thereunder shall as to such liabilities
continue in force and effect until the next succeeding thirtieth day of
September, on which date such appropriation shall lapse and no money
shall thereafter be paid out of the state treasury or any of its funds
or any of the funds under its management pursuant to such appropriation.

16. Subject to laws and regulations applicable to the state university
as a health care provider the state university trustees may:

a. Notwithstanding section one hundred sixty-three of the state
finance law, authorize contracts for a state university health care
facility for participation in managed care networks and other joint and
cooperative arrangements with public, non-profit or business entities
including entering into a maximum of twenty network arrangements per
year, as partners, joint ventures, sole member or members of non-profit
or for-profit corporations, sole member or members of non-profit or
for-profit limited liability companies, as lessor or lessee, as
participants in joint operating agreements, and shareholders of business
corporations, and the provision of management and administrative
services by or for state university; provided, however, that any such
contracts with for-profit entities shall be authorized only upon
approval by the commissioner of health and the director of the division
of the budget of a request by the chancellor demonstrating financial
need of a state university health care facility. Any contract for the
provision of management services shall be subject to any provision of
the public health law and health regulations applicable to the state
university as a health care provider, including any review by the
commissioner of health pursuant to 10 NYCRR section 405.3(f). In
addition, the commissioner of health shall provide for public comment
within thirty days of a submission of any management contract required
to be reviewed pursuant to regulation. The trustees may also authorize
contracts, including capitation contracts, for a state university health
care facility for the provision of general comprehensive and specialty
health care services, directly or through contract with other service
providers or entities, including state university employees or entities
comprised thereof. Contracts authorized hereunder shall be:

(1) consistent with trustee guidelines respecting all terms and
conditions necessary and appropriate for managed care and other network,
joint or cooperative arrangements, including guidelines for comparative
review where appropriate;

(2) subject to laws and regulations applicable to the state university
as a health care provider, including with respect to rates and
certificates of need; and

(3) subject to article fourteen of the civil service law and the
applicable provisions of agreements between the state and employee
organizations pursuant to article fourteen of the civil service law.

b. (i) Notwithstanding the provisions of subdivision two of section
one hundred twelve of the state finance law relating to the dollar
threshold requiring the comptroller's approval of contracts and
subdivision six of section one hundred sixty-three of the state finance
law, authorize contracts for the purchase of goods and services for
state university health care facilities:

(A) for any contract which does not exceed one hundred fifty thousand
dollars; or

(B) for joint or group purchasing arrangements which do not exceed one
hundred fifty thousand dollars without prior approval by any other state
officer or agency in accordance with procedures and requirements found
in paragraph a of subdivision five of this section.

(ii) contracts authorized hereunder shall be subject to article
fourteen of the civil service law and the applicable provisions of
agreements between the state and employee organizations pursuant to
article fourteen of the civil service law. The trustees are authorized
to negotiate annually with the state comptroller increases in the
aforementioned dollar limits.

c. Authorize contracts for the acquisition, by purchase, lease,
sublease, transfer of jurisdiction or otherwise, of facilities suitable
for the delivery of health care services and for the construction,
repair, maintenance, equipping, rehabilitation or improvement thereof.
Such contracts shall be subject to approval by the attorney general as
to form and by the director of the budget and the state comptroller.
Contracts under this paragraph shall be funded from any moneys lawfully
available for the expenses of the health care facilities.

17. Investigation of crimes and crime reporting. a. The board of
trustees of the state university of New York shall adopt rules requiring
that each institution of the state university, on or before January
first, two thousand, adopt and implement a plan providing for the
investigation of any violent felony offense occurring at or on the
grounds of each such institution, and providing for the investigation of
a report of any missing student. Such plans shall provide for the
coordination of the investigation of such crimes and reports with local
law enforcement agencies. Such plans shall include, but not be limited
to, written agreements with appropriate local law enforcement agencies
providing for the prompt investigation of such crimes and reports and a
requirement that the institution shall notify the appropriate law
enforcement agency as soon as practicable but in no case more than
twenty-four hours after a report of a violent felony or that a student
who resides in housing owned or operated by such institution is missing;
provided that each institution shall: (1) inform each victim of a sexual
offense of their options to notify proper law enforcement authorities,
including on-campus and local police; (2) inform the victim of a sexual
offense of the right to report or not to report such offense to local
law enforcement agencies; and (3) offer the option to be assisted by
campus authorities in notifying such authorities, if the victim of
sexual assault so chooses, all in compliance with applicable federal
law, including, but not limited to, the federal Campus Sexual Assault
Victims' Bill of Rights under Title 20 U.S. Code Section 1092(f).

b. As used in this subdivision, the following terms shall have the
following meanings:

(i) "Local law enforcement agencies" means any agency or agencies
employing peace officers or police officers for the enforcement of the
laws of the state, and which has or have jurisdiction under provisions
of the criminal procedure law over offenses occurring at or on the
grounds of any institution subject to the provisions of this
subdivision.

(ii) "Missing student" means any student of an institution subject to
the provisions of this subdivision, who resides in a facility owned or
operated by such institution and who is reported to such institution as
missing from his or her residence.

(iii) "Violent felony offense" means a violent felony offense as
defined in subdivision one of section 70.02 of the penal law.

18. Scholarships for academic achievement. a. (1) Beginning with the
two thousand--two thousand one academic year and thereafter,
scholarships for academic achievement shall be awarded to full-time
students completing their sophomore and junior years of study at all
state university state operated campuses. Two thousand five hundred
scholarships shall be awarded to students in the junior year of study
and two thousand five hundred scholarships shall be awarded to students
in the senior year of study.

(2) Scholarships made to students in the junior year shall be to the
two thousand five hundred students with the highest cumulative grade
point average at the end of such students sophomore year of study. Any
student receiving such award shall be a New York state resident and
shall have a minimum grade point average of 3.5. Such scholarship shall
be awarded at the beginning of the spring semester of such student's
junior year.

(3) Scholarships made to students in the senior year will be to the
two thousand five hundred students with the highest cumulative grade
point average at the end of such students' junior year of study. Any
student receiving such award shall be a New York state resident and
shall have a minimum grade point average of 3.5. Such scholarship shall
be awarded at the beginning of the spring semester of such students'
senior year.

b. Each individual state university of New York state operated campus
shall receive no more than its pro rata share of awards than the
percentage of such university's juniors and seniors represent of the
entire system enrollment in the junior and senior classes.

c. Upon determination of the recipients of the annual awards, the
chancellor shall notify the members of the state legislature of all
recipients who permanently reside within the district that such members
represent.

19. The state university of New York shall provide the chairs of the
assembly ways and means committee and the senate finance committee with
the formula and/or methodology used in determining state aid allocations
to state university of New York state operated campuses and
university-wide programs and the specific budget allocation to each
campus and university-wide program based on the overall funding level
for state-operated campuses and university-wide programs included within
the executive budget submission for the state university of New York
within forty-five days after the submission of the executive budget and
within thirty days after the enactment of the state budget.

20. The state university trustees shall adopt rules requiring that
each institution of the state university of New York adopt written
policies requiring that all public single-occupancy bathroom facilities
be designated as gender neutral for use by no more than one occupant at
a time or for family or assisted use. Such gender neutral bathroom
facilities shall be clearly designated by the posting of such on or near
the entry door of each facility. For purposes of this section,
"single-occupancy bathroom" shall have the same meaning as paragraph (d)
of subdivision one of section one hundred forty-five of the public
buildings law.

21. The state university trustees shall adopt a policy requiring that
each institution of the state university of New York collaborate with
students, faculty and staff to encourage campuses to eliminate the use
of certain plastic items generally recognized by the public as being
designed for single use. Such plastic items may include, but shall not
be limited to, tableware, straws, stirrers, cups and food service
containers. In establishing such a policy, the trustees shall consider
the following:

a. the availability of affordable alternatives;

b. the accessibility of alternatives to all students, faculty, and
staff;

c. an evaluation of the effectiveness of reusable alternatives; and

d. benchmarks for assessing progress.