STATE OF NEW YORK ________________________________________________________________________ 3203 2021-2022 Regular Sessions IN ASSEMBLY January 22, 2021 ___________ Introduced by M. of A. McDONALD, GALEF, STIRPE, FAHY, STECK, MONTESANO, SIMON, CAHILL, M. MILLER, COLTON, GOTTFRIED, MORINELLO, ASHBY, PICHAR- DO, LUPARDO, OTIS -- Multi-Sponsored by -- M. of A. HYNDMAN, TAGUE -- read once and referred to the Committee on Governmental Operations AN ACT to amend the public buildings law, in relation to the authority of the commissioner of general services to lease public buildings The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 12 of section 3 of the public buildings law, as 2 amended by section 47 of part T of chapter 57 of the laws of 2007, is 3 amended to read as follows: 4 12. Lease from time to time buildings, rooms or premises in the county 5 of Albany, and elsewhere as required, for providing space for depart- 6 ments, commissions, boards and officers of the state government, upon 7 such terms and conditions as he or she deems most advantageous to the 8 state. Any such lease shall, however, be for a term not exceeding ten 9 years, except that, the commissioner of general services may enter into 10 leases for a term not exceeding fifteen years when, in the judgment of 11 such commissioner, such longer term is in the best interests of the 12 state. Any such lease may provide for optional renewals on the part of 13 the state, for terms of ten years or less. Each such lease shall contain 14 a clause stating that the contract of the state thereunder shall be 15 deemed executory only to the extent of moneys available therefor and 16 that no liability shall be incurred by the state beyond the money avail- 17 able for such purpose. Notwithstanding the provisions of any other law, 18 except section sixteen hundred seventy-six of the public authorities law 19 relating to use of dormitory authority facilities by the aged, the 20 commissioner of general services shall have sole and exclusive authority 21 to lease space for state departments, agencies, commissions, boards and 22 officers within the county of Albany. Any buildings, rooms or premises, 23 now or hereafter held by the commissioner of general services under EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01852-01-1A. 3203 2 1 lease, may be sublet, in part or in whole, provided that in the judgment 2 of such commissioner, and the occupying department, commission, board, 3 and officers of the state government, such buildings, rooms or premises 4 are not for a time needed. Each such lease with a limited liability 5 company shall identify the names and residence addresses of all natural 6 persons who are to be the members, managers and any authorized persons, 7 if any, of the limited liability company, and the names and residence 8 addresses or, if none, the business address of all shareholders, direc- 9 tors, officers, members, managers and partners of any limited liability 10 company or other business entity that are to be the members, managers or 11 authorized persons, if any, of the limited liability company. The iden- 12 tification of such names shall not be deemed an unwarranted invasion of 13 personal privacy pursuant to article six of the public officers law. If 14 any such member, manager or authorized person of the limited liability 15 company is itself a limited liability company or other business entity, 16 the names and addresses of the shareholders, directors, officers, 17 members, managers and partners of the limited liability company or other 18 business entity shall also be disclosed until full disclosure of ulti- 19 mate ownership by natural persons is achieved. For purposes of this 20 subdivision, the terms "members," "managers," "authorized person," 21 "limited liability company" and "other business entity" shall have the 22 same meaning as those terms are defined in section one hundred two of 23 the limited liability company law. Notwithstanding any other provision 24 of law to the contrary, if bonds or notes are issued pursuant to section 25 sixteen hundred eighty-n of the public authorities law for the purpose 26 of acquiring a building or other facility previously financed by a lease 27 or lease-purchase obligation as authorized herein, the state agency 28 which is the tenant in occupancy shall be authorized to remit tax 29 payments or payments in lieu of thereof to the appropriate taxing 30 authority in a manner consistent with the process and term established 31 under the original lease or lease-purchase for the subject property for 32 a period coincident with the term of the lease as established at the 33 commencement of the term thereof. The state may undertake a certiorari 34 review of assessments that may be imposed from time to time. 35 § 2. Subdivision 12 of section 3 of the public buildings law, as 36 amended by section 48 of part T of chapter 57 of the laws of 2007, is 37 amended to read as follows: 38 12. Lease from time to time buildings, rooms or premises in the county 39 of Albany, and elsewhere as required, for providing space for depart- 40 ments, commissions, boards and officers of the state government, upon 41 such terms and conditions as he or she deems most advantageous to the 42 state. Any such lease shall, however, be for a term not exceeding ten 43 years, but may provide for optional renewals on the part of the state, 44 for terms of ten years or less. Each such lease shall contain a clause 45 stating that the contract of the state thereunder shall be deemed execu- 46 tory only to the extent of moneys available therefor and that no liabil- 47 ity shall be incurred by the state beyond the money available for such 48 purpose. Each such lease with a limited liability company shall identify 49 the names and residence addresses of all natural persons who are to be 50 the members, managers and any authorized persons, if any, of the limited 51 liability company, and the names and residence addresses or, if none, 52 the business address of all share holders, directors, officers, members, 53 managers and partners of any limited liability company or other business 54 entity that are to be the members, managers or authorized persons, if 55 any, of the limited liability company. The identification of such names 56 shall not be deemed an unwarranted invasion of personal privacy pursuantA. 3203 3 1 to article six of the public officers law. If any such member, manager 2 or authorized person of the limited liability company is itself a limit- 3 ed liability company or other business entity, the names and addresses 4 of the shareholders, directors, officers, members, managers and partners 5 of the limited liability company or another business entity shall also 6 be disclosed until full disclosure of ultimate ownership by natural 7 persons is achieved. For purposes of this subdivision, the terms 8 "members," "managers," "authorized person," "limited liability company" 9 and "other business entity" shall have the same meaning as those terms 10 are defined in section one hundred two of the limited liability company 11 law. Notwithstanding the provisions of any other law, except section 12 sixteen hundred seventy-six of the public authorities law relating to 13 use of dormitory authority facilities by the aged, the commissioner of 14 general services shall have sole and exclusive authority to lease space 15 for state departments, agencies, commissions, boards and officers within 16 the county of Albany. Any buildings, rooms or premises, now or hereafter 17 held by the commissioner of general services under lease, may be sublet, 18 in part or in whole, provided that in the judgment of the commissioner, 19 and the occupying department, commission, board, and officers of the 20 state government, such buildings, rooms or premises are not for a time 21 needed. 22 § 3. This act shall take effect immediately, provided that: 23 a. the provisions of this act shall only apply to leases entered into 24 after such effective date; and 25 b. the amendments to subdivision 12 of section 3 of the public build- 26 ings law made by section one of this act shall be subject to the expira- 27 tion and reversion of such subdivision pursuant to subdivision 4 of 28 section 27 of chapter 95 of the laws of 2000, as amended, when upon such 29 date the provisions of section two of this act shall take effect.