Bill Text: NY A05008 | 2017-2018 | General Assembly | Introduced
Bill Title: Enacts the "Stony Brook University quality higher education and economic development act".
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2018-01-03 - referred to higher education [A05008 Detail]
Download: New_York-2017-A05008-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5008 2017-2018 Regular Sessions IN ASSEMBLY February 6, 2017 ___________ Introduced by M. of A. ENGLEBRIGHT, HOOPER -- read once and referred to the Committee on Higher Education AN ACT to amend the education law and the public authorities law, in relation to authorizing increased flexibility for the state university of New York at Stony Brook (Part A); to amend the education law, in relation to the use of state university of New York at Stony Brook property (Part B); to amend the education law, the state finance law and the tax law, in relation to the ability of the state university trustees to purchase items and enter into contracts and agreements (Part C); to amend the education law and the state finance law, in relation to the distribution of money received from various sources related to the state university of New York at Stony Brook (Part D); and to amend the education law, in relation to providing that certain lease of the state university of New York at Stony Brook need not be submitted to the attorney general for his or her approval (Part E) The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "Stony 2 Brook University quality higher education and economic development act". 3 § 2. Legislative findings and intent. The legislature finds that 4 Stony Brook University is and continues to be a strong and valued player 5 in the Long Island economy. The state must recognize the benefit of 6 strengthening its partnership with Stony Brook University in terms of 7 creating jobs and keeping individuals gainfully employed. Stony Brook 8 University must also continue to focus on its contributions to the local 9 economy and the role it can play beyond the Long Island region. 10 Stony Brook University ranks among the foremost research academic 11 institutions in the world. The University must continue to ensure a 12 quality education for all of its students, advance its research and 13 clinical missions, and remain competitive with the other 61 Association 14 of American Universities institutions across the nation. Its research EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03735-01-7A. 5008 2 1 and development park, along with Brookhaven National Laboratory, will 2 also serve a critical role in the development of high technologies, 3 bio-technologies, and medical technologies and will continue to stimu- 4 late the economy and provide jobs and be the foundation for further 5 alliances with public and private research entities. 6 Finally, the legislature intends to provide Stony Brook University 7 greater flexibility and resources to ensure the continued delivery of 8 the highest quality education to its students, the future workforce for 9 our communities; University Hospital and Medical Center, the safety net 10 for critical care on Long Island, and the training site for the future 11 medical professionals; the necessary support for its faculty, and the 12 tools to drive our economy back to prosperity. 13 § 3. This act enacts into law major components of legislation which 14 are necessary for the efficient and productive operation of this state. 15 Each component is wholly contained within a Part identified as Parts A 16 through E. The effective date or dates for each particular provision 17 contained within such Part are set forth in the last section of such 18 Part. Any provision in any section contained within a Part, including 19 the effective date of the Part, which makes reference to a section "of 20 this act", when used in connection with that particular component, shall 21 be deemed to mean and refer to the corresponding section of the Part in 22 which it is found. 23 PART A 24 Section 1. Paragraph h of subdivision 2 of section 355 of the educa- 25 tion law is amended by adding a new subparagraph 4-a to read as follows: 26 (4-a) Commencing with the two thousand eighteen academic year, the 27 president of the state university of New York at Stony Brook, in consul- 28 tation with the Stony Brook Council, is authorized to request revenues 29 for students enrolled in degree granting programs at the state universi- 30 ty of New York at Stony Brook with the prior approval of the trustees. 31 § 2. Paragraph (b) of subdivision 2 of section 1676 of the public 32 authorities law is amended by adding two new undesignated paragraphs to 33 read as follows: 34 The state university of New York at Stony Brook, in connection with 35 the financing, refinancing, acquisition, design, development, 36 construction, reconstruction, renovation, rehabilitation, improvement, 37 expansion, furnishing and equipping of, or otherwise providing for 38 academic buildings, dormitories, and other facilities on lands held by 39 the state of New York for the benefit of the state university of New 40 York at Stony Brook or lands leased by the state of New York or the 41 state university of New York at Stony Brook for use by students, faculty 42 and staff of the state university of New York at Stony Brook. 43 Any state university of New York at Stony Brook campus-related founda- 44 tion, alumni association or affiliate thereof, any not-for-profit corpo- 45 ration or association organized by the president or the alumni of the 46 state university of New York at Stony Brook to further its purposes, or 47 any limited liability company whose sole member is any one of the fore- 48 going entities, in connection with the financing, refinancing, acquisi- 49 tion, design, development, construction, reconstruction, renovation, 50 rehabilitation, improvement, expansion, furnishing and equipping of, or 51 otherwise providing for, academic buildings, dormitories, and other 52 facilities for the use of students, faculty and staff of the state 53 university of New York at Stony Brook.A. 5008 3 1 § 3. Subdivision 1 of section 1680 of the public authorities law is 2 amended by adding two new undesignated paragraphs to read as follows: 3 The state university of New York at Stony Brook, in connection with 4 the financing, refinancing, acquisition, design, development, 5 construction, reconstruction, renovation, rehabilitation, improvement, 6 expansion, furnishing and equipping of, or otherwise providing for, 7 academic buildings, dormitories, and other facilities on lands held by 8 the state of New York for the benefit of the state university of New 9 York at Stony Brook or lands leased by the state of New York or the 10 state university of New York at Stony Brook for use by students, faculty 11 and staff of the state university of New York at Stony Brook. 12 Any state university of New York at Stony Brook campus-related founda- 13 tion, alumni association or affiliate thereof, any not-for-profit corpo- 14 ration or association organized by the president of the state university 15 of New York at Stony Brook to further its purposes, or any limited 16 liability company whose sole member is any one of the foregoing enti- 17 ties, in connection with the financing, refinancing, acquisition, 18 design, development, construction, reconstruction, renovation, rehabili- 19 tation, improvement, expansion, furnishing and equipping of, or other- 20 wise providing for, academic buildings, dormitories, and other facili- 21 ties for the use of students, faculty and staff of the state university 22 of New York at Stony Brook. 23 § 4. Any contracts entered into by the dormitory authority pursuant to 24 this act shall be deemed state contracts within the meaning of that term 25 as set forth in article 15-A of the executive law; and such authority 26 shall be deemed, for the purposes of this act, a contracting agency as 27 that term is used in article 15-A of the executive law. 28 § 5. Subdivision 12 of section 373 of the education law, as amended by 29 section 2 of subpart A of part D of chapter 58 of the laws of 2011, is 30 amended to read as follows: 31 12. To procure and execute contracts, lease agreements, and all other 32 instruments necessary or convenient for the exercise of its corporate 33 powers and the fulfillment of its corporate purposes under this article. 34 Notwithstanding subdivision two of section one hundred twelve of the 35 state finance law or any other law to the contrary, fund procurements 36 shall not be subject to the prior approval of any state officer or agen- 37 cy. Notwithstanding any other provision of law to the contrary, all such 38 fund procurements on behalf of the state university of New York at Stony 39 Brook shall be subject only to procurement guidelines that are annually 40 adopted by the fund trustees, which shall substantially conform to the 41 provisions of title four of article nine of the public authorities law; 42 § 6. Subdivision 12 of section 373 of the education law, as added by 43 chapter 251 of the laws of 1962, is amended to read as follows: 44 12. To [make] procure and execute contracts, lease agreements, and all 45 other instruments necessary or convenient for the exercise of its corpo- 46 rate powers and the fulfillment of its corporate purposes under this 47 article. Notwithstanding any other law to the contrary, all such fund 48 procurements on behalf of the state university of New York at Stony 49 Brook shall be subject only to procurement guidelines that are annually 50 adopted by the fund trustees, which shall substantially conform to the 51 provisions of title four of article nine of the public authorities law; 52 § 7. Section 373 of the education law is amended by adding a new 53 subdivision 20 to read as follows: 54 20. To design, construct, acquire, reconstruct, rehabilitate and 55 improve academic buildings, dormitories and other facilities for use by 56 students, faculty and staff of the state university of New York at StonyA. 5008 4 1 Brook using any project delivery method, including but not limited to, 2 design/bid/build, design/build or construction manager at risk, that 3 will assist the fund in fulfilling its purposes under section three 4 hundred seventy-two of this article. 5 § 8. Subdivisions 9 and 10 of section 376 of the education law are 6 renumbered subdivisions 10 and 11 and a new subdivision 9 is added to 7 read as follows: 8 9. All contracts which are to be awarded pursuant to this subdivision 9 on behalf of the state university of New York at Stony Brook shall be 10 awarded pursuant to procurement guidelines approved annually by the fund 11 trustees or by public letting in accordance with the following 12 provisions, notwithstanding any contrary provision of section one 13 hundred twelve, one hundred thirty-five, one hundred thirty-six, one 14 hundred thirty-nine or one hundred forty of the state finance law or any 15 other law, provided, however, that where the estimated expense of any 16 contract which may be awarded pursuant to this subdivision is less than 17 two hundred fifty thousand dollars, a performance bond and a bond for 18 the payment of labor and material may, in the discretion of the fund, 19 not be required, and except that in the discretion of the fund, a 20 contract may be entered into for such purposes without public letting 21 where the estimated expense thereof is less than fifty thousand dollars, 22 or where in the judgment of the fund an emergency condition exists as a 23 result of damage to an existing academic building, dormitory or other 24 facility which has been caused by an act of God, fire or other casualty, 25 or any other unanticipated, sudden and unexpected occurrence, that has 26 resulted in damage to or a malfunction in an existing academic building, 27 dormitory or other facility and involves a pressing necessity for imme- 28 diate repair, reconstruction or maintenance in order to permit the safe 29 continuation of the use or function of such facility, or to protect the 30 facility or the life, health or safety of any person, and the nature of 31 the work is such that in the judgment of the fund it would be impracti- 32 cal and against the public interest to have public letting; provided, 33 however, that the fund, prior to awarding a contract hereunder because 34 of an emergency condition notify the comptroller of its intent to award 35 such a contract: 36 a. The letting agency shall advertise the invitation to bid or the 37 request for proposals in a newspaper published in the county of Suffolk 38 and in such other newspapers as will be most likely in its opinion to 39 give adequate notice to contractors of the work required provided, 40 however, that where the estimated expense of any contract which may be 41 awarded pursuant to this subdivision is less than two hundred fifty 42 thousand dollars, the letting agency may advertise the invitation to bid 43 solely through the procurement opportunities newsletter published pursu- 44 ant to section one hundred forty-two of the economic development law. 45 The invitation to bid or request for proposals shall contain such infor- 46 mation as the letting agency shall deem appropriate. 47 b. The letting agency shall not award any contract after public 48 bidding except to the lowest bidder who in its opinion is qualified to 49 perform the work required and is responsible and reliable. The letting 50 agency may, however, reject any or all bids, again advertise for bids, 51 or waive any informality in a bid if it believes that the public inter- 52 est will be promoted thereby. 53 c. The invitation to bid, request for proposals and the contract 54 awarded shall contain such other terms and conditions, and such 55 provisions for penalties, as the letting agency may deem desirable.A. 5008 5 1 d. Any contract awarded pursuant to this subdivision shall contain a 2 clause that the contract shall be deemed executory to the extent of the 3 moneys available and that no liability shall be incurred by the fund 4 beyond the moneys available therefor. 5 e. The letting agency shall require such deposits, bonds and security 6 in connection with the submission of bids or request for proposals, the 7 award of contracts and the performance of work as it shall determine to 8 be in the public interest and for the protection of the state, the state 9 university, the fund and the letting agency. 10 f. Notwithstanding the provisions of any other law to the contrary, 11 all contracts for public work awarded by the state university 12 construction fund pursuant to this subdivision shall be in accordance 13 with section one hundred thirty-nine-f of the state finance law. 14 § 9. On January first of each year, the president of the state univer- 15 sity of New York at Stony Brook shall submit a report to the governor, 16 the temporary president of the senate and the speaker of the assembly. 17 Specifically, the report shall address each of the following: the state 18 university of New York at Stony Brook's progress in competing with the 19 top academic research institutions; the impact of the state university 20 of New York at Stony Brook's efforts to increase the well-being of Long 21 Island's economy including the university's efforts to develop new and 22 innovative purchasing and contracting modalities including but not 23 limited to project labor agreements; and the impact of revenue increases 24 and efforts to ensure affordable access to the exceptional education to 25 economically challenged students. 26 § 10. This act shall take effect immediately; provided that the amend- 27 ments to subdivision 12 of section 373 of the education law, made by 28 section five of this act, shall not affect the expiration of such subdi- 29 vision and shall expire therewith, when upon such date the provisions of 30 section six of this act shall take effect. 31 PART B 32 Section 1. Paragraph a of subdivision 2 of section 355 of the educa- 33 tion law, as amended by section 18 of part A of chapter 68 of the laws 34 of 2013, is amended to read as follows: 35 a. To take, hold and administer on behalf of the state university or 36 any institution therein, real and personal property or any interest 37 therein and the income thereof either absolutely or in trust for any 38 educational or other purpose within the jurisdiction and corporate 39 purposes of the state university , and, with respect to any property 40 utilized by or comprising any part of the campuses of the state univer- 41 sity of New York at Stony Brook, to dispose of such property in such 42 manner and upon such terms as its trustees shall determine. The trus- 43 tees shall allow and regulate the use of such property for other than 44 the corporate purposes of the state university of New York at Stony 45 Brook, by permit, lease, license or other agreement, for periods not to 46 exceed ten years, and prescribe the fees, if any, that persons, associ- 47 ations and corporations allowed the use of such property shall pay. The 48 trustees may acquire property for such purposes by purchase, appropri- 49 ation or lease and by the acceptance of gifts, grants, bequests and 50 devises, and, within appropriations made therefor, may equip and furnish 51 buildings and otherwise improve property owned, used or occupied by the 52 state university or any institution therein. The trustees may acquire 53 property for or on behalf of the state university of New York at Stony 54 Brook by the acceptance of conditional gifts, grants, devises orA. 5008 6 1 bequests, the provisions of section eleven of the state finance law 2 notwithstanding. The trustees may acquire property by the acceptance of 3 conditional gifts, grants, devises or bequests, the provisions of 4 section eleven of the state finance law notwithstanding. Where real 5 property is to be acquired by purchase or appropriation, such acquisi- 6 tion shall be in accordance with the provisions of section three hundred 7 seven of this chapter except that the powers and duties in said section 8 mentioned to be performed by the commissioner shall be performed by the 9 state university trustees. The provisions of section three of the public 10 lands law notwithstanding, the trustees may provide for the lease of 11 state-owned real property under the jurisdiction of the state university 12 that is part of a tax-free NY area approved pursuant to article twenty- 13 one of the economic development law, in such manner and upon such terms 14 as the trustees shall determine, provided such lease is consistent with 15 the approved plan for such tax-free NY area. The provisions of sections 16 three, thirty-a, and thirty-three of the public lands law notwithstand- 17 ing, the trustees may provide for the sale, lease, transfer or convey- 18 ance of state-owned real property under the jurisdiction of the state 19 university comprising any part of the campuses of the state university 20 of New York at Stony Brook in such manner and upon such terms as the 21 trustees shall determine. The foregoing notwithstanding, the trustees 22 may provide for the lease of such real property for periods not to 23 exceed fifty years in support of the educational and other corporate 24 purposes of the state university of New York at Stony Brook, unless the 25 subject project is in conflict with the mission of the state university 26 of New York at Stony Brook, including but not limited to the development 27 and operation of research, incubator, community, health care, retail, 28 food service, telecommunication, student and faculty housing, energy, 29 governmental, senior community, conference center and recreational 30 facilities, and for the purpose of maximizing the use of natural 31 resources; provided, however, the president of the state university of 32 New York at Stony Brook shall provide notice of any such lease to the 33 chairs of the senate finance committee and the assembly ways and means 34 committee and to the director of the budget at least thirty days prior 35 to executing such lease. The provisions of section one hundred sixty- 36 seven of the state finance law notwithstanding, the trustees may provide 37 for the sale, lease, transfer or conveyance of personal property under 38 the custody and control of the state university of New York at Stony 39 Brook in such manner and upon such terms as the trustees shall deter- 40 mine. The provisions of section twenty-three of the public lands law and 41 section one hundred sixty-seven of the state finance law notwithstand- 42 ing, the proceeds from the sale, lease, transfer or conveyance of state- 43 owned real property comprising any part of the campuses of the state 44 university of New York at Stony Brook or of personal property under the 45 custody and control of the state university of New York at Stony Brook 46 shall be retained by the state university of New York at Stony Brook and 47 shall be used by the state university of New York at Stony Brook for 48 expenses of the state university of New York at Stony Brook. 49 § 2. Paragraph a of subdivision 2 of section 355 of the education 50 law, as amended by chapter 552 of the laws of 1985, is amended to read 51 as follows: 52 a. To take, hold and administer on behalf of the state university or 53 any institution therein, real and personal property or any interest 54 therein and the income thereof either absolutely or in trust for any 55 educational or other purpose within the jurisdiction and corporate 56 purposes of the state university, and, with respect to any propertyA. 5008 7 1 utilized by or comprising any part of the campuses of the state univer- 2 sity of New York at Stony Brook, to dispose of such property in such 3 manner and upon such terms as its trustees shall determine. The trus- 4 tees shall allow and regulate the use of such property for other than 5 the corporate purposes of the state university of New York at Stony 6 Brook, by permit, lease, license or other agreement, for periods not to 7 exceed ten years, and prescribe the fees, if any, that persons, associ- 8 ations and corporations allowed the use of such property shall pay. The 9 trustees may acquire property for such purposes by purchase, appropri- 10 ation or lease and by the acceptance of gifts, grants, bequests and 11 devises, and, within appropriations made therefor, may equip and furnish 12 buildings and otherwise improve property owned, used or occupied by the 13 state university or any institution therein. The trustees may acquire 14 property for or on behalf of the state university of New York at Stony 15 Brook by the acceptance of conditional gifts, grants, devises or 16 bequests, the provisions of section eleven of the state finance law 17 notwithstanding. Where real property is to be acquired by purchase or 18 appropriation, such acquisition shall be in accordance with the 19 provisions of section three hundred seven of this chapter except that 20 the powers and duties in said section mentioned to be performed by the 21 commissioner [of education] shall be performed by the state university 22 trustees. The provisions of sections three, thirty-a, and thirty-three 23 of the public lands law notwithstanding, the trustees may provide for 24 the sale, lease, transfer or conveyance of state-owned real property 25 under the jurisdiction of the state university comprising any part of 26 the campuses of the state university of New York at Stony Brook in such 27 manner and upon such terms as the trustees shall determine. The forego- 28 ing notwithstanding, the trustees may provide for the lease of such real 29 property for periods not to exceed fifty years in support of the educa- 30 tional and other corporate purposes of the state university of New York 31 at Stony Brook, unless the subject project is in conflict with the 32 mission of the state university of New York at Stony Brook, including 33 but not limited to the development and operation of research, incubator, 34 community, health care, retail, food service, telecommunication, student 35 and faculty housing, energy, governmental, senior community, conference 36 center and recreational facilities, and for the purpose of maximizing 37 the use of natural resources; provided, however, the president of the 38 state university of New York at Stony Brook shall provide notice of any 39 such lease to the chairs of the senate finance committee and the assem- 40 bly ways and means committee and to the director of the budget at least 41 thirty days prior to executing such lease. The provisions of section one 42 hundred sixty-seven of the state finance law notwithstanding, the trus- 43 tees may provide for the sale, lease, transfer or conveyance of personal 44 property under the custody and control of the state university of New 45 York at Stony Brook in such manner and upon such terms as the trustees 46 shall determine. The provisions of section twenty-three of the public 47 lands law and section one hundred sixty-seven of the state finance law 48 notwithstanding, the proceeds from the sale, lease, transfer or convey- 49 ance of state-owned real property comprising any part of the campuses of 50 the state university of New York at Stony Brook or of personal property 51 under the custody and control of the state university of New York at 52 Stony Brook shall be retained by the state university of New York at 53 Stony Brook and shall be used by the state university of New York at 54 Stony Brook for expenses of the state university of New York at Stony 55 Brook.A. 5008 8 1 § 3. Paragraph s of subdivision 2 of section 355 of the education law, 2 as amended by section 19 of part A of chapter 68 of the laws of 2013, is 3 amended to read as follows: 4 s. To lease or make available to the state university construction 5 fund, the dormitory authority or other public benefit corporation, the 6 New York state teachers' retirement system, the New York state employ- 7 ees' retirement system, [or] a business that intends to locate in a 8 tax-free NY area approved pursuant to article twenty-one of the economic 9 development law or, in the case of state-owned real property comprising 10 any part of the campuses of the state university of New York at Stony 11 Brook, any other public or private for-profit or non-profit entity, 12 including, but not limited to, a local development corporation organized 13 under section fourteen hundred eleven of the not-for-profit corporation 14 law or an industrial development agency organized under article eigh- 15 teen-A of the general municipal law, a portion of the grounds or real 16 property occupied by a state-operated institution or statutory or 17 contract college for the construction, acquisition, reconstruction, 18 rehabilitation or improvement of academic buildings, dormitories or 19 other facilities thereon pursuant to article eight-A of this chapter and 20 for the purpose of facilitating such construction, acquisition, recon- 21 struction, rehabilitation or improvement, to enter into leases and 22 agreements for the use of any such academic building, dormitory or other 23 facility in accordance with the provisions of section three hundred 24 seventy-eight of this chapter; provided, however, that nothing herein 25 contained shall affect the provisions of any lease or agreement hereto- 26 fore executed by the state university with the dormitory authority. The 27 state university trustees may also enter into agreements with the state 28 university construction fund, the dormitory authority or other public 29 benefit corporation, the New York state teachers' retirement system, the 30 New York state employees' retirement system [or], any business that 31 intends to locate in a tax-free NY area approved pursuant to article 32 twenty-one of the economic development law and, in the case of state- 33 owned real property comprising any part of the campuses of the state 34 university of New York at Stony Brook, with any other public or private 35 for-profit or non-profit entity, including, but not limited to a local 36 development corporation organized under section fourteen hundred eleven 37 of the not-for-profit corporation law or an industrial development agen- 38 cy organized under article eighteen-A of the general municipal law, to 39 furnish heat from a central heating plant to any academic building, 40 dormitory or other facility erected by them or with moneys supplied by 41 them. Any such academic building, dormitory or other facility shall not 42 be subject to taxation for any purpose. 43 § 4. Subdivision 2 of section 355 of the education law is amended by 44 adding a new paragraph aa to read as follows: 45 aa. In connection with public-private partnerships in support of the 46 corporate purposes of the state university of New York at Stony Brook, 47 including, without limitation, the state university of New York at Stony 48 Brook's initiative, to participate in joint and cooperative arrangements 49 with public, non-profit and business entities as partners, joint ventur- 50 ers, members of non-profit corporations, members of limited liability 51 companies and shareholders of business corporations. The state universi- 52 ty's participation on behalf of the state university of New York at 53 Stony Brook shall be subject to guidelines of the state university with 54 respect to conflicts of interest and to article fourteen of the civil 55 service law and the applicable provisions of agreements between the 56 state and employee organizations pursuant to article fourteen of theA. 5008 9 1 civil service law. Notwithstanding any inconsistent provision in section 2 eight of the court of claims act, the state university may include in a 3 contract relating to such participation, other than a contract with 4 state employees relating to terms and conditions of their employment, a 5 provision that some or all disputes arising under or related to such 6 contract shall be resolved by binding arbitration in accordance with the 7 rules of a nationally-recognized arbitration association. Nothing 8 contained in the public officers law or in any other law, rule or regu- 9 lation, shall be construed or applied to prohibit state university of 10 New York at Stony Brook officers and employees from engaging in activ- 11 ities for which no compensation is paid as designees of the state 12 university of New York at Stony Brook in connection with such joint and 13 cooperative arrangements, including serving as designees of the state 14 university as members, shareholders or as directors on boards or other 15 governing bodies of corporations or other entities. Confidential infor- 16 mation gained by state university of New York at Stony Brook officers 17 and employees while serving as designees of the state university of New 18 York at Stony Brook as members, shareholders or as directors on boards 19 or other governing bodies of corporations or other entities in 20 connection with such joint undertakings and arrangements shall not be 21 considered a "record" as defined in subdivision four of section eighty- 22 six of the public officers law. 23 § 5. This act shall take effect immediately; provided that the amend- 24 ments to paragraph a of subdivision 2 of section 355 of the education 25 law, made by section one of this act, shall not affect the expiration of 26 such paragraph and shall expire therewith, when upon such date the 27 provisions of section two of this act shall take effect. 28 PART C 29 Section 1. Subdivisions 5 and 6 of section 355 of the education law, 30 as amended by section 1 of subpart B of part D of chapter 58 of the laws 31 of 2011, paragraph a of subdivision 5 as amended by section 31 of part L 32 of chapter 55 of the laws of 2012, are amended to read as follows: 33 5. Notwithstanding the provisions of subdivision two of section one 34 hundred twelve and sections one hundred fifteen, one hundred sixty-one, 35 and one hundred sixty-three of the state finance law and [sections] 36 section three [and six] of the New York state printing and public docu- 37 ments law or any other law to the contrary, the state university trus- 38 tees are authorized and empowered to: 39 a. (i) purchase materials, proprietary electronic information 40 resources including but not limited to academic, professional, and 41 industry journals, reference handbooks and manuals, research tracking 42 tools, indexes and abstracts, equipment and supplies, including computer 43 equipment and motor vehicles, (ii) execute contracts for services, 44 permits, licenses, leases, contracts for the purchase or sale of real 45 property, and construction and construction-related services contracts, 46 and (iii) contract for printing, without prior approval by any other 47 state officer or agency[, but subject to rules and regulations of the48state comptroller not otherwise inconsistent with the provisions of this49section and] in accordance with guidelines, rules or regulations promul- 50 gated by the state university board of trustees [after consultation with51the state comptroller]; 52 a-1. execute contracts for services [to an amount not exceeding twenty53thousand dollars] without prior approval by any other state officer or 54 agency[, but subject to rules and regulations of the state comptrollerA. 5008 10 1not otherwise inconsistent with the provisions of this section and] in 2 accordance with the guidelines, rules or regulations promulgated by the 3 state university board of trustees [after consultation with the state4comptroller. In addition, the trustees, after consultation with the5commissioner of general services, are authorized to annually negotiate6with the state comptroller increases in the aforementioned dollar limits7and the exemption of any services or categories of services from these8limits]; 9 b. to establish cash advance accounts for the purpose of purchasing 10 materials, supplies, or services, for cash advances for travel expenses 11 and per diem allowances, or for advance payment of wages and salary. The 12 account may be used to purchase such materials, supplies, or services 13 where the amount of a single purchase does not exceed one thousand 14 dollars, in accordance with such guidelines as shall be prescribed by 15 the state university trustees [after consultation with the state comp-16troller]; 17 c. establish guidelines in consultation with the commissioner of 18 general services authorizing participation by the state university in 19 programs administered by the office of general services for the purchase 20 of available New York state food products. The commissioner of general 21 services shall provide assistance to the state university necessary to 22 enable the university to participate in these programs; 23 d. [award contract extensions for campus transportation without24competitive bidding where such contracts were secured either through25competitive bidding or through evaluation of proposals, however such26extensions may be rejected if the amount to be paid to the contractor in27any year of such proposed extension fails to reflect any decrease in the28regional consumer price index for the New York, New York-Northeastern,29New Jersey area, based upon the index for all urban consumers (CPI-U)30during the preceding twelve-month period. At the time of any contract31extension, consideration shall be given to any competitive proposal32offered by a public transportation agency. Such contract may be33increased for each year of the contract extension by an amount not to34exceed the regional consumer price index increase for the New York, New35York-Northeastern, New Jersey area, based upon the index for all urban36consumers (CPI-U), during the preceding twelve-month period, provided it37has been satisfactorily established by the contractor that there has38been at least an equivalent increase in the amount of his cost of opera-39tion, during the period of the contract.40e.] guidelines promulgated by the state university board of trustees 41 shall, to the extent practicable, require that competitive proposals be 42 solicited for purchases, and shall include requirements that purchases 43 and contracts authorized under this section be at the lowest available 44 price, including consideration of prices available through other state 45 agencies, consistent with quality requirements, and as will best promote 46 the public interest. Such purchases may be made directly from any 47 contractor pursuant to any contract for commodities let by the office of 48 general services or any other state agency. 49 6. To enter into any contract or agreement deemed necessary or advis- 50 able after consultation with appropriate state agencies for carrying out 51 the objects and purposes of state university without prior review or 52 approval by any state officer or agency [other than the state comp-53troller and the attorney general] including energy performance contracts 54 (as defined in section 9-102 of the energy law), contracts with non-pro- 55 fit corporations organized by officers, employees, alumni or students of 56 state university for the furtherance of its objects and purposes, and,A. 5008 11 1 in the case of the state university of New York at Stony Brook, 2 contracts or agreements with any campus-related foundation, alumni asso- 3 ciation or affiliate thereof, any non-profit corporation or association 4 organized by the president of the state university of New York at Stony 5 Brook to further its purposes or any limited liability company, whose 6 sole member is any of the foregoing entities for the furtherance of the 7 objects and purposes of the state university of New York at Stony Brook, 8 including, without limitation, the state university of New York at Stony 9 Brook's initiative. Contracts or agreements entered into with the 10 federal government to enable participation in federal student loan 11 programs, including any and all instruments required thereunder, shall 12 not be subject to the requirements of section forty-one of the state 13 finance law; provided, however, that the state shall not be liable for 14 any portion of any defaults which it has agreed to assume pursuant to 15 any such agreement in an amount in excess of money appropriated or 16 otherwise lawfully available therefor at the time the liability for 17 payment arises. The foregoing notwithstanding, any contract made for or 18 by the state university for the purchase of: (i) materials, equipment 19 and supplies, including computer equipment; (ii) motor vehicles; (iii) 20 construction and construction-related services contracts; and (iv) 21 printing shall not be subject to prior approval by any other state offi- 22 cer or agency. 23 § 2. Subdivisions 5 and 6 of section 355 of the education law, subdi- 24 vision 5 as added by chapter 552 of the laws of 1985, paragraph a of 25 subdivision 5 as amended by section 32 of part L of chapter 55 of the 26 laws of 2012, paragraph c of subdivision 5 as added by chapter 103 of 27 the laws of 1989, paragraph d of subdivision 5 as added by chapter 537 28 of the laws of 1997 and subdivision 6 as amended by chapter 554 of the 29 laws of 1985, are amended to read as follows: 30 5. Notwithstanding the provisions of [paragraph] subdivision two of 31 section one hundred twelve and sections one hundred fifteen, one hundred 32 sixty-one[,] and one hundred sixty-three [and one hundred seventy-four] 33 of the state finance law and [sections] section three [and six] of the 34 New York state printing and public documents law or any other law to the 35 contrary, the state university trustees are authorized and empowered to: 36 a. (i) purchase materials, proprietary electronic information 37 resources including but not limited to academic, professional, and 38 industry journals, reference handbooks and manuals, research tracking 39 tools, indexes and abstracts equipment and supplies, including computer 40 equipment and motor vehicles[, where the amount for a single purchase41does not exceed twenty thousand dollars], (ii) execute contracts for 42 services, permits, licenses, leases, contracts for the purchase or sale 43 of real property, and construction contracts [to an amount not exceeding44twenty thousand dollars], and (iii) contract for printing [to an amount45not exceeding five thousand dollars], without prior approval by any 46 other state officer or agency[, but subject to rules and regulations of47the state comptroller not otherwise inconsistent with the provisions of48this section and] in accordance with [the] guidelines, rules [and] or 49 regulations promulgated by the state university board of trustees after 50 consultation with the state comptroller. [In addition, the trustees,51after consultation with the commissioner of general services, are52authorized to annually negotiate with the state comptroller increases in53the aforementioned dollar limits and the exemption of any articles,54categories of articles or commodities from these limits. Rules and] 55 Guidelines, rules or regulations promulgated by the state university 56 board of trustees shall, to the extent practicable, require that compet-A. 5008 12 1 itive proposals be solicited for purchases, and shall include require- 2 ments that purchases and contracts authorized under this section be at 3 the lowest available price, including consideration of prices available 4 through other state agencies, consistent with quality requirements, and 5 as will best promote the public interest. Such purchases may be made 6 directly from any contractor pursuant to any contract for commodities 7 let by the office of general services or any other state agency; 8 b. to establish cash advance accounts for the purpose of purchasing 9 materials, supplies, or services, for cash advances for travel expenses 10 and per diem allowances, or for advance payment of wages and salary. The 11 account may be used to purchase such materials, supplies, or services 12 where the amount of a single purchase does not exceed two hundred fifty 13 dollars, in accordance with such guidelines as shall be prescribed by 14 the state university trustees [after consultation with the state comp-15troller]. 16 c. establish guidelines in consultation with the commissioner of 17 general services authorizing participation by the state university in 18 programs administered by the office of general services for the purchase 19 of available New York state food products. The commissioner of general 20 services shall provide assistance to the state university necessary to 21 enable the university to participate in these programs. 22 [d. (1) Award contract extensions for campus transportation without23competitive bidding where such contracts were secured either through24competitive bidding or through evaluation of proposals in response to a25request for proposals pursuant to subparagraph (2) of this paragraph,26however such extensions may be rejected if the amount to be paid to the27contractor in any year of such proposed extension fails to reflect any28decrease in the regional consumer price index for the New York, New29York-Northeastern, New Jersey area, based upon the index for all urban30consumers (CPI-U) during the preceding twelve-month period. At the time31of any contract extension, consideration shall be given to any compet-32itive proposal offered by a public transportation agency. Such contract33may be increased for each year of the contract extension by an amount34not to exceed the regional consumer price index increase for the New35York, New York-Northeastern, New Jersey area, based upon the index for36all urban consumers (CPI-U), during the preceding twelve-month period,37provided it has been satisfactorily established by the contractor that38there has been at least an equivalent increase in the amount of his cost39of operation, during the period of the contract.] 40 6. To enter into any contract or agreement deemed necessary or advis- 41 able after consultation with appropriate state agencies for carrying out 42 the objects and purposes of state university without prior review or 43 approval by any state officer or agency [other than the state comp-44troller and the attorney general] including energy performance contracts 45 (as defined in section 9-102 of the energy law), contracts or agreements 46 with non-profit corporations organized by officers, employees, alumni or 47 students of state university for the furtherance of its objects and 48 purposes, and, in the case of the state university of New York at Stony 49 Brook, contracts or agreements with any campus-related foundation, alum- 50 ni association or affiliate thereof, any non-profit corporation or asso- 51 ciation organized by the president of the state university of New York 52 at Stony Brook to further its purposes or any limited liability company, 53 whose sole member is any of the foregoing entities for the furtherance 54 of the objects and purposes of the state university of New York at Stony 55 Brook, including, without limitation, the state university of New York 56 at Stony Brook's initiative. Contracts or agreements entered into withA. 5008 13 1 the federal government to enable participation in federal student loan 2 programs, including any and all instruments required thereunder, shall 3 not be subject to the requirements of section forty-one of the state 4 finance law; provided, however, that the state shall not be liable for 5 any portion of any defaults which it has agreed to assume pursuant to 6 any such agreement in an amount in excess of money appropriated or 7 otherwise lawfully available therefor at the time the liability for 8 payment arises. 9 § 3. Subdivisions 2 and 3 of section 112 of the state finance law, 10 subdivision 2 as amended by chapter 319 of the laws of 1992, paragraph 11 (a) of subdivision 2 as amended by section 18 of part L of chapter 55 of 12 the laws of 2012 and subdivision 3 as amended by section 2-c of part F 13 of chapter 57 of the laws of 2016, are amended to read as follows: 14 2. (a) Before any contract made for or by any state agency, depart- 15 ment, board, officer, commission, or institution, except the office of 16 general services and the state university of New York, shall be executed 17 or become effective, whenever such contract exceeds fifty thousand 18 dollars in amount and before any contract made for or by the office of 19 general services shall be executed or become effective, whenever such 20 contract exceeds eighty-five thousand dollars in amount, it shall first 21 be approved by the comptroller and filed in his or her office, with the 22 exception of contracts established as a centralized contract through the 23 office of general services and purchase orders or other procurement 24 transactions issued under such centralized contracts. The comptroller 25 shall make a final written determination with respect to approval of 26 such contract within ninety days of the submission of such contract to 27 his or her office unless the comptroller shall notify, in writing, the 28 state agency, department, board, officer, commission, or institution, 29 prior to the expiration of the ninety day period, and for good cause, of 30 the need for an extension of not more than fifteen days, or a reasonable 31 period of time agreed to by such state agency, department, board, offi- 32 cer, commission, or institution and provided, further, that such written 33 determination or extension shall be made part of the procurement record 34 pursuant to paragraph f of subdivision one of section one hundred 35 sixty-three of this chapter. 36 (b) Whenever any liability of any nature shall be incurred by or for 37 any state department, board, officer, commission, or institution other 38 than the state university of New York, notice that such liability has 39 been incurred shall be immediately given in writing to the state comp- 40 troller. 41 3. A contract or other instrument wherein the state or any of its 42 officers, agencies, boards or commissions, other than the state univer- 43 sity of New York, agrees to give a consideration other than the payment 44 of money, when the value or reasonably estimated value of such consider- 45 ation exceeds twenty-five thousand dollars, shall not become a valid 46 enforceable contract unless such contract or other instrument shall 47 first be approved by the comptroller and filed in his or her office. 48 § 4. Paragraph a of subdivision 1 of section 139-j of the state 49 finance law, as amended by chapter 4 of the laws of 2010, is amended to 50 read as follows: 51 a. "Governmental entity" shall mean: (1) any department, board, 52 bureau, commission, division, office, council, committee or officer of 53 the state, whether permanent or temporary, other than the state univer- 54 sity of New York; (2) each house of the state legislature; (3) the 55 unified court system; (4) any public authority, public benefit corpo- 56 ration or commission created by or existing pursuant to the publicA. 5008 14 1 authorities law; (5) any public authority or public benefit corporation, 2 at least one of whose members is appointed by the governor or who serves 3 as a member by virtue of holding a civil office of the state; (6) a 4 municipal agency, as that term is defined in paragraph (ii) of subdivi- 5 sion (s) of section one-c of the legislative law; or (7) a subsidiary or 6 affiliate of such a public authority. 7 § 5. Paragraph a of subdivision 1 of section 139-k of the state 8 finance law, as amended by chapter 4 of the laws of 2010, is amended to 9 read as follows: 10 a. "Governmental entity" shall mean: (1) any department, board, 11 bureau, commission, division, office, council, committee or officer of 12 the state, whether permanent or temporary, other than the state univer- 13 sity of New York; (2) each house of the state legislature; (3) the 14 unified court system; (4) any public authority, public benefit corpo- 15 ration or commission created by or existing pursuant to the public 16 authorities law; (5) a public authority or public benefit corporation, 17 at least one of whose members is appointed by the governor or who serves 18 as a member by virtue of holding a civil office of the state; (6) munic- 19 ipal agency, as that term is defined in paragraph (ii) of subdivision 20 (s) of section one-c of the legislative law; or (7) a subsidiary or 21 affiliate of such a public authority. 22 § 6. Paragraph e of subdivision 4 of section 163 of the state finance 23 law, as amended by section 5 of part L of chapter 55 of the laws of 24 2012, is amended to read as follows: 25 e. [The commissioner is authorized to permit purchases of services for26authorized users through the office of general services' centralized27contracts. Such authorized users so empowered shall accept sole respon-28sibility for any payment due with respect to such purchases.] Any offi- 29 cer, body or agency of a political subdivision as defined in section one 30 hundred of the general municipal law or a district therein and any non- 31 profit corporation organized in furtherance of the objects and purposes 32 of the state university of New York, may make purchases of services 33 through the office of general services' centralized contracts for 34 services, subject, in the case of such political subdivisions, to the 35 provisions of section one hundred four of the general municipal law; 36 provided, however, that in the case of any non-profit corporation organ- 37 ized in furtherance of the objects and purposes of the state university 38 of New York, it shall accept sole responsibility for any payment due 39 with respect to such purchase and provided, further that services so 40 purchased by any such non-profit corporation shall not be used directly 41 or indirectly by a for-profit corporation or other for-profit entity 42 which contracts with the non-profit organization. The commissioner may 43 permit and prescribe the conditions for the purchase of services through 44 the office of general services' centralized contracts for services by 45 any public authority or public benefit corporation of the state includ- 46 ing the port authority of New York and New Jersey, or any non-profit 47 corporation organized in furtherance of the objects and purposes of the 48 state university of New York. The commissioner is authorized to permit 49 any public library, association library, library system, cooperative 50 library system, the New York Library Association, and the New York State 51 Association of Library Boards or any other library except those which 52 are operated by for-profit entities, to make purchases of services 53 through the office of general services' centralized contracts; provided, 54 however, that such entity so empowered shall accept sole responsibility 55 for any payment due with respect to such purchase.A. 5008 15 1 § 7. Paragraph g of subdivision 4 of section 163 of the state finance 2 law, as added by chapter 10 of the laws of 2006, is amended to read as 3 follows: 4 g. All state agencies shall require all contractors, including sub- 5 contractors, that provide services for state purposes pursuant to a 6 contract, to submit an annual employment report for each contract for 7 services that includes for each employment category within the contract 8 the number of employees employed to provide services under the contract, 9 the number of hours they work and their total compensation under the 10 contract. Employment reports shall be submitted to the agency that 11 awarded the contract, the department of civil service and the department 12 of audit and control and shall be available for public inspection and 13 copying pursuant to section eighty-seven of the public officers law 14 provided that in disclosing such reports pursuant to the public officers 15 law, the agency making the disclosure shall redact the name or social 16 security number of any individual employee that is included in such 17 document. The provisions of this paragraph shall not apply to contrac- 18 tors, including subcontractors, that provide services to or on behalf of 19 the state university of New York. 20 § 8. Paragraph b of subdivision 10 of section 163 of the state finance 21 law is amended by adding a new subparagraph (iii) to read as follows: 22 (iii) The provisions of subparagraphs (i) and (ii) of this paragraph 23 shall not apply to single or sole source procurements for services or 24 commodities by the state university of New York, which single or sole 25 source procurements shall be made in accordance with such rules and 26 guidelines as may be promulgated by the trustees of the state university 27 of New York. 28 § 9. Paragraph (e) of subdivision 1 of section 5-a of the tax law, as 29 amended by section 1 of part L of chapter 62 of the laws of 2006, is 30 amended to read as follows: 31 (e) "Covered agency" means a "state agency" for purposes of article 32 eleven of the state finance law, the legislature, the judiciary, or a 33 public authority or public benefit corporation at least one of whose 34 members is appointed by the governor; provided, however, that the term 35 "covered agency" shall not include the state university of New York. 36 § 10. This act shall take effect immediately; provided, however, that 37 the amendments to subdivisions 5 and 6 of section 355 of the education 38 law, made by section one of this act, shall not affect the expiration of 39 such subdivisions and shall expire therewith, when upon such date the 40 provisions of section two of this act shall take effect; and provided, 41 further, that the amendments to section 139-j of the state finance law 42 made by section four of this act, the amendments to section 139-k of the 43 state finance law made by section five of this act, and the amendments 44 to section 163 of the state finance law made by sections six, seven and 45 eight of this act shall not affect the repeal of such sections and shall 46 expire and be deemed repealed therewith. 47 PART D 48 Section 1. Subdivision 8 of section 355 of the education law, as 49 amended by section 3 of part B of chapter 57 of the laws of 2013, is 50 amended to read as follows: 51 8. Except as otherwise provided herein, all moneys received by the 52 state university of New York and by state-operated institutions thereof 53 from appropriations, tuition, fees, user charges, sales of products and 54 services and from all other sources, including sources and activities ofA. 5008 16 1 the state university which are intended by law to be self-supporting may 2 be credited to an appropriate fund or funds to be designated by the 3 state comptroller. The amounts so paid into such fund or funds which 4 were received by or for the state university shall be used for expenses 5 of the state university in carrying out any of its objects and purposes 6 and such amounts received by or for state-operated institutions of the 7 state university shall be used for expenses of the state university 8 under regulations prescribed by the state university trustees. Notwith- 9 standing the foregoing provisions of this subdivision, all dormitory 10 facilities revenues transferred to the dormitory authority by assignment 11 or otherwise pursuant to paragraph y of subdivision two of this section 12 shall upon receipt by the state university acting as agent for the 13 dormitory authority be transferred and immediately paid without appro- 14 priation thereof to the commissioner of taxation and finance pursuant to 15 subdivision four of section four of the state finance law for deposit to 16 the dormitory facilities revenue fund. Notwithstanding the foregoing, 17 all moneys received by the state university of New York at Stony Brook 18 from tuition, fees, user charges, sales of products and services, 19 savings under energy performance contracts and from sources and activ- 20 ities of the state university of New York at Stony Brook which are 21 intended by law to be self-supporting may be credited to an appropriate 22 fund or funds held by the state university of New York at Stony Brook. 23 The amounts so paid into such fund or funds which were received by or 24 for the state university of New York at Stony Brook shall be used for 25 expenses of the state university of New York at Stony Brook in carrying 26 out any of its objects and purposes, including, the state university of 27 New York at Stony Brook's initiative. 28 § 2. Section 4 of the state finance law is amended by adding a new 29 subdivision 12 to read as follows: 30 12. Notwithstanding subdivision one of this section, moneys held by 31 the state university of New York derived from tuition, fees, user charg- 32 es, sales of products and services, savings under energy performance 33 contracts and sources and activities of the state university of New York 34 at Stony Brook that are intended to be self-supporting shall be paid 35 without an appropriation. 36 § 3. Subdivision 2 of section 121 of the state finance law, as amended 37 by chapter 293 of the laws of 1992, is amended to read as follows: 38 2. There are excepted from payment to the treasury as provided by 39 subdivision one of this section: (i) all moneys to which the provisions 40 of subdivision four of section four of this chapter apply unless such 41 moneys are held in a fund subject to appropriation; (ii) moneys held as 42 part of the principal of an endowment of the state university of New 43 York, units thereof and other state agencies; (iii) moneys received by 44 the state university of New York derived from tuition, fees, user charg- 45 es, sales of products and services, savings under energy performance 46 contracts and from sources and activities of the state university of New 47 York at Stony Brook that are intended to be self-supporting, including, 48 without limitation, any revenue resulting from tuition increases at the 49 state university of New York at Stony Brook described in subparagraph 50 four-a of paragraph h of subdivision two of section three hundred 51 fifty-five of the education law; and [(iii)] (iv) moneys received pursu- 52 ant to a clinical practice plan established pursuant to subdivision 53 fourteen of section two hundred six of the public health law. In those 54 cases where such moneys are held in the custody of the state officer 55 other than the comptroller, the officer shall file with the comptroller, 56 at such times as the comptroller shall determine, a detailed statement,A. 5008 17 1 in such form and content as the comptroller shall prescribe, for the 2 period covered by the statement. The comptroller shall from time to 3 time, but not less than once in every three years, examine the books and 4 accounts relating to such moneys heretofore or hereinafter established, 5 including its receipts, disbursements, investments, and any financial 6 matters. An independent audit of such moneys may be authorized by the 7 comptroller in lieu of his own examination, which examination shall be 8 undertaken within twelve months of such authorization. 9 § 4. This act shall take effect immediately. 10 PART E 11 Section 1. Paragraph i of subdivision 2 of section 355 of the educa- 12 tion law, as amended by chapter 552 of the laws of 1985, is amended to 13 read as follows: 14 i. To lease to alumni associations of institutions of the state 15 university a portion of the grounds occupied by any institution of the 16 state university, for the erection thereon of dormitories to be used by 17 students in attendance at such institutions. The terms of any lease and 18 the character of the building to be erected shall be determined by the 19 state university trustees. [Such lease, prior to its execution, shall be20submitted to the attorney general for his approval as to its form,21contents and legal effect.] Nothing contained in this paragraph shall 22 affect the provisions of any lease heretofore executed by a board of 23 visitors of any state-operated institution pursuant to law. The state 24 university trustees may similarly enter into an agreement with an alumni 25 association of an institution of the state university to furnish heat 26 from a central heating plant to any dormitory erected by such alumni 27 association. Any such dormitory shall not be subject to taxation for any 28 purpose. 29 § 2. This act shall take effect immediately. 30 § 4. Severability clause. If any clause, sentence, paragraph, subdivi- 31 sion, section or part of this act shall be adjudged by any court of 32 competent jurisdiction to be invalid, such judgment shall not affect, 33 impair, or invalidate the remainder thereof, but shall be confined in 34 its operation to the clause, sentence, paragraph, subdivision, section 35 or part thereof directly involved in the controversy in which such judg- 36 ment shall have been rendered. It is hereby declared to be the intent of 37 the legislature that this act would have been enacted even if such 38 invalid provisions had not been included herein. 39 § 5. Nothing in this act shall in any way alter or impair the rights 40 under article 14 of the civil service law of all members of certified 41 bargaining units currently or hereafter employed by the state university 42 of New York at Stony Brook and all certified employee organizations and 43 negotiating units of such employees shall continue in accordance with 44 the provisions of article 14 of the civil service law. 45 § 6. This act shall take effect immediately provided, however, that 46 the applicable effective date of Parts A through E of this act shall be 47 as specifically set forth in the last section of such Parts.
