Bill Text: NY A05463 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to tuition increases, leasing, contracting, and the overall daily operation at the State University of New York at Buffalo.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-03-09 - enacting clause stricken [A05463 Detail]
Download: New_York-2011-A05463-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5463
2011-2012 Regular Sessions
I N A S S E M B L Y
February 18, 2011
___________
Introduced by M. of A. SCHROEDER -- read once and referred to the
Committee on Higher Education
AN ACT to amend the education law, the public authorities law and the
general municipal law, in relation to authorizing tuition increases
for the State University of New York at Buffalo (Part A); to amend the
education law, in relation to the use of State University of New York
at Buffalo 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 Buffalo (Part
D); to amend the education law, in relation to providing that certain
lease of the State University of New York at Buffalo need not be
submitted to the attorney general for his or her approval (Part E);
and to direct the chancellor of the state university of New York and
the comptroller of the state of New York to conduct a three year study
of the "UB 2020 flexibility and economic growth act" (Part F)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "UB 2020 flexibility and economic growth act".
3 S 2. Legislative findings and intent. The State University of New
4 York at Buffalo ranks as one of the foremost research academic insti-
5 tutions in New York, and has the potential to become a regional economic
6 engine. The University's UB 2020 initiative, through which it seeks to
7 increase enrollment, expand its research capabilities and revitalize its
8 campuses, can serve as the catalyst for re-energizing the western New
9 York economy and workforce development.
10 In light of the current condition of the western New York economy and
11 the State University of New York at Buffalo's desire to enhance its
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06328-05-1
A. 5463 2
1 academic research capabilities, the University is the ideal candidate to
2 pilot a number of reforms recently proposed by the New York State
3 commission on higher education. These proposals will require the state
4 of New York to maintain its current level of financial commitment to the
5 State University of New York at Buffalo.
6 Finally, the legislature intends to monitor the University at
7 Buffalo's implementation of these reforms, their impact in western New
8 York, and their potential for broader application. This monitoring
9 shall include the efforts by and on behalf of the University at Buffalo
10 to ensure a diverse workforce on UB 2020 capital projects.
11 S 3. This act enacts into law major components of legislation which
12 are necessary for the efficient and productive operation of the State
13 University of New York at Buffalo. Each component is wholly contained
14 within a Part identified as Parts A through F. The effective date or
15 dates for each particular provision contained within such Part are set
16 forth in the last section of such Part. Any provision in any section
17 contained within a Part, including the effective date of the Part, which
18 makes reference to a section "of this act", when used in connection with
19 that particular component, shall be deemed to mean and refer to the
20 corresponding section of the Part in which it is found.
21 PART A
22 Section 1. Subparagraph 4 of paragraph h of subdivision 2 of section
23 355 of the education law, as amended by chapter 309 of the laws of 1996,
24 is amended to read as follows:
25 (4) [The] EXCEPT AS HEREINAFTER PROVIDED WITH RESPECT TO STUDENTS AT
26 THE STATE UNIVERSITY OF NEW YORK AT BUFFALO, THE trustees shall not
27 impose a differential tuition charge based upon need or income. [All]
28 EXCEPT AS HEREINAFTER PROVIDED WITH RESPECT TO STUDENTS AT THE STATE
29 UNIVERSITY OF NEW YORK AT BUFFALO, ALL students enrolled in programs
30 leading to like degrees at state-operated institutions of the state
31 university shall be charged a uniform rate of tuition except for differ-
32 ential tuition rates based on state residency. EXCEPT AS HEREINAFTER
33 PROVIDED WITH RESPECT TO STUDENTS AT THE STATE UNIVERSITY OF NEW YORK AT
34 BUFFALO, THE TRUSTEES SHALL NOT ADOPT CHANGES AFFECTING TUITION CHARGES
35 PRIOR TO THE ENACTMENT OF THE ANNUAL BUDGET. Provided, however, that the
36 trustees may authorize the presidents of the colleges of technology and
37 the colleges of agriculture and technology to set differing rates of
38 tuition for each of the colleges for students enrolled in degree-grant-
39 ing programs leading to an associate degree and non-degree granting
40 programs so long as such tuition rate does not exceed the tuition rate
41 charged to students who are enrolled in like degree programs or degree-
42 granting undergraduate programs leading to a baccalaureate degree at
43 other state-operated institutions of the state university of New York[.
44 The trustees shall not adopt changes affecting tuition charges prior to
45 the enactment of the annual budget.] AND PROVIDED FURTHER, THAT,
46 A. COMMENCING WITH THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN
47 ACADEMIC YEAR, THE PRESIDENT OF THE STATE UNIVERSITY OF NEW YORK AT
48 BUFFALO, IN CONSULTATION WITH THE UNIVERSITY AT BUFFALO COUNCIL, IS
49 AUTHORIZED TO SET DIFFERING RATES OF TUITION BY PROGRAM AND, WITHIN EACH
50 PROGRAM, BY CLASS YEAR, FOR STUDENTS ENROLLED IN DEGREE GRANTING
51 PROGRAMS AT THE STATE UNIVERSITY OF NEW YORK AT BUFFALO WITHOUT THE
52 PRIOR APPROVAL OF THE TRUSTEES IN ACCORDANCE WITH THE FOLLOWING:
53 (I) TUITION FOR STUDENTS ENROLLED IN ANY PARTICULAR UNDERGRADUATE AND
54 GRADUATE DEGREE GRANTING PROGRAM, INCLUDING IN-STATE, OUT-OF-STATE,
A. 5463 3
1 FULL-TIME AND PART-TIME STUDENTS, MAY BE INCREASED EACH YEAR TO THE
2 PUBLIC INSTITUTION MEAN TUITION AS MOST RECENTLY REPORTED BY THE AMERI-
3 CAN ASSOCIATION OF UNIVERSITIES FOR EACH SUCH PROGRAM, PROVIDED, HOWEV-
4 ER, THAT EACH SUCH ANNUAL INCREASE MAY NOT EXCEED 1.5 TIMES THE PERCENT-
5 AGE INCREASE IN THE MOST RECENTLY PUBLISHED HIGHER EDUCATION PRICE INDEX
6 (HEPI) AS PROMULGATED BY THE COMMONFUND INSTITUTE.
7 (II) TUITION FOR STUDENTS ENROLLED IN PROFESSIONAL PROGRAMS INCLUDING,
8 BUT NOT LIMITED TO, DOCTOR OF MEDICINE, DOCTOR OF DENTISTRY, DOCTOR OF
9 NURSING PRACTICE, DOCTOR OF PHYSICAL THERAPY, JURIS DOCTOR, DOCTOR OF
10 PHARMACY AND MASTERS IN BUSINESS ADMINISTRATION, MAY BE INCREASED EACH
11 YEAR TO THE PUBLIC INSTITUTION MEAN TUITION AS MOST RECENTLY REPORTED BY
12 THE AMERICAN ASSOCIATION OF UNIVERSITIES FOR EACH SUCH PROGRAM,
13 PROVIDED, HOWEVER, THAT EACH SUCH ANNUAL INCREASE MAY NOT EXCEED FIFTEEN
14 PERCENT.
15 B. PROPOSED TUITION INCREASES FOR STUDENTS AT THE STATE UNIVERSITY OF
16 NEW YORK AT BUFFALO THAT EXCEED THE INCREASES DESCRIBED IN CLAUSE A OF
17 THIS SUBPARAGRAPH MUST BE APPROVED BY THE TRUSTEES PRIOR TO BEING IMPLE-
18 MENTED.
19 C. THE STATE OF NEW YORK AND THE STATE UNIVERSITY OF NEW YORK SHALL
20 DISREGARD ANY TUITION INCREASES FOR STUDENTS AT THE STATE UNIVERSITY OF
21 NEW YORK AT BUFFALO PURSUANT TO CLAUSE A OF THIS SUBPARAGRAPH IN DETER-
22 MINING ANY ANNUAL CORE INSTRUCTIONAL SUPPORT OR OTHER ANNUAL APPROPRI-
23 ATIONS TO BE PROVIDED TO EITHER THE STATE UNIVERSITY OF NEW YORK OR THE
24 STATE UNIVERSITY OF NEW YORK AT BUFFALO. IN AMPLIFICATION AND NOT IN
25 LIMITATION OF THE FOREGOING, NEITHER THE STATE OF NEW YORK NOR THE STATE
26 UNIVERSITY OF NEW YORK SHALL PROVIDE ANY INCREASES TO ANNUAL CORE
27 STATE-TAX FUNDED INSTRUCTIONAL SUPPORT, EMPLOYEE SALARY OR FRINGE BENE-
28 FIT PAYMENTS OR OTHER ANNUAL APPROPRIATIONS OF ANY KIND OR NATURE TO OR
29 ON BEHALF OF ANY OTHER SUNY UNIVERSITY CENTER (I.E., STATE UNIVERSITY OF
30 NEW YORK AT STONY BROOK, STATE UNIVERSITY OF NEW YORK AT ALBANY OR STATE
31 UNIVERSITY OF NEW YORK AT BINGHAMTON) OR ANY SUNY FOUR YEAR COLLEGE AT A
32 LEVEL, THAT IS, IN ANY WAY, INCONSISTENT WITH OR INFERIOR TO THE FUNDING
33 METHODS EMPLOYED FOR INCREASES IN ANNUAL CORE STATE-TAX FUNDED INSTRUC-
34 TIONAL SUPPORT, EMPLOYEE SALARY OR FRINGE BENEFIT PAYMENTS OR OTHER
35 APPROPRIATIONS OF ANY KIND OR NATURE MADE TO OR ON BEHALF OF THE STATE
36 UNIVERSITY OF NEW YORK AT BUFFALO. FURTHERMORE, UNTIL SUCH TIME AS THE
37 PROGRAM OBJECTIVES OF THE STATE UNIVERSITY OF NEW YORK AT BUFFALO'S UB
38 2020 INITIATIVE ARE ACHIEVED, NEITHER THE STATE OF NEW YORK NOR THE
39 STATE UNIVERSITY OF NEW YORK WILL REDUCE ANNUAL CORE STATE-TAX FUNDED
40 INSTRUCTIONAL SUPPORT, EMPLOYEE SALARY OR FRINGE BENEFIT PAYMENTS OR
41 OTHER APPROPRIATIONS OF ANY KIND OR NATURE MADE TO OR ON BEHALF OF THE
42 STATE UNIVERSITY OF NEW YORK AT BUFFALO SO AS TO CAUSE THE PROPORTIONATE
43 LEVEL OF SUPPORT, PAYMENTS AND APPROPRIATIONS FOR ANY OTHER SUNY UNIVER-
44 SITY CENTER (I.E., STATE UNIVERSITY OF NEW YORK AT STONY BROOK, STATE
45 UNIVERSITY OF NEW YORK AT ALBANY OR STATE UNIVERSITY OF NEW YORK AT
46 BINGHAMTON) OR ANY SUNY FOUR YEAR COLLEGE TO BE GREATER THAN THE LEVEL
47 OF SUCH SUPPORT, PAYMENTS AND APPROPRIATIONS AFFORDED THE STATE UNIVER-
48 SITY OF NEW YORK AT BUFFALO IN COMPARISON TO SUCH OTHER INSTITUTIONS FOR
49 THE TWO THOUSAND TEN--TWO THOUSAND ELEVEN STATE FISCAL YEAR.
50 D. NOTWITHSTANDING ITEM (C) OF SUBCLAUSE ONE OF CLAUSE (A) OF SUBPARA-
51 GRAPH (I) OF PARAGRAPH A OF SUBDIVISION THREE OF SECTION SIX HUNDRED
52 SIXTY-SEVEN OF THIS TITLE, COMMENCING WITH THE TWO THOUSAND TWELVE--TWO
53 THOUSAND THIRTEEN ACADEMIC YEAR, THE STATE OF NEW YORK SHALL CALCULATE
54 TUITION ASSISTANCE PROGRAM (TAP) PAYMENTS FOR STUDENTS AT THE STATE
55 UNIVERSITY OF NEW YORK AT BUFFALO USING THE APPLICABLE TUITION RATES FOR
A. 5463 4
1 STUDENTS AT THE STATE UNIVERSITY OF NEW YORK AT BUFFALO AS THE BASE TAP
2 AMOUNT FOR SUCH STUDENTS.
3 E. A PORTION OF THE NET TUITION REVENUE GENERATED BY THE TUITION
4 INCREASES DESCRIBED IN CLAUSE A OF THIS SUBPARAGRAPH, TO BE NOT LESS
5 THAN TEN PERCENT NOR MORE THAN TWENTY PERCENT OF SUCH NET TUITION REVEN-
6 UE, SHALL BE DIRECTED TO FINANCIAL AID PROGRAMS TO ASSIST
7 FINANCIALLY-DISADVANTAGED STUDENTS IN THE CORRESPONDING STATE UNIVERSITY
8 OF NEW YORK AT BUFFALO DEGREE GRANTING PROGRAM.
9 F. THE PRESIDENT OF THE STATE UNIVERSITY OF NEW YORK AT BUFFALO SHALL
10 PROVIDE, NO LATER THAN SEPTEMBER FIFTEENTH, PUBLIC NOTICE OF ANY TUITION
11 INCREASES FOR THE FOLLOWING ACADEMIC YEAR. SUCH NOTICE SHALL DESCRIBE
12 THE TUITION FOR EACH DEGREE PROGRAM, THE PLANS FOR UTILIZATION OF THE
13 REVENUE FROM THE INCREASED TUITION BY THE STATE UNIVERSITY OF NEW YORK
14 AT BUFFALO AND THE PROJECTED IMPACT OF THE TUITION INCREASES ON THE
15 ACCESS TO AND QUALITY OF THE AFFECTED DEGREE GRANTING PROGRAMS.
16 G. ALL MONEYS RECEIVED BY THE STATE UNIVERSITY OF NEW YORK AT BUFFALO
17 FOR TUITION INCREASES DESCRIBED IN CLAUSE A OF THIS SUBPARAGRAPH SHALL
18 NOT CONSTITUTE FUNDS OF THE STATE OF NEW YORK OR OF THE STATE UNIVERSITY
19 OF NEW YORK AND SHALL BE PAID INTO A FUND MAINTAINED BY THE COMPTROLLER
20 OF THE STATE UNIVERSITY OF NEW YORK AT BUFFALO TO BE USED BY THE STATE
21 UNIVERSITY OF NEW YORK AT BUFFALO FOR EXPENSES OF THE STATE UNIVERSITY
22 OF NEW YORK AT BUFFALO, WITHOUT THE NEED FOR ANY FURTHER APPROVAL,
23 APPROPRIATION OR AUTHORIZATION FROM THE STATE OF NEW YORK OR THE STATE
24 UNIVERSITY OF NEW YORK.
25 S 2. Paragraph (b) of subdivision 2 of section 1676 of the public
26 authorities law is amended by adding two new undesignated paragraphs to
27 read as follows:
28 THE STATE UNIVERSITY OF NEW YORK AT BUFFALO, IN CONNECTION WITH THE
29 FINANCING, REFINANCING, ACQUISITION, DESIGN, DEVELOPMENT, CONSTRUCTION,
30 RECONSTRUCTION, RENOVATION, REHABILITATION, IMPROVEMENT, EXPANSION,
31 FURNISHING AND EQUIPPING OF, OR OTHERWISE PROVIDING FOR ACADEMIC BUILD-
32 INGS, DORMITORIES, AND OTHER FACILITIES ON LANDS HELD BY THE STATE OF
33 NEW YORK FOR THE BENEFIT OF THE STATE UNIVERSITY OF NEW YORK AT BUFFALO
34 OR LANDS LEASED BY THE STATE OF NEW YORK OR THE STATE UNIVERSITY OF NEW
35 YORK AT BUFFALO FOR USE BY STUDENTS, FACULTY AND STAFF OF THE STATE
36 UNIVERSITY OF NEW YORK AT BUFFALO.
37 ANY STATE UNIVERSITY OF NEW YORK AT BUFFALO CAMPUS-RELATED FOUNDATION,
38 ALUMNI ASSOCIATION OR AFFILIATE THEREOF, ANY NOT-FOR-PROFIT CORPORATION
39 OR ASSOCIATION ORGANIZED BY THE PRESIDENT OR THE ALUMNI OF THE STATE
40 UNIVERSITY OF NEW YORK AT BUFFALO TO FURTHER ITS PURPOSES, OR ANY LIMIT-
41 ED LIABILITY COMPANY WHOSE SOLE MEMBER IS ANY ONE OF THE FOREGOING ENTI-
42 TIES, IN CONNECTION WITH THE FINANCING, REFINANCING, ACQUISITION,
43 DESIGN, DEVELOPMENT, CONSTRUCTION, RECONSTRUCTION, RENOVATION, REHABILI-
44 TATION, IMPROVEMENT, EXPANSION, FURNISHING AND EQUIPPING OF, OR OTHER-
45 WISE PROVIDING FOR, ACADEMIC BUILDINGS, DORMITORIES, AND OTHER FACILI-
46 TIES FOR THE USE OF STUDENTS, FACULTY AND STAFF OF THE STATE UNIVERSITY
47 OF NEW YORK AT BUFFALO.
48 S 3. Subdivision 1 of section 1680 of the public authorities law is
49 amended by adding two new undesignated paragraphs to read as follows:
50 THE STATE UNIVERSITY OF NEW YORK AT BUFFALO, IN CONNECTION WITH THE
51 FINANCING, REFINANCING, ACQUISITION, DESIGN, DEVELOPMENT, CONSTRUCTION,
52 RECONSTRUCTION, RENOVATION, REHABILITATION, IMPROVEMENT, EXPANSION,
53 FURNISHING AND EQUIPPING OF, OR OTHERWISE PROVIDING FOR, ACADEMIC BUILD-
54 INGS, DORMITORIES, AND OTHER FACILITIES ON LANDS HELD BY THE STATE OF
55 NEW YORK FOR THE BENEFIT OF THE STATE UNIVERSITY OF NEW YORK AT BUFFALO
56 OR LANDS LEASED BY THE STATE OF NEW YORK OR THE STATE UNIVERSITY OF NEW
A. 5463 5
1 YORK AT BUFFALO FOR USE BY STUDENTS, FACULTY AND STAFF OF THE STATE
2 UNIVERSITY OF NEW YORK AT BUFFALO.
3 ANY STATE UNIVERSITY OF NEW YORK AT BUFFALO CAMPUS-RELATED FOUNDATION,
4 ALUMNI ASSOCIATION OR AFFILIATE THEREOF, ANY NOT-FOR-PROFIT CORPORATION
5 OR ASSOCIATION ORGANIZED BY THE PRESIDENT OF THE STATE UNIVERSITY OF NEW
6 YORK AT BUFFALO TO FURTHER ITS PURPOSES, OR ANY LIMITED LIABILITY COMPA-
7 NY WHOSE SOLE MEMBER IS ANY ONE OF THE FOREGOING ENTITIES, IN CONNECTION
8 WITH THE FINANCING, REFINANCING, ACQUISITION, DESIGN, DEVELOPMENT,
9 CONSTRUCTION, RECONSTRUCTION, RENOVATION, REHABILITATION, IMPROVEMENT,
10 EXPANSION, FURNISHING AND EQUIPPING OF, OR OTHERWISE PROVIDING FOR,
11 ACADEMIC BUILDINGS, DORMITORIES, AND OTHER FACILITIES FOR THE USE OF
12 STUDENTS, FACULTY AND STAFF OF THE STATE UNIVERSITY OF NEW YORK AT
13 BUFFALO.
14 S 4. Any contracts awarded or entered into by the dormitory authority
15 pursuant to this act shall be deemed state contracts within the meaning
16 of that term as set forth in article 15-A of the executive law; and the
17 authority shall be deemed, for the purposes of this act, a contracting
18 agency as that term is used in article 15-A of the executive law.
19 S 5. Any contracts awarded or entered into by any State University of
20 New York at Buffalo campus related foundation, alumni association or
21 affiliate thereof, any not-for-profit corporation or association organ-
22 ized by the president of the State University of New York at Buffalo to
23 further its purposes, or any limited liability company whose sole member
24 is any of the foregoing entities, or by the State University of New
25 York, the State University Construction Fund, or the Dormitory Authority
26 of the State of New York, on behalf of the State University of New York
27 at Buffalo, for construction, reconstruction, renovation, rehabili-
28 tation, improvement or expansion at the State University of New York at
29 Buffalo shall not be subject to section 101 of the general municipal
30 law, section 103 of the general municipal law, section 135 of the state
31 finance law or subdivision 8 of section 376 of the education law,
32 provided the wages paid to workers employed under such contracts shall
33 comply with the requirements of section 220 of the labor law, the
34 construction, reconstruction, renovation, rehabilitation, improvement or
35 expansion to be effected under such contracts shall comply with sections
36 240 and 241 of the labor law and all contracts awarded or entered into
37 by any State University of New York at Buffalo campus related founda-
38 tion, alumni association or affiliate thereof; any not-for-profit corpo-
39 ration or association organized by the president of the State University
40 of New York at Buffalo to further its purposes, or any limited liability
41 company whose sole member is any of the foregoing entities, or the State
42 University of New York, the State University Construction Fund, the
43 Dormitory Authority of the State of New York, on behalf of the State
44 University of New York at Buffalo, for construction, reconstruction,
45 renovation, rehabilitation, improvement or expansion at the State
46 University of New York at Buffalo may be let pursuant to a competitive
47 selection process to be determined by the contracting entity, which may
48 consider factors other than cost alone, including, but not limited to an
49 evaluation by the contracting entity of, among other things, the
50 bidder's ability to provide maximum value at the lowest cost, the level
51 of experience of the bidder, and the bidder's ability to meet the minor-
52 ity and women workforce and business enterprise goals for the State
53 University of New York at Buffalo's UB 2020 initiative.
54 S 6. Any contracts awarded or entered into by any State University of
55 New York at Buffalo campus related foundation, alumni association or
56 affiliate thereof, any not-for-profit corporation or association organ-
A. 5463 6
1 ized by the president of the State University of New York at Buffalo to
2 further its purposes, or any limited liability company whose sole member
3 is any of the foregoing entities, or by the State University of New
4 York, the State University Construction Fund, or the Dormitory Authority
5 of the State of New York, on behalf of the State University of New York
6 at Buffalo, for construction, reconstruction, renovation, rehabili-
7 tation, improvement or expansion at the State University of New York at
8 Buffalo, for any single construction project exceeding $20 million in
9 the aggregate, for which more than twenty-five percent of such aggregate
10 amount is to be paid from appropriations furnished by either the State
11 of New York or the State University of New York, such construction,
12 reconstruction, renovation, rehabilitation, improvement or expansion at
13 the State University of New York at Buffalo shall be undertaken pursuant
14 to a project labor agreement, as defined in subdivision 1 of section 222
15 of the labor law, provided a study done by or for the contracting entity
16 determines that a project labor agreement will benefit such
17 construction, reconstruction, renovation, rehabilitation, improvement or
18 expansion through reduced risk of delay, potential cost savings or
19 potential reduction in the risk of labor unrest in light of any perti-
20 nent local history thereof. For purposes of applying the dollar thresh-
21 olds set forth in the preceding sentence, the term "single construction
22 project" shall mean any functionally-interdependent construction, recon-
23 struction, renovation, rehabilitation, improvement or expansion activity
24 associated with a single building, structure or improvement, including
25 all directly related infrastructure and site work in contemplation ther-
26 eof.
27 S 7. Before any contract is awarded or entered into by any State
28 University of New York at Buffalo campus related foundation, alumni
29 association or affiliate thereof, any not-for-profit corporation or
30 association organized by the president of the State University of New
31 York at Buffalo to further its purposes, or any limited liability compa-
32 ny whose sole member is any of the foregoing entities, or by the State
33 University of New York, the State University Construction Fund, or the
34 Dormitory Authority of the State of New York, on behalf of the State
35 University of New York at Buffalo, for construction, reconstruction,
36 renovation, rehabilitation, improvement or expansion at the State
37 University of New York at Buffalo, the State University of New York at
38 Buffalo shall create or cause to be created a diversity plan for UB 2020
39 capital projects and shall take or cause to be taken steps to ensure
40 that such diversity plan is successfully implemented on a program-wide
41 basis. The UB 2020 diversity plan shall include, at a minimum, targets
42 for workforce diversity, targets for retention of minority and women
43 owned businesses, retention of an independent monitor by or on behalf of
44 the State University of New York at Buffalo for all UB 2020 capital
45 projects and regular review of periodic reports from such independent
46 monthly monitor as to the attainment of the work force and business
47 diversity goals of the UB 2020 diversity plan.
48 S 8. Section 891-a of the general municipal law is amended by adding a
49 new subdivision 3 to read as follows:
50 3. IN ADDITION TO THE POWERS AND DUTIES NOW OR HEREAFTER CONFERRED BY
51 TITLE ONE OF ARTICLE EIGHTEEN-A OF THIS CHAPTER, NOTWITHSTANDING ANY
52 OTHER STATE OR LOCAL LAW TO THE CONTRARY, THE AGENCY SHALL HAVE THE
53 POWER TO PROVIDE FINANCIAL ASSISTANCE, INCLUDING, BUT NOT LIMITED TO,
54 THE ISSUANCE OF BONDS AND NOTES BY THE AGENCY, IN CONJUNCTION WITH THE
55 FINANCING, REFINANCING, ACQUISITION, DESIGN, DEVELOPMENT, CONSTRUCTION,
56 RECONSTRUCTION, RENOVATION, REHABILITATION, IMPROVEMENT, EXPANSION,
A. 5463 7
1 FURNISHING AND EQUIPPING OF, OR OTHERWISE PROVIDING FOR, ACADEMIC BUILD-
2 INGS, DORMITORIES AND OTHER FACILITIES FOR USE BY STUDENTS, FACULTY AND
3 STAFF OF THE STATE UNIVERSITY OF NEW YORK AT BUFFALO BY OR ON BEHALF OF
4 ANY STATE UNIVERSITY OF NEW YORK AT BUFFALO CAMPUS RELATED FOUNDATION,
5 ALUMNI ASSOCIATION OR AFFILIATE THEREOF, ANY NOT-FOR-PROFIT CORPORATION
6 OR ASSOCIATION ORGANIZED BY THE PRESIDENT OF THE STATE UNIVERSITY OF NEW
7 YORK AT BUFFALO TO FURTHER ITS PURPOSES, OR ANY LIMITED LIABILITY COMPA-
8 NY WHOSE SOLE MEMBER IS ANY OF THE FOREGOING ENTITIES.
9 S 9. The opening paragraph of section 914-a of the general municipal
10 law, as added by chapter 579 of the laws of 1973, is designated subdivi-
11 sion 1 and a new subdivision 2 is added to read as follows:
12 2. IN ADDITION TO THE POWERS AND DUTIES NOW OR HEREAFTER CONFERRED BY
13 TITLE ONE OF ARTICLE EIGHTEEN-A OF THIS CHAPTER, NOTWITHSTANDING ANY
14 OTHER STATE OR LOCAL LAW TO THE CONTRARY, THE AGENCY SHALL HAVE THE
15 POWER TO PROVIDE FINANCIAL ASSISTANCE, INCLUDING, BUT NOT LIMITED TO,
16 THE ISSUANCE OF BONDS AND NOTES BY THE AGENCY, IN CONJUNCTION WITH THE
17 FINANCING, REFINANCING, ACQUISITION, DESIGN, DEVELOPMENT, CONSTRUCTION,
18 RECONSTRUCTION, RENOVATION, REHABILITATION, IMPROVEMENT, EXPANSION,
19 FURNISHING AND EQUIPPING OF, OR OTHERWISE PROVIDING FOR, ACADEMIC BUILD-
20 INGS, DORMITORIES AND OTHER FACILITIES FOR USE BY STUDENTS, FACULTY AND
21 STAFF OF THE STATE UNIVERSITY OF NEW YORK AT BUFFALO BY OR ON BEHALF OF
22 ANY STATE UNIVERSITY OF NEW YORK AT BUFFALO CAMPUS RELATED FOUNDATION,
23 ALUMNI ASSOCIATION OR AFFILIATE THEREOF, ANY NOT-FOR-PROFIT CORPORATION
24 OR ASSOCIATION ORGANIZED BY THE PRESIDENT OF THE STATE UNIVERSITY OF NEW
25 YORK AT BUFFALO TO FURTHER ITS PURPOSES, OR ANY LIMITED LIABILITY COMPA-
26 NY WHOSE SOLE MEMBER IS ANY OF THE FOREGOING ENTITIES.
27 S 10. Subdivision 12 of section 373 of the education law, as added by
28 chapter 251 of the laws of 1962, is amended to read as follows:
29 12. To [make] PROCURE and execute contracts, lease agreements, and all
30 other instruments necessary or convenient for the exercise of its corpo-
31 rate powers and the fulfillment of its corporate purposes under this
32 article. NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, ALL SUCH FUND
33 PROCUREMENTS ON BEHALF OF THE STATE UNIVERSITY OF NEW YORK AT BUFFALO
34 SHALL BE SUBJECT ONLY TO PROCUREMENT GUIDELINES THAT ARE ANNUALLY
35 ADOPTED BY THE FUND TRUSTEES, WHICH SHALL SUBSTANTIALLY CONFORM TO THE
36 PROVISIONS OF TITLE FOUR OF ARTICLE NINE OF THE PUBLIC AUTHORITIES LAW;
37 S 11. Section 373 of the education law is amended by adding a new
38 subdivision 20 to read as follows:
39 20. TO DESIGN, CONSTRUCT, ACQUIRE, RECONSTRUCT, REHABILITATE AND
40 IMPROVE ACADEMIC BUILDINGS, DORMITORIES AND OTHER FACILITIES FOR USE BY
41 STUDENTS, FACULTY AND STAFF OF THE STATE UNIVERSITY OF NEW YORK AT
42 BUFFALO USING ANY PROJECT DELIVERY METHOD, INCLUDING BUT NOT LIMITED TO,
43 DESIGN/BID/BUILD, DESIGN/BUILD OR CONSTRUCTION MANAGER AT RISK, THAT
44 WILL ASSIST THE FUND IN FULFILLING ITS PURPOSES UNDER SECTION THREE
45 HUNDRED SEVENTY-TWO OF THIS ARTICLE.
46 S 12. Subdivisions 9 and 10 of section 376 of the education law are
47 renumbered subdivisions 10 and 11 and a new subdivision 9 is added to
48 read as follows:
49 9. ALL CONTRACTS WHICH ARE TO BE AWARDED PURSUANT TO THIS SUBDIVISION
50 ON BEHALF OF THE STATE UNIVERSITY OF NEW YORK AT BUFFALO SHALL BE
51 AWARDED PURSUANT TO PROCUREMENT GUIDELINES ADOPTED BY THE FUND TRUSTEES
52 IN ACCORDANCE WITH SECTION FIVE OF PART A OF THE CHAPTER OF THE LAWS OF
53 TWO THOUSAND ELEVEN THAT ADDED THIS SUBDIVISION OR BY PUBLIC LETTING IN
54 ACCORDANCE WITH THE FOLLOWING PROVISIONS, NOTWITHSTANDING ANY CONTRARY
55 PROVISION OF SECTION ONE HUNDRED TWELVE, ONE HUNDRED THIRTY-FIVE, ONE
56 HUNDRED THIRTY-SIX, ONE HUNDRED THIRTY-NINE OR ONE HUNDRED FORTY OF THE
A. 5463 8
1 STATE FINANCE LAW OR ANY OTHER LAW, PROVIDED, HOWEVER, THAT WHERE THE
2 ESTIMATED EXPENSE OF ANY CONTRACT WHICH MAY BE AWARDED PURSUANT TO THIS
3 SUBDIVISION IS LESS THAN TWO HUNDRED FIFTY THOUSAND DOLLARS, A PERFORM-
4 ANCE BOND AND A BOND FOR THE PAYMENT OF LABOR AND MATERIAL MAY, IN THE
5 DISCRETION OF THE FUND, NOT BE REQUIRED, AND EXCEPT THAT IN THE
6 DISCRETION OF THE FUND, A CONTRACT MAY BE ENTERED INTO FOR SUCH PURPOSES
7 WITHOUT PUBLIC LETTING WHERE THE ESTIMATED EXPENSE THEREOF IS LESS THAN
8 TWENTY THOUSAND DOLLARS, OR WHERE IN THE JUDGMENT OF THE FUND AN EMER-
9 GENCY CONDITION EXISTS AS A RESULT OF DAMAGE TO AN EXISTING ACADEMIC
10 BUILDING, DORMITORY OR OTHER FACILITY WHICH HAS BEEN CAUSED BY AN ACT OF
11 GOD, FIRE OR OTHER CASUALTY, OR ANY OTHER UNANTICIPATED, SUDDEN AND
12 UNEXPECTED OCCURRENCE, THAT HAS RESULTED IN DAMAGE TO OR A MALFUNCTION
13 IN AN EXISTING ACADEMIC BUILDING, DORMITORY OR OTHER FACILITY AND
14 INVOLVES A PRESSING NECESSITY FOR IMMEDIATE REPAIR, RECONSTRUCTION OR
15 MAINTENANCE IN ORDER TO PERMIT THE SAFE CONTINUATION OF THE USE OR FUNC-
16 TION OF SUCH FACILITY, OR TO PROTECT THE FACILITY OR THE LIFE, HEALTH OR
17 SAFETY OF ANY PERSON, AND THE NATURE OF THE WORK IS SUCH THAT IN THE
18 JUDGMENT OF THE FUND IT WOULD BE IMPRACTICAL AND AGAINST THE PUBLIC
19 INTEREST TO HAVE THE PUBLIC LETTING; PROVIDED, HOWEVER, THAT THE FUND,
20 PRIOR TO AWARDING A CONTRACT HEREUNDER BECAUSE OF AN EMERGENCY CONDITION
21 NOTIFY THE COMPTROLLER OF ITS INTENT TO AWARD SUCH A CONTRACT:
22 A. THE LETTING AGENCY SHALL ADVERTISE THE INVITATION TO BID OR THE
23 REQUEST FOR PROPOSALS IN A NEWSPAPER PUBLISHED IN THE CITY OF BUFFALO
24 AND IN SUCH OTHER NEWSPAPERS AS WILL BE MOST LIKELY IN ITS OPINION TO
25 GIVE ADEQUATE NOTICE TO CONTRACTORS OF THE WORK REQUIRED PROVIDED,
26 HOWEVER, THAT WHERE THE ESTIMATED EXPENSE OF ANY CONTRACT WHICH MAY BE
27 AWARDED PURSUANT TO THIS SUBDIVISION IS LESS THAN TWO HUNDRED FIFTY
28 THOUSAND DOLLARS, THE LETTING AGENCY MAY ADVERTISE THE INVITATION TO BID
29 SOLELY THROUGH THE PROCUREMENT OPPORTUNITIES NEWSLETTER PUBLISHED PURSU-
30 ANT TO SECTION ONE HUNDRED FORTY-TWO OF THE ECONOMIC DEVELOPMENT LAW.
31 THE INVITATION TO BID OR REQUEST FOR PROPOSALS SHALL CONTAIN SUCH INFOR-
32 MATION AS THE LETTING AGENCY SHALL DEEM APPROPRIATE.
33 B. THE LETTING AGENCY SHALL NOT AWARD ANY CONTRACT AFTER PUBLIC
34 BIDDING EXCEPT TO THE LOWEST BIDDER WHO IN ITS OPINION IS QUALIFIED TO
35 PERFORM THE WORK REQUIRED AND IS RESPONSIBLE AND RELIABLE. THE LETTING
36 AGENCY MAY, HOWEVER, REJECT ANY OR ALL BIDS, AGAIN ADVERTISE FOR BIDS,
37 OR WAIVE ANY INFORMALITY IN A BID IF IT BELIEVES THAT THE PUBLIC INTER-
38 EST WILL BE PROMOTED THEREBY.
39 C. THE INVITATION TO BID, REQUEST FOR PROPOSALS AND THE CONTRACT
40 AWARDED SHALL CONTAIN SUCH OTHER TERMS AND CONDITIONS, AND SUCH
41 PROVISIONS FOR PENALTIES, AS THE LETTING AGENCY MAY DEEM DESIRABLE.
42 D. ANY CONTRACT AWARDED PURSUANT TO THIS SUBDIVISION SHALL CONTAIN A
43 CLAUSE THAT THE CONTRACT SHALL BE DEEMED EXECUTORY TO THE EXTENT OF THE
44 MONEYS AVAILABLE AND THAT NO LIABILITY SHALL BE INCURRED BY THE FUND
45 BEYOND THE MONEYS AVAILABLE THEREFOR.
46 E. THE LETTING AGENCY SHALL REQUIRE SUCH DEPOSITS, BONDS AND SECURITY
47 IN CONNECTION WITH THE SUBMISSION OF BIDS OR REQUEST FOR PROPOSALS, THE
48 AWARD OF CONTRACTS AND THE PERFORMANCE OF WORK AS IT SHALL DETERMINE TO
49 BE IN THE PUBLIC INTEREST AND FOR THE PROTECTION OF THE STATE, THE STATE
50 UNIVERSITY, THE FUND AND THE LETTING AGENCY.
51 F. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW TO THE CONTRARY,
52 ALL CONTRACTS FOR PUBLIC WORK AWARDED BY THE STATE UNIVERSITY
53 CONSTRUCTION FUND PURSUANT TO THIS SUBDIVISION SHALL BE IN ACCORDANCE
54 WITH SECTION ONE HUNDRED THIRTY-NINE-F OF THE STATE FINANCE LAW.
55 S 13. The president of the State University of New York at Buffalo
56 shall report every January first to the governor, and the temporary
A. 5463 9
1 president of the senate and the speaker of the assembly on the effec-
2 tiveness of the reforms enacted in this legislation. Specifically, the
3 report shall address, the University at Buffalo's progress in competing
4 with the top academic research institutions; the impact of the Universi-
5 ty at Buffalo's efforts to increase the well being of western New York's
6 economy including efforts to rebuild the downtown city of Buffalo,
7 progress in increasing with local vendors, especially women and minority
8 owned businesses; whether the minority and women workforce and business
9 enterprise goals set forth in the UB 2020 diversity plan were attained
10 during the preceding year and the impact of tuition increases and
11 efforts to ensure affordable access for economically deprived students.
12 S 14. This act shall take effect immediately.
13 PART B
14 Section 1. Paragraph a of subdivision 2 of section 355 of the educa-
15 tion law, as amended by chapter 552 of the laws of 1985, is amended to
16 read as follows:
17 a. To take, hold and administer on behalf of the state university or
18 any institution therein, real and personal property or any interest
19 therein and the income thereof either absolutely or in trust for any
20 educational or other purpose within the jurisdiction and corporate
21 purposes of the state university, AND, WITH RESPECT TO ANY PROPERTY
22 UTILIZED BY OR COMPRISING ANY PART OF THE CAMPUSES OF THE STATE UNIVER-
23 SITY OF NEW YORK AT BUFFALO, TO DISPOSE OF SUCH PROPERTY IN SUCH MANNER
24 AND UPON SUCH TERMS AS THE TRUSTEES SHALL DETERMINE. THE TRUSTEES SHALL
25 ALLOW AND REGULATE THE USE OF SUCH PROPERTY FOR OTHER THAN THE CORPORATE
26 PURPOSES OF THE STATE UNIVERSITY OF NEW YORK AT BUFFALO, BY PERMIT,
27 LEASE, LICENSE OR OTHER AGREEMENT, FOR PERIODS NOT TO EXCEED TEN YEARS,
28 AND PRESCRIBE THE FEES, IF ANY, THAT PERSONS, ASSOCIATIONS AND CORPO-
29 RATIONS ALLOWED THE USE OF SUCH PROPERTY SHALL PAY. The trustees may
30 acquire property for such purposes by purchase, appropriation or lease
31 and by the acceptance of gifts, grants, bequests and devises, and, with-
32 in appropriations made therefor, may equip and furnish buildings and
33 otherwise improve property owned, used or occupied by the state univer-
34 sity or any institution therein. THE TRUSTEES MAY ACQUIRE PROPERTY FOR
35 OR ON BEHALF OF THE STATE UNIVERSITY OF NEW YORK AT BUFFALO BY THE
36 ACCEPTANCE OF CONDITIONAL GIFTS, GRANTS, DEVISES OR BEQUESTS, THE
37 PROVISIONS OF SECTION ELEVEN OF THE STATE FINANCE LAW NOTWITHSTANDING.
38 Where real property is to be acquired by purchase or appropriation, such
39 acquisition shall be in accordance with the provisions of section three
40 hundred seven of this chapter except that the powers and duties in said
41 section mentioned to be performed by the commissioner [of education]
42 shall be performed by the state university trustees. THE PROVISIONS OF
43 SECTIONS THREE, THIRTY-A, AND THIRTY-THREE OF THE PUBLIC LANDS LAW
44 NOTWITHSTANDING, THE TRUSTEES MAY PROVIDE FOR THE SALE, LEASE, TRANSFER
45 OR CONVEYANCE OF STATE-OWNED REAL PROPERTY UNDER THE JURISDICTION OF THE
46 STATE UNIVERSITY COMPRISING ANY PART OF THE CAMPUSES OF THE STATE
47 UNIVERSITY OF NEW YORK AT BUFFALO IN SUCH MANNER AND UPON SUCH TERMS AS
48 THE TRUSTEES SHALL DETERMINE. THE FOREGOING NOTWITHSTANDING, THE TRUS-
49 TEES MAY PROVIDE FOR THE LEASE OF SUCH REAL PROPERTY FOR PERIODS NOT TO
50 EXCEED FIFTY YEARS IN SUPPORT OF THE EDUCATIONAL AND OTHER CORPORATE
51 PURPOSES OF THE STATE UNIVERSITY OF NEW YORK AT BUFFALO, UNLESS THE
52 SUBJECT PROJECT IS IN CONFLICT WITH THE MISSION OF THE STATE UNIVERSITY
53 OF NEW YORK AT BUFFALO, INCLUDING BUT NOT LIMITED TO THE DEVELOPMENT AND
54 OPERATION OF RESEARCH, INCUBATOR, COMMUNITY, HEALTH CARE, RETAIL, FOOD
A. 5463 10
1 SERVICE, TELECOMMUNICATION, STUDENT AND FACULTY HOUSING, ENERGY, GOVERN-
2 MENTAL, SENIOR COMMUNITY, HOTEL, CONFERENCE CENTER AND RECREATIONAL
3 FACILITIES, AND FOR THE PURPOSE OF MAXIMIZING THE USE OF NATURAL
4 RESOURCES; PROVIDED, HOWEVER, THE PRESIDENT OF THE STATE UNIVERSITY OF
5 NEW YORK AT BUFFALO SHALL PROVIDE NOTICE OF ANY SUCH LEASE TO THE CHAIRS
6 OF THE SENATE FINANCE COMMITTEE AND THE ASSEMBLY WAYS AND MEANS COMMIT-
7 TEE AND TO THE DIRECTOR OF THE BUDGET AT LEAST THIRTY DAYS PRIOR TO
8 EXECUTING SUCH LEASE. THE PROVISIONS OF SECTION ONE HUNDRED SIXTY-SEVEN
9 OF THE STATE FINANCE LAW NOTWITHSTANDING, THE TRUSTEES MAY PROVIDE FOR
10 THE SALE, LEASE, TRANSFER OR CONVEYANCE OF PERSONAL PROPERTY UNDER THE
11 CUSTODY AND CONTROL OF THE STATE UNIVERSITY OF NEW YORK AT BUFFALO IN
12 SUCH MANNER AND UPON SUCH TERMS AS THE TRUSTEES SHALL DETERMINE. THE
13 PROVISIONS OF SECTION TWENTY-THREE OF THE PUBLIC LANDS LAW AND SECTION
14 ONE HUNDRED SIXTY-SEVEN OF THE STATE FINANCE LAW NOTWITHSTANDING, THE
15 PROCEEDS FROM THE SALE, LEASE, TRANSFER OR CONVEYANCE OF STATE-OWNED
16 REAL PROPERTY COMPRISING ANY PART OF THE CAMPUSES OF THE STATE UNIVERSI-
17 TY OF NEW YORK AT BUFFALO OR OF PERSONAL PROPERTY UNDER THE CUSTODY AND
18 CONTROL OF THE STATE UNIVERSITY OF NEW YORK AT BUFFALO SHALL BE RETAINED
19 BY THE STATE UNIVERSITY OF NEW YORK AT BUFFALO AND SHALL BE USED BY THE
20 STATE UNIVERSITY OF NEW YORK AT BUFFALO FOR EXPENSES OF THE STATE
21 UNIVERSITY OF NEW YORK AT BUFFALO.
22 S 2. Paragraph s of subdivision 2 of section 355 of the education law,
23 as amended by chapter 552 of the laws of 1985, is amended to read as
24 follows:
25 s. To lease or make available to the state university construction
26 fund, the dormitory authority or other public benefit corporation, the
27 New York state teachers' retirement system [or], the New York state
28 employees' retirement system OR, IN THE CASE OF STATE-OWNED REAL PROPER-
29 TY COMPRISING ANY PART OF THE CAMPUSES OF THE STATE UNIVERSITY OF NEW
30 YORK AT BUFFALO, ANY OTHER PUBLIC OR PRIVATE FOR-PROFIT OR NON-PROFIT
31 ENTITY, INCLUDING, BUT NOT LIMITED TO, A LOCAL DEVELOPMENT CORPORATION
32 ORGANIZED UNDER SECTION ONE THOUSAND FOUR HUNDRED ELEVEN OF THE
33 NOT-FOR-PROFIT CORPORATION LAW OR AN INDUSTRIAL DEVELOPMENT AGENCY
34 ORGANIZED UNDER ARTICLE EIGHTEEN-A OF THE GENERAL MUNICIPAL LAW, a
35 portion of the grounds or real property occupied by a state-operated
36 institution or statutory or contract college for the construction,
37 acquisition, reconstruction, rehabilitation or improvement of academic
38 buildings, dormitories or other facilities thereon pursuant to article
39 eight-A of this chapter and for the purpose of facilitating such
40 construction, acquisition, reconstruction, rehabilitation or improve-
41 ment, to enter into leases and agreements for the use of any such
42 academic building, dormitory or other facility in accordance with the
43 provisions of section three hundred seventy-eight of this chapter;
44 provided, however, that nothing herein contained shall affect the
45 provisions of any lease or agreement heretofore executed by the state
46 university with the dormitory authority. The state university trustees
47 may also enter into agreements with the state university construction
48 fund, the dormitory authority or other public benefit corporation, the
49 New York state teachers' retirement system [or], the New York state
50 employees' retirement system AND, IN THE CASE OF STATE-OWNED REAL PROP-
51 ERTY COMPRISING ANY PART OF THE CAMPUSES OF THE STATE UNIVERSITY OF NEW
52 YORK AT BUFFALO, WITH ANY OTHER PUBLIC OR PRIVATE FOR-PROFIT OR NON-PRO-
53 FIT ENTITY, INCLUDING, BUT NOT LIMITED TO A LOCAL DEVELOPMENT CORPO-
54 RATION ORGANIZED UNDER SECTION ONE THOUSAND FOUR HUNDRED ELEVEN OF THE
55 NOT-FOR-PROFIT CORPORATION LAW OR AN INDUSTRIAL DEVELOPMENT AGENCY
56 ORGANIZED UNDER ARTICLE EIGHTEEN-A OF THE GENERAL MUNICIPAL LAW, to
A. 5463 11
1 furnish heat from a central heating plant to any academic building,
2 dormitory or other facility erected by them or with moneys supplied by
3 them. Any such academic building, dormitory or other facility shall not
4 be subject to taxation for any purpose.
5 S 3. Subdivision 2 of section 355 of the education law is amended by
6 adding a new paragraph y to read as follows:
7 Y. IN CONNECTION WITH PUBLIC-PRIVATE PARTNERSHIPS IN SUPPORT OF THE
8 CORPORATE PURPOSES OF THE STATE UNIVERSITY OF NEW YORK AT BUFFALO,
9 INCLUDING, WITHOUT LIMITATION, THE STATE UNIVERSITY OF NEW YORK AT
10 BUFFALO'S UB 2020 INITIATIVE, TO PARTICIPATE IN JOINT AND COOPERATIVE
11 ARRANGEMENTS WITH PUBLIC, NON-PROFIT AND BUSINESS ENTITIES AS PARTNERS,
12 JOINT VENTURERS, MEMBERS OF NON-PROFIT CORPORATIONS, MEMBERS OF LIMITED
13 LIABILITY COMPANIES AND SHAREHOLDERS OF BUSINESS CORPORATIONS. THE STATE
14 UNIVERSITY'S PARTICIPATION ON BEHALF OF THE STATE UNIVERSITY OF NEW YORK
15 AT BUFFALO SHALL BE SUBJECT TO GUIDELINES OF THE STATE UNIVERSITY WITH
16 RESPECT TO CONFLICTS OF INTEREST AND TO ARTICLE FOURTEEN OF THE CIVIL
17 SERVICE LAW AND THE APPLICABLE PROVISIONS OF AGREEMENTS BETWEEN THE
18 STATE AND EMPLOYEE ORGANIZATIONS PURSUANT TO ARTICLE FOURTEEN OF THE
19 CIVIL SERVICE LAW. NOTWITHSTANDING ANY INCONSISTENT PROVISION IN SECTION
20 EIGHT OF THE COURT OF CLAIMS ACT, THE STATE UNIVERSITY MAY INCLUDE IN A
21 CONTRACT RELATING TO SUCH PARTICIPATION, OTHER THAN A CONTRACT WITH
22 STATE EMPLOYEES RELATING TO TERMS AND CONDITIONS OF THEIR EMPLOYMENT, A
23 PROVISION THAT SOME OR ALL DISPUTES ARISING UNDER OR RELATED TO SUCH
24 CONTRACT SHALL BE RESOLVED BY BINDING ARBITRATION IN ACCORDANCE WITH THE
25 RULES OF A NATIONALLY-RECOGNIZED ARBITRATION ASSOCIATION. NOTHING
26 CONTAINED IN THE PUBLIC OFFICERS LAW OR IN ANY OTHER LAW, RULE OR REGU-
27 LATION, SHALL BE CONSTRUED OR APPLIED TO PROHIBIT STATE UNIVERSITY OF
28 NEW YORK AT BUFFALO OFFICERS AND EMPLOYEES FROM ENGAGING IN ACTIVITIES
29 FOR WHICH NO COMPENSATION IS PAID AS DESIGNEES OF THE STATE UNIVERSITY
30 OF NEW YORK AT BUFFALO IN CONNECTION WITH SUCH JOINT AND COOPERATIVE
31 ARRANGEMENTS, INCLUDING SERVING AS DESIGNEES OF THE STATE UNIVERSITY AS
32 MEMBERS, SHAREHOLDERS OR AS DIRECTORS ON BOARDS OR OTHER GOVERNING
33 BODIES OF CORPORATIONS OR OTHER ENTITIES.
34 S 4. This act shall take effect immediately.
35 PART C
36 Section 1. Section 355 of the education law is amended by adding two
37 new subdivisions 20 and 21 to read as follows:
38 20. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO OF SECTION ONE
39 HUNDRED TWELVE AND SECTIONS ONE HUNDRED FIFTEEN, ONE HUNDRED SIXTY-ONE
40 AND ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW AND SECTIONS THREE
41 AND SIX OF THE NEW YORK STATE PRINTING AND PUBLIC DOCUMENTS LAW OR ANY
42 OTHER LAW TO THE CONTRARY, THE STATE UNIVERSITY TRUSTEES ARE AUTHORIZED
43 AND EMPOWERED ON BEHALF OF OR WITH RESPECT TO THE STATE UNIVERSITY OF
44 NEW YORK AT BUFFALO TO:
45 A. (I) PURCHASE MATERIALS, EQUIPMENT AND SUPPLIES, INCLUDING COMPUTER
46 EQUIPMENT AND MOTOR VEHICLES, (II) EXECUTE CONTRACTS FOR SERVICES,
47 PERMITS, LICENSES, LEASES, CONTRACTS FOR THE PURCHASE OR SALE OF REAL
48 PROPERTY, AND CONSTRUCTION CONTRACTS, AND (III) CONTRACT FOR PRINTING,
49 WITHOUT PRIOR APPROVAL BY ANY OTHER STATE OFFICER OR AGENCY IN ACCORD-
50 ANCE WITH GUIDELINES, RULES OR REGULATIONS PROMULGATED BY THE STATE
51 UNIVERSITY BOARD OF TRUSTEES. GUIDELINES, RULES, OR REGULATIONS PROMUL-
52 GATED BY THE STATE UNIVERSITY BOARD OF TRUSTEES SHALL, TO THE EXTENT
53 PRACTICABLE, REQUIRE THAT COMPETITIVE PROPOSALS BE SOLICITED FOR
54 PURCHASES, AND SHALL INCLUDE REQUIREMENTS THAT PURCHASES AND CONTRACTS
A. 5463 12
1 AUTHORIZED UNDER THIS SECTION BE AT THE LOWEST AVAILABLE PRICE, INCLUD-
2 ING CONSIDERATION OF PRICES AVAILABLE THROUGH OTHER STATE AGENCIES,
3 CONSISTENT WITH QUALITY REQUIREMENTS, AND AS WILL BEST PROMOTE THE
4 PUBLIC INTEREST. SUCH PURCHASES MAY BE MADE DIRECTLY FROM ANY CONTRACTOR
5 PURSUANT TO ANY CONTRACT FOR COMMODITIES LET BY THE OFFICE OF GENERAL
6 SERVICES OR ANY OTHER STATE AGENCY;
7 B. ESTABLISH CASH ADVANCE ACCOUNTS FOR THE PURPOSE OF PURCHASING
8 MATERIALS, SUPPLIES, OR SERVICES, FOR CASH ADVANCES FOR TRAVEL EXPENSES
9 AND PER DIEM ALLOWANCES, OR FOR ADVANCE PAYMENT OF WAGES AND SALARY. THE
10 ACCOUNT MAY BE USED TO PURCHASE SUCH MATERIALS, SUPPLIES, OR SERVICES
11 WHERE THE AMOUNT OF A SINGLE PURCHASE DOES NOT EXCEED TWO HUNDRED FIFTY
12 DOLLARS, IN ACCORDANCE WITH SUCH GUIDELINES AS SHALL BE PRESCRIBED BY
13 THE STATE UNIVERSITY TRUSTEES.
14 C. ESTABLISH GUIDELINES IN CONSULTATION WITH THE COMMISSIONER OF
15 GENERAL SERVICES AUTHORIZING PARTICIPATION BY THE STATE UNIVERSITY OF
16 NEW YORK AT BUFFALO IN PROGRAMS ADMINISTERED BY THE OFFICE OF GENERAL
17 SERVICES FOR THE PURCHASE OF AVAILABLE NEW YORK STATE FOOD PRODUCTS. THE
18 COMMISSIONER OF GENERAL SERVICES SHALL PROVIDE ASSISTANCE TO THE STATE
19 UNIVERSITY OF NEW YORK AT BUFFALO NECESSARY TO ENABLE THE STATE UNIVER-
20 SITY OF NEW YORK AT BUFFALO TO PARTICIPATE IN THESE PROGRAMS.
21 21. TO ENTER INTO ANY CONTRACT OR AGREEMENT DEEMED NECESSARY OR ADVIS-
22 ABLE AFTER CONSULTATION WITH APPROPRIATE STATE AGENCIES FOR CARRYING OUT
23 THE OBJECTS AND PURPOSES OF STATE UNIVERSITY OF NEW YORK AT BUFFALO
24 WITHOUT PRIOR REVIEW OR APPROVAL BY ANY STATE OFFICER OR AGENCY INCLUD-
25 ING ENERGY PERFORMANCE CONTRACTS (AS DEFINED IN SECTION 9-102 OF THE
26 ENERGY LAW), ENERGY PROCUREMENT OR SUPPLY CONTRACTS, CONTRACTS OR AGREE-
27 MENTS WITH NON-PROFIT CORPORATIONS ORGANIZED BY OFFICERS, EMPLOYEES,
28 ALUMNI OR STUDENTS OF THE STATE UNIVERSITY OF NEW YORK AT BUFFALO FOR
29 THE FURTHERANCE OF ITS OBJECTS AND PURPOSES, AS WELL AS CONTRACTS OR
30 AGREEMENTS WITH ANY STATE UNIVERSITY OF NEW YORK AT BUFFALO CAMPUS-RE-
31 LATED FOUNDATION, ALUMNI ASSOCIATION OR AFFILIATE THEREOF, ANY NON-PRO-
32 FIT CORPORATION OR ASSOCIATION ORGANIZED BY THE PRESIDENT OF THE STATE
33 UNIVERSITY OF NEW YORK AT BUFFALO TO FURTHER ITS PURPOSES OR ANY LIMITED
34 LIABILITY COMPANY, WHOSE SOLE MEMBER IS ANY OF THE FOREGOING ENTITIES
35 FOR THE FURTHERANCE OF THE OBJECTS AND PURPOSES OF THE STATE UNIVERSITY
36 OF NEW YORK AT BUFFALO, INCLUDING, WITHOUT LIMITATION, THE STATE UNIVER-
37 SITY OF NEW YORK AT BUFFALO'S UB 2020 INITIATIVE. CONTRACTS OR AGREE-
38 MENTS ENTERED INTO WITH THE FEDERAL GOVERNMENT TO ENABLE PARTICIPATION
39 IN FEDERAL STUDENT LOAN PROGRAMS, INCLUDING ANY AND ALL INSTRUMENTS
40 REQUIRED THEREUNDER, SHALL NOT BE SUBJECT TO THE REQUIREMENTS OF SECTION
41 FORTY-ONE OF THE STATE FINANCE LAW; PROVIDED, HOWEVER, THAT THE STATE
42 SHALL NOT BE LIABLE FOR ANY PORTION OF ANY DEFAULTS WHICH IT HAS AGREED
43 TO ASSUME PURSUANT TO ANY SUCH AGREEMENT IN AN AMOUNT IN EXCESS OF MONEY
44 APPROPRIATED OR OTHERWISE LAWFULLY AVAILABLE THEREFOR AT THE TIME THE
45 LIABILITY FOR PAYMENT ARISES.
46 S 2. Subdivisions 2 and 3 of section 112 of the state finance law, as
47 amended by chapter 319 of the laws of 1992, paragraph (a) of subdivision
48 2 as amended by section 2 of part D of chapter 56 of the laws of 2006,
49 are amended to read as follows:
50 2. (a) Before any contract made for or by any state agency, depart-
51 ment, board, officer, commission, or institution, except the office of
52 general services AND THE STATE UNIVERSITY OF NEW YORK ACTING ON BEHALF
53 OF OR WITH RESPECT TO THE STATE UNIVERSITY OF NEW YORK AT BUFFALO, shall
54 be executed or become effective, whenever such contract exceeds fifty
55 thousand dollars in amount and before any contract made for or by the
56 office of general services shall be executed or become effective, when-
A. 5463 13
1 ever such contract exceeds eighty-five thousand dollars in amount, it
2 shall first be approved by the comptroller and filed in his or her
3 office, provided, however, that the comptroller shall make a final writ-
4 ten determination with respect to approval of such contract within nine-
5 ty days of the submission of such contract to his or her office unless
6 the comptroller shall notify, in writing, the state agency, department,
7 board, officer, commission, or institution, prior to the expiration of
8 the ninety day period, and for good cause, of the need for an extension
9 of not more than fifteen days, or a reasonable period of time agreed to
10 by such state agency, department, board, officer, commission, or insti-
11 tution and provided, further, that such written determination or exten-
12 sion shall be made part of the procurement record pursuant to paragraph
13 f of subdivision one of section one hundred sixty-three of this chapter.
14 (b) Whenever any liability of any nature shall be incurred by or for
15 any state department, board, officer, commission, or institution OTHER
16 THAN THE STATE UNIVERSITY OF NEW YORK ACTING ON BEHALF OF OR WITH
17 RESPECT TO THE STATE UNIVERSITY OF NEW YORK AT BUFFALO, notice that such
18 liability has been incurred shall be immediately given in writing to the
19 state comptroller.
20 3. A contract or other instrument wherein the state or any of its
21 officers, agencies, boards or commissions OTHER THAN THE STATE UNIVERSI-
22 TY OF NEW YORK ACTING ON BEHALF OF OR WITH RESPECT TO THE STATE UNIVER-
23 SITY OF NEW YORK AT BUFFALO agrees to give a consideration other than
24 the payment of money, when the value or reasonably estimated value of
25 such consideration exceeds ten thousand dollars, shall not become a
26 valid enforceable contract unless such contract or other instrument
27 shall first be approved by the comptroller and filed in his office.
28 S 3. Paragraph a of subdivision 1 of section 139-j of the state
29 finance law, as added by chapter 4 of the laws of 2010, is amended to
30 read as follows:
31 a. "Governmental entity" shall mean: (1) any department, board,
32 bureau, commission, division, office, council, committee or officer of
33 the state, whether permanent or temporary, OTHER THAN THE STATE UNIVER-
34 SITY OF NEW YORK ACTING ON BEHALF OF OR WITH RESPECT TO THE STATE
35 UNIVERSITY OF NEW YORK AT BUFFALO; (2) each house of the state legisla-
36 ture; (3) the unified court system; (4) any public authority, public
37 benefit corporation or commission created by or existing pursuant to the
38 public authorities law; (5) any public authority or public benefit
39 corporation, at least one of whose members is appointed by the governor
40 or who serves as a member by virtue of holding a civil office of the
41 state; (6) a municipal agency, as that term is defined in paragraph (ii)
42 of subdivision (s) of section one-c of the legislative law; or (7) a
43 subsidiary or affiliate of such a public authority.
44 S 4. Paragraph a of subdivision 1 of section 139-k of the state
45 finance law, as added by chapter 4 of the laws of 2010, is amended to
46 read as follows:
47 a. "Governmental entity" shall mean: (1) any department, board,
48 bureau, commission, division, office, council, committee or officer of
49 the state, whether permanent or temporary, OTHER THAN THE STATE UNIVER-
50 SITY OF NEW YORK ACTING ON BEHALF OF OR WITH RESPECT TO THE STATE
51 UNIVERSITY OF NEW YORK AT BUFFALO; (2) each house of the state legisla-
52 ture; (3) the unified court system; (4) any public authority, public
53 benefit corporation or commission created by or existing pursuant to the
54 public authorities law; (5) a public authority or public benefit corpo-
55 ration, at least one of whose members is appointed by the governor or
56 who serves as a member by virtue of holding a civil office of the state;
A. 5463 14
1 (6) municipal agency, as that term is defined in paragraph (ii) of
2 subdivision (s) of section one-c of the legislative law; or (7) a
3 subsidiary or affiliate of such a public authority.
4 S 5. Subparagraph (iv) of paragraph a of subdivision 3 of section 163
5 of the state finance law, as amended by chapter 430 of the laws of 1997,
6 is amended to read as follows:
7 (iv) The commissioner is authorized to permit any officer, body or
8 agency of the state or of a political subdivision or a district therein,
9 or fire company or volunteer ambulance service as such are defined in
10 section one hundred of the general municipal law, to make purchases of
11 commodities through the office of general services' centralized
12 contracts, pursuant to the provisions of section one hundred four of the
13 general municipal law. The commissioner is authorized to permit any
14 county extension service association as authorized under subdivision
15 eight of section two hundred twenty-four of the county law, or any asso-
16 ciation or other entity as specified in and in accordance with section
17 one hundred nine-a of the general municipal law, OR ANY NON-PROFIT
18 CORPORATION ORGANIZED IN FURTHERANCE OF THE OBJECTS AND PURPOSES OF THE
19 STATE UNIVERSITY OF NEW YORK AT BUFFALO, or any other association or
20 entity as specified in state law, to make purchases of commodities
21 through the office of general services' centralized contracts; provided,
22 however, that such entity so empowered shall accept sole responsibility
23 for any payment due with respect to such purchase; AND PROVIDED FURTHER,
24 HOWEVER, THAT COMMODITIES SO PURCHASED BY A NON-PROFIT CORPORATION
25 ORGANIZED IN FURTHERANCE OF THE OBJECTS AND PURPOSES OF THE STATE
26 UNIVERSITY OF NEW YORK AT BUFFALO SHALL NOT BE USED DIRECTLY OR INDI-
27 RECTLY BY A FOR-PROFIT CORPORATION OR OTHER FOR-PROFIT ENTITY WHICH
28 CONTRACTS WITH THE NON-PROFIT CORPORATION, NOR SHALL SUCH COMMODITIES SO
29 PURCHASED BY SUCH NON-PROFIT CORPORATION BE OFFERED FOR RESALE.
30 S 6. Paragraph e of subdivision 4 of section 163 of the state finance
31 law, as amended by chapter 95 of the laws of 2000, is amended to read as
32 follows:
33 [e. Any officer, body or agency of a political subdivision as defined
34 in section one hundred of the general municipal law or a district there-
35 in, may make purchases of services through the office of general
36 services' centralized contracts for services, subject to the provisions
37 of section one hundred four of the general municipal law. The commis-
38 sioner may permit and prescribe the conditions for the purchase of
39 services through the office of general services' centralized contracts
40 for services by any public authority or public benefit corporation of
41 the state including the port authority of New York and New Jersey. The
42 commissioner is authorized to permit any public library, association
43 library, library system, cooperative library system, the New York
44 Library Association, and the New York State Association of Library
45 Boards or any other library except those which are operated by for
46 profit entities, to make purchases of services through the office of
47 general services' centralized contracts; provided, however, that such
48 entity so empowered shall accept sole responsibility for any payment due
49 with respect to such purchase.]
50 E. ANY OFFICER, BODY OR AGENCY OF A POLITICAL SUBDIVISION AS DEFINED
51 IN SECTION ONE HUNDRED OF THE GENERAL MUNICIPAL LAW OR A DISTRICT THERE-
52 IN AND ANY NON-PROFIT CORPORATION ORGANIZED IN FURTHERANCE OF THE
53 OBJECTS AND PURPOSES OF THE STATE UNIVERSITY OF NEW YORK AT BUFFALO, MAY
54 MAKE PURCHASES OF SERVICES THROUGH THE OFFICE OF GENERAL SERVICES'
55 CENTRALIZED CONTRACTS FOR SERVICES, SUBJECT, IN THE CASE OF SUCH POLI-
56 TICAL SUBDIVISIONS, TO THE PROVISIONS OF SECTION ONE HUNDRED FOUR OF THE
A. 5463 15
1 GENERAL MUNICIPAL LAW; PROVIDED, HOWEVER, THAT IN THE CASE OF ANY
2 NON-PROFIT CORPORATION ORGANIZED IN FURTHERANCE OF THE OBJECTS AND
3 PURPOSES OF THE STATE UNIVERSITY OF NEW YORK AT BUFFALO, IT SHALL ACCEPT
4 SOLE RESPONSIBILITY FOR ANY PAYMENT DUE WITH RESPECT TO SUCH PURCHASE
5 AND PROVIDED, FURTHER THAT SERVICES SO PURCHASED BY ANY SUCH NON-PROFIT
6 CORPORATION SHALL NOT BE USED DIRECTLY OR INDIRECTLY BY A FOR-PROFIT
7 CORPORATION OR OTHER FOR-PROFIT ENTITY WHICH CONTRACTS WITH THE NON-PRO-
8 FIT ORGANIZATION. THE COMMISSIONER MAY PERMIT AND PRESCRIBE THE CONDI-
9 TIONS FOR THE PURCHASE OF SERVICES THROUGH THE OFFICE OF GENERAL
10 SERVICES' CENTRALIZED CONTRACTS FOR SERVICES BY ANY PUBLIC AUTHORITY OR
11 PUBLIC BENEFIT CORPORATION OF THE STATE INCLUDING THE PORT AUTHORITY OF
12 NEW YORK AND NEW JERSEY, OR ANY NON-PROFIT CORPORATION ORGANIZED IN
13 FURTHERANCE OF THE OBJECTS AND PURPOSES OF THE STATE UNIVERSITY OF NEW
14 YORK AT BUFFALO. THE COMMISSIONER IS AUTHORIZED TO PERMIT ANY PUBLIC
15 LIBRARY, ASSOCIATION LIBRARY, LIBRARY SYSTEM, COOPERATIVE LIBRARY
16 SYSTEM, THE NEW YORK LIBRARY ASSOCIATION, AND THE NEW YORK STATE ASSOCI-
17 ATION OF LIBRARY BOARDS OR ANY OTHER LIBRARY EXCEPT THOSE WHICH ARE
18 OPERATED BY FOR-PROFIT ENTITIES, TO MAKE PURCHASES OF SERVICES THROUGH
19 THE OFFICE OF GENERAL SERVICES' CENTRALIZED CONTRACTS; PROVIDED, HOWEV-
20 ER, THAT SUCH ENTITY SO EMPOWERED SHALL ACCEPT SOLE RESPONSIBILITY FOR
21 ANY PAYMENT DUE WITH RESPECT TO SUCH PURCHASE.
22 S 7. Paragraph b of subdivision 10 of section 163 of the state finance
23 law is amended by adding a new subparagraph (iii) to read as follows:
24 (III) THE PROVISIONS OF SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH
25 SHALL NOT APPLY TO SINGLE OR SOLE SOURCE PROCUREMENTS FOR SERVICES OR
26 COMMODITIES BY THE STATE UNIVERSITY OF NEW YORK ACTING ON BEHALF OF OR
27 WITH RESPECT TO THE STATE UNIVERSITY OF NEW YORK AT BUFFALO, WHICH
28 SINGLE OR SOLE SOURCE PROCUREMENTS SHALL BE MADE IN ACCORDANCE WITH SUCH
29 RULES AND GUIDELINES AS MAY BE PROMULGATED BY THE TRUSTEES OF THE STATE
30 UNIVERSITY OF NEW YORK.
31 S 8. Paragraph (e) of subdivision 1 of section 5-a of the tax law, as
32 amended by section 1 of part L of chapter 62 of the laws of 2006, is
33 amended to read as follows:
34 (e) "Covered agency" means a "state agency" for purposes of article
35 eleven of the state finance law, the legislature, the judiciary, or a
36 public authority or public benefit corporation at least one of whose
37 members is appointed by the governor; PROVIDED, HOWEVER, THAT THE TERM
38 "COVERED AGENCY" SHALL NOT INCLUDE THE STATE UNIVERSITY OF NEW YORK
39 ACTING ON BEHALF OF OR WITH RESPECT TO THE STATE UNIVERSITY OF NEW YORK
40 AT BUFFALO.
41 S 9. This act shall take effect immediately; provided, however, that
42 the amendments to section 139-j of the state finance law made by section
43 three of this act, the amendments to section 139-k of the state finance
44 law made by section four of this act, and the amendments to section 163
45 of the state finance law made by sections five, six, and seven of this
46 act shall not affect the repeal of such sections and shall expire and be
47 deemed repealed therewith.
48 PART D
49 Section 1. Subdivision 8 of section 355 of the education law, as
50 amended by chapter 553 of the laws of 1985, is amended to read as
51 follows:
52 8. All moneys received by the state university of New York and by
53 state-operated institutions thereof from appropriations, tuition, fees,
54 user charges, sales of products and services and from all other sources,
A. 5463 16
1 including sources and activities of the state university which are
2 intended by law to be self-supporting may be credited to an appropriate
3 fund or funds to be designated by the state comptroller. The amounts so
4 paid into such fund or funds which were received by or for the state
5 university shall be used for expenses of the state university in carry-
6 ing out any of its objects and purposes and such amounts received by or
7 for state-operated institutions of the state university shall be used
8 for expenses of the state university under regulations prescribed by the
9 state university trustees. NOTWITHSTANDING THE FOREGOING, ALL MONEYS
10 RECEIVED BY THE STATE UNIVERSITY OF NEW YORK AT BUFFALO FROM TUITION,
11 FEES, USER CHARGES, SALES OF PRODUCTS AND SERVICES, SAVINGS UNDER ENERGY
12 PERFORMANCE, PROCUREMENT OR SUPPLY CONTRACTS AND FROM SOURCES AND ACTIV-
13 ITIES OF THE STATE UNIVERSITY OF NEW YORK AT BUFFALO WHICH ARE INTENDED
14 BY LAW TO BE SELF-SUPPORTING MAY BE CREDITED TO AN APPROPRIATE FUND OR
15 FUNDS HELD BY THE STATE UNIVERSITY OF NEW YORK AT BUFFALO. THE AMOUNTS
16 SO PAID INTO SUCH FUND OR FUNDS WHICH WERE RECEIVED BY OR FOR THE STATE
17 UNIVERSITY OF NEW YORK AT BUFFALO SHALL BE USED FOR EXPENSES OF THE
18 STATE UNIVERSITY OF NEW YORK AT BUFFALO IN CARRYING OUT ANY OF ITS
19 OBJECTS AND PURPOSES, INCLUDING, THE STATE UNIVERSITY OF NEW YORK AT
20 BUFFALO'S UB 2020 INITIATIVE.
21 S 2. Section 4 of the state finance law is amended by adding a new
22 subdivision 11 to read as follows:
23 11. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, MONEYS HELD BY
24 THE STATE UNIVERSITY OF NEW YORK DERIVED FROM TUITION, FEES, USER CHARG-
25 ES, SALES OF PRODUCTS AND SERVICES, SAVINGS UNDER ENERGY PERFORMANCE,
26 PROCUREMENT OR SUPPLY CONTRACTS AND SOURCES AND ACTIVITIES OF THE STATE
27 UNIVERSITY OF NEW YORK AT BUFFALO THAT ARE INTENDED TO BE SELF-SUPPORT-
28 ING SHALL BE PAID WITHOUT AN APPROPRIATION.
29 S 3. Subdivision 2 of section 121 of the state finance law, as amended
30 by chapter 293 of the laws of 1992, is amended to read as follows:
31 2. There are excepted from payment to the treasury as provided by
32 subdivision one of this section: (i) all moneys to which the provisions
33 of subdivision four of section four of this chapter apply unless such
34 moneys are held in a fund subject to appropriation; (ii) moneys held as
35 part of the principal of an endowment of the state university of New
36 York, units thereof and other state agencies; (III) MONEYS RECEIVED BY
37 THE STATE UNIVERSITY OF NEW YORK DERIVED FROM TUITION, FEES, USER CHARG-
38 ES, SALES OF PRODUCTS AND SERVICES, SAVINGS UNDER ENERGY PERFORMANCE,
39 PROCUREMENT OR SUPPLY CONTRACTS AND FROM SOURCES AND ACTIVITIES OF THE
40 STATE UNIVERSITY OF NEW YORK AT BUFFALO THAT ARE INTENDED TO BE
41 SELF-SUPPORTING, INCLUDING, WITHOUT LIMITATION, ANY REVENUE RESULTING
42 FROM TUITION INCREASES AT THE STATE UNIVERSITY OF NEW YORK AT BUFFALO
43 DESCRIBED IN CLAUSE A OF SUBPARAGRAPH FOUR OF PARAGRAPH H OF SUBDIVISION
44 TWO OF SECTION THREE HUNDRED FIFTY-FIVE OF THE EDUCATION LAW; and
45 [(iii)] (IV) moneys received pursuant to a clinical practice plan estab-
46 lished pursuant to subdivision fourteen of section two hundred six of
47 the public health law. In those cases where such moneys are held in the
48 custody of the state officer other than the comptroller, the officer
49 shall file with the comptroller, at such times as the comptroller shall
50 determine, a detailed statement, in such form and content as the comp-
51 troller shall prescribe, for the period covered by the statement. The
52 comptroller shall from time to time, but not less than once in every
53 three years, examine the books and accounts relating to such moneys
54 heretofore or hereinafter established, including its receipts, disburse-
55 ments, investments, and any financial matters. An independent audit of
56 such moneys may be authorized by the comptroller in lieu of his own
A. 5463 17
1 examination, which examination shall be undertaken within twelve months
2 of such authorization.
3 S 4. This act shall take effect immediately.
4 PART E
5 Section 1. Paragraph i of subdivision 2 of section 355 of the educa-
6 tion law, as amended by chapter 552 of the laws of 1985, is amended to
7 read as follows:
8 i. To lease to alumni associations of institutions of the state
9 university a portion of the grounds occupied by any institution of the
10 state university, for the erection thereon of dormitories to be used by
11 students in attendance at such institutions. The terms of any lease and
12 the character of the building to be erected shall be determined by the
13 state university trustees. Such lease, EXCEPT IN THE CASE OF LANDS OCCU-
14 PIED BY THE STATE UNIVERSITY OF NEW YORK AT BUFFALO, prior to its
15 execution, shall be submitted to the attorney general for his approval
16 as to its form, contents and legal effect. Nothing contained in this
17 paragraph shall affect the provisions of any lease heretofore executed
18 by a board of visitors of any state-operated institution pursuant to
19 law. The state university trustees may similarly enter into an agreement
20 with an alumni association of an institution of the state university to
21 furnish heat from a central heating plant to any dormitory erected by
22 such alumni association. Any such dormitory shall not be subject to
23 taxation for any purpose.
24 S 2. This act shall take effect immediately.
25 PART F
26 Section 1. The chancellor of the State University of New York in
27 conjunction with the comptroller of the State of New York shall conduct
28 a comprehensive three year study of the "UB 2020 flexibility and econom-
29 ic growth act". Such report shall be completed by October 1, 2014. The
30 findings of such study shall be in the form of a detailed report that
31 shall include but not be limited to: (i) a financial detailing of
32 tuition increases for each year following the effective date of this
33 act; (ii) the annual faculty workforce size for each year; (iii) the
34 number of class offerings each year by degree granting program following
35 the effective date of this act; and (iv) a three year capital
36 construction report providing an analysis of the provisions of this act
37 and their effect on the cost of construction projects of the University
38 of Buffalo. Such report shall also provide a comparative analysis of the
39 University of Buffalo and the remaining University Centers including
40 University at Stony Brook, University at Albany and Binghamton Universi-
41 ty. Such comparison shall analyze tuition differences, faculty workforce
42 levels, program offerings by degree granting programs, grant awards,
43 facilities conditions, facilities differences and shall include recom-
44 mendations for the State University of New York.
45 S 2. This act shall take effect immediately.
46 S 4. Severability clause. If any clause, sentence, paragraph, subdivi-
47 sion, section or part of this act shall be adjudged by any court of
48 competent jurisdiction to be invalid, such judgment shall not affect,
49 impair, or invalidate the remainder thereof, but shall be confined in
50 its operation to the clause, sentence, paragraph, subdivision, section
51 or part thereof directly involved in the controversy in which such judg-
52 ment shall have been rendered. It is hereby declared to be the intent of
A. 5463 18
1 the legislature that this act would have been enacted even if such
2 invalid provisions had not been included herein.
3 S 5. This act shall take effect immediately provided, however, that
4 the applicable effective date of Parts A through F of this act shall be
5 as specifically set forth in the last section of such Parts.
