S T A T E O F N E W Y O R K
________________________________________________________________________
6447
2015-2016 Regular Sessions
I N A S S E M B L Y
March 25, 2015
___________
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 S 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.
LBD10034-01-5
A. 6447 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 S 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 SIXTEEN 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 S 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.
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1 S 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 S 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 S 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 S 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 S 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 STONY
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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 S 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.
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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 S 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 S 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 OR
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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
36 SIXTY-SEVEN OF THE STATE FINANCE LAW NOTWITHSTANDING, THE TRUSTEES MAY
37 PROVIDE FOR THE SALE, LEASE, TRANSFER OR CONVEYANCE OF PERSONAL PROPERTY
38 UNDER THE CUSTODY AND CONTROL OF THE STATE UNIVERSITY OF NEW YORK AT
39 STONY BROOK IN SUCH MANNER AND UPON SUCH TERMS AS THE TRUSTEES SHALL
40 DETERMINE. THE PROVISIONS OF SECTION TWENTY-THREE OF THE PUBLIC LANDS
41 LAW AND SECTION ONE HUNDRED SIXTY-SEVEN OF THE STATE FINANCE LAW
42 NOTWITHSTANDING, THE PROCEEDS FROM THE SALE, LEASE, TRANSFER OR CONVEY-
43 ANCE OF STATE-OWNED REAL PROPERTY COMPRISING ANY PART OF THE CAMPUSES OF
44 THE STATE UNIVERSITY OF NEW YORK AT STONY BROOK OR OF PERSONAL PROPERTY
45 UNDER THE CUSTODY AND CONTROL OF THE STATE UNIVERSITY OF NEW YORK AT
46 STONY BROOK SHALL BE RETAINED BY THE STATE UNIVERSITY OF NEW YORK AT
47 STONY BROOK AND SHALL BE USED BY THE STATE UNIVERSITY OF NEW YORK AT
48 STONY BROOK FOR EXPENSES OF THE STATE UNIVERSITY OF NEW YORK AT STONY
49 BROOK.
50 S 2. Paragraph a of subdivision 2 of section 355 of the education
51 law, as amended by chapter 552 of the laws of 1985, is amended to read
52 as follows:
53 a. To take, hold and administer on behalf of the state university or
54 any institution therein, real and personal property or any interest
55 therein and the income thereof either absolutely or in trust for any
56 educational or other purpose within the jurisdiction and corporate
A. 6447 7
1 purposes of the state university, AND, WITH RESPECT TO ANY PROPERTY
2 UTILIZED BY OR COMPRISING ANY PART OF THE CAMPUSES OF THE STATE UNIVER-
3 SITY OF NEW YORK AT STONY BROOK, TO DISPOSE OF SUCH PROPERTY IN SUCH
4 MANNER AND UPON SUCH TERMS AS ITS TRUSTEES SHALL DETERMINE. THE TRUS-
5 TEES SHALL ALLOW AND REGULATE THE USE OF SUCH PROPERTY FOR OTHER THAN
6 THE CORPORATE PURPOSES OF THE STATE UNIVERSITY OF NEW YORK AT STONY
7 BROOK, BY PERMIT, LEASE, LICENSE OR OTHER AGREEMENT, FOR PERIODS NOT TO
8 EXCEED TEN YEARS, AND PRESCRIBE THE FEES, IF ANY, THAT PERSONS, ASSOCI-
9 ATIONS AND CORPORATIONS ALLOWED THE USE OF SUCH PROPERTY SHALL PAY. The
10 trustees may acquire property for such purposes by purchase, appropri-
11 ation or lease and by the acceptance of gifts, grants, bequests and
12 devises, and, within appropriations made therefor, may equip and furnish
13 buildings and otherwise improve property owned, used or occupied by the
14 state university or any institution therein. THE TRUSTEES MAY ACQUIRE
15 PROPERTY FOR OR ON BEHALF OF THE STATE UNIVERSITY OF NEW YORK AT STONY
16 BROOK BY THE ACCEPTANCE OF CONDITIONAL GIFTS, GRANTS, DEVISES OR
17 BEQUESTS, THE PROVISIONS OF SECTION ELEVEN OF THE STATE FINANCE LAW
18 NOTWITHSTANDING. Where real property is to be acquired by purchase or
19 appropriation, such acquisition shall be in accordance with the
20 provisions of section three hundred seven of this chapter except that
21 the powers and duties in said section mentioned to be performed by the
22 commissioner [of education] shall be performed by the state university
23 trustees. THE PROVISIONS OF SECTIONS THREE, THIRTY-A, AND THIRTY-THREE
24 OF THE PUBLIC LANDS LAW NOTWITHSTANDING, THE TRUSTEES MAY PROVIDE FOR
25 THE SALE, LEASE, TRANSFER OR CONVEYANCE OF STATE-OWNED REAL PROPERTY
26 UNDER THE JURISDICTION OF THE STATE UNIVERSITY COMPRISING ANY PART OF
27 THE CAMPUSES OF THE STATE UNIVERSITY OF NEW YORK AT STONY BROOK IN SUCH
28 MANNER AND UPON SUCH TERMS AS THE TRUSTEES SHALL DETERMINE. THE FOREGO-
29 ING NOTWITHSTANDING, THE TRUSTEES MAY PROVIDE FOR THE LEASE OF SUCH REAL
30 PROPERTY FOR PERIODS NOT TO EXCEED FIFTY YEARS IN SUPPORT OF THE EDUCA-
31 TIONAL AND OTHER CORPORATE PURPOSES OF THE STATE UNIVERSITY OF NEW YORK
32 AT STONY BROOK, UNLESS THE SUBJECT PROJECT IS IN CONFLICT WITH THE
33 MISSION OF THE STATE UNIVERSITY OF NEW YORK AT STONY BROOK, INCLUDING
34 BUT NOT LIMITED TO THE DEVELOPMENT AND OPERATION OF RESEARCH, INCUBATOR,
35 COMMUNITY, HEALTH CARE, RETAIL, FOOD SERVICE, TELECOMMUNICATION, STUDENT
36 AND FACULTY HOUSING, ENERGY, GOVERNMENTAL, SENIOR COMMUNITY, CONFERENCE
37 CENTER AND RECREATIONAL FACILITIES, AND FOR THE PURPOSE OF MAXIMIZING
38 THE USE OF NATURAL RESOURCES; PROVIDED, HOWEVER, THE PRESIDENT OF THE
39 STATE UNIVERSITY OF NEW YORK AT STONY BROOK SHALL PROVIDE NOTICE OF ANY
40 SUCH LEASE TO THE CHAIRS OF THE SENATE FINANCE COMMITTEE AND THE ASSEM-
41 BLY WAYS AND MEANS COMMITTEE AND TO THE DIRECTOR OF THE BUDGET AT LEAST
42 THIRTY DAYS PRIOR TO EXECUTING SUCH LEASE. THE PROVISIONS OF SECTION ONE
43 HUNDRED SIXTY-SEVEN OF THE STATE FINANCE LAW NOTWITHSTANDING, THE TRUS-
44 TEES MAY PROVIDE FOR THE SALE, LEASE, TRANSFER OR CONVEYANCE OF PERSONAL
45 PROPERTY UNDER THE CUSTODY AND CONTROL OF THE STATE UNIVERSITY OF NEW
46 YORK AT STONY BROOK IN SUCH MANNER AND UPON SUCH TERMS AS THE TRUSTEES
47 SHALL DETERMINE. THE PROVISIONS OF SECTION TWENTY-THREE OF THE PUBLIC
48 LANDS LAW AND SECTION ONE HUNDRED SIXTY-SEVEN OF THE STATE FINANCE LAW
49 NOTWITHSTANDING, THE PROCEEDS FROM THE SALE, LEASE, TRANSFER OR CONVEY-
50 ANCE OF STATE-OWNED REAL PROPERTY COMPRISING ANY PART OF THE CAMPUSES OF
51 THE STATE UNIVERSITY OF NEW YORK AT STONY BROOK OR OF PERSONAL PROPERTY
52 UNDER THE CUSTODY AND CONTROL OF THE STATE UNIVERSITY OF NEW YORK AT
53 STONY BROOK SHALL BE RETAINED BY THE STATE UNIVERSITY OF NEW YORK AT
54 STONY BROOK AND SHALL BE USED BY THE STATE UNIVERSITY OF NEW YORK AT
55 STONY BROOK FOR EXPENSES OF THE STATE UNIVERSITY OF NEW YORK AT STONY
56 BROOK.
A. 6447 8
1 S 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
33 STATE-OWNED REAL PROPERTY COMPRISING ANY PART OF THE CAMPUSES OF THE
34 STATE UNIVERSITY OF NEW YORK AT STONY BROOK, WITH ANY OTHER PUBLIC OR
35 PRIVATE FOR-PROFIT OR NON-PROFIT ENTITY, INCLUDING, BUT NOT LIMITED TO A
36 LOCAL DEVELOPMENT CORPORATION ORGANIZED UNDER SECTION FOURTEEN HUNDRED
37 ELEVEN OF THE NOT-FOR-PROFIT CORPORATION LAW OR AN INDUSTRIAL DEVELOP-
38 MENT AGENCY ORGANIZED UNDER ARTICLE EIGHTEEN-A OF THE GENERAL MUNICIPAL
39 LAW, to furnish heat from a central heating plant to any academic build-
40 ing, dormitory or other facility erected by them or with moneys supplied
41 by them. Any such academic building, dormitory or other facility shall
42 not be subject to taxation for any purpose.
43 S 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 THE
A. 6447 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 S 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 the
48 state comptroller not otherwise inconsistent with the provisions of this
49 section and] in accordance with guidelines, RULES OR REGULATIONS promul-
50 gated by the state university board of trustees [after consultation with
51 the state comptroller];
52 a-1. execute contracts for services [to an amount not exceeding twenty
53 thousand dollars] without prior approval by any other state officer or
54 agency[, but subject to rules and regulations of the state comptroller
A. 6447 10
1 not 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 state
4 comptroller. In addition, the trustees, after consultation with the
5 commissioner of general services, are authorized to annually negotiate
6 with the state comptroller increases in the aforementioned dollar limits
7 and the exemption of any services or categories of services from these
8 limits];
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-
16 troller];
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 without
24 competitive bidding where such contracts were secured either through
25 competitive bidding or through evaluation of proposals, however such
26 extensions may be rejected if the amount to be paid to the contractor in
27 any year of such proposed extension fails to reflect any decrease in the
28 regional consumer price index for the New York, New York-Northeastern,
29 New Jersey area, based upon the index for all urban consumers (CPI-U)
30 during the preceding twelve-month period. At the time of any contract
31 extension, consideration shall be given to any competitive proposal
32 offered by a public transportation agency. Such contract may be
33 increased for each year of the contract extension by an amount not to
34 exceed the regional consumer price index increase for the New York, New
35 York-Northeastern, New Jersey area, based upon the index for all urban
36 consumers (CPI-U), during the preceding twelve-month period, provided it
37 has been satisfactorily established by the contractor that there has
38 been at least an equivalent increase in the amount of his cost of opera-
39 tion, during the period of the contract.
40 e.] 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-
53 troller 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. 6447 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 S 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 purchase
41 does 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 exceeding
44 twenty thousand dollars], and (iii) contract for printing [to an amount
45 not exceeding five thousand dollars], without prior approval by any
46 other state officer or agency[, but subject to rules and regulations of
47 the state comptroller not otherwise inconsistent with the provisions of
48 this 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,
51 after consultation with the commissioner of general services, are
52 authorized to annually negotiate with the state comptroller increases in
53 the aforementioned dollar limits and the exemption of any articles,
54 categories 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. 6447 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-
15 troller].
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 without
23 competitive bidding where such contracts were secured either through
24 competitive bidding or through evaluation of proposals in response to a
25 request for proposals pursuant to subparagraph (2) of this paragraph,
26 however such extensions may be rejected if the amount to be paid to the
27 contractor in any year of such proposed extension fails to reflect any
28 decrease in the regional consumer price index for the New York, New
29 York-Northeastern, New Jersey area, based upon the index for all urban
30 consumers (CPI-U) during the preceding twelve-month period. At the time
31 of any contract extension, consideration shall be given to any compet-
32 itive proposal offered by a public transportation agency. Such contract
33 may be increased for each year of the contract extension by an amount
34 not to exceed the regional consumer price index increase for the New
35 York, New York-Northeastern, New Jersey area, based upon the index for
36 all urban consumers (CPI-U), during the preceding twelve-month period,
37 provided it has been satisfactorily established by the contractor that
38 there has been at least an equivalent increase in the amount of his cost
39 of 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-
44 troller 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 with
A. 6447 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 S 3. Subdivisions 2 and 3 of section 112 of the state finance law, as
10 amended by chapter 319 of the laws of 1992, paragraph (a) of subdivision
11 2 as amended by section 18 of part L of chapter 55 of the laws of 2012,
12 are amended to read as follows:
13 2. (a) Before any contract made for or by any state agency, depart-
14 ment, board, officer, commission, or institution, except the office of
15 general services AND THE STATE UNIVERSITY OF NEW YORK, shall be executed
16 or become effective, whenever such contract exceeds fifty thousand
17 dollars in amount and before any contract made for or by the office of
18 general services shall be executed or become effective, whenever such
19 contract exceeds eighty-five thousand dollars in amount, it shall first
20 be approved by the comptroller and filed in his or her office, with the
21 exception of contracts established as a centralized contract through the
22 office of general services and purchase orders or other procurement
23 transactions issued under such centralized contracts. The comptroller
24 shall make a final written determination with respect to approval of
25 such contract within ninety days of the submission of such contract to
26 his or her office unless the comptroller shall notify, in writing, the
27 state agency, department, board, officer, commission, or institution,
28 prior to the expiration of the ninety day period, and for good cause, of
29 the need for an extension of not more than fifteen days, or a reasonable
30 period of time agreed to by such state agency, department, board, offi-
31 cer, commission, or institution and provided, further, that such written
32 determination or extension shall be made part of the procurement record
33 pursuant to paragraph f of subdivision one of section one hundred
34 sixty-three of this chapter.
35 (b) Whenever any liability of any nature shall be incurred by or for
36 any state department, board, officer, commission, or institution OTHER
37 THAN THE STATE UNIVERSITY OF NEW YORK, notice that such liability has
38 been incurred shall be immediately given in writing to the state comp-
39 troller.
40 3. A contract or other instrument wherein the state or any of its
41 officers, agencies, boards or commissions OTHER THAN THE STATE UNIVERSI-
42 TY OF NEW YORK agrees to give a consideration other than the payment of
43 money, when the value or reasonably estimated value of such consider-
44 ation exceeds ten thousand dollars, shall not become a valid enforceable
45 contract unless such contract or other instrument shall first be
46 approved by the comptroller and filed in his office.
47 S 4. Paragraph a of subdivision 1 of section 139-j of the state
48 finance law, as amended by chapter 4 of the laws of 2010, is amended to
49 read as follows:
50 a. "Governmental entity" shall mean: (1) any department, board,
51 bureau, commission, division, office, council, committee or officer of
52 the state, whether permanent or temporary, OTHER THAN THE STATE UNIVER-
53 SITY OF NEW YORK; (2) each house of the state legislature; (3) the
54 unified court system; (4) any public authority, public benefit corpo-
55 ration or commission created by or existing pursuant to the public
56 authorities law; (5) any public authority or public benefit corporation,
A. 6447 14
1 at least one of whose members is appointed by the governor or who serves
2 as a member by virtue of holding a civil office of the state; (6) a
3 municipal agency, as that term is defined in paragraph (ii) of subdivi-
4 sion (s) of section one-c of the legislative law; or (7) a subsidiary or
5 affiliate of such a public authority.
6 S 5. Paragraph a of subdivision 1 of section 139-k of the state
7 finance law, as amended by chapter 4 of the laws of 2010, is amended to
8 read as follows:
9 a. "Governmental entity" shall mean: (1) any department, board,
10 bureau, commission, division, office, council, committee or officer of
11 the state, whether permanent or temporary, OTHER THAN THE STATE UNIVER-
12 SITY OF NEW YORK; (2) each house of the state legislature; (3) the
13 unified court system; (4) any public authority, public benefit corpo-
14 ration or commission created by or existing pursuant to the public
15 authorities law; (5) a public authority or public benefit corporation,
16 at least one of whose members is appointed by the governor or who serves
17 as a member by virtue of holding a civil office of the state; (6) munic-
18 ipal agency, as that term is defined in paragraph (ii) of subdivision
19 (s) of section one-c of the legislative law; or (7) a subsidiary or
20 affiliate of such a public authority.
21 S 6. Paragraph e of subdivision 4 of section 163 of the state finance
22 law, as amended by section 5 of part L of chapter 55 of the laws of
23 2012, is amended to read as follows:
24 e. [The commissioner is authorized to permit purchases of services for
25 authorized users through the office of general services' centralized
26 contracts. Such authorized users so empowered shall accept sole respon-
27 sibility for any payment due with respect to such purchases.] ANY OFFI-
28 CER, BODY OR AGENCY OF A POLITICAL SUBDIVISION AS DEFINED IN SECTION ONE
29 HUNDRED OF THE GENERAL MUNICIPAL LAW OR A DISTRICT THEREIN AND ANY NON-
30 PROFIT CORPORATION ORGANIZED IN FURTHERANCE OF THE OBJECTS AND PURPOSES
31 OF THE STATE UNIVERSITY OF NEW YORK, MAY MAKE PURCHASES OF SERVICES
32 THROUGH THE OFFICE OF GENERAL SERVICES' CENTRALIZED CONTRACTS FOR
33 SERVICES, SUBJECT, IN THE CASE OF SUCH POLITICAL SUBDIVISIONS, TO THE
34 PROVISIONS OF SECTION ONE HUNDRED FOUR OF THE GENERAL MUNICIPAL LAW;
35 PROVIDED, HOWEVER, THAT IN THE CASE OF ANY NON-PROFIT CORPORATION ORGAN-
36 IZED IN FURTHERANCE OF THE OBJECTS AND PURPOSES OF THE STATE UNIVERSITY
37 OF NEW YORK, IT SHALL ACCEPT SOLE RESPONSIBILITY FOR ANY PAYMENT DUE
38 WITH RESPECT TO SUCH PURCHASE AND PROVIDED, FURTHER THAT SERVICES SO
39 PURCHASED BY ANY SUCH NON-PROFIT CORPORATION SHALL NOT BE USED DIRECTLY
40 OR INDIRECTLY BY A FOR-PROFIT CORPORATION OR OTHER FOR-PROFIT ENTITY
41 WHICH CONTRACTS WITH THE NON-PROFIT ORGANIZATION. THE COMMISSIONER MAY
42 PERMIT AND PRESCRIBE THE CONDITIONS FOR THE PURCHASE OF SERVICES THROUGH
43 THE OFFICE OF GENERAL SERVICES' CENTRALIZED CONTRACTS FOR SERVICES BY
44 ANY PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPORATION OF THE STATE INCLUD-
45 ING THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, OR ANY NON-PROFIT
46 CORPORATION ORGANIZED IN FURTHERANCE OF THE OBJECTS AND PURPOSES OF THE
47 STATE UNIVERSITY OF NEW YORK. THE COMMISSIONER IS AUTHORIZED TO PERMIT
48 ANY PUBLIC LIBRARY, ASSOCIATION LIBRARY, LIBRARY SYSTEM, COOPERATIVE
49 LIBRARY SYSTEM, THE NEW YORK LIBRARY ASSOCIATION, AND THE NEW YORK STATE
50 ASSOCIATION OF LIBRARY BOARDS OR ANY OTHER LIBRARY EXCEPT THOSE WHICH
51 ARE OPERATED BY FOR-PROFIT ENTITIES, TO MAKE PURCHASES OF SERVICES
52 THROUGH THE OFFICE OF GENERAL SERVICES' CENTRALIZED CONTRACTS; PROVIDED,
53 HOWEVER, THAT SUCH ENTITY SO EMPOWERED SHALL ACCEPT SOLE RESPONSIBILITY
54 FOR ANY PAYMENT DUE WITH RESPECT TO SUCH PURCHASE.
A. 6447 15
1 S 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 S 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 S 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 S 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 of
A. 6447 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 S 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 S 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. 6447 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 S 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 be
20 submitted to the attorney general for his approval as to its form,
21 contents 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 S 2. This act shall take effect immediately.
30 S 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 S 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 S 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.