Bill Text: NY A08331 | 2011-2012 | General Assembly | Introduced
Bill Title: Authorizes the lease of lands located at the State University of New York at Albany.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-01-04 - referred to higher education [A08331 Detail]
Download: New_York-2011-A08331-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
8331
2011-2012 Regular Sessions
I N A S S E M B L Y
June 13, 2011
___________
Introduced by M. of A. McENENY, CANESTRARI, REILLY, TEDISCO -- read once
and referred to the Committee on Higher Education
AN ACT in relation to authorizing the lease of lands located at the
state university of New York at Albany
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Legislative findings. The legislature finds that the state
2 university of New York at Albany, ("University") is in need of addi-
3 tional facilities to fulfill its legislatively mandated mission of
4 research, education, and workforce training. Specifically, additional
5 instructional, laboratory, and residential and support spaces are
6 required to support the academic and research programs of the Universi-
7 ty, including those necessary to realize a Biomedical and Information
8 Innovation Research initiative and those necessary for a growth and
9 revitalization initiative for the University's Alumni Quad, a residen-
10 tial complex in the Education District of the City of Albany, both
11 initiatives (hereinafter described as "the project") to be funded, in
12 part, by active partnerships between government and private industry.
13 Furthermore, these activities will promote enhanced research, technology
14 deployment, improved undergraduate education, neighborhood revitaliza-
15 tion, and economic outreach across the capital region of New York state.
16 The legislature further finds that granting the trustees of the state
17 university of New York the authority and power to lease and otherwise
18 contract to make available grounds and facilities of the campus of the
19 state university of New York at Albany will ensure such activity will
20 promote enhanced research, technology deployment, improved undergraduate
21 education, neighborhood revitalization, and economic outreach across the
22 capital region of New York state.
23 S 2. As used in this act "the UA Corporation" shall mean the Universi-
24 ty at Albany Development Corporation, which will be a not-for-profit
25 corporation established for the purpose of facilitating the educational,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13062-01-1
A. 8331 2
1 research and economic development activities related to the mission of
2 the state university of New York by constructing, developing and operat-
3 ing facilities which support economic development, academic and research
4 activities and the mission of the state university of New York and its
5 University at Albany campus.
6 S 3. Notwithstanding any other law to the contrary, the state univer-
7 sity trustees are hereby authorized and empowered, without any public
8 bidding, to lease and otherwise contract to make available to the UA
9 Corporation a portion of the lands of the state university of New York
10 at Albany generally described as all that real property consisting of
11 approximately 25 acres of land on the Uptown and Alumni Quad campuses of
12 the University at Albany, for the purpose of constructing and operating
13 research, education, residential, and student support facilities to
14 provide additional instructional, laboratory, residential, and student
15 support spaces required to support the academic programs and the mission
16 of the state university of New York. Such lease or contract shall be for
17 a period not exceeding 40 years without any fee simple conveyance and
18 otherwise upon terms and conditions determined by such trustees, subject
19 to the approval of the director of the division of the budget, the
20 attorney general and the state comptroller. In the event that the real
21 property that is the subject of such lease or contract shall cease to be
22 used for the purpose described in this act, such lease or contract shall
23 immediately terminate and the real property and any improvements thereon
24 shall revert to the state university of New York. Any lease or contract
25 entered into pursuant to this act shall provide that the real property
26 that is the subject of such lease or contract and any improvements ther-
27 eon shall revert to the state university of New York on the expiration
28 of such contract or lease.
29 S 4. Any contract or lease entered into pursuant to this act shall be
30 deemed to be a state contract for purposes of article 15-A of the execu-
31 tive law, and any contractor, subcontractor, lessee or sublessee enter-
32 ing into such contract or lease for the construction, demolition, recon-
33 struction, excavation, rehabilitation, repair, renovation, alteration or
34 improvement authorized pursuant to this act shall be deemed a state
35 agency for the purposes of article 15-A of the executive law and subject
36 to the provisions of such article.
37 S 5. Notwithstanding any general, special or local law or judicial
38 decision to the contrary, all work performed on a project authorized by
39 this act where all or any portion thereof involves a lease or agreement
40 for construction, demolition, reconstruction, excavation, rehabili-
41 tation, repair, renovation, alteration or improvement shall be deemed
42 public work and shall be subject to and performed in accordance with the
43 provisions of article 8 of the labor law to the same extent and in the
44 same manner as a contract of the state, and compliance with all the
45 provisions of article 8 of the labor law shall be required of any
46 lessee, sublessee, contractor and/or subcontractor performing on the
47 project, including the enforcement of prevailing wage requirements by
48 the fiscal officer as defined in paragraph e of subdivision 5 of section
49 220 of the labor law to the same extent as a contract of the state.
50 S 6. Nothing in this act shall be deemed to waive or impair any rights
51 or benefits of employees of the state university of New York that other-
52 wise would be available to them pursuant to the terms of agreements
53 between the certified representatives of such employees and the state of
54 New York pursuant to article 14 of the civil service law; all work
55 performed on such property that ordinarily would be performed by employ-
A. 8331 3
1 ees subject to article 14 of the civil service law shall continue to be
2 performed by such employees.
3 S 7. Notwithstanding the provisions of any general, special, or local
4 law or judicial decision to the contrary:
5 (a) The UA Corporation may require a contractor awarded a contract,
6 subcontract lease, grant, bond, covenant or other agreement for any
7 single construction project exceeding ten million dollars in the aggre-
8 gate, for which more than twenty-five percent of such aggregate amount
9 is to be paid from appropriations furnished by the state of New York or
10 the state university of New York, to enter into a project labor agree-
11 ment during and for the work involved with such project when such
12 requirement is part of UA Corporation request for proposals for the
13 project and when UA Corporation determines that the record supporting
14 the decision to enter into such an agreement establishes that the inter-
15 ests underlying the competitive bidding laws are best met by requiring a
16 project labor agreement including: obtaining the best work at the
17 lowest possible price; preventing favoritism, fraud and corruption; the
18 impact of delay; the possibility of cost savings; and any local history
19 of labor unrest. For the purposes of this act, "project labor agreement"
20 shall mean work at the property authorized by this act to be leased to
21 the UA Corporation as described in this act that involves the design,
22 construction, reconstruction, demolition, excavating, rehabilitation,
23 repair, renovation, alteration or improvements.
24 (b) If the UA Corporation does not require a project labor agreement,
25 then any contractor, subcontractor, lease, grant, bond, covenant or
26 other agreements for a project shall be awarded pursuant to section 135
27 of the state finance law.
28 S 8. Without limiting the determination of the terms and conditions of
29 such contracts or leases, such terms and conditions may provide for
30 leasing, subleasing, construction, reconstruction, rehabilitation,
31 improvement, operation and management of and provision of services and
32 assistance and the granting of licenses, easements and other arrange-
33 ments with regard to such grounds and facilities by the UA Corporation,
34 and parties contracting with the UA Corporation, and, in connection with
35 such activities, the obtaining of funding or financing, whether public
36 or private, unsecured or secured (including, but not limited to, secured
37 by leasehold mortgages and assignments of rents and leases), by the UA
38 Corporation and parties contracting with the UA Corporation for the
39 purposes of completing the project described in this act.
40 S 9. Such lease shall include an indemnity provision whereby the
41 lessee or sublessee promises to indemnify, hold harmless and defend the
42 lessor against all claims, suits, actions, and liability to all persons
43 on the leased premises, including tenant, tenant's agents, contractors,
44 subcontractors, employees, customers, guests, licensees, invitees and
45 members of the public, for damage to any such person's property, whether
46 real or personal, or for personal injuries arising out of tenant's use
47 or occupation of the demised premises.
48 S 10. The property authorized by this act to be leased to the UA
49 Corporation is generally described as those parcels of real property
50 with improvements thereon, consisting of a total of approximately 25
51 acres, situated on the Uptown and Alumni campuses of the state universi-
52 ty of New York at Albany. The descriptions in this section of the
53 parcels to be made available pursuant to this act are not meant to be
54 legal descriptions, but are intended only to generally identify the
55 parcels:
A. 8331 4
1 FIRST PARCEL: All or portions of that tract, piece or parcel of land
2 situate on the Uptown Campus of the state university of New York at
3 Albany, portions of which lie in the Town of Guilderland, County of
4 Albany, State of New York and portions of which lie in the City of Alba-
5 ny, County of Albany, State of New York, the total consisting of approx-
6 imately 14.5 acres, subject to any and all easements, restrictions, and
7 rights of way of record, and being more particularly bounded on the
8 south by Justice Drive, on the west by Chemistry Lane and Life Sciences
9 Lane, on the north by State Drive, and on the east by University Drive.
10 SECOND PARCEL: All or portions of that tract, piece or parcel of land
11 situate on the Alumni Quad Campus of the state university of New York at
12 Albany in the City of Albany, County of Albany, State of New York,
13 consisting of approximately 10.5 acres, subject to any and all ease-
14 ments, restrictions, and rights of way of record, and being more partic-
15 ularly bounded on the south by Western Avenue, on the west by O'Leary
16 Boulevard, on the north by State Street, and on the east by Ontario
17 Street.
18 S 11. The state university of New York shall not lease lands described
19 in this act unless any such lease shall be executed within three years
20 of the effective date of this act.
21 S 12. Insofar as the provisions of this act are inconsistent with the
22 provisions of any law, general, special or local, the provisions of this
23 act shall be controlling.
24 S 13. This act shall take effect immediately.
