Bill Text: NY A00340 | 2011-2012 | General Assembly | Amended
Bill Title: Authorizes the lease of lands located at the state university of New York at Purchase for a senior learning community.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-08-17 - signed chap.405 [A00340 Detail]
Download: New_York-2011-A00340-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
340--A
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. PAULIN, SPANO, LUPARDO, CASTELLI -- read once and
referred to the Committee on Higher Education -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
AN ACT to authorize the lease of lands located at the state university
of New York at Purchase
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
2 provision of a senior learning community upon the grounds of the state
3 university of New York at Purchase is appropriate to further the objec-
4 tives and purposes of the state university of New York. The legislature
5 further finds that granting the trustees of the state university of New
6 York the authority and power to lease and otherwise contract to make
7 available grounds and facilities of the campus of the state university
8 of New York at Purchase will ensure the availability of such senior
9 learning community, and also promote the effective use of such grounds
10 and facilities.
11 S 2. The trustees of the state university of New York are hereby
12 authorized to lease without any public bidding a portion of the lands of
13 the state university of New York at Purchase generally described in this
14 act to the Purchase college advancement corporation, a not-for-profit
15 corporation, upon such terms and conditions as the trustees deem advis-
16 able, for an initial term not to exceed forty years or for such time as
17 may be necessary to complete repayment of any debt related to the
18 projects described in this act, whichever is shorter. In the event that
19 the real property which is the subject of such lease or contract shall
20 cease to be used for the purposes described in this act, said lease
21 shall immediately terminate and the real property and any improvements
22 thereon shall revert to the state university of New York. Any contract
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02543-04-1
A. 340--A 2
1 or lease entered into pursuant to this act shall provide that the real
2 property which is the subject of such lease or contract and any improve-
3 ments thereon shall revert to the state university of New York upon the
4 expiration of such lease. The description of the parcels to be leased
5 pursuant to such section are not meant to be legal descriptions, but are
6 intended only to identify the parcels and improvements to be leased for
7 purposes consistent with the mission of the state university of New York
8 at Purchase.
9 S 3. For the purposes of this act: (a) "project" shall mean work at
10 the property authorized by this act to be leased to the Purchase college
11 advancement corporation as described in section fourteen of this act
12 that involves the design, construction, reconstruction, demolition,
13 excavating, rehabilitation, repair, renovation, alteration or improve-
14 ment of a senior learning community.
15 (b) "project labor agreement" shall mean a pre-hire collective
16 bargaining agreement between a contractor and a labor organization,
17 establishing the labor organization as the collective bargaining repre-
18 sentative for all persons who will perform work on the project, and
19 which provides that only contractors and subcontractors who sign a pre-
20 negotiated agreement with the labor organization can perform project
21 work.
22 S 4. Notwithstanding the provisions of any general, special, or local
23 law or judicial decision to the contrary:
24 (a) The Purchase college advancement corporation may require a
25 contractor awarded a contract, subcontract, lease, grant, bond, covenant
26 or other agreement for a project to enter into a project labor agreement
27 during and for the work involved with such project when such requirement
28 is part of the Purchase college advancement corporation's request for
29 proposals for the project and when the Purchase college advancement
30 corporation determines that the record supporting the decision to enter
31 into such an agreement establishes that the interests underlying the
32 competitive bidding laws are best met by requiring a project labor
33 agreement including: obtaining the best work at the lowest possible
34 price; preventing favoritism, fraud and corruption; the impact of delay;
35 the possibility of cost savings; and any local history of labor unrest.
36 (b) If the Purchase college advancement corporation does not require a
37 project labor agreement, then any contractor, subcontractor, lease,
38 grant, bond, covenant or other agreements for a project shall be awarded
39 pursuant to section 135 of the state finance law.
40 (c) Any contract to which the Purchase college advancement corporation
41 is a party, and any contract entered into by a third party acting in
42 place of, on behalf of and for the benefit of the Purchase college
43 advancement corporation pursuant to any lease, permit or other agreement
44 between such third party and the Purchase college advancement corpo-
45 ration, for a project deemed a public works project for the purposes of
46 article 8 of the labor law, and shall be subject to all of the
47 provisions of article 8 of the labor law, including the enforcement of
48 prevailing wage requirements by the fiscal officer as defined in para-
49 graph e of subdivision 5 of section 220 of the labor law to the same
50 extent as a contract of the state.
51 (d) Every contract entered into by the Purchase college advancement
52 corporation for a project shall contain a provision that the contractor
53 shall furnish a labor and material bond guaranteeing prompt payment of
54 moneys that are due to all persons furnishing labor and materials pursu-
55 ant to the requirements of any contracts for a project undertaken pursu-
56 ant to this section and a performance bond for the faithful performance
A. 340--A 3
1 of the project, which shall conform to the provisions of section 103-f
2 of the general municipal law, and that a copy of such performance and
3 payment bonds shall be kept by the Purchase college advancement corpo-
4 ration and shall be open to public inspection.
5 (e) For the purposes of article 15-A of the executive law, any indi-
6 vidual, public corporation or authority, private corporation, limited
7 liability company or partnership or other entity entering into a
8 contract, subcontract, lease, grant, bond, covenant or other agreement
9 for a project authorized pursuant to this section shall be deemed a
10 state agency as that term is defined in such article and such contracts
11 shall be deemed state contracts within the meaning of that term as set
12 forth in such article.
13 (f) Whenever the Purchase college advancement corporation enters into
14 a contract, subcontract, lease, grant, bond, covenant or other agreement
15 for a project undertaken pursuant to this act, the Purchase college
16 advancement corporation shall consider the financial and organizational
17 capacity of contractors and subcontractors in relation to the magnitude
18 of work they may perform, the record of performance of contractors and
19 subcontractors on previous work, the record of contractors and subcon-
20 tractors in complying with existing labor standards and maintaining
21 harmonious labor relations, and the commitment of contractors to work
22 with minority and women owned business enterprises pursuant to article
23 15-A of the executive law through joint ventures or subcontractor
24 relationships.
25 S 5. The Purchase college advancement corporation shall require that
26 whenever work is performed under this section, the contractors and
27 subcontractors shall have apprenticeship programs appropriate for the
28 type and scope of work to be performed, that have been registered with
29 and approved by the commissioner of labor pursuant to article 23 of the
30 labor law. Additionally, it must be demonstrated that the apprenticeship
31 program has made significant efforts to attract and retain minority
32 apprentices, as determined by affirmative action goals established for
33 such programs by the department of labor.
34 S 6. Whenever the Purchase college advancement corporation enters into
35 a contract under which employees are employed to perform building
36 service work, as that term is defined in section 230 of the labor law,
37 such work shall be subject to article 9 of the labor law to the same
38 extent as building services work performed pursuant to a contract with a
39 public agency.
40 S 7. Whenever employees perform work at the senior learning community
41 other than work performed under sections four and six of this act, such
42 employees shall be paid by their employer no less than the median hourly
43 wage for "all occupations" in the metropolitan statistical area closest
44 to the project location, published by the United States bureau of labor
45 statistics, for the duration of the lease term. All of the provisions
46 of article 9 of the labor law shall apply. Employers shall be subject to
47 the requirements of contractors under article 9 of the labor law.
48 S 8. All developers must have entered into an agreement with the labor
49 organization or organizations that is/are actively engaged in represent-
50 ing and attempting to represent food and beverage, housekeeping, or
51 other service employees in the state university of New York at Purchase
52 area that is valid and enforceable under 29 U.S.C. section 185(a) and
53 that prohibits any strikes, picketing or other economic interference
54 with such food and beverage, housekeeping, or other service operations
55 and ensures that any such operations that are conducted by contractors,
56 subcontractors, licensees, assignees, tenants or subtenants, shall be
A. 340--A 4
1 done under contracts enforceable under 29 U.S.C. section 185(a) contain-
2 ing the same provisions as specified above.
3 S 9. Notwithstanding any other provision of this act, an employer and
4 employee organization of the senior learning community may enter into an
5 agreement which shall: (1) confer jurisdiction of the New York state
6 employment relations board; (2) provide for participation in an agree-
7 ment for the designation of collective bargaining under subdivision 1 of
8 section 705 of the labor law, commonly known as card check; and (3)
9 impose no strike provisions as set forth in subdivision two of this
10 section. Upon execution of such an agreement by both parties containing
11 all of the provisions set forth in this subdivision, the agreement shall
12 be binding and enforceable against both parties.
13 S 10. Nothing in this act shall be deemed to waive or impair any
14 rights or benefits of employees of the state university of New York that
15 otherwise would be available to them pursuant to the terms of agreements
16 between the certified representatives of such employees and the state of
17 New York pursuant to article 14 of the civil service law; all work
18 performed on such property that would ordinarily be performed by employ-
19 ees subject to article 14 of the civil service law shall continue to be
20 performed by such employees.
21 S 11. Without limiting the determination of such terms and conditions
22 by said trustees, such terms and conditions may provide for leasing,
23 construction, reconstruction, rehabilitation, improvement, operation and
24 management of and provision of services and assistance and granting of
25 licenses, easements and other arrangements with regard to such grounds
26 and facilities by the Purchase college advancement corporation and
27 parties contracting with the Purchase college advancement corporation
28 and, in connection with such activities, the obtaining of financing,
29 whether public or private or secured (including but not limited to,
30 secured by leasehold mortgages and assignments of rents and leases), by
31 the Purchase college advancement corporation and parties contracting
32 with the Purchase college advancement corporation, for the purposes of
33 completing the projects described in this act.
34 Parcel C shall be leased for the development of not more than 385
35 units of a senior learning community.
36 S 12. Any contracts entered into pursuant to this act between the
37 Purchase college advancement corporation and parties contracting with
38 the Purchase college advancement corporation shall be awarded by a
39 competitive process.
40 S 13. (a) Any contracts or leases entered into by the state university
41 of New York or the Purchase college advancement corporation pursuant to
42 this act shall be subject to approval of the attorney general as to form
43 as well as by the director of the budget and the state comptroller. Any
44 and all proceeds relating to the leases authorized by this act shall be
45 allocated by the board of trustees for Purchase college, state universi-
46 ty of New York, in the following manner: seventy-five percent to the
47 student financial aid for students who are eligible to receive a tuition
48 assistance award or supplemental tuition assistance pursuant to section
49 667 or 667-a of the education law and twenty-five percent to support
50 additional full-time faculty positions.
51 (b) The trustees of the state university of New York shall, on or
52 before July first of each year that a lease of lands as authorized by
53 this act remains in effect, report to the governor, the temporary presi-
54 dent of the senate, the speaker of the assembly, the director of the
55 division of the budget, the senate finance committee, the assembly ways
56 and means committee and the higher education committees of the legisla-
A. 340--A 5
1 ture the following information: (i) all proceeds derived from any lease
2 authorized by this act with a description of how such proceeds have been
3 allocated that year under subdivision (a) of this section; (ii) the
4 amount of funds spent at the state university of New York at Purchase
5 for additional full-time faculty positions and the number of additional
6 faculty positions associated with such amount; and (iii) the amount of
7 funds spent at the state university of New York at Purchase for student
8 scholarships, the total number of students receiving such scholarships
9 and the number of students receiving such scholarships within the
10 following income, as defined in section 663 of the education law, cate-
11 gories: (A) 0-20,000 dollars; (B) 20,001-40,000 dollars; (C)
12 40,001-60,000 dollars; and (D) 60,001-80,000 dollars.
13 S 14. The property authorized by this act to be leased to the Purchase
14 college advancement corporation is generally described as a parcel of
15 real property with improvements thereon, consisting of approximately
16 40.5 acres, situated on the campus of the state university of New York
17 at Purchase. The description in this section of the land to be leased is
18 not a legal description, but is intended only to identify the premises
19 to be leased for purposes consistent with the mission of the state
20 university of New York at Purchase:
21 Parcel C
22 ALL that plot, piece or parcel of land situate and being in the Town of
23 Harrison, County of Westchester and State of New York, bounded and
24 described as follows:
25 BEGINNING at a point at the southeasterly corner of the herein described
26 Lease Parcel C, said point being located, N 80 51' 39" W 163.33 feet, N
27 81 12' 39" W 4.91 feet, N 02 00' 00" W 407.31 feet and N 00 19' 17" E
28 62.93 feet from the point of beginning of Parcel #1 as shown on a map
29 entitled, "Department of Education, State University of New York, State
30 University College at Westchester, Map #1, Parcels 1, 2 and 3", dated
31 and filed in the office of the Department of Public Works, May 27, 1966;
32 thence through Parcel #1 along the northerly and easterly side of West
33 Road, N 79 50' 00" W 285.54 feet, northwesterly on a curve to the right
34 of radius 743.00 feet, an arc length of 988.36 feet, having a chord
35 bearing N 41 43' 30" W 917.09 feet, N 03 37' 00" W 178.77 feet, N 06
36 55' 00" E 1326.17 feet and northwesterly on a curve to the left of radi-
37 us 592.00 feet, an arc length of 172.61 feet, having a chord bearing N
38 01 26' 11" W 172.00 feet to a point; thence leaving the easterly side
39 of West Road and continuing through Parcel #1, N 77 18' 00" E 130.00
40 feet, N 82 12' 00" E 140.00 feet, S 09 47' 00" E 364.83 feet, S 69
41 00' 00" E 463.42 feet, S 00 02' 00" E 369.54 feet, S 27 40' 00" W
42 194.81 feet, S 79 51' 00" E 154.52 feet, S 10 39' 00" W 325.93 feet, S
43 03 48' 00" E 310.96 feet, S 04 45' 00" W 271.62 feet, S 01 38' 00" E
44 142.45 feet and S 03 04' 00" W 311.20 feet to the point or place of
45 beginning.
46 CONTAINING 40.05 ACRES OF LAND
47 S 15. The state university of New York shall not lease lands described
48 in this act unless a contract is executed by the Purchase college
49 advancement corporation or lessee for a project pursuant to this act
50 within three years of the effective date of this act.
51 S 16. Any lease or other agreement executed pursuant to this act shall
52 include an indemnity provision whereby the lessee or sublessee promises
53 to indemnify, hold harmless, and defend the lessor against all claims,
54 suits, actions, and liability to all persons on the leased premises,
55 including tenant, tenant's agents, contractors, subcontractors, employ-
A. 340--A 6
1 ees, customers, guests, licensees, invitees, and members of the public,
2 for damage to any such person's property, whether real or personal, or
3 for personal injuries arising out of tenant's use or occupation of the
4 demised premises.
5 S 17. Insofar as the provisions of this act are inconsistent with the
6 provisions of any law, general, special or local, the provisions of this
7 act shall be controlling; provided, however, that all leases, contracts,
8 financing, granting of licenses, easements, and other arrangements with
9 regard to a project pursuant to this act shall be subject to the
10 provisions of article 8 of the environmental conservation law.
11 S 18. The state university trustees are hereby authorized and directed
12 to designate and maintain a minimum of 80 acres of real property located
13 within the boundaries of the campus of the state university of New York
14 at Purchase for permanent preservation as open space lands.
15 S 19. All real property included in section eighteen of this act shall
16 be maintained for one or more of the following purposes:
17 (a) open space lands and natural areas for maintaining plants, animals
18 and natural communities; and
19 (b) an area of natural or historic interest and beauty which provides
20 the public with passive recreational opportunities.
21 S 20. (a) The state university trustees shall cause to be undertaken a
22 survey of the real property included in section nineteen of this act.
23 Such survey shall be completed and made available to the legislature and
24 the public not later than six months after the effective date of this
25 act.
26 (b) The state university trustees shall develop, in consultation with
27 the department of environmental conservation, a stewardship plan for the
28 maintenance of the real property included in section nineteen of this
29 act as open lands. Such plan shall be completed and made available to
30 the public not later than six months after the effective date of this
31 act.
32 S 21. (a) Any contract or leases entered into by the state university
33 of New York or the Purchase college advancement corporation pursuant to
34 this act shall provide that not less than 20 percent of the units in the
35 senior learning community must, upon the initial rental of the units and
36 upon all subsequent rentals of the units after a vacancy, be affordable
37 to and occupied or available for occupancy by individuals or families
38 whose incomes at the time of initial occupancy do not exceed 80 percent
39 of the median household income for the county of Westchester as calcu-
40 lated by the United States census bureau.
41 (b) All affordable units must be geographically integrated with the
42 market rate units and residents of such units shall be provided with and
43 have access to the services and amenities available to other residents
44 in the development.
45 (c) Residents of the county where the development is located shall
46 have priority for the rental of 50 percent of the affordable units,
47 provided they meet the income requirements of this section.
48 S 22. This act shall take effect immediately.
