Bill Text: NY A10456 | 2023-2024 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Authorizes the lease of certain lands on the SUNY Albany campus for the Albany NanoTech Complex.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2024-06-07 - substituted by s9738a [A10456 Detail]
Download: New_York-2023-A10456-Introduced.html
Bill Title: Authorizes the lease of certain lands on the SUNY Albany campus for the Albany NanoTech Complex.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2024-06-07 - substituted by s9738a [A10456 Detail]
Download: New_York-2023-A10456-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10456 IN ASSEMBLY May 28, 2024 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Fahy, McDo- nald) -- read once and referred to the Committee on Higher Education AN ACT in relation to authorizing the lease of certain lands for the Albany NanoTech Complex 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 ("UAlbany") seeks to use a portion of 3 the grounds and facilities on the UAlbany campus for the purposes of the 4 Albany NanoTech Complex. The New York Center for Research, Economic 5 Advancement, Technology, Engineering and Science Corporation (hereinaft- 6 er referred to as "NY CREATES"), is the owner and operator of the Albany 7 NanoTech Complex, the nation's largest and most advanced semiconductor 8 R&D facility that brings together industry leaders, academia and inter- 9 national partners to develop next-generation chips and chip fabrication 10 processes, and is focused on facilitating industry and public-private 11 partnerships for next-generation semiconductor technology R&D, commer- 12 cialization, regional economic development and workforce development 13 projects. NY CREATES is the parent company of Fuller Road Management 14 Corporation, a 501(c)(25) corporation established for the purpose of 15 holding real estate for projects of the State University of New York at 16 Albany. UAlbany is one of the most diverse public research institutions 17 in the nation and a national leader in educational equity and social 18 mobility. As a Carnegie-classified R1 institution, UAlbany faculty and 19 students advance our understanding of the world in fields such as arti- 20 ficial intelligence, semiconductors, atmospheric and environmental 21 sciences, public health, emergency preparedness, engineering, the social 22 sciences, humanities, and social welfare. At its founding in 2004, 23 UAlbany's College of Nanotechnology, Science, and Engineering was the 24 first in the nation devoted specifically to the study of nanotechnology 25 and was a critical academic partner in the development of NY CREATES' 26 Albany NanoTech Complex. The University's diverse student body combined 27 with its broad research portfolio put it in a uniquely strong position EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15762-01-4A. 10456 2 1 to play a major role in diversifying the next generation of New York's 2 STEM workforce. 3 The legislature further finds that UAlbany and NY CREATES have under- 4 gone long-term collaborations in: (i) fundamental and applied research 5 projects utilizing the equipment and expertise available in both organ- 6 izations; (ii) workforce development and training programs to grow the 7 next generation of semiconductor engineers and technicians; and, (iii) 8 joint technology commercialization efforts to expand the market for 9 intellectual property. 10 The legislature further finds that the ground lease authorized by this 11 legislation would benefit UAlbany, SUNY, and the State of New York by 12 advancing: (1) Opportunities for UAlbany and other SUNY faculty and 13 students to collaborate with NY CREATES, industry and government profes- 14 sionals to develop innovative academic programing and advance workforce 15 development initiatives while promoting NY CREATES' Albany NanoTech 16 Complex nationally and globally to grow its reputation; (2) Continued 17 support of UAlbany's and other SUNY academic partnerships with external 18 consortiums with industry, and government agencies nationally and inter- 19 nationally; (3) Collaboration on programs to train next generation semi- 20 conductor engineers and technicians, providing students with hands-on 21 experience and industry-relevant skills through internships, co-op 22 programs, and collaborative research projects, and to cohost events, 23 workshops, and seminars aimed at fostering entrepreneurship, creativity, 24 and innovation; and (4) Pursuit of opportunities for public and private 25 partnerships to fund joint and collaborative research initiatives, 26 economic development opportunities, technology transfer programs, and 27 infrastructure development projects that benefit UAlbany, SUNY, and NY 28 CREATES. 29 § 2. Notwithstanding any other law to the contrary, the state univer- 30 sity trustees are authorized and empowered, without any public bidding, 31 to lease and otherwise contract to make available to the Fuller Road 32 Management Corporation a portion of the lands of the university general- 33 ly described in this act for the purposes of the Albany NanoTech 34 Complex. Such lease or contract shall be without any fee simple convey- 35 ance and otherwise upon terms and conditions determined by such trus- 36 tees, subject to the approval of the director of the division of the 37 budget, the attorney general and the state comptroller. In the event 38 that the real property that is the subject of such lease or contract 39 shall cease to be used for the purpose described in this act, such lease 40 or contract shall immediately terminate, and the real property and any 41 improvements thereon shall revert to the state university of New York. 42 Any lease or contract entered into pursuant to this act shall be for a 43 period not exceeding forty years, and provide that the real property 44 that is the subject of such lease or contract and any improvements ther- 45 eon shall revert to the state university of New York on the expiration 46 of such contract or lease. 47 § 3. Any contract or lease entered into pursuant to this act shall be 48 deemed to be a state contract for purposes of article 15-A of the execu- 49 tive law, and any contractor, subcontractor, lessee or sublessee enter- 50 ing into such contract or lease for the construction, demolition, recon- 51 struction, excavation, rehabilitation, repair, renovation, alteration or 52 improvement authorized pursuant to this act shall be deemed a state 53 agency for the purposes of article 15-A of the executive law and subject 54 to the provisions of such article. 55 § 4. Notwithstanding any general, special or local law or judicial 56 decision to the contrary, all work performed on a project authorized byA. 10456 3 1 this act where all or any portion thereof involves a lease or agreement 2 for construction, demolition, reconstruction, excavation, rehabili- 3 tation, repair, renovation, alteration or improvement shall be deemed 4 public work and shall be subject to and performed in accordance with the 5 provisions of article 8 of the labor law to the same extent and in the 6 same manner as a contract of the state, and compliance with all the 7 provisions of article 8 of the labor law shall be required of any 8 lessee, sublessee, contractor or subcontractor on the project, including 9 the enforcement of prevailing wage requirements by the fiscal officer as 10 defined in paragraph e of subdivision 5 of section 220 of the labor law 11 to the same extent as a contract of the state. 12 § 5. Notwithstanding any law, rule or regulation to the contrary, the 13 state university of New York shall not contract out to the ground lessee 14 or any subsidiary for the instruction or any pedagogical functions or 15 services, or any administrative services, and similar professional 16 services currently being exclusively performed by state employees. All 17 such functions and services shall be performed by state employees pursu- 18 ant to the civil service law. Nothing in this act shall result in the 19 displacement of any currently employed state worker or the loss of posi- 20 tion (including partial displacement such as reduction in the hours of 21 non-overtime, wages or employment benefits), or result in the impairment 22 of existing contracts for services or collective bargaining rights 23 pursuant to existing agreements. All positions currently at the state 24 university of New York in the unclassified service of the civil service 25 law shall remain in the unclassified service. 26 § 6. For the purposes of this act the following terms shall have the 27 following meanings: 28 (a) "Project" shall mean work at the property authorized by this act 29 to be leased to the ground lessee as described in section twelve of this 30 act that involves the design, construction, reconstruction, demolition, 31 excavation, rehabilitation, repair, renovation, alteration or improve- 32 ment of such property. 33 (b) "Project labor agreement" shall mean a pre-hire collective 34 bargaining agreement between a contractor and a labor organization, 35 establishing the labor organization as the collective bargaining repre- 36 sentative for all persons who will perform work on the project, and 37 which provides that only contractors and subcontractors who sign a pre- 38 negotiated agreement with the labor organization can perform project 39 work. 40 (c) "Ground lessee" shall mean the Fuller Road Management Corporation. 41 § 7. Nothing in this act shall be deemed to waive or impair any rights 42 or benefits of employees of the state university of New York that other- 43 wise would be available to them pursuant to the terms of agreements 44 between the certified representatives of such employees and the state of 45 New York pursuant to article 14 of the civil service law, and all work 46 performed on such property that ordinarily would be performed by employ- 47 ees subject to article 14 of the civil service law shall continue to be 48 performed by such employees. 49 § 8. Notwithstanding the provisions of any general, special, or local 50 law or judicial decision to the contrary, the ground lessee shall 51 require the use of a project labor agreement, as defined in subdivision 52 1 of section 222 of the labor law, for all contractors and subcontrac- 53 tors on the project, consistent with paragraph (a) of subdivision 2 of 54 section 222 of the labor law. 55 § 9. Without limiting the determination of the terms and conditions of 56 such contracts or leases, such terms and conditions may provide forA. 10456 4 1 leasing, subleasing, construction, reconstruction, rehabilitation, 2 improvement, operation and management of and provision of services and 3 assistance and the granting of licenses, easements and other arrange- 4 ments with regard to such grounds and facilities by the ground lessee, 5 and parties contracting with the ground lessee, and in connection with 6 such activities, the obtaining of funding or financing, whether public 7 or private, unsecured or secured (including, but not limited to, secured 8 by leasehold mortgages and assignments of rents and leases), by the 9 ground lessee and parties contracting with the ground lessee for the 10 purposes of completing the project described in this act. 11 § 10. Such lease shall include an indemnity provision whereby the 12 lessee or sublessee promises to indemnify, hold harmless and defend the 13 lessor against all claims, suits, actions, and liability to all persons 14 on the leased premises, including tenant, tenant's agents, contractors, 15 subcontractors, employees, customers, guests, licensees, invitees and 16 members of the public, for damage to any such person's property, whether 17 real or personal, or for personal injuries arising out of tenant's use 18 or occupation of the demised premises. 19 § 11. Any construction contracts entered into pursuant to this act 20 between the ground lessee and parties contracting with the ground lessee 21 shall be awarded by a competitive process. 22 § 12. The property authorized by this act to be leased to the ground 23 lessee is generally described as a parcel of real property with improve- 24 ments thereon consisting of a total of approximately 25.522 acres situ- 25 ated on the campus of the state university of New York at Albany. The 26 description in this section of the parcel that may be made available 27 pursuant to this act is not meant to be a legal description, but is 28 intended only to identify the parcel: 29 Beginning at a concrete monument on the easterly highway boundary of 30 interstate 87, also known as the Adirondack Northway, at its inter- 31 section with the property division line between lands N/F of national 32 grid on the south, and lands N/F of SUNY at Albany on the north, said 33 point being marked by a concrete monument, thence north 22° 06' 24" east 34 along said highway boundary a distance of 66.07 feet to a point on the 35 southerly highway boundary of Washington Avenue, 36 Thence along said road boundary the following seven (7) courses and 37 distances: 38 1. North 58° 55' 27" east, a distance of 260.28 feet to a point, 39 2. Along a curve to the left having a radius of 1727.02 feet, an arc 40 length of 128.41 feet, a chord bearing of north 59° 54' 49" east, a 41 chord distance of 128.38 feet to a point, 42 3. North 54° 22' 33" east, a distance of 308.02 feet to a point, 43 4. North 52° 40' 20" east, a distance of 179.21 feet to a point, 44 5. North 55° 09' 41" east, a distance of 308.26 feet to a point, 45 6. Along a curve to the right having a radius of 1186.05 feet, an arc 46 length of 139.91 feet, a chord bearing of north 63° 31' 59" east, a 47 chord distance of 139.83 feet to a point, 48 7. North 80° 02' 14" east, a distance of 4.79 feet to a point, 49 thence through said lands of SUNY at Albany the following five (5) 50 courses and distances: 51 1. South 52° 02' 44" east, a distance of 517.07 feet to a point, 52 2. North 34° 27' 34" east, a distance of 16.93 feet to a point, 53 3. South 51° 16' 56" east, a distance of 80.00 feet to a point, 54 4. South 36° 22' 07" west, a distance of 1214.99 feet to a point at 55 its intersection with the first mentioned property division line between 56 said lands of national grid and said lands of suny at albany,A. 10456 5 1 thence along said property division line the following eight (8) 2 courses and distances: 3 1. north 67° 15' 52" west, a distance of 745.88 feet to a concrete 4 monument, thence 5 2. north 52° 07' 07" west, a distance of 117.77 feet to a concrete 6 monument with suny cap, thence 7 3. south 37° 52' 53" west, a distance of 31.88 feet to a concrete 8 monument with suny cap, thence 9 4. north 67° 15' 52" west, a distance of 82.87 feet to a concrete 10 monument with suny cap, thence 11 5. north 21° 06' 33" east, a distance of 110.71 feet to a point, 12 thence 13 6. north 22° 23' 43" east, a distance of 49.25 feet to a concrete 14 monument, thence 15 7. along a curve to the right having a radius of 70.00 feet, an arc 16 length of 16.46 feet, a chord bearing of north 74° 13' 30" west, a chord 17 distance of 16.42 feet to a point, thence 18 8. north 67° 46' 21" west, a distance of 64.66 feet to the point or 19 place of beginning. 20 Containing 1,111,738 sq. ft. (25.522 acres), more or less. Subject to 21 all existing easements and restrictions of record. 22 § 13. The state university of New York shall not lease lands described 23 in this act unless any such lease shall be executed within 5 years of 24 the effective date of this act. 25 § 14. Insofar as the provisions of this act are inconsistent with the 26 provisions of any law, general, special or local, the provisions of this 27 act shall be controlling. 28 § 15. This act shall take effect immediately.
