Bill Text: NY S08661 | 2017-2018 | General Assembly | Introduced
Bill Title: Authorizes the lease of lands located at the State University of New York at Stony Brook.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-06-20 - COMMITTED TO RULES [S08661 Detail]
Download: New_York-2017-S08661-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ S. 8661 A. 10678 SENATE - ASSEMBLY May 10, 2018 ___________ IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print- ed, and when printed to be committed to the Committee on Local Govern- ment IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred to the Committee on Higher Education AN ACT authorizing the lease of lands located at the State University of New York at Stony Brook 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 as part of 2 the Amended and Restated Integration and Affiliation Agreement, dated as 3 of April 7, 2017 (the "IAA"), between the Southampton Hospital Associ- 4 ation ("SHA") and the State University of New York acting through its 5 Stony Brook University Hospital ("SBUH"), the parties committed to work 6 together to construct, if feasible, a new hospital facility on Stony 7 Brook University's ("University") Southampton campus ("New SH") to 8 replace the current SHA facilities, which are currently leased to SBUH 9 which uses them to operate a hospital in Southampton, New York. New SH 10 is a key part of the strategy for the growth of Stony Brook Medicine and 11 University as a regional center of health care and a national leader in 12 innovation and discovery. It will be a state of the art facility located 13 on the Southampton campus that replaces an aging plant located in the 14 midst of Southampton village. New SH will serve as the focus of innova- 15 tive hospital, community, and population based health care for the East 16 End and beyond. It will also be an anchor for the development of the 17 Southampton campus as a site of advanced technology, clinical research, 18 and education for the health sciences and the general health care commu- 19 nity. In addition to its proximity to other health science programs, the 20 new location will enhance access to care for the community and broaden 21 the reach of Stony Brook Medicine well beyond its current area. 22 The legislature further finds that granting the trustees of the State 23 University of New York the authority and power to lease and otherwise 24 contract to make available grounds and facilities of the campus of the 25 State University of New York at Stony Brook will enable SBUH to fulfill 26 its obligations, further its legislatively mandated mission of research, 27 education and provision of health services, enhance access to care for EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15788-01-8S. 8661 2 A. 10678 1 the community and broaden the reach of SBUH and the University well 2 beyond its current area. 3 § 2. Notwithstanding any other law to the contrary, the state univer- 4 sity trustees are hereby authorized and empowered, without any public 5 bidding, to lease and otherwise contract to make available to the South- 6 ampton Hospital Association, a not-for-profit corporation (the "ground 7 lessee"), a portion of the lands of the University on its Southampton 8 campus, being one of two separate parcels of land, one approximately 15 9 acres and the other approximately 8.9 acres, for an aggregate total of 10 approximately 23.9 acres generally described in this act for the purpose 11 of constructing and operating New SH. Such lease or contract shall be 12 for a period not exceeding 100 years without any fee simple conveyance 13 and otherwise upon terms and conditions determined by such trustees, 14 subject to the approval of the director of the division of the budget, 15 the attorney general and the state comptroller. In the event that the 16 real property that is the subject of such lease or contract shall cease 17 to be used for the purpose described in this act, such lease or contract 18 shall immediately terminate and the real property and any improvements 19 thereon shall revert to the State University of New York. Any lease or 20 contract entered into pursuant to this act shall provide that the real 21 property that is the subject of such lease or contract and any improve- 22 ments thereon shall revert to the State University of New York on the 23 expiration of such contract or lease. 24 § 3. Any contract or lease entered into pursuant to this act shall be 25 deemed to be a state contract for purposes of article 15-A of the execu- 26 tive law, and any contractor, subcontractor, lessee or sublessee enter- 27 ing into such contract or lease for the construction, demolition, recon- 28 struction, excavation, rehabilitation, repair, renovation, alteration or 29 improvement authorized pursuant to this act shall be deemed a state 30 agency for the purposes of article 15-A of the executive law and subject 31 to the provisions of such article. 32 § 4. Notwithstanding any general, special or local law or judicial 33 decision to the contrary, all work performed on a project authorized by 34 this act where all or any portion thereof involves a lease or agreement 35 for construction, demolition, reconstruction, excavation, rehabili- 36 tation, repair, renovation, alteration or improvement shall be deemed 37 public work and shall be subject to and performed in accordance with the 38 provisions of article 8 of the labor law to the same extent and in the 39 same manner as a contract of the state, and compliance with all the 40 provisions of article 8 of the labor law shall be required of any 41 lessee, sublessee, contractor or subcontractor on the project, including 42 the enforcement of prevailing wage requirements by the fiscal officer as 43 defined in paragraph e of subdivision 5 of section 220 of the labor law 44 to the same extent as a contract of the state. 45 § 5. Notwithstanding any law, rule or regulation to the contrary, the 46 State University of New York shall not contract out to the Southampton 47 Hospital Association or any subsidiary for the instruction or any peda- 48 gogical functions or services, or any administrative services, and simi- 49 lar professional services currently being performed by state employees. 50 All such functions and services shall be performed by state employees 51 pursuant to the civil service law. Nothing in this act shall result in 52 the displacement of any currently employed state worker or the loss of 53 position (including partial displacement such as reduction in the hours 54 of non-overtime, wages or employment benefits), or result in the impair- 55 ment of existing contracts for services or collective bargaining rights 56 pursuant to existing agreements. All positions currently at the StateS. 8661 3 A. 10678 1 University of New York in the unclassified service of the civil service 2 law shall remain in the unclassified service. 3 Nothing in this act shall be deemed to waive or impair any rights or 4 benefits of employees of the State University of New York that otherwise 5 would be available to them pursuant to the terms of agreements between 6 the certified representatives of such employees and the state of New 7 York pursuant to article 14 of the civil service law. 8 § 6. For the purposes of this act: (a) "project" shall mean work at 9 the property authorized by this act to be leased to the Southampton 10 Hospital Association as described in section eleven of this act that 11 involves the design, construction, reconstruction, demolition, excavat- 12 ing, rehabilitation, repair, renovation, alteration or improvement of 13 New SH. 14 (b) "project labor agreement" shall mean a pre-hire collective 15 bargaining agreement between a contractor and a labor organization, 16 establishing the labor organization as the collective bargaining repre- 17 sentative for all persons who will perform work on the project, and 18 which provides that only contractors and subcontractors who sign a pre- 19 negotiated agreement with the labor organization can perform project 20 work. 21 Notwithstanding the provisions of any general, special, or local law 22 or judicial decision to the contrary: (a) the Southampton Hospital Asso- 23 ciation may require a contractor awarded a contract, subcontract, lease, 24 grant, bond, covenant or other agreement for a project to enter into a 25 project labor agreement during and for the work involved with such 26 project when such requirement is part of the ground lessee's request for 27 proposals for the project and when the State University of New York at 28 Stony Brook determines that the record supporting the decision to enter 29 into such an agreement establishes that the interests underlying the 30 competitive bidding laws are best met by requiring a project labor 31 agreement including obtaining the best work at the lowest possible 32 price; preventing favoritism, fraud and corruption; the impact of delay; 33 the possibility of cost savings; and any local history of labor unrest. 34 (b) If the State University of New York at Stony Brook does not 35 require a project labor agreement, then any contractor, subcontractor, 36 lease, grant, bond, covenant or other agreements for a project shall be 37 awarded pursuant to section 135 of the state finance law. 38 § 7. Without limiting the determination of the terms and conditions of 39 such contracts or leases, such terms and conditions may provide for 40 leasing, subleasing, construction, reconstruction, rehabilitation, 41 improvement, operation and management of and provision of services and 42 assistance and the granting of licenses, easements and other arrange- 43 ments with regard to such grounds and facilities by the ground lessee, 44 and parties contracting with the ground lessee, and, in connection with 45 such activities, the obtaining of funding or financing, whether public 46 or private, unsecured or secured (including, but not limited to, secured 47 by leasehold mortgages and assignments of rents and leases), by the 48 ground lessee and parties contracting with the ground lessee for the 49 purposes of completing the project described in this act. 50 § 8. Such lease shall include an indemnity provision whereby the 51 lessee or sublessee promises to indemnify, hold harmless and defend the 52 lessor against all claims, suits, actions, and liability to all persons 53 on the leased premises, including tenant, tenant's agents, contractors, 54 subcontractors, employees, customers, guests, licensees, invitees and 55 members of the public, for damage to any such person's property, whetherS. 8661 4 A. 10678 1 real or personal, or for personal injuries arising out of tenant's use 2 or occupation of the demised premises. 3 § 9. Any contracts entered into pursuant to this act between the 4 ground lessee and parties contracting with the ground lessee shall be 5 awarded by a competitive process. 6 § 10. The State University of New York shall not lease lands described 7 in this act unless any such lease shall be executed within ten years of 8 the effective date of this act. 9 § 11. The property authorized by this act to be leased to the South- 10 ampton Hospital Association is generally described as one of two parcels 11 of real property with improvements thereon consisting of a total of 12 approximately 23.9 acres situated on the campus of the State University 13 of New York at Stony Brook. The description in this section of the 14 parcels to be made available pursuant to this act is not meant to be a 15 legal description, but is intended only to identify the parcels: 16 Parcel 1 17 Beginning at a point formed by the intersection of the southerly line 18 of M.T.A. (Long Island Rail Road) and the westerly line of Tuckahoe 19 Road; 20 Running thence South 32° 27' 30" West for a distance of 710.08 feet to 21 a point; 22 Running thence North 83° 56' 30" West for a distance of 555.33 feet to 23 a point; 24 Running thence South 89° 10' 00" West for a distance of 321.40 feet to 25 a point; 26 Running thence North 10° 35' 30" East for a distance of 692.66 feet to 27 a point; 28 Running thence South 83° 08' 20" East for a distance of 1135.50 feet 29 to the point or place of beginning. 30 Containing 653,704 sq. ft. (15.007 acres), more or less. Subject to 31 all existing easements and restrictions of record. 32 Parcel 2 33 Beginning at a point formed by the intersection of the southerly line 34 of M.T.A. (Long Island Rail Road) and the easterly widened line of Tuck- 35 ahoe Road; 36 Running thence South 81° 38' 20" East for a distance of 751.98 feet to 37 a point; 38 Running thence South 15° 10' 59" West for a distance of 620.58 feet to 39 a point; 40 Running thence North 66° 08' 50" West for a distance of 342.64 feet to 41 a point; 42 Running thence North 55° 07' 30" West for a distance of 550.64 feet to 43 a point; 44 Running thence North 33° 57' 30" East for a distance of 219.18 feet to 45 a point; 46 Running thence South 57° 32' 30" East for a distance of 10.00 feet to 47 a point; 48 Running thence North 33° 57' 30" East for a distance of 94.79 feet to 49 the point or place of beginning. 50 Containing 389,465 sq. ft. (8.941 acres), more or less. Subject to all 51 existing easements and restrictions of record. 52 § 12. Insofar as the provisions of this act are inconsistent with the 53 provisions of any law, general, special or local, the provisions of this 54 act shall be controlling. 55 § 13. This act shall take effect immediately.
