Bill Text: NY S09483 | 2023-2024 | General Assembly | Amended
Bill Title: Authorizes the state university of New York at Stony Brook to lease certain lands on the Southampton campus to construct multi-purpose facilities to support housing needs and supporting amenities; requires compliance with certain state labor and contracting laws.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-06-04 - RECOMMIT, ENACTING CLAUSE STRICKEN [S09483 Detail]
Download: New_York-2023-S09483-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 9483--A IN SENATE May 16, 2024 ___________ Introduced by Sen. PALUMBO -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT relating to authorizing the state university of New York at Stony Brook to lease certain lands to construct multi-purpose facilities to support housing needs and supporting amenities 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 Stony Brook ("Stony Brook") seeks to use 3 approximately 10 acres of underutilized land on Stony Brook's Southamp- 4 ton campus to build multi-purpose facilities to support housing needs 5 and supporting amenities, fulfilling a necessary and vital public 6 purpose. The legislature further finds that granting the trustees of 7 the State University of New York ("Trustees") the authority and power to 8 lease and otherwise contract to make available grounds and facilities of 9 Stony Brook's campus will ensure such land is utilized for the benefit 10 of Stony Brook, the surrounding community, and the general public. 11 § 2. Notwithstanding any other law to the contrary, the trustees are 12 authorized and empowered, without any public bidding, to lease and 13 otherwise contract to make available to a ground lessee a portion of the 14 lands of Stony Brook generally described in this act for the purpose of 15 developing, constructing, maintaining and operating multi-purpose facil- 16 ities to support housing needs and supporting amenities. Such lease or 17 contract shall be for a period not exceeding ninety-nine years without 18 any fee simple conveyance and otherwise upon terms and conditions deter- 19 mined by such trustees, subject to the approval of the director of the 20 division of the budget, the attorney general and the state comptroller. 21 In the event that the real property that is the subject of such lease or 22 contract shall cease to be used for the purpose described in this act, 23 such lease or contract shall immediately terminate and the real property 24 and any improvements thereon shall revert to the state university of New 25 York. Any lease or contract entered into pursuant to this act shall EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15459-02-4S. 9483--A 2 1 provide that the real property that is the subject of such lease or 2 contract and any improvements thereon shall revert to the state univer- 3 sity of New York on the expiration of such contract or lease. Any and 4 all proceeds related to the leases authorized by this act shall be used 5 for the benefit of the Stony Brook campus and the allocation of such 6 proceeds shall be subject to approval by the Trustees. 7 § 3. Any contract or lease entered into pursuant to this act shall be 8 deemed to be a state contract for purposes of article 15-A of the execu- 9 tive law, and any contractor, subcontractor, lessee or sublessee enter- 10 ing into such contract or lease for the construction, demolition, recon- 11 struction, excavation, rehabilitation, repair, renovation, alteration or 12 improvement authorized pursuant to this act shall be deemed a state 13 agency for the purposes of article 15-A of the executive law and subject 14 to the provisions of such article. 15 § 4. Notwithstanding any general, special or local law or judicial 16 decision to the contrary, all work performed on a project authorized by 17 this act where all or any portion thereof involves a lease or agreement 18 for construction, demolition, reconstruction, excavation, rehabili- 19 tation, repair, renovation, alteration or improvement shall be subject 20 to and performed in accordance with the provisions of article 8 of the 21 labor law to the same extent and in the same manner as a contract of the 22 state, and compliance with all the provisions of article 8 of the labor 23 law shall be required of any lessee, sublessee, contractor or subcon- 24 tractor on the project, including the enforcement of prevailing wage 25 requirements by the fiscal officer as defined in paragraph e of subdivi- 26 sion 5 of section 220 of the labor law to the same extent as a contract 27 of the state. 28 § 5. Notwithstanding any law, rule or regulation to the contrary, the 29 state university of New York shall not contract out for the instruction 30 or any pedagogical functions or services, or any administrative 31 services, and similar professional services currently being performed by 32 state employees. All such functions and services shall be performed by 33 state employees pursuant to the civil service law. Nothing in this act 34 shall result in the displacement of any currently employed state worker 35 or the loss of position (including partial displacement such as 36 reduction in the hours of non-overtime, wages or employment benefits), 37 or result in the impairment of existing contracts for services or 38 collective bargaining rights pursuant to existing agreements. All posi- 39 tions currently at the state university of New York in the unclassified 40 service of the civil service law shall remain in the unclassified 41 service. No services or work on the property described in this act 42 currently performed by public employees or future work that is similar 43 in scope and nature to the work being currently performed by public 44 employees shall be contracted out or privatized by the state university 45 of New York or by an affiliated entity or associated entity of the state 46 university of New York. All such future work shall be performed by 47 public employees. 48 § 6. For the purposes of this act: 49 (a) "project" shall mean work at the property authorized by this act 50 to be leased as described in section twelve of this act that involves 51 the design, construction, reconstruction, demolition, excavating, reha- 52 bilitation, repair, renovation, alteration or improvement of such prop- 53 erty. 54 (b) "project labor agreement" shall mean a pre-hire collective 55 bargaining agreement between a contractor and a labor organization, 56 establishing the labor organization as the collective bargaining repre-S. 9483--A 3 1 sentative for all persons who will perform work on the project, and 2 which provides that only contractors and subcontractors who sign a pre- 3 negotiated agreement with the labor organization can perform project 4 work. 5 § 7. Notwithstanding the provisions of any general, special, or local 6 law or judicial decision to the contrary, the ground lessee shall 7 require the use of a project labor agreement, as defined in subdivision 8 1 of section 222 of the labor law, for all contractors and subcontrac- 9 tors on the project, consistent with paragraph (a) of subdivision 2 of 10 section 222 of the labor law. 11 § 8. Nothing in this act shall be deemed to waive or impair any rights 12 or benefits of employees of the state university of New York that other- 13 wise would be available to them pursuant to the terms of agreements 14 between the certified representatives of such employees and the state of 15 New York pursuant to article 14 of the civil service law; all work 16 performed on such property that ordinarily would be performed by employ- 17 ees subject to article 14 of the civil service law shall continue to be 18 performed by such employees. 19 § 9. Without limiting the determination of the terms and conditions of 20 such contracts or leases, such terms and conditions may provide for 21 leasing, subleasing, construction, reconstruction, rehabilitation, 22 improvement, operation and management of and provision of services and 23 assistance and the granting of licenses, easements and other arrange- 24 ments with regard to such grounds and facilities by the ground lessee, 25 and parties contracting with the ground lessee, and in connection with 26 such activities, the obtaining of funding or financing, whether public 27 or private, unsecured or secured, including, but not limited to, secured 28 by leasehold mortgages and assignments of rents and leases, by the 29 ground lessee and parties contracting with the ground lessee for the 30 purposes of completing the project described in this act. 31 § 10. Such lease shall include an indemnity provision whereby the 32 lessee or sublessee promises to indemnify, hold harmless and defend the 33 lessor against all claims, suits, actions, and liability to all persons 34 on the leased premises, including tenant, tenant's agents, contractors, 35 subcontractors, employees, customers, guests, licensees, invitees and 36 members of the public, for damage to any such person's property, whether 37 real or personal, or for personal injuries arising out of tenant's use 38 or occupation of the demised premises. 39 § 11. Any contracts entered into pursuant to this act between the 40 ground lessee and parties contracting with the ground lessee shall be 41 awarded by a competitive process. 42 § 12. The property authorized by this act to be leased to the ground 43 lessee is generally described as approximately 11.4972 acres of land 44 situated on the campus of the state university of New York at Stony 45 Brook within the town of Brookhaven, county of Suffolk, state of New 46 York more particularly described as follows: 47 Beginning at a point on the southerly sideline of section 211, block 48 6, lot 9, now or formerly belonging to the MTA-LIRR, the said point 49 being distant 1135.50 feet on a bearing of south 86 degrees 01 minutes 50 07 seconds west from the intersection of the said LIRR sideline with the 51 westerly sideline of Tuckahoe road (50 feet wide), and running from the 52 said point of beginning; thence 53 Running through section 211, block 1, lot 1 the following nine (9) 54 courses: 55 (1) south 00 degrees 15 minutes 03 seconds east for a distance of 56 456.85 feet; thenceS. 9483--A 4 1 (2) south 85 degrees 52 minutes 00 seconds west, a distance of 97.30 2 feet to a point of curvature; thence 3 (3) on a curve to the left having a radius of 100.00 feet, a central 4 angle of 19 degrees 15 minutes 58 seconds and an arc length of 33.63 5 feet to a point of reverse curvature; thence 6 (4) on a curve to the right having a radius of 100.00 feet, a central 7 angle of 17 degrees 48 minutes 58 seconds and an arc length of 31.09 8 feet to a point of tangency; thence 9 (5) south 84 degrees 25 minutes 00 seconds west, a distance of 105.00 10 feet to a point of curvature; thence 11 (6) on a curve to the left having a radius of 65.00 feet, a central 12 angle of 73 degrees 17 minutes 00 seconds and an arc length of 83.14 13 feet to a point of tangency; thence 14 (7) south 11 degrees 08 minutes 00 seconds west, a distance of 54.50 15 feet; thence 16 (8) south 31 degrees 46 minutes 02 seconds west, being radial to the 17 following course, a distance of 48.50 feet; thence 18 (9) on a curve to the left having a radius of 125.00 feet, a central 19 angle of 39 degrees 49 minutes 32 seconds, and an arc length of 86.89 20 feet to a point of tangency; thence 21 (10) continuing through said lot 1, passing through section 210, block 22 2, lot 26 and then crossing into section 210, block 2, lot 25, south 81 23 degrees 56 minutes 30 seconds west, a distance of 326.00 feet to a point 24 of curvature; thence 25 (11) continuing through said lot 25, on a curve to the left having a 26 radius of 100.00 feet, a central angle of 43 degrees 59 minutes 00 27 seconds, and an arc length of 76.77 feet to a point of tangency; thence 28 (12) continuing through said lot 25 and crossing back into aforemen- 29 tioned lot 26, south 37 degrees 57 minutes 30 seconds west, a distance 30 of 250.00 feet; thence 31 (13) continuing through said lot 26, south 59 degrees 26 minutes 00 32 seconds west, a distance of 32.50 feet; thence 33 (14) continuing through said lot 26 and crossing back into aforemen- 34 tioned lot 25, north 30 degrees 34 minutes 00 seconds west, a distance 35 of 126.00 feet to a point of curvature; thence 36 (15) continuing through said lot 25, on a curve to the left having a 37 radius of 65.00 feet, a central angle of 48 degrees 54 minutes 30 38 seconds, and an arc length of 55.48 feet to a point of tangency; thence 39 (16) continuing through the same, north 79 degrees 28 minutes 30 40 seconds west, a distance of 92.22 feet; thence 41 (17) along the dividing line of said lot 25 to the east with section 42 210, block 2, lot 11.3 to the west, north 17 degrees 43 minutes 47 43 seconds east, a distance of 160.35 feet; thence 44 (18) along the dividing line of said lot 25 to the southeast with 45 section 210, block 2, lots 11.3, 11.4 and 11.5 to the northwest, north 46 55 degrees 50 minutes 47 seconds east, a distance of 438.30 feet; thence 47 (19) along the dividing line of aforementioned lot 1 to the southeast 48 with said lot 11.5 to the northwest, north 55 degrees 51 minutes 07 49 seconds east, a distance of 315.93 feet; thence 50 (20) along same, north 24 degrees 08 minutes 33 seconds west, a 51 distance of 155.67 feet; thence 52 (21) along the dividing line of said lot 1 to the south with aforemen- 53 tioned lot 9 to the north, north 86 degrees 01 minutes 07 seconds east, 54 a distance of 593.70 feet to the point and place of Beginning. 55 The above-described lease area contains 500,818 square feet or 11.4972 56 acres of land.S. 9483--A 5 1 The above-described development area was written in accordance with a 2 map entitled, "Property Sketch, Proposed Southampton Development Area, 3 Stony Brook University, part of section 210, block 2, lots 25 & 26, and 4 part of section 211, block 1, lot 1, town of Southampton, county of 5 Suffolk, state of New York" prepared by Gallas Surveying Group, dated 6 March 12, 2024, revised March 18, 2024. 7 § 13. The state university of New York shall not lease lands described 8 in this act unless any such lease shall be executed within 5 years of 9 the effective date of this act. 10 § 14. Insofar as the provisions of this act are inconsistent with the 11 provisions of any law, general, special or local, the provisions of this 12 act shall be controlling. 13 § 15. This act shall take effect immediately.
