Bill Text: NY S09483 | 2023-2024 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9483 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 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 26 provide that the real property that is the subject of such lease or 27 contract and any improvements thereon shall revert to the state univer- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15459-01-4S. 9483 2 1 sity of New York on the expiration of such contract or lease. Any and 2 all proceeds related to the leases authorized by this act shall be used 3 for the benefit of the Stony Brook campus and the allocation of such 4 proceeds shall be subject to approval by the Trustees. 5 § 3. Any contract or lease entered into pursuant to this act shall be 6 deemed to be a state contract for purposes of article 15-A of the execu- 7 tive law, and any contractor, subcontractor, lessee or sublessee enter- 8 ing into such contract or lease for the construction, demolition, recon- 9 struction, excavation, rehabilitation, repair, renovation, alteration or 10 improvement authorized pursuant to this act shall be deemed a state 11 agency for the purposes of article 15-A of the executive law and subject 12 to the provisions of such article. 13 § 4. Notwithstanding any general, special or local law or judicial 14 decision to the contrary, all work performed on a project authorized by 15 this act where all or any portion thereof involves a lease or agreement 16 for construction, demolition, reconstruction, excavation, rehabili- 17 tation, repair, renovation, alteration or improvement shall be subject 18 to and performed in accordance with the provisions of article 8 of the 19 labor law to the same extent and in the same manner as a contract of the 20 state, and compliance with all the provisions of article 8 of the labor 21 law shall be required of any lessee, sublessee, contractor or subcon- 22 tractor on the project, including the enforcement of prevailing wage 23 requirements by the fiscal officer as defined in paragraph e of subdivi- 24 sion 5 of section 220 of the labor law to the same extent as a contract 25 of the state. 26 § 5. Notwithstanding any law, rule or regulation to the contrary, the 27 state university of New York shall not contract out for the instruction 28 or any pedagogical functions or services, or any administrative 29 services, and similar professional services currently being performed by 30 state employees. All such functions and services shall be performed by 31 state employees pursuant to the civil service law. Nothing in this act 32 shall result in the displacement of any currently employed state worker 33 or the loss of position (including partial displacement such as 34 reduction in the hours of non-overtime, wages or employment benefits), 35 or result in the impairment of existing contracts for services or 36 collective bargaining rights pursuant to existing agreements. All posi- 37 tions currently at the state university of New York in the unclassified 38 service of the civil service law shall remain in the unclassified 39 service. No services or work on the property described in this act 40 currently performed by public employees or future work that is similar 41 in scope and nature to the work being currently performed by public 42 employees shall be contracted out or privatized by the state university 43 of New York or by an affiliated entity or associated entity of the state 44 university of New York. All such future work shall be performed by 45 public employees. 46 § 6. For the purposes of this act: 47 (a) "project" shall mean work at the property authorized by this act 48 to be leased as described in section twelve of this act that involves 49 the design, construction, reconstruction, demolition, excavating, reha- 50 bilitation, repair, renovation, alteration or improvement of such prop- 51 erty. 52 (b) "project labor agreement" shall mean a pre-hire collective 53 bargaining agreement between a contractor and a labor organization, 54 establishing the labor organization as the collective bargaining repre- 55 sentative for all persons who will perform work on the project, and 56 which provides that only contractors and subcontractors who sign a pre-S. 9483 3 1 negotiated agreement with the labor organization can perform project 2 work. 3 § 7. Notwithstanding the provisions of any general, special, or local 4 law or judicial decision to the contrary: (a) A contractor awarded a 5 contract, subcontract, lease, grant, bond, covenant or other agreement 6 for a project to enter into a project labor agreement during and for the 7 work involved with such project when such requirement is part of the 8 ground lessee's request for proposals for the project and when the state 9 university of New York at Stony Brook determines that the record 10 supporting the decision to enter into such an agreement establishes that 11 the interests underlying the competitive bidding laws are best met by 12 requiring a project labor agreement including obtaining the best work at 13 the lowest possible price; preventing favoritism, fraud and corruption; 14 the impact of delay; the possibility of cost savings; and any local 15 history of labor unrest. 16 (b) If the state university of New York at Stony Brook does not 17 require a project labor agreement, then any contractor, subcontractor, 18 lease, grant, bond, covenant or other agreements for a project shall be 19 awarded pursuant to section 135 of the state finance law. 20 § 8. Nothing in this act shall be deemed to waive or impair any rights 21 or benefits of employees of the state university of New York that other- 22 wise would be available to them pursuant to the terms of agreements 23 between the certified representatives of such employees and the state of 24 New York pursuant to article 14 of the civil service law; all work 25 performed on such property that ordinarily would be performed by employ- 26 ees subject to article 14 of the civil service law shall continue to be 27 performed by such employees. 28 § 9. 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 ground lessee, 34 and parties contracting with the ground lessee, 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 38 ground lessee and parties contracting with the ground lessee for the 39 purposes of completing the project described in this act. 40 § 10. 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 § 11. Any contracts entered into pursuant to this act between the 49 ground lessee and parties contracting with the ground lessee shall be 50 awarded by a competitive process. 51 § 12. The property authorized by this act to be leased to the ground 52 lessee is generally described as approximately 11.4972 acres of land 53 situated on the campus of the state university of New York at Stony 54 Brook within the town of Brookhaven, county of Suffolk, state of New 55 York more particularly described as follows:S. 9483 4 1 Beginning at a point on the southerly sideline of section 211, block 2 6, lot 9, now or formerly belonging to the MTA-LIRR, the said point 3 being distant 1135.50 feet on a bearing of south 86 degrees 01 minutes 4 07 seconds west from the intersection of the said LIRR sideline with the 5 westerly sideline of Tuckahoe road (50 feet wide), and running from the 6 said point of beginning; thence 7 Running through section 211, block 1, lot 1 the following nine (9) 8 courses: 9 (1) south 00 degrees 15 minutes 03 seconds east for a distance of 10 456.85 feet; thence 11 (2) south 85 degrees 52 minutes 00 seconds west, a distance of 97.30 12 feet to a point of curvature; thence 13 (3) on a curve to the left having a radius of 100.00 feet, a central 14 angle of 19 degrees 15 minutes 58 seconds and an arc length of 33.63 15 feet to a point of reverse curvature; thence 16 (4) on a curve to the right having a radius of 100.00 feet, a central 17 angle of 17 degrees 48 minutes 58 seconds and an arc length of 31.09 18 feet to a point of tangency; thence 19 (5) south 84 degrees 25 minutes 00 seconds west, a distance of 105.00 20 feet to a point of curvature; thence 21 (6) on a curve to the left having a radius of 65.00 feet, a central 22 angle of 73 degrees 17 minutes 00 seconds and an arc length of 83.14 23 feet to a point of tangency; thence 24 (7) south 11 degrees 08 minutes 00 seconds west, a distance of 54.50 25 feet; thence 26 (8) south 31 degrees 46 minutes 02 seconds west, being radial to the 27 following course, a distance of 48.50 feet; thence 28 (9) on a curve to the left having a radius of 125.00 feet, a central 29 angle of 39 degrees 49 minutes 32 seconds, and an arc length of 86.89 30 feet to a point of tangency; thence 31 (10) continuing through said lot 1, passing through section 210, block 32 2, lot 26 and then crossing into section 210, block 2, lot 25, south 81 33 degrees 56 minutes 30 seconds west, a distance of 326.00 feet to a point 34 of curvature; thence 35 (11) continuing through said lot 25, on a curve to the left having a 36 radius of 100.00 feet, a central angle of 43 degrees 59 minutes 00 37 seconds, and an arc length of 76.77 feet to a point of tangency; thence 38 (12) continuing through said lot 25 and crossing back into aforemen- 39 tioned lot 26, south 37 degrees 57 minutes 30 seconds west, a distance 40 of 250.00 feet; thence 41 (13) continuing through said lot 26, south 59 degrees 26 minutes 00 42 seconds west, a distance of 32.50 feet; thence 43 (14) continuing through said lot 26 and crossing back into aforemen- 44 tioned lot 25, north 30 degrees 34 minutes 00 seconds west, a distance 45 of 126.00 feet to a point of curvature; thence 46 (15) continuing through said lot 25, on a curve to the left having a 47 radius of 65.00 feet, a central angle of 48 degrees 54 minutes 30 48 seconds, and an arc length of 55.48 feet to a point of tangency; thence 49 (16) continuing through the same, north 79 degrees 28 minutes 30 50 seconds west, a distance of 92.22 feet; thence 51 (17) along the dividing line of said lot 25 to the east with section 52 210, block 2, lot 11.3 to the west, north 17 degrees 43 minutes 47 53 seconds east, a distance of 160.35 feet; thence 54 (18) along the dividing line of said lot 25 to the southeast with 55 section 210, block 2, lots 11.3, 11.4 and 11.5 to the northwest, north 56 55 degrees 50 minutes 47 seconds east, a distance of 438.30 feet; thenceS. 9483 5 1 (19) along the dividing line of aforementioned lot 1 to the southeast 2 with said lot 11.5 to the northwest, north 55 degrees 51 minutes 07 3 seconds east, a distance of 315.93 feet; thence 4 (20) along same, north 24 degrees 08 minutes 33 seconds west, a 5 distance of 155.67 feet; thence 6 (21) along the dividing line of said lot 1 to the south with aforemen- 7 tioned lot 9 to the north, north 86 degrees 01 minutes 07 seconds east, 8 a distance of 593.70 feet to the point and place of Beginning. 9 The above-described lease area contains 500,818 square feet or 11.4972 10 acres of land. 11 The above-described development area was written in accordance with a 12 map entitled, "Property Sketch, Proposed Southampton Development Area, 13 Stony Brook University, part of section 210, block 2, lots 25 & 26, and 14 part of section 211, block 1, lot 1, town of Southampton, county of 15 Suffolk, state of New York" prepared by Gallas Surveying Group, dated 16 March 12, 2024, revised March 18, 2024. 17 § 13. The state university of New York shall not lease lands described 18 in this act unless any such lease shall be executed within 5 years of 19 the effective date of this act. 20 § 14. Insofar as the provisions of this act are inconsistent with the 21 provisions of any law, general, special or local, the provisions of this 22 act shall be controlling. 23 § 15. This act shall take effect immediately.
