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A08519 Summary:

BILL NOA08519
 
SAME ASSAME AS UNI. S05855
 
SPONSORGlick (MS)
 
COSPNSRPeoples-Stokes, Hoyt, Schroeder
 
MLTSPNSR
 
Amd SS350, 355, 6206 & 359, add S689-a, Ed L; add S45, UDC Act
 
Establishes the NY-SUNY 2020 challenge grant program.
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A08519 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 5855                                                  A. 8519
 
                               2011-2012 Regular Sessions
 
                SENATE - ASSEMBLY
 
                                      June 24, 2011
                                       ___________
 
        IN  SENATE  --  Introduced  by  Sens. SKELOS, LAVALLE, GRISANTI, FARLEY,
          FLANAGAN, GALLIVAN, LIBOUS, LITTLE,  MAZIARZ,  McDONALD,  RANZENHOFER,
          SEWARD,  YOUNG  --  (at  request  of  the  Governor) -- read twice and
          ordered printed, and when printed to be committed to the Committee  on
          Rules
 

        IN  ASSEMBLY  --  Introduced  by  M.  of A. GLICK, PEOPLES-STOKES, HOYT,
          SCHROEDER -- (at request of the Governor) -- read once and referred to
          the Committee on Ways and Means
 
        AN ACT to amend the education law and the New York state urban  develop-
          ment  corporation  act,  in relation to establishing components of the
          NY-SUNY 2020 challenge grant program; making an  appropriation  there-
          for;  and  providing for the repeal of such provisions upon expiration
          thereof
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  This  act shall be known and may be cited as the "NY-SUNY
     2  2020 challenge grant program act".
     3    § 2. Section 350 of the education law is amended  by  adding  two  new
     4  subdivisions 7 and 8 to read as follows:

     5    7.  "University  centers" shall mean the university centers at Albany,
     6  Binghamton, Buffalo and Stony Brook.
     7    8. "NY-SUNY 2020 challenge grant program" ("NY-SUNY 2020") shall  mean
     8  a  long-term economic and academic plan, which shall include a financial
     9  aid program, submitted by each state university of New  York  university
    10  center,  subject  to  the approval by the governor and the chancellor of
    11  the state university of New York.
    12    § 3. Subparagraph 4 of paragraph h of subdivision 2 of section 355  of
    13  the  education  law,  as  amended by chapter 309 of the laws of 1996, is
    14  amended to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

                                                                   LBD12061-14-1

        S. 5855                             2                            A. 8519
 
     1    (4) The trustees shall not impose a differential tuition charge  based
     2  upon  need or income. [All] Except as hereinafter provided, all students
     3  enrolled in programs leading to like degrees  at  state-operated  insti-
     4  tutions  of  the  state  university  shall  be charged a uniform rate of
     5  tuition  except for differential tuition rates based on state residency.
     6  Provided, however, that the trustees may authorize the presidents of the
     7  colleges of technology and the colleges of agriculture and technology to
     8  set differing rates of tuition for each of  the  colleges  for  students
     9  enrolled  in degree-granting programs leading to an associate degree and

    10  non-degree granting programs so long  as  such  tuition  rate  does  not
    11  exceed  the  tuition  rate  charged to students who are enrolled in like
    12  degree programs or degree-granting undergraduate programs leading  to  a
    13  baccalaureate  degree  at other state-operated institutions of the state
    14  university of New York.  [The] Except as otherwise  authorized  in  this
    15  subparagraph,  the  trustees  shall  not adopt changes affecting tuition
    16  charges prior to the enactment of the annual  budget,  provided  however
    17  that:
    18    (i)  Commencing  with  the  two  thousand  eleven--two thousand twelve
    19  academic year and ending  in  the  two  thousand  fifteen--two  thousand
    20  sixteen academic year the state university of New York board of trustees

    21  shall  be  empowered  to  increase  the  resident  undergraduate rate of
    22  tuition by not more than three hundred dollars over the resident  under-
    23  graduate  rate  of tuition adopted by the board of trustees in the prior
    24  academic year, provided however that if the annual resident  undergradu-
    25  ate  rate  of tuition would exceed five thousand dollars, then a tuition
    26  credit for each eligible student, as determined and  calculated  by  the
    27  New York state higher education services corporation pursuant to section
    28  six  hundred  eighty-nine-a  of  this title, shall be applied toward the
    29  tuition charged for each semester, quarter or term of study. Tuition for
    30  each semester, quarter or term of study shall not be due for any student

    31  eligible to receive such tuition credit  until  the  tuition  credit  is
    32  calculated and applied against the tuition charged for the corresponding
    33  semester, quarter or term.
    34    (ii)  On  or before November thirtieth, two thousand eleven, the trus-
    35  tees shall approve and submit to the chairs of  the  assembly  ways  and
    36  means  committee and the senate finance committee and to the director of
    37  the budget a master tuition plan setting forth the  tuition  rates  that
    38  the  trustees  propose  for resident undergraduate students for the five
    39  year period commencing with the two thousand eleven--two thousand twelve
    40  academic year and  ending  in  the  two  thousand  fifteen-two  thousand
    41  sixteen  academic year, and shall submit any proposed amendments to such

    42  plan by November thirtieth of each subsequent  year  thereafter  through
    43  November  thirtieth,  two  thousand  fifteen, and provided further, that
    44  with the approval of the board of trustees, each university  center  may
    45  increase  non-resident undergraduate tuition rates each year by not more
    46  than ten percent over the tuition rates  of  the  prior  academic  year,
    47  subject  to  the approval of a NY-SUNY 2020 proposal by the governor and
    48  the chancellor of the state university of New York.
    49    (iii) The state shall appropriate annually and make available  general
    50  fund operating support, including fringe benefits, for the state univer-
    51  sity  in an amount not less than the amount appropriated and made avail-

    52  able to the state university in state fiscal year two thousand  eleven--
    53  two  thousand  twelve.  Beginning  in  state  fiscal  year  two thousand
    54  twelve-two thousand thirteen and thereafter, the state shall appropriate
    55  and make available general  fund  operating  support,  including  fringe
    56  benefits, for the state university in an amount not less than the amount

        S. 5855                             3                            A. 8519
 
     1  appropriated  and  made  available  in  the  prior  state  fiscal  year;
     2  provided, however, that if the governor declares a fiscal emergency, and
     3  communicates such emergency to the temporary president of the senate and
     4  speaker  of  the  assembly,  state support for operating expenses at the

     5  state university and city university may be reduced in a manner  propor-
     6  tionate  to  one  another,  and  the aforementioned provisions shall not
     7  apply.
     8    (iv) For the state university fiscal  years  commencing  two  thousand
     9  eleven--two  thousand  twelve and ending two thousand fifteen--two thou-
    10  sand sixteen, each university center may set  aside  a  portion  of  its
    11  tuition  revenues  derived  from  tuition increases to provide increased
    12  financial aid for New York state resident undergraduate  students  whose
    13  net  taxable  income  is  eighty thousand dollars or more subject to the
    14  approval of a NY-SUNY 2020 proposal by the governor and  the  chancellor
    15  of the state university of New York.  Nothing in this paragraph shall be

    16  construed  as  to  authorize  that  students whose net taxable income is
    17  eighty thousand dollars or more  are  eligible  for  tuition  assistance
    18  program awards pursuant to section six hundred sixty-seven of this chap-
    19  ter.
    20    §  4.  Paragraph (a) of subdivision 7 of section 6206 of the education
    21  law, as amended by chapter 327 of the laws of 2002,  the  opening  para-
    22  graph  as  amended  by  section 2 of part O of chapter 58 of the laws of
    23  2006, is amended to read as follows:
    24    (a) The board of  trustees  shall  establish  positions,  departments,
    25  divisions  and  faculties; appoint and in accordance with the provisions
    26  of law fix salaries of  instructional  and  non-instructional  employees
    27  therein;  establish  and conduct courses and curricula; prescribe condi-

    28  tions of student admission, attendance and discharge; and shall have the
    29  power to determine in its discretion whether tuition  shall  be  charged
    30  and  to  regulate  tuition  charges, and other instructional and non-in-
    31  structional fees and other fees and charges at the educational units  of
    32  the  city  university.  The trustees shall review any proposed community
    33  college tuition increase and the justification for  such  increase.  The
    34  justification  provided by the community college for such increase shall
    35  include a detailed analysis of ongoing operating  costs,  capital,  debt
    36  service  expenditures, and all revenues. The trustees shall not impose a
    37  differential tuition charge based upon  need  or  income.  All  students
    38  enrolled  in  programs  leading  to  like degrees at the senior colleges
    39  shall be charged a uniform rate  of  tuition,  except  for  differential

    40  tuition rates based on state residency[.], provided, however, that:
    41    (i)  Commencing  with  the  two  thousand  eleven--two thousand twelve
    42  academic year and ending  in  the  two  thousand  fifteen--two  thousand
    43  sixteen academic year, the city university of New York board of trustees
    44  shall  be  empowered  to  increase  the  resident  undergraduate rate of
    45  tuition by not more than three hundred dollars over the resident  under-
    46  graduate  rate  of tuition adopted by the board of trustees in the prior
    47  academic year, provided however that if the annual resident  undergradu-
    48  ate  rate  of tuition would exceed five thousand dollars, then a tuition
    49  credit for each eligible student, as determined and  calculated  by  the

    50  New York state higher education services corporation pursuant to section
    51  six  hundred  eighty-nine-a of this chapter, shall be applied toward the
    52  tuition charged for each semester, quarter or term of study. Tuition for
    53  each semester, quarter or term of study shall not be due for any student
    54  eligible to receive such tuition credit  until  the  tuition  credit  is
    55  calculated and applied against the tuition charged for the corresponding
    56  semester, quarter or term.

        S. 5855                             4                            A. 8519
 
     1    (ii)  On  or before November thirtieth, two thousand eleven, the trus-
     2  tees shall approve and submit to the chairs of  the  assembly  ways  and

     3  means  committee and the senate finance committee and to the director of
     4  the budget a master tuition plan setting forth the  tuition  rates  that
     5  the  trustees  propose  for resident undergraduate students for the five
     6  year period commencing with the two thousand eleven--two thousand twelve
     7  academic year and ending  in  the  two  thousand  fifteen--two  thousand
     8  sixteen  academic year, and shall submit any proposed amendments to such
     9  plan by November thirtieth of each subsequent  year  thereafter  through
    10  November thirtieth, two thousand fifteen.
    11    (iii)  The  state  shall appropriate annually and make available state
    12  support for operating expenses, including fringe benefits, for the  city

    13  university  in  an amount not less than the amount appropriated and made
    14  available to the city university  in  state  fiscal  year  two  thousand
    15  eleven--two thousand twelve. Beginning in state fiscal year two thousand
    16  twelve--two  thousand thirteen and thereafter, the state shall appropri-
    17  ate and make available state support for operating  expenses,  including
    18  fringe  benefits, for the city university in an amount not less than the
    19  amount appropriated and made available in the prior state  fiscal  year;
    20  provided, however, that if the governor declares a fiscal emergency, and
    21  communicates such emergency to the temporary president of the senate and
    22  speaker  of  the  assembly,  state support for operating expenses of the

    23  state university and city university may be reduced in a manner  propor-
    24  tionate  to  one  another,  and  the aforementioned provisions shall not
    25  apply.
    26    (a-1) The trustees shall further provide that the payment  of  tuition
    27  and  fees  by any student who is not a resident of New York state, other
    28  than a non-immigrant alien within  the  meaning  of  paragraph  (15)  of
    29  subsection  (a)  of  section  1101 of title 8 of the United States Code,
    30  shall be paid at a rate or charge  no  greater  than  that  imposed  for
    31  students who are residents of the state if such student:
    32    (i)  attended  an approved New York high school for two or more years,
    33  graduated from an approved New York high school and applied for  attend-
    34  ance at an institution or educational unit of the city university within

    35  five years of receiving a New York state high school diploma; or
    36    (ii)  attended  an  approved New York state program for general equiv-
    37  alency diploma exam preparation, received a general equivalency  diploma
    38  issued  within  New York state and applied for attendance at an institu-
    39  tion or educational unit of the city university  within  five  years  of
    40  receiving a general equivalency diploma issued within New York state; or
    41    (iii)  was  enrolled in an institution or educational unit of the city
    42  university in the fall semester or quarter of the two thousand  one--two
    43  thousand  two  academic  year  and was authorized by such institution or
    44  educational unit to pay tuition  at  the  rate  or  charge  imposed  for
    45  students who are residents of the state.
    46    A  student without lawful immigration status shall also be required to

    47  file an affidavit with such institution or educational unit stating that
    48  the student has filed an application to legalize his or her  immigration
    49  status,  or will file such an application as soon as he or she is eligi-
    50  ble to do so. [The] Except as otherwise authorized in paragraph  (a)  of
    51  this subdivision, the trustees shall not adopt changes in tuition charg-
    52  es  prior  to  the enactment of the annual budget. The board of trustees
    53  may accept as partial reimbursement for the education of veterans of the
    54  armed forces of the United States who are otherwise qualified such  sums
    55  as  may  be authorized by federal legislation to be paid for such educa-
    56  tion. The board of trustees may conduct on a fee basis extension courses

        S. 5855                             5                            A. 8519
 

     1  and courses for adult education  appropriate  to  the  field  of  higher
     2  education.  In  all  courses  and  courses  of  study  it  may,  in  its
     3  discretion, require students to pay library, laboratory, locker,  break-
     4  age and other instructional and non-instructional fees and meet the cost
     5  of  books and consumable supplies. In addition to the foregoing fees and
     6  charges, the board of trustees may impose and collect fees  and  charges
     7  for  student  government  and  other  student activities and receive and
     8  expend them as agent or trustee.
     9    § 5. The education law is amended by adding a  new  section  689-a  to
    10  read as follows:
    11    §  689-a.  Tuition  credits.  1.  The  New York state higher education
    12  services corporation shall calculate a tuition credit for each  resident

    13  undergraduate student who has filed an application with such corporation
    14  for  a  tuition assistance program award pursuant to section six hundred
    15  sixty-seven of this article, and is determined to be eligible to receive
    16  such award, and is also enrolled in a program of undergraduate study  at
    17  a  state  operated or senior college of the state university of New York
    18  or the city university of New York where the annual resident undergradu-
    19  ate tuition rate will exceed five thousand dollars. Such tuition  credit
    20  shall  be  calculated  for  each semester, quarter or term of study that
    21  tuition is charged and tuition for the corresponding  semester,  quarter
    22  or  term  shall  not  be  due  for  any student eligible to receive such

    23  tuition credit until such credit is calculated, the student  and  school
    24  where  the student is enrolled is notified of the tuition credit amount,
    25  and such tuition credit is applied toward the tuition charged.
    26    2. Each tuition credit pursuant to this section  shall  be  an  amount
    27  equal  to the product of the total annual resident undergraduate tuition
    28  rate minus five thousand dollars then multiplied by an amount  equal  to
    29  the  product  of  the  total  annual  award  for the student pursuant to
    30  section six hundred sixty-seven of this article  divided  by  an  amount
    31  equal to the maximum amount the student qualifies to receive pursuant to
    32  clause  (A)  of  subparagraph (i) of paragraph a of subdivision three of

    33  section six hundred sixty-seven of this article.
    34    § 6. Section 355 of the education law  is  amended  by  adding  a  new
    35  subdivision 6-a to read as follows:
    36    6-a.  The state university trustees shall adopt guidelines for founda-
    37  tions of state-operated campuses that require each foundation to adopt a
    38  conflict of interest policy applicable to such foundation and its affil-
    39  iated corporations. Among other items, the  state  university  trustees'
    40  guidelines  shall  require such foundation policies to provide: (a) that
    41  service as a board member or officer thereof shall  not  be  used  as  a
    42  means  for private benefit or inurement for the board member or officer,
    43  a relative thereof, or any entity in which the board member or  officer,

    44  or  relative  thereof,  has  a business interest; (b) no board member or
    45  officer who is a vendor of goods or services to the  foundation  or  its
    46  affiliated  corporation,  or who has a business interest in such vendor,
    47  or whose relative has a business interest in such vendor, shall vote on,
    48  or participate in the foundation's administration  of,  any  transaction
    49  with  such  vendor;  and  (c) a board member or officer shall advise the
    50  chair of the foundation or its affiliated corporation of his or a  rela-
    51  tive's  business  interest  in any such existing or proposed vendor with
    52  the foundation or its affiliate. The state university  trustees'  guide-
    53  lines  shall  define the nature of a business interest and the closeness

    54  of a personal relation that bring a relationship within the purposes  of
    55  this subdivision.

        S. 5855                             6                            A. 8519
 
     1    §  7.  Section  1 of chapter 174 of the laws of 1968, constituting the
     2  New York state urban development corporation act, is amended by adding a
     3  new section 45 to read as follows:
     4    §  45.  NY-SUNY 2020.   1. Notwithstanding the provisions of any other
     5  law to the contrary, the urban development corporation of the  state  of
     6  New  York  is  hereby  authorized to issue bonds or notes in one or more
     7  series for the purpose of funding project costs for  the  implementation
     8  of  a  NY-SUNY 2020 challenge grant program subject to the approval of a

     9  NY-SUNY 2020 plan or plans by the governor and  the  chancellor  of  the
    10  state  university  of  New York. The aggregate principal amount of bonds
    11  authorized to be issued  pursuant  to  this  section  shall  not  exceed
    12  $80,000,000,  excluding  bonds  issued  to fund one or more debt service
    13  reserve funds, to pay costs of issuance of  such  bonds,  and  bonds  or
    14  notes issued to refund or otherwise repay such bonds or notes previously
    15  issued.  Such  bonds and notes of the corporation shall not be a debt of
    16  the state, and the state shall not be liable thereon, nor shall they  be
    17  payable  out  of any funds other than those appropriated by the state to
    18  the corporation for principal, interest, and related  expenses  pursuant

    19  to a service contract and such bonds and notes shall contain on the face
    20  thereof  a  statement  to  such effect. Except for purposes of complying
    21  with the internal revenue code,  any  interest  income  earned  on  bond
    22  proceeds shall only be used to pay debt service on such bonds.
    23    2. Notwithstanding any other law, rule, or regulation to the contrary,
    24  the  comptroller  is  hereby  authorized  and directed to deposit to the
    25  credit of the capital projects fund, reimbursement from the proceeds  of
    26  notes  or bonds issued by the urban development corporation of the state
    27  of New York for capital disbursements of  up  to  $80,000,000  from  any
    28  appropriation  or reappropriation authorized by a chapter of the laws of

    29  2011 for NY-SUNY 2020 challenge grants.
    30    3. Notwithstanding any other provision of  law  to  the  contrary,  in
    31  order  to  assist  the  urban development corporation in undertaking the
    32  financing for  project  costs  for  the  NY-SUNY  2020  challenge  grant
    33  program,  the  director of the budget is hereby authorized to enter into
    34  one or more service contracts with the corporation, none of which  shall
    35  exceed  thirty  years in duration, upon such terms and conditions as the
    36  director of the budget and the corporation  agree,  so  as  to  annually
    37  provide  to  the  corporation, in the aggregate, a sum not to exceed the
    38  principal, interest, and related expenses required for  such  bonds  and

    39  notes.  Any service contract entered into pursuant to this section shall
    40  provide that the obligation of the  state  to  pay  the  amount  therein
    41  provided  shall not constitute a debt of the state within the meaning of
    42  any constitutional or statutory provision and shall be deemed  executory
    43  only  to  the  extent of monies available and that no liability shall be
    44  incurred by the state beyond the  monies  available  for  such  purpose,
    45  subject to annual appropriation by the legislature. Any such contract or
    46  any  payments  made or to be made thereunder may be assigned and pledged
    47  to the corporation as security for its bonds and notes, as authorized by
    48  this section.
    49    § 8. SUNY capital commitment.  Notwithstanding any provision  of  law,

    50  rule  or  regulation  to  the  contrary, of the amounts appropriated and
    51  designated as university wide within chapter 54 of the laws of 2011  for
    52  the  state  university  of New York or the state university construction
    53  fund, a total amount of $60,000,000 shall be divided equally amongst the
    54  university centers and such allocations shall be made available to  each
    55  university  center,  as  defined  by subdivision 7 of section 350 of the
    56  education law, for purposes  and  projects  identified  in  a  plan  and

        S. 5855                             7                            A. 8519
 
     1  approved  by  the governor and the chancellor of the state university of
     2  New York, and filed with the office of the  state  comptroller  for  the
     3  NY-SUNY  2020  challenge  grant  program.  Such funds shall be available
     4  during the 2011-12 academic year and thereafter.

     5    §  9.  University  center capital program flexibility. Notwithstanding
     6  any provision of law, rule or regulation to the contrary, of the amounts
     7  appropriated within chapter 54 of the laws of 2011 for the state univer-
     8  sity of New York or the state university construction fund:
     9    (1) designated amounts from advances for alterations and  improvements
    10  to  facilities  for capital critical maintenance appropriations or reap-
    11  propriations currently available to the university  centers  at  Albany,
    12  Binghamton, Buffalo, and Stony Brook; or
    13    (2)  advances to SUNY hospitals, shall be made available, for purposes
    14  and projects identified in a plan and approved by the governor  and  the
    15  chancellor  of  the  state  university  of  New York, and filed with the
    16  office of the state comptroller for the  NY-SUNY  2020  challenge  grant

    17  program.  The  funding  from  such  appropriations, reappropriations and
    18  advances that are designated to be  utilized  in  such  plans  shall  be
    19  specifically  identified  and shall be submitted to the temporary presi-
    20  dent of the senate and speaker of the assembly at least 15 days prior to
    21  the approval of the plan by the governor and the chancellor. Such  funds
    22  shall be available during the 2011-12 academic year and thereafter.
    23    § 10. (a) The amount specified in this act for state operations, or so
    24  much  thereof  as  shall be sufficient to accomplish the purposes desig-
    25  nated by the appropriation, is hereby appropriated and authorized to  be
    26  paid as hereinafter provided, to the purposes specified.
    27    (b)  No moneys appropriated by this act shall be available for payment
    28  until a certificate of approval has been issued by the director  of  the

    29  budget, who shall file such certificate with the department of audit and
    30  control,  the chairperson of the senate finance committee and the chair-
    31  person of the assembly ways and means committee.
    32    (c) The appropriations contained in this act shall be available  imme-
    33  diately.
 
    34                        STATE UNIVERSITY OF NEW YORK
 
    35    Special Revenue Funds - Other
    36    State University Income Fund
    37    State University Revenue Offset Account
 
    38  For services and expenses of state universi-
    39    ty  operations and activities supported by
    40    tuition .................................... $52,200,000
    41    § 11. (a) The amount specified in this act for state operations, or so
    42  much thereof as shall be sufficient to accomplish  the  purposes  desig-
    43  nated  by the appropriation, is hereby appropriated and authorized to be
    44  paid as hereinafter provided, to the purposes specified.

    45    (b) No moneys appropriated by this act shall be available for  payment
    46  until  a  certificate of approval has been issued by the director of the
    47  budget, who shall file such certificate with the department of audit and
    48  control, the chairperson of the senate finance committee and the  chair-
    49  person of the assembly ways and means committee.
    50    (c)  The appropriations contained in this act shall be available imme-
    51  diately.

        S. 5855                             8                            A. 8519
 
     1                         CITY UNIVERSITY OF NEW YORK
 
     2    Fiduciary Funds
     3    CUNY Senior College Operating Fund
     4    CUNY Senior College Operating Account
 
     5  For services and expenses of city university
     6    operations  and  activities  supported  by
     7    tuition .................................... $76,300,000

     8    § 12.  Any contracts awarded or entered into by any  State  University
     9  of  New York at Buffalo campus related foundation, alumni association or
    10  affiliate thereof, any not-for-profit corporation or association  organ-
    11  ized  by the president of the State University of New York at Buffalo to
    12  further its purposes, or any limited liability company whose sole member
    13  is any of the foregoing entities, or by  the  State  University  of  New
    14  York, the State University Construction Fund, or the Dormitory Authority
    15  of  the State of New York, on behalf of the State University of New York
    16  at Buffalo,  for  construction,  reconstruction,  renovation,  rehabili-
    17  tation,  improvement or expansion at the State University of New York at
    18  Buffalo, for any single construction project exceeding  $20  million  in
    19  the aggregate, for which more than twenty-five percent of such aggregate

    20  amount  is  to be paid from appropriations furnished by either the State
    21  of New York or the State University  of  New  York,  such  construction,
    22  reconstruction,  renovation, rehabilitation, improvement or expansion at
    23  the State University of New York at Buffalo shall be undertaken pursuant
    24  to a project labor agreement, as defined in subdivision 1 of section 222
    25  of the labor law, provided a study done by or for the contracting entity
    26  determines  that  a  project   labor   agreement   will   benefit   such
    27  construction, reconstruction, renovation, rehabilitation, improvement or
    28  expansion  through  reduced  risk  of  delay,  potential cost savings or
    29  potential reduction in the risk of labor unrest in light of  any  perti-
    30  nent  local history thereof. For purposes of applying the dollar thresh-
    31  olds set forth in the preceding sentence, the term "single  construction

    32  project" shall mean any functionally-interdependent construction, recon-
    33  struction, renovation, rehabilitation, improvement or expansion activity
    34  associated  with  a single building, structure or improvement, including
    35  all directly related infrastructure and site work in contemplation ther-
    36  eof.
    37    § 13. Notwithstanding the provisions of any general, special, or local
    38  law or judicial decision to the contrary:
    39    (a) Any university center campus related  foundation,  alumni  associ-
    40  ation  or  affiliate  thereof, any not-for-profit corporation or associ-
    41  ation organized by the president of a university center to  further  its
    42  purposes,  or  any limited liability company whose sole member is any of
    43  the foregoing entities, or by the State  University  of  New  York,  the
    44  State  University  Construction  Fund, or the Dormitory Authority of the

    45  State of New York, on behalf of a university center at Albany,  Bingham-
    46  ton, or Stony Brook may require a contractor awarded a contract, subcon-
    47  tract,  lease, grant, bond, covenant or other agreement for a project to
    48  enter into a project labor agreement during and for  the  work  involved
    49  with  such  project  when  such  requirement  is part of any request for
    50  proposals on behalf of such university centers for the project. When any
    51  such university center campus related foundation, alumni association  or
    52  affiliate  thereof, any not-for-profit corporation or association organ-
    53  ized by the president of a university center to further its purposes, or
    54  any limited liability company whose sole member is any of the  foregoing

        S. 5855                             9                            A. 8519
 

     1  entities,  or  the  State  University  of New York, the State University
     2  Construction Fund, or the Dormitory Authority of the State of New  York,
     3  on  behalf  of a university center at Albany, Binghamton, or Stony Brook
     4  determine  that the record supporting the decision to enter into such an
     5  agreement establishes that  the  interests  underlying  the  competitive
     6  bidding laws are best met by requiring a project labor agreement includ-
     7  ing:  obtaining  the  best work at the lowest possible price; preventing
     8  favoritism, fraud and corruption; the impact of delay;  the  possibility
     9  of cost savings; and any local history of labor unrest.
    10    (b)  If  any  such university center campus related foundation, alumni
    11  association or affiliate  thereof,  any  not-for-profit  corporation  or
    12  association organized by the president of a university center to further

    13  its  purposes, or any limited liability company whose sole member is any
    14  of the foregoing entities, or by the State University of New  York,  the
    15  State  University  Construction  Fund, or the Dormitory Authority of the
    16  State of New York, on behalf of a university center at Albany,  Bingham-
    17  ton, or Stony Brook does not require a project labor agreement, then any
    18  contractor,  subcontractor, lease, grant, bond, covenant or other agree-
    19  ments for a project shall be awarded pursuant  to  section  135  of  the
    20  state finance law.
    21    §  14.  Section  359  of  the education law is amended by adding a new
    22  subdivision 5 to read as follows:
    23    5. The state university trustees shall conduct a study  regarding  the
    24  effectiveness and functionality of the New York state tuition assistance

    25  program,  which  shall  consider a variety of factors including, but not
    26  limited to, the costs associated with pursuing a degree in undergraduate
    27  study, current tuition assistance program thresholds and  award  levels,
    28  current  eligibility  criteria to qualify for an award under the tuition
    29  assistance program, and any other information the trustees determine  to
    30  be relevant. The study shall also include recommendations to improve the
    31  tuition assistance program to better meet the future financial aid needs
    32  of  students who reside in New York state and to ensure continued access
    33  and affordability of the state university of New York. The  study  shall
    34  be submitted to the governor, the temporary president of the senate, the

    35  speaker of the assembly, the director of the division of the budget, the
    36  senate  finance committee, the assembly ways and means committee and the
    37  higher education committees of the  legislature  on  or  before  October
    38  first,  two  thousand  thirteen. In addition, the state university shall
    39  annually examine and report on each state-operated   campus' efforts  to
    40  promote  fiscal stability for the duration of the five year tuition plan
    41  by implementing cost saving measures and increasing fundraising efforts.
    42  Further, the trustees shall periodically review their patent policies to
    43  ensure competitiveness, and shall annually report  on  how  the  revenue
    44  generated by this paragraph has helped retain and grow full-time faculty

    45  and  increase  program  availability.  The University Centers shall also
    46  report annually to the state university trustees on how research revenue
    47  yields quantifiable results for each of  the  four  campuses  and  state
    48  university  of  New  York at Buffalo and state university of New York at
    49  Stony Brook shall additionally report on what each campus  is  doing  to
    50  maintain their AAU status.
    51    §  15.  Section  6206  of the education law is amended by adding a new
    52  subdivision 17 to read as follows:
    53    17. The city university trustees shall conduct a study  regarding  the
    54  effectiveness and functionality of the New York state tuition assistance
    55  program,  which  shall  consider a variety of factors including, but not

    56  limited to, the costs associated with pursuing a degree in undergraduate

        S. 5855                            10                            A. 8519
 
     1  study, current tuition assistance program thresholds and  award  levels,
     2  current  eligibility  criteria to qualify for an award under the tuition
     3  assistance program and any other information the trustees  determine  to
     4  be relevant. The study shall also include recommendations to improve the
     5  tuition assistance program to better meet the future financial aid needs
     6  of  students who reside in New York state and to ensure continued access
     7  and affordability of the city university of New York. The study shall be
     8  submitted to the governor, the temporary president of  the  senate,  the

     9  speaker  of  the  assembly,  the director of the division of budget, the
    10  senate finance committee, the assembly ways and means committee and  the
    11  higher  education  committees  of  the  legislature on or before October
    12  first, two thousand thirteen. In addition,  the  city  university  shall
    13  annually  examine  and  report on each state-operated campus' efforts to
    14  promote fiscal stability for the duration of the five year tuition  plan
    15  by implementing cost saving measures and increasing fundraising efforts.
    16    § 16. This act shall take effect July 1, 2011 and shall expire 5 years
    17  after such effective date when upon such date the provisions of this act
    18  shall be deemed repealed.
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