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                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         340--A
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 5, 2011
                                       ___________
 
        Introduced by M. of A. PAULIN, SPANO, LUPARDO, CASTELLI -- read once and
          referred to the Committee on Higher Education -- committee discharged,
          bill  amended,  ordered  reprinted  as amended and recommitted to said
          committee
 

        AN ACT to authorize the lease of lands located at the  state  university
          of New York at Purchase
 
          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
     2  provision  of  a senior learning community upon the grounds of the state
     3  university of New York at Purchase is appropriate to further the  objec-
     4  tives and purposes of the state university of New York.  The legislature
     5  further  finds that granting the trustees of the state university of New
     6  York the authority and power to lease and  otherwise  contract  to  make
     7  available  grounds  and facilities of the campus of the state university
     8  of New York at Purchase will ensure  the  availability  of  such  senior
     9  learning  community,  and also promote the effective use of such grounds

    10  and facilities.
    11    § 2. The trustees of the state  university  of  New  York  are  hereby
    12  authorized to lease without any public bidding a portion of the lands of
    13  the state university of New York at Purchase generally described in this
    14  act  to  the  Purchase college advancement corporation, a not-for-profit
    15  corporation, upon such terms and conditions as the trustees deem  advis-
    16  able,  for an initial term not to exceed forty years or for such time as
    17  may be necessary to complete  repayment  of  any  debt  related  to  the
    18  projects described in this act, whichever is shorter.  In the event that
    19  the  real  property which is the subject of such lease or contract shall
    20  cease to be used for the purposes described  in  this  act,  said  lease
    21  shall  immediately  terminate and the real property and any improvements

    22  thereon shall revert to the state university of New York.  Any  contract
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02543-04-1
        A. 340--A                           2
 
     1  or  lease  entered into pursuant to this act shall provide that the real
     2  property which is the subject of such lease or contract and any improve-
     3  ments thereon shall revert to the state university of New York upon  the
     4  expiration  of  such  lease. The description of the parcels to be leased
     5  pursuant to such section are not meant to be legal descriptions, but are
     6  intended only to identify the parcels and improvements to be leased  for
     7  purposes consistent with the mission of the state university of New York

     8  at Purchase.
     9    §  3.  For  the purposes of this act: (a) "project" shall mean work at
    10  the property authorized by this act to be leased to the Purchase college
    11  advancement corporation as described in section  fourteen  of  this  act
    12  that  involves  the  design,  construction,  reconstruction, demolition,
    13  excavating, rehabilitation, repair, renovation, alteration  or  improve-
    14  ment of a senior learning community.
    15    (b)  "project  labor  agreement"  shall  mean  a  pre-hire  collective
    16  bargaining agreement between a  contractor  and  a  labor  organization,
    17  establishing  the labor organization as the collective bargaining repre-
    18  sentative for all persons who will perform  work  on  the  project,  and
    19  which  provides that only contractors and subcontractors who sign a pre-
    20  negotiated agreement with the labor  organization  can  perform  project
    21  work.

    22    § 4.  Notwithstanding the provisions of any general, special, or local
    23  law or judicial decision to the contrary:
    24    (a)  The  Purchase  college  advancement  corporation  may  require  a
    25  contractor awarded a contract, subcontract, lease, grant, bond, covenant
    26  or other agreement for a project to enter into a project labor agreement
    27  during and for the work involved with such project when such requirement
    28  is part of the Purchase college advancement  corporation's  request  for
    29  proposals  for  the  project  and  when the Purchase college advancement
    30  corporation determines that the record supporting the decision to  enter
    31  into  such  an  agreement  establishes that the interests underlying the
    32  competitive bidding laws are best  met  by  requiring  a  project  labor
    33  agreement  including:    obtaining  the best work at the lowest possible

    34  price; preventing favoritism, fraud and corruption; the impact of delay;
    35  the possibility of cost savings; and any local history of labor unrest.
    36    (b) If the Purchase college advancement corporation does not require a
    37  project labor agreement,  then  any  contractor,  subcontractor,  lease,
    38  grant, bond, covenant or other agreements for a project shall be awarded
    39  pursuant to section 135 of the state finance law.
    40    (c) Any contract to which the Purchase college advancement corporation
    41  is  a  party,  and  any contract entered into by a third party acting in
    42  place of, on behalf of and for  the  benefit  of  the  Purchase  college
    43  advancement corporation pursuant to any lease, permit or other agreement
    44  between  such  third  party  and the Purchase college advancement corpo-
    45  ration, for a project deemed a public works project for the purposes  of

    46  article  8  of  the  labor  law,  and  shall  be  subject  to all of the
    47  provisions of article 8 of the labor law, including the  enforcement  of
    48  prevailing  wage  requirements by the fiscal officer as defined in para-
    49  graph e of subdivision 5 of section 220 of the labor  law  to  the  same
    50  extent as a contract of the state.
    51    (d)  Every  contract  entered into by the Purchase college advancement
    52  corporation for a project shall contain a provision that the  contractor
    53  shall  furnish  a labor and material bond guaranteeing prompt payment of
    54  moneys that are due to all persons furnishing labor and materials pursu-
    55  ant to the requirements of any contracts for a project undertaken pursu-
    56  ant to this section and a performance bond for the faithful  performance
        A. 340--A                           3
 

     1  of  the  project, which shall conform to the provisions of section 103-f
     2  of the general municipal law, and that a copy of  such  performance  and
     3  payment  bonds  shall be kept by the Purchase college advancement corpo-
     4  ration and shall be open to public inspection.
     5    (e)  For  the purposes of article 15-A of the executive law, any indi-
     6  vidual, public corporation or authority,  private  corporation,  limited
     7  liability  company  or  partnership  or  other  entity  entering  into a
     8  contract, subcontract, lease, grant, bond, covenant or  other  agreement
     9  for  a  project  authorized  pursuant  to this section shall be deemed a
    10  state agency as that term is defined in such article and such  contracts
    11  shall  be  deemed state contracts within the meaning of that term as set
    12  forth in such article.
    13    (f) Whenever the Purchase college advancement corporation enters  into

    14  a contract, subcontract, lease, grant, bond, covenant or other agreement
    15  for  a  project  undertaken  pursuant  to this act, the Purchase college
    16  advancement corporation shall consider the financial and  organizational
    17  capacity  of contractors and subcontractors in relation to the magnitude
    18  of work they may perform, the record of performance of  contractors  and
    19  subcontractors  on  previous work, the record of contractors and subcon-
    20  tractors in complying with  existing  labor  standards  and  maintaining
    21  harmonious  labor  relations,  and the commitment of contractors to work
    22  with minority and women owned business enterprises pursuant  to  article
    23  15-A  of  the  executive  law  through  joint  ventures or subcontractor
    24  relationships.
    25    § 5. The Purchase college advancement corporation shall  require  that
    26  whenever  work  is  performed  under  this  section, the contractors and

    27  subcontractors shall have apprenticeship programs  appropriate  for  the
    28  type  and  scope of work to be performed, that have been registered with
    29  and approved by the commissioner of labor pursuant to article 23 of  the
    30  labor law. Additionally, it must be demonstrated that the apprenticeship
    31  program  has  made  significant  efforts  to attract and retain minority
    32  apprentices, as determined by affirmative action goals  established  for
    33  such programs by the department of labor.
    34    § 6. Whenever the Purchase college advancement corporation enters into
    35  a  contract  under  which  employees  are  employed  to perform building
    36  service work, as that term is defined in section 230 of the  labor  law,
    37  such  work  shall  be  subject to article 9 of the labor law to the same
    38  extent as building services work performed pursuant to a contract with a
    39  public agency.

    40    § 7. Whenever employees perform work at the senior learning  community
    41  other  than work performed under sections four and six of this act, such
    42  employees shall be paid by their employer no less than the median hourly
    43  wage for "all occupations" in the metropolitan statistical area  closest
    44  to  the project location, published by the United States bureau of labor
    45  statistics, for the duration of the lease term.  All of  the  provisions
    46  of article 9 of the labor law shall apply. Employers shall be subject to
    47  the requirements of contractors under article 9 of the labor law.
    48    § 8. All developers must have entered into an agreement with the labor
    49  organization or organizations that is/are actively engaged in represent-
    50  ing  and  attempting  to  represent  food and beverage, housekeeping, or
    51  other service employees in the state university of New York at  Purchase

    52  area  that  is  valid and enforceable under 29 U.S.C. section 185(a) and
    53  that prohibits any strikes, picketing  or  other  economic  interference
    54  with  such  food and beverage, housekeeping, or other service operations
    55  and ensures that any such operations that are conducted by  contractors,
    56  subcontractors,  licensees,  assignees,  tenants or subtenants, shall be
        A. 340--A                           4
 
     1  done under contracts enforceable under 29 U.S.C. section 185(a) contain-
     2  ing the same provisions as specified above.
     3    §  9. Notwithstanding any other provision of this act, an employer and
     4  employee organization of the senior learning community may enter into an
     5  agreement which shall: (1) confer jurisdiction of  the  New  York  state
     6  employment  relations  board; (2) provide for participation in an agree-

     7  ment for the designation of collective bargaining under subdivision 1 of
     8  section 705 of the labor law, commonly known  as  card  check;  and  (3)
     9  impose  no  strike  provisions  as  set forth in subdivision two of this
    10  section. Upon execution of such an agreement by both parties  containing
    11  all of the provisions set forth in this subdivision, the agreement shall
    12  be binding and enforceable against both parties.
    13    §  10.  Nothing  in  this  act  shall be deemed to waive or impair any
    14  rights or benefits of employees of the state university of New York that
    15  otherwise would be available to them pursuant to the terms of agreements
    16  between the certified representatives of such employees and the state of
    17  New York pursuant to article 14 of  the  civil  service  law;  all  work
    18  performed on such property that would ordinarily be performed by employ-

    19  ees  subject to article 14 of the civil service law shall continue to be
    20  performed by such employees.
    21    § 11. Without limiting the determination of such terms and  conditions
    22  by  said  trustees,  such  terms and conditions may provide for leasing,
    23  construction, reconstruction, rehabilitation, improvement, operation and
    24  management of and provision of services and assistance and  granting  of
    25  licenses,  easements  and other arrangements with regard to such grounds
    26  and facilities by  the  Purchase  college  advancement  corporation  and
    27  parties  contracting  with  the Purchase college advancement corporation
    28  and, in connection with such activities,  the  obtaining  of  financing,
    29  whether  public  or  private  or  secured (including but not limited to,
    30  secured by leasehold mortgages and assignments of rents and leases),  by

    31  the  Purchase  college  advancement  corporation and parties contracting
    32  with the Purchase college advancement corporation, for the  purposes  of
    33  completing the projects described in this act.
    34    Parcel  C  shall  be  leased  for the development of not more than 385
    35  units of a senior learning community.
    36    § 12. Any contracts entered into pursuant  to  this  act  between  the
    37  Purchase  college  advancement  corporation and parties contracting with
    38  the Purchase college advancement  corporation  shall  be  awarded  by  a
    39  competitive process.
    40    § 13. (a) Any contracts or leases entered into by the state university
    41  of  New York or the Purchase college advancement corporation pursuant to
    42  this act shall be subject to approval of the attorney general as to form
    43  as well as by the director of the budget and the state comptroller.  Any

    44  and all proceeds relating to the leases authorized by this act shall  be
    45  allocated by the board of trustees for Purchase college, state universi-
    46  ty  of  New  York, in the following manner:  seventy-five percent to the
    47  student financial aid for students who are eligible to receive a tuition
    48  assistance award or supplemental tuition assistance pursuant to  section
    49  667  or  667-a  of  the education law and twenty-five percent to support
    50  additional full-time faculty positions.
    51    (b) The trustees of the state university of New   York  shall,  on  or
    52  before  July  first  of each year that a lease of lands as authorized by
    53  this act remains in effect, report to the governor, the temporary presi-
    54  dent of the senate, the speaker of the assembly,  the  director  of  the
    55  division  of the budget, the senate finance committee, the assembly ways

    56  and means committee and the higher education committees of the  legisla-
        A. 340--A                           5
 
     1  ture  the following information: (i) all proceeds derived from any lease
     2  authorized by this act with a description of how such proceeds have been
     3  allocated that year under subdivision (a)  of  this  section;  (ii)  the
     4  amount  of  funds  spent at the state university of New York at Purchase
     5  for additional full-time faculty positions and the number of  additional
     6  faculty  positions  associated with such amount; and (iii) the amount of
     7  funds spent at the state university of New York at Purchase for  student
     8  scholarships,  the  total number of students receiving such scholarships
     9  and the number  of  students  receiving  such  scholarships  within  the
    10  following  income, as defined in section 663 of the education law, cate-

    11  gories:  (A)  0-20,000   dollars;   (B)   20,001-40,000   dollars;   (C)
    12  40,001-60,000 dollars; and (D) 60,001-80,000 dollars.
    13    § 14. The property authorized by this act to be leased to the Purchase
    14  college  advancement  corporation  is generally described as a parcel of
    15  real property with improvements  thereon,  consisting  of  approximately
    16  40.5  acres,  situated on the campus of the state university of New York
    17  at Purchase. The description in this section of the land to be leased is
    18  not a legal description, but is intended only to identify  the  premises
    19  to  be  leased  for  purposes  consistent  with the mission of the state
    20  university of New York at Purchase:
 
    21                                  Parcel C
    22  ALL that plot, piece or parcel of land situate and being in the Town  of
    23  Harrison,  County  of  Westchester  and  State  of New York, bounded and

    24  described as follows:
    25  BEGINNING at a point at the southeasterly corner of the herein described
    26  Lease Parcel C, said point being located, N 80  51' 39" W 163.33 feet, N
    27  81  12' 39" W 4.91 feet, N 02  00' 00" W 407.31 feet and N 00  19' 17" E
    28  62.93 feet from the point of beginning of Parcel #1 as shown  on  a  map
    29  entitled,  "Department of Education, State University of New York, State
    30  University College at Westchester, Map #1, Parcels 1, 2  and  3",  dated
    31  and filed in the office of the Department of Public Works, May 27, 1966;
    32  thence  through  Parcel #1 along the northerly and easterly side of West
    33  Road, N 79  50' 00" W 285.54 feet, northwesterly on a curve to the right
    34  of radius 743.00 feet, an arc length of  988.36  feet,  having  a  chord
    35  bearing  N 41  43' 30" W 917.09 feet, N 03  37' 00" W 178.77 feet, N 06 

    36  55' 00" E 1326.17 feet and northwesterly on a curve to the left of radi-
    37  us 592.00 feet, an arc length of 172.61 feet, having a chord  bearing  N
    38  01   26'  11" W 172.00 feet to a point; thence leaving the easterly side
    39  of West Road and continuing through Parcel #1, N 77  18'  00"  E  130.00
    40  feet,  N  82   12' 00" E 140.00 feet, S 09  47' 00" E 364.83 feet, S 69 
    41  00' 00" E 463.42 feet, S 00  02' 00" E 369.54 feet,  S  27   40'  00"  W
    42  194.81 feet, S 79  51' 00" E 154.52 feet, S 10  39' 00" W 325.93 feet, S
    43  03   48' 00" E 310.96 feet, S 04  45' 00" W 271.62 feet, S 01  38' 00" E
    44  142.45 feet and S 03  04' 00" W 311.20 feet to the  point  or  place  of
    45  beginning.
    46  CONTAINING 40.05 ACRES OF LAND
    47    § 15. The state university of New York shall not lease lands described
    48  in  this  act  unless  a  contract  is  executed by the Purchase college

    49  advancement corporation or lessee for a project  pursuant  to  this  act
    50  within three years of the effective date of this act.
    51    § 16. Any lease or other agreement executed pursuant to this act shall
    52  include  an indemnity provision whereby the lessee or sublessee promises
    53  to indemnify, hold harmless, and defend the lessor against  all  claims,
    54  suits,  actions,  and  liability  to all persons on the leased premises,
    55  including tenant, tenant's agents, contractors, subcontractors,  employ-
        A. 340--A                           6
 
     1  ees,  customers, guests, licensees, invitees, and members of the public,
     2  for damage to any such person's property, whether real or  personal,  or
     3  for  personal  injuries arising out of tenant's use or occupation of the
     4  demised premises.
     5    §  17. Insofar as the provisions of this act are inconsistent with the

     6  provisions of any law, general, special or local, the provisions of this
     7  act shall be controlling; provided, however, that all leases, contracts,
     8  financing, granting of licenses, easements, and other arrangements  with
     9  regard  to  a  project  pursuant  to  this  act  shall be subject to the
    10  provisions of article 8 of the environmental conservation law.
    11    § 18. The state university trustees are hereby authorized and directed
    12  to designate and maintain a minimum of 80 acres of real property located
    13  within the boundaries of the campus of the state university of New  York
    14  at Purchase for permanent preservation as open space lands.
    15    § 19. All real property included in section eighteen of this act shall
    16  be maintained for one or more of the following purposes:
    17    (a) open space lands and natural areas for maintaining plants, animals
    18  and natural communities; and

    19    (b)  an area of natural or historic interest and beauty which provides
    20  the public with passive recreational opportunities.
    21    § 20. (a) The state university trustees shall cause to be undertaken a
    22  survey of the real property included in section nineteen  of  this  act.
    23  Such survey shall be completed and made available to the legislature and
    24  the  public  not  later than six months after the effective date of this
    25  act.
    26    (b) The state university trustees shall develop, in consultation  with
    27  the department of environmental conservation, a stewardship plan for the
    28  maintenance  of  the  real property included in section nineteen of this
    29  act as open lands. Such plan shall be completed and  made  available  to
    30  the  public  not  later than six months after the effective date of this
    31  act.
    32    § 21. (a) Any contract or leases entered into by the state  university

    33  of  New York or the Purchase college advancement corporation pursuant to
    34  this act shall provide that not less than 20 percent of the units in the
    35  senior learning community must, upon the initial rental of the units and
    36  upon all subsequent rentals of the units after a vacancy, be  affordable
    37  to  and  occupied  or available for occupancy by individuals or families
    38  whose incomes at the time of initial occupancy do not exceed 80  percent
    39  of  the  median household income for the county of Westchester as calcu-
    40  lated by the United States census bureau.
    41    (b) All affordable units must be geographically  integrated  with  the
    42  market rate units and residents of such units shall be provided with and
    43  have  access  to the services and amenities available to other residents
    44  in the development.
    45    (c) Residents of the county where the  development  is  located  shall

    46  have  priority  for  the  rental  of 50 percent of the affordable units,
    47  provided they meet the income requirements of this section.
    48    § 22. This act shall take effect immediately.