Relates to administrative flexibility of the state university construction fund and the development of university-related economic development facilities.
STATE OF NEW YORK
________________________________________________________________________
1046
2009-2010 Regular Sessions
IN SENATE
January 22, 2009
___________
Introduced by Sens. LAVALLE, ONORATO, PARKER, VOLKER -- read twice and
ordered printed, and when printed to be committed to the Committee on
Higher Education
AN ACT to amend the education law, in relation to administrative flexi-
bility of the state university construction fund and the development
of university-related economic development facilities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The opening paragraph of subdivision 1 and subdivision 2 of
2 section 372-a of the education law, as added by chapter 624 of the laws
3 of 1999 and paragraph a of subdivision 2 as amended by chapter 609 of
4 the laws of 2003, are amended to read as follows:
5 Notwithstanding subdivisions one through six and eight through ten of
6 section three hundred seventy-six of this article, the provisions of
7 this section shall apply to the fund when it acts pursuant to the
8 authorization under this section. Pursuant to the authorization in this
9 section and approval by the trustees of the university, the fund may
10 acquire, design, construct, reconstruct, rehabilitate, improve, lease,
11 manage and/or operate university-related economic development facili-
12 ties. University-related economic development facilities, as used in
13 this chapter, shall mean facilities authorized by subdivision two of
14 this section which are intended to serve the university community or
15 facilities for research, development and commercial enterprises dealing
16 in products and/or services related to the mission or academic special-
17 ties of the campus associated with such facilities, or dealing in
18 support products or services for such enterprises which will have a
19 significant economic benefit. Consistent with such authorization, the
20 state university trustees are authorized to enter into contracts or
21 leases for lands and facilities authorized in subdivision two of this
22 section. Such leases or contracts shall be for the development,
23 construction, and operation of such facilities by the fund.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05388-01-9
S. 1046 2
1 Construction, acquisition, rehabilitation, improvement, facilities oper-
2 ation management, mortgaging with any private lender (including other
3 security or financing arrangements incidental or related thereto or
4 customary in connection therewith, leasehold mortgaging or assignment of
5 rents) leasing, subleasing of, providing services for or otherwise
6 assisting or granting of easements, licenses or other arrangements in
7 regard to such facilities and underlying land may be provided from time
8 to time without public bidding or sale by such contracts or leases (and
9 replacements, modifications, substitutions and renewals thereof) and
10 upon such terms as the trustees may approve provided, however, that:
11 2. Subsequent to the approval of the trustees of the state university,
12 the following facilities are specifically and expressly authorized by
13 law [and] subject to the terms and conditions set forth herein;
14 provided, however, that the approval of the trustees shall include a
15 determination based upon the record before them that such authorization,
16 and the participation of the fund, will enhance economic development,
17 and will not displace development by the private sector:
18 a. Facilities to be constructed on real property which is:
19 i. not property of the state university of New York, or
20 ii. leased or assigned under authority of another statute of the state
21 of New York.
22 b. Pharmaceutical technology/manufacturing building and an affiliated
23 academic incubator at state university of New York college at Farming-
24 dale. The state university of New York is authorized to establish an
25 account to receive payments from leases of the pharmaceutical
26 technology/manufacturing building. Any payments deposited into this
27 account may be transferred to the fund for payments related to design,
28 construction, reconstruction, rehabilitation or improvement of the
29 affiliated academic incubator authorized in this paragraph.
30 § 2. Subdivision 6 of section 376 of the education law, as amended by
31 chapter 624 of the laws of 1999, is amended to read as follows:
32 6. Each contract for the construction, acquisition, reconstruction,
33 rehabilitation or improvement of academic buildings, dormitories and
34 other facilities shall include a provision that the architect who
35 designed the facility, or an architect or engineer, [or, for projects
36 authorized by section three hundred seventy-two-a of this article] a
37 construction manager or other consultant, retained specifically for the
38 purpose of supervision, shall supervise the work to be performed through
39 to completion and shall see to it that the materials furnished and the
40 work performed are in accordance with the drawings, plans, specifica-
41 tions and contract therefor.
42 § 3. Section 376 of the education law is amended by adding a new
43 subdivision 11 to read as follows:
44 11. Notwithstanding any other law, rule or regulation, upon the
45 approval of the trustees, the fund may solicit proposals and award
46 contracts for design/build projects to an entity or combination of enti-
47 ties on a project specific basis. Such entity or combination of entities
48 shall be selected by a competitive process which gives due consideration
49 to cost. Such approval shall include a justification stating the finan-
50 cial schedule and/or other benefits to the state university and the
51 public over traditional competitive bidding procedures. The fund shall
52 award such design/build contracts in accordance with the fund's guide-
53 lines for the award of procurement contracts based on a clear and
54 detailed scope of work. Such guidelines shall be subject to review and
55 approval by the state comptroller and shall establish procedures and
56 criteria for public advertisement, qualification of proposers and award
S. 1046 3
1 for design/build contracts. No more than seven percent of the value of
2 the university's capital program shall be so expended utilizing this
3 method; the cost of any project with respect to which the legislature
4 expressly authorizes or directs this method shall not be counted against
5 this maximum. The fund shall issue a report on or before June first, two
6 thousand eleven to the governor, the temporary president of the senate,
7 the speaker of the assembly, the director of the budget and the chairs
8 of the senate finance committee and the assembly ways and means commit-
9 tee. This subdivision shall expire and be deemed repealed June one, two
10 thousand thirteen.
11 § 4. This act shall take effect immediately.
