STATE OF NEW YORK
________________________________________________________________________
3143--A
2011-2012 Regular Sessions
IN SENATE
February 9, 2011
___________
Introduced by Sens. GRISANTI, MAZIARZ, GALLIVAN, RANZENHOFER, KENNEDY --
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 commit-
tee
AN ACT to amend the education law, the public authorities law and the
general municipal law, in relation to authorizing tuition increases
for the State University of New York at Buffalo (Part A); to amend the
education law, in relation to the use of State University of New York
at Buffalo property (Part B); to amend the education law, the state
finance law and the tax law, in relation to the ability of the state
university trustees to purchase items and enter into contracts and
agreements (Part C); to amend the education law and the state finance
law, in relation to the distribution of money received from various
sources related to the State University of New York at Buffalo (Part
D); and to amend the education law, in relation to providing that
certain lease of the State University of New York at Buffalo need not
be submitted to the attorney general for his or her approval (Part E)
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "UB 2020 flexibility and economic growth act".
3 § 2. Legislative findings and intent. The State University of New
4 York at Buffalo ranks as one of the foremost research academic insti-
5 tutions in New York, and has the potential to become a regional economic
6 engine. The University's UB 2020 initiative, through which it seeks to
7 increase enrollment, expand its research capabilities and revitalize its
8 campuses, can serve as the catalyst for re-energizing the western New
9 York economy and workforce development.
10 In light of the current condition of the western New York economy and
11 the State University of New York at Buffalo's desire to enhance its
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06328-06-1
S. 3143--A 2
1 academic research capabilities, the University is the ideal candidate to
2 pilot a number of reforms recently proposed by the New York State
3 commission on higher education. These proposals will require the state
4 of New York to maintain its current level of financial commitment to the
5 State University of New York at Buffalo.
6 Finally, the legislature intends to monitor the University at
7 Buffalo's implementation of these reforms, their impact in western New
8 York, and their potential for broader application. This monitoring
9 shall include the efforts by and on behalf of the University at Buffalo
10 to ensure a diverse workforce on UB 2020 capital projects.
11 § 3. This act enacts into law major components of legislation which
12 are necessary for the efficient and productive operation of the State
13 University of New York at Buffalo. Each component is wholly contained
14 within a Part identified as Parts A through E. The effective date or
15 dates for each particular provision contained within such Part are set
16 forth in the last section of such Part. Any provision in any section
17 contained within a Part, including the effective date of the Part, which
18 makes reference to a section "of this act", when used in connection with
19 that particular component, shall be deemed to mean and refer to the
20 corresponding section of the Part in which it is found.
21 PART A
22 Section 1. Subparagraph 4 of paragraph h of subdivision 2 of section
23 355 of the education law, as amended by chapter 309 of the laws of 1996,
24 is amended to read as follows:
25 (4) [The] Except as hereinafter provided with respect to students at
26 the State University of New York at Buffalo, the trustees shall not
27 impose a differential tuition charge based upon need or income. [All]
28 Except as hereinafter provided with respect to students at the State
29 University of New York at Buffalo, all students enrolled in programs
30 leading to like degrees at state-operated institutions of the state
31 university shall be charged a uniform rate of tuition except for differ-
32 ential tuition rates based on state residency. Except as hereinafter
33 provided with respect to students at the State University of New York at
34 Buffalo, the trustees shall not adopt changes affecting tuition charges
35 prior to the enactment of the annual budget. Provided, however, that the
36 trustees may authorize the presidents of the colleges of technology and
37 the colleges of agriculture and technology to set differing rates of
38 tuition for each of the colleges for students enrolled in degree-grant-
39 ing programs leading to an associate degree and non-degree granting
40 programs so long as such tuition rate does not exceed the tuition rate
41 charged to students who are enrolled in like degree programs or degree-
42 granting undergraduate programs leading to a baccalaureate degree at
43 other state-operated institutions of the state university of New York.
44 [The trustees shall not adopt changes affecting tuition charges prior to
45 the enactment of the annual budget.]
46 § 1-a. Paragraph h of subdivision 2 of section 355 of the education
47 law is amended by adding a new subparagraph 4-a to read as follows:
48 (4-a) A. Commencing with the two thousand eleven--two thousand twelve
49 academic year, the president of the State University of New York at
50 Buffalo, with approval from the trustees, is authorized to set differing
51 rates of tuition by program and, within each program, by class year, for
52 students enrolled in degree granting programs at the State University of
53 New York at Buffalo as set forth in this clause. Tuition for students
54 enrolled in any particular undergraduate and graduate degree granting
S. 3143--A 3
1 program at the State University of New York at Buffalo, including
2 in-state, out-of-state, full-time and part-time students, and tuition
3 for students enrolled in professional degree programs at the State
4 University of New York at Buffalo, including, but not limited to, doctor
5 of medicine, doctor of dentistry, doctor of nursing practice, doctor of
6 physical therapy, juris doctor, doctor of pharmacy and masters in busi-
7 ness administration, may be increased each year to the public institu-
8 tion mean tuition among public member institutions of the Association of
9 American Universities for each such program, up to a maximum of three
10 hundred seventy-five dollars per semester for graduate and undergraduate
11 program tuition and fifteen percent per academic year for professional
12 degree programs, with the goal of keeping tuition at the State Universi-
13 ty of New York at Buffalo on par with its peer AAU institutions.
14 B. The state of New York and the State University of New York shall
15 disregard any tuition increases for students at the State University of
16 New York at Buffalo pursuant to clause A of this subparagraph in deter-
17 mining any annual core instructional support or other annual appropri-
18 ations to be provided to either the State University of New York or the
19 State University of New York at Buffalo. In amplification and not in
20 limitation of the foregoing, neither the state of New York nor the State
21 University of New York shall provide any increases to annual core state-
22 tax funded instructional support, employee salary or fringe benefit
23 payments or other annual appropriations of any kind or nature to or on
24 behalf of any other SUNY University Center (i.e., State University of
25 New York at Stony Brook, State University of New York at Albany or State
26 University of New York at Binghamton) or any SUNY four year college at a
27 level, that is, in any way, inconsistent with or inferior to the funding
28 methods employed for increases in annual core state-tax funded instruc-
29 tional support, employee salary or fringe benefit payments or other
30 appropriations of any kind or nature made to or on behalf of the State
31 University of New York at Buffalo. Furthermore, until such time as the
32 program objectives of the State University of New York at Buffalo's UB
33 2020 initiative are achieved, neither the State of New York nor the
34 State University of New York will reduce annual core state-tax funded
35 instructional support, employee salary or fringe benefit payments or
36 other appropriations of any kind or nature made to or on behalf of the
37 State University of New York at Buffalo so as to cause the proportionate
38 level of support, payments and appropriations for any other SUNY Univer-
39 sity Center (i.e., State University of New York at Stony Brook, State
40 University of New York at Albany or State University of New York at
41 Binghamton) or any SUNY four year college to be greater than level of
42 such support, payments and appropriations afforded the State University
43 of New York at Buffalo in comparison to such other institutions for the
44 two thousand eight--two thousand nine state fiscal year.
45 C. Notwithstanding item (c) of subclause one of clause (A) of subpara-
46 graph (i) of paragraph a of subdivision three of section six hundred
47 sixty-seven of this title, commencing with the two thousand eleven--two
48 thousand twelve academic year, the state of New York shall calculate
49 Tuition Assistance Program (TAP) payments for students at the State
50 University of New York at Buffalo using the applicable tuition rates for
51 students at the State University of New York at Buffalo as the base TAP
52 amount for such students.
53 D. A portion of the net tuition revenue generated by the tuition
54 increases described in clause A of this subparagraph to be not less than
55 fifteen percent (15%) nor more than twenty percent (20%) of such net
56 tuition revenue, shall be directed to financial aid programs to assist
S. 3143--A 4
1 financially-disadvantaged in-state students in the corresponding State
2 University of New York at Buffalo degree granting program, with the goal
3 of insuring that all in-state students whose two thousand eleven house-
4 hold income is sixty thousand dollars or less pay no more for tuition at
5 the State University of New York at Buffalo than such in-state student
6 paid or would have paid for tuition in the two thousand ten--two thou-
7 sand eleven academic year.
8 E. The president of the State University of New York at Buffalo shall
9 provide, no later than September fifteenth, public notice of any tuition
10 increases for the following academic year. Such notice shall describe
11 the tuition for each degree program, the plans for utilization of the
12 revenue from the increased tuition by the State University of New York
13 at Buffalo and the projected impact of the tuition increases on the
14 access to and quality of the affected degree granting programs.
15 F. All moneys received by the State University of New York at Buffalo
16 for tuition, fees and other sources and activities of the State Univer-
17 sity that are intended to be self-supporting shall not constitute funds
18 of the State of New York or of the State University of New York and
19 shall be paid into a fund maintained by the comptroller of the State
20 University of New York at Buffalo to be used by the State University of
21 New York at Buffalo for expenses of the State University of New York at
22 Buffalo, without the need for any further approval, appropriation or
23 authorization from the State of New York or the State University of New
24 York.
25 § 2. Paragraph (b) of subdivision 2 of section 1676 of the public
26 authorities law is amended by adding two new undesignated paragraphs to
27 read as follows:
28 The State University of New York at Buffalo, in connection with the
29 financing, refinancing, acquisition, design, development, construction,
30 reconstruction, renovation, rehabilitation, improvement, expansion,
31 furnishing and equipping of, or otherwise providing for academic build-
32 ings, dormitories, and other facilities on lands held by the state of
33 New York for the benefit of the State University of New York at Buffalo
34 or lands leased by the state of New York or the State University of New
35 York at Buffalo for use by students, faculty and staff of the State
36 University of New York at Buffalo.
37 Any State University of New York at Buffalo campus-related foundation,
38 alumni association or affiliate thereof, any not-for-profit corporation
39 or association organized by the president or the alumni of the State
40 University of New York at Buffalo to further its purposes, or any limit-
41 ed liability company whose sole member is any one of the foregoing enti-
42 ties, in connection with the financing, refinancing, acquisition,
43 design, development, construction, reconstruction, renovation, rehabili-
44 tation, improvement, expansion, furnishing and equipping of, or other-
45 wise providing for, academic buildings, dormitories, and other facili-
46 ties for the use of students, faculty and staff of the State University
47 of New York at Buffalo.
48 § 3. Subdivision 1 of section 1680 of the public authorities law is
49 amended by adding two new undesignated paragraphs to read as follows:
50 The State University of New York at Buffalo, in connection with the
51 financing, refinancing, acquisition, design, development, construction,
52 reconstruction, renovation, rehabilitation, improvement, expansion,
53 furnishing and equipping of, or otherwise providing for, academic build-
54 ings, dormitories, and other facilities on lands held by the state of
55 New York for the benefit of the State University of New York at Buffalo
56 or lands leased by the state of New York or the State University of New
S. 3143--A 5
1 York at Buffalo for use by students, faculty and staff of the State
2 University of New York at Buffalo.
3 Any State University of New York at Buffalo campus-related foundation,
4 alumni association or affiliate thereof, any not-for-profit corporation
5 or association organized by the president of the State University of New
6 York at Buffalo to further its purposes, or any limited liability compa-
7 ny whose sole member is any one of the foregoing entities, in connection
8 with the financing, refinancing, acquisition, design, development,
9 construction, reconstruction, renovation, rehabilitation, improvement,
10 expansion, furnishing and equipping of, or otherwise providing for,
11 academic buildings, dormitories, and other facilities for the use of
12 students, faculty and staff of the State University of New York at
13 Buffalo.
14 § 4. Any contracts awarded or entered into by the dormitory authority
15 pursuant to this act shall be deemed state contracts within the meaning
16 of that term as set forth in article 15-A of the executive law; and the
17 authority shall be deemed, for the purposes of this act, a contracting
18 agency as that term is used in article 15-A of the executive law.
19 § 5. Any contracts awarded or entered into by any State University of
20 New York at Buffalo campus related foundation, alumni association or
21 affiliate thereof, any not-for-profit corporation or association organ-
22 ized by the president of the State University of New York at Buffalo to
23 further its purposes, or any limited liability company whose sole member
24 is any of the foregoing entities, or by the State University of New
25 York, the State University Construction Fund, or the Dormitory Authority
26 of the State of New York, on behalf of the State University of New York
27 at Buffalo, for construction, reconstruction, renovation, rehabili-
28 tation, improvement or expansion at the State University of New York at
29 Buffalo shall not be subject to section 101 of the general municipal
30 law, section 103 of the general municipal law, section 135 of the state
31 finance law or subdivision 8 of section 376 of the education law,
32 provided the wages paid to workers employed under such contracts shall
33 comply with the requirements of section 220 of the labor law, the
34 construction, reconstruction, renovation, rehabilitation, improvement or
35 expansion to be effected under such contracts shall comply with sections
36 240 and 241 of the labor law and all contracts awarded or entered into
37 by any State University of New York at Buffalo campus related founda-
38 tion, alumni association or affiliate thereof; any not-for-profit corpo-
39 ration or association organized by the president of the State University
40 of New York at Buffalo to further its purposes, or any limited liability
41 company whose sole member is any of the foregoing entities, or the State
42 University of New York, the State University Construction Fund, the
43 Dormitory Authority of the State of New York, on behalf of the State
44 University of New York at Buffalo, for construction, reconstruction,
45 renovation, rehabilitation, improvement or expansion at the State
46 University of New York at Buffalo may be let pursuant to a competitive
47 selection process to be determined by the contracting entity, which may
48 consider factors other than cost alone, including, but not limited to an
49 evaluation by the contracting entity of, among other things, the
50 bidder's ability to provide maximum value at the lowest cost, the level
51 of experience of the bidder, and the bidder's ability to meet the minor-
52 ity and women workforce and business enterprise goals for the State
53 University of New York at Buffalo's UB 2020 initiative.
54 § 6. Any contracts awarded or entered into by any State University of
55 New York at Buffalo campus related foundation, alumni association or
56 affiliate thereof, any not-for-profit corporation or association organ-
S. 3143--A 6
1 ized by the president of the State University of New York at Buffalo to
2 further its purposes, or any limited liability company whose sole member
3 is any of the foregoing entities, or by the State University of New
4 York, the State University Construction Fund, or the Dormitory Authority
5 of the State of New York, on behalf of the State University of New York
6 at Buffalo, for construction, reconstruction, renovation, rehabili-
7 tation, improvement or expansion at the State University of New York at
8 Buffalo, for any single construction project exceeding $20 million in
9 the aggregate, for which more than twenty-five percent of such aggregate
10 amount is to be paid from appropriations furnished by either the State
11 of New York or the State University of New York, such construction,
12 reconstruction, renovation, rehabilitation, improvement or expansion at
13 the State University of New York at Buffalo shall be undertaken pursuant
14 to a project labor agreement, as defined in subdivision 1 of section 222
15 of the labor law, provided a study done by or for the contracting entity
16 determines that a project labor agreement will benefit such
17 construction, reconstruction, renovation, rehabilitation, improvement or
18 expansion through reduced risk of delay, potential cost savings or
19 potential reduction in the risk of labor unrest in light of any perti-
20 nent local history thereof. For purposes of applying the dollar thresh-
21 olds set forth in the preceding sentence, the term "single construction
22 project" shall mean any functionally-interdependent construction, recon-
23 struction, renovation, rehabilitation, improvement or expansion activity
24 associated with a single building, structure or improvement, including
25 all directly related infrastructure and site work in contemplation ther-
26 eof.
27 § 7. Before any contract is awarded or entered into by any State
28 University of New York at Buffalo campus related foundation, alumni
29 association or affiliate thereof, any not-for-profit corporation or
30 association organized by the president of the State University of New
31 York at Buffalo to further its purposes, or any limited liability compa-
32 ny whose sole member is any of the foregoing entities, or by the State
33 University of New York, the State University Construction Fund, or the
34 Dormitory Authority of the State of New York, on behalf of the State
35 University of New York at Buffalo, for construction, reconstruction,
36 renovation, rehabilitation, improvement or expansion at the State
37 University of New York at Buffalo, the State University of New York at
38 Buffalo shall create or cause to be created a diversity plan for UB 2020
39 capital projects and shall take or cause to be taken steps to ensure
40 that such diversity plan is successfully implemented on a program-wide
41 basis. The UB 2020 diversity plan shall include, at a minimum, targets
42 for workforce diversity, targets for retention of minority and women
43 owned businesses, retention of an independent monitor by or on behalf of
44 the State University of New York at Buffalo for all UB 2020 capital
45 projects and regular review of periodic reports from such independent
46 monthly monitor as to the attainment of the work force and business
47 diversity goals of the UB 2020 diversity plan.
48 § 8. Section 891-a of the general municipal law is amended by adding a
49 new subdivision 3 to read as follows:
50 3. In addition to the powers and duties now or hereafter conferred by
51 title one of article eighteen-A of this chapter, notwithstanding any
52 other state or local law to the contrary, the agency shall have the
53 power to provide financial assistance, including, but not limited to,
54 the issuance of bonds and notes by the agency, in conjunction with the
55 financing, refinancing, acquisition, design, development, construction,
56 reconstruction, renovation, rehabilitation, improvement, expansion,
S. 3143--A 7
1 furnishing and equipping of, or otherwise providing for, academic build-
2 ings, dormitories and other facilities for use by students, faculty and
3 staff of the State University of New York at Buffalo by or on behalf of
4 any State University of New York at Buffalo campus related foundation,
5 alumni association or affiliate thereof, any not-for-profit corporation
6 or association organized by the president of the State University of New
7 York at Buffalo to further its purposes, or any limited liability compa-
8 ny whose sole member is any of the foregoing entities.
9 § 9. The opening paragraph of section 914-a of the general municipal
10 law, as added by chapter 579 of the laws of 1973, is designated subdivi-
11 sion 1 and a new subdivision 2 is added to read as follows:
12 2. In addition to the powers and duties now or hereafter conferred by
13 title one of article eighteen-A of this chapter, notwithstanding any
14 other state or local law to the contrary, the agency shall have the
15 power to provide financial assistance, including, but not limited to,
16 the issuance of bonds and notes by the agency, in conjunction with the
17 financing, refinancing, acquisition, design, development, construction,
18 reconstruction, renovation, rehabilitation, improvement, expansion,
19 furnishing and equipping of, or otherwise providing for, academic build-
20 ings, dormitories and other facilities for use by students, faculty and
21 staff of the State University of New York at Buffalo by or on behalf of
22 any State University of New York at Buffalo campus related foundation,
23 alumni association or affiliate thereof, any not-for-profit corporation
24 or association organized by the president of the State University of New
25 York at Buffalo to further its purposes, or any limited liability compa-
26 ny whose sole member is any of the foregoing entities.
27 § 10. Subdivision 12 of section 373 of the education law, as added by
28 chapter 251 of the laws of 1962, is amended to read as follows:
29 12. To [make] procure and execute contracts, lease agreements, and all
30 other instruments necessary or convenient for the exercise of its corpo-
31 rate powers and the fulfillment of its corporate purposes under this
32 article. Notwithstanding any other law to the contrary, all such fund
33 procurements on behalf of the State University of New York at Buffalo
34 shall be subject only to procurement guidelines that are annually
35 adopted by the fund trustees, which shall substantially conform to the
36 provisions of title four of article nine of the public authorities law;
37 § 11. Section 373 of the education law is amended by adding a new
38 subdivision 20 to read as follows:
39 20. To design, construct, acquire, reconstruct, rehabilitate and
40 improve academic buildings, dormitories and other facilities for use by
41 students, faculty and staff of the State University of New York at
42 Buffalo using any project delivery method, including but not limited to,
43 design/bid/build, design/build or construction manager at risk, that
44 will assist the fund in fulfilling its purposes under section three
45 hundred seventy-two of this article.
46 § 12. Subdivisions 9 and 10 of section 376 of the education law are
47 renumbered subdivisions 10 and 11 and a new subdivision 9 is added to
48 read as follows:
49 9. All contracts which are to be awarded pursuant to this subdivision
50 on behalf of the State University of New York at Buffalo shall be
51 awarded pursuant to procurement guidelines adopted by the fund trustees
52 in accordance with section five of part A of the chapter of the laws of
53 two thousand eleven that added this subdivision or by public letting in
54 accordance with the following provisions, notwithstanding any contrary
55 provision of section one hundred twelve, one hundred thirty-five, one
56 hundred thirty-six, one hundred thirty-nine or one hundred forty of the
S. 3143--A 8
1 state finance law or any other law, provided, however, that where the
2 estimated expense of any contract which may be awarded pursuant to this
3 subdivision is less than two hundred fifty thousand dollars, a perform-
4 ance bond and a bond for the payment of labor and material may, in the
5 discretion of the fund, not be required, and except that in the
6 discretion of the fund, a contract may be entered into for such purposes
7 without public letting where the estimated expense thereof is less than
8 twenty thousand dollars, or where in the judgment of the fund an emer-
9 gency condition exists as a result of damage to an existing academic
10 building, dormitory or other facility which has been caused by an act of
11 God, fire or other casualty, or any other unanticipated, sudden and
12 unexpected occurrence, that has resulted in damage to or a malfunction
13 in an existing academic building, dormitory or other facility and
14 involves a pressing necessity for immediate repair, reconstruction or
15 maintenance in order to permit the safe continuation of the use or func-
16 tion of such facility, or to protect the facility or the life, health or
17 safety of any person, and the nature of the work is such that in the
18 judgment of the fund it would be impractical and against the public
19 interest to have the public letting; provided, however, that the fund,
20 prior to awarding a contract hereunder because of an emergency condition
21 notify the comptroller of its intent to award such a contract:
22 a. The letting agency shall advertise the invitation to bid or the
23 request for proposals in a newspaper published in the city of Buffalo
24 and in such other newspapers as will be most likely in its opinion to
25 give adequate notice to contractors of the work required provided,
26 however, that where the estimated expense of any contract which may be
27 awarded pursuant to this subdivision is less than two hundred fifty
28 thousand dollars, the letting agency may advertise the invitation to bid
29 solely through the procurement opportunities newsletter published pursu-
30 ant to section one hundred forty-two of the economic development law.
31 The invitation to bid or request for proposals shall contain such infor-
32 mation as the letting agency shall deem appropriate.
33 b. The letting agency shall not award any contract after public
34 bidding except to the lowest bidder who in its opinion is qualified to
35 perform the work required and is responsible and reliable. The letting
36 agency may, however, reject any or all bids, again advertise for bids,
37 or waive any informality in a bid if it believes that the public inter-
38 est will be promoted thereby.
39 c. The invitation to bid, request for proposals and the contract
40 awarded shall contain such other terms and conditions, and such
41 provisions for penalties, as the letting agency may deem desirable.
42 d. Any contract awarded pursuant to this subdivision shall contain a
43 clause that the contract shall be deemed executory to the extent of the
44 moneys available and that no liability shall be incurred by the fund
45 beyond the moneys available therefor.
46 e. The letting agency shall require such deposits, bonds and security
47 in connection with the submission of bids or request for proposals, the
48 award of contracts and the performance of work as it shall determine to
49 be in the public interest and for the protection of the state, the state
50 university, the fund and the letting agency.
51 f. Notwithstanding the provisions of any other law to the contrary,
52 all contracts for public work awarded by the state university
53 construction fund pursuant to this subdivision shall be in accordance
54 with section one hundred thirty-nine-f of the state finance law.
55 § 13. The president of the State University of New York at Buffalo
56 shall report every January first to the governor, and the temporary
S. 3143--A 9
1 president of the senate and the speaker of the assembly on the effec-
2 tiveness of the reforms enacted in this legislation. Specifically, the
3 report shall address, the University at Buffalo's progress in competing
4 with the top academic research institutions; the impact of the Universi-
5 ty at Buffalo's efforts to increase the well being of western New York's
6 economy including efforts to rebuild the downtown city of Buffalo,
7 progress in increasing with local vendors, especially women and minority
8 owned businesses; whether the minority and women workforce and business
9 enterprise goals set forth in the UB 2020 diversity plan were attained
10 during the preceding year and the impact of tuition increases and
11 efforts to ensure affordable access for economically deprived students.
12 § 14. This act shall take effect immediately.
13 PART B
14 Section 1. Paragraph a of subdivision 2 of section 355 of the educa-
15 tion law, as amended by chapter 552 of the laws of 1985, is amended to
16 read as follows:
17 a. To take, hold and administer on behalf of the state university or
18 any institution therein, real and personal property or any interest
19 therein and the income thereof either absolutely or in trust for any
20 educational or other purpose within the jurisdiction and corporate
21 purposes of the state university, and, with respect to any property
22 utilized by or comprising any part of the campuses of the State Univer-
23 sity of New York at Buffalo, to dispose of such property in such manner
24 and upon such terms as the trustees shall determine. The trustees shall
25 allow and regulate the use of such property for other than the corporate
26 purposes of the State University of New York at Buffalo, by permit,
27 lease, license or other agreement, for periods not to exceed ten years,
28 and prescribe the fees, if any, that persons, associations and corpo-
29 rations allowed the use of such property shall pay. The trustees may
30 acquire property for such purposes by purchase, appropriation or lease
31 and by the acceptance of gifts, grants, bequests and devises, and, with-
32 in appropriations made therefor, may equip and furnish buildings and
33 otherwise improve property owned, used or occupied by the state univer-
34 sity or any institution therein. The trustees may acquire property for
35 or on behalf of the State University of New York at Buffalo by the
36 acceptance of conditional gifts, grants, devises or bequests, the
37 provisions of section eleven of the state finance law notwithstanding.
38 Where real property is to be acquired by purchase or appropriation, such
39 acquisition shall be in accordance with the provisions of section three
40 hundred seven of this chapter except that the powers and duties in said
41 section mentioned to be performed by the commissioner [of education]
42 shall be performed by the state university trustees. The provisions of
43 sections three, thirty-a, and thirty-three of the public lands law
44 notwithstanding, the trustees may provide for the sale, lease, transfer
45 or conveyance of state-owned real property under the jurisdiction of the
46 state university comprising any part of the campuses of the State
47 University of New York at Buffalo in such manner and upon such terms as
48 the trustees shall determine. The foregoing notwithstanding, the trus-
49 tees may provide for the lease of such real property for periods not to
50 exceed fifty years in support of the educational and other corporate
51 purposes of the State University of New York at Buffalo, unless the
52 subject project is in conflict with the mission of the State University
53 of New York at Buffalo, including but not limited to the development and
54 operation of research, incubator, community, health care, retail, food
S. 3143--A 10
1 service, telecommunication, student and faculty housing, energy, govern-
2 mental, senior community, hotel, conference center and recreational
3 facilities, and for the purpose of maximizing the use of natural
4 resources; provided, however, the president of the State University of
5 New York at Buffalo shall provide notice of any such lease to the chairs
6 of the senate finance committee and the assembly ways and means commit-
7 tee and to the director of the budget at least thirty days prior to
8 executing such lease. The provisions of section one hundred sixty-seven
9 of the state finance law notwithstanding, the trustees may provide for
10 the sale, lease, transfer or conveyance of personal property under the
11 custody and control of the State University of New York at Buffalo in
12 such manner and upon such terms as the trustees shall determine. The
13 provisions of section twenty-three of the public lands law and section
14 one hundred sixty-seven of the state finance law notwithstanding, the
15 proceeds from the sale, lease, transfer or conveyance of state-owned
16 real property comprising any part of the campuses of the State Universi-
17 ty of New York at Buffalo or of personal property under the custody and
18 control of the State University of New York at Buffalo shall be retained
19 by the State University of New York at Buffalo and shall be used by the
20 State University of New York at Buffalo for expenses of the State
21 University of New York at Buffalo.
22 § 2. Paragraph s of subdivision 2 of section 355 of the education law,
23 as amended by chapter 552 of the laws of 1985, is amended to read as
24 follows:
25 s. To lease or make available to the state university construction
26 fund, the dormitory authority or other public benefit corporation, the
27 New York state teachers' retirement system [or], the New York state
28 employees' retirement system or, in the case of state-owned real proper-
29 ty comprising any part of the campuses of the State University of New
30 York at Buffalo, any other public or private for-profit or non-profit
31 entity, including, but not limited to, a local development corporation
32 organized under section one thousand four hundred eleven of the not-for-
33 profit corporation law or an industrial development agency organized
34 under article eighteen-A of the general municipal law, a portion of the
35 grounds or real property occupied by a state-operated institution or
36 statutory or contract college for the construction, acquisition, recon-
37 struction, rehabilitation or improvement of academic buildings, dormito-
38 ries or other facilities thereon pursuant to article eight-A of this
39 chapter and for the purpose of facilitating such construction, acquisi-
40 tion, reconstruction, rehabilitation or improvement, to enter into leas-
41 es and agreements for the use of any such academic building, dormitory
42 or other facility in accordance with the provisions of section three
43 hundred seventy-eight of this chapter; provided, however, that nothing
44 herein contained shall affect the provisions of any lease or agreement
45 heretofore executed by the state university with the dormitory authori-
46 ty. The state university trustees may also enter into agreements with
47 the state university construction fund, the dormitory authority or other
48 public benefit corporation, the New York state teachers' retirement
49 system [or], the New York state employees' retirement system and, in the
50 case of state-owned real property comprising any part of the campuses of
51 the State University of New York at Buffalo, with any other public or
52 private for-profit or non-profit entity, including, but not limited to a
53 local development corporation organized under section one thousand four
54 hundred eleven of the not-for-profit corporation law or an industrial
55 development agency organized under article eighteen-A of the general
56 municipal law, to furnish heat from a central heating plant to any
S. 3143--A 11
1 academic building, dormitory or other facility erected by them or with
2 moneys supplied by them. Any such academic building, dormitory or other
3 facility shall not be subject to taxation for any purpose.
4 § 3. Subdivision 2 of section 355 of the education law is amended by
5 adding a new paragraph y to read as follows:
6 y. In connection with public-private partnerships in support of the
7 corporate purposes of the State University of New York at Buffalo,
8 including, without limitation, the State University of New York at
9 Buffalo's UB 2020 initiative, to participate in joint and cooperative
10 arrangements with public, non-profit and business entities as partners,
11 joint venturers, members of non-profit corporations, members of limited
12 liability companies and shareholders of business corporations. The state
13 university's participation on behalf of the State University of New York
14 at Buffalo shall be subject to guidelines of the state university with
15 respect to conflicts of interest and to article fourteen of the civil
16 service law and the applicable provisions of agreements between the
17 state and employee organizations pursuant to article fourteen of the
18 civil service law. Notwithstanding any inconsistent provision in section
19 eight of the court of claims act, the state university may include in a
20 contract relating to such participation, other than a contract with
21 state employees relating to terms and conditions of their employment, a
22 provision that some or all disputes arising under or related to such
23 contract shall be resolved by binding arbitration in accordance with the
24 rules of a nationally-recognized arbitration association. Nothing
25 contained in the public officers law or in any other law, rule or regu-
26 lation, shall be construed or applied to prohibit State University of
27 New York at Buffalo officers and employees from engaging in activities
28 for which no compensation is paid as designees of the State University
29 of New York at Buffalo in connection with such joint and cooperative
30 arrangements, including serving as designees of the state university as
31 members, shareholders or as directors on boards or other governing
32 bodies of corporations or other entities.
33 § 4. This act shall take effect immediately.
34 PART C
35 Section 1. Section 355 of the education law is amended by adding two
36 new subdivisions 20 and 21 to read as follows:
37 20. Notwithstanding the provisions of subdivision two of section one
38 hundred twelve and sections one hundred fifteen, one hundred sixty-one
39 and one hundred sixty-three of the state finance law and sections three
40 and six of the New York state printing and public documents law or any
41 other law to the contrary, the state university trustees are authorized
42 and empowered on behalf of or with respect to the State University of
43 New York at Buffalo to:
44 a. (i) purchase materials, equipment and supplies, including computer
45 equipment and motor vehicles, (ii) execute contracts for services,
46 permits, licenses, leases, contracts for the purchase or sale of real
47 property, and construction contracts, and (iii) contract for printing,
48 without prior approval by any other state officer or agency in accord-
49 ance with guidelines, rules or regulations promulgated by the state
50 university board of trustees. Guidelines, rules, or regulations promul-
51 gated by the state university board of trustees shall, to the extent
52 practicable, require that competitive proposals be solicited for
53 purchases, and shall include requirements that purchases and contracts
54 authorized under this section be at the lowest available price, includ-
S. 3143--A 12
1 ing consideration of prices available through other state agencies,
2 consistent with quality requirements, and as will best promote the
3 public interest. Such purchases may be made directly from any contractor
4 pursuant to any contract for commodities let by the office of general
5 services or any other state agency;
6 b. establish cash advance accounts for the purpose of purchasing
7 materials, supplies, or services, for cash advances for travel expenses
8 and per diem allowances, or for advance payment of wages and salary. The
9 account may be used to purchase such materials, supplies, or services
10 where the amount of a single purchase does not exceed two hundred fifty
11 dollars, in accordance with such guidelines as shall be prescribed by
12 the state university trustees.
13 c. establish guidelines in consultation with the commissioner of
14 general services authorizing participation by the State University of
15 New York at Buffalo in programs administered by the office of general
16 services for the purchase of available New York state food products. The
17 commissioner of general services shall provide assistance to the State
18 University of New York at Buffalo necessary to enable the State Univer-
19 sity of New York at Buffalo to participate in these programs.
20 21. To enter into any contract or agreement deemed necessary or advis-
21 able after consultation with appropriate state agencies for carrying out
22 the objects and purposes of State University of New York at Buffalo
23 without prior review or approval by any state officer or agency includ-
24 ing energy performance contracts (as defined in section 9-102 of the
25 energy law), energy procurement or supply contracts, contracts or agree-
26 ments with non-profit corporations organized by officers, employees,
27 alumni or students of the State University of New York at Buffalo for
28 the furtherance of its objects and purposes, as well as contracts or
29 agreements with any State University of New York at Buffalo campus-re-
30 lated foundation, alumni association or affiliate thereof, any non-pro-
31 fit corporation or association organized by the president of the State
32 University of New York at Buffalo to further its purposes or any limited
33 liability company, whose sole member is any of the foregoing entities
34 for the furtherance of the objects and purposes of the State University
35 of New York at Buffalo, including, without limitation, the State Univer-
36 sity of New York at Buffalo's UB 2020 initiative. Contracts or agree-
37 ments entered into with the federal government to enable participation
38 in federal student loan programs, including any and all instruments
39 required thereunder, shall not be subject to the requirements of section
40 forty-one of the state finance law; provided, however, that the state
41 shall not be liable for any portion of any defaults which it has agreed
42 to assume pursuant to any such agreement in an amount in excess of money
43 appropriated or otherwise lawfully available therefor at the time the
44 liability for payment arises.
45 § 2. Subdivisions 2 and 3 of section 112 of the state finance law, as
46 amended by chapter 319 of the laws of 1992, paragraph (a) of subdivision
47 2 as amended by section 2 of part D of chapter 56 of the laws of 2006,
48 are amended to read as follows:
49 2. (a) Before any contract made for or by any state agency, depart-
50 ment, board, officer, commission, or institution, except the office of
51 general services and the State University of New York acting on behalf
52 of or with respect to the State University of New York at Buffalo, shall
53 be executed or become effective, whenever such contract exceeds fifty
54 thousand dollars in amount and before any contract made for or by the
55 office of general services shall be executed or become effective, when-
56 ever such contract exceeds eighty-five thousand dollars in amount, it
S. 3143--A 13
1 shall first be approved by the comptroller and filed in his or her
2 office, provided, however, that the comptroller shall make a final writ-
3 ten determination with respect to approval of such contract within nine-
4 ty days of the submission of such contract to his or her office unless
5 the comptroller shall notify, in writing, the state agency, department,
6 board, officer, commission, or institution, prior to the expiration of
7 the ninety day period, and for good cause, of the need for an extension
8 of not more than fifteen days, or a reasonable period of time agreed to
9 by such state agency, department, board, officer, commission, or insti-
10 tution and provided, further, that such written determination or exten-
11 sion shall be made part of the procurement record pursuant to paragraph
12 f of subdivision one of section one hundred sixty-three of this chapter.
13 (b) Whenever any liability of any nature shall be incurred by or for
14 any state department, board, officer, commission, or institution other
15 than the State University of New York acting on behalf of or with
16 respect to the State University of New York at Buffalo, notice that such
17 liability has been incurred shall be immediately given in writing to the
18 state comptroller.
19 3. A contract or other instrument wherein the state or any of its
20 officers, agencies, boards or commissions other than the State Universi-
21 ty of New York acting on behalf of or with respect to the State Univer-
22 sity of New York at Buffalo agrees to give a consideration other than
23 the payment of money, when the value or reasonably estimated value of
24 such consideration exceeds ten thousand dollars, shall not become a
25 valid enforceable contract unless such contract or other instrument
26 shall first be approved by the comptroller and filed in his office.
27 § 3. Paragraph a of subdivision 1 of section 139-j of the state
28 finance law, as added by chapter 4 of the laws of 2010, is amended to
29 read as follows:
30 a. "Governmental entity" shall mean: (1) any department, board,
31 bureau, commission, division, office, council, committee or officer of
32 the state, whether permanent or temporary, other than the State Univer-
33 sity of New York acting on behalf of or with respect to the State
34 University of New York at Buffalo; (2) each house of the state legisla-
35 ture; (3) the unified court system; (4) any public authority, public
36 benefit corporation or commission created by or existing pursuant to the
37 public authorities law; (5) any public authority or public benefit
38 corporation, at least one of whose members is appointed by the governor
39 or who serves as a member by virtue of holding a civil office of the
40 state; (6) a municipal agency, as that term is defined in paragraph (ii)
41 of subdivision (s) of section one-c of the legislative law; or (7) a
42 subsidiary or affiliate of such a public authority.
43 § 4. Paragraph a of subdivision 1 of section 139-k of the state
44 finance law, as added by chapter 4 of the laws of 2010, is amended to
45 read as follows:
46 a. "Governmental entity" shall mean: (1) any department, board,
47 bureau, commission, division, office, council, committee or officer of
48 the state, whether permanent or temporary, other than the State Univer-
49 sity of New York acting on behalf of or with respect to the State
50 University of New York at Buffalo; (2) each house of the state legisla-
51 ture; (3) the unified court system; (4) any public authority, public
52 benefit corporation or commission created by or existing pursuant to the
53 public authorities law; (5) a public authority or public benefit corpo-
54 ration, at least one of whose members is appointed by the governor or
55 who serves as a member by virtue of holding a civil office of the state;
56 (6) municipal agency, as that term is defined in paragraph (ii) of
S. 3143--A 14
1 subdivision (s) of section one-c of the legislative law; or (7) a
2 subsidiary or affiliate of such a public authority.
3 § 5. Subparagraph (iv) of paragraph a of subdivision 3 of section 163
4 of the state finance law, as amended by chapter 430 of the laws of 1997,
5 is amended to read as follows:
6 (iv) The commissioner is authorized to permit any officer, body or
7 agency of the state or of a political subdivision or a district therein,
8 or fire company or volunteer ambulance service as such are defined in
9 section one hundred of the general municipal law, to make purchases of
10 commodities through the office of general services' centralized
11 contracts, pursuant to the provisions of section one hundred four of the
12 general municipal law. The commissioner is authorized to permit any
13 county extension service association as authorized under subdivision
14 eight of section two hundred twenty-four of the county law, or any asso-
15 ciation or other entity as specified in and in accordance with section
16 one hundred nine-a of the general municipal law, or any non-profit
17 corporation organized in furtherance of the objects and purposes of the
18 State University of New York at Buffalo, or any other association or
19 entity as specified in state law, to make purchases of commodities
20 through the office of general services' centralized contracts; provided,
21 however, that such entity so empowered shall accept sole responsibility
22 for any payment due with respect to such purchase; and provided further,
23 however, that commodities so purchased by a non-profit corporation
24 organized in furtherance of the objects and purposes of the State
25 University of New York at Buffalo shall not be used directly or indi-
26 rectly by a for-profit corporation or other for-profit entity which
27 contracts with the non-profit corporation, nor shall such commodities so
28 purchased by such non-profit corporation be offered for resale.
29 § 6. Paragraph e of subdivision 4 of section 163 of the state finance
30 law, as amended by chapter 95 of the laws of 2000, is amended to read as
31 follows:
32 [e. Any officer, body or agency of a political subdivision as defined
33 in section one hundred of the general municipal law or a district there-
34 in, may make purchases of services through the office of general
35 services' centralized contracts for services, subject to the provisions
36 of section one hundred four of the general municipal law. The commis-
37 sioner may permit and prescribe the conditions for the purchase of
38 services through the office of general services' centralized contracts
39 for services by any public authority or public benefit corporation of
40 the state including the port authority of New York and New Jersey. The
41 commissioner is authorized to permit any public library, association
42 library, library system, cooperative library system, the New York
43 Library Association, and the New York State Association of Library
44 Boards or any other library except those which are operated by for
45 profit entities, to make purchases of services through the office of
46 general services' centralized contracts; provided, however, that such
47 entity so empowered shall accept sole responsibility for any payment due
48 with respect to such purchase.]
49 e. Any officer, body or agency of a political subdivision as defined
50 in section one hundred of the general municipal law or a district there-
51 in and any non-profit corporation organized in furtherance of the
52 objects and purposes of the State University of New York at Buffalo, may
53 make purchases of services through the office of general services'
54 centralized contracts for services, subject, in the case of such poli-
55 tical subdivisions, to the provisions of section one hundred four of the
56 general municipal law; provided, however, that in the case of any non-
S. 3143--A 15
1 profit corporation organized in furtherance of the objects and purposes
2 of the State University of New York at Buffalo, it shall accept sole
3 responsibility for any payment due with respect to such purchase and
4 provided, further that services so purchased by any such non-profit
5 corporation shall not be used directly or indirectly by a for-profit
6 corporation or other for-profit entity which contracts with the non-pro-
7 fit organization. The commissioner may permit and prescribe the condi-
8 tions for the purchase of services through the office of general
9 services' centralized contracts for services by any public authority or
10 public benefit corporation of the state including the port authority of
11 New York and New Jersey, or any non-profit corporation organized in
12 furtherance of the objects and purposes of the State University of New
13 York at Buffalo. The commissioner is authorized to permit any public
14 library, association library, library system, cooperative library
15 system, the New York Library Association, and the New York State Associ-
16 ation of Library Boards or any other library except those which are
17 operated by for-profit entities, to make purchases of services through
18 the office of general services' centralized contracts; provided, howev-
19 er, that such entity so empowered shall accept sole responsibility for
20 any payment due with respect to such purchase.
21 § 7. Paragraph b of subdivision 10 of section 163 of the state finance
22 law is amended by adding a new subparagraph (iii) to read as follows:
23 (iii) The provisions of subparagraphs (i) and (ii) of this paragraph
24 shall not apply to single or sole source procurements for services or
25 commodities by the State University of New York acting on behalf of or
26 with respect to the State University of New York at Buffalo, which
27 single or sole source procurements shall be made in accordance with such
28 rules and guidelines as may be promulgated by the trustees of the State
29 University of New York.
30 § 8. Paragraph (e) of subdivision 1 of section 5-a of the tax law, as
31 amended by section 1 of part L of chapter 62 of the laws of 2006, is
32 amended to read as follows:
33 (e) "Covered agency" means a "state agency" for purposes of article
34 eleven of the state finance law, the legislature, the judiciary, or a
35 public authority or public benefit corporation at least one of whose
36 members is appointed by the governor; provided, however, that the term
37 "covered agency" shall not include the State University of New York
38 acting on behalf of or with respect to the State University of New York
39 at Buffalo.
40 § 9. This act shall take effect immediately; provided, however, that
41 the amendments to section 139-j of the state finance law made by section
42 three of this act, the amendments to section 139-k of the state finance
43 law made by section four of this act, and the amendments to section 163
44 of the state finance law made by sections five, six, and seven of this
45 act shall not affect the repeal of such sections and shall expire and be
46 deemed repealed therewith.
47 PART D
48 Section 1. Subdivision 8 of section 355 of the education law, as
49 amended by chapter 553 of the laws of 1985, is amended to read as
50 follows:
51 8. All moneys received by the state university of New York and by
52 state-operated institutions thereof from appropriations, tuition, fees,
53 user charges, sales of products and services and from all other sources,
54 including sources and activities of the state university which are
S. 3143--A 16
1 intended by law to be self-supporting may be credited to an appropriate
2 fund or funds to be designated by the state comptroller. The amounts so
3 paid into such fund or funds which were received by or for the state
4 university shall be used for expenses of the state university in carry-
5 ing out any of its objects and purposes and such amounts received by or
6 for state-operated institutions of the state university shall be used
7 for expenses of the state university under regulations prescribed by the
8 state university trustees. Notwithstanding the foregoing, all moneys
9 received by the State University of New York at Buffalo from tuition,
10 fees, user charges, sales of products and services, savings under energy
11 performance, procurement or supply contracts and from sources and activ-
12 ities of the State University of New York at Buffalo which are intended
13 by law to be self-supporting may be credited to an appropriate fund or
14 funds held by the State University of New York at Buffalo. The amounts
15 so paid into such fund or funds which were received by or for the State
16 University of New York at Buffalo shall be used for expenses of the
17 State University of New York at Buffalo in carrying out any of its
18 objects and purposes.
19 § 2. Section 4 of the state finance law is amended by adding a new
20 subdivision 11 to read as follows:
21 11. Notwithstanding subdivision one of this section, moneys held by
22 the State University of New York derived from tuition, fees, user charg-
23 es, sales of products and services, savings under energy performance,
24 procurement or supply contracts and sources and activities of the State
25 University of New York at Buffalo that are intended to be self-support-
26 ing shall be paid without an appropriation.
27 § 3. Subdivision 2 of section 121 of the state finance law, as amended
28 by chapter 293 of the laws of 1992, is amended to read as follows:
29 2. There are excepted from payment to the treasury as provided by
30 subdivision one of this section: (i) all moneys to which the provisions
31 of subdivision four of section four of this chapter apply unless such
32 moneys are held in a fund subject to appropriation; (ii) moneys held as
33 part of the principal of an endowment of the state university of New
34 York, units thereof and other state agencies; (iii) moneys received by
35 the State University of New York derived from tuition, fees, user charg-
36 es, sales of products and services, savings under energy performance,
37 procurement or supply contracts and from sources and activities of the
38 State University of New York at Buffalo that are intended to be self-
39 supporting, including, without limitation, any revenue resulting from
40 tuition increases at the State University of New York at Buffalo
41 described in clause A of subparagraph four-a of paragraph h of subdivi-
42 sion two of section three hundred fifty-five of the education law; and
43 [(iii)] (iv) moneys received pursuant to a clinical practice plan estab-
44 lished pursuant to subdivision fourteen of section two hundred six of
45 the public health law. In those cases where such moneys are held in the
46 custody of the state officer other than the comptroller, the officer
47 shall file with the comptroller, at such times as the comptroller shall
48 determine, a detailed statement, in such form and content as the comp-
49 troller shall prescribe, for the period covered by the statement. The
50 comptroller shall from time to time, but not less than once in every
51 three years, examine the books and accounts relating to such moneys
52 heretofore or hereinafter established, including its receipts, disburse-
53 ments, investments, and any financial matters. An independent audit of
54 such moneys may be authorized by the comptroller in lieu of his own
55 examination, which examination shall be undertaken within twelve months
56 of such authorization.
S. 3143--A 17
1 § 4. This act shall take effect immediately.
2 PART E
3 Section 1. Paragraph i of subdivision 2 of section 355 of the educa-
4 tion law, as amended by chapter 552 of the laws of 1985, is amended to
5 read as follows:
6 i. To lease to alumni associations of institutions of the state
7 university a portion of the grounds occupied by any institution of the
8 state university, for the erection thereon of dormitories to be used by
9 students in attendance at such institutions. The terms of any lease and
10 the character of the building to be erected shall be determined by the
11 state university trustees. Such lease, except in the case of lands occu-
12 pied by the State University of New York at Buffalo, prior to its
13 execution, shall be submitted to the attorney general for his approval
14 as to its form, contents and legal effect. Nothing contained in this
15 paragraph shall affect the provisions of any lease heretofore executed
16 by a board of visitors of any state-operated institution pursuant to
17 law. The state university trustees may similarly enter into an agreement
18 with an alumni association of an institution of the state university to
19 furnish heat from a central heating plant to any dormitory erected by
20 such alumni association. Any such dormitory shall not be subject to
21 taxation for any purpose.
22 § 2. This act shall take effect immediately.
23 § 4. Severability clause. If any clause, sentence, paragraph, subdivi-
24 sion, section or part of this act shall be adjudged by any court of
25 competent jurisdiction to be invalid, such judgment shall not affect,
26 impair, or invalidate the remainder thereof, but shall be confined in
27 its operation to the clause, sentence, paragraph, subdivision, section
28 or part thereof directly involved in the controversy in which such judg-
29 ment shall have been rendered. It is hereby declared to be the intent of
30 the legislature that this act would have been enacted even if such
31 invalid provisions had not been included herein.
32 § 5. This act shall take effect immediately provided, however, that
33 the applicable effective date of Parts A through E of this act shall be
34 as specifically set forth in the last section of such Parts.
