S03143 Summary:

BILL NOS03143A
 
SAME ASSAME AS A05799
 
SPONSORGRISANTI
 
COSPNSRMAZIARZ, GALLIVAN, RANZENHOFER, KENNEDY
 
MLTSPNSR
 
Amd SS355, 373 & 376, Ed L; amd SS1676 & 1680, Pub Auth L; amd SS891-a & 914-a, Gen Muni L; amd SS112, 139-j, 139-k, 163, 4 & 121, St Fin L; amd S5-a, Tax L
 
Relates to tuition increases, leasing, contracting, and the overall daily operation at the State University of New York at Buffalo.
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S03143 Actions:

BILL NOS03143A
 
02/09/2011REFERRED TO HIGHER EDUCATION
02/24/2011AMEND AND RECOMMIT TO HIGHER EDUCATION
02/24/2011PRINT NUMBER 3143A
03/01/2011REPORTED AND COMMITTED TO FINANCE
03/01/2011REPORTED AND COMMITTED TO RULES
03/01/2011ORDERED TO THIRD READING CAL.144
03/02/2011PASSED SENATE
03/02/2011DELIVERED TO ASSEMBLY
03/02/2011referred to higher education
01/04/2012died in assembly
01/04/2012returned to senate
01/04/2012REFERRED TO HIGHER EDUCATION
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S03143 Floor Votes:

There are no votes for this bill in this legislative session.
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S03143 Text:



 
                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.
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