STATE OF NEW YORK
________________________________________________________________________
10252
IN SENATE
May 8, 2026
___________
Introduced by Sen. MARTINEZ -- read twice and ordered printed, and when
printed to be committed to the Committee on Higher Education
AN ACT in relation to authorizing the trustees of the state university
of New York to lease and contract to make available certain land on
the state university of New York at Stony Brook's campus
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative findings. The legislature finds that the state
2 university of New York at Stony Brook ("the university") seeks to use
3 approximately 11.5 acres of underutilized land on Stony Brook's South-
4 ampton campus to build multi-purpose facilities to support housing needs
5 and supporting amenities, fulfilling a necessary and vital public
6 purpose. The legislature further finds that granting the trustees of
7 the state university of New York ("trustees") the authority and power to
8 lease and otherwise contract to make available grounds and facilities of
9 Stony Brook's campus will ensure such land is utilized for the benefit
10 of Stony Brook, the surrounding community, and the general public.
11 § 2. Notwithstanding any other law to the contrary, the state univer-
12 sity trustees are authorized and empowered, without any public bidding,
13 to lease and otherwise contract to make available to Stony Brook South-
14 ampton Housing Development Corp., a not-for-profit (ground lessee), a
15 portion of the lands of the university generally described in this act
16 for the purpose of developing, constructing, maintaining and operating
17 multi-purpose facilities to support housing needs and supporting amen-
18 ities. Such lease or contract shall be for a period not exceeding nine-
19 ty-nine years without any fee simple conveyance and otherwise upon terms
20 and conditions determined by such trustees, subject to the approval of
21 the director of the division of the budget, the attorney general and the
22 state comptroller. In the event that the real property that is the
23 subject of such lease or contract shall cease to be used for the purpose
24 described in this act, such lease or contract shall immediately termi-
25 nate and the real property and any improvements thereon shall revert to
26 the state university of New York. Any lease or contract entered into
27 pursuant to this act shall provide that the real property that is the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15730-01-6
S. 10252 2
1 subject of such lease or contract and any improvements thereon shall
2 revert to the state university of New York on the expiration of such
3 contract or lease.
4 § 3. Any contract or lease entered into pursuant to this act shall be
5 deemed to be a state contract for purposes of article 15-A of the execu-
6 tive law, and any contractor, subcontractor, lessee or sublessee enter-
7 ing into such contract or lease for the construction, demolition, recon-
8 struction, excavation, rehabilitation, repair, renovation, alteration or
9 improvement authorized pursuant to this act shall be deemed a state
10 agency for the purposes of article 15-A of the executive law and subject
11 to the provisions of such article.
12 § 4. Notwithstanding any general, special or local law or judicial
13 decision to the contrary, all work performed on a project authorized by
14 this act where all or any portion thereof involves a lease or agreement
15 for construction, demolition, reconstruction, excavation, rehabili-
16 tation, repair, renovation, alteration or improvement shall be deemed
17 public work and shall be subject to and performed in accordance with the
18 provisions of article 8 of the labor law to the same extent and in the
19 same manner as a contract of the state, and compliance with all the
20 provisions of article 8 of the labor law shall be required of any
21 lessee, sublessee, contractor or subcontractor on the project, including
22 the enforcement of prevailing wage requirements by the fiscal officer as
23 defined in paragraph e of subdivision 5 of section 220 of the labor law
24 to the same extent as a contract of the state.
25 § 5. Notwithstanding any law, rule or regulation to the contrary, the
26 state university of New York shall not contract out to the ground lessee
27 or any subsidiary for the instruction or any pedagogical functions or
28 services, or any administrative services, and similar professional
29 services currently being performed by state employees. All such func-
30 tions and services shall be performed by state employees pursuant to the
31 civil service law. Nothing in this act shall result in the displacement
32 of any currently employed state worker or the loss of position (includ-
33 ing partial displacement such as reduction in the hours of non-overtime,
34 wages or employment benefits), or result in the impairment of existing
35 contracts for services or collective bargaining rights pursuant to
36 existing agreements as provided under article 14 of the civil service
37 law. All positions currently at the state university of New York in the
38 unclassified service shall remain in the unclassified service. No
39 services or work on the property described in this act currently
40 performed by public employees at the time of the effective date of this
41 act, or that is similar in scope and nature to the work being currently
42 performed by public employees at the time of the effective date of this
43 act, shall be contracted out or privatized by the state university of
44 New York. The state university of New York acknowledges its obligations
45 as an employer under the civil service law and agrees that it will not
46 exercise its right to contract out for goods and services under any
47 applicable collective bargaining agreement.
48 § 6. 1. The provisions of this section shall only apply to employees
49 in the unclassified service at the state university of New York.
50 2. Notwithstanding any law, rule or regulation to the contrary, the
51 state university of New York or an affiliated or associated entity of
52 the state university of New York shall not contract out to the ground
53 lessee or any subsidiary of the ground lessee or the research foundation
54 for the state university of New York for any services or privatize any
55 services currently being performed by employees in the unclassified
56 service at the state university of New York at Stony brook. All such
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1 functions and services currently performed by employees in unclassified
2 service shall be performed by employees in the unclassified service.
3 3. Nothing in this act relating to the lease of property to private
4 entities for the development, construction, or operation of facilities
5 shall be deemed to waive or impair any rights or benefits of employees
6 of the state university of New York that otherwise would be available to
7 them pursuant to the terms of agreements between the certified represen-
8 tatives of such employees and the state of New York or provisions of
9 article 14 of the civil service law. The state university of New York
10 and the state of New York acknowledge their obligations as an employer
11 and agree that they will not exercise their right to contract out for
12 services under any applicable collective bargaining agreement.
13 § 7. For the purposes of this act:
14 (a) "project" shall mean work at the property authorized by this act
15 to be leased to the ground lessee as described in section thirteen of
16 this act that involves the design, construction, reconstruction, demoli-
17 tion, excavating, rehabilitation, repair, renovation, alteration or
18 improvement of such property.
19 (b) "project labor agreement" shall mean a pre-hire collective
20 bargaining agreement between a contractor and a labor organization,
21 establishing the labor organization as the collective bargaining repre-
22 sentative for all persons who will perform work on the project, and
23 which provides that only contractors and subcontractors who sign a pre-
24 negotiated agreement with the labor organization can perform project
25 work.
26 § 8. Nothing in this act shall be deemed to waive or impair any rights
27 or benefits of employees of the state university of New York that other-
28 wise would be available to them pursuant to the terms of agreements
29 between the certified representatives of such employees and the state of
30 New York pursuant to article 14 of the civil service law, and all work
31 performed on such property that ordinarily would be performed by employ-
32 ees subject to article 14 of the civil service law shall continue to be
33 performed by such employees.
34 § 9. Notwithstanding the provisions of any general, special, or local
35 law or judicial decision to the contrary, the ground lessee shall
36 require the use of a project labor agreement, as defined in subdivision
37 1 of section 222 of the labor law, for all contractors and subcontrac-
38 tors on the project, consistent with paragraph (a) of subdivision 2 of
39 section 222 of the labor law.
40 § 10. Without limiting the determination of the terms and conditions
41 of such contracts or leases, such terms and conditions may provide for
42 leasing, subleasing, construction, reconstruction, rehabilitation,
43 improvement, operation and management of and provision of services and
44 assistance and the granting of licenses, easements and other arrange-
45 ments with regard to such grounds and facilities by the ground lessee,
46 and parties contracting with the ground lessee, and in connection with
47 such activities, the obtaining of funding or financing, whether public
48 or private, unsecured or secured, including, but not limited to, secured
49 by leasehold mortgages and assignments of rents and leases, by the
50 ground lessee and parties contracting with the ground lessee for the
51 purposes of completing the project described in this act.
52 § 11. Such lease shall include an indemnity provision whereby the
53 lessee or sublessee promises to indemnify, hold harmless and defend the
54 lessor against all claims, suits, actions, and liability to all persons
55 on the leased premises, including tenant, tenant's agents, contractors,
56 subcontractors, employees, customers, guests, licensees, invitees and
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1 members of the public, for damage to any such person's property, whether
2 real or personal, or for personal injuries arising out of tenant's use
3 or occupation of the demised premises.
4 § 12. Any contracts entered into pursuant to this act between the
5 ground lessee and parties contracting with the ground lessee shall be
6 awarded by a competitive process.
7 § 13. The property authorized by this act to be leased to the ground
8 lessee is generally described as that parcel of real property with
9 improvements thereon consisting of a total of approximately 11.5 acres
10 of land situated on the Southampton campus of the state university of
11 New York at Stony Brook. The description in this section of the parcel
12 to be made available pursuant to this act is not meant to be a legal
13 description, but is intended only to identify the parcel:
14 Beginning at a point on the southerly sideline of section 211, block
15 6, lot 9, now or formerly belonging to the MTA-LIRR, the said point
16 being distant 1135.50 feet on a bearing of south 86 degrees 01 minutes
17 07 seconds west from the intersection of the said lirr sideline with the
18 westerly sideline of tuckahoe road (50 feet wide), and running from the
19 said point of beginning; thence running through section 211, block 1,
20 lot 1 the following nine (9) courses:
21 (1) South 00 degrees 15 minutes 03 seconds east for a distance of 456.85
22 feet; thence
23 (2) South 85 degrees 52 minutes 00 seconds west, a distance of 97.30
24 feet to a point of curvature; thence
25 (3) On a curve to the left having a radius of 100.00 feet, a central
26 angle of 19 degrees 15 minutes 58 seconds and an arc length of 33.63
27 feet to a point of reverse curvature; thence
28 (4) On a curve to the right having a radius of 100.00 feet, a central
29 angle of 17 degrees 48 minutes 58 seconds and an arc length of 31.09
30 feet to a point of tangency; thence
31 (5) South 84 degrees 25 minutes 00 seconds west, a distance of 105.00
32 feet to a point of curvature; thence
33 (6) On a curve to the left having a radius of 65.00 feet, a central
34 angle of 73 degrees 17 minutes 00 seconds and an arc length of 83.14
35 feet to a point of tangency; thence
36 (7) South 11 degrees 08 minutes 00 seconds west, a distance of 54.50
37 feet; thence
38 (8) South 31 degrees 46 minutes 02 seconds west, being radial to the
39 following course, a distance of 48.50 feet; thence
40 (9) On a curve to the left having a radius of 125.00 feet, a central
41 angle of 39 degrees 49 minutes 32 seconds, and an arc length of 86.89
42 feet to a point of tangency; thence
43 (10) Continuing through said lot lot 1, passing through section 210,
44 block 2, lot 26 and then crossing into section 210, block 2, lot 25,
45 south 81 degrees 56 minutes 30 seconds west, a distance of 326.00 feet
46 to a point of curvature; thence
47 (11) Continuing through said lot 25, on a curve to the left having a
48 radius of 100.00 feet, a central angle of 43 degrees 59 minutes 00
49 seconds, and an arc length of 76.77 feet to a point of tangency; thence
50 (12) Continuing through said lot 25 and crossing back into aforemen-
51 tioned lot 26, south 37 degrees 57 minutes 30 seconds west, a distance
52 of 250.00 feet; thence
53 (13) Continuing through said lot 26, south 59 degrees 26 minutes 00
54 seconds west, a distance of 32.50 feet; thence
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1 (14) Continuing through said lot 26 and crossing back into aforemen-
2 tioned lot 25, north 30 degrees 34 minutes 00 seconds west, a distance
3 of 126.00 feet to a point of curvature; thence
4 (15) Continuing through said lot 25, on a curve to the left having a
5 radius of 65.00 feet, a central angle of 48 degrees 54 minutes 30
6 seconds, and an arc length of 55.48 feet to a point of tangency; thence
7 (16) Continuing through the same, north 79 degrees 28 minutes 30 seconds
8 west, a distance of 92.22 feet; thence
9 (17) Along the dividing line of said lot 25 to the east with section
10 210, block 2, lot 11.3 to the west, north 17 degrees 43 minutes 47
11 seconds east, a distance of 160.35 feet; thence
12 (18) Along the dividing line of said lot 25 to the southeast with
13 section 210, block 2, lots 11.3, 11.4 and 11.5 to the northwest, north
14 55 degrees 50 minutes 47 seconds east, a distance of 438.30 feet; thence
15 (19) Along the dividing line of aforementioned lot 1 to the southeast
16 with said lot 11.5 to the northwest, north 55 degrees 51 minutes 07
17 seconds east, a distance of 315.93 feet; thence
18 (20) Along same, north 24 degrees 08 minutes 33 seconds west, a distance
19 of 155.67 feet; thence
20 (21) Along the dividing line of said lot 1 to the south with aforemen-
21 tioned lot 9 to the north, north 86 degrees 01 minutes 07 seconds east,
22 a distance of 593.70 feet to the point and place of beginning.
23 The above-described lease area contains 500,818 square feet or 11.4972
24 acres of land. Subject to all existing easements and restrictions of
25 record.
26 § 14. The state university of New York shall not lease lands described
27 in this act unless any such lease shall be executed within 5 years of
28 the effective date of this act.
29 § 15. Insofar as the provisions of this act are inconsistent with the
30 provisions of any law, general, special or local, the provisions of this
31 act shall be controlling.
32 § 16. This act shall take effect immediately.
