Rpld S355 sub 8-b, S6221 sub A 4-a, amd Ed L, generally; amd SS4, 112 & 163, St Fin L; amd SS1676 & 1680, Pub
Auth L; amd S3, Pub Bldg L; amd S17, Pub Off L; amd SS40 & 600, R & SS L; amd S130, Civ Serv L
Enacts provisions of law necessary to implement the state fiscal plan for the 2010-2011 state fiscal year; relates to empowerment of state and city universities and community colleges.
STATE OF NEW YORK
________________________________________________________________________
S. 6 A. 6
Second Extraordinary Session
SENATE - ASSEMBLY
July 30, 2010
___________
IN SENATE -- Introduced by COMMITTEE ON RULES -- (at request of the
Governor) -- read twice and ordered printed, and when printed to be
committed to the Committee on Rules
IN ASSEMBLY -- Introduced by COMMITTEE ON RULES -- (at request of the
Governor) -- read once and referred to the Committee on Higher Educa-
tion
AN ACT to amend the education law and the state finance law, in relation
to tuition and self-supporting revenues of the state and city univer-
sities; and to repeal subdivision 8-b of section 355 and paragraph 4-a
of subdivision A of section 6221 of the education law relating there-
to; and providing for the repeal of such provisions upon expiration
thereof (Part A); to amend the education law, the public authorities
law and the public buildings law, in relation to capital facilities in
support of the state university and community colleges; and providing
for the repeal of certain provisions upon expiration thereof (Part B);
to amend the education law and the state finance law, in relation to
procurement in support of the state and city universities; and provid-
ing for the repeal of certain provisions upon expiration thereof (Part
C); to amend the public officers law, the education law and the
retirement and social security law, in relation to promoting efficien-
cy and effect savings in support of the state university; and provid-
ing for the repeal of such provisions upon expiration thereof (Part
D); to amend the civil service law and the education law, in relation
to state university health care facilities; and providing for the
repeal of such provisions upon expiration thereof (Part E); and to
enact reporting requirements; and providing for the repeal of such
provisions upon expiration thereof (Part F)
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD12307-01-0
S. 6 2 A. 6
1 Section 1. This act shall be known and may be cited as the "New York
2 state public higher education empowerment and innovation act".
3 § 2. This act enacts into law major components of legislation which
4 are necessary to implement the state fiscal plan for the 2010-2011 state
5 fiscal year. Each component is wholly contained within a Part identified
6 as Parts A through F. The effective date for each particular provision
7 contained within such Parts is set forth in the last section of such
8 Part. Any provision in any section contained within a Part, including
9 the effective date of the Part, which makes a reference to a section "of
10 this act", when used in connection with that particular component, shall
11 be deemed to mean and refer to the corresponding section of the Part in
12 which it is found. Section four of this act sets forth the general
13 effective date of this act.
14 PART A
15 Section 1. Section 350 of the education law is amended by adding four
16 new subdivisions 7, 8, 9 and 10 to read as follows:
17 7. "Annual tuition" shall mean the cost of credit hour enrollment at
18 the state-operated institutions of the state university of New York over
19 the course of an academic year.
20 8. "Differing rates of annual tuition" shall mean that the cost of
21 credit hour enrollment at individual state-operated campuses and for
22 programs within a campus may vary in relation to similar campuses and
23 programs within a campus at similar institutions.
24 9. "Graduate degree program" and "professional degree program" shall
25 mean any course of study or credit hours leading to a specific degree
26 type beyond a bachelor's degree at the state-operated institutions of
27 the state university of New York.
28 10. "General tuition policy" shall mean a policy established by the
29 board of trustees governing a homogenous tuition increase or decrease
30 across all campuses equally for resident undergraduate students, except
31 that nothing shall preclude the State University of New York at Buffalo,
32 the State University of New York at Stony Brook, the State University of
33 New York at Albany, the State University of New York at Binghamton, the
34 State University of New York Downstate Medical Center, the State Univer-
35 sity of New York Upstate Medical University, the State University of New
36 York College of Environmental Sciences and Forestry, and the State
37 University of New York College of Optometry from charging differing
38 rates of annual tuition pursuant to clause (i) of subparagraph four of
39 paragraph h of subdivision two of section three hundred fifty-five of
40 the education law.
41 § 2. Subparagraph 4 of paragraph h of subdivision 2 of section 355 of
42 the education law, as amended by chapter 309 of the laws of 1996, is
43 amended to read as follows:
44 (4) The trustees shall not impose a differential tuition charge based
45 upon need or income. All students enrolled in programs leading to like
46 degrees at state-operated institutions of the state university shall be
47 charged a uniform rate of tuition except for differential tuition rates
48 based on state residency, and commencing with the two thousand eleven--
49 two thousand twelve academic year, non-state residents, and all students
50 enrolled in graduate degree programs or professional degree programs may
51 be charged differing rates of annual tuition by campus and by program
52 within a campus. Provided, however, that the trustees may authorize the
53 presidents of the colleges of technology and the colleges of agriculture
54 and technology to set differing rates of tuition for each of the
S. 6 3 A. 6
1 colleges for students enrolled in degree-granting programs leading to an
2 associate degree and non-degree granting programs so long as such
3 tuition rate does not exceed the tuition rate charged to students who
4 are enrolled in like degree programs or degree-granting undergraduate
5 programs leading to a baccalaureate degree at other state-operated
6 institutions of the state university of New York[. The trustees shall
7 not adopt changes affecting tuition charges prior to the enactment of
8 the annual budget.]; and provided further, that:
9 (i) Notwithstanding the provision of any law, rule or regulation to
10 the contrary, for the two thousand ten--two thousand eleven academic
11 year, the state university of New York board of trustees shall be
12 empowered to increase the general annual rate of tuition by a maximum of
13 two percent over final two thousand nine--two thousand ten annual rates
14 of tuition;
15 (ii) Commencing with the two thousand eleven--two thousand twelve
16 academic year, the president of the State University of New York at
17 Buffalo, the State University of New York at Stony Brook, the State
18 University of New York at Albany, the State University of New York at
19 Binghamton, the State University of New York Downstate Medical Center,
20 the State University of New York Upstate Medical University, the State
21 University of New York College of Environmental Sciences and Forestry,
22 and the State University of New York College of Optometry, in consulta-
23 tion with the respective student government and upon the recommendation
24 of the respective college council, may recommend to the trustees, and
25 the trustees shall be authorized to implement, differing rates of annual
26 tuition within each academic year two thousand eleven--two thousand
27 twelve through two thousand fourteen--two thousand fifteen for state
28 resident undergraduate students upon the basis of campus and program
29 within a campus, provided that no such differential increase shall
30 exceed seven percent in each of the years outlined above, for students
31 who are New York state residents in courses of study leading to under-
32 graduate, graduate and first professional degrees; provided, however,
33 that on or before June fifteenth, two thousand eleven the trustees shall
34 promulgate guidelines outlining the criteria such campus or program must
35 meet in order to qualify for differential rates. Such criteria shall
36 include, but not be limited to, program cost, program mix, need, compar-
37 ison with peer programs or campuses, economic elasticity, impact on
38 access, fairness and measures to ensure that students are not steered
39 toward certain courses of study based on ability to pay;
40 (iii) Notwithstanding the foregoing, commencing with the two thousand
41 eleven--two thousand twelve academic year, the president of any state-
42 operated institution in consultation with the respective student govern-
43 ment and upon the recommendation of the respective college council, may
44 recommend to the trustees, and the trustees shall be authorized to
45 implement, a general tuition policy that shall apply in a uniform manner
46 for all state-operated institutions to increase annual tuition within
47 each academic year two thousand eleven--two thousand twelve through two
48 thousand fourteen--two thousand fifteen for resident undergraduate
49 students up to four percent in each of the years outlined above;
50 (iv) To the extent that the State University of New York rate of annu-
51 al resident undergraduate tuition exceeds the maximum award given under
52 section six hundred sixty-seven of this title in the two thousand ten--
53 two thousand eleven academic year, a portion of such university's
54 tuition revenue shall be used to provide need based aid to those
55 students who qualify for admission and who qualify for such maximum
56 award. In addition, there shall be a comprehensive review of the tuition
S. 6 4 A. 6
1 assistance program conducted by the higher education services corpo-
2 ration to assess current parameters and future needs. Upon completion,
3 the higher education services corporation shall submit a report of its
4 findings no later than November thirtieth, two thousand ten to the
5 governor, the chair of the senate finance committee, the chair of the
6 assembly ways and means committee, the chair of the senate higher educa-
7 tion committee, and the chair of the assembly higher education commit-
8 tee; and
9 (v) Notwithstanding the provision of any law, rule or regulation to
10 the contrary, the state university shall receive sufficient appropri-
11 ation authority to allow the expenditure of tuition revenue expected to
12 be received.
13 § 3. Section 6202 of the education law is amended by adding four new
14 subdivisions 10, 11, 12 and 13 to read as follows:
15 10. "Annual tuition" shall mean the cost of credit hour enrollment at
16 the senior colleges of the city university of New York over the course
17 of an academic year.
18 11. "Differing rates of annual tuition" shall mean that the cost of
19 credit hour enrollment at individual senior college campuses and for
20 programs within a campus may vary in relation to similar campuses and
21 programs within a campus at similar institutions.
22 12. "Graduate degree program" and "professional degree program" shall
23 mean any course of study or credit hours leading to a specific degree
24 type beyond a bachelor's degree at the senior colleges of the city
25 university of New York.
26 13. "General tuition policy" shall mean a policy established by the
27 board of trustees governing a homogenous tuition increase or decrease
28 across all campuses equally for resident undergraduate students, except
29 that nothing shall preclude the City University of New York: Baruch
30 College, the City University of New York: Brooklyn College, the City
31 University of New York: City College, the City University of New York:
32 Hunter College and the City University of New York: Queens College from
33 charging differing rates of annual tuition pursuant to subparagraph (i)
34 of paragraph (a) of subdivision seven of section sixty-two hundred six
35 of this article.
36 § 4. Paragraph (a) of subdivision 7 of section 6206 of the education
37 law, as amended by chapter 327 of the laws of 2002, the opening para-
38 graph as amended by section 2 of part O of chapter 58 of the laws of
39 2006, is amended to read as follows:
40 (a) The board of trustees shall establish positions, departments,
41 divisions and faculties; appoint and in accordance with the provisions
42 of law fix salaries of instructional and non-instructional employees
43 therein; establish and conduct courses and curricula; prescribe condi-
44 tions of student admission, attendance and discharge; and shall have the
45 power to determine in its discretion whether tuition shall be charged
46 and to regulate tuition charges, and other instructional and non-in-
47 structional fees and other fees and charges at the educational units of
48 the city university. The trustees shall review any proposed community
49 college tuition increase and the justification for such increase. The
50 justification provided by the community college for such increase shall
51 include a detailed analysis of ongoing operating costs, capital, debt
52 service expenditures, and all revenues. The trustees shall not impose a
53 differential tuition charge based upon need or income. All students
54 enrolled in programs leading to like degrees at the senior colleges
55 shall be charged a uniform rate of tuition, except for differential
56 tuition rates based on state residency, and commencing with the two
S. 6 5 A. 6
1 thousand eleven--two thousand twelve academic year, non-state residents,
2 and students enrolled in graduate degree programs or professional degree
3 programs may be charged differing rates of annual tuition by campus and
4 by program within a campus. Provided, however:
5 (i) Notwithstanding the provision of any law, rule or regulation to
6 the contrary, for the two thousand ten--two thousand eleven academic
7 year, the city university of New York board of trustees shall be
8 empowered, upon the recommendation of the chancellor, to increase the
9 general annual rate of tuition by a maximum of two percent over final
10 two thousand nine--two thousand ten annual rates of tuition;
11 (ii) Commencing with the two thousand eleven--two thousand twelve
12 academic year, the presidents of the City University of New York: Baruch
13 College, the City University of New York: Brooklyn College, the City
14 University of New York: City College, the City University of New York:
15 Hunter College, and the City University of New York: Queens College, in
16 consultation with the respective student government, may recommend to
17 the chancellor, and upon recommendation of the chancellor, the trustees
18 shall be authorized to implement, differing rates of annual tuition
19 within each academic year two thousand eleven--two thousand twelve
20 through two thousand fourteen--two thousand fifteen for state resident
21 undergraduate students upon the basis of campus and program within a
22 campus, provided that no such differential increase shall exceed seven
23 percent in each of the years outlined above, for students who are New
24 York state residents in courses of study leading to undergraduate, grad-
25 uate and first professional degrees; provided, however, that on or
26 before June fifteenth, two thousand eleven the trustees shall promulgate
27 guidelines outlining the criteria such campus or program must meet in
28 order to qualify for differential rates. Such criteria shall include,
29 but not be limited to, program cost, program mix, need, comparison with
30 peer programs or campuses, economic elasticity, impact on access, fair-
31 ness and measures to ensure that students are not steered toward certain
32 courses of study based on ability to pay;
33 (iii) Commencing with the two thousand eleven--two thousand twelve
34 academic year, the president of any senior college, in consultation with
35 the respective student government, may recommend to the chancellor, and
36 upon recommendation of the chancellor, the trustees shall be authorized
37 to implement, a general tuition policy that shall apply in a uniform
38 manner to all senior colleges to increase annual tuition within each
39 academic year two thousand eleven--two thousand twelve through two thou-
40 sand fourteen--two thousand fifteen for resident undergraduate students
41 up to four percent in each of the years outlined above;
42 (iv) To the extent that the City University of New York rate of annual
43 resident undergraduate tuition exceeds the maximum award given under
44 section six hundred sixty-seven of this title in the two thousand ten--
45 two thousand eleven academic year, a portion of such university's
46 tuition revenue shall be used to provide need based aid to those
47 students who qualify for admission and who qualify for such maximum
48 award. In addition, there shall be a comprehensive review of the tuition
49 assistance program conducted by the higher education services corpo-
50 ration to assess current parameters and future needs. Upon completion,
51 the higher education services corporation shall submit a report of its
52 findings no later than November thirtieth, two thousand ten to the
53 governor, the chair of the senate finance committee, the chair of the
54 assembly ways and means committee, the chair of the senate higher educa-
55 tion committee, and the chair of the assembly higher education commit-
56 tee; and
S. 6 6 A. 6
1 (v) Notwithstanding the provision of any law, rule or regulation to
2 the contrary, the city university shall receive sufficient appropriation
3 authority to allow the expenditure of tuition revenue expected to be
4 received.
5 (a-1) The trustees shall further provide that the payment of tuition
6 and fees by any student who is not a resident of New York state, other
7 than a non-immigrant alien within the meaning of paragraph (15) of
8 subsection (a) of section 1101 of title 8 of the United States Code,
9 shall be paid at a rate or charge no greater than that imposed for
10 students who are residents of the state if such student:
11 (i) attended an approved New York high school for two or more years,
12 graduated from an approved New York high school and applied for attend-
13 ance at an institution or educational unit of the city university within
14 five years of receiving a New York state high school diploma; or
15 (ii) attended an approved New York state program for general equiv-
16 alency diploma exam preparation, received a general equivalency diploma
17 issued within New York state and applied for attendance at an institu-
18 tion or educational unit of the city university within five years of
19 receiving a general equivalency diploma issued within New York state; or
20 (iii) was enrolled in an institution or educational unit of the city
21 university in the fall semester or quarter of the two thousand one--two
22 thousand two academic year and was authorized by such institution or
23 educational unit to pay tuition at the rate or charge imposed for
24 students who are residents of the state.
25 A student without lawful immigration status shall also be required to
26 file an affidavit with such institution or educational unit stating that
27 the student has filed an application to legalize his or her immigration
28 status, or will file such an application as soon as he or she is eligi-
29 ble to do so. [The trustees shall not adopt changes in tuition charges
30 prior to the enactment of the annual budget.] The board of trustees may
31 accept as partial reimbursement for the education of veterans of the
32 armed forces of the United States who are otherwise qualified such sums
33 as may be authorized by federal legislation to be paid for such educa-
34 tion. The board of trustees may conduct on a fee basis extension courses
35 and courses for adult education appropriate to the field of higher
36 education. In all courses and courses of study it may, in its
37 discretion, require students to pay library, laboratory, locker, break-
38 age and other instructional and non-instructional fees and meet the cost
39 of books and consumable supplies. In addition to the foregoing fees and
40 charges, the board of trustees may impose and collect fees and charges
41 for student government and other student activities and receive and
42 expend them as agent or trustee.
43 § 5. Subdivision 8-b of section 355 of the education law is REPEALED.
44 § 6. Section 4 of the state finance law is amended by adding a new
45 subdivision 12 to read as follows:
46 12. Notwithstanding subdivision one of this section, the moneys depos-
47 ited in special revenue funds - other appropriated for use by the state
48 university of New York or the city university of New York shall be
49 available for disbursement without a certificate of approval or allo-
50 cation.
51 § 7. Section 359 of the education law is amended by adding a new
52 subdivision 5 to read as follows:
53 5. On or before March first, annually, for the six month period ending
54 the preceding December thirty-first, and on or before September first,
55 for the six month period ending the preceding June thirtieth, the state
56 university shall provide to the chairs of the senate finance committee
S. 6 7 A. 6
1 and assembly ways and means committee and the director of the budget a
2 report that shall include the following:
3 a. the allocation by the state university, by state-operated campus,
4 system administration and university-wide program, of state aid appro-
5 priated to the state university;
6 b. revenue received by each state-operated campus from tuition, fees
7 and other sources and activities of the state university that are
8 intended to be self-supporting (i) with respect to tuition revenue, by
9 program or degree category, (ii) with respect to fee revenue, by a list-
10 ing of each fee, the amount thereof, and aggregate revenue per fee, and
11 (iii) with respect to revenue derived from other sources and activities,
12 by a listing of each source, and the aggregate revenue derived from each
13 source;
14 c. expenditures made by each state-operated campus for personal
15 service and non-personal service, and (i) with respect to personal
16 service, for personal service-regular, temporary service and
17 holiday/overtime compensation, and (ii) with respect to non-personal
18 service, by supplies and materials, travel, contractual services and
19 equipment;
20 d. programs and activities the state university has funded with
21 tuition revenue derived from differing rates of tuition upon the basis
22 of campus or program authorized pursuant to clause (i) of subparagraph
23 four of paragraph (h) of subdivision two of section three hundred
24 fifty-five of this article;
25 e. enrollment at each state-operated campus (i) in the aggregate, and
26 (ii) by program or degree category as set forth in subparagraph (i) of
27 paragraph b of this subdivision; and
28 f. such other information as the director of the budget shall request.
29 § 8. Section 352 of the education law is amended by adding a new
30 subdivision 4 to read as follows:
31 4. Notwithstanding any other law to the contrary, the state shall
32 annually appropriate and pay an amount equal to available state support
33 for the state university. Such state payment shall be made in four
34 installments, on or before the first week of July, October, January and
35 April.
36 § 9. Paragraph 4-a of subdivision A of section 6221 of the education
37 law is REPEALED.
38 § 10. Section 6233 of the education law is amended by adding a new
39 subdivision 4 to read as follows:
40 4. On or before March first, annually, for the six month period ending
41 the preceding December thirty-first, and on or before September first,
42 for the six month period ending the preceding June thirtieth, the city
43 university shall provide to the chairs of the senate finance committee
44 and assembly ways and means committee and the director of the budget a
45 report that shall include the following:
46 a. the allocation by the city university, by senior college campus,
47 central administration and university-wide programs, of state aid appro-
48 priated to the city university;
49 b. revenue received by each senior college campus from tuition, fees
50 and other sources and activities of the city university that are
51 intended to be self-supporting (i) with respect to tuition revenue, by
52 program or degree category, (ii) with respect to fee revenue, by a list-
53 ing of each fee, the amount thereof, and aggregate revenue per fee, and
54 (iii) with respect to revenue derived from other sources and activities,
55 by a listing of each source, and the aggregate revenue derived from each
56 source;
S. 6 8 A. 6
1 c. expenditures made by each senior college campus for personal
2 service and non-personal service, and (i) with respect to personal
3 service, for personal service-regular, temporary service and
4 holiday/overtime compensation, and (ii) with respect to non-personal
5 service, by supplies and materials, travel, contractual services and
6 equipment;
7 d. programs and activities the city university has funded with tuition
8 revenue derived from differing rates of tuition upon the basis of campus
9 or program authorized pursuant to subparagraph (ii) of paragraph (a) of
10 subdivision seven of section sixty-two hundred six of this article;
11 e. enrollment at each senior college campus (i) in the aggregate, and
12 (ii) by program or degree category as set forth in subparagraph (i) of
13 paragraph b of this subdivision; and
14 f. such other information as the director of the budget shall request.
15 § 11. Item (c) of subclause 1 of clause (A) of subparagraph (i) of
16 paragraph a of subdivision 3 of section 667 of the education law, as
17 amended by section 1 of part B of chapter 60 of the laws of 2000, is
18 amended to read as follows:
19 (c) For students first receiving aid in [the] two thousand--two thou-
20 sand one and thereafter, five thousand dollars[.] , unless, commencing
21 in the two thousand eleven--two thousand twelve academic year and there-
22 after, the annual resident undergraduate tuition at either the State
23 University of New York or the City University of New York exceeds such
24 amount, in which case the maximum basis on which to compute a tuition
25 assistance program award pursuant to this subdivision shall be equal to
26 five thousand dollars plus six-tenths the difference between the highest
27 annual resident undergraduate tuition at the State University of New
28 York or the City University of New York, whichever is higher, and five
29 thousand dollars;
30 § 12. This act shall take effect immediately and shall expire and be
31 deemed repealed June 30, 2015.
32 PART B
33 Section 1. Paragraph a of subdivision 2 of section 355 of the educa-
34 tion law, as amended by chapter 552 of the laws of 1985, is amended to
35 read as follows:
36 a. (1) To take, hold and administer on behalf of the state university
37 or any institution therein, real and personal property or any interest
38 therein and the income thereof either absolutely or in trust for any
39 educational or other purpose within the jurisdiction and corporate
40 purposes of the state university. The trustees may acquire property for
41 such purposes by purchase, appropriation or lease and by the acceptance
42 of gifts, grants, bequests and devises, and, within appropriations made
43 therefor, may equip and furnish buildings and otherwise improve property
44 owned, used or occupied by the state university or any institution ther-
45 ein. The trustees may acquire property by the acceptance of conditional
46 gifts, grants, devises or bequests, the provisions of section eleven of
47 the state finance law notwithstanding. Where real property is to be
48 acquired by purchase or appropriation, such acquisition shall be in
49 accordance with the provisions of section three hundred seven of this
50 chapter except that the powers and duties in said section mentioned to
51 be performed by the commissioner [of education] shall be performed by
52 the state university trustees.
53 (2) The provisions of sections three, thirty-a, and thirty-three of
54 the public lands law notwithstanding, the trustees may provide for the
S. 6 9 A. 6
1 lease, transfer or conveyance, other than conveyance of title, of state-
2 owned real property under the jurisdiction of the state university of
3 New York at Buffalo, the state university of New York at Stony Brook,
4 the state university of New York at Albany and the state university of
5 New York at Binghamton, and the state university health care facilities,
6 upon approval of the state university asset maximization review board
7 created pursuant to section three hundred sixty-one of this article. The
8 foregoing notwithstanding, the trustees, upon approval of the state
9 university asset maximization review board, may provide for the lease of
10 such real property for periods not to exceed fifty years in support of
11 the educational and other corporate purposes of the state university,
12 unless the subject project is in conflict with the mission of the campus
13 to which it relates, including but not limited to, the development and
14 operation of research, incubator, community, health care, retail, food
15 service, telecommunication, student and faculty housing, energy, govern-
16 mental, senior community, hotel, conference center and recreational
17 facilities, and for the purpose of maximizing the use of natural
18 resources; provided, however, that with regard to any such lease, trans-
19 fer or conveyance:
20 (i) such lease or agreement shall be deemed a state contract for
21 purposes of article fifteen-A of the executive law, and the entity
22 entering into such contract shall be deemed a state agency for purposes
23 of article fifteen-A of the executive law.
24 (ii) all work performed on a project where all or any portion thereof
25 involves a lease or agreement for construction, demolition, recon-
26 struction, excavation, rehabilitation, repair, renovation, alteration or
27 improvement shall be deemed a public work and shall be subject to and
28 performed in accordance with the provisions of article eight of the
29 labor law to the same extent and in the same manner as a contract of the
30 state, and compliance with all the provisions of article eight of the
31 labor law shall be required of any lessee, sublessee, contractor or
32 subcontractor on the project.
33 (iii) the lessee or sublessee shall indemnify and defend the state
34 university of New York against all claims, suits, actions and liability
35 to all persons arising out of the lessee or sublessee's use or occupancy
36 of the demised premises.
37 (iv) nothing in the lease or agreement shall be deemed to waive or
38 impair any rights or benefits of employees of the state university of
39 New York that otherwise would be available to them pursuant to the terms
40 of collective bargaining agreements. All work performed on the demised
41 premises that ordinarily would be performed by employees subject to
42 article fourteen of the civil service law shall continue to be performed
43 by such employees.
44 (v) upon the expiration of the lease or agreement, the demised prem-
45 ises shall revert to the state university of New York.
46 (vi) in the event the demised premises shall cease to be used for the
47 purposes described in the lease or agreement, the lease or agreement
48 shall immediately terminate, and the demised premises shall revert to
49 the state university of New York.
50 (vii) Any contracts awarded or entered into by a campus related foun-
51 dation, alumni association or affiliate thereof, any not-for-profit
52 corporation or association organized by a state-operated institution to
53 further its purposes, or any limited liability company whose sole member
54 is any of the foregoing entities, for construction, reconstruction,
55 renovation, rehabilitation, improvement or expansion at the state-oper-
56 ated institution, for any single construction project exceeding ten
S. 6 10 A. 6
1 million dollars in the aggregate, for which more than twenty-five
2 percent of such aggregate amount is to be paid from appropriations
3 furnished by either the state of New York or the state university, such
4 construction, reconstruction, renovation, rehabilitation, improvement or
5 expansion at the state-operated institution shall be undertaken pursuant
6 to a project labor agreement, as defined in subdivision one of section
7 two hundred twenty-two of the labor law, provided a study done by or for
8 the contracting entity determines that a project labor agreement will
9 benefit such construction, reconstruction, renovation, rehabilitation,
10 improvement or expansion through reduced risk of delay, potential cost
11 savings or potential reduction in the risk of labor unrest in light of
12 any pertinent local history thereof. For purposes of applying the dollar
13 thresholds set forth in this clause, the term "single construction
14 project" shall mean any construction, reconstruction, renovation, reha-
15 bilitation, improvement or expansion activity associated with one or
16 more buildings, structures or improvements, including all directly
17 related infrastructure and site work in contemplation thereof, that are
18 functionally interdependent.
19 (3) The provisions of section one hundred sixty-seven of the state
20 finance law notwithstanding, the trustees may provide for the sale,
21 lease, transfer or conveyance of personal property under the custody and
22 control of the state university in such manner and upon such terms as
23 the trustees shall determine. The provisions of section twenty-three of
24 the public lands law and section one hundred sixty-seven of the state
25 finance law notwithstanding, the proceeds from the sale, lease, transfer
26 or conveyance of state-owned real property under the jurisdiction of the
27 state university or of personal property under the custody and control
28 of the state university shall be retained by the state university.
29 § 2. The education law is amended by adding a new section 361 to read
30 as follows:
31 § 361. State university asset maximization review board; creation;
32 procedure. 1. Creation. (a) The state university asset maximization
33 review board ("the board") is hereby created to have and exercise the
34 powers, duties and prerogatives provided by the provisions of this
35 section and any other provision of law.
36 (b) The voting membership of the board shall consist of three persons
37 appointed by the governor, of which one shall be upon the recommendation
38 of the temporary president of the senate and one upon the recommendation
39 of the speaker of the assembly. Upon recommendation of the nominating
40 party, the governor shall replace any member in accordance with the
41 provision contained in this subdivision for the appointment of members.
42 The governor shall designate one of the members to serve as chairperson.
43 The board shall act by unanimous vote of the members of the board;
44 provided, however that within forty-five days of receipt of an applica-
45 tion specified in paragraph (b) of subdivision three of this section,
46 the designated board chairperson shall convene a meeting of the board,
47 consisting of all voting and non-voting members of the board pursuant to
48 this paragraph and paragraphs (c), (d) and (e) of this subdivision
49 provided, however that all voting members or their designee must partic-
50 ipate to approve or deny an application. Any determination of the board
51 shall be evidenced by a certification thereof executed by all the
52 members. Each member of the board shall be entitled to designate a
53 representative to attend meetings of the board on the designating
54 member's behalf, and to vote or otherwise act on the designating
55 member's behalf in the designating member's absence. Notice of such
56 designation shall be furnished in writing to the board by the designat-
S. 6 11 A. 6
1 ing member. A representative shall serve at the pleasure of the desig-
2 nating member during the member's term of office. A representative shall
3 not be authorized to delegate any of his or her duties or functions to
4 any other person.
5 (c) The governor shall also appoint two non-voting members to the
6 board of which one shall be upon the recommendation of the minority
7 leader of the senate and one upon the recommendation of the minority
8 leader of the assembly. Each non-voting member shall be entitled to
9 designate a representative to attend meetings of the board in his or her
10 place.
11 (d) Two ex-officio non-voting members of the board shall be the state
12 comptroller and the state attorney general. Each ex-officio member shall
13 be entitled to designate a representative to attend meetings of the
14 board in his or her place.
15 (e) Two ex-officio non-voting members of the board shall be the presi-
16 dent of the AFL-CIO and the director of the division of minority and
17 women-owned business enterprises of the empire state development corpo-
18 ration. Each ex-officio member shall be entitled to designate a repre-
19 sentative to attend meetings of the board in his or her place.
20 (f) Every officer, employee, or member of a governing board or other
21 board of any college or group or association of colleges, and every New
22 York state regent, every officer or employee of the board of regents or
23 the department and every trustee, officer or employee of the state
24 university of New York shall be ineligible for appointment as a member,
25 representative, officer, employee or agent of the board.
26 (g) The members of the board shall serve without salary or per diem
27 allowance but shall be entitled to reimbursement for actual and neces-
28 sary expenses incurred in the performance of official duties pursuant to
29 this section or other provision of law, provided however that such
30 members and representatives are not, at the time such expenses are
31 incurred, public officers or employees otherwise entitled to such
32 reimbursement.
33 (h) The members, their representatives, officers and staff to the
34 board shall be deemed employees within the meaning of section seventeen
35 of the public officers law.
36 2. Powers, functions and duties of the state university asset maximi-
37 zation review board; limitations. Pursuant to this chapter, the board
38 shall have the power and it shall be its duty to approve or deny: (a)
39 requests received from the trustees of the state university for the
40 lease, transfer or conveyance, other than the conveyance of title, of
41 state-owned real property under the jurisdiction of the state
42 university, and (b) requests from the trustees of the state university
43 to participate in joint and cooperative arrangements with public, not-
44 for-profit and business entities as partners, joint venturers, members
45 of not-for-profit corporations, members of limited liability companies
46 and shareholders of business corporations, as authorized by paragraph z
47 of subdivision two of section three hundred fifty-five of this article.
48 3. (a) The trustees of the state university of New York shall submit,
49 in writing, an application to all voting and non-voting members of the
50 board for the lease, transfer, conveyance, other than the conveyance of
51 title, of state-owned real property under the jurisdiction of the state
52 university. The application shall include, but not be limited to, the
53 name or names of the prospective entity for which a lease or agreement
54 shall be entered, the geographical location and parcel of real property
55 that would be utilized, the period of time for which the lease, transfer
56 or conveyance is to be executed and any consideration which is to be
S. 6 12 A. 6
1 granted to the state university for the lease, transfer or conveyance of
2 such real property. Where a lease agreement for student and/or faculty
3 housing is submitted to the board for approval, if applicable, the board
4 may take into consideration whether the agreement would impact occupancy
5 in dormitories financed pursuant to agreements between the dormitory
6 authority of the state of New York, the state university of New York or
7 the state university construction fund. The trustees shall also furnish
8 any other information that the board deems necessary within fifteen days
9 of the request.
10 (b) Upon receipt of an application from the trustees, the board shall
11 have no more than forty-five days to evaluate such application and
12 record a vote of approve or deny for each voting member of the board.
13 (c) Within three days of receipt of an application by the board, the
14 chairperson of the board shall convene an initial meeting to take place
15 with at least seven days advance notice to all members of the board, and
16 within twenty-one days of the receipt of the application for the purpose
17 of recording a vote to approve, deny, or table the application. If any
18 vote is made to deny the application, the application is denied unless
19 there is a vote to table the application. If at the initial meeting,
20 any voting member or their designee does not participate to record a
21 vote, or if there is a vote to table the application, then within three
22 days of the initial meeting, the chairperson of the board shall convene
23 a subsequent meeting with at least seven days advance notice to all
24 members of the board, and within thirty-five days of the receipt of the
25 application for the purpose of recording a vote to approve, deny, or
26 table the application. If any vote is made to deny the application, the
27 application is denied unless there is a vote to table the application.
28 If at the subsequent meeting, any voting member or their designee does
29 not participate to record a vote, or if there is a vote to table the
30 application, then within three days of the subsequent meeting, the
31 chairperson of the board shall convene a final meeting with at least
32 seven days advance notice to all members of the board, and within
33 forty-five days of the receipt of the application for the purpose of
34 recording a vote to approve or deny the application. If any vote is made
35 to deny the application, the application is denied. If any voting member
36 or their designee does not participate in the final meeting, or if any
37 voting member does not cast a vote to approve or deny the application,
38 then the vote of such member shall be recorded as a vote to approve the
39 application.
40 (d) In the event that the chairperson of the board does not convene a
41 meeting required pursuant to paragraph (c) of this subdivision, either
42 of the other voting members of the board shall have the authority to
43 convene such meeting within the same parameters and with the same crite-
44 ria required by such paragraph, except that any such meeting shall be
45 convened within two days of the expiration of the three day time allot-
46 ment provided to the chairperson. In addition, nothing in this section
47 shall prevent the chairperson from convening additional meetings not
48 specifically required pursuant to paragraph (c) of this subdivision,
49 provided that any such meeting shall allow at least seven days advance
50 notice to all members of the board.
51 (e) Notwithstanding any other provision of this subdivision, any
52 advance notice requirements may be waived upon the consent of all voting
53 members of the board.
54 (f) Notwithstanding any other provision of this subdivision, if any
55 voting member casts a vote to table the application, no other votes
56 shall be recorded until a subsequent meeting is convened. Provided,
S. 6 13 A. 6
1 however, that a vote to table the application shall not be allowable
2 after thirty-five days of the receipt of the application.
3 (g) All meetings convened by the board shall be subject to the open
4 meetings law, and any votes recorded by any voting member of the board
5 shall be made public.
6 (h) Upon approval of an application, the trustees shall submit to the
7 board proof of compliance with article fifteen-A of the executive law
8 and upon non-compliance, shall provide good cause shown for such non-
9 compliance. Upon review of such information, the board shall report its
10 findings to the temporary president of the senate, the speaker of the
11 assembly, the chair of assembly ways and means committee, the chair of
12 the senate finance committee and the chair of the higher education
13 committees in both houses.
14 4. (a) The trustees of the state university shall submit, in writing,
15 an application to all voting and non-voting members of the board to
16 participate in joint and cooperative arrangements with public, not-for-
17 profit and business entities as partners, joint venturers, members of
18 not-for-profit corporations, members of limited liability companies and
19 shareholders of business corporations, as authorized by paragraph z of
20 subdivision two of section three hundred fifty-five of this article. The
21 application shall include, but not be limited to, the name of the entity
22 with which the state university seeks to participate, the type of legal
23 entity to be created, and the transaction that the state university and
24 the other participant seek to undertake. The trustees shall also furnish
25 information related to their plans to advertise prospective projects in
26 the procurement opportunities newsletter and in local newspapers and
27 take any other steps to maximize the opportunity for local business
28 participation and the board may request any other information that the
29 board deems necessary within fifteen days of the request.
30 (b) Upon receipt of an application from the trustees, the board shall
31 have no more than forty-five days to evaluate such application and
32 record a vote of approve or deny for each voting member of the board.
33 (c) Within three days of receipt of an application by the board, the
34 chairperson of the board shall convene an initial meeting to take place
35 with at least seven days advance notice to all members of the board, and
36 within twenty-one days of the receipt of the application for the purpose
37 of recording a vote to approve, deny, or table the application. If any
38 vote is made to deny the application, the application is denied unless
39 there is a vote to table the application. If at the initial meeting,
40 any voting member or their designee does not participate to record a
41 vote, or if there is a vote to table the application, then within three
42 days of the initial meeting, the chairperson of the board shall convene
43 a subsequent meeting with at least seven days advance notice to all
44 members of the board, and within thirty-five days of the receipt of the
45 application for the purpose of recording a vote to approve, deny, or
46 table the application. If any vote is made to deny the application, the
47 application is denied unless there is a vote to table the application.
48 If at the subsequent meeting, any voting member or their designee does
49 not participate to record a vote, or if there is a vote to table the
50 application, then within three days of the subsequent meeting, the
51 chairperson of the board shall convene a final meeting with at least
52 seven days advance notice to all members of the board, and within
53 forty-five days of the receipt of the application for the purpose of
54 recording a vote to approve or deny the application. If any vote is made
55 to deny the application, the application is denied. If any voting member
56 or their designee does not participate in the final meeting, or if any
S. 6 14 A. 6
1 voting member does not cast a vote to approve or deny the application,
2 then the vote of such member shall be recorded as a vote to approve the
3 application.
4 (d) In the event that the chairperson of the board does not convene a
5 meeting required pursuant to paragraph (c) of this subdivision, either
6 of the other voting members of the board shall have the authority to
7 convene such meeting within the same parameters and with the same crite-
8 ria required by such paragraph, except that any such meeting shall be
9 convened within two days of the expiration of the three day time allot-
10 ment provided to the chairperson. In addition, nothing in this section
11 shall prevent the chairperson from convening additional meetings not
12 specifically required pursuant to paragraph (c) of this subdivision,
13 provided that any such meeting shall allow at least seven days advance
14 notice to all members of the board.
15 (e) Notwithstanding any other provision of this subdivision, any
16 advance notice requirements may be waived upon the consent of all voting
17 members of the board.
18 (f) Notwithstanding any other provision of this subdivision, if any
19 voting member casts a vote to table the application, no other votes
20 shall be recorded until a subsequent meeting is convened. Provided,
21 however, that a vote to table the application shall not be allowable
22 after thirty-five days of the receipt of the application.
23 (g) All meetings convened by the board shall be subject to the open
24 meetings law, and any votes recorded by any voting member of the board
25 shall be made public.
26 (h) Upon approval of an application, the trustees shall submit to the
27 board proof of compliance with article fifteen-A of the executive law
28 and upon non-compliance, shall provide good cause shown for such non-
29 compliance. Upon review of such information, the board shall report its
30 findings to the temporary president of the senate, the speaker of the
31 assembly, the chair of assembly ways and means committee, the chair of
32 the senate finance committee and the chair of the higher education
33 committees in both houses.
34 5. Insofar as the provisions of this section are inconsistent with the
35 provisions of any law, general, special or local, the provisions of this
36 section shall be controlling, except that nothing in this section shall
37 preclude the state university of New York from entering into contracts
38 or agreements otherwise permitted by law without board approval.
39 § 3. Subdivision 2 of section 355 of the education law is amended by
40 adding two new paragraphs y and z to read as follows:
41 y. To lease or make available to any other public or private for-pro-
42 fit or non-profit entity, including, but not limited to, a local devel-
43 opment corporation organized under section fourteen hundred eleven of
44 the not-for-profit corporation law or an industrial development agency
45 organized under article eighteen-A of the general municipal law, a
46 portion of the grounds or real property occupied by a state operated
47 institution at Albany, Buffalo, Stony Brook, Binghamton, or at any state
48 university health care facility for the construction, acquisition,
49 reconstruction, rehabilitation or improvement of academic buildings,
50 dormitories or other facilities thereon and for the purpose of facili-
51 tating such construction, acquisition, reconstruction, rehabilitation or
52 improvement, to enter into leases and agreements for the use of any such
53 academic building, dormitory or other facility; provided, however, that
54 nothing herein contained shall affect the provisions of any lease or
55 agreement heretofore executed by the state university with the dormitory
56 authority. The state university trustees may also enter into agreements
S. 6 15 A. 6
1 as they pertain to the state university of New York at Albany, the state
2 university of New York at Buffalo, the state university of New York at
3 Stony Brook and the state university of New York at Binghamton, or any
4 state university health care facility with any other public or private
5 for-profit or non-profit entity, including, but not limited to a local
6 development corporation organized under section fourteen hundred eleven
7 of the not-for-profit corporation law or an industrial development agen-
8 cy organized under article eighteen-A of the general municipal law, to
9 furnish heat from a central heating plant to any academic building,
10 dormitory or other facility erected by them or with moneys supplied by
11 them.
12 z. In connection with public-private partnerships at the state
13 university of New York at Albany, the state university of New York at
14 Buffalo, the state university of New York at Stony Brook and the state
15 university of New York at Binghamton, and in support of the corporate
16 purposes of the state university, to participate in joint and cooper-
17 ative arrangements with public, not-for-profit and business entities as
18 partners, joint venturers, members of not-for-profit corporations,
19 members of limited liability companies and shareholders of business
20 corporations. The state university's participation shall be subject to
21 guidelines of the state university with respect to conflicts of interest
22 and to article fourteen of the civil service law and the applicable
23 provisions of agreements between the state and employee organizations
24 pursuant to such article fourteen. Notwithstanding any inconsistent
25 provision in section eight of the court of claims act, the state univer-
26 sity may include in a contract relating to such participation, other
27 than a contract with state employees relating to terms and conditions of
28 their employment, a provision that some or all disputes arising under or
29 related to such contract shall be resolved by binding arbitration in
30 accordance with the rules of a nationally-recognized arbitration associ-
31 ation. Nothing contained in the public officers law or in any other law,
32 rule or regulation shall be construed or applied to prohibit state
33 university officers and employees from engaging in activities for which
34 no compensation is paid as designees of the state university in
35 connection with such joint and cooperative arrangements, including serv-
36 ing as designees of the state university as directors on boards or other
37 governing bodies of corporations or other entities.
38 § 4. Subdivisions 8 and 12 of section 373 of the education law, as
39 added by chapter 251 of the laws of 1962, are amended to read as
40 follows:
41 8. (a) To design, construct, acquire, reconstruct, rehabilitate and
42 improve academic buildings, dormitories and other facilities for the
43 state university [in accordance with sections three hundred seventy-five
44 and three hundred seventy-six of this chapter] using any project deliv-
45 ery method, including but not limited to, design, bid, build,
46 design/build, or construction manager at risk, that will assist the fund
47 in fulfilling its purposes under section three hundred seventy-two of
48 this article, provided that all work performed on a project where all or
49 any portion thereof involves a lease or agreement for such construction,
50 demolition, reconstruction, excavation, rehabilitation, repair, reno-
51 vation, alteration or improvements shall be deemed public work and shall
52 be subject to and performed in accordance with the provisions of article
53 eight of the labor law to the same extent and in the same manner as a
54 contract of the state. Compliance with all the provisions of article
55 eight of the labor law and article fifteen-A of the executive law shall
56 be required of any lessee, sublessee, contractor, or subcontractor on
S. 6 16 A. 6
1 the project. In no event shall more than fifteen percent of the total
2 annual cost of all state university capital projects be awarded for
3 projects that use a project delivery method other than design, bid,
4 build.
5 (b) The provisions of paragraph (a) of this subdivision notwithstand-
6 ing, the authority of the fund to use a project delivery method other
7 than design, bid, build shall expire with respect to any project initi-
8 ated subsequent to June thirtieth, two thousand eighteen. No later than
9 December thirty-first, two thousand seventeen the fund shall submit to
10 the governor, the temporary president of the senate and the speaker of
11 the assembly a report describing the efficacy of the fund's use of
12 project delivery methods other than design, bid, build. Comments, if
13 any, of the New York state building and construction trades council
14 shall be included in such report.
15 (c) With respect to any project by the fund for which a project deliv-
16 ery method other than design, bid, build is proposed, the project shall
17 be undertaken pursuant to a project labor agreement, as defined in
18 subdivision one of section two hundred twenty-two of the labor law.
19 Unless the fund determines, upon the basis of a study done by or for the
20 contracting entity by a qualified entity acceptable to the fund, that
21 the fund's interest in obtaining the best work at the lowest possible
22 price, preventing favoritism, fraud and corruption, and other consider-
23 ations such as the impact of delay, the possibility of cost savings
24 advantages, and any local history of labor unrest, are best met by
25 requiring a project labor agreement, the fund shall not undertake the
26 project using a project delivery method other than design, bid, build;
27 12. To [make] procure and execute contracts, lease agreements, and all
28 other instruments necessary or convenient for the exercise of its corpo-
29 rate powers and the fulfillment of its corporate purposes under this
30 article. Notwithstanding section one hundred twelve of the state finance
31 law or any other law to the contrary, all such fund procurements shall
32 be subject only to procurement guidelines that are annually adopted by
33 the fund trustees, which shall conform to the provisions of title four
34 of article nine of the public authorities law except section twenty-
35 eight hundred seventy-nine-a of such law;
36 § 5. Subdivisions 2 and 8 of section 376 of the education law, as
37 added by chapter 251 of the laws of 1962, the opening paragraph and
38 paragraph a of subdivision 8 as amended by chapter 877 of the laws of
39 1990 and paragraph f of subdivision 8 as added by chapter 769 of the
40 laws of 1978, are amended to read as follows:
41 2. The fund may construct, acquire, reconstruct, rehabilitate and
42 improve such facilities, other than dormitories, by its own employees,
43 by agreement with a state retirement system or any state agency author-
44 ized to perform such work, or by contract awarded pursuant to subdivi-
45 sion eight of this section. If the fund and the state university enter
46 into an agreement whereby the state university is authorized by the fund
47 to construct, acquire, reconstruct, rehabilitate and improve such facil-
48 ities, such agreement may allow the state university to use the same
49 project delivery methods contained in subdivision eight of section three
50 hundred seventy-three of this chapter.
51 8. All contracts which are to be awarded pursuant to this subdivision
52 shall be awarded by public letting in accordance with the following
53 provisions, notwithstanding any contrary provision of section one
54 hundred twelve, one hundred thirty-five, one hundred thirty-six, one
55 hundred thirty-nine or one hundred forty of the state finance law or any
56 other law, provided, however, that where the estimated expense of any
S. 6 17 A. 6
1 contract which may be awarded pursuant to this subdivision is less than
2 two hundred fifty thousand dollars, a performance bond and a bond for
3 the payment of labor and material may, in the discretion of the fund,
4 not be required, and except that in the discretion of the fund, a
5 contract may be entered into for such purposes without public letting
6 where the estimated expense thereof is less than twenty thousand
7 dollars, or where in the judgment of the fund an emergency condition
8 exists as a result of damage to an existing academic building, dormitory
9 or other facility which has been caused by an act of God, fire or other
10 casualty, or any other unanticipated, sudden and unexpected occurrence,
11 that has resulted in damage to or a malfunction in an existing academic
12 building, dormitory or other facility and involves a pressing necessity
13 for immediate repair, reconstruction or maintenance in order to permit
14 the safe continuation of the use or function of such facility, or to
15 protect the facility or the life, health or safety of any person, and
16 the nature of the work is such that in the judgment of the fund it would
17 be impractical and against the public interest to have public letting;
18 provided, however, that the fund, prior to awarding a contract hereunder
19 because of an emergency condition notify the comptroller of its intent
20 to award such a contract:
21 a. [If contracts are to be publicly let, the] The letting agency shall
22 advertise the invitation to bid or the request for proposals in [a news-
23 paper published in the city of Albany and in] such [other newspapers]
24 newspaper as will be most likely in its opinion to give adequate notice
25 to contractors of the work required [and of the invitation to bid]
26 provided, however, that where the estimated expense of any contract
27 which may be awarded pursuant to this subdivision is less than two
28 hundred fifty thousand dollars, the letting agency may advertise the
29 invitation to bid solely through the procurement opportunities newslet-
30 ter published pursuant to section one hundred forty-two of the economic
31 development law. The invitation to bid or request for proposals shall
32 contain such information as the letting agency shall deem appropriate
33 [and a statement of the time and place where all bids received pursuant
34 to such notice will be publicly opened and read].
35 b. The letting agency shall not award any contract after public
36 bidding except to the lowest bidder who in its opinion is qualified to
37 perform the work required and is responsible and reliable. The letting
38 agency may, however, reject any or all bids, again advertise for bids,
39 or waive any informality in a bid if it believes that the public inter-
40 est will be promoted thereby.
41 c. The invitation to bid, request for proposals and the contract
42 awarded shall contain such other terms and conditions, and such
43 provisions for penalties, as the letting agency may deem desirable.
44 d. [The form of any] Any contract awarded pursuant to this subdivision
45 shall [be approved by the attorney general and by the comptroller and
46 shall] contain a clause that the contract shall be deemed executory to
47 the extent of the moneys available and that no liability shall be
48 incurred by the fund beyond the moneys available therefor.
49 e. The letting agency shall require such deposits, bonds and security
50 in connection with the submission of bids or request for proposals, the
51 award of contracts and the performance of work as it shall determine to
52 be in the public interest and for the protection of the state, the state
53 university, the fund and the letting agency.
54 f. Notwithstanding the provisions of any other law to the contrary,
55 all contracts for public work awarded by the state university
S. 6 18 A. 6
1 construction fund pursuant to this subdivision shall be in accordance
2 with section one hundred thirty-nine-f of the state finance law.
3 § 6. Paragraph (b) of subdivision 2 of section 1676 of the public
4 authorities law is amended by adding three new undesignated paragraphs
5 to read as follows:
6 Any entity which is organized by officers, employees, alumni or
7 students of the state university of New York to support the state
8 university and which is qualified as an organization under the United
9 States internal revenue code as exempt from income tax, other than the
10 research foundation of state university of New York and any entity which
11 is organized exclusively by students of the state university, for the
12 financing, refinancing, acquisition, design, construction, recon-
13 struction, rehabilitation, improvement, furnishing and equipping of any
14 housing unit for the use of students, faculty, staff and their families
15 or any academic building, administration building, library, laboratory,
16 classroom, health facility or other facility, building or structure
17 essential, necessary or useful in furthering the academic, cultural,
18 health or research programs of the state university of New York, includ-
19 ing all necessary and usual attendant and related facilities and equip-
20 ment.
21 Any entity which is organized by officers, employees, alumni or
22 students of a locally sponsored community college, including a locally
23 sponsored community college established and operated by a community
24 college region as set forth in section sixty-three hundred one of the
25 education law, to support the locally sponsored community college and
26 which is qualified as an organization under the United States internal
27 revenue code as exempt from income tax, other than any entity which is
28 organized exclusively by students of the locally sponsored community
29 college, for the financing, refinancing, acquisition, design,
30 construction, reconstruction, rehabilitation, improvement, furnishing
31 and equipping of any housing unit for the use of students, faculty,
32 staff and their families or any academic building, administration build-
33 ing, library, laboratory, classroom, health facility or other facility,
34 building or structure essential, necessary or useful in furthering the
35 academic, cultural, health or research programs of the locally sponsored
36 community college, including all necessary and usual attendant and
37 related facilities and equipment.
38 A locally sponsored community college, for the acquisition, design,
39 construction, reconstruction, rehabilitation and improvement of a hous-
40 ing unit, including all necessary and attendant and related facilities
41 and equipment, for the use of students, married students, faculty, staff
42 and the families thereof at such locally sponsored community college.
43 § 7. Subdivision 1 of section 1680 of the public authorities law is
44 amended by adding three new undesignated paragraphs to read as follows:
45 Any entity which is organized by officers, employees, alumni or
46 students of the state university of New York to support the state
47 university and which is qualified as an organization under the United
48 States internal revenue code as exempt from income tax, other than the
49 research foundation of state university of New York and any entity which
50 is organized exclusively by students of the state university, for the
51 financing, refinancing, acquisition, design, construction, recon-
52 struction, rehabilitation, improvement, furnishing and equipping of any
53 housing unit for the use of students, faculty, staff and their families
54 or any academic building, administration building, library, laboratory,
55 classroom, health facility or any other building, facility or structure
56 essential, necessary or useful in furthering the academic, cultural,
S. 6 19 A. 6
1 health or research programs for the state university of New York,
2 including all necessary and usual attendant and related facilities and
3 equipment; provided however that any project proposed to be undertaken
4 pursuant to this paragraph shall first be approved by the state univer-
5 sity of New York; provided further and notwithstanding any provision of
6 law to the contrary, that any such not-for-profit entity, the state
7 university of New York and the state university construction fund are
8 hereby authorized to take such actions and to enter into such agreements
9 with the dormitory authority as are necessary to: (i) undertake the
10 financing, refinancing, acquisition, design, construction, recon-
11 struction, rehabilitation, improvement, furnishing and equipping of any
12 project as provided in this paragraph, including, but not limited to,
13 providing for the conveyance of state-owned property under the jurisdic-
14 tion of the state university to the not-for-profit entity; or (ii) grant
15 the authority a lien on any revenues or property or any moneys to be
16 received by the not-for-profit entity to the extent that such revenues,
17 property or moneys are pledged by the entity to the dormitory authority
18 to secure the payment of all amounts owed to the authority on account of
19 any project undertaken pursuant to this paragraph; provided further,
20 that all work performed on a project where all or any portion thereof
21 involves a lease or agreement for construction, demolition, recon-
22 struction, excavation, rehabilitation, repair, renovation, alteration or
23 improvement shall be deemed public work and shall be subject to and
24 performed in accordance with the provisions of article eight of the
25 labor law to the same extent and in the same manner as a contract of the
26 state and the contractors performing such work shall also be deemed a
27 state agency for the purpose of article fifteen-A of the executive law
28 and subject to the provisions of such article, and shall be subject to a
29 competitive process. Compliance with all the provisions of article
30 eight of the labor law shall be required of any lessee, sublessee,
31 contractor, or subcontractor on the project. All state and local offi-
32 cers are hereby authorized to pay all funds so assigned and pledged to
33 the dormitory authority or, upon the direction of the dormitory authori-
34 ty, to any trustee of any dormitory authority bond or note issue.
35 Neither the state of New York, the state university of New York nor the
36 state university construction fund shall take any action in such manner
37 as to impair or diminish the rights and remedies of the authority pursu-
38 ant to any such pledge and assignment and any lien or other security
39 interest created pursuant to this paragraph.
40 Any entity which is organized by officers, employees, alumni or
41 students of a locally sponsored community college, including a locally
42 sponsored community college established and operated by a community
43 college region as set forth in section sixty-three hundred one of the
44 education law, to support the locally sponsored community college and
45 which is qualified as an organization under the United States internal
46 revenue code as exempt from income tax, other than any entity which is
47 organized exclusively by students of the locally sponsored community
48 college, for the financing, refinancing, acquisition, design,
49 construction, reconstruction, rehabilitation, improvement, furnishing
50 and equipping of any housing unit for the use of students, faculty,
51 staff and their families or any academic building, administration build-
52 ing, library, laboratory, classroom, health facility or any other build-
53 ing, facility or structure essential, necessary or useful in furthering
54 the academic, cultural, health or research programs for the locally
55 sponsored community college, including all necessary and usual attendant
56 and related facilities and equipment; provided however that any project
S. 6 20 A. 6
1 proposed to be undertaken pursuant to this paragraph shall first be
2 approved by the board of trustees of the locally sponsored community
3 college; provided further and notwithstanding any provision of law to
4 the contrary, that any such not-for-profit entity, the locally sponsored
5 community college and the local sponsor are hereby authorized to take
6 such actions and to enter into such agreements with the dormitory
7 authority as are necessary to: (i) undertake the financing, refinancing,
8 acquisition, design, construction, reconstruction, rehabilitation,
9 improvement, furnishing and equipping of any project as provided in this
10 paragraph, including, but not limited to, providing for the conveyance
11 of property held in trust by the local sponsor for the uses and purposes
12 of the locally sponsored community college to the not-for-profit entity;
13 or (ii) grant the authority a lien on any revenues or property or any
14 moneys to be received by the not-for-profit entity to the extent that
15 such revenues, property or moneys are pledged by the entity to the
16 dormitory authority to secure the payment of all amounts owed to the
17 authority on account of any project undertaken pursuant to this para-
18 graph; provided further, all work performed on a project where all or
19 any portion thereof involves a lease or agreement for construction,
20 demolition, reconstruction, excavation, rehabilitation, repair, reno-
21 vation, alteration or improvement shall be deemed public work and shall
22 be subject to and performed in accordance with the provisions of article
23 eight of the labor law to the same extent and in the same manner as a
24 contract of the state and the contractors performing such work shall
25 also be deemed a state agency for the purpose of article fifteen-A of
26 the executive law and subject to the provisions of such article, and
27 shall be subject to a competitive process. Compliance with all the
28 provisions of article eight of the labor law shall be required of any
29 lessee, sublessee, contractor, or subcontractor on the project. All
30 state and local officers are hereby authorized to pay all such funds so
31 assigned and pledged to the dormitory authority or, upon the direction
32 of the dormitory authority, to any trustee of any dormitory authority
33 bond or note issue. Neither the state of New York, the local sponsor
34 nor the locally sponsored community college shall take any action in
35 such manner as to impair or diminish the rights and remedies of the
36 authority pursuant to any such pledge and assignment and any lien or
37 other security interest created pursuant to this paragraph.
38 A locally sponsored community college, for the acquisition, design,
39 construction, reconstruction, rehabilitation and improvement of a hous-
40 ing unit, including all necessary and attendant and related facilities
41 and equipment, for the use of students, married students, faculty, staff
42 and the families thereof at such locally sponsored community college.
43 § 8. Section 6304 of the education law is amended by adding a new
44 subdivision 14 to read as follows:
45 14. a. For the purposes of this subdivision, a "community college
46 dormitory" shall mean a housing unit, including all necessary and
47 attendant and related facilities and equipment acquired, designed,
48 constructed, reconstructed, rehabilitated and improved, or otherwise
49 provided through the dormitory authority in accordance with the
50 provisions of the dormitory authority act for the use of students,
51 married students, faculty, staff and the families thereof at a community
52 college.
53 b. Notwithstanding any provision of law to the contrary, a community
54 college is authorized to take such actions and to enter into such agree-
55 ments with the dormitory authority as are necessary to: (i) undertake
56 the financing, refinancing, acquisition, design, construction, recon-
S. 6 21 A. 6
1 struction, rehabilitation, improvement, furnishing and equipping of a
2 community college dormitory, including, but not limited to, providing
3 for the leasing or otherwise making available to the dormitory authority
4 real property held by the local sponsor in trust for the uses and
5 purposes of the community college; or (ii) grant the dormitory authority
6 a lien on any revenues or property or any moneys to be received by the
7 community college derived from the operations of the project being
8 financed to the extent that such revenues, property or moneys are
9 pledged by the community college to the dormitory authority to secure
10 the payment of all amounts owed to the authority on account of any
11 community college dormitory undertaken pursuant to this subdivision;
12 provided, further, that any such agreements may provide that the obli-
13 gation of the community college to make rental or other payments to the
14 dormitory authority shall constitute a general obligation of the commu-
15 nity college payable from all monies legally available to the community
16 college (including amounts provided for operating aid by the local spon-
17 sor or sponsors to the community college pursuant to subdivision one of
18 this section or amounts provided for operating aid by the state to the
19 community college); and provided further, that all work performed on a
20 community college dormitory undertaken pursuant to this subdivision
21 where all or any portion thereof involves a lease or agreement for
22 construction, demolition, reconstruction, excavation, rehabilitation,
23 repair, renovation, alteration or improvement shall be deemed public
24 work and shall be subject to and performed in accordance with the
25 provisions of article eight of the labor law to the same extent and in
26 the same manner as a contract of the state and the contractors perform-
27 ing such work shall also be deemed a state agency for the purpose of
28 article fifteen-A of the executive law and subject to the provisions of
29 such article, and shall be subject to a competitive process. Compliance
30 with all the provisions of article eight of the labor law shall be
31 required of any lessee, sublessee, contractor, or subcontractor on the
32 project. All state and local officers are hereby authorized and
33 required to pay all such funds so assigned and pledged to the dormitory
34 authority or, upon the direction of the dormitory authority, to any
35 trustee of any dormitory authority bond or note issue. Neither the state
36 of New York, the state university of New York nor a local sponsor shall
37 take any action in such manner as to impair or diminish the rights and
38 remedies of the dormitory authority pursuant to any such pledge and
39 assignment and any lien or other security interest created pursuant to
40 this subdivision.
41 c. A local sponsor is authorized to lease or otherwise make available
42 to the dormitory authority for the purposes set forth in this subdivi-
43 sion real property held in trust by the local sponsor for the uses and
44 purposes of the community college.
45 d. Notwithstanding any provision of law to the contrary, neither a
46 local sponsor nor the state of New York shall be required to provide a
47 share of the capital costs of a community college dormitory. The
48 provisions of this subdivision shall not apply to any project for which
49 the state appropriates funds pursuant to subdivision eight of this
50 section.
51 § 9. Section 1680 of the public authorities law is amended by adding a
52 new subdivision 41 to read as follows:
53 41. a. For the purposes of this subdivision, a "community college
54 dormitory" shall mean a housing unit, including all necessary and
55 attendant and related facilities and equipment acquired, designed,
56 constructed, reconstructed, rehabilitated and improved, or otherwise
S. 6 22 A. 6
1 provided through the dormitory authority in accordance with the
2 provisions of the dormitory authority act for the use of students,
3 married students, faculty, staff and the families thereof at a locally
4 sponsored community college.
5 b. The dormitory authority is hereby empowered and authorized to enter
6 into a lease or other agreement with a locally sponsored community
7 college to finance, refinance, acquire, design, construct, reconstruct,
8 rehabilitate, improve, furnish and equip one or more community college
9 dormitories. Such lease or other agreement may provide for the payment
10 of annual rentals and other payments by the locally sponsored community
11 college to the dormitory authority and contain such other terms and
12 conditions as may be agreed upon by the parties thereto, including but
13 not limited to provisions relating to the maintenance and operation of
14 the community college dormitories, the establishment of reserve funds,
15 indemnities and the disposition of a community college dormitory or the
16 interest of the authority therein prior to or upon the termination or
17 expiration of such lease or other agreement.
18 c. In the event of a failure of a locally sponsored community college
19 to pay the dormitory authority when due all or part of amounts payable
20 by the locally sponsored community college to the dormitory authority
21 pursuant to a lease or agreement authorized by this subdivision, the
22 dormitory authority shall forthwith make and deliver to the state comp-
23 troller a certificate stating the amount of the payment required to have
24 been made by the locally sponsored community college, the amount paid by
25 the locally sponsored community college, and the amount remaining unpaid
26 by the locally sponsored community college. The state comptroller, after
27 giving written notice to the director of the budget, shall pay to the
28 dormitory authority the amount set forth in such certificate as remain-
29 ing unpaid, which amount shall be paid from any monies appropriated by
30 the state for or on account of the operating costs of the locally spon-
31 sored community college and not yet paid. The amount required to be paid
32 by the state comptroller pursuant to this paragraph shall be paid to the
33 dormitory authority as soon as practicable after receipt of the certif-
34 icate of the dormitory authority and notice to the director of the budg-
35 et is given, whether or not the moneys from which such payment is to be
36 made are then due and payable to the locally sponsored community
37 college. The amount of state appropriations payable to the locally spon-
38 sored community college from which the state comptroller has made a
39 payment pursuant to this paragraph shall be reduced by the amount so
40 paid to the dormitory authority, notwithstanding the amount appropriated
41 and apportioned by the state to the locally sponsored community college,
42 and the state shall not be obligated to make and the locally sponsored
43 community college shall not be entitled to receive any additional appor-
44 tionment or payment of state moneys. Nothing contained in this subdivi-
45 sion shall be construed to create an obligation upon the state to appro-
46 priate moneys for or on account of the operating costs of the locally
47 sponsored community college, to preclude the state from reducing the
48 amount of moneys appropriated or level of support provided for the oper-
49 ating costs of the locally sponsored community college from the amount
50 appropriated or level of support provided in any prior fiscal year, or
51 to preclude the state from altering or modifying the manner in which it
52 provides for the operating costs of the locally sponsored community
53 college.
54 d. The provisions of this subdivision shall be in addition to any
55 authorization contained in this title governing the provision of facili-
56 ties by the dormitory authority for the local sponsor of a locally spon-
S. 6 23 A. 6
1 sored community college, and all provisions of this title not inconsist-
2 ent with the provisions of this subdivision shall be applicable with
3 respect to any bonds of the authority issued to obtain funds for any
4 purpose authorized under this subdivision for the benefit of a locally
5 sponsored community college and with respect to the powers of the dormi-
6 tory authority.
7 § 10. Subdivision 12 of section 3 of the public buildings law, as
8 amended by section 48 of part T of chapter 57 of the laws of 2007, is
9 amended to read as follows:
10 12. Lease from time to time buildings, rooms or premises in the county
11 of Albany, and elsewhere as required, for providing space for depart-
12 ments, commissions, boards and officers of the state government, upon
13 such terms and conditions as he or she deems most advantageous to the
14 state. Any such lease shall, however, be for a term not exceeding ten
15 years, but may provide for optional renewals on the part of the state,
16 for terms of ten years or less. Each such lease shall contain a clause
17 stating that the contract of the state thereunder shall be deemed execu-
18 tory only to the extent of moneys available therefor and that no liabil-
19 ity shall be incurred by the state beyond the money available for such
20 purpose. Notwithstanding the provisions of any other law, except section
21 sixteen hundred seventy-six of the public authorities law relating to
22 use of dormitory authority facilities by the aged, the commissioner of
23 general services shall have sole and exclusive authority to lease space
24 for state departments, agencies, commissions, boards and officers, other
25 than the state university of New York, within the county of Albany. Any
26 buildings, rooms or premises, now or hereafter held by the commissioner
27 of general services under lease, may be sublet, in part or in whole,
28 provided that in the judgment of the commissioner, and the occupying
29 department, commission, board, and officers of the state government,
30 such buildings, rooms or premises are not for a time needed.
31 § 11. This act shall take effect immediately; provided, however, that
32 sections one through nine of this act shall expire and be deemed
33 repealed June 30, 2015, provided that the amendments to subdivision 12
34 of section 3 of the public buildings law made by section ten of this act
35 shall take effect on the same date as the reversion of such subdivision
36 as provided in subdivision 4 of section 27 of chapter 95 of the laws of
37 2000, as amended.
38 PART C
39 Section 1. Subdivisions 5 and 6 of section 355 of the education law,
40 subdivision 5 as added by chapter 552 of the laws of 1985, paragraph a
41 of subdivision 5 as amended by chapter 682 of the laws of 2007, para-
42 graph c of subdivision 5 as added by chapter 103 of the laws of 1989,
43 paragraph d of subdivision 5 as added by chapter 537 of the laws of 1997
44 and subdivision 6 as amended by chapter 554 of the laws of 1985, are
45 amended to read as follows:
46 5. Notwithstanding the provisions of [paragraph] subdivisions two and
47 three of section one hundred twelve and sections one hundred fifteen,
48 one hundred sixty-one, and one hundred sixty-three [and one hundred
49 seventy-four] of the state finance law and sections three and six of the
50 New York state printing and public documents law or any other law to the
51 contrary, the state university trustees are authorized and empowered to:
52 a. (i) purchase materials, equipment and supplies, including computer
53 equipment and motor vehicles[, where the amount for a single purchase
54 does not exceed twenty thousand dollars], (ii) execute contracts for
S. 6 24 A. 6
1 [services and] construction, construction-related contracts [to an
2 amount not exceeding twenty thousand dollars] and contracts for computer
3 technology and leases, licenses, permits and contracts for the purchase
4 or sale of real property, and (iii) contract for printing [to an amount
5 not exceeding five thousand dollars], without prior approval by any
6 other state officer or agency, but subject to rules and regulations of
7 the state comptroller not otherwise inconsistent with the provisions of
8 this section and in accordance with [the rules and regulations] guide-
9 lines promulgated by the state university board of trustees after
10 consultation with the state comptroller. [In addition, the trustees,
11 after consultation with the commissioner of general services, are
12 authorized to annually negotiate with the state comptroller increases in
13 the aforementioned dollar limits and the exemption of any articles,
14 categories of articles or commodities from these limits. Rules and
15 regulations] Contracts for services, other than contracts for
16 construction and construction-related services, shall be subject to the
17 approval of the state comptroller in accordance with the provisions and
18 dollar threshold of subdivision two of section one hundred twelve of the
19 state finance law; provided, that the trustees are authorized to negoti-
20 ate annually with the state comptroller increases in the dollar thresh-
21 old for contracts for services. The guidelines promulgated by the state
22 university board of trustees shall, to the extent practicable, require
23 that competitive proposals be solicited for purchases, and shall include
24 requirements that purchases and contracts authorized under this section
25 be at the lowest available price, including consideration of prices
26 available through other state agencies, consistent with quality require-
27 ments, and as will best promote the public interest. Such purchases may
28 be made directly from any contractor pursuant to any contract for
29 commodities let by the office of general services or any other state
30 agency;
31 b. to establish cash advance accounts for the purpose of purchasing
32 materials, supplies, or services, for cash advances for travel expenses
33 and per diem allowances, or for advance payment of wages and salary. The
34 account may be used to purchase such materials, supplies, or services
35 where the amount of a single purchase does not exceed [two hundred
36 fifty] one thousand dollars, in accordance with such guidelines as shall
37 be prescribed by the state university trustees after consultation with
38 the state comptroller.
39 c. establish guidelines in consultation with the commissioner of
40 general services authorizing participation by the state university in
41 programs administered by the office of general services for the purchase
42 of available New York state food products. The commissioner of general
43 services shall provide assistance to the state university necessary to
44 enable the university to participate in these programs.
45 [d. (1) Award contract extensions for campus transportation without
46 competitive bidding where such contracts were secured either through
47 competitive bidding or through evaluation of proposals in response to a
48 request for proposals pursuant to subparagraph (2) of this paragraph,
49 however such extensions may be rejected if the amount to be paid to the
50 contractor in any year of such proposed extension fails to reflect any
51 decrease in the regional consumer price index for the New York, New
52 York-Northeastern, New Jersey area, based upon the index for all urban
53 consumers (CPI-U) during the preceding twelve-month period. At the time
54 of any contract extension, consideration shall be given to any compet-
55 itive proposal offered by a public transportation agency. Such contract
56 may be increased for each year of the contract extension by an amount
S. 6 25 A. 6
1 not to exceed the regional consumer price index increase for the New
2 York, New York-Northeastern, New Jersey area, based upon the index for
3 all urban consumers (CPI-U), during the preceding twelve-month period,
4 provided it has been satisfactorily established by the contractor that
5 there has been at least an equivalent increase in the amount of his cost
6 of operation, during the period of the contract.]
7 6. To enter into any contract or agreement deemed necessary or advis-
8 able after consultation with appropriate state agencies for carrying out
9 the objects and purposes of state university without prior review or
10 approval by any state officer or agency [other than the state comp-
11 troller and the attorney general] including contracts with non-profit
12 corporations organized by officers, employees, alumni or students of
13 state university for the furtherance of its objects and purposes.
14 Contracts or agreements entered into with the federal government to
15 enable participation in federal student loan programs, including any and
16 all instruments required thereunder, shall not be subject to the
17 requirements of section forty-one of the state finance law; provided,
18 however, that the state shall not be liable for any portion of any
19 defaults which it has agreed to assume pursuant to any such agreement in
20 an amount in excess of money appropriated or otherwise lawfully avail-
21 able therefor at the time the liability for payment arises.
22 § 2. Section 355 of the education law is amended by adding two new
23 subdivisions 5-a and 5-b to read as follows:
24 5-a. a. The chancellor of the state university and the commissioner of
25 the office of general services shall develop a protocol to determine
26 whether it is more economical and efficient to purchase goods for the
27 state university system through the centralized contracts of the office
28 of general services than through a competitive bidding process.
29 b. The protocol shall include a process in which the chancellor shall
30 obtain information annually from each state-operated institution and
31 university health sciences center under the jurisdiction of the state
32 university, in such detail as required by the chancellor, relating to
33 the type and total amount of goods, including technology purchases for
34 new software, systems, enhancements and equipment, that each state-oper-
35 ated institution or university health sciences center proposes to
36 purchase in the upcoming fiscal year.
37 c. Upon receipt of the information obtained pursuant to paragraph b of
38 this subdivision, the chancellor, pursuant to the protocol and if justi-
39 fied by price and value, may require the state-operated institution or
40 university health sciences center to make its purchases through the use
41 of the centralized contracts of the office of general services.
42 5-b. a. The state university shall provide by October fifteen of each
43 year to the director of the division of budget, the state comptroller,
44 the speaker of the assembly, the temporary president of the senate and
45 the chairs of the assembly and senate higher education committees a
46 report which sets forth with respect to its contracting process the
47 following information for the prior fiscal year:
48 (1) the state university's procurement guidelines;
49 (2) selection method, including "lowest price", "best value", sole
50 source, single source, negotiated and emergency procurement subtotaled
51 by state-operated institutions and university health sciences centers
52 and by type of goods or commodity;
53 (3) number of contracts awarded by number of bids and/or proposals and
54 source selection method;
55 (4) a listing of contracts by individual state-operated institution
56 and university health sciences center, including vendor name, approval
S. 6 26 A. 6
1 dates, dollar value of such contracts, including the total amount of
2 goods purchased through the centralized contracts of office of general
3 services;
4 (5) a listing of the total number and amount of contracts awarded for
5 the prior fiscal year and total year-to-date expenditures for all
6 contracts, with subtotals by central administration, and by individual
7 state-operated institution and university health sciences center; and
8 major contract category including, but not limited to, goods, equipment
9 and commodities;
10 (6) the total number and total dollar value of single source contracts
11 awarded during the fiscal year, and the percentage that such contracts
12 represent of the state university's total number and total dollar value
13 of contract awards during the reporting period; and
14 (7) the number of contracts disapproved during the fiscal year and
15 reasons for disapproval.
16 b. The report shall also set forth any recommendations to improve the
17 efficiency of the state university's procurement process.
18 § 3. Subdivision a of section 6218 of the education law, as amended by
19 chapter 697 of the laws of 1993, is amended to read as follows:
20 a. Notwithstanding the provisions of [paragraph] subdivisions two and
21 three of section one hundred twelve and [sections] sections one hundred
22 fifteen, one hundred sixty-one[,] and one hundred sixty-three [and one
23 hundred seventy-four] of the state finance law and sections three and
24 six of the New York state printing and public documents law or any other
25 law to the contrary, the city university [trustees are] is authorized
26 and empowered to:
27 (i) purchase materials, equipment and supplies, including computer
28 equipment and motor vehicles, [where the amount for a single purchase
29 does not exceed twenty thousand dollars,] (ii) execute contracts for
30 [services to an amount not exceeding twenty thousand dollars]
31 construction, construction-related contracts, contracts for computer
32 technology and leases, licenses, permits and contracts for the purchase
33 or sale of real property, and (iii) contract for printing [to an amount
34 not exceeding five thousand dollars], without prior approval by any
35 other state officer or agency, but subject to rules and regulations of
36 the state comptroller not otherwise inconsistent with the provisions of
37 this section and in accordance with the [rules and regulations] guide-
38 lines promulgated by the city university board of trustees after consul-
39 tation with the state comptroller. [In addition, the trustees are
40 authorized to annually negotiate with the state comptroller increases in
41 the aforementioned dollar limits and the exemption of any articles,
42 categories of articles or commodities from these limits. Rules and regu-
43 lations] The guidelines promulgated by the city university board of
44 trustees shall, to the extent practicable, require that competitive
45 proposals be solicited for purchases, and shall include requirements
46 that purchases and contracts authorized under this section be at the
47 lowest possible price. Contracts for services, other than contracts for
48 construction and construction-related services, shall be subject to the
49 approval of the state comptroller in accordance with the provisions and
50 dollar threshold of subdivision two of section one hundred twelve of the
51 state finance law; provided, that the trustees are authorized to negoti-
52 ate annually with the state comptroller increases in the dollar thresh-
53 old for contracts for services.
54 § 4. Section 6218 of the education law is amended by adding a new
55 subdivision i to read as follows:
S. 6 27 A. 6
1 i. (i) The city university shall provide by October fifteenth of each
2 year to the director of the division of the budget, the state comp-
3 troller, the speaker of the assembly, the temporary president of the
4 senate and the chairs of the assembly and senate higher education
5 committees a report which sets forth with respect to its contracting
6 process the following information for the prior fiscal year:
7 1. the city university's procurement guidelines;
8 2. selection method, including "lowest price", "best value", sole
9 source, single source, negotiated and emergency procurement subtotaled
10 by individual senior colleges and by type of goods or commodity;
11 3. number of contracts awarded by number of bids and/or proposals and
12 source selection method;
13 4. a listing of the contracts by individual senior colleges, including
14 vendor name, approval dates, dollar value of such contracts;
15 5. a listing of the total number and amount of contracts awarded for
16 the prior fiscal year and total year-to-date expenditures for all
17 contracts, with subtotals by central administration, and by individual
18 senior colleges; and major contract category including, but not limited
19 to, goods, equipment and commodities;
20 6. the total number and total dollar value of single source contracts
21 awarded during the fiscal year, and the percentage that such contracts
22 represent of the city university's total number and total dollar value
23 of contract awards during the reporting period; and
24 7. the number of contracts disapproved during the fiscal year and
25 reasons for disapproval.
26 (ii) The report shall set forth any recommendations to improve the
27 efficiency of the city university's procurement process.
28 § 5. The education law is amended by adding a new section 6283 to read
29 as follows:
30 § 6283. Procurements of the fund. Notwithstanding any other
31 provision of law, the contracts of the fund may be executed and shall be
32 valid, enforceable and effective without prior review or approval by, or
33 filing with, the state comptroller, provided, however, that such
34 contracts shall be subject to procurement guidelines that are annually
35 adopted by the fund trustees, which shall conform to the provisions of
36 title four of article nine of the public authorities law, except section
37 twenty-eight hundred seventy-nine-a of such law.
38 § 6. Subdivisions 2 and 3 of section 112 of the state finance law, as
39 amended by chapter 319 of the laws of 1992, paragraph (a) of subdivision
40 2 as amended by section 2 of part D of chapter 56 of the laws of 2006,
41 are amended to read as follows:
42 2. (a) Before any contract made for or by any state agency, depart-
43 ment, board, officer, commission, or institution, except the office of
44 general services, the city university of New York and the state univer-
45 sity of New York, shall be executed or become effective, whenever such
46 contract exceeds fifty thousand dollars in amount and before any
47 contract made for or by the office of general services shall be executed
48 or become effective, whenever such contract exceeds eighty-five thousand
49 dollars in amount, it shall first be approved by the comptroller and
50 filed in his or her office, provided, however, that the comptroller
51 shall make a final written determination with respect to approval of
52 such contract within ninety days of the submission of such contract to
53 his or her office unless the comptroller shall notify, in writing, the
54 state agency, department, board, officer, commission, or institution,
55 prior to the expiration of the ninety day period, and for good cause, of
56 the need for an extension of not more than fifteen days, or a reasonable
S. 6 28 A. 6
1 period of time agreed to by such state agency, department, board, offi-
2 cer, commission, or institution and provided, further, that such written
3 determination or extension shall be made part of the procurement record
4 pursuant to paragraph f of subdivision one of section one hundred
5 sixty-three of this chapter. The foregoing notwithstanding, any
6 contract made for or by the city university of New York or the state
7 university of New York for services, other than a construction contract
8 or a contract for construction-related services, shall be subject to the
9 provisions of this paragraph.
10 (b) Whenever any liability of any nature shall be incurred by or for
11 any state department, board, officer, commission, or institution other
12 than the city university of New York and the state university of New
13 York, notice that such liability has been incurred shall be immediately
14 given in writing to the state comptroller.
15 3. A contract or other instrument wherein the state or any of its
16 officers, agencies, boards or commissions other than the city university
17 of New York and the state university of New York agrees to give a
18 consideration other than the payment of money, when the value or reason-
19 ably estimated value of such consideration exceeds ten thousand dollars,
20 shall not become a valid enforceable contract unless such contract or
21 other instrument shall first be approved by the comptroller and filed in
22 his office.
23 § 7. Subparagraph (iv) of paragraph a of subdivision 3 of section 163
24 of the state finance law, as amended by chapter 430 of the laws of 1997,
25 is amended to read as follows:
26 (iv) The commissioner is authorized to permit any officer, body or
27 agency of the state or of a political subdivision or a district therein,
28 or fire company or volunteer ambulance service as such are defined in
29 section one hundred of the general municipal law, to make purchases of
30 commodities through the office of general services' centralized
31 contracts, pursuant to the provisions of section one hundred four of the
32 general municipal law. The commissioner is authorized to permit any
33 county extension service association as authorized under subdivision
34 eight of section two hundred twenty-four of the county law, or any asso-
35 ciation or other entity as specified in and in accordance with section
36 one hundred nine-a of the general municipal law, or any non-profit
37 corporation organized in furtherance of the objects and purposes of the
38 city university of New York or the state university of New York, or any
39 other association or entity as specified in state law, to make purchases
40 of commodities through the office of general services' centralized
41 contracts; provided, however, that such entity so empowered shall accept
42 sole responsibility for any payment due with respect to such purchase;
43 and provided further, however, that commodities so purchased by a non-
44 profit corporation organized in furtherance of the objects and purposes
45 of the city university of New York or the state university of New York
46 shall not be used directly or indirectly by a for-profit corporation or
47 other entity which contracts with the non-profit corporation, nor shall
48 such commodities so purchased by such non-profit corporation be offered
49 for resale.
50 § 8. Paragraph e of subdivision 4 of section 163 of the state finance
51 law, as amended by chapter 95 of the laws of 2000, is amended to read as
52 follows:
53 e. Any officer, body or agency of a political subdivision as defined
54 in section one hundred of the general municipal law or a district there-
55 in, may make purchases of services through the office of general
56 services' centralized contracts for services, subject to the provisions
S. 6 29 A. 6
1 of section one hundred four of the general municipal law. The commis-
2 sioner may permit and prescribe the conditions for the purchase of
3 services through the office of general services' centralized contracts
4 for services by any public authority or public benefit corporation of
5 the state including the port authority of New York and New Jersey, or
6 any non-profit corporation organized in furtherance of the objects and
7 purposes of the city university of New York or the state university of
8 New York; provided, however, that services so purchased by a non-profit
9 corporation organized in furtherance of the objects and purposes of the
10 city university of New York or the state university of New York shall
11 not be used directly or indirectly by a for-profit corporation or other
12 entity which contracts with the non-profit organization. The commis-
13 sioner is authorized to permit any public library, association library,
14 library system, cooperative library system, the New York Library Associ-
15 ation, and the New York State Association of Library Boards or any other
16 library except those which are operated by for profit entities, to make
17 purchases of services through the office of general services' central-
18 ized contracts; provided, however, that such entity so empowered shall
19 accept sole responsibility for any payment due with respect to such
20 purchase.
21 § 9. Paragraph i of subdivision 2 of section 355 of the education law,
22 as amended by chapter 552 of the laws of 1985, is amended to read as
23 follows:
24 i. To lease to alumni associations of institutions of the state
25 university a portion of the grounds occupied by any institution of the
26 state university, for the erection thereon of dormitories to be used by
27 students in attendance at such institutions. The terms of any lease and
28 the character of the building to be erected shall be determined by the
29 state university trustees. [Such lease, prior to its execution, shall be
30 submitted to the attorney general for his approval as to its form,
31 contents and legal effect.] Nothing contained in this paragraph shall
32 affect the provisions of any lease heretofore executed by a board of
33 visitors of any state-operated institution pursuant to law. The state
34 university trustees may similarly enter into an agreement with an alumni
35 association of an institution of the state university to furnish heat
36 from a central heating plant to any dormitory erected by such alumni
37 association. Any such dormitory shall not be subject to taxation for any
38 purpose.
39 § 10. Subdivision (b) of section 6281 of the education law, as amended
40 by chapter 1081 of the laws of 1969, is amended to read as follows:
41 (b) Notwithstanding any other provision of this article or any other
42 law, any contract let by the dormitory authority and/or the city univer-
43 sity construction fund for the purposes of this article shall be in
44 conformity with the provisions of section one hundred one of the general
45 municipal law, and may be awarded using any delivery method authorized
46 by the procurement guidelines adopted by the city university
47 construction fund or the dormitory authority pursuant to section twen-
48 ty-eight hundred seventy-nine of the public authorities law.
49 § 11. This act shall take effect immediately; provided that sections
50 one, two, three, four, five, six, nine, and ten of this act shall expire
51 and be deemed repealed June 30, 2015; provided, however, that the amend-
52 ments to section 163 of the state finance law made by sections seven and
53 eight of this act shall not affect the repeal of such section and shall
54 be deemed repealed therewith.
55 PART D
S. 6 30 A. 6
1 Section 1. Subdivision 1 of section 17 of the public officers law is
2 amended by adding a new paragraph (x) to read as follows:
3 (x) For the purposes of this section, the term "employee" shall
4 include any student while enrolled and participating in a credit bearing
5 course offered by the city university of New York or by a state operated
6 institution in the state university of New York for which there is a
7 course requirement to complete a supervised clinical or experienced-
8 based affiliation at an affiliate's site, including but not limited to
9 internships and services provided to other entities by student volun-
10 teers at university-sponsored clinics.
11 § 2. Subdivisions 2, 3, 4, 5 and 6 of section 237 of the education
12 law, subdivisions 2, 3 and 4 as amended by chapter 186 of the laws of
13 1977 and subdivisions 5 and 6 as amended by chapter 567 of the laws of
14 1971, are amended to read as follows:
15 2. The regents shall, on or before the twenty-fifth day of April
16 [nineteen hundred seventy-one] two thousand eleven and each [fourth]
17 eighth year thereafter, request the state university trustees, the board
18 of higher education of the city of New York, and all independent higher
19 educational institutions to submit long-range master plans for their
20 development. Such request shall specify the nature of the information,
21 plans and recommendations to be submitted, shall describe statewide
22 needs, problems, societal conditions and interests of the citizens and
23 discuss their priorities, and provide appropriate information which may
24 be useful in the formulation of such plans.
25 3. The regents shall, once every [four] eight years, review the
26 proposed plan and recommendations required to be submitted by the state
27 university trustees pursuant to section three hundred fifty-four of this
28 chapter, the proposed plan and recommendations of the board of higher
29 education in the city of New York required to be submitted pursuant to
30 section sixty-two hundred [two] six of this chapter, and the plans of
31 independent institutions of higher education and, upon approval by the
32 regents of the plans submitted by the state university trustees and the
33 board of higher education, they shall be incorporated into a regents
34 plan or general revision thereof for the development of higher education
35 in the state. Such regents plan shall include the plan and recommenda-
36 tions proposed by the state university trustees and the plan and recom-
37 mendations proposed by the board of higher education in the city of New
38 York and may include plans with respect to other matters not compre-
39 hended within the plan of the state and city universities, including but
40 not limited to improving institutional management and resources,
41 instruction and guidance programs, financial assistance to students and
42 extension of educational opportunities. In determining the need for
43 additional educational facilities in a particular area, the plans and
44 facilities of existing public and independent institutions shall be
45 fully evaluated. Such statewide plan shall include for information
46 purposes a summary of all recommendations appearing in the prior state-
47 wide plan and subsequent amendments thereof containing a brief statement
48 of action taken and progress toward achievement of each such recommenda-
49 tion.
50 4. During the calendar year [nineteen hundred sixty-four] two thousand
51 twelve and each [fourth] eighth year thereafter the regents shall evalu-
52 ate all available information with respect to the plans and facilities
53 of independent institutions and shall review and act upon the proposed
54 plan and recommendations of the state university trustees and upon the
55 proposed plan and recommendations of the board of higher education in
56 the city of New York and incorporate such information, recommendations
S. 6 31 A. 6
1 and each of the component plans so acted upon into a tentative regents
2 plan or general revision thereof for the development of higher education
3 in the state. Copies of such tentative regents plan or general revision
4 thereof, as the case may be, shall be made available to the trustees of
5 the state university, the board of higher education in the city of New
6 York and the governing boards of all other institutions of higher educa-
7 tion admitted to the university of the state of New York. Thereafter,
8 after giving due notice, the regents shall conduct one or more hearings
9 on such tentative regents plan or general revision thereof.
10 5. The regents shall transmit their plan or general revision thereof
11 for the development of higher education in the state to the governor and
12 the legislature on or before the first day of November, [nineteen
13 hundred sixty-four] two thousand twelve and each [fourth] eighth year
14 thereafter. The governor may disapprove or conditionally approve any
15 part of the plan or general revision thereof after notifying the regents
16 of such disagreements at least sixty days prior to such action during
17 which time they may revise their recommendations relating to such items
18 and request the governor to adopt such revised recommendations in lieu
19 of such action. Such plan or general revision thereof or so much thereof
20 as shall be approved and upon such terms and conditions as the governor
21 may impose, shall become effective upon such approval by the governor.
22 6. Any modification recommended by the state university trustees or by
23 the board of higher education in the city of New York to their respec-
24 tive plans, theretofore formulated and approved pursuant to section
25 three hundred fifty-four or section sixty-two hundred [two] six of this
26 chapter shall be reviewed by the regents who may hold one or more hear-
27 ings thereon after giving due notice thereof. As approved by the
28 regents, such modification shall be made a part of the respective plans
29 of the state university and of the city university and shall, together
30 with any modifications the regents may make to that portion of their
31 plan for the development of higher education in the state not compre-
32 hended in the plans of the state and city universities, be transmitted
33 to the governor and the legislature, all of which shall then become
34 effective upon approval by the governor as modifications of the regents
35 plan. By the first day of November in [nineteen hundred seventy-four]
36 two thousand eight and each [fourth] eighth year thereafter the regents
37 shall summarize and report to the governor and the legislature any
38 modifications made pursuant to this subdivision and shall include in
39 such report a statement on the progress made in implementing the regents
40 plan and their general recommendations with respect to higher education.
41 § 3. Subdivisions 1, 2 and 3 of section 354 of the education law, as
42 amended by chapter 552 of the laws of 1985, are amended to read as
43 follows:
44 1. The state university trustees shall, once every [four] eight years,
45 formulate a long-range state university plan or general revision thereof
46 and make recommendations to the board of regents and the governor for
47 the organization, development, coordination and expansion of the state
48 university and for the establishment of community colleges in areas
49 suitable for and in need of such institutions, which plan and recommen-
50 dations shall include the following:
51 a. plans for new curricula;
52 b. plans for new facilities;
53 c. plans for change in policies with respect to student admissions;
54 d. projected student enrollments; and
55 e. comments upon its relationship to other colleges and universities,
56 public, independent and proprietary, within the state.
S. 6 32 A. 6
1 f. For informational purposes only, projection standards and overall
2 expenditure projections of capital and operating costs. Prior to trans-
3 mitting their long-range state university plan or general revision ther-
4 eof to the board of regents and the governor the state university trus-
5 tees may, after giving due notice, conduct one or more hearings on such
6 plan.
7 2. During the calendar year [nineteen hundred sixty-four] two thousand
8 twelve and each [fourth] eighth year thereafter the state university
9 trustees shall transmit their proposed plan or general revision thereof
10 to the board of regents and the governor on or before the first day of
11 June in each such year. Such plan shall be reviewed by the board of
12 regents and shall be subject to approval by such board. As approved by
13 the board of regents and incorporated into the regents plan or general
14 revision thereof for the development of higher education in the state
15 and, upon approval thereafter by the governor, such plan shall guide and
16 determine the development of the state university and its community
17 colleges until such plan is modified or revised in the manner provided
18 herein.
19 3. By the first day of June in [nineteen hundred seventy-four] two
20 thousand eight and every [fourth] eighth year thereafter, the state
21 university trustees shall report in writing to the board of regents, to
22 the governor and to the legislature on the progress made in carrying out
23 their responsibilities under such plan and their general recommendations
24 with respect to public higher education, including recommendations as to
25 modifications of such plan which the trustees deem essential to meet the
26 then current demands upon public higher education. The state university
27 trustees may also at any other time propose modifications which they
28 then deem essential or desirable with respect to such plan. They may,
29 after giving due notice, conduct one or more hearings on such modifica-
30 tions and shall transmit their recommendations therefor to the board of
31 regents and the governor. Such modifications shall be subject to
32 approval by the regents and thereafter by the governor in the same
33 manner as such plan or general revisions thereof.
34 § 4. Subdivision 3 of section 390 of the education law, as amended by
35 chapter 486 of the laws of 1967, is amended to read as follows:
36 3. The term "eligible employees" means those employees in positions
37 requiring the performance of educational functions in teacher education,
38 agriculture, home economics, forestry, ceramics, liberal and applied
39 arts and sciences, engineering, technical skills, crafts, business
40 education, labor and industrial relations, medicine, dentistry, veteri-
41 nary medicine, pharmacy, nursing, law, public affairs, maritime officer
42 training, academic administration, library service, student activities,
43 student personnel service and other professions required to carry on the
44 work of the state university and the colleges, schools, institutes,
45 research centers, facilities and institutions comprising it and of the
46 community colleges; provided, that the term "eligible employees" shall
47 include medical, dental and optometric residents and interns who render
48 services at health sciences centers of the state university and who may
49 opt to participate in the New York state employees' retirement system
50 but not in the optional retirement program or the New York state teach-
51 ers' retirement system. Such positions in the state university, includ-
52 ing those at the state colleges of agriculture, home economics, veteri-
53 nary medicine or industrial and labor relations, the state agricultural
54 experiment station at Geneva, or any other institution or agency under
55 the management and control of Cornell university as representative of
56 the board, and at the state college of ceramics under the management and
S. 6 33 A. 6
1 control of Alfred university as the representative of the board, and
2 such positions in the community colleges shall be those certified to the
3 board by the chancellor of state university as requiring the performance
4 of such functions. No person receiving a benefit by reason of his
5 retirement from any retirement or pension system of New York state or
6 any political subdivision thereof shall be eligible to elect the
7 optional retirement program.
8 § 5. Paragraph (a) of subdivision 1 of section 393 of the education
9 law, as amended by chapter 696 of the laws of 1965, is amended to read
10 as follows:
11 (a) Each eligible employee initially appointed on or after July first,
12 nineteen hundred sixty-four, within thirty days of his entry into
13 service, shall elect (i) to join either the New York state teachers'
14 retirement system or the New York state employees' retirement system or
15 other public retirement system in this state in accordance with the
16 provisions of law applicable thereto or (ii) to elect the optional
17 retirement program established pursuant to this article; provided that a
18 medical, dental or optometric resident or intern who renders services at
19 a health sciences center of the state university may elect to join the
20 New York state employees' retirement system, but may not elect the
21 optional retirement program or the New York state teachers' retirement
22 program; provided, further, however, that (1) such persons initially
23 entering service during the period July first, nineteen hundred sixty-
24 four through November fourth, nineteen hundred sixty-four may defer such
25 election until December fourth, nineteen hundred sixty-four, and (2)
26 eligible employees of an electing employer initially appointed on or
27 after the effective date of the election to offer such program may defer
28 such election until the ninetieth day following such effective date of
29 the election to offer such program established by an electing employer.
30 Any such deferred election shall be effective as of the date of entry
31 into service or the effective date of such offer, whichever is later.
32 § 6. Subdivision 4 of section 501 of the education law, as amended by
33 chapter 713 of the laws of 1986, is amended to read as follows:
34 4. "Teacher" shall mean any regular teacher, special teacher, includ-
35 ing any school librarian or physical training teacher, principal, vice-
36 principal, supervisor, supervisory principal, director, superintendent,
37 city superintendent, assistant city superintendent, district superinten-
38 dent and other member of the teaching or professional staff of any
39 class, public school, vocational school, truant reformatory school or
40 parental school, and of any or all classes of schools within the state
41 of New York, including schools on the Indian reservation, conducted
42 under the order and superintendence of and wholly or partly at the
43 expense of the New York state education department or of a duly elected
44 board of education, board of school directors or board of trustees of
45 the state or of any city or school district thereof, provided that no
46 person shall be deemed a teacher within the meaning of this article who
47 is not so employed for full time outside vacation periods. The word,
48 "teacher," shall also include any person employed in the state education
49 department who at the time he entered such employment, or within one
50 year prior thereto, was a teacher within the foregoing definition, or
51 who was engaged in such department in the performance of duties pertain-
52 ing to instructional services prior to September first, nineteen hundred
53 eighty-six or who provides instructional services at the New York state
54 school for the blind or the New York state school for the deaf, but
55 shall not include a person who is a teacher within the foregoing defi-
56 nition, and who elects to become a member of the New York state employ-
S. 6 34 A. 6
1 ees' retirement system pursuant to paragraph five or paragraph ten of
2 subdivision c of section forty of the retirement and social security law
3 upon his entry, on or after April first, nineteen hundred fifty, into
4 his employment as such a teacher in a state-operated institution or
5 community college under the jurisdiction of the board of trustees of the
6 state university, or who is a teacher within the foregoing definition,
7 and who elects to become a member of the New York city employees'
8 retirement system, upon his entry, on or after April first, nineteen
9 hundred fifty-six, into his employment as such a teacher in a community
10 college operated by the city of New York, or who is a teacher within the
11 foregoing definition, and who elects the optional retirement program
12 established either by article [eight-b] eight-B or by part V of article
13 three[, part V] of this chapter. In all cases of doubt, the retirement
14 board shall determine whether any person is a teacher as defined in this
15 article.
16 § 7. Subdivision c of section 40 of the retirement and social security
17 law is amended by adding a new paragraph 10 to read as follows:
18 10. A person who is a medical, dental or optometric resident or intern
19 who renders services at a health sciences center of the state universi-
20 ty.
21 § 8. Paragraph 3 of subdivision b of section 600 of the retirement and
22 social security law, as added by chapter 414 of the laws of 1983, is
23 amended to read as follows:
24 3. Enter the employment of a public employer which participates for
25 such employees in the New York state employees' retirement system in
26 positions in which they shall work full time shall be required to become
27 members;
28 (a) Provided, however, persons in the employ of such employers after
29 such date in positions in which they work less than full time shall be
30 permitted to become members of the New York state employees' retirement
31 system by filing an application therefor in the manner provided for by
32 section forty of this chapter;
33 (b) Provided further that an employee of a county extension service
34 association or Cornell university appointed for the first time on or
35 after August first, nineteen hundred seventy-seven who holds a federal
36 cooperative appointment with the United States department of agriculture
37 as designated by the director of the New York state cooperative exten-
38 sion service and who is eligible for participation in the federal
39 retirement system shall be excluded from membership in the state employ-
40 ees' retirement system; and
41 (c) Provided further that any employee of a county extension service
42 association and any employee of Cornell university appointed for the
43 first time on or after July first, nineteen hundred seventy-six but on
44 or before July thirty-first, nineteen hundred seventy-seven, who holds a
45 state cooperative appointment as designated by the director of the New
46 York state cooperative extension service may elect to receive a federal
47 cooperative appointment in the manner provided for by the relevant
48 federal laws, rules and regulations and to participate in the federal
49 retirement system and discontinue his participation in the state retire-
50 ment system by filing a written notice of termination on or before
51 December thirty-first, nineteen hundred eighty-three with the comp-
52 troller. Any employee who is a member of the state employees' retirement
53 system at the time he or she elects coverage in the federal retirement
54 program shall be deemed to be a person who discontinues service on the
55 effective date of such election, for the purpose of determining his or
56 her eligibility for rights and benefits in such state system; provided,
S. 6 35 A. 6
1 however, that if he or she does not withdraw accumulated contributions,
2 (i) continued service with the county extension service association or
3 Cornell university while under the federal retirement program shall be
4 deemed to be member service in the New York state employees' retirement
5 system for the purpose of determining eligibility for any vested retire-
6 ment allowance, retirement allowance or ordinary death benefit under
7 such system dependent upon a specified period of total service or upon
8 attainment of a specified age while in service or upon death while in
9 service; and (ii) the amount of any such benefit to which the person or
10 his or her estate or person designated by him or her may become entitled
11 under either such system shall be computed only on the basis of service
12 otherwise creditable to him or her therein and his or her compensation
13 during such service. Electing employees and their beneficiaries shall
14 not be entitled to any right or benefit under the New York state employ-
15 ees' retirement system other than a vested retirement allowance, retire-
16 ment allowance or ordinary death benefit to the extent expressly
17 provided for in this chapter[.]; and
18 (d) Provided, further that medical, dental and optometric residents
19 and interns who render services at health sciences centers of the state
20 university of New York shall be permitted to become members of the New
21 York state employees' retirement system by filing an application there-
22 for in the manner provided for by section forty of this chapter.
23 § 9. This act shall take effect immediately and shall expire and be
24 deemed repealed June 30, 2015.
25 PART E
26 Section 1. Subdivision 14 of section 130 of the civil service law, as
27 added by chapter 685 of the laws of 1995, is amended to read as follows:
28 14. Notwithstanding any foregoing provisions of this section to the
29 contrary, wage rates and/or pay differentials paid by the state pursuant
30 to subdivision thirteen of section three hundred fifty-five-a of the
31 education law, as added by chapter six hundred eighty-five of the laws
32 of nineteen hundred ninety-five, to teaching and research center nurses
33 of the state university of New York [pursuant to subdivision thirteen of
34 section three hundred fifty-five-a of the education law] may be based on
35 a study of representative peer institutions in private or other public
36 hospitals in the same geographic area as a hospital of the state univer-
37 sity which shows that wage rates and/or pay differentials of nurses
38 employed by such peer institutions are higher than the wage rates and/or
39 pay differentials paid by the state to teaching and research center
40 nurses of the state university. Whenever, in the opinion of the chief
41 administrative officer of the health science centers at which teaching
42 and research center nurses are employed, additional compensation for
43 such employees is necessary to maintain adequate support to protect the
44 health, safety and welfare of patients, such chief administrative offi-
45 cer or president shall request the state university board of trustees to
46 conduct such a study.
47 § 2. Subdivision 6 of section 350 of the education law, as added by
48 chapter 363 of the laws of 1998, is amended to read as follows:
49 6. "Clinic" shall mean a facility licensed under article twenty-eight
50 of the public health law as a diagnostic and treatment center which is
51 located either within or outside of a state university health care
52 facility providing services related to the medical education mission of
53 the university, but shall not include state university student health
54 services.
S. 6 36 A. 6
1 § 3. Subdivision 16 of section 355 of the education law, as added by
2 chapter 363 of the laws of 1998, is amended to read as follows:
3 16. Subject to laws and regulations applicable to the state university
4 as a health care provider the state university trustees may:
5 a. Notwithstanding section one hundred sixty-three of the state
6 finance law and section sixty-three of the executive law, authorize
7 [contracts for] a state university health care facility [for partic-
8 ipation] to create and/or participate in managed care networks and other
9 joint and cooperative arrangements with public, [non-profit] not-for-
10 profit or for profit business entities, including joint venturers, not-
11 for-profit or for profit corporations, professional corporations, and
12 limited liability companies, including entering into a maximum of twenty
13 network arrangements per year, as partners, joint venturers, members of
14 [non-profit] not-for-profit corporations, members of limited liability
15 companies and shareholders of business corporations, and the provision
16 of management and administrative services by or for state university.
17 Any contract for the provision of management services shall be subject
18 to any provision of the public health law and health regulations appli-
19 cable to the state university as a health care provider, including any
20 review by the commissioner of health pursuant to 10 NYCRR section
21 405.3(f). In addition, the commissioner of health shall provide for
22 public comment within thirty days of a submission of any management
23 contract required to be reviewed pursuant to regulation. The trustees
24 may also authorize contracts, including [capitation] risk-sharing
25 contracts, for a state university health care facility for the provision
26 of general comprehensive and specialty health care services, directly or
27 through contract with other service providers or entities, including
28 state university employees or entities comprised thereof. Contracts
29 authorized hereunder shall be:
30 (1) consistent with trustee guidelines respecting all terms and condi-
31 tions necessary and appropriate for managed care networks and other
32 [network,] joint or cooperative arrangements, including guidelines
33 governing the awarding of such contracts, guidelines for comparative
34 review where appropriate, and conflict-of-interest guidelines;
35 (2) subject to laws and regulations applicable to the state university
36 as a health care provider, including with respect to rates and certif-
37 icates of need; and
38 (3) subject to article fourteen of the civil service law and the
39 applicable provisions of agreements between the state and employee
40 organizations pursuant to article fourteen of the civil service law.
41 b. (1) Notwithstanding the provisions of [subdivision two of section
42 one hundred twelve of the state finance law relating to the dollar
43 threshold requiring the comptroller's approval of contracts and] subdi-
44 vision two of section one hundred twelve of the state finance law relat-
45 ing to the comptroller's approval of contracts for services and subdivi-
46 sion six of section one hundred sixty-three of the state finance law and
47 section sixty-three of the executive law, authorize contracts for the
48 purchase of goods and services for state university health care facili-
49 ties without prior approval by any other state officer or agency:
50 [(1)] (A) for any contract [which does not exceed seventy-five thou-
51 sand dollars] for goods or services or for any revenue contract; or
52 [(2)] (B) for joint or group purchasing arrangements [which do not
53 exceed seventy-five thousand dollars without prior approval by any other
54 state, officer or agency] in accordance with procedures and requirements
55 found in paragraph a of subdivision five of this section.
S. 6 37 A. 6
1 [(3) contracts] (2) Contracts authorized hereunder shall be subject to
2 article fourteen of the civil service law and the applicable provisions
3 of agreements between the state and employee organizations pursuant to
4 article fourteen of the civil service law and shall be consistent with
5 trustee guidelines governing the awarding of such contracts, comparative
6 review where appropriate, and conflict-of-interest guidelines.
7 [The trustees are authorized to negotiate annually with the state
8 comptroller increases in the aforementioned dollar limits.]
9 c. Authorize contracts for the acquisition by state university health
10 care facilities or facilities suitable for the delivery of health care
11 services, by purchase, lease, sublease, transfer of jurisdiction or
12 otherwise[, of facilities suitable for the delivery of health care
13 services] and for the construction, repair, maintenance, equipping,
14 rehabilitation or improvement thereof. Such facilities may be acquired
15 in whole or in part by state university health care facilities, either
16 directly or through ownership in a joint or cooperative arrangement
17 authorized by paragraph a of this subdivision. Such contracts shall be
18 [subject to approval by the attorney general as to form and by the
19 director of the budget and the state comptroller] consistent with trus-
20 tee guidelines governing the awarding of such contracts, including
21 guidelines requiring comparative review where appropriate and conflict
22 of interest guidelines. Contracts under this paragraph shall be funded
23 from any moneys lawfully available for the expenses of the state univer-
24 sity health care facilities.
25 d. The state university shall provide by July fifteenth of each year
26 to the director of the budget and to the chairs of the senate finance
27 committee and the assembly ways and means committee a report which sets
28 forth with respect to contracts entered into during the prior year by
29 state university health care facilities (1) the amount, purpose, and
30 duration of contracts and arrangements entered into pursuant to para-
31 graphs a and c of this subdivision, (2) a listing of contracts over the
32 amount of two hundred fifty thousand dollars entered into pursuant to
33 clause (A) of subparagraph one of paragraph b of this subdivision, and
34 (3) the amount, purpose and duration of contracts over the amount of two
35 hundred fifty thousand dollars entered into pursuant to clause (B) of
36 subparagraph one of paragraph b of this subdivision.
37 § 4. Notwithstanding any inconsistent provision in section 8 of the
38 court of claims act, subdivision 10 of section 355 of the education law
39 or any other provision of law, a state university health care facility
40 may include in a contract authorized by paragraph a of subdivision 16 of
41 section 355 of the education law, other than a contract with state
42 employees relating to terms and conditions of their employment, a
43 provision that some or all disputes arising under or related to such
44 contract shall be resolved by binding arbitration in accordance with the
45 rules of a nationally-recognized arbitration association.
46 § 5. This act shall take effect immediately and shall expire and be
47 deemed repealed June 30, 2015.
48 PART F
49 Section 1. The board of trustees of the state university of New York
50 and the city university of New York shall report every January first to
51 the governor, the temporary president of the senate and the speaker of
52 the assembly on the effectiveness of the reforms pursuant to this act.
53 The report shall address the progress of the state-operated and senior
54 colleges in competing with the top academic research institutions, the
S. 6 38 A. 6
1 impact of efforts by the state university of New York and the city
2 university of New York to increase the economic well-being of New York;
3 and the impact of tuition increases and efforts to ensure affordable
4 access for economically deprived students.
5 § 2. This act shall take effect immediately and shall expire and be
6 deemed repealed June 30, 2015.
7 § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
8 sion, section or part of this act shall be adjudged by any court of
9 competent jurisdiction to be invalid, such judgment shall not affect,
10 impair, or invalidate the remainder thereof, but shall be confined in
11 its operation to the clause, sentence, paragraph, subdivision, section
12 or part thereof directly involved in the controversy in which such judg-
13 ment shall have been rendered. It is hereby declared to be the intent of
14 the legislature that this act would have been enacted even if such
15 invalid provisions had not been included herein.
16 § 4. This act shall take effect immediately; provided, however, that
17 the applicable effective date of Parts A through F of this act shall be
18 as specifically set forth in the last section of such Parts.
