S06854 Summary:
BILL NO | S06854A |
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SAME AS | SAME AS A09187-A |
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SPONSOR | FLANAGAN |
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COSPNSR | LAVALLE |
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MLTSPNSR | |
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Relates to the extension of the state university of New York at Stony Brook's lease to certain lands. |
S06854 Actions:
BILL NO | S06854A | |||||||||||||||||||||||||||||||||||||||||||||||||
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03/20/2014 | REFERRED TO HIGHER EDUCATION | |||||||||||||||||||||||||||||||||||||||||||||||||
04/29/2014 | 1ST REPORT CAL.440 | |||||||||||||||||||||||||||||||||||||||||||||||||
04/30/2014 | 2ND REPORT CAL. | |||||||||||||||||||||||||||||||||||||||||||||||||
05/05/2014 | ADVANCED TO THIRD READING | |||||||||||||||||||||||||||||||||||||||||||||||||
05/19/2014 | AMENDED ON THIRD READING 6854A | |||||||||||||||||||||||||||||||||||||||||||||||||
05/28/2014 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
05/28/2014 | DELIVERED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
05/28/2014 | referred to ways and means | |||||||||||||||||||||||||||||||||||||||||||||||||
06/09/2014 | substituted for a9187a | |||||||||||||||||||||||||||||||||||||||||||||||||
06/09/2014 | ordered to third reading cal.848 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/09/2014 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
06/09/2014 | returned to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
07/11/2014 | DELIVERED TO GOVERNOR | |||||||||||||||||||||||||||||||||||||||||||||||||
07/22/2014 | SIGNED CHAP.154 |
S06854 Floor Votes:
Yes
Abbate
Yes
Curran
Yes
Hawley
Yes
Markey
Yes
Quart
Yes
Steck
Yes
Abinanti
Yes
Cusick
Yes
Heastie
Yes
Mayer
Yes
Ra
Yes
Stirpe
Yes
Arroyo
Yes
Cymbrowitz
Yes
Hennessey
Yes
McDonald
Yes
Raia
Yes
Sweeney
Yes
Aubry
Yes
Davila
Yes
Hevesi
Yes
McDonough
Yes
Ramos
Yes
Tedisco
Yes
Barclay
Yes
DenDekker
Yes
Hikind
Yes
McKevitt
ER
Rivera
Yes
Tenney
Yes
Barrett
Yes
Dinowitz
Yes
Hooper
Yes
McLaughlin
Yes
Roberts
Yes
Thiele
Yes
Benedetto
Yes
DiPietro
Yes
Jacobs
Yes
Miller
Yes
Robinson
Yes
Titone
Yes
Blankenbush
Yes
Duprey
Yes
Jaffee
Yes
Millman
Yes
Rodriguez
ER
Titus
Yes
Borelli
Yes
Englebright
Yes
Johns
Yes
Montesano
Yes
Rosa
Yes
Walter
Yes
Braunstein
Yes
Fahy
Yes
Katz
Yes
Morelle
Yes
Rosenthal
Yes
Weinstein
Yes
Brennan
Yes
Farrell
Yes
Kavanagh
Yes
Mosley
Yes
Rozic
ER
Weisenberg
Yes
Brindisi
Yes
Finch
Yes
Kearns
Yes
Moya
Yes
Russell
Yes
Weprin
Yes
Bronson
Yes
Fitzpatrick
AB
Kellner
ER
Nojay
ER
Ryan
Yes
Wright
Yes
Brook-Krasny
Yes
Friend
Yes
Kim
Yes
Nolan
Yes
Saladino
Yes
Zebrowski
Yes
Buchwald
Yes
Galef
Yes
Kolb
Yes
Oaks
Yes
Santabarbara
Yes
Mr. Speaker
Yes
Butler
Yes
Gantt
Yes
Lalor
Yes
O'Donnell
Yes
Scarborough
Yes
Cahill
Yes
Garbarino
Yes
Lavine
Yes
Ortiz
Yes
Schimel
Yes
Camara
Yes
Giglio
Yes
Lentol
Yes
Otis
Yes
Schimminger
Yes
Ceretto
Yes
Gjonaj
Yes
Lifton
Yes
Palmesano
Yes
Sepulveda
Yes
Clark
Yes
Glick
Yes
Lopez
Yes
Palumbo
Yes
Simanowitz
Yes
Colton
Yes
Goldfeder
Yes
Lupardo
ER
Paulin
Yes
Simotas
Yes
Cook
Yes
Goodell
Yes
Lupinacci
Yes
Peoples-Stokes
Yes
Skartados
Yes
Corwin
Yes
Gottfried
Yes
Magee
Yes
Perry
Yes
Skoufis
Yes
Crespo
Yes
Graf
ER
Magnarelli
Yes
Pichardo
Yes
Solages
Yes
Crouch
Yes
Gunther
Yes
Malliotakis
Yes
Pretlow
Yes
Stec
‡ Indicates voting via videoconference
S06854 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 6854--A Cal. No. 440 IN SENATE March 20, 2014 ___________ Introduced by Sens. FLANAGAN, LAVALLE -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT authorizing the state university of New York at Stony Brook to lease certain lands The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative findings. Chapter 629 of the Laws of 2008 2 provided the state university of New York at Stony Brook with the oppor- 3 tunity through the generosity of a private donor to create a facility 4 dedicated to advancing knowledge in the fields of geometry and physics. 5 In furtherance thereof, the legislature determined that the university 6 foundation of the state university of New York at Stony Brook was the 7 appropriate body to design and construct a Center for Geometry and Phys- 8 ics adjacent to existing campus facilities, which has enhanced the 9 academic mission of the university and provides a unique opportunity for 10 education, research and economic benefit to the region, nation and the 11 world. 12 The Simons Center for Geometry and Physics, which opened in 2010, is 13 poised for enhancement and expansion of programmatic use. The building 14 as well as the program is divided into two distinct areas: the lower 15 floors, which are public areas, including a dining facility; and the top 16 three floors, which are secure areas and house faculty and research 17 areas. The project addition envisioned will increase functionality of 18 the facility and expand programmatic use by adding a second elevator at 19 the north side of the building to serve the public areas as well as the 20 dining facility. The project also will add office space and provide a 21 modest increase to the dining area. 22 The legislature further finds that the state university of New York 23 and the state university of New York at Stony Brook will benefit if the 24 design and construction of the project addition is assumed by the 25 university foundation only until such time as the project addition is EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13787-04-4S. 6854--A 2 1 completed. The legislature determines that the academic mission and the 2 goals of the state university of New York at Stony Brook in the full 3 utilization of the properties in furtherance of its mission, can be best 4 served by the university foundation and the private resources to which 5 it has access. The university foundation shall mean the Stony Brook 6 Foundation or its affiliate, the Stony Brook Foundation Realty, which 7 are 501(c)(3) not-for-profit corporations, the purposes of which are to 8 support the university's educational mission to acquire and manage 9 campus real and personal property, to enhance the region's academic 10 offerings, and to stimulate the economy both locally and throughout New 11 York state. 12 § 2. The state university trustees are hereby authorized to lease 13 without any public bidding a portion of the lands of the state universi- 14 ty of New York at Stony Brook generally described in this act to the 15 university foundation of such university at Stony Brook for the design 16 and construction only of an addition to the Simons Center upon such 17 terms and conditions as the trustees deem advisable not to exceed in the 18 aggregate two years. No such contract or lease for the design and 19 construction only of such addition shall provide for a fee simple 20 conveyance of the underlying land. If the real property shall cease to 21 be used for the purposes described in this act said lease shall imme- 22 diately terminate and the real property and any improvements thereon 23 shall revert to the state university of New York. Any contract or lease 24 entered into pursuant to this act for such design and construction only 25 shall provide that the real property which is the subject of such lease 26 or contract and any improvements thereon shall revert to the state 27 university of New York on the expiration of such contract or lease. The 28 description of the parcel to be leased pursuant to this section is not 29 meant to be a legal description but is intended only to identify the 30 parcel and improvements to be leased. 31 § 3. Any contract or lease entered into by the trustees of the state 32 university of New York for the design and construction only of this 33 addition pursuant to this act shall require the lessee or contracting 34 not-for-profit corporation to comply with the requirements of article 35 15-A of the executive law. Notwithstanding any other law to the contra- 36 ry, any contract or lease for construction, rehabilitation, or other 37 improvement authorized by section five of this act entered into by the 38 trustees shall require the lessee or contractor and/or subcontractor to 39 comply with the requirements of sections 220, 240 and 241 of the labor 40 law, where applicable. 41 § 4. Nothing in this act shall be deemed to waive or impair any rights 42 or benefits of employees of the state university of New York that other- 43 wise would be available to them pursuant to the terms of agreements 44 between the certified representatives of such employees and the state of 45 New York pursuant to article 14 of the civil service law. Any entity 46 that enters into a contract pursuant to the provisions of this act shall 47 be considered a university foundation for the purposes of the applica- 48 tion of such agreements pursuant to article 14 of the civil service law. 49 § 5. By way of example and not limitation, the terms and conditions of 50 the trustees' lease or contract may provide for leasing construction, 51 reconstruction, rehabilitation, improvement and provisions of services 52 and assistance for the design and construction only of such addition and 53 the granting of licenses, easements and other arrangements with regard 54 to such grounds and facilities by the university foundation and parties 55 contracting with the university foundation for the design and 56 construction only of such addition, and, in connection with such activ-S. 6854--A 3 1 ities, the obtaining of funding or financing, whether public or private, 2 unsecured or secured (including but not limited to secured by leasehold 3 mortgages and assignments of rents and leases), by the university foun- 4 dation and parties contracting with the university foundation, for the 5 purpose of completing the project described above. 6 § 6. The lease entered into pursuant to this act shall be subject to 7 approval of the attorney general as to form, the director of the budget 8 and the state comptroller. 9 § 7. The lease shall include an indemnity provision whereby the lessee 10 or sublessee promises to indemnify, hold harmless and defend the lessor 11 against all claims, suits, actions, liability and damages to all persons 12 on the leased premises, including the tenant, tenant's agents, employ- 13 ees, contractors, subcontractors, customers, guests, licensees, invitees 14 and members of the public for damage to any such person's property, 15 whether real or personal or for personal injuries arising out of 16 tenant's use or occupation of the demised premises. 17 § 8. Any contracts entered into pursuant to this act between an educa- 18 tion corporation, not-for-profit corporation, public benefit corporation 19 or any other person or corporation (other than the state government or 20 any agency thereof) and parties contracting with such education corpo- 21 ration, not-for-profit corporation, public benefit corporation or any 22 other person or corporation (other than the state government or any 23 agency thereof) for the design and construction only of this facility 24 shall be awarded by a competitive process. 25 § 9. The property authorized by this act to be leased to the universi- 26 ty foundation at Stony Brook is generally described as a portion of that 27 parcel of real property with improvements thereon situated on the west 28 campus of the state university of New York at Stony Brook consisting of 29 approximately 235,000 square feet of land bounded as follows: on the 30 north approximately 250 feet west from the corner of the Graduate Phys- 31 ics building to Toll Drive on the west, south along Toll Drive for 32 approximately 600 feet on the south 550 feet east along the southern 33 edge of the parking lot, on the east 250 feet due north then approxi- 34 mately 300 feet along the southern and eastern faces of the Math 35 Tower/Graduate Physics building back to its north edge. 36 § 10. Insofar as the provisions of this act are inconsistent with the 37 provisions of any law, general, special or local, the provisions of this 38 act shall be controlling. 39 § 11. This act shall take effect immediately.