- Summary
- Actions
- Committee Votes
- Floor Votes
- Memo
- Text
- LFIN
- Chamber Video/Transcript
S08859 Summary:
BILL NO | S08859 |
  | |
SAME AS | SAME AS A09980 |
  | |
SPONSOR | BROOKS |
  | |
COSPNSR | |
  | |
MLTSPNSR | |
  | |
  | |
Authorizes state University Trustees, without any public bidding, to lease and otherwise contract to make available to Farmingdale state development corporation, a not-for-profit corporation, a portion of the lands of the university for the purpose of developing, constructing, maintaining and operating a multi-purpose athletic facility to support the provision of athletic tournaments, camps, clinics and other opportunities for Farmingdale students and local community residents; provides such lease shall be a term of thirty years; makes related provisions. |
S08859 Actions:
BILL NO | S08859 | |||||||||||||||||||||||||||||||||||||||||||||||||
  | ||||||||||||||||||||||||||||||||||||||||||||||||||
04/25/2022 | REFERRED TO EDUCATION | |||||||||||||||||||||||||||||||||||||||||||||||||
04/27/2022 | REFERENCE CHANGED TO HIGHER EDUCATION | |||||||||||||||||||||||||||||||||||||||||||||||||
05/10/2022 | 1ST REPORT CAL.1248 | |||||||||||||||||||||||||||||||||||||||||||||||||
05/11/2022 | 2ND REPORT CAL. | |||||||||||||||||||||||||||||||||||||||||||||||||
05/16/2022 | ADVANCED TO THIRD READING | |||||||||||||||||||||||||||||||||||||||||||||||||
05/25/2022 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
05/25/2022 | DELIVERED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
05/25/2022 | referred to ways and means | |||||||||||||||||||||||||||||||||||||||||||||||||
05/31/2022 | substituted for a9980 | |||||||||||||||||||||||||||||||||||||||||||||||||
05/31/2022 | ordered to third reading rules cal.489 | |||||||||||||||||||||||||||||||||||||||||||||||||
05/31/2022 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
05/31/2022 | returned to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
08/05/2022 | DELIVERED TO GOVERNOR | |||||||||||||||||||||||||||||||||||||||||||||||||
08/17/2022 | SIGNED CHAP.538 |
S08859 Committee Votes:
Go to topS08859 Floor Votes:
Yes
Abbate
Yes
Chandler-Waterm
Yes
Forrest
Yes
Joyner
Yes
O'Donnell
Yes
Simon
Yes
Abinanti
Yes
Clark
Yes
Friend
Yes
Kelles
Yes
Otis
Yes
Simpson
Yes
Anderson
Yes
Colton
Yes
Frontus
Yes
Kim
Yes
Palmesano
Yes
Smith
Yes
Angelino
Yes
Conrad
Yes
Galef
Yes
Lalor
Yes
Paulin
Yes
Smullen
Yes
Ashby
Yes
Cook
Yes
Gallagher
Yes
Lavine
Yes
Peoples-Stokes
Yes
Solages
Yes
Aubry
Yes
Cruz
Yes
Gallahan
Yes
Lawler
Yes
Pheffer Amato
Yes
Steck
Yes
Barclay
Yes
Cunningham
Yes
Gandolfo
Yes
Lemondes
Yes
Pretlow
Yes
Stern
Yes
Barnwell
Yes
Cusick
Yes
Gibbs
Yes
Lucas
Yes
Quart
Yes
Stirpe
Yes
Barrett
Yes
Cymbrowitz
Yes
Giglio JA
Yes
Lunsford
Yes
Ra
Yes
Tague
Yes
Benedetto
Yes
Darling
Yes
Giglio JM
Yes
Lupardo
Yes
Rajkumar
Yes
Tannousis
Yes
Bichotte Hermel
Yes
Davila
Yes
Glick
Yes
Magnarelli
Yes
Ramos
Yes
Tapia
Yes
Blankenbush
Yes
De Los Santos
Yes
Gonzalez-Rojas
Yes
Mamdani
Yes
Reilly
Yes
Taylor
Yes
Brabenec
Yes
DeStefano
Yes
Goodell
Yes
Manktelow
Yes
Reyes
Yes
Thiele
Yes
Braunstein
Yes
Dickens
Yes
Gottfried
Yes
McDonald
Yes
Rivera J
Yes
Vanel
Yes
Bronson
Yes
Dilan
Yes
Griffin
Yes
McDonough
Yes
Rivera JD
Yes
Walczyk
Yes
Brown E
Yes
Dinowitz
Yes
Gunther
Yes
McMahon
ER
Rosenthal D
Yes
Walker
Yes
Brown K
Yes
DiPietro
Yes
Hawley
Yes
Meeks
Yes
Rosenthal L
Yes
Wallace
Yes
Burdick
Yes
Durso
Yes
Hevesi
Yes
Mikulin
Yes
Rozic
Yes
Walsh
Yes
Burgos
Yes
Eichenstein
Yes
Hunter
Yes
Miller
Yes
Salka
Yes
Weinstein
Yes
Burke
Yes
Englebright
Yes
Hyndman
Yes
Mitaynes
Yes
Santabarbara
Yes
Weprin
Yes
Buttenschon
Yes
Epstein
Yes
Jackson
Yes
Montesano
Yes
Sayegh
Yes
Williams
Yes
Byrne
Yes
Fahy
Yes
Jacobson
Yes
Morinello
Yes
Schmitt
Yes
Woerner
Yes
Byrnes
Yes
Fall
Yes
Jean-Pierre
Yes
Niou
Yes
Seawright
Yes
Zebrowski
Yes
Cahill
Yes
Fernandez
Yes
Jensen
Yes
Nolan
Yes
Septimo
Yes
Zinerman
Yes
Carroll
Yes
Fitzpatrick
Yes
Jones
Yes
Norris
Yes
Sillitti
Yes
Mr. Speaker
‡ Indicates voting via videoconference
S08859 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 8859 IN SENATE April 25, 2022 ___________ Introduced by Sen. BROOKS -- read twice and ordered printed, and when printed to be committed to the Committee on Education AN ACT in relation to authorizing the state university of New York at Farmingdale to lease certain lands to the Farmingdale state develop- ment corporation The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative findings. The legislature finds that the state 2 university of New York at Farmingdale ("Farmingdale") seeks to use 3 approximately 16 acres of underutilized land on Farmingdale's campus for 4 the purpose of the creation of multiple lacrosse and multi-sport athlet- 5 ic fields. One of the nation's leading youth sports tournament firms, 6 has indicated a desire to develop these parcels at the firm's expense 7 which would present an opportunity to generate significant revenue for 8 Farmingdale and offers the unique prospect of rendering Farmingdale a 9 desired destination for athletic tournaments, camps and clinics. 10 The legislature further finds that the location and operation of this 11 facility would provide opportunities for students enrolled in 12 Farmingdale's Sports Management Program to participate in applied learn- 13 ing and receive direct, hands-on access to myriad aspects of this indus- 14 try. 15 The legislature further finds that Farmingdale is ideally suited for 16 such a successful venture, with proximity along the border of Nassau and 17 Suffolk counties known as the Route 110 corridor; Farmingdale controls 18 and maintains vacant land throughout the corridor and in several 19 locations on its campus. This partnership opportunity will raise 20 Farmingdale's campus profile, diversify its revenue stream and position 21 Farmingdale as a prominent member of the Long Island economy. Moreover, 22 this partnership opportunity fulfills a necessary and vital public 23 purpose. 24 Finally, the legislature finds that granting the trustees of the State 25 University of New York the authority and power to lease and otherwise 26 contract to make available grounds and facilities of the campus of the 27 State University of New York at Farmingdale will ensure such activity EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15192-03-2S. 8859 2 1 will promote the provision of educational and athletic opportunities for 2 Farmingdale and the surrounding community. 3 § 2. Notwithstanding any other law to the contrary, the state Univer- 4 sity Trustees are authorized and empowered, without any public bidding, 5 to lease and otherwise contract to make available to Farmingdale state 6 development corporation, a not-for-profit corporation (the "ground 7 lessee"), a portion of the lands of the university generally described 8 in this act for the purpose of developing, constructing, maintaining and 9 operating a multi-purpose athletic facility to support the provision of 10 athletic tournaments, camps, clinics and other opportunities for Farm- 11 ingdale students and local community residents. Such lease or contract 12 shall be for a period not exceeding 30 years without any fee simple 13 conveyance and otherwise upon terms and conditions determined by such 14 trustees, subject to the approval of the director of the division of the 15 budget, the attorney general and the state comptroller. In the event 16 that the real property that is the subject of such lease or contract 17 shall cease to be used for the purpose described in this act, such lease 18 or contract shall immediately terminate and the real property and any 19 improvements thereon shall revert to the state university of New York. 20 Any lease or contract entered into pursuant to this act shall provide 21 that the real property that is the subject of such lease or contract and 22 any improvements thereon shall revert to the state university of New 23 York on the expiration of such contract or lease. 24 § 3. Any contract or lease entered into pursuant to this act shall be 25 deemed to be a state contract for purposes of article 15-A of the execu- 26 tive law, and any contractor, subcontractor, lessee or sublessee enter- 27 ing into such contract or lease for the construction, demolition, recon- 28 struction, excavation, rehabilitation, repair, renovation, alteration or 29 improvement authorized pursuant to this act shall be deemed a state 30 agency for the purposes of article 15-A of the executive law and subject 31 to the provisions of such article. 32 § 4. Notwithstanding any general, special or local law or judicial 33 decision to the contrary, all work performed on a project authorized by 34 this act where all or any portion thereof involves a lease or agreement 35 for construction, demolition, reconstruction, excavation, rehabili- 36 tation, repair, renovation, alteration or improvement shall be deemed 37 public work and shall be subject to and performed in accordance with the 38 provisions of article 8 of the labor law to the same extent and in the 39 same manner as a contract of the state, and compliance with all the 40 provisions of article 8 of the labor law shall be required of any 41 lessee, sublessee, contractor or subcontractor on the project, including 42 the enforcement of prevailing wage requirements by the fiscal officer as 43 defined in paragraph e of subdivision 5 of section 220 of the labor law 44 to the same extent as a contract of the state. 45 § 5. Notwithstanding any law, rule or regulation to the contrary, the 46 state university of New York shall not contract out to Farmingdale state 47 development corporation or any subsidiary for the instruction or any 48 pedagogical functions or services, or any administrative services, and 49 similar professional services currently being performed by state employ- 50 ees. All such functions and services shall be performed by state employ- 51 ees pursuant to the civil service law. Nothing in this act shall result 52 in the displacement of any currently employed state worker or the loss 53 of position (including partial displacement such as reduction in the 54 hours of non-overtime, wages or employment benefits), or result in the 55 impairment of existing contracts for services or collective bargaining 56 rights pursuant to existing agreements. All positions currently at theS. 8859 3 1 state university of New York in the unclassified service of the civil 2 service law shall remain in the unclassified service. No services or 3 work on the property described in this act currently performed by public 4 employees or future work that is similar in scope and nature to the work 5 being currently performed by public employees shall be contracted out or 6 privatized by the state university of New York or by an affiliated enti- 7 ty or associated entity of the state university of New York. All such 8 future work shall be performed by public employees. 9 § 6. For the purposes of this act: (a) "project" shall mean work at 10 the property authorized by this act to be leased to Farmingdale state 11 development corporation as described in section twelve of this act that 12 involves the design, construction, reconstruction, demolition, exca- 13 vation, rehabilitation, repair, renovation, alteration or improvement of 14 Farmingdale state development corporation property. 15 (b) "project labor agreement" shall mean a pre-hire collective 16 bargaining agreement between a contractor and a labor organization, 17 establishing the labor organization as the collective bargaining repre- 18 sentative for all persons who will perform work on the project, and 19 which provides that only contractors and subcontractors who sign a pre- 20 negotiated agreement with the labor organization can perform project 21 work. 22 § 7. Nothing in this act shall be deemed to waive or impair any rights 23 or benefits of employees of the state university of New York that other- 24 wise would be available to them pursuant to the terms of agreements 25 between the certified representatives of such employees and the state of 26 New York pursuant to article 14 of the civil service law; all work 27 performed on such property that ordinarily would be performed by employ- 28 ees subject to article 14 of the civil service law shall continue to be 29 performed by such employees. 30 § 8. Notwithstanding the provisions of any general, special, or local 31 law or judicial decision to the contrary: 32 (a) Farmingdale state development corporation may require a contractor 33 awarded a contract, subcontract, lease, grant, bond, covenant or other 34 agreement for a project to enter into a project labor agreement during 35 and for the work involved with such project when such requirement is 36 part of Farmingdale state development corporation's request for 37 proposals for the project and when the Farmingdale state development 38 corporation determines that the record supporting the decision to enter 39 into such an agreement establishes that the interests underlying the 40 competitive bidding laws are best met by requiring a project labor 41 agreement including: obtaining the best work at the lowest possible 42 price; preventing favoritism, fraud and corruption; the impact of delay; 43 the possibility of cost savings; and any local history of labor unrest. 44 (b) If Farmingdale state development corporation does not require a 45 project labor agreement, then any contractor, subcontractor, lease, 46 grant, bond, covenant or other agreements for a project shall be awarded 47 pursuant to section 135 of the state finance law. 48 § 9. Without limiting the determination of the terms and conditions of 49 such contracts or leases, such terms and conditions may provide for 50 leasing, subleasing, construction, reconstruction, rehabilitation, 51 improvement, operation and management of and provision of services and 52 assistance and the granting of licenses, easements and other arrange- 53 ments with regard to such grounds and facilities by Farmingdale state 54 development corporation, and parties contracting with Farmingdale state 55 development corporation, and in connection with such activities, the 56 obtaining of funding or financing, whether public or private, unsecuredS. 8859 4 1 or secured (including, but not limited to, secured by leasehold mort- 2 gages and assignments of rents and leases), by Farmingdale state devel- 3 opment corporation and parties contracting with Farmingdale state devel- 4 opment corporation for the purposes of completing the project described 5 in this act. 6 § 10. Such lease shall include an indemnity provision whereby the 7 lessee or sublessee promises to indemnify, hold harmless and defend the 8 lessor against all claims, suits, actions, and liability to all persons 9 on the leased premises, including tenant, tenant's agents, contractors, 10 subcontractors, employees, customers, guests, licensees, invitees and 11 members of the public, for damage to any such person's property, whether 12 real or personal, or for personal injuries arising out of tenant's use 13 or occupation of the demised premises. 14 § 11. Any contracts entered into pursuant to this act between the 15 ground lessee and parties contracting with the ground lessee shall be 16 awarded by a competitive process. 17 § 12. The property authorized by this act to be leased to Farmingdale 18 state development corporation is generally described as that parcel of 19 real property with improvements thereon consisting of a total of 16 20 acres situated on the campus of the State University of New York at 21 Farmingdale. The description in this section of the parcel to be made 22 available pursuant to this act is not meant to be a legal description, 23 but is intended only to identify the parcel: 24 All that certain plot, piece or parcel of land, situate, lying and 25 being at Melville, Town of Huntington, County of Suffolk and State of 26 New York, being more particularly bounded and described as follows: 27 BEGINNING at a point at the southeast corner of the parcel about to be 28 described, said point also being the southwest corner of a parcel leased 29 from the people of the State of New York acting by and through the State 30 University of New York to Broad Hollow Bioscience Park, Inc., as 31 described in a Ground Lease document, dated June 17, 2011, said point 32 also being the following six (6) courses from the intersection formed by 33 the southerly line of a NYSDOT detention pond as shown on Acquisition 34 Map 289 T Parcel 324, with the westerly side of New York State Route 35 110; 36 RUNNING THENCE along said westerly side of New York State Route 110, 37 South 00 degrees 22 minutes 45 seconds East 573.44 feet; 38 THENCE through the lands now or formerly of the People of the State of 39 New York for the State University of New York at Farmingdale Campus the 40 remaining five (5) courses; 41 THENCE South 11 degrees 37 minutes 49 seconds West 211.11 feet to a 42 point of curvature; 43 THENCE along the arc of a tangent curve to the right, having a radius 44 390.49 feet and a length of 422.88 feet; 45 THENCE North 45 degrees 00 minutes 49 seconds West 964.56 feet to a 46 point of curvature; 47 THENCE along the arc of a tangent curve to the left, having a radius 48 462.83 feet and a length of 724.84 feet; 49 THENCE North 44 degrees 41 minutes 38 seconds West 60.00 feet to the 50 point of beginning; 51 THENCE continuing through said lands now or formerly of the People of 52 the State of New York for the State University of New York at Farming- 53 dale Campus the following nine (9) courses; 54 THENCE North 43 degrees 22 minutes 32 seconds West 196.74 feet; 55 THENCE North 37 degrees 41 minutes 34 seconds East 108.16 feet; 56 THENCE North 05 degrees 41 minutes 52 seconds West 104.55 feet;S. 8859 5 1 THENCE North 44 degrees 33 minutes 30 seconds West 388.99 feet; 2 THENCE North 57 degrees 50 minutes 07 seconds East 161.52 feet; 3 THENCE North 24 degrees 56 minutes 49 seconds East 812.41 feet, to the 4 southerly line of an electric easement to N/F Long Island Lighting 5 Company, as described in Liber 4239 pg. 474, dated November 16, 1956, on 6 file at the Suffolk County Clerk's Office, and shown on a survey known 7 as Map No. 3007 by A. J. Edwards & T.S. Prime, dated January 28, 1955; 8 THENCE along said southerly easement line, South 64 degrees 29 minutes 9 07 seconds East 598.00 feet, to a point on the westerly line of the 10 aforesaid leased parcel; 11 THENCE along said westerly line of the leased parcel, South 27 degrees 12 08 minutes 01 seconds West 1174.14 feet; 13 THENCE continuing along said westerly line of the leased parcel, South 14 45 degrees 18 minutes 22 seconds West 184.68 feet, to THE POINT OR PLACE 15 OF BEGINNING. 16 Containing: 15.396 acres, more or less. Subject to all existing ease- 17 ments and restrictions of record. 18 § 13. The state university of New York shall not lease lands described 19 in this act unless any such lease shall be executed within 5 years of 20 the effective date of this act. 21 § 14. Insofar as the provisions of this act are inconsistent with the 22 provisions of any law, general, special or local, the provisions of this 23 act shall be controlling. 24 § 15. This act shall take effect immediately.