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A10456 Text:

                STATE OF NEW YORK
                   IN ASSEMBLY
                                      May 28, 2024
        Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Fahy, McDo-
          nald) -- read once and referred to the Committee on  Higher  Education
          --  committee  discharged,  bill amended, ordered reprinted as amended
          and recommitted to said committee
        AN ACT in relation to authorizing the lease of  certain  lands  for  the
          Albany NanoTech Complex

          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 Albany ("UAlbany") seeks to use a portion of
     3  the grounds and facilities on the UAlbany campus for the purposes of the
     4  Albany NanoTech Complex. The New  York  Center  for  Research,  Economic
     5  Advancement, Technology, Engineering and Science Corporation (hereinaft-
     6  er referred to as "NY CREATES"), is the owner and operator of the Albany
     7  NanoTech  Complex,  the nation's largest and most advanced semiconductor
     8  R&D facility that brings together industry leaders, academia and  inter-
     9  national  partners to develop next-generation chips and chip fabrication
    10  processes, and is focused on facilitating  industry  and  public-private
    11  partnerships  for  next-generation semiconductor technology R&D, commer-
    12  cialization, regional economic  development  and  workforce  development
    13  projects.  NY  CREATES  is  the parent company of Fuller Road Management
    14  Corporation, a 501(c)(25) corporation established  for  the  purpose  of
    15  holding  real estate for projects of the State University of New York at
    16  Albany. UAlbany is one of the most diverse public research  institutions
    17  in  the  nation  and  a national leader in educational equity and social
    18  mobility. As a Carnegie-classified R1 institution, UAlbany  faculty  and
    19  students  advance our understanding of the world in fields such as arti-
    20  ficial  intelligence,  semiconductors,  atmospheric  and   environmental
    21  sciences, public health, emergency preparedness, engineering, the social
    22  sciences,  humanities,  and  social  welfare.  At  its founding in 2004,
    23  UAlbany's College of Nanotechnology, Science, and  Engineering  was  the
    24  first  in the nation devoted specifically to the study of nanotechnology
    25  and was a critical academic partner in the development  of  NY  CREATES'
    26  Albany  NanoTech Complex. The University's diverse student body combined
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 10456--A                         2
     1  with its broad research portfolio put it in a uniquely  strong  position
     2  to  play  a major role in diversifying the next generation of New York's
     3  STEM workforce.
     4    The  legislature further finds that UAlbany and NY CREATES have under-
     5  gone long-term collaborations in: (i) fundamental and  applied  research
     6  projects  utilizing the equipment and expertise available in both organ-
     7  izations; (ii) workforce development and training programs to  grow  the
     8  next  generation  of semiconductor engineers and technicians; and, (iii)
     9  joint technology commercialization efforts  to  expand  the  market  for
    10  intellectual property.
    11    The legislature further finds that the ground lease authorized by this
    12  legislation  would  benefit  UAlbany, SUNY, and the State of New York by
    13  advancing: (1) Opportunities for UAlbany  and  other  SUNY  faculty  and
    14  students to collaborate with NY CREATES, industry and government profes-
    15  sionals to develop innovative academic programming and advance workforce
    16  development  initiatives  while  promoting  NY  CREATES' Albany NanoTech
    17  Complex nationally and globally to grow its  reputation;  (2)  Continued
    18  support  of UAlbany's and other SUNY academic partnerships with external
    19  consortiums with industry, and government agencies nationally and inter-
    20  nationally; (3) Collaboration on programs to train next generation semi-
    21  conductor engineers and technicians, providing  students  with  hands-on
    22  experience  and  industry-relevant  skills  through  internships,  co-op
    23  programs, and collaborative research projects,  and  to  cohost  events,
    24  workshops, and seminars aimed at fostering entrepreneurship, creativity,
    25  and  innovation; and (4) Pursuit of opportunities for public and private
    26  partnerships to  fund  joint  and  collaborative  research  initiatives,
    27  economic  development  opportunities,  technology transfer programs, and
    28  infrastructure development projects that benefit UAlbany, SUNY,  and  NY
    29  CREATES.
    30    §  2. Notwithstanding any other law to the contrary, the state univer-
    31  sity trustees are authorized and empowered, without any public  bidding,
    32  to  lease  and  otherwise  contract to make available to the Fuller Road
    33  Management Corporation a portion of the lands of the university general-
    34  ly described in this  act  for  the  purposes  of  the  Albany  NanoTech
    35  Complex.  Such lease or contract shall be without any fee simple convey-
    36  ance  and  otherwise  upon terms and conditions determined by such trus-
    37  tees, subject to the approval of the director of  the  division  of  the
    38  budget,  the  attorney  general  and the state comptroller. In the event
    39  that the real property that is the subject of  such  lease  or  contract
    40  shall cease to be used for the purpose described in this act, such lease
    41  or  contract  shall immediately terminate, and the real property and any
    42  improvements thereon shall revert to the state university of  New  York.
    43  Any  lease  or contract entered into pursuant to this act shall be for a
    44  period not exceeding forty years, and provide  that  the  real  property
    45  that is the subject of such lease or contract and any improvements ther-
    46  eon  shall  revert to the state university of New York on the expiration
    47  of such contract or lease.
    48    § 3. Any contract or lease entered into pursuant to this act shall  be
    49  deemed to be a state contract for purposes of article 15-A of the execu-
    50  tive  law, and any contractor, subcontractor, lessee or sublessee enter-
    51  ing into such contract or lease for the construction, demolition, recon-
    52  struction, excavation, rehabilitation, repair, renovation, alteration or
    53  improvement authorized pursuant to this act  shall  be  deemed  a  state
    54  agency for the purposes of article 15-A of the executive law and subject
    55  to the provisions of such article.

        A. 10456--A                         3
     1    §  4.  Notwithstanding  any  general, special or local law or judicial
     2  decision to the contrary, all work performed on a project authorized  by
     3  this  act where all or any portion thereof involves a lease or agreement
     4  for  construction,  demolition,  reconstruction,  excavation,  rehabili-
     5  tation,  repair,  renovation,  alteration or improvement shall be deemed
     6  public work and shall be subject to and performed in accordance with the
     7  provisions of article 8 of the labor law to the same extent and  in  the
     8  same  manner  as  a  contract  of the state, and compliance with all the
     9  provisions of article 8 of the  labor  law  shall  be  required  of  any
    10  lessee, sublessee, contractor or subcontractor on the project, including
    11  the enforcement of prevailing wage requirements by the fiscal officer as
    12  defined  in paragraph e of subdivision 5 of section 220 of the labor law
    13  to the same extent as a contract of the state.
    14    § 5. 1.  Notwithstanding any law, rule or regulation to the  contrary,
    15  the  state  university  of New York shall not contract out to the ground
    16  lessee or any subsidiary for the instruction or  any  pedagogical  func-
    17  tions  or  services, or any administrative services, and similar profes-
    18  sional services currently being performed by state employees.  All  such
    19  functions and services shall be performed by state employees pursuant to
    20  the civil service law. Nothing in this act shall result in the displace-
    21  ment  of  any  currently  employed  state worker or the loss of position
    22  (including partial displacement such as reduction in the hours  of  non-
    23  overtime,  wages or employment benefits), or result in the impairment of
    24  existing contracts for services or collective bargaining rights pursuant
    25  to existing agreements. All positions currently at the state  university
    26  of  New  York in the unclassified service of the civil service law shall
    27  remain in the unclassified service.
    28    2. No services or work on the property described in this act currently
    29  performed by public employees at the time of the effective date of  this
    30  act,  or that is similar in scope and nature to the work being currently
    31  performed by public employees at the time of the effective date of  this
    32  act,  shall  be  contracted out or privatized by SUNY. SUNY acknowledges
    33  its obligations as an employer under the civil service  law  and  agrees
    34  that  it  will  not  exercise  its  right  to contract out for goods and
    35  services under any applicable collective bargaining agreement.
    36    § 6. For the purposes of this act the following terms shall  have  the
    37  following meanings:
    38    (a)  "Project"  shall mean work at the property authorized by this act
    39  to be leased to the ground lessee as described in section twelve of this
    40  act that involves the design, construction, reconstruction,  demolition,
    41  excavation,  rehabilitation,  repair, renovation, alteration or improve-
    42  ment of such property.
    43    (b)  "Project  labor  agreement"  shall  mean  a  pre-hire  collective
    44  bargaining  agreement  between  a  contractor  and a labor organization,
    45  establishing the labor organization as the collective bargaining  repre-
    46  sentative  for  all  persons  who  will perform work on the project, and
    47  which provides that only contractors and subcontractors who sign a  pre-
    48  negotiated  agreement  with  the  labor organization can perform project
    49  work.
    50    (c) "Ground lessee" shall mean the Fuller Road Management Corporation.
    51    § 7. Nothing in this act shall be deemed to waive or impair any rights
    52  or benefits of employees of the state university of New York that other-
    53  wise would be available to them pursuant  to  the  terms  of  agreements
    54  between the certified representatives of such employees and the state of
    55  New  York  pursuant to article 14 of the civil service law, and all work
    56  performed on such property that ordinarily would be performed by employ-

        A. 10456--A                         4
     1  ees subject to article 14 of the civil service law shall continue to  be
     2  performed by such employees.
     3    §  8. Notwithstanding the provisions of any general, special, or local
     4  law or judicial decision  to  the  contrary,  the  ground  lessee  shall
     5  require  the use of a project labor agreement, as defined in subdivision
     6  1 of section 222 of the labor law, for all contractors  and  subcontrac-
     7  tors  on  the project, consistent with paragraph (a) of subdivision 2 of
     8  section 222 of the labor law.
     9    § 9. Without limiting the determination of the terms and conditions of
    10  such contracts or leases, such terms  and  conditions  may  provide  for
    11  leasing,   subleasing,   construction,  reconstruction,  rehabilitation,
    12  improvement, operation and management of and provision of  services  and
    13  assistance  and  the  granting of licenses, easements and other arrange-
    14  ments with regard to such grounds and facilities by the  ground  lessee,
    15  and  parties  contracting with the ground lessee, and in connection with
    16  such activities, the obtaining of funding or financing,  whether  public
    17  or private, unsecured or secured (including, but not limited to, secured
    18  by  leasehold  mortgages  and  assignments  of rents and leases), by the
    19  ground lessee and parties contracting with the  ground  lessee  for  the
    20  purposes of completing the project described in this act.
    21    §  10.  Such  lease  shall  include an indemnity provision whereby the
    22  lessee or sublessee promises to indemnify, hold harmless and defend  the
    23  lessor  against all claims, suits, actions, and liability to all persons
    24  on the leased premises, including tenant, tenant's agents,  contractors,
    25  subcontractors,  employees,  customers,  guests, licensees, invitees and
    26  members of the public, for damage to any such person's property, whether
    27  real or personal, or for personal injuries arising out of  tenant's  use
    28  or occupation of the demised premises.
    29    §  11.  Any  construction  contracts entered into pursuant to this act
    30  between the ground lessee and parties contracting with the ground lessee
    31  shall be awarded by a competitive process.
    32    § 12. The property authorized by this act to be leased to  the  ground
    33  lessee is generally described as a parcel of real property with improve-
    34  ments  thereon consisting of a total of approximately 25.522 acres situ-
    35  ated on the campus of the state university of New York at Albany.    The
    36  description  in  this  section  of the parcel that may be made available
    37  pursuant to this act is not meant to be  a  legal  description,  but  is
    38  intended only to identify the parcel:
    39    Beginning  at  a concrete monument on the easterly highway boundary of
    40  interstate 87, also known as the  Adirondack  Northway,  at  its  inter-
    41  section  with  the  property division line between lands N/F of national
    42  grid on the south, and lands N/F of SUNY at Albany on  the  north,  said
    43  point being marked by a concrete monument, thence north 22° 06' 24" east
    44  along  said  highway boundary a distance of 66.07 feet to a point on the
    45  southerly highway boundary of Washington Avenue,
    46    Thence along said road boundary the following seven  (7)  courses  and
    47  distances:
    48    1. North 58° 55' 27" east, a distance of 260.28 feet to a point,
    49    2.  Along  a curve to the left having a radius of 1727.02 feet, an arc
    50  length of 128.41 feet, a chord bearing of north  59°  54'  49"  east,  a
    51  chord distance of 128.38 feet to a point,
    52    3. North 54° 22' 33" east, a distance of 308.02 feet to a point,
    53    4. North 52° 40' 20" east, a distance of 179.21 feet to a point,
    54    5. North 55° 09' 41" east, a distance of 308.26 feet to a point,

        A. 10456--A                         5
     1    6.  Along a curve to the right having a radius of 1186.05 feet, an arc
     2  length of 139.91 feet, a chord bearing of north  63°  31'  59"  east,  a
     3  chord distance of 139.83 feet to a point,
     4    7. North 80° 02' 14" east, a distance of 4.79 feet to a point,
     5    thence  through  said  lands  of SUNY at Albany the following five (5)
     6  courses and distances:
     7    1. South 52° 02' 44" east, a distance of 517.07 feet to a point,
     8    2. North 34° 27' 34" east, a distance of 16.93 feet to a point,
     9    3. South 51° 16' 56" east, a distance of 80.00 feet to a point,
    10    4. South 36° 22' 07" west, a distance of 1214.99 feet to  a  point  at
    11  its intersection with the first mentioned property division line between
    12  said lands of national grid and said lands of suny at albany,
    13    thence  along  said  property  division  line  the following eight (8)
    14  courses and distances:
    15    1. north 67° 15' 52" west, a distance of 745.88  feet  to  a  concrete
    16  monument, thence
    17    2.  north  52°  07'  07" west, a distance of 117.77 feet to a concrete
    18  monument with suny cap, thence
    19    3. south 37° 52' 53" west, a distance of  31.88  feet  to  a  concrete
    20  monument with suny cap, thence
    21    4.  north  67°  15'  52"  west, a distance of 82.87 feet to a concrete
    22  monument with suny cap, thence
    23    5. north 21° 06' 33" east, a distance  of  110.71  feet  to  a  point,
    24  thence
    25    6.  north  22°  23'  43"  east, a distance of 49.25 feet to a concrete
    26  monument, thence
    27    7. along a curve to the right having a radius of 70.00  feet,  an  arc
    28  length of 16.46 feet, a chord bearing of north 74° 13' 30" west, a chord
    29  distance of 16.42 feet to a point, thence
    30    8.  north  67°  46' 21" west, a distance of 64.66 feet to the point or
    31  place of beginning.
    32    Containing 1,111,738 sq. ft. (25.522 acres), more or less. Subject  to
    33  all existing easements and restrictions of record.
    34    § 13. The state university of New York shall not lease lands described
    35  in  this  act  unless any such lease shall be executed within 5 years of
    36  the effective date of this act.
    37    § 14. Insofar as the provisions of this act are inconsistent with  the
    38  provisions of any law, general, special or local, the provisions of this
    39  act shall be controlling.
    40    § 15. This act shall take effect immediately.
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