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See Summary
S T A T E O F N E W Y O R K
________________________________________________________________________
2020--C
2009-2010 Regular Sessions
I N S E N A T E
February 11, 2009
___________
Introduced by Sens. STACHOWSKI, THOMPSON, VOLKER, MAZIARZ, RANZENHOFER,
STAVISKY -- read twice and ordered printed, and when printed to be
committed to the Committee on Higher Education -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- reported
favorably from said committee and committed to the Committee on
Finance -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the education law, the public authorities law and the
general municipal law, in relation to authorizing tuition increases
for the State University of New York at Buffalo (Part A); to amend the
education law, in relation to the use of State University of New York
at Buffalo property (Part B); to amend the education law, the state
finance law and the tax law, in relation to the ability of the state
university trustees to purchase items and enter into contracts and
agreements (Part C); to amend the education law and the state finance
law, in relation to the distribution of money received from various
sources related to the State University of New York at Buffalo (Part
D); and to amend the education law, in relation to providing that
certain lease of the State University of New York at Buffalo need not
be submitted to the attorney general for his or her approval (Part E)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. This act shall be known and may be cited as the "UB 2020
2 flexibility and economic growth act".
3 S 2. Legislative findings and intent. The State University of New
4 York at Buffalo ranks as one of the foremost research academic insti-
5 tutions in New York, and has the potential to become a regional economic
6 engine. The University's UB 2020 initiative, through which it seeks to
7 increase enrollment, expand its research capabilities and revitalize its
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06068-06-9
S. 2020--C 2
1 campuses, can serve as the catalyst for re-energizing the western New
2 York economy and workforce development.
3 In light of the current condition of the western New York economy and
4 the State University of New York at Buffalo's desire to enhance its
5 academic research capabilities, the University is the ideal candidate to
6 pilot a number of reforms recently proposed by the New York State
7 commission on higher education. These proposals will require the state
8 of New York to maintain its current level of financial commitment to the
9 State University of New York at Buffalo.
10 Finally, the legislature intends to monitor the University at
11 Buffalo's implementation of these reforms, their impact in western New
12 York, and their potential for broader application. This monitoring
13 shall include the efforts by and on behalf of the University at Buffalo
14 to ensure a diverse workforce on UB 2020 capital projects.
15 S 3. This act enacts into law major components of legislation which
16 are necessary for the efficient and productive operation of the State
17 University of New York at Buffalo. Each component is wholly contained
18 within a Part identified as Parts A through E. The effective date or
19 dates for each particular provision contained within such Part are set
20 forth in the last section of such Part. Any provision in any section
21 contained within a Part, including the effective date of the Part, which
22 makes reference to a section "of this act", when used in connection with
23 that particular component, shall be deemed to mean and refer to the
24 corresponding section of the Part in which it is found.
25 PART A
26 Section 1. Subparagraph 4 of paragraph h of subdivision 2 of section
27 355 of the education law, as amended by chapter 309 of the laws of 1996,
28 is amended to read as follows:
29 (4) [The] EXCEPT AS HEREINAFTER PROVIDED WITH RESPECT TO STUDENTS AT
30 THE STATE UNIVERSITY OF NEW YORK AT BUFFALO, THE trustees shall not
31 impose a differential tuition charge based upon need or income. [All]
32 EXCEPT AS HEREINAFTER PROVIDED WITH RESPECT TO STUDENTS AT THE STATE
33 UNIVERSITY OF NEW YORK AT BUFFALO, ALL students enrolled in programs
34 leading to like degrees at state-operated institutions of the state
35 university shall be charged a uniform rate of tuition except for differ-
36 ential tuition rates based on state residency. EXCEPT AS HEREINAFTER
37 PROVIDED WITH RESPECT TO STUDENTS AT THE STATE UNIVERSITY OF NEW YORK AT
38 BUFFALO, THE TRUSTEES SHALL NOT ADOPT CHANGES AFFECTING TUITION CHARGES
39 PRIOR TO THE ENACTMENT OF THE ANNUAL BUDGET. Provided, however, that the
40 trustees may authorize the presidents of the colleges of technology and
41 the colleges of agriculture and technology to set differing rates of
42 tuition for each of the colleges for students enrolled in degree-grant-
43 ing programs leading to an associate degree and non-degree granting
44 programs so long as such tuition rate does not exceed the tuition rate
45 charged to students who are enrolled in like degree programs or degree-
46 granting undergraduate programs leading to a baccalaureate degree at
47 other state-operated institutions of the state university of New York[.
48 The trustees shall not adopt changes affecting tuition charges prior to
49 the enactment of the annual budget.] AND PROVIDED FURTHER, THAT,
50 A. COMMENCING WITH THE TWO THOUSAND TEN--TWO THOUSAND ELEVEN ACADEMIC
51 YEAR, THE PRESIDENT OF THE STATE UNIVERSITY OF NEW YORK AT BUFFALO, IN
52 CONSULTATION WITH THE UNIVERSITY AT BUFFALO COUNCIL, IS AUTHORIZED TO
53 SET DIFFERING RATES OF TUITION BY PROGRAM AND, WITHIN EACH PROGRAM, BY
54 CLASS YEAR, FOR STUDENTS ENROLLED IN DEGREE GRANTING PROGRAMS AT THE
S. 2020--C 3
1 STATE UNIVERSITY OF NEW YORK AT BUFFALO WITHOUT THE PRIOR APPROVAL OF
2 THE TRUSTEES IN ACCORDANCE WITH THE FOLLOWING:
3 (I) TUITION FOR STUDENTS ENROLLED IN ANY PARTICULAR UNDERGRADUATE AND
4 GRADUATE DEGREE GRANTING PROGRAM, INCLUDING IN-STATE, OUT-OF-STATE,
5 FULL-TIME AND PART-TIME STUDENTS, MAY BE INCREASED EACH YEAR TO THE
6 PUBLIC INSTITUTION MEAN TUITION AS MOST RECENTLY REPORTED BY THE AMERI-
7 CAN ASSOCIATION OF UNIVERSITIES FOR EACH SUCH PROGRAM, PROVIDED, HOWEV-
8 ER, THAT EACH SUCH ANNUAL INCREASE MAY NOT EXCEED 1.5 TIMES THE PERCENT-
9 AGE INCREASE IN THE MOST RECENTLY PUBLISHED HIGHER EDUCATION PRICE INDEX
10 (HEPI) AS PROMULGATED BY THE COMMONFUND INSTITUTE.
11 (II) TUITION FOR STUDENTS ENROLLED IN PROFESSIONAL PROGRAMS INCLUDING,
12 BUT NOT LIMITED TO, DOCTOR OF MEDICINE, DOCTOR OF DENTISTRY, DOCTOR OF
13 NURSING PRACTICE, DOCTOR OF PHYSICAL THERAPY, JURIS DOCTOR, DOCTOR OF
14 PHARMACY AND MASTERS IN BUSINESS ADMINISTRATION, MAY BE INCREASED EACH
15 YEAR TO THE PUBLIC INSTITUTION MEAN TUITION AS MOST RECENTLY REPORTED BY
16 THE AMERICAN ASSOCIATION OF UNIVERSITIES FOR EACH SUCH PROGRAM,
17 PROVIDED, HOWEVER, THAT EACH SUCH ANNUAL INCREASE MAY NOT EXCEED FIFTEEN
18 PERCENT.
19 B. PROPOSED TUITION INCREASES FOR STUDENTS AT THE STATE UNIVERSITY OF
20 NEW YORK AT BUFFALO THAT EXCEED THE INCREASES DESCRIBED IN CLAUSE A OF
21 THIS SUBPARAGRAPH MUST BE APPROVED BY THE TRUSTEES PRIOR TO BEING IMPLE-
22 MENTED.
23 C. THE STATE OF NEW YORK AND THE STATE UNIVERSITY OF NEW YORK SHALL
24 DISREGARD ANY TUITION INCREASES FOR STUDENTS AT THE STATE UNIVERSITY OF
25 NEW YORK AT BUFFALO PURSUANT TO CLAUSE A OF THIS SUBPARAGRAPH IN DETER-
26 MINING ANY ANNUAL CORE INSTRUCTIONAL SUPPORT OR OTHER ANNUAL APPROPRI-
27 ATIONS TO BE PROVIDED TO EITHER THE STATE UNIVERSITY OF NEW YORK OR THE
28 STATE UNIVERSITY OF NEW YORK AT BUFFALO. IN AMPLIFICATION AND NOT IN
29 LIMITATION OF THE FOREGOING, NEITHER THE STATE OF NEW YORK NOR THE STATE
30 UNIVERSITY OF NEW YORK SHALL PROVIDE ANY INCREASES TO ANNUAL CORE
31 STATE-TAX FUNDED INSTRUCTIONAL SUPPORT, EMPLOYEE SALARY OR FRINGE BENE-
32 FIT PAYMENTS OR OTHER ANNUAL APPROPRIATIONS OF ANY KIND OR NATURE TO OR
33 ON BEHALF OF ANY OTHER SUNY UNIVERSITY CENTER (I.E., STATE UNIVERSITY OF
34 NEW YORK AT STONY BROOK, STATE UNIVERSITY OF NEW YORK AT ALBANY OR STATE
35 UNIVERSITY OF NEW YORK AT BINGHAMTON) OR ANY SUNY FOUR YEAR COLLEGE AT A
36 LEVEL, THAT IS, IN ANY WAY, INCONSISTENT WITH OR INFERIOR TO THE FUNDING
37 METHODS EMPLOYED FOR INCREASES IN ANNUAL CORE STATE-TAX FUNDED INSTRUC-
38 TIONAL SUPPORT, EMPLOYEE SALARY OR FRINGE BENEFIT PAYMENTS OR OTHER
39 APPROPRIATIONS OF ANY KIND OR NATURE MADE TO OR ON BEHALF OF THE STATE
40 UNIVERSITY OF NEW YORK AT BUFFALO. FURTHERMORE, UNTIL SUCH TIME AS THE
41 PROGRAM OBJECTIVES OF THE STATE UNIVERSITY OF NEW YORK AT BUFFALO'S UB
42 2020 INITIATIVE ARE ACHIEVED, NEITHER THE STATE OF NEW YORK NOR THE
43 STATE UNIVERSITY OF NEW YORK WILL REDUCE ANNUAL CORE STATE-TAX FUNDED
44 INSTRUCTIONAL SUPPORT, EMPLOYEE SALARY OR FRINGE BENEFIT PAYMENTS OR
45 OTHER APPROPRIATIONS OF ANY KIND OR NATURE MADE TO OR ON BEHALF OF THE
46 STATE UNIVERSITY OF NEW YORK AT BUFFALO SO AS TO CAUSE THE PROPORTIONATE
47 LEVEL OF SUPPORT, PAYMENTS AND APPROPRIATIONS FOR ANY OTHER SUNY UNIVER-
48 SITY CENTER (I.E., STATE UNIVERSITY OF NEW YORK AT STONY BROOK, STATE
49 UNIVERSITY OF NEW YORK AT ALBANY OR STATE UNIVERSITY OF NEW YORK AT
50 BINGHAMTON) OR ANY SUNY FOUR YEAR COLLEGE TO BE GREATER THAN THE LEVEL
51 OF SUCH SUPPORT, PAYMENTS AND APPROPRIATIONS AFFORDED THE STATE UNIVER-
52 SITY OF NEW YORK AT BUFFALO IN COMPARISON TO SUCH OTHER INSTITUTIONS FOR
53 THE TWO THOUSAND EIGHT--TWO THOUSAND NINE STATE FISCAL YEAR.
54 D. NOTWITHSTANDING ITEM (C) OF SUBCLAUSE ONE OF CLAUSE (A) OF SUBPARA-
55 GRAPH (I) OF PARAGRAPH (A) OF SUBDIVISION THREE OF SECTION SIX HUNDRED
56 SIXTY-SEVEN OF THIS TITLE, COMMENCING WITH THE TWO THOUSAND TEN--TWO
S. 2020--C 4
1 THOUSAND ELEVEN ACADEMIC YEAR, THE STATE OF NEW YORK SHALL CALCULATE
2 TUITION ASSISTANCE PROGRAM (TAP) PAYMENTS FOR STUDENTS AT THE STATE
3 UNIVERSITY OF NEW YORK AT BUFFALO USING THE APPLICABLE TUITION RATES FOR
4 STUDENTS AT THE STATE UNIVERSITY OF NEW YORK AT BUFFALO AS THE BASE TAP
5 AMOUNT FOR SUCH STUDENTS.
6 E. A PORTION OF THE NET TUITION REVENUE GENERATED BY THE TUITION
7 INCREASES DESCRIBED IN CLAUSE A OF THIS SUBPARAGRAPH, TO BE NOT LESS
8 THAN TEN PERCENT NOR MORE THAN TWENTY PERCENT OF SUCH NET TUITION REVEN-
9 UE, SHALL BE DIRECTED TO FINANCIAL AID PROGRAMS TO ASSIST
10 FINANCIALLY-DISADVANTAGED STUDENTS IN THE CORRESPONDING STATE UNIVERSITY
11 OF NEW YORK AT BUFFALO DEGREE GRANTING PROGRAM.
12 F. THE PRESIDENT OF THE STATE UNIVERSITY OF NEW YORK AT BUFFALO SHALL
13 PROVIDE, NO LATER THAN SEPTEMBER FIFTEENTH, PUBLIC NOTICE OF ANY TUITION
14 INCREASES FOR THE FOLLOWING ACADEMIC YEAR. SUCH NOTICE SHALL DESCRIBE
15 THE TUITION FOR EACH DEGREE PROGRAM, THE PLANS FOR UTILIZATION OF THE
16 REVENUE FROM THE INCREASED TUITION BY THE STATE UNIVERSITY OF NEW YORK
17 AT BUFFALO AND THE PROJECTED IMPACT OF THE TUITION INCREASES ON THE
18 ACCESS TO AND QUALITY OF THE AFFECTED DEGREE GRANTING PROGRAMS.
19 G. ALL MONEYS RECEIVED BY THE STATE UNIVERSITY OF NEW YORK AT BUFFALO
20 FOR TUITION INCREASES DESCRIBED IN CLAUSE A OF THIS SUBPARAGRAPH SHALL
21 NOT CONSTITUTE FUNDS OF THE STATE OF NEW YORK OR OF THE STATE UNIVERSITY
22 OF NEW YORK AND SHALL BE PAID INTO A FUND MAINTAINED BY THE COMPTROLLER
23 OF THE STATE UNIVERSITY OF NEW YORK AT BUFFALO TO BE USED BY THE STATE
24 UNIVERSITY OF NEW YORK AT BUFFALO FOR EXPENSES OF THE STATE UNIVERSITY
25 OF NEW YORK AT BUFFALO, WITHOUT THE NEED FOR ANY FURTHER APPROVAL,
26 APPROPRIATION OR AUTHORIZATION FROM THE STATE OF NEW YORK OR THE STATE
27 UNIVERSITY OF NEW YORK.
28 S 2. Paragraph (b) of subdivision 2 of section 1676 of the public
29 authorities law is amended by adding two new undesignated paragraphs to
30 read as follows:
31 THE STATE UNIVERSITY OF NEW YORK AT BUFFALO, IN CONNECTION WITH THE
32 FINANCING, REFINANCING, ACQUISITION, DESIGN, DEVELOPMENT, CONSTRUCTION,
33 RECONSTRUCTION, RENOVATION, REHABILITATION, IMPROVEMENT, EXPANSION,
34 FURNISHING AND EQUIPPING OF, OR OTHERWISE PROVIDING FOR ACADEMIC BUILD-
35 INGS, DORMITORIES, AND OTHER FACILITIES ON LANDS HELD BY THE STATE OF
36 NEW YORK FOR THE BENEFIT OF THE STATE UNIVERSITY OF NEW YORK AT BUFFALO
37 OR LANDS LEASED BY THE STATE OF NEW YORK OR THE STATE UNIVERSITY OF NEW
38 YORK AT BUFFALO FOR USE BY STUDENTS, FACULTY AND STAFF OF THE STATE
39 UNIVERSITY OF NEW YORK AT BUFFALO.
40 ANY STATE UNIVERSITY OF NEW YORK AT BUFFALO CAMPUS-RELATED FOUNDATION,
41 ALUMNI ASSOCIATION OR AFFILIATE THEREOF, ANY NOT-FOR-PROFIT CORPORATION
42 OR ASSOCIATION ORGANIZED BY THE PRESIDENT OR THE ALUMNI OF THE STATE
43 UNIVERSITY OF NEW YORK AT BUFFALO TO FURTHER ITS PURPOSES, OR ANY LIMIT-
44 ED LIABILITY COMPANY WHOSE SOLE MEMBER IS ANY ONE OF THE FOREGOING ENTI-
45 TIES, IN CONNECTION WITH THE FINANCING, REFINANCING, ACQUISITION,
46 DESIGN, DEVELOPMENT, CONSTRUCTION, RECONSTRUCTION, RENOVATION, REHABILI-
47 TATION, IMPROVEMENT, EXPANSION, FURNISHING AND EQUIPPING OF, OR OTHER-
48 WISE PROVIDING FOR, ACADEMIC BUILDINGS, DORMITORIES, AND OTHER FACILI-
49 TIES FOR THE USE OF STUDENTS, FACULTY AND STAFF OF THE STATE UNIVERSITY
50 OF NEW YORK AT BUFFALO.
51 S 3. Subdivision 1 of section 1680 of the public authorities law is
52 amended by adding two new undesignated paragraphs to read as follows:
53 THE STATE UNIVERSITY OF NEW YORK AT BUFFALO, IN CONNECTION WITH THE
54 FINANCING, REFINANCING, ACQUISITION, DESIGN, DEVELOPMENT, CONSTRUCTION,
55 RECONSTRUCTION, RENOVATION, REHABILITATION, IMPROVEMENT, EXPANSION,
56 FURNISHING AND EQUIPPING OF, OR OTHERWISE PROVIDING FOR, ACADEMIC BUILD-
S. 2020--C 5
1 INGS, DORMITORIES, AND OTHER FACILITIES ON LANDS HELD BY THE STATE OF
2 NEW YORK FOR THE BENEFIT OF THE STATE UNIVERSITY OF NEW YORK AT BUFFALO
3 OR LANDS LEASED BY THE STATE OF NEW YORK OR THE STATE UNIVERSITY OF NEW
4 YORK AT BUFFALO FOR USE BY STUDENTS, FACULTY AND STAFF OF THE STATE
5 UNIVERSITY OF NEW YORK AT BUFFALO.
6 ANY STATE UNIVERSITY OF NEW YORK AT BUFFALO CAMPUS-RELATED FOUNDATION,
7 ALUMNI ASSOCIATION OR AFFILIATE THEREOF, ANY NOT-FOR-PROFIT CORPORATION
8 OR ASSOCIATION ORGANIZED BY THE PRESIDENT OF THE STATE UNIVERSITY OF NEW
9 YORK AT BUFFALO TO FURTHER ITS PURPOSES, OR ANY LIMITED LIABILITY COMPA-
10 NY WHOSE SOLE MEMBER IS ANY ONE OF THE FOREGOING ENTITIES, IN CONNECTION
11 WITH THE FINANCING, REFINANCING, ACQUISITION, DESIGN, DEVELOPMENT,
12 CONSTRUCTION, RECONSTRUCTION, RENOVATION, REHABILITATION, IMPROVEMENT,
13 EXPANSION, FURNISHING AND EQUIPPING OF, OR OTHERWISE PROVIDING FOR,
14 ACADEMIC BUILDINGS, DORMITORIES, AND OTHER FACILITIES FOR THE USE OF
15 STUDENTS, FACULTY AND STAFF OF THE STATE UNIVERSITY OF NEW YORK AT
16 BUFFALO.
17 S 4. Any contracts awarded or entered into by the dormitory authority
18 pursuant to this act shall be deemed state contracts within the meaning
19 of that term as set forth in article 15-A of the executive law; and the
20 authority shall be deemed, for the purposes of this act, a contracting
21 agency as that term is used in article 15-A of the executive law.
22 S 5. Any contracts awarded or entered into by any State University of
23 New York at Buffalo campus related foundation, alumni association or
24 affiliate thereof, any not-for-profit corporation or association organ-
25 ized by the president of the State University of New York at Buffalo to
26 further its purposes, or any limited liability company whose sole member
27 is any of the foregoing entities, or by the State University of New
28 York, the State University Construction Fund, or the Dormitory Authority
29 of the State of New York, on behalf of the State University of New York
30 at Buffalo, for construction, reconstruction, renovation, rehabili-
31 tation, improvement or expansion at the State University of New York at
32 Buffalo shall not be subject to section 101 of the general municipal
33 law, section 103 of the general municipal law, section 135 of the state
34 finance law or subdivision 8 of section 376 of the education law,
35 provided the wages paid to workers employed under such contracts shall
36 comply with the requirements of section 220 of the labor law, the
37 construction, reconstruction, renovation, rehabilitation, improvement or
38 expansion to be effected under such contracts shall comply with sections
39 240 and 241 of the labor law and all contracts awarded or entered into
40 by any State University of New York at Buffalo campus related founda-
41 tion, alumni association or affiliate thereof; any not-for-profit corpo-
42 ration or association organized by the president of the State University
43 of New York at Buffalo to further its purposes, or any limited liability
44 company whose sole member is any of the foregoing entities, or the State
45 University of New York, the State University Construction Fund, the
46 Dormitory Authority of the State of New York, on behalf of the State
47 University of New York at Buffalo, for construction, reconstruction,
48 renovation, rehabilitation, improvement or expansion at the State
49 University of New York at Buffalo may be let pursuant to a competitive
50 selection process to be determined by the contracting entity, which may
51 consider factors other than cost alone, including, but not limited to an
52 evaluation by the contracting entity of, among other things, the
53 bidder's ability to provide maximum value at the lowest cost, the level
54 of experience of the bidder, and the bidder's ability to meet the minor-
55 ity and women workforce and business enterprise goals for the State
56 University of New York at Buffalo's UB 2020 initiative.
S. 2020--C 6
1 S 6. Any contracts awarded or entered into by any State University of
2 New York at Buffalo campus related foundation, alumni association or
3 affiliate thereof, any not-for-profit corporation or association organ-
4 ized by the president of the State University of New York at Buffalo to
5 further its purposes, or any limited liability company whose sole member
6 is any of the foregoing entities, or by the State University of New
7 York, the State University Construction Fund, or the Dormitory Authority
8 of the State of New York, on behalf of the State University of New York
9 at Buffalo, for construction, reconstruction, renovation, rehabili-
10 tation, improvement or expansion at the State University of New York at
11 Buffalo, for any single construction project exceeding $20 million in
12 the aggregate, for which more than twenty-five percent of such aggregate
13 amount is to be paid from appropriations furnished by either the State
14 of New York or the State University of New York, such construction,
15 reconstruction, renovation, rehabilitation, improvement or expansion at
16 the State University of New York at Buffalo shall be undertaken pursuant
17 to a project labor agreement, as defined in subdivision 1 of section 222
18 of the labor law, provided a study done by or for the contracting entity
19 determines that a project labor agreement will benefit such
20 construction, reconstruction, renovation, rehabilitation, improvement or
21 expansion through reduced risk of delay, potential cost savings or
22 potential reduction in the risk of labor unrest in light of any perti-
23 nent local history thereof. For purposes of applying the dollar thresh-
24 olds set forth in the preceding sentence, the term "single construction
25 project" shall mean any functionally-interdependent construction, recon-
26 struction, renovation, rehabilitation, improvement or expansion activity
27 associated with a single building, structure or improvement, including
28 all directly related infrastructure and site work in contemplation ther-
29 eof.
30 S 7. Before any contract is awarded or entered into by any State
31 University of New York at Buffalo campus related foundation, alumni
32 association or affiliate thereof, any not-for-profit corporation or
33 association organized by the president of the State University of New
34 York at Buffalo to further its purposes, or any limited liability compa-
35 ny whose sole member is any of the foregoing entities, or by the State
36 University of New York, the State University Construction Fund, or the
37 Dormitory Authority of the State of New York, on behalf of the State
38 University of New York at Buffalo, for construction, reconstruction,
39 renovation, rehabilitation, improvement or expansion at the State
40 University of New York at Buffalo, the State University of New York at
41 Buffalo shall create or cause to be created a diversity plan for UB 2020
42 capital projects and shall take or cause to be taken steps to ensure
43 that such diversity plan is successfully implemented on a program-wide
44 basis. The UB 2020 diversity plan shall include, at a minimum, targets
45 for workforce diversity, targets for retention of minority and women
46 owned businesses, retention of an independent monitor by or on behalf of
47 the State University of New York at Buffalo for all UB 2020 capital
48 projects and regular review of periodic reports from such independent
49 monthly monitor as to the attainment of the work force and business
50 diversity goals of the UB 2020 diversity plan.
51 S 8. Section 891-a of the general municipal law is amended by adding a
52 new subdivision 3 to read as follows:
53 3. IN ADDITION TO THE POWERS AND DUTIES NOW OR HEREAFTER CONFERRED BY
54 TITLE ONE OF ARTICLE EIGHTEEN-A OF THIS CHAPTER, NOTWITHSTANDING ANY
55 OTHER STATE OR LOCAL LAW TO THE CONTRARY, THE AGENCY SHALL HAVE THE
56 POWER TO PROVIDE FINANCIAL ASSISTANCE, INCLUDING, BUT NOT LIMITED TO,
S. 2020--C 7
1 THE ISSUANCE OF BONDS AND NOTES BY THE AGENCY, IN CONJUNCTION WITH THE
2 FINANCING, REFINANCING, ACQUISITION, DESIGN, DEVELOPMENT, CONSTRUCTION,
3 RECONSTRUCTION, RENOVATION, REHABILITATION, IMPROVEMENT, EXPANSION,
4 FURNISHING AND EQUIPPING OF, OR OTHERWISE PROVIDING FOR, ACADEMIC BUILD-
5 INGS, DORMITORIES AND OTHER FACILITIES FOR USE BY STUDENTS, FACULTY AND
6 STAFF OF THE STATE UNIVERSITY OF NEW YORK AT BUFFALO BY OR ON BEHALF OF
7 ANY STATE UNIVERSITY OF NEW YORK AT BUFFALO CAMPUS RELATED FOUNDATION,
8 ALUMNI ASSOCIATION OR AFFILIATE THEREOF, ANY NOT-FOR-PROFIT CORPORATION
9 OR ASSOCIATION ORGANIZED BY THE PRESIDENT OF THE STATE UNIVERSITY OF NEW
10 YORK AT BUFFALO TO FURTHER ITS PURPOSES, OR ANY LIMITED LIABILITY COMPA-
11 NY WHOSE SOLE MEMBER IS ANY OF THE FOREGOING ENTITIES.
12 S 9. The opening paragraph of section 914-a of the general municipal
13 law, as added by chapter 579 of the laws of 1973, is designated subdivi-
14 sion 1 and a new subdivision 2 is added to read as follows:
15 2. IN ADDITION TO THE POWERS AND DUTIES NOW OR HEREAFTER CONFERRED BY
16 TITLE ONE OF ARTICLE EIGHTEEN-A OF THIS CHAPTER, NOTWITHSTANDING ANY
17 OTHER STATE OR LOCAL LAW TO THE CONTRARY, THE AGENCY SHALL HAVE THE
18 POWER TO PROVIDE FINANCIAL ASSISTANCE, INCLUDING, BUT NOT LIMITED TO,
19 THE ISSUANCE OF BONDS AND NOTES BY THE AGENCY, IN CONJUNCTION WITH THE
20 FINANCING, REFINANCING, ACQUISITION, DESIGN, DEVELOPMENT, CONSTRUCTION,
21 RECONSTRUCTION, RENOVATION, REHABILITATION, IMPROVEMENT, EXPANSION,
22 FURNISHING AND EQUIPPING OF, OR OTHERWISE PROVIDING FOR, ACADEMIC BUILD-
23 INGS, DORMITORIES AND OTHER FACILITIES FOR USE BY STUDENTS, FACULTY AND
24 STAFF OF THE STATE UNIVERSITY OF NEW YORK AT BUFFALO BY OR ON BEHALF OF
25 ANY STATE UNIVERSITY OF NEW YORK AT BUFFALO CAMPUS RELATED FOUNDATION,
26 ALUMNI ASSOCIATION OR AFFILIATE THEREOF, ANY NOT-FOR-PROFIT CORPORATION
27 OR ASSOCIATION ORGANIZED BY THE PRESIDENT OF THE STATE UNIVERSITY OF NEW
28 YORK AT BUFFALO TO FURTHER ITS PURPOSES, OR ANY LIMITED LIABILITY COMPA-
29 NY WHOSE SOLE MEMBER IS ANY OF THE FOREGOING ENTITIES.
30 S 10. Subdivision 12 of section 373 of the education law, as added by
31 chapter 251 of the laws of 1962, is amended to read as follows:
32 12. To [make] PROCURE and execute contracts, lease agreements, and all
33 other instruments necessary or convenient for the exercise of its corpo-
34 rate powers and the fulfillment of its corporate purposes under this
35 article. NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, ALL SUCH FUND
36 PROCUREMENTS ON BEHALF OF THE STATE UNIVERSITY OF NEW YORK AT BUFFALO
37 SHALL BE SUBJECT ONLY TO PROCUREMENT GUIDELINES THAT ARE ANNUALLY
38 ADOPTED BY THE FUND TRUSTEES, WHICH SHALL SUBSTANTIALLY CONFORM TO THE
39 PROVISIONS OF TITLE FOUR OF ARTICLE NINE OF THE PUBLIC AUTHORITIES LAW;
40 S 11. Section 373 of the education law is amended by adding a new
41 subdivision 20 to read as follows:
42 20. TO DESIGN, CONSTRUCT, ACQUIRE, RECONSTRUCT, REHABILITATE AND
43 IMPROVE ACADEMIC BUILDINGS, DORMITORIES AND OTHER FACILITIES FOR USE BY
44 STUDENTS, FACULTY AND STAFF OF THE STATE UNIVERSITY OF NEW YORK AT
45 BUFFALO USING ANY PROJECT DELIVERY METHOD, INCLUDING BUT NOT LIMITED TO,
46 DESIGN/BID/BUILD, DESIGN/BUILD OR CONSTRUCTION MANAGER AT RISK, THAT
47 WILL ASSIST THE FUND IN FULFILLING ITS PURPOSES UNDER SECTION THREE
48 HUNDRED SEVENTY-TWO OF THIS ARTICLE.
49 S 12. Subdivisions 9 and 10 of section 376 of the education law are
50 renumbered subdivisions 10 and 11 and a new subdivision 9 is added to
51 read as follows:
52 9. ALL CONTRACTS WHICH ARE TO BE AWARDED PURSUANT TO THIS SUBDIVISION
53 ON BEHALF OF THE STATE UNIVERSITY OF NEW YORK AT BUFFALO SHALL BE
54 AWARDED PURSUANT TO PROCUREMENT GUIDELINES ADOPTED BY THE FUND TRUSTEES
55 IN ACCORDANCE WITH SECTION FIVE OF PART A OF THE CHAPTER OF THE LAWS OF
56 TWO THOUSAND NINE THAT ADDED THIS SUBDIVISION OR BY PUBLIC LETTING IN
S. 2020--C 8
1 ACCORDANCE WITH THE FOLLOWING PROVISIONS, NOTWITHSTANDING ANY CONTRARY
2 PROVISION OF SECTION ONE HUNDRED TWELVE, ONE HUNDRED THIRTY-FIVE, ONE
3 HUNDRED THIRTY-SIX, ONE HUNDRED THIRTY-NINE OR ONE HUNDRED FORTY OF THE
4 STATE FINANCE LAW OR ANY OTHER LAW, PROVIDED, HOWEVER, THAT WHERE THE
5 ESTIMATED EXPENSE OF ANY CONTRACT WHICH MAY BE AWARDED PURSUANT TO THIS
6 SUBDIVISION IS LESS THAN TWO HUNDRED FIFTY THOUSAND DOLLARS, A PERFORM-
7 ANCE BOND AND A BOND FOR THE PAYMENT OF LABOR AND MATERIAL MAY, IN THE
8 DISCRETION OF THE FUND, NOT BE REQUIRED, AND EXCEPT THAT IN THE
9 DISCRETION OF THE FUND, A CONTRACT MAY BE ENTERED INTO FOR SUCH PURPOSES
10 WITHOUT PUBLIC LETTING WHERE THE ESTIMATED EXPENSE THEREOF IS LESS THAN
11 TWENTY THOUSAND DOLLARS, OR WHERE IN THE JUDGMENT OF THE FUND AN EMER-
12 GENCY CONDITION EXISTS AS A RESULT OF DAMAGE TO AN EXISTING ACADEMIC
13 BUILDING, DORMITORY OR OTHER FACILITY WHICH HAS BEEN CAUSED BY AN ACT OF
14 GOD, FIRE OR OTHER CASUALTY, OR ANY OTHER UNANTICIPATED, SUDDEN AND
15 UNEXPECTED OCCURRENCE, THAT HAS RESULTED IN DAMAGE TO OR A MALFUNCTION
16 IN AN EXISTING ACADEMIC BUILDING, DORMITORY OR OTHER FACILITY AND
17 INVOLVES A PRESSING NECESSITY FOR IMMEDIATE REPAIR, RECONSTRUCTION OR
18 MAINTENANCE IN ORDER TO PERMIT THE SAFE CONTINUATION OF THE USE OR FUNC-
19 TION OF SUCH FACILITY, OR TO PROTECT THE FACILITY OR THE LIFE, HEALTH OR
20 SAFETY OF ANY PERSON, AND THE NATURE OF THE WORK IS SUCH THAT IN THE
21 JUDGMENT OF THE FUND IT WOULD BE IMPRACTICAL AND AGAINST THE PUBLIC
22 INTEREST TO HAVE THE PUBLIC LETTING; PROVIDED, HOWEVER, THAT THE FUND,
23 PRIOR TO AWARDING A CONTRACT HEREUNDER BECAUSE OF AN EMERGENCY CONDITION
24 NOTIFY THE COMPTROLLER OF ITS INTENT TO AWARD SUCH A CONTRACT:
25 A. THE LETTING AGENCY SHALL ADVERTISE THE INVITATION TO BID OR THE
26 REQUEST FOR PROPOSALS IN A NEWSPAPER PUBLISHED IN THE CITY OF BUFFALO
27 AND IN SUCH OTHER NEWSPAPERS AS WILL BE MOST LIKELY IN ITS OPINION TO
28 GIVE ADEQUATE NOTICE TO CONTRACTORS OF THE WORK REQUIRED PROVIDED,
29 HOWEVER, THAT WHERE THE ESTIMATED EXPENSE OF ANY CONTRACT WHICH MAY BE
30 AWARDED PURSUANT TO THIS SUBDIVISION IS LESS THAN TWO HUNDRED FIFTY
31 THOUSAND DOLLARS, THE LETTING AGENCY MAY ADVERTISE THE INVITATION TO BID
32 SOLELY THROUGH THE PROCUREMENT OPPORTUNITIES NEWSLETTER PUBLISHED PURSU-
33 ANT TO SECTION ONE HUNDRED FORTY-TWO OF THE ECONOMIC DEVELOPMENT LAW.
34 THE INVITATION TO BID OR REQUEST FOR PROPOSALS SHALL CONTAIN SUCH INFOR-
35 MATION AS THE LETTING AGENCY SHALL DEEM APPROPRIATE.
36 B. THE LETTING AGENCY SHALL NOT AWARD ANY CONTRACT AFTER PUBLIC
37 BIDDING EXCEPT TO THE LOWEST BIDDER WHO IN ITS OPINION IS QUALIFIED TO
38 PERFORM THE WORK REQUIRED AND IS RESPONSIBLE AND RELIABLE. THE LETTING
39 AGENCY MAY, HOWEVER, REJECT ANY OR ALL BIDS, AGAIN ADVERTISE FOR BIDS,
40 OR WAIVE ANY INFORMALITY IN A BID IF IT BELIEVES THAT THE PUBLIC INTER-
41 EST WILL BE PROMOTED THEREBY.
42 C. THE INVITATION TO BID, REQUEST FOR PROPOSALS AND THE CONTRACT
43 AWARDED SHALL CONTAIN SUCH OTHER TERMS AND CONDITIONS, AND SUCH
44 PROVISIONS FOR PENALTIES, AS THE LETTING AGENCY MAY DEEM DESIRABLE.
45 D. ANY CONTRACT AWARDED PURSUANT TO THIS SUBDIVISION SHALL CONTAIN A
46 CLAUSE THAT THE CONTRACT SHALL BE DEEMED EXECUTORY TO THE EXTENT OF THE
47 MONEYS AVAILABLE AND THAT NO LIABILITY SHALL BE INCURRED BY THE FUND
48 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. 2020--C 9
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 S 13. The president of the State University of New York at Buffalo
4 shall report every January first to the governor, and the temporary
5 president of the senate and the speaker of the assembly on the effec-
6 tiveness of the reforms enacted in this legislation. Specifically, the
7 report shall address, the University at Buffalo's progress in competing
8 with the top academic research institutions; the impact of the Universi-
9 ty at Buffalo's efforts to increase the well being of western New York's
10 economy including efforts to rebuild the downtown city of Buffalo,
11 progress in increasing with local vendors, especially women and minority
12 owned businesses; whether the minority and women workforce and business
13 enterprise goals set forth in the UB 2020 diversity plan were attained
14 during the preceding year and the impact of tuition increases and
15 efforts to ensure affordable access for economically deprived students.
16 S 14. This act shall take effect immediately.
17 PART B
18 Section 1. Paragraph a of subdivision 2 of section 355 of the educa-
19 tion law, as amended by chapter 552 of the laws of 1985, is amended to
20 read as follows:
21 a. To take, hold and administer on behalf of the state university or
22 any institution therein, real and personal property or any interest
23 therein and the income thereof either absolutely or in trust for any
24 educational or other purpose within the jurisdiction and corporate
25 purposes of the state university, AND, WITH RESPECT TO ANY PROPERTY
26 UTILIZED BY OR COMPRISING ANY PART OF THE CAMPUSES OF THE STATE UNIVER-
27 SITY OF NEW YORK AT BUFFALO, TO DISPOSE OF SUCH PROPERTY IN SUCH MANNER
28 AND UPON SUCH TERMS AS THE TRUSTEES SHALL DETERMINE. THE TRUSTEES SHALL
29 ALLOW AND REGULATE THE USE OF SUCH PROPERTY FOR OTHER THAN THE CORPORATE
30 PURPOSES OF THE STATE UNIVERSITY OF NEW YORK AT BUFFALO, BY PERMIT,
31 LEASE, LICENSE OR OTHER AGREEMENT, FOR PERIODS NOT TO EXCEED TEN YEARS,
32 AND PRESCRIBE THE FEES, IF ANY, THAT PERSONS, ASSOCIATIONS AND CORPO-
33 RATIONS ALLOWED THE USE OF SUCH PROPERTY SHALL PAY. The trustees may
34 acquire property for such purposes by purchase, appropriation or lease
35 and by the acceptance of gifts, grants, bequests and devises, and, with-
36 in appropriations made therefor, may equip and furnish buildings and
37 otherwise improve property owned, used or occupied by the state univer-
38 sity or any institution therein. THE TRUSTEES MAY ACQUIRE PROPERTY FOR
39 OR ON BEHALF OF THE STATE UNIVERSITY OF NEW YORK AT BUFFALO BY THE
40 ACCEPTANCE OF CONDITIONAL GIFTS, GRANTS, DEVISES OR BEQUESTS, THE
41 PROVISIONS OF SECTION ELEVEN OF THE STATE FINANCE LAW NOTWITHSTANDING.
42 Where real property is to be acquired by purchase or appropriation, such
43 acquisition shall be in accordance with the provisions of section three
44 hundred seven of this chapter except that the powers and duties in said
45 section mentioned to be performed by the commissioner [of education]
46 shall be performed by the state university trustees. THE PROVISIONS OF
47 SECTIONS THREE, THIRTY-A, AND THIRTY-THREE OF THE PUBLIC LANDS LAW
48 NOTWITHSTANDING, THE TRUSTEES MAY PROVIDE FOR THE SALE, LEASE, TRANSFER
49 OR CONVEYANCE OF STATE-OWNED REAL PROPERTY UNDER THE JURISDICTION OF THE
50 STATE UNIVERSITY COMPRISING ANY PART OF THE CAMPUSES OF THE STATE
51 UNIVERSITY OF NEW YORK AT BUFFALO IN SUCH MANNER AND UPON SUCH TERMS AS
52 THE TRUSTEES SHALL DETERMINE. THE FOREGOING NOTWITHSTANDING, THE TRUS-
53 TEES MAY PROVIDE FOR THE LEASE OF SUCH REAL PROPERTY FOR PERIODS NOT TO
54 EXCEED FIFTY YEARS IN SUPPORT OF THE EDUCATIONAL AND OTHER CORPORATE
S. 2020--C 10
1 PURPOSES OF THE STATE UNIVERSITY OF NEW YORK AT BUFFALO, UNLESS THE
2 SUBJECT PROJECT IS IN CONFLICT WITH THE MISSION OF THE STATE UNIVERSITY
3 OF NEW YORK AT BUFFALO, INCLUDING BUT NOT LIMITED TO THE DEVELOPMENT AND
4 OPERATION OF RESEARCH, INCUBATOR, COMMUNITY, HEALTH CARE, RETAIL, FOOD
5 SERVICE, TELECOMMUNICATION, STUDENT AND FACULTY HOUSING, ENERGY, GOVERN-
6 MENTAL, SENIOR COMMUNITY, HOTEL, CONFERENCE CENTER AND RECREATIONAL
7 FACILITIES, AND FOR THE PURPOSE OF MAXIMIZING THE USE OF NATURAL
8 RESOURCES; PROVIDED, HOWEVER, THE PRESIDENT OF THE STATE UNIVERSITY OF
9 NEW YORK AT BUFFALO SHALL PROVIDE NOTICE OF ANY SUCH LEASE TO THE CHAIRS
10 OF THE SENATE FINANCE COMMITTEE AND THE ASSEMBLY WAYS AND MEANS COMMIT-
11 TEE AND TO THE DIRECTOR OF THE BUDGET AT LEAST THIRTY DAYS PRIOR TO
12 EXECUTING SUCH LEASE. THE PROVISIONS OF SECTION ONE HUNDRED SIXTY-SEVEN
13 OF THE STATE FINANCE LAW NOTWITHSTANDING, THE TRUSTEES MAY PROVIDE FOR
14 THE SALE, LEASE, TRANSFER OR CONVEYANCE OF PERSONAL PROPERTY UNDER THE
15 CUSTODY AND CONTROL OF THE STATE UNIVERSITY OF NEW YORK AT BUFFALO IN
16 SUCH MANNER AND UPON SUCH TERMS AS THE TRUSTEES SHALL DETERMINE. THE
17 PROVISIONS OF SECTION TWENTY-THREE OF THE PUBLIC LANDS LAW AND SECTION
18 ONE HUNDRED SIXTY-SEVEN OF THE STATE FINANCE LAW NOTWITHSTANDING, THE
19 PROCEEDS FROM THE SALE, LEASE, TRANSFER OR CONVEYANCE OF STATE-OWNED
20 REAL PROPERTY COMPRISING ANY PART OF THE CAMPUSES OF THE STATE UNIVERSI-
21 TY OF NEW YORK AT BUFFALO OR OF PERSONAL PROPERTY UNDER THE CUSTODY AND
22 CONTROL OF THE STATE UNIVERSITY OF NEW YORK AT BUFFALO SHALL BE RETAINED
23 BY THE STATE UNIVERSITY OF NEW YORK AT BUFFALO AND SHALL BE USED BY THE
24 STATE UNIVERSITY OF NEW YORK AT BUFFALO FOR EXPENSES OF THE STATE
25 UNIVERSITY OF NEW YORK AT BUFFALO.
26 S 2. Paragraph s of subdivision 2 of section 355 of the education law,
27 as amended by chapter 552 of the laws of 1985, is amended to read as
28 follows:
29 s. To lease or make available to the state university construction
30 fund, the dormitory authority or other public benefit corporation, the
31 New York state teachers' retirement system [or], the New York state
32 employees' retirement system OR, IN THE CASE OF STATE-OWNED REAL PROPER-
33 TY COMPRISING ANY PART OF THE CAMPUSES OF THE STATE UNIVERSITY OF NEW
34 YORK AT BUFFALO, ANY OTHER PUBLIC OR PRIVATE FOR-PROFIT OR NON-PROFIT
35 ENTITY, INCLUDING, BUT NOT LIMITED TO, A LOCAL DEVELOPMENT CORPORATION
36 ORGANIZED UNDER SECTION ONE THOUSAND FOUR HUNDRED ELEVEN OF THE
37 NOT-FOR-PROFIT CORPORATION LAW OR AN INDUSTRIAL DEVELOPMENT AGENCY
38 ORGANIZED UNDER ARTICLE EIGHTEEN-A OF THE GENERAL MUNICIPAL LAW, a
39 portion of the grounds or real property occupied by a state-operated
40 institution or statutory or contract college for the construction,
41 acquisition, reconstruction, rehabilitation or improvement of academic
42 buildings, dormitories or other facilities thereon pursuant to article
43 eight-A of this chapter and for the purpose of facilitating such
44 construction, acquisition, reconstruction, rehabilitation or improve-
45 ment, to enter into leases and agreements for the use of any such
46 academic building, dormitory or other facility in accordance with the
47 provisions of section three hundred seventy-eight of this chapter;
48 provided, however, that nothing herein contained shall affect the
49 provisions of any lease or agreement heretofore executed by the state
50 university with the dormitory authority. The state university trustees
51 may also enter into agreements with the state university construction
52 fund, the dormitory authority or other public benefit corporation, the
53 New York state teachers' retirement system [or], the New York state
54 employees' retirement system AND, IN THE CASE OF STATE-OWNED REAL PROP-
55 ERTY COMPRISING ANY PART OF THE CAMPUSES OF THE STATE UNIVERSITY OF NEW
56 YORK AT BUFFALO, WITH ANY OTHER PUBLIC OR PRIVATE FOR-PROFIT OR NON-PRO-
S. 2020--C 11
1 FIT ENTITY, INCLUDING, BUT NOT LIMITED TO A LOCAL DEVELOPMENT CORPO-
2 RATION ORGANIZED UNDER SECTION ONE THOUSAND FOUR HUNDRED ELEVEN OF THE
3 NOT-FOR-PROFIT CORPORATION LAW OR AN INDUSTRIAL DEVELOPMENT AGENCY
4 ORGANIZED UNDER ARTICLE EIGHTEEN-A OF THE GENERAL MUNICIPAL LAW, to
5 furnish heat from a central heating plant to any academic building,
6 dormitory or other facility erected by them or with moneys supplied by
7 them. Any such academic building, dormitory or other facility shall not
8 be subject to taxation for any purpose.
9 S 3. Subdivision 2 of section 355 of the education law is amended by
10 adding a new paragraph y to read as follows:
11 Y. IN CONNECTION WITH PUBLIC-PRIVATE PARTNERSHIPS IN SUPPORT OF THE
12 CORPORATE PURPOSES OF THE STATE UNIVERSITY OF NEW YORK AT BUFFALO,
13 INCLUDING, WITHOUT LIMITATION, THE STATE UNIVERSITY OF NEW YORK AT
14 BUFFALO'S UB 2020 INITIATIVE, TO PARTICIPATE IN JOINT AND COOPERATIVE
15 ARRANGEMENTS WITH PUBLIC, NON-PROFIT AND BUSINESS ENTITIES AS PARTNERS,
16 JOINT VENTURERS, MEMBERS OF NON-PROFIT CORPORATIONS, MEMBERS OF LIMITED
17 LIABILITY COMPANIES AND SHAREHOLDERS OF BUSINESS CORPORATIONS. THE STATE
18 UNIVERSITY'S PARTICIPATION ON BEHALF OF THE STATE UNIVERSITY OF NEW YORK
19 AT BUFFALO SHALL BE SUBJECT TO GUIDELINES OF THE STATE UNIVERSITY WITH
20 RESPECT TO CONFLICTS OF INTEREST AND TO ARTICLE FOURTEEN OF THE CIVIL
21 SERVICE LAW AND THE APPLICABLE PROVISIONS OF AGREEMENTS BETWEEN THE
22 STATE AND EMPLOYEE ORGANIZATIONS PURSUANT TO ARTICLE FOURTEEN OF THE
23 CIVIL SERVICE LAW. NOTWITHSTANDING ANY INCONSISTENT PROVISION IN SECTION
24 EIGHT OF THE COURT OF CLAIMS ACT, THE STATE UNIVERSITY MAY INCLUDE IN A
25 CONTRACT RELATING TO SUCH PARTICIPATION, OTHER THAN A CONTRACT WITH
26 STATE EMPLOYEES RELATING TO TERMS AND CONDITIONS OF THEIR EMPLOYMENT, A
27 PROVISION THAT SOME OR ALL DISPUTES ARISING UNDER OR RELATED TO SUCH
28 CONTRACT SHALL BE RESOLVED BY BINDING ARBITRATION IN ACCORDANCE WITH THE
29 RULES OF A NATIONALLY-RECOGNIZED ARBITRATION ASSOCIATION. NOTHING
30 CONTAINED IN THE PUBLIC OFFICERS LAW OR IN ANY OTHER LAW, RULE OR REGU-
31 LATION, SHALL BE CONSTRUED OR APPLIED TO PROHIBIT STATE UNIVERSITY OF
32 NEW YORK AT BUFFALO OFFICERS AND EMPLOYEES FROM ENGAGING IN ACTIVITIES
33 FOR WHICH NO COMPENSATION IS PAID AS DESIGNEES OF THE STATE UNIVERSITY
34 OF NEW YORK AT BUFFALO IN CONNECTION WITH SUCH JOINT AND COOPERATIVE
35 ARRANGEMENTS, INCLUDING SERVING AS DESIGNEES OF THE STATE UNIVERSITY AS
36 MEMBERS, SHAREHOLDERS OR AS DIRECTORS ON BOARDS OR OTHER GOVERNING
37 BODIES OF CORPORATIONS OR OTHER ENTITIES.
38 S 4. This act shall take effect immediately.
39 PART C
40 Section 1. Section 355 of the education law is amended by adding two
41 new subdivisions 20 and 21 to read as follows:
42 20. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO OF SECTION ONE
43 HUNDRED TWELVE AND SECTIONS ONE HUNDRED FIFTEEN, ONE HUNDRED SIXTY-ONE
44 AND ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW AND SECTIONS THREE
45 AND SIX OF THE NEW YORK STATE PRINTING AND PUBLIC DOCUMENTS LAW OR ANY
46 OTHER LAW TO THE CONTRARY, THE STATE UNIVERSITY TRUSTEES ARE AUTHORIZED
47 AND EMPOWERED ON BEHALF OF OR WITH RESPECT TO THE STATE UNIVERSITY OF
48 NEW YORK AT BUFFALO TO:
49 A. (I) PURCHASE MATERIALS, EQUIPMENT AND SUPPLIES, INCLUDING COMPUTER
50 EQUIPMENT AND MOTOR VEHICLES, (II) EXECUTE CONTRACTS FOR SERVICES,
51 PERMITS, LICENSES, LEASES, CONTRACTS FOR THE PURCHASE OR SALE OF REAL
52 PROPERTY, AND CONSTRUCTION CONTRACTS, AND (III) CONTRACT FOR PRINTING,
53 WITHOUT PRIOR APPROVAL BY ANY OTHER STATE OFFICER OR AGENCY IN ACCORD-
54 ANCE WITH GUIDELINES, RULES OR REGULATIONS PROMULGATED BY THE STATE
S. 2020--C 12
1 UNIVERSITY BOARD OF TRUSTEES. GUIDELINES, RULES, OR REGULATIONS PROMUL-
2 GATED BY THE STATE UNIVERSITY BOARD OF TRUSTEES SHALL, TO THE EXTENT
3 PRACTICABLE, REQUIRE THAT COMPETITIVE PROPOSALS BE SOLICITED FOR
4 PURCHASES, AND SHALL INCLUDE REQUIREMENTS THAT PURCHASES AND CONTRACTS
5 AUTHORIZED UNDER THIS SECTION BE AT THE LOWEST AVAILABLE PRICE, INCLUD-
6 ING CONSIDERATION OF PRICES AVAILABLE THROUGH OTHER STATE AGENCIES,
7 CONSISTENT WITH QUALITY REQUIREMENTS, AND AS WILL BEST PROMOTE THE
8 PUBLIC INTEREST. SUCH PURCHASES MAY BE MADE DIRECTLY FROM ANY CONTRACTOR
9 PURSUANT TO ANY CONTRACT FOR COMMODITIES LET BY THE OFFICE OF GENERAL
10 SERVICES OR ANY OTHER STATE AGENCY;
11 B. ESTABLISH CASH ADVANCE ACCOUNTS FOR THE PURPOSE OF PURCHASING
12 MATERIALS, SUPPLIES, OR SERVICES, FOR CASH ADVANCES FOR TRAVEL EXPENSES
13 AND PER DIEM ALLOWANCES, OR FOR ADVANCE PAYMENT OF WAGES AND SALARY. THE
14 ACCOUNT MAY BE USED TO PURCHASE SUCH MATERIALS, SUPPLIES, OR SERVICES
15 WHERE THE AMOUNT OF A SINGLE PURCHASE DOES NOT EXCEED TWO HUNDRED FIFTY
16 DOLLARS, IN ACCORDANCE WITH SUCH GUIDELINES AS SHALL BE PRESCRIBED BY
17 THE STATE UNIVERSITY TRUSTEES.
18 C. ESTABLISH GUIDELINES IN CONSULTATION WITH THE COMMISSIONER OF
19 GENERAL SERVICES AUTHORIZING PARTICIPATION BY THE STATE UNIVERSITY OF
20 NEW YORK AT BUFFALO IN PROGRAMS ADMINISTERED BY THE OFFICE OF GENERAL
21 SERVICES FOR THE PURCHASE OF AVAILABLE NEW YORK STATE FOOD PRODUCTS. THE
22 COMMISSIONER OF GENERAL SERVICES SHALL PROVIDE ASSISTANCE TO THE STATE
23 UNIVERSITY OF NEW YORK AT BUFFALO NECESSARY TO ENABLE THE STATE UNIVER-
24 SITY OF NEW YORK AT BUFFALO TO PARTICIPATE IN THESE PROGRAMS.
25 21. TO ENTER INTO ANY CONTRACT OR AGREEMENT DEEMED NECESSARY OR ADVIS-
26 ABLE AFTER CONSULTATION WITH APPROPRIATE STATE AGENCIES FOR CARRYING OUT
27 THE OBJECTS AND PURPOSES OF STATE UNIVERSITY OF NEW YORK AT BUFFALO
28 WITHOUT PRIOR REVIEW OR APPROVAL BY ANY STATE OFFICER OR AGENCY INCLUD-
29 ING ENERGY PERFORMANCE CONTRACTS (AS DEFINED IN SECTION 9-102 OF THE
30 ENERGY LAW), ENERGY PROCUREMENT OR SUPPLY CONTRACTS, CONTRACTS OR AGREE-
31 MENTS WITH NON-PROFIT CORPORATIONS ORGANIZED BY OFFICERS, EMPLOYEES,
32 ALUMNI OR STUDENTS OF THE STATE UNIVERSITY OF NEW YORK AT BUFFALO FOR
33 THE FURTHERANCE OF ITS OBJECTS AND PURPOSES, AS WELL AS CONTRACTS OR
34 AGREEMENTS WITH ANY STATE UNIVERSITY OF NEW YORK AT BUFFALO CAMPUS-RE-
35 LATED FOUNDATION, ALUMNI ASSOCIATION OR AFFILIATE THEREOF, ANY NON-PRO-
36 FIT CORPORATION OR ASSOCIATION ORGANIZED BY THE PRESIDENT OF THE STATE
37 UNIVERSITY OF NEW YORK AT BUFFALO TO FURTHER ITS PURPOSES OR ANY LIMITED
38 LIABILITY COMPANY, WHOSE SOLE MEMBER IS ANY OF THE FOREGOING ENTITIES
39 FOR THE FURTHERANCE OF THE OBJECTS AND PURPOSES OF THE STATE UNIVERSITY
40 OF NEW YORK AT BUFFALO, INCLUDING, WITHOUT LIMITATION, THE STATE UNIVER-
41 SITY OF NEW YORK AT BUFFALO'S UB 2020 INITIATIVE. CONTRACTS OR AGREE-
42 MENTS ENTERED INTO WITH THE FEDERAL GOVERNMENT TO ENABLE PARTICIPATION
43 IN FEDERAL STUDENT LOAN PROGRAMS, INCLUDING ANY AND ALL INSTRUMENTS
44 REQUIRED THEREUNDER, SHALL NOT BE SUBJECT TO THE REQUIREMENTS OF SECTION
45 FORTY-ONE OF THE STATE FINANCE LAW; PROVIDED, HOWEVER, THAT THE STATE
46 SHALL NOT BE LIABLE FOR ANY PORTION OF ANY DEFAULTS WHICH IT HAS AGREED
47 TO ASSUME PURSUANT TO ANY SUCH AGREEMENT IN AN AMOUNT IN EXCESS OF MONEY
48 APPROPRIATED OR OTHERWISE LAWFULLY AVAILABLE THEREFOR AT THE TIME THE
49 LIABILITY FOR PAYMENT ARISES.
50 S 2. Subdivisions 2 and 3 of section 112 of the state finance law, as
51 amended by chapter 319 of the laws of 1992, paragraph (a) of subdivision
52 2 as amended by section 2 of part D of chapter 56 of the laws of 2006,
53 are amended to read as follows:
54 2. (a) Before any contract made for or by any state agency, depart-
55 ment, board, officer, commission, or institution, except the office of
56 general services AND THE STATE UNIVERSITY OF NEW YORK ACTING ON BEHALF
S. 2020--C 13
1 OF OR WITH RESPECT TO THE STATE UNIVERSITY OF NEW YORK AT BUFFALO, shall
2 be executed or become effective, whenever such contract exceeds fifty
3 thousand dollars in amount and before any contract made for or by the
4 office of general services shall be executed or become effective, when-
5 ever such contract exceeds eighty-five thousand dollars in amount, it
6 shall first be approved by the comptroller and filed in his or her
7 office, provided, however, that the comptroller shall make a final writ-
8 ten determination with respect to approval of such contract within nine-
9 ty days of the submission of such contract to his or her office unless
10 the comptroller shall notify, in writing, the state agency, department,
11 board, officer, commission, or institution, prior to the expiration of
12 the ninety day period, and for good cause, of the need for an extension
13 of not more than fifteen days, or a reasonable period of time agreed to
14 by such state agency, department, board, officer, commission, or insti-
15 tution and provided, further, that such written determination or exten-
16 sion shall be made part of the procurement record pursuant to paragraph
17 f of subdivision one of section one hundred sixty-three of this chapter.
18 (b) Whenever any liability of any nature shall be incurred by or for
19 any state department, board, officer, commission, or institution OTHER
20 THAN THE STATE UNIVERSITY OF NEW YORK ACTING ON BEHALF OF OR WITH
21 RESPECT TO THE STATE UNIVERSITY OF NEW YORK AT BUFFALO, notice that such
22 liability has been incurred shall be immediately given in writing to the
23 state comptroller.
24 3. A contract or other instrument wherein the state or any of its
25 officers, agencies, boards or commissions OTHER THAN THE STATE UNIVERSI-
26 TY OF NEW YORK ACTING ON BEHALF OF OR WITH RESPECT TO THE STATE UNIVER-
27 SITY OF NEW YORK AT BUFFALO agrees to give a consideration other than
28 the payment of money, when the value or reasonably estimated value of
29 such consideration exceeds ten thousand dollars, shall not become a
30 valid enforceable contract unless such contract or other instrument
31 shall first be approved by the comptroller and filed in his office.
32 S 3. Paragraph a of subdivision 1 of section 139-j of the state
33 finance law, as added by chapter 1 of the laws of 2005, is amended to
34 read as follows:
35 a. "Governmental entity" shall mean: (1) any department, board,
36 bureau, commission, division, office, council, committee or officer of
37 the state, whether permanent or temporary, OTHER THAN THE STATE UNIVER-
38 SITY OF NEW YORK ACTING ON BEHALF OF OR WITH RESPECT TO THE STATE
39 UNIVERSITY OF NEW YORK AT BUFFALO; (2) each house of the state legisla-
40 ture; (3) the unified court system; (4) any public authority, public
41 benefit corporation or commission created by or existing pursuant to the
42 public authorities law; (5) any public authority or public benefit
43 corporation, at least one of whose members is appointed by the governor
44 or who serves as a member by virtue of holding a civil office of the
45 state; (6) a municipal agency, as that term is defined in paragraph (ii)
46 of subdivision (s) of section one-c of the legislative law; or (7) a
47 subsidiary or affiliate of such a public authority.
48 S 4. Paragraph a of subdivision 1 of section 139-k of the state
49 finance law, as added by chapter 1 of the laws of 2005, is amended to
50 read as follows:
51 a. "Governmental entity" shall mean: (1) any department, board,
52 bureau, commission, division, office, council, committee or officer of
53 the state, whether permanent or temporary, OTHER THAN THE STATE UNIVER-
54 SITY OF NEW YORK ACTING ON BEHALF OF OR WITH RESPECT TO THE STATE
55 UNIVERSITY OF NEW YORK AT BUFFALO; (2) each house of the state legisla-
56 ture; (3) the unified court system; (4) any public authority, public
S. 2020--C 14
1 benefit corporation or commission created by or existing pursuant to the
2 public authorities law; (5) a public authority or public benefit corpo-
3 ration, at least one of whose members is appointed by the governor or
4 who serves as a member by virtue of holding a civil office of the state;
5 (6) municipal agency, as that term is defined in paragraph (ii) of
6 subdivision (s) of section one-c of the legislative law; or (7) a
7 subsidiary or affiliate of such a public authority.
8 S 5. Subparagraph (iv) of paragraph a of subdivision 3 of section 163
9 of the state finance law, as amended by chapter 430 of the laws of 1997,
10 is amended to read as follows:
11 (iv) The commissioner is authorized to permit any officer, body or
12 agency of the state or of a political subdivision or a district therein,
13 or fire company or volunteer ambulance service as such are defined in
14 section one hundred of the general municipal law, to make purchases of
15 commodities through the office of general services' centralized
16 contracts, pursuant to the provisions of section one hundred four of the
17 general municipal law. The commissioner is authorized to permit any
18 county extension service association as authorized under subdivision
19 eight of section two hundred twenty-four of the county law, or any asso-
20 ciation or other entity as specified in and in accordance with section
21 one hundred nine-a of the general municipal law, OR ANY NON-PROFIT
22 CORPORATION ORGANIZED IN FURTHERANCE OF THE OBJECTS AND PURPOSES OF THE
23 STATE UNIVERSITY OF NEW YORK AT BUFFALO, or any other association or
24 entity as specified in state law, to make purchases of commodities
25 through the office of general services' centralized contracts; provided,
26 however, that such entity so empowered shall accept sole responsibility
27 for any payment due with respect to such purchase; AND PROVIDED FURTHER,
28 HOWEVER, THAT COMMODITIES SO PURCHASED BY A NON-PROFIT CORPORATION
29 ORGANIZED IN FURTHERANCE OF THE OBJECTS AND PURPOSES OF THE STATE
30 UNIVERSITY OF NEW YORK AT BUFFALO SHALL NOT BE USED DIRECTLY OR INDI-
31 RECTLY BY A FOR-PROFIT CORPORATION OR OTHER FOR-PROFIT ENTITY WHICH
32 CONTRACTS WITH THE NON-PROFIT CORPORATION, NOR SHALL SUCH COMMODITIES SO
33 PURCHASED BY SUCH NON-PROFIT CORPORATION BE OFFERED FOR RESALE.
34 S 6. Paragraph e of subdivision 4 of section 163 of the state finance
35 law, as amended by chapter 95 of the laws of 2000, is amended to read as
36 follows:
37 [e. Any officer, body or agency of a political subdivision as defined
38 in section one hundred of the general municipal law or a district there-
39 in, may make purchases of services through the office of general
40 services' centralized contracts for services, subject to the provisions
41 of section one hundred four of the general municipal law. The commis-
42 sioner may permit and prescribe the conditions for the purchase of
43 services through the office of general services' centralized contracts
44 for services by any public authority or public benefit corporation of
45 the state including the port authority of New York and New Jersey. The
46 commissioner is authorized to permit any public library, association
47 library, library system, cooperative library system, the New York
48 Library Association, and the New York State Association of Library
49 Boards or any other library except those which are operated by for
50 profit entities, to make purchases of services through the office of
51 general services' centralized contracts; provided, however, that such
52 entity so empowered shall accept sole responsibility for any payment due
53 with respect to such purchase.]
54 E. ANY OFFICER, BODY OR AGENCY OF A POLITICAL SUBDIVISION AS DEFINED
55 IN SECTION ONE HUNDRED OF THE GENERAL MUNICIPAL LAW OR A DISTRICT THERE-
56 IN AND ANY NON-PROFIT CORPORATION ORGANIZED IN FURTHERANCE OF THE
S. 2020--C 15
1 OBJECTS AND PURPOSES OF THE STATE UNIVERSITY OF NEW YORK AT BUFFALO, MAY
2 MAKE PURCHASES OF SERVICES THROUGH THE OFFICE OF GENERAL SERVICES'
3 CENTRALIZED CONTRACTS FOR SERVICES, SUBJECT, IN THE CASE OF SUCH POLI-
4 TICAL SUBDIVISIONS, TO THE PROVISIONS OF SECTION ONE HUNDRED FOUR OF THE
5 GENERAL MUNICIPAL LAW; PROVIDED, HOWEVER, THAT IN THE CASE OF ANY
6 NON-PROFIT CORPORATION ORGANIZED IN FURTHERANCE OF THE OBJECTS AND
7 PURPOSES OF THE STATE UNIVERSITY OF NEW YORK AT BUFFALO, IT SHALL ACCEPT
8 SOLE RESPONSIBILITY FOR ANY PAYMENT DUE WITH RESPECT TO SUCH PURCHASE
9 AND PROVIDED, FURTHER THAT SERVICES SO PURCHASED BY ANY SUCH NON-PROFIT
10 CORPORATION SHALL NOT BE USED DIRECTLY OR INDIRECTLY BY A FOR-PROFIT
11 CORPORATION OR OTHER FOR-PROFIT ENTITY WHICH CONTRACTS WITH THE NON-PRO-
12 FIT ORGANIZATION. THE COMMISSIONER MAY PERMIT AND PRESCRIBE THE CONDI-
13 TIONS FOR THE PURCHASE OF SERVICES THROUGH THE OFFICE OF GENERAL
14 SERVICES' CENTRALIZED CONTRACTS FOR SERVICES BY ANY PUBLIC AUTHORITY OR
15 PUBLIC BENEFIT CORPORATION OF THE STATE INCLUDING THE PORT AUTHORITY OF
16 NEW YORK AND NEW JERSEY, OR ANY NON-PROFIT CORPORATION ORGANIZED IN
17 FURTHERANCE OF THE OBJECTS AND PURPOSES OF THE STATE UNIVERSITY OF NEW
18 YORK AT BUFFALO. THE COMMISSIONER IS AUTHORIZED TO PERMIT ANY PUBLIC
19 LIBRARY, ASSOCIATION LIBRARY, LIBRARY SYSTEM, COOPERATIVE LIBRARY
20 SYSTEM, THE NEW YORK LIBRARY ASSOCIATION, AND THE NEW YORK STATE ASSOCI-
21 ATION OF LIBRARY BOARDS OR ANY OTHER LIBRARY EXCEPT THOSE WHICH ARE
22 OPERATED BY FOR-PROFIT ENTITIES, TO MAKE PURCHASES OF SERVICES THROUGH
23 THE OFFICE OF GENERAL SERVICES' CENTRALIZED CONTRACTS; PROVIDED, HOWEV-
24 ER, THAT SUCH ENTITY SO EMPOWERED SHALL ACCEPT SOLE RESPONSIBILITY FOR
25 ANY PAYMENT DUE WITH RESPECT TO SUCH PURCHASE.
26 S 7. Paragraph b of subdivision 10 of section 163 of the state finance
27 law is amended by adding a new subparagraph (iii) to read as follows:
28 (III) THE PROVISIONS OF SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH
29 SHALL NOT APPLY TO SINGLE OR SOLE SOURCE PROCUREMENTS FOR SERVICES OR
30 COMMODITIES BY THE STATE UNIVERSITY OF NEW YORK ACTING ON BEHALF OF OR
31 WITH RESPECT TO THE STATE UNIVERSITY OF NEW YORK AT BUFFALO, WHICH
32 SINGLE OR SOLE SOURCE PROCUREMENTS SHALL BE MADE IN ACCORDANCE WITH SUCH
33 RULES AND GUIDELINES AS MAY BE PROMULGATED BY THE TRUSTEES OF THE STATE
34 UNIVERSITY OF NEW YORK.
35 S 8. Paragraph (e) of subdivision 1 of section 5-a of the tax law, as
36 amended by section 1 of part L of chapter 62 of the laws of 2006, is
37 amended to read as follows:
38 (e) "Covered agency" means a "state agency" for purposes of article
39 eleven of the state finance law, the legislature, the judiciary, or a
40 public authority or public benefit corporation at least one of whose
41 members is appointed by the governor; PROVIDED, HOWEVER, THAT THE TERM
42 "COVERED AGENCY" SHALL NOT INCLUDE THE STATE UNIVERSITY OF NEW YORK
43 ACTING ON BEHALF OF OR WITH RESPECT TO THE STATE UNIVERSITY OF NEW YORK
44 AT BUFFALO.
45 S 9. This act shall take effect immediately; provided, however, that
46 the amendments to section 139-j of the state finance law made by section
47 three of this act, the amendments to section 139-k of the state finance
48 law made by section four of this act, and the amendments to section 163
49 of the state finance law made by sections five, six, and seven of this
50 act shall not affect the repeal of such sections and shall expire and be
51 deemed repealed therewith.
52 PART D
S. 2020--C 16
1 Section 1. Subdivision 8 of section 355 of the education law, as
2 amended by chapter 553 of the laws of 1985, is amended to read as
3 follows:
4 8. All moneys received by the state university of New York and by
5 state-operated institutions thereof from appropriations, tuition, fees,
6 user charges, sales of products and services and from all other sources,
7 including sources and activities of the state university which are
8 intended by law to be self-supporting may be credited to an appropriate
9 fund or funds to be designated by the state comptroller. The amounts so
10 paid into such fund or funds which were received by or for the state
11 university shall be used for expenses of the state university in carry-
12 ing out any of its objects and purposes and such amounts received by or
13 for state-operated institutions of the state university shall be used
14 for expenses of the state university under regulations prescribed by the
15 state university trustees. NOTWITHSTANDING THE FOREGOING, ALL MONEYS
16 RECEIVED BY THE STATE UNIVERSITY OF NEW YORK AT BUFFALO FROM TUITION,
17 FEES, USER CHARGES, SALES OF PRODUCTS AND SERVICES, SAVINGS UNDER ENERGY
18 PERFORMANCE, PROCUREMENT OR SUPPLY CONTRACTS AND FROM SOURCES AND ACTIV-
19 ITIES OF THE STATE UNIVERSITY OF NEW YORK AT BUFFALO WHICH ARE INTENDED
20 BY LAW TO BE SELF-SUPPORTING MAY BE CREDITED TO AN APPROPRIATE FUND OR
21 FUNDS HELD BY THE STATE UNIVERSITY OF NEW YORK AT BUFFALO. THE AMOUNTS
22 SO PAID INTO SUCH FUND OR FUNDS WHICH WERE RECEIVED BY OR FOR THE STATE
23 UNIVERSITY OF NEW YORK AT BUFFALO SHALL BE USED FOR EXPENSES OF THE
24 STATE UNIVERSITY OF NEW YORK AT BUFFALO IN CARRYING OUT ANY OF ITS
25 OBJECTS AND PURPOSES, INCLUDING, THE STATE UNIVERSITY OF NEW YORK AT
26 BUFFALO'S UB 2020 INITIATIVE.
27 S 2. Section 4 of the state finance law is amended by adding a new
28 subdivision 11 to read as follows:
29 11. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, MONEYS HELD BY
30 THE STATE UNIVERSITY OF NEW YORK DERIVED FROM TUITION, FEES, USER CHARG-
31 ES, SALES OF PRODUCTS AND SERVICES, SAVINGS UNDER ENERGY PERFORMANCE,
32 PROCUREMENT OR SUPPLY CONTRACTS AND SOURCES AND ACTIVITIES OF THE STATE
33 UNIVERSITY OF NEW YORK AT BUFFALO THAT ARE INTENDED TO BE SELF-SUPPORT-
34 ING SHALL BE PAID WITHOUT AN APPROPRIATION.
35 S 3. Subdivision 2 of section 121 of the state finance law, as amended
36 by chapter 293 of the laws of 1992, is amended to read as follows:
37 2. There are excepted from payment to the treasury as provided by
38 subdivision one of this section: (i) all moneys to which the provisions
39 of subdivision four of section four of this chapter apply unless such
40 moneys are held in a fund subject to appropriation; (ii) moneys held as
41 part of the principal of an endowment of the state university of New
42 York, units thereof and other state agencies; (III) MONEYS RECEIVED BY
43 THE STATE UNIVERSITY OF NEW YORK DERIVED FROM TUITION, FEES, USER CHARG-
44 ES, SALES OF PRODUCTS AND SERVICES, SAVINGS UNDER ENERGY PERFORMANCE,
45 PROCUREMENT OR SUPPLY CONTRACTS AND FROM SOURCES AND ACTIVITIES OF THE
46 STATE UNIVERSITY OF NEW YORK AT BUFFALO THAT ARE INTENDED TO BE
47 SELF-SUPPORTING, INCLUDING, WITHOUT LIMITATION, ANY REVENUE RESULTING
48 FROM TUITION INCREASES AT THE STATE UNIVERSITY OF NEW YORK AT BUFFALO
49 DESCRIBED IN CLAUSE (A) OF SUBPARAGRAPH FOUR OF PARAGRAPH H OF SUBDIVI-
50 SION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OF THE EDUCATION LAW; and
51 [(iii)] (IV) moneys received pursuant to a clinical practice plan estab-
52 lished pursuant to subdivision fourteen of section two hundred six of
53 the public health law. In those cases where such moneys are held in the
54 custody of the state officer other than the comptroller, the officer
55 shall file with the comptroller, at such times as the comptroller shall
56 determine, a detailed statement, in such form and content as the comp-
S. 2020--C 17
1 troller shall prescribe, for the period covered by the statement. The
2 comptroller shall from time to time, but not less than once in every
3 three years, examine the books and accounts relating to such moneys
4 heretofore or hereinafter established, including its receipts, disburse-
5 ments, investments, and any financial matters. An independent audit of
6 such moneys may be authorized by the comptroller in lieu of his own
7 examination, which examination shall be undertaken within twelve months
8 of such authorization.
9 S 4. This act shall take effect immediately.
10 PART E
11 Section 1. Paragraph i of subdivision 2 of section 355 of the educa-
12 tion law, as amended by chapter 552 of the laws of 1985, is amended to
13 read as follows:
14 i. To lease to alumni associations of institutions of the state
15 university a portion of the grounds occupied by any institution of the
16 state university, for the erection thereon of dormitories to be used by
17 students in attendance at such institutions. The terms of any lease and
18 the character of the building to be erected shall be determined by the
19 state university trustees. Such lease, EXCEPT IN THE CASE OF LANDS OCCU-
20 PIED BY THE STATE UNIVERSITY OF NEW YORK AT BUFFALO, prior to its
21 execution, shall be submitted to the attorney general for his approval
22 as to its form, contents and legal effect. Nothing contained in this
23 paragraph shall affect the provisions of any lease heretofore executed
24 by a board of visitors of any state-operated institution pursuant to
25 law. The state university trustees may similarly enter into an agreement
26 with an alumni association of an institution of the state university to
27 furnish heat from a central heating plant to any dormitory erected by
28 such alumni association. Any such dormitory shall not be subject to
29 taxation for any purpose.
30 S 2. This act shall take effect immediately.
31 S 4. Severability clause. If any clause, sentence, paragraph, subdivi-
32 sion, section or part of this act shall be adjudged by any court of
33 competent jurisdiction to be invalid, such judgment shall not affect,
34 impair, or invalidate the remainder thereof, but shall be confined in
35 its operation to the clause, sentence, paragraph, subdivision, section
36 or part thereof directly involved in the controversy in which such judg-
37 ment shall have been rendered. It is hereby declared to be the intent of
38 the legislature that this act would have been enacted even if such
39 invalid provisions had not been included herein.
40 S 5. This act shall take effect immediately provided, however, that
41 the applicable effective date of Parts A through E of this act shall be
42 as specifically set forth in the last section of such Parts.
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