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