S. 5855 2 A. 8519
(4) The trustees shall not impose a differential tuition charge based
upon need or income. [All] EXCEPT AS HEREINAFTER PROVIDED, ALL students
enrolled in programs leading to like degrees at state-operated insti-
tutions of the state university shall be charged a uniform rate of
tuition except for differential tuition rates based on state residency.
Provided, however, that the 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-granting 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] EXCEPT AS OTHERWISE AUTHORIZED IN THIS
SUBPARAGRAPH, THE trustees shall not adopt changes affecting tuition
charges prior to the enactment of the annual budget, PROVIDED HOWEVER
THAT:
(I) COMMENCING WITH THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE
ACADEMIC YEAR AND ENDING IN THE TWO THOUSAND FIFTEEN--TWO THOUSAND
SIXTEEN ACADEMIC YEAR THE STATE UNIVERSITY OF NEW YORK BOARD OF TRUSTEES
SHALL BE EMPOWERED TO INCREASE THE RESIDENT UNDERGRADUATE RATE OF
TUITION BY NOT MORE THAN THREE HUNDRED DOLLARS OVER THE RESIDENT UNDER-
GRADUATE RATE OF TUITION ADOPTED BY THE BOARD OF TRUSTEES IN THE PRIOR
ACADEMIC YEAR, PROVIDED HOWEVER THAT IF THE ANNUAL RESIDENT UNDERGRADU-
ATE RATE OF TUITION WOULD EXCEED FIVE THOUSAND DOLLARS, THEN A TUITION
CREDIT FOR EACH ELIGIBLE STUDENT, AS DETERMINED AND CALCULATED BY THE
NEW YORK STATE HIGHER EDUCATION SERVICES CORPORATION PURSUANT TO SECTION
SIX HUNDRED EIGHTY-NINE-A OF THIS TITLE, SHALL BE APPLIED TOWARD THE
TUITION CHARGED FOR EACH SEMESTER, QUARTER OR TERM OF STUDY. TUITION FOR
EACH SEMESTER, QUARTER OR TERM OF STUDY SHALL NOT BE DUE FOR ANY STUDENT
ELIGIBLE TO RECEIVE SUCH TUITION CREDIT UNTIL THE TUITION CREDIT IS
CALCULATED AND APPLIED AGAINST THE TUITION CHARGED FOR THE CORRESPONDING
SEMESTER, QUARTER OR TERM.
(II) ON OR BEFORE NOVEMBER THIRTIETH, TWO THOUSAND ELEVEN, THE TRUS-
TEES SHALL APPROVE AND SUBMIT TO THE CHAIRS OF THE ASSEMBLY WAYS AND
MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AND TO THE DIRECTOR OF
THE BUDGET A MASTER TUITION PLAN SETTING FORTH THE TUITION RATES THAT
THE TRUSTEES PROPOSE FOR RESIDENT UNDERGRADUATE STUDENTS FOR THE FIVE
YEAR PERIOD COMMENCING WITH THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE
ACADEMIC YEAR AND ENDING IN THE TWO THOUSAND FIFTEEN-TWO THOUSAND
SIXTEEN ACADEMIC YEAR, AND SHALL SUBMIT ANY PROPOSED AMENDMENTS TO SUCH
PLAN BY NOVEMBER THIRTIETH OF EACH SUBSEQUENT YEAR THEREAFTER THROUGH
NOVEMBER THIRTIETH, TWO THOUSAND FIFTEEN, AND PROVIDED FURTHER, THAT
WITH THE APPROVAL OF THE BOARD OF TRUSTEES, EACH UNIVERSITY CENTER MAY
INCREASE NON-RESIDENT UNDERGRADUATE TUITION RATES EACH YEAR BY NOT MORE
THAN TEN PERCENT OVER THE TUITION RATES OF THE PRIOR ACADEMIC YEAR,
SUBJECT TO THE APPROVAL OF A NY-SUNY 2020 PROPOSAL BY THE GOVERNOR AND
THE CHANCELLOR OF THE STATE UNIVERSITY OF NEW YORK.
(III) THE STATE SHALL APPROPRIATE ANNUALLY AND MAKE AVAILABLE GENERAL
FUND OPERATING SUPPORT, INCLUDING FRINGE BENEFITS, FOR THE STATE UNIVER-
SITY IN AN AMOUNT NOT LESS THAN THE AMOUNT APPROPRIATED AND MADE AVAIL-
ABLE TO THE STATE UNIVERSITY IN STATE FISCAL YEAR TWO THOUSAND
ELEVEN--TWO THOUSAND TWELVE. BEGINNING IN STATE FISCAL YEAR TWO THOUSAND
TWELVE-TWO THOUSAND THIRTEEN AND THEREAFTER, THE STATE SHALL APPROPRIATE
AND MAKE AVAILABLE GENERAL FUND OPERATING SUPPORT, INCLUDING FRINGE
BENEFITS, FOR THE STATE UNIVERSITY IN AN AMOUNT NOT LESS THAN THE AMOUNT
S. 5855 3 A. 8519
APPROPRIATED AND MADE AVAILABLE IN THE PRIOR STATE FISCAL YEAR;
PROVIDED, HOWEVER, THAT IF THE GOVERNOR DECLARES A FISCAL EMERGENCY, AND
COMMUNICATES SUCH EMERGENCY TO THE TEMPORARY PRESIDENT OF THE SENATE AND
SPEAKER OF THE ASSEMBLY, STATE SUPPORT FOR OPERATING EXPENSES AT THE
STATE UNIVERSITY AND CITY UNIVERSITY MAY BE REDUCED IN A MANNER PROPOR-
TIONATE TO ONE ANOTHER, AND THE AFOREMENTIONED PROVISIONS SHALL NOT
APPLY.
(IV) FOR THE STATE UNIVERSITY FISCAL YEARS COMMENCING TWO THOUSAND
ELEVEN--TWO THOUSAND TWELVE AND ENDING TWO THOUSAND FIFTEEN--TWO THOU-
SAND SIXTEEN, EACH UNIVERSITY CENTER MAY SET ASIDE A PORTION OF ITS
TUITION REVENUES DERIVED FROM TUITION INCREASES TO PROVIDE INCREASED
FINANCIAL AID FOR NEW YORK STATE RESIDENT UNDERGRADUATE STUDENTS WHOSE
NET TAXABLE INCOME IS EIGHTY THOUSAND DOLLARS OR MORE SUBJECT TO THE
APPROVAL OF A NY-SUNY 2020 PROPOSAL BY THE GOVERNOR AND THE CHANCELLOR
OF THE STATE UNIVERSITY OF NEW YORK. NOTHING IN THIS PARAGRAPH SHALL BE
CONSTRUED AS TO AUTHORIZE THAT STUDENTS WHOSE NET TAXABLE INCOME IS
EIGHTY THOUSAND DOLLARS OR MORE ARE ELIGIBLE FOR TUITION ASSISTANCE
PROGRAM AWARDS PURSUANT TO SECTION SIX HUNDRED SIXTY-SEVEN OF THIS CHAP-
TER.
S 4. Paragraph (a) of subdivision 7 of section 6206 of the education
law, as amended by chapter 327 of the laws of 2002, the opening para-
graph as amended by section 2 of part O of chapter 58 of the laws of
2006, is amended to read as follows:
(a) The board of trustees shall establish positions, departments,
divisions and faculties; appoint and in accordance with the provisions
of law fix salaries of instructional and non-instructional employees
therein; establish and conduct courses and curricula; prescribe condi-
tions of student admission, attendance and discharge; and shall have the
power to determine in its discretion whether tuition shall be charged
and to regulate tuition charges, and other instructional and non-in-
structional fees and other fees and charges at the educational units of
the city university. The trustees shall review any proposed community
college tuition increase and the justification for such increase. The
justification provided by the community college for such increase shall
include a detailed analysis of ongoing operating costs, capital, debt
service expenditures, and all revenues. The trustees shall not impose a
differential tuition charge based upon need or income. All students
enrolled in programs leading to like degrees at the senior colleges
shall be charged a uniform rate of tuition, except for differential
tuition rates based on state residency[.], PROVIDED, HOWEVER, THAT:
(I) COMMENCING WITH THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE
ACADEMIC YEAR AND ENDING IN THE TWO THOUSAND FIFTEEN--TWO THOUSAND
SIXTEEN ACADEMIC YEAR, THE CITY UNIVERSITY OF NEW YORK BOARD OF TRUSTEES
SHALL BE EMPOWERED TO INCREASE THE RESIDENT UNDERGRADUATE RATE OF
TUITION BY NOT MORE THAN THREE HUNDRED DOLLARS OVER THE RESIDENT UNDER-
GRADUATE RATE OF TUITION ADOPTED BY THE BOARD OF TRUSTEES IN THE PRIOR
ACADEMIC YEAR, PROVIDED HOWEVER THAT IF THE ANNUAL RESIDENT UNDERGRADU-
ATE RATE OF TUITION WOULD EXCEED FIVE THOUSAND DOLLARS, THEN A TUITION
CREDIT FOR EACH ELIGIBLE STUDENT, AS DETERMINED AND CALCULATED BY THE
NEW YORK STATE HIGHER EDUCATION SERVICES CORPORATION PURSUANT TO SECTION
SIX HUNDRED EIGHTY-NINE-A OF THIS CHAPTER, SHALL BE APPLIED TOWARD THE
TUITION CHARGED FOR EACH SEMESTER, QUARTER OR TERM OF STUDY. TUITION FOR
EACH SEMESTER, QUARTER OR TERM OF STUDY SHALL NOT BE DUE FOR ANY STUDENT
ELIGIBLE TO RECEIVE SUCH TUITION CREDIT UNTIL THE TUITION CREDIT IS
CALCULATED AND APPLIED AGAINST THE TUITION CHARGED FOR THE CORRESPONDING
SEMESTER, QUARTER OR TERM.
S. 5855 4 A. 8519
(II) ON OR BEFORE NOVEMBER THIRTIETH, TWO THOUSAND ELEVEN, THE TRUS-
TEES SHALL APPROVE AND SUBMIT TO THE CHAIRS OF THE ASSEMBLY WAYS AND
MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AND TO THE DIRECTOR OF
THE BUDGET A MASTER TUITION PLAN SETTING FORTH THE TUITION RATES THAT
THE TRUSTEES PROPOSE FOR RESIDENT UNDERGRADUATE STUDENTS FOR THE FIVE
YEAR PERIOD COMMENCING WITH THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE
ACADEMIC YEAR AND ENDING IN THE TWO THOUSAND FIFTEEN--TWO THOUSAND
SIXTEEN ACADEMIC YEAR, AND SHALL SUBMIT ANY PROPOSED AMENDMENTS TO SUCH
PLAN BY NOVEMBER THIRTIETH OF EACH SUBSEQUENT YEAR THEREAFTER THROUGH
NOVEMBER THIRTIETH, TWO THOUSAND FIFTEEN.
(III) THE STATE SHALL APPROPRIATE ANNUALLY AND MAKE AVAILABLE STATE
SUPPORT FOR OPERATING EXPENSES, INCLUDING FRINGE BENEFITS, FOR THE CITY
UNIVERSITY IN AN AMOUNT NOT LESS THAN THE AMOUNT APPROPRIATED AND MADE
AVAILABLE TO THE CITY UNIVERSITY IN STATE FISCAL YEAR TWO THOUSAND
ELEVEN--TWO THOUSAND TWELVE. BEGINNING IN STATE FISCAL YEAR TWO THOUSAND
TWELVE--TWO THOUSAND THIRTEEN AND THEREAFTER, THE STATE SHALL APPROPRI-
ATE AND MAKE AVAILABLE STATE SUPPORT FOR OPERATING EXPENSES, INCLUDING
FRINGE BENEFITS, FOR THE CITY UNIVERSITY IN AN AMOUNT NOT LESS THAN THE
AMOUNT APPROPRIATED AND MADE AVAILABLE IN THE PRIOR STATE FISCAL YEAR;
PROVIDED, HOWEVER, THAT IF THE GOVERNOR DECLARES A FISCAL EMERGENCY, AND
COMMUNICATES SUCH EMERGENCY TO THE TEMPORARY PRESIDENT OF THE SENATE AND
SPEAKER OF THE ASSEMBLY, STATE SUPPORT FOR OPERATING EXPENSES OF THE
STATE UNIVERSITY AND CITY UNIVERSITY MAY BE REDUCED IN A MANNER PROPOR-
TIONATE TO ONE ANOTHER, AND THE AFOREMENTIONED PROVISIONS SHALL NOT
APPLY.
(A-1) The trustees shall further provide that the payment of tuition
and fees by any student who is not a resident of New York state, other
than a non-immigrant alien within the meaning of paragraph (15) of
subsection (a) of section 1101 of title 8 of the United States Code,
shall be paid at a rate or charge no greater than that imposed for
students who are residents of the state if such student:
(i) attended an approved New York high school for two or more years,
graduated from an approved New York high school and applied for attend-
ance at an institution or educational unit of the city university within
five years of receiving a New York state high school diploma; or
(ii) attended an approved New York state program for general equiv-
alency diploma exam preparation, received a general equivalency diploma
issued within New York state and applied for attendance at an institu-
tion or educational unit of the city university within five years of
receiving a general equivalency diploma issued within New York state; or
(iii) was enrolled in an institution or educational unit of the city
university in the fall semester or quarter of the two thousand one--two
thousand two academic year and was authorized by such institution or
educational unit to pay tuition at the rate or charge imposed for
students who are residents of the state.
A student without lawful immigration status shall also be required to
file an affidavit with such institution or educational unit stating that
the student has filed an application to legalize his or her immigration
status, or will file such an application as soon as he or she is eligi-
ble to do so. [The] EXCEPT AS OTHERWISE AUTHORIZED IN PARAGRAPH (A) OF
THIS SUBDIVISION, THE trustees shall not adopt changes in tuition charg-
es prior to the enactment of the annual budget. The board of trustees
may accept as partial reimbursement for the education of veterans of the
armed forces of the United States who are otherwise qualified such sums
as may be authorized by federal legislation to be paid for such educa-
tion. The board of trustees may conduct on a fee basis extension courses
S. 5855 5 A. 8519
and courses for adult education appropriate to the field of higher
education. In all courses and courses of study it may, in its
discretion, require students to pay library, laboratory, locker, break-
age and other instructional and non-instructional fees and meet the cost
of books and consumable supplies. In addition to the foregoing fees and
charges, the board of trustees may impose and collect fees and charges
for student government and other student activities and receive and
expend them as agent or trustee.
S 5. The education law is amended by adding a new section 689-a to
read as follows:
S 689-A. TUITION CREDITS. 1. THE NEW YORK STATE HIGHER EDUCATION
SERVICES CORPORATION SHALL CALCULATE A TUITION CREDIT FOR EACH RESIDENT
UNDERGRADUATE STUDENT WHO HAS FILED AN APPLICATION WITH SUCH CORPORATION
FOR A TUITION ASSISTANCE PROGRAM AWARD PURSUANT TO SECTION SIX HUNDRED
SIXTY-SEVEN OF THIS ARTICLE, AND IS DETERMINED TO BE ELIGIBLE TO RECEIVE
SUCH AWARD, AND IS ALSO ENROLLED IN A PROGRAM OF UNDERGRADUATE STUDY AT
A STATE OPERATED OR SENIOR COLLEGE OF THE STATE UNIVERSITY OF NEW YORK
OR THE CITY UNIVERSITY OF NEW YORK WHERE THE ANNUAL RESIDENT UNDERGRADU-
ATE TUITION RATE WILL EXCEED FIVE THOUSAND DOLLARS. SUCH TUITION CREDIT
SHALL BE CALCULATED FOR EACH SEMESTER, QUARTER OR TERM OF STUDY THAT
TUITION IS CHARGED AND TUITION FOR THE CORRESPONDING SEMESTER, QUARTER
OR TERM SHALL NOT BE DUE FOR ANY STUDENT ELIGIBLE TO RECEIVE SUCH
TUITION CREDIT UNTIL SUCH CREDIT IS CALCULATED, THE STUDENT AND SCHOOL
WHERE THE STUDENT IS ENROLLED IS NOTIFIED OF THE TUITION CREDIT AMOUNT,
AND SUCH TUITION CREDIT IS APPLIED TOWARD THE TUITION CHARGED.
2. EACH TUITION CREDIT PURSUANT TO THIS SECTION SHALL BE AN AMOUNT
EQUAL TO THE PRODUCT OF THE TOTAL ANNUAL RESIDENT UNDERGRADUATE TUITION
RATE MINUS FIVE THOUSAND DOLLARS THEN MULTIPLIED BY AN AMOUNT EQUAL TO
THE PRODUCT OF THE TOTAL ANNUAL AWARD FOR THE STUDENT PURSUANT TO
SECTION SIX HUNDRED SIXTY-SEVEN OF THIS ARTICLE DIVIDED BY AN AMOUNT
EQUAL TO THE MAXIMUM AMOUNT THE STUDENT QUALIFIES TO RECEIVE PURSUANT TO
CLAUSE (A) OF SUBPARAGRAPH (I) OF PARAGRAPH A OF SUBDIVISION THREE OF
SECTION SIX HUNDRED SIXTY-SEVEN OF THIS ARTICLE.
S 6. Section 355 of the education law is amended by adding a new
subdivision 6-a to read as follows:
6-A. THE STATE UNIVERSITY TRUSTEES SHALL ADOPT GUIDELINES FOR FOUNDA-
TIONS OF STATE-OPERATED CAMPUSES THAT REQUIRE EACH FOUNDATION TO ADOPT A
CONFLICT OF INTEREST POLICY APPLICABLE TO SUCH FOUNDATION AND ITS AFFIL-
IATED CORPORATIONS. AMONG OTHER ITEMS, THE STATE UNIVERSITY TRUSTEES'
GUIDELINES SHALL REQUIRE SUCH FOUNDATION POLICIES TO PROVIDE: (A) THAT
SERVICE AS A BOARD MEMBER OR OFFICER THEREOF SHALL NOT BE USED AS A
MEANS FOR PRIVATE BENEFIT OR INUREMENT FOR THE BOARD MEMBER OR OFFICER,
A RELATIVE THEREOF, OR ANY ENTITY IN WHICH THE BOARD MEMBER OR OFFICER,
OR RELATIVE THEREOF, HAS A BUSINESS INTEREST; (B) NO BOARD MEMBER OR
OFFICER WHO IS A VENDOR OF GOODS OR SERVICES TO THE FOUNDATION OR ITS
AFFILIATED CORPORATION, OR WHO HAS A BUSINESS INTEREST IN SUCH VENDOR,
OR WHOSE RELATIVE HAS A BUSINESS INTEREST IN SUCH VENDOR, SHALL VOTE ON,
OR PARTICIPATE IN THE FOUNDATION'S ADMINISTRATION OF, ANY TRANSACTION
WITH SUCH VENDOR; AND (C) A BOARD MEMBER OR OFFICER SHALL ADVISE THE
CHAIR OF THE FOUNDATION OR ITS AFFILIATED CORPORATION OF HIS OR A RELA-
TIVE'S BUSINESS INTEREST IN ANY SUCH EXISTING OR PROPOSED VENDOR WITH
THE FOUNDATION OR ITS AFFILIATE. THE STATE UNIVERSITY TRUSTEES' GUIDE-
LINES SHALL DEFINE THE NATURE OF A BUSINESS INTEREST AND THE CLOSENESS
OF A PERSONAL RELATION THAT BRING A RELATIONSHIP WITHIN THE PURPOSES OF
THIS SUBDIVISION.
S. 5855 6 A. 8519
S 7. Section 1 of chapter 174 of the laws of 1968, constituting the
New York state urban development corporation act, is amended by adding a
new section 45 to read as follows:
S 45. NY-SUNY 2020. 1. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER
LAW TO THE CONTRARY, THE URBAN DEVELOPMENT CORPORATION OF THE STATE OF
NEW YORK IS HEREBY AUTHORIZED TO ISSUE BONDS OR NOTES IN ONE OR MORE
SERIES FOR THE PURPOSE OF FUNDING PROJECT COSTS FOR THE IMPLEMENTATION
OF A NY-SUNY 2020 CHALLENGE GRANT PROGRAM SUBJECT TO THE APPROVAL OF A
NY-SUNY 2020 PLAN OR PLANS BY THE GOVERNOR AND THE CHANCELLOR OF THE
STATE UNIVERSITY OF NEW YORK. THE AGGREGATE PRINCIPAL AMOUNT OF BONDS
AUTHORIZED TO BE ISSUED PURSUANT TO THIS SECTION SHALL NOT EXCEED
$80,000,000, EXCLUDING BONDS ISSUED TO FUND ONE OR MORE DEBT SERVICE
RESERVE FUNDS, TO PAY COSTS OF ISSUANCE OF SUCH BONDS, AND BONDS OR
NOTES ISSUED TO REFUND OR OTHERWISE REPAY SUCH BONDS OR NOTES PREVIOUSLY
ISSUED. SUCH BONDS AND NOTES OF THE CORPORATION SHALL NOT BE A DEBT OF
THE STATE, AND THE STATE SHALL NOT BE LIABLE THEREON, NOR SHALL THEY BE
PAYABLE OUT OF ANY FUNDS OTHER THAN THOSE APPROPRIATED BY THE STATE TO
THE CORPORATION FOR PRINCIPAL, INTEREST, AND RELATED EXPENSES PURSUANT
TO A SERVICE CONTRACT AND SUCH BONDS AND NOTES SHALL CONTAIN ON THE FACE
THEREOF A STATEMENT TO SUCH EFFECT. EXCEPT FOR PURPOSES OF COMPLYING
WITH THE INTERNAL REVENUE CODE, ANY INTEREST INCOME EARNED ON BOND
PROCEEDS SHALL ONLY BE USED TO PAY DEBT SERVICE ON SUCH BONDS.
2. NOTWITHSTANDING ANY OTHER LAW, RULE, OR REGULATION TO THE CONTRARY,
THE COMPTROLLER IS HEREBY AUTHORIZED AND DIRECTED TO DEPOSIT TO THE
CREDIT OF THE CAPITAL PROJECTS FUND, REIMBURSEMENT FROM THE PROCEEDS OF
NOTES OR BONDS ISSUED BY THE URBAN DEVELOPMENT CORPORATION OF THE STATE
OF NEW YORK FOR CAPITAL DISBURSEMENTS OF UP TO $80,000,000 FROM ANY
APPROPRIATION OR REAPPROPRIATION AUTHORIZED BY A CHAPTER OF THE LAWS OF
2011 FOR NY-SUNY 2020 CHALLENGE GRANTS.
3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IN
ORDER TO ASSIST THE URBAN DEVELOPMENT CORPORATION IN UNDERTAKING THE
FINANCING FOR PROJECT COSTS FOR THE NY-SUNY 2020 CHALLENGE GRANT
PROGRAM, THE DIRECTOR OF THE BUDGET IS HEREBY AUTHORIZED TO ENTER INTO
ONE OR MORE SERVICE CONTRACTS WITH THE CORPORATION, NONE OF WHICH SHALL
EXCEED THIRTY YEARS IN DURATION, UPON SUCH TERMS AND CONDITIONS AS THE
DIRECTOR OF THE BUDGET AND THE CORPORATION AGREE, SO AS TO ANNUALLY
PROVIDE TO THE CORPORATION, IN THE AGGREGATE, A SUM NOT TO EXCEED THE
PRINCIPAL, INTEREST, AND RELATED EXPENSES REQUIRED FOR SUCH BONDS AND
NOTES. ANY SERVICE CONTRACT ENTERED INTO PURSUANT TO THIS SECTION SHALL
PROVIDE THAT THE OBLIGATION OF THE STATE TO PAY THE AMOUNT THEREIN
PROVIDED SHALL NOT CONSTITUTE A DEBT OF THE STATE WITHIN THE MEANING OF
ANY CONSTITUTIONAL OR STATUTORY PROVISION AND SHALL BE DEEMED EXECUTORY
ONLY TO THE EXTENT OF MONIES AVAILABLE AND THAT NO LIABILITY SHALL BE
INCURRED BY THE STATE BEYOND THE MONIES AVAILABLE FOR SUCH PURPOSE,
SUBJECT TO ANNUAL APPROPRIATION BY THE LEGISLATURE. ANY SUCH CONTRACT OR
ANY PAYMENTS MADE OR TO BE MADE THEREUNDER MAY BE ASSIGNED AND PLEDGED
TO THE CORPORATION AS SECURITY FOR ITS BONDS AND NOTES, AS AUTHORIZED BY
THIS SECTION.
S 8. SUNY capital commitment. Notwithstanding any provision of law,
rule or regulation to the contrary, of the amounts appropriated and
designated as university wide within chapter 54 of the laws of 2011 for
the state university of New York or the state university construction
fund, a total amount of $60,000,000 shall be divided equally amongst the
university centers and such allocations shall be made available to each
university center, as defined by subdivision 7 of section 350 of the
education law, for purposes and projects identified in a plan and
S. 5855 7 A. 8519
approved by the governor and the chancellor of the state university of
New York, and filed with the office of the state comptroller for the
NY-SUNY 2020 challenge grant program. Such funds shall be available
during the 2011-12 academic year and thereafter.
S 9. University center capital program flexibility. Notwithstanding
any provision of law, rule or regulation to the contrary, of the amounts
appropriated within chapter 54 of the laws of 2011 for the state univer-
sity of New York or the state university construction fund:
(1) designated amounts from advances for alterations and improvements
to facilities for capital critical maintenance appropriations or reap-
propriations currently available to the university centers at Albany,
Binghamton, Buffalo, and Stony Brook; or
(2) advances to SUNY hospitals, shall be made available, for purposes
and projects identified in a plan and approved by the governor and the
chancellor of the state university of New York, and filed with the
office of the state comptroller for the NY-SUNY 2020 challenge grant
program. The funding from such appropriations, reappropriations and
advances that are designated to be utilized in such plans shall be
specifically identified and shall be submitted to the temporary presi-
dent of the senate and speaker of the assembly at least 15 days prior to
the approval of the plan by the governor and the chancellor. Such funds
shall be available during the 2011-12 academic year and thereafter.
S 10. (a) The amount specified in this act for state operations, or so
much thereof as shall be sufficient to accomplish the purposes desig-
nated by the appropriation, is hereby appropriated and authorized to be
paid as hereinafter provided, to the purposes specified.
(b) No moneys appropriated by this act shall be available for payment
until a certificate of approval has been issued by the director of the
budget, who shall file such certificate with the department of audit and
control, the chairperson of the senate finance committee and the chair-
person of the assembly ways and means committee.
(c) The appropriations contained in this act shall be available imme-
diately.
STATE UNIVERSITY OF NEW YORK
Special Revenue Funds - Other
State University Income Fund
State University Revenue Offset Account
For services and expenses of state universi-
ty operations and activities supported by
tuition .................................... $52,200,000
S 11. (a) The amount specified in this act for state operations, or so
much thereof as shall be sufficient to accomplish the purposes desig-
nated by the appropriation, is hereby appropriated and authorized to be
paid as hereinafter provided, to the purposes specified.
(b) No moneys appropriated by this act shall be available for payment
until a certificate of approval has been issued by the director of the
budget, who shall file such certificate with the department of audit and
control, the chairperson of the senate finance committee and the chair-
person of the assembly ways and means committee.
(c) The appropriations contained in this act shall be available imme-
diately.
S. 5855 8 A. 8519
CITY UNIVERSITY OF NEW YORK
Fiduciary Funds
CUNY Senior College Operating Fund
CUNY Senior College Operating Account
For services and expenses of city university
operations and activities supported by
tuition .................................... $76,300,000
S 12. 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 13. Notwithstanding the provisions of any general, special, or local
law or judicial decision to the contrary:
(a) Any university center campus related foundation, alumni associ-
ation or affiliate thereof, any not-for-profit corporation or associ-
ation organized by the president of a university center 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 a university center at Albany, Bingham-
ton, or Stony Brook may require a contractor awarded a contract, subcon-
tract, lease, grant, bond, covenant or other agreement for a project to
enter into a project labor agreement during and for the work involved
with such project when such requirement is part of any request for
proposals on behalf of such university centers for the project. When any
such university center campus related foundation, alumni association or
affiliate thereof, any not-for-profit corporation or association organ-
ized by the president of a university center to further its purposes, or
any limited liability company whose sole member is any of the foregoing
S. 5855 9 A. 8519
entities, or the State University of New York, the State University
Construction Fund, or the Dormitory Authority of the State of New York,
on behalf of a university center at Albany, Binghamton, or Stony Brook
determine that the record supporting the decision to enter into such an
agreement establishes that the interests underlying the competitive
bidding laws are best met by requiring a project labor agreement includ-
ing: obtaining the best work at the lowest possible price; preventing
favoritism, fraud and corruption; the impact of delay; the possibility
of cost savings; and any local history of labor unrest.
(b) If any such university center campus related foundation, alumni
association or affiliate thereof, any not-for-profit corporation or
association organized by the president of a university center 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 a university center at Albany, Bingham-
ton, or Stony Brook does not require a project labor agreement, then any
contractor, subcontractor, lease, grant, bond, covenant or other agree-
ments for a project shall be awarded pursuant to section 135 of the
state finance law.
S 14. Section 359 of the education law is amended by adding a new
subdivision 5 to read as follows:
5. THE STATE UNIVERSITY TRUSTEES SHALL CONDUCT A STUDY REGARDING THE
EFFECTIVENESS AND FUNCTIONALITY OF THE NEW YORK STATE TUITION ASSISTANCE
PROGRAM, WHICH SHALL CONSIDER A VARIETY OF FACTORS INCLUDING, BUT NOT
LIMITED TO, THE COSTS ASSOCIATED WITH PURSUING A DEGREE IN UNDERGRADUATE
STUDY, CURRENT TUITION ASSISTANCE PROGRAM THRESHOLDS AND AWARD LEVELS,
CURRENT ELIGIBILITY CRITERIA TO QUALIFY FOR AN AWARD UNDER THE TUITION
ASSISTANCE PROGRAM, AND ANY OTHER INFORMATION THE TRUSTEES DETERMINE TO
BE RELEVANT. THE STUDY SHALL ALSO INCLUDE RECOMMENDATIONS TO IMPROVE THE
TUITION ASSISTANCE PROGRAM TO BETTER MEET THE FUTURE FINANCIAL AID NEEDS
OF STUDENTS WHO RESIDE IN NEW YORK STATE AND TO ENSURE CONTINUED ACCESS
AND AFFORDABILITY OF THE STATE UNIVERSITY OF NEW YORK. THE STUDY SHALL
BE SUBMITTED TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE
SPEAKER OF THE ASSEMBLY, THE DIRECTOR OF THE DIVISION OF THE BUDGET, THE
SENATE FINANCE COMMITTEE, THE ASSEMBLY WAYS AND MEANS COMMITTEE AND THE
HIGHER EDUCATION COMMITTEES OF THE LEGISLATURE ON OR BEFORE OCTOBER
FIRST, TWO THOUSAND THIRTEEN. IN ADDITION, THE STATE UNIVERSITY SHALL
ANNUALLY EXAMINE AND REPORT ON EACH STATE-OPERATED CAMPUS' EFFORTS TO
PROMOTE FISCAL STABILITY FOR THE DURATION OF THE FIVE YEAR TUITION PLAN
BY IMPLEMENTING COST SAVING MEASURES AND INCREASING FUNDRAISING EFFORTS.
FURTHER, THE TRUSTEES SHALL PERIODICALLY REVIEW THEIR PATENT POLICIES TO
ENSURE COMPETITIVENESS, AND SHALL ANNUALLY REPORT ON HOW THE REVENUE
GENERATED BY THIS PARAGRAPH HAS HELPED RETAIN AND GROW FULL-TIME FACULTY
AND INCREASE PROGRAM AVAILABILITY. THE UNIVERSITY CENTERS SHALL ALSO
REPORT ANNUALLY TO THE STATE UNIVERSITY TRUSTEES ON HOW RESEARCH REVENUE
YIELDS QUANTIFIABLE RESULTS FOR EACH OF THE FOUR CAMPUSES AND STATE
UNIVERSITY OF NEW YORK AT BUFFALO AND STATE UNIVERSITY OF NEW YORK AT
STONY BROOK SHALL ADDITIONALLY REPORT ON WHAT EACH CAMPUS IS DOING TO
MAINTAIN THEIR AAU STATUS.
S 15. Section 6206 of the education law is amended by adding a new
subdivision 17 to read as follows:
17. THE CITY UNIVERSITY TRUSTEES SHALL CONDUCT A STUDY REGARDING THE
EFFECTIVENESS AND FUNCTIONALITY OF THE NEW YORK STATE TUITION ASSISTANCE
PROGRAM, WHICH SHALL CONSIDER A VARIETY OF FACTORS INCLUDING, BUT NOT
LIMITED TO, THE COSTS ASSOCIATED WITH PURSUING A DEGREE IN UNDERGRADUATE
S. 5855 10 A. 8519
STUDY, CURRENT TUITION ASSISTANCE PROGRAM THRESHOLDS AND AWARD LEVELS,
CURRENT ELIGIBILITY CRITERIA TO QUALIFY FOR AN AWARD UNDER THE TUITION
ASSISTANCE PROGRAM AND ANY OTHER INFORMATION THE TRUSTEES DETERMINE TO
BE RELEVANT. THE STUDY SHALL ALSO INCLUDE RECOMMENDATIONS TO IMPROVE THE
TUITION ASSISTANCE PROGRAM TO BETTER MEET THE FUTURE FINANCIAL AID NEEDS
OF STUDENTS WHO RESIDE IN NEW YORK STATE AND TO ENSURE CONTINUED ACCESS
AND AFFORDABILITY OF THE CITY UNIVERSITY OF NEW YORK. THE STUDY SHALL BE
SUBMITTED TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE
SPEAKER OF THE ASSEMBLY, THE DIRECTOR OF THE DIVISION OF BUDGET, THE
SENATE FINANCE COMMITTEE, THE ASSEMBLY WAYS AND MEANS COMMITTEE AND THE
HIGHER EDUCATION COMMITTEES OF THE LEGISLATURE ON OR BEFORE OCTOBER
FIRST, TWO THOUSAND THIRTEEN. IN ADDITION, THE CITY UNIVERSITY SHALL
ANNUALLY EXAMINE AND REPORT ON EACH STATE-OPERATED CAMPUS' EFFORTS TO
PROMOTE FISCAL STABILITY FOR THE DURATION OF THE FIVE YEAR TUITION PLAN
BY IMPLEMENTING COST SAVING MEASURES AND INCREASING FUNDRAISING EFFORTS.
S 16. This act shall take effect July 1, 2011 and shall expire 5 years
after such effective date when upon such date the provisions of this act
shall be deemed repealed.
