NY State Assembly Bill 2015-A7618A

Assembly Bill A7618A

2015-2016 Legislative Session

Authorizes the board of trustees of the state university to contract with the research foundation of the state university for the establishment of a statewide network of 125 surface weather stations

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to higher education
Jun 17, 2015	ordered to third reading rules cal.571 rules report cal.571 reported
Jun 16, 2015	reported referred to rules reported referred to ways and means
Jun 10, 2015	print number 7618a
Jun 10, 2015	amend and recommit to higher education
May 20, 2015	referred to higher education

Bill Amendments

Original

A (Active)

2015-A7618 - Details

See Senate Version of this Bill:: S5315
Current Committee:: Assembly Higher Education
Law Section:: New York State University

2015-A7618 - Summary

Authorizes the board of trustees of the state university to contract with the research foundation of the state university for the establishment of a statewide network of 125 surface weather stations.

2015-A7618 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7618

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 20, 2015
                               ___________

Introduced  by  M. of A. FAHY -- read once and referred to the Committee
  on Higher Education

AN ACT to authorize the board of trustees of the state university of New
  York to establish an advanced weather  observing  network  across  the
  state

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings. The legislature hereby finds that the
establishment by the state university of New York of an advanced weather
observing network to expand weather detection coverage across the  state
serves  the  public  interest.  This  network  will consist of up to 125
surface weather stations, with at least one site deployed in every coun-
ty in the state, to complement existing weather networks and  provide  a
wide  range  of sectors, such as agriculture, energy, transportation and
emergency responders with access to high resolution, real-time data  for
emergency  management  purposes,  and fulfills a necessary and desirable
public purpose.
  The legislature further finds that granting the board of  trustees  of
the  state  university of New York the authority and power to enter into
contracts with the research foundation for the state university  of  New
York to make available the grounds and facilities of the campuses of the
state  university  for  the  purpose  of  constructing  surface  weather
stations will ensure such activity and promote weather  data  collection
across the state.
  S  2.  Notwithstanding any other provision of law to the contrary, the
board of trustees of the state university, or its designee or designees,
is hereby authorized and  empowered,  without  any  public  bidding,  to
contract  to make available grounds at any campus of the state universi-
ty, with the approval of the president of such campus, to  the  research
foundation  for  the  state  university  of  New York for the purpose of
constructing a surface weather station. Each such  grounds  shall  be  a

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10548-01-5

A. 7618                             2

plot of contiguous land not to exceed 400 linear feet in total perimeter
per  site  and  each surface weather station shall be sited at least 300
feet from the nearest obstacle or potential heat source. Such  contracts
shall  be  for  a  term  not  exceeding 40 years, without any fee simple
conveyance and otherwise upon such terms  and  conditions  as  shall  be
determined  by  such  board  of  trustees, or its designee or designees,
subject to the approval of the director  of  the  budget,  the  attorney
general and the state comptroller. Such contracts shall include granting
the  research  foundation  for  the  state  university  of New York, its
employees, agents  and  contractors  authority  to  construct,  install,
erect,  maintain,  replace,  test,  calibrate  and deconstruct a surface
weather station on the plot of land that is the subject of such contract
and reasonable rights of ingress and egress access to the plot  of  land
that  is  the  subject of such contract. The research foundation for the
state university shall not assign any such contract or any rights grant-
ed therein. In the event that the real property that is the  subject  of
such  a  contract  shall  cease to be used for the purposes described in
this act, such contract shall immediately terminate and the real proper-
ty shall be restored to its original state.
  All contracts or agreements entered into by the board of  trustees  of
the state university and the research foundation for the state universi-
ty pursuant to this act shall provide that any real property made avail-
able  to  the  research  foundation for the state university pursuant to
this act shall be restored to its original state upon the expiration  of
the contract that makes grounds available to such research foundation.
  S  3. Notwithstanding any provision of law or judicial decision to the
contrary, all work performed on a project authorized by this act,  where
all  or  any  portion  thereof  involves  a  contract  or  agreement for
construction, demolition,  reconstruction,  excavation,  rehabilitation,
repair,  renovation,  alteration  or  improvement shall be deemed public
work and shall be subject  to  and  performed  in  accordance  with  the
provisions  of  article 8 of the labor law to the same extent and in the
same manner as a contract of the state,  and  compliance  with  all  the
provisions  of  such  article  8  shall be required of any contractor or
subcontractor on the project including  the  enforcement  of  prevailing
wage  requirements  by the fiscal officer,  as defined in paragraph e of
subdivision 5 of section 220 of the labor law, to the same extent  as  a
contract of the state.
  S  4. Nothing in this act shall be deemed to waive or impair any right
or benefit of employees of the state university of New York that  other-
wise  would  be  available  to  them pursuant to the terms of agreements
between the employee organization of such employees and the state pursu-
ant to article 14 of the civil service law and  all  work  performed  on
such property that ordinarily would be performed by such employees shall
continue to be performed by those employees.
  S  5.  Every  contract  executed pursuant to this act shall include an
indemnity provision  whereby  the  research  foundation  for  the  state
university of New York shall be responsible to, and shall defend, indem-
nify  and  hold harmless the state and the state university of New York,
and their respective officers, trustees, directors, employees and agents
from and against any and all losses, expenses, damages and  liabilities,
including  reasonable attorneys' fees, arising out of the intentional or
negligent acts or omissions of the research  foundation  for  the  state
university  of  New  York, its officers, employees, agents, licensees or
contractors.

A. 7618                             3

  S 6. All contracts or agreements entered into  pursuant  to  this  act
between the research foundation for the state university of New York and
parties contracting with the research foundation for the state universi-
ty of New York shall be awarded by a competitive bidding process.
  S  7.  The  state  university  of  New York shall not contract to make
available lands described in this act unless any such contract shall  be
executed within three years of the effective date of this act.
  S  8.  Insofar as the provisions of this act are inconsistent with the
provisions of any other provision of law, the  provisions  of  this  act
shall be controlling.
  S 9. This act shall take effect immediately.

co-Sponsors

2015-A7618A (ACTIVE) - Details

See Senate Version of this Bill:: S5315
Current Committee:: Assembly Higher Education
Law Section:: New York State University

2015-A7618A (ACTIVE) - Summary

Authorizes the board of trustees of the state university to contract with the research foundation of the state university for the establishment of a statewide network of 125 surface weather stations.

2015-A7618A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7618--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 20, 2015
                               ___________

Introduced  by  M. of A. FAHY -- read once and referred to the Committee
  on Higher Education -- committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT to authorize the board of trustees of the state university of New
  York  to  establish  an  advanced weather observing network across the
  state

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings. The legislature hereby finds that the
establishment by the state university of New York of an advanced weather
observing  network to expand weather detection coverage across the state
serves the public interest. This network  will  consist  of  up  to  125
surface weather stations, with at least one site deployed in every coun-
ty  in  the state, to complement existing weather networks and provide a
wide range of sectors, such as agriculture, energy,  transportation  and
emergency  responders with access to high resolution, real-time data for
emergency management purposes, and fulfills a  necessary  and  desirable
public purpose.
  The  legislature  further finds that granting the board of trustees of
the state university of New York the authority and power to  enter  into
contracts  with  the research foundation for the state university of New
York to permit the use of grounds and facilities at any of the  campuses
of  the  state  university  for  the limited purpose of constructing and
maintaining surface weather  stations  will  ensure  such  activity  and
promote weather data collection across the state.
  S  2.  Notwithstanding any other provision of law to the contrary, the
board of trustees of the state university, or its designee or designees,
is hereby authorized and  empowered,  without  any  public  bidding,  to
contract  to  permit  the use of grounds and facilities at any campus of
the state university, with the approval of the president of such campus,
to the research foundation for the state university of New York for  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10548-04-5

A. 7618--A                          2

purpose  of constructing surface weather stations. Each such grounds and
facilities shall be a plot of contiguous land not to exceed  400  linear
feet in total perimeter per site and shall not exceed .25 acres per site
and  provided  that each surface weather station shall be sited at least
300 feet from the nearest obstacle or potential heat source.    Provided
further  not  more than one surface weather station shall be constructed
on a  campus  provided  however  more  than  one  such  station  may  be
constructed  on  the  same  campus provided such stations are 25 or more
miles apart.  Such contracts shall be in writing and shall be for a term
not exceeding 40 years, without any fee simple conveyance and  otherwise
upon  such  terms and conditions as shall be determined by such board of
trustees, or its designee or designees, subject to the approval  of  the
director  of the budget, the attorney general and the state comptroller.
Such contracts shall include granting the research  foundation  for  the
state  university  of  New  York,  its employees, agents and contractors
authority to construct, install, erect, maintain, replace,  test,  cali-
brate and deconstruct a surface weather station on the plot of land that
is  the  subject  of  such contract and reasonable rights of ingress and
egress access to the plot of land that is the subject of such  contract.
The  research  foundation  for the state university shall not assign any
such contract or any rights granted therein. In the event that the  real
property  that  is the subject of such a contract shall cease to be used
for the purposes described in this act, such contract shall  immediately
terminate and the real property shall be restored to its original state.
  All  contracts  or agreements entered into by the board of trustees of
the state university and the research foundation for the state universi-
ty pursuant to this act shall provide that any real property made avail-
able to the research foundation for the  state  university  pursuant  to
this  act shall be restored to its original state upon the expiration of
the contract  that  makes  grounds  and  facilities  available  to  such
research foundation.
  S  3. Notwithstanding any provision of law or judicial decision to the
contrary, all work performed on a project authorized by this act,  where
all  or  any  portion  thereof  involves  a  contract  or  agreement for
construction, demolition,  reconstruction,  excavation,  rehabilitation,
repair,  renovation,  alteration  or  improvement shall be deemed public
work and shall be subject  to  and  performed  in  accordance  with  the
provisions  of  article 8 of the labor law to the same extent and in the
same manner as a contract of the state,  and  compliance  with  all  the
provisions  of  such  article  8  shall be required of any contractor or
subcontractor on the project including  the  enforcement  of  prevailing
wage  requirements  by the fiscal officer,  as defined in paragraph e of
subdivision 5 of section 220 of the labor law, to the same extent  as  a
contract of the state.
  S  4. Nothing in this act shall be deemed to waive or impair any right
or benefit of employees of the state university of New York that  other-
wise  would  be  available  to  them pursuant to the terms of agreements
between the employee organization of such employees and the state pursu-
ant to article 14 of the civil service law and  all  work  performed  on
such property that ordinarily would be performed by such employees shall
continue to be performed by those employees.
  S  5.  Every  contract  executed pursuant to this act shall include an
indemnity provision  whereby  the  research  foundation  for  the  state
university of New York shall be responsible to, and shall defend, indem-
nify  and  hold harmless the state and the state university of New York,
and their respective officers, trustees, directors, employees and agents

A. 7618--A                          3

from and against any and all losses, expenses, damages and  liabilities,
including  reasonable attorneys' fees, arising out of the intentional or
negligent acts or omissions of the research  foundation  for  the  state
university  of  New  York, its officers, employees, agents, licensees or
contractors.
  S 6. Except for contracts entered into pursuant to section two of this
act, all other contracts or agreements entered into pursuant to this act
between the research foundation for the state university of New York and
parties contracting with the research foundation for the state universi-
ty of New York shall be awarded by a competitive bidding process.
  S 7. The state university of New York shall not contract to permit the
use of grounds and facilities pursuant  to  this  act  unless  any  such
contract  shall  be executed within three years of the effective date of
this act.
  S 8. Insofar as the provisions of this act are inconsistent  with  the
provisions  of  any  other  provision of law, the provisions of this act
shall be controlling.
  S 9. This act shall take effect immediately.

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