BILL NUMBER: S6833

SPONSOR: COONEY
 
TITLE OF BILL:

An act in relation to certain campus plans; and providing for the repeal
of such provisions upon expiration thereof

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 allows any private college or university to amend its campus
plan upon approval of the commissioner of economic development. Prior to
such approval, the commissioner shall provide notice to the speaker of
the assembly and temporary president of the senate.

Section 2 sets forth the effective date.

 
JUSTIFICATION:

The COVID-19 pandemic has forced colleges and universities across New
York State to adapt their campus policies and plans to respond to the
              

challenges COVID-19 has brought. While many schools have transitioned
effectively, these drastic changes have affected their ability to
continue with certain programs.

One such program is START-UP NY, which offers new and expanding busi-
nesses the opportunity to operate tax-free for ten years on or near
eligible university or college campuses in the state. Section 435 of the
Economic Development Law requires SUNY/CUNY to submit their START-UP NY
campus plans to the Commissioner of Economic Development for approval.
Private colleges and universities are also required to submit their
plans to the Commissioner; however, the Commissioner is then directed in
statute to forward the submitted plan to the START-UP NY Approval Board
for consideration.  Unfortunately, the statute does not set forth any
requirement for the STARTUP NY Approval Board to meet. The Board has not
met since 2018, despite continuing to receive campus plan amendments,
and is currently not fully constituted. This has forced delays in
approval and caused private colleges and universities to be unfairly
disadvantaged in remaining compliant.

By creating parity with public colleges and universities, the Commis-
sioner of Economic Development will be able. to review any campus plan
amendments as they are received, eliminating the current compliance
issue. At a time where many colleges and universities have had to
significantly amend their plans to address the effects of the pandemic,
it is imperative that these changes do not jeopardize much-needed
programs on their campuses.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall be deemed to have been
in full force and effect on and after January 1, 2020; provided, howev-
er, that the provisions of this act shall expire and be deemed repealed
July 1, 2022.