S T A T E O F N E W Y O R K
________________________________________________________________________
10152
I N A S S E M B L Y
May 10, 2024
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Flood) --
read once and referred to the Committee on Higher Education
AN ACT relating to authorizing the state university of New York at Stony
Brook to lease certain lands for the purpose of constructing a facili-
ty to support research and development to address the national semi-
conductor chip shortage and related environmental sustainability
issues
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings. The legislature finds that the State
University of New York at Stony Brook ("Stony Brook") is in need of
additional facilities to support the research and development needs of
faculty, staff, students, and the community and seeks to use approxi-
mately 8 acres of underutilized land on Stony Brook's Research and
Development Park to build a facility to address these research and
development needs, which may include supporting services to address the
national semiconductor chip shortage and related environmental sustaina-
bility issues, fulfilling a necessary and vital public purpose. The
legislature further finds that granting the trustees of the State
University of New York the authority and power to lease and otherwise
contract to make available grounds and facilities of the campus of the
State University of New York at Stony Brook will ensure such land is
utilized for the benefit of Stony Brook and the surrounding community.
§ 2. Notwithstanding any other law to the contrary, the State Univer-
sity of New York trustees are authorized and empowered, without any
public bidding, to lease and otherwise contract to make available to a
ground lessee a portion of the lands of the university generally
described in this act for the purpose of developing, constructing, main-
taining and operating a facility to support the research and development
needs of faculty, staff, students, and the community, which may include
supporting services to address the national semiconductor chip shortage
and related environmental sustainability issues. Such lease or contract
shall be for a period not exceeding ninety-nine (99) years without any
fee simple conveyance and otherwise upon terms and conditions determined
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15152-01-4
A. 10152 2
by such trustees, subject to the approval of the director of the divi-
sion of the budget, the attorney general and the state comptroller. In
the event that the real property that is the subject of such lease or
contract shall cease to be used for the purpose described in this act,
such lease or contract shall immediately terminate and the real property
and any improvements thereon shall revert to the State University of New
York. Any lease or contract entered into pursuant to this act shall
provide that the real property that is the subject of such lease or
contract and any improvements thereon shall revert to the State Univer-
sity of New York on the expiration of such contract or lease. The allo-
cation of any and all proceeds related to the leases authorized by this
act shall be subject to approval by the state university trustees.
§ 3. Any contract or lease entered into pursuant to this act shall be
deemed to be a state contract for purposes of article 15-A of the execu-
tive law, and any contractor, subcontractor, lessee or sublessee enter-
ing into such contract or lease for the construction, demolition, recon-
struction, excavation, rehabilitation, repair, renovation, alteration or
improvement authorized pursuant to this act shall be deemed a state
agency for the purposes of article 15-A of the executive law and subject
to the provisions of such article.
§ 4. Notwithstanding any general, special or local 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 lease or agreement
for construction, demolition, reconstruction, excavation, rehabili-
tation, 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 article 8 of the labor law shall be required of any
lessee, sublessee, 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.
§ 5. Without limiting the determination of the terms and conditions of
such contracts or leases, such terms and conditions may provide for
leasing, subleasing, construction, reconstruction, rehabilitation,
improvement, operation and management of and provision of services and
assistance and the granting of licenses, easements and other arrange-
ments with regard to such grounds and facilities by the ground lessee,
and parties contracting with the ground lessee, and in connection with
such activities, the obtaining of funding or financing, whether public
or private, unsecured or secured (including, but not limited to, secured
by leasehold mortgages and assignments of rents and leases), by the
ground lessee and parties contracting with the ground lessee for the
purposes of completing the project described in this act.
§ 6. Such lease shall include an indemnity provision whereby the
lessee or sublessee promises to indemnify, hold harmless and defend the
lessor against all claims, suits, actions, and liability to all persons
on the leased premises, including tenant, tenant's agents, contractors,
subcontractors, employees, customers, guests, licensees, invitees and
members of the public, for damage to any such person's property, whether
real or personal, or for personal injuries arising out of tenant's use
or occupation of the demised premises.
§ 7. Any contracts entered into pursuant to this act between the
ground lessee and parties contracting with the ground lessee shall be
awarded by a competitive process.
A. 10152 3
§ 8. The property authorized by this act to be leased to the ground
lessee is generally described as approximately 8 acres of land situated
on Stony Brook's Research and Development Park within the town of Brook-
haven, county of Suffolk, state of New York, commencing at a concrete
monument found on the southwesterly sideline of Stony Brook road (66
feet wide) where the same is intersected by the dividing line of section
273, block 1, lot 3 to the north with the northerly line of the subdivi-
sion known as "Map of University Heights at Flowerfield, Section No. 6",
filed September 27, 1965 as map no. 4479, to the South. the said
commencement point having state plane coordinate values of, North
268163.304 and East 1224698.785, and running the following two (2)
courses to the point of beginning:
A) along the said dividing line, South 61 degrees 59 minutes 05
seconds West, a distance of 395.30 feet; thence
B) along the same, South 51 degrees 07 minutes 47 seconds West, a
distance of 584.24 feet to the point of beginning. From the said point
of beginning, running; thence
1) continuing along the aforementioned dividing line, South 51 degrees
07 minutes 47 seconds West, a distance of 406.75 feet; thence crossing
into aforementioned lot 1 the following four (4) courses:
2) North 38 degrees 52 minutes 13 seconds west, a distance of 1152.33
feet to a point on the southeasterly side of development drive, a
private roadway of undesignated width; thence
3) following the said side of development drive, on a curve to the
right having a radius of 3485.50 feet, a central angle of 03 degrees 09
minutes 38 seconds and an arc length of 192.27 feet, the chord of which
bears North 69 degrees 55 minutes 59 seconds East for a distance of
192.25 feet to a point of tangency; thence
4) North 71 degrees 30 minutes 49 seconds east, a distance of 46.00
feet; thence
5) South 48 degrees 28 minutes 00 seconds east, a distance of 1089.59
feet to the point and place of beginning.
The above-described lease area contains 348,485 square feet or 8.0001
acres of land.
The above-described preservation area was written in accordance with a
map entitled, "Lease area sketch, proposed Veeco lease area, Stony Brook
university, part of section 273, block 1, lot 3, town of Brookhaven,
county of Suffolk, state of New York" prepared by Gallas Surveying
Group, dated March 6, 2024, subject to all existing easements and
restrictions of record.
§ 9. The State University of New York shall not lease lands described
in this act unless any such lease shall be executed within 5 years of
the effective date of this act.
§ 10. Insofar as the provisions of this act are inconsistent with the
provisions of any law, general, special or local, the provisions of this
act shall be controlling.
§ 11. This act shall take effect immediately.