S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10306
 
                           I N  A S S E M B L Y
 
                               May 17, 2024
                                ___________
 
 Introduced by COMMITTEE ON RULES -- (at request of M. of A. Jean-Pierre)
   -- read once and referred to the Committee on Higher Education
 
 AN  ACT  in  relation to authorizing the state university of New York at
   Farmingdale to lease certain lands to the Farmingdale  state  develop-
   ment corporation
 
   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  Farmingdale  ("Farmingdale") seeks to use
 approximately 9.26 acres of underutilized land on  Farmingdale's  campus
 for the purpose of multi-purpose facilities to support housing needs and
 supporting  amenities,  fulfilling a necessary and vital public purpose.
 The legislature further finds that granting the trustees  of  the  state
 university of New York ("Trustees") the authority and power to lease and
 otherwise contract to make available grounds and facilities of the Farm-
 ingdale  campus  will  ensure  such  land is utilized for the benefit of
 Farmingdale, the surrounding community, and the general public.
   § 2. Notwithstanding any other law to the contrary, the state  univer-
 sity  Trustees are authorized and empowered, without any public bidding,
 to lease and otherwise contract to make available to  Farmingdale  state
 development  corporation,  a  not-for-profit  corporation  (the  "ground
 lessee"), a portion of the lands of the university  generally  described
 in this act for the purpose of developing, constructing, maintaining and
 operating multi-purpose facilities to support housing needs and support-
 ing  amenities. Such lease or contract shall be for a period not exceed-
 ing ninety-nine years without any fee simple  conveyance  and  otherwise
 upon  terms  and  conditions determined by such Trustees, subject to the
 approval of the director of the division 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  imme-
 diately  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15591-01-4
 A. 10306                            2
 
 that is the subject of such lease or contract and any improvements ther-
 eon shall revert to the state university of New York on  the  expiration
 of  such  contract or lease.  Any and all proceeds related to the leases
 authorized  by this act shall be used for the benefit of the Farmingdale
 campus and the allocation of such proceeds shall be subject to  approval
 by the 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. Notwithstanding any law, rule or regulation to the contrary, the
 state university of New York shall not contract out to Farmingdale state
 development corporation or any subsidiary for  the  instruction  or  any
 pedagogical  functions  or services, or any administrative services, and
 similar professional services currently being performed by state employ-
 ees. All such functions and services shall be performed by state employ-
 ees pursuant to the civil service law. Nothing in this act shall  result
 in  the  displacement of any currently employed state worker or the loss
 of position (including partial displacement such  as  reduction  in  the
 hours  of  non-overtime, wages or employment benefits), or result in the
 impairment of existing contracts for services or  collective  bargaining
 rights  pursuant  to existing agreements. All positions currently at the
 state university of New York in the unclassified service  of  the  civil
 service  law  shall  remain  in the unclassified service. No services or
 work on the property described in this act currently performed by public
 employees or future work that is similar in scope and nature to the work
 being currently performed by public employees shall be contracted out or
 privatized by the state university of New York or by an affiliated enti-
 ty or associated entity of the state university of New  York.  All  such
 future work shall be performed by public employees.
   §  6.  For  the purposes of this act: (a) "project" shall mean work at
 the property authorized by this act to be leased  to  Farmingdale  state
 development  corporation as described in section twelve of this act that
 involves the design,  construction,  reconstruction,  demolition,  exca-
 vation, rehabilitation, repair, renovation, alteration or improvement of
 Farmingdale state development corporation property.
   (b)  "project  labor  agreement"  shall  mean  a  pre-hire  collective
 bargaining agreement between a  contractor  and  a  labor  organization,
 establishing  the labor organization as the collective bargaining repre-
 A. 10306                            3
 
 sentative for all persons who will perform  work  on  the  project,  and
 which  provides that only contractors and subcontractors who sign a pre-
 negotiated agreement with the labor  organization  can  perform  project
 work.
   § 7. Nothing in this act shall be deemed to waive or impair any rights
 or benefits 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 certified representatives of such employees and the state of
 New York pursuant to article 14 of  the  civil  service  law;  all  work
 performed on such property that ordinarily would be performed by employ-
 ees  subject to article 14 of the civil service law shall continue to be
 performed by such employees.
   § 8. Notwithstanding the provisions of any general, special, or  local
 law or judicial decision to the contrary:
   (a) Farmingdale state development corporation may require a contractor
 awarded  a  contract, subcontract, 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  Farmingdale  state  development  corporation's   request   for
 proposals  for  the  project  and when the Farmingdale state development
 corporation determines 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  including:  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 Farmingdale state development corporation does  not  require  a
 project  labor  agreement,  then  any  contractor, subcontractor, lease,
 grant, bond, covenant or other agreements for a project shall be awarded
 pursuant to section 135 of the state finance law.
   § 9. 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  Farmingdale  state
 development  corporation, and parties contracting with Farmingdale state
 development corporation, 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  mort-
 gages  and assignments of rents and leases), by Farmingdale state devel-
 opment corporation and parties contracting with Farmingdale state devel-
 opment corporation for the purposes of completing the project  described
 in this act.
   §  10.  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.
   §  11.  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.
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   §  12. The property authorized by this act to be leased to Farmingdale
 state development corporation is generally described as that  parcel  of
 real  property  with  improvements thereon consisting of a total of 9.26
 acres situated on the campus of the State  University  of  New  York  at
 Farmingdale.  The  description  in this section of the parcel to be made
 available pursuant to this act is not meant to be a  legal  description,
 but is intended only to identify the parcel:
   All  that  certain  plot,  piece or parcel of land, situate, lying and
 being at Melville, Town of Huntington, County of Suffolk  and  State  of
 New York, being more particularly bounded and described as follows:
 BEGINNING at the corner formed by the intersection of the southerly side
 of  Melville  Road  with  the  westerly  side of Route 110 (Broad Hollow
 Road).
 Running Thence the following 12 (twelve) courses and distances:
 1. Southerly, along the westerly side of Route 110, along the arc  of  a
 curve,  bearing  to  the  right,  having  a radius of 5629.58 feet and a
 length of 241.37 feet;
 2. Still along said side, South 18 degrees 09 minutes 05 seconds West, a
 distance of 121.11 feet;
 3. Westerly, North 56 degrees 29 minutes 30 seconds West, a distance  of
 100.00 feet;
 4. Southerly, South 15 degrees 47 minutes 32 seconds West, a distance of
 125.97 feet;
 5.  Westerly, North 56 degrees 29 minutes 30 seconds West, a distance of
 545.14 feet;
 6. Still westerly, North 56  degrees  05  minutes  25  seconds  West,  a
 distance of 382.45 feet;
 7.  Still  westerly,  North  56  degrees  57  minutes 00 seconds West, a
 distance of 300 feet, to the southerly side of Melville Road;
 8. Easterly, along said side, along the arc of a curve, bearing  to  the
 right, having a radius of 512.54 feet, and a length of 485.98 feet;
 9. Still along said side, South 66 degrees 50 minutes 52 seconds East, a
 distance of 196.45 feet;
 10.  Still  along  said  side,  along the arc of a curve, bearing to the
 left, having a radius of 1313.24 feet and a length of 274.97 feet;
 11. Still along said side, South 78 degrees 50 minutes 40 seconds  East,
 a distance of 228.40 feet;
 12.  Still along said side, South 45 degrees 52 minutes 29 seconds East,
 a distance of 130.39 feet, to the westerly side of  Route  110,  at  the
 Point or Place of BEGINNING.
 Containing  within  said  bounds  an  area  of  9.26 acres more or less.
 Subject to all existing easements and restrictions of record.
   § 13. 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.
   §  14. 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.
   § 15. This act shall take effect immediately.