NY State Assembly Bill 2023-A10522

Assembly Bill A10522

2023-2024 Legislative Session

Relates to authorizing the state university of New York at Stony Brook to lease certain lands for the purpose of constructing a facility to support research and development of semiconductor chips

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Current 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 04, 2024	print number 10522b
Jun 04, 2024	amend and recommit to higher education
Jun 03, 2024	print number 10522a
Jun 03, 2024	amend and recommit to higher education
May 31, 2024	referred to higher education

Bill Amendments

Original

B (Active)

2023-A10522 - Details

Current Committee:: Assembly Higher Education
Law Section:: New York State University

2023-A10522 - Summary

Authorizes the state university of New York at Stony Brook to lease certain lands for the purpose of developing a facility to support research and development to address the national semiconductor chip shortage and related environmental sustainability issues.

2023-A10522 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10522
 
                           I N  A S S E M B L Y
 
                               May 31, 2024
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Stern) --
   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")  created  the
 Research  and Development Park in order to support the cross-pollination
 of ground-breaking research and cutting edge technology in  the  private
 sector to benefit the students, faculty and staff as well as the broader
 community. Now, Stony Brook has determined there is an opportunity for a
 private  entity  to construct an additional facility in the Research and
 Development Park, which would provide needed  additional  facilities  to
 support  the research and development needs of faculty, staff, students,
 and the community and seeks to use approximately 8  acres  of  underuti-
 lized  land  on  Stony  Brook's Research and Development Park to build a
 facility to address these research and development  needs,  as  well  as
 engage in its private commercial research, development and manufacturing
 of  tools to fabricate semiconductor chips, other memory storage devices
 or any future technology developed to hold data for later retrieval. The
 private entity, which provides new technology to aid in the  manufacture
 of  semiconductor  chips,  would address the national semiconductor chip
 shortage and related environmental sustainability issues,  fulfilling  a
 necessary  and  vital state and federal 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 available in this manner will ensure such
 land is utilized for the benefit of  Stony  Brook  and  the  surrounding
 community.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15152-03-4
 A. 10522                            2
 
   §  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 engage in its private commercial
 research, development and  manufacturing  purposes,  while  additionally
 providing  dedicated  space which will support the research and develop-
 ment 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 one hundred (100) years
 without any fee simple conveyance and otherwise upon  terms  and  condi-
 tions determined by such trustees, subject to the approval of the direc-
 tor  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 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  University  of  New  York  on  the expiration of such contract or
 lease. The allocation of any and all  proceeds  related  to  the  leases
 authorized by this act shall be subject to approval by the state univer-
 sity 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 the ground lessee
 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 employees  at  Stony  Brook.
 Any  such  functions  and services performed in the space used by or for
 the research of faculty, staff and students  of  Stony  Brook  shall  be
 performed  by state employees pursuant to the civil service law. Nothing
 in this act shall result in the displacement of any  currently  employed
 A. 10522                            3
 
 state  worker  or  the  loss of position (including partial displacement
 such as reduction in the hours of nonovertime, wages or employment bene-
 fits), or result in the impairment of existing contracts for services or
 collective  bargaining rights pursuant to existing agreements. All posi-
 tions 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 performed in the space used by or  for  the
 research  of faculty, staff and students of Stony  Brook 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 entity or associ-
 ated entity of the state university of New York. All  such  future  work
 shall  be  performed  by  public  employees.  Nothing  herein  shall  be
 construed to require a private commercial enterprise to  be  subject  to
 the  civil  service law, the collective bargaining agreements or to have
 its own employees deemed state employees for any purpose when engaged in
 its private commercial activities, and the ground lessee is not deemed a
 state agency for any purpose other than as provided for in this act.
   § 6. For the purposes of this act:
   (a) "project" shall mean work at the property authorized by  this  act
 to  be leased to the ground lessee as described in section eight of this
 act that involves the design, construction, reconstruction,  demolition,
 excavating,  rehabilitation,  repair, renovation, alteration or improve-
 ment of such 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-
 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. (a) Notwithstanding the provisions of any  general,  special,  or
 local  law  or  judicial decision to the contrary: the ground lessee 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 the ground lessee's request for proposals
 for the project and when the state university of New York at Stony Brook
 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 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  the  state  university  of  New  York at Stony Brook 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.
   § 8. 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 in the spaces used by or for the research  of
 the  faculty, staff and students of Stony Brook that ordinarily would be
 A. 10522                            4

 performed by employees subject to article 14 of the  civil  service  law
 shall continue to be performed by such employees.
   § 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 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.
   § 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 construction contracts entered into  pursuant  to  this  act
 between the ground lessee and parties contracting with the ground lessee
 for  purposes  of  the  construction,  demolition, reconstruction, exca-
 vation, rehabilitation, repair, renovation, alterations or  improvements
 to such structure shall be awarded by a competitive process.
   §  12.  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
 A. 10522                            5
 
   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.
   § 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.

2023-A10522A - Details

Current Committee:: Assembly Higher Education
Law Section:: New York State University

2023-A10522A - Summary

2023-A10522A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10522--A
 
                           I N  A S S E M B L Y
 
                               May 31, 2024
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Stern) --
   read once and referred to the Committee on Higher Education -- commit-
   tee discharged, bill amended, ordered reprinted as amended and  recom-
   mitted to said committee
 
 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") created the
 Research and Development Park in order to support the  cross-pollination
 of  ground-breaking  research and cutting edge technology in the private
 sector to benefit the students, faculty and staff as well as the broader
 community. Now, Stony Brook has determined there is an  opportunity  for
 Veeco  to  construct an additional facility in the Research and Develop-
 ment Park, which would provide needed additional facilities  to  support
 the  research and development needs of faculty, staff, students, and the
 community and seeks to use approximately 8 acres of  underutilized  land
 on  Stony  Brook's  Research and Development Park to build a facility to
 address these research and development needs, as well as engage  in  its
 private  commercial  research, development and manufacturing of tools to
 fabricate semiconductor chips,  other  memory  storage  devices  or  any
 future  technology  developed  to  hold data for later retrieval. Veeco,
 which provides new technology to aid in the manufacture of semiconductor
 chips, would  address  the  national  semiconductor  chip  shortage  and
 related  environmental sustainability issues, fulfilling a necessary and
 vital state and federal 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  available  in  this  manner  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

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15152-05-4
 A. 10522--A                         2
 
 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 engage in its private commercial
 research, development and  manufacturing  purposes,  while  additionally
 providing  dedicated  space which will support the research and develop-
 ment 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 one hundred (100) years
 without any fee simple conveyance and otherwise upon  terms  and  condi-
 tions determined by such trustees, subject to the approval of the direc-
 tor  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 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  university  of  New  York  on  the expiration of such contract or
 lease. The allocation of any and all  proceeds  related  to  the  leases
 authorized by this act shall be subject to approval by the state univer-
 sity 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 the ground lessee
 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 employees  at  Stony  Brook.
 Any  such  functions  and services performed in the space used by or for
 the research of faculty, staff and students  of  Stony  Brook  shall  be
 performed  by state employees 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 nonovertime, wages or employment bene-
 A. 10522--A                         3
 
 fits), or result in the impairment of existing contracts for services or
 collective bargaining rights pursuant to existing agreements. All  posi-
 tions  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 performed on the property described in this
 act currently performed by public employees, or 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. The state university of New York acknowledges its  obligations  as
 an  employer  under  the  civil  service law and agrees that it will not
 exercise its right to contract out for  goods  and  services  under  any
 applicable collective bargaining agreement.
   § 6. For the purposes of this act:
   (a)  "project"  shall mean work at the property authorized by this act
 to be leased to the ground lessee as described in section eight of  this
 act  that involves the design, construction, reconstruction, demolition,
 excavating, rehabilitation, repair, renovation, alteration  or  improve-
 ment of such 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-
 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. Notwithstanding the provisions of any general, special, or local
 law or judicial decision  to  the  contrary,  the  ground  lessee  shall
 require  the use of a project labor agreement, as defined in subdivision
 1 of section 222 of the labor law, for all contractors  and  subcontrac-
 tors  on  the project, consistent with paragraph (a) of subdivision 2 of
 section 222 of the labor law.
   § 8. 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 in the spaces used by or for the research  of
 the  faculty, staff and students of Stony Brook that ordinarily would be
 performed by employees subject to article 14 of the  civil  service  law
 shall continue to be performed by such employees.
   § 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 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.
   § 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,
 A. 10522--A                         4
 
 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  construction  contracts entered into pursuant to this act
 between the ground lessee and parties contracting with the ground lessee
 for purposes of  the  construction,  demolition,  reconstruction,  exca-
 vation,  rehabilitation, repair, renovation, alterations or improvements
 to such structure shall be awarded by a competitive process.
   § 12. 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.
   § 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.

2023-A10522B (ACTIVE) - Details

Current Committee:: Assembly Higher Education
Law Section:: New York State University

2023-A10522B (ACTIVE) - Summary

2023-A10522B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10522--B
 
                           I N  A S S E M B L Y
 
                               May 31, 2024
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Stern) --
   read once and referred to the Committee on Higher Education -- commit-
   tee discharged, bill amended, ordered reprinted as amended and  recom-
   mitted  to  said  committee -- again reported from said committee with
   amendments, ordered reprinted  as  amended  and  recommitted  to  said
   committee

 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") created the
 Research and Development Park in order to support the  cross-pollination
 of  ground-breaking  research and cutting edge technology in the private
 sector to benefit the students, faculty and staff as well as the broader
 community. Now, Stony Brook has determined there is an  opportunity  for
 Veeco  to  construct an additional facility in the Research and Develop-
 ment Park, which would provide needed additional facilities  to  support
 the  research and development needs of faculty, staff, students, and the
 community and seeks to use approximately 8 acres of  underutilized  land
 on  Stony  Brook's  Research and Development Park to build a facility to
 address these research and development needs, as well as engage  in  its
 private  commercial  research, development and manufacturing of tools to
 fabricate semiconductor chips,  other  memory  storage  devices  or  any
 future  technology  developed  to  hold data for later retrieval. Veeco,
 which provides new technology to aid in the manufacture of semiconductor
 chips, would  address  the  national  semiconductor  chip  shortage  and
 related  environmental sustainability issues, fulfilling a necessary and
 vital state and federal 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15152-09-4
 A. 10522--B                         2
 
 grounds and facilities of the campus of the state university of New York
 at  Stony  Brook  available  in  this  manner  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
 not-for-profit corporation, established by or affiliated with the  state
 university of New York at Stony Brook, an educational corporation or any
 other  person  (other than the state government or any agency thereof or
 any public authority) 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 engage  in  its  private  commercial
 research,  development  and  manufacturing  purposes, while additionally
 providing dedicated space which will support the research  and  develop-
 ment  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  one  hundred  (100)  years
 without  any  fee  simple conveyance and otherwise upon terms and condi-
 tions determined by such trustees, subject to the approval of the direc-
 tor 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 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 university of New York on  the  expiration  of  such  contract  or
 lease.  The  allocation  of  any  and all proceeds related to the leases
 authorized by this act shall be subject to approval by the state univer-
 sity 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 the ground lessee
 or  any  subsidiary  for the instruction or any pedagogical functions or
 A. 10522--B                         3
 
 services, or  any  administrative  services,  and  similar  professional
 services  currently  being  performed by state employees at Stony Brook.
 Any such functions and services performed in the space used  by  or  for
 the  research  of  faculty,  staff  and students of Stony Brook shall be
 performed by state employees 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 nonovertime, wages or employment bene-
 fits), or result in the impairment of existing contracts for services or
 collective  bargaining rights pursuant to existing agreements. All posi-
 tions 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 performed on the property described in this
 act currently performed by public employees, or 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. The state university of New York acknowledges its  obligations  as
 an  employer  under  the  civil  service law and agrees that it will not
 exercise its right to contract out for  goods  and  services  under  any
 applicable collective bargaining agreement.
   § 6. For the purposes of this act:
   (a)  "project"  shall mean work at the property authorized by this act
 to be leased to the ground lessee as described in section eight of  this
 act  that involves the design, construction, reconstruction, demolition,
 excavating, rehabilitation, repair, renovation, alteration  or  improve-
 ment of such 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-
 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. Notwithstanding the provisions of any general, special, or local
 law or judicial decision  to  the  contrary,  the  ground  lessee  shall
 require  the use of a project labor agreement, as defined in subdivision
 1 of section 222 of the labor law, for all contractors  and  subcontrac-
 tors  on  the project, consistent with paragraph (a) of subdivision 2 of
 section 222 of the labor law.
   § 8. 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 in the spaces used by or for the research  of
 the  faculty, staff and students of Stony Brook that ordinarily would be
 performed by employees subject to article 14 of the  civil  service  law
 shall continue to be performed by such employees.
   § 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 the ground lessee,
 and parties contracting with the ground lessee, and in  connection  with
 such  activities,  the obtaining of funding or financing, whether public
 A. 10522--B                         4
 
 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.
   §  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  construction  contracts entered into pursuant to this act
 between the ground lessee and parties contracting with the ground lessee
 for purposes of  the  construction,  demolition,  reconstruction,  exca-
 vation,  rehabilitation, repair, renovation, alterations or improvements
 to such structure shall be awarded by a competitive process.
   § 12. 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
 A. 10522--B                         5
 
 Group,  dated  March  6,  2024,  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.

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