S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1628
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced  by  M.  of  A. McDONALD, STIRPE, FAHY, STECK, SIMON, COLTON,
   MORINELLO, LUPARDO, OTIS, DeSTEFANO, JACOBSON -- Multi-Sponsored by --
   M. of A.  HYNDMAN, TAGUE -- read once and referred to the Committee on
   Governmental Operations
 
 AN ACT to amend the public buildings law, in relation to  the  authority
   of the commissioner of general services to  lease public buildings
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 12 of section 3 of the public buildings law, as
 amended by section 47 of part T of chapter 57 of the laws  of  2007,  is
 amended to read as follows:
   12. Lease from time to time buildings, rooms or premises in the county
 of  Albany,  and  elsewhere as required, for providing space for depart-
 ments, commissions, boards and officers of the  state  government,  upon
 such  terms  and  conditions as he or she deems most advantageous to the
 state. Any such lease shall, however, be for a term  not  exceeding  ten
 years,  except that, the commissioner of general services may enter into
 leases for a term not exceeding fifteen years when, in the  judgment  of
 such  commissioner,  such  longer  term  is in the best interests of the
 state. Any such lease may provide for optional renewals on the  part  of
 the state, for terms of ten years or less. Each such lease shall contain
 a  clause  stating  that  the  contract of the state thereunder shall be
 deemed executory only to the extent of  moneys  available  therefor  and
 that no liability shall be incurred by the state beyond the money avail-
 able for such purpose.  Notwithstanding the provisions of any other law,
 except section sixteen hundred seventy-six of the public authorities law
 relating  to  use  of  dormitory  authority  facilities by the aged, the
 commissioner of general services shall have sole and exclusive authority
 to lease space for state departments, agencies, commissions, boards  and
 officers  within the county of Albany. Any buildings, rooms or premises,
 now or hereafter held by the  commissioner  of  general  services  under
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04826-01-3
              

 A. 1628                             2
 
 lease, may be sublet, in part or in whole, provided that in the judgment
 of  such  commissioner, and the occupying department, commission, board,
 and officers of the state government, such buildings, rooms or  premises
 are  not  for  a  time  needed. EACH SUCH LEASE WITH A LIMITED LIABILITY
 COMPANY SHALL IDENTIFY THE NAMES AND RESIDENCE ADDRESSES OF ALL  NATURAL
 PERSONS  WHO ARE TO BE THE MEMBERS, MANAGERS AND ANY AUTHORIZED PERSONS,
 IF ANY, OF THE LIMITED LIABILITY COMPANY, AND THE  NAMES  AND  RESIDENCE
 ADDRESSES  OR, IF NONE, THE BUSINESS ADDRESS OF ALL SHAREHOLDERS, DIREC-
 TORS, OFFICERS, MEMBERS, MANAGERS AND PARTNERS OF ANY LIMITED  LIABILITY
 COMPANY OR OTHER BUSINESS ENTITY THAT ARE TO BE THE MEMBERS, MANAGERS OR
 AUTHORIZED  PERSONS, IF ANY, OF THE LIMITED LIABILITY COMPANY. THE IDEN-
 TIFICATION OF SUCH NAMES SHALL NOT BE DEEMED AN UNWARRANTED INVASION  OF
 PERSONAL  PRIVACY PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS LAW. IF
 ANY SUCH MEMBER, MANAGER OR AUTHORIZED PERSON OF THE  LIMITED  LIABILITY
 COMPANY  IS ITSELF A LIMITED LIABILITY COMPANY OR OTHER BUSINESS ENTITY,
 THE NAMES  AND  ADDRESSES  OF  THE  SHAREHOLDERS,  DIRECTORS,  OFFICERS,
 MEMBERS, MANAGERS AND PARTNERS OF THE LIMITED LIABILITY COMPANY OR OTHER
 BUSINESS  ENTITY  SHALL ALSO BE DISCLOSED UNTIL FULL DISCLOSURE OF ULTI-
 MATE OWNERSHIP BY NATURAL PERSONS IS  ACHIEVED.  FOR  PURPOSES  OF  THIS
 SUBDIVISION,  THE  TERMS  "MEMBERS,"  "MANAGERS,"  "AUTHORIZED  PERSON,"
 "LIMITED LIABILITY COMPANY" AND "OTHER BUSINESS ENTITY" SHALL  HAVE  THE
 SAME  MEANING  AS  THOSE TERMS ARE DEFINED IN SECTION ONE HUNDRED TWO OF
 THE LIMITED LIABILITY COMPANY LAW. Notwithstanding any  other  provision
 of law to the contrary, if bonds or notes are issued pursuant to section
 sixteen  hundred  eighty-n of the public authorities law for the purpose
 of acquiring a building or other facility previously financed by a lease
 or lease-purchase obligation as  authorized  herein,  the  state  agency
 which  is  the  tenant  in  occupancy  shall  be authorized to remit tax
 payments or payments in  lieu  of  thereof  to  the  appropriate  taxing
 authority  in  a manner consistent with the process and term established
 under the original lease or lease-purchase for the subject property  for
 a  period  coincident  with  the term of the lease as established at the
 commencement of the term thereof. The state may undertake  a  certiorari
 review of assessments that may be imposed from time to time.
   §  2.  Subdivision  12  of  section  3 of the public buildings law, as
 amended by section 48 of part T of chapter 57 of the laws  of  2007,  is
 amended to read as follows:
   12. Lease from time to time buildings, rooms or premises in the county
 of  Albany,  and  elsewhere as required, for providing space for depart-
 ments, commissions, boards and officers of the  state  government,  upon
 such  terms  and  conditions as he or she deems most advantageous to the
 state. Any such lease shall, however, be for a term  not  exceeding  ten
 years,  but  may provide for optional renewals on the part of the state,
 for terms of ten years or less. Each such lease shall contain  a  clause
 stating that the contract of the state thereunder shall be deemed execu-
 tory only to the extent of moneys available therefor and that no liabil-
 ity  shall  be incurred by the state beyond the money available for such
 purpose. EACH SUCH LEASE WITH A LIMITED LIABILITY COMPANY SHALL IDENTIFY
 THE NAMES AND RESIDENCE ADDRESSES OF ALL NATURAL PERSONS WHO ARE  TO  BE
 THE MEMBERS, MANAGERS AND ANY AUTHORIZED PERSONS, IF ANY, OF THE LIMITED
 LIABILITY  COMPANY,  AND  THE NAMES AND RESIDENCE ADDRESSES OR, IF NONE,
 THE BUSINESS ADDRESS OF ALL SHARE HOLDERS, DIRECTORS, OFFICERS, MEMBERS,
 MANAGERS AND PARTNERS OF ANY LIMITED LIABILITY COMPANY OR OTHER BUSINESS
 ENTITY THAT ARE TO BE THE MEMBERS, MANAGERS OR  AUTHORIZED  PERSONS,  IF
 ANY,  OF THE LIMITED LIABILITY COMPANY. THE IDENTIFICATION OF SUCH NAMES
 SHALL NOT BE DEEMED AN UNWARRANTED INVASION OF PERSONAL PRIVACY PURSUANT
 A. 1628                             3
 
 TO ARTICLE SIX OF THE PUBLIC OFFICERS LAW. IF ANY SUCH  MEMBER,  MANAGER
 OR AUTHORIZED PERSON OF THE LIMITED LIABILITY COMPANY IS ITSELF A LIMIT-
 ED  LIABILITY  COMPANY OR OTHER BUSINESS ENTITY, THE NAMES AND ADDRESSES
 OF THE SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS AND PARTNERS
 OF  THE  LIMITED LIABILITY COMPANY OR ANOTHER BUSINESS ENTITY SHALL ALSO
 BE DISCLOSED UNTIL FULL DISCLOSURE  OF  ULTIMATE  OWNERSHIP  BY  NATURAL
 PERSONS  IS  ACHIEVED.  FOR  PURPOSES  OF  THIS  SUBDIVISION,  THE TERMS
 "MEMBERS," "MANAGERS," "AUTHORIZED PERSON," "LIMITED LIABILITY  COMPANY"
 AND  "OTHER  BUSINESS ENTITY" SHALL HAVE THE SAME MEANING AS THOSE TERMS
 ARE DEFINED IN SECTION ONE HUNDRED TWO OF THE LIMITED LIABILITY  COMPANY
 LAW.  Notwithstanding  the  provisions  of any other law, except section
 sixteen hundred seventy-six of the public authorities  law  relating  to
 use  of  dormitory authority facilities by the aged, the commissioner of
 general services shall have sole and exclusive authority to lease  space
 for state departments, agencies, commissions, boards and officers within
 the county of Albany. Any buildings, rooms or premises, now or hereafter
 held by the commissioner of general services under lease, may be sublet,
 in  part or in whole, provided that in the judgment of the commissioner,
 and the occupying department, commission, board,  and  officers  of  the
 state  government,  such buildings, rooms or premises are not for a time
 needed.
   § 3. The commissioner of general services  is  hereby  authorized  and
 directed  to promulgate rules and regulations to effectuate the purposes
 of this act.
   § 4. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law, provided, however that:
   a. section three of this act shall take effect immediately;
   b.  the provisions of this act shall only apply to leases entered into
 after such effective date; and
   c. the amendments to subdivision 12 of section 3 of the public  build-
 ings law made by section one of this act shall be subject to the expira-
 tion  and  reversion  of  such  subdivision pursuant to subdivision 4 of
 section 27 of chapter 95 of the laws of 2000, as amended, when upon such
 date the provisions of section two of this act shall take effect.