S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9483
 
                             I N  S E N A T E
 
                               May 16, 2024
                                ___________
 
 Introduced  by  Sen. PALUMBO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Higher Education
 
 AN ACT relating to authorizing the state university of New York at Stony
   Brook to lease certain lands to construct multi-purpose facilities  to
   support housing needs and supporting amenities
 
   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") seeks to use
 approximately 10 acres of underutilized land on Stony Brook's  Southamp-
 ton  campus  to  build 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
 Stony Brook's campus will ensure such land is utilized for  the  benefit
 of Stony Brook, the surrounding community, and the general public.
   §  2.  Notwithstanding any other law to the contrary, the 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 Stony Brook generally described in this act for the purpose of
 developing, constructing, maintaining and operating multi-purpose facil-
 ities to support housing needs and supporting amenities. Such  lease  or
 contract  shall  be for a period not exceeding ninety-nine years without
 any fee simple conveyance and otherwise upon terms and conditions deter-
 mined 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 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15459-01-4
 S. 9483                             2
 
 sity 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 Stony Brook 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  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 subcon-
 tractor on the project, including the  enforcement  of  prevailing  wage
 requirements by the fiscal officer as defined in paragraph e of subdivi-
 sion  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 for the instruction
 or  any  pedagogical  functions  or  services,  or  any   administrative
 services, and similar professional services currently being performed by
 state  employees.  All such functions and services 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 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 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 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 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 as described in section twelve of this  act  that  involves
 the  design, construction, reconstruction, demolition, excavating, reha-
 bilitation, repair, renovation, alteration or improvement of such  prop-
 erty.
   (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-
 S. 9483                             3
 
 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: (a)  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 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  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 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.
   § 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 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.
   § 12. The property authorized by this act to be leased to  the  ground
 lessee  is  generally  described  as approximately 11.4972 acres of land
 situated on the campus of the state university  of  New  York  at  Stony
 Brook  within  the  town  of Brookhaven, county of Suffolk, state of New
 York more particularly described as follows:
 S. 9483                             4
 
   Beginning at a point on the southerly sideline of section  211,  block
 6,  lot  9,  now  or  formerly belonging to the MTA-LIRR, the said point
 being distant 1135.50 feet on a bearing of south 86 degrees  01  minutes
 07 seconds west from the intersection of the said LIRR sideline with the
 westerly  sideline of Tuckahoe road (50 feet wide), and running from the
 said point of beginning; thence
   Running through section 211, block 1, lot 1  the  following  nine  (9)
 courses:
   (1)  south  00  degrees  15  minutes 03 seconds east for a distance of
 456.85 feet; thence
   (2) south 85 degrees 52 minutes 00 seconds west, a distance  of  97.30
 feet to a point of curvature; thence
   (3)  on  a curve to the left having a radius of 100.00 feet, a central
 angle of 19 degrees 15 minutes 58 seconds and an  arc  length  of  33.63
 feet to a point of reverse curvature; thence
   (4)  on a curve to the right having a radius of 100.00 feet, a central
 angle of 17 degrees 48 minutes 58 seconds and an  arc  length  of  31.09
 feet to a point of tangency; thence
   (5)  south 84 degrees 25 minutes 00 seconds west, a distance of 105.00
 feet to a point of curvature; thence
   (6) on a curve to the left having a radius of 65.00  feet,  a  central
 angle  of  73  degrees  17 minutes 00 seconds and an arc length of 83.14
 feet to a point of tangency; thence
   (7) south 11 degrees 08 minutes 00 seconds west, a distance  of  54.50
 feet; thence
   (8)  south  31 degrees 46 minutes 02 seconds west, being radial to the
 following course, a distance of 48.50 feet; thence
   (9) on a curve to the left having a radius of 125.00 feet,  a  central
 angle  of  39  degrees 49 minutes 32 seconds, and an arc length of 86.89
 feet to a point of tangency; thence
   (10) continuing through said lot 1, passing through section 210, block
 2, lot 26 and then crossing into section 210, block 2, lot 25, south  81
 degrees 56 minutes 30 seconds west, a distance of 326.00 feet to a point
 of curvature; thence
   (11)  continuing  through said lot 25, on a curve to the left having a
 radius of 100.00 feet, a central angle  of  43  degrees  59  minutes  00
 seconds, and an arc length of 76.77 feet to a point of tangency; thence
   (12)  continuing  through said lot 25 and crossing back into aforemen-
 tioned lot 26, south 37 degrees 57 minutes 30 seconds west,  a  distance
 of 250.00 feet; thence
   (13)  continuing  through  said lot 26, south 59 degrees 26 minutes 00
 seconds west, a distance of 32.50 feet; thence
   (14) continuing through said lot 26 and crossing back  into  aforemen-
 tioned  lot  25, north 30 degrees 34 minutes 00 seconds west, a distance
 of 126.00 feet to a point of curvature; thence
   (15) continuing through said lot 25, on a curve to the left  having  a
 radius  of  65.00  feet,  a  central  angle  of 48 degrees 54 minutes 30
 seconds, and an arc length of 55.48 feet to a point of tangency; thence
   (16) continuing through the same,  north  79  degrees  28  minutes  30
 seconds west, a distance of 92.22 feet; thence
   (17)  along  the dividing line of said lot 25 to the east with section
 210, block 2, lot 11.3 to the west,  north  17  degrees  43  minutes  47
 seconds east, a distance of 160.35 feet; thence
   (18)  along  the  dividing  line  of said lot 25 to the southeast with
 section 210, block 2, lots 11.3, 11.4 and 11.5 to the  northwest,  north
 55 degrees 50 minutes 47 seconds east, a distance of 438.30 feet; thence
 S. 9483                             5
 
   (19)  along the dividing line of aforementioned lot 1 to the southeast
 with said lot 11.5 to the northwest, north  55  degrees  51  minutes  07
 seconds east, a distance of 315.93 feet; thence
   (20)  along  same,  north  24  degrees  08  minutes 33 seconds west, a
 distance of 155.67 feet; thence
   (21) along the dividing line of said lot 1 to the south with aforemen-
 tioned lot 9 to the north, north 86 degrees 01 minutes 07 seconds  east,
 a distance of 593.70 feet to the point and place of Beginning.
   The above-described lease area contains 500,818 square feet or 11.4972
 acres of land.
   The  above-described development area was written in accordance with a
 map entitled, "Property Sketch, Proposed Southampton  Development  Area,
 Stony  Brook University, part of section 210, block 2, lots 25 & 26, and
 part of section 211, block 1, lot 1,  town  of  Southampton,  county  of
 Suffolk,  state  of  New York" prepared by Gallas Surveying Group, dated
 March 12, 2024, revised March 18, 2024.
   § 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.