S LBD15152-03-4
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§ 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
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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
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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
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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.
