S T A T E O F N E W Y O R K
________________________________________________________________________
9738--A
I N S E N A T E
May 23, 2024
___________
Introduced by Sen. BRESLIN -- read twice and ordered printed, and when
printed to be committed to the Committee on Higher Education --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT in relation to authorizing the lease of certain lands for the
Albany NanoTech Complex
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 Albany ("UAlbany") seeks to use a portion of
the grounds and facilities on the UAlbany campus for the purposes of the
Albany NanoTech Complex. The New York Center for Research, Economic
Advancement, Technology, Engineering and Science Corporation (hereinaft-
er referred to as "NY CREATES"), is the owner and operator of the Albany
NanoTech Complex, the nation's largest and most advanced semiconductor
R&D facility that brings together industry leaders, academia and inter-
national partners to develop next-generation chips and chip fabrication
processes, and is focused on facilitating industry and public-private
partnerships for next-generation semiconductor technology R&D, commer-
cialization, regional economic development and workforce development
projects. NY CREATES is the parent company of Fuller Road Management
Corporation, a 501(c)(25) corporation established for the purpose of
holding real estate for projects of the State University of New York at
Albany. UAlbany is one of the most diverse public research institutions
in the nation and a national leader in educational equity and social
mobility. As a Carnegie-classified R1 institution, UAlbany faculty and
students advance our understanding of the world in fields such as arti-
ficial intelligence, semiconductors, atmospheric and environmental
sciences, public health, emergency preparedness, engineering, the social
sciences, humanities, and social welfare. At its founding in 2004,
UAlbany's College of Nanotechnology, Science, and Engineering was the
first in the nation devoted specifically to the study of nanotechnology
and was a critical academic partner in the development of NY CREATES'
Albany NanoTech Complex. The University's diverse student body combined
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15762-03-4
S. 9738--A 2
with its broad research portfolio put it in a uniquely strong position
to play a major role in diversifying the next generation of New York's
STEM workforce.
The legislature further finds that UAlbany and NY CREATES have under-
gone long-term collaborations in: (i) fundamental and applied research
projects utilizing the equipment and expertise available in both organ-
izations; (ii) workforce development and training programs to grow the
next generation of semiconductor engineers and technicians; and, (iii)
joint technology commercialization efforts to expand the market for
intellectual property.
The legislature further finds that the ground lease authorized by this
legislation would benefit UAlbany, SUNY, and the State of New York by
advancing: (1) Opportunities for UAlbany and other SUNY faculty and
students to collaborate with NY CREATES, industry and government profes-
sionals to develop innovative academic programming and advance workforce
development initiatives while promoting NY CREATES' Albany NanoTech
Complex nationally and globally to grow its reputation; (2) Continued
support of UAlbany's and other SUNY academic partnerships with external
consortiums with industry, and government agencies nationally and inter-
nationally; (3) Collaboration on programs to train next generation semi-
conductor engineers and technicians, providing students with hands-on
experience and industry-relevant skills through internships, co-op
programs, and collaborative research projects, and to cohost events,
workshops, and seminars aimed at fostering entrepreneurship, creativity,
and innovation; and (4) Pursuit of opportunities for public and private
partnerships to fund joint and collaborative research initiatives,
economic development opportunities, technology transfer programs, and
infrastructure development projects that benefit UAlbany, SUNY, and NY
CREATES.
§ 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 the Fuller Road
Management Corporation a portion of the lands of the university general-
ly described in this act for the purposes of the Albany NanoTech
Complex. Such lease or contract shall be without any fee simple convey-
ance and otherwise upon terms and conditions determined by such trus-
tees, 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 be for a
period not exceeding forty years, and provide that the real property
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.
§ 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.
S. 9738--A 3
§ 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. 1. 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 func-
tions or services, or any administrative services, and similar profes-
sional 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 displace-
ment 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.
2. No services or work on the property described in this act currently
performed by public employees at the time of the effective date of this
act, or that is similar in scope and nature to the work being currently
performed by public employees at the time of the effective date of this
act, shall be contracted out or privatized by SUNY. SUNY 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 the following terms shall have the
following meanings:
(a) "Project" shall mean work at the property authorized by this act
to be leased to the ground lessee as described in section twelve of this
act that involves the design, construction, reconstruction, demolition,
excavation, 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.
(c) "Ground lessee" shall mean the Fuller Road Management Corporation.
§ 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, and all work
performed on such property that ordinarily would be performed by employ-
S. 9738--A 4
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, 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.
§ 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
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 a parcel of real property with improve-
ments thereon consisting of a total of approximately 25.522 acres situ-
ated on the campus of the state university of New York at Albany. The
description in this section of the parcel that may be made available
pursuant to this act is not meant to be a legal description, but is
intended only to identify the parcel:
Beginning at a concrete monument on the easterly highway boundary of
interstate 87, also known as the Adirondack Northway, at its inter-
section with the property division line between lands N/F of national
grid on the south, and lands N/F of SUNY at Albany on the north, said
point being marked by a concrete monument, thence north 22° 06' 24" east
along said highway boundary a distance of 66.07 feet to a point on the
southerly highway boundary of Washington Avenue,
Thence along said road boundary the following seven (7) courses and
distances:
1. North 58° 55' 27" east, a distance of 260.28 feet to a point,
2. Along a curve to the left having a radius of 1727.02 feet, an arc
length of 128.41 feet, a chord bearing of north 59° 54' 49" east, a
chord distance of 128.38 feet to a point,
3. North 54° 22' 33" east, a distance of 308.02 feet to a point,
4. North 52° 40' 20" east, a distance of 179.21 feet to a point,
5. North 55° 09' 41" east, a distance of 308.26 feet to a point,
S. 9738--A 5
6. Along a curve to the right having a radius of 1186.05 feet, an arc
length of 139.91 feet, a chord bearing of north 63° 31' 59" east, a
chord distance of 139.83 feet to a point,
7. North 80° 02' 14" east, a distance of 4.79 feet to a point,
thence through said lands of SUNY at Albany the following five (5)
courses and distances:
1. South 52° 02' 44" east, a distance of 517.07 feet to a point,
2. North 34° 27' 34" east, a distance of 16.93 feet to a point,
3. South 51° 16' 56" east, a distance of 80.00 feet to a point,
4. South 36° 22' 07" west, a distance of 1214.99 feet to a point at
its intersection with the first mentioned property division line between
said lands of national grid and said lands of suny at albany,
thence along said property division line the following eight (8)
courses and distances:
1. north 67° 15' 52" west, a distance of 745.88 feet to a concrete
monument, thence
2. north 52° 07' 07" west, a distance of 117.77 feet to a concrete
monument with suny cap, thence
3. south 37° 52' 53" west, a distance of 31.88 feet to a concrete
monument with suny cap, thence
4. north 67° 15' 52" west, a distance of 82.87 feet to a concrete
monument with suny cap, thence
5. north 21° 06' 33" east, a distance of 110.71 feet to a point,
thence
6. north 22° 23' 43" east, a distance of 49.25 feet to a concrete
monument, thence
7. along a curve to the right having a radius of 70.00 feet, an arc
length of 16.46 feet, a chord bearing of north 74° 13' 30" west, a chord
distance of 16.42 feet to a point, thence
8. north 67° 46' 21" west, a distance of 64.66 feet to the point or
place of beginning.
Containing 1,111,738 sq. ft. (25.522 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.
