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This entry was published on 2024-05-31
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SECTION 370
Definitions
Education (EDN) CHAPTER 16, TITLE 1, ARTICLE 8-A
§ 370. Definitions. As used or referred to in this article, unless a
different meaning clearly appears from the context:

1. "Comptroller" shall mean the state comptroller.

2. "Director of the budget" shall mean the state director of the
budget.

3. "Dormitory" shall mean a housing unit or any emergency temporary
housing, with necessary and usual attendant and related facilities and
equipment, for the use of students, faculty and staff, and their
families, at a state-operated institution or statutory or contract
college under the jurisdiction of the state university.

4. "Facility" shall mean a classroom, lecture hall, library,
laboratory or other academic building, a dormitory, or any structure on
or improvement to real property of any kind or description, including
fixtures and equipment which are an integral part of any such building,
structure or improvement, a walkway or roadway, and improvements and
connections for water, sewer, gas, electrical, telephone, heating, air
conditioning and other utility services, at a state-operated institution
or statutory or contract college under the jurisdiction of the state
university.

5. "Federal government" shall mean the United States of America, and
any officer, department, board, commission, bureau, division,
corporation, agency or instrumentality thereof.

6. "Fund" shall mean the state university construction fund created by
subdivision one of section three hundred seventy-one of this chapter.

* 6-a. "Large-scale construction project" shall mean any project for
which the total estimated cost of the contract or contracts is ten
million dollars or more that is:

(a) a project performed under the approved master plan of the state
university submitted pursuant to subdivision thirteen of section three
hundred fifty-five of this chapter; or

(b) which involves the construction, acquisition, reconstruction,
rehabilitation or improvement of academic buildings, dormitories and
other facilities, with respect to university-related economic
development projects authorized by law pursuant to section three hundred
seventy-two-a of this article.

* NB Effective January 1, 2025

7. "Letting agency" shall mean (i) the dormitory authority or other
state agency which by agreement with the fund is to award the contracts
for a particular construction, acquisition, reconstruction,
rehabilitation or improvement project, or (ii) the fund if it is to
award such contracts.

8. "Real property" shall mean lands, waters, rights in lands or
waters, structures, franchises and interests in land, including lands
under water and riparian rights, and any and all other things and rights
usually included within the same term and includes also any and all
interests in such property less than full title, such as easements
permanent or temporary, rights-of-way, uses, leases, licenses and all
other incorporeal hereditaments in every estate, interest or right,
legal or equitable.

9. "State" shall mean the state of New York.

10. "State agency" shall mean any officer, department, board,
commission, bureau, division, public benefit corporation, agency or
instrumentality of the state.

11. "State-operated institutions" shall mean institutions comprising
the state university as provided for in subdivision three of section
three hundred fifty-two of this chapter but not including statutory or
contract colleges.

12. "State retirement systems" shall mean (i) the New York state
teachers' retirement system provided for in section five hundred two of
this chapter and (ii) the New York state employees' retirement system
provided for in section ten of the retirement and social security law.

13. "State university" shall mean the state university of New York as
defined in section three hundred fifty of this chapter.

14. "Statutory or contract colleges" shall mean colleges furnishing
higher education, operated by private institutions on behalf of the
state pursuant to statute or contractual agreements; provided that an
institution not otherwise a statutory or contract college shall not
become a statutory or contract college because of its receipt of state
funds or financial assistance pursuant to section three hundred
fifty-eight of this chapter, or by entering into any contract pursuant
to that section.