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This entry was published on 2023-03-10
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SECTION 373
General powers and duties of fund
Education (EDN) CHAPTER 16, TITLE 1, ARTICLE 8-A
§ 373. General powers and duties of fund. The fund shall have the
following powers in addition to those specifically conferred elsewhere
in this article:

1. To sue and be sued;

2. To have a seal and alter the same at pleasure;

3. To make and alter by-laws for its organization and internal
management;

4. With the approval of the comptroller, to prescribe a system of
accounts;

5. To make rules and regulations governing the exercise of its
corporate powers and the fulfillment of its corporate purposes under
this article, which rules and regulations shall be filed with the
secretary of state in the manner provided by section one hundred two of
the executive law;

6. To accept jurisdiction over and to hold, use and improve, in
accordance with such terms and conditions as the fund and the state
university shall determine, any or all real property acquired by the
state university trustees in the name of the state for state university
purposes, together with such rights and privileges as may be incidental
and appurtenant thereto;

7. To purchase, receive, lease or otherwise acquire in accordance with
the requirements of article eleven of the state finance law personal
property necessary and convenient for its corporate purposes, provided
that such personal property shall not be construed to include
furnishings and equipment for completed facilities;

8. To design, construct, acquire, reconstruct, rehabilitate and
improve academic buildings, dormitories and other facilities for the
state university in accordance with sections three hundred seventy-five
and three hundred seventy-six of this chapter;

9. In connection with such design, construction, acquisition,
reconstruction, rehabilitation and improvement, (i) to install or cause
to be installed water, sewer, gas, electrical, telephone, heating, air
conditioning and other utility services, including appropriate
connections, (ii) to construct or cause to be constructed walkways,
roadways and other improvements on adjacent real property made available
by the state university, and (iii) to landscape adjacent real property
or cause the same to be landscaped;

10. To maintain, repair and keep up the real property held by it and
the facilities constructed, acquired, reconstructed, rehabilitated or
improved pursuant to this article until responsibility therefor is
transferred to the state university in accordance with section three
hundred seventy-nine of this chapter;

11. Subject to the terms of any lease or agreement with third parties,
with respect to approved university-related economic development
facilities or approved university related economic development projects
to develop, manage, operate, and/or lease, solely or in cooperation with
one or more entities or individuals, or to surrender to the appropriate
state official, for other public use or for sale, lease or other
disposition in accordance with law, real property made available to the
fund for its corporate purposes by the state university whenever the
state university trustees determine that such real property is
unnecessary for present or foreseeable future needs of the state
university;

12. To make and execute contracts, lease agreements, and all other
instruments necessary or convenient for the exercise of its corporate
powers and the fulfillment of its corporate purposes under this article
to an amount not exceeding seventy-five thousand dollars without prior
approval by any other state officer or agency; notwithstanding the
foregoing, all contracts, lease agreements, and all other instruments
exceeding seventy-five thousand dollars in amount shall be subject to
section one hundred twelve of the state finance law;

13. To procure insurance against any loss in connection with any
facility leased to the fund under section three hundred seventy-eight of
this chapter, in such amounts, and from such insurers, as it deems
desirable;

14. To act as agent for, or to assist generally, the attorney general
and the state commissioner of transportation in making land surveys,
topographical surveys and valuation appraisals of real property sought
to be acquired by the state university trustees;

15. To engage the services of construction, engineering,
architectural, legal and financial consultants, surveyors and
appraisers, on a contract basis or as employees, for professional
service and technical assistance and advice; and

16. To do any and all things necessary or convenient to carry out its
corporate purposes and exercise the powers given and granted to it in
this article.

* 17. To construct, design/build (using a competitive selection
process with due consideration of cost), develop, manage, lease and/or
operate real property and facilities made available to the fund for its
corporate purposes by the state university related to academic incubator
facilities and a pharmaceutical research, development, which may also
include a manufacturing facility located at the state university New
York college of technology at Farmingdale.

* NB There are 2 sub 17's

* 17. To construct, design/build, develop, manage and/or operate real
property and facilities made available to the fund for its corporate
purposes by the state university related to academic incubator and
approved university-related economic development facilities;

* NB There are 2 sub 17's

* 18. To receive or acquire by gift, purchase or otherwise, real and
personal property, or services or other aid, including any reimbursement
allowance offered or made available by any person, government agency or
corporation, including, but not limited to, any foundation or other
not-for-profit entity and to receive and use money from any source,
including, but not limited to the dormitory authority of the state of
New York, or any other private or public source for the site acquisition
and construction of a pharmaceutical research, development, which may
also include a manufacturing facility at the state university of New
York college of technology at Farmingdale.

* NB There are 2 sub 18's

* 18. With respect to approved university-related economic development
facilities, to act as agent for, and execute the powers of, a foundation
or other not-for-profit entity created by or for the state university;
and

* NB There are 2 sub 18's

19. To receive or acquire by gift, purchase or otherwise, real and
personal property, or services or other aid, including any reimbursement
allowance offered or made available by any person, government agency or
corporation, including, but not limited to, any foundation or other
not-for-profit entity and to receive and use money from any source,
including, but not limited to the dormitory authority of the state of
New York, or any other private or public source for the site acquisition
and construction of approved university-related economic development
facilities as set forth in section three hundred seventy-two-a of this
article.