S5502-2011 Actions

• Jan 4, 2012: REFERRED TO HIGHER EDUCATION
• Jun 21, 2011: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• May 26, 2011: REFERRED TO HIGHER EDUCATION

S5502-2011 Meetings

S5502-2011 Memo

BILL NUMBER:S5502

TITLE OF BILL:
An act
to authorize the lease of certain lands located at the state university
of New York at Stony Brook; and to amend the public authorities law, in
relation to authorizing the dormitory authority to provide financing of
certain projects conducted by Stony Brook Foundation Realty, Inc. at the
state university of New York at Stony Brook

PURPOSE OR GENERAL IDEA OF BILL:
Authorizes the state university to
lease certain lands at Stony Brook for the purpose of constructing
medical offices and related parking.

SUMMARY OF SPECIFIC PROVISIONS:
This bill will authorize the Stony
Brook Foundation Realty, Inc. to construct a medical office building
and parking facilities on the campus of the state university of New
York at Stony Brook.

JUSTIFICATION:
As the state university of New York at Stony Brook
seeks to improve its medical facilities, the school must have the
power to make necessary capital improvements. This bill simply
enables the SUNY Stony Brook to make necessary changes to its medical
campus.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S5502-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         5502
 2011-2012 Regular Sessions
 I N  SENATE
 May 26, 2011
 
 Introduced by Sens. FLANAGAN, LAVALLE -- read twice and ordered printed,
 and when printed to be committed to the Committee on Higher Education
 AN  ACT  to  authorize  the  lease of certain lands located at the state
 university of New York at Stony Brook; and to amend the public author
 ities law, in relation  to  authorizing  the  dormitory  authority  to
 provide financing of certain projects conducted by Stony Brook Founda
 tion Realty, Inc. at the state university of New York at Stony Brook
 

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 (hereinafter referred to in this
 act as the "university") is in need of additional facilities to  fulfill
 its  legislatively mandated mission of research, education and provision
 of health care services. Specifically, additional medical  office  space
 and  parking  facilities are required to support the provision of health
 services by the university faculty professional corporations  associated
 with  Stony  Brook  University Hospital. Furthermore, such activity will
 promote the provision of quality health care services to the surrounding
 community.
 The legislature further finds that granting the board of  trustees  of
 the  state  university  of New York the authority and power to lease and
 otherwise contract to make  available  grounds  and  facilities  of  the
 campus  of  the  state university of New York at Stony Brook will ensure
 such activity will promote the provision of quality health care services
 to the surrounding community.
 

S 2. Notwithstanding any other provision of law to the  contrary,  the
 state  university  board of trustees is hereby authorized and empowered,
 without any public bidding, to lease  and  otherwise  contract  to  make
 available  to  Stony Brook Foundation Realty, Inc. (hereinafter referred
 to in this act as the "ground lessee") a portion of  the  lands  of  the
 university  not  to  exceed 4 acres to be located southwest of the Stony
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD11562-01-1
 
       S. 5502                             2
 Brook University Hospital for the  purpose  of  constructing  a  medical
 office  building  and  a  portion  of the lands of the university not to
 exceed 8 acres to be located southeast of  the  Stony  Brook  University
 Hospital  for  the purpose of constructing parking facilities to support
 the provision of quality health care to the surrounding communities  and
 the missions of the state university of New York. Stony Brook Foundation
 Realty,  Inc.  is  a not-for-profit corporation which is wholly owned by
 Stony Brook Foundation, Inc., a  not-for-profit  corporation,  and  both
 corporations  have as their exclusive purpose the benefit of the univer
 sity. Such lease or contract shall be for  a  period  not  exceeding  45
 years  without  any  fee  simple conveyance and otherwise upon terms and
 conditions determined by such board of 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  termi
 nate  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.
 

S 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 shall
 be subject to the provisions of such article.
 

S 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 be 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, subleasee, contractor or subcontractor on the project.
 

S  5. Notwithstanding any provision of law to the contrary, all rights
 or  benefits,  including  terms  and  conditions  of   employment,   and
 protection  of  civil  service  and  collective bargaining status of all
 employees of the state university of New York affected by the provisions
 of this act, shall be preserved and protected. Employees  in  any  newly
 created  positions  within  the  state  university  of New York shall be
 considered public employees for all purposes of article 14 of the  civil
 service law.
 

S  6.  Any  contract  or  lease  awarded or entered into by the ground
 lessee, and parties contracting or entering  into    a  lease  with  the
 ground  lessee  for  construction, reconstruction, renovation, rehabili
 tation, improvement or expansion authorized pursuant to  this  act,  for
 any  single  construction  project  exceeding ten million dollars in the
 aggregate, for which more than twenty-five  percent  of  such  aggregate
 amount  is  to be paid from appropriations furnished by the state or the
 state university of New York shall be undertaken pursuant to  a  project
 
       S. 5502                             3
 labor agreement, as defined in subdivision 1 of section 222 of the labor
 law,  provided that a study done by or for the contracting entity deter
 mines that a project labor agreement  will  benefit  such  construction,
 reconstruction,  renovation,  rehabilitation,  improvement  or expansion
 through reduced risk of  delay,  potential  cost  savings  or  potential
 reduction  in  the  risk of labor unrest in light of any pertinent local
 history thereof. For purposes of  applying  the  dollar  thresholds  set
 forth in this section, the term "single construction project" shall mean
 any  construction,  reconstruction, renovation, rehabilitation, improve
 ment or expansion activity associated with one or more buildings, struc
 tures or improvements, including all directly related infrastructure and
 site work in contemplation thereof, that are  functionally  interdepend
 ent.
 

S 7. 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 secure (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.
 

S  8.  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.
 

S  9.  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.
 

S  10.  The  state  university  of  New York shall not lease the lands
 described in this act unless any such lease  shall  be  executed  within
 three years of the effective date of this act.
 

S  11. 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.
 

S 12. Paragraph (b) of subdivision 2 of section  1676  of  the  public
 authorities  law  is  amended  by adding a new undesignated paragraph to
 read as follows:

 STONY BROOK FOUNDATION REALTY, INC., FOR THE FINANCING, REFINANCING OR
 REIMBURSEMENT OF THE COSTS OF ACQUISITION, DESIGN, CONSTRUCTION,  RECON
 STRUCTION,  REHABILITATION, IMPROVEMENT, FURNISHING AND EQUIPPING OF, OR
 OTHERWISE PROVIDING FOR THE CONSTRUCTION OF A  MEDICAL  OFFICE  BUILDING
 AND PARKING FACILITIES ON THE CAMPUS OF THE STATE UNIVERSITY OF NEW YORK
 AT STONY BROOK.
 

S  13.  Subdivision 1 of section 1680 of the public authorities law is
 amended by adding a new undesignated paragraph to read as follows:

 STONY BROOK FOUNDATION REALTY, INC., FOR THE FINANCING, REFINANCING OR
 REIMBURSEMENT OF THE COSTS OF ACQUISITION, DESIGN, CONSTRUCTION,  RECON
 STRUCTION,  REHABILITATION, IMPROVEMENT, FURNISHING AND EQUIPPING OF, OR
 
       S. 5502                             4
 OTHERWISE PROVIDING FOR THE CONSTRUCTION OF A  MEDICAL  OFFICE  BUILDING
 AND PARKING FACILITIES ON THE CAMPUS OF THE STATE UNIVERSITY OF NEW YORK
 AT STONY BROOK.
 

S 14. This act shall take effect immediately.

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