S1846A-2011 - NY Senate Open Legislation - Authorizes the lease of lands located at the state university of New York at Purchase for a senior learning community

Authorizes the lease of lands located at the state university of New York at Purchase for a senior learning community.

Sponsor: OPPENHEIMER

Co-sponsor(s): MONTGOMERY

Law Section: Real Property

S1846A-2011 Actions

Jun 16, 2011: SUBSTITUTED BY A340A
Jun 1, 2011: ADVANCED TO THIRD READING
May 25, 2011: 2ND REPORT CAL.
May 24, 2011: 1ST REPORT CAL.825
May 18, 2011: COMMITTEE DISCHARGED AND COMMITTED TO HIGHER EDUCATION
May 10, 2011: PRINT NUMBER 1846A
May 10, 2011: AMEND AND RECOMMIT TO JUDICIARY
Jan 13, 2011: REFERRED TO JUDICIARY

S1846A-2011 Meetings

Higher Education: May 24, 2011

S1846A-2011 Calendars

Floor Calendar: May 25, 2011 , Floor Calendar: Jun 1, 2011 , Floor Calendar: Jun 2, 2011 , Floor Calendar: Jun 6, 2011 , Floor Calendar: Jun 7, 2011 , Floor Calendar: Jun 13, 2011 , Floor Calendar: Jun 14, 2011 , Floor Calendar: Jun 15, 2011 , Floor Calendar: Jun 16, 2011

S1846A-2011 Votes

VOTE: COMMITTEE VOTE: - Higher Education - May 24, 2011

Ayes (17): LaValle, Flanagan, Griffo, Grisanti, Maziarz, Ritchie, Robach, Seward, Zeldin, Stavisky, Kennedy, Krueger, Oppenheimer, Parker, Rivera, Serrano, Carlucci
Ayes W/R (1): Alesi

S1846A-2011 Memo

BILL NUMBER:S1846A

TITLE OF BILL:
An act
to authorize the lease of lands located at the state university of New
York at Purchase

PURPOSE:
To authorize the State University to lease land located at the State
University of New York at Purchase to the Purchase College
Advancement Corporation, a not-for-profit corporation, in support of
a senior learning community on the grounds of the Purchase campus.

SUMMARY OF PROVISIONS:
Section 1 of the proposal sets forth legislative findings that the
lease of land located at the State University at Purchase for the
development of a senior learning community is appropriate to the
objectives and purposes of the State University of New York.

Section 2 authorizes the trustees of the State University of New York
to lease without public bidding a portion of the land located at the
State University of New York at Purchase to the Purchase College
Advancement Corporation upon. such terms and conditions as the
trustees deem advisable for an initial term not to exceed 40 years or
for such time as may be necessary to complete repayment of any debt
related to the projects described in the bill. The section further
provides that upon the expiration of the lease, the real property
that is the subject of the lease and any improvements thereon will
revert to the State University of New York.

Section 3 sets forth relevant definitions. Sections 4 through 17
provide for the terms and conditions of implementing agreements,
conditions imposed on the Purchase College Advancement Corporation;
provide for the approval by the attorney general as to form and by
the director of the budget and the state comptroller of any contract
or lease entered into by the State University of New York and the
Purchase College Advancement Corporation; provide the manner of
application of proceeds relating to the lease authorized by the bill
and annual
reporting of the amount of lease proceeds and allocation of such
proceeds; and provide a description of the property which is the
subject of the bill.

Section 18 authorizes and directs the State University trustees to
designate and maintain a minimum of 80 acres of real property located
within the boundaries of the campus of the State University of New
York at Purchase for permanent preservation as open space lands.

Section 19 sets forth the purposes for which the real property
described in the bill shall be maintained.

Section 20 requires the State University trustees to (i) cause a
survey to be taken of the real property described, which survey shall
be made available to the legislature and the public no later than 6
months after the effective date of this bill, and (ii) develop in
consultation with the department of environmental conservation a


stewardship plan for the maintenance of the real property to be
maintained as open space lands, which plan shall be made available to
the public no later than 6 months after the effective date of this
bill.

Section 21 provides that any contract or lease entered into by the
State University of New York and the Purchase College Advancement
Corporation shall provide that not less than 20% of the units in the
senior learning community must, upon the initial rental of the units
and upon all subsequent rentals of the units after a vacancy, be
affordable to and occupied or available for occupancy by individuals
or families whose incomes at the time of initial occupancy do not
exceed 80% of the median household income for the county of
Westchester as calculated by the United State Census Bureau.
Residents of the county where the development is located shall have
priority for the rental of 50% of the affordable units, provided they
meet the income requirements of this section.

Section 22 of the proposal provides an immediate effective date.

JUSTIFICATION:
The legislation authorizes the State University to lease to the
Purchase College Advancement Corporation, a not-for-profit
corporation, approximately 40.5 acres and improvements located on
campus of the State University of New York at Purchase. The
legislation contemplates that the Purchase College Advancement
Corporation will provide for the construction and operation of a
senior learning community (parcel C). It is contemplated that
residents of the senior learning community will interact with the
college by enrolling in courses offered by Purchase College, becoming
members of the Neuberger Museum of Art and members of The Performing
Arts Center of the College. Parcel C is presently under supervision
of the New York State Department of Environmental Conservation.

LEGISLATIVE HISTORY:
Similar to A.11287, 2003-2004. Similar to A.8958/S.5865, 2005. Similar
to A.9841A/S.6662A, 2006. Same as A.8535A/S.5987A, 2007-2008
(vetoed no.30). Same as A.3687 (referred to Ways
and Means)/S.4134 (referred to Higher Education), 2008-2009. S.4134B
passed the Senate in 2010, but A.9935A remained in Assembly Ways and
Means.

FISCAL IMPLICATIONS:
None noted.

EFFECTIVE DATE:
Immediately.

S1846A-2011 Text


                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   1846--A

                         2011-2012 Regular Sessions

                              I N  SENATE

                              January 13, 2011
                                 ___________

  Introduced  by  Sens.  OPPENHEIMER, MONTGOMERY -- read twice and ordered
    printed, and when printed to be committed to the Committee on  Judici-
    ary  --  committee  discharged,  bill  amended,  ordered  reprinted as
    amended and recommitted to said committee

  AN ACT to authorize the lease of lands located at the  state  university
    of New York at Purchase

    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
  provision  of  a senior learning community upon the grounds of the state
  university of New York at Purchase is appropriate to further the  objec-
  tives and purposes of the state university of New York.  The legislature
  further  finds that granting the 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 Purchase will ensure  the  availability  of  such  senior
  learning  community,  and also promote the effective use of such grounds
  and facilities.
    S 2. The trustees of the state  university  of  New  York  are  hereby
  authorized to lease without any public bidding a portion of the lands of
  the state university of New York at Purchase generally described in this
  act  to  the  Purchase college advancement corporation, a not-for-profit
  corporation, upon such terms and conditions as the trustees deem  advis-
  able,  for an initial term not to exceed forty years or for such time as
  may be necessary to complete  repayment  of  any  debt  related  to  the
  projects described in this act, whichever is shorter.  In the event that
  the  real  property which is the subject of such lease or contract shall
  cease to be used for the purposes described  in  this  act,  said  lease
  shall  immediately  terminate and the real property and any improvements
  thereon shall revert to the state university of New York.  Any  contract
  or  lease  entered into pursuant to this act shall provide that the real

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD02543-05-1

 S. 1846--A                          2

  property which is the subject of such lease or contract and any improve-
  ments thereon shall revert to the state university of New York upon  the
  expiration  of  such  lease. The description of the parcels to be leased
  pursuant to such section are not meant to be legal descriptions, but are
  intended  only to identify the parcels and improvements to be leased for
  purposes consistent with the mission of the state university of New York
  at Purchase.
    S 3. For the purposes of this act: (a) "project" shall  mean  work  at
  the property authorized by this act to be leased to the Purchase college
  advancement  corporation  as  described  in section fourteen of this act
  that involves  the  design,  construction,  reconstruction,  demolition,
  excavating,  rehabilitation,  repair, renovation, alteration or improve-
  ment of a senior learning community.
    (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.
    S 4.  Notwithstanding the provisions of any general, special, or local
  law or judicial decision to the contrary:

    (a)  The  Purchase  college  advancement  corporation  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 Purchase college advancement corporation's request for
  proposals for the project and  when  the  Purchase  college  advancement
  corporation  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 including:  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 Purchase college advancement corporation 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.
    (c) Any contract to which the Purchase college advancement corporation
  is a party, and any contract entered into by a  third  party  acting  in
  place  of,  on  behalf  of  and  for the benefit of the Purchase college
  advancement corporation pursuant to any lease, permit or other agreement
  between such third party and the  Purchase  college  advancement  corpo-
  ration,  for a project deemed a public works project for the purposes of
  article 8 of the  labor  law,  and  shall  be  subject  to  all  of  the
  provisions  of  article 8 of the labor law, including the enforcement of
  prevailing wage requirements by the fiscal officer as defined  in  para-
  graph  e  of  subdivision  5 of section 220 of the labor law to the same
  extent as a contract of the state.
    (d) Every contract entered into by the  Purchase  college  advancement
  corporation  for a project shall contain a provision that the contractor
  shall furnish a labor and material bond guaranteeing prompt  payment  of
  moneys that are due to all persons furnishing labor and materials pursu-
  ant to the requirements of any contracts for a project undertaken pursu-
  ant  to this section and a performance bond for the faithful performance
  of the project, which shall conform to the provisions of  section  103-f

 S. 1846--A                          3

  of  the  general  municipal law, and that a copy of such performance and
  payment bonds shall be kept by the Purchase college  advancement  corpo-
  ration and shall be open to public inspection.
    (e)  For  the purposes of article 15-A of the executive law, any indi-
  vidual, public corporation or authority,  private  corporation,  limited
  liability  company  or  partnership  or  other  entity  entering  into a
  contract, subcontract, lease, grant, bond, covenant or  other  agreement
  for  a  project  authorized  pursuant  to this section shall be deemed a
  state agency as that term is defined in such article and such  contracts
  shall  be  deemed state contracts within the meaning of that term as set
  forth in such article.
    (f) Whenever the Purchase college advancement corporation enters  into
  a contract, subcontract, lease, grant, bond, covenant or other agreement
  for  a  project  undertaken  pursuant  to this act, the Purchase college
  advancement corporation shall consider the financial and  organizational
  capacity  of contractors and subcontractors in relation to the magnitude
  of work they may perform, the record of performance of  contractors  and
  subcontractors  on  previous work, the record of contractors and subcon-
  tractors in complying with  existing  labor  standards  and  maintaining
  harmonious  labor  relations,  and the commitment of contractors to work
  with minority and women owned business enterprises pursuant  to  article
  15-A  of  the  executive  law  through  joint  ventures or subcontractor
  relationships.
    S 5. The Purchase college advancement corporation shall  require  that
  whenever  work  is  performed  under  this  section, the contractors and
  subcontractors shall have apprenticeship programs  appropriate  for  the
  type  and  scope of work to be performed, that have been registered with
  and approved by the commissioner of labor pursuant to article 23 of  the
  labor law. Additionally, it must be demonstrated that the apprenticeship
  program  has  made  significant  efforts  to attract and retain minority
  apprentices, as determined by affirmative action goals  established  for
  such programs by the department of labor.
    S 6. Whenever the Purchase college advancement corporation enters into
  a  contract  under  which  employees  are  employed  to perform building
  service work, as that term is defined in section 230 of the  labor  law,
  such  work  shall  be  subject to article 9 of the labor law to the same
  extent as building services work performed pursuant to a contract with a
  public agency.
    S 7. Whenever employees perform work at the senior learning  community
  other  than work performed under sections four and six of this act, such
  employees shall be paid by their employer no less than the median hourly
  wage for "all occupations" in the metropolitan statistical area  closest
  to  the project location, published by the United States bureau of labor
  statistics, for the duration of the lease term.  All of  the  provisions
  of article 9 of the labor law shall apply. Employers shall be subject to
  the requirements of contractors under article 9 of the labor law.
    S 8. All developers must have entered into an agreement with the labor
  organization or organizations that is/are actively engaged in represent-
  ing  and  attempting  to  represent  food and beverage, housekeeping, or
  other service employees in the state university of New York at  Purchase
  area  that  is  valid and enforceable under 29 U.S.C. section 185(a) and
  that prohibits any strikes, picketing  or  other  economic  interference
  with  such  food and beverage, housekeeping, or other service operations
  and ensures that any such operations that are conducted by  contractors,
  subcontractors,  licensees,  assignees,  tenants or subtenants, shall be

 S. 1846--A                          4

  done under contracts enforceable under 29 U.S.C. section 185(a) contain-
  ing the same provisions as specified above.
    S  9. Notwithstanding any other provision of this act, an employer and
  employee organization of the senior learning community may enter into an
  agreement which shall: (1) confer jurisdiction of  the  New  York  state
  employment  relations  board; (2) provide for participation in an agree-
  ment for the designation of collective bargaining under subdivision 1 of
  section 705 of the labor law, commonly known  as  card  check;  and  (3)
  impose  no  strike  provisions  as  set forth in subdivision two of this
  section. Upon execution of such an agreement by both parties  containing
  all of the provisions set forth in this subdivision, the agreement shall
  be binding and enforceable against both parties.
    S  10.  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
  otherwise 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 that would ordinarily be performed by employ-
  ees  subject to article 14 of the civil service law shall continue to be
  performed by such employees.
    S 11. Without limiting the determination of such terms and  conditions
  by  said  trustees,  such  terms and conditions may provide for leasing,
  construction, reconstruction, rehabilitation, improvement, operation and
  management of and provision of services and assistance and  granting  of
  licenses,  easements  and other arrangements with regard to such grounds
  and facilities by  the  Purchase  college  advancement  corporation  and
  parties  contracting  with  the Purchase college advancement corporation
  and, in connection with such activities,  the  obtaining  of  financing,
  whether  public  or  private  or  secured (including but not limited to,
  secured by leasehold mortgages and assignments of rents and leases),  by
  the  Purchase  college  advancement  corporation and parties contracting
  with the Purchase college advancement corporation, for the  purposes  of
  completing the projects described in this act.
    Parcel  C  shall  be  leased  for the development of not more than 385
  units of a senior learning community.
    S 12. Any contracts entered into pursuant  to  this  act  between  the
  Purchase  college  advancement  corporation and parties contracting with
  the Purchase college advancement  corporation  shall  be  awarded  by  a
  competitive process.
    S 13. (a) Any contracts or leases entered into by the state university
  of  New York or the Purchase college advancement corporation pursuant to
  this act shall be subject to approval of the attorney general as to form
  as well as by the director of the budget and the state comptroller.  Any
  and all proceeds relating to the leases authorized by this act shall  be
  allocated by the board of trustees for Purchase college, state universi-
  ty  of  New  York, in the following manner:  seventy-five percent to the
  student financial aid for students who are eligible to receive a tuition
  assistance award or supplemental tuition assistance pursuant to  section
  667  or  667-a  of  the education law and twenty-five percent to support
  additional full-time faculty positions.
    (b) The trustees of the state university of New   York  shall,  on  or
  before  July  first  of each year that a lease of lands as authorized by
  this act remains in effect, report to the governor, the temporary presi-
  dent of the senate, the speaker of the assembly,  the  director  of  the
  division  of the budget, the senate finance committee, the assembly ways
  and means committee and the higher education committees of the  legisla-

 S. 1846--A                          5

  ture  the following information: (i) all proceeds derived from any lease
  authorized by this act with a description of how such proceeds have been
  allocated that year under subdivision (a)  of  this  section;  (ii)  the
  amount  of  funds  spent at the state university of New York at Purchase
  for additional full-time faculty positions and the number of  additional
  faculty  positions  associated with such amount; and (iii) the amount of
  funds spent at the state university of New York at Purchase for  student
  scholarships,  the  total number of students receiving such scholarships
  and the number  of  students  receiving  such  scholarships  within  the
  following  income, as defined in section 663 of the education law, cate-
  gories:  (A)  0-20,000   dollars;   (B)   20,001-40,000   dollars;   (C)
  40,001-60,000 dollars; and (D) 60,001-80,000 dollars.
    S 14. The property authorized by this act to be leased to the Purchase
  college  advancement  corporation  is generally described as a parcel of
  real property with improvements  thereon,  consisting  of  approximately
  40.5  acres,  situated on the campus of the state university of New York
  at Purchase. The description in this section of the land to be leased is
  not a legal description, but is intended only to identify  the  premises
  to  be  leased  for  purposes  consistent  with the mission of the state
  university of New York at Purchase:


                                  Parcel C
  ALL that plot, piece or parcel of land situate and being in the Town  of
  Harrison,  County  of  Westchester  and  State  of New York, bounded and
  described as follows:

  BEGINNING at a point at the southeasterly corner of the herein described
  Lease Parcel C, said point being located, N 80� 51' 39" W 163.33 feet, N
  81� 12' 39" W 4.91 feet, N 02� 00' 00" W 407.31 feet and N 00� 19' 17" E
  62.93 feet from the point of beginning of Parcel #1 as shown  on  a  map
  entitled,  "Department of Education, State University of New York, State
  University College at Westchester, Map #1, Parcels 1, 2  and  3",  dated
  and filed in the office of the Department of Public Works, May 27, 1966;
  thence  through  Parcel #1 along the northerly and easterly side of West
  Road, N 79� 50' 00" W 285.54 feet, northwesterly on a curve to the right
  of radius 743.00 feet, an arc length of  988.36  feet,  having  a  chord
  bearing  N 41� 43' 30" W 917.09 feet, N 03� 37' 00" W 178.77 feet, N 06�
  55' 00" E 1326.17 feet and northwesterly on a curve to the left of radi-
  us 592.00 feet, an arc length of 172.61 feet, having a chord  bearing  N
  01�  26'  11" W 172.00 feet to a point; thence leaving the easterly side
  of West Road and continuing through Parcel #1, N 77� 18'  00"  E  130.00
  feet,  N  82�  12' 00" E 140.00 feet, S 09� 47' 00" E 364.83 feet, S 69�
  00' 00" E 463.42 feet, S 00� 02' 00" E 369.54 feet,  S  27�  40'  00"  W
  194.81 feet, S 79� 51' 00" E 154.52 feet, S 10� 39' 00" W 325.93 feet, S
  03�  48' 00" E 310.96 feet, S 04� 45' 00" W 271.62 feet, S 01� 38' 00" E
  142.45 feet and S 03� 04' 00" W 311.20 feet to the  point  or  place  of
  beginning.
  CONTAINING 40.05 ACRES OF LAND
    S 15. The state university of New York shall not lease lands described
  in  this  act  unless  a  contract  is  executed by the Purchase college
  advancement corporation or lessee for a project  pursuant  to  this  act
  within three years of the effective date of this act.
    S 16. Any lease or other agreement executed pursuant to this act 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,  employ-

 S. 1846--A                          6

  ees,  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  17. 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; provided, however, that all leases, contracts,
  financing, granting of licenses, easements, and other arrangements  with
  regard  to  a  project  pursuant  to  this  act  shall be subject to the
  provisions of article 8 of the environmental conservation law.
    S 18. The state university trustees are hereby authorized and directed
  to designate and maintain a minimum of 80 acres of real property located
  within the boundaries of the campus of the state university of New  York
  at Purchase for permanent preservation as open space lands.
    S 19. All real property included in section eighteen of this act shall
  be maintained for one or more of the following purposes:

    (a) open space lands and natural areas for maintaining plants, animals
  and natural communities; and
    (b)  an area of natural or historic interest and beauty which provides
  the public with passive recreational opportunities.
    S 20. (a) The state university trustees shall cause to be undertaken a
  survey of the real property included in section nineteen  of  this  act.
  Such survey shall be completed and made available to the legislature and
  the  public  not  later than six months after the effective date of this
  act.
    (b) The state university trustees shall develop, in consultation  with
  the department of environmental conservation, a stewardship plan for the
  maintenance  of  the  real property included in section nineteen of this
  act as open lands. Such plan shall be completed and  made  available  to
  the  public  not  later than six months after the effective date of this
  act.
    S 21. (a) Any contract or leases entered into by the state  university
  of  New York or the Purchase college advancement corporation pursuant to
  this act shall provide that not less than 20 percent of the units in the
  senior learning community must, upon the initial rental of the units and
  upon all subsequent rentals of the units after a vacancy, be  affordable
  to  and  occupied  or available for occupancy by individuals or families
  whose incomes at the time of initial occupancy do not exceed 80  percent
  of  the  median household income for the county of Westchester as calcu-
  lated by the United States census bureau.
    (b) All affordable units must be geographically  integrated  with  the
  market rate units and residents of such units shall be provided with and
  have  access  to the services and amenities available to other residents
  in the development.
    (c) Residents of the county where the  development  is  located  shall
  have  priority  for  the  rental  of 50 percent of the affordable units,
  provided they meet the income requirements of this section.
    S 22. This act shall take effect immediately.

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S1846A-2011: Authorizes the lease of lands located at the state university of New York at Purchase for a senior learning community