Bill S5855-2011

Establishes the NY-SUNY 2020 challenge grant program; appropriation

Establishes the NY-SUNY 2020 challenge grant program.

Details

Actions

  • Aug 1, 2011: SIGNED CHAP.260
  • Aug 1, 2011: DELIVERED TO GOVERNOR
  • Jun 24, 2011: returned to senate
  • Jun 24, 2011: passed assembly
  • Jun 24, 2011: message of necessity - 3 day message
  • Jun 24, 2011: ordered to third reading rules cal.630
  • Jun 24, 2011: substituted for a8519
  • Jun 24, 2011: referred to ways and means
  • Jun 24, 2011: DELIVERED TO ASSEMBLY
  • Jun 24, 2011: PASSED SENATE
  • Jun 24, 2011: MESSAGE OF NECESSITY
  • Jun 24, 2011: ORDERED TO THIRD READING CAL.1543
  • Jun 24, 2011: REFERRED TO RULES

Meetings

Votes

VOTE: COMMITTEE VOTE: - Rules - Jun 24, 2011
Ayes (21): Skelos, Alesi, Farley, Hannon, Johnson, Larkin, LaValle, Libous, Marcellino, Maziarz, Nozzolio, Saland, Seward, Sampson, Breslin, Dilan, Duane, Hassell-Thompson, Krueger, Montgomery, Stewart-Cousins
Ayes W/R (2): Perkins, Smith
Nays (1): Parker

Memo

BILL NUMBER:S5855

TITLE OF BILL:

An act to amend the education law and the New York state urban development corporation act, in relation to establishing components of the NY-SUNY 2020 challenge grant program; making an appropriation therefor; and providing for the repeal of such provisions upon expiration thereof

PURPOSE:

This bill would implement components of the NY-SUNY 2020 Challenge Grant Program Act.

SUMMARY OF PROVISIONS:

Section 1 is the short title, "NY-SUNY 2020 Challenge Grant Program Act."

Section 2 of the bill would add definitions to Education Law § 350.

Section 3 of the bill would amend Education Law § 355(2)(h)(4) to:

o Provide authorization for a rational tuition plan for all State University of New York ("SUNY") campuses of up to three hundred dollars annually for five years.

o Authorize the University Centers (i.e., Albany, Binghamton, Buffalo and Stony Brook) to implement a non-resident undergraduate tuition increase of up to 10 percent annually for five years. The implementation of any non-resident undergraduate tuition increase pursuant to this provision would be subject to Gubernatorial and SUNY Chancellor approval of their applications under the NY-SUNY 2020 Challenge Grant Program.

o The SUNY Board of Trustees would be required to approve and submit a master tuition plan setting forth the proposed tuition rates for resident undergraduate students for the five year period beginning in the 2011-12 academic year and ending in the 2015-16 academic year.

o The State would be required to appropriate and make available General Fund operating support in an amount no less than provided in the prior State Fiscal Year, except that if the Governor declares a fiscal emergency, and communicates such emergency to the temporary president of the Senate and the speaker of the Assembly, State support for operating expenses at SUNY may be reduced in a manner proportionate to CUNY.

o The University Centers would be authorized to offer additional financial assistance to students whose net taxable income is more than $80,000, subject to Gubernatorial and SUNY Chancellor approval of their applications under the NY-SUNY 2020 Challenge Grant Program.

Section 4 would amend Education Law §6206(7)(a) to:

o Allow the City University of New York ("CUNY") to implement a rational tuition plan of up to three hundred dollars annually for five years.

o The CUNY Board of Trustees would be required to approve and submit a master tuition plan setting forth the proposed tuition rates for resident undergraduate students for the five year period beginning in the 2011-12 academic year and ending in the 2015-16 academic year.

o The State would be required to appropriate and make available State support for operating expenses in an amount no less than provided in the prior State Fiscal Year, except that if the Governor declares a fiscal emergency, and communicates such emergency to the temporary president of the Senate and the speaker of the Assembly, State support for operating expenses at CUNY may be reduced in a manner proportionate to SUNY.

Section 5 of the bill would add a new §689-a to the Education Law to establish tuition credits, which would require SUNY and CUNY to apply a credit against the tuition charged to a student. The amount of the applicable tuition credit would be based on the level of a student's tuition assistance program ("TAP") award, and would be calculated by the Higher Education Services Corporation ("HESC").

Section 6 of the bill would add a new subdivision 6-a to Education Law §355 to require conflict of interest policies when submitting plans under the NY-SUNY 2020 Challenge Grant Program.

Section 7 of the bill would add a new section 1 to chapter 174 of the laws of 1968 to the Urban Development Corporation (i.e., the Empire State Development Corporation) of the State of New York to authorize the issuance of $80 million in bonds or notes for the purpose of implementing the capital program under the NY-SUNY 2020 Challenge Grant Program.

Section 8 of the bill would amend Chapter 54 of the laws of 2011 to allow the four SUNY University Centers to utilize up to $60 million in existing university wide appropriation authority for projects approved through the NY-SUNY 2020 Challenge Grant Program, subject to a plan approved by the Governor and Chancellor. The sum would be equally distributed to each SUNY University Center.

Section 9 of the bill allows for the University Centers to utilize existing appropriations and reappropriations to progress capital projects in relation to the NY-SUNY 2020 Challenge Grant Program, subject to a plan approved by the Governor and Chancellor.

Section 10 would make available an appropriation for SUNY to access tuition revenues generated through its authorized tuition plan.

Section 11 would make available an appropriation for CUNY to access tuition revenues generated through its authorized tuition plan.

Sections 12 and 13 of the bill provide authorization for the utilization of project labor agreements for capital construction projects associated with the NY-SUNY 2020 Challenge Grant Program Act.

Section 14 amends §359 of the Education Law requiring the SUNY Board of Trustees to conduct a study and report on the effectiveness of the TAP program, which shall include factors such as, overall cost of undergraduate study, eligibility criteria, and award threshold levels. In addition, annual reports would be created detailing such things as full time faculty growth and program availability. The study would also include recommendations to improve the TAP program to maintain and enhance student affordability and access.

Section 15 amends §6206 of the Education Law by adding a new subdivision 17, which requires the CUNY Board of Trustees to conduct a study and report on the effectiveness of the TAP program, which shall include factors such as, overall cost of undergraduate study, eligibility criteria, and award threshold levels. The study shall also include recommendations to improve the TAP program to maintain and enhance student affordability and access.

Section 16 is the effective date, July 1, 2011 which will sunset in five years.

JUSTIFICATION:

The State University of New York ("SUNY") is among the largest public higher education systems in the country, educating more than 468,000 students in more than 7,500 certificate and degree programs on 64 campuses across the state. Every SUNY campus has the potential to create unprecedented opportunities not just for college students and their families, but for faculty and staff, business and industry, and the entire state workforce.

SUNY's four University Centers-Albany, Binghamton, Buffalo & Stony Brook educate 86,000 undergraduate, graduate and graduate professional students in a vast array of disciplines covering the arts, humanities, social sciences, engineering and health professions. In the past three years, the SUNY University Centers have generated more than $600 million in research activity annually and produced research by world-renowned faculty.

The SUNY system has the potential to be a leading catalyst for economic revitalization in New York State, while improving the academic quality for students. That is why the Governor recently announced the NY-SUNY 2020 Challenge Grant Program.

The NY-SUNY 2020 Challenge Grant program-a joint program between the Governor and SUNY- will incentivize bottom-up, individualized long-term economic development implementation plans on campuses and the surrounding communities. The NY-SUNY 2020 Challenge Grant Program's mission is to enhance the academic mission of the campuses, benefit all students and make these campuses regional economic development generators.

Under NY-SUNY 2020 there will be $140 million in total capital funding. The Governor will commit $20 million for each qualifying

campus, while SUNY will set aside an additional $15 million for each qualifying campus. This bill authorizes the $140 million commitment by the Governor and SUNY.

Eligibility for phase one of the NY-SUNY 2020 program includes the four University Centers. Under the NY-SUNY 2020 Challenge Grant Program, the University Centers' plans must include the following elements in order to be eligible for the capital award:

o Details of the new or expanded academic mission, such as health care, clean energy or technology that will be central to the plan.

o Ways the plan will bring the local community and stakeholders together through the Regional Councils to spur job creation and local economic development opportunities that will result in regional economic revitalization.

o Strategic partnerships, such as public/private partnerships, to increase academic and economic benefits.

o Endorsements from surrounding local governments and community members in support of the plan.

o Funding mechanisms such as capital financing, tuition increases and private sector financing to fund the plan.

o Details for expansion, including faculty to be hired and any property to be purchased and for what purpose.

The program is currently underway and the University Centers have begun the application process. However, in order to implement the NY-SUNY 2020 Challenge Grant Program this legislation is needed.

In order to implement the NY-SUNY 2020 Challenge Grant Program, the universities must have adequate operational resources to hire the faculty and other support staff. This plan will result in more faculty, the education of additional students, increased class offerings and improved graduation rates. This bill includes a rational tuition program to ensure the University Centers under the NY-SUNY 2020 Challenge Grant program, as well as all SUNY schools in the system, are successful. First, all schools in the SUNY system will be authorized to implement a rational tuition program of up to $300 annually for five years. Second, the legislation includes authorization for the University Centers to increase tuition for non-resident undergraduate students by up to 10 percent annually for five years upon approval of their NY-SUNY 2020 Challenge Grant application/plan by the Governor and SUNY Chancellor.

The current tuition system has made SUNY a national outlier. This legislation maintains affordability in that the up to $300 annual increase is well-below the 20 year average annualized SUNY tuition increase of 6.7 percent. Moreover, it remedies the current irrationality of the system. The current system is one where there are periods without tuition increases followed by sudden and dramatic spikes in tuition of upwards of 40 percent. Such spikes and uncertainty in tuition is detrimental to students, families and the university system.

The Governor recognizes that maintaining affordability is a key concern and therefore this legislation would help students and families with the costs. Students who are eligible for a TAP award will receive a tuition credit. In addition, upon the approval of their NY-SUNY 2020 Challenge Grant application/plan, the University Centers would be authorized to set aside a portion of their tuition revenues to provide increased financial aid for students whose net taxable income is more than $80,000.

New Yorkers deserve a quality State University System that is both accessible and affordable but also one that is second to none in academics and research. The NY-SUNY 2020 Challenge Grant Program will make sure SUNY modernizes and thrives. This legislation is an important component of that program and makes a commitment to SUNY so it can grow to compete with other university systems and help drive economic development and academic achievement for decades to come.

LEGISLATIVE HISTORY:

This is a new bill.

BUDGET IMPLICATIONS:

A total of $140 million in capital.

EFFECTIVE DATE:

This bill would take effect on July 1, 2011 and expire in five years.


Text

STATE OF NEW YORK ________________________________________________________________________ S. 5855 A. 8519 2011-2012 Regular Sessions S E N A T E - A S S E M B L Y June 24, 2011 ___________
IN SENATE -- Introduced by Sens. SKELOS, LAVALLE, GRISANTI, FARLEY, FLANAGAN, GALLIVAN, LIBOUS, LITTLE, MAZIARZ, McDONALD, RANZENHOFER, SEWARD, YOUNG -- (at request of the Governor) -- read twice and ordered printed, and when printed to be committed to the Committee on Rules IN ASSEMBLY -- Introduced by M. of A. GLICK, PEOPLES-STOKES, HOYT, SCHROEDER -- (at request of the Governor) -- read once and referred to the Committee on Ways and Means AN ACT to amend the education law and the New York state urban develop- ment corporation act, in relation to establishing components of the NY-SUNY 2020 challenge grant program; making an appropriation there- for; and providing for the repeal of such provisions upon expiration thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act shall be known and may be cited as the "NY-SUNY 2020 challenge grant program act". S 2. Section 350 of the education law is amended by adding two new subdivisions 7 and 8 to read as follows: 7. "UNIVERSITY CENTERS" SHALL MEAN THE UNIVERSITY CENTERS AT ALBANY, BINGHAMTON, BUFFALO AND STONY BROOK. 8. "NY-SUNY 2020 CHALLENGE GRANT PROGRAM" ("NY-SUNY 2020") SHALL MEAN A LONG-TERM ECONOMIC AND ACADEMIC PLAN, WHICH SHALL INCLUDE A FINANCIAL AID PROGRAM, SUBMITTED BY EACH STATE UNIVERSITY OF NEW YORK UNIVERSITY CENTER, SUBJECT TO THE APPROVAL BY THE GOVERNOR AND THE CHANCELLOR OF THE STATE UNIVERSITY OF NEW YORK. S 3. Subparagraph 4 of paragraph h of subdivision 2 of section 355 of the education law, as amended by chapter 309 of the laws of 1996, is amended to read as follows:
(4) The trustees shall not impose a differential tuition charge based upon need or income. [All] EXCEPT AS HEREINAFTER PROVIDED, ALL students enrolled in programs leading to like degrees at state-operated insti- tutions of the state university shall be charged a uniform rate of tuition except for differential tuition rates based on state residency. Provided, however, that the trustees may authorize the presidents of the colleges of technology and the colleges of agriculture and technology to set differing rates of tuition for each of the colleges for students enrolled in degree-granting programs leading to an associate degree and non-degree granting programs so long as such tuition rate does not exceed the tuition rate charged to students who are enrolled in like degree programs or degree-granting undergraduate programs leading to a baccalaureate degree at other state-operated institutions of the state university of New York. [The] EXCEPT AS OTHERWISE AUTHORIZED IN THIS SUBPARAGRAPH, THE trustees shall not adopt changes affecting tuition charges prior to the enactment of the annual budget, PROVIDED HOWEVER THAT: (I) COMMENCING WITH THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE ACADEMIC YEAR AND ENDING IN THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN ACADEMIC YEAR THE STATE UNIVERSITY OF NEW YORK BOARD OF TRUSTEES SHALL BE EMPOWERED TO INCREASE THE RESIDENT UNDERGRADUATE RATE OF TUITION BY NOT MORE THAN THREE HUNDRED DOLLARS OVER THE RESIDENT UNDER- GRADUATE RATE OF TUITION ADOPTED BY THE BOARD OF TRUSTEES IN THE PRIOR ACADEMIC YEAR, PROVIDED HOWEVER THAT IF THE ANNUAL RESIDENT UNDERGRADU- ATE RATE OF TUITION WOULD EXCEED FIVE THOUSAND DOLLARS, THEN A TUITION CREDIT FOR EACH ELIGIBLE STUDENT, AS DETERMINED AND CALCULATED BY THE NEW YORK STATE HIGHER EDUCATION SERVICES CORPORATION PURSUANT TO SECTION SIX HUNDRED EIGHTY-NINE-A OF THIS TITLE, SHALL BE APPLIED TOWARD THE TUITION CHARGED FOR EACH SEMESTER, QUARTER OR TERM OF STUDY. TUITION FOR EACH SEMESTER, QUARTER OR TERM OF STUDY SHALL NOT BE DUE FOR ANY STUDENT ELIGIBLE TO RECEIVE SUCH TUITION CREDIT UNTIL THE TUITION CREDIT IS CALCULATED AND APPLIED AGAINST THE TUITION CHARGED FOR THE CORRESPONDING SEMESTER, QUARTER OR TERM. (II) ON OR BEFORE NOVEMBER THIRTIETH, TWO THOUSAND ELEVEN, THE TRUS- TEES SHALL APPROVE AND SUBMIT TO THE CHAIRS OF THE ASSEMBLY WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AND TO THE DIRECTOR OF THE BUDGET A MASTER TUITION PLAN SETTING FORTH THE TUITION RATES THAT THE TRUSTEES PROPOSE FOR RESIDENT UNDERGRADUATE STUDENTS FOR THE FIVE YEAR PERIOD COMMENCING WITH THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE ACADEMIC YEAR AND ENDING IN THE TWO THOUSAND FIFTEEN-TWO THOUSAND SIXTEEN ACADEMIC YEAR, AND SHALL SUBMIT ANY PROPOSED AMENDMENTS TO SUCH PLAN BY NOVEMBER THIRTIETH OF EACH SUBSEQUENT YEAR THEREAFTER THROUGH NOVEMBER THIRTIETH, TWO THOUSAND FIFTEEN, AND PROVIDED FURTHER, THAT WITH THE APPROVAL OF THE BOARD OF TRUSTEES, EACH UNIVERSITY CENTER MAY INCREASE NON-RESIDENT UNDERGRADUATE TUITION RATES EACH YEAR BY NOT MORE THAN TEN PERCENT OVER THE TUITION RATES OF THE PRIOR ACADEMIC YEAR, SUBJECT TO THE APPROVAL OF A NY-SUNY 2020 PROPOSAL BY THE GOVERNOR AND THE CHANCELLOR OF THE STATE UNIVERSITY OF NEW YORK. (III) THE STATE SHALL APPROPRIATE ANNUALLY AND MAKE AVAILABLE GENERAL FUND OPERATING SUPPORT, INCLUDING FRINGE BENEFITS, FOR THE STATE UNIVER- SITY IN AN AMOUNT NOT LESS THAN THE AMOUNT APPROPRIATED AND MADE AVAIL- ABLE TO THE STATE UNIVERSITY IN STATE FISCAL YEAR TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE. BEGINNING IN STATE FISCAL YEAR TWO THOUSAND TWELVE-TWO THOUSAND THIRTEEN AND THEREAFTER, THE STATE SHALL APPROPRIATE AND MAKE AVAILABLE GENERAL FUND OPERATING SUPPORT, INCLUDING FRINGE BENEFITS, FOR THE STATE UNIVERSITY IN AN AMOUNT NOT LESS THAN THE AMOUNT
APPROPRIATED AND MADE AVAILABLE IN THE PRIOR STATE FISCAL YEAR; PROVIDED, HOWEVER, THAT IF THE GOVERNOR DECLARES A FISCAL EMERGENCY, AND COMMUNICATES SUCH EMERGENCY TO THE TEMPORARY PRESIDENT OF THE SENATE AND SPEAKER OF THE ASSEMBLY, STATE SUPPORT FOR OPERATING EXPENSES AT THE STATE UNIVERSITY AND CITY UNIVERSITY MAY BE REDUCED IN A MANNER PROPOR- TIONATE TO ONE ANOTHER, AND THE AFOREMENTIONED PROVISIONS SHALL NOT APPLY. (IV) FOR THE STATE UNIVERSITY FISCAL YEARS COMMENCING TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE AND ENDING TWO THOUSAND FIFTEEN--TWO THOU- SAND SIXTEEN, EACH UNIVERSITY CENTER MAY SET ASIDE A PORTION OF ITS TUITION REVENUES DERIVED FROM TUITION INCREASES TO PROVIDE INCREASED FINANCIAL AID FOR NEW YORK STATE RESIDENT UNDERGRADUATE STUDENTS WHOSE NET TAXABLE INCOME IS EIGHTY THOUSAND DOLLARS OR MORE SUBJECT TO THE APPROVAL OF A NY-SUNY 2020 PROPOSAL BY THE GOVERNOR AND THE CHANCELLOR OF THE STATE UNIVERSITY OF NEW YORK. NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED AS TO AUTHORIZE THAT STUDENTS WHOSE NET TAXABLE INCOME IS EIGHTY THOUSAND DOLLARS OR MORE ARE ELIGIBLE FOR TUITION ASSISTANCE PROGRAM AWARDS PURSUANT TO SECTION SIX HUNDRED SIXTY-SEVEN OF THIS CHAP- TER. S 4. Paragraph (a) of subdivision 7 of section 6206 of the education law, as amended by chapter 327 of the laws of 2002, the opening para- graph as amended by section 2 of part O of chapter 58 of the laws of 2006, is amended to read as follows: (a) The board of trustees shall establish positions, departments, divisions and faculties; appoint and in accordance with the provisions of law fix salaries of instructional and non-instructional employees therein; establish and conduct courses and curricula; prescribe condi- tions of student admission, attendance and discharge; and shall have the power to determine in its discretion whether tuition shall be charged and to regulate tuition charges, and other instructional and non-in- structional fees and other fees and charges at the educational units of the city university. The trustees shall review any proposed community college tuition increase and the justification for such increase. The justification provided by the community college for such increase shall include a detailed analysis of ongoing operating costs, capital, debt service expenditures, and all revenues. The trustees shall not impose a differential tuition charge based upon need or income. All students enrolled in programs leading to like degrees at the senior colleges shall be charged a uniform rate of tuition, except for differential tuition rates based on state residency[.], PROVIDED, HOWEVER, THAT: (I) COMMENCING WITH THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE ACADEMIC YEAR AND ENDING IN THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN ACADEMIC YEAR, THE CITY UNIVERSITY OF NEW YORK BOARD OF TRUSTEES SHALL BE EMPOWERED TO INCREASE THE RESIDENT UNDERGRADUATE RATE OF TUITION BY NOT MORE THAN THREE HUNDRED DOLLARS OVER THE RESIDENT UNDER- GRADUATE RATE OF TUITION ADOPTED BY THE BOARD OF TRUSTEES IN THE PRIOR ACADEMIC YEAR, PROVIDED HOWEVER THAT IF THE ANNUAL RESIDENT UNDERGRADU- ATE RATE OF TUITION WOULD EXCEED FIVE THOUSAND DOLLARS, THEN A TUITION CREDIT FOR EACH ELIGIBLE STUDENT, AS DETERMINED AND CALCULATED BY THE NEW YORK STATE HIGHER EDUCATION SERVICES CORPORATION PURSUANT TO SECTION SIX HUNDRED EIGHTY-NINE-A OF THIS CHAPTER, SHALL BE APPLIED TOWARD THE TUITION CHARGED FOR EACH SEMESTER, QUARTER OR TERM OF STUDY. TUITION FOR EACH SEMESTER, QUARTER OR TERM OF STUDY SHALL NOT BE DUE FOR ANY STUDENT ELIGIBLE TO RECEIVE SUCH TUITION CREDIT UNTIL THE TUITION CREDIT IS CALCULATED AND APPLIED AGAINST THE TUITION CHARGED FOR THE CORRESPONDING SEMESTER, QUARTER OR TERM.
(II) ON OR BEFORE NOVEMBER THIRTIETH, TWO THOUSAND ELEVEN, THE TRUS- TEES SHALL APPROVE AND SUBMIT TO THE CHAIRS OF THE ASSEMBLY WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AND TO THE DIRECTOR OF THE BUDGET A MASTER TUITION PLAN SETTING FORTH THE TUITION RATES THAT THE TRUSTEES PROPOSE FOR RESIDENT UNDERGRADUATE STUDENTS FOR THE FIVE YEAR PERIOD COMMENCING WITH THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE ACADEMIC YEAR AND ENDING IN THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN ACADEMIC YEAR, AND SHALL SUBMIT ANY PROPOSED AMENDMENTS TO SUCH PLAN BY NOVEMBER THIRTIETH OF EACH SUBSEQUENT YEAR THEREAFTER THROUGH NOVEMBER THIRTIETH, TWO THOUSAND FIFTEEN. (III) THE STATE SHALL APPROPRIATE ANNUALLY AND MAKE AVAILABLE STATE SUPPORT FOR OPERATING EXPENSES, INCLUDING FRINGE BENEFITS, FOR THE CITY UNIVERSITY IN AN AMOUNT NOT LESS THAN THE AMOUNT APPROPRIATED AND MADE AVAILABLE TO THE CITY UNIVERSITY IN STATE FISCAL YEAR TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE. BEGINNING IN STATE FISCAL YEAR TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN AND THEREAFTER, THE STATE SHALL APPROPRI- ATE AND MAKE AVAILABLE STATE SUPPORT FOR OPERATING EXPENSES, INCLUDING FRINGE BENEFITS, FOR THE CITY UNIVERSITY IN AN AMOUNT NOT LESS THAN THE AMOUNT APPROPRIATED AND MADE AVAILABLE IN THE PRIOR STATE FISCAL YEAR; PROVIDED, HOWEVER, THAT IF THE GOVERNOR DECLARES A FISCAL EMERGENCY, AND COMMUNICATES SUCH EMERGENCY TO THE TEMPORARY PRESIDENT OF THE SENATE AND SPEAKER OF THE ASSEMBLY, STATE SUPPORT FOR OPERATING EXPENSES OF THE STATE UNIVERSITY AND CITY UNIVERSITY MAY BE REDUCED IN A MANNER PROPOR- TIONATE TO ONE ANOTHER, AND THE AFOREMENTIONED PROVISIONS SHALL NOT APPLY. (A-1) The trustees shall further provide that the payment of tuition and fees by any student who is not a resident of New York state, other than a non-immigrant alien within the meaning of paragraph (15) of subsection (a) of section 1101 of title 8 of the United States Code, shall be paid at a rate or charge no greater than that imposed for students who are residents of the state if such student: (i) attended an approved New York high school for two or more years, graduated from an approved New York high school and applied for attend- ance at an institution or educational unit of the city university within five years of receiving a New York state high school diploma; or (ii) attended an approved New York state program for general equiv- alency diploma exam preparation, received a general equivalency diploma issued within New York state and applied for attendance at an institu- tion or educational unit of the city university within five years of receiving a general equivalency diploma issued within New York state; or (iii) was enrolled in an institution or educational unit of the city university in the fall semester or quarter of the two thousand one--two thousand two academic year and was authorized by such institution or educational unit to pay tuition at the rate or charge imposed for students who are residents of the state. A student without lawful immigration status shall also be required to file an affidavit with such institution or educational unit stating that the student has filed an application to legalize his or her immigration status, or will file such an application as soon as he or she is eligi- ble to do so. [The] EXCEPT AS OTHERWISE AUTHORIZED IN PARAGRAPH (A) OF THIS SUBDIVISION, THE trustees shall not adopt changes in tuition charg- es prior to the enactment of the annual budget. The board of trustees may accept as partial reimbursement for the education of veterans of the armed forces of the United States who are otherwise qualified such sums as may be authorized by federal legislation to be paid for such educa- tion. The board of trustees may conduct on a fee basis extension courses
and courses for adult education appropriate to the field of higher education. In all courses and courses of study it may, in its discretion, require students to pay library, laboratory, locker, break- age and other instructional and non-instructional fees and meet the cost of books and consumable supplies. In addition to the foregoing fees and charges, the board of trustees may impose and collect fees and charges for student government and other student activities and receive and expend them as agent or trustee. S 5. The education law is amended by adding a new section 689-a to read as follows: S 689-A. TUITION CREDITS. 1. THE NEW YORK STATE HIGHER EDUCATION SERVICES CORPORATION SHALL CALCULATE A TUITION CREDIT FOR EACH RESIDENT UNDERGRADUATE STUDENT WHO HAS FILED AN APPLICATION WITH SUCH CORPORATION FOR A TUITION ASSISTANCE PROGRAM AWARD PURSUANT TO SECTION SIX HUNDRED SIXTY-SEVEN OF THIS ARTICLE, AND IS DETERMINED TO BE ELIGIBLE TO RECEIVE SUCH AWARD, AND IS ALSO ENROLLED IN A PROGRAM OF UNDERGRADUATE STUDY AT A STATE OPERATED OR SENIOR COLLEGE OF THE STATE UNIVERSITY OF NEW YORK OR THE CITY UNIVERSITY OF NEW YORK WHERE THE ANNUAL RESIDENT UNDERGRADU- ATE TUITION RATE WILL EXCEED FIVE THOUSAND DOLLARS. SUCH TUITION CREDIT SHALL BE CALCULATED FOR EACH SEMESTER, QUARTER OR TERM OF STUDY THAT TUITION IS CHARGED AND TUITION FOR THE CORRESPONDING SEMESTER, QUARTER OR TERM SHALL NOT BE DUE FOR ANY STUDENT ELIGIBLE TO RECEIVE SUCH TUITION CREDIT UNTIL SUCH CREDIT IS CALCULATED, THE STUDENT AND SCHOOL WHERE THE STUDENT IS ENROLLED IS NOTIFIED OF THE TUITION CREDIT AMOUNT, AND SUCH TUITION CREDIT IS APPLIED TOWARD THE TUITION CHARGED. 2. EACH TUITION CREDIT PURSUANT TO THIS SECTION SHALL BE AN AMOUNT EQUAL TO THE PRODUCT OF THE TOTAL ANNUAL RESIDENT UNDERGRADUATE TUITION RATE MINUS FIVE THOUSAND DOLLARS THEN MULTIPLIED BY AN AMOUNT EQUAL TO THE PRODUCT OF THE TOTAL ANNUAL AWARD FOR THE STUDENT PURSUANT TO SECTION SIX HUNDRED SIXTY-SEVEN OF THIS ARTICLE DIVIDED BY AN AMOUNT EQUAL TO THE MAXIMUM AMOUNT THE STUDENT QUALIFIES TO RECEIVE PURSUANT TO CLAUSE (A) OF SUBPARAGRAPH (I) OF PARAGRAPH A OF SUBDIVISION THREE OF SECTION SIX HUNDRED SIXTY-SEVEN OF THIS ARTICLE. S 6. Section 355 of the education law is amended by adding a new subdivision 6-a to read as follows: 6-A. THE STATE UNIVERSITY TRUSTEES SHALL ADOPT GUIDELINES FOR FOUNDA- TIONS OF STATE-OPERATED CAMPUSES THAT REQUIRE EACH FOUNDATION TO ADOPT A CONFLICT OF INTEREST POLICY APPLICABLE TO SUCH FOUNDATION AND ITS AFFIL- IATED CORPORATIONS. AMONG OTHER ITEMS, THE STATE UNIVERSITY TRUSTEES' GUIDELINES SHALL REQUIRE SUCH FOUNDATION POLICIES TO PROVIDE: (A) THAT SERVICE AS A BOARD MEMBER OR OFFICER THEREOF SHALL NOT BE USED AS A MEANS FOR PRIVATE BENEFIT OR INUREMENT FOR THE BOARD MEMBER OR OFFICER, A RELATIVE THEREOF, OR ANY ENTITY IN WHICH THE BOARD MEMBER OR OFFICER, OR RELATIVE THEREOF, HAS A BUSINESS INTEREST; (B) NO BOARD MEMBER OR OFFICER WHO IS A VENDOR OF GOODS OR SERVICES TO THE FOUNDATION OR ITS AFFILIATED CORPORATION, OR WHO HAS A BUSINESS INTEREST IN SUCH VENDOR, OR WHOSE RELATIVE HAS A BUSINESS INTEREST IN SUCH VENDOR, SHALL VOTE ON, OR PARTICIPATE IN THE FOUNDATION'S ADMINISTRATION OF, ANY TRANSACTION WITH SUCH VENDOR; AND (C) A BOARD MEMBER OR OFFICER SHALL ADVISE THE CHAIR OF THE FOUNDATION OR ITS AFFILIATED CORPORATION OF HIS OR A RELA- TIVE'S BUSINESS INTEREST IN ANY SUCH EXISTING OR PROPOSED VENDOR WITH THE FOUNDATION OR ITS AFFILIATE. THE STATE UNIVERSITY TRUSTEES' GUIDE- LINES SHALL DEFINE THE NATURE OF A BUSINESS INTEREST AND THE CLOSENESS OF A PERSONAL RELATION THAT BRING A RELATIONSHIP WITHIN THE PURPOSES OF THIS SUBDIVISION.
S 7. Section 1 of chapter 174 of the laws of 1968, constituting the New York state urban development corporation act, is amended by adding a new section 45 to read as follows: S 45. NY-SUNY 2020. 1. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW TO THE CONTRARY, THE URBAN DEVELOPMENT CORPORATION OF THE STATE OF NEW YORK IS HEREBY AUTHORIZED TO ISSUE BONDS OR NOTES IN ONE OR MORE SERIES FOR THE PURPOSE OF FUNDING PROJECT COSTS FOR THE IMPLEMENTATION OF A NY-SUNY 2020 CHALLENGE GRANT PROGRAM SUBJECT TO THE APPROVAL OF A NY-SUNY 2020 PLAN OR PLANS BY THE GOVERNOR AND THE CHANCELLOR OF THE STATE UNIVERSITY OF NEW YORK. THE AGGREGATE PRINCIPAL AMOUNT OF BONDS AUTHORIZED TO BE ISSUED PURSUANT TO THIS SECTION SHALL NOT EXCEED $80,000,000, EXCLUDING BONDS ISSUED TO FUND ONE OR MORE DEBT SERVICE RESERVE FUNDS, TO PAY COSTS OF ISSUANCE OF SUCH BONDS, AND BONDS OR NOTES ISSUED TO REFUND OR OTHERWISE REPAY SUCH BONDS OR NOTES PREVIOUSLY ISSUED. SUCH BONDS AND NOTES OF THE CORPORATION SHALL NOT BE A DEBT OF THE STATE, AND THE STATE SHALL NOT BE LIABLE THEREON, NOR SHALL THEY BE PAYABLE OUT OF ANY FUNDS OTHER THAN THOSE APPROPRIATED BY THE STATE TO THE CORPORATION FOR PRINCIPAL, INTEREST, AND RELATED EXPENSES PURSUANT TO A SERVICE CONTRACT AND SUCH BONDS AND NOTES SHALL CONTAIN ON THE FACE THEREOF A STATEMENT TO SUCH EFFECT. EXCEPT FOR PURPOSES OF COMPLYING WITH THE INTERNAL REVENUE CODE, ANY INTEREST INCOME EARNED ON BOND PROCEEDS SHALL ONLY BE USED TO PAY DEBT SERVICE ON SUCH BONDS. 2. NOTWITHSTANDING ANY OTHER LAW, RULE, OR REGULATION TO THE CONTRARY, THE COMPTROLLER IS HEREBY AUTHORIZED AND DIRECTED TO DEPOSIT TO THE CREDIT OF THE CAPITAL PROJECTS FUND, REIMBURSEMENT FROM THE PROCEEDS OF NOTES OR BONDS ISSUED BY THE URBAN DEVELOPMENT CORPORATION OF THE STATE OF NEW YORK FOR CAPITAL DISBURSEMENTS OF UP TO $80,000,000 FROM ANY APPROPRIATION OR REAPPROPRIATION AUTHORIZED BY A CHAPTER OF THE LAWS OF 2011 FOR NY-SUNY 2020 CHALLENGE GRANTS. 3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IN ORDER TO ASSIST THE URBAN DEVELOPMENT CORPORATION IN UNDERTAKING THE FINANCING FOR PROJECT COSTS FOR THE NY-SUNY 2020 CHALLENGE GRANT PROGRAM, THE DIRECTOR OF THE BUDGET IS HEREBY AUTHORIZED TO ENTER INTO ONE OR MORE SERVICE CONTRACTS WITH THE CORPORATION, NONE OF WHICH SHALL EXCEED THIRTY YEARS IN DURATION, UPON SUCH TERMS AND CONDITIONS AS THE DIRECTOR OF THE BUDGET AND THE CORPORATION AGREE, SO AS TO ANNUALLY PROVIDE TO THE CORPORATION, IN THE AGGREGATE, A SUM NOT TO EXCEED THE PRINCIPAL, INTEREST, AND RELATED EXPENSES REQUIRED FOR SUCH BONDS AND NOTES. ANY SERVICE CONTRACT ENTERED INTO PURSUANT TO THIS SECTION SHALL PROVIDE THAT THE OBLIGATION OF THE STATE TO PAY THE AMOUNT THEREIN PROVIDED SHALL NOT CONSTITUTE A DEBT OF THE STATE WITHIN THE MEANING OF ANY CONSTITUTIONAL OR STATUTORY PROVISION AND SHALL BE DEEMED EXECUTORY ONLY TO THE EXTENT OF MONIES AVAILABLE AND THAT NO LIABILITY SHALL BE INCURRED BY THE STATE BEYOND THE MONIES AVAILABLE FOR SUCH PURPOSE, SUBJECT TO ANNUAL APPROPRIATION BY THE LEGISLATURE. ANY SUCH CONTRACT OR ANY PAYMENTS MADE OR TO BE MADE THEREUNDER MAY BE ASSIGNED AND PLEDGED TO THE CORPORATION AS SECURITY FOR ITS BONDS AND NOTES, AS AUTHORIZED BY THIS SECTION. S 8. SUNY capital commitment. Notwithstanding any provision of law, rule or regulation to the contrary, of the amounts appropriated and designated as university wide within chapter 54 of the laws of 2011 for the state university of New York or the state university construction fund, a total amount of $60,000,000 shall be divided equally amongst the university centers and such allocations shall be made available to each university center, as defined by subdivision 7 of section 350 of the education law, for purposes and projects identified in a plan and
approved by the governor and the chancellor of the state university of New York, and filed with the office of the state comptroller for the NY-SUNY 2020 challenge grant program. Such funds shall be available during the 2011-12 academic year and thereafter. S 9. University center capital program flexibility. Notwithstanding any provision of law, rule or regulation to the contrary, of the amounts appropriated within chapter 54 of the laws of 2011 for the state univer- sity of New York or the state university construction fund: (1) designated amounts from advances for alterations and improvements to facilities for capital critical maintenance appropriations or reap- propriations currently available to the university centers at Albany, Binghamton, Buffalo, and Stony Brook; or (2) advances to SUNY hospitals, shall be made available, for purposes and projects identified in a plan and approved by the governor and the chancellor of the state university of New York, and filed with the office of the state comptroller for the NY-SUNY 2020 challenge grant program. The funding from such appropriations, reappropriations and advances that are designated to be utilized in such plans shall be specifically identified and shall be submitted to the temporary presi- dent of the senate and speaker of the assembly at least 15 days prior to the approval of the plan by the governor and the chancellor. Such funds shall be available during the 2011-12 academic year and thereafter. S 10. (a) The amount specified in this act for state operations, or so much thereof as shall be sufficient to accomplish the purposes desig- nated by the appropriation, is hereby appropriated and authorized to be paid as hereinafter provided, to the purposes specified. (b) No moneys appropriated by this act shall be available for payment until a certificate of approval has been issued by the director of the budget, who shall file such certificate with the department of audit and control, the chairperson of the senate finance committee and the chair- person of the assembly ways and means committee. (c) The appropriations contained in this act shall be available imme- diately. STATE UNIVERSITY OF NEW YORK Special Revenue Funds - Other State University Income Fund State University Revenue Offset Account For services and expenses of state universi- ty operations and activities supported by tuition .................................... $52,200,000 S 11. (a) The amount specified in this act for state operations, or so much thereof as shall be sufficient to accomplish the purposes desig- nated by the appropriation, is hereby appropriated and authorized to be paid as hereinafter provided, to the purposes specified. (b) No moneys appropriated by this act shall be available for payment until a certificate of approval has been issued by the director of the budget, who shall file such certificate with the department of audit and control, the chairperson of the senate finance committee and the chair- person of the assembly ways and means committee. (c) The appropriations contained in this act shall be available imme- diately.
CITY UNIVERSITY OF NEW YORK Fiduciary Funds CUNY Senior College Operating Fund CUNY Senior College Operating Account For services and expenses of city university operations and activities supported by tuition .................................... $76,300,000 S 12. Any contracts awarded or entered into by any State University of New York at Buffalo campus related foundation, alumni association or affiliate thereof, any not-for-profit corporation or association organ- ized by the president of the State University of New York at Buffalo to further its purposes, or any limited liability company whose sole member is any of the foregoing entities, or by the State University of New York, the State University Construction Fund, or the Dormitory Authority of the State of New York, on behalf of the State University of New York at Buffalo, for construction, reconstruction, renovation, rehabili- tation, improvement or expansion at the State University of New York at Buffalo, for any single construction project exceeding $20 million in the aggregate, for which more than twenty-five percent of such aggregate amount is to be paid from appropriations furnished by either the State of New York or the State University of New York, such construction, reconstruction, renovation, rehabilitation, improvement or expansion at the State University of New York at Buffalo shall be undertaken pursuant to a project labor agreement, as defined in subdivision 1 of section 222 of the labor law, provided a study done by or for the contracting entity determines 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 perti- nent local history thereof. For purposes of applying the dollar thresh- olds set forth in the preceding sentence, the term "single construction project" shall mean any functionally-interdependent construction, recon- struction, renovation, rehabilitation, improvement or expansion activity associated with a single building, structure or improvement, including all directly related infrastructure and site work in contemplation ther- eof. S 13. Notwithstanding the provisions of any general, special, or local law or judicial decision to the contrary: (a) Any university center campus related foundation, alumni associ- ation or affiliate thereof, any not-for-profit corporation or associ- ation organized by the president of a university center to further its purposes, or any limited liability company whose sole member is any of the foregoing entities, or by the State University of New York, the State University Construction Fund, or the Dormitory Authority of the State of New York, on behalf of a university center at Albany, Bingham- ton, or Stony Brook may require a contractor awarded a contract, subcon- tract, 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 any request for proposals on behalf of such university centers for the project. When any such university center campus related foundation, alumni association or affiliate thereof, any not-for-profit corporation or association organ- ized by the president of a university center to further its purposes, or any limited liability company whose sole member is any of the foregoing
entities, or the State University of New York, the State University Construction Fund, or the Dormitory Authority of the State of New York, on behalf of a university center at Albany, Binghamton, or Stony Brook determine 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 includ- ing: 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 any such university center campus related foundation, alumni association or affiliate thereof, any not-for-profit corporation or association organized by the president of a university center to further its purposes, or any limited liability company whose sole member is any of the foregoing entities, or by the State University of New York, the State University Construction Fund, or the Dormitory Authority of the State of New York, on behalf of a university center at Albany, Bingham- ton, or Stony Brook does not require a project labor agreement, then any contractor, subcontractor, lease, grant, bond, covenant or other agree- ments for a project shall be awarded pursuant to section 135 of the state finance law. S 14. Section 359 of the education law is amended by adding a new subdivision 5 to read as follows: 5. THE STATE UNIVERSITY TRUSTEES SHALL CONDUCT A STUDY REGARDING THE EFFECTIVENESS AND FUNCTIONALITY OF THE NEW YORK STATE TUITION ASSISTANCE PROGRAM, WHICH SHALL CONSIDER A VARIETY OF FACTORS INCLUDING, BUT NOT LIMITED TO, THE COSTS ASSOCIATED WITH PURSUING A DEGREE IN UNDERGRADUATE STUDY, CURRENT TUITION ASSISTANCE PROGRAM THRESHOLDS AND AWARD LEVELS, CURRENT ELIGIBILITY CRITERIA TO QUALIFY FOR AN AWARD UNDER THE TUITION ASSISTANCE PROGRAM, AND ANY OTHER INFORMATION THE TRUSTEES DETERMINE TO BE RELEVANT. THE STUDY SHALL ALSO INCLUDE RECOMMENDATIONS TO IMPROVE THE TUITION ASSISTANCE PROGRAM TO BETTER MEET THE FUTURE FINANCIAL AID NEEDS OF STUDENTS WHO RESIDE IN NEW YORK STATE AND TO ENSURE CONTINUED ACCESS AND AFFORDABILITY OF THE STATE UNIVERSITY OF NEW YORK. THE STUDY SHALL BE SUBMITTED TO THE GOVERNOR, THE TEMPORARY PRESIDENT 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 LEGISLATURE ON OR BEFORE OCTOBER FIRST, TWO THOUSAND THIRTEEN. IN ADDITION, THE STATE UNIVERSITY SHALL ANNUALLY EXAMINE AND REPORT ON EACH STATE-OPERATED CAMPUS' EFFORTS TO PROMOTE FISCAL STABILITY FOR THE DURATION OF THE FIVE YEAR TUITION PLAN BY IMPLEMENTING COST SAVING MEASURES AND INCREASING FUNDRAISING EFFORTS. FURTHER, THE TRUSTEES SHALL PERIODICALLY REVIEW THEIR PATENT POLICIES TO ENSURE COMPETITIVENESS, AND SHALL ANNUALLY REPORT ON HOW THE REVENUE GENERATED BY THIS PARAGRAPH HAS HELPED RETAIN AND GROW FULL-TIME FACULTY AND INCREASE PROGRAM AVAILABILITY. THE UNIVERSITY CENTERS SHALL ALSO REPORT ANNUALLY TO THE STATE UNIVERSITY TRUSTEES ON HOW RESEARCH REVENUE YIELDS QUANTIFIABLE RESULTS FOR EACH OF THE FOUR CAMPUSES AND STATE UNIVERSITY OF NEW YORK AT BUFFALO AND STATE UNIVERSITY OF NEW YORK AT STONY BROOK SHALL ADDITIONALLY REPORT ON WHAT EACH CAMPUS IS DOING TO MAINTAIN THEIR AAU STATUS. S 15. Section 6206 of the education law is amended by adding a new subdivision 17 to read as follows: 17. THE CITY UNIVERSITY TRUSTEES SHALL CONDUCT A STUDY REGARDING THE EFFECTIVENESS AND FUNCTIONALITY OF THE NEW YORK STATE TUITION ASSISTANCE PROGRAM, WHICH SHALL CONSIDER A VARIETY OF FACTORS INCLUDING, BUT NOT LIMITED TO, THE COSTS ASSOCIATED WITH PURSUING A DEGREE IN UNDERGRADUATE
STUDY, CURRENT TUITION ASSISTANCE PROGRAM THRESHOLDS AND AWARD LEVELS, CURRENT ELIGIBILITY CRITERIA TO QUALIFY FOR AN AWARD UNDER THE TUITION ASSISTANCE PROGRAM AND ANY OTHER INFORMATION THE TRUSTEES DETERMINE TO BE RELEVANT. THE STUDY SHALL ALSO INCLUDE RECOMMENDATIONS TO IMPROVE THE TUITION ASSISTANCE PROGRAM TO BETTER MEET THE FUTURE FINANCIAL AID NEEDS OF STUDENTS WHO RESIDE IN NEW YORK STATE AND TO ENSURE CONTINUED ACCESS AND AFFORDABILITY OF THE CITY UNIVERSITY OF NEW YORK. THE STUDY SHALL BE SUBMITTED TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE DIRECTOR OF THE DIVISION OF BUDGET, THE SENATE FINANCE COMMITTEE, THE ASSEMBLY WAYS AND MEANS COMMITTEE AND THE HIGHER EDUCATION COMMITTEES OF THE LEGISLATURE ON OR BEFORE OCTOBER FIRST, TWO THOUSAND THIRTEEN. IN ADDITION, THE CITY UNIVERSITY SHALL ANNUALLY EXAMINE AND REPORT ON EACH STATE-OPERATED CAMPUS' EFFORTS TO PROMOTE FISCAL STABILITY FOR THE DURATION OF THE FIVE YEAR TUITION PLAN BY IMPLEMENTING COST SAVING MEASURES AND INCREASING FUNDRAISING EFFORTS. S 16. This act shall take effect July 1, 2011 and shall expire 5 years after such effective date when upon such date the provisions of this act shall be deemed repealed.

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