Relates to tuition increases, leasing, contracting, and the overall daily operation at the State University of New York at Buffalo

Section 1 modifies the New York State Education Law to allow the University at Buffalo to establish starting with the 2011-2012 academic year differential tuition rates on a program by program, class-year by class-year basis for undergraduate and graduate degree granting programs, subject to an overall limitation based upon indexed averages from other peer institutions and a semester undergraduate limit of $375 and annual graduate limit of 15%. This measure provides that the monies raised from any tuition increases will be used exclusively for financial aid programs at the University at Buffalo (this revenue would be used to provide financial aid to ensure that no family making less than $60,000 a year would feel the effect of the tuition increase) and for other University at Buffalo related programs.

Sections 2 through 4 amend the Public Authorities Law to provide maximum flexibility to the University at Buffalo for future capital projects on its three campuses by allowing capital project financing to proceed through campus-related nonprofit organizations, which would be allowed to procure financing through the Dormitory Authority of the State of New York.

Section 5 amends the General Municipal Law, the Finance Law and the Education Law to exclude contracts for construction or renovation at the University at Buffalo from certain multiple contractor and bidding requirements, provided that wages paid to contractors employed in conjunction with such construction or renovations shall be at prevailing wage rates in accordance with the Labor Law, that such construction or renovation complies with certain safety precautions set forth in the Labor Law and that a competitive selection process is employed in selecting contractors to perform such construction or renovation.

Section 6 provides for certain construction or renovation projects at the University at Buffalo to be undertaken pursuant to project labor agreements, provided a study determines that a project labor agreement will benefit such construction or renovation.

Section 7 provides for the creation and implementation of a diversity plan for the University at Buffalo's UB 2020 initiative and for periodic reporting regarding such diversity plan.

Sections 8 through 10 amend the General Municipal Law to allow future capital projects on the three campuses of the University at Buffalo to proceed through campus-related nonprofit organizations, through local industrial development agencies.

Sections 11 and 12 amend the Education Law to increase the flexibility afforded to the University at Buffalo for future capital projects by allowing the University to utilize alternative, more cost advantageous construction delivery models, including design/build, and construction manager at risk, which are presently not allowed under existing state law.

Section 13 requires the President of the University at Buffalo to report annually to the Governor and the Legislature on the effectiveness of these reforms.

PART B - LAND DISPOSITION FLEXIBILITY

Section 1 and 2 amend the Education Law to provide the University at Buffalo with more flexibility to lease, acquire and dispose of land, under the auspices of the SUNY Trustees, so as to maximize educational and commercial development opportunities associated with the UB's 2020 initiative.

Section 3 amends the Education Law to permit participation by the University at Buffalo in public-private partnership arrangements with public, nonprofit and business entities to further the objectives of the University at Buffalo, including UB's 2020 initiative.

PART C - PROCUREMENT REFORM

Part C amends the Education Law, the State Finance Law and the Tax Law to permit the University at Buffalo to purchase goods and services without prior state agency approval.

Sections 1 through 4 and 8 are designed to provide greater autonomy to the University at Buffalo in procuring goods and services, by replacing State Comptroller procurement guidelines with guidelines put forth by the SUNY Trustees and by exempting University at Buffalo contracts from prior State Comptroller approval. Such transactions would remain subject to post-audit review by the Comptroller.

Sections 5 and 6 are designed to allow SUNY-affiliated nonprofit corporations to take advantage of centralized state purchasing.

Section 7 permits SUNY to establish rules for sole-source procurements of goods and services, in lieu of state-mandated sole-source

procurement policies, in recognition of the unique nature of goods and services procured by SUNY educational institutions.

PART D-RETENTION OF UNIVERSITY AT BUFFALO GENERATED FUNDS

Part D amends the Education Law and the State Finance Law to ensure that revenue from University at Buffalo sponsored initiatives, including all revenue generated through UB's 2020 initiative, remains at the University at Buffalo to be used exclusively for University at Buffalo programs.

PART E- ALUMNI ASSOCIATION LEASES

Part E amends the Education Law to conform the existing power of the SUNY Trustees to lease University at Buffalo lands to its alumni association with the procurement reforms set forth in Part C of the proposed legislation.

Justification

Under the current economic climate, New York State must develop a globally competitive, diversified economy. As New York's leading public research university, the provisions detailed in this legislation will transform the University at Buffalo into a model twenty-first century public university. This transformation will reinvigorate the Western New York region, spur the local economy and improve the quality of life of its residents.

Prior legislative history

New bill.

Fiscal implications

To be determined.

Effective date

This act shall take effect immediately.