Relates to the lease of lands located at SUNY Farmingdale

Summary of provisions

Section one contains the legislative findings.

Section two defines Broad Hollow Bioscience Park, Inc. (BHBP).

Section three defines "project" and "project labor agreement".

Section four authorizes the State University Trustees, without public bidding, to lease and otherwise contract to make available to Broad Hollow Bioscience Park, Inc. a portion of the lands at SUNY Farmingdale for the purpose of developing, constructing and operating a biotechnology and other technology oriented office, research and manufacturing park.

Section five relates to section 15-A of the Executive Law.

Section six states that all work performed on projects authorized by this bill shall be deemed public work and shall be performed in accordance with Article 8 of the Labor Law.

Section seven states that the bill will not waive or impair any rights or benefits of SUNY employees, and that they shall continue their work as normal.

Section eight allows BHBP to require contractors to enter into a project labor agreement when certain conditions are met. When a project labor agreement is not required, then any contractor, subcontractor, lease, grant, bond, covenant or other agreement for a project shall be awarded pursuant to section 135 of the State Finance Law.

Section nine relates to the grounds and facilities clause of the lease.

Section 10 requires the lease to include an indemnity provision.

Section 11 requires all contracts between BHBP and parties it contracts with to be awarded by competitive process.

Section 12 delineates the metes and bounds of the property to be leased.

Section 13 gives SUNY three years to execute the lease authorized by this bill.

Section 14 gives this bill preeminence over any inconsistent laws.

Section 15 states the effective date.

Legislative history

This is a new bill.

Justification

Broad Hollow Bioscience Park (BHBP) is a not-for-profit New York State corporation. In June 1999, legislation was enacted to allow the State University of New York (SUNY) to enter into an agreement with BBBP for the development of a bioscience park at SUNY Farmingdale. In September 1999, BHBP executed a 30-year operating agreement with the State University Construction Fund (SUCF) to manage and operate the facility.

Following the execution of that agreement, construction of Building I began on the campus. In 2002, OSI Pharmaceuticals (OSI) agreed to become BHBP's anchor tenant, and construction began on a second building so that OSI could occupy most of Building I while early-stage companies could continue to be incubated in the additional building. Construction on Building II began in late 2005 on the current site which is supported by the general description of the parcel of land in the bill (1,650 feet by 1,780 feet by 600 feet by 3,000 feet).

In 2009, OSI requested additional space that would have required an expansion of the bioscience park. Before OSI's request could be considered and acted upon, the company announced that it was leaving BHBP and relocating its operations. Subsequently, OSI was acquired by Astellas Pharma, which announced its intention to reverse the decision and maintain OSI's operations at BHBP, if possible.

To retain OSI as the critical anchor tenant and accommodate its most recent requirements, BHBP and the college agreed to a footprint of 38.5 acres total for BHBP. This acreage will support the company's activities and occupation of both Buildings I and II; it also would accommodate a planned additional building which would enable the Bioscience Park to fulfill its role in the educational mission of the college as well as continuing to provide economic development through the incubation of early-stage companies in a multi-tenant Building III.

Fiscal implications

None to the State.

Effective date

This act shall take effect immediately.