Relates to the extension of the state university of New York at Stony Brook's lease to certain lands

Summary of provisions

Section 1: Section 1 outlines the legislative intent of the bill.

Section 2: Section 2 provides that the SUNY Trustees are authorized to lease without public bidding a portion of lands on the SUNY Stony Brook campus for the design and construction of an addition to the Simons Center for Geometry and Physics, upon terms and conditions not to exceed in the aggregate two years.

Section 3: Section 3 provides that the lessee or contracting not-for-profit corporation shall comply with article 15-A of the executive law. Moreover, the lessee or contractor and/or subcontractor is required to comply with sections 220, 240, and 241 of the labor law.

Section 4: Section 4 provides that nothing in this act shall be deemed to waive or impair any rights or benefits of employees of the SUNY that would otherwise be available to them under article 14 of the civil service law. Any entity that enters into a contract pursuant to the provisions of this act shall be considered a university foundation for the purposes of such agreements pursuant to article 14 of the civil service law.

Section 5: Section 5 outlines some of the terms and conditions the Trustees' lease or contract may provide for.

Section 6: Section 6 provides that the lease entered into pursuant to this act shall be subject to approval of the attorney general as to form, the director of the budget, and the state comptroller.

Section 7: Section 7 provides that the lease shall include an indemnity provision whereby the lessee agrees to hold harmless and defend the lessor against all claims, suits, actions, liability and damages to all persons on the lease premises.

Section 8: Section 8 provides that any contract entered into pursuant to this act between an education corporation, not-for-profit corporation, public benefit corporation or any other person or corporation (other than the state government or any agency thereof) and parties contracting with such education corporation, not-for-profit corporation, public benefit corporation or any other person or corporation (other than the state government or any agency thereof) for the design and construction only of this facility shall be awarded by a competitive process.

Section 9: Section 9 generally outlines the area to be leased.

Section 10: Section 10 provides that 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.

Justification

In 2008, legislation was enacted (Chapter 629 of 2008) to allow SUNY Stony Brook with the opportunity, through the generosity of a private donor, to create a facility dedicated to advancing knowledge in the fields of geometry and physics without the need for a request for proposal process. Such efforts led to what would become the Simons Center for Geometry and Physics (Simons Center), which has enhanced the academic mission of the university and provides a unique opportunity for education, research, and economic benefit to the region, nation, and the world.

The Simons Center opened in 2010 and is again poised for enhancements and an expansion of programmatic use. The project additions envisioned will increase functionality of the facility and expand programmatic use by adding a second elevator at the north side of the building to serve the public areas as well as the dining facility. The project will also add office space and provide a modest increase to the dining area. In order to make the enhancements through the generosity of a private donor it is necessary for the SUNY Trustees to allow a certain portion of the state land on the SUNY Stony Brook campus to be leased on a short term basis. For this specific project, such short term lease will be on terms and conditions as approved by the Trustees and for no longer than two years in the aggregate.

By enacting this legislation it would allow a similar act of generosity by a private donor to provide the support for the expansion and enhancement of the Simons Center on the campus of SUNY Stony Brook.

Legislative history

This is a new bill. Similar legislation was enacted in 2008 (Chapter 629 of the Laws of 2008).

Fiscal implications

None to the State.

Effective date

This act shall take effect immediately.