Give Stony Brook More Authority

Section 1. This act shall be known and may be cited as the "Stony Brook University quality higher education and economic development act".

§ 2. Legislative findings and intent. The legislature finds that Stony Brook University is and continues to be a strong and valued player in the Long Island economy. The state must recognize the benefit of strengthening its partnership with Stony Brook University in terms of creating jobs and keeping individuals gainfully employed. Stony Brook University must also continue to focus on its contributions to the local economy and the role it can play beyond the Long Island region.

Stony Brook University ranks among the foremost research academic institutions in the world. The University must continue to ensure a quality education for all of its students, advance its research and clinical missions, and remain competitive with the other 61 Association of American Universities institutions across the nation. Its research

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD08496-01-9

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and development park, along with Brookhaven National Laboratory, will also serve a critical role in the development of high technologies, bio-technologies, and medical technologies and will continue to stimulate the economy and provide jobs and be the foundation for further alliances with public and private research entities.

Finally, the legislature intends to provide Stony Brook University greater flexibility and resources to ensure the continued delivery of the highest quality education to its students, the future workforce for our communities; University Hospital and Medical Center, the safety net for critical care on Long Island, and the training site for the future medical professionals; the necessary support for its faculty, and the tools to drive our economy back to prosperity.

§ 3. This act enacts into law major components of legislation which are necessary for the efficient and productive operation of this state. Each component is wholly contained within a Part identified as Parts A through E. The effective date or dates for each particular provision contained within such Part are set forth in the last section of such Part. Any provision in any section contained within a Part, including the effective date of the Part, which makes reference to a section "of this act", when used in connection with that particular component, shall be deemed to mean and refer to the corresponding section of the Part in which it is found.

PART A

Section 1. Paragraph h of subdivision 2 of section 355 of the education law is amended by adding a new subparagraph 4-a to read as follows:

(4-a) Commencing with the two thousand twenty academic year, the president of the state university of New York at Stony Brook, in consultation with the Stony Brook Council, is authorized to request revenues for students enrolled in degree granting programs at the state university of New York at Stony Brook with the prior approval of the trustees.

§ 2. Paragraph (b) of subdivision 2 of section 1676 of the public authorities law is amended by adding two new undesignated paragraphs to read as follows:

The state university of New York at Stony Brook, in connection with the financing, refinancing, acquisition, design, development, construction, reconstruction, renovation, rehabilitation, improvement, expansion, furnishing and equipping of, or otherwise providing for academic buildings, dormitories, and other facilities on lands held by the state of New York for the benefit of the state university of New York at Stony Brook or lands leased by the state of New York or the state university of New York at Stony Brook for use by students, faculty and staff of the state university of New York at Stony Brook.

Any state university of New York at Stony Brook campus-related foundation, alumni association or affiliate thereof, any not-for-profit corporation or association organized by the president or the alumni of the state university of New York at Stony Brook to further its purposes, or any limited liability company whose sole member is any one of the foregoing entities, in connection with the financing, refinancing, acquisition, design, development, construction, reconstruction, renovation, rehabilitation, improvement, expansion, furnishing and equipping of, or otherwise providing for, academic buildings, dormitories, and other facilities for the use of students, faculty and staff of the state university of New York at Stony Brook.

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§ 3. Subdivision 1 of section 1680 of the public authorities law is amended by adding two new undesignated paragraphs to read as follows:

The state university of New York at Stony Brook, in connection with the financing, refinancing, acquisition, design, development, construction, reconstruction, renovation, rehabilitation, improvement, expansion, furnishing and equipping of, or otherwise providing for, academic buildings, dormitories, and other facilities on lands held by the state of New York for the benefit of the state university of New York at Stony Brook or lands leased by the state of New York or the state university of New York at Stony Brook for use by students, faculty and staff of the state university of New York at Stony Brook.

Any state university of New York at Stony Brook campus-related foundation, alumni association or affiliate thereof, any not-for-profit corporation or association organized by the president of the state university of New York at Stony Brook to further its purposes, or any limited liability company whose sole member is any one of the foregoing entities, in connection with the financing, refinancing, acquisition, design, development, construction, reconstruction, renovation, rehabilitation, improvement, expansion, furnishing and equipping of, or otherwise providing for, academic buildings, dormitories, and other facilities for the use of students, faculty and staff of the state university of New York at Stony Brook.

§ 4. Any contracts entered into by the dormitory authority pursuant to this act shall be deemed state contracts within the meaning of that term as set forth in article 15-A of the executive law; and such authority shall be deemed, for the purposes of this act, a contracting agency as that term is used in article 15-A of the executive law.

§ 5. Subdivision 12 of section 373 of the education law, as amended by section 2 of subpart A of part D of chapter 58 of the laws of 2011, is amended to read as follows:

12. To procure and execute contracts, lease agreements, and all other instruments necessary or convenient for the exercise of its corporate powers and the fulfillment of its corporate purposes under this article. Notwithstanding subdivision two of section one hundred twelve of the state finance law or any other law to the contrary, fund procurements shall not be subject to the prior approval of any state officer or agency. Notwithstanding any other provision of law to the contrary, all such fund procurements on behalf of the state university of New York at Stony Brook shall be subject only to procurement guidelines that are annually adopted by the fund trustees, which shall substantially conform to the provisions of title four of article nine of the public authorities law;

§ 6. Subdivision 12 of section 373 of the education law, as added by chapter 251 of the laws of 1962, is amended to read as follows:

12. To [make] procure and execute contracts, lease agreements, and all other instruments necessary or convenient for the exercise of its corporate powers and the fulfillment of its corporate purposes under this article. Notwithstanding any other law to the contrary, all such fund procurements on behalf of the state university of New York at Stony Brook shall be subject only to procurement guidelines that are annually adopted by the fund trustees, which shall substantially conform to the provisions of title four of article nine of the public authorities law;

§ 7. Section 373 of the education law is amended by adding a new subdivision 20 to read as follows:

20. To design, construct, acquire, reconstruct, rehabilitate and improve academic buildings, dormitories and other facilities for use by students, faculty and staff of the state university of New York at Stony

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Brook using any project delivery method, including but not limited to, design/bid/build, design/build or construction manager at risk, that will assist the fund in fulfilling its purposes under section three hundred seventy-two of this article.

§ 8. Subdivisions 9 and 10 of section 376 of the education law are renumbered subdivisions 10 and 11 and a new subdivision 9 is added to read as follows:

9. All contracts which are to be awarded pursuant to this subdivision on behalf of the state university of New York at Stony Brook shall be awarded pursuant to procurement guidelines approved annually by the fund trustees or by public letting in accordance with the following provisions, notwithstanding any contrary provision of section one hundred twelve, one hundred thirty-five, one hundred thirty-six, one hundred thirty-nine or one hundred forty of the state finance law or any other law, provided, however, that where the estimated expense of any contract which may be awarded pursuant to this subdivision is less than two hundred fifty thousand dollars, a performance bond and a bond for the payment of labor and material may, in the discretion of the fund, not be required, and except that in the discretion of the fund, a contract may be entered into for such purposes without public letting where the estimated expense thereof is less than fifty thousand dollars, or where in the judgment of the fund an emergency condition exists as a result of damage to an existing academic building, dormitory or other facility which has been caused by an act of God, fire or other casualty, or any other unanticipated, sudden and unexpected occurrence, that has resulted in damage to or a malfunction in an existing academic building, dormitory or other facility and involves a pressing necessity for immediate repair, reconstruction or maintenance in order to permit the safe continuation of the use or function of such facility, or to protect the facility or the life, health or safety of any person, and the nature of the work is such that in the judgment of the fund it would be impractical and against the public interest to have public letting; provided, however, that the fund, prior to awarding a contract hereunder because of an emergency condition notify the comptroller of its intent to award such a contract:

a. The letting agency shall advertise the invitation to bid or the request for proposals in a newspaper published in the county of Suffolk and in such other newspapers as will be most likely in its opinion to give adequate notice to contractors of the work required provided, however, that where the estimated expense of any contract which may be awarded pursuant to this subdivision is less than two hundred fifty thousand dollars, the letting agency may advertise the invitation to bid solely through the procurement opportunities newsletter published pursuant to section one hundred forty-two of the economic development law. The invitation to bid or request for proposals shall contain such information as the letting agency shall deem appropriate.

b. The letting agency shall not award any contract after public bidding except to the lowest bidder who in its opinion is qualified to perform the work required and is responsible and reliable. The letting agency may, however, reject any or all bids, again advertise for bids, or waive any informality in a bid if it believes that the public interest will be promoted thereby.

c. The invitation to bid, request for proposals and the contract awarded shall contain such other terms and conditions, and such provisions for penalties, as the letting agency may deem desirable.

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d. Any contract awarded pursuant to this subdivision shall contain a clause that the contract shall be deemed executory to the extent of the moneys available and that no liability shall be incurred by the fund beyond the moneys available therefor.

e. The letting agency shall require such deposits, bonds and security in connection with the submission of bids or request for proposals, the award of contracts and the performance of work as it shall determine to be in the public interest and for the protection of the state, the state university, the fund and the letting agency.

f. Notwithstanding the provisions of any other law to the contrary, all contracts for public work awarded by the state university construction fund pursuant to this subdivision shall be in accordance with section one hundred thirty-nine-f of the state finance law.

§ 9. On January first of each year, the president of the state university of New York at Stony Brook shall submit a report to the governor, the temporary president of the senate and the speaker of the assembly. Specifically, the report shall address each of the following: the state university of New York at Stony Brook's progress in competing with the top academic research institutions; the impact of the state university of New York at Stony Brook's efforts to increase the well-being of Long Island's economy including the university's efforts to develop new and innovative purchasing and contracting modalities including but not limited to project labor agreements; and the impact of revenue increases and efforts to ensure affordable access to the exceptional education to economically challenged students.