Bill Text: NY S08187 | 2017-2018 | General Assembly | Introduced
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Bill Title: Authorizes the state university of New York to enter into a lease and otherwise contract to make grounds available and facilities of the state university of New York at Stony Brook to the Ronald McDonald House of Long Island, Inc., a not-for-profit corporation, to ensure quality pediatric health care services to the surrounding community; makes related provisions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-12-28 - SIGNED CHAP.498 [S08187 Detail]
Download: New_York-2017-S08187-Introduced.html
Bill Title: Authorizes the state university of New York to enter into a lease and otherwise contract to make grounds available and facilities of the state university of New York at Stony Brook to the Ronald McDonald House of Long Island, Inc., a not-for-profit corporation, to ensure quality pediatric health care services to the surrounding community; makes related provisions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-12-28 - SIGNED CHAP.498 [S08187 Detail]
Download: New_York-2017-S08187-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8187 IN SENATE April 16, 2018 ___________ Introduced by Sen. FLANAGAN -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education AN ACT in relation to authorizing the state university trustees to lease certain lands of Stony Brook University to Ronald McDonald House of Long Island, Inc. The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative findings. The legislature finds that the state 2 university of New York at Stony Brook ("University") is in need of addi- 3 tional facilities to fulfill its legislatively mandated mission of 4 research, education, and provision of health care services. Specif- 5 ically, Ronald McDonald House of Long Island, Inc. has offered to 6 construct, maintain and operate a "Ronald McDonald House" to support the 7 operations of Stony Brook University Hospital's Children's Hospital. 8 Furthermore, such activity will promote the provision of quality pedia- 9 tric health care services to the surrounding community. 10 The legislature further finds that granting the trustees of the State 11 University of New York the authority and power to lease and otherwise 12 contract to make available grounds and facilities of the campus of the 13 State University of New York at Stony Brook will ensure such activity 14 will promote the provision of quality pediatric health care services to 15 the surrounding community. 16 § 2. Notwithstanding any other law to the contrary, the state univer- 17 sity trustees are hereby authorized and empowered, without any public 18 bidding, to lease and otherwise contract to make available to Ronald 19 McDonald House of Long Island, Inc. (the "Ground Lessee") a portion of 20 the lands of the University not to exceed 2 acres to be located south- 21 east of Stony Brook University Hospital for the purpose of constructing, 22 maintaining and operating a Ronald McDonald House to support the 23 provision of quality pediatric health care to the surrounding communi- 24 ties and the missions of the State University of New York. Such lease 25 or contract shall be for a period not exceeding 50 years without any fee 26 simple conveyance and otherwise upon terms and conditions determined by 27 such trustees, subject to the approval of the director of the division EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15336-01-8S. 8187 2 1 of the budget, the attorney general and the state comptroller. In the 2 event that the real property that is the subject of such lease or 3 contract shall cease to be used for the purpose described in this act, 4 such lease or contract shall immediately terminate and the real property 5 and any improvements thereon shall revert to the State University of New 6 York. Any lease or contract entered into pursuant to this act shall 7 provide that the real property that is the subject of such lease or 8 contract and any improvements thereon shall revert to the State Univer- 9 sity of New York on the expiration of such contract or lease. 10 § 3. Any contract or lease entered into pursuant to this act shall be 11 deemed to be a state contract for purposes of article 15-A of the execu- 12 tive law, and any contractor, subcontractor, lessee or sublessee enter- 13 ing into such contract or lease for the construction, demolition, recon- 14 struction, excavation, rehabilitation, repair, renovation, alteration or 15 improvement authorized pursuant to this act shall be deemed a state 16 agency for the purposes of article 15-A of the executive law and subject 17 to the provisions of such article. 18 § 4. Notwithstanding any general, special or local law or judicial 19 decision to the contrary, all work performed on a project authorized by 20 this act where all or any portion thereof involves a lease or agreement 21 for construction, demolition, reconstruction, excavation, rehabili- 22 tation, repair, renovation, alteration or improvement shall be deemed 23 public work and shall be subject to and performed in accordance with the 24 provisions of article 8 of the labor law to the same extent and in the 25 same manner as a contract of the state, and compliance with all the 26 provisions of article 8 of the labor law shall be required of any 27 lessee, sublessee, contractor or subcontractor on the project, including 28 the enforcement of prevailing wage requirements by the fiscal officer as 29 defined in paragraph e of subdivision 5 of section 220 of the labor law 30 to the same extent as a contract of the state. 31 § 5. Notwithstanding any law to the contrary, all rights or benefits, 32 including terms and conditions of employment, and protection of civil 33 service and collective bargaining status of all employees of the State 34 University of New York affected by the provisions of this act, shall be 35 preserved and protected. Employees in any newly created positions within 36 the State University of New York shall be considered public employees 37 for all purposes of article 14 of the civil service law. 38 § 6. Any contract or lease awarded or entered into by the Ground 39 Lessee, and parties contracting or entering into a lease with the Ground 40 Lessee for construction, reconstruction, renovation, rehabilitation, 41 improvement or expansion authorized pursuant to this act, for any single 42 construction project exceeding 10 million dollars in the aggregate, for 43 which more than 25% of such aggregate amount is to be paid from appro- 44 priations furnished by the State of New York or the State University of 45 New York shall be undertaken pursuant to a project labor agreement, as 46 defined in subdivision 1 of section 222 of the labor law, provided that 47 a study done by or for the contracting entity determines that a project 48 labor agreement will benefit such construction, reconstruction, reno- 49 vation, rehabilitation, improvement or expansion through reduced risk of 50 delay, potential cost savings or potential reduction in the risk of 51 labor unrest in light of any pertinent local history thereof. For 52 purposes of applying the dollar thresholds set forth in this section, 53 the term "single construction project" shall mean any construction, 54 reconstruction, renovation, rehabilitation, improvement or expansion 55 activity associated with one or more buildings, structures or improve-S. 8187 3 1 ments, including all directly related infrastructure and site work in 2 contemplation thereof, that are functionally interdependent. 3 § 7. Without limiting the determination of the terms and conditions of 4 such contracts or leases, such terms and conditions may provide for 5 leasing, subleasing, construction, reconstruction, rehabilitation, 6 improvement, operation and management of and provision of services and 7 assistance and the granting of licenses, easements and other arrange- 8 ments with regard to such grounds and facilities by the Ground Lessee, 9 and parties contracting with the Ground Lessee, and, in connection with 10 such activities, the obtaining of funding or financing, whether public 11 or private, unsecured or secured (including, but not limited to, secured 12 by leasehold mortgages and assignments of rents and leases), by the 13 Ground Lessee and parties contracting with the Ground Lessee for the 14 purposes of completing the project described in this act. 15 § 8. Such lease shall include an indemnity provision whereby the 16 lessee or sublessee promises to indemnify, hold harmless and defend the 17 lessor against all claims, suits, actions, and liability to all persons 18 on the leased premises, including tenant, tenant's agents, contractors, 19 subcontractors, employees, customers, guests, licensees, invitees and 20 members of the public, for damage to any such person's property, whether 21 real or personal, or for personal injuries arising out of tenant's use 22 or occupation of the demised premises. 23 § 9. Any contracts entered into pursuant to this act between the 24 Ground Lessee and parties contracting with the Ground Lessee shall be 25 awarded by a competitive process. 26 § 10. The State University of New York shall not lease lands described 27 in this act unless any such lease shall be executed within five years of 28 the effective date of this act. 29 § 11. Insofar as the provisions of this act are inconsistent with the 30 provisions of any law, general, special or local, the provisions of this 31 act shall be controlling. 32 § 12. This act shall take effect immediately.