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.
                                                                   LBD15336-01-8

        S. 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.