Bill Text: NY S09079 | 2023-2024 | General Assembly | Introduced
Bill Title: Authorizes the state university of New York at Stony Brook to lease certain lands for the purpose of developing a facility to support research and development to address the national semiconductor chip shortage and related environmental sustainability issues.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-04-16 - REFERRED TO HIGHER EDUCATION [S09079 Detail]
Download: New_York-2023-S09079-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9079 IN SENATE April 16, 2024 ___________ Introduced by Sen. PALUMBO -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education AN ACT relating to authorizing the state university of New York at Stony Brook to lease certain lands for the purpose of constructing a facili- ty to support research and development to address the national semi- conductor chip shortage and related environmental sustainability issues 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 ("Stony Brook") is in need of 3 additional facilities to support the research and development needs of 4 faculty, staff, students, and the community and seeks to use approxi- 5 mately 8 acres of underutilized land on Stony Brook's Research and 6 Development Park to build a facility to address these research and 7 development needs, which may include supporting services to address the 8 national semiconductor chip shortage and related environmental sustaina- 9 bility issues, fulfilling a necessary and vital public purpose. The 10 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 land is 14 utilized for the benefit of Stony Brook and the surrounding community. 15 § 2. Notwithstanding any other law to the contrary, the State Univer- 16 sity of New York trustees are authorized and empowered, without any 17 public bidding, to lease and otherwise contract to make available to a 18 ground lessee a portion of the lands of the university generally 19 described in this act for the purpose of developing, constructing, main- 20 taining and operating a facility to support the research and development 21 needs of faculty, staff, students, and the community, which may include 22 supporting services to address the national semiconductor chip shortage 23 and related environmental sustainability issues. Such lease or contract 24 shall be for a period not exceeding ninety-nine (99) years without any 25 fee simple conveyance and otherwise upon terms and conditions determined EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15152-01-4S. 9079 2 1 by such trustees, subject to the approval of the director of the divi- 2 sion of the budget, the attorney general and the state comptroller. In 3 the event that the real property that is the subject of such lease or 4 contract shall cease to be used for the purpose described in this act, 5 such lease or contract shall immediately terminate and the real property 6 and any improvements thereon shall revert to the State University of New 7 York. Any lease or contract entered into pursuant to this act shall 8 provide that the real property that is the subject of such lease or 9 contract and any improvements thereon shall revert to the State Univer- 10 sity of New York on the expiration of such contract or lease. The allo- 11 cation of any and all proceeds related to the leases authorized by this 12 act shall be subject to approval by the state university trustees. 13 § 3. Any contract or lease entered into pursuant to this act shall be 14 deemed to be a state contract for purposes of article 15-A of the execu- 15 tive law, and any contractor, subcontractor, lessee or sublessee enter- 16 ing into such contract or lease for the construction, demolition, recon- 17 struction, excavation, rehabilitation, repair, renovation, alteration or 18 improvement authorized pursuant to this act shall be deemed a state 19 agency for the purposes of article 15-A of the executive law and subject 20 to the provisions of such article. 21 § 4. Notwithstanding any general, special or local law or judicial 22 decision to the contrary, all work performed on a project authorized by 23 this act where all or any portion thereof involves a lease or agreement 24 for construction, demolition, reconstruction, excavation, rehabili- 25 tation, repair, renovation, alteration or improvement shall be deemed 26 public work and shall be subject to and performed in accordance with the 27 provisions of article 8 of the labor law to the same extent and in the 28 same manner as a contract of the state, and compliance with all the 29 provisions of article 8 of the labor law shall be required of any 30 lessee, sublessee, contractor or subcontractor on the project, including 31 the enforcement of prevailing wage requirements by the fiscal officer as 32 defined in paragraph e of subdivision 5 of section 220 of the labor law 33 to the same extent as a contract of the state. 34 § 5. Without limiting the determination of the terms and conditions of 35 such contracts or leases, such terms and conditions may provide for 36 leasing, subleasing, construction, reconstruction, rehabilitation, 37 improvement, operation and management of and provision of services and 38 assistance and the granting of licenses, easements and other arrange- 39 ments with regard to such grounds and facilities by the ground lessee, 40 and parties contracting with the ground lessee, and in connection with 41 such activities, the obtaining of funding or financing, whether public 42 or private, unsecured or secured (including, but not limited to, secured 43 by leasehold mortgages and assignments of rents and leases), by the 44 ground lessee and parties contracting with the ground lessee for the 45 purposes of completing the project described in this act. 46 § 6. Such lease shall include an indemnity provision whereby the 47 lessee or sublessee promises to indemnify, hold harmless and defend the 48 lessor against all claims, suits, actions, and liability to all persons 49 on the leased premises, including tenant, tenant's agents, contractors, 50 subcontractors, employees, customers, guests, licensees, invitees and 51 members of the public, for damage to any such person's property, whether 52 real or personal, or for personal injuries arising out of tenant's use 53 or occupation of the demised premises. 54 § 7. Any contracts entered into pursuant to this act between the 55 ground lessee and parties contracting with the ground lessee shall be 56 awarded by a competitive process.S. 9079 3 1 § 8. The property authorized by this act to be leased to the ground 2 lessee is generally described as approximately 8 acres of land situated 3 on Stony Brook's Research and Development Park within the town of Brook- 4 haven, county of Suffolk, state of New York, commencing at a concrete 5 monument found on the southwesterly sideline of Stony Brook road (66 6 feet wide) where the same is intersected by the dividing line of section 7 273, block 1, lot 3 to the north with the northerly line of the subdivi- 8 sion known as "Map of University Heights at Flowerfield, Section No. 6", 9 filed September 27, 1965 as map no. 4479, to the South. the said 10 commencement point having state plane coordinate values of, North 11 268163.304 and East 1224698.785, and running the following two (2) 12 courses to the point of beginning: 13 A) along the said dividing line, South 61 degrees 59 minutes 05 14 seconds West, a distance of 395.30 feet; thence 15 B) along the same, South 51 degrees 07 minutes 47 seconds West, a 16 distance of 584.24 feet to the point of beginning. From the said point 17 of beginning, running; thence 18 1) continuing along the aforementioned dividing line, South 51 degrees 19 07 minutes 47 seconds West, a distance of 406.75 feet; thence crossing 20 into aforementioned lot 1 the following four (4) courses: 21 2) North 38 degrees 52 minutes 13 seconds west, a distance of 1152.33 22 feet to a point on the southeasterly side of development drive, a 23 private roadway of undesignated width; thence 24 3) following the said side of development drive, on a curve to the 25 right having a radius of 3485.50 feet, a central angle of 03 degrees 09 26 minutes 38 seconds and an arc length of 192.27 feet, the chord of which 27 bears North 69 degrees 55 minutes 59 seconds East for a distance of 28 192.25 feet to a point of tangency; thence 29 4) North 71 degrees 30 minutes 49 seconds east, a distance of 46.00 30 feet; thence 31 5) South 48 degrees 28 minutes 00 seconds east, a distance of 1089.59 32 feet to the point and place of beginning. 33 The above-described lease area contains 348,485 square feet or 8.0001 34 acres of land. 35 The above-described preservation area was written in accordance with a 36 map entitled, "Lease area sketch, proposed Veeco lease area, Stony Brook 37 university, part of section 273, block 1, lot 3, town of Brookhaven, 38 county of Suffolk, state of New York" prepared by Gallas Surveying 39 Group, dated March 6, 2024, subject to all existing easements and 40 restrictions of record. 41 § 9. The State University of New York shall not lease lands described 42 in this act unless any such lease shall be executed within 5 years of 43 the effective date of this act. 44 § 10. Insofar as the provisions of this act are inconsistent with the 45 provisions of any law, general, special or local, the provisions of this 46 act shall be controlling. 47 § 11. This act shall take effect immediately.
