NY Educ L § 375 (2021)
2021 New York Laws EDN - Education Title 1 - General Provisions Article 8-A - State University Construction Fund 375 - Capital Construction Planning.

§ 375. Capital construction planning. 1. Construction standards. On or   before  July  first,  nineteen  hundred  sixty-two, the state university   trustees shall cause to be prepared with the assistance of the fund, the   dormitory authority, the state  department  of  transportation  and  the   division of the budget, proposed standards for all facilities or classes   of  facilities to be constructed, acquired, reconstructed, rehabilitated   or improved for the state university pursuant to contracts  executed  on   or  after  a  date  thirty days subsequent to the effective date of such   standards. The proposed standards may, in the discretion  of  the  state   university trustees, include, among other things, provisions relating to   the  quality  and  type  of  materials  to  be  used in such facilities,   provisions  for  safety,  fire  protection,   health   and   sanitation,   provisions  for  the  installation  of  fixtures  and  equipment in such   facilities and construction features deemed by the state  university  to   be  desirable  for  academic  use  or  for  habitability.  The  proposed   standards shall be reviewed by the state university trustees  and  shall   be  subject  to their approval, disapproval or modification on or before   August first, nineteen hundred sixty-two and in the form approved, shall   be forwarded to the governor for his further  approval,  disapproval  or   modification within thirty days thereafter. The proposed standards shall   be  deemed  adopted,  with  or without modifications as the case may be,   upon (i) written approval by the governor  or  (ii)  the  expiration  of   thirty days after receipt of the proposed standards by the governor from   the  state  university  trustees,  whichever occurs first. The effective   date of such  standards  shall  be  September  first,  nineteen  hundred   sixty-two.  Such  standards,  in the form adopted, shall be filed by the   state university with the secretary of state in the manner  provided  by   section one hundred two of the executive law.Changes in the construction standards so adopted may from time to time   be formulated and proposed, reviewed, approved, disapproved or modified,   adopted and filed in the same manner as the original standards.2. Design. The fund shall prepare, or cause to be prepared, within the   amounts  appropriated  therefor  or  otherwise  available,  the building   plans, the exterior drawings  or  models  displaying  the  architectural   concept  of  the facility, and the detailed plans and specifications for   all  construction,  acquisition,  reconstruction,   rehabilitation   and   improvement  work  to  be  performed  at  state-operated institutions or   statutory or contract colleges  under  the  jurisdiction  of  the  state   university.  The fund may cause the building plans, drawings, models and   detailed plans and specifications for such work to be prepared under the   direction of the letting agency in accordance  with  the  terms  of  any   agreement entered into between the fund and such letting agency pursuant   to section three hundred seventy-six of this chapter.The  detailed  plans  and  specifications  for  any  such  work  to be   performed pursuant to a contract executed on or after a date thirty days   subsequent to the effective date of the construction  standards  adopted   pursuant  to  subdivision  one  of  this  section  shall comply with the   standards in effect at the time the contract is executed.Subject to the terms of any agreement entered into  between  the  fund   and  the letting agency pursuant to section three hundred seventy-six of   this chapter, the fund may  from  time  to  time  modify,  or  authorize   modifications  to,  such  detailed plans and specifications provided (i)   that the plans and specifications as so modified shall comply  with  the   construction  standards,  if any, adopted pursuant to subdivision one of   this section and in effect at the time of  the  modification,  and  (ii)   that  such  modifications  are  made  after  consultation with the state   university,  and  (iii)  that  in  the  event  a  contingency  fund   is   appropriated  to the fund to pay the added costs during the then current    state  fiscal  year  of  all  modifications  made  in  the   course   of   construction,    acquisition,    reconstruction,    rehabilitation   and   improvement of facilities for the state university, no such modification   may  be  made  or authorized in such fiscal year without the approval of   the director of the budget unless the cost thereof shall  be  less  than   five per centum of the total estimated cost of the facility as set forth   in  the  budget  bill  referred  to  in subdivision one of section three   hundred seventy-six of this chapter, but in  no  event  shall  any  such   modification  be  made  or  authorized  in  such fiscal year if the cost   thereof,  plus  the  cost  of  all  modifications  theretofore  made  or   authorized during the same state fiscal year, would exceed the amount of   the contingency fund appropriated for the purpose of such modifications,   and  (iv)  that  in the event a contingency fund is not appropriated for   the purpose of such modifications, no  such  modification  involving  an   estimated  expense  of  ten  thousand  dollars  or more shall be made or   authorized without the prior approval of the director of the budget.3. Municipal regulations. No county, city, town or village shall  have   power  to modify or change the plans or specifications for facilities to   be constructed, acquired, reconstructed, rehabilitated or  improved  for   state  university  purposes,  or  the  construction,  plumbing, heating,   lighting or other mechanical branch of work necessary  to  complete  the   work  in  question,  nor to require that any person, firm or corporation   employed on any such work shall  perform  such  work  in  any  other  or   different  manner  than  that provided by such plans and specifications,   nor to require that any such person,  firm  or  corporation  obtain  any   other  or additional authority or permit from such county, city, town or   village as a condition of doing  such  work,  nor  shall  any  condition   whatever  be  imposed  by  any  such  county,  city,  town or village in   relation to the work being done pursuant to this article, but such  work   shall be under the sole control of the supervising architect or engineer   in  accordance with the drawings, plans, specifications and contracts in   relation thereto; and the doing of any such work for  the  fund  by  any   person,  firm  or  corporation  in  accordance  with  the  terms of such   drawings, plans, specifications or  contracts  shall  not  subject  said   person,  firm  or  corporation  to  any  liability  or penalty, civil or   criminal, other than as may be stated in such contracts or incidental to   the proper enforcement thereof.