NY Educ L § 372-A (2021)
2021 New York Laws EDN - Education Title 1 - General Provisions Article 8-A - State University Construction Fund 372-A - University-Related Economic Development Facilities.

§   372-a.  University-related  economic  development  facilities.  1.   Notwithstanding subdivisions one through six and eight  through  ten  of   section  three  hundred  seventy-six  of this article, the provisions of   this section shall apply to the  fund  when  it  acts  pursuant  to  the   authorization  under this section. Pursuant to the authorization in this   section and approval by the trustees of the  university,  the  fund  may   acquire,  design,  construct, reconstruct, rehabilitate, improve, lease,   manage   and/or   operate   university-related   economic    development   facilities.  University-related economic development facilities, as used   in this chapter, shall mean facilities  for  research,  development  and   commercial  enterprises  dealing  in products and/or services related to   the mission or academic specialties of the campus associated  with  such   facilities,  or  dealing  in  support  products  or  services  for  such   enterprises which will have a significant economic  benefit.  Consistent   with such authorization, the state university trustees are authorized to   enter  into  contracts  or leases for lands and facilities authorized in   subdivision two of this section. Such leases or contracts shall  be  for   the  development,  construction, and operation of such facilities by the   fund. Construction, acquisition, rehabilitation, improvement, facilities   operation management, mortgaging  with  any  private  lender  (including   other  security  or financing arrangements incidental or related thereto   or customary in connection therewith, leasehold mortgaging or assignment   of rents) leasing, subleasing of, providing services  for  or  otherwise   assisting  or  granting  of easements, licenses or other arrangements in   regard to such facilities and underlying land may be provided from  time   to  time without public bidding or sale by such contracts or leases (and   replacements, modifications, substitutions  and  renewals  thereof)  and   upon such terms as the trustees may approve provided, however, that:a.  No  contract  or  lease  for real property shall provide for a fee   simple conveyance, or be for a period of greater than thirty years; each   such contract or lease shall be approved by the attorney general, as  to   form, the director of the budget and the comptroller of the state of New   York;b.  In  the event the real property which is the subject of such lease   or contract shall cease to be used for the purposes authorized  by  this   section  and  at  the expiration of such contract or lease in any event,   such property and the improvements thereon shall  revert  to  the  state   university  of  New  York,  and any such lease or contract shall be made   subject to such conditions, and provide for such reverter;c. The authorization of any facilities or  projects  in  this  section   shall  expire and be of no further force and effect, unless the approval   of the trustees of the university  occurs  within  three  years  of  the   effective date thereof;d.  Any  contracts or leases entered into by the trustees of the state   university of New York pursuant to this section shall require the lessee   or  contracting  not-for-profit   corporation   to   comply   with   the   requirements  of article fifteen-A of the executive law. Any contract or   lease for construction, rehabilitation, or other improvement  authorized   by this section entered into by the trustees shall require the lessee or   contractor  and/or  subcontractor  to  comply  with  the requirements of   section two hundred twenty, two hundred thirty, two hundred  thirty-one,   two  hundred  forty  and  two  hundred forty-one of the labor law, where   applicable, as well as sections one hundred one and one hundred three of   the general municipal law, where applicable;e. The benefits to the region, state, and university community by  the   establishment  of  a high technology facility at the state university of   New York shall be realized with no negative impact upon  the  employment   status   of  state  university  of  New  York  employees  or  collective    bargaining units that represent  such  employees  as  a  result  of  any   contract or lease authorized by this section;f.  Any  agreement, contract or lease authorized by this section shall   include an indemnity provision whereby the lessee or sublessee  promises   to  indemnify,  hold  harmless,  and  defend  lessor against all claims,   suits, actions, and liability, to all persons on  the  leased  premises,   including   tenants,   tenants'   agents,  contractors,  subcontractors,   employees, customers, guests, licensees, invitees, and  members  of  the   public,  for  damage  to  any  such  person's  property, whether real or   personal, or for personal  injuries  arising  out  of  tenants'  use  or   occupation of the demises premises;g.  Any  such  lease, contract or agreement authorized by this section   must clearly define  the  purpose  for  which  the  land  will  be  used   consistent  with the mission of the state university of New York and the   mission of the campus involved in such lease, contract or agreement; andh. The fund shall report annually to the state university of New York,   the governor, the speaker of the assembly and the temporary president of   the senate, on each of the facilities and projects  authorized  by  this   section.2. Subsequent to the approval of the trustees of the state university,   the  following  facilities  are specifically and expressly authorized by   law and to the terms and conditions set forth herein:a. Pharmaceutical technology/manufacturing building and an  affiliated   academic   incubator   at  state  university  of  New  York  college  at   Farmingdale. The state university of New York is authorized to establish   an account  to  receive  payments  from  leases  of  the  pharmaceutical   technology/manufacturing  building.  Any  payments  deposited  into this   account may be transferred to the fund for payments related  to  design,   construction,  reconstruction,  rehabilitation  or  improvement  of  the   affiliated academic incubator authorized in this paragraph.