2023 New York Laws › COM - Economic Development Law › Article 21 - Start-Up Ny Program › 432 - Eligibility Criteria for Universities and Colleges.

§  432.  Eligibility  criteria for universities and colleges. 1. State
university campuses, community colleges and  city  university  campuses.
(a) Subject to the limitations in paragraph (c) of this subdivision, the
following  will  constitute  the  eligible  land  of  a state university
campus, community college, or city university campus:
(i) any vacant space in any building located on a campus  of  a  state
university campus, community college or city university campus;
(ii)  any  vacant  land  on  a  campus  of  a state university campus,
community college or city university campus;
(iii) for a state university campus or community college, a  total  of
two hundred thousand square feet of vacant land or vacant building space
that,  except  as  provided  under paragraph (b) of this subdivision, is
located within one mile of a campus of the state  university  campus  or
community  college; provided that this subparagraph shall not apply to a
state university campus or community college located in  Nassau  county,
Suffolk county or Westchester county; and
(iv)  a  New  York  state incubator as the term is used in subdivision
four of section four hundred thirty-three of this article  with  a  bona
fide  affiliation  to  the state university campus, community college or
city university campus, with approval of the commissioner. In order  for
there to be a bona fide affiliation of a New York state incubator with a
state  university  campus,  community college or city university campus,
the incubator and the state university campus, community college or city
university campus must have a  partnership  to  provide  assistance  and
physical  space  to  eligible businesses, as the term is used in section
sixteen-v of the urban development corporation act;  the  incubator  and
the state university campus, community college or city university campus
must  directly  work  towards  the  goals  of  jointly creating jobs and
incubating new startup businesses; and the mission and activities of the
incubator must align with or further the academic mission of  the  state
university campus, community college or city university campus.
(b)  A  state  university  campus or community college which qualifies
under subparagraph (iii) of paragraph (a) of this subdivision may  apply
to  the  commissioner for a determination that identified vacant land or
identified vacant space in a building that is located more than one mile
from its campus, and is not located in Nassau  county,  Suffolk  county,
Westchester  county  or  New York city, is eligible land for purposes of
this program. The  commissioner  shall  give  consideration  to  factors
including  rural,  suburban  and urban geographic considerations and may
qualify the identified land or space in a building as eligible  land  if
the  commissioner,  in  consultation  with  the chancellor or his or her
designee, determines that  the  state  university  campus  or  community
college  has  shown that the use of the land or space will be consistent
with the requirements of this program and  the  plan  submitted  by  the
state  university  campus  or community college pursuant to section four
hundred thirty-five of this article. In addition, two  hundred  thousand
square  feet  of vacant land or vacant building space affiliated with or
in partnership with  Maritime  College  shall  be  eligible  under  this
paragraph.  The  aggregate  amount of qualified land or space under this
paragraph and subparagraph (iii) of paragraph (a)  of  this  subdivision
may  not  exceed two hundred thousand square feet for a state university
campus or community college.
(c) The provisions of paragraphs (a) and (b) of this subdivision shall
apply only to:
(i) a state university campus other than the following: (A) any empire
state college campus except for  the  empire  state  college  campus  in
Saratoga  Springs,  (B) any property of downstate medical center located
in Nassau county, Suffolk county, Westchester county or  New  York  city

except  for  property  affiliated  with  downstate  medical  center that
constitutes  a  New  York  state  incubator  as  the  term  is  used  in
subdivision  four  of section four hundred thirty-three of this article,
and  (C)  any  property  of the college of optometry or maritime college
located in Nassau county, Suffolk county, Westchester county or New York
city.
(ii) a community college, except that for a  community  college  whose
main  campus  is  in  New  York  city,  paragraphs  (a)  and (b) of this
subdivision shall not apply to property of  such  community  college  in
Nassau county, Suffolk county, Westchester county or New York city.
(iii)  a  total  of  five  city  university  campuses, one each in the
boroughs of Manhattan, Brooklyn, Bronx, Queens and Staten Island,  which
will  be  designated  by the board of trustees of the city university of
New York.  The campus designated in each borough must be located  in  an
economically  distressed  community.  The commissioner shall establish a
list of economically distressed communities  for  the  purpose  of  this
designation,   based   on  criteria  indicative  of  economic  distress,
including poverty rates, numbers of persons receiving public assistance,
unemployment rates, and such other indicators as the commissioner  deems
appropriate   to  be  in  need  of  economic  assistance.  In  addition,
paragraphs (a) and (b) of this subdivision shall apply  to  property  of
the  city  university  located outside of Nassau county, Suffolk county,
Westchester county and New York city.
(d) The eligible land of a state university campus, community college,
or city university campus will also  include  eligible  land  designated
under paragraph (c) of subdivision two of this section.
2.  Private  colleges and universities and certain other campuses. (a)
Subject to the limitations in paragraph (c)  of  this  subdivision,  the
following  will  constitute  the  eligible  land of a private college or
university:
(i) any vacant space in any building located on a campus of a  private
university  or  college  other  than a campus which is located in Nassau
county, Suffolk county, Westchester county or New York city;
(ii) any vacant land on a campus of a private  university  or  college
other  than  a campus which is located in Nassau county, Suffolk county,
Westchester county or New York city;
(iii) any vacant land or vacant space  in  a  building  which  is  not
located in Nassau county, Suffolk county, Westchester county or New York
city; and
(iv)  a  New  York  state incubator as the term is used in subdivision
four of section four hundred thirty-three of this article  with  a  bona
fide  affiliation to the private university or college, with approval of
the commissioner. In order for there to be a bona fide affiliation of  a
New  York  state  incubator  with  a  private university or college, the
incubator and the private university or college must have a  partnership
to  provide  assistance and physical space to eligible businesses as the
term is used in section sixteen-v of the urban  development  corporation
act;  the  incubator and the private university or college must directly
work towards the goals of  jointly  creating  jobs  and  incubating  new
startup businesses; and the mission and activities of the incubator must
align  with or further the academic mission of the private university or
college.
(b) Subject to the limitations in paragraph (c) of  this  subdivision,
three million square feet is the maximum aggregate amount of tax-free NY
areas of private universities and colleges that may be utilized for this
program,  which  shall  be  designated in a manner that ensures regional
balance and balance among eligible rural, urban and  suburban  areas  in
the  state.  The commissioner shall maintain an accounting of the vacant

land and space of private  universities  and  colleges  that  have  been
approved  as tax-free NY areas and shall stop accepting applications for
approval of tax-free NY areas when that maximum amount has been reached.
(c)  Of  the  maximum  aggregate  amount  in  paragraph  (b)  of  this
subdivision, an initial amount  of  seventy-five  thousand  square  feet
shall  be  designated  as  tax-free  NY  areas in each of the following:
Nassau county, Suffolk county, Westchester county and  the  boroughs  of
Brooklyn,  Bronx,  Manhattan,  Queens  and  Staten Island. The board may
approve the designation of up to  an  additional  seventy-five  thousand
square  feet  for  any  county  or  borough  that  reaches  the  initial
seventy-five thousand square foot limit, provided that  such  additional
seventy-five  thousand  square  feet  shall not count against the square
footage limitations in paragraph (b) of this  subdivision.  Vacant  land
and  vacant  space in a building on the campus of the following shall be
eligible for designation under this paragraph:
(i) a private university or college which campus is located in  Nassau
county, Suffolk county, Westchester county or New York city.
(ii)  a  state university campus that meets the criteria of clause (B)
or (C) of subparagraph (i) of paragraph (c) of subdivision one  of  this
section.
(iii) a community college whose main campus is in New York city.
(iv)   a   city   university  campus  that  is  not  designated  under
subparagraph (iii) of paragraph (c) of subdivision one of this section.
(d) In addition, the board  may  approve:  (i)  one  application  that
includes  eligible land owned or leased by a city university campus that
is directly adjacent to such campus; (ii) one application that  includes
eligible  land  owned  or leased by a state university campus, community
college, or private university or college in Nassau  county  or  Suffolk
county  that is directly adjacent to such campus, university or college;
and (iii) one application that includes eligible land owned or leased by
a state university campus, community college, or private  university  or
college  in Westchester county that is directly adjacent to such campus,
university or college. The board may approve an additional  application,
for  a state university campus, community college, or private university
or college in the county not previously approved under subparagraph (ii)
of this paragraph,  in  which  case  it  shall  also  approve  a  second
application under subparagraph (i) of this paragraph.
3.  Prohibition.  A state university campus, community college or city
university campus is  prohibited  from  relocating  or  eliminating  any
academic   programs,   any  administrative  programs,  offices,  housing
facilities,  dining  facilities,  athletic  facilities,  or  any   other
facility,  space  or  program  that actively serves students, faculty or
staff in order to create vacant land or space to  be  utilized  for  the
program authorized by this article. In addition, nothing in this article
shall  be  deemed to waive or impair any rights or benefits of employees
of the state university of New York, a community  college  or  the  city
university  of  New  York  that  otherwise  would  be  available to them
pursuant  to   the   terms   of   agreements   between   the   certified
representatives  of  such  employees  and  their  employers  pursuant to
article fourteen of the civil service law. No services or work currently
performed by public employees of the state university  of  New  York,  a
community  college,  or  the  city university of New York or future work
that is similar  in  scope  and  nature  to  the  work  being  currently
performed  by  public employees shall be contracted out or privatized by
the state university of New  York,  a  community  college  or  the  city
university  of  New York or by an affiliated entity or associated entity
of the state university of New York, a community  college  or  the  city
university  of  New York. For the purpose of this section, an affiliated

entity or associated  entity  shall  not  include  a  business  that  is
participating in the START-UP NY program.