The People of the State of New York, represented in Senate and Assembly, do enact 1 
as follows: 2 

�1. Legislative findings. The legislature finds that the state university of New York at 3 
Stony Brook ("University") is in need of additional facilities to fulfill its legislatively mandated 4 
mission of research, education, and provision of health care services. Specifically, additional 5 
medical office space and parking facilities are required to support the provision of health 6 
services by the university faculty professional corporations associated with Stony Brook 7 
University Hospital. Furthermore, such activity will promote the provision of quality health 8 
care services to the surrounding community. 9 

The legislature further finds that granting the trustees of the State University of New 10 
York the authority and power to lease and otherwise contract to make available grounds and 11 
facilities of the campus of the State University of New York at Stony Brook will ensure such 12 
activity will promote the provision of quality health care services to the surrounding 13 
community. 14 

�2. Notwithstanding any other law to the contrary, the state university trustees are 15 
hereby authorized and empowered, without any public bidding, to lease and otherwise 16 
contract to make available to Stony Brook Foundation Realty, Inc. (the �Ground Lessee�) a 17 
portion of the lands of the University not to exceed 4 acres to be located southwest of Stony 18 
Brook University Hospital for the purpose of constructing a medical office building and a 19 
portion of the lands of the University not to exceed 8 acres to be located southeast of Stony 20 
Brook University Hospital for the purpose of constructing parking facilities to support the 21 
provision of quality health care to the surrounding communities and the missions of the State 22 
University of New York. Stony Brook Foundation Realty, Inc. is a not-for-profit corporation 23 


which is wholly owned by Stony Brook Foundation, Inc., a not-for-profit corporation, and both 1 
corporations have as their exclusive purpose the benefit of the State University of New York 2 
at Stony Brook. Such lease or contract shall be for a period not exceeding 45 years without 3 
any fee simple conveyance and otherwise upon terms and conditions determined by such 4 
trustees, subject to the approval of the director of the division of the budget, the attorney 5 
general and the state comptroller. In the event that the real property that is the subject of 6 
such lease or contract shall cease to be used for the purpose described in this act, such 7 
lease or contract shall immediately terminate and the real property and any improvements 8 
thereon shall revert to the State University of New York. Any lease or contract entered into 9 
pursuant to this act shall provide that the real property that is the subject of such lease or 10 
contract and any improvements thereon shall revert to the State University of New York on 11 
the expiration of such contract or lease. 12 

�3. Any contract or lease entered into pursuant to this act shall be deemed to be a 13 
state contract for purposes of article 15-A of the executive law, and any contractor, 14 
subcontractor, lessee or sublessee entering into such contract or lease for the construction, 15 
demolition, reconstruction, excavation, rehabilitation, repair, renovation, alteration or 16 
improvement authorized pursuant to this act shall be deemed a state agency for the 17 
purposes of article 15-A of the executive law and subject to the provisions of such article. 18 

�4. Notwithstanding any general, special or local law or judicial decision to the 19 
contrary, all work performed on a project authorized by this act where all or any portion 20 
thereof involves a lease or agreement for construction, demolition, reconstruction, 21 
excavation, rehabilitation, repair, renovation, alteration or improvement shall be deemed 22 
public work and shall be subject to and performed in accordance with the provisions of 23 
article 8 of the labor law to the same extent and in the same manner as a contract of the 24 


state, and compliance with all the provisions of article 8 of the labor law shall be required of 1 
any lessee, sublessee, contractor or subcontractor on the project. 2 

�5. Notwithstanding any law to the contrary, all rights or benefits, including terms and 3 
conditions of employment, and protection of civil service and collective bargaining status of 4 
all employees of the state university of New York affected by the provisions of this act, shall 5 
be preserved and protected. Employees in any newly created positions within the State 6 
University of New York shall be considered public employees for all purposes of article 7 
fourteen of the civil service law. 8 

�6. Any contract or lease awarded or entered into by the Ground Lessee, and parties 9 
contracting or entering into a lease with the Ground Lessee for construction, reconstruction, 10 
renovation, rehabilitation, improvement or expansion authorized pursuant to this act, for any 11 
single construction project exceeding ten million dollars in the aggregate, for which more 12 
than twenty-five percent of such aggregate amount is to be paid from appropriations 13 
furnished by the state of New York or the state university of New York shall be undertaken 14 
pursuant to a project labor agreement, as defined in subdivision 1 or section two hundred 15 
twenty-two of the labor law, provided that a study done by or for the contracting entity 16 
determines that a project labor agreement will benefit such construction, reconstruction, 17 
renovation, rehabilitation, improvement or expansion through reduced risk of delay, potential 18 
cost savings or potential reduction in the risk of labor unrest in light of any pertinent local 19 
history thereof. For purposes of applying the dollar thresholds set forth in this section, the 20 
term �single construction project� shall mean any construction, reconstruction, renovation, 21 
rehabilitation, improvement or expansion activity associated with one or more buildings, 22 
structures or improvements, including all directly related infrastructure and site work in 23 
contemplation thereof, that are functionally interdependent. 24 


�7. Without limiting the determination of the terms and conditions of such contracts or 1 
leases, such terms and conditions may provide for leasing, subleasing, construction, 2 
reconstruction, rehabilitation, improvement, operation and management of and provision of 3 
services and assistance and the granting of licenses, easements and other arrangements 4 
with regard to such grounds and facilities by the Ground Lessee, and parties contracting with 5 
the Ground Lessee, and, in connection with such activities, the obtaining of funding or 6 
financing, whether public or private, unsecured or secured (including, but not limited to, 7 
secured by leasehold mortgages and assignments of rents and leases), by the Ground 8 
Lessee and parties contracting with the Ground Lessee for the purposes of completing the 9 
project described in this act. 10 

�8. Such lease shall include an indemnity provision whereby the lessee or sublessee 11 
promises to indemnify, hold harmless and defend the lessor against all claims, suits, actions, 12 
and liability to all persons on the leased premises, including tenant, tenant�s agents, 13 
contractors, subcontractors, employees, customers, guests, licensees, invitees and 14 
members of the public, for damage to any such person�s property, whether real or personal, 15 
or for personal injuries arising out of tenant�s use or occupation of the demised premises. 16 

�9. Any contracts entered into pursuant to this act between the Ground Lessee and 17 
parties contracting with the Ground Lessee shall be awarded by a competitive process. 18 

�10. The State University of New York shall not lease lands described in this act 19 
unless any such lease shall be executed within three years of the effective date of this act. 20 

�11. Insofar as the provisions of this act are inconsistent with the provisions of any 21 
law, general, special or local, the provisions of this act shall be controlling. 22 

�12. This act shall take effect immediately. 23 

 24