S T A T E O F N E W Y O R K
________________________________________________________________________
9313
I N S E N A T E
February 27, 2026
___________
Introduced by Sen. MAY -- read twice and ordered printed, and when
printed to be committed to the Committee on Higher Education
AN ACT in relation to authorizing the lease of certain lands at SUNY
college of environmental science and forestry for the purpose of
building undergraduate and graduate student housing
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings. The legislature finds that the state
university of New York College of Environmental Science and Forestry
("ESF") is one of the nation's premier colleges focused on the study of
the environment, developing renewable technologies, and building a
sustainable future. Located in downtown Syracuse, right across from
Syracuse University, ESF is on a mission to educate future environmental
leaders, particularly at a time when New York state is working to meet
its statewide climate goals and transition into a clean energy economy.
The legislature further finds that ESF seeks to use approximately 1.6
acres of underutilized land on its campus to build multi-purpose facili-
ties to support housing needs and supporting amenities for the college's
undergraduate and graduate students. In the past five years, ESF's
enrollment has increased by 4.7%, ranking fourth in state university of
New York's campuses seeing enrollment growth. Currently, ESF requires
freshmen to live on campus and has one residence hall, which can accom-
modate 549 students. As a result, most transfer students, upper class
students, and graduate students live off-campus at private facilities.
ESF believes additional housing will help to attract a diverse student
population and continue to meet the demands of its growing enrollment.
The legislature further finds that granting the trustees of the state
university of New York the authority and power to lease and otherwise
contract to make available grounds and facilities on ESF's campus will
ensure land is utilized for the benefit of ESF and the surrounding
community.
§ 2. Notwithstanding any other law to the contrary, the state univer-
sity trustees are hereby authorized and empowered, without any public
bidding, to lease and otherwise contract to make available to the Abby
Lane Housing Corporation, a not-for-profit corporation (the "ground
lessee"), a portion of the lands of the university, generally described
in this act for the purpose of building undergraduate and graduate
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14890-05-6
S. 9313 2
student housing. Such lease or contract shall be for a period not
exceeding 100 years without any fee simple conveyance and otherwise upon
terms and conditions determined by such trustees, subject to the
approval of the director of the division of the budget, the attorney
general and the state comptroller. In the event that the real property
that is the subject of such lease or contract shall cease to be used for
the purpose described in this act, such lease or contract shall imme-
diately terminate, and the real property and any improvements thereon
shall revert to the state university of New York. Any lease or contract
entered into pursuant to this act shall provide that the real property
that is the subject of such lease or contract and any improvements ther-
eon shall revert to the state university of New York on the expiration
of such contract or lease.
§ 3. Any contract or lease entered into pursuant to this act shall be
deemed to be a state contract for purposes of article 15-A of the execu-
tive law, and any contractor, subcontractor, lessee or sublessee enter-
ing into such contract or lease for the construction, demolition, recon-
struction, excavation, rehabilitation, repair, renovation, alteration or
improvement authorized pursuant to this act shall be deemed a state
agency for the purposes of article 15-A of the executive law and subject
to the provisions of such article.
§ 4. Notwithstanding any general, special or local law or judicial
decision to the contrary, all work performed on a project authorized by
this act where all or any portion thereof involves a lease or agreement
for construction, demolition, reconstruction, excavation, rehabili-
tation, repair, renovation, alteration or improvement shall be deemed
public work and shall be subject to and performed in accordance with the
provisions of article 8 of the labor law to the same extent and in the
same manner as a contract of the state, and compliance with all the
provisions of article 8 of the labor law shall be required of any
lessee, sublessee, contractor or subcontractor on the project, including
the enforcement of prevailing wage requirements by the fiscal officer as
defined in paragraph e of subdivision 5 of section 220 of the labor law
to the same extent as a contract of the state.
§ 5. Notwithstanding any law, rule or regulation to the contrary, the
state university of New York shall not contract out to the ground lessee
or any subsidiary for the instruction or any pedagogical functions or
services, or any administrative services, and similar professional
services currently being performed by state employees. All such func-
tions and services shall be performed by state employees pursuant to the
civil service law. Nothing in this act shall result in the displacement
of any currently employed state worker or the loss of position (includ-
ing partial displacement such as reduction in the hours of non-overtime,
wages or employment benefits), or result in the impairment of existing
contracts for services or collective bargaining rights pursuant to
existing agreements as provided under article 14 of the civil service
law. All positions currently at the state university of New York in the
unclassified service shall remain in the unclassified service. No
services or work on the property described in this act currently
performed by public employees at the time of the effective date of this
act, or that is similar in scope and nature to the work being currently
performed by public employees at the time of the effective date of this
act, shall be contracted out or privatized by the state university of
New York. The state university of New York acknowledges its obligations
as an employer under the civil service law and agrees that it will not
S. 9313 3
exercise its right to contract out for goods and services under any
applicable collective bargaining agreement.
§ 6. 1. The provisions of this section shall only apply to employees
in the unclassified service at the state university of New York.
2. Notwithstanding any law, rule or regulation to the contrary, the
state university of New York or an affiliated or associated entity of
the state university of New York shall not contract out to the ground
lessee or any subsidiary of the ground lessee or the research foundation
for the state university of New York for any services or privatize any
services currently being performed by employees in the unclassified
service at the state university of New York college of environmental
science and forestry. All such functions and services currently
performed by employees in unclassified service shall be performed by
employees in the unclassified service.
3. Nothing in this act relating to the lease of property to private
entities for the development, construction, or operation of facilities
shall be deemed to waive or impair any rights or benefits of employees
of the state university of New York that otherwise would be available to
them pursuant to the terms of agreements between the certified represen-
tatives of such employees and the state of New York or provisions of
article 14 of the civil service law. The state university of New York
and the state of New York acknowledge their obligations as an employer
and agree that they will not exercise their right to contract out for
services under any applicable collective bargaining agreement.
§ 7. For the purposes of this act:
(a) "project" shall mean work at the property authorized by this act
to be leased to the ground lessee as described in section thirteen of
this act that involves the design, construction, reconstruction, demoli-
tion, excavating, rehabilitation, repair, renovation, alteration or
improvement of such property.
(b) "project labor agreement" shall mean a pre-hire collective
bargaining agreement between a contractor and a labor organization,
establishing the labor organization as the collective bargaining repre-
sentative for all persons who will perform work on the project, and
which provides that only contractors and subcontractors who sign a pre-
negotiated agreement with the labor organization can perform project
work.
§ 8. Nothing in this act shall be deemed to waive or impair any rights
or benefits of employees of the state university of New York that other-
wise would be available to them pursuant to the terms of agreements
between the certified representatives of such employees and the state of
New York pursuant to article 14 of the civil service law, and all work
performed on such property that ordinarily would be performed by employ-
ees subject to article 14 of the civil service law shall continue to be
performed by such employees.
§ 9. Notwithstanding the provisions of any general, special, or local
law or judicial decision to the contrary, the ground lessee shall
require the use of a project labor agreement, as defined in subdivision
1 of section 222 of the labor law, for all contractors and subcontrac-
tors on the project, consistent with paragraph (a) of subdivision 2 of
section 222 of the labor law.
§ 10. Without limiting the determination of the terms and conditions
of such contracts or leases, such terms and conditions may provide for
leasing, subleasing, construction, reconstruction, rehabilitation,
improvement, operation and management of and provision of services and
assistance and the granting of licenses, easements and other arrange-
S. 9313 4
ments with regard to such grounds and facilities by the ground lessee,
and parties contracting with the ground lessee, and in connection with
such activities, the obtaining of funding or financing, whether public
or private, unsecured or secured, including, but not limited to, secured
by leasehold mortgages and assignments of rents and leases, by the
ground lessee and parties contracting with the ground lessee for the
purposes of completing the project described in this act.
§ 11. Such lease shall include an indemnity provision whereby the
lessee or sublessee promises to indemnify, hold harmless and defend the
lessor against all claims, suits, actions, and liability to all persons
on the leased premises, including tenant, tenant's 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 tenant's use
or occupation of the demised premises.
§ 12. Any contracts entered into pursuant to this act between the
ground lessee and parties contracting with the ground lessee shall be
awarded by a competitive process.
§ 13. The property authorized by this act to be leased to the ground
lessee is generally described as that parcel of real property with
improvements thereon consisting of a total of approximately 1.624 acres
of land situated on the campus of the state university of New York
college of environmental science and forestry. The description in this
section of the parcel to be made available pursuant to this act is not
meant to be a legal description, but is intended only to identify the
parcel:
All that piece or parcel of land situate in the City of Syracuse,
County of Onondaga, State of New York, being lots 1-10 of Block 605
(part of Farm Lot 185) bounded and described as follows:
BEGINNING at a point in the southerly street boundary of the existing
East Raynor Avenue (66' ROW) at its intersection with the westerly
street boundary of the existing Stadium Place (66' ROW); thence
1) Southerly along the westerly street boundary of the existing Stadi-
um Place (66' ROW) on a bearing of South 03°44'57" East a distance of
268.00 feet to a point in the northerly street boundary of the existing
Standart Street (66'ROW); thence
2) Westerly along the northerly street boundary of the existing Stan-
dart Street (66' ROW) on a bearing of South 86°21'13" West a distance of
264.00 feet to a point in the easterly street boundary of the existing
Henry Street (66'ROW); thence
3) Northerly along the easterly street boundary of the existing Henry
Street (66' ROW) on a bearing of North 03°45'17" West a distance of
268.00 feet to a point in the southerly street boundary of the existing
East Raynor Avenue (66'ROW); thence
4) Easterly along the southerly street boundary of the existing East
Raynor Avenue (66' ROW) on a bearing of North 86°21'13" East a distance
of 264.03 feet to the point of beginning, being 1.624 acres, more or
less. Subject to all existing easements and restrictions of record.
§ 14. The state university of New York shall not lease lands described
in this act unless any such lease shall be executed within 5 years of
the effective date of this act.
§ 15. Insofar as the provisions of this act are inconsistent with the
provisions of any law, general, special or local, the provisions of this
act shall be controlling.
§ 16. This act shall take effect immediately.
