2021 New York Laws
EDN - Education
Title 1 - General Provisions
Article 8 - State University and State Financial Assistance for Higher Education
355 - Powers and Duties of Trustees--Administrative and Fiscal Functions.

§  355.  Powers  and  duties  of  trustees--administrative  and fiscal
functions. 1. Subject to the provisions of the plan or general  revision
thereof  proposed  by  the  state university trustees as approved by the
regents pursuant to section two hundred thirty-seven  of  this  chapter,
the state university trustees shall be responsible for:
  a.  The  over-all central administration, supervision and coordination
of  state-operated  institutions  and  the   general   supervision   and
coordination  of  the  statutory  or  contract  colleges  in  the  state
university.
  b.  The  supervision  and  coordination  of  state-aided  programs  in
institutions  providing  higher  education pursuant to the provisions of
section three hundred fifty-eight hereof.
  c. The approval of the establishment of community  colleges  and  four
year  colleges  authorized  by  article  one  hundred twenty-six of this
chapter, in conformance with the master plan; the provision of standards
and  regulations  covering  the  organization  and  operation  of  their
programs, courses and curricula, financing arrangements, state financial
assistance,  tuition  charges and fees, and such other matters as may be
involved in the operation of such colleges.
  d. The establishment of health and medical centers, four year  liberal
arts  colleges,  professional and graduate schools, research centers and
other facilities, as provided in this article.
  e. The approval of the appointment of the head of  each  statutory  or
contract  college  and  community  college  by  the respective boards of
trustees or other governing bodies of such institutions.
  f.  The  promotion  of  and   participation   in   inter-institutional
arrangements   among  independent  and  public  institutions  of  higher
education  and  health  care  facilities   and   providers   and   other
health-related  organizations  on  a  geographical  or  topical basis to
encourage responsible and cost effective use of facilities and  academic
and  health  care  resources  for  the  enhancement  and  enrichment  of
educational experiences and opportunities  and  promoting  high  quality
health  care  services  in support of the state university's educational
mission.
  2. The state university trustees are further authorized and empowered,
subject to the provisions of  the  plan  or  general  revisions  thereof
proposed  by  the  state  university trustees as approved by the regents
pursuant to section two hundred thirty-seven of this chapter:
  * a. To take, hold and administer on behalf of the state university or
any institution therein, real and  personal  property  or  any  interest
therein  and  the  income  thereof either absolutely or in trust for any
educational or other  purpose  within  the  jurisdiction  and  corporate
purposes  of the state university. The trustees may acquire property for
such purposes by purchase, appropriation or lease and by the  acceptance
of  gifts, grants, bequests and devises, and, within appropriations made
therefor, may equip and furnish buildings and otherwise improve property
owned, used or occupied by  the  state  university  or  any  institution
therein.  The  trustees  may  acquire  property  by  the  acceptance  of
conditional gifts,  grants,  devises  or  bequests,  the  provisions  of
section  eleven  of  the  state  finance law notwithstanding. Where real
property  is  to  be  acquired  by  purchase  or   appropriation,   such
acquisition  shall be in accordance with the provisions of section three
hundred seven of this chapter except that the powers and duties in  said
section mentioned to be performed by the commissioner shall be performed
by the state university trustees. The provisions of section three of the
public lands law notwithstanding, the trustees may provide for the lease
of  state-owned  real  property  under  the  jurisdiction  of  the state
university that is part of a  tax-free  NY  area  approved  pursuant  to

article  twenty-one  of the economic development law, in such manner and
upon such terms as the trustees shall determine, provided such lease  is
consistent with the approved plan for such tax-free NY area.
  * NB Effective until June 30, 2026
  * a. To take, hold and administer on behalf of the state university or
any  institution  therein,  real  and  personal property or any interest
therein and the income thereof either absolutely or  in  trust  for  any
educational  or  other  purpose  within  the  jurisdiction and corporate
purposes of the state university. The trustees may acquire property  for
such  purposes by purchase, appropriation or lease and by the acceptance
of gifts, grants, bequests and devises, and, within appropriations  made
therefor, may equip and furnish buildings and otherwise improve property
owned,  used  or  occupied  by  the  state university or any institution
therein.  Where  real  property  is  to  be  acquired  by  purchase   or
appropriation,   such  acquisition  shall  be  in  accordance  with  the
provisions of section three hundred seven of this  chapter  except  that
the  powers  and duties in said section mentioned to be performed by the
commissioner of education shall be performed  by  the  state  university
trustees.
  * NB Effective June 30, 2026
  b.  To  make  and establish and from time to time alter and amend such
rules and regulations, not inconsistent with law, for the government  of
the state university and the institutions therein.
  c.  To  provide  for  the  care,  custody and management of the lands,
grounds, structures, buildings, equipment and facilities  of  the  state
university and the institutions therein.
  d.  To visit and inspect the institutions in the state university, and
to distribute to or expend or administer  for  them  such  property  and
funds  as the state may appropriate therefor, or as the state university
trustees may hold  in  trust,  or  as  may  otherwise  come  into  their
possession.
  e.  To  merge  any  higher  educational  corporation  into  the  state
university with the approval of the governing body of  such  corporation
and  statutory  approval  of  the  legislature.  Any  higher educational
corporation  is  authorized  and  empowered  to  merge  into  the  state
university.  Upon the approval of an agreement of merger by the board of
regents and subsequent statutory approval by the  legislature,  and  the
filing thereof with the regents, the merger shall be deemed complete and
all  the  right, title and interest in real property held by such merged
higher educational corporation shall vest in and be held and enjoyed  by
the  people of the state of New York and all the other estate, property,
rights, privileges and franchises  of  such  merged  higher  educational
corporation  shall  vest  in  and  be  held  and  enjoyed  by  the state
university, as fully and entirely and without change  or  diminution  as
the same were before held and enjoyed by such merged corporation, and be
managed  and  controlled  by  the  state  university, but subject to all
liabilities and obligations of such merged corporation and the rights of
all creditors thereof;  except  that  the  state  university  shall  not
thereby  acquire  power  to  engage  in  any activity or to exercise any
right, privilege or franchise of a kind which  it  could  not  otherwise
lawfully  engage in or exercise. The state university shall cause a copy
of the agreement of merger, certified by the board of regents  to  be  a
true and correct copy of the original filed in their office, to be filed
in  the  office of the secretary of state and in the office of the clerk
of the county in which the certificate of incorporation  of  the  merged
corporation  was  filed,  in  each  case  in  which  the  certificate of
incorporation of the merged corporation was filed in the office  of  the
secretary  of state; and shall cause a like copy of the merger agreement

with the certificate of the board of  regents  to  be  recorded  in  the
office  of  the recording officer of each county in which is located any
real property in or to which the merged corporation had any right, title
or  interest at the time of the merger; and it shall be the duty of each
such recording officer to record such copy and certificate in his office
in the books used for the recording of  deeds  and  to  index  the  same
against the merged corporation as grantor and the people of the state of
New  York  as  grantees.  Neither  the secretary of state nor the county
clerk or the recording officer of any county shall be entitled to demand
or collect any fee for filing or recording any such copy of an agreement
of merger.
  f. To grant all degrees, diplomas and  certificates  which  heretofore
have  been  granted  or  have  been  authorized  to  be granted upon the
completion of courses of study in any state-operated  institution  which
now  is  or  hereafter  may  be  in  the  state university, prior to the
acquisition of such institution by the state university, and  also  such
other  degrees  as the regents may hereafter specifically authorize them
to grant. In testimony thereof the state university  trustees  may  give
suitable  diplomas  or  certificates  under  the  state  university seal
including honorary degrees. Every  diploma  or  certificate  so  granted
shall  entitle  the  conferee  to all privileges and immunities which by
usage or statute are allowed for similar  diplomas  or  certificates  of
corresponding grade granted by any institution of learning.
  f-1.  Notwithstanding any law, rule or regulation to the contrary, the
state university of New York board of trustees shall pass  a  resolution
by June first, two thousand fifteen, to develop a plan to make available
to  students  enrolled in an academic program of the state university of
New York beginning in the two thousand sixteen--two  thousand  seventeen
academic  year,  approved  experiential  or applied learning activities.
Such experiential or applied learning activities may include  completion
of  activities related to students' program of study, including, but not
limited to, service-learning activities completed as part of  a  course,
paid  or  unpaid  internships, faculty-supervised undergraduate projects
and activities leading to publication of research in journals or similar
publications, production or performance of creative works, and iterative
"co-op" partnerships that explicitly link the curricula to a  temporary,
paid  position  in  industry  or  the  public  sector.  Such plan, to be
completed by June first, two thousand sixteen,  shall  be  developed  in
consultation  with  university  faculty  senate,  the faculty council of
community colleges, the SUNY student assembly, and  other  stakeholders.
Such  plan  shall  define  approved  experiential  or  applied  learning
activities,   methods   of    faculty    oversight    and    assessment,
responsibilities  of  business,  corporate, non-profit or other entities
hosting students, and include a requirement for collecting and reporting
data associated with such experiential or applied  learning  activities.
Such  plan  shall have each college examine the feasibility of including
such  experiential  or  applied  learning   activities   as   a   degree
requirement.  Such  college  shall examine its ability to administer and
provide such opportunities to students; the local  community's  capacity
to  support such experiential or applied learning activities; the impact
such requirement would have on the local workforce,  if  any;  potential
for  such  a  requirement to enhance learning outcomes for students; and
whether adding such  a  requirement  would  cause  potential  delays  in
graduation for students.
  g. To appoint the head of each state-operated institution in the state
university  upon  the recommendation made to them by the council of such
institution in accordance with the rules and  standards  established  by
the  state university trustees; or if such recommendation is not made or

does not comply with  such  rules  and  standards,  then  to  make  such
appointment  as is by them deemed necessary; to prescribe the functions,
powers, and duties of the head of each such institution; and to  appoint
or  provide  for the appointment of the members of the instructional and
administrative staffs, and such other employees as may be necessary,  at
each  state-operated  institution  upon  the  recommendation of the head
thereof and prescribe or provide for the prescription of their duties.
  h. To regulate the admission of students, prescribe the qualifications
for their  continued  attendance,  regulate  tuition  charges  where  no
provision is otherwise made therefor by law, and regulate other fees and
charges, curricula and all other matters pertaining to the operation and
administration   of   each   state-operated  institution  in  the  state
university.
  (1) Notwithstanding the provisions of any other  general,  special  or
local law, rule or regulation, such regulations may permit persons sixty
years  of  age  or  over to audit courses given therein without tuition,
examination, grading or credit therefor upon a space available basis, as
determined by the president of each such institution, provided that such
audit attendance does not deny course  attendance  at  a  state-operated
institution  by  an  individual  who  is  otherwise  qualified under the
regulations promulgated pursuant to this section.
  (2) Such regulations shall also provide that upon request by a student
who is an eligible veteran the payment of tuition  and  other  fees  and
charges, less the amounts payable for such purposes from scholarships or
other  financial  assistance  awarded  said  veteran pursuant to article
thirteen of this chapter, article one hundred thirty of this chapter  or
any  other  state  or  federal  aid  program,  shall be deferred in such
amounts and until such  times  as  the  several  payments  of  veterans'
benefits  under  the  Veterans'  Readjustment  Benefit  Act  of 1966, as
amended, are received by the veteran,  provided  that  the  veteran  has
filed  a  claim  for  such benefits and presents to the state university
proof of eligibility, extent of entitlement to benefits and the need for
deferral until the receipt of such benefits.
  (3) (i) Such regulations shall further provide  that  the  payment  of
tuition and fees by any student in any state-operated institution of the
state  university  who  is  a member or the spouse or the dependent of a
member of the armed forces of the United States on full-time active duty
and stationed in this state, whether or not a  resident  of  the  state,
shall  be  paid  at  a  rate  or charge no greater than that imposed for
students thereat who are residents of this state.
  (ii) Such regulations  shall  further  provide  that  the  payment  of
tuition  and fees by any student who is not a resident of New York state
shall be paid at a rate or charge  no  greater  than  that  imposed  for
students  who  are residents of the state if such student is enrolled in
an institution or educational  unit  of  the  state  university  and  is
attending  such  institution  or educational unit in accordance with the
federal GI bills and  in  compliance  with  all  applicable  eligibility
requirements thereof.
  * (iii)  Such  regulations  shall  further provide that the payment of
tuition and fees by any student who is not a resident of New York  state
shall  be  paid  at  a  rate  or charge no greater than that imposed for
students who are residents of this state if such student is enrolled  in
an  institution  or  educational unit of the state university and is the
spouse or the dependent of a member of the armed forces  of  the  United
States  on  full-time  active  duty  and  not  stationed  in  this state
immediately following being stationed therein.
  * NB Effective July 1, 2022
  (3-a) Notwithstanding the provisions of any other general, special  or
local  law,  rule  or regulation, the state university trustees shall be
authorized to set a reduced rate of tuition and/or  fees,  or  to  waive
tuition  and/or fees entirely, for students participating in any dual or
concurrent  enrollment  program with no reduction in other state, local,
or other support for such students  earning  college  credit  that  such
higher  education  partner  would  otherwise  be  eligible  to  receive;
provided that, for purposes of this  provision,  a  dual  or  concurrent
enrollment  program  shall  mean  one or more college courses taken by a
high school student through  a  state-operated  institution  while  such
student  is  still  enrolled  in  high  school  or boards of cooperative
educational services and for which the student  may  receive  both  high
school and college credit.
  * (4)  The  trustees  shall  not  impose a differential tuition charge
based upon need or income. Except as hereinafter provided, all  students
enrolled   in   programs  leading  to  like  degrees  at  state-operated
institutions of the state university shall be charged a uniform rate  of
tuition  except for differential tuition rates based on state residency.
Provided, however, that the trustees may authorize the presidents of the
colleges of technology and the colleges of agriculture and technology to
set differing rates of tuition for each of  the  colleges  for  students
enrolled  in degree-granting programs leading to an associate degree and
non-degree granting programs so long  as  such  tuition  rate  does  not
exceed  the  tuition  rate  charged to students who are enrolled in like
degree programs or degree-granting undergraduate programs leading  to  a
baccalaureate  degree  at other state-operated institutions of the state
university of New York. Notwithstanding  any  other  provision  of  this
subparagraph,  the  trustees  may  authorize  the  setting of a separate
category of tuition rate, that shall be greater than  the  tuition  rate
for  resident  students  and less than the tuition rate for non-resident
students, only for students enrolled in distance  learning  courses  who
are  not  residents of the state. Except as otherwise authorized in this
subparagraph, the trustees shall not  adopt  changes  affecting  tuition
charges  prior  to  the enactment of the annual budget, provided however
that:
  (i) Commencing with  the  two  thousand  eleven--two  thousand  twelve
academic  year  and  ending  in  the  two thousand fifteen--two thousand
sixteen academic year the state university of New York board of trustees
shall be empowered  to  increase  the  resident  undergraduate  rate  of
tuition  by  not  more  than  three  hundred  dollars  over the resident
undergraduate rate of tuition adopted by the board of  trustees  in  the
prior  academic  year,  provided  however  that  commencing with the two
thousand eleven--two thousand twelve academic year and ending in the two
thousand sixteen--two thousand seventeen academic  year  if  the  annual
resident  undergraduate  rate  of  tuition  would  exceed  five thousand
dollars, then a tuition credit for each eligible student, as  determined
and   calculated  by  the  New  York  state  higher  education  services
corporation pursuant to section six hundred eighty-nine-a of this title,
shall be applied toward the tuition charged for each  semester,  quarter
or  term  of  study. Tuition for each semester, quarter or term of study
shall not be due for any student eligible to receive such tuition credit
until the tuition credit is calculated and applied against  the  tuition
charged for the corresponding semester, quarter or term.
  (ii) Commencing with the two thousand seventeen--two thousand eighteen
academic  year  and  ending  in  the  two  thousand twenty--two thousand
twenty-one academic year the state  university  of  New  York  board  of
trustees  shall be empowered to increase the resident undergraduate rate
of tuition by not more  than  two  hundred  dollars  over  the  resident

undergraduate  rate  of  tuition adopted by the board of trustees in the
prior academic year, provided,  however  that  if  the  annual  resident
undergraduate rate of tuition would exceed five thousand dollars, then a
tuition  credit  for each eligible student, as determined and calculated
by the New York state higher education services corporation pursuant  to
section six hundred eighty-nine-a of this title, shall be applied toward
the tuition charged for each semester, quarter or term of study. Tuition
for  each  semester,  quarter  or term of study shall not be due for any
student eligible to receive such tuition credit until the tuition credit
is  calculated  and  applied  against  the  tuition  charged   for   the
corresponding  semester,  quarter  or  term.  Provided, further that the
revenue resulting from an increase in  the  rate  of  tuition  shall  be
allocated  to  each  campus  pursuant to a plan approved by the board of
trustees to support investments in new classroom  faculty,  instruction,
initiatives  to  improve  student  success  and on-time completion and a
tuition credit for each eligible student.
  (iii) On or before November thirtieth,  two  thousand  seventeen,  the
trustees shall approve and submit to the chairs of the assembly ways and
means  committee and the senate finance committee and to the director of
the budget a master tuition plan setting forth the  tuition  rates  that
the  trustees  propose  for resident undergraduate students for the four
year period commencing with the  two  thousand  seventeen--two  thousand
eighteen  academic  year  and  ending  in  the  two thousand twenty--two
thousand  twenty-one  academic  year,  and  shall  submit  any  proposed
amendments  to  such  plan by November thirtieth of each subsequent year
thereafter through November thirtieth, two thousand twenty, and provided
further,  that  with  the  approval  of  the  board  of  trustees,  each
university  center may increase non-resident undergraduate tuition rates
each year by not more than ten percent over the  tuition  rates  of  the
prior  academic  year  for  a  six  year  period commencing with the two
thousand eleven--two thousand twelve academic year and ending in the two
thousand sixteen--two thousand seventeen academic year.
  (iv) Beginning in state fiscal year two thousand  twelve-two  thousand
thirteen  and  ending  in  state  fiscal  year two thousand fifteen--two
thousand sixteen, the state shall appropriate and make available general
fund  operating  support,  including  fringe  benefits,  for  the  state
university  in  an amount not less than the amount appropriated and made
available in the prior state fiscal year; provided, however, that if the
governor declares a fiscal emergency, and communicates such emergency to
the temporary president of the senate and speaker of the assembly, state
support  for  operating  expenses  at  the  state  university  and  city
university  may be reduced in a manner proportionate to one another, and
the aforementioned provisions shall not apply.
  (v)  Beginning  in  state  fiscal  year  two  thousand  seventeen--two
thousand   eighteen  and  ending  in  state  fiscal  year  two  thousand
twenty--two thousand twenty-one, the state shall  appropriate  and  make
available general fund operating support, including fringe benefits, for
the  state university in an amount not less than the amount appropriated
and made available in the prior state fiscal  year;  provided,  however,
that  if the governor declares a fiscal emergency, and communicates such
emergency to the temporary president of the senate and  speaker  of  the
assembly,  state  support for operating expenses at the state university
and city university may be reduced in  a  manner  proportionate  to  one
another,  and  the  aforementioned  provisions shall not apply; provided
further, the state shall appropriate and  make  available  general  fund
support  to fully fund the tuition credit pursuant to subdivision two of
section six hundred sixty-nine-h of this title.
  (vi) For the state university fiscal  years  commencing  two  thousand
eleven--two   thousand  twelve  and  ending  two  thousand  fifteen--two
thousand sixteen, each university center may set aside a portion of  its
tuition  revenues  derived  from  tuition increases to provide increased
financial  aid  for New York state resident undergraduate students whose
net taxable income is eighty thousand dollars or  more  subject  to  the
approval  of  a NY-SUNY 2020 proposal by the governor and the chancellor
of the state university of New York. Nothing in this paragraph shall  be
construed  as  to  authorize  that  students whose net taxable income is
eighty thousand dollars or more  are  eligible  for  tuition  assistance
program  awards  pursuant  to  section  six  hundred sixty-seven of this
chapter.
  * NB Effective until July 1, 2024
  * (4) The trustees shall not  impose  a  differential  tuition  charge
based  upon need or income. All students enrolled in programs leading to
like degrees at state-operated  institutions  of  the  state  university
shall  be  charged  a  uniform  rate  of tuition except for differential
tuition rates based on state  residency.  Provided,  however,  that  the
trustees  may authorize the presidents of the colleges of technology and
the colleges of agriculture and technology to  set  differing  rates  of
tuition   for   each   of   the   colleges   for  students  enrolled  in
degree-granting programs leading to an associate degree  and  non-degree
granting  programs  so  long  as  such  tuition rate does not exceed the
tuition rate charged  to  students  who  are  enrolled  in  like  degree
programs   or   degree-granting  undergraduate  programs  leading  to  a
baccalaureate degree at other state-operated institutions of  the  state
university  of  New  York.   Notwithstanding any other provision of this
subparagraph, the trustees may  authorize  the  setting  of  a  separate
category  of  tuition  rate, that shall be greater than the tuition rate
for resident students and less than the tuition  rate  for  non-resident
students,  only  for  students enrolled in distance learning courses who
are not residents of the state. The trustees  shall  not  adopt  changes
affecting tuition charges prior to the enactment of the annual budget.
  * NB Effective July 1, 2024
  (4-a)  Notwithstanding  any  law, rule, regulation, or practice to the
contrary and following the review and approval of the chancellor of  the
state university or his or her designee, the board of trustees may raise
non-resident undergraduate rates of tuition by not more than ten percent
over  the  tuition  rates  of  the prior academic year for the following
doctoral degree granting institutions of the  state  university  of  New
York:  the state university of New York college of environmental science
and forestry as defined  in  article  one  hundred  twenty-one  of  this
chapter,  downstate  medical  center,  upstate  medical  center, and the
college  of  technology  at  Utica-Rome/state   university   polytechnic
institute  for  a  four  year  period  commencing  with the two thousand
twenty--two thousand twenty-one academic year  and  ending  in  the  two
thousand  twenty-three--two  thousand twenty-four academic year provided
that such rate change is approved annually prior to  board  of  trustees
action by the chancellor of the state university or his or her designee.
  (4-b)  (i)  In state fiscal year two thousand twenty-two--two thousand
twenty-three, the state shall appropriate  and  make  available  general
fund  operating  support  in  the  amount of thirty-three percent of the
tuition credit calculated pursuant to section six hundred  eighty-nine-a
of   this   chapter   for  the  two  thousand  twenty-two--two  thousand
twenty-three academic year.
  (ii) In state fiscal  year  two  thousand  twenty-three--two  thousand
twenty-four, the state shall appropriate and make available general fund
operating  support  in  the amount of sixty-seven percent of the tuition

credit calculated pursuant to section six hundred eighty-nine-a of  this
chapter  for  the  two  thousand  twenty-three--two thousand twenty-four
academic year.
  (iii)  Beginning  in  state  fiscal year two thousand twenty-four--two
thousand twenty-five and thereafter, the  state  shall  appropriate  and
make  available  general  fund  operating  support  in the amount of the
tuition credit calculated pursuant to section six hundred  eighty-nine-a
of this chapter annually.
  (5)  The  trustees shall further provide standards for the granting of
advanced standing to veterans applying for  college  admissions  at  the
state  university,  who  have successfully completed United States Armed
Forces Institute or other comparable course work.
  (6) Where an undergraduate state-operated  institution  of  the  state
university   is  located  adjacent  to  another  institution  of  higher
education and students of such undergraduate state operated  institution
are,   under  arrangements  made  by  the  state  university,  taking  a
substantial portion of their courses  at  such  other  institution,  the
state  university trustees may permit the students of such undergraduate
state-operated institution, subject to such conditions or limitations as
they deem advisable, to participate in the  extra-curricular  activities
and  utilize  services of such other institution if those privileges are
extended by such other institution.
  (7) In formulating the curriculum of each  state-operated  institution
in  the  state  university  for professional education in medicine there
shall be required and included in such curriculum and in the  plans  and
recommendations   of   the  state  university  trustees  formulated  and
transmitted in pursuance of the  provisions  of  section  three  hundred
fifty-four  of  this  chapter,  courses  and  facilities,  which  in the
judgment of the trustees shall  be  best  suited  to  encourage  and  to
implement  the study and preparation, by students desiring the same, for
the family practice of  medicine.  Such  courses  and  facilities  shall
include:  the  establishment  and  maintenance of a department of family
practice under the direction of a qualified family practitioner, courses
of study under the supervision  of  qualified  family  practitioners,  a
family  care  program  of  study  and  clinical experience, a program of
preceptorships,  and  a  program  of  internships  or  family   practice
residencies in the hospital or hospitals affiliated with such respective
school.
  (8) Such regulations shall further provide that the payment of tuition
and  fees  by any student who is not a resident of New York state, other
than a non-immigrant alien within  the  meaning  of  paragraph  (15)  of
subsection  (a)  of  section  1101 of title 8 of the United States Code,
shall be paid at a rate or charge  no  greater  than  that  imposed  for
students who are residents of the state if such student:
  (i)  attended  an approved New York high school for two or more years,
graduated from  an  approved  New  York  high  school  and  applied  for
attendance at an institution or educational unit of the state university
within five years of receiving a New York state high school diploma; or
  (ii)   attended  an  approved  New  York  state  program  for  general
equivalency diploma exam preparation,  received  a  general  equivalency
diploma  issued  within  New York state and applied for attendance at an
institution or educational unit of  the  state  university  within  five
years  of receiving a general equivalency diploma issued within New York
state; or
  (iii) was enrolled in an institution or educational unit of the  state
university  in the fall semester or quarter of the two thousand one--two
thousand two academic year and was authorized  by  such  institution  or

educational  unit  to  pay  tuition  at  the  rate or charge imposed for
students who are residents of the state.
  A  student without lawful immigration status shall also be required to
file an affidavit with such institution or educational unit stating that
the student has filed an application to legalize his or her  immigration
status,  or  will  file  such  an  application  as  soon as he or she is
eligible to do so.
  (9) The trustees shall review any proposed community  college  tuition
increase  and  the  justification  for  such increase. The justification
provided by the community college for  such  increase  shall  include  a
detailed  analysis  of  ongoing  operating  costs, capital, debt service
expenditures, and all revenues.
  (10) Such regulations shall further provide that any  student  who  is
not a legal resident of New York state but is a United States citizen, a
permanent  lawful  resident,  an  individual  who  is  granted  U  or  T
non-immigrant status pursuant to the Victims of Trafficking and Violence
Protection Act of 2000, a  person  granted  temporary  protected  status
pursuant  to  the  Federal  Immigration  Act of 1990, an individual of a
class of refugees paroled by the attorney general of the  United  States
under  his or her parole authority pertaining to the admission of aliens
to the United States, or an applicant without lawful immigration  status
may  have  the  payment of tuition and other fees and charges reduced by
state-aided programs, scholarships or other financial assistance awarded
under the provisions of  articles  thirteen,  thirteen-A,  fourteen  and
fourteen-A  of  this  chapter,  provided  that  the  student  meets  the
requirements  set  forth  in  subparagraph  (ii)  of  paragraph   a   or
subparagraph  (ii)  of  paragraph  b  of subdivision five of section six
hundred sixty-one of this chapter, as applicable.
  i. To lease to  alumni  associations  of  institutions  of  the  state
university  a  portion of the grounds occupied by any institution of the
state university, for the erection thereon of dormitories to be used  by
students  in attendance at such institutions. The terms of any lease and
the character of the building to be erected shall be determined  by  the
state  university trustees. Such lease, prior to its execution, shall be
submitted to the attorney general for  his  approval  as  to  its  form,
contents  and  legal  effect.  Nothing contained in this paragraph shall
affect the provisions of any lease heretofore executed  by  a  board  of
visitors  of  any  state-operated institution pursuant to law. The state
university trustees may similarly enter into an agreement with an alumni
association of an institution of the state university  to  furnish  heat
from  a  central  heating  plant to any dormitory erected by such alumni
association. Any such dormitory shall not be subject to taxation for any
purpose.
  j. To enter into a boundary line agreement for, on behalf of,  and  in
the  name  of the people of the state of New York whenever a mistake has
been made or an honest dispute exists as to the location of the division
line between land owned by the state, which is under  the  jurisdiction,
care, custody or control of the state university trustees, and adjoining
land  not  owned by the state. Such an agreement shall fix and determine
the division line between such lands, subject to  the  approval  of  the
attorney general as to form, content and manner of execution.
  k.  To  enlist  and accept the cooperation of municipal authorities in
obtaining the  use  of  public  buildings,  lands,  property  and  other
facilities,   or  portions  thereof,  under  the  jurisdiction  of  such
municipal authorities, for the purposes of the  state  university.  Such
appropriate  municipal  authorities  are hereby authorized to permit the
use of  public  buildings,  lands,  property  and  other  facilities  or

portions  thereof under their jurisdiction for the purposes of the state
university, with or without rental or other charges.
  l.  To appoint university police officers who shall have the powers of
police  officers  and  to  remove  such  police  officers  at  pleasure;
provided,  however, that any person appointed a police officer must have
satisfactorily completed or complete within one year of the date of  his
appointment  a  course  of  law  enforcement  training  approved  by the
municipal police training council in consultation with  the  university.
It  shall  be the duty of such police officers to preserve law and order
on the campuses and other property  of  the  university,  including  any
portion  of  a  public  highway  which  crosses  or abuts such property.
Subject to the  approval  of  the  chancellor,  the  president  of  each
state-operated campus of the state university shall enter into a written
agreement with adjoining law enforcement agencies establishing protocols
for  the  exercise  of  authority  by  such  university  police  officer
off-campus, including mutual aid and assistance. Such written  protocols
shall not be deemed to supersede the authority of other police officers.
The  provisions  of  this  paragraph shall not apply to any of the state
institutions and property referred to in  section  five  thousand  seven
hundred nine of this chapter.
  m.  To  name  and  rename  any state-operated institution of the state
university after consultation with its council.
  n. To enter into a contract with the board of education of a  city  or
school district in which a state-operated institution is located for the
education  by  such  college,  for  such period of time as may be agreed
upon, of all or part of the children of legal  school  age  residing  in
such  city  or  school  district. A board of education in such a city or
school district is hereby authorized and empowered to  enter  into  such
contracts with the state university trustees, subject to the approval of
the  commissioner  of  education,  and  to perform all necessary acts to
carry out the purposes of this paragraph.
  o. To conduct or authorize the conduct of research and experiments  at
state-operated  institutions  of  the  state university in the field or,
pursuant to agreements therefor, in industrial and commercial plants, in
connection with  the  educational  programs  of  the  state  university,
including  projects  involving  the  care, preservation, utilization and
management of natural resources and the disposition of crops  and  other
products incidental thereto.
  p.  To  perform  such other acts as may be necessary or appropriate to
carry out effectively the objects and purposes of the  state  university
as specified in this article.
  q.  To  prepare  and  adopt, within the amounts appropriated therefor,
plans for land acquisition, state university development and  expansion,
space   needs   and   uses   and   for  the  construction,  acquisition,
reconstruction, rehabilitation and improvement  of  academic  buildings,
dormitories  and  other  facilities  required  or to be required for the
state-operated institutions and the statutory or contract colleges,  and
for  such  planning  functions  to  retain or employ private architects,
engineers  and  artists,  or  firms  thereof,  or  other  and  different
consultants  for  proposed  projects  and  for  the preparation of space
requirements,   cost    estimates,    preliminary    plans,    budgetary
justifications,  and  construction  standards.  During  the selection of
projects for such plans, the trustees shall, where applicable, give  due
consideration  to  projects  that  support improvements in environmental
protection,  energy  and   resource   management,   solar   energy   and
conservation   with   particular  consideration  given  to  a  project's
potential to generate cost savings over time.

  r. To cooperate with and assist the state university construction fund
in the construction,  acquisition,  reconstruction,  rehabilitation  and
improvement  of  academic  buildings,  dormitories  and other facilities
pursuant to  article  eight-A  of  this  chapter,  and  to  approve  the
architectural concept of all such construction projects.
  s.  To  lease  or  make available to the state university construction
fund, the dormitory authority or other public benefit  corporation,  the
New   York  state  teachers'  retirement  system,  the  New  York  state
employees' retirement system, or a business that intends to locate in  a
tax-free NY area approved pursuant to article twenty-one of the economic
development law, a portion of the grounds or real property occupied by a
state-operated  institution  or  statutory  or  contract college for the
construction, acquisition, reconstruction, rehabilitation or improvement
of academic buildings, dormitories or other facilities thereon  pursuant
to  article  eight-A of this chapter and for the purpose of facilitating
such  construction,  acquisition,  reconstruction,   rehabilitation   or
improvement, to enter into leases and agreements for the use of any such
academic  building,  dormitory  or other facility in accordance with the
provisions of section  three  hundred  seventy-eight  of  this  chapter;
provided,  however,  that  nothing  herein  contained  shall  affect the
provisions of any lease or agreement heretofore executed  by  the  state
university  with  the dormitory authority. The state university trustees
may also enter into agreements with the  state  university  construction
fund,  the  dormitory authority or other public benefit corporation, the
New  York  state  teachers'  retirement  system,  the  New  York   state
employees' retirement system or any business that intends to locate in a
tax-free NY area approved pursuant to article twenty-one of the economic
development  law,  to  furnish  heat from a central heating plant to any
academic building, dormitory or other facility erected by them  or  with
moneys  supplied by them. Any such academic building, dormitory or other
facility shall not be subject to taxation for any purpose.
  t. The trustees shall have the power to lease or make available  to  a
not-for-profit corporation or political subdivision of the state, or the
state,  or  the  office  for  the  aging,  for the purposes set forth in
section sixteen hundred seventy-seven of  the  public  authorities  law;
pertaining  to  the  use  of dormitory authority facilities by the aged,
facilities or portions thereof located on the grounds or  real  property
occupied  by  a  state-operated  institution  or  statutory  or contract
college, which facilities are owned by or  mortgaged  to  the  dormitory
authority.  Such  leases  and  agreements  shall  be upon such terms and
conditions as may be agreed upon between the parties  thereto,  provided
that any such lease or agreement shall be subject to the approval of the
dormitory   authority.   Nothing   herein  contained  shall  affect  the
provisions of any lease or agreement heretofore executed  by  the  state
university with the dormitory authority, or any other agency.
  u.  To  establish a water conservation program for academic buildings,
dormitories and other facilities of the state university.  Such  program
shall include a survey of water use and conservation in such buildings.
  v. To cooperate with and assist the state university construction fund
in   the   construction  of  academic  incubator  facilities.  "Academic
incubator facilities" as used in  this  chapter  shall  mean  facilities
providing  low-cost  space,  technical  assistance, support services and
educational opportunities, including but not limited to central services
shared by tenants of the facility, to new high technology  companies  in
the formative stages of development through a partnership with the state
university  and  shall  be state university educational facilities under
subdivision twenty-eight of section sixteen hundred seventy-six  of  the
public  authorities law. Academic incubator facilities shall promote job

creation, entrepreneurship,  technology  transfer  and  provide  support
services  to  incubator tenants, including, but not limited to, business
planning,  management  assistance,  financial-packaging,   linkages   to
financing sources, and coordination with other sources of assistance.
  w.  When  authorized  by  law,  to cooperate with and assist the state
university construction fund in the acquisition and development of sites
for university-related economic development  facilities  as  defined  in
section three hundred seventy-two-a of this title.
  x.  To  enter into one or more agreements with the dormitory authority
to provide financial assistance on behalf of the state, as  provided  in
subdivision  eight  of  section  six thousand three hundred four of this
chapter, to the local sponsors of community  colleges  for  the  design,
acquisition, construction, reconstruction, rehabilitation or improvement
of  one  or  more  facilities  for  locally sponsored community colleges
including the furnishing and equipping of such  facilities  pursuant  to
section  six  thousand  three  hundred  four  of this chapter. Each such
agreement shall provide for annual payments to the  dormitory  authority
from  the  state aid or other financial assistance provided to the local
sponsors of such community colleges and paid into the community  college
tuition   and   instructional   fund  pursuant  to  paragraph  (iii)  of
subdivision two of section ninety-seven-p of the state finance law,  and
may contain such other terms and conditions as may be agreed upon by the
parties  thereto,  including, but not limited to, provisions relating to
the establishment of reserve funds and indemnities. Each such  agreement
shall be subject to the approval of the director of the budget.
  y.  To  better  secure  dormitory authority bonds issued in connection
with dormitory facilities, including dormitory facility  revenue  bonds,
the  state university of New York is hereby authorized, in its own name,
to assign or otherwise transfer to the dormitory authority any or all of
the state  university's  rights,  title  and  interest  in  and  to  the
dormitory  facility  revenues,  and  to  enter  into agreements with the
dormitory authority pursuant  to  subdivision  two  of  section  sixteen
hundred  eighty-q  of  the public authorities law in furtherance of such
assignment or transfer. Any assignment or transfer made pursuant to this
paragraph shall constitute a true sale  and  absolute  transfer  of  the
dormitory  facilities  revenues. The characterization of such assignment
or transfer shall not be negated or adversely affected by the  retention
by  the  state  university  of New York of any ownership interest in the
dormitory facilities revenues or of any residual right to payment of any
dormitory  facility  revenues  remaining  in  the  dormitory  facilities
revenue  fund  after  the moneys therein have been applied in accordance
with paragraph (b) of  subdivision  three  of  section  sixteen  hundred
eighty-q  of  the public authorities law. All rights, title and interest
in and to any moneys paid to or upon the order of the  state  university
of  New  York  pursuant  to  any  agreement by and between the dormitory
authority and the state university of New York entered into pursuant  to
subdivision  two  of  section  sixteen  hundred  eighty-q  of the public
authorities law or pursuant to any agreement entered  into  pursuant  to
paragraph  j of subdivision two of section sixteen hundred eighty of the
public authorities law shall vest in the state university  of  New  York
and  be  the  absolute property of the state university of New York, and
the dormitory authority shall  no  longer  have  any  interest  in  such
moneys.
  z.  In  connection with business/university partnerships in support of
the corporate purposes of the state university, to participate in  joint
and  cooperative  arrangements  with  businesses  that have located in a
tax-free NY area approved pursuant to article twenty-one of the economic

development law provided  such  arrangements  are  consistent  with  the
approved plan for such tax-free NY area.
  2-a.  Notwithstanding  any other provision of law, rule, or regulation
to the contrary, the state university trustees charter school committee,
as a charter entity, are further authorized and empowered, to promulgate
regulations with respect to  governance,  structure  and  operations  of
charter  schools  for  which  they  are  the  charter entity pursuant to
section twenty-eight hundred fifty-one of this chapter.
  3. The state university trustees shall adopt and  implement  a  patent
policy   for  research  conducted  in  university  facilities  which  is
consistent  with  the  university's  mission  of  education,   scholarly
research  and public service. Such policy shall be designed to encourage
research activities which produce new knowledge which is of  benefit  to
the  public  and which may result in the development of new products and
processes which are likely to  improve  the  quality  of  life  and  the
standard  of  living of the people of the state, contribute to increased
productivity and advance the public health,  safety  and  welfare.  Such
policy  shall  also  provide appropriate incentives for participation by
private sector business concerns  in  efforts  to  develop  and  utilize
patents orginated in conjunction with such research and to commercialize
new  products  and  processes based on the results of such research. The
trustees, when it is deemed necessary to fulfill the objectives of  this
subdivision, shall adopt and implement appropriate modifications to such
policy.  The  trustees  shall  include  in the annual report required by
section three hundred fifty-nine of this chapter an  evaluation  of  the
effectiveness  of  the  policy  adopted  pursuant  to  this  subdivision
together with a synopsis of any changes in that  policy  adopted  during
the previous year.
  4.  Notwithstanding  the  provisions  of section forty-four, fifty, or
fifty-one of the state finance law or any other provision of law to  the
contrary, the state university trustees are authorized and empowered:
  a.  To  review and coordinate the budget and appropriation requests of
all state-operated institutions and statutory or contract  colleges  and
combine  these requests with the fiscal requirements for institutions of
higher education specified in section three hundred  fifty-eight  hereof
into a university program budget for submission to the governor together
with   appropriate   comments   by   the  trustees  of  the  independent
institutions operating statutory or contract colleges on behalf  of  the
state  regarding the portion of the program budget which relates to such
colleges. Such submission shall be made pursuant to  the  provisions  of
section twenty-two of the state finance law.
  b.  To  expend  all  lump sum or consolidated appropriations and other
appropriations made for  the  state  university,  including  all  moneys
derived  from other sources in the course of the administration thereof.
Within aggregate funds available for  expenditure  pursuant  to  section
forty-nine  of  the  state finance law, the state comptroller shall draw
warrants for the payment of all vouchers approved by the  chancellor  of
the  state  university, as the chief administrative officer of the state
university, or by such authority or authorities in the state  university
as  shall be designated by the chancellor by a rule or written direction
filed with the state comptroller, when and in the manner  authorized  by
the   state   university   trustees.   Such  lump  sum  or  consolidated
appropriations  made  for  personal  service,  or  for  maintenance  and
operation  or  for  non-personal  service,  or maintenance undistributed
including personal service, other than appropriations  from  proprietary
or  fiduciary  funds,  shall  be  available  for  payments  for personal
service, or maintenance and operation or for  non-personal  service,  or
for maintenance undistributed including personal service upon the filing

of  a  schedule  of  positions  and salaries provided, however, that the
salary of the chancellor shall be in accordance with section one hundred
sixty-nine of the executive law and that the portions  of  the  salaries
funded  from  state  appropriations  for the presidents and senior staff
shall not exceed that of the chancellor and the amounts to be  available
for  other personal service classes of expenditure, and for the expenses
of maintenance and operation,  or  for  non-personal  service  with  the
director  of  the  budget,  chairman  of  the  senate finance committee,
chairman of the  assembly  ways  and  means  committee,  and  the  state
comptroller.  Any  such schedule may be amended and such amendment shall
be filed with  the  officers  named  above.  The  state  comptroller  is
authorized  to  pay  any  amounts  required for the salaries and related
employment   benefits   of   state   university   employees   from   any
appropriations or other funds available therefor. In regard to the state
university,  the  budget  director  shall exercise the authority granted
under section forty-nine of the state finance  law  by  establishing  an
aggregate amount available for expenditure for the state university from
the  aggregate  appropriations  made,  by  funding source, for the state
university in the state operations appropriations act,  rather  than  by
making  the  specific  approvals  and by filing the certificates of such
approvals authorized by section forty-nine of the state finance law. The
schedule of positions and salaries required to be filed  by  the  budget
director  pursuant  to section forty-nine of the state finance law shall
be replaced by the schedule of positions and salaries filed by the state
university pursuant to this paragraph. If the director  of  the  budget,
pursuant to section forty-nine of the state finance law, shall establish
as  available  for  expenditure  an  aggregate  amount  less  than  that
contained in the appropriations made for the  state  university  in  the
state  operations appropriations act, the board of trustees shall within
thirty days of the action of the director of the budget  file  with  the
comptroller,  with  an  informational copy to the budget director and to
the chairs of the assembly ways and means and senate finance committees,
a certificate allocating such lesser amount in no  greater  detail  than
provided  for  in  the state operations appropriations act. In the event
that the board has failed to file such certification within such  thirty
day  period, the budget director may issue a certificate of availability
for the state university reflecting such amount  in  no  greater  detail
than provided for in the state operations appropriations act.
  c.  To  increase or decrease appropriations by transfer or interchange
as follows:
  (1) Amounts appropriated for the programs or purposes or for any  item
or   items   within   such   programs  or  purposes  of  any  individual
state-operated institution and the statutory or contract colleges of the
state university,  including  state  university  central  administration
within the schedules of such units or for any individual hospital within
the schedule of hospitals of the state university from a particular fund
or  funds  in a fiscal year may be interchanged between such programs or
purposes of such unit or hospital of state university, or between  items
within  the  same  program  or purpose, or with other items appropriated
from such fund not in  the  same  program  or  purpose,  but  which  are
contained  in  the  state  comptroller's classification of items as last
promulgated pursuant to a certificate of  allocation.  Such  certificate
shall  be  submitted by such units to the board of trustees of the state
university. Such certificate shall be submitted by the board of trustees
to the state comptroller with copies to be sent to  the  chairs  of  the
senate  finance  committee and the assembly ways and means committee and
the director of the budget for informational purposes  only.  The  total
amount  appropriated  for any program or purpose may be decreased by not

more than the aggregate of five percent  of  such  appropriation  for  a
program  or  purpose with the approval of the units or hospitals or such
amounts may be decreased by more than the aggregate of five  percent  of
such appropriation with the approval of the state university trustees.
  (2)  Amounts appropriated to state-operated institutions and statutory
or contract colleges within the schedule of such units or  to  hospitals
within  the  schedule  of  hospitals  of  the  state  university  from a
particular fund or funds in a fiscal year for the programs  or  purposes
of  such  units  or hospitals of the state university may be transferred
between and among such units or hospitals pursuant to a  certificate  of
allocation,  submitted  directly  by  the  state university to the state
comptroller, with copies of such certificates to be sent to  the  chairs
of  the  senate  finance  committee  and  the  assembly  ways  and means
committee and the director of  the  budget  for  informational  purposes
only. The total amount appropriated for any unit may not be decreased by
more  than the aggregate of three percent of an appropriation for a unit
or the aggregate of ten percent of an appropriation for a hospital.
  (3) Amounts appropriated for programs or purposes,  or  for  any  item
within  such  programs  or  purposes, within the university-wide program
schedule of state university from a particular fund or funds in a fiscal
year shall not be decreased by means of transfer or interchange by  more
than  the aggregate of four percent of an appropriation for a program or
purpose within such schedule.
  (4) Amounts appropriated for hospitals within the hospital schedule of
the state university from a particular fund or funds in  a  fiscal  year
for  programs  or  purposes  of such hospitals shall not be increased or
decreased  by  means  of  transfer  or  interchange  from  the   amounts
appropriated  to  the  state-operated  institutions and the statutory or
contract colleges, university-wide programs, or  central  administration
of  the  state  university. The aggregate appropriation for the hospital
schedule shall not be  increased  or  decreased  by  such  transfers  of
appropriations.
  (5)  Amounts  appropriated for the central administration of the state
university within the central administration schedule from a  particular
fund  or  funds in a fiscal year for programs or purposes including, but
not  limited  to,  administration  of  state-operated  institutions  and
statutory  or contract colleges, university-wide programs, and hospitals
of the state university shall not be increased by means of  transfer  or
interchange  by  more  than  five percent of the aggregate appropriation
within such schedule.
  (6) Notwithstanding the  foregoing  provisions  of  this  subdivision,
whenever  the  director of the budget, pursuant to section forty-nine of
the state finance law, shall establish an  aggregate  amount  less  than
that  contained in the state operations appropriations act, the trustees
may transfer or interchange any or all of such lesser amount  among  any
of  the programs or purposes or items without regard to the restrictions
provided in this subdivision.
  (7) On the fifteenth day of October, January, April and July  of  each
year, the state university shall provide the chair of the senate finance
committee   and  the  assembly  ways  and  means  committee,  the  state
comptroller and the director of the budget with quarterly reports of all
transfers or interchanges made by the state university pursuant to  this
section,  with  such  reports  to  include  the  program  impact of each
transfer or interchange. The allocation of lump sum appropriations  from
a  fund  or funds made to the state university for later distribution to
state operated institutions, statutory or contract  colleges,  hospitals
and/or  central administration of the state university or the allocation
of lump sum appropriations made to all state  departments  and  agencies

for  later  allocation for specific programs or purposes or units of the
state university shall not be deemed to be part of any total increase or
decrease authorized by this section.
  * 5.  Notwithstanding the provisions of subdivision two of section one
hundred twelve and sections one hundred fifteen, one hundred  sixty-one,
and  one hundred sixty-three of the state finance law and sections three
and six of the New York state printing and public documents law  or  any
other  law to the contrary, the state university trustees are authorized
and empowered to:
  a.  (i)  purchase  materials,   proprietary   electronic   information
resources  including  but  not  limited  to  academic, professional, and
industry journals, reference handbooks and  manuals,  research  tracking
tools, indexes and abstracts, equipment and supplies, including computer
equipment  and  motor  vehicles, (ii) execute contracts for construction
and construction-related services  contracts,  and  (iii)  contract  for
printing,  without  prior approval by any other state officer or agency,
but subject to rules  and  regulations  of  the  state  comptroller  not
otherwise  inconsistent  with  the  provisions  of  this  section and in
accordance with guidelines promulgated by the state university board  of
trustees after consultation with the state comptroller;
  a-1.  execute contracts for services to an amount not exceeding twenty
thousand dollars without prior approval by any other  state  officer  or
agency,  but  subject  to rules and regulations of the state comptroller
not otherwise inconsistent with the provisions of this  section  and  in
accordance with the guidelines promulgated by the state university board
of  trustees after consultation with the state comptroller. In addition,
the trustees,  after  consultation  with  the  commissioner  of  general
services,   are   authorized   to  annually  negotiate  with  the  state
comptroller increases  in  the  aforementioned  dollar  limits  and  the
exemption of any services or categories of services from these limits;
  b.  to  establish  cash advance accounts for the purpose of purchasing
materials, supplies, or services, for cash advances for travel  expenses
and per diem allowances, or for advance payment of wages and salary. The
account  may  be  used to purchase such materials, supplies, or services
where the amount of a single  purchase  does  not  exceed  one  thousand
dollars,  in  accordance  with such guidelines as shall be prescribed by
the  state  university  trustees  after  consultation  with  the   state
comptroller;
  c.  establish  guidelines  in  consultation  with  the commissioner of
general services authorizing participation by the  state  university  in
programs administered by the office of general services for the purchase
of  available  New York state food products. The commissioner of general
services shall provide assistance to the state university  necessary  to
enable the university to participate in these programs;
  d.   award  contract  extensions  for  campus  transportation  without
competitive bidding where such contracts  were  secured  either  through
competitive  bidding  or  through  evaluation of proposals, however such
extensions may be rejected if the amount to be paid to the contractor in
any year of such proposed extension fails to reflect any decrease in the
regional consumer price index for the New York,  New  York-Northeastern,
New  Jersey  area,  based upon the index for all urban consumers (CPI-U)
during the preceding twelve-month period. At the time  of  any  contract
extension,  consideration  shall  be  given  to any competitive proposal
offered  by  a  public  transportation  agency.  Such  contract  may  be
increased  for  each  year of the contract extension by an amount not to
exceed the regional consumer price index increase for the New York,  New
York-Northeastern,  New  Jersey area, based upon the index for all urban
consumers (CPI-U), during the preceding twelve-month period, provided it

has been satisfactorily established by the  contractor  that  there  has
been  at  least  an  equivalent  increase  in  the amount of his cost of
operation, during the period of the contract.
  e.  guidelines  promulgated  by the state university board of trustees
shall, to the extent practicable, require that competitive proposals  be
solicited  for  purchases, and shall include requirements that purchases
and contracts authorized under this section be at the  lowest  available
price,  including  consideration of prices available through other state
agencies, consistent with quality requirements, and as will best promote
the public interest. Such  purchases  may  be  made  directly  from  any
contractor pursuant to any contract for commodities let by the office of
general services or any other state agency.
  * NB Effective until June 30, 2026
  * 5.  Notwithstanding  the  provisions of paragraph two of section one
hundred twelve and sections one hundred fifteen, one hundred  sixty-one,
one  hundred  sixty-three  and  one  hundred  seventy-four  of the state
finance law and sections three and six of the New  York  state  printing
and  public  documents  law  or any other law to the contrary, the state
university trustees are authorized and empowered to:
  a.  (i)  purchase  materials,   proprietary   electronic   information
resources  including  but  not  limited  to  academic, professional, and
industry journals, reference handbooks and  manuals,  research  tracking
tools,  indexes and abstracts equipment and supplies, including computer
equipment and motor vehicles, where the amount  for  a  single  purchase
does  not  exceed  twenty  thousand  dollars, (ii) execute contracts for
services and construction contracts to an amount  not  exceeding  twenty
thousand  dollars,  and  (iii)  contract  for  printing to an amount not
exceeding five thousand dollars, without prior  approval  by  any  other
state  officer  or  agency,  but subject to rules and regulations of the
state comptroller not otherwise inconsistent with the provisions of this
section and in accordance with the rules and regulations promulgated  by
the state university board of trustees after consultation with the state
comptroller.  In  addition,  the  trustees,  after consultation with the
commissioner of general services, are authorized to  annually  negotiate
with the state comptroller increases in the aforementioned dollar limits
and the exemption of any articles, categories of articles or commodities
from  these  limits.  Rules  and  regulations  promulgated  by the state
university board of trustees shall, to the extent  practicable,  require
that competitive proposals be solicited for purchases, and shall include
requirements  that purchases and contracts authorized under this section
be at the lowest available  price,  including  consideration  of  prices
available   through   other  state  agencies,  consistent  with  quality
requirements, and  as  will  best  promote  the  public  interest.  Such
purchases  may  be  made  directly  from  any contractor pursuant to any
contract for commodities let by the office of general  services  or  any
other state agency;
  b.  to  establish  cash advance accounts for the purpose of purchasing
materials, supplies, or services, for cash advances for travel  expenses
and per diem allowances, or for advance payment of wages and salary. The
account  may  be  used to purchase such materials, supplies, or services
where the amount of a single purchase does not exceed two hundred  fifty
dollars,  in  accordance  with such guidelines as shall be prescribed by
the  state  university  trustees  after  consultation  with  the   state
comptroller.
  c.  establish  guidelines  in  consultation  with  the commissioner of
general services authorizing participation by the  state  university  in
programs administered by the office of general services for the purchase
of  available  New York state food products. The commissioner of general

services shall provide assistance to the state university  necessary  to
enable the university to participate in these programs.
  d.  (1)  Award  contract  extensions for campus transportation without
competitive bidding where such contracts  were  secured  either  through
competitive  bidding or through evaluation of proposals in response to a
request for proposals pursuant to subparagraph (2)  of  this  paragraph,
however  such extensions may be rejected if the amount to be paid to the
contractor in any year of such proposed extension fails to  reflect  any
decrease  in  the  regional  consumer  price index for the New York, New
York-Northeastern, New Jersey area, based upon the index for  all  urban
consumers  (CPI-U) during the preceding twelve-month period. At the time
of  any  contract  extension,  consideration  shall  be  given  to   any
competitive  proposal  offered  by  a public transportation agency. Such
contract may be increased for each year of the contract extension by  an
amount  not to exceed the regional consumer price index increase for the
New York, New York-Northeastern, New Jersey area, based upon  the  index
for  all  urban  consumers  (CPI-U),  during  the preceding twelve-month
period,  provided  it  has  been  satisfactorily  established   by   the
contractor  that  there  has been at least an equivalent increase in the
amount of his cost of operation, during the period of the contract.
  * NB Effective June 30, 2026
  * 6. To enter into any  contract  or  agreement  deemed  necessary  or
advisable   after  consultation  with  appropriate  state  agencies  for
carrying out the objects and purposes of state university without  prior
review  or  approval by any state officer or agency other than the state
comptroller and the attorney general including contracts with non-profit
corporations organized by officers, employees,  alumni  or  students  of
state  university  for  the  furtherance  of  its  objects and purposes.
Contracts or agreements entered into  with  the  federal  government  to
enable participation in federal student loan programs, including any and
all  instruments  required  thereunder,  shall  not  be  subject  to the
requirements of section forty-one of the state  finance  law;  provided,
however,  that  the  state  shall  not  be liable for any portion of any
defaults which it has agreed to assume pursuant to any such agreement in
an  amount  in  excess  of  money  appropriated  or  otherwise  lawfully
available  therefor  at  the  time the liability for payment arises. The
foregoing notwithstanding,  any  contract  made  for  or  by  the  state
university  for  the purchase of: (i) materials, equipment and supplies,
including computer equipment; (ii) motor  vehicles;  (iii)  construction
and construction-related services contracts; and (iv) printing shall not
be subject to prior approval by any other state officer or agency.
  * NB Effective until June 30, 2026
  * 6.  To  enter  into  any  contract  or agreement deemed necessary or
advisable  after  consultation  with  appropriate  state  agencies   for
carrying  out the objects and purposes of state university without prior
review or approval by any state officer or agency other than  the  state
comptroller and the attorney general including contracts with non-profit
corporations  organized  by  officers,  employees, alumni or students of
state university for  the  furtherance  of  its  objects  and  purposes.
Contracts  or  agreements  entered  into  with the federal government to
enable participation in federal student loan programs, including any and
all instruments  required  thereunder,  shall  not  be  subject  to  the
requirements  of  section  forty-one of the state finance law; provided,
however, that the state shall not be  liable  for  any  portion  of  any
defaults which it has agreed to assume pursuant to any such agreement in
an  amount  in  excess  of  money  appropriated  or  otherwise  lawfully
available therefor at the time the liability for payment arises.
  * NB Effective June 30, 2026

  * 6-a. The  state  university  trustees  shall  adopt  guidelines  for
foundations  of  state-operated campuses that require each foundation to
adopt a conflict of interest policy applicable to  such  foundation  and
its  affiliated  corporations.  Among  other items, the state university
trustees'  guidelines shall require such foundation policies to provide:
(a) that service as a board member or officer thereof shall not be  used
as  a  means  for  private  benefit or inurement for the board member or
officer, a relative thereof, or any entity in which the board member  or
officer,  or  relative  thereof,  has  a business interest; (b) no board
member or officer who is a vendor of goods or services to the foundation
or its affiliated corporation, or who has a business  interest  in  such
vendor,  or whose relative has a business interest in such vendor, shall
vote on, or participate  in  the  foundation's  administration  of,  any
transaction  with  such  vendor; and (c) a board member or officer shall
advise the chair of the foundation or its affiliated corporation of  his
or  a  relative's  business  interest  in  any such existing or proposed
vendor with the  foundation  or  its  affiliate.  The  state  university
trustees'  guidelines shall define the nature of a business interest and
the closeness of a personal relation that bring  a  relationship  within
the purposes of this subdivision.
  * NB Repealed July 1, 2024
  7. To refund or credit moneys paid to the state university for tuition
or  any  other fee or charge imposed or received by the state university
trustees (1) where such moneys were not required  by  law  or  trustees'
rule,  to  the  extent of the amount paid; (2) where such moneys were in
excess of the amount required by law or trustees' rule, to the extent of
such excess; (3) where registration or attendance at a state  university
institution  is  canceled  or  terminated  prior to the expiration of an
academic term otherwise than by dismissal, to the extent  prescribed  by
rule  or  otherwise by the state university trustees; provided, however,
that no moneys shall be refunded or credited unless application therefor
is made within three years after receipt of such  moneys  by  the  state
university.
  8.  Except  as  otherwise  provided herein, all moneys received by the
state university of New York and by state-operated institutions  thereof
from  appropriations, tuition, fees, user charges, sales of products and
services and from all other sources, including sources and activities of
the state university which are intended by law to be self-supporting may
be credited to an appropriate fund or funds  to  be  designated  by  the
state  comptroller.  The  amounts  so paid into such fund or funds which
were received by or for the state university shall be used for  expenses
of  the state university in carrying out any of its objects and purposes
and such amounts received by or for state-operated institutions  of  the
state  university  shall  be  used  for expenses of the state university
under  regulations  prescribed  by  the   state   university   trustees.
Notwithstanding  the  foregoing  provisions  of  this  subdivision,  all
dormitory facilities revenues transferred to the dormitory authority  by
assignment  or  otherwise  pursuant to paragraph y of subdivision two of
this section shall upon receipt by the state university acting as  agent
for  the dormitory authority be transferred and immediately paid without
appropriation thereof  to  the  commissioner  of  taxation  and  finance
pursuant  to  subdivision  four of section four of the state finance law
for deposit to the dormitory facilities revenue fund.
  8-a. All monies received by state university  health  care  facilities
from  fees,  charges, and reimbursement and from all other sources shall
be credited to a state university health care account in a  fund  to  be
designated  by  the  state comptroller. Notwithstanding the provision of
any law, rule or regulation to the contrary, a portion  of  such  monies

credited  may  be transferred to a state university account as requested
by the state university chancellor or his or  her  designee.  Monies  to
establish  reserves  for  long-term  expenses of state university health
care facilities and to fulfill obligations required for any contract for
health  care services authorized pursuant to subdivision sixteen of this
section may be designated by the  state  university  as  a  reserve  and
transferred  to  a  separate contractual reserve account. The amounts in
such accounts shall be available for use in accordance with paragraph  b
of  subdivision four and subdivision eight of this section. Monies shall
only be expended from the state university health care account  and  the
contractual  reserve  account pursuant to appropriation. Notwithstanding
any provision of this chapter, the state finance law or any other law to
the contrary, such appropriations shall remain in full force and  effect
for  two  years  from the effective date of the appropriation act making
the appropriation. Monies so transferred may be returned  to  the  state
university  health  care  account; provided, however, that funds in such
contractual reserve account must be sufficient to meet  the  obligations
of all such contracts.
  8-b.  Notwithstanding  the provision of any law, rule or regulation to
the contrary, the state university shall be entitled to annually receive
an apportionment and payment of state assistance  equal  to  all  moneys
derived  as  a  result  of  the  tuition  increase,  calculated  as  the
difference in the amount generated using the tuition rates authorized by
the state university trustees for the two thousand  seven--two  thousand
eight  academic  year  and  the amount generated using the tuition rates
authorized by state university trustees for the two  thousand  nine--two
thousand  ten academic year, pursuant to the following schedule: for the
two thousand nine--two thousand ten academic year, the state  university
shall  receive  an  amount  equal  to  twenty  percent  of  such tuition
increase; for the two thousand ten--two thousand eleven  academic  year,
the  state university shall receive an amount equal to thirty percent of
such tuition increase; for the two thousand eleven--two thousand  twelve
academic  year,  the  state  university shall receive an amount equal to
forty percent of  such  tuition  increase;  and  for  the  two  thousand
twelve--two  thousand thirteen academic year, the state university shall
receive an amount equal to fifty percent of such tuition increase.  Such
apportionment  shall  be  for  the  enhanced  investment  in  the  state
university of the state of New York and shall be used to supplement, not
supplant, state gross general fund support, unless the director  of  the
budget  determines that state fiscal conditions preclude such an outcome
and, in which case, the director shall submit  a  report  regarding  the
recommended   funding   levels   and   whether   the   tuition  increase
apportionment provisions of this subdivision have been complied with for
the state university of the state of New  York  to  the  chairs  of  the
senate  finance  committee and the assembly ways and means committee and
the chairs of the senate higher education  committee  and  the  assembly
higher  education  committee  no  later  than fifteen days following the
release of the executive budget.
  9. Notwithstanding any other provision  of  this  section,  the  state
university trustees may assign to the state university construction fund
for  the corporate purposes of the fund all or any portion of any moneys
received  or  to  be  received  by  the  state  university  and  by  the
state-operated institutions which are not required by a donor or grantor
to be used for other state university purposes.
  10.   The   state   university   trustees   may  authorize  the  chief
administrative officer of each medical center of  the  state  university
operating  in-patient  or  out-patient  hospital  facilities  or  clinic
facilities to compromise any claim which the state may  have  for  care,

maintenance  or  treatment  received  or  furnished  to patients in such
facilities, in proper cases, where  substantial  justice  will  best  be
served  thereby.  Any  such  compromise  shall  be  subject to the prior
written approval of the attorney general.
  11.  Notwithstanding  any  provision of law, rule or regulation to the
contrary,  the  state  university  trustees  may  authorize  the   chief
administrative  officer  of  each medical center of the state university
operating  in-patient  or  out-patient  hospital  facilities  or  clinic
facilities  to  establish  a  system for the billing of patients for the
care, maintenance or treatment received or furnished to patients in such
facilities, which in proper cases or in the exercise of  prudent  fiscal
discretion  may  allow  for  the  payment  of such charges by means of a
credit card or similar device. Such system may allow for the payment  of
such  reasonable  administrative  fees  as may be regularly imposed by a
banking institution or other credit service organization for the use  of
such   credit   devices.   In   establishing   such   system  the  chief
administrative  officer  shall  seek  the  assistance   of   the   state
comptroller  who  shall assist in developing such system so as to ensure
that state funds allocated to such medical centers shall be utilized  in
an economically feasible method.
  12.  The  state comptroller, or a legally authorized representative of
the state comptroller, may accept from the state university in  lieu  of
an  examination of the books and accounts of state university, including
its receipts and disbursements and any other  matters  relating  to  its
financial  standing,  an  external examination of its books and accounts
made at the request of state university.
  13. Master capital plan. On or before November fifteenth of each year,
the trustees of the state university  of  New  York  shall  approve  and
submit  to the chairmen of the assembly ways and means committee and the
senate finance committee and to the director  of  the  budget  a  master
capital  plan  setting  forth  the  projects proposed to be constructed,
reconstructed, rehabilitated or otherwise substantially altered pursuant
to appropriations enacted or to be enacted during  the  succeeding  five
years.  Such plan shall specify the name, location, estimated total cost
at the time the project is to be bid, the anticipated date or  dates  on
which  the design of such project is to commence, the proposed method of
financing and the estimated economic life of  each  project.  Such  plan
shall   further   specify   whether  proposed  projects  constitute  new
construction, substantial  rehabilitation,  moderate  rehabilitation  or
minor   rehabilitation   and   shall   indicate   how  projects  support
improvements  in   environmental   protection,   energy   and   resource
management, solar energy and conservation. Such criteria for each method
of  financing  shall  include, but not be limited to: (i) an analysis of
private  enterprise,  federal  and  any  other   appropriate   financing
standards,  (ii)  the  consideration  of  the period of economic life of
projects as related to the method of financing, and (iii)  project  cost
ranges  for  the  methods  of  financing.  Such  plan  specification and
categories  of  construction  shall  be  defined  by  the  trustees,  in
consultation with the state university construction fund.
  Such  capital  master plan report shall also include, for each project
over  one-million  dollars,  a  description  of  the  project;  expected
construction start date; any changes to the previously reported start or
expected  completion  dates;  any  changes  to  the expected cost of the
project; the total cash encumbered for the project for the year and  the
total  to  date  for  the  project;  and the total cash expended for the
project for the year and the total to date for the project.
  All projects  that  are  reported  under  this  subdivision  shall  be
identified  by  campus,  the name of the specific facility for which the

allocation is provided and a description of what the project is that  is
being provided.
  14.  Notwithstanding  the  provisions of any general, special or local
law or charter, the state university trustees shall prepare or cause  to
be  prepared  a  development  and  operation plan for a state university
athletic facility, as defined in section sixteen hundred eighty-e of the
public authorities law. Such development and  operation  plan  shall  be
submitted  to the director of the budget for approval not later than the
fifteenth day of September of the fiscal year of the state. The director
of the budget shall file a copy of such plan and approval  thereof  with
the  chairpersons  of the senate finance committee and the assembly ways
and means  committee.  No  proposed  amendment  to  the  plan  shall  be
effective  until submitted by the state university trustees and approved
by, the director of the budget  and  filed  by  the  director  with  the
chairpersons  of  the senate finance committee and the assembly ways and
means committee.
  Such development and operation plan shall include, but not be  limited
to, provisions concerning the following:
  (a) revenue and expense estimates for the succeeding three year period
commencing  in the year of the completion of construction and beneficial
occupancy of the state university athletic facility;
  (b) the sources of revenues that are projected to be available to meet
all costs of the operation, repair, maintenance and  continuing  use  of
the  state university athletic facility, and any net income remaining to
cover subsequent annual debt service expenses, and evidence satisfactory
to the state university of New York and the director of the budget that,
consistent with university and  community  use  as  set  forth  in  this
section,  revenues  will  be maximized and available when needed for the
state university athletic facility; and
  (c) plans for the  development,  operation,  repair,  maintenance  and
continuing use of the state university athletic facility under the care,
custody,  and  management of the state university to include, but not be
limited to, athletic competition of the state university of New York  at
Buffalo,  amateur  sports,  appropriate community events, and activities
that generate support for facility operations.
  15. State university fiscal year.  Notwithstanding  any  provision  of
this  chapter,  the state finance law, or any other law to the contrary,
on and after the first day of July, nineteen hundred  ninety-three,  the
fiscal year of the state university of New York, for the purposes of the
budget,  appropriations,  receipts and disbursements of state moneys and
all other revenues of the state university, financial reporting, and all
other affairs of the state university which are regulated in  accordance
with  or  are  based on a fiscal year, shall begin with the first day of
July  and  end  with  the  next  following  thirtieth   day   of   June.
Appropriations made for the state university for whatever purpose on the
basis  of  the  state  university fiscal year which at the close of such
fiscal  year  shall  cease  to  have  force  and  effect  except  as  to
liabilities  already  incurred  thereunder  shall as to such liabilities
continue in force and effect until the next succeeding thirtieth day  of
September,  on  which  date  such appropriation shall lapse and no money
shall thereafter be paid out of the state treasury or any of  its  funds
or any of the funds under its management pursuant to such appropriation.
  16. Subject to laws and regulations applicable to the state university
as a health care provider the state university trustees may:
  a.  Notwithstanding  section  one  hundred  sixty-three  of  the state
finance law, authorize contracts for  a  state  university  health  care
facility  for participation in managed care networks and other joint and
cooperative arrangements with public, non-profit  or  business  entities

including  entering  into  a  maximum of twenty network arrangements per
year, as partners, joint ventures, sole member or members of  non-profit
or  for-profit  corporations,  sole  member  or members of non-profit or
for-profit   limited  liability  companies,  as  lessor  or  lessee,  as
participants in joint operating agreements, and shareholders of business
corporations,  and  the  provision  of  management  and   administrative
services  by  or  for state university; provided, however, that any such
contracts  with  for-profit  entities  shall  be  authorized  only  upon
approval  by the commissioner of health and the director of the division
of the budget of a request by  the  chancellor  demonstrating  financial
need  of  a  state university health care facility. Any contract for the
provision of management services shall be subject to  any  provision  of
the  public  health  law  and health regulations applicable to the state
university as a health  care  provider,  including  any  review  by  the
commissioner  of  health  pursuant  to  10  NYCRR  section  405.3(f). In
addition, the commissioner of health shall provide  for  public  comment
within  thirty  days of a submission of any management contract required
to be reviewed pursuant to regulation. The trustees may  also  authorize
contracts, including capitation contracts, for a state university health
care  facility  for the provision of general comprehensive and specialty
health care services, directly or through contract  with  other  service
providers  or entities, including state university employees or entities
comprised thereof. Contracts authorized hereunder shall be:
  (1) consistent  with  trustee  guidelines  respecting  all  terms  and
conditions necessary and appropriate for managed care and other network,
joint  or cooperative arrangements, including guidelines for comparative
review where appropriate;
  (2) subject to laws and regulations applicable to the state university
as  a  health  care  provider,  including  with  respect  to  rates  and
certificates of need; and
  (3)  subject  to  article  fourteen  of  the civil service law and the
applicable provisions of  agreements  between  the  state  and  employee
organizations pursuant to article fourteen of the civil service law.
  * b.  Notwithstanding the provisions of subdivision two of section one
hundred twelve of the state finance law, subdivision six of section  one
hundred  sixty-three of the state finance law and section sixty-three of
the executive law (i) authorize contracts for the purchase of goods  for
state  university  health  care facilities without prior approval by any
other state officer or agency, including contracts for  joint  or  group
purchasing  arrangements  of  goods,  in  accordance with procedures and
requirements found in paragraph a of subdivision five of  this  section,
and   (ii)   authorize  contracts  for  services  which  do  not  exceed
seventy-five thousand dollars without prior approval by any other  state
officer  or  agency in accordance with procedures and requirements found
in paragraph a of subdivision five of this section. Contracts authorized
pursuant to this paragraph shall be subject to article fourteen  of  the
civil  service  law  and the applicable provisions of agreements between
the state and employee organizations pursuant to article fourteen of the
civil service law.
  The trustees are authorized  to  negotiate  annually  with  the  state
comptroller increases in the aforementioned dollar limits.
  * NB Effective until June 30, 2026
  * b.  Notwithstanding the provisions of subdivision two of section one
hundred twelve of the state finance law relating to the dollar threshold
requiring the comptroller's approval of contracts and subdivision six of
section one hundred sixty-three of  the  state  finance  law,  authorize
contracts  for  the  purchase of goods and services for state university
health care facilities:
  (1) for any contract  which  does  not  exceed  seventy-five  thousand
dollars; or
  (2)  for  joint  or  group purchasing arrangements which do not exceed
seventy-five thousand dollars without prior approval by any other state,
officer or agency in accordance with procedures and  requirements  found
in paragraph a of subdivision five of this section.
  (3)  contracts  authorized  hereunder  shall  be  subject  to  article
fourteen of the civil service  law  and  the  applicable  provisions  of
agreements  between  the  state  and  employee organizations pursuant to
article fourteen of the civil service law.
  The trustees are authorized  to  negotiate  annually  with  the  state
comptroller increases in the aforementioned dollar limits.
  * NB Effective June 30, 2026
  c.  Authorize  contracts  for  the  acquisition,  by  purchase, lease,
sublease, transfer of jurisdiction or otherwise, of facilities  suitable
for  the  delivery  of  health  care  services and for the construction,
repair, maintenance, equipping, rehabilitation or  improvement  thereof.
Such  contracts  shall be subject to approval by the attorney general as
to form and by the director of the budget  and  the  state  comptroller.
Contracts  under this paragraph shall be funded from any moneys lawfully
available for the expenses of the health care facilities.
  17. Investigation of crimes and crime reporting.    a.  The  board  of
trustees of the state university of New York shall adopt rules requiring
that  each  institution  of  the  state university, on or before January
first, two thousand, adopt  and  implement  a  plan  providing  for  the
investigation  of  any  violent  felony  offense  occurring at or on the
grounds of each such institution, and providing for the investigation of
a report of any missing  student.  Such  plans  shall  provide  for  the
coordination  of the investigation of such crimes and reports with local
law enforcement agencies. Such plans shall include, but not  be  limited
to,  written  agreements with appropriate local law enforcement agencies
providing for the prompt investigation of such crimes and reports and  a
requirement  that  the  institution  shall  notify  the  appropriate law
enforcement agency as soon as practicable  but  in  no  case  more  than
twenty-four  hours  after a report of a violent felony or that a student
who resides in housing owned or operated by such institution is missing;
provided that each institution shall: (1) inform each victim of a sexual
offense of their options to notify proper law  enforcement  authorities,
including  on-campus and local police; (2) inform the victim of a sexual
offense of the right to report or not to report such  offense  to  local
law  enforcement  agencies;  and  (3) offer the option to be assisted by
campus authorities in notifying  such  authorities,  if  the  victim  of
sexual  assault  so  chooses,  all in compliance with applicable federal
law, including, but not limited to, the federal  Campus  Sexual  Assault
Victims' Bill of Rights under Title 20 U.S. Code Section 1092(f).
  b.  As  used  in  this subdivision, the following terms shall have the
following meanings:
  (i) "Local law enforcement agencies"  means  any  agency  or  agencies
employing  peace  officers or police officers for the enforcement of the
laws of the state, and which has or have jurisdiction  under  provisions
of  the  criminal  procedure  law  over  offenses occurring at or on the
grounds  of  any  institution  subject  to  the   provisions   of   this
subdivision.
  (ii)  "Missing student" means any student of an institution subject to
the provisions of this subdivision, who resides in a facility  owned  or
operated  by such institution and who is reported to such institution as
missing from his or her residence.
  (iii) "Violent felony offense"  means  a  violent  felony  offense  as
defined in subdivision one of section 70.02 of the penal law.
  18.  Scholarships  for academic achievement. a. (1) Beginning with the
two  thousand--two  thousand   one   academic   year   and   thereafter,
scholarships  for  academic  achievement  shall  be awarded to full-time
students completing their sophomore and junior years  of  study  at  all
state  university  state  operated  campuses.  Two thousand five hundred
scholarships shall be awarded to students in the junior  year  of  study
and  two thousand five hundred scholarships shall be awarded to students
in the senior year of study.
  (2) Scholarships made to students in the junior year shall be  to  the
two  thousand  five  hundred  students with the highest cumulative grade
point average at the end of such students sophomore year of  study.  Any
student  receiving  such  award  shall  be a New York state resident and
shall have a minimum grade point average of 3.5. Such scholarship  shall
be  awarded  at  the  beginning of the spring semester of such student's
junior year.
  (3) Scholarships made to students in the senior year will  be  to  the
two  thousand  five  hundred  students with the highest cumulative grade
point average at the end of such students' junior  year  of  study.  Any
student  receiving  such  award  shall  be a New York state resident and
shall have a minimum grade point average of 3.5. Such scholarship  shall
be  awarded  at  the  beginning of the spring semester of such students'
senior year.
  b. Each individual state university of New York state operated  campus
shall  receive  no  more  than  its  pro  rata  share of awards than the
percentage of such university's juniors and  seniors  represent  of  the
entire system enrollment in the junior and senior classes.
  c.  Upon  determination  of  the  recipients of the annual awards, the
chancellor shall notify the members of  the  state  legislature  of  all
recipients  who permanently reside within the district that such members
represent.
  19. The state university of New York shall provide the chairs  of  the
assembly  ways and means committee and the senate finance committee with
the formula and/or methodology used in determining state aid allocations
to  state  university  of  New  York   state   operated   campuses   and
university-wide  programs  and  the  specific  budget allocation to each
campus and university-wide program based on the  overall  funding  level
for state-operated campuses and university-wide programs included within
the  executive  budget  submission  for the state university of New York
within forty-five days after the submission of the executive budget  and
within thirty days after the enactment of the state budget.
  20.  The  state  university  trustees shall adopt rules requiring that
each institution of the state  university  of  New  York  adopt  written
policies  requiring that all public single-occupancy bathroom facilities
be designated as gender neutral for use by no more than one occupant  at
a  time  or  for  family  or  assisted use. Such gender neutral bathroom
facilities shall be clearly designated by the posting of such on or near
the  entry  door  of  each  facility.  For  purposes  of  this  section,
"single-occupancy bathroom" shall have the same meaning as paragraph (d)
of  subdivision  one  of  section  one  hundred forty-five of the public
buildings law.
  * 21. The state university trustees shall  adopt  a  policy  requiring
that  each  institution  of the state university of New York collaborate
with students, faculty and staff to encourage campuses to eliminate  the
use of certain plastic items generally recognized by the public as being
designed  for  single use. Such plastic items may include, but shall not
be limited to,  tableware,  straws,  stirrers,  cups  and  food  service

containers.  In  establishing such a policy, the trustees shall consider
the following:
  a. the availability of affordable alternatives;
  b.  the  accessibility  of  alternatives to all students, faculty, and
staff;
  c. an evaluation of the effectiveness of reusable alternatives; and
  d. benchmarks for assessing progress.
  * NB Effective January 31, 2022