§ 355 — Powers and duties of trustees--administrative and fiscal functions

New York § 355

• Jurisdiction: New York
• Law EDN: Education
• Title 1: General Provisions Article 1 Short Title and Definitions (§§
• Art. 8: State University and State Financial Assistance For Higher Education

Text

§ 355. Powers and duties of trustees--administrative and fiscal\nfunctions. 1. Subject to the provisions of the plan or general revision\nthereof proposed by the state university trustees as approved by the\nregents pursuant to section two hundred thirty-seven of this chapter,\nthe state university trustees shall be responsible for:\n a. The over-all central administration, supervision and coordination\nof state-operated institutions and the general supervision and\ncoordination of the statutory or contract colleges in the state\nuniversity.\n b. The supervision and coordination of state-aided programs in\ninstitutions providing higher education pursuant to the provisions of\nsection three hundred fifty-eight hereof.\n c. The approval of the establishment of community colleges and four\nyear colleges authorized by article one hundred twenty-six of this\nchapter, in conformance with the master plan; the provision of standards\nand regulations covering the organization and operation of their\nprograms, courses and curricula, financing arrangements, state financial\nassistance, tuition charges and fees, and such other matters as may be\ninvolved in the operation of such colleges.\n d. The establishment of health and medical centers, four year liberal\narts colleges, professional and graduate schools, research centers and\nother facilities, as provided in this article.\n e. The approval of the appointment of the head of each statutory or\ncontract college and community college by the respective boards of\ntrustees or other governing bodies of such institutions.\n f. The promotion of and participation in inter-institutional\narrangements among independent and public institutions of higher\neducation and health care facilities and providers and other\nhealth-related organizations on a geographical or topical basis to\nencourage responsible and cost effective use of facilities and academic\nand health care resources for the enhancement and enrichment of\neducational experiences and opportunities and promoting high quality\nhealth care services in support of the state university's educational\nmission.\n 2. The state university trustees are further authorized and empowered,\nsubject to the provisions of the plan or general revisions thereof\nproposed by the state university trustees as approved by the regents\npursuant to section two hundred thirty-seven of this chapter:\n * a. To take, hold and administer on behalf of the state university or\nany institution therein, real and personal property or any interest\ntherein and the income thereof either absolutely or in trust for any\neducational or other purpose within the jurisdiction and corporate\npurposes of the state university. The trustees may acquire property for\nsuch purposes by purchase, appropriation or lease and by the acceptance\nof gifts, grants, bequests and devises, and, within appropriations made\ntherefor, may equip and furnish buildings and otherwise improve property\nowned, used or occupied by the state university or any institution\ntherein. The trustees may acquire property by the acceptance of\nconditional gifts, grants, devises or bequests, the provisions of\nsection eleven of the state finance law notwithstanding. Where real\nproperty is to be acquired by purchase or appropriation, such\nacquisition shall be in accordance with the provisions of section three\nhundred seven of this chapter except that the powers and duties in said\nsection mentioned to be performed by the commissioner shall be performed\nby the state university trustees. The provisions of section three of the\npublic lands law notwithstanding, the trustees may provide for the lease\nof state-owned real property under the jurisdiction of the state\nuniversity that is part of a tax-free NY area approved pursuant to\narticle twenty-one of the economic development law, in such manner and\nupon such terms as the trustees shall determine, provided such lease is\nconsistent with the approved plan for such tax-free NY area.\n * NB Effective until June 30, 2026\n * a. To take, hold and administer on behalf of the state university or\nany institution therein, real and personal property or any interest\ntherein and the income thereof either absolutely or in trust for any\neducational or other purpose within the jurisdiction and corporate\npurposes of the state university. The trustees may acquire property for\nsuch purposes by purchase, appropriation or lease and by the acceptance\nof gifts, grants, bequests and devises, and, within appropriations made\ntherefor, may equip and furnish buildings and otherwise improve property\nowned, used or occupied by the state university or any institution\ntherein. Where real property is to be acquired by purchase or\nappropriation, such acquisition shall be in accordance with the\nprovisions of section three hundred seven of this chapter except that\nthe powers and duties in said section mentioned to be performed by the\ncommissioner of education shall be performed by the state university\ntrustees.\n * NB Effective June 30, 2026\n b. To make and establish and from time to time alter and amend such\nrules and regulations, not inconsistent with law, for the government of\nthe state university and the institutions therein.\n c. To provide for the care, custody and management of the lands,\ngrounds, structures, buildings, equipment and facilities of the state\nuniversity and the institutions therein.\n d. To visit and inspect the institutions in the state university, and\nto distribute to or expend or administer for them such property and\nfunds as the state may appropriate therefor, or as the state university\ntrustees may hold in trust, or as may otherwise come into their\npossession.\n e. To merge any higher educational corporation into the state\nuniversity with the approval of the governing body of such corporation\nand statutory approval of the legislature. Any higher educational\ncorporation is authorized and empowered to merge into the state\nuniversity. Upon the approval of an agreement of merger by the board of\nregents and subsequent statutory approval by the legislature, and the\nfiling thereof with the regents, the merger shall be deemed complete and\nall the right, title and interest in real property held by such merged\nhigher educational corporation shall vest in and be held and enjoyed by\nthe people of the state of New York and all the other estate, property,\nrights, privileges and franchises of such merged higher educational\ncorporation shall vest in and be held and enjoyed by the state\nuniversity, as fully and entirely and without change or diminution as\nthe same were before held and enjoyed by such merged corporation, and be\nmanaged and controlled by the state university, but subject to all\nliabilities and obligations of such merged corporation and the rights of\nall creditors thereof; except that the state university shall not\nthereby acquire power to engage in any activity or to exercise any\nright, privilege or franchise of a kind which it could not otherwise\nlawfully engage in or exercise. The state university shall cause a copy\nof the agreement of merger, certified by the board of regents to be a\ntrue and correct copy of the original filed in their office, to be filed\nin the office of the secretary of state and in the office of the clerk\nof the county in which the certificate of incorporation of the merged\ncorporation was filed, in each case in which the certificate of\nincorporation of the merged corporation was filed in the office of the\nsecretary of state; and shall cause a like copy of the merger agreement\nwith the certificate of the board of regents to be recorded in the\noffice of the recording officer of each county in which is located any\nreal property in or to which the merged corporation had any right, title\nor interest at the time of the merger; and it shall be the duty of each\nsuch recording officer to record such copy and certificate in his office\nin the books used for the recording of deeds and to index the same\nagainst the merged corporation as grantor and the people of the state of\nNew York as grantees. Neither the secretary of state nor the county\nclerk or the recording officer of any county shall be entitled to demand\nor collect any fee for filing or recording any such copy of an agreement\nof merger.\n f. To grant all degrees, diplomas and certificates which heretofore\nhave been granted or have been authorized to be granted upon the\ncompletion of courses of study in any state-operated institution which\nnow is or hereafter may be in the state university, prior to the\nacquisition of such institution by the state university, and also such\nother degrees as the regents may hereafter specifically authorize them\nto grant. In testimony thereof the state university trustees may give\nsuitable diplomas or certificates under the state university seal\nincluding honorary degrees. Every diploma or certificate so granted\nshall entitle the conferee to all privileges and immunities which by\nusage or statute are allowed for similar diplomas or certificates of\ncorresponding grade granted by any institution of learning.\n f-1. Notwithstanding any law, rule or regulation to the contrary, the\nstate university of New York board of trustees shall pass a resolution\nby June first, two thousand fifteen, to develop a plan to make available\nto students enrolled in an academic program of the state university of\nNew York beginning in the two thousand sixteen--two thousand seventeen\nacademic year, approved experiential or applied learning activities.\nSuch experiential or applied learning activities may include completion\nof activities related to students' program of study, including, but not\nlimited to, service-learning activities completed as part of a course,\npaid or unpaid internships, faculty-supervised undergraduate projects\nand activities leading to publication of research in journals or similar\npublications, production or performance of creative works, and iterative\n"co-op" partnerships that explicitly link the curricula to a temporary,\npaid position in industry or the public sector. Such plan, to be\ncompleted by June first, two thousand sixteen, shall be developed in\nconsultation with university faculty senate, the faculty council of\ncommunity colleges, the SUNY student assembly, and other stakeholders.\nSuch plan shall define approved experiential or applied learning\nactivities, methods of faculty oversight and assessment,\nresponsibilities of business, corporate, non-profit or other entities\nhosting students, and include a requirement for collecting and reporting\ndata associated with such experiential or applied learning activities.\nSuch plan shall have each college examine the feasibility of including\nsuch experiential or applied learning activities as a degree\nrequirement. Such college shall examine its ability to administer and\nprovide such opportunities to students; the local community's capacity\nto support such experiential or applied learning activities; the impact\nsuch requirement would have on the local workforce, if any; potential\nfor such a requirement to enhance learning outcomes for students; and\nwhether adding such a requirement would cause potential delays in\ngraduation for students.\n f-2. Notwithstanding any law, rule or regulation to the contrary, the\nstate university of New York board of trustees shall establish a policy\nauthorizing state-operated institutions and community colleges within\nthe state university to grant posthumous degrees to enrolled\nmatriculated students whose death occurs prior to graduation. Such\npolicy shall provide that, upon terms set in the policy, any remaining\ncredit requirements shall be waived for any student who dies and who\notherwise would have been eligible for graduation had they been able to\ncomplete their academic career.\n f-3. Notwithstanding any law, rule or regulation to the contrary, the\nstate university of New York board of trustees shall, by June first, two\nthousand twenty-five, develop a plan to make available to students\nenrolled in an academic program of the state university of New York\nbeginning in the two thousand twenty-five--two thousand twenty-six\nacademic year, approved experiential or applied learning activities, as\ndefined in paragraph f-1 of this subdivision. Such plan shall be\ndeveloped in consultation with university faculty senate, the faculty\ncouncil of community colleges, the university student assembly, and\nother stakeholders. Such plan shall define approved experiential or\napplied learning activities, methods of faculty oversight and\nassessment, responsibilities of business, corporate, non-profit or other\nentities hosting students, and include a requirement for collecting and\nreporting data associated with such experiential or applied learning\nactivities. Such plan shall have each college examine the feasibility of\nincluding such experiential or applied learning activities as a degree\nrequirement. Such college shall examine its ability to administer and\nprovide such opportunities to students; the local community's capacity\nto support such experiential or applied learning activities; the impact\nsuch requirement would have on the local workforce, if any; potential\nfor such a requirement to enhance learning outcomes for students; and\nwhether adding such a requirement would cause potential delays in\ngraduation for students.\n g. To appoint the head of each state-operated institution in the state\nuniversity upon the recommendation made to them by the council of such\ninstitution in accordance with the rules and standards established by\nthe state university trustees; or if such recommendation is not made or\ndoes not comply with such rules and standards, then to make such\nappointment as is by them deemed necessary; to prescribe the functions,\npowers, and duties of the head of each such institution; and to appoint\nor provide for the appointment of the members of the instructional and\nadministrative staffs, and such other employees as may be necessary, at\neach state-operated institution upon the recommendation of the head\nthereof and prescribe or provide for the prescription of their duties.\n h. To regulate the admission of students, prescribe the qualifications\nfor their continued attendance, regulate tuition charges where no\nprovision is otherwise made therefor by law, and regulate other fees and\ncharges, curricula and all other matters pertaining to the operation and\nadministration of each state-operated institution in the state\nuniversity.\n (1) Notwithstanding the provisions of any other general, special or\nlocal law, rule or regulation, such regulations may permit persons sixty\nyears of age or over to audit courses given therein without tuition,\nexamination, grading or credit therefor upon a space available basis, as\ndetermined by the president of each such institution, provided that such\naudit attendance does not deny course attendance at a state-operated\ninstitution by an individual who is otherwise qualified under the\nregulations promulgated pursuant to this section.\n (2) Such regulations shall also provide that upon request by a student\nwho is an eligible veteran the payment of tuition and other fees and\ncharges, less the amounts payable for such purposes from scholarships or\nother financial assistance awarded said veteran pursuant to article\nthirteen of this chapter, article one hundred thirty of this chapter or\nany other state or federal aid program, shall be deferred in such\namounts and until such times as the several payments of veterans'\nbenefits under the Veterans' Readjustment Benefit Act of 1966, as\namended, are received by the veteran, provided that the veteran has\nfiled a claim for such benefits and presents to the state university\nproof of eligibility, extent of entitlement to benefits and the need for\ndeferral until the receipt of such benefits.\n (3) (i) Such regulations shall further provide that the payment of\ntuition and fees by any student in any state-operated institution of the\nstate university who is a member or the spouse or the dependent of a\nmember of the armed forces of the United States on full-time active duty\nand stationed in this state, whether or not a resident of the state,\nshall be paid at a rate or charge no greater than that imposed for\nstudents thereat who are residents of this state.\n (ii) Such regulations shall further provide that the payment of\ntuition and fees by any student who is not a resident of New York state\nshall be paid at a rate or charge no greater than that imposed for\nstudents who are residents of the state if such student is enrolled in\nan institution or educational unit of the state university and is\nattending such institution or educational unit in accordance with the\nfederal GI bills and in compliance with all applicable eligibility\nrequirements thereof.\n (iii) Such regulations shall further provide that the payment of\ntuition and fees by any student who is not a resident of New York state\nshall be paid at a rate or charge no greater than that imposed for\nstudents who are residents of this state if such student is enrolled in\nan institution or educational unit of the state university and is the\nspouse or the dependent of a member of the armed forces of the United\nStates on full-time active duty and not stationed in this state\nimmediately following being stationed therein.\n (3-a) Notwithstanding the provisions of any other general, special or\nlocal law, rule or regulation, the state university trustees shall be\nauthorized to set a reduced rate of tuition and/or fees, or to waive\ntuition and/or fees entirely, for students participating in any dual or\nconcurrent enrollment program with no reduction in other state, local,\nor other support for such students earning college credit that such\nhigher education partner would otherwise be eligible to receive;\nprovided that, for purposes of this provision, a dual or concurrent\nenrollment program shall mean one or more college courses taken by a\nhigh school student through a state-operated institution while such\nstudent is still enrolled in high school or boards of cooperative\neducational services and for which the student may receive both high\nschool and college credit.\n * (4) The trustees shall not impose a differential tuition charge\nbased upon need or income. Except as hereinafter provided, all students\nenrolled in programs leading to like degrees at state-operated\ninstitutions of the state university shall be charged a uniform rate of\ntuition except for differential tuition rates based on state residency.\nProvided, however, that the trustees may authorize the presidents of the\ncolleges of technology and the colleges of agriculture and technology to\nset differing rates of tuition for each of the colleges for students\nenrolled in degree-granting programs leading to an associate degree and\nnon-degree granting programs so long as such tuition rate does not\nexceed the tuition rate charged to students who are enrolled in like\ndegree programs or degree-granting undergraduate programs leading to a\nbaccalaureate degree at other state-operated institutions of the state\nuniversity of New York. Notwithstanding any other provision of this\nsubparagraph, the trustees may authorize the setting of a separate\ncategory of tuition rate, that shall be greater than the tuition rate\nfor resident students and less than the tuition rate for non-resident\nstudents, only for students enrolled in distance learning courses who\nare not residents of the state. Except as otherwise authorized in this\nsubparagraph, the trustees shall not adopt changes affecting tuition\ncharges prior to the enactment of the annual budget, provided however\nthat:\n (i) Commencing with the two thousand eleven--two thousand twelve\nacademic year and ending in the two thousand fifteen--two thousand\nsixteen academic year the state university of New York board of trustees\nshall be empowered to increase the resident undergraduate rate of\ntuition by not more than three hundred dollars over the resident\nundergraduate rate of tuition adopted by the board of trustees in the\nprior academic year, provided however that commencing with the two\nthousand eleven--two thousand twelve academic year and ending in the two\nthousand sixteen--two thousand seventeen academic year if the annual\nresident undergraduate rate of tuition would exceed five thousand\ndollars, then a tuition credit for each eligible student, as determined\nand calculated by the New York state higher education services\ncorporation pursuant to section six hundred eighty-nine-a of this title,\nshall be applied toward the tuition charged for each semester, quarter\nor term of study. Tuition for each semester, quarter or term of study\nshall not be due for any student eligible to receive such tuition credit\nuntil the tuition credit is calculated and applied against the tuition\ncharged for the corresponding semester, quarter or term.\n (ii) Commencing with the two thousand seventeen--two thousand eighteen\nacademic year and ending in the two thousand twenty--two thousand\ntwenty-one academic year the state university of New York board of\ntrustees shall be empowered to increase the resident undergraduate rate\nof tuition by not more than two hundred dollars over the resident\nundergraduate rate of tuition adopted by the board of trustees in the\nprior academic year, provided, however that if the annual resident\nundergraduate rate of tuition would exceed five thousand dollars, then a\ntuition credit for each eligible student, as determined and calculated\nby the New York state higher education services corporation pursuant to\nsection six hundred eighty-nine-a of this title, shall be applied toward\nthe tuition charged for each semester, quarter or term of study. Tuition\nfor each semester, quarter or term of study shall not be due for any\nstudent eligible to receive such tuition credit until the tuition credit\nis calculated and applied against the tuition charged for the\ncorresponding semester, quarter or term. Provided, further that the\nrevenue resulting from an increase in the rate of tuition shall be\nallocated to each campus pursuant to a plan approved by the board of\ntrustees to support investments in new classroom faculty, instruction,\ninitiatives to improve student success and on-time completion and a\ntuition credit for each eligible student.\n (iii) On or before November thirtieth, two thousand seventeen, the\ntrustees shall approve and submit to the chairs of the assembly ways and\nmeans committee and the senate finance committee and to the director of\nthe budget a master tuition plan setting forth the tuition rates that\nthe trustees propose for resident undergraduate students for the four\nyear period commencing with the two thousand seventeen--two thousand\neighteen academic year and ending in the two thousand twenty--two\nthousand twenty-one academic year, and shall submit any proposed\namendments to such plan by November thirtieth of each subsequent year\nthereafter through November thirtieth, two thousand twenty, and provided\nfurther, that with the approval of the board of trustees, each\nuniversity center may increase non-resident undergraduate tuition rates\neach year by not more than ten percent over the tuition rates of the\nprior academic year for a six year period commencing with the two\nthousand eleven--two thousand twelve academic year and ending in the two\nthousand sixteen--two thousand seventeen academic year.\n (iv) Beginning in state fiscal year two thousand twelve-two thousand\nthirteen and ending in state fiscal year two thousand fifteen--two\nthousand sixteen, the state shall appropriate and make available general\nfund operating support, including fringe benefits, for the state\nuniversity in an amount not less than the amount appropriated and made\navailable in the prior state fiscal year; provided, however, that if the\ngovernor declares a fiscal emergency, and communicates such emergency to\nthe temporary president of the senate and speaker of the assembly, state\nsupport for operating expenses at the state university and city\nuniversity may be reduced in a manner proportionate to one another, and\nthe aforementioned provisions shall not apply.\n (v) Beginning in state fiscal year two thousand seventeen--two\nthousand eighteen and ending in state fiscal year two thousand\ntwenty--two thousand twenty-one, the state shall appropriate and make\navailable general fund operating support, including fringe benefits, for\nthe state university in an amount not less than the amount appropriated\nand made available in the prior state fiscal year; provided, however,\nthat if the governor declares a fiscal emergency, and communicates such\nemergency to the temporary president of the senate and speaker of the\nassembly, state support for operating expenses at the state university\nand city university may be reduced in a manner proportionate to one\nanother, and the aforementioned provisions shall not apply; provided\nfurther, the state shall appropriate and make available general fund\nsupport to fully fund the tuition credit pursuant to subdivision two of\nsection six hundred sixty-nine-h of this title.\n (vi) For the state university fiscal years commencing two thousand\neleven--two thousand twelve and ending two thousand fifteen--two\nthousand sixteen, each university center may set aside a portion of its\ntuition revenues derived from tuition increases to provide increased\nfinancial aid for New York state resident undergraduate students whose\nnet taxable income is eighty thousand dollars or more subject to the\napproval of a NY-SUNY 2020 proposal by the governor and the chancellor\nof the state university of New York. Nothing in this paragraph shall be\nconstrued as to authorize that students whose net taxable income is\neighty thousand dollars or more are eligible for tuition assistance\nprogram awards pursuant to section six hundred sixty-seven of this\nchapter.\n * NB Effective until July 1, 2027\n * (4) The trustees shall not impose a differential tuition charge\nbased upon need or income. All students enrolled in programs leading to\nlike degrees at state-operated institutions of the state university\nshall be charged a uniform rate of tuition except for differential\ntuition rates based on state residency. Provided, however, that the\ntrustees may authorize the presidents of the colleges of technology and\nthe colleges of agriculture and technology to set differing rates of\ntuition for each of the colleges for students enrolled in\ndegree-granting programs leading to an associate degree and non-degree\ngranting programs so long as such tuition rate does not exceed the\ntuition rate charged to students who are enrolled in like degree\nprograms or degree-granting undergraduate programs leading to a\nbaccalaureate degree at other state-operated institutions of the state\nuniversity of New York. Notwithstanding any other provision of this\nsubparagraph, the trustees may authorize the setting of a separate\ncategory of tuition rate, that shall be greater than the tuition rate\nfor resident students and less than the tuition rate for non-resident\nstudents, only for students enrolled in distance learning courses who\nare not residents of the state. The trustees shall not adopt changes\naffecting tuition charges prior to the enactment of the annual budget.\n * NB Effective July 1, 2027\n (4-a) Notwithstanding any law, rule, regulation, or practice to the\ncontrary and following the review and approval of the chancellor of the\nstate university or his or her designee, the board of trustees may raise\nnon-resident undergraduate rates of tuition by not more than ten percent\nover the tuition rates of the prior academic year for the following\ndoctoral degree granting institutions of the state university of New\nYork: the state university of New York college of environmental science\nand forestry as defined in article one hundred twenty-one of this\nchapter, downstate medical center, upstate medical center, and the\ncollege of technology at Utica-Rome/state university polytechnic\ninstitute for a four year period commencing with the two thousand\ntwenty--two thousand twenty-one academic year and ending in the two\nthousand twenty-three--two thousand twenty-four academic year provided\nthat such rate change is approved annually prior to board of trustees\naction by the chancellor of the state university or his or her designee.\n (4-a-1) Notwithstanding any law, rule, regulation or practice to the\ncontrary and following the review and approval of the chancellor of the\nstate university or his or her designee, the board of trustees may\nannually impose differential tuition rates on non-resident undergraduate\nand graduate rates of tuition for state-operated institutions for a\nthree year period commencing with the two thousand twenty-three--two\nthousand twenty-four academic year and ending in the two thousand\ntwenty-five--two thousand twenty-six academic year, provided that such\nrates are competitive with the rates of tuition charged by peer\ninstitutions and that the board of trustees annually provide the reason\nand methodology behind any rate increase to the governor, the temporary\npresident of the senate, and the speaker of the assembly prior to the\napproval of such increases.\n (4-b) In state fiscal year two thousand twenty-two--two thousand\ntwenty-three and thereafter, the state shall appropriate and make\navailable general fund operating support in the amount of the tuition\ncredit calculated pursuant to section six hundred eighty-nine-a of this\nchapter annually.\n (5) The trustees shall further provide standards for the granting of\nadvanced standing to veterans applying for college admissions at the\nstate university, who have successfully completed United States Armed\nForces Institute or other comparable course work.\n (6) Where an undergraduate state-operated institution of the state\nuniversity is located adjacent to another institution of higher\neducation and students of such undergraduate state operated institution\nare, under arrangements made by the state university, taking a\nsubstantial portion of their courses at such other institution, the\nstate university trustees may permit the students of such undergraduate\nstate-operated institution, subject to such conditions or limitations as\nthey deem advisable, to participate in the extra-curricular activities\nand utilize services of such other institution if those privileges are\nextended by such other institution.\n (7) In formulating the curriculum of each state-operated institution\nin the state university for professional education in medicine there\nshall be required and included in such curriculum and in the plans and\nrecommendations of the state university trustees formulated and\ntransmitted in pursuance of the provisions of section three hundred\nfifty-four of this chapter, courses and facilities, which in the\njudgment of the trustees shall be best suited to encourage and to\nimplement the study and preparation, by students desiring the same, for\nthe family practice of medicine. Such courses and facilities shall\ninclude: the establishment and maintenance of a department of family\npractice under the direction of a qualified family practitioner, courses\nof study under the supervision of qualified family practitioners, a\nfamily care program of study and clinical experience, a program of\npreceptorships, and a program of internships or family practice\nresidencies in the hospital or hospitals affiliated with such respective\nschool.\n (8) Such regulations shall further provide that the payment of tuition\nand fees by any student who is not a resident of New York state, other\nthan a non-immigrant noncitizen within the meaning of paragraph (15) of\nsubsection (a) of section 1101 of title 8 of the United States Code,\nshall be paid at a rate or charge no greater than that imposed for\nstudents who are residents of the state if such student:\n (i) attended an approved New York high school for two or more years,\ngraduated from an approved New York high school and applied for\nattendance at an institution or educational unit of the state university\nwithin five years of receiving a New York state high school diploma; or\n (ii) attended an approved New York state program for general\nequivalency diploma exam preparation, received a general equivalency\ndiploma issued within New York state and applied for attendance at an\ninstitution or educational unit of the state university within five\nyears of receiving a general equivalency diploma issued within New York\nstate; or\n (iii) was enrolled in an institution or educational unit of the state\nuniversity in the fall semester or quarter of the two thousand one--two\nthousand two academic year and was authorized by such institution or\neducational unit to pay tuition at the rate or charge imposed for\nstudents who are residents of the state.\n A student without lawful immigration status shall also be required to\nfile an affidavit with such institution or educational unit stating that\nthe student has filed an application to legalize his or her immigration\nstatus, or will file such an application as soon as he or she is\neligible to do so.\n (9) The trustees shall review any proposed community college tuition\nincrease and the justification for such increase. The justification\nprovided by the community college for such increase shall include a\ndetailed analysis of ongoing operating costs, capital, debt service\nexpenditures, and all revenues.\n (10) Such regulations shall further provide that any student who is\nnot a legal resident of New York state but is a United States citizen, a\npermanent lawful resident, an individual who is granted U or T\nnon-immigrant status pursuant to the Victims of Trafficking and Violence\nProtection Act of 2000, a person granted temporary protected status\npursuant to the Federal Immigration Act of 1990, an individual of a\nclass of refugees paroled by the attorney general of the United States\nunder his or her parole authority pertaining to the admission of\nnoncitizens to the United States, or an applicant without lawful\nimmigration status may have the payment of tuition and other fees and\ncharges reduced by state-aided programs, scholarships or other financial\nassistance awarded under the provisions of articles thirteen,\nthirteen-A, fourteen and fourteen-A of this chapter, provided that the\nstudent meets the requirements set forth in subparagraph (ii) of\nparagraph a or subparagraph (ii) of paragraph b of subdivision five of\nsection six hundred sixty-one of this chapter, as applicable.\n * (11) (i) For purposes of this subparagraph, "Team USA athlete" means\nany student athlete who meets the eligibility standards defined and\napproved by the United States Olympic and Paralympic Committee and by\nthe national governing body for the sport in which the athlete competes.\n (ii) Notwithstanding the provisions of any other general, special or\nlocal law, rule or regulation and pursuant to an appropriation and\nfunding being made for such purpose, such regulations shall further\nprovide that the payment of tuition and fees by any student who is not a\nresident of New York state shall be paid at a rate or charge no greater\nthan that imposed for students who are residents of this state if such\nstudent is enrolled in an institution or educational unit of the state\nuniversity, is a Team USA athlete, and is training in New York State in\nan elite level program approved by the United States Olympic and\nParalympic Committee.\n * NB Effective July 1, 2026\n * NB There are 2 sbpar (11)'s\n * (11) Notwithstanding any law, rule or regulation to the contrary,\nsuch regulations shall provide for eligibility of admission for students\nwho have completed an online high school program which (i) has in excess\nof ten thousands students per year nationally complete such program,\n(ii) is located within the United States, and (iii) is accredited in\naccordance with paragraph four of appendix three hundred two of the Job\nCorps Policy and Requirements Handbook (Guidelines for the Ongoing\nQuality Monitoring of Job Corps High School Diploma (HSD) Programs), as\namended from time to time;\n * NB Effective March 5, 2026\n * NB There are 2 sbpar (11)'s\n i. To lease to alumni associations of institutions of the state\nuniversity a portion of the grounds occupied by any institution of the\nstate university, for the erection thereon of dormitories to be used by\nstudents in attendance at such institutions. The terms of any lease and\nthe character of the building to be erected shall be determined by the\nstate university trustees. Such lease, prior to its execution, shall be\nsubmitted to the attorney general for his approval as to its form,\ncontents and legal effect. Nothing contained in this paragraph shall\naffect the provisions of any lease heretofore executed by a board of\nvisitors of any state-operated institution pursuant to law. The state\nuniversity trustees may similarly enter into an agreement with an alumni\nassociation of an institution of the state university to furnish heat\nfrom a central heating plant to any dormitory erected by such alumni\nassociation. Any such dormitory shall not be subject to taxation for any\npurpose.\n j. To enter into a boundary line agreement for, on behalf of, and in\nthe name of the people of the state of New York whenever a mistake has\nbeen made or an honest dispute exists as to the location of the division\nline between land owned by the state, which is under the jurisdiction,\ncare, custody or control of the state university trustees, and adjoining\nland not owned by the state. Such an agreement shall fix and determine\nthe division line between such lands, subject to the approval of the\nattorney general as to form, content and manner of execution.\n k. To enlist and accept the cooperation of municipal authorities in\nobtaining the use of public buildings, lands, property and other\nfacilities, or portions thereof, under the jurisdiction of such\nmunicipal authorities, for the purposes of the state university. Such\nappropriate municipal authorities are hereby authorized to permit the\nuse of public buildings, lands, property and other facilities or\nportions thereof under their jurisdiction for the purposes of the state\nuniversity, with or without rental or other charges.\n l. To appoint university police officers who shall have the powers of\npolice officers and to remove such police officers at pleasure;\nprovided, however, that any person appointed a police officer must have\nsatisfactorily completed or complete within one year of the date of his\nappointment a course of law enforcement training approved by the\nmunicipal police training council in consultation with the university.\nIt shall be the duty of such police officers to preserve law and order\non the campuses and other property of the university, including any\nportion of a public highway which crosses or abuts such property.\nSubject to the approval of the chancellor, the president of each\nstate-operated campus of the state university shall enter into a written\nagreement with adjoining law enforcement agencies establishing protocols\nfor the exercise of authority by such university police officer\noff-campus, including mutual aid and assistance. Such written protocols\nshall not be deemed to supersede the authority of other police officers.\nThe provisions of this paragraph shall not apply to any of the state\ninstitutions and property referred to in section five thousand seven\nhundred nine of this chapter.\n m. To name and rename any state-operated institution of the state\nuniversity after consultation with its council.\n n. To enter into a contract with the board of education of a city or\nschool district in which a state-operated institution is located for the\neducation by such college, for such period of time as may be agreed\nupon, of all or part of the children of legal school age residing in\nsuch city or school district. A board of education in such a city or\nschool district is hereby authorized and empowered to enter into such\ncontracts with the state university trustees, subject to the approval of\nthe commissioner of education, and to perform all necessary acts to\ncarry out the purposes of this paragraph.\n o. To conduct or authorize the conduct of research and experiments at\nstate-operated institutions of the state university in the field or,\npursuant to agreements therefor, in industrial and commercial plants, in\nconnection with the educational programs of the state university,\nincluding projects involving the care, preservation, utilization and\nmanagement of natural resources and the disposition of crops and other\nproducts incidental thereto.\n p. To perform such other acts as may be necessary or appropriate to\ncarry out effectively the objects and purposes of the state university\nas specified in this article.\n q. To prepare and adopt, within the amounts appropriated therefor,\nplans for land acquisition, state university development and expansion,\nspace needs and uses and for the construction, acquisition,\nreconstruction, rehabilitation and improvement of academic buildings,\ndormitories and other facilities required or to be required for the\nstate-operated institutions and the statutory or contract colleges, and\nfor such planning functions to retain or employ private architects,\nengineers and artists, or firms thereof, or other and different\nconsultants for proposed projects and for the preparation of space\nrequirements, cost estimates, preliminary plans, budgetary\njustifications, and construction standards. During the selection of\nprojects for such plans, the trustees shall, where applicable, give due\nconsideration to projects that support improvements in environmental\nprotection, energy and resource management, solar energy and\nconservation with particular consideration given to a project's\npotential to generate cost savings over time.\n r. To cooperate with and assist the state university construction fund\nin the construction, acquisition, reconstruction, rehabilitation and\nimprovement of academic buildings, dormitories and other facilities\npursuant to article eight-A of this chapter, and to approve the\narchitectural concept of all such construction projects.\n s. To lease or make available to the state university construction\nfund, the dormitory authority or other public benefit corporation, the\nNew York state teachers' retirement system, the New York state\nemployees' retirement system, or a business that intends to locate in a\ntax-free NY area approved pursuant to article twenty-one of the economic\ndevelopment law, a portion of the grounds or real property occupied by a\nstate-operated institution or statutory or contract college for the\nconstruction, acquisition, reconstruction, rehabilitation or improvement\nof academic buildings, dormitories or other facilities thereon pursuant\nto article eight-A of this chapter and for the purpose of facilitating\nsuch construction, acquisition, reconstruction, rehabilitation or\nimprovement, to enter into leases and agreements for the use of any such\nacademic building, dormitory or other facility in accordance with the\nprovisions of section three hundred seventy-eight of this chapter;\nprovided, however, that nothing herein contained shall affect the\nprovisions of any lease or agreement heretofore executed by the state\nuniversity with the dormitory authority. The state university trustees\nmay also enter into agreements with the state university construction\nfund, the dormitory authority or other public benefit corporation, the\nNew York state teachers' retirement system, the New York state\nemployees' retirement system or any business that intends to locate in a\ntax-free NY area approved pursuant to article twenty-one of the economic\ndevelopment law, to furnish heat from a central heating plant to any\nacademic building, dormitory or other facility erected by them or with\nmoneys supplied by them. Any such academic building, dormitory or other\nfacility shall not be subject to taxation for any purpose.\n t. The trustees shall have the power to lease or make available to a\nnot-for-profit corporation or political subdivision of the state, or the\nstate, or the office for the aging, for the purposes set forth in\nsection sixteen hundred seventy-seven of the public authorities law;\npertaining to the use of dormitory authority facilities by the aged,\nfacilities or portions thereof located on the grounds or real property\noccupied by a state-operated institution or statutory or contract\ncollege, which facilities are owned by or mortgaged to the dormitory\nauthority. Such leases and agreements shall be upon such terms and\nconditions as may be agreed upon between the parties thereto, provided\nthat any such lease or agreement shall be subject to the approval of the\ndormitory authority. Nothing herein contained shall affect the\nprovisions of any lease or agreement heretofore executed by the state\nuniversity with the dormitory authority, or any other agency.\n u. To establish a water conservation program for academic buildings,\ndormitories and other facilities of the state university. Such program\nshall include a survey of water use and conservation in such buildings.\n v. To cooperate with and assist the state university construction fund\nin the construction of academic incubator facilities. "Academic\nincubator facilities" as used in this chapter shall mean facilities\nproviding low-cost space, technical assistance, support services and\neducational opportunities, including but not limited to central services\nshared by tenants of the facility, to new high technology companies in\nthe formative stages of development through a partnership with the state\nuniversity and shall be state university educational facilities under\nsubdivision twenty-eight of section sixteen hundred seventy-six of the\npublic authorities law. Academic incubator facilities shall promote job\ncreation, entrepreneurship, technology transfer and provide support\nservices to incubator tenants, including, but not limited to, business\nplanning, management assistance, financial-packaging, linkages to\nfinancing sources, and coordination with other sources of assistance.\n w. When authorized by law, to cooperate with and assist the state\nuniversity construction fund in the acquisition and development of sites\nfor university-related economic development facilities as defined in\nsection three hundred seventy-two-a of this title.\n x. To enter into one or more agreements with the dormitory authority\nto provide financial assistance on behalf of the state, as provided in\nsubdivision eight of section six thousand three hundred four of this\nchapter, to the local sponsors of community colleges for the design,\nacquisition, construction, reconstruction, rehabilitation or improvement\nof one or more facilities for locally sponsored community colleges\nincluding the furnishing and equipping of such facilities pursuant to\nsection six thousand three hundred four of this chapter. Each such\nagreement shall provide for annual payments to the dormitory authority\nfrom the state aid or other financial assistance provided to the local\nsponsors of such community colleges and paid into the community college\ntuition and instructional fund pursuant to paragraph (iii) of\nsubdivision two of section ninety-seven-p of the state finance law, and\nmay contain such other terms and conditions as may be agreed upon by the\nparties thereto, including, but not limited to, provisions relating to\nthe establishment of reserve funds and indemnities. Each such agreement\nshall be subject to the approval of the director of the budget.\n y. To better secure dormitory authority bonds issued in connection\nwith dormitory facilities, including dormitory facility revenue bonds,\nthe state university of New York is hereby authorized, in its own name,\nto assign or otherwise transfer to the dormitory authority any or all of\nthe state university's rights, title and interest in and to the\ndormitory facility revenues, and to enter into agreements with the\ndormitory authority pursuant to subdivision two of section sixteen\nhundred eighty-q of the public authorities law in furtherance of such\nassignment or transfer. Any assignment or transfer made pursuant to this\nparagraph shall constitute a true sale and absolute transfer of the\ndormitory facilities revenues. The characterization of such assignment\nor transfer shall not be negated or adversely affected by the retention\nby the state university of New York of any ownership interest in the\ndormitory facilities revenues or of any residual right to payment of any\ndormitory facility revenues remaining in the dormitory facilities\nrevenue fund after the moneys therein have been applied in accordance\nwith paragraph (b) of subdivision three of section sixteen hundred\neighty-q of the public authorities law. All rights, title and interest\nin and to any moneys paid to or upon the order of the state university\nof New York pursuant to any agreement by and between the dormitory\nauthority and the state university of New York entered into pursuant to\nsubdivision two of section sixteen hundred eighty-q of the public\nauthorities law or pursuant to any agreement entered into pursuant to\nparagraph j of subdivision two of section sixteen hundred eighty of the\npublic authorities law shall vest in the state university of New York\nand be the absolute property of the state university of New York, and\nthe dormitory authority shall no longer have any interest in such\nmoneys.\n z. In connection with business/university partnerships in support of\nthe corporate purposes of the state university, to participate in joint\nand cooperative arrangements with businesses that have located in a\ntax-free NY area approved pursuant to article twenty-one of the economic\ndevelopment law provided such arrangements are consistent with the\napproved plan for such tax-free NY area.\n 2-a. Notwithstanding any other provision of law, rule, or regulation\nto the contrary, the state university trustees charter school committee,\nas a charter entity, are further authorized and empowered, to promulgate\nregulations with respect to governance, structure and operations of\ncharter schools for which they are the charter entity pursuant to\nsection twenty-eight hundred fifty-one of this chapter.\n 3. The state university trustees shall adopt and implement a patent\npolicy for research conducted in university facilities which is\nconsistent with the university's mission of education, scholarly\nresearch and public service. Such policy shall be designed to encourage\nresearch activities which produce new knowledge which is of benefit to\nthe public and which may result in the development of new products and\nprocesses which are likely to improve the quality of life and the\nstandard of living of the people of the state, contribute to increased\nproductivity and advance the public health, safety and welfare. Such\npolicy shall also provide appropriate incentives for participation by\nprivate sector business concerns in efforts to develop and utilize\npatents orginated in conjunction with such research and to commercialize\nnew products and processes based on the results of such research. The\ntrustees, when it is deemed necessary to fulfill the objectives of this\nsubdivision, shall adopt and implement appropriate modifications to such\npolicy. The trustees shall include in the annual report required by\nsection three hundred fifty-nine of this chapter an evaluation of the\neffectiveness of the policy adopted pursuant to this subdivision\ntogether with a synopsis of any changes in that policy adopted during\nthe previous year.\n 4. Notwithstanding the provisions of section forty-four, fifty, or\nfifty-one of the state finance law or any other provision of law to the\ncontrary, the state university trustees are authorized and empowered:\n a. To review and coordinate the budget and appropriation requests of\nall state-operated institutions and statutory or contract colleges and\ncombine these requests with the fiscal requirements for institutions of\nhigher education specified in section three hundred fifty-eight hereof\ninto a university program budget for submission to the governor together\nwith appropriate comments by the trustees of the independent\ninstitutions operating statutory or contract colleges on behalf of the\nstate regarding the portion of the program budget which relates to such\ncolleges. Such submission shall be made pursuant to the provisions of\nsection twenty-two of the state finance law.\n b. To expend all lump sum or consolidated appropriations and other\nappropriations made for the state university, including all moneys\nderived from other sources in the course of the administration thereof.\nWithin aggregate funds available for expenditure pursuant to section\nforty-nine of the state finance law, the state comptroller shall draw\nwarrants for the payment of all vouchers approved by the chancellor of\nthe state university, as the chief administrative officer of the state\nuniversity, or by such authority or authorities in the state university\nas shall be designated by the chancellor by a rule or written direction\nfiled with the state comptroller, when and in the manner authorized by\nthe state university trustees. Such lump sum or consolidated\nappropriations made for personal service, or for maintenance and\noperation or for non-personal service, or maintenance undistributed\nincluding personal service, other than appropriations from proprietary\nor fiduciary funds, shall be available for payments for personal\nservice, or maintenance and operation or for non-personal service, or\nfor maintenance undistributed including personal service upon the filing\nof a schedule of positions and salaries provided, however, that the\nsalary of the chancellor shall be in accordance with section one hundred\nsixty-nine of the executive law and that the portions of the salaries\nfunded from state appropriations for the presidents and senior staff\nshall not exceed that of the chancellor and the amounts to be available\nfor other personal service classes of expenditure, and for the expenses\nof maintenance and operation, or for non-personal service with the\ndirector of the budget, chairman of the senate finance committee,\nchairman of the assembly ways and means committee, and the state\ncomptroller. Any such schedule may be amended and such amendment shall\nbe filed with the officers named above. The state comptroller is\nauthorized to pay any amounts required for the salaries and related\nemployment benefits of state university employees from any\nappropriations or other funds available therefor. In regard to the state\nuniversity, the budget director shall exercise the authority granted\nunder section forty-nine of the state finance law by establishing an\naggregate amount available for expenditure for the state university from\nthe aggregate appropriations made, by funding source, for the state\nuniversity in the state operations appropriations act, rather than by\nmaking the specific approvals and by filing the certificates of such\napprovals authorized by section forty-nine of the state finance law. The\nschedule of positions and salaries required to be filed by the budget\ndirector pursuant to section forty-nine of the state finance law shall\nbe replaced by the schedule of positions and salaries filed by the state\nuniversity pursuant to this paragraph. If the director of the budget,\npursuant to section forty-nine of the state finance law, shall establish\nas available for expenditure an aggregate amount less than that\ncontained in the appropriations made for the state university in the\nstate operations appropriations act, the board of trustees shall within\nthirty days of the action of the director of the budget file with the\ncomptroller, with an informational copy to the budget director and to\nthe chairs of the assembly ways and means and senate finance committees,\na certificate allocating such lesser amount in no greater detail than\nprovided for in the state operations appropriations act. In the event\nthat the board has failed to file such certification within such thirty\nday period, the budget director may issue a certificate of availability\nfor the state university reflecting such amount in no greater detail\nthan provided for in the state operations appropriations act.\n c. To increase or decrease appropriations by transfer or interchange\nas follows:\n (1) Amounts appropriated for the programs or purposes or for any item\nor items within such programs or purposes of any individual\nstate-operated institution and the statutory or contract colleges of the\nstate university, including state university central administration\nwithin the schedules of such units or for any individual hospital within\nthe schedule of hospitals of the state university from a particular fund\nor funds in a fiscal year may be interchanged between such programs or\npurposes of such unit or hospital of state university, or between items\nwithin the same program or purpose, or with other items appropriated\nfrom such fund not in the same program or purpose, but which are\ncontained in the state comptroller's classification of items as last\npromulgated pursuant to a certificate of allocation. Such certificate\nshall be submitted by such units to the board of trustees of the state\nuniversity. Such certificate shall be submitted by the board of trustees\nto the state comptroller with copies to be sent to the chairs of the\nsenate finance committee and the assembly ways and means committee and\nthe director of the budget for informational purposes only. The total\namount appropriated for any program or purpose may be decreased by not\nmore than the aggregate of five percent of such appropriation for a\nprogram or purpose with the approval of the units or hospitals or such\namounts may be decreased by more than the aggregate of five percent of\nsuch appropriation with the approval of the state university trustees.\n (2) Amounts appropriated to state-operated institutions and statutory\nor contract colleges within the schedule of such units or to hospitals\nwithin the schedule of hospitals of the state university from a\nparticular fund or funds in a fiscal year for the programs or purposes\nof such units or hospitals of the state university may be transferred\nbetween and among such units or hospitals pursuant to a certificate of\nallocation, submitted directly by the state university to the state\ncomptroller, with copies of such certificates to be sent to the chairs\nof the senate finance committee and the assembly ways and means\ncommittee and the director of the budget for informational purposes\nonly. The total amount appropriated for any unit may not be decreased by\nmore than the aggregate of three percent of an appropriation for a unit\nor the aggregate of ten percent of an appropriation for a hospital.\n (3) Amounts appropriated for programs or purposes, or for any item\nwithin such programs or purposes, within the university-wide program\nschedule of state university from a particular fund or funds in a fiscal\nyear shall not be decreased by means of transfer or interchange by more\nthan the aggregate of four percent of an appropriation for a program or\npurpose within such schedule.\n (4) Amounts appropriated for hospitals within the hospital schedule of\nthe state university from a particular fund or funds in a fiscal year\nfor programs or purposes of such hospitals shall not be increased or\ndecreased by means of transfer or interchange from the amounts\nappropriated to the state-operated institutions and the statutory or\ncontract colleges, university-wide programs, or central administration\nof the state university. The aggregate appropriation for the hospital\nschedule shall not be increased or decreased by such transfers of\nappropriations.\n (5) Amounts appropriated for the central administration of the state\nuniversity within the central administration schedule from a particular\nfund or funds in a fiscal year for programs or purposes including, but\nnot limited to, administration of state-operated institutions and\nstatutory or contract colleges, university-wide programs, and hospitals\nof the state university shall not be increased by means of transfer or\ninterchange by more than five percent of the aggregate appropriation\nwithin such schedule.\n (6) Notwithstanding the foregoing provisions of this subdivision,\nwhenever the director of the budget, pursuant to section forty-nine of\nthe state finance law, shall establish an aggregate amount less than\nthat contained in the state operations appropriations act, the trustees\nmay transfer or interchange any or all of such lesser amount among any\nof the programs or purposes or items without regard to the restrictions\nprovided in this subdivision.\n (7) On the fifteenth day of October, January, April and July of each\nyear, the state university shall provide the chair of the senate finance\ncommittee and the assembly ways and means committee, the state\ncomptroller and the director of the budget with quarterly reports of all\ntransfers or interchanges made by the state university pursuant to this\nsection, with such reports to include the program impact of each\ntransfer or interchange. The allocation of lump sum appropriations from\na fund or funds made to the state university for later distribution to\nstate operated institutions, statutory or contract colleges, hospitals\nand/or central administration of the state university or the allocation\nof lump sum appropriations made to all state departments and agencies\nfor later allocation for specific programs or purposes or units of the\nstate university shall not be deemed to be part of any total increase or\ndecrease authorized by this section.\n 5. Notwithstanding the provisions of subdivision two of section one\nhundred twelve and sections one hundred fifteen, one hundred sixty-one,\nand one hundred sixty-three of the state finance law and section three\nof the New York state printing and public documents law or any other law\nto the contrary, the state university trustees are authorized and\nempowered to:\n a. (i) purchase materials, proprietary electronic information\nresources including but not limited to academic, professional, and\nindustry journals, reference handbooks and manuals, research tracking\ntools, indexes and abstracts; and equipment and supplies, including\ncomputer equipment and motor vehicles, where the amount for a single\npurchase does not exceed seventy-five thousand dollars, (ii) execute\ncontracts for services and construction contracts to an amount not\nexceeding seventy-five thousand dollars, and (iii) contract for printing\nto an amount not exceeding seventy-five thousand dollars, without prior\napproval by any other state officer or agency, but subject to rules and\nregulations of the state comptroller not otherwise inconsistent with the\nprovisions of this section and in accordance with the guidelines\npromulgated by the state university board of trustees after consultation\nwith the state comptroller. In addition, the trustees, after\nconsultation with the commissioner of general services, are authorized\nto annually negotiate with the state comptroller increases in the\naforementioned dollar limits and the exemption of any articles,\ncategories of articles, services, or commodities from these limits;\n b. establish cash advance accounts for the purpose of purchasing\nmaterials, supplies, or services, for cash advances for travel expenses\nand per diem allowances, or for advance payment of wages and salary. The\naccount may be used to purchase such materials, supplies, or services\nwhere the amount of a single purchase does not exceed one thousand\ndollars, in accordance with such guidelines as shall be prescribed by\nthe state university trustees after consultation with the state\ncomptroller;\n c. establish guidelines in consultation with the commissioner of\ngeneral services authorizing participation by the state university in\nprograms administered by the office of general services for the purchase\nof available New York state food products. The commissioner of general\nservices shall provide assistance to the state university necessary to\nenable the university to participate in these programs; and\n d. award contract extensions for campus transportation without\ncompetitive bidding where such contracts were secured either through\ncompetitive bidding or through evaluation of proposals however such\nextensions may be rejected if the amount to be paid to the contractor in\nany year of such proposed extension fails to reflect any decrease in the\nregional consumer price index for the New York, New York-Northeastern,\nNew Jersey area, based upon the consumer price index for all urban\nconsumers (CPI-U) during the preceding twelve-month period. At the time\nof any contract extension, consideration shall be given to any\ncompetitive proposal offered by a public transportation agency. Such\ncontract may be increased for each year of the contract extension by an\namount not to exceed the regional consumer price index increase for the\nNew York, New York-Northeastern, New Jersey area, based upon the\nconsumer price index for all urban consumers (CPI-U), during the\npreceding twelve-month period, provided it has been satisfactorily\nestablished by the contractor that there has been at least an equivalent\nincrease in the amount of his cost of operation, during the period of\nthe contract.\n Guidelines promulgated by the state university board of trustees\nshall, to the extent practicable, require that competitive proposals be\nsolicited for purchases, and shall include requirements that purchases\nand contracts authorized under this section be at the lowest available\nprice, including consideration of prices available through other state\nagencies, consistent with quality requirements, and as will best promote\nthe public interest. Such purchases may be made directly from any\ncontractor pursuant to any contract for commodities let by the office of\ngeneral services or any other state agency.\n 6. To enter into any contract or agreement deemed necessary or\nadvisable after consultation with appropriate state agencies for\ncarrying out the objects and purposes of the state university without\nprior review or approval by any state officer or agency other than the\nstate comptroller and the attorney general including contracts with\nnon-profit corporations organized by officers, employees, alumni or\nstudents of the state university for the furtherance of its objects and\npurposes. Contracts or agreements entered into with the federal\ngovernment to enable participation in federal student loan programs,\nincluding any and all instruments required thereunder, shall not be\nsubject to the requirements of section forty-one of the state finance\nlaw; provided, however, that the state shall not be liable for any\nportion of any defaults which it has agreed to assume pursuant to any\nsuch agreement in an amount in excess of money appropriated or otherwise\nlawfully available therefor at the time the liability for payment\narises.\n * 6-a. The state university trustees shall adopt guidelines for\nfoundations of state-operated campuses that require each foundation to\nadopt a conflict of interest policy applicable to such foundation and\nits affiliated corporations. Among other items, the state university\ntrustees' guidelines shall require such foundation policies to provide:\n(a) that service as a board member or officer thereof shall not be used\nas a means for private benefit or inurement for the board member or\nofficer, a relative thereof, or any entity in which the board member or\nofficer, or relative thereof, has a business interest; (b) no board\nmember or officer who is a vendor of goods or services to the foundation\nor its affiliated corporation, or who has a business interest in such\nvendor, or whose relative has a business interest in such vendor, shall\nvote on, or participate in the foundation's administration of, any\ntransaction with such vendor; and (c) a board member or officer shall\nadvise the chair of the foundation or its affiliated corporation of his\nor a relative's business interest in any such existing or proposed\nvendor with the foundation or its affiliate. The state university\ntrustees' guidelines shall define the nature of a business interest and\nthe closeness of a personal relation that bring a relationship within\nthe purposes of this subdivision.\n * NB Repealed July 1, 2027\n 7. To refund or credit moneys paid to the state university for tuition\nor any other fee or charge imposed or received by the state university\ntrustees (1) where such moneys were not required by law or trustees'\nrule, to the extent of the amount paid; (2) where such moneys were in\nexcess of the amount required by law or trustees' rule, to the extent of\nsuch excess; (3) where registration or attendance at a state university\ninstitution is canceled or terminated prior to the expiration of an\nacademic term otherwise than by dismissal, to the extent prescribed by\nrule or otherwise by the state university trustees; provided, however,\nthat no moneys shall be refunded or credited unless application therefor\nis made within three years after receipt of such moneys by the state\nuniversity.\n 8. Except as otherwise provided herein, all moneys received by the\nstate university of New York and by state-operated institutions thereof\nfrom appropriations, tuition, fees, user charges, sales of products and\nservices and from all other sources, including sources and activities of\nthe state university which are intended by law to be self-supporting may\nbe credited to an appropriate fund or funds to be designated by the\nstate comptroller. The amounts so paid into such fund or funds which\nwere received by or for the state university shall be used for expenses\nof the state university in carrying out any of its objects and purposes\nand such amounts received by or for state-operated institutions of the\nstate university shall be used for expenses of the state university\nunder regulations prescribed by the state university trustees.\nNotwithstanding the foregoing provisions of this subdivision, all\ndormitory facilities revenues transferred to the dormitory authority by\nassignment or otherwise pursuant to paragraph y of subdivision two of\nthis section shall upon receipt by the state university acting as agent\nfor the dormitory authority be transferred and immediately paid without\nappropriation thereof to the commissioner of taxation and finance\npursuant to subdivision four of section four of the state finance law\nfor deposit to the dormitory facilities revenue fund.\n 8-a. All monies received by state university health care facilities\nfrom fees, charges, and reimbursement and from all other sources shall\nbe credited to a state university health care account in a fund to be\ndesignated by the state comptroller. Notwithstanding the provision of\nany law, rule or regulation to the contrary, a portion of such monies\ncredited may be transferred to a state university account as requested\nby the state university chancellor or his or her designee. Monies to\nestablish reserves for long-term expenses of state university health\ncare facilities and to fulfill obligations required for any contract for\nhealth care services authorized pursuant to subdivision sixteen of this\nsection may be designated by the state university as a reserve and\ntransferred to a separate contractual reserve account. The amounts in\nsuch accounts shall be available for use in accordance with paragraph b\nof subdivision four and subdivision eight of this section. Monies shall\nonly be expended from the state university health care account and the\ncontractual reserve account pursuant to appropriation. Notwithstanding\nany provision of this chapter, the state finance law or any other law to\nthe contrary, such appropriations shall remain in full force and effect\nfor two years from the effective date of the appropriation act making\nthe appropriation. Monies so transferred may be returned to the state\nuniversity health care account; provided, however, that funds in such\ncontractual reserve account must be sufficient to meet the obligations\nof all such contracts.\n 8-b. Notwithstanding the provision of any law, rule or regulation to\nthe contrary, the state university shall be entitled to annually receive\nan apportionment and payment of state assistance equal to all moneys\nderived as a result of the tuition increase, calculated as the\ndifference in the amount generated using the tuition rates authorized by\nthe state university trustees for the two thousand seven--two thousand\neight academic year and the amount generated using the tuition rates\nauthorized by state university trustees for the two thousand nine--two\nthousand ten academic year, pursuant to the following schedule: for the\ntwo thousand nine--two thousand ten academic year, the state university\nshall receive an amount equal to twenty percent of such tuition\nincrease; for the two thousand ten--two thousand eleven academic year,\nthe state university shall receive an amount equal to thirty percent of\nsuch tuition increase; for the two thousand eleven--two thousand twelve\nacademic year, the state university shall receive an amount equal to\nforty percent of such tuition increase; and for the two thousand\ntwelve--two thousand thirteen academic year, the state university shall\nreceive an amount equal to fifty percent of such tuition increase. Such\napportionment shall be for the enhanced investment in the state\nuniversity of the state of New York and shall be used to supplement, not\nsupplant, state gross general fund support, unless the director of the\nbudget determines that state fiscal conditions preclude such an outcome\nand, in which case, the director shall submit a report regarding the\nrecommended funding levels and whether the tuition increase\napportionment provisions of this subdivision have been complied with for\nthe state university of the state of New York to the chairs of the\nsenate finance committee and the assembly ways and means committee and\nthe chairs of the senate higher education committee and the assembly\nhigher education committee no later than fifteen days following the\nrelease of the executive budget.\n 9. Notwithstanding any other provision of this section, the state\nuniversity trustees may assign to the state university construction fund\nfor the corporate purposes of the fund all or any portion of any moneys\nreceived or to be received by the state university and by the\nstate-operated institutions which are not required by a donor or grantor\nto be used for other state university purposes.\n 10. The state university trustees may authorize the chief\nadministrative officer of each medical center of the state university\noperating in-patient or out-patient hospital facilities or clinic\nfacilities to compromise any claim which the state may have for care,\nmaintenance or treatment received or furnished to patients in such\nfacilities, in proper cases, where substantial justice will best be\nserved thereby. Any such compromise shall be subject to the prior\nwritten approval of the attorney general.\n 11. Notwithstanding any provision of law, rule or regulation to the\ncontrary, the state university trustees may authorize the chief\nadministrative officer of each medical center of the state university\noperating in-patient or out-patient hospital facilities or clinic\nfacilities to establish a system for the billing of patients for the\ncare, maintenance or treatment received or furnished to patients in such\nfacilities, which in proper cases or in the exercise of prudent fiscal\ndiscretion may allow for the payment of such charges by means of a\ncredit card or similar device. Such system may allow for the payment of\nsuch reasonable administrative fees as may be regularly imposed by a\nbanking institution or other credit service organization for the use of\nsuch credit devices. In establishing such system the chief\nadministrative officer shall seek the assistance of the state\ncomptroller who shall assist in developing such system so as to ensure\nthat state funds allocated to such medical centers shall be utilized in\nan economically feasible method.\n 12. The state comptroller, or a legally authorized representative of\nthe state comptroller, may accept from the state university in lieu of\nan examination of the books and accounts of state university, including\nits receipts and disbursements and any other matters relating to its\nfinancial standing, an external examination of its books and accounts\nmade at the request of state university.\n 13. Master capital plan. On or before November fifteenth of each year,\nthe trustees of the state university of New York shall approve and\nsubmit to the chairmen of the assembly ways and means committee and the\nsenate finance committee and to the director of the budget a master\ncapital plan setting forth the projects proposed to be constructed,\nreconstructed, rehabilitated or otherwise substantially altered pursuant\nto appropriations enacted or to be enacted during the succeeding five\nyears. Such plan shall specify the name, location, estimated total cost\nat the time the project is to be bid, the anticipated date or dates on\nwhich the design of such project is to commence, the proposed method of\nfinancing and the estimated economic life of each project. Such plan\nshall further specify whether proposed projects constitute new\nconstruction, substantial rehabilitation, moderate rehabilitation or\nminor rehabilitation and shall indicate how projects support\nimprovements in environmental protection, energy and resource\nmanagement, solar energy and conservation. Such criteria for each method\nof financing shall include, but not be limited to: (i) an analysis of\nprivate enterprise, federal and any other appropriate financing\nstandards, (ii) the consideration of the period of economic life of\nprojects as related to the method of financing, and (iii) project cost\nranges for the methods of financing. Such plan specification and\ncategories of construction shall be defined by the trustees, in\nconsultation with the state university construction fund.\n Such capital master plan report shall also include, for each project\nover one-million dollars, a description of the project; expected\nconstruction start date; any changes to the previously reported start or\nexpected completion dates; any changes to the expected cost of the\nproject; the total cash encumbered for the project for the year and the\ntotal to date for the project; and the total cash expended for the\nproject for the year and the total to date for the project.\n All projects that are reported under this subdivision shall be\nidentified by campus, the name of the specific facility for which the\nallocation is provided and a description of what the project is that is\nbeing provided.\n 14. Notwithstanding the provisions of any general, special or local\nlaw or charter, the state university trustees shall prepare or cause to\nbe prepared a development and operation plan for a state university\nathletic facility, as defined in section sixteen hundred eighty-e of the\npublic authorities law. Such development and operation plan shall be\nsubmitted to the director of the budget for approval not later than the\nfifteenth day of September of the fiscal year of the state. The director\nof the budget shall file a copy of such plan and approval thereof with\nthe chairpersons of the senate finance committee and the assembly ways\nand means committee. No proposed amendment to the plan shall be\neffective until submitted by the state university trustees and approved\nby, the director of the budget and filed by the director with the\nchairpersons of the senate finance committee and the assembly ways and\nmeans committee.\n Such development and operation plan shall include, but not be limited\nto, provisions concerning the following:\n (a) revenue and expense estimates for the succeeding three year period\ncommencing in the year of the completion of construction and beneficial\noccupancy of the state university athletic facility;\n (b) the sources of revenues that are projected to be available to meet\nall costs of the operation, repair, maintenance and continuing use of\nthe state university athletic facility, and any net income remaining to\ncover subsequent annual debt service expenses, and evidence satisfactory\nto the state university of New York and the director of the budget that,\nconsistent with university and community use as set forth in this\nsection, revenues will be maximized and available when needed for the\nstate university athletic facility; and\n (c) plans for the development, operation, repair, maintenance and\ncontinuing use of the state university athletic facility under the care,\ncustody, and management of the state university to include, but not be\nlimited to, athletic competition of the state university of New York at\nBuffalo, amateur sports, appropriate community events, and activities\nthat generate support for facility operations.\n 15. State university fiscal year. Notwithstanding any provision of\nthis chapter, the state finance law, or any other law to the contrary,\non and after the first day of July, nineteen hundred ninety-three, the\nfiscal year of the state university of New York, for the purposes of the\nbudget, appropriations, receipts and disbursements of state moneys and\nall other revenues of the state university, financial reporting, and all\nother affairs of the state university which are regulated in accordance\nwith or are based on a fiscal year, shall begin with the first day of\nJuly and end with the next following thirtieth day of June.\nAppropriations made for the state university for whatever purpose on the\nbasis of the state university fiscal year which at the close of such\nfiscal year shall cease to have force and effect except as to\nliabilities already incurred thereunder shall as to such liabilities\ncontinue in force and effect until the next succeeding thirtieth day of\nSeptember, on which date such appropriation shall lapse and no money\nshall thereafter be paid out of the state treasury or any of its funds\nor any of the funds under its management pursuant to such appropriation.\n 16. Subject to laws and regulations applicable to the state university\nas a health care provider the state university trustees may:\n a. Notwithstanding section one hundred sixty-three of the state\nfinance law, authorize contracts for a state university health care\nfacility for participation in managed care networks and other joint and\ncooperative arrangements with public, non-profit or business entities\nincluding entering into a maximum of twenty network arrangements per\nyear, as partners, joint ventures, sole member or members of non-profit\nor for-profit corporations, sole member or members of non-profit or\nfor-profit limited liability companies, as lessor or lessee, as\nparticipants in joint operating agreements, and shareholders of business\ncorporations, and the provision of management and administrative\nservices by or for state university; provided, however, that any such\ncontracts with for-profit entities shall be authorized only upon\napproval by the commissioner of health and the director of the division\nof the budget of a request by the chancellor demonstrating financial\nneed of a state university health care facility. Any contract for the\nprovision of management services shall be subject to any provision of\nthe public health law and health regulations applicable to the state\nuniversity as a health care provider, including any review by the\ncommissioner of health pursuant to 10 NYCRR section 405.3(f). In\naddition, the commissioner of health shall provide for public comment\nwithin thirty days of a submission of any management contract required\nto be reviewed pursuant to regulation. The trustees may also authorize\ncontracts, including capitation contracts, for a state university health\ncare facility for the provision of general comprehensive and specialty\nhealth care services, directly or through contract with other service\nproviders or entities, including state university employees or entities\ncomprised thereof. Contracts authorized hereunder shall be:\n (1) consistent with trustee guidelines respecting all terms and\nconditions necessary and appropriate for managed care and other network,\njoint or cooperative arrangements, including guidelines for comparative\nreview where appropriate;\n (2) subject to laws and regulations applicable to the state university\nas a health care provider, including with respect to rates and\ncertificates of need; and\n (3) subject to article fourteen of the civil service law and the\napplicable provisions of agreements between the state and employee\norganizations pursuant to article fourteen of the civil service law.\n b. (i) Notwithstanding the provisions of subdivision two of section\none hundred twelve of the state finance law relating to the dollar\nthreshold requiring the comptroller's approval of contracts and\nsubdivision six of section one hundred sixty-three of the state finance\nlaw, authorize contracts for the purchase of goods and services for\nstate university health care facilities:\n (A) for any contract which does not exceed one hundred fifty thousand\ndollars; or\n (B) for joint or group purchasing arrangements which do not exceed one\nhundred fifty thousand dollars without prior approval by any other state\nofficer or agency in accordance with procedures and requirements found\nin paragraph a of subdivision five of this section.\n (ii) contracts authorized hereunder shall be subject to article\nfourteen of the civil service law and the applicable provisions of\nagreements between the state and employee organizations pursuant to\narticle fourteen of the civil service law. The trustees are authorized\nto negotiate annually with the state comptroller increases in the\naforementioned dollar limits.\n c. Authorize contracts for the acquisition, by purchase, lease,\nsublease, transfer of jurisdiction or otherwise, of facilities suitable\nfor the delivery of health care services and for the construction,\nrepair, maintenance, equipping, rehabilitation or improvement thereof.\nSuch contracts shall be subject to approval by the attorney general as\nto form and by the director of the budget and the state comptroller.\nContracts under this paragraph shall be funded from any moneys lawfully\navailable for the expenses of the health care facilities.\n 17. Investigation of crimes and crime reporting. a. The board of\ntrustees of the state university of New York shall adopt rules requiring\nthat each institution of the state university, on or before January\nfirst, two thousand, adopt and implement a plan providing for the\ninvestigation of any violent felony offense occurring at or on the\ngrounds of each such institution, and providing for the investigation of\na report of any missing student. Such plans shall provide for the\ncoordination of the investigation of such crimes and reports with local\nlaw enforcement agencies. Such plans shall include, but not be limited\nto, written agreements with appropriate local law enforcement agencies\nproviding for the prompt investigation of such crimes and reports and a\nrequirement that the institution shall notify the appropriate law\nenforcement agency as soon as practicable but in no case more than\ntwenty-four hours after a report of a violent felony or that a student\nwho resides in housing owned or operated by such institution is missing;\nprovided that each institution shall: (1) inform each victim of a sexual\noffense of their options to notify proper law enforcement authorities,\nincluding on-campus and local police; (2) inform the victim of a sexual\noffense of the right to report or not to report such offense to local\nlaw enforcement agencies; and (3) offer the option to be assisted by\ncampus authorities in notifying such authorities, if the victim of\nsexual assault so chooses, all in compliance with applicable federal\nlaw, including, but not limited to, the federal Campus Sexual Assault\nVictims' Bill of Rights under Title 20 U.S. Code Section 1092(f).\n b. As used in this subdivision, the following terms shall have the\nfollowing meanings:\n (i) "Local law enforcement agencies" means any agency or agencies\nemploying peace officers or police officers for the enforcement of the\nlaws of the state, and which has or have jurisdiction under provisions\nof the criminal procedure law over offenses occurring at or on the\ngrounds of any institution subject to the provisions of this\nsubdivision.\n (ii) "Missing student" means any student of an institution subject to\nthe provisions of this subdivision, who resides in a facility owned or\noperated by such institution and who is reported to such institution as\nmissing from his or her residence.\n (iii) "Violent felony offense" means a violent felony offense as\ndefined in subdivision one of section 70.02 of the penal law.\n 18. Scholarships for academic achievement. a. (1) Beginning with the\ntwo thousand--two thousand one academic year and thereafter,\nscholarships for academic achievement shall be awarded to full-time\nstudents completing their sophomore and junior years of study at all\nstate university state operated campuses. Two thousand five hundred\nscholarships shall be awarded to students in the junior year of study\nand two thousand five hundred scholarships shall be awarded to students\nin the senior year of study.\n (2) Scholarships made to students in the junior year shall be to the\ntwo thousand five hundred students with the highest cumulative grade\npoint average at the end of such students sophomore year of study. Any\nstudent receiving such award shall be a New York state resident and\nshall have a minimum grade point average of 3.5. Such scholarship shall\nbe awarded at the beginning of the spring semester of such student's\njunior year.\n (3) Scholarships made to students in the senior year will be to the\ntwo thousand five hundred students with the highest cumulative grade\npoint average at the end of such students' junior year of study. Any\nstudent receiving such award shall be a New York state resident and\nshall have a minimum grade point average of 3.5. Such scholarship shall\nbe awarded at the beginning of the spring semester of such students'\nsenior year.\n b. Each individual state university of New York state operated campus\nshall receive no more than its pro rata share of awards than the\npercentage of such university's juniors and seniors represent of the\nentire system enrollment in the junior and senior classes.\n c. Upon determination of the recipients of the annual awards, the\nchancellor shall notify the members of the state legislature of all\nrecipients who permanently reside within the district that such members\nrepresent.\n 19. The state university of New York shall provide the chairs of the\nassembly ways and means committee and the senate finance committee with\nthe formula and/or methodology used in determining state aid allocations\nto state university of New York state operated campuses and\nuniversity-wide programs and the specific budget allocation to each\ncampus and university-wide program based on the overall funding level\nfor state-operated campuses and university-wide programs included within\nthe executive budget submission for the state university of New York\nwithin forty-five days after the submission of the executive budget and\nwithin thirty days after the enactment of the state budget.\n 20. The state university trustees shall adopt rules requiring that\neach institution of the state university of New York adopt written\npolicies requiring that all public single-occupancy bathroom facilities\nbe designated as gender neutral for use by no more than one occupant at\na time or for family or assisted use. Such gender neutral bathroom\nfacilities shall be clearly designated by the posting of such on or near\nthe entry door of each facility. For purposes of this section,\n"single-occupancy bathroom" shall have the same meaning as paragraph (d)\nof subdivision one of section one hundred forty-five of the public\nbuildings law.\n 21. The state university trustees shall adopt a policy requiring that\neach institution of the state university of New York collaborate with\nstudents, faculty and staff to encourage campuses to eliminate the use\nof certain plastic items generally recognized by the public as being\ndesigned for single use. Such plastic items may include, but shall not\nbe limited to, tableware, straws, stirrers, cups and food service\ncontainers. In establishing such a policy, the trustees shall consider\nthe following:\n a. the availability of affordable alternatives;\n b. the accessibility of alternatives to all students, faculty, and\nstaff;\n c. an evaluation of the effectiveness of reusable alternatives; and\n d. benchmarks for assessing progress.\n