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New York · Through 2026-09-11

N.Y. Education Law § 373: General powers and duties of fund

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Where this section sits in the code
  1. Education Law
  2. Title 1. General Provisions Article 1 Short Title and Definitions (§§
  3. Article 8-A. State University Construction Fund

§ 373. General powers and duties of fund. The fund shall have the

following powers in addition to those specifically conferred elsewhere

in this article:

1. To sue and be sued;

2. To have a seal and alter the same at pleasure;

3. To make and alter by-laws for its organization and internal

management;

4. With the approval of the comptroller, to prescribe a system of

accounts;

5. To make rules and regulations governing the exercise of its

corporate powers and the fulfillment of its corporate purposes under

this article, which rules and regulations shall be filed with the

secretary of state in the manner provided by section one hundred two of

the executive law;

6. To accept jurisdiction over and to hold, use and improve, in

accordance with such terms and conditions as the fund and the state

university shall determine, any or all real property acquired by the

state university trustees in the name of the state for state university

purposes, together with such rights and privileges as may be incidental

and appurtenant thereto;

7. To purchase, receive, lease or otherwise acquire in accordance with

the requirements of article eleven of the state finance law personal

property necessary and convenient for its corporate purposes, provided

that such personal property shall not be construed to include

furnishings and equipment for completed facilities;

8. To design, construct, acquire, reconstruct, rehabilitate and

improve academic buildings, dormitories and other facilities for the

state university in accordance with sections three hundred seventy-five

and three hundred seventy-six of this chapter;

9. In connection with such design, construction, acquisition,

reconstruction, rehabilitation and improvement, (i) to install or cause

to be installed water, sewer, gas, electrical, telephone, heating, air

conditioning and other utility services, including appropriate

connections, (ii) to construct or cause to be constructed walkways,

roadways and other improvements on adjacent real property made available

by the state university, and (iii) to landscape adjacent real property

or cause the same to be landscaped;

10. To maintain, repair and keep up the real property held by it and

the facilities constructed, acquired, reconstructed, rehabilitated or

improved pursuant to this article until responsibility therefor is

transferred to the state university in accordance with section three

hundred seventy-nine of this chapter;

11. Subject to the terms of any lease or agreement with third parties,

with respect to approved university-related economic development

facilities or approved university related economic development projects

to develop, manage, operate, and/or lease, solely or in cooperation with

one or more entities or individuals, or to surrender to the appropriate

state official, for other public use or for sale, lease or other

disposition in accordance with law, real property made available to the

fund for its corporate purposes by the state university whenever the

state university trustees determine that such real property is

unnecessary for present or foreseeable future needs of the state

university;

12. To make and execute contracts, lease agreements, and all other

instruments necessary or convenient for the exercise of its corporate

powers and the fulfillment of its corporate purposes under this article

to an amount not exceeding seventy-five thousand dollars without prior

approval by any other state officer or agency; notwithstanding the

foregoing, all contracts, lease agreements, and all other instruments

exceeding seventy-five thousand dollars in amount shall be subject to

section one hundred twelve of the state finance law;

13. To procure insurance against any loss in connection with any

facility leased to the fund under section three hundred seventy-eight of

this chapter, in such amounts, and from such insurers, as it deems

desirable;

14. To act as agent for, or to assist generally, the attorney general

and the state commissioner of transportation in making land surveys,

topographical surveys and valuation appraisals of real property sought

to be acquired by the state university trustees;

15. To engage the services of construction, engineering,

architectural, legal and financial consultants, surveyors and

appraisers, on a contract basis or as employees, for professional

service and technical assistance and advice; and

16. To do any and all things necessary or convenient to carry out its

corporate purposes and exercise the powers given and granted to it in

this article.

* 17. To construct, design/build (using a competitive selection

process with due consideration of cost), develop, manage, lease and/or

operate real property and facilities made available to the fund for its

corporate purposes by the state university related to academic incubator

facilities and a pharmaceutical research, development, which may also

include a manufacturing facility located at the state university New

York college of technology at Farmingdale.

* NB There are 2 sub 17's

* 17. To construct, design/build, develop, manage and/or operate real

property and facilities made available to the fund for its corporate

purposes by the state university related to academic incubator and

approved university-related economic development facilities;

* NB There are 2 sub 17's

* 18. To receive or acquire by gift, purchase or otherwise, real and

personal property, or services or other aid, including any reimbursement

allowance offered or made available by any person, government agency or

corporation, including, but not limited to, any foundation or other

not-for-profit entity and to receive and use money from any source,

including, but not limited to the dormitory authority of the state of

New York, or any other private or public source for the site acquisition

and construction of a pharmaceutical research, development, which may

also include a manufacturing facility at the state university of New

York college of technology at Farmingdale.

* NB There are 2 sub 18's

* 18. With respect to approved university-related economic development

facilities, to act as agent for, and execute the powers of, a foundation

or other not-for-profit entity created by or for the state university;

and

* NB There are 2 sub 18's

19. To receive or acquire by gift, purchase or otherwise, real and

personal property, or services or other aid, including any reimbursement

allowance offered or made available by any person, government agency or

corporation, including, but not limited to, any foundation or other

not-for-profit entity and to receive and use money from any source,

including, but not limited to the dormitory authority of the state of

New York, or any other private or public source for the site acquisition

and construction of approved university-related economic development

facilities as set forth in section three hundred seventy-two-a of this

article.

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