§ 432. Eligibility criteria for universities and colleges. 1. State\nuniversity campuses, community colleges and city university campuses.\n(a) Subject to the limitations in paragraph (c) of this subdivision, the\nfollowing will constitute the eligible land of a state university\ncampus, community college, or city university campus:\n (i) any vacant space in any building located on a campus of a state\nuniversity campus, community college or city university campus;\n (ii) any vacant land on a campus of a state university campus,\ncommunity college or city university campus;\n (iii) for a state university campus or community college, a total of\ntwo hundred thousand square feet of vacant land or vacant building space\nthat, except as provided under paragraph (b) of this subdivision, is\nlocated within one mile of a campus of the state university campus or\ncommunity college; provided that this subparagraph shall not apply to a\nstate university campus or community college located in Nassau county,\nSuffolk county or Westchester county; and\n (iv) a New York state incubator as the term is used in subdivision\nfour of section four hundred thirty-three of this article with a bona\nfide affiliation to the state university campus, community college or\ncity university campus, with approval of the commissioner. In order for\nthere to be a bona fide affiliation of a New York state incubator with a\nstate university campus, community college or city university campus,\nthe incubator and the state university campus, community college or city\nuniversity campus must have a partnership to provide assistance and\nphysical space to eligible businesses, as the term is used in section\nsixteen-v of the urban development corporation act; the incubator and\nthe state university campus, community college or city university campus\nmust directly work towards the goals of jointly creating jobs and\nincubating new startup businesses; and the mission and activities of the\nincubator must align with or further the academic mission of the state\nuniversity campus, community college or city university campus.\n (b) A state university campus or community college which qualifies\nunder subparagraph (iii) of paragraph (a) of this subdivision may apply\nto the commissioner for a determination that identified vacant land or\nidentified vacant space in a building that is located more than one mile\nfrom its campus, and is not located in Nassau county, Suffolk county,\nWestchester county or New York city, is eligible land for purposes of\nthis program. The commissioner shall give consideration to factors\nincluding rural, suburban and urban geographic considerations and may\nqualify the identified land or space in a building as eligible land if\nthe commissioner, in consultation with the chancellor or his or her\ndesignee, determines that the state university campus or community\ncollege has shown that the use of the land or space will be consistent\nwith the requirements of this program and the plan submitted by the\nstate university campus or community college pursuant to section four\nhundred thirty-five of this article. In addition, two hundred thousand\nsquare feet of vacant land or vacant building space affiliated with or\nin partnership with Maritime College shall be eligible under this\nparagraph. The aggregate amount of qualified land or space under this\nparagraph and subparagraph (iii) of paragraph (a) of this subdivision\nmay not exceed two hundred thousand square feet for a state university\ncampus or community college.\n (c) The provisions of paragraphs (a) and (b) of this subdivision shall\napply only to:\n (i) a state university campus other than the following: (A) any empire\nstate college campus except for the empire state college campus in\nSaratoga Springs, (B) any property of downstate medical center located\nin Nassau county, Suffolk county, Westchester county or New York city\nexcept for property affiliated with downstate medical
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