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New York Facilities Development Corporation Act 359/68

Chapter 359 of the laws of 1968
    §  1.  Short  title.  This  act  shall  be  known and may be cited and
  referred to as the "facilities development corporation act."
    § 2. Statement of legislative findings  and  purposes.  It  is  hereby
  found  and  declared  that  the  provision  of  new  and  improved state
  facilities relating to  the  care,  maintenance  and  treatment  of  the
  mentally  disabled  must  be  accelerated  if  the  state is to meet its
  responsibilities in the  face  of  an  increasing  state  population,  a
  growing awareness that mental disability can be treated effectively, and
  new  research  advances  in  treatment methods. An expanded construction
  program is essential to relieve overcrowding in the state hospitals  for
  the  mentally  ill,  to  provide  treatment  and care for the increasing
  population of mentally retarded in state  schools,  and  to  permit  the
  establishment  of  special  treatment  programs  for  mentally  ill  and
  emotionally disturbed children and for the mentally ill  blind  and  the
  mentally   ill  deaf.  Existing  state  facilities  require  substantial
  modernization and structural  change  to  accommodate  new  concepts  of
  treatment  for the mentally disabled and special units for the treatment
  of alcoholism and narcotics  addiction.    Larger  and  better  equipped
  research  facilities  must  be  installed  in order to insure that state
  treatment units are in the forefront of applying and developing advanced
  therapeutic methods. At the same time, improved training facilities  and
  quarters  are  needed  to  attract  and  retain the best-qualified staff
  personnel.
    To assure that the required facilities are completed and ready for use
  as promptly as possible, the legislature hereby finds and declares  that
  there  should be created a corporate governmental agency, constituting a
  public benefit corporation, to be known as the  "Facilities  Development
  Corporation",   which  could  receive  and  administer  monies  for  the
  construction and improvement of mental hygiene  facilities  and  provide
  such  facilities  in accordance with the foreseeable needs for the care,
  maintenance and treatment of  the  mentally  disabled.  The  legislature
  further   finds   and   declares   that  while  responsibility  for  the
  professional care, maintenance and treatment of the mentally disabled at
  all mental facilities  should  continue  in  the  department  of  mental
  hygiene,  exclusive possession, jurisdiction, control and supervision of
  the  physical  facilities  used  therefor  should  be  vested   in   the
  corporation in order to facilitate the exercise of its powers.
    It  is  further  found  and  declared  that  the  provision of new and
  improved community mental health  and  retardation  facilities  must  be
  accelerated, in order to provide comprehensive care and treatment of the
  mentally  ill  and  mentally  retarded. Such community mental health and
  retardation facilities should be located close to the people they serve,
  in order to speed rehabilitation and restoration, by involving  families
  and  community  resources to the extent practicable. Such an accelerated
  construction program  will  also  help  relieve  overcrowding  in  state
  facilities  for  the  mentally ill and mentally retarded and will afford
  treatment and care for the increasing number of mentally retarded.  Such
  a  program  will increase the number of local facilities for out-patient
  care and short-term in-patient care, including  after  care,  diagnostic
  and   rehabilitative   services,   training   and  research.  While  the
  responsibility for the professional care, maintenance and  treatment  of
  the  mentally  ill  and  mentally  retarded at all such community mental
  health  and  retardation  facilities  should  continue  in   the   local
  governments,  subject  to  the  provisions  of  article forty-one of the
  mental hygiene law and the  regulations  of  the  commissioners  of  the
  offices  of  the department having jurisdiction thereof, the legislature
  further finds and declares that the Facilities  Development  Corporation

  should  be  empowered  to  aid cities and counties, at their request, to
  provide  new  and  improved  community  mental  health  and  retardation
  facilities  in  order  to insure their timely construction, acquisition,
  reconstruction,  rehabilitation  and  improvement in relation to current
  and foreseeable needs and the emergence of new patterns of treatment and
  care and should be empowered to receive and administer monies  for  such
  purpose.
    It is further found and declared that hospital and related services of
  municipalities are of vital concern to the health, safety and welfare of
  the people of the state. Many municipal hospital facilities today are no
  longer adequate to meet the needs of modern medical care. Because of the
  rapidity of technological change in the medical field, a great number of
  such  facilities  require substantial structural and functional changes.
  Many municipal hospitals are  overcrowded  in  their  ancillary  service
  areas.   Many   still  have  large  open  wards,  while  the  growth  of
  hospitalization insurance has brought increased demand for  semi-private
  accommodations. Many of such hospitals have permitted their buildings to
  deteriorate  prematurely  and  other  suffer  inefficiencies  caused  by
  piecemeal and  uncoordinated  additions.  The  educational  programs  of
  hospitals  have  become  indispensable.  Many  hospitals  are,  in fact,
  educational institutions but their plants and equipment are not equal to
  their  educational  commitment.  They   lack   facilities   for   needed
  conferences  and  seminars  and  their  libraries  and  medical  records
  departments do not meet the needs of individual  studies  and  research.
  Many  of  such  hospitals no longer have adequate protection against the
  hazards of fire, explosion and infection. Many of  such  hospitals  lack
  facilities  for  ambulant  or  wheelchair patients, and are inadequately
  designed for the tremendous increase in personnel traffic  and  movement
  of supplies and equipment within the hospital.
    It  is further found and declared that the construction, modification,
  reconstruction and rehabilitation of  municipal  hospitals  and  related
  health care facilities, including the provision of equipment, are public
  purposes  and are necessary for the protection of the health, safety and
  welfare of the people of the state. To assure  that  such  purposes  are
  carried  out,  it  is  further  found  and  declared that the facilities
  development corporation created by this  act  should  be  empowered,  in
  cooperation  with  the  state,  municipalities  and  the  New York state
  housing finance agency or the New York  state  medical  care  facilities
  finance  agency,  as  the  case  may  be,  to  provide  for  the  timely
  construction  and  modernization  of  municipal  hospitals  and  related
  facilities  at a reasonable cost and in accordance with the health needs
  of the community.
    It is hereby found and declared that  the  acquisition,  construction,
  reconstruction,  rehabilitation  and  improvement  of facilities for the
  department of corrections and community supervision are public  purposes
  which are essential to enable comprehensive modernization of the state's
  programs  of  corrections. To assure that such purposes are carried out,
  it is  further  found  and  declared  that  the  facilities  development
  corporation  should  be  empowered in cooperation with the department of
  corrections and community supervision to provide  for  the  acquisition,
  construction,   reconstruction,   rehabilitation   and   improvement  of
  facilities for the department of corrections and community supervision.
    In order to accomplish all of these purposes, the  legislature  hereby
  declares  that the existing corporate governmental agency constituting a
  public benefit corporation, created  by  article  two-B  of  the  mental
  hygiene  law,  shall  be  reconstituted  and continued as the facilities
  development  corporation  which  corporation  shall   also   have   such
  additional powers and duties as are granted to it in this act.

    §  3.  Definitions.  As used in this act, unless the context otherwise
  requires:
    1. "Comptroller" means the comptroller of the state of New York.
    2. "Community  mental  health and developmental disabilities facility"
  shall mean a building,  a  unit  within  a  building,  a  laboratory,  a
  classroom,  a  housing  unit,  a  dining  hall,  an activities center, a
  library, or any structure on or improvement  to  real  property,  or  an
  interest  in  real  property,  including an interest in, and proprietary
  lease from, an  organization  formed  for  the  purpose  of  cooperative
  ownership  of  real  property,  of  any  kind  or description, including
  fixtures and equipment which are an integral part of such building, unit
  or structure or improvement, a walkway, a roadway or a parking  lot  and
  improvements   and   connections  for  water,  sewer,  gas,  electrical,
  telephone, heating, air conditioning and other utility  services,  or  a
  combination  of  any  of  the  foregoing,  whether  for patient care and
  treatment or staff, staff family or service use, located in a  city,  or
  in  a  county  not  wholly included within a city, authorized to provide
  community mental health services in accordance with  the  provisions  of
  article  41  of  the  mental  hygiene  law,  which  is utilized or to be
  utilized for the administration and conduct of programs for persons with
  mental illness or developmental  disabilities,  or  both,  and  for  the
  provision  of  services  therefor,  or utilized or to be utilized in the
  performance of services benefitting or assisting  the  care,  treatment,
  rehabilitation  or  maintenance of persons with mental disabilities, and
  approved to provide such services, pursuant to a written agreement  with
  the  appropriate  commissioner  of an office of the department of mental
  hygiene. Nothing in this subdivision shall be deemed  to  supercede  the
  provisions  of article 41 of the mental hygiene law, where applicable. A
  community mental health and developmental  disabilities  facility  shall
  also  mean  and  include  a  residential  facility  to  be operated as a
  community residence for persons with mental disabilities and a treatment
  facility for use in the conduct of an alcoholism treatment program or of
  a substance abuse treatment program as defined  in  the  mental  hygiene
  law.
    2-a.  "Department"  means  the  department  of  mental hygiene and the
  offices  of  mental  health,  mental   retardation   and   developmental
  disabilities and alcoholism and substance abuse of such department.
    2-b.  "Commissioner"  means  the  commissioner  of  mental health, the
  commissioner of mental retardation and developmental  disabilities,  the
  director  of  the  division  of  alcoholism  and  alcohol  abuse and the
  director of the division of substance abuse.
    3. "Corporation" means the facilities development corporation  created
  by this act.
    3-a.  "Dormitory  authority"  means the dormitory authority created by
  the dormitory authority act as amended, being title four of  the  public
  authorities law.
    3-b.  "Facility  for  the  department  of  corrections  and  community
  supervision" means real property, a building, a unit within a  building,
  or  any  structure  on  or  improvement  to real property of any kind or
  description essential,  necessary  or  useful  in  the  program  of  the
  department of corrections and community supervision, including all usual
  attendant  and  related facilities, fixtures, equipment, and connections
  for utility services or any combinations  thereof,  designed,  acquired,
  constructed,  reconstructed,  rehabilitated  and  improved, or otherwise
  provided for the department of corrections and community supervision.
    4. "Federal government" means the United States of  America,  and  any
  officer,  department,  board, commission, bureau, division, corporation,
  agency or instrumentality thereof.

    5.  "Governing  body"  means  the   board   of   supervisors,   county
  legislature,  board of aldermen, common council, council, commission, or
  other elective governing board or body now or hereafter vested by  state
  statute,  charter  or  other law with jurisdiction to initiate and adopt
  local  laws,  whether  or  not such local laws or ordinances require the
  approval of the elective chief executive officer or  other  official  or
  body  to become effective, and except that with respect to a city having
  a population of one million or more the term "governing body" shall mean
  the board of estimate.
    6. "Health facility" means a building, a unit  within  a  building,  a
  laboratory,  a  classroom,  a housing unit, a dining hall, an activities
  center, a library, or any structure on or improvement to  real  property
  of  any  kind or description, including fixtures and equipment which are
  an integral part of any such building, unit, structure or improvement, a
  walkway, a roadway or a parking lot, and improvement and connections for
  water, sewer, gas, electrical, telephone, heating, air conditioning  and
  other  utility  services, or a combination of the foregoing, whether for
  patient care and treatment  of  staff,  staff  family  or  service  use,
  located  at or related to or constituting a hospital of, and located in,
  a municipality.
    7. "Health facilities improvement program" means a program or programs
  undertaken by the corporation pursuant to section eight of this act.
    8. "Hospital" means a hospital as defined in article  twenty-eight  of
  the public health law.
    9.  "Letting  agency"  means,  where  the corporation is undertaking a
  mental  hygiene  facilities  improvement  program  or  a  mental  health
  facilities improvement program, (i) the commissioner of general services
  if  by agreement with the corporation he is to award the contracts for a
  particular construction, reconstruction, rehabilitation  or  improvement
  project,  or  (ii)  the  corporation if it is to award such contracts as
  principal or as agent for the state housing finance agency or the  state
  medical care facilities finance agency.
    10. "Mental  hygiene  facility" shall mean a building, a unit within a
  building, a laboratory, a classroom, a housing unit, a dining  hall,  an
  activities  center, a library, real property of any kind or description,
  or any structure on or improvement to real property, or an  interest  in
  real  property,  of  any  kind  or  description,  owned  by or under the
  jurisdiction of the corporation, including fixtures and equipment  which
  are   an  integral  part  of  any  such  building,  unit,  structure  or
  improvement, a walkway, a roadway or a parking lot, and improvements and
  connections for water, sewer, gas, electrical, telephone,  heating,  air
  conditioning  and other utility services, or a combination of any of the
  foregoing, whether for patient care and treatment or staff, staff family
  or service use, located at or related to  any  psychiatric  center,  any
  developmental  center, or any state psychiatric or research institute or
  other facility now or hereafter  established  under  the  department.  A
  mental  hygiene  facility shall also mean and include a residential care
  center for adults, a "community mental health and retardation  facility"
  and  a  treatment  facility  for  use in the conduct of an alcoholism or
  substance abuse treatment program as defined in the mental  hygiene  law
  unless  such residential care center for adults, community mental health
  and retardation facility or alcoholism or substance  abuse  facility  is
  expressly  excepted,  or  the  context  clearly  requires otherwise. The
  definition contained in this  subdivision  shall  not  be  construed  to
  exclude  therefrom  a  facility owned or leased by one or more voluntary
  agencies that is to  be  financed,  refinanced,  designed,  constructed,
  acquired,  reconstructed,  rehabilitated  or  improved  under any lease,
  sublease, loan or other  financing  agreement  entered  into  with  such

  voluntary  agencies,  and  shall not be construed to exclude therefrom a
  facility to be made available from the corporation to a voluntary agency
  at the request of the commissioners of the  offices  of  the  department
  having   jurisdiction   thereof.   The   definition  contained  in  this
  subdivision shall not be construed to exclude therefrom a facility  with
  respect  to  which  a voluntary agency has an ownership interest in, and
  proprietary lease from, an organization formed for the  purpose  of  the
  cooperative ownership of real estate.
    11. "Mental hygiene facilities improvement program" means a program or
  programs  undertaken by the corporation pursuant to section nine of this
  act.
    12. "Mentally disabled" means a person having a mental  disability  as
  defined in section 1.03 of the mental hygiene law.
    13. "Municipality" means a county, city, town or village, except that,
  where  the  corporation  is  undertaking a health facilities improvement
  program, such term shall mean a county,  city  or  town  constituting  a
  social   services  district  as  defined  in  sections  two,  sixty-one,
  seventy-five and seventy-five-a of the social services law, or  any  two
  or  more  of  the foregoing which are acting jointly to provide a health
  facility or health facilities.
    13-a. "Municipal building" shall mean a building, including grading or
  improvement of the site, furnishings, equipment and utility services  in
  conjunction  with  such  a  building,  to  be  principally  used for the
  administrative offices of a municipality or for the storage or repair of
  maintenance equipment. Nothing herein shall be construed to prevent  the
  corporation   from  entering  into  an  agreement  for  the  design  and
  construction of a local correctional  facility  in  combination  with  a
  municipal building.
    14. "Division  of alcoholism and alcohol abuse facility or division of
  substance  abuse  services  facility"  means  a  rehabilitation  center,
  treatment  program  or  other  facility  or part thereof established and
  operated under the professional  jurisdiction  and  supervision  of  the
  office  of  alcoholism and substance abuse services, created pursuant to
  article 19 of the mental hygiene law.
    15. "Real property" means lands and  improvements  and  any  fixtures,
  equipment  and  articles  of  personal  property  affixed  to or used in
  connection therewith, lands under water, waterfront property, the  water
  of  any  lake,  pond or stream and any and all easements, franchises and
  hereditaments, corporeal or incorporeal, and every estate, interest  and
  right  therein,  legal  and  equitable  in  lands  or waters, and right,
  interest, privilege,  easement  and  franchise  relating  to  the  same,
  including  terms  for  years  and  liens by way of judgment, mortgage or
  otherwise.
    16. "State" means the state of New York.
    17. "State agency" means any officer, department,  board,  commission,
  bureau,  division, public benefit corporation, agency or instrumentality
  of the state.
    18-a. "State housing finance agency" means the New York state  housing
  finance  agency  created by article three of the private housing finance
  law.
    18-b. "State medical care facilities finance  agency"  means  the  New
  York  state  medical  care  facilities finance agency created by the New
  York state medical care facilities finance agency act.
    19. "Voluntary agency" means a corporation organized under or existing
  pursuant to the not-for-profit corporation law providing or, pursuant to
  a written agreement  with  the  appropriate  commissioner,  approved  to
  provide  housing  that  includes  residences  for  persons  with  mental
  disabilities,  or  services  benefitting  or  assisting  in  the   care,

  treatment,   rehabilitation   or  maintenance  of  persons  with  mental
  disabilities, community mental health or residential services, community
  mental   retardation   services,   or   alcohol,   substance-abuse,   or
  chemical-dependency  residential  or non-residential treatment services,
  or for any combination  of  the  foregoing.  Notwithstanding  any  other
  provision  of  law  to the contrary, voluntary agency shall also include
  any entity receiving financing, approvals or assistance of any form from
  the state housing finance agency or the state division  of  housing  and
  community  renewal for one or more integrated housing projects including
  projects serving  persons  with  mental  disabilities,  which  shall  be
  approved  by  the  appropriate commissioner. Such commissioner is hereby
  authorized to enter into any agreements necessary  or  useful  for  such
  projects, subject to the approval of the director of the budget.
    §  4.  Facilities Development corporation. There is hereby created the
  facilities development corporation. The corporation shall be a corporate
  governmental agency constituting a public benefit corporation. From  and
  after the effective date of the health care financing consolidation act,
  as provided in subdivision 1 of section 1699-f of the public authorities
  law,  the  corporation  shall  continue  its  corporate existence in and
  through the dormitory  authority,  and  the  dormitory  authority  shall
  succeed to all of the powers, duties and functions of the corporation.
    §  5.  General powers and duties of corporation. The corporation shall
  have the following powers in addition to  those  specifically  conferred
  elsewhere in this act.
    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,  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 corporation and the
  state housing finance  agency  or  the  state  medical  care  facilities
  finance  agency,  as  the  case may be, shall determine, any or all real
  property acquired by such agency for  a  health  facilities  improvement
  program.
    7. Subject to the terms and conditions of any lease, sublease, loan or
  other  financing  agreement  with  the  appropriate  commissioner of the
  department or the state housing finance agency or the state medical care
  facilities finance agency, to possess, hold, use and improve, all mental
  hygiene facilities and all real and personal property acquired by or  on
  behalf  of  the  corporation for a mental hygiene facilities improvement
  program so long as its corporate existence shall continue.
    8. a. With  the  approval  of  the  appropriate  commissioner  of  the
  department  and  the  director  of the budget, to purchase real property
  necessary or convenient for  a  mental  hygiene  facilities  improvement
  program  in the name of the state, except where such purchase is for the
  purpose of providing community mental health and retardation  facilities
  in which case such purchase shall be in its own name; provided, however,
  that  all  such  purchases  shall  be  made  pursuant  to legislation or
  appropriations in accordance with section nine of this act.  Nothing  in
  this section contained shall be construed to prohibit the acquisition of
  real   property   by   purchase  or  appropriation  by  the  appropriate
  commissioner of the department pursuant to article  seventy-one  of  the

  mental  hygiene  law for the purpose of making mental hygiene facilities
  available under license or permit from the corporation  to  a  voluntary
  agency, subject to the terms and conditions of any lease, sublease, loan
  or  other  financing  agreement with the state housing finance agency or
  the state medical  care  facilities  finance  agency,  (i)  for  use  in
  providing  community  mental  health and retardation services, including
  services in a residential care  center  for  adults,  or  (ii)  for  the
  conduct of an alcoholism or substance abuse treatment program as defined
  in article nineteen of the mental hygiene law.
    b.  To  execute  and  deliver  deeds for real property held in its own
  name.
    c. To convey an easement as described in this subdivision, in or  over
  state-owned  lands  under the jurisdiction of the facilities development
  corporation for the use of the department of mental hygiene  subject  to
  prior  notice to the commissioner of general services by filing with him
  a copy of the proposed easement which shall be followed by  such  filing
  of  a copy of the easement conveyed, to a public corporation or a public
  service corporation, in perpetuity or otherwise.  For  the  purposes  of
  this  subdivision  an  easement  may  be granted for the connection of a
  water main, sewer  pipe  or  other  utility  line  or  similar  facility
  maintained  for  public  use,  owned by any public corporation or public
  service corporation, which shall be used for or in connection  with  any
  facility  occupied, used or serving the program of one of the offices of
  the department of mental hygiene as  defined  in  subdivision  two-a  of
  section  three  of  section  one  of this act. The consideration for the
  grant of any such easement may consist of the agreement by  the  grantee
  to maintain the subject utility facility.
    d.  To convey an easement as described in this subdivision, in or over
  private lands under  the  jurisdiction  of  the  facilities  development
  corporation  for  the use of the department of mental hygiene subject to
  prior notice to the commissioner of general services by filing with  him
  a  copy  of the proposed easement which shall be followed by such filing
  of a copy of the easement conveyed, to a public corporation or a  public
  service  corporation,  in  perpetuity  or otherwise. For the purposes of
  this subdivision an easement may be granted  for  the  connection  of  a
  water  main,  sewer  pipe  or  other  utility  line  or similar facility
  maintained for public use, owned by any  public  corporation  or  public
  service  corporation,  which shall be used for or in connection with any
  facility occupied, used or serving the program of one of the offices  of
  the  department  of  mental  hygiene  as defined in subdivision two-a of
  section three of section one of this  act.  The  consideration  for  the
  grant  of  any such easement may consist of the agreement by the grantee
  to maintain the subject utility facility.
    e. Nothing contained in paragraphs c and d of this  subdivision  shall
  limit,  restrict  or affect the authority of the commissioner of general
  services under section three of the public lands law.
    9. 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, including
  the original furnishings, equipment, machinery  and  apparatus  required
  for mental hygiene or health facilities upon the completion of work: (i)
  in  the  case  of  a  mental  hygiene  facility to transfer, sublease or
  otherwise make such personal property available  to  the  department  of
  mental  hygiene or to a city or county, in accordance with the terms and
  conditions of any agreement with the  appropriate  commissioner  of  the
  department, the commissioner of general services, such city or county or
  the  state housing finance agency; (ii) in the case of a health facility
  to transfer or otherwise make such  personal  property  available  to  a

  municipality  in  accordance  with  the  terms  and  conditions  of  any
  agreement with such municipality, the state housing  finance  agency  or
  the state medical care facilities finance agency.
    10.  To  design,  construct,  acquire,  reconstruct,  rehabilitate and
  improve health facilities, facilities for the department of  corrections
  and  community  supervision and mental hygiene facilities, or cause such
  facilities  to  be  designed,  constructed,   acquired,   reconstructed,
  rehabilitated  and  improved,  in accordance with the provisions of this
  act.
    11.  In  connection  with  such  design,  construction,   acquisition,
  reconstruction,  rehabilitation  and improvement, to install or cause to
  be installed water, sewer,  gas,  electrical,  telephone,  heating,  air
  conditioning   and   other   utility   services,  including  appropriate
  connections.
    12. Subject to the terms and conditions of any lease,  sublease,  loan
  or  other  financing  agreement  between  the  corporation and the state
  housing finance agency or the  state  medical  care  facilities  finance
  agency,  as  the case may be, or between such agency and a municipality,
  as the case may be, and in the case of mental  hygiene  facilities  with
  the  appropriate commissioner of the department, to maintain, repair and
  keep up the real property held by it pursuant to this act.
    13. Subject to the terms and conditions of any lease,  sublease,  loan
  or  other  financing  agreement with the state housing finance agency or
  the  state  medical  care  facilities  finance  agency,   and   to   the
  determination  of the appropriate commissioner of the department, and in
  the case of community mental health and retardation facilities,  of  the
  city  or  county,  that  such  real  property held for the purposes of a
  mental hygiene facilities improvement program  is  unnecessary  for  the
  present  or  foreseeable future needs of a mental hygiene facility, with
  the approval of the director of the budget, to convey for fair value any
  right, title or interest of the people of the state of New York  in  and
  to  such  real  property  to  any  appropriate  state  agency, or public
  corporation, city or county for other public use or for sale,  lease  or
  other  disposition  in  accordance  with  law, real property held by the
  corporation, provided, however, nothing in  this  subdivision  shall  be
  deemed  to  supercede  the  provisions  of  section  41.34 of the mental
  hygiene law and provided further  that  any  such  conveyance  shall  be
  subject  to,  and  consistent with the terms and objectives of, any plan
  developed by the state interagency council on  mental  hygiene  property
  utilization.  The  corporation  shall  provide  written  notice at least
  thirty days in advance of the effective date of any  conveyance  to  the
  governor,  the  majority  leader  of  the  senate and the speaker of the
  assembly. No conveyance as  authorized  in  this  subdivision  that  may
  adversely affect the tax exempt nature of any such lease, sublease, loan
  or  other  financing  agreement with the state housing finance agency or
  the New York state medical care  facilities  finance  agency  may  occur
  until  the  attorney general or other designated bond counsel determines
  in writing that the conveyance is consistent with all  applicable  state
  and  federal  laws,  rules  and  regulations,  and  with  deeds, leases,
  subleases, loan agreements, financing agreements, and  bond  resolutions
  relating  to or affected by the conveyance, and that the conveyance does
  not impair the tax exempt status of outstanding  obligations  issued  by
  the  state  housing  finance  agency  or the New York state medical care
  facilities  finance  agency  to  finance  or   refinance   the   design,
  construction, acquisition, reconstruction, rehabilitation or improvement
  of  mental  health  service  facilities as defined in the New York state
  medical care facilities finance agency act.

    13-a. Subject to the terms and conditions of any lease, sublease, loan
  or other financing agreement with the state housing  finance  agency  or
  the   state   medical   care   facilities  finance  agency  and  to  the
  determination of the appropriate commissioner of the department, to make
  a  mental  hygiene  facility available under lease, sublease, license or
  permit from the corporation to a voluntary agency,  or,  notwithstanding
  the  provisions  of the public lands law or any other general or special
  law to the contrary, to convey the right,  title  and  interest  of  the
  people  of  the  state  of New York in and to such facility and the land
  appurtenant thereto  to  such  voluntary  agency  upon  such  terms  and
  conditions  as  shall  be provided in an agreement among the appropriate
  commissioner of the  department,  the  corporation  and  such  voluntary
  agency  with the approval of the director of the budget, the comptroller
  and the commissioner of any office of the department having programmatic
  or fiscal jurisdiction or licensing or certifying  authority  over  that
  voluntary agency with respect to the intended use.
    13-b.  Subject  to  the  terms  and  conditions  of  any  deed, lease,
  sublease, loan or other  financing  agreement  with  the  state  housing
  finance  agency  or  the  New York state medical care facilities finance
  agency, and upon the determination of the  appropriate  commissioner  of
  the  department  of mental hygiene, to sublease as sublessor, in its own
  name, mental hygiene facilities leased to the  corporation  by  the  New
  York  state  medical  care  facilities  finance  agency, and to lease as
  lessor real property held  by  the  corporation,  upon  such  terms  and
  conditions  as  may  be  provided  in an agreement among the appropriate
  commissioner of the department, the corporation, and such  sublessee  or
  lessee,  with  the  approval  of  the director of the budget, and, where
  pertinent, the commissioner of  any  office  of  the  department  having
  programmatic or fiscal jurisdiction or licensing or certifying authority
  over  a  voluntary  agency  or any other sublessee or lessee entity with
  respect to the intended use. Such a sublease or lease shall be effective
  only after  the  attorney  general  or  other  designated  bond  counsel
  determines,  in  writing,  that  it  is  consistent  with all applicable
  federal and state laws, rules and regulations, and  all  deeds,  leases,
  subleases,  loan  agreements,  financing agreements and bond resolutions
  relating to or affected by the premises being sublet or  let,  and  that
  such  a  sublease  or  lease  does  not  impair the tax-exempt status of
  outstanding obligations issued by the housing finance agency or the  New
  York state medical care facilities finance agency.
    13-c.  To  lease, as lessee, and to sublease, as sublessor, in its own
  name, mental hygiene facilities owned or leased by one or more voluntary
  agencies that are to be  financed,  refinanced,  designed,  constructed,
  acquired,  reconstructed,  rehabilitated  and  improved under any lease,
  sublease, loan or other  financing  agreement  entered  into  with  such
  voluntary  agencies  or  the  medical  care facilities finance agency in
  accordance with regulations that shall be promulgated by either  one  of
  the  appropriate  commissioners  or  directors  of  the  department  and
  approved by the director of the budget, which regulations shall  require
  that  any  mental hygiene facility owned or leased by a voluntary agency
  the design, construction, reconstruction, acquisition, rehabilitation or
  improvement of which is to be financed or refinanced in whole or in part
  with proceeds of mental health services facilities improvement bonds  or
  notes  issued  by  the  medical  care facilities finance agency, and any
  other mental hygiene facilities that may be constructed or acquired with
  funds realized by or returned to such voluntary  agency  or  jointly  to
  such voluntary agency and one more voluntary agencies which will operate
  such  facility as a result of such financing or refinancing, be approved
  for financing or refinancing pursuant to this act by the director of the

  budget and be operated, while such bonds or notes are outstanding, in  a
  manner and for purposes pursuant to the mental hygiene law.
    13-d. Subject to the terms and conditions of any lease, sublease, loan
  or  other  financing  agreement with the medical care facilities finance
  agency in accordance with subdivision 13-c  of  this  section,  to  make
  loans  to voluntary agencies for the purpose of financing or refinancing
  the design, construction,  acquisition,  reconstruction,  rehabilitation
  and  improvement  of  mental  hygiene facilities owned or leased by such
  voluntary  agencies  provided,  however,  that  with  respect  to   such
  facilities which are leased by a voluntary agency, the term of repayment
  of  such  loan  shall  not  exceed  the term of such lease including any
  option to renew such lease. Notwithstanding any other provisions of law,
  such loans may be made jointly to one or more voluntary  agencies  which
  own  and  one  or  more  voluntary  agencies which will operate any such
  mental hygiene facility.
    13-e. To receive from the comptroller state aid  payments  pledged  or
  agreed  to be paid by any voluntary agency in accordance with any lease,
  sublease, loan or other  financing  agreement  entered  into  with  such
  voluntary  agency.  Such  pledges  may be made from sources of state aid
  including but  not  limited  to  payments  made  pursuant  to:  articles
  nineteen, twenty-five and forty-one of the mental hygiene law.
    13-f. The executive director of the facilities development corporation
  is authorized and empowered to enter into and implement agreements under
  which   the   facilities   development  corporation  may  designate  the
  commissioner of the office of mental health,  the  commissioner  of  the
  office   of  mental  retardation  and  developmental  disabilities,  the
  director of the division of substance abuse services, or the director of
  the division of alcoholism and alcohol  abuse,  with  respect  to  their
  respective   facilities,   as  agents  for  the  facilities  development
  corporation  with  respect  to  the  financing  of  voluntary   provider
  not-for-profit community development, and under which such commissioners
  and  directors  may act as its agent, with respect to any and all duties
  for such corporation as  set  forth  and  contained  in  this  act.  The
  commissioners,  the  directors,  and  the executive director shall enter
  into such agreements, subject to the approval of  the  director  of  the
  budget,  which  delineate  the respective duties of each party when such
  commissioners and directors are designated agents of such corporation.
    14. To make  and  execute  contracts  and  all  other  instruments  or
  agreements  necessary  or  convenient  for the exercise of its corporate
  powers or the fulfillment of its corporate purposes.
    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
  services and technical assistance and advice.
    16.  To  procure  insurance  against  any  loss in connection with any
  facility in such amounts and from such insurers as it deems desirable.
    17. With the consent of the commissioner of health, or the appropriate
  commissioner of the department, as the case may be, to use  the  agents,
  employees and facilities of the respective agencies.
    18.  Subject  to  the  approval  of  the commissioner of health or the
  appropriate commissioner of the department, as the case may be, to apply
  for, accept, administer and disburse federal aid.
    19. To accept any gifts or grants or loans of  funds  or  property  or
  financial  or  other  aid in any form from the federal government or any
  agency  or  instrumentality  thereof  or  from  the   state,   including
  appropriations,  or  from any other source, and to comply with the terms
  and conditions thereof.

    20. To do any and all things necessary or convenient to carry out  its
  corporate  purposes and exercise the powers given and granted it in this
  act.
    § 6. Purposes of the corporation. The purposes of the corporation are:
    1.  To  facilitate  the  timely  provision, acquisition, construction,
  reconstruction, rehabilitation or improvement of health  facilities  for
  the  prevention,  diagnosis or treatment of human disease, pain, injury,
  deformity or physical condition, at  a  reasonable  cost,  in  order  to
  reduce  the  time  lag  between  the  determination of the need for such
  facilities and their actual availability for use.
    2. To assist the department of  health,  which  is  the  state  agency
  having  the  central,  comprehensive  responsibility for development and
  administration of the  state's  policy  with  respect  to  hospital  and
  related  services,  in  the discharge of its duties and responsibilities
  under article twenty-eight of the public health law.
    3. To provide mental hygiene facilities, other than  community  health
  and  retardation  facilities, for the care, maintenance and treatment of
  the mentally disabled, for research and training  related  thereto,  and
  for the members of the staff of state institutions in the department and
  their families, to reduce the time lag between determination of need for
  such   facilities   and   actual  occupancy  thereof,  to  expedite  the
  construction, acquisition, reconstruction, rehabilitation or improvement
  of such facilities, to assure that the same are completed and ready  for
  the  purposes  intended  in  the  light  of foreseeable needs, to assure
  exclusive possession, jurisdiction, control  and  supervision  over  all
  mental  hygiene facilities in order to effectuate the aforesaid purposes
  and to make such facilities available to the appropriate commissioner of
  the department for use in the care, maintenance  and  treatment  of  the
  mentally disabled.
    4.  To  provide community mental health and retardation facilities for
  the mentally disabled, for out-patient care  and  short-term  in-patient
  care,  including  after  care and diagnostic and rehabilitative services
  and training and research, for and at the request of cities and counties
  not wholly within a city, authorized to provide community mental  health
  services  in  accordance with the provisions of article forty-one of the
  mental hygiene law, to reduce the time between determination of the need
  for such facilities  and  actual  occupancy  thereof,  to  expedite  the
  construction, acquisition, reconstruction, rehabilitation or improvement
  of  such facilities, to assure that the same are completed and ready for
  the purposes intended in the light of current and foreseeable needs, all
  as approved by the appropriate commissioner of the department.
    5. To provide mental hygiene facilities to  be  made  available  under
  license  or  permit  from  the  corporation to voluntary agencies at the
  request of the appropriate commissioner of the department in  accordance
  with  the  provisions  of this act for use in providing community mental
  health and retardation services  and  services  in  a  residential  care
  center for adults.
    6.  To  provide  office  of  alcoholism  and  substance abuse services
  facilities to be  made  available  under  license  or  permit  from  the
  corporation  to  voluntary  agencies  at  the  request  of the office in
  accordance with the provisions of this act for use in the conduct of  an
  alcoholism or substance abuse treatment program.
    7.  To  provide  facilities  for  the  department  of  corrections and
  community supervision.
    § 7. Relationship with the state  departments  of  health  and  mental
  hygiene. 1. The corporation shall upon request assist and cooperate with
  and  make its personnel and services fully available to the commissioner
  of health and the department of health  in  matters  relating  to  their

  responsibilities for the approval of construction of hospital and health
  facilities  pursuant  to  article twenty-eight of the public health law.
  The corporation shall also consult with  the  department  of  health  in
  matters    relating   to   construction   standards,   including   space
  requirements, site plans, architectural concept,  original  furnishings,
  equipment,  machinery  and  apparatus  needed  to furnish and equip such
  facilities.
    2. The corporation shall assist and cooperate with and shall make  its
  personnel  and  services  fully  available  to  the  department  and its
  commissioners in matters relating to  their  responsibilities  for  land
  acquisition  and capital planning relating to mental hygiene facilities.
  During the course of construction,  reconstruction,  rehabilitation  and
  improvement  of mental hygiene facilities, the corporation shall consult
  with personnel of the department  as  the  work  progresses  in  matters
  relating  to space requirements, site plans, architectural concepts, and
  substantial changes in the plans and  specifications  therefor,  and  in
  matters  relating  to the original furnishings, equipment, machinery and
  apparatus needed to furnish and equip mental hygiene facilities upon the
  completion of work. The department and its commissioners on  their  part
  shall assist and cooperate with the corporation in such matters.
    3. The corporation shall also assist and cooperate with and shall make
  its  personnel  and services fully available to the office of alcoholism
  and substance abuse services in matters relating to the responsibilities
  of such office for site selection, acquisition of and  capital  planning
  relating  to alcoholism or substance abuse facilities. During the course
  of construction, reconstruction, rehabilitation and improvement of  such
  facilities  the  corporation shall consult with personnel of such office
  as the work progresses in matters relating to space  requirements,  site
  plans,  architectural  concepts and substantial changes in the plans and
  specifications  therefor  and  in  matters  relating  to  the   original
  furnishings,  equipment,  machinery, and apparatus needed to furnish and
  equip such facilities upon the completion of the  work.  The  office  of
  alcoholism  and substance abuse services shall assist and cooperate with
  the corporation in such matters.
    § 7-a. Relationship with  the  state  department  of  corrections  and
  community  supervision.  The  corporation,  upon  the  issuance  by  the
  director of the budget of a certificate of approval segregating funds to
  pay for their corporate services, shall design, construct,  reconstruct,
  rehabilitate,  improve,  and  equip  facilities  for  the  department of
  corrections  and  community  supervision  or  cause  facilities  to   be
  designed,   constructed,  reconstructed,  rehabilitated,  improved,  and
  equipped. The corporation shall also assist and cooperate with and shall
  make its personnel and services fully available to the  commissioner  of
  corrections  and community supervision and the department of corrections
  and community supervision in matters relating to their  responsibilities
  for  site  selection,  acquisition  of  and capital planning relating to
  facilities for the department of corrections and community  supervision.
  During   the   course   of  construction,  acquisition,  reconstruction,
  rehabilitation and improvement of such facilities, the corporation shall
  consult with the commissioner of corrections and  community  supervision
  and  the  personnel  of  the  department  of  corrections  and community
  supervision  as  the  work  progresses  in  matters  relating  to  space
  requirements,  site plans, architectural concept and substantial changes
  in the plans and specifications therefor and in matters relating to  the
  original  furnishings,  equipment,  machinery,  and  apparatus needed to
  furnish and equip such facilities upon the completion of the  work.  The
  commissioner of corrections and community supervision and the department

  of corrections and community supervision shall assist and cooperate with
  the corporation in such matters.
    §  8. Provisions relating to health facilities improvement program. 1.
  Municipal health facilities agency. The mayor or other  chief  executive
  of  a  municipality  shall  designate  a  department, board, commission,
  bureau, division or other agency or official to act  on  behalf  of  the
  municipality  as  a  municipal  health  facilities  agency  in  order to
  accomplish the purposes of this section and section forty-seven-d of the
  private housing finance law.
    2. Construction. a. The corporation  shall,  as  agent  of  the  state
  housing finance agency, construct a health facility or health facilities
  or cause such facility or facilities to be constructed, provided that:
    (i)  The  state  housing  finance  agency  or  the  state medical care
  facilities finance agency, as the case may  be,  and  the  municipality,
  with  the approval of the governing body, have entered into an agreement
  which shall set forth the health facility or  health  facilities  to  be
  constructed,  the  total  estimated  cost  of  each  such  facility, the
  estimated date of completion thereof and the estimated annual rentals to
  be paid by the municipality therefor. The agreement shall  contain  such
  other terms and conditions as may be agreed upon and shall be subject to
  the  approval  of  the  commissioner of health. Nothing herein contained
  shall preclude the corporation from being a party to any such agreement.
    (ii) The commissioner of health shall have certified  that  there  has
  been  compliance  with  all  requirements of article twenty-eight of the
  public health law.
    b. When two or more municipalities act jointly  to  provide  a  health
  facility,  the  agreement referred to in subparagraph (i) of paragraph a
  of this subdivision shall require the approval of the governing body  of
  each  municipality  and shall specify the rights, duties and obligations
  of each municipality.
    c. The corporation  shall  prepare  separate  specifications  for  and
  solicit separate and independent bids on and award separate contracts on
  the  subdivisions  of  work  to  be  performed  specified in section one
  hundred thirty-five of the state finance law, but the corporation in its
  discretion may assign such contracts for supervision to  the  successful
  bidder  for the remaining work to be performed at the time the contracts
  for the particular health facility are awarded. Each  contract  for  the
  construction  of  a  health  facility  may  include a provision that the
  architect who  designed  the  facility,  or  an  architect  or  engineer
  retained  or employed specifically for the purpose of supervision, shall
  supervise the work to be performed through to completion and  shall  see
  to  it  that  the  materials  furnished  and  the  work performed are in
  accordance  with  the  drawings,  plans,  specifications  and  contracts
  therefor.
    d.  All contracts which are to be awarded pursuant to this subdivision
  shall be awarded by public letting  in  accordance  with  the  following
  provisions,  notwithstanding  the  provisions  of  section  one  hundred
  thirty-six, one hundred thirty-nine or one hundred forty  of  the  state
  finance  law,  except  that  the corporation in its discretion may enter
  into a contract for such  purposes  without  public  letting  where  the
  estimated expense thereof is less than ten thousand dollars.
    (i)  If  the  contracts  are to be publicly let, the corporation shall
  advertise the  invitation  to  bid  in  a  newspaper  published  in  the
  municipality  in  which  the  health facility project is situated and in
  such other newspapers as will be most likely  in  its  opinion  to  give
  adequate  notice  to  contractors  of  the  work  required  and  of  the
  invitation to bid. The invitation to bid shall contain such  information
  as  the  corporation  shall deem appropriate and a statement of the time

  and place where all bids  received  pursuant  to  such  notice  will  be
  publicly opened and read.
    (ii) The corporation shall not award any contract after public bidding
  except  to  the lowest bidder who in its opinion is qualified to perform
  the work required and is responsible and reliable. The corporation  may,
  however,  reject any or all bids, again advertise for bids, or waive any
  informality in a bid if it believes that the  public  interest  will  be
  promoted  thereby. The corporation may reject any bid if in its judgment
  the business and technical  organization,  plant,  resources,  financial
  standing or business experience of the bidder, compared with the work to
  be performed, justify such rejection.
    (iii)  The  invitation  to  bid and the contract awarded shall contain
  such other terms and conditions and such provisions for penalties as the
  corporation may deem desirable.
    (iv) The corporation shall require such deposits, bonds  and  security
  in  connection  with  the submission of bids, the award of contracts and
  the performance of work as it  shall  determine  to  be  in  the  public
  interest  and  for the protection of the state housing finance agency or
  the state medical care facilities finance agency, as the  case  may  be,
  and the municipality.
    (v)  The  directors of the corporation shall determine when minor work
  of construction, reconstruction, alteration  or  repair  of  any  health
  facility  may  be  done  by  special order. Special orders for such work
  shall be short-form contracts. No work shall be done by special order in
  an amount in excess of twenty thousand dollars and a bond shall  not  be
  required  for  special  orders.  No  work shall be done by special order
  unless a diligent effort has been made to obtain competition  sufficient
  to  protect  the  public  interest  prior to selecting the contractor to
  perform the work. Notwithstanding any other provision of this  paragraph
  work  done  by  special  order under this subparagraph may be advertised
  through the regular public notification service of the office of general
  services or the state register. At least five days shall elapse  between
  the  first  publication  of such public notice and the date so specified
  for the public opening of bids. All payments on special orders shall  be
  made on the certificate of the directors of the corporation. All special
  orders  shall  contain  a  clause  that  the special order shall only be
  deemed executory to the extent of the moneys available and no  liability
  shall  be  incurred  by  the  corporation or the state beyond the moneys
  available for the purpose.
    § 8-A. Provisions  relating  to  agreements  with  certain  non-profit
  corporations.  1.  The  corporation  is  authorized  to  enter  into  an
  agreement,  at  the  request  of  the  commissioner  of   health,   with
  corporations  which are eligible borrowers as defined in article 28-B of
  the public health law providing for such services and such  compensation
  as  shall  be  approved  by  the  commissioner  of health incident to an
  application for a mortgage loan pursuant to the  provisions  of  article
  28-B  of  the public health law. As a condition prerequisite to any such
  agreement, the commissioner of health shall have  certified  as  to  the
  public need for the proposed facility.
    2.  The corporation is authorized to enter into an agreement, with the
  approval of the commissioner of health, with  a  non-profit  corporation
  organized under the laws of this state providing for the services of the
  corporation to be made available to such non-profit corporation incident
  to  the  design  and  construction  of a facility or facilities included
  within the meaning  of  the  word  "hospital",  as  defined  in  article
  twenty-eight  of  the  public  health law, to be financed by means other
  than pursuant to article 28-B of such law. Such agreement shall  provide
  that  all  such services and expenses of the corporation with respect to

  such facility or facilities shall be at the sole  cost  and  expense  of
  such non-profit corporation. As a prerequisite to any such agreement the
  commissioner  of  health  shall have certified as to the public need for
  the proposed facility or facilities.
    §  8-b. Provisions relating to agreements with certain municipalities.
  1.  The corporation is authorized to enter  into  an  agreement  with  a
  municipality  providing  for  the  design by the corporation of a health
  facility or health facilities for such municipality at the sole cost and
  expense of the municipality. Such agreement may  also  provide  for  the
  construction,  reconstruction,  rehabilitation  and  improvement of such
  health facility or health facilities by the corporation at the sole cost
  and expense of the municipality or  of  any  agency  or  instrumentality
  thereof.  A  municipality  is  hereby  authorized  to  enter  into  such
  agreements with the corporation and to provide for the  payment  to  the
  corporation  of  all expenses incurred at such times and in such amounts
  as shall be set forth in the agreement, notwithstanding  the  provisions
  of  any  general,  special or local law or of any charter. The agreement
  shall contain such other terms and conditions as may be agreed  upon  by
  the  corporation  and the municipality. The corporation shall enter into
  an agreement with a  municipality  prior  to  the  commencement  of  any
  corporation  services.  No agreement entered into between the facilities
  development corporation and a  municipality  pursuant  to  this  section
  shall  be effective until the director of the budget has determined that
  the total estimated charge to be collected by the corporation  from  the
  municipality  is  fair  and  reasonable in relationship to the estimated
  total project cost and also that sufficient provisions exist  to  insure
  the  collection of such charge by the corporation from the municipality.
  The corporation shall by regulation prescribe a procedure or  procedures
  for  the  application  by  a  municipality  to  the  corporation for its
  assistance and the corporation's procedure or procedures for the design,
  construction, reconstruction, rehabilitation and improvement of a health
  facility or health facilities. Any such regulation shall be submitted to
  the director of the budget for his approval prior to its effectiveness.
    2. In the design,  construction,  reconstruction,  rehabilitation  and
  improvement  of  a health facility pursuant to an agreement entered into
  as provided in subdivision one of this section, the corporation shall be
  governed by  the  applicable  provisions  relating  to  the  design  and
  construction  of health facilities as set forth in subparagraphs c and d
  of paragraph (ii) of subdivision two of section eight of this act.
    § 9. Provisions relating  to  mental  hygiene  facilities  improvement
  program   and   monies   thereof.   1.  Capital  construction  planning,
  construction standards, design and municipal regulations.
    a. The appropriate commissioner or director of  the  department  shall
  cause  to  be  prepared,  with  the  assistance  of the corporation, the
  commissioner of  general  services  and  the  division  of  the  budget,
  proposed  standards  for  all  mental  hygiene  facilities or classes of
  mental  hygiene  facilities  to  be  financed,   refinanced,   designed,
  constructed,   reconstructed,  rehabilitated  or  improved  pursuant  to
  contracts executed by  the  corporation,  the  commissioner  of  general
  services,   the  state  housing  finance  agency  or  the  medical  care
  facilities finance agency, other than mental hygiene facilities owned or
  leased by one or more  voluntary  agencies  that  are  to  be  financed,
  refinanced,   designed,  constructed,  reconstructed,  rehabilitated  or
  improved pursuant to any such contract. The proposed standards  may,  in
  the  discretion  of  the  appropriate  commissioner  or  director of the
  department, include, among other  things,  provisions  relating  to  the
  quality  and type of materials to be used in such facilities, provisions
  for safety, fire protection, health and sanitation, provisions  for  the

  installation   of   fixtures,   furnishings,  equipment,  machinery  and
  apparatus in such facilities, and construction features  deemed  by  the
  appropriate  commissioner  or director of the department to be desirable
  for  the care, maintenance and treatment of the mentally disabled or for
  the use of staff  personnel  at  mental  hygiene  facilities  and  their
  families.  The proposed standards shall be forwarded to the governor for
  his approval, disapproval or modification. The proposed standards  shall
  be  deemed  adopted,  with  or without modifications as the case may be,
  upon written approval by the  governor.  Such  standards,  in  the  form
  adopted,  shall  be filed by the appropriate commissioner or director of
  the department with the secretary of state in  the  manner  provided  by
  section one hundred two of the executive law.
    Changes in the construction standards so adopted may from time to time
  be  formulated  and proposed, approved, disapproved or modified, adopted
  and filed in the same manner as the original standards.
    b. The directors of the corporation  shall  prepare  or  cause  to  be
  prepared  for  the  state  housing  finance  agency  or the medical care
  facilities finance agency, within the amounts appropriated  therefor  or
  otherwise available, the building plans, the exterior drawings or models
  displaying  the  architectural  concept  of each mental hygiene facility
  thereafter to be constructed, reconstructed, rehabilitated or  improved,
  and  the  detailed  plans  and specifications for all such construction,
  reconstruction, rehabilitation and improvement work to be performed, all
  of which shall be subject to the separate approval  of  the  appropriate
  commissioner  of  the  department  and,  in the case of community mental
  health and retardation facilities, of the governing body of the city  or
  county or of such officer, department, agency or community mental health
  board  as  may  be  designated by such governing body for the purpose of
  such approval. The directors of the corporation, except in the  case  of
  community  mental  health  and  retardation  facilities,  may  cause the
  building plans, drawings, models and detailed plans  and  specifications
  for  such work to be prepared under the direction of the commissioner of
  general services in accordance with the terms of any  agreement  entered
  into   between   the  corporation  and  such  commissioner  pursuant  to
  subdivision two of this section. In the case of community mental  health
  and  retardation  facilities, the directors of the corporation may cause
  such  building  plans,  drawings,  models   and   detailed   plans   and
  specifications  for such work to be prepared by its own employees, or on
  a contract basis, or by agreement with a city  or  county  or  with  any
  state department or agency authorized to perform such work.
    The  detailed  plans  and  specifications  for  any  such  work  to be
  performed pursuant to a contract  shall  comply  with  the  construction
  standards in effect at the time the contract is executed.
    Subject  to  the  terms  of  any  agreement  entered  into between the
  corporation  and  the  commissioner  of  general  services  pursuant  to
  subdivision  two  of  this  section  and between the corporation and the
  state housing finance agency or  the  medical  care  facilities  finance
  agency  pursuant  to  such section, the directors of the corporation may
  from time to time modify, or authorize modifications to,  such  detailed
  plans  and specifications provided (i) that the plans and specifications
  as so modified shall comply with the  construction  standards,  if  any,
  adopted pursuant to paragraph a of this subdivision and in effect at the
  time   of  the  modification,  and  (ii)  that  such  modifications,  if
  substantial, are made with the  separate  approval  of  the  appropriate
  commissioner  of  the  department  and,  in the case of community mental
  health and retardation facilities, of such governing body of the city or
  county or of such officer, department, agency or community mental health
  board as may be designated by such governing body  for  the  purpose  of

  such  approval,  and (iii) that in the event an amount for contingencies
  is appropriated or advanced to the corporation to pay  the  added  costs
  during  the  then current state fiscal year of all modifications made in
  the   course   of   construction,   reconstruction,  rehabilitation  and
  improvement of mental hygiene facilities, no such modifications shall be
  made or authorized in such fiscal  year  without  the  approval  of  the
  director  of  the budget unless the cost thereof shall be less than five
  percentum of the total estimated cost of the facility as  set  forth  in
  the  budget  bill  referred to in paragraph a of subdivision two of this
  section, but in  no  event  shall  any  such  modification  be  made  or
  authorized in such fiscal year if the cost thereof, plus the cost of all
  modifications  theretofore  made  or  authorized  during  the same state
  fiscal year, would exceed the amount for contingencies  appropriated  or
  advanced  for  the  purpose  of such modifications, and (iv) that in the
  event an amount for contingencies is not appropriated for the purpose of
  such modifications, no such modification involving an estimated  expense
  of  ten thousand dollars or more shall be made or authorized without the
  prior approval of the director of the budget.
    c.  In  the   design,   construction,   acquisition,   reconstruction,
  rehabilitation,  alteration and improvement of mental hygiene facilities
  to be made available under license or permit  from  the  corporation  to
  voluntary  agencies  for  use  in  providing community mental health and
  retardation  services,  the  corporation  shall  be  governed   by   the
  provisions of this act relating to the design and construction of mental
  hygiene  facilities  provided,  however,  that the program for each such
  facility  shall  have  been  prepared  under  the  supervision  of   the
  appropriate  commissioner  of  the  department  pursuant  to  the mental
  hygiene law at the  request  of  such  voluntary  agency  and  with  the
  approval  of  the  community mental health board established pursuant to
  article forty-one of the mental hygiene law.
    d.  In  the   design,   construction,   acquisition,   reconstruction,
  rehabilitation,  alteration  and  improvement of alcoholism or substance
  abuse facilities to be made available under license or permit  from  the
  corporation  to  voluntary  agencies  for  use  in  the  conduct  of  an
  alcoholism or substance abuse treatment program, the  corporation  shall
  be  governed  by  the  provisions of this act relating to the design and
  construction of alcoholism or substance abuse facilities  provided  that
  the   program  for  such  facility  shall  have  been  approved  by  the
  appropriate division of the office of alcoholism and substance abuse  at
  the request of the local agency.
    e.  No  county,  city,  town  or village shall have power to modify or
  change the plans or specifications for mental hygiene facilities  to  be
  constructed,  reconstructed,  rehabilitated or improved pursuant to this
  act,  or  the  construction,  plumbing,  heating,  lighting   or   other
  mechanical  branch  of  work necessary to complete the work in question,
  nor to require that any person, firm or corporation employed on any such
  work shall perform any such work in any other or different  manner  than
  that  provided by such plans and specifications, nor to require that any
  such  person,  firm  or  corporation  obtain  any  other  or  additional
  authority  or  permit  from  such  county,  city,  town  or village as a
  condition of doing such  work,  nor  shall  any  condition  whatever  be
  imposed  by  any  such  county, city, town or village in relation to the
  work being done pursuant to this act, but such work shall be  under  the
  sole control of the supervising architect or engineer in accordance with
  the  drawings,  plans, specifications and contracts in relation thereto;
  and the doing of any such work for the corporation by any  person,  firm
  or  corporation  in  accordance  with the terms of such drawings, plans,
  specifications or contracts shall  not  subject  said  person,  firm  or

  corporation  to  any liability or penalty, civil or criminal, other than
  as may  be  stated  in  such  contracts  or  incidental  to  the  proper
  enforcement thereof.
    2. Letting of construction contracts. a. The corporation shall design,
  construct,  acquire,  reconstruct,  rehabilitate  and improve all mental
  hygiene facilities, or cause  the  same  to  be  designed,  constructed,
  acquired,  reconstructed,  rehabilitated  and improved either on its own
  behalf or as agent for the state housing finance agency or  the  medical
  care  facilities  finance  agency, except that in the case of all mental
  hygiene facilities owned or leased by one  or  more  voluntary  agencies
  that  are  to be designed, constructed, reconstructed, rehabilitated and
  improved under any lease, sublease, loan or  other  financing  agreement
  entered  into  with  such  voluntary  agency,  the same may be designed,
  constructed, acquired, reconstructed, rehabilitated and improved by such
  voluntary  agencies,  provided  that   legislation   or   appropriations
  authorizing  the  same  (i)  have  been  requested  by  the  appropriate
  commissioner or director of the department, (ii) have  been  recommended
  by  the  governor in a budget bill, which is approved by the legislature
  for the  fiscal  year  for  which  the  recommendation  was  made  which
  specifies  the  mental  hygiene  facilities to be designed, constructed,
  acquired, reconstructed, rehabilitated or improved, the total  estimated
  cost  for  each  such facility, and the date when it is desired that the
  design, construction,  acquisition,  reconstruction,  rehabilitation  or
  improvement  of  each  mental  hygiene  facility  referred to therein be
  completed. All such work shall be performed in such manner as to  assure
  completion, so far as practicable, by the dates specified.
    b.   (i)   The   corporation   may   design,  construct,  reconstruct,
  rehabilitate and  improve  a  mental  hygiene  facility,  other  than  a
  community  mental  health and retardation facility, whether as principal
  or as agent for the state housing finance agency  or  the  medical  care
  facilities  finance  agency,  only by agreement with the commissioner of
  general services, except that in the  case  a  mental  hygiene  facility
  owned  or  leased  by  a  voluntary  agency  that  is  to  be  designed,
  constructed, reconstructed, rehabilitated and improved under any  lease,
  sublease,  loan  or  other  financing  agreement  entered into with such
  voluntary agency, or jointly with such voluntary agency and one or  more
  voluntary  agencies that operate such facility the same may be designed,
  constructed, reconstructed, rehabilitated and improved by such voluntary
  agencies, and except that:
    (a) if the commissioner of general services for any reason declines to
  enter into an agreement with the corporation for such purpose; or
    (b) if the commissioner of general services fails  to  enter  into  an
  agreement  with  the corporation for such purpose within forty-five days
  after receiving notification from the directors of  the  corporation  of
  the work to be performed; or
    (c)  if  the  commissioner of general services fails to advertise such
  work for bids within one year after entering into an agreement with  the
  corporation for the performance of such work; or
    (d)  if  the  estimated  expense  of  any  such  work is less than ten
  thousand  dollars,   the   corporation   may   construct,   reconstruct,
  rehabilitate  and improve a mental hygiene facility by its own employees
  or by contract awarded pursuant to paragraph g of this subdivision.
    (ii) The corporation, with the approval of the director of the budget,
  may construct, reconstruct, rehabilitate and improve a community  mental
  health  and retardation facility by its own employees, by agreement with
  a city or county or with any state department or  agency  authorized  to
  perform  such  work,  or  by contract awarded pursuant to paragraph g of
  this subdivision. All contracts awarded by a city or county on behalf of

  the corporation shall  be  awarded  pursuant  to  paragraph  g  of  this
  subdivision,  notwithstanding  any  provision of any general, special or
  local law or any charter.
    c.  In the event that the commissioner of general services enters into
  an agreement with the corporation for the construction,  reconstruction,
  rehabilitation  or  improvement  of  a mental hygiene facility, the work
  required shall be  performed  in  accordance  with  the  terms  of  such
  agreement and in accordance with the provisions of paragraphs d and e of
  this  subdivision, either by employees of the office of general services
  or by contract or contracts awarded pursuant  to  the  public  buildings
  law, the public works law and the state finance law.
    d. No contract for the construction, reconstruction, rehabilitation or
  improvement of a mental hygiene facility shall be awarded by any letting
  agency  unless  (i)  the  appropriate  commissioner  or  director of the
  department shall have separately approved the architectural concept  and
  the   detailed   plans   and  specifications  for  the  facility  to  be
  constructed, reconstructed,  rehabilitated  or  improved  and  (ii)  the
  directors of the corporation, whether as principals or as agents for the
  state  housing  finance  agency  or  the medical care facilities finance
  agency, shall  have  approved  the  proposed  terms  of  such  contract,
  including  the  detailed  plans  and  specifications  for  the facility.
  Provided, however, the corporation shall  only  enter  into  any  lease,
  sublease,  loan  or  other  financing  agreement with a voluntary agency
  under which a  mental  hygiene  facility  owned  or  leased  by  such  a
  voluntary   agency   is   to   be   designed,   acquired,   constructed,
  reconstructed,  rehabilitated   or   improved   when   the   appropriate
  commissioner  or  director  shall  have  approved  the  plans for such a
  facility. The form and content of such approval shall be approved by the
  division of budget however such  agency  approval  shall  allow  maximum
  access    to    financing   for   design,   acquisition,   construction,
  reconstruction, rehabilitation and improvement, and shall be  timely  to
  reduce  the  need  for  utilization  of  short  term commercial loans by
  voluntary agencies  for  services  eligible  for  financing  under  this
  program.  The  medical care facilities financing agency shall advise the
  director of the budget on the form of such approval.
    e. Each contract for the construction, reconstruction,  rehabilitation
  or  improvement  of  a mental hygiene facility shall include a provision
  that the architect  who  designed  the  facility,  or  an  architect  or
  engineer   retained   or   employed  specifically  for  the  purpose  of
  supervision, shall  supervise  the  work  to  be  performed  through  to
  completion and shall see to it that the materials furnished and the work
  performed are in accordance with the drawings, plans, specifications and
  contract therefor.
    f.  If  the corporation is the letting agency, whether as principal or
  as agent for the state housing finance  agency,  the  directors  of  the
  corporation  shall  prepare  separate  specifications  for,  and solicit
  separate and independent bids on, and award, separate contracts  on  the
  subdivisions  of  work  to be performed specified in section one hundred
  thirty-five  of  the  state  finance  law,  but  the  directors  of  the
  corporation   may   in   their  discretion  assign  such  contracts  for
  supervision to the successful  bidder  for  the  remaining  work  to  be
  performed  at  the  time the contracts for the particular mental hygiene
  facility are awarded.
    g. All contracts which are to be awarded pursuant  to  this  paragraph
  shall  be  awarded  by  public  letting in accordance with the following
  provisions,  notwithstanding  any  contrary  provision  of  section  one
  hundred  thirty-six, one hundred thirty-nine or one hundred forty of the
  state finance law, except that in the discretion of the directors of the

  corporation, a contract may be entered into for  such  purposes  without
  public  letting  where  the  estimated  expense  thereof is no more than
  eighty thousand dollars:
    (i)  If  contracts  are  to  be  publicly  let,  the  directors of the
  corporation shall  advertise  the  invitation  to  bid  in  a  newspaper
  published  in  the county of Albany and in such other newspapers as will
  be most likely in their opinion to give adequate notice  to  contractors
  of the work required and of the invitation to bid. The invitation to bid
  shall contain such information as the directors of the corporation shall
  deem  appropriate  and  a statement of the time and place where all bids
  received pursuant to such notice will be publicly opened and read.
    (ii) The directors of the corporation shall  not  award  any  contract
  after public bidding except to the lowest bidder who in their opinion is
  qualified  to perform the work required and is responsible and reliable.
  The directors of the corporation may, however, reject any or  all  bids,
  again  advertise  for  bids,  or  waive any informality in a bid if they
  believe that the public interest will be promoted thereby. The directors
  of the corporation may reject any bid if in their judgment the  business
  and  technical  organization,  plant,  resources,  financial standing or
  business experience  of  the  bidder,  compared  with  the  work  to  be
  performed, justify such rejection.
    (iii)  The  invitation  to  bid and the contract awarded shall contain
  such other terms and conditions, and such provisions for  penalties,  as
  the directors of the corporation may deem desirable.
    (iv)  The  directors  of  the corporation shall require such deposits,
  bonds and security in connection with the submission of bids, the  award
  of  contracts  and the performance of work as they shall determine to be
  in the public interest and for the protection of the state and  affected
  state agencies, including the corporation.
    h. The directors of the corporation shall determine when minor work of
  construction, reconstruction, alteration or repair of any mental hygiene
  facility  may  be  done  by  special order. Special orders for such work
  shall be short-form contracts approved by the attorney  general  and  by
  the  comptroller. No work shall be done by special order in an amount in
  excess of twenty thousand dollars and a bond shall not be  required  for
  special  orders.  No  work  shall  be  done  by special order unless the
  directors have presented to the comptroller evidence that they have made
  a diligent effort  to  obtain  competition  sufficient  to  protect  the
  interests  of the state prior to selecting the contractor to perform the
  work. Notwithstanding the provisions of paragraph g of this subdivision,
  work done by special  order  under  this  paragraph  may  be  advertised
  through the regular public notification service of the office of general
  services  or the state register. At least five days shall elapse between
  the first publication of such public notice and the  date  so  specified
  for  the  public  opening  of bids. The directors may also authorize the
  corporation to enter into special order contracts using bids  advertised
  for,  received and opened by any office of the department, in compliance
  with this act and all other applicable  laws,  and  transmitted  to  the
  corporation.  All  payments  on  special  orders  shall  be  made on the
  certificate of the directors of the corporation and audited and approved
  by the state comptroller. All special orders shall contain a clause that
  the special order shall only be deemed executory to the  extent  of  the
  moneys  available and no liability shall be incurred by the state beyond
  the moneys available for the purpose.
    3. Resources of the corporation. a. Subject to the provisions of  this
  act,  the  directors  of  the corporation shall receive, accept, invest,
  administer, expend and disburse for its corporate purposes,  other  than
  for  the  purposes of any health facilities improvement program, (i) all

  payments made on or after January 1, 1964, for the care, maintenance and
  treatment of patients in every mental hygiene  facility,  other  than  a
  community  mental  health  and  retardation facility or a mental hygiene
  facility  made available under license or permit from the corporation to
  a voluntary agency for use in  providing  community  mental  health  and
  retardation  services,  or  an  office of alcoholism and substance abuse
  services facility made  available  under  license  or  permit  from  the
  corporation  to  a  voluntary  agency  for  use  in  the  conduct  of an
  alcoholism or substance abuse treatment program, (ii) all payments  made
  to  the  corporation by a lessee or permittee as rentals, permit fees or
  otherwise under any lease, sublease, permit or agreement undertaken with
  respect to a community mental health and retardation facility or current
  or former mental hygiene  facility  or  from  a  voluntary  agency  with
  respect to a mental hygiene facility made available under lease, license
  or  permit  from  the  corporation  to a voluntary agency, and (iii) all
  payments made to the corporation for the purchase of real property  held
  by  the  corporation  for the use of the department, other than payments
  derived from New York  state  medical  care  facilities  finance  agency
  financing  or  refinancing  of  the  design,  construction, acquisition,
  reconstruction,  rehabilitation,  improvement  or  renovation  of  state
  operated  mental  hygiene  facilities,  and may receive, accept, invest,
  administer, expend and disburse for its corporate purposes,  other  than
  for   the   purposes  of  any  health  facilities  improvement  program,
  appropriations or advances from the capital projects fund and the  state
  purposes  account  of  the general fund of the state, and other revenues
  and monies made available or to be made  available  to  the  corporation
  from  any  or  all  sources, including gifts, grants, loans and payments
  from the federal government, any state agency, any county, city, town or
  village, any private foundation,  organization  or  individual,  or  any
  other   source,   for  the  construction,  acquisition,  reconstruction,
  rehabilitation and improvement of mental hygiene facilities, and for the
  maintenance and repair of such facilities.
    b. All monies of the corporation  received  or  accepted  pursuant  to
  paragraph  a of this subdivision, other than appropriations and advances
  from the state and except as otherwise authorized or  provided  in  this
  section,  shall  be  paid to the commissioner of taxation and finance as
  agent of the corporation, who shall not commingle such monies  with  any
  other  monies.  Such  monies  shall be deposited in two or more separate
  bank accounts. One of such accounts, to which shall be credited (i)  all
  payments made on or after January 1, 1964, for the care, maintenance and
  treatment  of  patients  in  every mental hygiene facility, other than a
  community mental health and retardation facility, (ii) all payments made
  to the corporation as rentals, lease payments, permit fees or  otherwise
  under  any  lease,  sublease  or  agreement undertaken with respect to a
  community mental health and retardation facility or a current or  former
  mental  hygiene facility, (iii) all payments made to the corporation for
  the purchase of real property held by the corporation for the use of the
  department, other than payments derived from New York state medical care
  facilities finance  agency  financing  or  refinancing  of  the  design,
  construction,  acquisition,  reconstruction, rehabilitation, improvement
  or renovation of state operated  mental  hygiene  facilities,  (iv)  all
  income  from  investments  and (v) all monies received or to be received
  for the purposes  of  such  account  on  a  recurring  basis,  shall  be
  denominated  the  "mental  hygiene  facilities  improvement  fund income
  account". The monies in any account shall be paid out on  checks  signed
  by  the  commissioner  of  taxation  and  finance  on requisition of the
  chairman of the corporation or of such  other  officer  or  employee  or
  officers  or  employees  as the corporation shall authorize to make such

  requisition. All deposits of  such  money  shall,  if  required  by  the
  commissioner   of   taxation   and  finance  or  the  directors  of  the
  corporation, be secured by obligations of the United States  or  of  the
  state  of a market value equal at all times to the amount of the deposit
  and all banks and trust companies are authorized to give  such  security
  for  such  deposits.  Any  moneys  of  the  corporation not required for
  immediate use or disbursement may, at the discretion of the corporation,
  be invested by the commissioner of taxation and  finance  in  accordance
  with  the  provisions of section 98-a of the state finance law. When the
  corporation is no longer required to make any rental payments under  any
  lease, sublease or agreement entered into with the state housing finance
  agency  in  effect  as  of  the effective date of this amendment to this
  paragraph, all monies received or accepted pursuant to  paragraph  a  of
  this  subdivision, other than appropriations and advances from the state
  and except as otherwise authorized or provided in this section, shall be
  deposited into the mental health services fund  established  by  section
  97-f  of  the  state  finance  law.  Any  monies remaining in the mental
  hygiene facilities improvement fund income account  and  in  any  rental
  reserve account created pursuant to paragraph c of subdivision 4 of this
  section,  when  such lease, sublease or agreement is no longer in effect
  shall be deposited in the mental health services fund.
    c. Subject to the terms of any lease, sublease or agreement undertaken
  by the corporation, any such monies of the corporation, not required for
  immediate use may, at the discretion of the corporation, be invested  by
  the  commissioner  of  taxation and finance in obligations of the United
  States or the state or obligations the principal and interest  of  which
  are guaranteed by the United States or the state.
    d.  No lease, sublease or other agreement relating to an alcoholism or
  substance abuse facility shall be undertaken by the corporation pursuant
  to this subdivision unless the appropriate division  of  the  office  of
  alcoholism and substance abuse shall have approved the terms thereof.
    e.  The  directors  of  the corporation shall at all times maintain on
  deposit in the mental hygiene facilities improvement fund income account
  the aggregate amount of money needed by the corporation during the  next
  succeeding twelve calendar months to comply in full with all obligations
  of the corporation under the terms of every lease, sublease or agreement
  undertaken by the corporation which is then in effect, including without
  limitation  by  the specification thereof, (i) the amount needed to make
  rental payments thereunder during such year, and (ii) the amount  needed
  to establish and maintain reserves thereunder during such year provided,
  however,  that  the  provisions  of  this paragraph shall not apply with
  respect to agreements entered into pursuant to section nine-a of the New
  York state medical care facilities finance agency act.
    f. The directors of the corporation shall from time to time, but in no
  event later than the fifteenth  day  of  each  month  pay  over  to  the
  commissioner  of  taxation  and  finance  and  the state comptroller for
  deposit  in  the  mental  health  services  fund,  all  monies  of   the
  corporation  in  excess  of the aggregate amount of money required to be
  maintained on deposit in the mental hygiene facilities improvement  fund
  income  account  pursuant  to  paragraph e of this subdivision. Prior to
  making any such payment, the  chairman  of  the  corporation  shall,  on
  behalf  of  the  directors,  make  and  deliver  to the governor and the
  director of the budget his certificate stating the aggregate  amount  to
  be  maintained  on  deposit in the mental hygiene facilities improvement
  fund income account to comply in full with the provisions of paragraph e
  of this subdivision.
    4. Agreements. a. Upon certification by the director of the budget  of
  the  availability  of required appropriation authority, the corporation,

  or any successor agency, is hereby authorized  and  empowered  to  enter
  into  leases,  subleases,  loans and other financing agreements with the
  state housing finance agency and/or the state  medical  care  facilities
  finance  agency,  and  to  enter  into  such  amendments  thereof as the
  directors  of  the  corporation,  or  any  successor  agency,  may  deem
  necessary  or  desirable,  which  shall provide for (i) the financing or
  refinancing of or the design, construction, acquisition, reconstruction,
  rehabilitation or improvement of one or more mental  hygiene  facilities
  or  for  the  refinancing  of  any  such facilities for which bonds have
  previously  been  issued  and  are  outstanding,  and  the  purchase  or
  acquisition  of  the  original  furnishings,  equipment,  machinery  and
  apparatus to be used in such facilities upon  the  completion  of  work,
  (ii)  the  leasing  to  the  state  housing  finance agency or the state
  medical care facilities finance agency of all or any portion of  one  or
  more  existing  mental hygiene facilities and one or more mental hygiene
  facilities  to  be  designed,  constructed,   acquired,   reconstructed,
  rehabilitated or improved, or of real property related to the work to be
  done,  including  real  property  originally acquired by the appropriate
  commissioner or director of the department in  the  name  of  the  state
  pursuant  to  article  seventy-one  of the mental hygiene law, (iii) the
  subleasing of such facilities  and  property  by  the  corporation  upon
  completion   of   design,   construction,  acquisition,  reconstruction,
  rehabilitation or improvement, such leases, subleases,  loans  or  other
  financing  agreements  to be upon such other terms and conditions as may
  be agreed upon, including terms and conditions  relating  to  length  of
  term,  maintenance  and  repair  of mental hygiene facilities during any
  such term, and the annual rentals  to  be  paid  for  the  use  of  such
  facilities,  property,  furnishings, equipment, machinery and apparatus,
  and (iv) the receipt  and  disposition,  including  loans  to  voluntary
  agencies, of proceeds of mental health service facilities bonds or notes
  issued  pursuant  to  section  nine-a of the New York state medical care
  facilities finance agency act. For purposes of the design, construction,
  acquisition, reconstruction, rehabilitation or improvement work required
  by the terms of any such lease, sublease or agreement,  the  corporation
  shall  act  as  agent  for the state housing finance agency or the state
  medical  care  facilities  finance  agency.  In  the  event   that   the
  corporation  enters  into  an  agreement for the financing of any of the
  aforementioned facilities with the state housing finance agency  or  the
  state  medical  care facilities finance agency, or in the event that the
  corporation enters into an agreement for the financing or refinancing of
  any  of  the  aforementioned  facilities  with  one  or  more  voluntary
  agencies,  it  shall  act  on  its  own  behalf  and  not  as agent. The
  appropriate commissioner or director of the department on behalf of  the
  department  shall  approve  any  such  lease,  sublease,  loan  or other
  financing agreement and shall be  a  party  thereto.  All  such  leases,
  subleases,  loans  or other financing agreements shall be approved prior
  to execution by no less than three directors of the corporation.
    b. To secure the payment of moneys or rentals due or to become due  in
  any  year  under  any lease, sublease, loan or other financing agreement
  entered into with the state housing finance agency or the state  medical
  care  facilities  finance  agency,  pursuant  to  paragraph  a  of  this
  subdivision, the directors of the corporation may pledge or  assign  any
  or  all  monies in the mental hygiene facilities improvement fund income
  account and in  any  rental  reserve  account  established  pursuant  to
  paragraph  c  of  this  subdivision,  and any or all monies which may be
  receivable by the corporation  and  credited  to  either  or  both  such
  accounts  in  the future, whether equal to or in excess of the amount of
  such rentals due or becoming due in any year,  and  any  or  all  right,

  title  and  interest of the corporation in and to the monies in or to be
  deposited in such accounts.
    c.  The  corporation  may  create  and  establish one or more separate
  accounts to be known as "rental reserve accounts" and may pay into  such
  reserve  accounts  (i)  any monies apportioned and paid by the state for
  the purposes of such reserve account pursuant to  this  paragraph,  (ii)
  any  monies  in  the  mental  hygiene facilities improvement fund income
  account transferred to such reserve accounts by  the  directors  of  the
  corporation   pursuant   to  any  lease,  sublease  or  other  agreement
  undertaken by the corporation, and (iii) any other monies which  may  be
  made   available   to   the  corporation  from  any  source  or  sources
  specifically for the purposes of such reserve accounts.
    The monies credited to any rental reserve  account  established  under
  this paragraph shall be used, except as hereinafter provided, solely for
  the  payment  of  rentals  as  they  become due under one or more of the
  leases, subleases and agreements referred to  in  paragraph  a  of  this
  subdivision,  provided,  however,  that the monies in such account shall
  not be withdrawn therefrom at any time in such amount  as  would  reduce
  the  amount  thereof  to less than the maximum amount of rental becoming
  due in any succeeding calendar year under  such  leases,  subleases  and
  agreements,  except  for the purpose of paying such rentals becoming due
  for the payment of  which  other  moneys  of  the  corporation  are  not
  available.
    Subject  to  the terms of any lease, sublease or agreement referred to
  in paragraph a of this subdivision, monies in a rental  reserve  account
  not  required  for  immediate  use  or  disbursement  may be invested in
  obligations of the  United  States  or  the  state  or  obligations  the
  principal  and  interest of which are guaranteed by the United States or
  the state. In computing the amount of a rental reserve account  for  the
  purposes  of this paragraph, securities in which all or a portion of the
  account are invested shall be valued at their market value as of a  date
  within seven days preceding the date of the computation or at their cost
  to the corporation, whichever is less.
    Any excess in a rental reserve account as of the last day of any state
  fiscal  year  over  the  maximum  amount  of  rental becoming due in any
  succeeding calendar year under such lease agreements shall be  withdrawn
  by  the  corporation  from  such  account  and transferred to the mental
  hygiene facilities improvement fund income account to be  used  for  the
  corporate  purposes  of  the corporation, other than for the purposes of
  any health facilities improvement program.
    In order further to secure  the  maintenance  in  all  rental  reserve
  accounts  established  pursuant  to this paragraph of an amount equal to
  the maximum amount of rental becoming due  in  any  succeeding  calendar
  year  under  the  leases,  subleases and agreements to which the reserve
  account relates, there shall be annually apportioned  and  paid  to  the
  corporation  for  deposit  in  such rental reserve accounts such sum, if
  any, as shall be certified by the chairman of  the  corporation  to  the
  governor  and  director  of  the  budget  as  necessary  to restore such
  accounts to an amount equal to the maximum amount of rental becoming due
  in any  succeeding  calendar  year  under  such  leases,  subleases  and
  agreements. The chairman of the corporation shall annually, on or before
  December  first,  make  and  deliver to the governor and director of the
  budget his certificate stating the amount, if any, required  to  restore
  such  rental  reserve accounts to the amount aforesaid and the amount so
  stated in said certificate, if any, shall be apportioned and paid to the
  corporation during the then current state fiscal year.
    d. No lease, sublease or other agreement shall be  undertaken  by  the
  corporation  pursuant  to  this section unless the governor, or where so

  designated by the governor for such purpose, the director of the budget,
  shall have approved the terms thereof.
    e.  The  attorney general shall pass upon the form and sufficiency and
  manner of execution of any lease, sublease or  other  agreement  entered
  into pursuant to this section and the same shall not be effective unless
  so approved by him.
    f.  The  state  shall  not  be  liable for any rentals, loan, or other
  payments payable by the corporation pursuant to the terms  of  a  lease,
  sublease,  loan  or  other  financing agreement entered into pursuant to
  this  section,  and  such  lease,  sublease,  loan  or  other  financing
  agreement shall contain among its terms a statement to such effect.
    5.  Jurisdiction of mental hygiene facilities; maintenance and repair.
  On and after the effective date of this act, the  corporation  shall  be
  entitled  to exclusive possession, jurisdiction, supervision and control
  of all real property, including mental hygiene  facilities,  theretofore
  acquired  and  held  for  department  purposes and of all mental hygiene
  facilities thereafter constructed or acquired, and, to all payments made
  after  January  first,  nineteen  hundred  sixty-four,  for  the   care,
  maintenance and treatment of patients at such mental hygiene facilities.
    The   directors  of  the  corporation  shall  make  available  to  the
  appropriate  commissioner  of  the  department  for  use  in  the  care,
  maintenance  and  treatment  of  the  mentally  disabled,  all such real
  property  and  facilities   including   newly   constructed,   acquired,
  reconstructed,  rehabilitated and improved facilities, together with the
  original furnishings, equipment, machinery  and  apparatus  therein,  as
  soon as practicable after the completion of work. Responsibility for the
  maintenance and upkeep of such property, for the maintenance and routine
  repair  of  such  facilities,  and  for  the replacement of furnishings,
  equipment,  apparatus  and  machinery,  shall  be  in  the   appropriate
  commissioner  of  the department, provided, however, if the terms of any
  lease, sublease, loan or other financing agreement entered into  between
  the  corporation  and  the  state  housing  finance  agency or the state
  medical care facilities finance agency, pursuant to subdivision four  of
  this  section  so require, such responsibility shall be in the directors
  of the corporation until the termination of such lease,  sublease,  loan
  or other financing agreement.
    The  care,  maintenance  and treatment of the mentally disabled at all
  mental hygiene facilities shall remain at all times  the  responsibility
  of the appropriate commissioner of the department in accordance with the
  provisions of the mental hygiene law.
    Notwithstanding the foregoing provisions of this subdivision, title to
  all  real  property on which mental hygiene facilities, other than those
  owned or leased by voluntary agencies, are located shall continue to  be
  vested in the people of the state until conveyed in accordance with law.
    The provisions of this subdivision shall not apply to community mental
  health and retardation facilities.
    6.  Notwithstanding any provision of any general, special or local law
  or of any charter:
    a. The governing body, as such term is defined in article forty-one of
  the mental hygiene law (except that with respect to the city of New York
  such term shall mean the board of estimate), of a city  or  county  may,
  upon  such  terms  and conditions as shall be approved by such governing
  body and for such consideration, if any, as may be  determined  by  such
  governing  body,  but  not to exceed the cost of acquisition thereof and
  the cost of improvements thereon, exclusive of any costs  reimbursed  or
  to  be reimbursed in accordance with the provisions of article forty-one
  of the  mental  hygiene  law  otherwise,  execute  and  deliver  to  the
  corporation  a  lease for a term not exceeding forty years or a deed (i)

  conveying to the corporation real property and  one  or  more  community
  mental  health  and retardation facilities of the city or county located
  thereon, a portion of the costs of which  facilities  are  eligible  for
  state  reimbursement  in  accordance  with  the  provisions  of  article
  forty-one or article twenty-five of  the  mental  hygiene  law  or  (ii)
  conveying  to  the corporation real property of the city or county or an
  interest  therein,  for  the  purpose  of  causing  to  be  constructed,
  reconstructed,  rehabilitated  or improved thereon one or more community
  mental health and retardation facilities  pursuant  to  this  act,  such
  community  mental health and retardation facilities to be made available
  to such county or city for use and occupancy under  lease,  sublease  or
  other  agreement  upon  such terms and conditions as may be agreed upon,
  including terms and conditions relating to length of terms,  maintenance
  and  repair of community mental health and retardation facilities during
  such term and the annual  rentals  to  be  paid  therefor  for  the  use
  thereof.  The  corporation is hereby authorized to accept any such lease
  or conveyance, to hold such  real  property,  to  enter  into  a  lease,
  sublease  or other agreement with such city or county for the purpose of
  making such community mental health and retardation facility so acquired
  or to be constructed, reconstructed, rehabilitated or  improved  thereon
  available  for use and occupancy by such city or county, and to lease or
  convey real property so acquired to the New York state  housing  finance
  agency or the medical care facilities finance agency, provided, however,
  that  any  such  further  lease  or  conveyance  shall be solely for the
  purpose of causing community mental health and retardation facilities to
  be  acquired,  constructed,  reconstructed,  rehabilitated  or  improved
  thereon,  such  community mental health and retardation facilities to be
  made available to such city or county for  use  and  occupancy  under  a
  lease, sublease or other agreement between the corporation and such city
  or county, upon such terms and conditions as may be agreed upon. No such
  lease  or  conveyance from the corporation to the New York state housing
  finance agency or the state medical care facilities finance agency shall
  be for a consideration in excess of the cost of acquisition of such real
  property  and  the  costs  of  improvements  thereon.  The   appropriate
  commissioner  of  the  department,  on  behalf  of  his  office, and the
  director  of  the  budget  shall  approve  all  leases,   subleases   or
  agreements,  whether  between the corporation and such city or county or
  between the corporation and the housing  finance  agency  or  the  state
  medical care facilities finance agency, and the appropriate commissioner
  of  the department shall be a party thereto. The appropriate division of
  the office of alcoholism and substance abuse shall also approve all such
  leases,  subleases  or  agreements   relating   to   the   construction,
  reconstruction, rehabilitation or improvement of community mental health
  and  retardation  facilities, constituting alcoholism or substance abuse
  facilities for use in an alcoholism or substance abuse treatment program
  as defined in the mental hygiene law.
    b. In the event that the corporation shall  fail,  within  five  years
  after  the  date of such lease or conveyance, to construct, reconstruct,
  rehabilitate or improve the  community  mental  health  and  retardation
  facility  or  facilities  thereon for which such lease or conveyance was
  made, or to cause the same to be done,  as  provided  for  in  a  lease,
  sublease or other agreement entered into with such city or county, then,
  subject  to  the  terms  of  any  lease,  sublease  or  other  agreement
  undertaken by the New York state housing finance  agency  or  the  state
  medical  care facilities finance agency, with respect thereto, such real
  property and any facilities thereon shall revert to such city or  county
  with  right  of re-entry thereupon, and such lease or deed shall be made
  subject to such condition of reverter and re-entry;  provided,  however,

  that as a condition precedent to the exercise of such right of re-entry,
  such city or county shall pay an amount equal to the sum of the purchase
  price  of  such  real  property, the depreciated cost of any facility or
  facilities   constructed,   reconstructed,   rehabilitated  or  improved
  thereon, and all other costs of the corporation or the  New  York  state
  housing  finance  agency  or  the  state medical care facilities finance
  agency incident to the costs of the acquisition of  such  real  property
  and  the  financing  of  construction, reconstruction, rehabilitation or
  improvement relating to such facility or facilities, all as provided  in
  the  aforesaid lease, sublease or other agreement entered into with such
  city or county.
    c. No real property or interest  therein  shall  be  acquired  by  the
  corporation pursuant to this subdivision unless title thereto shall have
  been approved by the attorney general.
    d.  The  attorney general shall pass upon the form and sufficiency and
  manner of execution of any deed of conveyance and of any lease  of  real
  property  authorized  to  be given under this subdivision by any city or
  county to the corporation, and any lease, sublease or agreement  between
  the  corporation  and  a  city  or  county,  and  the  same shall not be
  effective unless such deed, lease, sublease or  agreement  shall  be  so
  approved by him.
    e.    The   cost   of   construction,   acquisition,   reconstruction,
  rehabilitation or improvement of community mental health and retardation
  facilities undertaken by  the  corporation  pursuant  to  this  act  may
  include  the cost of acquisition of any real property leased or conveyed
  to the corporation pursuant to paragraph a of this subdivision  six  and
  the  cost of the original furnishing, equipment, machinery and apparatus
  as determined by the corporation.
    f. The provisions of this act shall not be deemed to prevent a city or
  county   from   financing   the   cost   of   constructing,   acquiring,
  reconstructing,  rehabilitating  or  improving a community mental health
  and retardation facility by the issuance of bonds or  capital  notes  of
  such city or county pursuant to the local finance law.
    §  9-a.  Equal  employment  opportunity  program. 1. All contracts for
  design, construction, services and materials executed by the corporation
  pursuant to the provisions of this act, other than contracts the cost of
  which is borne solely by  a  municipality  or  municipalities,  and  all
  documents  soliciting  bids  or proposals therefor shall contain or make
  reference to the following provisions:
    (a)  The  contractor  will  not  discriminate  against  employees   or
  applicants  for  employment  because  of  race,  creed,  color, national
  origin, sex, age, disability, or marital status, and will  undertake  or
  continue existing programs of affirmative action to ensure that minority
  group   persons   and  women  are  afforded  equal  opportunity  without
  discrimination. Such programs shall include,  but  not  be  limited  to,
  recruitment, employment, job assignment, promotion, upgrading, demotion,
  transfer,   layoff,   termination,  rates  of  pay  or  other  forms  of
  compensation, and  selections  for  training  or  retraining,  including
  apprenticeship and on-the-job training.
    (b)  At  the  request of the corporation, the contractor shall request
  each employment agency, labor union,  or  authorized  representative  of
  workers  with which it has a collective bargaining or other agreement or
  understanding and which is involved in the performance of  the  contract
  with the corporation to furnish a written statement that such employment
  agency,  labor union or representative shall not discriminate because of
  race, creed, color, national origin, sex,  age,  disability  or  marital
  status  and  that  such  union  or  representative will cooperate in the
  implementation of the contractor's obligations hereunder.

    (c) The contractor will state, in all solicitations or  advertisements
  for  employees  placed  by  or  on  behalf  of  the  contractor  in  the
  performance of the contract with the  corporation,  that  all  qualified
  applicants   will  be  afforded  equal  employment  opportunity  without
  discrimination because of race, creed, color, national origin, sex, age,
  disability or marital status.
    (d)  The  contractor  will  include  the  provisions  of paragraph (a)
  through (c) of this subdivision in every subcontract or  purchase  order
  in  such  a  manner  that  such  provisions  will  be  binding upon each
  subcontractor or vendor as to its work in connection with  the  contract
  with the corporation.
    2. The corporation shall establish procedures and guidelines to ensure
  that  contractors  and  subcontractors undertake programs of affirmative
  action and equal employment opportunity as  required  by  this  section.
  Such  procedures  may  require  after  notice in a bid solicitation, the
  submission of an affirmative action program prior to the  award  of  any
  contract,  or  at any time thereafter, and may require the submission of
  compliance reports relating to the operation and implementation  of  any
  affirmative  action  program adopted hereunder. The corporation may take
  appropriate action including contractual sanctions for noncompliance  to
  effectuate  the  provisions of this section and shall be responsible for
  monitoring compliance with this act.
    § 9-b. Minority and women-owned business enterprise  program.  1.  (a)
  Minority  and  women-owned  business  enterprises  shall  be  given  the
  opportunity for meaningful participation in all  contracts  executed  by
  the  corporation  pursuant  to  the  provisions  of  this act other than
  contracts the cost of  which  is  borne  solely  by  a  municipality  or
  municipalities.  The corporation shall establish measures and procedures
  to secure meaningful participation  and  identify  those  contracts  and
  items  of  work  for which minority and women-owned business enterprises
  may best bid to actively and  affirmatively  promote  and  assist  their
  participation  in  the projects, so as to facilitate the award of a fair
  share of contracts to such enterprises; provided, however, that  nothing
  in  this  act shall be construed to limit the ability of the corporation
  to assure that qualified minority and women-owned  business  enterprises
  may  participate  in the program. For purposes hereof, minority business
  enterprise  shall  mean  any  business  enterprise  which  is  at  least
  fifty-one  per  centum  owned  by,  or  in  the case of a publicly owned
  business, at least fifty-one per centum of the stock of which  is  owned
  by  citizens or permanent resident aliens who are Black, Hispanic, Asian
  or American  Indian,  Pacific  Islander  or  Alaskan  natives  and  such
  ownership  interest  is  real,  substantial  and continuing and have the
  authority to independently control the day to day business decisions  of
  the  entity  for  at least one year; and women-owned business enterprise
  shall mean any business enterprise  which  is  at  least  fifty-one  per
  centum  owned  by, or in the case of a publicly owned business, at least
  fifty-one per centum of the stock of  which  is  owned  by  citizens  or
  permanent  resident aliens who are women, and such ownership interest is
  real, substantial and continuing and have the authority to independently
  control the day to day business decisions of the entity for at least one
  year.
    The provisions of this paragraph shall not be construed to  limit  the
  ability of any minority or women-owned business enterprise to bid on any
  contract.
    (b)  In  the  implementation  of  this  section, the corporation shall
  consider compliance by any  contractor  with  the  requirements  of  any
  federal,  state,  or  local  law  concerning  minority  and  women-owned
  business enterprises, which may  effectuate  the  requirements  of  this

  section.  If the corporation determines that by virtue of the imposition
  of the requirements of any  such  law,  in  respect  to  contracts,  the
  provisions   thereof  duplicate  or  conflict  with  this  section,  the
  corporation may waive the applicability of this section to the extent of
  such duplication or conflict.
    (c)  Nothing  in  this section shall be deemed to require that overall
  state  and  federal  requirements  for  participation  of  minority  and
  women-owned  business  enterprises in programs authorized under this act
  be applied without regard to local circumstances to all projects  or  in
  all communities.
    2.  In  order  to  implement  the  requirements and objectives of this
  section, the corporation  shall  establish  procedures  to  monitor  the
  contractors'  compliance  with  provisions hereof, provide assistance in
  obtaining  competing  qualified  minority   and   women-owned   business
  enterprises  to perform contracts proposed to be awarded, and take other
  appropriate measures to improve the access of minority  and  women-owned
  business enterprises to these contracts.
    §  10.  Monies  of  the  corporation  relating  to  health  facilities
  improvement program. Subject to the terms of any agreement  between  the
  corporation  and  the  state housing finance agency or the state medical
  care facilities finance agency, as  the  case  may  be,  and  except  as
  otherwise authorized or provided by section nine of this act, all monies
  received  by  the  corporation  shall  be  paid  to  the commissioner of
  taxation and finance as agent of the corporation who shall not commingle
  such monies with any other monies. Such monies shall be deposited  in  a
  separate  bank  account or accounts. The monies in such account shall be
  paid out on checks signed by the commissioner of taxation and finance on
  requisition of the chairman of the corporation or such other officer  or
  employee  or officers or employees as the corporation shall authorize to
  make such requisitions. All deposits of such monies shall,  if  required
  by  the  commissioner of taxation and finance, the state housing finance
  agency or the state medical care facilities finance agency,  be  secured
  by  obligations  of  the United States or of the state of a market value
  equal at all times to the amount of the deposit and all banks and  trust
  companies  are  authorized  to  give  such  security  for such deposits.
  Subject to the terms of any agreement between the  corporation  and  the
  state  housing  finance  agency  or  the  state  medical care facilities
  finance agency, as the case may be, the corporation shall have power  to
  invest any such monies not required for immediate use or disbursement in
  obligations of the state or the United States government or obligations,
  the  principal  and interest of which are guaranteed by the state or the
  United States government, or invested in accordance with the  provisions
  of section 98-a of the state finance law.
    §  11. General fiscal requirements relating to the corporation. 1. The
  chairman of the corporation shall annually, at such time as the governor
  may request, prepare and submit to the governor and the director of  the
  budget,  on  behalf  of  the  directors  of the corporation, an itemized
  budget request and any additional  information  required  setting  forth
  financial  needs  by  programs for the administration of the corporation
  during the next succeeding state fiscal year including information as to
  the payment or provision for payment of obligations of  the  corporation
  expected  to be required during such year under the terms of all leases,
  subleases and agreements expected to be undertaken by  the  corporation.
  The  governor  shall  annually  submit  his  recommended  budget for the
  administration of the corporation to the  legislature.  The  legislature
  shall act on such request and make appropriations for all administrative
  expenses of the corporation.

    2.  The  comptroller,  or  his  legally  authorized representative, is
  hereby authorized and empowered from time to time to examine  the  books
  and   accounts   of   the   corporation,   including  its  receipts  and
  disbursements and any other matters relating to its financial  standing.
  Such  an examination shall be conducted by the comptroller at least once
  every five years; the comptroller is authorized, however, to accept from
  the corporation, in lieu of such examination, an external examination of
  its books and accounts made at the request of the corporation.
    § 12. Actions by and against the corporation.  1.  The  state  supreme
  court  shall  have exclusive jurisdiction of any action, suit or special
  proceeding brought by or against or involving the corporation. The venue
  of  any  action,  suit  or  special  proceeding  brought   against   the
  corporation shall be laid in the county of Albany.
    2.  In  every action against the corporation for damages, for injuries
  to real or personal property, or for the  destruction  thereof,  or  for
  personal  injuries  or  death, the complaint shall contain an allegation
  that at least thirty days have elapsed since the demand, claim or claims
  upon which such action is  founded  were  presented  to  a  director  or
  officer  of  the  corporation  and that the corporation has neglected or
  refused to make an adjustment or payment thereof for thirty  days  after
  such presentment.
    3.  Except  in  an  action  for  wrongful death, an action against the
  corporation for damages for injuries to real or  personal  property,  or
  for  the  destruction thereof, or for personal injuries, alleged to have
  been sustained, shall not be commenced more than  one  year  and  ninety
  days after the cause of action therefor shall have accrued, nor unless a
  notice  of  claim  shall  have been served on the corporation within the
  time limit established by and in compliance  with  all  requirements  of
  section  fifty-e  of  the  general  municipal law. An action against the
  corporation for wrongful death shall be commenced in accordance with the
  notice of claim and  time  limitation  provisions  of  title  eleven  of
  article nine of the public authorities law.
    4.  All  of  the  provisions of sections seventeen and nineteen of the
  public officers law shall apply to the directors, officers and employees
  of the corporation.
    § 13. Tax exemption of monies and property  of  the  corporation.  The
  monies  and  property  of  the  corporation  and its operations shall be
  exempt from taxation.
    § 14. Cooperation and assistance from other  state  agencies.  1.  The
  departments  of  health,  mental  hygiene  and  law, the division of the
  budget, the office  of  general  services,  the  state  housing  finance
  agency,  the  state  medical  care  facilities finance agency, the state
  agency  designated  to  implement  an  act  of  congress  known  as  the
  comprehensive  health  planning and public health services amendments of
  nineteen hundred sixty-six (Public  Law  89-749)  and  all  other  state
  agencies  shall  cooperate  with  and  assist  the  corporation  in  the
  fulfillment of its  corporate  purposes  and  in  the  exercise  of  its
  corporate  powers  under  this  act  and may render such services to the
  corporation within their respective functions as the  directors  of  the
  corporation may reasonably request.
    2.  Subject  to the approval of the office of alcoholism and substance
  abuse services and  to  the  terms  of  any  lease,  sublease  or  other
  agreement  with  the  state  housing  finance  agency,  the corporation,
  whether as principal or as agent for the state housing  finance  agency,
  is hereby authorized and empowered to provide facilities for the conduct
  of  alcoholism  or  substance  abuse treatment programs by the office of
  alcoholism and substance abuse services and as may be required  by  such
  office  in  the  performance  of  its  duties,  powers  and functions as

  specified in article nineteen  of  the  mental  hygiene  law,  including
  construction,  acquisition,  reconstruction,  rehabilitation, alteration
  and improvement of buildings, structures and appurtenances, the purchase
  and  installation  of  furnishings  and  equipment,  the  acquisition of
  property by purchase, lease or transfer, engineering, architectural  and
  consulting   services.   In   the   design,  construction,  acquisition,
  reconstruction,  rehabilitation,  alteration  and  improvement  of  such
  facilities the corporation shall be guided by the provisions of this act
  relating  to  the  design and construction of mental hygiene facilities,
  provided, however, that subject to the terms of any lease,  sublease  or
  other  agreement  with  the state housing finance agency such facilities
  and the approvals to be given for the design  and  construction  thereof
  shall be under the professional jurisdiction of the office of alcoholism
  and  substance  abuse  services  and  the  corporation  shall  make such
  facilities available to such office.
    3. Notwithstanding the provisions of subdivision five of section  nine
  of  this  act, the directors of the corporation, subject to the terms of
  any lease, sublease or other agreement with the  state  housing  finance
  agency,  shall  make available to the office of alcoholism and substance
  abuse services for use as an alcoholism or substance abuse facility  any
  real  property  or facility under the jurisdiction of the corporation as
  the office of alcoholism and substance abuse services shall request  and
  the  commissioner  shall  certify  is no longer necessary for use in the
  care, maintenance and treatment of  the  mentally  disabled.  Such  real
  property  or facility shall continue under the professional jurisdiction
  of the office of alcoholism and  substance  abuse  services  until  such
  office  shall  certify  that such real property or facility is no longer
  necessary  for  use  as  an  alcoholism  or  substance  abuse  facility,
  whereupon  all  of the provisions of subdivision five of section nine of
  this act shall govern. Responsibility for the maintenance and upkeep  of
  such  real  property or facility, for the maintenance and routine repair
  of  such  real  property  or  facility  and  for  the   replacement   of
  furnishings,  equipment,  apparatus  and machinery shall, subject to the
  terms of any lease, sublease or other agreement with the  state  housing
  finance  agency,  be  in  the  office  of alcoholism and substance abuse
  services so long  as  such  real  property  or  facility  is  under  the
  professional jurisdiction of such office. A copy of any certificate made
  pursuant  to  this  subdivision  shall be filed with the director of the
  budget.
    § 14-a. Special provisions relating to municipal  facilities.  1.  The
  corporation is authorized to enter into an agreement with a municipality
  for   the   design,  construction,  reconstruction,  rehabilitation  and
  improvement for such municipality of a municipal building  or  buildings
  at the sole cost and expense of such municipality. The corporation shall
  enter into an agreement with a municipality prior to the commencement of
  any   corporation  services.  No  agreement  entered  into  between  the
  facilities development corporation and a municipality pursuant  to  this
  section  shall  be  effective  until  the  director  of  the  budget has
  determined that the total  estimated  charge  to  be  collected  by  the
  corporation from the municipality is fair and reasonable in relationship
  to  the estimated total project cost and also that sufficient provisions
  exist to insure the collection of such charge by  the  corporation  from
  the  municipality.  A municipality, by resolution of its governing body,
  is hereby authorized to enter into an agreement with the corporation and
  to provide for the payment to the corporation of all  expenses  incurred
  at such time and in such amounts as shall be set forth in the agreement,
  notwithstanding  the  provisions of any general, special or local law or
  of any charter.  The  agreement  shall  contain  such  other  terms  and

  conditions   as   may   be  agreed  upon  by  the  corporation  and  the
  municipality.
    2.  In  the  design,  construction, reconstruction, rehabilitation and
  improvement  of  a  municipal  building  or  buildings  pursuant  to  an
  agreement  entered  into as provided in subdivision one of this section,
  the corporation shall be governed by the applicable provisions  relating
  to  the  design  and  construction  of health facilities as set forth in
  paragraph d of subdivision two of section eight of this act.
    3. The corporation shall, by  regulation,  prescribe  a  procedure  or
  procedures  for the application by a municipality to the corporation for
  its assistance, and the corporation's procedure or  procedures  for  the
  design,  construction, reconstruction, rehabilitation and improvement of
  a  municipal  building  or  buildings.  Any  such  regulation  shall  be
  submitted  to  the  director of the budget for his approval prior to its
  effectiveness.
    § 14-b. Special provisions relating to local correctional  facilities.
  1.    The  corporation  is  authorized to enter into an agreement with a
  municipality providing for  the  design,  construction,  reconstruction,
  rehabilitation   and  improvement  for  such  municipality  of  a  local
  correctional facility, as such term is defined in section forty  of  the
  correction  law,  including  any  place  used  by a municipality for the
  detention of persons charged with or convicted of a crime, at  the  sole
  cost  and expense of such municipality. A municipality, by resolution of
  its governing body, is hereby authorized to enter into such an agreement
  with the corporation and to provide for the payment to  the  corporation
  of  all  expenses incurred at such times and in such amounts as shall be
  set forth in  the  agreement,  notwithstanding  the  provisions  of  any
  general,  special  or  local  law or of any charter. The agreement shall
  contain such other terms and conditions as may be  agreed  upon  by  the
  corporation  and  the  municipality. The corporation shall enter into an
  agreement  with  a  municipality  prior  to  the  commencement  of   any
  corporation  services.  No agreement entered into between the facilities
  development corporation and a  municipality  pursuant  to  this  section
  shall  be effective until the director of the budget has determined that
  the total estimated charge to be collected by the corporation  from  the
  municipality  is  fair  and  reasonable in relationship to the estimated
  total project cost and also that sufficient provisions exist  to  insure
  the  collection of such charge by the corporation from the municipality.
  The corporation shall by regulation prescribe a procedure or  procedures
  for  the  application  by  a  municipality  to  the  corporation for its
  assistance and the corporation's procedure or procedures for the design,
  construction, reconstruction, rehabilitation and improvement of a  local
  correctional  facility.  Any  such  regulation shall be submitted to the
  director of the budget for his approval prior to its effectiveness.
    2. In the design,  construction,  reconstruction,  rehabilitation  and
  improvement  of  a  local correctional facility pursuant to an agreement
  entered into as  provided  in  subdivision  one  of  this  section,  the
  corporation  shall  be governed by the applicable provisions relating to
  the design and  construction  of  health  facilities  as  set  forth  in
  paragraphs c and d of subdivision two of section eight of this act.
    §  15.  Annual  report  of directors. The directors of the corporation
  shall submit to the governor, the state  agency  designated  by  him  to
  implement  the  federal  comprehensive health planning and public health
  services amendments of nineteen hundred sixty-six (Public  Law  89-749),
  the public health council, the mental hygiene council, the commissioners
  of  health  and  the  offices  of  the department of mental hygiene, the
  legislature, the chairman  of  the  senate  finance  committee  and  the
  chairman of the assembly ways and means committee, annually on or before

  October  first,  a  full report of its activities and operations through
  the thirty-first day of the preceding March,  including  details  as  to
  projects   in   planning,  projects  in  the  process  of  construction,
  acquisition,   reconstruction,   rehabilitation   or  improvements,  and
  projects  completed,  the  performance  record  of  the   directors   in
  completing  construction in accordance with the desired completion dates
  and within the estimated cost recommended by the governor  and  approved
  by   the  legislature,  the  architects,  engineers  and  other  private
  consultants engaged by the directors of the corporation  on  a  contract
  basis  and  a  statement of the total amount paid and yet to be paid, or
  estimated yet to be paid, under each such contract, the  letting  agency
  and  successful  bidder  or  bidders  for  each project, the monies made
  available for the purposes of the corporation, details as to any  lease,
  sublease  or agreement executed by the directors of the corporation with
  the state housing finance agency or the state  medical  care  facilities
  finance  agency,  as the case may be, and the annual rentals required to
  be paid on account thereof, and such other information  related  to  the
  activities  and  operation  of  the  corporation as the directors of the
  corporation may consider pertinent.
    § 15-a. Payment on corporation public work  projects.  Notwithstanding
  the  provisions  of  any  other  law  to the contrary, all contracts for
  public work awarded by the facilities development  corporation  pursuant
  to  this  chapter  shall  be  in  accordance  with  section  one hundred
  thirty-nine-f of the state finance law.
    § 16. Separability. If any section, subdivision, paragraph,  sentence,
  clause  or  provision  of  this  act  shall  be  unconstitutional  or be
  ineffective in  whole  or  in  part,  to  the  extent  that  it  is  not
  unconstitutional  or  ineffective, it shall be valid or effective and no
  other section, subdivision, paragraph,  sentence,  clause  or  provision
  shall on account thereof be deemed invalid or ineffective.
    § 17. Inconsistent provisions of other laws superseded. Insofar as the
  provisions  of  this article are inconsistent with the provisions of any
  other law, general or special, the  provisions  of  this  act  shall  be
  controlling.

  
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Last modified: September 11, 2016