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S03313 Summary:

S03313 Actions:

S03313 Committee Votes:

S03313 Floor Votes:

S03313 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3313--B
            Cal. No. 990
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                    January 30, 2023
                                       ___________
 
        Introduced  by  Sens.  SKOUFIS, ASHBY -- read twice and ordered printed,
          and when printed to be committed to the Committee on  Disabilities  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee -- reported favorably from said  commit-
          tee,  ordered  to first and second report, ordered to a third reading,
          passed by Senate and delivered to the Assembly, recalled, vote  recon-
          sidered,  restored  to  third  reading, amended and ordered reprinted,
          retaining its place in the order of third reading
 
        AN ACT to amend the private housing finance law, the public  authorities
          law and the New York state medical care facilities finance agency act,
          in  relation  to  replacing  the terms "mentally retarded" and "mental
          retardation" and variants thereof with "developmentally disabled"  and
          "developmental disability"
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph a of subdivision 1 of section 47-b of the private
     2  housing finance law, as amended by chapter 479 of the laws of  2022,  is
     3  amended to read as follows:
     4    a.  "Community  mental health and developmental disabilities facility"
     5  shall mean a building, a unit within a building, a laboratory, a  class-
     6  room, a housing unit, a dining hall, an activities center, a library, or
     7  any  structure  on  or  improvement  to  real  property  of  any kind or
     8  description, including fixtures and equipment which are an integral part
     9  of such building, unit or structure or improvement, a walkway, a roadway
    10  or a parking lot and improvements and connections for water, sewer, gas,
    11  electrical, telephone,  heating,  air  conditioning  and  other  utility
    12  services,  or a combination of any of the foregoing, whether for patient
    13  care and treatment or staff, staff family or service use, located  in  a
    14  city,  or  in  a county not wholly included within a city, authorized to
    15  provide  community  mental  health  services  in  accordance  with   the
    16  provisions  of  article  forty-one of title E of the mental hygiene law,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06636-07-3
        S. 3313--B                          2
 
     1  which is utilized or to be utilized for the administration  and  conduct
     2  of  programs  for  people  living with either mental illness or develop-
     3  mental disabilities, or both, and for the provision of  services  there-
     4  for. A community mental health and [retardation] developmental disabili-
     5  ties  facility  shall also mean and include a residential facility to be
     6  operated as a community residence  for  the  mentally  disabled,  and  a
     7  treatment  facility  for  use  in the conduct of an alcoholism treatment
     8  program or of a substance abuse treatment  program  as  defined  in  the
     9  mental hygiene law.
    10    §  2.  An  undesignated paragraph of paragraph (b) of subdivision 2 of
    11  section 1676 of the public authorities law, as added by chapter  433  of
    12  the laws of 1988, is amended to read as follows:
    13    New  Hope  Community,  Inc.,  a  not-for-profit  corporation,  for the
    14  financing, construction and  development  of  residences  for  [mentally
    15  retarded and developmentally disabled] adults with a developmental disa-
    16  bility  on  forty  acres  of  land  purchased from Leon and Dave Scharf,
    17  d.b.a. New Hope Rehabilitation Center, located on State Route 52 in  the
    18  Town  of  Fallsburg, to replace existing residential facilities operated
    19  by New Hope Rehabilitation Center.
    20    § 3. An undesignated paragraph of paragraph (b) of  subdivision  2  of
    21  section  1676  of the public authorities law, as added by chapter 384 of
    22  the laws of 1998, is amended to read as follows:
    23    Terence Cardinal Cooke Health Care Center for the[,] financing,  refi-
    24  nancing, construction, reconstruction, renovation, development, improve-
    25  ment,  expansion,  and  equipping of facilities to serve aged, disabled,
    26  and chronically impaired, [mentally retarded and  developmentally  disa-
    27  bled persons] and persons who have a developmental disability.
    28    § 4. An undesignated paragraph of subdivision 1 of section 1680 of the
    29  public  authorities law, as added by chapter 433 of the laws of 1988, is
    30  amended to read as follows:
    31    New Hope  Community,  Inc.,  a  not-for-profit  corporation,  for  the
    32  financing,  construction  and  development  of  residences for [mentally
    33  retarded and developmentally disabled] adults with a developmental disa-
    34  bility on forty acres of land  purchased  from  Leon  and  Dave  Scharf,
    35  d.b.a.  New Hope Rehabilitation Center, located on State Route 52 in the
    36  Town of Fallsburg, to replace existing residential  facilities  operated
    37  by New Hope Rehabilitation Center.
    38    § 5. An undesignated paragraph of subdivision 1 of section 1680 of the
    39  public  authorities law, as added by chapter 384 of the laws of 1998, is
    40  amended to read as follows:
    41    Terence Cardinal Cooke Health Care Center for the financing, refinanc-
    42  ing, construction, reconstruction, renovation, development, improvement,
    43  expansion, and equipping of facilities  to  serve  aged,  disabled,  and
    44  chronically  impaired,  [mentally  retarded and developmentally disabled
    45  persons] and persons who have a developmental disability.
    46    § 6. Paragraphs a and b of subdivision 7 of section 9-a of  section  1
    47  of  chapter  392  of  the  laws of 1973, constituting the New York state
    48  medical care facilities finance agency act,  paragraph  a  as  added  by
    49  chapter 58 of the laws of 1987 and paragraph b as amended by chapter 506
    50  of the laws of 1997, are amended to read as follows:
    51    a.  The  agency  shall have the power to acquire by lease or deed from
    52  the facilities development corporation any real property acquired by the
    53  corporation pursuant to the provisions of  subdivision  six  of  section
    54  nine  of  the facilities development corporation act (i) for the purpose
    55  of constructing, reconstructing, rehabilitating or improving thereon one
    56  or more community mental health and [retardation] developmental disabil-
        S. 3313--B                          3
 
     1  ities facilities or (ii) for the purpose of financing or refinancing the
     2  acquisition, construction, reconstruction, rehabilitation or improvement
     3  thereon of one or more community mental health and [retardation]  devel-
     4  opmental disabilities facilities, pursuant to the provisions of this act
     5  and  the  facilities  development corporation act.  The agency is hereby
     6  authorized to lease or sublease such real property and facilities there-
     7  on to the corporation for the purpose of making the same available to  a
     8  city  or  a  county  not  wholly within a city, for use and occupancy in
     9  accordance with the provisions of a lease, sublease or  other  agreement
    10  between the corporation and such city or county.
    11    b.  In  the  event that the agency shall fail, within five years after
    12  the date of a lease or conveyance of such real  property  from  property
    13  from  such city or county to the corporation, to construct, reconstruct,
    14  rehabilitate or improve the community mental  health  and  [retardation]
    15  developmental  disabilities  facility or facility thereon for which such
    16  lease or conveyance was made, as provided for in a  lease,  sublease  or
    17  other  financing  agreement  entered into by such city or county and the
    18  corporation, then, subject to the terms of any lease, sublease or  other
    19  financing agreement undertaken by the agency, such real property and any
    20  facilities  thereon shall revert to the corporation with right of re-en-
    21  try thereupon, and such lease or deed shall  be  made  subject  to  such
    22  condition  of reverter and re-entry. Provided, however, that as a condi-
    23  tion precedent to the exercise of such right of re-entry the corporation
    24  shall pay to the agency an amount equal to the sum of the purchase price
    25  of such real property, the depreciated  cost  of  any  community  mental
    26  health  and [retardation] developmental disabilities facility or facili-
    27  ties constructed, reconstructed, rehabilitated or improved  thereon  and
    28  all  other costs of the agency incident to the acquisition of such lands
    29  and the financing of  construction,  reconstruction,  rehabilitation  or
    30  improvement  relating  to such community mental health and [retardation]
    31  developmental disabilities facility or facilities, all  as  provided  in
    32  the  aforesaid lease, sublease or other financing agreement entered into
    33  with the corporation. It is further provided that for the Corona unit of
    34  the Bernard M. Fineson developmental disabilities services  office,  the
    35  corporation  may but is not required to pay to the agency an amount less
    36  than or equal to the purchase price of the real property,  the  depreci-
    37  ated  cost  of  the sum of the community mental health and [retardation]
    38  developmental disabilities facility constructed, reconstructed, rehabil-
    39  itated, demolished or improved thereon and all other costs of the agency
    40  incident  to  the  acquisition  of  such  lands  and  the  financing  of
    41  construction,  reconstruction, rehabilitation, demolition or improvement
    42  relating to such community mental health and [retardation] developmental
    43  disabilities facility, all as provided in the aforesaid lease,  sublease
    44  or other financing agreement entered into with the corporation.
    45    § 7. This act shall take effect immediately; provided, however, that:
    46    (a)  the  amendments  to an undesignated paragraph of paragraph (b) of
    47  subdivision 2 of section 1676 of the  public  authorities  law  made  by
    48  section  three  of this act shall not affect the repeal of such undesig-
    49  nated paragraph and shall be deemed repealed therewith; and
    50    (b) the amendments to an undesignated paragraph of  subdivision  1  of
    51  section  1680 of the public authorities law made by section five of this
    52  act shall not affect the repeal of such undesignated paragraph and shall
    53  be deemed repealed therewith.