STATE OF NEW YORK
________________________________________________________________________
6793--A
Cal. No. 973
2021-2022 Regular Sessions
IN SENATE
May 17, 2021
___________
Introduced by Sen. KAMINSKY -- read twice and ordered printed, and when
printed to be committed to the Committee on Disabilities -- recommit-
ted to the Committee on Disabilities in accordance with Senate Rule 6,
sec. 8 -- reported favorably from said committee, ordered to first and
second report, ordered to a third reading, amended and ordered
reprinted, retaining its place in the order of third reading
AN ACT to amend the abandoned property law, the arts and cultural
affairs law, the county law, the criminal procedure law, the debtor
and creditor law, the domestic relations law, the education law, the
executive law, the family court act, the insurance law, the judiciary
law, the legislative law, the mental hygiene law, the public health
law, the public lands law, the private housing finance law, the real
property actions and proceedings law, the real property law, the real
property tax law, the social services law, the tax law, the facilities
development corporation act, and the New York state medical care
facilities finance agency act, in relation to replacing the terms
"mentally retarded" and "mental retardation" with "intellectually
disabled" and "intellectual disability"
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 215 of the abandoned property law, as amended by
2 chapter 550 of the laws of 1978, is amended to read as follows:
3 § 215. Claims against state. Where an action has been commenced and
4 final judgment in favor of the people entered therein by reason of the
5 escheat of real property to the people and the said property has been
6 sold pursuant to section two hundred four, any party or parties thereto,
7 or their successors in interest, who, but for the rendering of such
8 final judgment would have been entitled to such real property, or an
9 interest therein, shall have a claim against the state for the value of
10 such real property or interest therein at the time of the entry of such
11 judgment, but no such claim shall exist in favor of such party or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10921-03-2
S. 6793--A 2
1 parties or their successors in interest unless a petition therefor shall
2 have been filed as hereinafter provided within fifteen years from the
3 date of entry of such final judgment unless such party or parties to
4 such ejectment action shall have been, at the time of the commencement
5 of such action or entry of final judgment, incompetent to conduct his or
6 her affairs by reason of mental illness or [mental retardation] intel-
7 lectual disability or have been under the age of eighteen years, or be
8 imprisoned in execution upon conviction of a criminal offense, in which
9 event the period of such disability shall not be deemed to be a part of
10 the time limited within which such petition may be filed. Such party or
11 parties, or their successors in interest shall petition the commissioner
12 of general services for payment of the sum or a part thereof received by
13 the state, upon the sale made pursuant to section two hundred four, and
14 the said commissioner if satisfied that the claim is just and is made by
15 a party who, except for the entry of final judgment in an action author-
16 ized by section two hundred one would have been entitled to the real
17 property or an interest therein affected by said action, may certify
18 such facts to the court of claims, whereupon that court is empowered and
19 authorized to determine the amount of such claim or claims and award
20 judgment therefor, the total of which in no event shall exceed the
21 amount received by the people upon the sale of said real property pursu-
22 ant to section two hundred four.
23 § 2. Paragraph (d) of subdivision 1 of section 35.07 of the arts and
24 cultural affairs law is amended to read as follows:
25 (d) In any illegal, indecent, or immoral exhibition or practice; or in
26 the exhibition of any such child when mentally ill, [mentally retarded]
27 intellectually disabled, or when presenting the appearance of any
28 deformity or unnatural physical formation or development; or
29 § 3. Subdivision 1 of section 707 of the county law, as added by chap-
30 ter 1 of the laws of 1995, is amended to read as follows:
31 1. Notwithstanding any other provision of law to the contrary, upon a
32 finding in an ex parte proceeding that expert services are reasonably
33 necessary for the prosecution of the case whether in connection with
34 issues relating to guilt or sentencing or that investigative services
35 relating to a separate sentencing proceeding or [mental retardation]
36 intellectual disability hearing pursuant to section 400.27 of the crimi-
37 nal procedure law are reasonably necessary, the trial court shall
38 authorize the payment of fees and expenses for such services. Upon a
39 finding that timely procurement of such services could not practicably
40 await prior authorization, the court may authorize the provision and
41 payment for such services nunc pro tunc.
42 § 4. Paragraph (d) of subdivision 1 and the opening paragraph of
43 subdivision 2 of section 330.20 of the criminal procedure law, paragraph
44 (d) as amended by chapter 672 of the laws of 2019 and the opening para-
45 graph of subdivision 2 as amended by chapter 693 of the laws of 1989,
46 are amended to read as follows:
47 (d) "Mentally ill" means that a defendant currently suffers from a
48 mental illness for which care and treatment as a patient, in the in-pa-
49 tient services of a psychiatric center under the jurisdiction of the
50 state office of mental health, is essential to such defendant's welfare
51 and that his judgment is so impaired that he is unable to understand the
52 need for such care and treatment; and, where a defendant is [mentally
53 retarded] intellectually disabled, the term "mentally ill" shall also
54 mean, for purposes of this section, that the defendant is in need of
55 care and treatment as a resident in the in-patient services of a devel-
56 opmental center or other residential facility for the [mentally
S. 6793--A 3
1 retarded] intellectually disabled and developmentally disabled under the
2 jurisdiction of the state office for people with developmental disabili-
3 ties.
4 Upon entry of a verdict of not responsible by reason of mental disease
5 or defect, or upon the acceptance of a plea of not responsible by reason
6 of mental disease or defect, the court must immediately issue an exam-
7 ination order. Upon receipt of such order, the commissioner must desig-
8 nate two qualified psychiatric examiners to conduct the examination to
9 examine the defendant. In conducting their examination, the psychiatric
10 examiners may employ any method which is accepted by the medical profes-
11 sion for the examination of persons alleged to be suffering from a
12 dangerous mental disorder or to be mentally ill or [retarded] intellec-
13 tually disabled. The court may authorize a psychiatrist or psychologist
14 retained by a defendant to be present at such examination. The clerk of
15 the court must promptly forward a copy of the examination order to the
16 mental hygiene legal service and such service may thereafter participate
17 in all subsequent proceedings under this section.
18 § 5. Paragraph (b) of subdivision 9, paragraphs (a), (b), (c), (d),
19 (e) and (f) of subdivision 12, paragraphs (a) and (c) of subdivision 13
20 and the opening paragraph of paragraph (a) and paragraph (c) of subdivi-
21 sion 14 of section 400.27 of the criminal procedure law, paragraph (b)
22 of subdivision 9, paragraphs (a), (b), (c), (d), (e) and (f) of subdivi-
23 sion 12 and paragraph (a) of subdivision 13 as added by chapter 1 of the
24 laws of 1995, paragraph (c) of subdivision 13 as amended by chapter 230
25 of the laws of 2004 and the opening paragraph of paragraph (a) and para-
26 graph (c) of subdivision 14 as amended by section 9 of part LLL of chap-
27 ter 59 of the laws of 2019, are amended to read as follows:
28 (b) The defendant was [mentally retarded] intellectually disabled at
29 the time of the crime, or the defendant's mental capacity was impaired
30 or his ability to conform his conduct to the requirements of law was
31 impaired but not so impaired in either case as to constitute a defense
32 to prosecution;
33 (a) Upon the conviction of a defendant for the offense of murder in
34 the first degree as defined in section 125.27 of the penal law, the
35 court shall, upon oral or written motion of the defendant based upon a
36 showing that there is reasonable cause to believe that the defendant is
37 [mentally retarded] intellectually disabled, promptly conduct a hearing
38 without a jury to determine whether the defendant is [mentally retarded]
39 intellectually disabled. Upon the consent of both parties, such a hear-
40 ing, or a portion thereof, may be conducted by the court contemporane-
41 ously with the separate sentencing proceeding in the presence of the
42 sentencing jury, which in no event shall be the trier of fact with
43 respect to the hearing. At such hearing the defendant has the burden of
44 proof by a preponderance of the evidence that he or she is [mentally
45 retarded] intellectually disabled. The court shall defer rendering any
46 finding pursuant to this subdivision as to whether the defendant is
47 [mentally retarded] intellectually disabled until a sentence is imposed
48 pursuant to this section.
49 (b) In the event the defendant is sentenced pursuant to this section
50 to life imprisonment without parole or to a term of imprisonment for the
51 class A-I felony of murder in the first degree other than a sentence of
52 life imprisonment without parole, the court shall not render a finding
53 with respect to whether the defendant is [mentally retarded] intellectu-
54 ally disabled.
55 (c) In the event the defendant is sentenced pursuant to this section
56 to death, the court shall thereupon render a finding with respect to
S. 6793--A 4
1 whether the defendant is [mentally retarded] intellectually disabled. If
2 the court finds the defendant is [mentally retarded] intellectually
3 disabled, the court shall set aside the sentence of death and sentence
4 the defendant either to life imprisonment without parole or to a term of
5 imprisonment for the class A-I felony of murder in the first degree
6 other than a sentence of life imprisonment without parole. If the court
7 finds the defendant is not [ mentally retarded] intellectually disabled,
8 then such sentence of death shall not be set aside pursuant to this
9 subdivision.
10 (d) In the event that a defendant is convicted of murder in the first
11 degree pursuant to subparagraph (iii) of paragraph (a) of subdivision
12 one of section 125.27 of the penal law, and the killing occurred while
13 the defendant was confined or under custody in a state correctional
14 facility or local correctional institution, and a sentence of death is
15 imposed, such sentence may not be set aside pursuant to this subdivision
16 upon the ground that the defendant is [mentally retarded] intellectually
17 disabled. Nothing in this paragraph or paragraph (a) of this subdivision
18 shall preclude a defendant from presenting mitigating evidence of
19 [mental retardation] intellectual disability at the separate sentencing
20 proceeding.
21 (e) The foregoing provisions of this subdivision notwithstanding, at a
22 reasonable time prior to the commencement of trial the defendant may,
23 upon a written motion alleging reasonable cause to believe the defendant
24 is [mentally retarded] intellectually disabled, apply for an order
25 directing that [a mental retardation] an intellectual disability hearing
26 be conducted prior to trial. If, upon review of the defendant's motion
27 and any response thereto, the court finds reasonable cause to believe
28 the defendant is [mentally retarded] intellectually disabled, it shall
29 promptly conduct a hearing without a jury to determine whether the
30 defendant is [mentally retarded] intellectually disabled. In the event
31 the court finds after the hearing that the defendant is not [mentally
32 retarded] intellectually disabled, the court must, prior to commencement
33 of trial, enter an order so stating, but nothing in this paragraph shall
34 preclude a defendant from presenting mitigating evidence of [mental
35 retardation] intellectual disability at a separate sentencing proceed-
36 ing. In the event the court finds after the hearing that the defendant,
37 based upon a preponderance of the evidence, is [mentally retarded]
38 intellectually disabled, the court must, prior to commencement of trial,
39 enter an order so stating. Unless the order is reversed on an appeal by
40 the people or unless the provisions of paragraph (d) of this subdivision
41 apply, a separate sentencing proceeding under this section shall not be
42 conducted if the defendant is thereafter convicted of murder in the
43 first degree. In the event a separate sentencing proceeding is not
44 conducted, the court, upon conviction of a defendant for the crime of
45 murder in the first degree, shall sentence the defendant to life impri-
46 sonment without parole or to a sentence of imprisonment for the class
47 A-I felony of murder in the first degree other than a sentence of life
48 imprisonment without parole. Whenever [a mental retardation] an intel-
49 lectual disability hearing is held and a finding is rendered pursuant to
50 this paragraph, the court may not conduct a hearing pursuant to para-
51 graph (a) of this subdivision. For purposes of this subdivision and
52 paragraph (b) of subdivision nine of this section, ["mental retarda-
53 tion"] "intellectual disability" means significantly subaverage general
54 intellectual functioning existing concurrently with deficits in adaptive
55 behavior which were manifested before the age of eighteen.
S. 6793--A 5
1 (f) In the event the court enters an order pursuant to paragraph (e)
2 of this subdivision finding that the defendant is [mentally retarded]
3 intellectually disabled, the people may appeal as of right from the
4 order pursuant to subdivision ten of section 450.20 of this chapter.
5 Upon entering such an order the court must afford the people a reason-
6 able period of time, which shall not be less than ten days, to determine
7 whether to take an appeal from the order finding that the defendant is
8 [mentally retarded] intellectually disabled. The taking of an appeal by
9 the people stays the effectiveness of the court's order and any order
10 fixing a date for trial. Within six months of the effective date of this
11 subdivision, the court of appeals shall adopt rules to ensure that
12 appeals pursuant to this paragraph are expeditiously perfected, reviewed
13 and determined so that pretrial delays are minimized. Prior to adoption
14 of the rules, the court of appeals shall issue proposed rules and
15 receive written comments thereon from interested parties.
16 (a) As used in this subdivision, the term "psychiatric evidence" means
17 evidence of mental disease, defect or condition in connection with
18 either a mitigating factor defined in this section or [a mental retarda-
19 tion] an intellectual disability hearing pursuant to this section to be
20 offered by a psychiatrist, psychologist or other person who has received
21 training, or education, or has experience relating to the identifica-
22 tion, diagnosis, treatment or evaluation of mental disease, mental
23 defect or mental condition.
24 (c) When a defendant serves notice pursuant to this subdivision, the
25 district attorney may make application, upon notice to the defendant,
26 for an order directing that the defendant submit to an examination by a
27 psychiatrist, licensed psychologist, or licensed clinical social worker
28 designated by the district attorney, for the purpose of rebutting
29 evidence offered by the defendant with respect to a mental disease,
30 defect, or condition in connection with either a mitigating factor
31 defined in this section, including whether the defendant was acting
32 under duress, was mentally or emotionally disturbed or [mentally
33 retarded] intellectually disabled, or was under the influence of alcohol
34 or any drug. If the application is granted, the district attorney shall
35 schedule a time and place for the examination, which shall be recorded.
36 Counsel for the people and the defendant shall have the right to be
37 present at the examination. A transcript of the examination shall be
38 made available to the defendant and the district attorney promptly after
39 its conclusion. The district attorney shall promptly serve on the
40 defendant a written copy of the findings and evaluation of the examiner.
41 If the court finds that the defendant has wilfully refused to cooperate
42 fully in an examination pursuant to this paragraph, it shall, upon
43 request of the district attorney, instruct the jury that the defendant
44 did not submit to or cooperate fully in such psychiatric examination.
45 When a defendant is subjected to an examination pursuant to an order
46 issued in accordance with this subdivision, any statement made by the
47 defendant for the purpose of the examination shall be inadmissible in
48 evidence against him in any criminal action or proceeding on any issue
49 other than that of whether a mitigating factor has been established or
50 whether the defendant is [mentally retarded] intellectually disabled,
51 but such statement is admissible upon such an issue whether or not it
52 would otherwise be deemed a privileged communication.
53 At a reasonable time prior to the sentencing proceeding or [a mental
54 retardation] an intellectual disability hearing:
55 (c) If, after complying with the provisions of this section or an
56 order pursuant thereto, a party finds either before or during a sentenc-
S. 6793--A 6
1 ing proceeding or [mental retardation] intellectual disability hearing,
2 additional material subject to discovery or covered by court order, the
3 party shall promptly make disclosure or apply for a protective order.
4 § 6. Subdivision 10 of section 450.20 of the criminal procedure law,
5 as added by chapter 1 of the laws of 1995, is amended to read as
6 follows:
7 10. An order, entered pursuant to paragraph (e) of subdivision twelve
8 of section 400.27, finding that the defendant is [mentally retarded]
9 intellectually disabled.
10 § 7. Section 252 of the debtor and creditor law, as amended by chapter
11 115 of the laws of 1981, is amended to read as follows:
12 § 252. Payment by committee or conservator of claims. A committee of
13 the property of a person, incompetent by reason of mental illness,
14 [mental retardation] intellectual disability or alcohol abuse, to manage
15 his affairs, or a conservator of the property of a conservatee, may,
16 under direction of the court exercising jurisdiction of such estate,
17 after payment of the expenses, disbursements and commissions of such
18 trust, apply so much of the funds and property of said estate remaining
19 in his hands as such committee or conservator, as may be necessary to
20 pay and discharge the proper claims of creditors who have presented
21 claims pursuant to the notice in this article provided for, to the
22 payment of such claims, and if the property so remaining be insufficient
23 to pay such claims in full, then the committee or conservator may
24 distribute the same according to law among the creditors who have
25 presented and proved their claims as in this article provided, and such
26 payment, when so made in good faith and under direction of such court,
27 shall relieve such committee or conservator and his sureties from
28 liability to creditors who have failed to present their claims as in
29 this article provided.
30 § 8. The third undesignated paragraph of subdivision 1 of section 13-d
31 of the domestic relations law, as added by chapter 371 of the laws of
32 1986, is amended to read as follows:
33 Rubella infection poses a grave threat to the unborn child, especially
34 during the first four months of pregnancy. It can lead to miscarriage,
35 stillbirth, or one or all of the tragic defects such as deafness, blind-
36 ness, crippling congenital heart disease, [mental retardation] intellec-
37 tual disability and muscular and bone defects.
38 § 9. Subdivision 5 of section 115 of the domestic relations law, as
39 amended by chapter 305 of the laws of 2008, is amended to read as
40 follows:
41 5. Where the petition alleges that either or both of the birth parents
42 of the child have been deprived of civil rights or are mentally ill or
43 [mentally retarded] intellectually disabled, proof shall be submitted
44 that such disability exists at the time of the proposed adoption.
45 § 10. Paragraph (g) of subdivision 1 of section 414 of the education
46 law, as amended by chapter 257 of the laws of 1976, is amended to read
47 as follows:
48 (g) For classes of instruction for [mentally retarded] intellectually
49 disabled minors operated by a private organization approved by the
50 commissioner of education.
51 § 11. The section heading and subdivisions 1, 2 and 3 of section
52 1004-a of the education law, the section heading and subdivisions 1 and
53 3 as amended by chapter 1014 of the laws of 1974 and subdivision 2 as
54 separately amended by chapters 474 and 475 of the laws of 1978, are
55 amended to read as follows:
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1 Sheltered workshops for the [mentally retarded] intellectually disa-
2 bled, mentally ill and severely physically handicapped. 1. Declaration
3 of purpose. The conditions of [mental retardation] intellectual disa-
4 bility, mental illness and severe physical handicap are such that many
5 young people, after laborious training in the schools and otherwise,
6 reach the point in their lives where they can and should, under proper
7 and continued guidance, engage in sheltered employment. The effects of
8 such employment are salutary in many ways. The affected individual is
9 helped to become a contributing member of society. The state is saved
10 the expense of his institutionalization in already overcrowded state
11 schools and facilities. The family retains closer contact with him and
12 is spared the anxieties naturally attaching to separation and institu-
13 tionalization. All of these factors have also been shown to reflect
14 tangible benefit upon the [mentally retarded] intellectually disabled,
15 mentally ill and severely physically handicapped person in improving his
16 overall condition. The purpose of this measure is to specifically
17 encourage the development, improvement and expansion of such sheltered
18 employment facilities by non-profit agencies, so that the salutary
19 effects mentioned can be expediently accomplished.
20 2. Special provisions relating to [mentally retarded] intellectually
21 disabled, mentally ill and severely physically handicapped persons in
22 extended sheltered employment in workshops. Notwithstanding any other
23 provision of this article, when it shall appear to the satisfaction of
24 the department that a [mentally retarded] intellectually disabled,
25 mentally ill or severely physically handicapped person over the chrono-
26 logical age of seventeen years can reasonably be expected to benefit
27 from, or in his best interests reasonably requires extended sheltered
28 employment in a workshop as defined in section ten hundred two[, subdi-
29 vision eight of article twenty-one] of this chapter, furnished by an
30 approved non-profit organization, the department is authorized to
31 contract with such organization for the furnishing of such sheltered
32 employment to such [mentally retarded] intellectually disabled, mentally
33 ill or severely physically handicapped person; and the department is
34 further authorized to expend for such purpose a sum or sums not less
35 than one thousand five hundred dollars per annum for each such [mentally
36 retarded] intellectually disabled, mentally ill or severely physically
37 handicapped person, for or towards the cost of providing such sheltered
38 employment for each such [mentally retarded] intellectually disabled,
39 mentally ill or severely physically handicapped person.
40 The department shall pay at least quarterly during the state fiscal
41 year such sums as are authorized to such organizations for such shel-
42 tered employment immediately upon the completion of evaluation and
43 personal adjustment services under the sponsorship of the department.
44 3. The department shall maintain a register of such nonprofit organ-
45 izations which, after inspection of the facilities for sheltered employ-
46 ment provided by them, it deems qualified to meet the needs of such
47 [mentally retarded] intellectually disabled, mentally ill and severely
48 physically handicapped persons. Such inspection shall also determine the
49 eligibility of such organization to receive the funds hereinbefore spec-
50 ified.
51 § 12. Subdivision 8-a of section 1950 of the education law, as added
52 by chapter 762 of the laws of 1972, is amended to read as follows:
53 8-a. Notwithstanding any other provision of this section and with the
54 consent of the commissioner, the city school district of the city of
55 Syracuse may, upon consent of the board of cooperative educational
56 services for the sole supervisory district for Onondaga and Madison
S. 6793--A 8
1 counties, be included as a component district for the sole purpose of
2 operating a combined program and/or constructing a combined facility for
3 the trainable [mentally retarded] intellectually disabled children in
4 the city of Syracuse and the county of Onondaga. Such city school
5 district shall add an amount to its budget and levy, collect and pay the
6 same to such board of cooperative educational services to defray the
7 proportional expenses of constructing and operating such facility for
8 such children. Such city school district shall not be liable for payment
9 of administrative expenses as provided for in paragraph b of subdivision
10 four of this section nor shall such city school district be eligible for
11 the payment of state aid under this section except such city school
12 district shall receive state aid based on its proportionate share of
13 building expenses related to this program as determined by the commis-
14 sioner.
15 § 13. Paragraphs a, b, and c, and subparagraphs 1, 8 and 13 of para-
16 graph d of subdivision 5 of section 3202 of the education law, paragraph
17 a as added by chapter 47 of the laws of 1977 and as renumbered by chap-
18 ter 563 of the laws of 1980, paragraph b as amended by section 26 of
19 part B of chapter 57 of the laws of 2007, paragraph c and subparagraphs
20 1 and 13 of paragraph d as amended by chapter 672 of the laws of 2019,
21 and subparagraph 8 of paragraph d as added by chapter 721 of the laws of
22 1979 and as renumbered by chapter 57 of the laws of 1993, are amended to
23 read as follows:
24 a. Children who reside in a school for the [mentally retarded] intel-
25 lectually disabled operated by the department of mental hygiene and for
26 whom the department has assumed responsibility for support and mainte-
27 nance prior to July one, nineteen hundred seventy-seven and who are
28 placed in a family home at board, a duly incorporated orphan asylum or
29 other institution for the care, custody and treatment of children shall
30 be admitted to the schools of the school district in which such family
31 home or institution is located. The education department is authorized
32 to reimburse each school district furnishing educational services to
33 such children for the direct cost of such services in accordance with
34 regulations promulgated by the commissioner and approved by the director
35 of the budget. The educational costs for these children shall not be
36 otherwise aidable or reimbursable.
37 b. Children who reside in a school for the [mentally retarded] intel-
38 lectually disabled operated by the department of mental hygiene and for
39 whose support and maintenance the department assumes responsibility on
40 or after July one, nineteen hundred seventy-seven and who are thereafter
41 placed in a family home at board, a duly incorporated orphan asylum or
42 other institution for the care, custody and treatment of children shall
43 be admitted to the schools of the school district in which such family
44 home or institution is located. The education department is authorized
45 to reimburse each school district furnishing educational services to
46 such children for the direct cost of such services in accordance with
47 regulations promulgated by the commissioner and approved by the director
48 of the budget. The educational costs for these children shall not be
49 otherwise aidable or reimbursable. The school district in which the
50 child resided at the time the department of mental hygiene assumed
51 responsibility for the support and maintenance of such child shall reim-
52 burse the education department for its expenditure on behalf of such
53 child in an amount equal to the school district basic contribution, as
54 such term is defined in subdivision eight of section four thousand four
55 hundred one of this chapter. The comptroller may deduct from any state
56 funds which become due to a school district an amount equal to the
S. 6793--A 9
1 reimbursement required to be made by such school district in accordance
2 with this paragraph, and the amount so deducted shall not be included in
3 the operating expense of such district for the purpose of computing the
4 approved operating expense pursuant to paragraph t of subdivision one of
5 section thirty-six hundred two of this chapter. The department of mental
6 hygiene shall notify the education department of the name of the child,
7 the location of the family home or institution where the child is to be
8 placed and the name of the school district in which such child resided
9 at the time the department of mental hygiene assumed responsibility for
10 his or her support and maintenance.
11 c. (1) The education department is authorized to reimburse each school
12 district furnishing educational services to children residing in schools
13 for the [mentally retarded] intellectually disabled operated by the
14 office for people with developmental disabilities for the direct cost of
15 such services in accordance with regulations promulgated by the commis-
16 sioner and approved by the director of the budget.
17 (2) The school district in which each such child resided at the time
18 the office for people with developmental disabilities assumed responsi-
19 bility for the support and maintenance of such child shall reimburse the
20 education department for its expenditures on behalf of such child, in an
21 amount equal to the school district basic contribution as such term is
22 defined in subdivision eight of section forty-four hundred one of this
23 chapter, for any such child admitted to a state school for the
24 [retarded] intellectually disabled on or after July first, nineteen
25 hundred seventy-eight. The comptroller may deduct from any state funds
26 which become due to a school district an amount equal to the reimburse-
27 ment required to be made by such school district in accordance with this
28 paragraph and the amount so deducted shall not be included in the
29 approved operating expense of such district for the purpose of computing
30 the approved operating expenses pursuant to paragraph t of subdivision
31 one of section thirty-six hundred two of this chapter.
32 (1) Children who reside in an intermediate care facility for the
33 [mentally retarded] intellectually disabled, other than a state operated
34 school for the [mentally retarded] intellectually disabled, as defined
35 in regulations of the office for people with developmental disabilities,
36 shall be admitted to the public schools, except as otherwise provided in
37 subparagraph fourteen of this paragraph. The trustees or board of
38 education of the school district in which such facility is located shall
39 receive such children in the school or schools of the district for
40 instruction and for the provision of necessary related services for a
41 compensation to be fixed by the trustees or board of education, unless
42 such trustees or board of education shall establish to the satisfaction
43 of the commissioner of education that there are valid and sufficient
44 reasons for refusal to receive such children. Evaluation of the educa-
45 tional needs of such children and placement in appropriate educational
46 programs shall be made in accordance with article eighty-nine of this
47 chapter.
48 (8) A board of education of a school district which receives notifica-
49 tion that a child has been placed in an intermediate care facility for
50 the [mentally retarded] intellectually disabled may deny financial
51 responsibility for any child by written notice within twenty days of
52 such notification to the school district furnishing instruction and the
53 intermediate care facility.
54 (13) The school district providing educational services to children
55 placed pursuant to this paragraph shall provide a report on the status
56 of each such child with a handicapping condition annually to the commit-
S. 6793--A 10
1 tee on special education of the school district in which the child
2 resided at the time of admission to the intermediate care facility for
3 the [mentally retarded] intellectually disabled. Such report shall also
4 be sent to the parent or guardian of the child and the office for people
5 with developmental disabilities.
6 § 14. Subclause (iii) of clause (c) of subparagraph 4 of paragraph b
7 of subdivision 1 of section 4402 of the education law, as amended by
8 chapter 378 of the laws of 2007, is amended to read as follows:
9 (iii) where neither such agency exists in the locality, either the
10 area developmental disabilities services office, where the primary
11 reason the child is at risk of placement relates to [mental retardation]
12 intellectual disability or a developmental disability, or the local
13 mental health agency, where the primary reason the child is at risk of
14 placement relates to any other mental disability.
15 § 15. Subclause (iii) of clause (c) of subparagraph 4 of paragraph b
16 of subdivision 1 of section 4402 of the education law, as amended by
17 chapter 600 of the laws of 1994, is amended to read as follows:
18 (iii) where neither such agency exists in the locality, either the
19 area developmental disabilities services office, where the primary
20 reason the child is at risk of placement relates to [mental retardation]
21 intellectual disability or a developmental disability, or the local
22 mental health agency, where the primary reason the child is at risk of
23 placement relates to any other mental disability.
24 § 16. Subdivision 4 of section 4403 of the education law, as amended
25 by chapter 53 of the laws of 1986, is amended to read as follows:
26 4. To periodically inspect, report on the adequacy of and make recom-
27 mendations concerning instructional programs or special services for all
28 children with handicapping conditions who reside in or attend any state
29 operated or state financed social service facilities, youth facilities,
30 health facilities, mental health, [mental retardation] intellectual
31 disability and developmental disabilities facilities or state correc-
32 tional facilities.
33 § 17. Paragraph a of subdivision 3 of section 6507 of the education
34 law, as amended by chapter 672 of the laws of 2019, is amended to read
35 as follows:
36 a. Establish standards for preprofessional and professional education,
37 experience and licensing examinations as required to implement the arti-
38 cle for each profession. Notwithstanding any other provision of law, the
39 commissioner shall establish standards requiring that all persons apply-
40 ing, on or after January first, nineteen hundred ninety-one, initially,
41 or for the renewal of, a license, registration or limited permit to be a
42 physician, chiropractor, dentist, registered nurse, podiatrist, optome-
43 trist, psychiatrist, psychologist, licensed master social worker,
44 licensed clinical social worker, licensed creative arts therapist,
45 licensed marriage and family therapist, licensed mental health counse-
46 lor, licensed psychoanalyst, dental hygienist, licensed behavior
47 analyst, or certified behavior analyst assistant shall, in addition to
48 all the other licensure, certification or permit requirements, have
49 completed two hours of coursework or training regarding the identifica-
50 tion and reporting of child abuse and maltreatment. The coursework or
51 training shall be obtained from an institution or provider which has
52 been approved by the department to provide such coursework or training.
53 The coursework or training shall include information regarding the phys-
54 ical and behavioral indicators of child abuse and maltreatment and the
55 statutory reporting requirements set out in sections four hundred thir-
56 teen through four hundred twenty of the social services law, including
S. 6793--A 11
1 but not limited to, when and how a report must be made, what other
2 actions the reporter is mandated or authorized to take, the legal
3 protections afforded reporters, and the consequences for failing to
4 report. Such coursework or training may also include information regard-
5 ing the physical and behavioral indicators of the abuse of individuals
6 with [mental retardation] an intellectual disability and other develop-
7 mental disabilities and voluntary reporting of abused or neglected
8 adults to the office for people with developmental disabilities or the
9 local adult protective services unit. Each applicant shall provide the
10 department with documentation showing that he or she has completed the
11 required training. The department shall provide an exemption from the
12 child abuse and maltreatment training requirements to any applicant who
13 requests such an exemption and who shows, to the department's satisfac-
14 tion, that there would be no need because of the nature of his or her
15 practice for him or her to complete such training;
16 § 18. Subparagraph (i) of paragraph (a) of subdivision 1 of section
17 509 of the executive law, as added by chapter 659 of the laws of 1977
18 and renumbered by chapter 465 of the laws of 1992, is amended to read as
19 follows:
20 (i) that such child is mentally ill or [mentally retarded] intellectu-
21 ally disabled and will substantially benefit from care and treatment in
22 such a state school or hospital; and
23 § 19. Subdivision (b) of section 115 of the family court act, as
24 amended by chapter 281 of the laws of 1980, is amended to read as
25 follows:
26 (b) The family court has such other jurisdiction as is set forth in
27 this act, including jurisdiction over habeas corpus proceedings and over
28 applications for support, maintenance, a distribution of marital proper-
29 ty and custody in matrimonial actions when referred to the family court
30 by the supreme court, conciliation proceedings, and proceedings concern-
31 ing physically handicapped and [mentally defective or retarded] intel-
32 lectually disabled children.
33 § 20. Item (i) of subparagraph (A) of paragraph 4 of subsection (a) of
34 section 3216 of the insurance law, as amended by chapter 219 of the laws
35 of 2011, is amended to read as follows:
36 (i) Any unmarried dependent child, regardless of age, who is incapable
37 of self-sustaining employment by reason of mental illness, developmental
38 disability, or [mental retardation] intellectual disability as defined
39 in the mental hygiene law, or physical handicap and who became so inca-
40 pable prior to the age at which dependent coverage would otherwise
41 terminate, shall be included in coverage subject to any pre-existing
42 conditions limitation applicable to other dependents; or
43 § 21. Subparagraph (A) of paragraph 4 and subparagraph (B) of para-
44 graph 5 of subsection (c) of section 3216 of the insurance law, subpara-
45 graph (A) of paragraph 4 as amended by chapter 93 of the laws of 1989
46 and subparagraph (B) of subdivision 5 as amended by section 46-b of part
47 D of chapter 56 of the laws of 2013, are amended to read as follows:
48 (A) Coverage of an unmarried dependent child who is incapable of self-
49 sustaining employment by reason of mental illness, developmental disa-
50 bility, or [mental retardation] intellectual disability, as defined in
51 the mental hygiene law, or physical handicap and who became so incapable
52 prior to attainment of the age at which dependent coverage would other-
53 wise terminate and who is chiefly dependent upon such policyholder for
54 support and maintenance, shall not terminate while the policy remains in
55 force and the dependent remains in such condition, if the policyholder
56 has within thirty-one days of such dependent's attainment of the limit-
S. 6793--A 12
1 ing age submitted proof of such dependent's incapacity as described
2 herein.
3 (B) Written notice of entitlement to a conversion policy shall be
4 given by the insurer to the policyholder at least fifteen and not more
5 than sixty days prior to the termination of coverage due to the initial
6 limiting age of the covered dependent. Such notice shall include an
7 explanation of the rights of the dependent with respect to the dependent
8 being enrolled in an accredited institution of learning or his incapaci-
9 ty for self-sustaining employment by reason of mental illness, develop-
10 mental disability or [mental retardation] intellectual disability as
11 defined in the mental hygiene law or physical handicap.
12 § 22. Item (ii) of subparagraph (A) of paragraph 1 of subsection (f)
13 of section 4235 of the insurance law, as amended by chapter 219 of the
14 laws of 2011, is amended to read as follows:
15 (ii) a policy under which coverage terminates at a specified age shall
16 not so terminate with respect to an unmarried child who is incapable of
17 self-sustaining employment by reason of mental illness, developmental
18 disability, [mental retardation] intellectual disability, as defined in
19 the mental hygiene law, or physical handicap and who became so incapable
20 prior to attainment of the age at which coverage would otherwise termi-
21 nate and who is chiefly dependent upon such employee or member for
22 support and maintenance, while the insurance of the employee or member
23 remains in force and the child remains in such condition, if the insured
24 employee or member has within thirty-one days of such child's attainment
25 of the termination age submitted proof of such child's incapacity as
26 described herein.
27 § 23. Item (ii) of subparagraph (A) of paragraph 1 and paragraph 3 of
28 subsection (d) of section 4304 of the insurance law, as amended by chap-
29 ter 219 of the laws of 2011, are amended to read as follows:
30 (ii) The coverage of any such "family contract" shall include any
31 other unmarried child, regardless of age, who is incapable of self-sus-
32 taining employment by reason of mental illness, developmental disabili-
33 ty, [mental retardation] intellectual disability, as defined in the
34 mental hygiene law, or physical handicap and who became so incapable
35 prior to attainment of the age at which coverage would otherwise termi-
36 nate.
37 (3) Coverage of an unmarried dependent child who is incapable of self-
38 sustaining employment by reason of mental illness, developmental disa-
39 bility or [mental retardation] intellectual disability, as defined in
40 the mental hygiene law, or physical handicap and who became so incapable
41 prior to attainment of the age at which coverage would otherwise termi-
42 nate and who is chiefly dependent upon the contract holder for support
43 and maintenance, shall not terminate while the contract remains in force
44 and the child remains in such condition, if the contract holder has
45 within thirty-one days of such child's attainment of the limiting age
46 submitted proof of such child's incapacity as described herein.
47 § 24. Item (ii) of subparagraph (A) of paragraph 1 of subsection (c)
48 of section 4305 of the insurance law, as amended by chapter 219 of the
49 laws of 2011, is amended to read as follows:
50 (ii) a contract under which coverage terminates at a specified age
51 shall, with respect to an unmarried child who is incapable of self-sus-
52 taining employment by reason of mental illness, developmental disabili-
53 ty, [mental retardation] intellectual disability, as defined in the
54 mental hygiene law, or physical handicap and who became so incapable
55 prior to attainment of the age at which coverage would otherwise termi-
56 nate and who is chiefly dependent upon such member for support and main-
S. 6793--A 13
1 tenance, not so terminate while the contract remains in force and the
2 child remains in such condition, if the member has within thirty-one
3 days of such child's attainment of the termination age submitted proof
4 of such child's incapacity as described herein.
5 § 25. Paragraph a of subdivision 1 of section 35 of the judiciary law,
6 as amended by chapter 817 of the laws of 1986, is amended to read as
7 follows:
8 a. When a court orders a hearing in a proceeding upon a writ of habeas
9 corpus to inquire into the cause of detention of a person in custody in
10 a state institution, or when it orders a hearing in a civil proceeding
11 to commit or transfer a person to or retain him in a state institution
12 when such person is alleged to be mentally ill, mentally defective or a
13 narcotic addict, or when it orders a hearing for the commitment of the
14 guardianship and custody of a child to an authorized agency by reason of
15 the mental illness or [mental retardation] intellectual disability of a
16 parent, or when it orders a hearing to determine whether consent to the
17 adoption of a child shall be required of a parent who is alleged to be
18 mentally ill or [mentally retarded] intellectually disabled, or when it
19 orders a hearing to determine the best interests of a child when the
20 parent of the child revokes a consent to the adoption of such child and
21 such revocation is opposed or in any adoption or custody proceeding if
22 it determines that assignment of counsel in such cases is mandated by
23 the constitution of this state or of the United States, the court may
24 assign counsel to represent such person if it is satisfied that he is
25 financially unable to obtain counsel. Upon an appeal taken from an order
26 entered in any such proceeding, the appellate court may assign counsel
27 to represent such person upon the appeal if it is satisfied that he is
28 financially unable to obtain counsel.
29 § 26. That portion of subdivision 1 of section 5-a of the legislative
30 law entitled "ASSEMBLYMEN SERVING IN SPECIAL CAPACITY", as amended by
31 section 3 of part XX of chapter 56 of the laws of 2009, is amended to
32 read as follows:
33 ASSEMBLYMEN SERVING IN SPECIAL CAPACITY
34 Chairman of assembly ways and means committee ................... 34,000
35 Ranking minority member of assembly ways and means
36 committee ...................................................... 20,500
37 Chairman of assembly judiciary committee ........................ 18,000
38 Ranking minority member of assembly judiciary
39 committee ...................................................... 11,000
40 Chairman of assembly codes committee ............................ 18,000
41 Ranking minority member of assembly codes
42 committee ...................................................... 11,000
43 Chairman of assembly banks committee ............................ 15,000
44 Ranking minority member of assembly banks committee .............. 9,500
45 Chairman of assembly committee on cities ........................ 15,000
46 Ranking minority member of assembly committee on cities .......... 9,500
47 Chairman of assembly education committee ........................ 18,000
48 Ranking minority member of assembly education committee ......... 11,000
49 Chairman of assembly health committee ........................... 15,000
50 Ranking minority member of assembly health committee ............. 9,500
51 Chairman of assembly local governments committee ................ 15,000
52 Ranking minority member of assembly local governments
53 committee ....................................................... 9,500
54 Chairman of assembly agriculture committee ...................... 12,500
S. 6793--A 14
1 Ranking minority member of assembly agriculture committee ........ 9,000
2 Chairman of assembly economic development, job creation,
3 commerce and industry committee ................................ 18,000
4 Ranking minority member of assembly economic development,
5 job creation, commerce and industry committee .................. 11,000
6 Chairman of assembly environmental conservation committee ....... 12,500
7 Ranking minority member of assembly environmental
8 conservation committee .......................................... 9,000
9 Chairman of assembly corporations, authorities
10 and commissions committee ...................................... 15,000
11 Ranking minority member of assembly corporations,
12 authorities, and commissions committee .......................... 9,500
13 Chairman of assembly correction committee ....................... 12,500
14 Ranking minority member of assembly correction committee ......... 9,000
15 Chairman of assembly ethics and guidance committee .............. 12,500
16 Ranking minority member of assembly ethics and guidance
17 committee ....................................................... 9,000
18 Chairman of assembly governmental employees committee ........... 12,500
19 Ranking minority member of assembly governmental
20 employees committee ............................................. 9,000
21 Chairman of assembly governmental operations committee .......... 12,500
22 Ranking minority member of assembly governmental
23 operations committee ............................................ 9,000
24 Chairman of assembly housing committee .......................... 12,500
25 Ranking minority member of assembly housing committee ............ 9,000
26 Chairman of assembly insurance committee ........................ 12,500
27 Ranking minority member of assembly insurance committee .......... 9,000
28 Chairman of assembly labor committee ............................ 14,000
29 Ranking minority member of assembly labor committee .............. 9,000
30 Chairman of assembly racing and wagering committee .............. 12,500
31 Ranking minority member of assembly racing and wagering
32 committee ....................................................... 9,000
33 Chairman of assembly social services committee .................. 12,500
34 Ranking minority member of assembly social services
35 committee ....................................................... 9,000
36 Chairman of assembly small business committee ................... 12,500
37 Ranking minority member of assembly small business
38 committee ....................................................... 9,000
39 Chairman of assembly transportation committee ................... 15,000
40 Ranking minority member of assembly transportation
41 committee ....................................................... 9,500
42 Chairman of assembly veterans' affairs committee ................ 12,500
43 Ranking minority member of assembly veterans' affairs
44 committee ....................................................... 9,000
45 Chairman of assembly aging committee ............................ 12,500
46 Ranking minority member of assembly aging committee .............. 9,000
47 Chairman of the assembly alcoholism and drug abuse
48 committee ...................................................... 12,500
49 Ranking minority member of the assembly
50 alcoholism and drug abuse committee ............................. 9,000
51 Chairman of assembly committee on mental health[,
52 mental retardation and developmental disabilities] ............. 12,500
53 Ranking minority member of assembly committee on mental health[,
54 mental retardation and developmental disabilities] .............. 9,000
55 Chairman of assembly higher education committee ................. 12,500
56 Ranking minority member of assembly higher education
S. 6793--A 15
1 committee ....................................................... 9,000
2 Chairman of assembly real property taxation committee ........... 12,500
3 Ranking minority member of assembly real property
4 taxation committee .............................................. 9,000
5 Chairman of assembly election law committee ..................... 12,500
6 Ranking minority member of assembly election
7 law committee ................................................... 9,000
8 Chairman of assembly children and families committee ............ 12,500
9 Ranking minority member of assembly children
10 and families committee .......................................... 9,000
11 Chairman of assembly consumer affairs and protection
12 committee ...................................................... 12,500
13 Ranking minority member of assembly consumer affairs and
14 protection committee ............................................ 9,000
15 Chairman of the assembly energy committee ....................... 12,500
16 Ranking minority member of assembly energy committee ............. 9,000
17 Chairman of assembly tourism, parks, arts and sports development
18 committee ...................................................... 12,500
19 Ranking minority member of assembly tourism, parks, arts and
20 sports development committee .................................... 9,000
21 Chairman of assembly oversight, analysis and investigation
22 committee ...................................................... 12,500
23 Ranking minority member of assembly oversight,
24 analysis and investigation committee ............................ 9,000
25 Chairman of assembly office of state-federal relations .......... 12,500
26 Chairman of majority house operations ........................... 12,500
27 Chairman of minority house operations ............................ 9,000
28 Co-chairman of the administrative regulations review
29 commission ..................................................... 12,500
30 § 27. The closing paragraph of section 13.01 of the mental hygiene
31 law, as added by chapter 168 of the laws of 2010, is amended to read as
32 follows:
33 Any provisions of this article which explicitly or implicitly apply
34 to, or reference, persons who are [mentally retarded] intellectually
35 disabled, shall be deemed to apply to, or reference, persons with devel-
36 opmental disabilities.
37 § 28. The article heading of article 15 of title C of the mental
38 hygiene law, as renumbered by chapter 978 of the laws of 1977, is
39 amended to read as follows:
40 ADMISSION OF THE [MENTALLY RETARDED] INTELLECTUALLY
41 DISABLED TO SCHOOLS
42 § 29. The seventh undesignated paragraph of section 15.01 of the
43 mental hygiene law, as added by chapter 78 of the laws of 2000, is
44 amended to read as follows:
45 any provisions of this article which explicitly or implicitly apply
46 to, or reference, persons who are, or who are alleged to be, [mentally
47 retarded] intellectually disabled shall be deemed to apply to, or to be
48 a reference to, persons who are, or who are alleged to be, develop-
49 mentally disabled.
50 § 30. The closing paragraph of section 16.00 of the mental hygiene
51 law, as added by chapter 168 of the laws of 2010, is amended to read as
52 follows:
53 Any provisions of this article which explicitly or implicitly apply
54 to, or reference, persons who are [mentally retarded] intellectually
S. 6793--A 16
1 disabled, shall be deemed to apply to, or reference, persons with devel-
2 opmental disabilities.
3 § 31. Paragraphs 1 and 2 of subdivision (a) of section 41.17 of the
4 mental hygiene law, as amended by chapter 471 of the laws of 1980, are
5 amended to read as follows:
6 1. develop standards for admissions to all facilities for the care of
7 the mentally ill, [mentally retarded] intellectually disabled and devel-
8 opmentally disabled, and those suffering from the disease of alcoholism,
9 alcohol abuse, substance abuse or substance dependence consistent with
10 the requirements of articles nine[,] and fifteen [and twenty-one] of
11 this chapter taking into account characteristics of clients and provid-
12 ers;
13 2. develop standards for discharges from all facilities for the care
14 of the mentally ill, [mentally retarded] intellectually disabled and
15 developmentally disabled, and those suffering from the disease of alco-
16 holism, alcohol abuse, substance abuse or substance dependence taking
17 into account the availability and adequacy of community residential and
18 treatment services and the rights of the patient;
19 § 32. Paragraph (i) of subdivision (b) of section 41.18 of the mental
20 hygiene law, as amended by chapter 376 of the laws of 1991, is amended
21 to read as follows:
22 (i) Local governments shall be granted state aid, in accordance with
23 the provisions of this subdivision, for approved net operating costs
24 pursuant to an approved local services plan at the rate of fifty percent
25 of the amount incurred during the local fiscal year by such local
26 governments and by voluntary agencies pursuant to contract with such
27 local governments; provided, however, that a local government having a
28 population of less than two hundred thousand shall be granted state aid
29 at the rate of seventy-five percent for the first one hundred thousand
30 dollars of its approved net operating costs. Notwithstanding the forego-
31 ing, local governments shall be granted state aid of one hundred percent
32 of the net operating costs expended by such local governments and by
33 voluntary agencies pursuant to contract with such local governments for
34 services to [mentally retarded] intellectually disabled or develop-
35 mentally disabled persons who were patients in a state facility for a
36 continuous period of five or more years following the first day of Janu-
37 ary, nineteen hundred sixty-nine, provided that such services are
38 rendered in accordance with an approved local services plan. Such one
39 hundred percent state aid for services to such persons shall be also
40 provided to a voluntary agency pursuant to a direct contract between
41 such agency and an office of the department whenever such services
42 provided pursuant to such direct contract are rendered in accordance
43 with an approved local services plan for servicing such clients. For
44 purposes of determining whether a person has been a patient in such a
45 facility for a continuous period of five years or more, if a person who
46 has been discharged or released from such a facility is thereafter
47 returned to such a facility within ninety days of the discharge or
48 release, the period of time between such discharge or release and such
49 return shall not constitute an interruption of, and shall be counted as
50 part of, the continuous period.
51 § 33. Paragraph 1 of subdivision (a) and paragraphs 1 and 2 of subdi-
52 vision (c) of section 41.40 of the mental hygiene law, as added by chap-
53 ter 548 of the laws of 1982, are amended to read as follows:
54 1. "Respite" shall mean the provision of intermittent temporary
55 substitute care of [mentally retarded] intellectually disabled or devel-
56 opmentally disabled persons on behalf of and in the absence of the
S. 6793--A 17
1 parent or legal guardian of the [mentally retarded] intellectually disa-
2 bled or developmentally disabled person, for the purpose of providing
3 relief from the stresses of responsibilities concommitant with providing
4 continued care. Respite shall not exceed forty-two days in any calendar
5 year for any individual except where authorized by the commissioner,
6 subject to the approval of the director of the budget.
7 1. An analysis of the effectiveness of respite in promoting the
8 continuance of quality care for such [mentally retarded] intellectually
9 disabled and developmentally disabled persons.
10 2. A qualitative and quantitative analysis of respite services
11 rendered by providers herein, together with demographic analysis of the
12 families and [mentally retarded] intellectually disabled or develop-
13 mentally disabled persons participating in the project and the degree of
14 disability of participants.
15 § 34. The article heading of article 75 of the mental hygiene law is
16 amended to read as follows:
17 COMMUNITY MENTAL HEALTH SERVICES AND [MENTAL
18 RETARDATION] INTELLECTUAL DISABILITY
19 SERVICES COMPANIES
20 § 35. Subdivisions 1, 2 and 4 of section 75.05 of the mental hygiene
21 law, subdivision 4 as amended by chapter 570 of the laws 1982, is
22 amended to read as follows:
23 1. "Company", "community mental health services company" or "community
24 [mental retardation] intellectual disability services company". A compa-
25 ny, duly incorporated pursuant to the provisions of the not-for-profit
26 corporation law and this article, for the purpose of providing for the
27 care, treatment, training, education, and residence of the [mentally]
28 intellectually disabled, and such facilities as may be incidental or
29 appurtenant thereto.
30 2. "Project", "community mental health services project" or "community
31 [mental retardation] intellectual disability services project". A
32 specific work or improvement, including lands, buildings, improvements,
33 fixtures, and articles of personal property, constructed, acquired,
34 reconstructed, rehabilitated, managed, owned, or operated by a company
35 pursuant to this article, to provide community residential facilities
36 for operation as hostels for the [mentally] intellectually disabled or
37 for the care, treatment, training, education of the [mentally] intellec-
38 tually disabled, or both, including such facilities as may be incidental
39 or appurtenant thereto.
40 4. "Project cost", "community mental health services project cost" or
41 "community [mental retardation] intellectual disability services project
42 cost". The sum total of all costs incurred by a company as approved by
43 the commissioner as reasonable and necessary for carrying out all works
44 and undertakings and providing all necessary equipment for the develop-
45 ment of a project less any portion of any state, federal or municipal
46 assistance grant, as the commissioner shall, prior to the making of a
47 mortgage loan by the New York state housing finance agency to a company,
48 determine to be available to reimburse the company for the payment of
49 such project costs prior to the initial occupancy of the project, and
50 all costs relating to the refinancing of existing indebtedness associ-
51 ated with the development of the project which constitutes a lien or
52 other encumbrance upon the real property or assets of a company to be
53 mortgaged or otherwise pledged to the agency. These shall include but
54 are not necessarily limited to the carrying charges during construction
55 up to and including the occupancy date, working capital not exceeding
56 three per centum of the estimated total cost or three percentum of the
S. 6793--A 18
1 actual total final cost, whichever is larger, the cost of all necessary
2 studies, surveys, plans and specifications, architectural, engineering,
3 legal, or other special services, the cost of acquisition of land and
4 any improvements thereon, site preparation and development,
5 construction, reconstruction, rehabilitation, improvement and equipment,
6 including fixtures, equipment, and articles of personal property
7 required for the operation of care, treatment, training, educational,
8 and residential facilities, the reasonable cost of financing incurred by
9 the company in the course of the development of the project, up to and
10 including the occupancy date, the fees imposed by the commissioner and
11 by the New York state housing finance agency; other fees charged, and
12 necessary expenses incurred in connection with the initial occupancy of
13 the project, and the cost of such other items as the commissioner may
14 determine to be reasonable and necessary for the development of a
15 project, less any and all rents and other net revenues from the opera-
16 tion of the real property, improvements or personal property on the
17 project site, or any part thereof, by the company on and after the date
18 on which the contract between the company and the New York state housing
19 finance agency was entered into and prior to the occupancy date.
20 § 36. Subdivision 1 of section 2581 of the public health law, as
21 amended by chapter 231 of the laws of 2010, is amended to read as
22 follows:
23 1. "Children with physical disabilities" means any persons under twen-
24 ty-one years of age who are disabled by reason of a defect or disabili-
25 ty, whether congenital or acquired by accident, injury, or disease, or
26 who are suffering from long-term disease, including, but without limit-
27 ing the generality of the foregoing, chronic granulomatous, cystic
28 fibrosis, epidermolysis bullosa, muscular dystrophy, nephrosis, rheumat-
29 ic fever and rheumatic heart disease, blood dyscrasies, cancer, lymphat-
30 ic diseases, including, but not limited to: insufficiency of lymphatic
31 circulatory function (to include all forms of lymphedema, both primary
32 and secondary); lipedema; complex vascular diseases of the lymphatic
33 vasculature, including lymphangiomatosis, lymphangioleio-myomatosis,
34 lymphangiectasias, lymphangiomas, cystic hygromas, Gorham's disease,
35 lymphangiosarcoma, and complex vascular/lymphatic malformations and
36 syndromes, brain injured, and chronic asthma, or from any disease or
37 condition likely to result in a disability in the absence of treatment,
38 provided, however, no child shall be deprived of a service under the
39 provisions of this chapter solely because of the degree of [mental
40 retardation] intellectual disability.
41 § 37. The opening paragraph of subdivision 3 of section 2994-b of the
42 public health law, as amended by chapter 708 of the laws of 2019, is
43 amended to read as follows:
44 Prior to seeking or relying upon a health care decision by a surrogate
45 for a patient under this article, if the attending practitioner has
46 reason to believe that the patient has a history of receiving services
47 for [mental retardation] an intellectual disability or a developmental
48 disability; it reasonably appears to the attending practitioner that the
49 patient has [mental retardation] an intellectual disability or a devel-
50 opmental disability; or the practitioner has reason to believe that the
51 patient has been transferred from a mental hygiene facility operated or
52 licensed by the office of mental health, then such physician, nurse
53 practitioner or physician assistant shall make reasonable efforts to
54 determine whether paragraphs (a), (b) or (c) of this subdivision are
55 applicable:
S. 6793--A 19
1 § 38. The section heading and subdivision 1 of section 34 of the
2 public lands law, as amended by chapter 703 of the laws of 1994, are
3 amended to read as follows:
4 Transfer of unappropriated state lands for mental health, [mental
5 retardation] intellectual disability, park, recreation, playground,
6 reforestation, street or highway purposes. 1. Such commissioner of
7 general services may, from time to time, transfer and convey to a city,
8 incorporated village, town or county, in consideration of one dollar to
9 be paid to the state of New York, and on such terms and conditions as
10 such commissioner may impose, a part or all of any parcel or parcels of
11 unappropriated state lands upon certification that such parcel or
12 parcels are useful for local mental health facilities, [mental retarda-
13 tion] intellectual disability facilities, park, recreation, playground,
14 reforestation, street or highway purposes, and that they will be proper-
15 ly improved and maintained for one or more of such purposes and provided
16 that this disposition of such parcel or parcels is not otherwise prohib-
17 ited. Certification shall be evidenced by a formal request from the
18 board of estimate, common council, village board, town board or county
19 board of supervisors, setting forth in detail the parcel or parcels to
20 be released, transferred and conveyed and the availability and useful-
21 ness of such parcel or parcels for one or more of such purposes. In the
22 city of New York however, certification shall be evidenced by a formal
23 request from the mayor. In the event that lands transferred under the
24 provisions of this section are not properly improved and maintained for
25 one or more of the purposes contemplated by this section by the city,
26 village, town or county to which they were transferred, the title there-
27 to shall revert to the people of the state of New York, and the attor-
28 ney-general may institute an action in the supreme court for a judgment
29 declaring a revesting of such title in the state. Such commissioner may
30 also transfer any unappropriated state lands to the office of parks,
31 recreation and historic preservation or the department of environmental
32 conservation, upon the application of the commissioner thereof indicat-
33 ing that such unappropriated state lands are required for state park
34 purposes within the area of jurisdiction of such office or department.
35 § 39. Subdivision 8 of section 41 of the private housing finance law,
36 as amended by chapter 264 of the laws of 1970, is amended to read as
37 follows:
38 8. Prompt provision of new and improved community mental health and
39 [mental retardation] intellectual disability facilities is required for
40 the care and treatment of the increasing number of persons afflicted
41 with mental illness, mental deficiencies, epilepsy and behavior or
42 emotional disorders; that such facilities should be located close to the
43 people they serve in order to speed rehabilitation and restoration and
44 to provide for out-patient and in-patient care, including after care,
45 diagnostic and rehabilitative services and residential accommodations
46 for operation as hostels; that it is the policy of the state to promote
47 the provision of such community mental health and [mental retardation]
48 intellectual disability facilities; that there is a need for non-profit
49 corporations to construct low cost community mental health and [mental
50 retardation] intellectual disability facilities. In order to encourage
51 the investment of private capital in such community mental health and
52 [mental retardation] intellectual disability facilities, and to assure
53 the expeditious completion of such community mental health and [mental
54 retardation] intellectual disability facilities, the New York state
55 housing finance agency should be empowered, through the issuance of its
56 bonds, notes or other obligations to the private investing public, to
S. 6793--A 20
1 obtain funds necessary to make mortgage loans, at low interest rates, to
2 non-profit corporations for the construction, acquisition, recon-
3 struction, rehabilitation or improvement of such mental health and
4 [mental retardation] intellectual disability facilities.
5 § 40. Subdivisions 6-d, 14, and 14-a of section 42 of the private
6 housing finance law, subdivision 6-d as added by chapter 380 of the laws
7 of 1972, subdivision 14 as amended by chapter 281 of the laws of 1970,
8 and subdivision 14-a as added by chapter 570 of the laws of 1982, are
9 amended to read as follows:
10 6-d. "Mortgage loan" shall also mean a loan made by the agency to a
11 company incorporated pursuant to the provisions of [article eight-B of]
12 the mental hygiene law and the not-for-profit corporation law in an
13 amount not to exceed the total community mental health services project
14 cost or community [mental retardation] intellectual disability services
15 project cost, and secured by a first mortgage lien on the real property
16 of which the community mental health services project or community
17 [mental retardation] intellectual disability services project consists
18 and the personal property attached to or used in connection with the
19 construction, acquisition, reconstruction, rehabilitation, improvement
20 or operation of the community mental health services project or communi-
21 ty [mental retardation] intellectual disability services project.
22 "Community mental health services company," "community [mental retarda-
23 tion] intellectual disability services company," "community mental
24 health services project cost," "community [mental retardation] intellec-
25 tual disability services project cost," "community mental health
26 services project" and "community [mental retardation] intellectual disa-
27 bility services project" shall mean community mental health services
28 company, community [mental retardation] intellectual disability services
29 company, community mental health services project cost, community
30 [mental retardation] intellectual disability services project cost,
31 community mental health services project and community [mental retarda-
32 tion] intellectual disability services project, respectively, as defined
33 in [article eight-B of] the mental hygiene law.
34 14. "Community mental health services and [mental retardation] intel-
35 lectual disability services project bonds" and "community mental health
36 services and [mental retardation] intellectual disability services
37 project notes" shall mean bonds and notes, respectively, issued by the
38 agency for the purposes of making mortgage loans to companies incorpo-
39 rated pursuant to the not-for-profit corporation law and [article
40 eight-B of] the mental hygiene law, paying interest on such bonds and
41 notes, establishing reserves to secure such bonds and notes, and paying
42 of all other expenditures of the agency incident to and necessary or
43 convenient for the making of such mortgage loans.
44 14-a. "Community mental health services and [mental retardation]
45 intellectual disability services project revenue bonds" and "community
46 mental health services and [mental retardation] intellectual disability
47 services project revenue notes" shall mean bonds and notes, respective-
48 ly, issued by the agency for the purpose of making mortgage loans to
49 companies incorporated pursuant to the not-for-profit corporation law
50 and article seventy-five of the mental hygiene law, paying interest on
51 such bonds and notes, establishing reserves to secure such bonds and
52 notes, and paying of all other expenditures of the agency incident to
53 and necessary or convenient for the making of such mortgage loans.
54 § 41. Paragraphs (a) and (d) of subdivision 15 of section 44 of the
55 private housing finance law, as amended by chapter 195 of the laws of
56 1973, are amended to read as follows:
S. 6793--A 21
1 (a) Subject to the approval of the commissioner and to the provisions
2 of any contract with noteholders or bondholders, except with any holders
3 of hospital and nursing home project bonds or notes or youth facilities
4 project bonds or notes, or community mental health services and [mental
5 retardation] intellectual disability services project bonds or notes,
6 whenever it deems it necessary or desirable in the fulfillment of the
7 purposes of this article, to consent to the modification, with respect
8 to rate of interest, time of payment of any installment of principal or
9 interest, security, or any other term, of any mortgage, mortgage loan,
10 mortgage loan commitment, contract or agreement of any kind to which the
11 agency is a party, except such mortgages, mortgage loans, mortgage loan
12 commitments, contracts or agreements as may have been entered into with
13 hospital corporations which are eligible borrowers as defined in article
14 twenty-eight-B of the public health law, nursing home companies or non-
15 profit corporations which are eligible borrowers as defined in title
16 five-A of article six of the social services law or companies incorpo-
17 rated pursuant to the not-for-profit corporation law and article seven-
18 ty-five of the mental hygiene law;
19 (d) Subject to the provisions of any contract with holders of communi-
20 ty mental health services and [mental retardation] intellectual disabil-
21 ity services project bonds or notes, whenever it deems it necessary or
22 desirable in the fulfillment of the purposes of this article, to consent
23 to the modification, with respect to rate of interest, time of payment
24 of any installment of principal or interest, security, or any other term
25 of any mortgage, mortgage loan, mortgage loan commitment, contract or
26 agreement of any kind between the agency and a company incorporated
27 pursuant to the not-for-profit corporation law and article seventy-five
28 of the mental hygiene law.
29 § 42. Subdivisions 1 and 2 of section 47 of the private housing
30 finance law, as amended by chapter 215 of the laws of 1990, paragraph
31 (c) of subdivision 1 as amended by chapter 232 of the laws of 2021, are
32 amended to read as follows:
33 1. (a) The agency shall create and establish a special fund (herein
34 referred to as capital reserve fund), and shall pay into such capital
35 reserve fund (1) any monies appropriated and made available by the state
36 for the purposes of such fund, (2) any proceeds of sale of notes or
37 bonds other than state university construction notes or state university
38 construction bonds, equity notes or equity bonds, non-profit project
39 notes or non-profit project bonds, hospital and nursing home project
40 notes or hospital and nursing home project bonds, urban rental project
41 notes or urban rental project bonds, health facilities notes or health
42 facilities bonds, youth facilities project notes or youth facilities
43 project bonds, community mental health services and [mental retardation]
44 intellectual disability services project notes or community mental
45 health services and [mental retardation] intellectual disability
46 services project bonds, community senior citizens services project notes
47 or community senior citizens services project bonds, mental hygiene
48 improvement notes or mental hygiene improvement bonds and revenue hous-
49 ing bonds, and bonds and notes for the housing program to the extent
50 provided in the resolution of the agency authorizing the issuance there-
51 of, and (3) any other moneys which may be made available to the agency
52 for the purpose of such fund from any other source or sources. All
53 moneys held in the capital reserve fund, except as hereinafter provided,
54 shall be used solely for the payment of the principal of bonds of the
55 agency other than state university construction bonds, equity bonds,
56 non-profit project bonds, hospital and nursing home project bonds, urban
S. 6793--A 22
1 rental project bonds, health facilities bonds, youth facilities project
2 bonds, community mental health services and [mental retardation] intel-
3 lectual disability services project bonds, community senior citizens
4 services project bonds, mental hygiene improvement bonds and revenue
5 housing bonds, and bonds and notes for the housing program as the same
6 mature, required payments to any sinking fund established in a resol-
7 ution of the agency for the amortization of term bonds (hereinafter
8 referred to as "sinking fund payments"), the purchase or redemption of
9 bonds of the agency other than state university construction bonds,
10 equity bonds, non-profit project bonds, hospital and nursing home
11 project bonds, urban rental project bonds, health facilities bonds,
12 youth facilities project bonds, community mental health services and
13 [mental retardation] intellectual disability services project bonds,
14 community senior citizens services project bonds, mental hygiene
15 improvement bonds and revenue housing bonds, and bonds and notes for the
16 housing program the payment of interest on such bonds of the agency or
17 the payment of any redemption premium required to be paid when such
18 bonds are redeemed prior to maturity; provided, however, that monies in
19 such fund shall not be withdrawn therefrom at any time in such amount as
20 would reduce the amount of such fund to less than the maximum amount of
21 principal and interest maturing and becoming due and sinking fund
22 payments required to be made in any succeeding calendar year on all
23 bonds of the agency then outstanding other than state university
24 construction bonds, equity bonds, non-profit project bonds, hospital and
25 nursing home project bonds, urban rental project bonds, health facili-
26 ties bonds, youth facilities project bonds, community mental health
27 services and [mental retardation] intellectual disability services
28 project bonds, community senior citizens services project bonds, mental
29 hygiene improvement bonds and revenue housing bonds and bonds and notes
30 for the housing program, except for the purpose of paying principal of,
31 interest and sinking fund payments becoming due on such bonds of the
32 agency maturing and becoming due and for the payment of which other
33 moneys of the agency are not available. For the purposes of this subdi-
34 vision one, in computing the maximum amount of principal maturing at a
35 single future date (herein called "term bonds") in any succeeding calen-
36 dar year, the principal amount of any such term bonds which are subject
37 to mandatory redemption prior to such future date by sinking fund
38 payments shall not be included in the computation determining the maxi-
39 mum amount of principal maturing in said future year. Any income or
40 interest earned by, or increment to, the capital reserve fund due to the
41 investment thereof may be transferred by the agency to the general
42 reserve fund or other fund of the agency to the extent it does not
43 reduce the amount of the capital reserve fund below the maximum amount
44 of principal and interest maturing and becoming due and sinking fund
45 payments required to be made in any succeeding calendar year on all such
46 bonds of the agency then outstanding other than state university
47 construction bonds, equity bonds, non-profit project bonds, hospital and
48 nursing home project bonds, urban rental project bonds, health facili-
49 ties bonds, youth facilities project bonds, community mental health
50 services and [mental retardation] intellectual disability services
51 project bonds, community senior citizens services project bonds, mental
52 hygiene improvement bonds and revenue housing bonds and bonds and notes
53 for the housing program.
54 (b) The agency shall not issue bonds other than state university
55 construction bonds, equity bonds, non-profit project bonds, hospital and
56 nursing home project bonds, urban rental project bonds, health facili-
S. 6793--A 23
1 ties bonds, youth facilities project bonds, community mental health
2 services and [mental retardation] intellectual disability services
3 project bonds, community senior citizens services project bonds, mental
4 hygiene improvement bonds and revenue housing bonds and bonds and notes
5 for the housing program at any time secured by the capital reserve fund
6 if the maximum amount of principal and interest maturing and becoming
7 due and sinking fund payments required to be made in a succeeding calen-
8 dar year on such bonds then to be issued and on all other bonds of the
9 agency then outstanding other than state university construction bonds,
10 equity bonds, non-profit project bonds, hospital and nursing home
11 project bonds, urban rental project bonds, health facilities bonds,
12 youth facilities project bonds, community mental health services and
13 [mental retardation] intellectual disability services project bonds,
14 community senior citizens services project bonds, mental hygiene
15 improvement bonds and revenue housing bonds and bonds and notes for the
16 housing program will exceed the amount of the capital reserve fund at
17 the time of issuance unless the agency, at the time of issuance of such
18 bonds, shall deposit in such fund from the proceeds of the bonds so to
19 be issued, or otherwise, an amount which, together with the amount then
20 in such fund, will be not less than the maximum amount of principal and
21 interest maturing and becoming due and sinking fund payments required to
22 be made in any succeeding calendar year on such bonds then to be issued
23 and on all other bonds of the agency then outstanding other than state
24 university construction bonds, equity bonds, non-profit project bonds,
25 hospital and nursing home project bonds, urban rental project bonds,
26 health facilities bonds, youth facilities project bonds, community
27 mental health services and [mental retardation] intellectual disability
28 services project bonds, community senior citizens services project
29 bonds, mental hygiene improvement bonds and revenue housing bonds and
30 bonds and notes for the housing program.
31 (c) The agency shall not issue bonds and notes other than state
32 university construction bonds and state university construction notes,
33 hospital and nursing home project bonds and hospital and nursing home
34 project notes, health facilities bonds and health facilities notes,
35 youth facilities project bonds and youth facilities project notes,
36 community mental health services and [mental retardation] intellectual
37 disability services project bonds and community mental health services
38 and [mental retardation] intellectual disability services project notes,
39 community senior citizens services project notes or community senior
40 citizens services project bonds and mental hygiene improvement bonds and
41 mental hygiene improvement notes and bonds and notes for the housing
42 program for any of its corporate purposes in an aggregate principal
43 amount exceeding thirty-one billion two hundred eighty million dollars,
44 excluding bonds and notes issued to refund outstanding bonds and notes.
45 (d) To assure the continued operation and solvency of the agency for
46 the carrying out of the public purposes of this article, provision is
47 made in paragraph (a) of this subdivision for the accumulation in the
48 capital reserve fund of an amount equal to the maximum amount of princi-
49 pal and interest maturing and becoming due and sinking fund payments
50 required to be made in any succeeding calendar year on all bonds of the
51 agency then outstanding other than state university construction bonds,
52 equity bonds, non-profit project bonds, hospital and nursing home
53 project bonds, urban rental project bonds, health facilities bonds,
54 youth facilities project bonds, community mental health services and
55 [mental retardation] intellectual disability services project bonds,
56 community senior citizens services project bonds, mental hygiene
S. 6793--A 24
1 improvement bonds and revenue housing bonds and bonds and notes for the
2 housing program. In order further to assure such maintenance of the
3 capital reserve fund, there shall be annually apportioned and paid to
4 the agency for deposit in the capital reserve fund such sum, if any, as
5 shall be certified by the chairman of the agency to the governor and
6 director of the budget as necessary to restore the capital reserve fund
7 to an amount equal to the maximum amount of principal and interest
8 maturing and becoming due and sinking fund payments required to be made
9 in any succeeding calendar year on the bonds of the agency then
10 outstanding other than state university construction bonds, equity
11 bonds, non-profit project bonds, hospital and nursing home project
12 bonds, urban rental project bonds, health facilities bonds, youth facil-
13 ities project bonds, community mental health services and [mental retar-
14 dation] intellectual disability services project bonds, community senior
15 citizens services project bonds, mental hygiene improvement bonds and
16 revenue housing bonds and bonds and notes for the housing program. The
17 chairman of the agency shall annually, on or before December first, make
18 and deliver to the governor and director of the budget his certificate
19 stating the amount, if any, required to restore the capital reserve fund
20 to the amount aforesaid and the amount so stated, if any, shall be
21 apportioned and paid to the agency during the then current state fiscal
22 year. The principal amount of bonds secured by the capital reserve fund
23 to which state funds are apportionable pursuant to this paragraph shall
24 be limited to the total amount of bonds and notes outstanding on the
25 effective date of this act, plus the total amount of bonds and notes
26 contracted after the effective date of this act to finance projects in
27 progress on the effective date of this act as determined by the New York
28 state public authorities control board created pursuant to section fifty
29 of the public authorities law whose affirmative determination shall be
30 conclusive as to all matters of law and fact solely for the purposes of
31 the limitations contained in this paragraph, but in no event shall the
32 total amount of bonds so secured by such a capital reserve fund or funds
33 exceed three hundred thirty-eight million dollars, excluding bonds
34 issued to refund such outstanding bonds until the date of redemption of
35 such outstanding bonds. As outstanding bonds so secured are paid, the
36 amount so secured shall be reduced accordingly but the redemption of
37 such outstanding bonds from the proceeds of refunding bonds shall not
38 reduce the amount so secured.
39 (e) In computing the amount of the capital reserve fund for the
40 purposes of this section, securities in which all or a portion of such
41 fund shall be invested shall be valued at par or if purchased at less
42 than par, at their cost to the agency.
43 2. The agency shall create and establish a special fund (herein
44 referred to as general reserve fund) and shall pay into such fund all
45 fees and charges collected by the agency pursuant to paragraph (a) of
46 subdivision eleven of section forty-four of this article, or otherwise,
47 other than fees and charges collected in connection with the making of
48 mortgage loans (or commitments therefor) to mutual companies, non-profit
49 companies, urban rental companies or community development corporations,
50 and any monies which the agency shall transfer from the capital reserve
51 fund pursuant to the provisions of paragraph (a) of subdivision one of
52 this section. Such monies and any other monies paid into the general
53 reserve fund may, in the discretion of the agency but subject to agree-
54 ments with bondholders and noteholders, be used by the agency (a) for
55 the repayment of advances from the state in accordance with the
56 provisions of repayment agreements between the agency and the director
S. 6793--A 25
1 of the budget, (b) to reimburse the division of housing and community
2 renewal the reasonable costs of the services performed by the commis-
3 sioner of housing and community renewal and division of housing and
4 community renewal pursuant to section fifty-five of this article, (c) to
5 pay all costs, expenses and charges of financing, including fees and
6 expenses of trustees and paying agents, (d) for transfers to the capital
7 reserve fund, (e) for the payment of the principal of and interest on
8 bonds or notes other than state university construction bonds or state
9 university construction notes, equity bonds or equity notes, non-profit
10 project bonds or non-profit project notes, hospital and nursing home
11 project bonds or hospital and nursing home project notes, urban rental
12 project bonds or urban rental project notes, health facilities bonds or
13 health facilities notes, youth facilities project bonds or youth facili-
14 ties project notes, community mental health services and [mental retar-
15 dation] intellectual disability services project bonds or community
16 mental health services and [mental retardation] intellectual disability
17 services project notes, community senior citizens services project notes
18 or community senior citizens services project bonds, mental hygiene
19 improvement bonds or mental hygiene improvement notes and revenue hous-
20 ing bonds and bonds and notes for the housing program issued by the
21 agency when the same shall become due whether at maturity or on call for
22 redemption and for the payment of any redemption premium required to be
23 paid where such bonds or notes are redeemed prior to their stated matu-
24 rities, and to purchase bonds or notes other than state university
25 construction bonds or state university construction notes, equity bonds
26 or equity notes, non-profit project bonds or non-profit project notes,
27 hospital and nursing home project bonds or hospital and nursing home
28 project notes, urban rental project bonds or urban rental project notes,
29 health facilities bonds or health facilities notes, youth facilities
30 project bonds or youth facilities project notes, community mental health
31 services and [mental retardation] intellectual disability services
32 project bonds or community mental health services and [mental retarda-
33 tion] intellectual disability services project notes, community senior
34 citizens services project notes or community senior citizens services
35 project bonds, mental hygiene improvement bonds or mental hygiene
36 improvement notes and revenue housing bonds and bonds and notes for the
37 housing program issued by the agency, or (f) for such other corporate
38 purposes of the agency as the agency in its discretion shall determine
39 and provide.
40 § 43. Subdivisions 12 and 13 of section 47 of the private housing
41 finance law, subdivision 12 as added by chapter 1034 of the laws of 1969
42 and as renumbered by chapter 48 of the laws of 1970, paragraphs (a) and
43 (d) of subdivision 12 as amended by chapter 365 of the laws of 1973,
44 paragraphs (b) and (c) of subdivision 12 as amended by chapter 38 of the
45 laws of 1976, and subdivision 13 as amended by chapter 195 of the laws
46 of 1973, are amended to read as follows:
47 12. (a) The agency may create and establish a special fund to be known
48 as community mental health services and [mental retardation] intellectu-
49 al disability services capital reserve fund and may pay into such
50 reserve funds (1) any monies appropriated and made available by the
51 state for the purposes of such funds, (2) any proceeds of sale of commu-
52 nity mental health services and [mental retardation] intellectual disa-
53 bility services project notes or community mental health services and
54 [mental retardation] intellectual disability services project bonds, to
55 the extent provided in the resolution of the agency authorizing the
56 issuance thereof, and (3) any other monies which may be made available
S. 6793--A 26
1 to the agency for the purposes of such accounts from any other source or
2 sources. The monies held in or credited to the capital reserve fund
3 established under this subdivision except as hereinafter provided, shall
4 be used solely for the payment of principal of community mental health
5 services and [mental retardation] intellectual disability services
6 project bonds of the agency secured by such reserve fund, as the same
7 mature, the purchase of such community mental health services and
8 [mental retardation] intellectual disability services project bonds of
9 the agency, the payment of interest on such community mental health
10 services and [mental retardation] intellectual disability services
11 project bonds of the agency, or the payment of any redemption premium
12 required to be paid when such bonds are redeemed prior to maturity;
13 provided, however, that monies in any such fund shall not be withdrawn
14 therefrom at any time in such amount as would reduce the amount of such
15 fund to less than the maximum amount of principal and interest maturing
16 and becoming due in any succeeding calendar year on the community mental
17 health services and [mental retardation] intellectual disability
18 services project bonds of the agency then outstanding and secured by
19 such reserve fund, except for the purpose of paying principal and inter-
20 est on community mental health services and [mental retardation] intel-
21 lectual disability services project bonds of the agency secured by such
22 reserve fund maturing and becoming due and for the payment of which
23 other monies of the agency are not available. Any income or interest
24 earned by, or increment to, any such community mental health services
25 and [mental retardation] intellectual disability services capital
26 reserve fund due to the investment thereof may be transferred to the
27 community mental health services and [mental retardation] intellectual
28 disability services general reserve fund or other fund of the agency, to
29 the extent it does not reduce the amount of such community mental health
30 services and [mental retardation] intellectual disability services capi-
31 tal reserve fund below the maximum amount of principal and interest
32 maturing and becoming due in any succeeding calendar year on all commu-
33 nity mental health services and [mental retardation] intellectual disa-
34 bility services project bonds of the agency then outstanding and secured
35 by such reserve fund.
36 (b) The agency shall not issue community mental health services and
37 [mental retardation] intellectual disability services project bonds and
38 notes in an aggregate principal amount exceeding one hundred million
39 dollars excluding community mental health services and [mental retarda-
40 tion] intellectual disability services project bonds and community
41 mental health services and [mental retardation] intellectual disability
42 services project notes issued to refund outstanding community mental
43 health services and [mental retardation] intellectual disability
44 services project bonds and community mental health services and [mental
45 retardation] intellectual disability services project notes, nor shall
46 it issue community mental health services and [mental retardation]
47 intellectual disability services project bonds at any time secured by
48 the community mental health services and [mental retardation] intellec-
49 tual disability services capital reserve fund if the maximum amount of
50 principal and interest maturing and becoming due in a succeeding calen-
51 dar year on the community mental health services and [mental retarda-
52 tion] intellectual disability services project bonds outstanding and
53 then to be issued and secured by the community mental health services
54 and [mental retardation] intellectual disability services capital
55 reserve fund will exceed the amount of such reserve fund at the time of
56 issuance, unless the agency, at the time of issuance of such bonds,
S. 6793--A 27
1 shall deposit in such reserve fund from the proceeds of the bonds so to
2 be issued, or otherwise, an amount which together with the amount then
3 in such reserve fund, will be not less than the maximum amount of prin-
4 cipal and interest maturing and becoming due in any succeeding calendar
5 year on the community mental health services and [mental retardation]
6 intellectual disability services project bonds then to be issued and on
7 all other community mental health services and [mental retardation]
8 intellectual disability services project bonds of the agency then
9 outstanding and secured by such reserve fund.
10 (c) To assure the continued operation and solvency of the agency for
11 the carrying out of the public purposes of this article provision is
12 made in paragraph (a) of this subdivision for the accumulation in the
13 community mental health services and [mental retardation] intellectual
14 disability services capital reserve fund of an amount equal to the maxi-
15 mum amount of principal and interest maturing and becoming due in any
16 succeeding calendar year on all community mental health services and
17 [mental retardation] intellectual disability services project bonds of
18 the agency then outstanding and secured by such reserve fund. In order
19 further to assure the maintenance of such community mental health
20 services and [mental retardation] intellectual disability services capi-
21 tal reserve fund, there shall be annually apportioned and paid to the
22 agency for deposit in such community mental health services and [mental
23 retardation] intellectual disability services capital reserve fund such
24 sum, if any, as shall be certified by the chairman of the agency to the
25 governor and director of the budget as necessary to restore such reserve
26 fund to an amount equal to the maximum amount of principal and interest
27 maturing and becoming due in any succeeding calendar year on the commu-
28 nity mental health services and [mental retardation] intellectual disa-
29 bility services project bonds of the agency then outstanding and secured
30 by such reserve fund. The chairman of the agency shall annually, on or
31 before December first, make and deliver to the governor and director of
32 the budget his certificate stating the sums, if any, required to restore
33 such community mental health services and [mental retardation] intellec-
34 tual disability services capital reserve fund to the amount aforesaid,
35 and the sums so certified, if any, shall be apportioned and paid to the
36 agency during the then current state fiscal year. The principal amount
37 of bonds secured by the community mental health services and [mental
38 retardation] intellectual disability services capital reserve fund to
39 which state funds are apportionable pursuant to this paragraph shall be
40 limited to the total amount of bonds and notes outstanding on the effec-
41 tive date of this act, plus the total amount of bonds and notes
42 contracted after the effective date of this act to finance projects in
43 progress on the effective date of this act as determined by the New York
44 state public authorities control board created pursuant to section fifty
45 of the public authorities law whose affirmative determination shall be
46 conclusive as to all matters of law and fact solely for the purposes of
47 the limitations contained in this paragraph, but in no event shall the
48 total amount of bonds so secured by such a capital reserve fund or funds
49 exceed thirteen million dollars, excluding bonds issued to refund such
50 outstanding bonds until the date of redemption of such outstanding
51 bonds. As outstanding bonds so secured are paid, the amount so secured
52 shall be reduced accordingly but the redemption of such outstanding
53 bonds from the proceeds of refunding bonds shall not reduce the amount
54 so secured.
55 (d) In computing any community mental health services and [mental
56 retardation] intellectual disability services capital reserve fund for
S. 6793--A 28
1 the purposes of this section, securities in which all or a portion of
2 such reserve fund shall be invested shall be valued at par if purchased
3 at par, or if purchased at other than par, at amortized value.
4 13. The agency shall create and establish a special fund (herein
5 referred to as community mental health services and [mental retardation]
6 intellectual disability services general reserve fund) and shall pay
7 into such fund all fees and charges collected by the agency pursuant to
8 paragraph (c) of subdivision eleven of section forty-four of this arti-
9 cle and any monies which the agency shall transfer from the community
10 mental health services and [mental retardation] intellectual disability
11 services capital reserve fund pursuant to the provisions of paragraph
12 (a) of subdivision ten of this section. Such monies and any other monies
13 paid into the community mental health services and [mental retardation]
14 intellectual disability services general reserve fund may, in the
15 discretion of the agency, but subject to agreements with bondholders and
16 noteholders, be used by the agency (a) for the repayment of advances
17 from the state in accordance with the provisions of repayment agreements
18 between the agency and the director of the budget, (b) to reimburse the
19 department of mental hygiene the reasonable costs of the services
20 performed by the commissioner of mental hygiene and the department of
21 mental hygiene pursuant to subdivision four of section fifty-five of
22 this article, including the reasonable costs of such services performed
23 by the health and mental hygiene facilities improvement corporation upon
24 request by the commissioner of mental hygiene pursuant to the provisions
25 of section 75.25 of the mental hygiene law, (c) to pay all costs,
26 expenses and charges of financing, including fees and expenses of trus-
27 tees and paying agents, (d) for transfers to the community mental health
28 services and [mental retardation] intellectual disability services capi-
29 tal reserve fund, (e) for the payment of principal of and interest on
30 community mental health services and [mental retardation] intellectual
31 disability services project bonds and notes issued by the agency when
32 the same shall become due whether at maturity or on call for redemption
33 and for the payment of any redemption premium required to be paid where
34 such community mental health services and [mental retardation] intellec-
35 tual disability services project bonds and notes are redeemed prior to
36 their stated maturities and to purchase community mental health services
37 and [mental retardation] intellectual disability services project bonds
38 or notes issued by the agency, or (f) for such other corporate purposes
39 of the agency as the agency in its discretion shall determine and
40 provide.
41 § 44. Subdivision 16 of section 47 of the private housing finance law,
42 as added by chapter 570 of the laws of 1982, is amended to read as
43 follows:
44 16. (a) The agency may create and establish one or more special funds
45 to be known as community mental health services and [mental retardation]
46 intellectual disability services capital reserve funds and may pay into
47 such reserve funds (1) any monies appropriated and made available by the
48 state for the purposes of such funds, (2) any proceeds of the sale of
49 community mental health services and [mental retardation] intellectual
50 disability services project revenue bonds or notes, to the extent
51 provided in the resolution of the agency authorizing the issuance there-
52 of, and (3) any other monies which may be made available to the agency
53 for the purposes of such fund or funds from any other source or sources.
54 The monies held in or credited to a capital reserve fund established
55 under this subdivision, except as hereinafter provided and as provided
56 in agreements with bondholders and noteholders, shall be used solely for
S. 6793--A 29
1 the payment of principal of community mental health services and [mental
2 retardation] intellectual disability services project revenue bonds of
3 the agency secured by such reserve fund, as the same mature, required
4 payments to any sinking fund established in a resolution of the agency
5 for the amortization of term bonds (hereinafter referred to as "sinking
6 fund payments"), the purchase of such revenue bonds of the agency, the
7 payment of interest on such revenue bonds of the agency, or the payment
8 of any redemption premium required to be paid when such bonds are
9 redeemed prior to maturity. Any income or interest earned by, or incre-
10 ment to, any such community mental health services and [mental retarda-
11 tion] intellectual disability services capital reserve fund due to the
12 investment thereof may be transferred to the agency, subject to agree-
13 ments with bondholders and noteholders.
14 (b) In computing any community mental health services and [mental
15 retardation] intellectual disability services capital reserve fund for
16 the purposes of this section, securities in which all or a portion of
17 such reserve fund shall be invested shall be valued at par if purchased
18 at par, or if purchased at other than par, at the amortized value.
19 (c) The agency shall create and establish one or more special funds
20 (herein referred to as community mental health services and [mental
21 retardation] intellectual disability services general reserve funds) and
22 shall to the extent provided in the applicable bond resolution of the
23 agency authorizing the issuance of community mental services and [mental
24 retardation] intellectual disability services project revenue bonds, pay
25 into any such fund the fees and charges collected by the agency pursuant
26 to paragraph (d) of subdivision eleven of section forty-four of this
27 article and any monies which the agency shall transfer from a community
28 mental health services and [mental retardation] intellectual disability
29 services capital reserve fund pursuant to the provisions of paragraph
30 (a) of this subdivision. Such monies and any other monies paid into a
31 community mental health services and [mental retardation] intellectual
32 disability service general reserve fund may, in the discretion of the
33 agency, but subject to agreements with bondholders and noteholders, be
34 used by the agency (i) for the repayment of advances from the state in
35 accordance with the provisions of repayment agreements between the agen-
36 cy and the director of the budget, (ii) to reimburse the department of
37 mental hygiene the reasonable costs of the services performed by the
38 commissioner of mental hygiene and the department of mental hygiene
39 pursuant to subdivision five of section fifty-five of this article,
40 including the reasonable costs of such services performed by the facili-
41 ties development corporation upon request by the commissioner of mental
42 hygiene pursuant to the provisions of section 75.25 of the mental
43 hygiene law, (iii) to pay all costs, expenses and charges of financing,
44 including fees and expenses of trustees and paying agents, (iv) for
45 transfers to a community mental health services and [mental retardation]
46 intellectual disability services capital reserve fund, (v) for the
47 payment of principal of and interest on community mental health services
48 and [mental retardation] intellectual disability services project reven-
49 ue bonds and notes issued by the agency when the same shall become due
50 whether at maturity or on call for redemption and for the payment of any
51 redemption premium required to be paid where such community mental
52 health services and [mental retardation] intellectual disability
53 services project revenue bonds and notes are redeemed prior to their
54 stated maturities and to purchase community mental health services and
55 [mental retardation] intellectual disability services revenue bonds or
S. 6793--A 30
1 notes issued by the agency, or (vi) for such other corporate purposes of
2 the agency as the agency in its discretion shall determine and provide.
3 § 45. Paragraphs a and b of subdivision 1 of section 47-b of the
4 private housing finance law, as amended by chapter 471 of the laws of
5 1980, is amended to read as follows:
6 a. "Community mental health and [retardation] intellectual disability
7 facility" shall mean a building, a unit within a building, a laboratory,
8 a classroom, a housing unit, a dining hall, an activities center, a
9 library, or any structure on or improvement to real property of any kind
10 or description, including fixtures and equipment which are an integral
11 part of such building, unit or structure or improvement, a walkway, a
12 roadway or a parking lot and improvements and connections for water,
13 sewer, gas, electrical, telephone, heating, air conditioning and other
14 utility services, or a combination of any of the foregoing, whether for
15 patient care and treatment or staff, staff family or service use,
16 located in a city, or in a county not wholly included within a city,
17 authorized to provide community mental health services in accordance
18 with the provisions of article forty-one of the mental hygiene law,
19 which is utilized or to be utilized for the administration and conduct
20 of programs for the mentally ill or the [mentally retarded] intellectu-
21 ally disabled, or both, and for the provision of services therefor. A
22 community mental health and [retardation] intellectual disability facil-
23 ity shall also mean and include a residential facility to be operated as
24 a community residence for the [mentally] intellectually disabled, and a
25 treatment facility for use in the conduct of an alcoholism treatment
26 program or of a substance abuse treatment program as defined in the
27 mental hygiene law.
28 b. "Mental hygiene facility" shall mean a building, a unit within a
29 building, a laboratory, a classroom, a housing unit, a dining hall, an
30 activities center, a library, or any structure on or improvement to real
31 property of any kind or description, including fixtures and equipment
32 which are an integral part of any such building, unit, structure or
33 improvement, a walkway, a roadway or a parking lot, and improvements and
34 connections for water, sewer, gas, electrical, telephone, heating, air
35 conditioning and other utility services, or a combination of any of the
36 foregoing, whether for patient care and treatment or staff, staff family
37 or service use, located at or related to any state hospital, any state
38 school, or any state psychiatric or research institute now or hereafter
39 established under the professional jurisdiction, supervision and control
40 of the state department of mental hygiene. A mental hygiene facility
41 shall mean and include a "community mental health and [retardation]
42 intellectual disability facility", unless such facility is expressly
43 excepted or the context clearly requires otherwise, and shall also mean
44 and include a treatment facility for use in the conduct of an alcoholism
45 or substance abuse treatment program as defined in the mental hygiene
46 law, unless such facility is expressly excepted or the context clearly
47 requires otherwise. The definition contained in this subdivision shall
48 not be construed to exclude therefrom a facility to be made available
49 under license or permit from the health and mental hygiene facilities
50 improvement corporation to a voluntary agency at the request of the
51 commissioners of the offices of the department of mental hygiene having
52 jurisdiction thereof for use in providing community mental health and
53 [retardation] intellectual disability services, or for use in the
54 conduct of an alcoholism or substance abuse treatment program.
55 § 46. Paragraphs a and b of subdivision 7 of section 47-c of the
56 private housing finance law, paragraph a as amended by chapter 607 of
S. 6793--A 31
1 the laws of 1970 and paragraph b as amended by chapter 433 of the laws
2 of 1968, are amended to read as follows:
3 a. The agency shall have the power to acquire by lease or deed from
4 the health and mental hygiene facilities improvement corporation any
5 real property acquired by the corporation pursuant to the provisions of
6 subdivision six of section nine of the health and mental hygiene facili-
7 ties improvement act (i) for the purpose of constructing, reconstruct-
8 ing, rehabilitating or improving thereon one or more community mental
9 health and [retardation] intellectual disability facilities or (ii) for
10 the purpose of financing the acquisition, construction, reconstruction,
11 rehabilitation or improvement thereon of one or more community mental
12 health and [retardation] intellectual disability facilities, pursuant to
13 the provisions of this article and the health and mental hygiene facili-
14 ties improvement act. The agency is hereby authorized to lease or
15 sublease such real property and facilities thereon to the corporation
16 for the purpose of making the same available to a city or a county not
17 wholly within a city, for use and occupancy in accordance with the
18 provisions of a lease, sublease or other agreement between the corpo-
19 ration and such city or county.
20 b. In the event that the agency shall fail, within five years after
21 the date of a lease or conveyance of such real property from such city
22 or county to the corporation, to construct, reconstruct, rehabilitate or
23 improve the community mental health and [retardation] intellectual disa-
24 bility facility or [facility] facilities thereon for which such lease or
25 conveyance was made, as provided for in a lease, sublease or other
26 agreement entered into by such city or county and the corporation, then,
27 subject to the terms of any lease, sublease or other agreement undertak-
28 en by the agency, such real property and any facilities thereon shall
29 revert to the corporation with right of re-entry thereupon, and such
30 lease or deed shall be made subject to such condition of reverter and
31 re-entry; provided, however, that as a condition precedent to the exer-
32 cise of such right of re-entry the corporation shall pay to the agency
33 an amount equal to the sum of the purchase price of such real property,
34 the depreciated cost of any community mental health and [retardation]
35 intellectual disability facility or facilities constructed, recon-
36 structed, rehabilitated or improved thereon and all other costs of the
37 agency incident to the acquisition of such lands and the financing of
38 construction, reconstruction, rehabilitation or improvement relating to
39 such community mental health and [retardation] intellectual disability
40 facility or facilities, all as provided in the aforesaid lease, sublease
41 or other agreement entered into with the corporation.
42 § 47. Subdivision 5 of section 55 of the private housing finance law,
43 as amended by chapter 195 of the laws of 1973, is amended to read as
44 follows:
45 5. The state commissioner of mental hygiene and the state department
46 of mental hygiene are hereby designated to act for and in behalf of the
47 agency in servicing the community mental health services and [mental
48 retardation] intellectual disability services companies mortgage loans
49 of the agency and shall perform such functions and services in
50 connection with the making, servicing and collection of such loans as
51 shall be requested by the agency. The agency shall pay to the department
52 of mental hygiene from any monies of the agency available for such
53 purpose, such amounts as are necessary to reimburse the department of
54 mental hygiene for the reasonable cost of the services performed by the
55 commissioner of mental hygiene and department of mental hygiene pursuant
56 to this section, including such amounts as are necessary to reimburse
S. 6793--A 32
1 the health and mental hygiene facilities improvement corporation for the
2 reasonable cost of such services performed by the health and mental
3 hygiene facilities improvement corporation upon request by the commis-
4 sioner of mental hygiene pursuant to the provisions of section 75.25 of
5 the mental hygiene law.
6 § 48. Paragraph c of subdivision 1 of section 1515 of the real proper-
7 ty actions and proceedings law, as amended by chapter 550 of the laws of
8 1978, is amended to read as follows:
9 c. Whether any defendant is known or unknown, and whether any defend-
10 ant is or might be an infant, [mentally retarded] intellectually disa-
11 bled, mentally ill or an alcohol abuser.
12 § 49. Section 11 of the real property law, as amended by chapter 550
13 of the laws of 1978, is amended to read as follows:
14 § 11. Capacity to transfer real property. A person other than a minor,
15 [a mentally retarded] an intellectually disabled person, or person of
16 unsound mind, seized of or entitled to an estate or interest in real
17 property, may transfer such estate or interest.
18 § 50. Paragraph (a) of subdivision 1 of section 422 of the real prop-
19 erty tax law, as amended by chapter 409 of the laws of 1993, is amended
20 to read as follows:
21 (a) Real property owned by a not-for-profit corporation organized
22 pursuant to the not-for-profit corporation law and the provisions of
23 article two of the private housing finance law, used exclusively to
24 provide housing and auxiliary facilities for faculty members, students,
25 employees, nurses, interns, resident physicians, researchers and other
26 personnel and their immediate families in attendance or employed at
27 colleges, universities, educational institutions, child care insti-
28 tutions, hospitals and medical research institutes, or for handicapped
29 or aged persons of low income, or owned by non-profit nursing home
30 companies organized pursuant to the not-for-profit corporation law and
31 the provisions of article twenty-eight-A of the public health law, used
32 exclusively to provide facilities for nursing care to sick, invalid,
33 infirm, disabled or convalescent persons of low income, or to provide
34 health-related service as defined in article twenty-eight of the public
35 health law to persons of low income, or any combination of the forego-
36 ing, and in addition thereto, to provide nursing care and health-related
37 service, or either of them, to persons of low income who are not occu-
38 pants of the project, or owned by housing development fund companies
39 organized pursuant to the not-for-profit corporation law and article
40 eleven of the private housing finance law, used exclusively to provide
41 housing for handicapped or aged persons of low income, and financed by a
42 federally-aided mortgage as defined in said article eleven, or owned by
43 companies organized pursuant to the not-for-profit corporation law and
44 the provisions of article seventy-five of the mental hygiene law, used
45 exclusively to provide care, treatment, training, education and residen-
46 tial accommodations for operation as hostels for the mentally ill or
47 [mentally retarded] intellectually disabled, or owned by companies
48 organized pursuant to the membership corporations law and the provisions
49 of article seven-A of the private housing finance law, used exclusively
50 to provide programs, services and other facilities for the aging, shall
51 be exempt from taxation and exempt from special ad valorem levies and
52 special assessments to the extent provided in section four hundred nine-
53 ty of this chapter, provided, however, that in a city having a popu-
54 lation of one million or more real property owned by any such corpo-
55 ration which is to provide housing accommodations, substantially all of
56 which are or are to be assisted by rent subsidies made or to be made
S. 6793--A 33
1 available by the Federal government pursuant to a contract under section
2 eight of the United States Housing Act of nineteen hundred thirty-seven,
3 as amended, or pursuant to a project rental assistance contract under
4 section two hundred two of the United States Housing Act of nineteen
5 hundred fifty-nine, as amended, or pursuant to a project rental assist-
6 ance contract under section eight hundred eleven of the National Afford-
7 able Housing Act of nineteen hundred ninety, as amended, shall from and
8 after the commencement of construction be subject to taxation or exempt
9 therefrom to the extent approved by a municipality acting through its
10 local legislative body, as such local legislative body is defined in
11 [paragraph] subdivision twelve of section two of the private housing
12 finance law. No such corporation or company shall pay a dividend on any
13 of its stock or pay interest on any of its debentures. Provided further,
14 however, in a county having a population of one million or more and
15 having not more than three towns within such county, real property owned
16 by housing development fund companies organized pursuant to the not-for-
17 profit corporation law and article eleven of the private housing finance
18 law, used exclusively to provide housing for handicapped or aged persons
19 of low income, and financed by a federally-aided mortgage as defined in
20 said article eleven shall from and after the commencement of
21 construction be subject to taxation or exempt therefrom to the extent
22 approved by a municipality acting through its local legislative body, as
23 such local legislative body is defined in [paragraph] subdivision twelve
24 of section two of the private housing finance law. Any tax payments
25 and/or payments in lieu of taxes made to a municipality pursuant to the
26 preceding sentence shall not be passed through nor become the liability
27 of any of the occupants of such property.
28 § 51. Subdivision 1 of section 210 of the social services law, as
29 amended by chapter 515 of the laws of 2006, is amended to read as
30 follows:
31 1. Any inconsistent provisions of this title or any other law notwith-
32 standing, but subject to the provisions of subdivisions two and three of
33 this section, an individual who is deemed to have met the eligibility
34 criteria for additional state payments pursuant to paragraph (c) of
35 subdivision one of section two hundred nine of this title, shall be
36 entitled to receive for each month after December, nineteen hundred
37 seventy-three an additional state payment in an amount which, when added
38 to the supplemental security income benefit and other countable income,
39 is equal to such individual's December, nineteen hundred seventy-three
40 cash grant of assistance under the state's program of old age assist-
41 ance, assistance to the blind, aid to the disabled or the combined
42 program of aid to aged, blind and disabled persons, plus income not
43 excluded under such state program, plus an amount equal to the January,
44 nineteen hundred seventy-two bonus value of food stamps as determined in
45 accordance with the regulations of the office of temporary and disabili-
46 ty assistance plus, for any month after June, nineteen hundred seventy-
47 five, an amount reflecting the federal supplemental security increases
48 resulting from July first, nineteen hundred seventy-five cost of living
49 increases in such benefits, plus for any month after June, nineteen
50 hundred eighty-two, an amount equal to the July first, nineteen hundred
51 eighty-two federal supplemental security income cost of living adjust-
52 ment, providing such individual was eligible to receive a mandatory
53 state supplement for the month of December, nineteen hundred eighty-one,
54 plus for any month after June, nineteen hundred eighty-three, an amount
55 equal to $17.70 for individuals, $26.55 for couples who are living alone
56 or living with others and $35.40 for couples receiving family care,
S. 6793--A 34
1 residential care or care in schools for the [mentally retarded] intel-
2 lectually disabled, plus for any month after December, nineteen hundred
3 eighty-three, an amount equal to $9.70 for individuals, $15.60 for
4 couples who are living alone or living with others and $19.40 for
5 couples receiving family care, residential care or care in schools for
6 the [mentally retarded] intellectually disabled, plus for any month
7 after December, nineteen hundred eighty-four, an amount equal to $11.00
8 for individuals, $16.00 for couples who are living alone or living with
9 others and $22.00 for couples receiving family care, residential care or
10 care in schools for the [mentally retarded] intellectually disabled,
11 plus for any month after December, nineteen hundred eighty-five, an
12 amount equal to $11.00 for individuals, $16.00 for couples who are
13 living alone or living with others and $22.00 for couples receiving
14 family care, residential care or care in schools for the [mentally
15 retarded] intellectually disabled, plus for any month after December,
16 nineteen hundred eighty-six an amount equal to $4.00 for individuals,
17 $6.00 for couples who are living alone or living with others and $8.00
18 for couples receiving family care, residential care or care in schools
19 for the [mentally retarded] intellectually disabled, plus for any month
20 after December, nineteen hundred eighty-seven an amount equal to $14.00
21 for individuals, $22.00 for couples who are living alone or living with
22 others and $28.00 for couples receiving family care, residential care or
23 care in schools for the [mentally retarded] intellectually disabled,
24 plus for any month after December, nineteen hundred eighty-eight an
25 amount equal to $14.00 for individuals, $21.00 for couples who are
26 living alone or living with others and $28.00 for couples receiving
27 family care, residential care or care in schools for the [mentally
28 retarded] intellectually disabled, plus for any other month after Decem-
29 ber, nineteen hundred eighty-nine an amount equal to $18.00 for individ-
30 uals, $27.00 for couples who are living alone or living with others and
31 $36.00 for couples receiving family care, residential care or care in
32 schools for the [mentally retarded] intellectually disabled, plus for
33 any month after December, nineteen hundred ninety an amount equal to
34 $21.00 for individuals, $31.00 for couples who are living alone or
35 living with others and $42.00 for couples receiving family care, resi-
36 dential care or care in schools for the [mentally retarded] intellectu-
37 ally disabled, plus for any month after December, nineteen hundred nine-
38 ty-one an amount equal to $15.00 for individuals, $23.00 for couples who
39 are living alone or living with others and $30.00 for couples receiving
40 family care, residential care or care in schools for the [mentally
41 retarded] intellectually disabled, plus for any month after December,
42 nineteen hundred ninety-two, an amount equal to $12.00 for individuals,
43 $19.00 for couples who are living alone or living with others and $24.00
44 for couples receiving family care, residential care or care in schools
45 for the [mentally retarded] intellectually disabled plus for any month
46 after December, nineteen hundred ninety-three an amount equal to $12.00
47 for individuals, $17.00 for couples who are living alone or living with
48 others and $24.00 for couples receiving family care, residential care or
49 care in schools for the [mentally retarded] intellectually disabled plus
50 for any month after December, nineteen hundred ninety-four an amount
51 equal to $12.00 for individuals, $18.00 for couples who are living alone
52 or living with others and $24.00 for couples receiving family care,
53 residential care or care in schools for the [mentally retarded] intel-
54 lectually disabled, plus for any month after December, nineteen hundred
55 ninety-five an amount equal to $12.00 for individuals, $18.00 for
56 couples who are living alone or living with others and $24.00 for
S. 6793--A 35
1 couples receiving family care, residential care or care in schools for
2 the [mentally retarded] intellectually disabled, plus for any month
3 after December, nineteen hundred ninety-six, an amount equal to $14.00
4 for individuals and $21.00 for couples plus for any month after Decem-
5 ber, nineteen hundred ninety-seven an amount equal to $10.00 for indi-
6 viduals and $15.00 for couples plus for any month after December, nine-
7 teen hundred ninety-eight an amount equal to $6.00 for individuals and
8 $11.00 for couples plus for any month after December, nineteen hundred
9 ninety-nine an amount equal to $13.00 for individuals and $18.00 for
10 couples plus for any month after December, two thousand an amount equal
11 to $18.00 for individuals and $27.00 for couples plus for any month
12 after December, two thousand one an amount equal to $15.00 for individ-
13 uals and $21.00 for couples plus for any month after December, two thou-
14 sand two an amount equal to $7.00 for individuals and $12.00 for couples
15 plus for any month after December, two thousand three an amount equal to
16 $12.00 for individuals and $17.00 for couples plus for any month after
17 December, two thousand four an amount equal to $15.00 for individuals
18 and $23.00 for couples plus for any month after December, two thousand
19 five an amount equal to $24.00 for individuals and $35.00 for couples
20 plus for any month after December, two thousand six an amount equal to
21 the amount of any increases in federal supplemental security income
22 benefits for individuals or couples pursuant to section 1617 of the
23 Social Security Act (42 USC § 1382f) which become effective on or after
24 January first, two thousand seven.
25 § 52. Paragraph (k) of subdivision 1 of section 364-j of the social
26 services law, as amended by chapter 649 of the laws of 1996, is amended
27 to read as follows:
28 (k) "Special care". Care, services and supplies relating to the treat-
29 ment of mental illness, [mental retardation] intellectual disability,
30 developmental disabilities, alcoholism, alcohol abuse or substance
31 abuse, or HIV infection/AIDS.
32 § 53. Subdivision 4 of section 365-g of the social services law, as
33 amended by section 31 of part C of chapter 58 of the laws of 2008, is
34 amended to read as follows:
35 4. The utilization thresholds established pursuant to this section
36 shall not apply to [mental retardation] intellectually disabled and
37 developmental disabilities services provided in clinics certified under
38 article twenty-eight of the public health law, or article twenty-two or
39 article thirty-one of the mental hygiene law.
40 § 54. Subdivision 3 of section 365-g of the social services law, as
41 amended by section 1 of part W of chapter 57 of the laws of 2022, is
42 amended to read as follows:
43 3. The utilization thresholds established pursuant to this section
44 shall not apply to [mental retardation] intellectual disability and
45 developmental disabilities services provided in clinics certified under
46 article twenty-eight of the public health law, or article twenty-two or
47 article thirty-one of the mental hygiene law.
48 § 55. Subparagraph 2 of paragraph (e) of subdivision 1 of section 366
49 of the social services law, as added by section 1 of part D of chapter
50 56 of the laws of 2013, is amended to read as follows:
51 (2) is a patient in a public institution operated primarily for the
52 treatment of tuberculosis or care of the [mentally] intellectually disa-
53 bled, with the exception of: (i) a person sixty-five years of age or
54 older and a patient in any such institution; (ii) a person under twen-
55 ty-one years of age and receiving in-patient psychiatric services in a
56 public institution operated primarily for the care of the [mentally]
S. 6793--A 36
1 intellectually disabled; (iii) a patient in a public institution oper-
2 ated primarily for the care of the [mentally retarded] intellectually
3 disabled who is receiving medical care or treatment in that part of such
4 institution that has been approved pursuant to law as a hospital or
5 nursing home; (iv) a patient in an institution operated by the state
6 department of mental hygiene, while under care in a hospital on release
7 from such institution for the purpose of receiving care in such hospi-
8 tal; or (v) is a person residing in a community residence or a residen-
9 tial care center for adults.
10 § 56. Subparagraph (ii) of paragraph (d) of subdivision 6 of section
11 367-a of the social services law, as added by chapter 41 of the laws of
12 1992, is amended to read as follows:
13 (ii) out-patient hospital and clinic services except for mental health
14 services, [mental retardation] intellectual disability and developmental
15 disability services, alcohol and substance abuse services and methadone
16 maintenance services;
17 § 57. Paragraph (e) of subdivision 6 of section 384-b of the social
18 services law, as amended by chapter 691 of the laws of 1991, is amended
19 to read as follows:
20 (e) In every proceeding upon a ground set forth in paragraph (c) of
21 subdivision four the judge shall order the parent to be examined by, and
22 shall take the testimony of, a qualified psychiatrist or a psychologist
23 licensed pursuant to article one hundred fifty-three of the education
24 law as defined in section 730.10 of the criminal procedure law in the
25 case of a parent alleged to be mentally ill or [retarded] intellectually
26 disabled, such psychologist or psychiatrist to be appointed by the court
27 pursuant to section thirty-five of the judiciary law. The parent and the
28 authorized agency shall have the right to submit other psychiatric,
29 psychological or medical evidence. If the parent refuses to submit to
30 such court-ordered examination, or if the parent renders himself
31 unavailable therefor whether before or after the initiation of a
32 proceeding under this section, by departing from the state or by
33 concealing himself therein, the appointed psychologist or psychiatrist,
34 upon the basis of other available information, including, but not limit-
35 ed to, agency, hospital or clinic records, may testify without an exam-
36 ination of such parent, provided that such other information affords a
37 reasonable basis for his opinion.
38 § 58. Subdivision 1 of section 477 of the social services law, as
39 amended by chapter 550 of the laws of 1978, is amended to read as
40 follows:
41 1. All mentally ill, [mentally retarded] intellectually disabled,
42 blind and deaf and mute persons, the expense of whose support and main-
43 tenance now is, or, under the laws of the state of New York, may become
44 a charge upon the city of Poughkeepsie, or the county of Dutchess,
45 exclusive of said city, or both, and who are maintained, or shall be
46 maintained, in any of the institutions of the state of New York, shall
47 be supported by said county of Dutchess as one district.
48 § 59. Paragraph (p) of subdivision 1 of section 261 of the tax law, as
49 amended by chapter 365 of the laws of 2005, is amended to read as
50 follows:
51 (p) with respect to the remaining counties of the state except Catta-
52 raugus county which have not suspended the imposition of such additional
53 tax pursuant to subdivision two of section two hundred fifty-three of
54 this article, to the comptroller to be paid by him or her into the
55 general fund in the state treasury to the credit of the state purposes
56 account; provided that money paid to the comptroller with respect to any
S. 6793--A 37
1 such remaining county in which on the date of such payment any mass
2 transportation, airport or aviation, municipal historic site, municipal
3 park, community mental health and [retardation] intellectual disability
4 facility, or sewage treatment capital project is being carried out by a
5 municipality with state aid, or for which state aid will be paid, pursu-
6 ant to the provisions of title one of chapter seven hundred seventeen of
7 the laws of nineteen hundred sixty-seven, section 17.05 of the parks,
8 recreation and historic preservation law, section 41.18 of the mental
9 hygiene law, or section 17-1903 of the environmental conservation law,
10 shall be applied by him or her to increase the amount of aid for which
11 the state is obligated in respect to such project on such date, provided
12 that any such increase in state aid may not, together with any federal
13 funds paid or to be paid on account of the cost of such project, exceed
14 the total cost thereof, and where more than one such capital project is
15 being carried out on such date within such county, the application of
16 such monies by the comptroller shall be pro-rated among such munici-
17 palities on the basis of the respective amounts of state aid which are
18 so obligated on such date; and
19 § 60. The opening paragraph of section 2 of section 1 of chapter 359
20 of the laws of 1968, constituting the facilities development corporation
21 act, as separately amended by chapters 195 and 658 of the laws of 1973,
22 is amended to read as follows:
23 It is hereby found and declared that the provision of new and improved
24 state facilities relating to the care, maintenance and treatment of the
25 [mentally] intellectually disabled must be accelerated if the state is
26 to meet its responsibilities in the face of an increasing state popu-
27 lation, a growing awareness that mental disability can be treated effec-
28 tively, and new research advances in treatment methods. An expanded
29 construction program is essential to relieve overcrowding in the state
30 hospitals for the mentally ill, to provide treatment and care for the
31 increasing population of [mentally retarded] intellectually disabled in
32 state schools, and to permit the establishment of special treatment
33 programs for mentally ill and emotionally disturbed children and for the
34 mentally ill blind and the mentally ill deaf. Existing state facilities
35 require substantial modernization and structural change to accommodate
36 new concepts of treatment for the [mentally] intellectually disabled and
37 special units for the treatment of alcoholism and narcotics addiction.
38 Larger and better equipped research facilities must be installed in
39 order to insure that state treatment units are in the forefront of
40 applying and developing advanced therapeutic methods. At the same time,
41 improved training facilities and quarters are needed to attract and
42 retain the best-qualified staff personnel.
43 § 61. The third undesignated paragraph of section 2 of section 1 of
44 chapter 359 of the laws of 1968, constituting the facilities development
45 corporation act, as amended by chapter 547 of the laws of 1979, is
46 amended to read as follows:
47 It is further found and declared that the provision of new and
48 improved community mental health and [retardation] intellectual disabil-
49 ity facilities must be accelerated, in order to provide comprehensive
50 care and treatment of the mentally ill and [mentally retarded] intellec-
51 tually disabled. Such community mental health and [retardation] intel-
52 lectual disability facilities should be located close to the people they
53 serve, in order to speed rehabilitation and restoration, by involving
54 families and community resources to the extent practicable. Such an
55 accelerated construction program will also help relieve overcrowding in
56 state facilities for the mentally ill and [mentally retarded] intellec-
S. 6793--A 38
1 tually disabled and will afford treatment and care for the increasing
2 number of [mentally retarded] intellectually disabled. Such a program
3 will increase the number of local facilities for out-patient care and
4 short-term in-patient care, including after care, diagnostic and rehabi-
5 litative services, training and research. While the responsibility for
6 the professional care, maintenance and treatment of the mentally ill and
7 [mentally retarded] intellectually disabled at all such community mental
8 health and [retardation] intellectual disability facilities should
9 continue in the local governments, subject to the provisions of article
10 forty-one of the mental hygiene law and the regulations of the commis-
11 sioners of the offices of the department having jurisdiction thereof,
12 the legislature further finds and declares that the Facilities Develop-
13 ment Corporation should be empowered to aid cities and counties, at
14 their request, to provide new and improved community mental health and
15 [retardation] intellectual disability facilities in order to insure
16 their timely construction, acquisition, reconstruction, rehabilitation
17 and improvement in relation to current and foreseeable needs and the
18 emergence of new patterns of treatment and care and should be empowered
19 to receive and administer monies for such purpose.
20 § 62. Subdivisions 10 and 19 of section 3 of section 1 of chapter 359
21 of the laws of 1968, constituting the facilities development corporation
22 act, subdivision 10 as amended by section 1 of part N of chapter 59 of
23 the laws of 2016 and subdivision 19 as amended by section 1 of part H of
24 chapter 58 of the laws of 2008, are amended to read as follows:
25 10. "Mental hygiene facility" shall mean a building, a unit within a
26 building, a laboratory, a classroom, a housing unit, a dining hall, an
27 activities center, a library, real property of any kind or description,
28 or any structure on or improvement to real property, or an interest in
29 real property, of any kind or description, owned by or under the juris-
30 diction of the corporation, including fixtures and equipment which are
31 an integral part of any such building, unit, structure or improvement, a
32 walkway, a roadway or a parking lot, and improvements and connections
33 for water, sewer, gas, electrical, telephone, heating, air conditioning
34 and other utility services, or a combination of any of the foregoing,
35 whether for patient care and treatment or staff, staff family or service
36 use, located at or related to any psychiatric center, any developmental
37 center, or any state psychiatric or research institute or other facility
38 now or hereafter established under the department. A mental hygiene
39 facility shall also mean and include a residential care center for
40 adults, a "community mental health and [retardation] intellectual disa-
41 bility facility" and a treatment facility for use in the conduct of an
42 alcoholism or substance abuse treatment program as defined in the mental
43 hygiene law unless such residential care center for adults, community
44 mental health and [retardation] intellectual disability facility or
45 alcoholism or substance abuse facility is expressly excepted, or the
46 context clearly requires otherwise, and shall also mean and include any
47 treatment facility for use in the conduct of an alcoholism or substance
48 abuse treatment program that is also operated as an associated health
49 care facility. The definition contained in this subdivision shall not be
50 construed to exclude therefrom a facility owned or leased by one or more
51 voluntary agencies that is to be financed, refinanced, designed,
52 constructed, acquired, reconstructed, rehabilitated or improved under
53 any lease, sublease, loan or other financing agreement entered into with
54 such voluntary agencies, and shall not be construed to exclude therefrom
55 a facility to be made available from the corporation to a voluntary
56 agency at the request of the commissioners of the offices of the depart-
S. 6793--A 39
1 ment having jurisdiction thereof. The definition contained in this
2 subdivision shall not be construed to exclude therefrom a facility with
3 respect to which a voluntary agency has an ownership interest in, and
4 proprietary lease from, an organization formed for the purpose of the
5 cooperative ownership of real estate.
6 19. "Voluntary agency" means a corporation organized under or existing
7 pursuant to the not-for-profit corporation law providing or, pursuant to
8 a written agreement with the appropriate commissioner, approved to
9 provide housing that includes residences for persons with mental disa-
10 bilities, or services benefitting or assisting in the care, treatment,
11 rehabilitation or maintenance of persons with mental disabilities,
12 community mental health or residential services, community [mental
13 retardation] intellectual disability services, or alcohol, substance-a-
14 buse, or chemical-dependency residential or non-residential treatment
15 services, or for any combination of the foregoing. Notwithstanding any
16 other provision of law to the contrary, voluntary agency shall also
17 include any entity receiving financing, approvals or assistance of any
18 form from the state housing finance agency or the state division of
19 housing and community renewal for one or more integrated housing
20 projects including projects serving persons with mental disabilities,
21 which shall be approved by the appropriate commissioner. Such commis-
22 sioner is hereby authorized to enter into any agreements necessary or
23 useful for such projects, subject to the approval of the director of the
24 budget.
25 § 63. Paragraph a of subdivision 8 and subdivision 13 of section 5 of
26 section 1 of chapter 359 of the laws of 1968, constituting the facili-
27 ties development corporation act, paragraph a of subdivision 8 as
28 amended by chapter 58 of the laws of 1987 and subdivision 13 as amended
29 by chapter 723 of the laws of 1993, are amended to read as follows:
30 a. With the approval of the appropriate commissioner of the department
31 and the director of the budget, to purchase real property necessary or
32 convenient for a mental hygiene facilities improvement program in the
33 name of the state, except where such purchase is for the purpose of
34 providing community mental health and [retardation] intellectual disa-
35 bility facilities in which case such purchase shall be in its own name;
36 provided, however, that all such purchases shall be made pursuant to
37 legislation or appropriations in accordance with section nine of this
38 act. Nothing in this section contained shall be construed to prohibit
39 the acquisition of real property by purchase or appropriation by the
40 appropriate commissioner of the department pursuant to article seventy-
41 one of the mental hygiene law for the purpose of making mental hygiene
42 facilities available under license or permit from the corporation to a
43 voluntary agency, subject to the terms and conditions of any lease,
44 sublease, loan or other financing agreement with the state housing
45 finance agency or the state medical care facilities finance agency, (i)
46 for use in providing community mental health and [retardation] intellec-
47 tual disability services, including services in a residential care
48 center for adults, or (ii) for the conduct of an alcoholism or substance
49 abuse treatment program as defined in article nineteen of the mental
50 hygiene law.
51 13. Subject to the terms and conditions of any lease, sublease, loan
52 or other financing agreement with the state housing finance agency or
53 the state medical care facilities finance agency, and to the determi-
54 nation of the appropriate commissioner of the department, and in the
55 case of community mental health and [retardation] intellectual disabili-
56 ty facilities, of the city or county, that such real property held for
S. 6793--A 40
1 the purposes of a mental hygiene facilities improvement program is
2 unnecessary for the present or foreseeable future needs of a mental
3 hygiene facility, with the approval of the director of the budget, to
4 convey for fair value any right, title or interest of the people of the
5 state of New York in and to such real property to any appropriate state
6 agency, or public corporation, city or county for other public use or
7 for sale, lease or other disposition in accordance with law, real prop-
8 erty held by the corporation, provided, however, nothing in this subdi-
9 vision shall be deemed to supercede the provisions of section 41.34 of
10 the mental hygiene law and provided further that any such conveyance
11 shall be subject to, and consistent with the terms and objectives of,
12 any plan developed by the state interagency council on mental hygiene
13 property utilization. The corporation shall provide written notice at
14 least thirty days in advance of the effective date of any conveyance to
15 the governor, the majority leader of the senate and the speaker of the
16 assembly. No conveyance as authorized in this subdivision that may
17 adversely affect the tax exempt nature of any such lease, sublease, loan
18 or other financing agreement with the state housing finance agency or
19 the New York state medical care facilities finance agency may occur
20 until the attorney general or other designated bond counsel determines
21 in writing that the conveyance is consistent with all applicable state
22 and federal laws, rules and regulations, and with deeds, leases,
23 subleases, loan agreements, financing agreements, and bond resolutions
24 relating to or affected by the conveyance, and that the conveyance does
25 not impair the tax exempt status of outstanding obligations issued by
26 the state housing finance agency or the New York state medical care
27 facilities finance agency to finance or refinance the design,
28 construction, acquisition, reconstruction, rehabilitation or improvement
29 of mental health service facilities as defined in the New York state
30 medical care facilities finance agency act.
31 § 64. Subdivisions 3, 4 and 5 of section 6 of section 1 of chapter 359
32 of the laws of 1968, constituting the facilities development corporation
33 act, subdivisions 3 and 4 as amended by chapter 547 of the laws of 1979
34 and subdivision 5 as amended by chapter 351 of the laws of 1985, are
35 amended to read as follows:
36 3. To provide mental hygiene facilities, other than community health
37 and [retardation] intellectual disability facilities, for the care,
38 maintenance and treatment of the [mentally] intellectually disabled, for
39 research and training related thereto, and for the members of the staff
40 of state institutions in the department and their families, to reduce
41 the time lag between determination of need for such facilities and actu-
42 al occupancy thereof, to expedite the construction, acquisition, recon-
43 struction, rehabilitation or improvement of such facilities, to assure
44 that the same are completed and ready for the purposes intended in the
45 light of foreseeable needs, to assure exclusive possession, jurisdic-
46 tion, control and supervision over all mental hygiene facilities in
47 order to effectuate the aforesaid purposes and to make such facilities
48 available to the appropriate commissioner of the department for use in
49 the care, maintenance and treatment of the [mentally] intellectually
50 disabled.
51 4. To provide community mental health and [retardation] intellectual
52 disability facilities for the [mentally] intellectually disabled, for
53 out-patient care and short-term in-patient care, including after care
54 and diagnostic and rehabilitative services and training and research,
55 for and at the request of cities and counties not wholly within a city,
56 authorized to provide community mental health services in accordance
S. 6793--A 41
1 with the provisions of article forty-one of the mental hygiene law, to
2 reduce the time between determination of the need for such facilities
3 and actual occupancy thereof, to expedite the construction, acquisition,
4 reconstruction, rehabilitation or improvement of such facilities, to
5 assure that the same are completed and ready for the purposes intended
6 in the light of current and foreseeable needs, all as approved by the
7 appropriate commissioner of the department.
8 5. To provide mental hygiene facilities to be made available under
9 license or permit from the corporation to voluntary agencies at the
10 request of the appropriate commissioner of the department in accordance
11 with the provisions of this act for use in providing community mental
12 health and [retardation] intellectual disability services and services
13 in a residential care center for adults.
14 § 65. Paragraphs b and c of subdivision 1 of section 9 of section 1 of
15 chapter 359 of the laws of 1968, constituting the facilities development
16 corporation act, paragraph b as amended by chapter 58 of the laws of
17 1987 and paragraph c as amended by chapter 547 of the laws of 1979, are
18 amended to read as follows:
19 b. The directors of the corporation shall prepare or cause to be
20 prepared for the state housing finance agency or the medical care facil-
21 ities finance agency, within the amounts appropriated therefor or other-
22 wise available, the building plans, the exterior drawings or models
23 displaying the architectural concept of each mental hygiene facility
24 thereafter to be constructed, reconstructed, rehabilitated or improved,
25 and the detailed plans and specifications for all such construction,
26 reconstruction, rehabilitation and improvement work to be performed, all
27 of which shall be subject to the separate approval of the appropriate
28 commissioner of the department and, in the case of community mental
29 health and [retardation] intellectual disability facilities, of the
30 governing body of the city or county or of such officer, department,
31 agency or community mental health board as may be designated by such
32 governing body for the purpose of such approval. The directors of the
33 corporation, except in the case of community mental health and [retarda-
34 tion] intellectual disability facilities, may cause the building plans,
35 drawings, models and detailed plans and specifications for such work to
36 be prepared under the direction of the commissioner of general services
37 in accordance with the terms of any agreement entered into between the
38 corporation and such commissioner pursuant to subdivision two of this
39 section. In the case of community mental health and [retardation] intel-
40 lectual disability facilities, the directors of the corporation may
41 cause such building plans, drawings, models and detailed plans and spec-
42 ifications for such work to be prepared by its own employees, or on a
43 contract basis, or by agreement with a city or county or with any state
44 department or agency authorized to perform such work.
45 The detailed plans and specifications for any such work to be
46 performed pursuant to a contract shall comply with the construction
47 standards in effect at the time the contract is executed.
48 Subject to the terms of any agreement entered into between the corpo-
49 ration and the commissioner of general services pursuant to subdivision
50 two of this section and between the corporation and the state housing
51 finance agency or the medical care facilities finance agency pursuant to
52 such section, the directors of the corporation may from time to time
53 modify, or authorize modifications to, such detailed plans and specifi-
54 cations provided (i) that the plans and specifications as so modified
55 shall comply with the construction standards, if any, adopted pursuant
56 to paragraph a of this subdivision and in effect at the time of the
S. 6793--A 42
1 modification, and (ii) that such modifications, if substantial, are made
2 with the separate approval of the appropriate commissioner of the
3 department and, in the case of community mental health and [retardation]
4 intellectual disability facilities, of such governing body of the city
5 or county or of such officer, department, agency or community mental
6 health board as may be designated by such governing body for the purpose
7 of such approval, and (iii) that in the event an amount for contingen-
8 cies is appropriated or advanced to the corporation to pay the added
9 costs during the then current state fiscal year of all modifications
10 made in the course of construction, reconstruction, rehabilitation and
11 improvement of mental hygiene facilities, no such modifications shall be
12 made or authorized in such fiscal year without the approval of the
13 director of the budget unless the cost thereof shall be less than five
14 percentum of the total estimated cost of the facility as set forth in
15 the budget bill referred to in paragraph a of subdivision two of this
16 section, but in no event shall any such modification be made or author-
17 ized in such fiscal year if the cost thereof, plus the cost of all
18 modifications theretofore made or authorized during the same state
19 fiscal year, would exceed the amount for contingencies appropriated or
20 advanced for the purpose of such modifications, and (iv) that in the
21 event an amount for contingencies is not appropriated for the purpose of
22 such modifications, no such modification involving an estimated expense
23 of ten thousand dollars or more shall be made or authorized without the
24 prior approval of the director of the budget.
25 c. In the design, construction, acquisition, reconstruction, rehabili-
26 tation, alteration and improvement of mental hygiene facilities to be
27 made available under license or permit from the corporation to voluntary
28 agencies for use in providing community mental health and [retardation]
29 intellectual disability services, the corporation shall be governed by
30 the provisions of this act relating to the design and construction of
31 mental hygiene facilities provided, however, that the program for each
32 such facility shall have been prepared under the supervision of the
33 appropriate commissioner of the department pursuant to the mental
34 hygiene law at the request of such voluntary agency and with the
35 approval of the community mental health board established pursuant to
36 article forty-one of the mental hygiene law.
37 § 66. The opening paragraph of subparagraph (i) and subparagraph (ii)
38 of paragraph b of subdivision 2 of section 9 of section 1 of chapter 359
39 of the laws of 1968, constituting the facilities development corporation
40 act, the opening paragraph of subparagraph (i) as amended by chapter 166
41 of the laws of 1991 and subparagraph (ii) as amended by chapter 658 of
42 the laws of 1973, are amended to read as follows:
43 The corporation may design, construct, reconstruct, rehabilitate and
44 improve a mental hygiene facility, other than a community mental health
45 and [retardation] intellectual disability facility, whether as principal
46 or as agent for the state housing finance agency or the medical care
47 facilities finance agency, only by agreement with the commissioner of
48 general services, except that in the case a mental hygiene facility
49 owned or leased by a voluntary agency that is to be designed,
50 constructed, reconstructed, rehabilitated and improved under any lease,
51 sublease, loan or other financing agreement entered into with such
52 voluntary agency, or jointly with such voluntary agency and one or more
53 voluntary agencies that operate such facility the same may be designed,
54 constructed, reconstructed, rehabilitated and improved by such voluntary
55 agencies, and except that:
S. 6793--A 43
1 (ii) The corporation, with the approval of the director of the budget,
2 may construct, reconstruct, rehabilitate and improve a community mental
3 health and [retardation] intellectual disability facility by its own
4 employees, by agreement with a city or county or with any state depart-
5 ment or agency authorized to perform such work, or by contract awarded
6 pursuant to paragraph g of this subdivision. All contracts awarded by a
7 city or county on behalf of the corporation shall be awarded pursuant to
8 paragraph g of this subdivision, notwithstanding any provision of any
9 general, special or local law or any charter.
10 § 67. Paragraphs a and b of subdivision 3 of section 9 of section 1 of
11 chapter 359 of the laws of 1968, constituting the facilities development
12 corporation act, paragraph a as amended by chapter 723 of the laws of
13 1993 and paragraph b as amended by section 48 of part TTT of chapter 59
14 of the laws of 2019, are amended to read as follows:
15 a. Subject to the provisions of this act, the directors of the corpo-
16 ration shall receive, accept, invest, administer, expend and disburse
17 for its corporate purposes, other than for the purposes of any health
18 facilities improvement program, (i) all payments made on or after Janu-
19 ary 1, 1964, for the care, maintenance and treatment of patients in
20 every mental hygiene facility, other than a community mental health and
21 [retardation] intellectual disability facility or a mental hygiene
22 facility made available under license or permit from the corporation to
23 a voluntary agency for use in providing community mental health and
24 [retardation] intellectual disability services, or an office of [alco-
25 holism and substance abuse] addiction services and supports facility
26 made available under license or permit from the corporation to a volun-
27 tary agency for use in the conduct of an alcoholism or substance abuse
28 treatment program, (ii) all payments made to the corporation by a lessee
29 or permittee as rentals, permit fees or otherwise under any lease,
30 sublease, permit or agreement undertaken with respect to a community
31 mental health and [retardation] intellectual disability facility or
32 current or former mental hygiene facility or from a voluntary agency
33 with respect to a mental hygiene facility made available under lease,
34 license or permit from the corporation to a voluntary agency, and (iii)
35 all payments made to the corporation for the purchase of real property
36 held by the corporation for the use of the department, other than
37 payments derived from New York state medical care facilities finance
38 agency financing or refinancing of the design, construction, acquisi-
39 tion, reconstruction, rehabilitation, improvement or renovation of state
40 operated mental hygiene facilities, and may receive, accept, invest,
41 administer, expend and disburse for its corporate purposes, other than
42 for the purposes of any health facilities improvement program, appropri-
43 ations or advances from the capital projects fund and the state purposes
44 account of the general fund of the state, and other revenues and monies
45 made available or to be made available to the corporation from any or
46 all sources, including gifts, grants, loans and payments from the feder-
47 al government, any state agency, any county, city, town or village, any
48 private foundation, organization or individual, or any other source, for
49 the construction, acquisition, reconstruction, rehabilitation and
50 improvement of mental hygiene facilities, and for the maintenance and
51 repair of such facilities.
52 b. All monies of the corporation received or accepted pursuant to
53 paragraph a of this subdivision, other than appropriations and advances
54 from the state and except as otherwise authorized or provided in this
55 section, shall be paid to the commissioner of taxation and finance as
56 agent of the corporation, who shall not commingle such monies with any
S. 6793--A 44
1 other monies. Such monies shall be deposited in two or more separate
2 bank accounts. One of such accounts, to which shall be credited (i) all
3 payments made on or after January 1, 1964, for the care, maintenance and
4 treatment of patients in every mental hygiene facility, other than a
5 community mental health and [retardation] intellectual disability facil-
6 ity, (ii) all payments made to the corporation as rentals, lease
7 payments, permit fees or otherwise under any lease, sublease or agree-
8 ment undertaken with respect to a community mental health and [retarda-
9 tion] intellectual disability facility or a current or former mental
10 hygiene facility, (iii) all payments made to the corporation for the
11 purchase of real property held by the corporation for the use of the
12 department, other than payments derived from New York state medical care
13 facilities finance agency financing or refinancing of the design,
14 construction, acquisition, reconstruction, rehabilitation, improvement
15 or renovation of state operated mental hygiene facilities, (iv) all
16 income from investments and (v) all monies received or to be received
17 for the purposes of such account on a recurring basis, shall be denomi-
18 nated the "mental hygiene facilities improvement fund income account".
19 The monies in any account shall be paid out on checks signed by the
20 commissioner of taxation and finance on requisition of the chairman of
21 the corporation or of such other officer or employee or officers or
22 employees as the corporation shall authorize to make such requisition.
23 All deposits of such money shall, if required by the commissioner of
24 taxation and finance or the directors of the corporation, be secured by
25 obligations of the United States or of the state of a market value equal
26 at all times to the amount of the deposit and all banks and trust compa-
27 nies are authorized to give such security for such deposits. Any moneys
28 of the corporation not required for immediate use or disbursement may,
29 at the discretion of the corporation, be invested by the commissioner of
30 taxation and finance in accordance with the provisions of section 98-a
31 of the state finance law. The mental hygiene facilities improvement fund
32 and the income account therein shall remain in existence until termi-
33 nated by the corporation by written notice to the commissioner of taxa-
34 tion and finance. Any moneys on deposit in the mental hygiene facilities
35 improvement fund or the income account therein upon the termination of
36 said fund and account shall be transferred by the commissioner of taxa-
37 tion and finance to the mental health services fund. The corporation
38 shall not terminate the mental hygiene facilities improvement fund and
39 the income account therein until all mental health services facilities
40 bonds issued pursuant to: (i) the New York state medical care facilities
41 finance agency act; (ii) article [five-c] five-C of the state finance
42 law; and (iii) article [five-f] five-F of the state finance law and
43 payable from the income account as described in paragraph g of this
44 subdivision are no longer outstanding.
45 § 68. The fifth undesignated paragraph of subdivision 5 of section 9
46 of section 1 of chapter 359 of the laws of 1968, constituting the facil-
47 ities development corporation act, as amended by chapter 58 of the laws
48 of 1987, is amended to read as follows:
49 The provisions of this subdivision shall not apply to community mental
50 health and [retardation] intellectual disability facilities.
51 § 69. Subdivision 6 of section 9 of section 1 of chapter 359 of the
52 laws of 1968, constituting the facilities development corporation act,
53 paragraphs a and b as amended by chapter 58 of the laws of 1987, is
54 amended to read as follows:
55 6. Notwithstanding any provision of any general, special or local law
56 or of any charter:
S. 6793--A 45
1 a. The governing body, as such term is defined in article forty-one of
2 the mental hygiene law (except that with respect to the city of New York
3 such term shall mean the board of estimate), of a city or county may,
4 upon such terms and conditions as shall be approved by such governing
5 body and for such consideration, if any, as may be determined by such
6 governing body, but not to exceed the cost of acquisition thereof and
7 the cost of improvements thereon, exclusive of any costs reimbursed or
8 to be reimbursed in accordance with the provisions of article forty-one
9 of the mental hygiene law otherwise, execute and deliver to the corpo-
10 ration a lease for a term not exceeding forty years or a deed (i)
11 conveying to the corporation real property and one or more community
12 mental health and [retardation] intellectual disability facilities of
13 the city or county located thereon, a portion of the costs of which
14 facilities are eligible for state reimbursement in accordance with the
15 provisions of article forty-one or article twenty-five of the mental
16 hygiene law or (ii) conveying to the corporation real property of the
17 city or county or an interest therein, for the purpose of causing to be
18 constructed, reconstructed, rehabilitated or improved thereon one or
19 more community mental health and [retardation] intellectual disability
20 facilities pursuant to this act, such community mental health and
21 [retardation] intellectual disability facilities to be made available to
22 such county or city for use and occupancy under lease, sublease or other
23 agreement upon such terms and conditions as may be agreed upon, includ-
24 ing terms and conditions relating to length of terms, maintenance and
25 repair of community mental health and [retardation] intellectual disa-
26 bility facilities during such term and the annual rentals to be paid
27 therefor for the use thereof. The corporation is hereby authorized to
28 accept any such lease or conveyance, to hold such real property, to
29 enter into a lease, sublease or other agreement with such city or county
30 for the purpose of making such community mental health and [retardation]
31 intellectual disability facility so acquired or to be constructed,
32 reconstructed, rehabilitated or improved thereon available for use and
33 occupancy by such city or county, and to lease or convey real property
34 so acquired to the New York state housing finance agency or the medical
35 care facilities finance agency, provided, however, that any such further
36 lease or conveyance shall be solely for the purpose of causing community
37 mental health and [retardation] intellectual disability facilities to be
38 acquired, constructed, reconstructed, rehabilitated or improved thereon,
39 such community mental health and [retardation] intellectual disability
40 facilities to be made available to such city or county for use and occu-
41 pancy under a lease, sublease or other agreement between the corporation
42 and such city or county, upon such terms and conditions as may be agreed
43 upon. No such lease or conveyance from the corporation to the New York
44 state housing finance agency or the state medical care facilities
45 finance agency shall be for a consideration in excess of the cost of
46 acquisition of such real property and the costs of improvements thereon.
47 The appropriate commissioner of the department, on behalf of his office,
48 and the director of the budget shall approve all leases, subleases or
49 agreements, whether between the corporation and such city or county or
50 between the corporation and the housing finance agency or the state
51 medical care facilities finance agency, and the appropriate commissioner
52 of the department shall be a party thereto. The appropriate division of
53 the office of [alcoholism and substance abuse] addiction services and
54 supports shall also approve all such leases, subleases or agreements
55 relating to the construction, reconstruction, rehabilitation or improve-
56 ment of community mental health and [retardation] intellectual disabili-
S. 6793--A 46
1 ty facilities, constituting alcoholism or substance abuse facilities for
2 use in an alcoholism or substance abuse treatment program as defined in
3 the mental hygiene law.
4 b. In the event that the corporation shall fail, within five years
5 after the date of such lease or conveyance, to construct, reconstruct,
6 rehabilitate or improve the community mental health and [retardation]
7 intellectual disability facility or facilities thereon for which such
8 lease or conveyance was made, or to cause the same to be done, as
9 provided for in a lease, sublease or other agreement entered into with
10 such city or county, then, subject to the terms of any lease, sublease
11 or other agreement undertaken by the New York state housing finance
12 agency or the state medical care facilities finance agency, with respect
13 thereto, such real property and any facilities thereon shall revert to
14 such city or county with right of re-entry thereupon, and such lease or
15 deed shall be made subject to such condition of reverter and re-entry;
16 provided, however, that as a condition precedent to the exercise of such
17 right of re-entry, such city or county shall pay an amount equal to the
18 sum of the purchase price of such real property, the depreciated cost of
19 any facility or facilities constructed, reconstructed, rehabilitated or
20 improved thereon, and all other costs of the corporation or the New York
21 state housing finance agency or the state medical care facilities
22 finance agency incident to the costs of the acquisition of such real
23 property and the financing of construction, reconstruction, rehabili-
24 tation or improvement relating to such facility or facilities, all as
25 provided in the aforesaid lease, sublease or other agreement entered
26 into with such city or county.
27 c. No real property or interest therein shall be acquired by the
28 corporation pursuant to this subdivision unless title thereto shall have
29 been approved by the attorney general.
30 d. The attorney general shall pass upon the form and sufficiency and
31 manner of execution of any deed of conveyance and of any lease of real
32 property authorized to be given under this subdivision by any city or
33 county to the corporation, and any lease, sublease or agreement between
34 the corporation and a city or county, and the same shall not be effec-
35 tive unless such deed, lease, sublease or agreement shall be so approved
36 by him.
37 e. The cost of construction, acquisition, reconstruction, rehabili-
38 tation or improvement of community mental health and [retardation]
39 intellectual disability facilities undertaken by the corporation pursu-
40 ant to this act may include the cost of acquisition of any real property
41 leased or conveyed to the corporation pursuant to paragraph a of this
42 subdivision [six] and the cost of the original furnishing, equipment,
43 machinery and apparatus as determined by the corporation.
44 f. The provisions of this act shall not be deemed to prevent a city or
45 county from financing the cost of constructing, acquiring, reconstruct-
46 ing, rehabilitating or improving a community mental health and [retarda-
47 tion] intellectual disability facility by the issuance of bonds or capi-
48 tal notes of such city or county pursuant to the local finance law.
49 § 70. The fifth undesignated paragraph of section 2 of section 1 of
50 chapter 392 of the laws of 1973, constituting the New York state medical
51 care facilities finance agency act, as added by chapter 58 of the laws
52 of 1987, is amended to read as follows:
53 Prompt provision of well-equipped, modern hospitals, schools and other
54 facilities related to the care, maintenance and treatment of mentally
55 ill, [mentally retarded] intellectually disabled and developmentally
56 disabled persons is also needed in the state. In order to encourage the
S. 6793--A 47
1 investment of private capital in such hospitals, schools and other
2 mental health services facilities and to assure their timely
3 construction, acquisition, reconstruction, rehabilitation and improve-
4 ment, or the refinancing thereof, the New York state medical care facil-
5 ities finance agency should be empowered, through the issuance of its
6 bonds, notes or other obligations to the private investing public, to
7 obtain all or a portion of the funds necessary to finance the same and
8 to meet the needs of patients and staff at such facilities.
9 § 71. Subdivisions 4 and 6 of section 5-a of section 1 of chapter 392
10 of the laws of 1973, constituting the New York state medical care facil-
11 ities finance agency act, subdivision 4 as amended by chapter 389 of the
12 laws of 1987 and subdivision 6 as amended by chapter 672 of the laws of
13 2019, are amended to read as follows:
14 4. As used in this section or in connection with a federally-aided
15 mortgage loan, the term "project" means a specific work or improvement,
16 whether or not to effectuate all or any part of a plan, and includes
17 lands, buildings, improvements, fixtures and personal property
18 constructed, acquired, reconstructed, refinanced, rehabilitated,
19 improved, managed, owned or operated by a non-profit corporation pursu-
20 ant to this section, to provide hospital, residential health care, resi-
21 dential facilities for the [mentally retarded] intellectually disabled
22 and developmentally disabled [or the mentally disabled] or for the care,
23 treatment, training and education of the [mentally retarded] intellectu-
24 ally disabled and developmentally disabled [or the mentally disabled] or
25 comprehensive health services facilities and such related incidental and
26 appurtenant facilities as the agency may approve. The term "project"
27 shall also mean a separate work or improvement, including lands, build-
28 ings, fixtures and personal property related thereto, managed, owned or
29 operated by a non-profit corporation pursuant to this section to provide
30 such services, functions, capabilities and facilities as may be conven-
31 ient or desirable for the operation of a hospital, a residential health
32 care or comprehensive health services facility.
33 6. As used in this section or in connection with federally-aided mort-
34 gage loan regarding residential facilities for the [mentally retarded]
35 intellectually disabled and developmentally disabled [or the mentally
36 disabled] or for the care, treatment, training and education of the
37 [mentally retarded] intellectually disabled and developmentally disabled
38 [or the mentally disabled] the term "commissioner" shall also mean the
39 commissioner of mental health or the commissioner of the office for
40 people with developmental disabilities.
41 § 72. Paragraph a of subdivision 1 of section 9-a of section 1 of
42 chapter 392 of the laws of 1973, constituting the New York state medical
43 care facilities finance agency act, as amended by chapter 166 of the
44 laws of 1991, is amended to read as follows:
45 a. "Mental health services facility" shall mean a building, a unit
46 within a building, a laboratory, a classroom, a housing unit, a dining
47 hall, an activities center, a library, real property of any kind or
48 description, or any structure on or improvement to real property of any
49 kind or description, including fixtures and equipment which may or may
50 not be an integral part of any such building, unit, structure or
51 improvement, a walkway, a roadway or a parking lot, and improvements and
52 connections for water, sewer, gas, electrical, telephone, heating, air
53 conditioning and other utility services, or a combination of any of the
54 foregoing, whether for patient care and treatment or staff, staff family
55 or service use, located at or related to any psychiatric center, any
56 developmental center, or any state psychiatric or research institute or
S. 6793--A 48
1 other facility now or hereafter established under the state department
2 of mental hygiene. A mental health services facility shall also mean and
3 include a residential care center for adults, a "community mental health
4 and [retardation] intellectual disability facility", and a state or
5 voluntary operated treatment facility for use in the conduct of an alco-
6 holism or substance abuse treatment program as defined in the mental
7 hygiene law, unless such residential care center for adults, community
8 mental health and [retardation] intellectual disability facility or
9 alcoholism or substance abuse facility is expressly excepted or the
10 context clearly requires otherwise. The definition contained in this
11 subdivision shall not be construed to exclude therefrom a facility,
12 whether or not owned or leased by a voluntary agency, to be made avail-
13 able under lease, or sublease, from the facilities development corpo-
14 ration to a voluntary agency at the request of the commissioners of the
15 offices and directors of the divisions of the department of mental
16 hygiene having jurisdiction thereof for use in providing services in a
17 residential care center for adults, community mental health and [retar-
18 dation] intellectual disability services, or for use in the conduct of
19 an alcoholism or substance abuse treatment program. For purposes of this
20 section mental health services facility shall also mean mental hygiene
21 facility as defined in subdivision ten of section three of the facili-
22 ties development corporation act.
23 § 73. Paragraphs a and b of subdivision 7 of section 9-a of section 1
24 of chapter 392 of the laws of 1973, constituting the New York state
25 medical care facilities finance agency act, paragraph a as added by
26 chapter 58 of the laws of 1987 and paragraph b as amended by chapter 506
27 of the laws of 1997, are amended to read as follows:
28 a. The agency shall have the power to acquire by lease or deed from
29 the facilities development corporation any real property acquired by the
30 corporation pursuant to the provisions of subdivision six of section
31 nine of the facilities development corporation act (i) for the purpose
32 of constructing, reconstructing, rehabilitating or improving thereon one
33 or more community mental health and [retardation] intellectual disabili-
34 ty facilities or (ii) for the purpose of financing or refinancing the
35 acquisition, construction, reconstruction, rehabilitation or improvement
36 thereon of one or more community mental health and [retardation] intel-
37 lectual disability facilities, pursuant to the provisions of this act
38 and the facilities development corporation act. The agency is hereby
39 authorized to lease or sublease such real property and facilities there-
40 on to the corporation for the purpose of making the same available to a
41 city or a county not wholly within a city, for use and occupancy in
42 accordance with the provisions of a lease, sublease or other agreement
43 between the corporation and such city or county.
44 b. In the event that the agency shall fail, within five years after
45 the date of a lease or conveyance of such real property from property
46 from such city or county to the corporation, to construct, reconstruct,
47 rehabilitate or improve the community mental health and [retardation]
48 intellectual disability facility or facility thereon for which such
49 lease or conveyance was made, as provided for in a lease, sublease or
50 other financing agreement entered into by such city or county and the
51 corporation, then, subject to the terms of any lease, sublease or other
52 financing agreement undertaken by the agency, such real property and any
53 facilities thereon shall revert to the corporation with right of re-en-
54 try thereupon, and such lease or deed shall be made subject to such
55 condition of reverter and re-entry. Provided, however, that as a condi-
56 tion precedent to the exercise of such right of re-entry the corporation
S. 6793--A 49
1 shall pay to the agency an amount equal to the sum of the purchase price
2 of such real property, the depreciated cost of any community mental
3 health and [retardation] intellectual disability facility or facilities
4 constructed, reconstructed, rehabilitated or improved thereon and all
5 other costs of the agency incident to the acquisition of such lands and
6 the financing of construction, reconstruction, rehabilitation or
7 improvement relating to such community mental health and [retardation]
8 intellectual disability facility or facilities, all as provided in the
9 aforesaid lease, sublease or other financing agreement entered into with
10 the corporation. It is further provided that for the Corona unit of the
11 Bernard M. Fineson developmental disabilities services office, the
12 corporation may but is not required to pay to the agency an amount less
13 than or equal to the purchase price of the real property, the depreci-
14 ated cost of sum of the community mental health and [retardation] intel-
15 lectual disability facility constructed, reconstructed, rehabilitated,
16 demolished or improved thereon and all other costs of the agency inci-
17 dent to the acquisition of such lands and the financing of construction,
18 reconstruction, rehabilitation, demolition or improvement relating to
19 such community mental health and [retardation] intellectual disability
20 facility, all as provided in the aforesaid lease, sublease or other
21 financing agreement entered into with the corporation.
22 § 74. This act shall take effect immediately; provided, however, that:
23 (a) the amendments to subclause (iii) of clause (c) of subparagraph 4
24 of paragraph b of subdivision 1 of section 4402 of the education law
25 made by section fourteen of this act shall be subject to the expiration
26 and reversion of such clause pursuant to chapter 378 of the laws of
27 2007, as amended when upon such date the provisions of section fifteen
28 of this act shall take effect;
29 (b) the amendments to section 41.40 of the mental hygiene law made by
30 section thirty-three of this act shall not affect the expiration of such
31 section and shall be deemed to expire therewith;
32 (c) the amendments to section 364-j of the social services law made by
33 section fifty-two of this act shall not affect the repeal of such
34 section and shall be deemed repealed therewith; and
35 (d) the amendments to section 365-g of the social services law made by
36 section fifty-three of this act shall be subject to the expiration and
37 reversion of such section when upon such date the provisions of section
38 fifty-four of this act shall take effect.
