EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11409-03-1
A. 7882 2
interest therein, shall have a claim against the state for the value of
such real property or interest therein at the time of the entry of such
judgment, but no such claim shall exist in favor of such party or
parties or their successors in interest unless a petition therefor shall
have been filed as hereinafter provided within fifteen years from the
date of entry of such final judgment unless such party or parties to
such ejectment action shall have been, at the time of the commencement
of such action or entry of final judgment, incompetent to conduct his or
her affairs by reason of mental illness or [mental retardation] INTEL-
LECTUAL OR DEVELOPMENTAL DISABILITY or have been under the age of eigh-
teen years, or be imprisoned in execution upon conviction of a criminal
offense, in which event the period of such disability shall not be
deemed to be a part of the time limited within which such petition may
be filed. Such party or parties, or their successors in interest shall
petition the commissioner of general services for payment of the sum or
a part thereof received by the state, upon the sale made pursuant to
section two hundred four, and the said commissioner if satisfied that
the claim is just and is made by a party who, except for the entry of
final judgment in an action authorized by section two hundred one would
have been entitled to the real property or an interest therein affected
by said action, may certify such facts to the court of claims, whereupon
that court is empowered and authorized to determine the amount of such
claim or claims and award judgment therefor, the total of which in no
event shall exceed the amount received by the people upon the sale of
said real property pursuant to section two hundred four.
§ 3. Paragraph (d) of subdivision 1 of section 35.07 of the arts and
cultural affairs law is amended to read as follows:
(d) In any illegal, indecent, or immoral exhibition or practice; or in
the exhibition of any such child when mentally ill, [mentally retarded]
INTELLECTUALLY OR DEVELOPMENTALLY DISABLED, or when presenting the
appearance of any deformity or unnatural physical formation or develop-
ment; or
§ 4. Paragraph (a) of subdivision 3 of section 100 of the banking law,
as amended by chapter 115 of the laws of 1981, is amended to read as
follows:
(a) As guardian, receiver, trustee, committee or conservator of the
estate of any minor, mentally ill person, [mentally retarded] A person
WITH AN INTELLECTUAL OR DEVELOPMENTAL DISABILITY, person of unsound
mind, alcohol abuser or conservatee or in any other fiduciary capacity;
§ 5. Subdivision 3 of section 100-a of the banking law, as amended by
chapter 115 of the laws of 1981, is amended to read as follows:
3. Committee of incompetent or conservator of a conservatee. Any court
having jurisdiction to appoint a trustee, guardian, receiver, committee
of the estate of a mentally ill person, [mentally retarded] person WITH
AN INTELLECTUAL OR DEVELOPMENTAL DISABILITY or alcohol abuser or conser-
vator of the estate of a conservatee, or to make any fiduciary appoint-
ment, may appoint any trust company to be such trustee, guardian,
receiver, committee or conservator, or to act in any other fiduciary
capacity.
§ 6. Paragraph (d) of subdivision 1 and the opening paragraph subdivi-
sion 2 of section 330.20 of the criminal procedure law, paragraph (d) of
subdivision 1 as amended by chapter 672 of the laws of 2019 and the
opening paragraph of subdivision 2 as amended by chapter 693 of the laws
of 1989, are amended to read as follows:
(d) "Mentally ill" means that a defendant currently suffers from a
mental illness for which care and treatment as a patient, in the in-pa-
A. 7882 3
tient services of a psychiatric center under the jurisdiction of the
state office of mental health, is essential to such defendant's welfare
and that his OR HER judgment is so impaired that he is unable to under-
stand the need for such care and treatment; and, where a defendant [is
mentally retarded] HAS AN INTELLECTUAL OR DEVELOPMENTAL DISABILITY, the
term "mentally ill" shall also mean, for purposes of this section, that
the defendant is in need of care and treatment as a resident in the
in-patient services of a developmental center or other residential
facility for [the mentally retarded and developmentally disabled] INDI-
VIDUALS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES under the juris-
diction of the state office for people with developmental disabilities.
Upon entry of a verdict of not responsible by reason of mental disease
or defect, or upon the acceptance of a plea of not responsible by reason
of mental disease or defect, the court must immediately issue an exam-
ination order. Upon receipt of such order, the commissioner must desig-
nate two qualified psychiatric examiners to conduct the examination to
examine the defendant. In conducting their examination, the psychiatric
examiners may employ any method which is accepted by the medical profes-
sion for the examination of persons alleged to be suffering from a
dangerous mental disorder or to be mentally ill or [retarded] INTELLEC-
TUALLY OR DEVELOPMENTAL DISABLED. The court may authorize a psychia-
trist or psychologist retained by a defendant to be present at such
examination. The clerk of the court must promptly forward a copy of the
examination order to the mental hygiene legal service and such service
may thereafter participate in all subsequent proceedings under this
section.
§ 7. Section 251 of the debtor and creditor law, as amended by chapter
115 of the laws of 1981, is amended to read as follows:
§ 251. Authority for committee or conservator to compromise claims. A
court exercising jurisdiction over the property of a mentally ill
person, [mentally retarded] A person WITH AN INTELLECTUAL OR DEVELOP-
MENTAL DISABILITY, alcohol abuser or conservatee may, upon the applica-
tion of the committee of the property of such incompetent person or the
conservator of the conservatee, and for good and sufficient cause shown,
and upon such terms as it may direct, authorize the committee or conser-
vator to sell, compromise or compound any claim or debt belonging to the
estate of the incompetent person or conservatee. But such authority
shall not prevent any party interested in the trust estate, from showing
upon the final accounting of such committee or conservator that such
debt or claim was fraudulently or negligently sold, compounded or
compromised. The sale of any debt or claim heretofore made in good faith
by any such committee or conservator, shall be valid, subject, however,
to the approval of the court, and the committee or conservator shall be
charged with and liable for, as a part of the trust fund, any sum which
might or ought to have been collected by him.
§ 8. Section 252 of the debtor and creditor law, as amended by chapter
115 of the laws of 1981, is amended to read as follows:
§ 252. Payment by committee or conservator of claims. A committee of
the property of a person, incompetent by reason of mental illness,
[mental retardation] A DEVELOPMENTAL OR INTELLECTUAL DISABILITY or alco-
hol abuse, to manage his OR HER affairs, or a conservator of the proper-
ty of a conservatee, may, under direction of the court exercising juris-
diction of such estate, after payment of the expenses, disbursements and
commissions of such trust, apply so much of the funds and property of
said estate remaining in his OR HER hands as such committee or conserva-
tor, as may be necessary to pay and discharge the proper claims of cred-
A. 7882 4
itors who have presented claims pursuant to the notice in this article
provided for, to the payment of such claims, and if the property so
remaining be insufficient to pay such claims in full, then the committee
or conservator may distribute the same according to law among the credi-
tors who have presented and proved their claims as in this article
provided, and such payment, when so made in good faith and under direc-
tion of such court, shall relieve such committee or conservator and his
OR HER sureties from liability to creditors who have failed to present
their claims as in this article provided.
§ 9. The third undesignated paragraph of subdivision 1 of section 13-d
of the domestic relations law, as added by chapter 371 of the laws of
1986, is amended to read as follows:
Rubella infection poses a grave threat to the unborn child, especially
during the first four months of pregnancy. It can lead to miscarriage,
stillbirth, or one or all of the tragic defects such as deafness, blind-
ness, crippling congenital heart disease, [mental retardation] INTELLEC-
TUAL OR DEVELOPMENTAL DISABILITY and muscular and bone defects.
§ 10. Subdivision 5 of section 115 of the domestic relations law, as
amended by chapter 305 of the laws of 2008, is amended to read as
follows:
5. Where the petition alleges that either or both of the birth parents
of the child have been deprived of civil rights or are mentally ill or
[mentally retarded] INTELLECTUALLY OR DEVELOPMENTALLY DISABLED, proof
shall be submitted that such disability exists at the time of the
proposed adoption.
§ 11. Subdivision (c) of section 140 of the domestic relations law, as
amended by chapter 550 of the laws of 1978, is amended to read as
follows:
(c) Party a [mentally retarded] person WITH AN INTELLECTUAL OR DEVEL-
OPMENTAL DISABILITY or mentally ill person. An action to annul a
marriage on the ground that one of the parties thereto was a [mentally
retarded] person WITH AN INTELLECTUAL OR DEVELOPMENTAL DISABILITY may be
maintained at any time during the life-time of either party by any rela-
tive of a [mentally retarded] person WITH AN INTELLECTUAL OR DEVELOP-
MENTAL DISABILITY, who has an interest to avoid the marriage. An action
to annul a marriage on the ground that one of the parties thereto was a
mentally ill person may be maintained at any time during the continuance
of the mental illness, or, after the death of the mentally ill person in
that condition, and during the life of the other party to the marriage,
by any relative of the mentally ill person who has an interest to avoid
the marriage. Such an action may also be maintained by the mentally ill
person at any time after restoration to a sound mind; but in that case,
the marriage should not be annulled if it appears that the parties free-
ly cohabited as husband and wife after the mentally ill person was
restored to a sound mind. Where one of the parties to a marriage was a
mentally ill person at the time of the marriage, an action may also be
maintained by the other party at any time during the continuance of the
mental illness, provided the plaintiff did not know of the mental
illness at the time of the marriage. Where no relative of the [mentally
retarded] person WITH AN INTELLECTUAL OR DEVELOPMENTAL DISABILITY or
mentally ill person brings an action to annul the marriage and the
mentally ill person is not restored to sound mind, the court may allow
an action for that purpose to be maintained at any time during the life-
time of both the parties to the marriage, by any person as the next
friend of the [mentally retarded] person WITH AN INTELLECTUAL OR DEVEL-
OPMENTAL DISABILITY or mentally ill person.
A. 7882 5
§ 12. Section 142 of the domestic relations law, as amended by chapter
550 of the laws of 1978, is amended to read as follows:
§ 142. Dismissal of complaint in action by next friend to annul a
marriage. Where the next friend of an infant, [mentally retarded] person
WITH AN INTELLECTUAL OR DEVELOPMENTAL DISABILITY or mentally ill person
maintains an action annulling a marriage, the court may dismiss the
complaint if justice so requires, although, in a like case, the party to
the marriage, if plaintiff, would be entitled to judgment.
§ 13. Paragraph (g) of subdivision 1 of section 414 of the education
law, as amended by chapter 257 of the laws of 1976, is amended to read
as follows:
(g) For classes of instruction for [mentally retarded] minors WITH
INTELLECTUAL OR DEVELOPMENTAL DISABILITIES operated by a private organ-
ization approved by the commissioner [of education].
§ 14. The section heading and subdivisions 1, 2 and 3 of section
1004-a of the education law, the section heading and subdivisions 1 and
3 as amended by chapter 1014 of the laws of 1974 and subdivision 2 as
separately amended by chapters 474 and 475 of the laws of 1978, are
amended to read as follows:
Sheltered workshops for [the mentally retarded, mentally ill and
severely physically handicapped] INDIVIDUALS WITH INTELLECTUAL OR DEVEL-
OPMENTAL DISABILITIES, MENTAL ILLNESS OR A SEVERE PHYSICAL HANDICAP. 1.
Declaration of purpose. The conditions of [mental retardation] INTELLEC-
TUAL OR DEVELOPMENTAL DISABILITY, mental illness and severe physical
handicap are such that many young people, after laborious training in
the schools and otherwise, reach the point in their lives where they can
and should, under proper and continued guidance, engage in sheltered
employment. The effects of such employment are salutary in many ways.
The affected individual is helped to become a contributing member of
society. The state is saved the expense of his OR HER institutionaliza-
tion in already overcrowded state schools and facilities. The family
retains closer contact with him and is spared the anxieties naturally
attaching to separation and institutionalization. All of these factors
have also been shown to reflect tangible benefit upon [the mentally
retarded, mentally ill and severely physically handicapped person] INDI-
VIDUALS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES, MENTAL ILLNESS
OR A SEVERE PHYSICAL HANDICAP in improving his OR HER overall condition.
The purpose of this measure is to specifically encourage the develop-
ment, improvement and expansion of such sheltered employment facilities
by non-profit agencies, so that the salutary effects mentioned can be
expediently accomplished.
2. Special provisions relating to [mentally retarded, mentally ill and
severely physically handicapped persons] INDIVIDUALS WITH INTELLECTUAL
OR DEVELOPMENTAL DISABILITIES, MENTAL ILLNESS OR A SEVERE PHYSICAL HAND-
ICAP in extended sheltered employment in workshops. Notwithstanding any
other provision of this article, when it shall appear to the satisfac-
tion of the department that [a mentally retarded, mentally ill or
severely physically handicapped person] AN INDIVIDUAL WITH AN INTELLEC-
TUAL OR DEVELOPMENTAL DISABILITY, MENTAL ILLNESS OR A SEVERE PHYSICAL
HANDICAP over the chronological age of seventeen years can reasonably be
expected to benefit from, or in his OR HER best interests reasonably
requires extended sheltered employment in a workshop as defined in
SUBDIVISION EIGHT OF section ten hundred two[, subdivision eight of
article twenty-one] of this [chapter] ARTICLE, furnished by an approved
non-profit organization, the department is authorized to contract with
such organization for the furnishing of such sheltered employment to
A. 7882 6
such [mentally retarded, mentally ill or severely physically handicapped
person] INDIVIDUAL WITH AN INTELLECTUAL OR DEVELOPMENTAL DISABILITY,
MENTAL ILLNESS OR A SEVERE PHYSICAL HANDICAP; and the department is
further authorized to expend for such purpose a sum or sums not less
than one thousand five hundred dollars per annum for each such [mentally
retarded, mentally ill or severely physically handicapped person] INDI-
VIDUAL WITH AN INTELLECTUAL OR DEVELOPMENTAL DISABILITY, MENTAL ILLNESS
OR A SEVERE PHYSICAL HANDICAP, for or towards the cost of providing such
sheltered employment for each such [mentally retarded, mentally ill or
severely physically handicapped person] INDIVIDUAL WITH AN INTELLECTUAL
OR DEVELOPMENTAL DISABILITY, MENTAL ILLNESS OR A SEVERE PHYSICAL HAND-
ICAP.
The department shall pay at least quarterly during the state fiscal
year such sums as are authorized to such organizations for such shel-
tered employment immediately upon the completion of evaluation and
personal adjustment services under the sponsorship of the department.
3. The department shall maintain a register of such nonprofit organ-
izations which, after inspection of the facilities for sheltered employ-
ment provided by them, it deems qualified to meet the needs of such
[mentally retarded, mentally ill and severely physically handicapped
persons] INDIVIDUALS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES,
MENTAL ILLNESS OR A SEVERE PHYSICAL HANDICAP. Such inspection shall also
determine the eligibility of such organization to receive the funds
hereinbefore specified.
§ 15. The opening paragraph of subdivision 8-a of section 1950 of the
education law, as added by chapter 762 of the laws of 1972, is amended
to read as follows:
8-a. Notwithstanding any other provision of this section and with the
consent of the commissioner, the city school district of the city of
Syracuse may, upon consent of the board of cooperative educational
services for the sole supervisory district for Onondaga and Madison
counties, be included as a component district for the sole purpose of
operating a combined program and/or constructing a combined facility for
[the trainable mentally retarded] children WITH INTELLECTUAL OR DEVELOP-
MENTAL DISABILITIES in the city of Syracuse and the county of Onondaga.
Such city school district shall add an amount to its budget and levy,
collect and pay the same to such board of cooperative educational
services to defray the proportional expenses of constructing and operat-
ing such facility for such children. Such city school district shall not
be liable for payment of administrative expenses as provided for in
paragraph b of subdivision four of this section nor shall such city
school district be eligible for the payment of state aid under this
section except such city school district shall receive state aid based
on its proportionate share of building expenses related to this program
as determined by the commissioner.
§ 16. Paragraphs a and b, subparagraphs 1 and 2 of paragraph c, and
subparagraphs 1, 8 and 13 of paragraph d of subdivision 5 of section
3202 of the education law, paragraph a as added by chapter 47 of the
laws of 1977, and as renumbered by chapter 563 of the laws of 1980,
paragraph b as amended by section 26 of part B of chapter 57 of the laws
of 2007, subparagraphs 1 and 2 of paragraph c and subparagraphs 1 and 13
of paragraph d as amended by chapter 672 of the laws of 2019, and
subparagraph 8 of paragraph d as added by chapter 721 of the laws of
1979, and as renumbered by chapter 57 of the laws of 1993, are amended
to read as follows:
A. 7882 7
a. Children who reside in a school for [the mentally retarded] INDI-
VIDUALS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES operated by the
department of mental hygiene and for whom the department has assumed
responsibility for support and maintenance prior to July one, nineteen
hundred seventy-seven and who are placed in a family home at board, a
duly incorporated orphan asylum or other institution for the care,
custody and treatment of children shall be admitted to the schools of
the school district in which such family home or institution is located.
The [education] department is authorized to reimburse each school
district furnishing educational services to such children for the direct
cost of such services in accordance with regulations promulgated by the
commissioner and approved by the director of the budget. The educational
costs for these children shall not be otherwise aidable or reimbursable.
b. Children who reside in a school for [the mentally retarded] INDI-
VIDUALS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES operated by the
department of mental hygiene and for whose support and maintenance the
department assumes responsibility on or after July one, nineteen hundred
seventy-seven and who are thereafter placed in a family home at board, a
duly incorporated orphan asylum or other institution for the care,
custody and treatment of children shall be admitted to the schools of
the school district in which such family home or institution is located.
The [education] department is authorized to reimburse each school
district furnishing educational services to such children for the direct
cost of such services in accordance with regulations promulgated by the
commissioner and approved by the director of the budget. The educational
costs for these children shall not be otherwise aidable or reimbursable.
The school district in which the child resided at the time the depart-
ment of mental hygiene assumed responsibility for the support and main-
tenance of such child shall reimburse the education department for its
expenditure on behalf of such child in an amount equal to the school
district basic contribution, as such term is defined in subdivision
eight of section forty-four hundred one of this chapter. The comptroller
may deduct from any state funds which become due to a school district an
amount equal to the reimbursement required to be made by such school
district in accordance with this paragraph, and the amount so deducted
shall not be included in the operating expense of such district for the
purpose of computing the approved operating expense pursuant to para-
graph t of subdivision one of section thirty-six hundred two of this
chapter. The department of mental hygiene shall notify the [education]
department of the name of the child, the location of the family home or
institution where the child is to be placed and the name of the school
district in which such child resided at the time the department of
mental hygiene assumed responsibility for his or her support and mainte-
nance.
(1) The [education] department is authorized to reimburse each school
district furnishing educational services to children residing in schools
for [the mentally retarded] INDIVIDUALS WITH INTELLECTUAL OR DEVELOP-
MENTAL DISABILITIES operated by the office for people with developmental
disabilities for the direct cost of such services in accordance with
regulations promulgated by the commissioner and approved by the director
of the budget.
(2) The school district in which each such child resided at the time
the office for people with developmental disabilities assumed responsi-
bility for the support and maintenance of such child shall reimburse the
[education] department for its expenditures on behalf of such child, in
an amount equal to the school district basic contribution as such term
A. 7882 8
is defined in subdivision eight of section forty-four hundred one of
this chapter, for any such child admitted to a state school for [the
retarded] INDIVIDUALS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES on
or after July first, nineteen hundred seventy-eight. The comptroller may
deduct from any state funds which become due to a school district an
amount equal to the reimbursement required to be made by such school
district in accordance with this paragraph and the amount so deducted
shall not be included in the approved operating expense of such district
for the purpose of computing the approved operating expenses pursuant to
paragraph t of subdivision one of section thirty-six hundred two of this
chapter.
(1) Children who reside in an intermediate care facility for [the
mentally retarded] INDIVIDUALS WITH INTELLECTUAL OR DEVELOPMENTAL DISA-
BILITIES, other than a state operated school for [the mentally retarded]
INDIVIDUALS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES, as defined
in regulations of the office for people with developmental disabilities,
shall be admitted to the public schools, except as otherwise provided in
subparagraph fourteen of this paragraph. The trustees or board of
education of the school district in which such facility is located shall
receive such children in the school or schools of the district for
instruction and for the provision of necessary related services for a
compensation to be fixed by the trustees or board of education, unless
such trustees or board of education shall establish to the satisfaction
of the commissioner [of education] that there are valid and sufficient
reasons for refusal to receive such children. Evaluation of the educa-
tional needs of such children and placement in appropriate educational
programs shall be made in accordance with article eighty-nine of this
chapter.
(8) A board of education of a school district which receives notifica-
tion that a child has been placed in an intermediate care facility for
[the mentally retarded] INDIVIDUALS WITH INTELLECTUAL OR DEVELOPMENTAL
DISABILITIES may deny financial responsibility for any child by written
notice within twenty days of such notification to the school district
furnishing instruction and the intermediate care facility.
(13) The school district providing educational services to children
placed pursuant to this paragraph shall provide a report on the status
of each such child with a handicapping condition annually to the commit-
tee on special education of the school district in which the child
resided at the time of admission to the intermediate care facility for
[the mentally retarded] INDIVIDUALS WITH INTELLECTUAL OR DEVELOPMENTAL
DISABILITIES. Such report shall also be sent to the parent or guardian
of the child and the office for people with developmental disabilities.
§ 17. Subclause (iii) of clause (c) of subparagraph 4 of paragraph b
of subdivision 1 of section 4402 of the education law, as amended by
chapter 378 of the laws of 2007, is amended to read as follows:
(iii) where neither such agency exists in the locality, either the
area developmental disabilities services office, where the primary
reason the child is at risk of placement relates to [mental retardation]
AN INTELLECTUAL OR A DEVELOPMENTAL DISABILITY, or the local mental
health agency, where the primary reason the child is at risk of place-
ment relates to any other mental disability.
§ 18. Subclause (iii) of clause (c) of subparagraph 4 of paragraph b
of subdivision 1 of section 4402 of the education law, as amended by
chapter 600 of the laws of 1994, is amended to read as follows:
(iii) where neither such agency exists in the locality, either the
area developmental disabilities services office, where the primary
A. 7882 9
reason the child is at risk of placement relates to [mental retardation
or a] AN INTELLECTUAL OR A DEVELOPMENTAL DISABILITY, or the local mental
health agency, where the primary reason the child is at risk of place-
ment relates to any other mental disability.
§ 19. Subdivision 4 of section 4403 of the education law, as amended
by chapter 53 of the laws of 1986, is amended to read as follows:
4. To periodically inspect, report on the adequacy of and make recom-
mendations concerning instructional programs or special services for all
children with handicapping conditions who reside in or attend any state
operated or state financed social service facilities, youth facilities,
health facilities, mental health, [mental retardation] INTELLECTUAL and
developmental disabilities facilities or state correctional facilities.
§ 20. Section 4809 of the education law, as amended by chapter 550 of
the laws of 1978, is amended to read as follows:
§ 4809. Transfer of pupils. The board of managers shall have full
power to transfer to other institutions any child committed by a court
found to be incorrigible, not amenable to proper discipline and training
of the school, or [mentally retarded] LIVING WITH AN INTELLECTUAL OR
DEVELOPMENTAL DISABILITY, in the manner and by the methods prescribed
and set forth in the penal law.
§ 21. Paragraph a of subdivision 3 of section 6507 of the education
law, as amended by chapter 672 of the laws of 2019, is amended to read
as follows:
a. Establish standards for preprofessional and professional education,
experience and licensing examinations as required to implement the arti-
cle for each profession. Notwithstanding any other provision of law, the
commissioner shall establish standards requiring that all persons apply-
ing, on or after January first, nineteen hundred ninety-one, initially,
or for the renewal of, a license, registration or limited permit to be a
physician, chiropractor, dentist, registered nurse, podiatrist, optome-
trist, psychiatrist, psychologist, licensed master social worker,
licensed clinical social worker, licensed creative arts therapist,
licensed marriage and family therapist, licensed mental health counse-
lor, licensed psychoanalyst, dental hygienist, licensed behavior
analyst, or certified behavior analyst assistant shall, in addition to
all the other licensure, certification or permit requirements, have
completed two hours of coursework or training regarding the identifica-
tion and reporting of child abuse and maltreatment. The coursework or
training shall be obtained from an institution or provider which has
been approved by the department to provide such coursework or training.
The coursework or training shall include information regarding the phys-
ical and behavioral indicators of child abuse and maltreatment and the
statutory reporting requirements set out in sections four hundred thir-
teen through four hundred twenty of the social services law, including
but not limited to, when and how a report must be made, what other
actions the reporter is mandated or authorized to take, the legal
protections afforded reporters, and the consequences for failing to
report. Such coursework or training may also include information regard-
ing the physical and behavioral indicators of the abuse of individuals
with [mental retardation and other] INTELLECTUAL OR developmental disa-
bilities and voluntary reporting of abused or neglected adults to the
office for people with developmental disabilities or the local adult
protective services unit. Each applicant shall provide the department
with documentation showing that he or she has completed the required
training. The department shall provide an exemption from the child abuse
and maltreatment training requirements to any applicant who requests
A. 7882 10
such an exemption and who shows, to the department's satisfaction, that
there would be no need because of the nature of his or her practice for
him or her to complete such training;
§ 22. Subparagraph (i) of paragraph (a) of subdivision 1 of section
509 of the executive law, as added by chapter 659 of the laws of 1977
and renumbered by chapter 465 of the laws of 1992, is amended to read as
follows:
(i) that such child is [mentally ill or mentally retarded] LIVING WITH
MENTAL ILLNESS OR AN INTELLECTUAL OR DEVELOPMENTAL DISABILITY and will
substantially benefit from care and treatment in such a state school or
hospital; and
§ 23. Subdivision (b) of section 115 of the family court act, as
amended by chapter 281 of the laws of 1980, is amended to read as
follows:
(b) The family court has such other jurisdiction as is set forth in
this act, including jurisdiction over habeas corpus proceedings and over
applications for support, maintenance, a distribution of marital proper-
ty and custody in matrimonial actions when referred to the family court
by the supreme court, conciliation proceedings, and proceedings concern-
ing physically handicapped and [mentally defective or retarded] INTEL-
LECTUALLY OR DEVELOPMENTALLY DISABLED children.
§ 24. Item (i) of subparagraph (A) of paragraph 4 of subsection (a) of
section 3216 of the insurance law, as amended by chapter 219 of the laws
of 2011, is amended to read as follows:
(i) Any unmarried dependent child, regardless of age, who is incapable
of self-sustaining employment by reason of mental illness, INTELLECTUAL
OR developmental disability[, or mental retardation] as defined in the
mental hygiene law, or physical handicap and who became so incapable
prior to the age at which dependent coverage would otherwise terminate,
shall be included in coverage subject to any pre-existing conditions
limitation applicable to other dependents; or
§ 25. Subparagraph (A) of paragraph 4 and subparagraph (B) of para-
graph 5 of subsection (c) of section 3216 of the insurance law, subpara-
graph (A) of paragraph 4 as amended by chapter 93 of the laws of 1989,
and subparagraph (B) of paragraph 5 as amended by section 46-b of part D
of chapter 56 of the laws of 2013, are amended to read as follows:
(A) Coverage of an unmarried dependent child who is incapable of self-
sustaining employment by reason of mental illness, INTELLECTUAL OR
developmental disability, [or mental retardation,] as defined in the
mental hygiene law, or physical handicap and who became so incapable
prior to attainment of the age at which dependent coverage would other-
wise terminate and who is chiefly dependent upon such policyholder for
support and maintenance, shall not terminate while the policy remains in
force and the dependent remains in such condition, if the policyholder
has within thirty-one days of such dependent's attainment of the limit-
ing age submitted proof of such dependent's incapacity as described
herein.
(B) Written notice of entitlement to a conversion policy shall be
given by the insurer to the policyholder at least fifteen and not more
than sixty days prior to the termination of coverage due to the initial
limiting age of the covered dependent. Such notice shall include an
explanation of the rights of the dependent with respect to the dependent
being enrolled in an accredited institution of learning or his OR HER
incapacity for self-sustaining employment by reason of mental illness,
INTELLECTUAL OR developmental disability [or mental retardation] as
defined in the mental hygiene law or physical handicap.
A. 7882 11
§ 26. Item (ii) of subparagraph (A) of paragraph 1 of subsection (f)
of section 4235 of the insurance law, as amended by chapter 219 of the
laws of 2011, is amended to read as follows:
(ii) a policy under which coverage terminates at a specified age shall
not so terminate with respect to an unmarried child who is incapable of
self-sustaining employment by reason of mental illness, INTELLECTUAL OR
developmental disability, [mental retardation,] as defined in the mental
hygiene law, or physical handicap and who became so incapable prior to
attainment of the age at which coverage would otherwise terminate and
who is chiefly dependent upon such employee or member for support and
maintenance, while the insurance of the employee or member remains in
force and the child remains in such condition, if the insured employee
or member has within thirty-one days of such child's attainment of the
termination age submitted proof of such child's incapacity as described
herein.
§ 27. Item (ii) of subparagraph (A) of paragraph 1 and paragraph 3 of
subsection (d) of section 4304 of the insurance law, as amended by chap-
ter 219 of the laws of 2011, are amended to read as follows:
(ii) The coverage of any such "family contract" shall include any
other unmarried child, regardless of age, who is incapable of self-sus-
taining employment by reason of mental illness, INTELLECTUAL OR develop-
mental disability, [mental retardation,] as defined in the mental
hygiene law, or physical handicap and who became so incapable prior to
attainment of the age at which coverage would otherwise terminate.
(3) Coverage of an unmarried dependent child who is incapable of self-
sustaining employment by reason of mental illness, INTELLECTUAL OR
developmental disability [or mental retardation], as defined in the
mental hygiene law, or physical handicap and who became so incapable
prior to attainment of the age at which coverage would otherwise termi-
nate and who is chiefly dependent upon the contract holder for support
and maintenance, shall not terminate while the contract remains in force
and the child remains in such condition, if the contract holder has
within thirty-one days of such child's attainment of the limiting age
submitted proof of such child's incapacity as described herein.
§ 28. Item (ii) of subparagraph (A) of paragraph 1 of subsection (c)
of section 4305 of the insurance law, as amended by chapter 219 of the
laws of 2011, is amended to read as follows:
(ii) a contract under which coverage terminates at a specified age
shall, with respect to an unmarried child who is incapable of self-sus-
taining employment by reason of mental illness, INTELLECTUAL OR develop-
mental disability, [mental retardation,] as defined in the mental
hygiene law, or physical handicap and who became so incapable prior to
attainment of the age at which coverage would otherwise terminate and
who is chiefly dependent upon such member for support and maintenance,
not so terminate while the contract remains in force and the child
remains in such condition, if the member has within thirty-one days of
such child's attainment of the termination age submitted proof of such
child's incapacity as described herein.
§ 29. Paragraph a of subdivision 1 of section 35 of the judiciary law,
as amended by chapter 817 of the laws of 1986, is amended to read as
follows:
a. When a court orders a hearing in a proceeding upon a writ of habeas
corpus to inquire into the cause of detention of a person in custody in
a state institution, or when it orders a hearing in a civil proceeding
to commit or transfer a person to or retain him in a state institution
when such person is alleged to be mentally ill, mentally defective or a
A. 7882 12
narcotic addict, or when it orders a hearing for the commitment of the
guardianship and custody of a child to an authorized agency by reason of
the mental illness or [mental retardation] INTELLECTUAL OR DEVELOPMENTAL
DISABILITY of a parent, or when it orders a hearing to determine whether
consent to the adoption of a child shall be required of a parent who is
alleged to be mentally ill or [mentally retarded] INTELLECTUALLY OR
DEVELOPMENTALLY DISABLED, or when it orders a hearing to determine the
best interests of a child when the parent of the child revokes a consent
to the adoption of such child and such revocation is opposed or in any
adoption or custody proceeding if it determines that assignment of coun-
sel in such cases is mandated by the constitution of this state or of
the United States, the court may assign counsel to represent such person
if it is satisfied that he is financially unable to obtain counsel. Upon
an appeal taken from an order entered in any such proceeding, the appel-
late court may assign counsel to represent such person upon the appeal
if it is satisfied that he is financially unable to obtain counsel.
§ 30. The article heading of article 15 of title C of the mental
hygiene law, as renumbered by chapter 978 of the laws of 1977, is
amended to read as follows:
ADMISSION OF [THE MENTALLY RETARDED] PEOPLE WITH
INTELLECTUAL OR DEVELOPMENTAL DISABILITIES TO SCHOOLS
§ 31. Paragraphs 1 and 2 of subdivision (a) of section 41.17 of the
mental hygiene law, as amended by chapter 471 of the laws of 1980, are
amended to read as follows:
1. develop standards for admissions to all facilities for the care of
the mentally ill, [mentally retarded and] INTELLECTUALLY OR develop-
mentally disabled, and those suffering from the disease of alcoholism,
alcohol abuse, substance abuse or substance dependence consistent with
the requirements of articles nine[,] AND fifteen [and twenty-one] of
this chapter taking into account characteristics of clients and provid-
ers;
2. develop standards for discharges from all facilities for the care
of the mentally ill, [mentally retarded and] INTELLECTUALLY OR develop-
mentally disabled, and those suffering from the disease of alcoholism,
alcohol abuse, substance abuse or substance dependence taking into
account the availability and adequacy of community residential and
treatment services and the rights of the patient;
§ 32. Paragraph (i) of subdivision (b) of section 41.18 of the mental
hygiene law, as amended by chapter 376 of the laws of 1991, is amended
to read as follows:
(i) Local governments shall be granted state aid, in accordance with
the provisions of this subdivision, for approved net operating costs
pursuant to an approved local services plan at the rate of fifty percent
of the amount incurred during the local fiscal year by such local
governments and by voluntary agencies pursuant to contract with such
local governments; provided, however, that a local government having a
population of less than two hundred thousand shall be granted state aid
at the rate of seventy-five percent for the first one hundred thousand
dollars of its approved net operating costs. Notwithstanding the forego-
ing, local governments shall be granted state aid of one hundred percent
of the net operating costs expended by such local governments and by
voluntary agencies pursuant to contract with such local governments for
services to [mentally retarded or developmentally disabled persons]
PEOPLE WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES who were patients
in a state facility for a continuous period of five or more years
following the first day of January, nineteen hundred sixty-nine,
A. 7882 13
provided that such services are rendered in accordance with an approved
local services plan. Such one hundred percent state aid for services to
such persons shall be also provided to a voluntary agency pursuant to a
direct contract between such agency and an office of the department
whenever such services provided pursuant to such direct contract are
rendered in accordance with an approved local services plan for servic-
ing such clients. For purposes of determining whether a person has been
a patient in such a facility for a continuous period of five years or
more, if a person who has been discharged or released from such a facil-
ity is thereafter returned to such a facility within ninety days of the
discharge or release, the period of time between such discharge or
release and such return shall not constitute an interruption of, and
shall be counted as part of, the continuous period.
§ 33. The article heading of article 75 of title E of the mental
hygiene law is amended to read as follows:
COMMUNITY MENTAL HEALTH SERVICES AND [MENTAL
RETARDATION] DEVELOPMENTAL DISABILITIES
SERVICES COMPANIES
§ 34. Subdivisions 1, 2 and 4 of section 75.05 of the mental hygiene
law, subdivision 4 as amended by chapter 570 of the laws of 1982, are
amended to read as follows:
1. "Company", "community mental health services company" or "community
[mental retardation] DEVELOPMENTAL DISABILITIES services company". A
company, duly incorporated pursuant to the provisions of the not-for-
profit corporation law and this article, for the purpose of providing
for the care, treatment, training, education, and residence of the
mentally disabled, and such facilities as may be incidental or appurten-
ant thereto.
2. "Project", "community mental health services project" or "community
[mental retardation] DEVELOPMENTAL DISABILITIES services project". A
specific work or improvement, including lands, buildings, improvements,
fixtures, and articles of personal property, constructed, acquired,
reconstructed, rehabilitated, managed, owned, or operated by a company
pursuant to this article, to provide community residential facilities
for operation as hostels for the mentally disabled or for the care,
treatment, training, education of the mentally disabled, or both,
including such facilities as may be incidental or appurtenant thereto.
4. "Project cost", "community mental health services project cost" or
"community [mental retardation] DEVELOPMENTAL DISABILITIES services
project cost". The sum total of all costs incurred by a company as
approved by the commissioner as reasonable and necessary for carrying
out all works and undertakings and providing all necessary equipment for
the development of a project less any portion of any state, federal or
municipal assistance grant, as the commissioner shall, prior to the
making of a mortgage loan by the New York state housing finance agency
to a company, determine to be available to reimburse the company for the
payment of such project costs prior to the initial occupancy of the
project, and all costs relating to the refinancing of existing indebt-
edness associated with the development of the project which constitutes
a lien or other encumbrance upon the real property or assets of a compa-
ny to be mortgaged or otherwise pledged to the agency. These shall
include but are not necessarily limited to the carrying charges during
construction up to and including the occupancy date, working capital not
exceeding three per centum of the estimated total cost or three percen-
tum of the actual total final cost, whichever is larger, the cost of all
necessary studies, surveys, plans and specifications, architectural,
A. 7882 14
engineering, legal, or other special services, the cost of acquisition
of land and any improvements thereon, site preparation and development,
construction, reconstruction, rehabilitation, improvement and equipment,
including fixtures, equipment, and articles of personal property
required for the operation of care, treatment, training, educational,
and residential facilities, the reasonable cost of financing incurred by
the company in the course of the development of the project, up to and
including the occupancy date, the fees imposed by the commissioner and
by the New York state housing finance agency; other fees charged, and
necessary expenses incurred in connection with the initial occupancy of
the project, and the cost of such other items as the commissioner may
determine to be reasonable and necessary for the development of a
project, less any and all rents and other net revenues from the opera-
tion of the real property, improvements or personal property on the
project site, or any part thereof, by the company on and after the date
on which the contract between the company and the New York state housing
finance agency was entered into and prior to the occupancy date.
§ 35. Subdivision 1 of section 2581 of the public health law, as
amended by chapter 231 of the laws of 2010, is amended to read as
follows:
1. "Children with physical disabilities" means any persons under twen-
ty-one years of age who are disabled by reason of a defect or disabili-
ty, whether congenital or acquired by accident, injury, or disease, or
who are suffering from long-term disease, including, but without limit-
ing the generality of the foregoing, chronic granulomatous, cystic
fibrosis, epidermolysis bullosa, muscular dystrophy, nephrosis, rheumat-
ic fever and rheumatic heart disease, blood dyscrasies, cancer, lymphat-
ic diseases, including, but not limited to: insufficiency of lymphatic
circulatory function (to include all forms of lymphedema, both primary
and secondary); lipedema; complex vascular diseases of the lymphatic
vasculature, including lymphangiomatosis, lymphangioleio-myomatosis,
lymphangiectasias, lymphangiomas, cystic hygromas, Gorham's disease,
lymphangiosarcoma, and complex vascular/lymphatic malformations and
syndromes, brain injured, and chronic asthma, or from any disease or
condition likely to result in a disability in the absence of treatment,
provided, however, no child shall be deprived of a service under the
provisions of this chapter solely because of the degree of [mental
retardation] INTELLECTUAL OR DEVELOPMENTAL DISABILITY.
§ 36. The opening paragraph of subdivision 3 of section 2994-b of the
public health law, as amended by chapter 708 of the laws of 2019, is
amended to read as follows:
Prior to seeking or relying upon a health care decision by a surrogate
for a patient under this article, if the attending practitioner has
reason to believe that the patient has a history of receiving services
for [mental retardation] AN INTELLECTUAL or a developmental disability;
it reasonably appears to the attending practitioner that the patient has
[mental retardation] AN INTELLECTUAL or a developmental disability; or
the practitioner has reason to believe that the patient has been trans-
ferred from a mental hygiene facility operated or licensed by the office
of mental health, then such physician, nurse practitioner or physician
assistant shall make reasonable efforts to determine whether paragraphs
(a), (b) or (c) of this subdivision are applicable:
§ 37. The section heading and subdivision 1 of section 34 of the
public lands law, as amended by chapter 703 of the laws of 1994, are
amended to read as follows:
A. 7882 15
Transfer of unappropriated state lands for mental health, [mental
retardation] DEVELOPMENTAL DISABILITIES, park, recreation, playground,
reforestation, street or highway purposes. 1. Such commissioner of
general services may, from time to time, transfer and convey to a city,
incorporated village, town or county, in consideration of one dollar to
be paid to the state of New York, and on such terms and conditions as
such commissioner may impose, a part or all of any parcel or parcels of
unappropriated state lands upon certification that such parcel or
parcels are useful for local mental health facilities, [mental retarda-
tion] DEVELOPMENTAL DISABILITIES facilities, park, recreation, play-
ground, reforestation, street or highway purposes, and that they will be
properly improved and maintained for one or more of such purposes and
provided that this disposition of such parcel or parcels is not other-
wise prohibited. Certification shall be evidenced by a formal request
from the board of estimate, common council, village board, town board or
county board of supervisors, setting forth in detail the parcel or
parcels to be released, transferred and conveyed and the availability
and usefulness of such parcel or parcels for one or more of such
purposes. In the city of New York however, certification shall be
evidenced by a formal request from the mayor. In the event that lands
transferred under the provisions of this section are not properly
improved and maintained for one or more of the purposes contemplated by
this section by the city, village, town or county to which they were
transferred, the title thereto shall revert to the people of the state
of New York, and the attorney-general may institute an action in the
supreme court for a judgment declaring a revesting of such title in the
state. Such commissioner may also transfer any unappropriated state
lands to the office of parks, recreation and historic preservation or
the department of environmental conservation, upon the application of
the commissioner thereof indicating that such unappropriated state lands
are required for state park purposes within the area of jurisdiction of
such office or department.
§ 38. Subdivision 8 of section 41 of the private housing finance law,
as amended by chapter 264 of the laws of 1970, is amended to read as
follows:
8. Prompt provision of new and improved community mental health and
[mental retardation] DEVELOPMENTAL DISABILITIES facilities is required
for the care and treatment of the increasing number of persons afflicted
with mental illness, mental deficiencies, epilepsy and behavior or
emotional disorders; that such facilities should be located close to the
people they serve in order to speed rehabilitation and restoration and
to provide for out-patient and in-patient care, including after care,
diagnostic and rehabilitative services and residential accommodations
for operation as hostels; that it is the policy of the state to promote
the provision of such community mental health and [mental retardation]
DEVELOPMENTAL DISABILITIES facilities; that there is a need for non-pro-
fit corporations to construct low cost community mental health and
[mental retardation] DEVELOPMENTAL DISABILITIES facilities. In order to
encourage the investment of private capital in such community mental
health and [mental retardation] DEVELOPMENTAL DISABILITIES facilities,
and to assure the expeditious completion of such community mental health
and [mental retardation] DEVELOPMENTAL DISABILITIES facilities, the New
York state housing finance agency should be empowered, through the issu-
ance of its bonds, notes or other obligations to the private investing
public, to obtain funds necessary to make mortgage loans, at low inter-
est rates, to non-profit corporations for the construction, acquisition,
A. 7882 16
reconstruction, rehabilitation or improvement of such mental health and
[mental retardation] DEVELOPMENTAL DISABILITIES facilities.
§ 39. Subdivisions 6-d, 14 and 14-a of section 42 of the private hous-
ing finance law, subdivision 6-d as added by chapter 380 of the laws of
1972, subdivision 14 as amended by chapter 281 of the laws of 1970 and
subdivision 14-a as added by chapter 570 of the laws of 1982, are
amended to read as follows:
6-d. "Mortgage loan" shall also mean a loan made by the agency to a
company incorporated pursuant to the provisions of [article eight-B of
the mental hygiene law and] the not-for-profit corporation law in an
amount not to exceed the total community mental health services project
cost or community [mental retardation] DEVELOPMENTAL DISABILITIES
services project cost, and secured by a first mortgage lien on the real
property of which the community mental health services project or commu-
nity [mental retardation] DEVELOPMENTAL DISABILITIES services project
consists and the personal property attached to or used in connection
with the construction, acquisition, reconstruction, rehabilitation,
improvement or operation of the community mental health services project
or community [mental retardation] DEVELOPMENTAL DISABILITIES services
project. "Community mental health services company," "community [mental
retardation] DEVELOPMENTAL DISABILITIES services company," "community
mental health services project cost," "community [mental retardation]
DEVELOPMENTAL DISABILITIES services project cost," "community mental
health services project" and "community [mental retardation] DEVELOP-
MENTAL DISABILITIES services project" shall mean community mental health
services company, community [mental retardation] DEVELOPMENTAL DISABILI-
TIES services company, community mental health services project cost,
community [mental retardation] DEVELOPMENTAL DISABILITIES services
project cost, community mental health services project and community
[mental retardation] DEVELOPMENTAL DISABILITIES services project,
respectively[, as defined in article eight-B of the mental hygiene law].
14. "Community mental health services and [mental retardation] DEVEL-
OPMENTAL DISABILITIES services project bonds" and "community mental
health services and [mental retardation] DEVELOPMENTAL DISABILITIES
services project notes" shall mean bonds and notes, respectively, issued
by the agency for the purposes of making mortgage loans to companies
incorporated pursuant to the not-for-profit corporation law [and article
eight-B of the mental hygiene law], paying interest on such bonds and
notes, establishing reserves to secure such bonds and notes, and paying
of all other expenditures of the agency incident to and necessary or
convenient for the making of such mortgage loans.
14-a. "Community mental health services and [mental retardation]
DEVELOPMENTAL DISABILITIES services project revenue bonds" and "communi-
ty mental health services and [mental retardation] DEVELOPMENTAL DISA-
BILITIES services project revenue notes" shall mean bonds and notes,
respectively, issued by the agency for the purpose of making mortgage
loans to companies incorporated pursuant to the not-for-profit corpo-
ration law and article seventy-five OF TITLE E of the mental hygiene
law, paying interest on such bonds and notes, establishing reserves to
secure such bonds and notes, and paying of all other expenditures of the
agency incident to and necessary or convenient for the making of such
mortgage loans.
§ 40. Paragraphs (a) and (d) of subdivision 15 of section 44 of the
private housing finance law, as amended by chapter 195 of the laws of
1973, are amended to read as follows:
A. 7882 17
(a) Subject to the approval of the commissioner and to the provisions
of any contract with noteholders or bondholders, except with any holders
of hospital and nursing home project bonds or notes or youth facilities
project bonds or notes, or community mental health services and [mental
retardation] DEVELOPMENTAL DISABILITIES services project bonds or notes,
whenever it deems it necessary or desirable in the fulfillment of the
purposes of this article, to consent to the modification, with respect
to rate of interest, time of payment of any installment of principal or
interest, security, or any other term, of any mortgage, mortgage loan,
mortgage loan commitment, contract or agreement of any kind to which the
agency is a party, except such mortgages, mortgage loans, mortgage loan
commitments, contracts or agreements as may have been entered into with
hospital corporations which are eligible borrowers as defined in article
twenty-eight-B of the public health law, nursing home companies or non-
profit corporations which are eligible borrowers as defined in title
five-A of article six of the social services law or companies incorpo-
rated pursuant to the not-for-profit corporation law and article seven-
ty-five of the mental hygiene law;
(d) Subject to the provisions of any contract with holders of communi-
ty mental health services and [mental retardation] DEVELOPMENTAL DISA-
BILITIES services project bonds or notes, whenever it deems it necessary
or desirable in the fulfillment of the purposes of this article, to
consent to the modification, with respect to rate of interest, time of
payment of any installment of principal or interest, security, or any
other term of any mortgage, mortgage loan, mortgage loan commitment,
contract or agreement of any kind between the agency and a company
incorporated pursuant to the not-for-profit corporation law and article
seventy-five of the mental hygiene law.
§ 41. Paragraphs (a), (b), (c) and (d) of subdivision 1, subdivision
2, paragraphs (a), (b), (c) and (d) of subdivision 12, subdivision 13
and paragraphs (a), (b) and (c) of subdivision 16 of section 47 of the
private housing finance law, paragraphs (a), (b) and (d) of subdivision
1 and subdivision 2 as amended by chapter 215 of the laws of 1990, para-
graph (c) of subdivision 1 as amended by chapter 127 of the laws of
2019, paragraphs (a) and (d) of subdivision 12 as amended by chapter 365
of the laws of 1973 and subdivision 13 as amended by chapter 195 of the
laws of 1973, paragraphs (b) and (c) of subdivision 12 as amended by
chapter 38 of the laws of 1976 and paragraphs (a), (b) and (c) of subdi-
vision 16 as added by chapter 570 of the laws of 1982, are amended to
read as follows:
(a) The agency shall create and establish a special fund (herein
referred to as capital reserve fund), and shall pay into such capital
reserve fund (1) any monies appropriated and made available by the state
for the purposes of such fund, (2) any proceeds of sale of notes or
bonds other than state university construction notes or state university
construction bonds, equity notes or equity bonds, non-profit project
notes or non-profit project bonds, hospital and nursing home project
notes or hospital and nursing home project bonds, urban rental project
notes or urban rental project bonds, health facilities notes or health
facilities bonds, youth facilities project notes or youth facilities
project bonds, community mental health services and [mental retardation]
DEVELOPMENTAL DISABILITIES services project notes or community mental
health services and [mental retardation] DEVELOPMENTAL DISABILITIES
services project bonds, community senior citizens services project notes
or community senior citizens services project bonds, mental hygiene
improvement notes or mental hygiene improvement bonds and revenue hous-
A. 7882 18
ing bonds, and bonds and notes for the housing program to the extent
provided in the resolution of the agency authorizing the issuance there-
of, and (3) any other moneys which may be made available to the agency
for the purpose of such fund from any other source or sources. All
moneys held in the capital reserve fund, except as hereinafter provided,
shall be used solely for the payment of the principal of bonds of the
agency other than state university construction bonds, equity bonds,
non-profit project bonds, hospital and nursing home project bonds, urban
rental project bonds, health facilities bonds, youth facilities project
bonds, community mental health services and [mental retardation] DEVEL-
OPMENTAL DISABILITIES services project bonds, community senior citizens
services project bonds, mental hygiene improvement bonds and revenue
housing bonds, and bonds and notes for the housing program as the same
mature, required payments to any sinking fund established in a resol-
ution of the agency for the amortization of term bonds (hereinafter
referred to as "sinking fund payments"), the purchase or redemption of
bonds of the agency other than state university construction bonds,
equity bonds, non-profit project bonds, hospital and nursing home
project bonds, urban rental project bonds, health facilities bonds,
youth facilities project bonds, community mental health services and
[mental retardation] DEVELOPMENTAL DISABILITIES services project bonds,
community senior citizens services project bonds, mental hygiene
improvement bonds and revenue housing bonds, and bonds and notes for the
housing program the payment of interest on such bonds of the agency or
the payment of any redemption premium required to be paid when such
bonds are redeemed prior to maturity; provided, however, that monies in
such fund shall not be withdrawn therefrom at any time in such amount as
would reduce the amount of such fund to less than the maximum amount of
principal and interest maturing and becoming due and sinking fund
payments required to be made in any succeeding calendar year on all
bonds of the agency then outstanding other than state university
construction bonds, equity bonds, non-profit project bonds, hospital and
nursing home project bonds, urban rental project bonds, health facili-
ties bonds, youth facilities project bonds, community mental health
services and [mental retardation] DEVELOPMENTAL DISABILITIES services
project bonds, community senior citizens services project bonds, mental
hygiene improvement bonds and revenue housing bonds and bonds and notes
for the housing program, except for the purpose of paying principal of,
interest and sinking fund payments becoming due on such bonds of the
agency maturing and becoming due and for the payment of which other
moneys of the agency are not available. For the purposes of this subdi-
vision [one], in computing the maximum amount of principal maturing at a
single future date (herein called "term bonds") in any succeeding calen-
dar year, the principal amount of any such term bonds which are subject
to mandatory redemption prior to such future date by sinking fund
payments shall not be included in the computation determining the maxi-
mum amount of principal maturing in said future year. Any income or
interest earned by, or increment to, the capital reserve fund due to the
investment thereof may be transferred by the agency to the general
reserve fund or other fund of the agency to the extent it does not
reduce the amount of the capital reserve fund below the maximum amount
of principal and interest maturing and becoming due and sinking fund
payments required to be made in any succeeding calendar year on all such
bonds of the agency then outstanding other than state university
construction bonds, equity bonds, non-profit project bonds, hospital and
nursing home project bonds, urban rental project bonds, health facili-
A. 7882 19
ties bonds, youth facilities project bonds, community mental health
services and [mental retardation] DEVELOPMENTAL DISABILITIES services
project bonds, community senior citizens services project bonds, mental
hygiene improvement bonds and revenue housing bonds and bonds and notes
for the housing program.
(b) The agency shall not issue bonds other than state university
construction bonds, equity bonds, non-profit project bonds, hospital and
nursing home project bonds, urban rental project bonds, health facili-
ties bonds, youth facilities project bonds, community mental health
services and [mental retardation] DEVELOPMENTAL DISABILITIES services
project bonds, community senior citizens services project bonds, mental
hygiene improvement bonds and revenue housing bonds and bonds and notes
for the housing program at any time secured by the capital reserve fund
if the maximum amount of principal and interest maturing and becoming
due and sinking fund payments required to be made in a succeeding calen-
dar year on such bonds then to be issued and on all other bonds of the
agency then outstanding other than state university construction bonds,
equity bonds, non-profit project bonds, hospital and nursing home
project bonds, urban rental project bonds, health facilities bonds,
youth facilities project bonds, community mental health services and
[mental retardation] DEVELOPMENTAL DISABILITIES services project bonds,
community senior citizens services project bonds, mental hygiene
improvement bonds and revenue housing bonds and bonds and notes for the
housing program will exceed the amount of the capital reserve fund at
the time of issuance unless the agency, at the time of issuance of such
bonds, shall deposit in such fund from the proceeds of the bonds so to
be issued, or otherwise, an amount which, together with the amount then
in such fund, will be not less than the maximum amount of principal and
interest maturing and becoming due and sinking fund payments required to
be made in any succeeding calendar year on such bonds then to be issued
and on all other bonds of the agency then outstanding other than state
university construction bonds, equity bonds, non-profit project bonds,
hospital and nursing home project bonds, urban rental project bonds,
health facilities bonds, youth facilities project bonds, community
mental health services and [mental retardation] DEVELOPMENTAL DISABILI-
TIES services project bonds, community senior citizens services project
bonds, mental hygiene improvement bonds and revenue housing bonds and
bonds and notes for the housing program.
(c) The agency shall not issue bonds and notes other than state
university construction bonds and state university construction notes,
hospital and nursing home project bonds and hospital and nursing home
project notes, health facilities bonds and health facilities notes,
youth facilities project bonds and youth facilities project notes,
community mental health services and [mental retardation] DEVELOPMENTAL
DISABILITIES services project bonds and community mental health services
and [mental retardation] DEVELOPMENTAL DISABILITIES services project
notes, community senior citizens services project notes or community
senior citizens services project bonds and mental hygiene improvement
bonds and mental hygiene improvement notes and bonds and notes for the
housing program for any of its corporate purposes in an aggregate prin-
cipal amount exceeding twenty-nine billion two hundred eighty million
dollars, excluding bonds and notes issued to refund outstanding bonds
and notes.
(d) To assure the continued operation and solvency of the agency for
the carrying out of the public purposes of this article, provision is
made in paragraph (a) of this subdivision for the accumulation in the
A. 7882 20
capital reserve fund of an amount equal to the maximum amount of princi-
pal and interest maturing and becoming due and sinking fund payments
required to be made in any succeeding calendar year on all bonds of the
agency then outstanding other than state university construction bonds,
equity bonds, non-profit project bonds, hospital and nursing home
project bonds, urban rental project bonds, health facilities bonds,
youth facilities project bonds, community mental health services and
[mental retardation] DEVELOPMENTAL DISABILITIES services project bonds,
community senior citizens services project bonds, mental hygiene
improvement bonds and revenue housing bonds and bonds and notes for the
housing program. In order further to assure such maintenance of the
capital reserve fund, there shall be annually apportioned and paid to
the agency for deposit in the capital reserve fund such sum, if any, as
shall be certified by the chairman of the agency to the governor and
director of the budget as necessary to restore the capital reserve fund
to an amount equal to the maximum amount of principal and interest
maturing and becoming due and sinking fund payments required to be made
in any succeeding calendar year on the bonds of the agency then
outstanding other than state university construction bonds, equity
bonds, non-profit project bonds, hospital and nursing home project
bonds, urban rental project bonds, health facilities bonds, youth facil-
ities project bonds, community mental health services and [mental retar-
dation] DEVELOPMENTAL DISABILITIES services project bonds, community
senior citizens services project bonds, mental hygiene improvement bonds
and revenue housing bonds and bonds and notes for the housing program.
The chairman of the agency shall annually, on or before December first,
make and deliver to the governor and director of the budget his certif-
icate stating the amount, if any, required to restore the capital
reserve fund to the amount aforesaid and the amount so stated, if any,
shall be apportioned and paid to the agency during the then current
state fiscal year. The principal amount of bonds secured by the capital
reserve fund to which state funds are apportionable pursuant to this
paragraph shall be limited to the total amount of bonds and notes
outstanding on the effective date of this act, plus the total amount of
bonds and notes contracted after the effective date of this act to
finance projects in progress on the effective date of this act as deter-
mined by the New York state public authorities control board created
pursuant to section fifty of the public authorities law whose affirma-
tive determination shall be conclusive as to all matters of law and fact
solely for the purposes of the limitations contained in this paragraph,
but in no event shall the total amount of bonds so secured by such a
capital reserve fund or funds exceed three hundred thirty-eight million
dollars, excluding bonds issued to refund such outstanding bonds until
the date of redemption of such outstanding bonds. As outstanding bonds
so secured are paid, the amount so secured shall be reduced accordingly
but the redemption of such outstanding bonds from the proceeds of
refunding bonds shall not reduce the amount so secured.
2. The agency shall create and establish a special fund (herein
referred to as general reserve fund) and shall pay into such fund all
fees and charges collected by the agency pursuant to paragraph (a) of
subdivision eleven of section forty-four of this article, or otherwise,
other than fees and charges collected in connection with the making of
mortgage loans (or commitments therefor) to mutual companies, non-profit
companies, urban rental companies or community development corporations,
and any monies which the agency shall transfer from the capital reserve
fund pursuant to the provisions of paragraph (a) of subdivision one of
A. 7882 21
this section. Such monies and any other monies paid into the general
reserve fund may, in the discretion of the agency but subject to agree-
ments with bondholders and noteholders, be used by the agency (a) for
the repayment of advances from the state in accordance with the
provisions of repayment agreements between the agency and the director
of the budget, (b) to reimburse the division of housing and community
renewal the reasonable costs of the services performed by the commis-
sioner of housing and community renewal and division of housing and
community renewal pursuant to section fifty-five of this article, (c) to
pay all costs, expenses and charges of financing, including fees and
expenses of trustees and paying agents, (d) for transfers to the capital
reserve fund, (e) for the payment of the principal of and interest on
bonds or notes other than state university construction bonds or state
university construction notes, equity bonds or equity notes, non-profit
project bonds or non-profit project notes, hospital and nursing home
project bonds or hospital and nursing home project notes, urban rental
project bonds or urban rental project notes, health facilities bonds or
health facilities notes, youth facilities project bonds or youth facili-
ties project notes, community mental health services and [mental retar-
dation] DEVELOPMENTAL DISABILITIES services project bonds or community
mental health services and [mental retardation] DEVELOPMENTAL DISABILI-
TIES services project notes, community senior citizens services project
notes or community senior citizens services project bonds, mental
hygiene improvement bonds or mental hygiene improvement notes and reven-
ue housing bonds and bonds and notes for the housing program issued by
the agency when the same shall become due whether at maturity or on call
for redemption and for the payment of any redemption premium required to
be paid where such bonds or notes are redeemed prior to their stated
maturities, and to purchase bonds or notes other than state university
construction bonds or state university construction notes, equity bonds
or equity notes, non-profit project bonds or non-profit project notes,
hospital and nursing home project bonds or hospital and nursing home
project notes, urban rental project bonds or urban rental project notes,
health facilities bonds or health facilities notes, youth facilities
project bonds or youth facilities project notes, community mental health
services and [mental retardation] DEVELOPMENTAL DISABILITIES services
project bonds or community mental health services and [mental retarda-
tion] DEVELOPMENTAL DISABILITIES services project notes, community
senior citizens services project notes or community senior citizens
services project bonds, mental hygiene improvement bonds or mental
hygiene improvement notes and revenue housing bonds and bonds and notes
for the housing program issued by the agency, or (f) for such other
corporate purposes of the agency as the agency in its discretion shall
determine and provide.
(a) The agency may create and establish a special fund to be known as
community mental health services and [mental retardation] DEVELOPMENTAL
DISABILITIES services capital reserve fund and may pay into such reserve
funds (1) any monies appropriated and made available by the state for
the purposes of such funds, (2) any proceeds of sale of community mental
health services and [mental retardation] DEVELOPMENTAL DISABILITIES
services project notes or community mental health services and [mental
retardation] DEVELOPMENTAL DISABILITIES services project bonds, to the
extent provided in the resolution of the agency authorizing the issuance
thereof, and (3) any other monies which may be made available to the
agency for the purposes of such accounts from any other source or sourc-
es. The monies held in or credited to the capital reserve fund estab-
A. 7882 22
lished under this subdivision except as hereinafter provided, shall be
used solely for the payment of principal of community mental health
services and [mental retardation] DEVELOPMENTAL DISABILITIES services
project bonds of the agency secured by such reserve fund, as the same
mature, the purchase of such community mental health services and
[mental retardation] DEVELOPMENTAL DISABILITIES services project bonds
of the agency, the payment of interest on such community mental health
services and [mental retardation] DEVELOPMENTAL DISABILITIES services
project bonds of the agency, or the payment of any redemption premium
required to be paid when such bonds are redeemed prior to maturity;
provided, however, that monies in any such fund shall not be withdrawn
therefrom at any time in such amount as would reduce the amount of such
fund to less than the maximum amount of principal and interest maturing
and becoming due in any succeeding calendar year on the community mental
health services and [mental retardation] DEVELOPMENTAL DISABILITIES
services project bonds of the agency then outstanding and secured by
such reserve fund, except for the purpose of paying principal and inter-
est on community mental health services and [mental retardation] DEVEL-
OPMENTAL DISABILITIES services project bonds of the agency secured by
such reserve fund maturing and becoming due and for the payment of which
other monies of the agency are not available. Any income or interest
earned by, or increment to, any such community mental health services
and [mental retardation] DEVELOPMENTAL DISABILITIES services capital
reserve fund due to the investment thereof may be transferred to the
community mental health services and [mental retardation] DEVELOPMENTAL
DISABILITIES services general reserve fund or other fund of the agency,
to the extent it does not reduce the amount of such community mental
health services and [mental retardation] DEVELOPMENTAL DISABILITIES
services capital reserve fund below the maximum amount of principal and
interest maturing and becoming due in any succeeding calendar year on
all community mental health services and [mental retardation] DEVELOP-
MENTAL DISABILITIES services project bonds of the agency then outstand-
ing and secured by such reserve fund.
(b) The agency shall not issue community mental health services and
[mental retardation] DEVELOPMENTAL DISABILITIES services project bonds
and notes in an aggregate principal amount exceeding one hundred million
dollars excluding community mental health services and [mental retarda-
tion] DEVELOPMENTAL DISABILITIES services project bonds and community
mental health services and [mental retardation] DEVELOPMENTAL DISABILI-
TIES services project notes issued to refund outstanding community
mental health services and [mental retardation] DEVELOPMENTAL DISABILI-
TIES services project bonds and community mental health services and
[mental retardation] DEVELOPMENTAL DISABILITIES services project notes,
nor shall it issue community mental health services and [mental retarda-
tion] DEVELOPMENTAL DISABILITIES services project bonds at any time
secured by the community mental health services and [mental retardation]
DEVELOPMENTAL DISABILITIES services capital reserve fund if the maximum
amount of principal and interest maturing and becoming due in a succeed-
ing calendar year on the community mental health services and [mental
retardation] DEVELOPMENTAL DISABILITIES services project bonds outstand-
ing and then to be issued and secured by the community mental health
services and [mental retardation] DEVELOPMENTAL DISABILITIES services
capital reserve fund will exceed the amount of such reserve fund at the
time of issuance, unless the agency, at the time of issuance of such
bonds, shall deposit in such reserve fund from the proceeds of the bonds
so to be issued, or otherwise, an amount which together with the amount
A. 7882 23
then in such reserve fund, will be not less than the maximum amount of
principal and interest maturing and becoming due in any succeeding
calendar year on the community mental health services and [mental retar-
dation] DEVELOPMENTAL DISABILITIES services project bonds then to be
issued and on all other community mental health services and [mental
retardation] DEVELOPMENTAL DISABILITIES services project bonds of the
agency then outstanding and secured by such reserve fund.
(c) To assure the continued operation and solvency of the agency for
the carrying out of the public purposes of this article provision is
made in paragraph (a) of this subdivision for the accumulation in the
community mental health services and [mental retardation] DEVELOPMENTAL
DISABILITIES services capital reserve fund of an amount equal to the
maximum amount of principal and interest maturing and becoming due in
any succeeding calendar year on all community mental health services and
[mental retardation] DEVELOPMENTAL DISABILITIES services project bonds
of the agency then outstanding and secured by such reserve fund. In
order further to assure the maintenance of such community mental health
services and [mental retardation] DEVELOPMENTAL DISABILITIES services
capital reserve fund, there shall be annually apportioned and paid to
the agency for deposit in such community mental health services and
[mental retardation] DEVELOPMENTAL DISABILITIES services capital reserve
fund such sum, if any, as shall be certified by the chairman of the
agency to the governor and director of the budget as necessary to
restore such reserve fund to an amount equal to the maximum amount of
principal and interest maturing and becoming due in any succeeding
calendar year on the community mental health services and [mental retar-
dation] DEVELOPMENTAL DISABILITIES services project bonds of the agency
then outstanding and secured by such reserve fund. The chairman of the
agency shall annually, on or before December first, make and deliver to
the governor and director of the budget his OR HER certificate stating
the sums, if any, required to restore such community mental health
services and [mental retardation] DEVELOPMENTAL DISABILITIES services
capital reserve fund to the amount aforesaid, and the sums so certified,
if any, shall be apportioned and paid to the agency during the then
current state fiscal year. The principal amount of bonds secured by the
community mental health services and [mental retardation] DEVELOPMENTAL
DISABILITIES services capital reserve fund to which state funds are
apportionable pursuant to this paragraph shall be limited to the total
amount of bonds and notes outstanding on the effective date of this act,
plus the total amount of bonds and notes contracted after the effective
date of this act to finance projects in progress on the effective date
of this act as determined by the New York state public authorities
control board created pursuant to section fifty of the public authori-
ties law whose affirmative determination shall be conclusive as to all
matters of law and fact solely for the purposes of the limitations
contained in this paragraph, but in no event shall the total amount of
bonds so secured by such a capital reserve fund or funds exceed thirteen
million dollars, excluding bonds issued to refund such outstanding bonds
until the date of redemption of such outstanding bonds. As outstanding
bonds so secured are paid, the amount so secured shall be reduced
accordingly but the redemption of such outstanding bonds from the
proceeds of refunding bonds shall not reduce the amount so secured.
(d) In computing any community mental health services and [mental
retardation] DEVELOPMENTAL DISABILITIES services capital reserve fund
for the purposes of this section, securities in which all or a portion
A. 7882 24
of such reserve fund shall be invested shall be valued at par if
purchased at par, or if purchased at other than par, at amortized value.
13. The agency shall create and establish a special fund (herein
referred to as community mental health services and [mental retardation]
DEVELOPMENTAL DISABILITIES services general reserve fund) and shall pay
into such fund all fees and charges collected by the agency pursuant to
paragraph (c) of subdivision eleven of section forty-four of this arti-
cle and any monies which the agency shall transfer from the community
mental health services and [mental retardation] DEVELOPMENTAL DISABILI-
TIES services capital reserve fund pursuant to the provisions of para-
graph (a) of subdivision ten of this section. Such monies and any other
monies paid into the community mental health services and [mental retar-
dation] DEVELOPMENTAL DISABILITIES services general reserve fund may, in
the discretion of the agency, but subject to agreements with bondholders
and noteholders, be used by the agency (a) for the repayment of advances
from the state in accordance with the provisions of repayment agreements
between the agency and the director of the budget, (b) to reimburse the
department of mental hygiene the reasonable costs of the services
performed by the commissioner of mental hygiene and the department of
mental hygiene pursuant to subdivision four of section fifty-five of
this article, including the reasonable costs of such services performed
by the health and mental hygiene facilities improvement corporation upon
request by the commissioner of mental hygiene pursuant to the provisions
of section 75.25 of the mental hygiene law, (c) to pay all costs,
expenses and charges of financing, including fees and expenses of trus-
tees and paying agents, (d) for transfers to the community mental health
services and [mental retardation] DEVELOPMENTAL DISABILITIES services
capital reserve fund, (e) for the payment of principal of and interest
on community mental health services and [mental retardation] DEVELOP-
MENTAL DISABILITIES services project bonds and notes issued by the agen-
cy when the same shall become due whether at maturity or on call for
redemption and for the payment of any redemption premium required to be
paid where such community mental health services and [mental retarda-
tion] DEVELOPMENTAL DISABILITIES services project bonds and notes are
redeemed prior to their stated maturities and to purchase community
mental health services and [mental retardation] DEVELOPMENTAL DISABILI-
TIES services project bonds or notes issued by the agency, or (f) for
such other corporate purposes of the agency as the agency in its
discretion shall determine and provide.
(a) The agency may create and establish one or more special funds to
be known as community mental health services and [mental retardation]
DEVELOPMENTAL DISABILITIES services capital reserve funds and may pay
into such reserve funds (1) any monies appropriated and made available
by the state for the purposes of such funds, (2) any proceeds of the
sale of community mental health services and [mental retardation] DEVEL-
OPMENTAL DISABILITIES services project revenue bonds or notes, to the
extent provided in the resolution of the agency authorizing the issuance
thereof, and (3) any other monies which may be made available to the
agency for the purposes of such fund or funds from any other source or
sources. The monies held in or credited to a capital reserve fund estab-
lished under this subdivision, except as hereinafter provided and as
provided in agreements with bondholders and noteholders, shall be used
solely for the payment of principal of community mental health services
and [mental retardation] DEVELOPMENTAL DISABILITIES services project
revenue bonds of the agency secured by such reserve fund, as the same
mature, required payments to any sinking fund established in a resol-
A. 7882 25
ution of the agency for the amortization of term bonds (hereinafter
referred to as "sinking fund payments"), the purchase of such revenue
bonds of the agency, the payment of interest on such revenue bonds of
the agency, or the payment of any redemption premium required to be paid
when such bonds are redeemed prior to maturity. Any income or interest
earned by, or increment to, any such community mental health services
and [mental retardation] DEVELOPMENTAL DISABILITIES services capital
reserve fund due to the investment thereof may be transferred to the
agency, subject to agreements with bondholders and noteholders.
(b) In computing any community mental health services and [mental
retardation] DEVELOPMENTAL DISABILITIES services capital reserve fund
for the purposes of this section, securities in which all or a portion
of such reserve fund shall be invested shall be valued at par if
purchased at par, or if purchased at other than par, at the amortized
value.
(c) The agency shall create and establish one or more special funds
(herein referred to as community mental health services and [mental
retardation] DEVELOPMENTAL DISABILITIES services general reserve funds)
and shall to the extent provided in the applicable bond resolution of
the agency authorizing the issuance of community mental HEALTH services
and [mental retardation] DEVELOPMENTAL DISABILITIES services project
revenue bonds, pay into any such fund the fees and charges collected by
the agency pursuant to paragraph (d) of subdivision eleven of section
forty-four of this article and any monies which the agency shall trans-
fer from a community mental health services and [mental retardation]
DEVELOPMENTAL DISABILITIES services capital reserve fund pursuant to the
provisions of paragraph (a) of this subdivision. Such monies and any
other monies paid into a community mental health services and [mental
retardation] DEVELOPMENTAL DISABILITIES service general reserve fund
may, in the discretion of the agency, but subject to agreements with
bondholders and noteholders, be used by the agency (i) for the repayment
of advances from the state in accordance with the provisions of repay-
ment agreements between the agency and the director of the budget, (ii)
to reimburse the department of mental hygiene the reasonable costs of
the services performed by the commissioner of mental hygiene and the
department of mental hygiene pursuant to subdivision five of section
fifty-five of this article, including the reasonable costs of such
services performed by the facilities development corporation upon
request by the commissioner of mental hygiene pursuant to the provisions
of section 75.25 of the mental hygiene law, (iii) to pay all costs,
expenses and charges of financing, including fees and expenses of trus-
tees and paying agents, (iv) for transfers to a community mental health
services and [mental retardation] DEVELOPMENTAL DISABILITIES services
capital reserve fund, (v) for the payment of principal of and interest
on community mental health services and [mental retardation] DEVELOP-
MENTAL DISABILITIES services project revenue bonds and notes issued by
the agency when the same shall become due whether at maturity or on call
for redemption and for the payment of any redemption premium required to
be paid where such community mental health services and [mental retarda-
tion] DEVELOPMENTAL DISABILITIES services project revenue bonds and
notes are redeemed prior to their stated maturities and to purchase
community mental health services and [mental retardation] DEVELOPMENTAL
DISABILITIES services revenue bonds or notes issued by the agency, or
(vi) for such other corporate purposes of the agency as the agency in
its discretion shall determine and provide.
A. 7882 26
§ 42. Paragraphs a and b of subdivision 1 of section 47-b of the
private housing finance law, as amended by chapter 471 of the laws of
1980, are amended to read as follows:
a. "Community mental health and [retardation] DEVELOPMENTAL DISABILI-
TIES facility" shall mean a building, a unit within a building, a labo-
ratory, a classroom, a housing unit, a dining hall, an activities
center, a library, or any structure on or improvement to real property
of any kind or description, including fixtures and equipment which are
an integral part of such building, unit or structure or improvement, a
walkway, a roadway or a parking lot and improvements and connections for
water, sewer, gas, electrical, telephone, heating, air conditioning and
other utility services, or a combination of any of the foregoing, wheth-
er for patient care and treatment or staff, staff family or service use,
located in a city, or in a county not wholly included within a city,
authorized to provide community mental health services in accordance
with the provisions of article forty-one OF TITLE E of the mental
hygiene law, which is utilized or to be utilized for the administration
and conduct of programs for [the mentally ill or the mentally retarded]
PEOPLE LIVING WITH EITHER MENTAL ILLNESS OR INTELLECTUAL OR DEVELOP-
MENTAL DISABILITIES, or both, and for the provision of services there-
for. A community mental health and retardation facility shall also mean
and include a residential facility to be operated as a community resi-
dence for the mentally disabled, and a treatment facility for use in the
conduct of an alcoholism treatment program or of a substance abuse
treatment program as defined in the mental hygiene law.
b. "Mental hygiene facility" shall mean a building, a unit within a
building, a laboratory, a classroom, a housing unit, a dining hall, an
activities center, a library, or any structure on or improvement to real
property of any kind or description, including fixtures and equipment
which are an integral part of any such building, unit, structure or
improvement, a walkway, a roadway or a parking lot, and improvements and
connections for water, sewer, gas, electrical, telephone, heating, air
conditioning and other utility services, or a combination of any of the
foregoing, whether for patient care and treatment or staff, staff family
or service use, located at or related to any state hospital, any state
school, or any state psychiatric or research institute now or hereafter
established under the professional jurisdiction, supervision and control
of the state department of mental hygiene. A mental hygiene facility
shall mean and include a "community mental health and [retardation]
DEVELOPMENTAL DISABILITIES facility", unless such facility is expressly
excepted or the context clearly requires otherwise, and shall also mean
and include a treatment facility for use in the conduct of an alcoholism
or substance abuse treatment program as defined in the mental hygiene
law, unless such facility is expressly excepted or the context clearly
requires otherwise. The definition contained in this subdivision shall
not be construed to exclude therefrom a facility to be made available
under license or permit from the health and mental hygiene facilities
improvement corporation to a voluntary agency at the request of the
commissioners of the offices of the department of mental hygiene having
jurisdiction thereof for use in providing community mental health and
[retardation] DEVELOPMENTAL DISABILITIES services, or for use in the
conduct of an alcoholism or substance abuse treatment program.
§ 43. Paragraphs a and b of subdivision 7 of section 47-c of the
private housing finance law, paragraph a as amended by chapter 607 of
the laws of 1970, and paragraph b as amended by chapter 433 of the laws
of 1968, are amended to read as follows:
A. 7882 27
a. The agency shall have the power to acquire by lease or deed from
the health and mental hygiene facilities improvement corporation any
real property acquired by the corporation pursuant to the provisions of
subdivision six of section nine of the [health and mental hygiene facil-
ities improvement] FACILITIES DEVELOPMENT CORPORATION act (i) for the
purpose of constructing, reconstructing, rehabilitating or improving
thereon one or more community mental health and [retardation] DEVELOP-
MENTAL DISABILITIES facilities or (ii) for the purpose of financing the
acquisition, construction, reconstruction, rehabilitation or improvement
thereon of one or more community mental health and [retardation] DEVEL-
OPMENTAL DISABILITIES facilities, pursuant to the provisions of this
article and the [health and mental hygiene facilities improvement]
FACILITIES DEVELOPMENT CORPORATION act. The agency is hereby authorized
to lease or sublease such real property and facilities thereon to the
corporation for the purpose of making the same available to a city or a
county not wholly within a city, for use and occupancy in accordance
with the provisions of a lease, sublease or other agreement between the
corporation and such city or county.
b. In the event that the agency shall fail, within five years after
the date of a lease or conveyance of such real property from such city
or county to the corporation, to construct, reconstruct, rehabilitate or
improve the community mental health and [retardation] DEVELOPMENTAL
DISABILITIES facility or facility thereon for which such lease or
conveyance was made, as provided for in a lease, sublease or other
agreement entered into by such city or county and the corporation, then,
subject to the terms of any lease, sublease or other agreement undertak-
en by the agency, such real property and any facilities thereon shall
revert to the corporation with right of re-entry thereupon, and such
lease or deed shall be made subject to such condition of reverter and
re-entry; provided, however, that as a condition precedent to the exer-
cise of such right of re-entry the corporation shall pay to the agency
an amount equal to the sum of the purchase price of such real property,
the depreciated cost of any community mental health and [retardation]
DEVELOPMENTAL DISABILITIES facility or facilities constructed, recon-
structed, rehabilitated or improved thereon and all other costs of the
agency incident to the acquisition of such lands and the financing of
construction, reconstruction, rehabilitation or improvement relating to
such community mental health and [retardation] DEVELOPMENTAL DISABILI-
TIES facility or facilities, all as provided in the aforesaid lease,
sublease or other agreement entered into with the corporation.
§ 44. Subdivision 5 of section 55 of the private housing finance law,
as amended by chapter 195 of the laws of 1973, is amended to read as
follows:
5. The state commissioner of mental hygiene and the state department
of mental hygiene are hereby designated to act for and in behalf of the
agency in servicing the community mental health services and [mental
retardation] DEVELOPMENTAL DISABILITIES services companies mortgage
loans of the agency and shall perform such functions and services in
connection with the making, servicing and collection of such loans as
shall be requested by the agency. The agency shall pay to the department
of mental hygiene from any monies of the agency available for such
purpose, such amounts as are necessary to reimburse the department of
mental hygiene for the reasonable cost of the services performed by the
commissioner of mental hygiene and department of mental hygiene pursuant
to this section, including such amounts as are necessary to reimburse
the health and mental hygiene facilities improvement corporation for the
A. 7882 28
reasonable cost of such services performed by the health and mental
hygiene facilities improvement corporation upon request by the commis-
sioner of mental hygiene pursuant to the provisions of section 75.25 of
the mental hygiene law.
§ 45. Subdivision 1 of section 1531 of the real property actions and
proceedings law, as amended by chapter 550 of the laws of 1978, is
amended to read as follows:
1. A final judgment in favor of either party, in an action brought as
prescribed in this article, is conclusive, as to the title established
in the action, against the other party, known or unknown, including an
infant, a [mentally retarded] person WITH AN INTELLECTUAL OR DEVELOP-
MENTAL DISABILITY, a mentally ill person, or an alcohol abuser, and also
against every person claiming from, through or under that party, by
title accruing after the filing of the judgment roll, or of the notice
of the pendency of the action, as prescribed by law; also against each
person not in being or ascertained at the commencement of the action,
who by any contingency contained in a devise or grant or otherwise,
could afterward become entitled to a beneficial estate or interest in
the property involved, provided that every person in being who would
have been entitled to such estate or interest if such event had happened
immediately before the commencement of the action is a party thereto, or
that a guardian ad litem is appointed, as prescribed by section 1513.
§ 46. Paragraph c of subdivision 1 of section 1515 of the real proper-
ty actions and proceedings law, as amended by chapter 550 of the laws of
1978, is amended to read as follows:
c. Whether any defendant is known or unknown, and whether any defend-
ant is or might be an infant, [mentally retarded] INTELLECTUALLY OR
DEVELOPMENTALLY DISABLED, mentally ill or an alcohol abuser.
§ 47. Subdivisions 1, 3 and 4 of section 1651 of the real property
actions and proceedings law, as amended by chapter 115 of the laws of
1981, are amended to read as follows:
1. Where an infant, [mentally retarded] person WITH AN INTELLECTUAL OR
DEVELOPMENTAL DISABILITY, mentally ill person, alcohol abuser or conser-
vatee holds real property, in joint tenancy or in common, the general
guardian of the infant, or the committee of the [mentally retarded]
person WITH AN INTELLECTUAL OR DEVELOPMENTAL DISABILITY, mentally ill
person, or alcohol abuser, or conservator of the conservatee, may apply
to the supreme court or to the county court of the county wherein the
real property is situated, for authority to agree to a partition of the
real property. Where such application affects the interests of an incom-
petent person or a conservatee who has been committed to a state insti-
tution, and is an inmate thereof, notice of such application must be
given to the superintendent, acting superintendent or state officer
having special jurisdiction over the institution where the incompetent
person or conservatee is confined. Irrespective of the location of any
real property held by an infant in joint tenancy or in common, his OR
HER general guardian may make such application to the surrogate's court
which appointed such guardian. A certified copy of the decree entered in
the surrogate's court on such application must be recorded in the office
of the clerk of each county in which is situated property affected by
such decree.
3. If, after due inquiry into the merits of the application, by a
reference or otherwise, the court is of the opinion that the interests
of the infant, or of the [mentally retarded] person WITH AN INTELLECTUAL
OR DEVELOPMENTAL DISABILITY, mentally ill person, alcohol abuser or
conservatee, will be promoted by the partition proposed, it may make an
A. 7882 29
order authorizing the petitioner to agree to the partition proposed, and
in the name of the infant, or of the [mentally retarded] person WITH AN
INTELLECTUAL OR DEVELOPMENTAL DISABILITY, mentally ill person, alcohol
abuser or conservatee, to execute releases of his OR HER right and
interest in and to that part of the property which falls to the shares
of the other joint-tenants or tenants in common. The court may, in its
discretion, for the furtherance of the interests of said infant,
[mentally retarded] person WITH AN INTELLECTUAL OR DEVELOPMENTAL DISA-
BILITY, mentally ill person, alcohol abuser or conservatee, direct
partition to be so made as to set off to him or them his or their share
in common with any of the other owners, provided the consent in writing
thereto of such owners shall be first obtained.
4. Releases so executed have the same validity and effect, as if they
were executed by the person in whose behalf they are executed, and as if
the infant was of full age, or the [mentally retarded] person WITH AN
INTELLECTUAL OR DEVELOPMENTAL DISABILITY, mentally ill person, or alco-
hol abuser was of sound mind, and competent to manage his OR HER
affairs, or the conservatee was competent to manage his OR HER affairs.
§ 48. Section 11 of the real property law, as amended by chapter 550
of the laws of 1978, is amended to read as follows:
§ 11. Capacity to transfer real property. A person other than a minor,
a [mentally retarded] person WITH AN INTELLECTUAL OR DEVELOPMENTAL DISA-
BILITY, or person of unsound mind, seized of or entitled to an estate or
interest in real property, may transfer such estate or interest.
§ 49. Paragraph (a) of subdivision 1 of section 422 of the real prop-
erty tax law, as amended by chapter 409 of the laws of 1993, is amended
to read as follows:
(a) Real property owned by a not-for-profit corporation organized
pursuant to the not-for-profit corporation law and the provisions of
article two of the private housing finance law, used exclusively to
provide housing and auxiliary facilities for faculty members, students,
employees, nurses, interns, resident physicians, researchers and other
personnel and their immediate families in attendance or employed at
colleges, universities, educational institutions, child care insti-
tutions, hospitals and medical research institutes, or for handicapped
or aged persons of low income, or owned by non-profit nursing home
companies organized pursuant to the not-for-profit corporation law and
the provisions of article twenty-eight-A of the public health law, used
exclusively to provide facilities for nursing care to sick, invalid,
infirm, disabled or convalescent persons of low income, or to provide
health-related service as defined in article twenty-eight of the public
health law to persons of low income, or any combination of the forego-
ing, and in addition thereto, to provide nursing care and health-related
service, or either of them, to persons of low income who are not occu-
pants of the project, or owned by housing development fund companies
organized pursuant to the not-for-profit corporation law and article
eleven of the private housing finance law, used exclusively to provide
housing for handicapped or aged persons of low income, and financed by a
federally-aided mortgage as defined in said article eleven, or owned by
companies organized pursuant to the not-for-profit corporation law and
the provisions of article seventy-five OF TITLE E of the mental hygiene
law, used exclusively to provide care, treatment, training, education
and residential accommodations for operation as hostels for the mentally
ill or [mentally retarded] INTELLECTUALLY OR DEVELOPMENTALLY DISABLED,
or owned by companies organized pursuant to the membership corporations
law and the provisions of article seven-A of the private housing finance
A. 7882 30
law, used exclusively to provide programs, services and other facilities
for the aging, shall be exempt from taxation and exempt from special ad
valorem levies and special assessments to the extent provided in section
four hundred ninety of this chapter, provided, however, that in a city
having a population of one million or more real property owned by any
such corporation which is to provide housing accommodations, substan-
tially all of which are or are to be assisted by rent subsidies made or
to be made available by the Federal government pursuant to a contract
under section eight of the United States Housing Act of nineteen hundred
thirty-seven, as amended, or pursuant to a project rental assistance
contract under section two hundred two of the United States Housing Act
of nineteen hundred fifty-nine, as amended, or pursuant to a project
rental assistance contract under section eight hundred eleven of the
National Affordable Housing Act of nineteen hundred ninety, as amended,
shall from and after the commencement of construction be subject to
taxation or exempt therefrom to the extent approved by a municipality
acting through its local legislative body, as such local legislative
body is defined in [paragraph] SUBDIVISION twelve of section two of the
private housing finance law. No such corporation or company shall pay a
dividend on any of its stock or pay interest on any of its debentures.
Provided further, however, in a county having a population of one
million or more and having not more than three towns within such county,
real property owned by housing development fund companies organized
pursuant to the not-for-profit corporation law and article eleven of the
private housing finance law, used exclusively to provide housing for
handicapped or aged persons of low income, and financed by a federally-
aided mortgage as defined in said article eleven shall from and after
the commencement of construction be subject to taxation or exempt there-
from to the extent approved by a municipality acting through its local
legislative body, as such local legislative body is defined in [para-
graph] SUBDIVISION twelve of section two of the private housing finance
law. Any tax payments and/or payments in lieu of taxes made to a munici-
pality pursuant to the preceding sentence shall not be passed through
nor become the liability of any of the occupants of such property.
§ 50. Paragraph (k) of subdivision 1 of section 364-j of the social
services law, as amended by chapter 649 of the laws of 1996, is amended
to read as follows:
(k) "Special care". Care, services and supplies relating to the treat-
ment of mental illness, [mental retardation,] INTELLECTUAL OR develop-
mental disabilities, alcoholism, alcohol abuse or substance abuse, or
HIV infection/AIDS.
§ 51. Subdivision 4 of section 365-g of the social services law, as
amended by section 31 of part C of chapter 58 of the laws of 2008, is
amended to read as follows:
4. The utilization thresholds established pursuant to this section
shall not apply to [mental retardation and] INTELLECTUAL OR develop-
mental disabilities services provided in clinics certified under article
twenty-eight of the public health law, or article twenty-two OF TITLE D
or article thirty-one OF TITLE E of the mental hygiene law.
§ 52. Subparagraph (ii) of paragraph (d) of subdivision 6 of section
367-a of the social services law, as added by chapter 41 of the laws of
1992, is amended to read as follows:
(ii) out-patient hospital and clinic services except for mental health
services, [mental retardation and] INTELLECTUAL OR and developmental
disability services, alcohol and substance abuse services and methadone
maintenance services;
A. 7882 31
§ 53. Paragraph (p) of subdivision 1 of section 261 of the tax law, as
amended by chapter 365 of the laws of 2005, is amended to read as
follows:
(p) with respect to the remaining counties of the state except Catta-
raugus county which have not suspended the imposition of such additional
tax pursuant to subdivision two of section two hundred fifty-three of
this article, to the comptroller to be paid by him or her into the
general fund in the state treasury to the credit of the state purposes
account; provided that money paid to the comptroller with respect to any
such remaining county in which on the date of such payment any mass
transportation, airport or aviation, municipal historic site, municipal
park, community mental health and [retardation] DEVELOPMENTAL DISABILI-
TIES facility, or sewage treatment capital project is being carried out
by a municipality with state aid, or for which state aid will be paid,
pursuant to the provisions of title one of chapter seven hundred seven-
teen of the laws of nineteen hundred sixty-seven, section 17.05 of the
parks, recreation and historic preservation law, section 41.18 of the
mental hygiene law, or section 17-1903 of the environmental conservation
law, shall be applied by him or her to increase the amount of aid for
which the state is obligated in respect to such project on such date,
provided that any such increase in state aid may not, together with any
federal funds paid or to be paid on account of the cost of such project,
exceed the total cost thereof, and where more than one such capital
project is being carried out on such date within such county, the appli-
cation of such monies by the comptroller shall be pro-rated among such
municipalities on the basis of the respective amounts of state aid which
are so obligated on such date; and
§ 54. Subdivisions 10 and 19 of section 3 of section 1 of chapter 359
of the laws of 1968, constituting the facilities development corporation
act, subdivision 10 as amended by section 1 of part N of chapter 59 of
the laws of 2016 and subdivision 19 as amended by section 1 of part H of
chapter 58 of the laws of 2008, are amended to read as follows:
10. "Mental hygiene facility" shall mean a building, a unit within a
building, a laboratory, a classroom, a housing unit, a dining hall, an
activities center, a library, real property of any kind or description,
or any structure on or improvement to real property, or an interest in
real property, of any kind or description, owned by or under the juris-
diction of the corporation, including fixtures and equipment which are
an integral part of any such building, unit, structure or improvement, a
walkway, a roadway or a parking lot, and improvements and connections
for water, sewer, gas, electrical, telephone, heating, air conditioning
and other utility services, or a combination of any of the foregoing,
whether for patient care and treatment or staff, staff family or service
use, located at or related to any psychiatric center, any developmental
center, or any state psychiatric or research institute or other facility
now or hereafter established under the department. A mental hygiene
facility shall also mean and include a residential care center for
adults, a "community mental health and [retardation] DEVELOPMENTAL DISA-
BILITIES facility" and a treatment facility for use in the conduct of an
alcoholism or substance abuse treatment program as defined in the mental
hygiene law unless such residential care center for adults, community
mental health and [retardation] DEVELOPMENTAL DISABILITIES facility or
alcoholism or substance abuse facility is expressly excepted, or the
context clearly requires otherwise, and shall also mean and include any
treatment facility for use in the conduct of an alcoholism or substance
abuse treatment program that is also operated as an associated health
A. 7882 32
care facility. The definition contained in this subdivision shall not be
construed to exclude therefrom a facility owned or leased by one or more
voluntary agencies that is to be financed, refinanced, designed,
constructed, acquired, reconstructed, rehabilitated or improved under
any lease, sublease, loan or other financing agreement entered into with
such voluntary agencies, and shall not be construed to exclude therefrom
a facility to be made available from the corporation to a voluntary
agency at the request of the commissioners of the offices of the depart-
ment having jurisdiction thereof. The definition contained in this
subdivision shall not be construed to exclude therefrom a facility with
respect to which a voluntary agency has an ownership interest in, and
proprietary lease from, an organization formed for the purpose of the
cooperative ownership of real estate.
19. "Voluntary agency" means a corporation organized under or existing
pursuant to the not-for-profit corporation law providing or, pursuant to
a written agreement with the appropriate commissioner, approved to
provide housing that includes residences for persons with mental disa-
bilities, or services benefitting or assisting in the care, treatment,
rehabilitation or maintenance of persons with mental disabilities,
community mental health or residential services, community [mental
retardation] DEVELOPMENTAL DISABILITIES services, or alcohol,
substance-abuse, or chemical-dependency residential or non-residential
treatment services, or for any combination of the foregoing. Notwith-
standing any other provision of law to the contrary, voluntary agency
shall also include any entity receiving financing, approvals or assist-
ance of any form from the state housing finance agency or the state
division of housing and community renewal for one or more integrated
housing projects including projects serving persons with mental disabil-
ities, which shall be approved by the appropriate commissioner. Such
commissioner is hereby authorized to enter into any agreements necessary
or useful for such projects, subject to the approval of the director of
the budget.
§ 55. The first undesignated paragraph of section 2 of section 1 of
chapter 359 of the laws of 1968, constituting the facilities development
corporation act, as separately amended by chapters 195 and 658 of the
laws of 1973, is amended to read as follows:
It is hereby found and declared that the provision of new and improved
state facilities relating to the care, maintenance and treatment of the
mentally disabled must be accelerated if the state is to meet its
responsibilities in the face of an increasing state population, a grow-
ing awareness that mental disability can be treated effectively, and new
research advances in treatment methods. An expanded construction program
is essential to relieve overcrowding in the state hospitals for the
mentally ill, to provide treatment and care for the increasing popu-
lation of [mentally retarded] PEOPLE WITH INTELLECTUAL OR DEVELOPMENTAL
DISABILITIES in state schools, and to permit the establishment of
special treatment programs for mentally ill and emotionally disturbed
children and for the mentally ill blind and the mentally ill deaf.
Existing state facilities require substantial modernization and struc-
tural change to accommodate new concepts of treatment for the mentally
disabled and special units for the treatment of alcoholism and narcotics
addiction. Larger and better equipped research facilities must be
installed in order to insure that state treatment units are in the fore-
front of applying and developing advanced therapeutic methods. At the
same time, improved training facilities and quarters are needed to
attract and retain the best-qualified staff personnel.
A. 7882 33
§ 56. The third undesignated paragraph of section 2 of section 1 of
chapter 359 of the laws of 1968, constituting the facilities development
corporation act, as amended by chapter 547 of the laws of 1979, is
amended to read as follows:
It is further found and declared that the provision of new and
improved community mental health and [retardation] DEVELOPMENTAL DISA-
BILITIES facilities must be accelerated, in order to provide comprehen-
sive care and treatment of the mentally ill and [mentally retarded]
DEVELOPMENTALLY DISABLED. Such community mental health and [retarda-
tion] DEVELOPMENTAL DISABILITIES facilities should be located close to
the people they serve, in order to speed rehabilitation and restoration,
by involving families and community resources to the extent practicable.
Such an accelerated construction program will also help relieve over-
crowding in state facilities for the mentally ill and [mentally
retarded] DEVELOPMENTALLY DISABLED and will afford treatment and care
for the increasing number of [mentally retarded] PEOPLE WITH DEVELOP-
MENTAL DISABILITIES. Such a program will increase the number of local
facilities for out-patient care and short-term in-patient care, includ-
ing after care, diagnostic and rehabilitative services, training and
research. While the responsibility for the professional care, mainte-
nance and treatment of the mentally ill and [mentally retarded] DEVELOP-
MENTALLY DISABLED at all such community mental health and [retardation]
DEVELOPMENTAL DISABILITIES facilities should continue in the local
governments, subject to the provisions of article forty-one OF TITLE E
of the mental hygiene law and the regulations of the commissioners of
the offices of the department having jurisdiction thereof, the legisla-
ture further finds and declares that the Facilities Development Corpo-
ration should be empowered to aid cities and counties, at their request,
to provide new and improved community mental health and [retardation]
DEVELOPMENTAL DISABILITIES facilities in order to insure their timely
construction, acquisition, reconstruction, rehabilitation and improve-
ment in relation to current and foreseeable needs and the emergence of
new patterns of treatment and care and should be empowered to receive
and administer monies for such purpose.
§ 57. Paragraph a of subdivision 8 and subdivision 13 of section 5 of
section 1 of chapter 359 of the laws of 1968, constituting the facili-
ties development corporation act, paragraph a of subdivision 8 as
amended by chapter 58 of the laws of 1987 and subdivision 13 as amended
by chapter 723 of the laws of 1993, are amended to read as follows:
a. With the approval of the appropriate commissioner of the department
and the director of the budget, to purchase real property necessary or
convenient for a mental hygiene facilities improvement program in the
name of the state, except where such purchase is for the purpose of
providing community mental health and [retardation] DEVELOPMENTAL DISA-
BILITIES facilities in which case such purchase shall be in its own
name; provided, however, that all such purchases shall be made pursuant
to legislation or appropriations in accordance with section nine of this
act. Nothing in this section contained shall be construed to prohibit
the acquisition of real property by purchase or appropriation by the
appropriate commissioner of the department pursuant to article seventy-
one OF TITLE E of the mental hygiene law for the purpose of making
mental hygiene facilities available under license or permit from the
corporation to a voluntary agency, subject to the terms and conditions
of any lease, sublease, loan or other financing agreement with the state
housing finance agency or the state medical care facilities finance
agency, (i) for use in providing community mental health and [retarda-
A. 7882 34
tion] DEVELOPMENTAL DISABILITIES services, including services in a resi-
dential care center for adults, or (ii) for the conduct of an alcoholism
or substance abuse treatment program as defined in article nineteen OF
TITLE D of the mental hygiene law.
13. Subject to the terms and conditions of any lease, sublease, loan
or other financing agreement with the state housing finance agency or
the state medical care facilities finance agency, and to the determi-
nation of the appropriate commissioner of the department, and in the
case of community mental health and [retardation] DEVELOPMENTAL DISABIL-
ITIES facilities, of the city or county, that such real property held
for the purposes of a mental hygiene facilities improvement program is
unnecessary for the present or foreseeable future needs of a mental
hygiene facility, with the approval of the director of the budget, to
convey for fair value any right, title or interest of the people of the
state of New York in and to such real property to any appropriate state
agency, or public corporation, city or county for other public use or
for sale, lease or other disposition in accordance with law, real prop-
erty held by the corporation, provided, however, nothing in this subdi-
vision shall be deemed to supercede the provisions of section 41.34 of
the mental hygiene law and provided further that any such conveyance
shall be subject to, and consistent with the terms and objectives of,
any plan developed by the state interagency council on mental hygiene
property utilization. The corporation shall provide written notice at
least thirty days in advance of the effective date of any conveyance to
the governor, the majority leader of the senate and the speaker of the
assembly. No conveyance as authorized in this subdivision that may
adversely affect the tax exempt nature of any such lease, sublease, loan
or other financing agreement with the state housing finance agency or
the New York state medical care facilities finance agency may occur
until the attorney general or other designated bond counsel determines
in writing that the conveyance is consistent with all applicable state
and federal laws, rules and regulations, and with deeds, leases,
subleases, loan agreements, financing agreements, and bond resolutions
relating to or affected by the conveyance, and that the conveyance does
not impair the tax exempt status of outstanding obligations issued by
the state housing finance agency or the New York state medical care
facilities finance agency to finance or refinance the design,
construction, acquisition, reconstruction, rehabilitation or improvement
of mental health service facilities as defined in the New York state
medical care facilities finance agency act.
§ 58. Subdivisions 3, 4 and 5 of section 6 of section 1 of chapter 359
of the laws of 1968, constituting the facilities development corporation
act, subdivisions 3 and 4 as amended by chapter 547 of the laws of 1979
and subdivision 5 as amended by chapter 351 of the laws of 1985, are
amended to read as follows:
3. To provide mental hygiene facilities, other than community health
and [retardation] DEVELOPMENTAL DISABILITIES facilities, for the care,
maintenance and treatment of the mentally disabled, for research and
training related thereto, and for the members of the staff of state
institutions in the department and their families, to reduce the time
lag between determination of need for such facilities and actual occu-
pancy thereof, to expedite the construction, acquisition, recon-
struction, rehabilitation or improvement of such facilities, to assure
that the same are completed and ready for the purposes intended in the
light of foreseeable needs, to assure exclusive possession, jurisdic-
tion, control and supervision over all mental hygiene facilities in
A. 7882 35
order to effectuate the aforesaid purposes and to make such facilities
available to the appropriate commissioner of the department for use in
the care, maintenance and treatment of the mentally disabled.
4. To provide community mental health and [retardation] DEVELOPMENTAL
DISABILITIES facilities for the mentally disabled, for out-patient care
and short-term in-patient care, including after care and diagnostic and
rehabilitative services and training and research, for and at the
request of cities and counties not wholly within a city, authorized to
provide community mental health services in accordance with the
provisions of article forty-one OF TITLE E of the mental hygiene law, to
reduce the time between determination of the need for such facilities
and actual occupancy thereof, to expedite the construction, acquisition,
reconstruction, rehabilitation or improvement of such facilities, to
assure that the same are completed and ready for the purposes intended
in the light of current and foreseeable needs, all as approved by the
appropriate commissioner of the department.
5. To provide mental hygiene facilities to be made available under
license or permit from the corporation to voluntary agencies at the
request of the appropriate commissioner of the department in accordance
with the provisions of this act for use in providing community mental
health and [retardation] DEVELOPMENTAL DISABILITIES services and
services in a residential care center for adults.
§ 59. Paragraphs b and c of subdivision 1 of section 9 of section 1 of
chapter 359 of the laws of 1968, constituting the facilities development
corporation act, paragraph b as amended by chapter 58 of the laws of
1987 and paragraph c as amended by chapter 547 of the laws of 1979, are
amended to read as follows:
b. The directors of the corporation shall prepare or cause to be
prepared for the state housing finance agency or the medical care facil-
ities finance agency, within the amounts appropriated therefor or other-
wise available, the building plans, the exterior drawings or models
displaying the architectural concept of each mental hygiene facility
thereafter to be constructed, reconstructed, rehabilitated or improved,
and the detailed plans and specifications for all such construction,
reconstruction, rehabilitation and improvement work to be performed, all
of which shall be subject to the separate approval of the appropriate
commissioner of the department and, in the case of community mental
health and [retardation] DEVELOPMENTAL DISABILITIES facilities, of the
governing body of the city or county or of such officer, department,
agency or community mental health board as may be designated by such
governing body for the purpose of such approval. The directors of the
corporation, except in the case of community mental health and [retarda-
tion] DEVELOPMENTAL DISABILITIES facilities, may cause the building
plans, drawings, models and detailed plans and specifications for such
work to be prepared under the direction of the commissioner of general
services in accordance with the terms of any agreement entered into
between the corporation and such commissioner pursuant to subdivision
two of this section. In the case of community mental health and [retar-
dation] DEVELOPMENTAL DISABILITIES facilities, the directors of the
corporation may cause such building plans, drawings, models and detailed
plans and specifications for such work to be prepared by its own employ-
ees, or on a contract basis, or by agreement with a city or county or
with any state department or agency authorized to perform such work.
The detailed plans and specifications for any such work to be
performed pursuant to a contract shall comply with the construction
standards in effect at the time the contract is executed.
A. 7882 36
Subject to the terms of any agreement entered into between the corpo-
ration and the commissioner of general services pursuant to subdivision
two of this section and between the corporation and the state housing
finance agency or the medical care facilities finance agency pursuant to
such section, the directors of the corporation may from time to time
modify, or authorize modifications to, such detailed plans and specifi-
cations provided (i) that the plans and specifications as so modified
shall comply with the construction standards, if any, adopted pursuant
to paragraph a of this subdivision and in effect at the time of the
modification, and (ii) that such modifications, if substantial, are made
with the separate approval of the appropriate commissioner of the
department and, in the case of community mental health and [retardation]
DEVELOPMENTAL DISABILITIES facilities, of such governing body of the
city or county or of such officer, department, agency or community
mental health board as may be designated by such governing body for the
purpose of such approval, and (iii) that in the event an amount for
contingencies is appropriated or advanced to the corporation to pay the
added costs during the then current state fiscal year of all modifica-
tions made in the course of construction, reconstruction, rehabilitation
and improvement of mental hygiene facilities, no such modifications
shall be made or authorized in such fiscal year without the approval of
the director of the budget unless the cost thereof shall be less than
five percentum of the total estimated cost of the facility as set forth
in the budget bill referred to in paragraph a of subdivision two of this
section, but in no event shall any such modification be made or author-
ized in such fiscal year if the cost thereof, plus the cost of all
modifications theretofore made or authorized during the same state
fiscal year, would exceed the amount for contingencies appropriated or
advanced for the purpose of such modifications, and (iv) that in the
event an amount for contingencies is not appropriated for the purpose of
such modifications, no such modification involving an estimated expense
of ten thousand dollars or more shall be made or authorized without the
prior approval of the director of the budget.
c. In the design, construction, acquisition, reconstruction, rehabili-
tation, alteration and improvement of mental hygiene facilities to be
made available under license or permit from the corporation to voluntary
agencies for use in providing community mental health and [retardation]
DEVELOPMENTAL DISABILITIES services, the corporation shall be governed
by the provisions of this act relating to the design and construction of
mental hygiene facilities provided, however, that the program for each
such facility shall have been prepared under the supervision of the
appropriate commissioner of the department pursuant to the mental
hygiene law at the request of such voluntary agency and with the
approval of the community mental health board established pursuant to
article forty-one OF TITLE E of the mental hygiene law.
§ 60. The opening paragraph of subparagraph (i) and subparagraph (ii)
of paragraph b of subdivision 2 of section 9 of section 1 of chapter 359
of the laws of 1968, constituting the facilities development corporation
act, the opening paragraph of subparagraph (i) as amended by chapter 166
of the laws of 1991 and subparagraph (ii) as amended by chapter 658 of
the laws of 1973, are amended to read as follows:
The corporation may design, construct, reconstruct, rehabilitate and
improve a mental hygiene facility, other than a community mental health
and [retardation] DEVELOPMENTAL DISABILITIES facility, whether as prin-
cipal or as agent for the state housing finance agency or the medical
care facilities finance agency, only by agreement with the commissioner
A. 7882 37
of general services, except that in the case a mental hygiene facility
owned or leased by a voluntary agency that is to be designed,
constructed, reconstructed, rehabilitated and improved under any lease,
sublease, loan or other financing agreement entered into with such
voluntary agency, or jointly with such voluntary agency and one or more
voluntary agencies that operate such facility the same may be designed,
constructed, reconstructed, rehabilitated and improved by such voluntary
agencies, and except that:
(ii) The corporation, with the approval of the director of the budget,
may construct, reconstruct, rehabilitate and improve a community mental
health and [retardation] DEVELOPMENTAL DISABILITIES facility by its own
employees, by agreement with a city or county or with any state depart-
ment or agency authorized to perform such work, or by contract awarded
pursuant to paragraph g of this subdivision. All contracts awarded by a
city or county on behalf of the corporation shall be awarded pursuant to
paragraph g of this subdivision, notwithstanding any provision of any
general, special or local law or any charter.
§ 61. Paragraphs a and b of subdivision 3 of section 9 of section 1 of
chapter 359 of the laws of 1968, constituting the facilities development
corporation act, paragraph a as amended by chapter 723 of the laws of
1993 and paragraph b as amended by section 48 of part TTT of chapter 59
of the laws of 2019, are amended to read as follows:
a. Subject to the provisions of this act, the directors of the corpo-
ration shall receive, accept, invest, administer, expend and disburse
for its corporate purposes, other than for the purposes of any health
facilities improvement program, (i) all payments made on or after Janu-
ary 1, 1964, for the care, maintenance and treatment of patients in
every mental hygiene facility, other than a community mental health and
[retardation] DEVELOPMENTAL DISABILITIES facility or a mental hygiene
facility made available under license or permit from the corporation to
a voluntary agency for use in providing community mental health and
[retardation] DEVELOPMENTAL DISABILITIES services, or an office of
[alcoholism and substance abuse services] ADDICTION SERVICES AND
SUPPORTS facility made available under license or permit from the corpo-
ration to a voluntary agency for use in the conduct of an alcoholism or
substance abuse treatment program, (ii) all payments made to the corpo-
ration by a lessee or permittee as rentals, permit fees or otherwise
under any lease, sublease, permit or agreement undertaken with respect
to a community mental health and [retardation] DEVELOPMENTAL DISABILI-
TIES facility or current or former mental hygiene facility or from a
voluntary agency with respect to a mental hygiene facility made avail-
able under lease, license or permit from the corporation to a voluntary
agency, and (iii) all payments made to the corporation for the purchase
of real property held by the corporation for the use of the department,
other than payments derived from New York state medical care facilities
finance agency financing or refinancing of the design, construction,
acquisition, reconstruction, rehabilitation, improvement or renovation
of state operated mental hygiene facilities, and may receive, accept,
invest, administer, expend and disburse for its corporate purposes,
other than for the purposes of any health facilities improvement
program, appropriations or advances from the capital projects fund and
the state purposes account of the general fund of the state, and other
revenues and monies made available or to be made available to the corpo-
ration from any or all sources, including gifts, grants, loans and
payments from the federal government, any state agency, any county,
city, town or village, any private foundation, organization or individ-
A. 7882 38
ual, or any other source, for the construction, acquisition, recon-
struction, rehabilitation and improvement of mental hygiene facilities,
and for the maintenance and repair of such facilities.
b. All monies of the corporation received or accepted pursuant to
paragraph a of this subdivision, other than appropriations and advances
from the state and except as otherwise authorized or provided in this
section, shall be paid to the commissioner of taxation and finance as
agent of the corporation, who shall not commingle such monies with any
other monies. Such monies shall be deposited in two or more separate
bank accounts. One of such accounts, to which shall be credited (i) all
payments made on or after January 1, 1964, for the care, maintenance and
treatment of patients in every mental hygiene facility, other than a
community mental health and [retardation] DEVELOPMENTAL DISABILITIES
facility, (ii) all payments made to the corporation as rentals, lease
payments, permit fees or otherwise under any lease, sublease or agree-
ment undertaken with respect to a community mental health and [retarda-
tion] DEVELOPMENTAL DISABILITIES facility or a current or former mental
hygiene facility, (iii) all payments made to the corporation for the
purchase of real property held by the corporation for the use of the
department, other than payments derived from New York state medical care
facilities finance agency financing or refinancing of the design,
construction, acquisition, reconstruction, rehabilitation, improvement
or renovation of state operated mental hygiene facilities, (iv) all
income from investments and (v) all monies received or to be received
for the purposes of such account on a recurring basis, shall be denomi-
nated the "mental hygiene facilities improvement fund income account".
The monies in any account shall be paid out on checks signed by the
commissioner of taxation and finance on requisition of the chairman of
the corporation or of such other officer or employee or officers or
employees as the corporation shall authorize to make such requisition.
All deposits of such money shall, if required by the commissioner of
taxation and finance or the directors of the corporation, be secured by
obligations of the United States or of the state of a market value equal
at all times to the amount of the deposit and all banks and trust compa-
nies are authorized to give such security for such deposits. Any moneys
of the corporation not required for immediate use or disbursement may,
at the discretion of the corporation, be invested by the commissioner of
taxation and finance in accordance with the provisions of section 98-a
of the state finance law. The mental hygiene facilities improvement fund
and the income account therein shall remain in existence until termi-
nated by the corporation by written notice to the commissioner of taxa-
tion and finance. Any moneys on deposit in the mental hygiene facilities
improvement fund or the income account therein upon the termination of
said fund and account shall be transferred by the commissioner of taxa-
tion and finance to the mental health services fund. The corporation
shall not terminate the mental hygiene facilities improvement fund and
the income account therein until all mental health services facilities
bonds issued pursuant to: (i) the New York state medical care facilities
finance agency act; (ii) article [five-c] FIVE-C of the state finance
law; and (iii) article [five-f] FIVE-F of the state finance law and
payable from the income account as described in paragraph g of this
subdivision are no longer outstanding.
§ 62. The fifth undesignated paragraph of subdivision 5 of section 9
of section 1 of chapter 359 of the laws of 1968, constituting the facil-
ities development corporation act, as amended by chapter 58 of the laws
of 1987, is amended to read as follows:
A. 7882 39
The provisions of this subdivision shall not apply to community mental
health and [retardation] DEVELOPMENTAL DISABILITIES facilities.
§ 63. Subdivision 6 of section 9 of section 1 of chapter 359 of the
laws of 1968, constituting the facilities development corporation act,
paragraphs a and b as amended by chapter 58 of the laws of 1987, is
amended to read as follows:
6. Notwithstanding any provision of any general, special or local law
or of any charter:
a. The governing body, as such term is defined in article forty-one OF
TITLE E of the mental hygiene law (except that with respect to the city
of New York such term shall mean the board of estimate), of a city or
county may, upon such terms and conditions as shall be approved by such
governing body and for such consideration, if any, as may be determined
by such governing body, but not to exceed the cost of acquisition there-
of and the cost of improvements thereon, exclusive of any costs reim-
bursed or to be reimbursed in accordance with the provisions of article
forty-one OF TITLE E of the mental hygiene law otherwise, execute and
deliver to the corporation a lease for a term not exceeding forty years
or a deed (i) conveying to the corporation real property and one or more
community mental health and [retardation] DEVELOPMENTAL DISABILITIES
facilities of the city or county located thereon, a portion of the costs
of which facilities are eligible for state reimbursement in accordance
with the provisions of article forty-one OF TITLE E or article twenty-
five OF TITLE D of the mental hygiene law or (ii) conveying to the
corporation real property of the city or county or an interest therein,
for the purpose of causing to be constructed, reconstructed, rehabili-
tated or improved thereon one or more community mental health and
[retardation] DEVELOPMENTAL DISABILITIES facilities pursuant to this
act, such community mental health and [retardation] DEVELOPMENTAL DISA-
BILITIES facilities to be made available to such county or city for use
and occupancy under lease, sublease or other agreement upon such terms
and conditions as may be agreed upon, including terms and conditions
relating to length of terms, maintenance and repair of community mental
health and [retardation] DEVELOPMENTAL DISABILITIES facilities during
such term and the annual rentals to be paid therefor for the use there-
of. The corporation is hereby authorized to accept any such lease or
conveyance, to hold such real property, to enter into a lease, sublease
or other agreement with such city or county for the purpose of making
such community mental health and [retardation] DEVELOPMENTAL DISABILI-
TIES facility so acquired or to be constructed, reconstructed, rehabili-
tated or improved thereon available for use and occupancy by such city
or county, and to lease or convey real property so acquired to the New
York state housing finance agency or the medical care facilities finance
agency, provided, however, that any such further lease or conveyance
shall be solely for the purpose of causing community mental health and
[retardation] DEVELOPMENTAL DISABILITIES facilities to be acquired,
constructed, reconstructed, rehabilitated or improved thereon, such
community mental health and [retardation] DEVELOPMENTAL DISABILITIES
facilities to be made available to such city or county for use and occu-
pancy under a lease, sublease or other agreement between the corporation
and such city or county, upon such terms and conditions as may be agreed
upon. No such lease or conveyance from the corporation to the New York
state housing finance agency or the state medical care facilities
finance agency shall be for a consideration in excess of the cost of
acquisition of such real property and the costs of improvements thereon.
The appropriate commissioner of the department, on behalf of his OR HER
A. 7882 40
office, and the director of the budget shall approve all leases,
subleases or agreements, whether between the corporation and such city
or county or between the corporation and the housing finance agency or
the state medical care facilities finance agency, and the appropriate
commissioner of the department shall be a party thereto. The appropriate
division of the office of [alcoholism and substance abuse] ADDICTION
SERVICES AND SUPPORTS shall also approve all such leases, subleases or
agreements relating to the construction, reconstruction, rehabilitation
or improvement of community mental health and [retardation] DEVELOP-
MENTAL DISABILITIES facilities, constituting alcoholism or substance
abuse facilities for use in an alcoholism or substance abuse treatment
program as defined in the mental hygiene law.
b. In the event that the corporation shall fail, within five years
after the date of such lease or conveyance, to construct, reconstruct,
rehabilitate or improve the community mental health and [retardation]
DEVELOPMENTAL DISABILITIES facility or facilities thereon for which such
lease or conveyance was made, or to cause the same to be done, as
provided for in a lease, sublease or other agreement entered into with
such city or county, then, subject to the terms of any lease, sublease
or other agreement undertaken by the New York state housing finance
agency or the state medical care facilities finance agency, with respect
thereto, such real property and any facilities thereon shall revert to
such city or county with right of re-entry thereupon, and such lease or
deed shall be made subject to such condition of reverter and re-entry;
provided, however, that as a condition precedent to the exercise of such
right of re-entry, such city or county shall pay an amount equal to the
sum of the purchase price of such real property, the depreciated cost of
any facility or facilities constructed, reconstructed, rehabilitated or
improved thereon, and all other costs of the corporation or the New York
state housing finance agency or the state medical care facilities
finance agency incident to the costs of the acquisition of such real
property and the financing of construction, reconstruction, rehabili-
tation or improvement relating to such facility or facilities, all as
provided in the aforesaid lease, sublease or other agreement entered
into with such city or county.
c. No real property or interest therein shall be acquired by the
corporation pursuant to this subdivision unless title thereto shall have
been approved by the attorney general.
d. The attorney general shall pass upon the form and sufficiency and
manner of execution of any deed of conveyance and of any lease of real
property authorized to be given under this subdivision by any city or
county to the corporation, and any lease, sublease or agreement between
the corporation and a city or county, and the same shall not be effec-
tive unless such deed, lease, sublease or agreement shall be so approved
by him.
e. The cost of construction, acquisition, reconstruction, rehabili-
tation or improvement of community mental health and [retardation]
DEVELOPMENTAL DISABILITIES facilities undertaken by the corporation
pursuant to this act may include the cost of acquisition of any real
property leased or conveyed to the corporation pursuant to paragraph a
of this subdivision [six] and the cost of the original furnishing,
equipment, machinery and apparatus as determined by the corporation.
f. The provisions of this act shall not be deemed to prevent a city or
county from financing the cost of constructing, acquiring, reconstruct-
ing, rehabilitating or improving a community mental health and [retarda-
A. 7882 41
tion] DEVELOPMENTAL DISABILITIES facility by the issuance of bonds or
capital notes of such city or county pursuant to the local finance law.
§ 64. The fifth undesignated paragraph of section 2 of section 1 of
chapter 392 of the laws of 1973, constituting the medical care facili-
ties finance agency act, as added by chapter 58 of the laws of 1987, is
amended to read as follows:
Prompt provision of well-equipped, modern hospitals, schools and other
facilities related to the care, maintenance and treatment of mentally
ill[, mentally retarded] and INTELLECTUALLY OR developmentally disabled
persons is also needed in the state. In order to encourage the invest-
ment of private capital in such hospitals, schools and other mental
health services facilities and to assure their timely construction,
acquisition, reconstruction, rehabilitation and improvement, or the
refinancing thereof, the New York state medical care facilities finance
agency should be empowered, through the issuance of its bonds, notes or
other obligations to the private investing public, to obtain all or a
portion of the funds necessary to finance the same and to meet the needs
of patients and staff at such facilities.
§ 65. Subdivisions 4 and 6 of section 5-a of section 1 of chapter 392
of the laws of 1973, constituting the medical care facilities finance
agency act, subdivision 4 as amended by chapter 389 of the laws of 1987,
and subdivision 6 as amended by chapter 672 of the laws of 2019, are
amended to read as follows:
4. As used in this section or in connection with a federally-aided
mortgage loan, the term "project" means a specific work or improvement,
whether or not to effectuate all or any part of a plan, and includes
lands, buildings, improvements, fixtures and personal property
constructed, acquired, reconstructed, refinanced, rehabilitated,
improved, managed, owned or operated by a non-profit corporation pursu-
ant to this section, to provide hospital, residential health care, resi-
dential facilities for [the mentally retarded and] INTELLECTUALLY OR
developmentally disabled PERSONS or [the] mentally disabled PERSONS or
for the care, treatment, training and education of [the mentally
retarded and] INTELLECTUALLY OR developmentally disabled PERSONS or
[the] mentally disabled PERSONS or comprehensive health services facili-
ties and such related incidental and appurtenant facilities as the agen-
cy may approve. The term "project" shall also mean a separate work or
improvement, including lands, buildings, fixtures and personal property
related thereto, managed, owned or operated by a non-profit corporation
pursuant to this section to provide such services, functions, capabili-
ties and facilities as may be convenient or desirable for the operation
of a hospital, a residential health care or comprehensive health
services facility.
6. As used in this section or in connection with federally-aided mort-
gage loan regarding residential facilities for [the mentally retarded
and] INTELLECTUALLY OR developmentally disabled PERSONS or [the] mental-
ly disabled PERSONS or for the care, treatment, training and education
of [the mentally retarded and] INTELLECTUALLY OR developmentally disa-
bled PERSONS or [the] mentally disabled PERSONS the term "commissioner"
shall also mean the commissioner of mental health or the commissioner of
the office for people with developmental disabilities.
§ 66. Paragraph a of subdivision 1 of section 9-a of section 1 of
chapter 392 of the laws of 1973, constituting the medical care facili-
ties finance agency act, as amended by chapter 166 of the laws of 1991,
is amended to read as follows:
A. 7882 42
a. "Mental health services facility" shall mean a building, a unit
within a building, a laboratory, a classroom, a housing unit, a dining
hall, an activities center, a library, real property of any kind or
description, or any structure on or improvement to real property of any
kind or description, including fixtures and equipment which may or may
not be an integral part of any such building, unit, structure or
improvement, a walkway, a roadway or a parking lot, and improvements and
connections for water, sewer, gas, electrical, telephone, heating, air
conditioning and other utility services, or a combination of any of the
foregoing, whether for patient care and treatment or staff, staff family
or service use, located at or related to any psychiatric center, any
developmental center, or any state psychiatric or research institute or
other facility now or hereafter established under the state department
of mental hygiene. A mental health services facility shall also mean and
include a residential care center for adults, a "community mental health
and [retardation] DEVELOPMENTAL DISABILITIES facility", and a state or
voluntary operated treatment facility for use in the conduct of an alco-
holism or substance abuse treatment program as defined in the mental
hygiene law, unless such residential care center for adults, community
mental health and [retardation] DEVELOPMENTAL DISABILITIES facility or
alcoholism or substance abuse facility is expressly excepted or the
context clearly requires otherwise. The definition contained in this
subdivision shall not be construed to exclude therefrom a facility,
whether or not owned or leased by a voluntary agency, to be made avail-
able under lease, or sublease, from the facilities development corpo-
ration to a voluntary agency at the request of the commissioners of the
offices and directors of the divisions of the department of mental
hygiene having jurisdiction thereof for use in providing services in a
residential care center for adults, community mental health and [retar-
dation] DEVELOPMENTAL DISABILITIES services, or for use in the conduct
of an alcoholism or substance abuse treatment program. For purposes of
this section mental health services facility shall also mean mental
hygiene facility as defined in subdivision ten of section three of the
facilities development corporation act.
§ 67. Whenever the term "intellectual disability" or "intellectual or
developmental disability" or any equivalent expression thereof is used
in any provision of law amended pursuant to this act, such term shall be
deemed to mean the same as the definition of the term "developmental
disability" pursuant to subdivision 22 of section 1.03 of the mental
hygiene law.
§ 68. This act shall take effect immediately, provided, however, that
the amendments to paragraph (k) of subdivision 1 of section 364-j of the
social services law made by section fifty of this act shall not affect
the repeal of such section and shall be deemed repealed therewith; and
provided further, that the amendments to subclause (iii) of clause (c)
of subparagraph 4 of paragraph b of subdivision 1 of section 4402 of the
education law made by section seventeen of this act shall be subject to
the expiration and reversion of such subdivision pursuant to subdivision
d of section 27 of chapter 378 of the laws of 2007, as amended when upon
such date the provisions of section eighteen of this act shall take
effect.