S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6793
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 17, 2021
                                ___________
 
 Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Disabilities
 
 AN ACT to amend the  abandoned  property  law,  the  arts  and  cultural
   affairs  law,  the banking law, the county law, the criminal procedure
   law, the debtor and creditor law,  the  domestic  relations  law,  the
   education  law,  the  executive law, the family court act, the general
   construction law, the insurance law, the judiciary law,  the  legisla-
   tive  law,  the  mental hygiene law, the public health law, the public
   lands law, the private housing finance law, the real property  actions
   and proceedings law, the real property law, the real property tax law,
   the  social  services  law,  the  tax  law, the facilities development
   corporation act, the New York state medical  care  facilities  finance
   agency  act,  the  administrative code of the city of New York and the
   New York city charter, in relation to replacing  the  terms  "mentally
   retarded"  and "mental retardation" with "intellectually disabled" and
   "intellectual disability"
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Section  215 of the abandoned property law, as amended by
 chapter 550 of the laws of 1978, is amended to read as follows:
   § 215. Claims against state. Where an action has  been  commenced  and
 final  judgment  in favor of the people entered therein by reason of the
 escheat of real property to the people and the said  property  has  been
 sold pursuant to section two hundred four, any party or parties thereto,
 or  their  successors  in  interest,  who, but for the rendering of such
 final judgment would have been entitled to such  real  property,  or  an
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10921-02-1

 S. 6793                             2
 
 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 DISABILITY or have been under the age of eighteen 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 author-
 ized  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 pursu-
 ant to section two hundred four.
   §  2.  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  DISABLED,  or  when  presenting  the  appearance  of any
 deformity or unnatural physical formation or development; or
   § 3. 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]  INTELLEC-
 TUALLY  DISABLED  person,  person  of  unsound  mind,  alcohol abuser or
 conservatee or in any other fiduciary capacity;
   § 4. 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]  INTELLECTU-
 ALLY DISABLED person or alcohol abuser or conservator of the estate of a
 conservatee, or to make any fiduciary appointment, may appoint any trust
 company  to  be such trustee, guardian, receiver, committee or conserva-
 tor, or to act in any other fiduciary capacity.
   § 5. Subdivision 1 of section 707 of the county law, as added by chap-
 ter 1 of the laws of 1995, is amended to read as follows:
   1. Notwithstanding any other provision of law to the contrary, upon  a
 finding  in  an  ex parte proceeding that expert services are reasonably
 necessary for the prosecution of the case  whether  in  connection  with
 issues  relating  to  guilt or sentencing or that investigative services
 relating to a separate sentencing  proceeding  or  [mental  retardation]
 INTELLECTUAL DISABILITY hearing pursuant to section 400.27 of the crimi-
 nal  procedure  law  are  reasonably  necessary,  the  trial court shall
 authorize the payment of fees and expenses for such services.    Upon  a
 finding  that  timely procurement of such services could not practicably
 await prior authorization, the court may  authorize  the  provision  and
 payment for such services nunc pro tunc.

 S. 6793                             3
 
   §  6.  Paragraph  (d)  of  subdivision  1 and the opening paragraph of
 subdivision 2 of section 330.20 of the criminal procedure law, paragraph
 (d) as amended by chapter 672 of the laws of 2019 and the opening  para-
 graph  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-
 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 judgment is so impaired that he is unable to understand the
 need  for  such  care and treatment; and, where a defendant is [mentally
 retarded] INTELLECTUALLY DISABLED, 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  devel-
 opmental   center  or  other  residential  facility  for  the  [mentally
 retarded] INTELLECTUALLY DISABLED and developmentally disabled under the
 jurisdiction of the state office for people with developmental disabili-
 ties.
   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 DISABLED. The court may authorize a psychiatrist 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.  Paragraph  (b) of subdivision 9, paragraphs (a), (b), (c), (d),
 (e) and (f) of subdivision 12, paragraphs (a) and (c) of subdivision  13
 and the opening paragraph of paragraph (a) and paragraph (c) of subdivi-
 sion  14  of section 400.27 of the criminal procedure law, paragraph (b)
 of subdivision 9, paragraphs (a), (b), (c), (d), (e) and (f) of subdivi-
 sion 12 and paragraph (a) of subdivision 13 as added by chapter 1 of the
 laws of 1995, paragraph (c) of subdivision 13 as amended by chapter  230
 of the laws of 2004 and the opening paragraph of paragraph (a) and para-
 graph (c) of subdivision 14 as amended by section 9 of part LLL of chap-
 ter 59 of the laws of 2019, are amended to read as follows:
   (b)  The  defendant was [mentally retarded] INTELLECTUALLY DISABLED at
 the time of the crime, or the defendant's mental capacity  was  impaired
 or  his  ability  to  conform his conduct to the requirements of law was
 impaired but not so impaired in either case as to constitute  a  defense
 to prosecution;
   (a)  Upon  the  conviction of a defendant for the offense of murder in
 the first degree as defined in section 125.27  of  the  penal  law,  the
 court  shall,  upon oral or written motion of the defendant based upon a
 showing that there is reasonable cause to believe that the defendant  is
 [mentally  retarded] INTELLECTUALLY DISABLED, promptly conduct a hearing
 without a jury to determine whether the defendant is [mentally retarded]
 INTELLECTUALLY DISABLED. Upon the consent of both parties, such a  hear-
 ing,  or  a portion thereof, may be conducted by the court contemporane-
 ously with the separate sentencing proceeding in  the  presence  of  the

 S. 6793                             4
 
 sentencing  jury,  which  in  no  event  shall be the trier of fact with
 respect to the hearing. At such hearing the defendant has the burden  of
 proof  by  a  preponderance  of the evidence that he or she is [mentally
 retarded]  INTELLECTUALLY  DISABLED. The court shall defer rendering any
 finding pursuant to this subdivision as  to  whether  the  defendant  is
 [mentally  retarded] INTELLECTUALLY DISABLED until a sentence is imposed
 pursuant to this section.
   (b) In the event the defendant is sentenced pursuant to  this  section
 to life imprisonment without parole or to a term of imprisonment for the
 class  A-I felony of murder in the first degree other than a sentence of
 life imprisonment without parole, the court shall not render  a  finding
 with respect to whether the defendant is [mentally retarded] INTELLECTU-
 ALLY DISABLED.
   (c)  In  the event the defendant is sentenced pursuant to this section
 to death, the court shall thereupon render a  finding  with  respect  to
 whether the defendant is [mentally retarded] INTELLECTUALLY DISABLED. If
 the  court  finds  the  defendant  is [mentally retarded] INTELLECTUALLY
 DISABLED, the court shall set aside the sentence of death  and  sentence
 the defendant either to life imprisonment without parole or to a term of
 imprisonment  for  the  class  A-I  felony of murder in the first degree
 other than a sentence of life imprisonment without parole. If the  court
 finds the defendant is not [ mentally retarded] INTELLECTUALLY DISABLED,
 then  such  sentence  of  death  shall not be set aside pursuant to this
 subdivision.
   (d) In the event that a defendant is convicted of murder in the  first
 degree  pursuant  to  subparagraph (iii) of paragraph (a) of subdivision
 one of section 125.27 of the penal law, and the killing  occurred  while
 the  defendant  was  confined  or  under custody in a state correctional
 facility or local correctional institution, and a sentence of  death  is
 imposed, such sentence may not be set aside pursuant to this subdivision
 upon the ground that the defendant is [mentally retarded] INTELLECTUALLY
 DISABLED. Nothing in this paragraph or paragraph (a) of this subdivision
 shall  preclude  a  defendant  from  presenting  mitigating  evidence of
 [mental retardation] INTELLECTUAL DISABILITY at the separate  sentencing
 proceeding.
   (e) The foregoing provisions of this subdivision notwithstanding, at a
 reasonable  time  prior  to the commencement of trial the defendant may,
 upon a written motion alleging reasonable cause to believe the defendant
 is [mentally retarded]  INTELLECTUALLY  DISABLED,  apply  for  an  order
 directing that [a mental retardation] AN INTELLECTUAL DISABILITY hearing
 be  conducted  prior to trial. If, upon review of the defendant's motion
 and any response thereto, the court finds reasonable  cause  to  believe
 the  defendant  is [mentally retarded] INTELLECTUALLY DISABLED, it shall
 promptly conduct a hearing without  a  jury  to  determine  whether  the
 defendant  is  [mentally retarded] INTELLECTUALLY DISABLED. In the event
 the court finds after the hearing that the defendant  is  not  [mentally
 retarded] INTELLECTUALLY DISABLED, the court must, prior to commencement
 of trial, enter an order so stating, but nothing in this paragraph shall
 preclude  a  defendant  from  presenting  mitigating evidence of [mental
 retardation] INTELLECTUAL DISABILITY at a separate  sentencing  proceed-
 ing.  In the event the court finds after the hearing that the defendant,
 based upon a preponderance  of  the  evidence,  is  [mentally  retarded]
 INTELLECTUALLY DISABLED, the court must, prior to commencement of trial,
 enter  an order so stating. Unless the order is reversed on an appeal by
 the people or unless the provisions of paragraph (d) of this subdivision
 apply, a separate sentencing proceeding under this section shall not  be

 S. 6793                             5

 conducted  if  the  defendant  is  thereafter convicted of murder in the
 first degree. In the event  a  separate  sentencing  proceeding  is  not
 conducted,  the  court,  upon conviction of a defendant for the crime of
 murder  in the first degree, shall sentence the defendant to life impri-
 sonment without parole or to a sentence of imprisonment  for  the  class
 A-I  felony  of murder in the first degree other than a sentence of life
 imprisonment without parole.  Whenever [a mental retardation] AN  INTEL-
 LECTUAL DISABILITY hearing is held and a finding is rendered pursuant to
 this  paragraph,  the  court may not conduct a hearing pursuant to para-
 graph (a) of this subdivision. For  purposes  of  this  subdivision  and
 paragraph  (b)  of  subdivision  nine of this section, ["mental retarda-
 tion"] "INTELLECTUAL DISABILITY" means significantly subaverage  general
 intellectual functioning existing concurrently with deficits in adaptive
 behavior which were manifested before the age of eighteen.
   (f)  In  the event the court enters an order pursuant to paragraph (e)
 of this subdivision finding that the defendant  is  [mentally  retarded]
 INTELLECTUALLY  DISABLED,  the  people  may  appeal as of right from the
 order pursuant to subdivision ten of section  450.20  of  this  chapter.
 Upon  entering  such an order the court must afford the people a reason-
 able period of time, which shall not be less than ten days, to determine
 whether to take an appeal from the order finding that the  defendant  is
 [mentally  retarded] INTELLECTUALLY DISABLED. The taking of an appeal by
 the people stays the effectiveness of the court's order  and  any  order
 fixing a date for trial. Within six months of the effective date of this
 subdivision,  the  court  of  appeals  shall  adopt rules to ensure that
 appeals pursuant to this paragraph are expeditiously perfected, reviewed
 and determined so that pretrial delays are minimized. Prior to  adoption
 of  the  rules,  the  court  of  appeals  shall issue proposed rules and
 receive written comments thereon from interested parties.
   (a) As used in this subdivision, the term "psychiatric evidence" means
 evidence of mental disease,  defect  or  condition  in  connection  with
 either a mitigating factor defined in this section or [a mental retarda-
 tion]  AN INTELLECTUAL DISABILITY hearing pursuant to this section to be
 offered by a psychiatrist, psychologist or other person who has received
 training, or education, or has experience relating  to  the  identifica-
 tion,  diagnosis,  treatment  or  evaluation  of  mental disease, mental
 defect or mental condition.
   (c) When a defendant serves notice pursuant to this  subdivision,  the
 district  attorney  may  make application, upon notice to the defendant,
 for an order directing that the defendant submit to an examination by  a
 psychiatrist,  licensed psychologist, or licensed clinical social worker
 designated by the  district  attorney,  for  the  purpose  of  rebutting
 evidence  offered  by  the  defendant  with respect to a mental disease,
 defect, or condition in  connection  with  either  a  mitigating  factor
 defined  in  this  section,  including  whether the defendant was acting
 under  duress,  was  mentally  or  emotionally  disturbed  or  [mentally
 retarded] INTELLECTUALLY DISABLED, or was under the influence of alcohol
 or  any drug. If the application is granted, the district attorney shall
 schedule a time and place for the examination, which shall be  recorded.
 Counsel  for  the  people  and  the defendant shall have the right to be
 present at the examination. A transcript of  the  examination  shall  be
 made available to the defendant and the district attorney promptly after
 its  conclusion.    The  district  attorney  shall promptly serve on the
 defendant a written copy of the findings and evaluation of the examiner.
 If the court finds that the defendant has wilfully refused to  cooperate
 fully  in  an  examination  pursuant  to  this paragraph, it shall, upon

 S. 6793                             6

 request of the district attorney, instruct the jury that  the  defendant
 did  not  submit  to or cooperate fully in such psychiatric examination.
 When a defendant is subjected to an examination  pursuant  to  an  order
 issued  in  accordance  with this subdivision, any statement made by the
 defendant for the purpose of the examination shall  be  inadmissible  in
 evidence  against  him in any criminal action or proceeding on any issue
 other than that of whether a mitigating factor has been  established  or
 whether  the  defendant  is [mentally retarded] INTELLECTUALLY DISABLED,
 but such statement is admissible upon such an issue whether  or  not  it
 would otherwise be deemed a privileged communication.
   At  a  reasonable time prior to the sentencing proceeding or [a mental
 retardation] AN INTELLECTUAL DISABILITY hearing:
   (c) If, after complying with the provisions  of  this  section  or  an
 order pursuant thereto, a party finds either before or during a sentenc-
 ing  proceeding or [mental retardation] INTELLECTUAL DISABILITY hearing,
 additional material subject to discovery or covered by court order,  the
 party shall promptly make disclosure or apply for a protective order.
   §  8.  Subdivision 10 of section 450.20 of the criminal procedure law,
 as added by chapter 1 of the  laws  of  1995,  is  amended  to  read  as
 follows:
   10.  An order, entered pursuant to paragraph (e) of subdivision twelve
 of section 400.27, finding that the  defendant  is  [mentally  retarded]
 INTELLECTUALLY DISABLED.
   § 9. 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]  INTELLECTUALLY  DISABLED  person, alcohol
 abuser or conservatee may, upon the application of the committee of  the
 property  of such incompetent person or the conservator of the conserva-
 tee, and for good and sufficient cause shown, and upon such terms as  it
 may  direct,  authorize the committee or conservator 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  fraudu-
 lently  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.
   §  10. Section 252 of the debtor and creditor law, as amended by chap-
 ter 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] INTELLECTUAL DISABILITY or alcohol abuse, to manage
 his affairs, or a conservator of the property  of  a  conservatee,  may,
 under  direction  of  the  court exercising jurisdiction 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 hands as such committee or conservator, as may  be  necessary  to
 pay  and  discharge  the  proper  claims of creditors 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

 S. 6793                             7
 
 distribute the same according  to  law  among  the  creditors  who  have
 presented  and proved their claims as in this article provided, and such
 payment, when so made in good faith and under direction of  such  court,
 shall  relieve  such  committee  or  conservator  and  his sureties from
 liability to creditors who have failed to present  their  claims  as  in
 this article provided.
   §  11.  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 DISABILITY and muscular and bone defects.
   § 12. 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  DISABLED, proof shall be submitted
 that such disability exists at the time of the proposed adoption.
   § 13. 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] AN INTELLECTUALLY DISABLED person  or
 mentally  ill person.   An action to annul a marriage on the ground that
 one of the parties thereto was [a mentally retarded]  AN  INTELLECTUALLY
 DISABLED  person  may  be maintained at any time during the life-time of
 either party by any relative of [a mentally retarded] AN  INTELLECTUALLY
 DISABLED  person,  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] INTELLECTUALLY DISABLED person 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] INTELLECTUALLY DISABLED person or mentally ill person.
   § 14. 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] INTEL-
 LECTUALLY  DISABLED  person  or  mentally ill person maintains an action
 annulling a marriage, the court may dismiss the complaint if justice  so

 S. 6793                             8
 
 requires, although, in a like case, the party to the marriage, if plain-
 tiff, would be entitled to judgment.
   §  15.  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] INTELLECTUALLY
 DISABLED minors operated by  a  private  organization  approved  by  the
 commissioner of education.
   §  16.  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] INTELLECTUALLY DISA-
 BLED, mentally ill and severely physically handicapped.  1.  Declaration
 of  purpose.   The conditions of [mental retardation] INTELLECTUAL DISA-
 BILITY, 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 institutionalization  in  already  overcrowded  state
 schools  and  facilities. The family retains closer contact with him and
 is spared the anxieties naturally attaching to separation  and  institu-
 tionalization.  All  of  these  factors  have also been shown to reflect
 tangible benefit upon the [mentally retarded]  INTELLECTUALLY  DISABLED,
 mentally ill and severely physically handicapped person in improving his
 overall  condition.  The  purpose  of  this  measure  is to specifically
 encourage the development, 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]  INTELLECTUALLY
 DISABLED,  mentally  ill  and severely physically handicapped persons in
 extended sheltered employment in workshops.  Notwithstanding  any  other
 provision  of  this article, when it shall appear to the satisfaction of
 the department  that  a  [mentally  retarded]  INTELLECTUALLY  DISABLED,
 mentally  ill or severely physically handicapped person over the chrono-
 logical age of seventeen years can reasonably  be  expected  to  benefit
 from,  or  in  his best interests reasonably requires extended sheltered
 employment in a workshop as defined in section ten hundred two, subdivi-
 sion eight of article  twenty-one  of  this  chapter,  furnished  by  an
 approved  non-profit  organization,  the  department  is  authorized  to
 contract with such organization for the  furnishing  of  such  sheltered
 employment to such [mentally retarded] INTELLECTUALLY DISABLED, mentally
 ill  or  severely  physically  handicapped person; 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]  INTELLECTUALLY  DISABLED, mentally ill or severely physically
 handicapped person, for or towards the cost of providing such  sheltered
 employment  for  each  such [mentally retarded] INTELLECTUALLY DISABLED,
 mentally ill or severely physically handicapped person.
   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.

 S. 6793                             9
 
   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]  INTELLECTUALLY DISABLED, mentally ill and severely
 physically handicapped persons. Such inspection shall also determine the
 eligibility of such organization to receive the funds hereinbefore spec-
 ified.
   §  17.  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] INTELLECTUALLY DISABLED children 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 operating  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 commis-
 sioner.
   § 18. Paragraphs a, b, and c, and subparagraphs 1, 8 and 13  of  para-
 graph 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 chap-
 ter 563 of the laws of 1980, paragraph b as amended  by  section  26  of
 part  B of chapter 57 of the laws of 2007, 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.  Children who reside in a school for the [mentally retarded] INTEL-
 LECTUALLY DISABLED operated by the department of mental hygiene and  for
 whom  the  department has assumed responsibility for support and mainte-
 nance 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]  INTEL-
 LECTUALLY  DISABLED 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

 S. 6793                            10
 
 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  department of mental hygiene assumed
 responsibility for the support and maintenance of such child shall reim-
 burse 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 four thousand  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 paragraph 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 maintenance.
   c. (1) The education department is authorized to reimburse each school
 district furnishing educational services to children residing in schools
 for  the  [mentally  retarded]  INTELLECTUALLY  DISABLED operated by the
 office for people with developmental disabilities for the direct cost of
 such services in accordance with regulations promulgated by the  commis-
 sioner 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 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] INTELLECTUALLY DISABLED 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  reimburse-
 ment 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] INTELLECTUALLY DISABLED, other than a state operated
 school for the [mentally retarded] INTELLECTUALLY DISABLED,  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

 S. 6793                            11
 
 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]  INTELLECTUALLY  DISABLED  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] INTELLECTUALLY DISABLED.  Such report shall also
 be sent to the parent or guardian of the child and the office for people
 with developmental disabilities.
   §  19.  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]
 INTELLECTUAL  DISABILITY  or  a  developmental  disability, or the local
 mental health agency, where the primary reason the child is at  risk  of
 placement relates to any other mental disability.
   §  20.  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
 reason the child is at risk of placement relates to [mental retardation]
 INTELLECTUAL  DISABILITY  or  a  developmental  disability, or the local
 mental health agency, where the primary reason the child is at  risk  of
 placement relates to any other mental disability.
   §  21.  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
 DISABILITY and developmental disabilities facilities  or  state  correc-
 tional facilities.
   §  22. 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] INTELLECTUALLY  DISABLED,  in  the
 manner and by the methods prescribed and set forth in the penal law.
   §  23.  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:

 S. 6793                            12
 
   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] AN INTELLECTUAL DISABILITY and other  develop-
 mental  disabilities  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  such an exemption and who shows, to the department's satisfac-
 tion, that there would be no need because of the nature of  his  or  her
 practice for him or her to complete such training;
   §  24.  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] INTELLECTU-
 ALLY  DISABLED and will substantially benefit from care and treatment in
 such a state school or hospital; and
   § 25. 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 DISABLED children.
   §  26. Section 28 of the general construction law, as amended by chap-
 ter 550 of the laws of 1978, is amended to read as follows:

 S. 6793                            13
 
   § 28. Lunatic, mentally ill person, lunacy  and  mental  illness.  The
 terms  lunatic,  mentally  ill person, lunacy and mental illness include
 every kind of unsoundness of mind except idiocy or [mental  retardation]
 INTELLECTUAL DISABILITY.
   § 27. 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, developmental
 disability,  or  [mental retardation] INTELLECTUAL DISABILITY as defined
 in the mental hygiene law, or physical handicap and who became so  inca-
 pable  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
   §  28.  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 subdivision 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, developmental disa-
 bility, or [mental retardation] INTELLECTUAL DISABILITY, 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 incapaci-
 ty for self-sustaining employment by reason of mental illness,  develop-
 mental  disability  or  [mental  retardation] INTELLECTUAL DISABILITY as
 defined in the mental hygiene law or physical handicap.
   § 29. 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, developmental
 disability, [mental retardation] INTELLECTUAL DISABILITY, 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  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.

 S. 6793                            14
 
   §  30. 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, developmental disabili-
 ty, [mental retardation] INTELLECTUAL  DISABILITY,  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.
   (3) Coverage of an unmarried dependent child who is incapable of self-
 sustaining  employment  by reason of mental illness, developmental disa-
 bility or [mental retardation] INTELLECTUAL DISABILITY,  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.
   §  31.  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, developmental disabili-
 ty, [mental retardation] INTELLECTUAL  DISABILITY,  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 such member for support and main-
 tenance,  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.
   § 32. 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
 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 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 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 counsel 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 appellate court may  assign  counsel

 S. 6793                            15
 
 to  represent  such person upon the appeal if it is satisfied that he is
 financially unable to obtain counsel.
   §  33. That portion of subdivision 1 of section 5-a of the legislative
 law entitled "ASSEMBLYMEN SERVING IN SPECIAL CAPACITY",  as  amended  by
 section  3  of  part XX of chapter 56 of the laws of 2009, is amended to
 read as follows:
 
                  ASSEMBLYMEN SERVING IN SPECIAL CAPACITY
 
 Chairman of assembly ways and means committee ................... 34,000
 Ranking minority member of assembly ways and means
  committee ...................................................... 20,500
 Chairman of assembly judiciary committee ........................ 18,000
 Ranking minority member of assembly judiciary
  committee ...................................................... 11,000
 Chairman of assembly codes committee ............................ 18,000
 Ranking minority member of assembly codes
  committee ...................................................... 11,000
 Chairman of assembly banks committee ............................ 15,000
 Ranking minority member of assembly banks committee .............. 9,500
 Chairman of assembly committee on cities ........................ 15,000
 Ranking minority member of assembly committee on cities .......... 9,500
 Chairman of assembly education committee ........................ 18,000
 Ranking minority member of assembly education committee ......... 11,000
 Chairman of assembly health committee ........................... 15,000
 Ranking minority member of assembly health committee ............. 9,500
 Chairman of assembly local governments committee ................ 15,000
 Ranking minority member of assembly local governments
  committee ....................................................... 9,500
 Chairman of assembly agriculture committee ...................... 12,500
 Ranking minority member of assembly agriculture committee ........ 9,000
 Chairman of assembly economic development, job creation,
  commerce and industry committee ................................ 18,000
 Ranking minority member of assembly economic development,
  job creation, commerce and industry committee .................. 11,000
 Chairman of assembly environmental conservation committee ....... 12,500
 Ranking minority member of assembly environmental
  conservation committee .......................................... 9,000
 Chairman of assembly corporations, authorities
  and commissions committee ...................................... 15,000
 Ranking minority member of assembly corporations,
  authorities, and commissions committee .......................... 9,500
 Chairman of assembly correction committee ....................... 12,500
 Ranking minority member of assembly correction committee ......... 9,000
 Chairman of assembly ethics and guidance committee .............. 12,500
 Ranking minority member of assembly ethics and guidance
  committee ....................................................... 9,000
 Chairman of assembly governmental employees committee ........... 12,500
 Ranking minority member of assembly governmental
  employees committee ............................................. 9,000
 Chairman of assembly governmental operations committee .......... 12,500
 Ranking minority member of assembly governmental
  operations committee ............................................ 9,000
 Chairman of assembly housing committee .......................... 12,500
 Ranking minority member of assembly housing committee ............ 9,000
 Chairman of assembly insurance committee ........................ 12,500

 S. 6793                            16

 Ranking minority member of assembly insurance committee .......... 9,000
 Chairman of assembly labor committee ............................ 14,000
 Ranking minority member of assembly labor committee .............. 9,000
 Chairman of assembly racing and wagering committee .............. 12,500
 Ranking minority member of assembly racing and wagering
  committee ....................................................... 9,000
 Chairman of assembly social services committee .................. 12,500
 Ranking minority member of assembly social services
  committee ....................................................... 9,000
 Chairman of assembly small business committee ................... 12,500
 Ranking minority member of assembly small business
  committee ....................................................... 9,000
 Chairman of assembly transportation committee ................... 15,000
 Ranking minority member of assembly transportation
  committee ....................................................... 9,500
 Chairman of assembly veterans' affairs committee ................ 12,500
 Ranking minority member of assembly veterans' affairs
  committee ....................................................... 9,000
 Chairman of assembly aging committee ............................ 12,500
 Ranking minority member of assembly aging committee .............. 9,000
 Chairman of the assembly alcoholism and drug abuse
  committee ...................................................... 12,500
 Ranking minority member of the assembly
  alcoholism and drug abuse committee ............................. 9,000
 Chairman of assembly committee on mental health[,
  mental retardation and developmental disabilities] ............. 12,500
 Ranking minority member of assembly committee on mental health[,
  mental retardation and developmental disabilities] .............. 9,000
 Chairman of assembly higher education committee ................. 12,500
 Ranking minority member of assembly higher education
  committee ....................................................... 9,000
 Chairman of assembly real property taxation committee ........... 12,500
 Ranking minority member of assembly real property
  taxation committee .............................................. 9,000
 Chairman of assembly election law committee ..................... 12,500
 Ranking minority member of assembly election
  law committee ................................................... 9,000
 Chairman of assembly children and families committee ............ 12,500
 Ranking minority member of assembly children
  and families committee .......................................... 9,000
 Chairman of assembly consumer affairs and protection
  committee ...................................................... 12,500
 Ranking minority member of assembly consumer affairs and
  protection committee ............................................ 9,000
 Chairman of the assembly energy committee ....................... 12,500
 Ranking minority member of assembly energy committee ............. 9,000
 Chairman of assembly tourism, parks, arts and sports development
  committee ...................................................... 12,500
 Ranking minority member of assembly tourism, parks, arts and
  sports development committee .................................... 9,000
 Chairman of assembly oversight, analysis and investigation
  committee ...................................................... 12,500
 Ranking minority member of assembly oversight,
  analysis and investigation committee ............................ 9,000
 Chairman of assembly office of state-federal relations .......... 12,500
 Chairman of majority house operations ........................... 12,500

 S. 6793                            17
 
 Chairman of minority house operations ............................ 9,000
 Co-chairman of the administrative regulations review
  commission ..................................................... 12,500
 
   §  34.  The  closing  paragraph of section 13.01 of the mental hygiene
 law, as added by chapter 168 of the laws of 2010, is amended to read  as
 follows:
   Any  provisions  of  this article which explicitly or implicitly apply
 to, or reference, persons who  are  [mentally  retarded]  INTELLECTUALLY
 DISABLED, shall be deemed to apply to, or reference, persons with devel-
 opmental disabilities.
   §  35.  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] INTELLECTUALLY
                            DISABLED TO SCHOOLS
   §  36.  The  seventh  undesignated  paragraph  of section 15.01 of the
 mental hygiene law, as added by chapter 78  of  the  laws  of  2000,  is
 amended to read as follows:
   any  provisions  of  this article which explicitly or implicitly apply
 to, or reference, persons who are, or who are alleged to  be,  [mentally
 retarded]  INTELLECTUALLY DISABLED shall be deemed to apply to, or to be
 a reference to, persons who are, or who  are  alleged  to  be,  develop-
 mentally disabled.
   §  37.  The  closing  paragraph of section 16.00 of the mental hygiene
 law, as added by chapter 168 of the laws of 2010, is amended to read  as
 follows:
   Any  provisions  of  this article which explicitly or implicitly apply
 to, or reference, persons who  are  [mentally  retarded]  INTELLECTUALLY
 DISABLED, shall be deemed to apply to, or reference, persons with devel-
 opmental disabilities.
   §  38.  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] INTELLECTUALLY DISABLED and devel-
 opmentally disabled, and those suffering from the disease of alcoholism,
 alcohol abuse, substance abuse or substance dependence  consistent  with
 the  requirements of articles nine, fifteen and twenty-one of this chap-
 ter taking into account characteristics of clients and providers;
   2. develop standards for discharges from all facilities for  the  care
 of  the  mentally  ill,  [mentally retarded] INTELLECTUALLY DISABLED and
 developmentally disabled, and those suffering from the disease of  alco-
 holism,  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;
   §  39. 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

 S. 6793                            18
 
 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]  INTELLECTUALLY  DISABLED or develop-
 mentally disabled persons who were patients in a state  facility  for  a
 continuous period of five or more years following the first day of Janu-
 ary,  nineteen  hundred  sixty-nine,  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 servicing 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  facility  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.
   § 40. Paragraph 1 of subdivision (a) and paragraphs 1 and 2 of  subdi-
 vision (c) of section 41.40 of the mental hygiene law, as added by chap-
 ter 548 of the laws of 1982, are amended to read as follows:
   1. "Respite"  shall  mean  the  provision  of  intermittent  temporary
 substitute care of [mentally retarded] INTELLECTUALLY DISABLED or devel-
 opmentally disabled persons on behalf of  and  in  the  absence  of  the
 parent or legal guardian of the [mentally retarded] INTELLECTUALLY DISA-
 BLED  or  developmentally  disabled person, for the purpose of providing
 relief from the stresses of responsibilities concommitant with providing
 continued care. Respite shall not exceed forty-two days in any  calendar
 year  for  any  individual  except where authorized by the commissioner,
 subject to the approval of the director of the budget.
   1. An analysis of  the  effectiveness  of  respite  in  promoting  the
 continuance  of quality care for such [mentally retarded] INTELLECTUALLY
 DISABLED and developmentally disabled persons.
   2.  A  qualitative  and  quantitative  analysis  of  respite  services
 rendered  by providers herein, together with demographic analysis of the
 families and [mentally retarded]  INTELLECTUALLY  DISABLED  or  develop-
 mentally disabled persons participating in the project and the degree of
 disability of participants.
   §  41.  The article heading of article 75 of the mental hygiene law is
 amended to read as follows:
               COMMUNITY MENTAL HEALTH SERVICES AND [MENTAL
                   RETARDATION] INTELLECTUAL DISABILITY
                            SERVICES COMPANIES
   § 42. Subdivisions 1, 2 and 4 of section 75.05 of the  mental  hygiene
 law,  subdivision  4  as  amended  by  chapter  570 of the laws 1982, is
 amended to read as follows:
   1. "Company", "community mental health services company" or "community
 [mental retardation] INTELLECTUAL DISABILITY services company". A compa-
 ny, 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]

 S. 6793                            19
 
 INTELLECTUALLY  disabled,  and  such  facilities as may be incidental or
 appurtenant thereto.
   2. "Project", "community mental health services project" or "community
 [mental   retardation]  INTELLECTUAL  DISABILITY  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] INTELLECTUALLY  disabled  or
 for the care, treatment, training, education of the [mentally] INTELLEC-
 TUALLY 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] INTELLECTUAL DISABILITY 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  develop-
 ment  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 indebtedness associ-
 ated with the development of the project which  constitutes  a  lien  or
 other  encumbrance  upon  the real property or assets of a company 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 percentum of the
 actual total final cost, whichever is larger, the cost of all  necessary
 studies,  surveys, plans and specifications, architectural, 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.
   §  43.  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

 S. 6793                            20
 
 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 DISABILITY.
   § 44. 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 DISABILITY or  a  developmental
 disability; it reasonably appears to the attending practitioner that the
 patient  has [mental retardation] AN INTELLECTUAL DISABILITY or a devel-
 opmental disability; or the practitioner has reason to believe that  the
 patient  has been transferred 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:
   §  45.  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:
   Transfer  of  unappropriated  state  lands  for mental health, [mental
 retardation]  INTELLECTUAL  DISABILITY,  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] INTELLECTUAL DISABILITY facilities, park, recreation,  playground,
 reforestation, street or highway purposes, and that they will be proper-
 ly improved and maintained for one or more of such purposes and provided
 that this disposition of such parcel or parcels is not otherwise prohib-
 ited.  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  useful-
 ness  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 there-
 to shall revert to the people of the state of New York, and  the  attor-
 ney-general  may institute an action in the supreme court for a judgment

 S. 6793                            21
 
 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 indicat-
 ing that such unappropriated state lands are  required  for  state  park
 purposes within the area of jurisdiction of such office or department.
   §  46. 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] INTELLECTUAL DISABILITY 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]
 INTELLECTUAL DISABILITY facilities; that there is a need for  non-profit
 corporations  to  construct low cost community mental health and [mental
 retardation] INTELLECTUAL DISABILITY facilities. In order  to  encourage
 the  investment  of  private capital in such community mental health and
 [mental retardation] INTELLECTUAL DISABILITY facilities, and  to  assure
 the  expeditious  completion of such community mental health and [mental
 retardation] INTELLECTUAL DISABILITY  facilities,  the  New  York  state
 housing  finance agency should be empowered, through the issuance of its
 bonds, notes or other obligations to the private  investing  public,  to
 obtain funds necessary to make mortgage loans, at low interest rates, to
 non-profit   corporations  for  the  construction,  acquisition,  recon-
 struction, rehabilitation or  improvement  of  such  mental  health  and
 [mental retardation] INTELLECTUAL DISABILITY facilities.
   §  47.  Subdivisions  6-d,  14,  and 14-a of section 42 of the private
 housing 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] INTELLECTUAL DISABILITY  services
 project  cost, and secured by a first mortgage lien on the real property
 of which the community  mental  health  services  project  or  community
 [mental  retardation]  INTELLECTUAL DISABILITY 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 communi-
 ty  [mental  retardation]  INTELLECTUAL  DISABILITY  services   project.
 "Community  mental health services company," "community [mental retarda-
 tion]  INTELLECTUAL  DISABILITY  services  company,"  "community  mental
 health services project cost," "community [mental retardation] INTELLEC-
 TUAL   DISABILITY  services  project  cost,"  "community  mental  health
 services project" and "community [mental retardation] INTELLECTUAL DISA-
 BILITY services project" shall mean  community  mental  health  services
 company, community [mental retardation] INTELLECTUAL DISABILITY services

 S. 6793                            22
 
 company,  community  mental  health  services  project  cost,  community
 [mental retardation]  INTELLECTUAL  DISABILITY  services  project  cost,
 community  mental health services project and community [mental retarda-
 tion] INTELLECTUAL DISABILITY services project, respectively, as defined
 in article eight-B of the mental hygiene law.
   14.  "Community mental health services and [mental retardation] INTEL-
 LECTUAL DISABILITY services project bonds" and "community mental  health
 services  and  [mental  retardation]  INTELLECTUAL  DISABILITY  services
 project notes" shall mean bonds and notes, respectively, issued  by  the
 agency  for  the purposes of making mortgage loans to companies incorpo-
 rated 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]
 INTELLECTUAL  DISABILITY  services project revenue bonds" and "community
 mental health services and [mental retardation] INTELLECTUAL  DISABILITY
 services  project revenue notes" shall mean bonds and notes, respective-
 ly, issued by the agency for the purpose of  making  mortgage  loans  to
 companies  incorporated  pursuant  to the not-for-profit corporation law
 and article seventy-five 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.
   §  48.  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)  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] INTELLECTUAL DISABILITY 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] INTELLECTUAL DISABIL-
 ITY  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.

 S. 6793                            23
 
   § 49. Subdivisions 1 and 2  of  section  47  of  the  private  housing
 finance  law,  as  amended by chapter 215 of the laws of 1990, paragraph
 (c) of subdivision 1 as amended by chapter 127 of the laws of 2019,  are
 amended to read as follows:
   1.  (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]
 INTELLECTUAL  DISABILITY  services  project  notes  or  community mental
 health  services  and  [mental  retardation]   INTELLECTUAL   DISABILITY
 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-
 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] INTEL-
 LECTUAL DISABILITY 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] INTELLECTUAL  DISABILITY  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]  INTELLECTUAL  DISABILITY  services
 project bonds, community senior citizens services project bonds,  mental

 S. 6793                            24

 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-
 ties bonds, youth facilities  project  bonds,  community  mental  health
 services  and  [mental  retardation]  INTELLECTUAL  DISABILITY  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]  INTELLECTUAL  DISABILITY  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]  INTELLECTUAL  DISABILITY  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] INTELLECTUAL  DISABILITY
 services  project  bonds,  community  senior  citizens  services project

 S. 6793                            25
 
 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]  INTELLECTUAL
 DISABILITY  services  project bonds and community mental health services
 and [mental retardation] INTELLECTUAL DISABILITY 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  principal
 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
 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] INTELLECTUAL  DISABILITY  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] INTELLECTUAL DISABILITY 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 certificate
 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 determined by the New York
 state public authorities control board created pursuant to section fifty

 S. 6793                            26
 
 of  the  public authorities 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  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.
   (e) In computing the amount  of  the  capital  reserve  fund  for  the
 purposes  of  this section, securities in which all or a portion of such
 fund shall be invested shall be valued at par or if  purchased  at  less
 than par, at their cost to the agency.
   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
 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] INTELLECTUAL DISABILITY  services  project  bonds  or  community
 mental  health services and [mental retardation] INTELLECTUAL DISABILITY
 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 hous-
 ing 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  matu-
 rities,  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,

 S. 6793                            27
 
 health  facilities  bonds  or  health facilities notes, youth facilities
 project bonds or youth facilities project notes, community mental health
 services  and  [mental  retardation]  INTELLECTUAL  DISABILITY  services
 project  bonds  or community mental health services and [mental retarda-
 tion] INTELLECTUAL DISABILITY 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.
   § 50. Subdivisions 12 and 13 of section  47  of  the  private  housing
 finance law, subdivision 12 as added by chapter 1034 of the laws of 1969
 and  as renumbered by chapter 48 of the laws of 1970, paragraphs (a) and
 (d) of subdivision 12 as amended by chapter 365 of  the  laws  of  1973,
 paragraphs (b) and (c) of subdivision 12 as amended by chapter 38 of the
 laws  of  1976, and subdivision 13 as amended by chapter 195 of the laws
 of 1973, are amended to read as follows:
   12. (a) The agency may create and establish a special fund to be known
 as community mental health services and [mental retardation] INTELLECTU-
 AL DISABILITY 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 commu-
 nity mental health services and [mental retardation] INTELLECTUAL  DISA-
 BILITY  services  project  notes or community mental health services and
 [mental retardation] INTELLECTUAL DISABILITY 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
 sources.  The  monies  held  in  or credited to the capital reserve fund
 established under this subdivision except as hereinafter provided, shall
 be used solely for the payment of principal of community  mental  health
 services  and  [mental  retardation]  INTELLECTUAL  DISABILITY  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] INTELLECTUAL DISABILITY services project  bonds  of
 the  agency,  the  payment  of  interest on such community mental health
 services  and  [mental  retardation]  INTELLECTUAL  DISABILITY  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]   INTELLECTUAL   DISABILITY
 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]  INTEL-
 LECTUAL  DISABILITY 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]  INTELLECTUAL  DISABILITY  services  capital
 reserve fund due to the investment thereof may  be  transferred  to  the
 community  mental  health services and [mental retardation] INTELLECTUAL
 DISABILITY services general reserve fund or other fund of the agency, to

 S. 6793                            28
 
 the extent it does not reduce the amount of such community mental health
 services and [mental retardation] INTELLECTUAL DISABILITY services capi-
 tal reserve fund below the maximum  amount  of  principal  and  interest
 maturing  and becoming due in any succeeding calendar year on all commu-
 nity mental health services and [mental retardation] INTELLECTUAL  DISA-
 BILITY services project bonds of the agency then outstanding and secured
 by such reserve fund.
   (b)  The  agency  shall not issue community mental health services and
 [mental retardation] INTELLECTUAL DISABILITY services project bonds  and
 notes  in  an  aggregate  principal amount exceeding one hundred million
 dollars excluding community mental health services and [mental  retarda-
 tion]  INTELLECTUAL  DISABILITY  services  project  bonds  and community
 mental health services and [mental retardation] INTELLECTUAL  DISABILITY
 services  project  notes  issued  to refund outstanding community mental
 health  services  and  [mental  retardation]   INTELLECTUAL   DISABILITY
 services  project bonds and community mental health services and [mental
 retardation] INTELLECTUAL DISABILITY services project notes,  nor  shall
 it  issue  community  mental  health  services  and [mental retardation]
 INTELLECTUAL DISABILITY services project bonds at any  time  secured  by
 the  community mental health services and [mental retardation] INTELLEC-
 TUAL DISABILITY services capital reserve fund if the maximum  amount  of
 principal  and interest maturing and becoming due in a succeeding calen-
 dar year on the community mental health services  and  [mental  retarda-
 tion]  INTELLECTUAL  DISABILITY  services  project bonds outstanding and
 then to be issued and secured by the community  mental  health  services
 and   [mental  retardation]  INTELLECTUAL  DISABILITY  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 then
 in such reserve fund, will be not less than the maximum amount of  prin-
 cipal  and interest maturing and becoming due in any succeeding calendar
 year on the community mental health services  and  [mental  retardation]
 INTELLECTUAL  DISABILITY services project bonds then to be issued and on
 all other community mental  health  services  and  [mental  retardation]
 INTELLECTUAL  DISABILITY  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] INTELLECTUAL
 DISABILITY services capital reserve fund of an amount equal to the maxi-
 mum amount of principal and interest maturing and becoming  due  in  any
 succeeding  calendar  year  on  all community mental health services and
 [mental retardation] INTELLECTUAL DISABILITY 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] INTELLECTUAL DISABILITY services capi-
 tal  reserve  fund,  there shall be annually apportioned and paid to the
 agency for deposit in such community mental health services and  [mental
 retardation]  INTELLECTUAL DISABILITY 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  commu-
 nity  mental health services and [mental retardation] INTELLECTUAL DISA-

 S. 6793                            29

 BILITY 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 certificate stating the sums, if any, required to restore
 such community mental health services and [mental retardation] INTELLEC-
 TUAL  DISABILITY  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]  INTELLECTUAL  DISABILITY  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 effec-
 tive  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 authorities 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] INTELLECTUAL DISABILITY 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 amortized value.
   13.  The  agency  shall  create  and  establish a special fund (herein
 referred to as community mental health services and [mental retardation]
 INTELLECTUAL DISABILITY 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] INTELLECTUAL  DISABILITY
 services  capital  reserve  fund pursuant to the provisions of paragraph
 (a) of subdivision ten of this section. Such monies and any other monies
 paid into the community mental health services and [mental  retardation]
 INTELLECTUAL  DISABILITY  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] INTELLECTUAL DISABILITY services capi-

 S. 6793                            30

 tal reserve fund, (e) for the payment of principal of  and  interest  on
 community  mental  health services and [mental retardation] INTELLECTUAL
 DISABILITY services project 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 retardation] INTELLEC-
 TUAL  DISABILITY  services project bonds and notes are redeemed prior to
 their stated maturities and to purchase community mental health services
 and [mental retardation] INTELLECTUAL DISABILITY 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.
   § 51. Subdivision 16 of section 47 of the private housing finance law,
 as  added  by  chapter  570  of  the laws of 1982, is amended to read as
 follows:
   16. (a) The agency may create and establish one or more special  funds
 to be known as community mental health services and [mental retardation]
 INTELLECTUAL  DISABILITY 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] INTELLECTUAL
 DISABILITY services project  revenue  bonds  or  notes,  to  the  extent
 provided in the resolution of the agency authorizing the issuance there-
 of,  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  established
 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] INTELLECTUAL DISABILITY 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 resolution 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 incre-
 ment to, any such community mental health services and [mental  retarda-
 tion]  INTELLECTUAL  DISABILITY services capital reserve fund due to the
 investment thereof may be transferred to the agency, subject  to  agree-
 ments with bondholders and noteholders.
   (b)  In  computing  any  community  mental health services and [mental
 retardation] INTELLECTUAL DISABILITY 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] INTELLECTUAL DISABILITY services general reserve funds) and
 shall  to  the  extent provided in the applicable bond resolution of the
 agency authorizing the issuance of community mental services and [mental
 retardation] INTELLECTUAL DISABILITY 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 transfer from a community
 mental health services and [mental retardation] INTELLECTUAL  DISABILITY

 S. 6793                            31
 
 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] INTELLECTUAL
 DISABILITY  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 repayment agreements between the agen-
 cy 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 facili-
 ties 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  trustees and paying agents, (iv) for
 transfers to a community mental health services and [mental retardation]
 INTELLECTUAL DISABILITY services  capital  reserve  fund,  (v)  for  the
 payment of principal of and interest on community mental health services
 and [mental retardation] INTELLECTUAL DISABILITY services project reven-
 ue  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  retardation]  INTELLECTUAL  DISABILITY
 services project revenue bonds and notes are  redeemed  prior  to  their
 stated  maturities  and to purchase community mental health services and
 [mental retardation] INTELLECTUAL DISABILITY 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.
   §  52.  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, is amended to read as follows:
   a.  "Community mental health and [retardation] INTELLECTUAL DISABILITY
 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 such building, unit or structure or improvement,  a  walkway,  a
 roadway  or  a  parking  lot and improvements and connections for water,
 sewer, gas, electrical, telephone, heating, air conditioning  and  other
 utility  services, or a combination of any of the foregoing, whether for
 patient care and treatment  or  staff,  staff  family  or  service  use,
 located  in  a  city,  or in a county not wholly included within a city,
 authorized to provide community mental  health  services  in  accordance
 with  the  provisions  of  article  forty-one 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] INTELLECTU-
 ALLY DISABLED, or both, and for the provision of  services  therefor.  A
 community mental health and [retardation] INTELLECTUAL DISABILITY facil-
 ity shall also mean and include a residential facility to be operated as
 a  community residence for the [mentally] INTELLECTUALLY 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

 S. 6793                            32
 
 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]
 INTELLECTUAL  DISABILITY  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]  INTELLECTUAL  DISABILITY  services,  or  for  use  in the
 conduct of an alcoholism or substance abuse treatment program.
   § 53. 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.  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 facili-
 ties improvement act (i) for the purpose of  constructing,  reconstruct-
 ing,  rehabilitating  or  improving thereon one or more community mental
 health and [retardation] INTELLECTUAL DISABILITY 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] INTELLECTUAL DISABILITY facilities, pursuant to
 the provisions of this article and the health and mental hygiene facili-
 ties  improvement  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 corpo-
 ration 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] INTELLECTUAL DISA-
 BILITY facility or [facility] FACILITIES 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

 S. 6793                            33

 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]
 INTELLECTUAL  DISABILITY  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] INTELLECTUAL DISABILITY
 facility or facilities, all as provided in the aforesaid lease, sublease
 or other agreement entered into with the corporation.
   § 54. 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]  INTELLECTUAL  DISABILITY 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
 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.
   § 55. 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  DISA-
 BLED, mentally ill or an alcohol abuser.
   §  56.  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]  AN  INTELLECTUALLY  DISABLED  person,  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 OF THIS ARTICLE.

 S. 6793                            34
 
   §  57.  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]  INTELLECTUALLY  DISABLED
 person, mentally ill person, alcohol abuser or  conservatee  holds  real
 property,  in  joint  tenancy  or in common, the general guardian of the
 infant, or the committee of the [mentally retarded] INTELLECTUALLY DISA-
 BLED person, 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 incompetent person or a conservatee who  has
 been  committed to a state institution, and is an inmate thereof, notice
 of such application must be given to the superintendent,  acting  super-
 intendent or state officer having special jurisdiction over the institu-
 tion  where the incompetent person or conservatee is confined. Irrespec-
 tive of the location of any real property held by  an  infant  in  joint
 tenancy  or in common, his 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]  INTELLECTUALLY  DISABLED
 person,  mentally  ill  person,  alcohol  abuser or conservatee, will be
 promoted by the partition proposed, it may make an order authorizing the
 petitioner to agree to the partition proposed, and in the  name  of  the
 infant,  or  of  the [mentally retarded] INTELLECTUALLY DISABLED person,
 mentally ill person, alcohol abuser or conservatee, to execute  releases
 of  his  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] INTELLECTUALLY DISABLED person, mental-
 ly  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] INTELLECTUALLY
 DISABLED person, mentally ill person, or alcohol  abuser  was  of  sound
 mind, and competent to manage his affairs, or the conservatee was compe-
 tent to manage his affairs.
   §  58.  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] AN INTELLECTUALLY DISABLED person,  or  person  of
 unsound  mind,  seized  of  or entitled to an estate or interest in real
 property, may transfer such estate or interest.
   § 59. 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

 S. 6793                            35
 
 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 the mental hygiene  law,  used
 exclusively to provide care, treatment, training, education and residen-
 tial  accommodations  for  operation  as hostels for the mentally ill or
 [mentally retarded]  INTELLECTUALLY  DISABLED,  or  owned  by  companies
 organized pursuant to the membership corporations law and the provisions
 of  article seven-A of the private housing finance 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 nine-
 ty of this chapter, provided, however, that in a  city  having  a  popu-
 lation  of  one  million  or more real property owned by any such corpo-
 ration which is to provide housing accommodations, substantially 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  assist-
 ance contract under section eight hundred eleven of the National Afford-
 able  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  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 therefrom to the extent
 approved by a municipality acting through its local legislative body, as
 such local legislative body is defined in paragraph  twelve  of  section

 S. 6793                            36
 
 two of the private housing finance law. Any tax payments and/or payments
 in  lieu  of  taxes  made  to  a  municipality pursuant to the preceding
 sentence shall not be passed through nor become the liability of any  of
 the occupants of such property.
   §  60.  Paragraph  (c)  of  subdivision  5 of section 62 of the social
 services law, as amended by chapter 344 of the laws of 1973, is  amended
 to read as follows:
   (c)  When  a mentally ill, [mentally retarded] INTELLECTUALLY DISABLED
 or epileptic person is in need of public assistance  or  care  while  on
 convalescent  status or community status from a state hospital or insti-
 tution under the provisions of section 29.15 of the mental hygiene  law,
 the  public welfare district, town or city from which he was admitted to
 such hospital or institution shall  be  responsible  for  providing  and
 paying  for  such  assistance  or  care  as in the case of other persons
 requiring public assistance and care, except  that  such  responsibility
 shall  continue  during any period such person is on convalescent status
 or community  status  outside  the  territory  of  such  public  welfare
 district,  town or city and shall continue thereafter in accordance with
 the provisions of this paragraph and paragraph (b) if  such  person  was
 receiving  or  should have been receiving public assistance or care from
 such public welfare district, town or city outside its territory at  the
 time  he  was  discharged  from  such  convalescent  status or community
 status.
   § 61. The opening paragraph of subdivision 1 of section 131-o  of  the
 social services law, as amended by section 45 of part C of chapter 58 of
 the laws of 2005, is amended to read as follows:
   Each  individual  receiving family care, residential care or care in a
 school for the [mentally retarded] INTELLECTUALLY DISABLED, or  enhanced
 residential  care as those terms are defined in section two hundred nine
 of this chapter, and who is receiving  benefits  under  the  program  of
 additional  state payments pursuant to this chapter while receiving such
 care, shall be entitled to a monthly  personal  allowance  out  of  such
 benefits in the following amount:
   §  62.  Section  199 of the social services law, as amended by chapter
 195 of the laws of 1973, is amended to read as follows:
   § 199. Power of commissioner  of  public  welfare  to  detain  certain
 inmates.  The  commissioner of public welfare shall have power to detain
 in the public home, pending a vacancy for such person in a state  insti-
 tution,  a  person  over  the  age  of sixteen who has been certified as
 [mentally retarded] INTELLECTUALLY DISABLED or epileptic  in  accordance
 with  the  provisions of the mental hygiene law and for whom an applica-
 tion for admission to a state institution has been  made.  Whenever  the
 commissioner  shall  so  detain an inmate in the public home he shall at
 once notify the state department of mental hygiene.
   § 63. Paragraph (e) of subdivision 3 of  section  209  of  the  social
 services  law, as amended by chapter 672 of the laws of 2019, is amended
 to read as follows:
   (e) "Receiving enhanced residential care" shall  mean  residing  in  a
 privately  operated  school  for  the [mentally retarded] INTELLECTUALLY
 DISABLED and developmentally disabled which is certified by  the  office
 for  people  with developmental disabilities of the department of mental
 hygiene, in accordance with applicable provisions of law and regulations
 or an adult home, or enriched housing program certified by  the  depart-
 ment  of health in accordance with applicable law, rules and regulations
 to the extent permitted by federal law and regulations.

 S. 6793                            37
 
   § 64. Subdivision 1 of section 210 of  the  social  services  law,  as
 amended  by  chapter  515  of  the  laws  of 2006, is amended to read as
 follows:
   1. Any inconsistent provisions of this title or any other law notwith-
 standing, but subject to the provisions of subdivisions two and three of
 this  section,  an  individual who is deemed to have met the eligibility
 criteria for additional state payments  pursuant  to  paragraph  (c)  of
 subdivision  one  of  section  two  hundred nine of this title, shall be
 entitled to receive for each  month  after  December,  nineteen  hundred
 seventy-three an additional state payment in an amount which, when added
 to  the supplemental security income benefit and other countable income,
 is equal to such individual's December, nineteen  hundred  seventy-three
 cash  grant  of  assistance under the state's program of old age assist-
 ance, assistance to the blind, aid  to  the  disabled  or  the  combined
 program  of  aid  to  aged,  blind and disabled persons, plus income not
 excluded under such state program, plus an amount equal to the  January,
 nineteen hundred seventy-two bonus value of food stamps as determined in
 accordance with the regulations of the office of temporary and disabili-
 ty  assistance plus, for any month after June, nineteen hundred seventy-
 five, an amount reflecting the federal supplemental  security  increases
 resulting  from July first, nineteen hundred seventy-five cost of living
 increases in such benefits, plus for  any  month  after  June,  nineteen
 hundred  eighty-two, an amount equal to the July first, nineteen hundred
 eighty-two federal supplemental security income cost of  living  adjust-
 ment,  providing  such  individual  was  eligible to receive a mandatory
 state supplement for the month of December, nineteen hundred eighty-one,
 plus for any month after June, nineteen hundred eighty-three, an  amount
 equal to $17.70 for individuals, $26.55 for couples who are living alone
 or  living  with  others  and  $35.40 for couples receiving family care,
 residential care or care in schools for the [mentally  retarded]  INTEL-
 LECTUALLY  DISABLED, plus for any month after December, nineteen hundred
 eighty-three, an amount equal  to  $9.70  for  individuals,  $15.60  for
 couples  who  are  living  alone  or  living  with others and $19.40 for
 couples receiving family care, residential care or care in  schools  for
 the  [mentally  retarded]  INTELLECTUALLY  DISABLED,  plus for any month
 after December, nineteen hundred eighty-four, an amount equal to  $11.00
 for  individuals, $16.00 for couples who are living alone or living with
 others and $22.00 for couples receiving family care, residential care or
 care in schools for the  [mentally  retarded]  INTELLECTUALLY  DISABLED,
 plus  for  any  month  after  December, nineteen hundred eighty-five, an
 amount equal to $11.00 for  individuals,  $16.00  for  couples  who  are
 living  alone  or  living  with  others and $22.00 for couples receiving
 family care, residential care or  care  in  schools  for  the  [mentally
 retarded]  INTELLECTUALLY  DISABLED,  plus for any month after December,
 nineteen hundred eighty-six an amount equal to  $4.00  for  individuals,
 $6.00  for  couples who are living alone or living with others and $8.00
 for couples receiving family care, residential care or care  in  schools
 for  the [mentally retarded] INTELLECTUALLY DISABLED, plus for any month
 after December, nineteen hundred eighty-seven an amount equal to  $14.00
 for  individuals, $22.00 for couples who are living alone or living with
 others and $28.00 for couples receiving family care, residential care or
 care in schools for the  [mentally  retarded]  INTELLECTUALLY  DISABLED,
 plus  for  any  month  after  December, nineteen hundred eighty-eight an
 amount equal to $14.00 for  individuals,  $21.00  for  couples  who  are
 living  alone  or  living  with  others and $28.00 for couples receiving
 family care, residential care or  care  in  schools  for  the  [mentally

 S. 6793                            38

 retarded] INTELLECTUALLY DISABLED, plus for any other month after Decem-
 ber, nineteen hundred eighty-nine an amount equal to $18.00 for individ-
 uals,  $27.00 for couples who are living alone or living with others and
 $36.00  for  couples  receiving family care, residential care or care in
 schools for the [mentally retarded] INTELLECTUALLY  DISABLED,  plus  for
 any  month  after  December,  nineteen hundred ninety an amount equal to
 $21.00 for individuals, $31.00 for  couples  who  are  living  alone  or
 living  with  others and $42.00 for couples receiving family care, resi-
 dential care or care in schools for the [mentally retarded]  INTELLECTU-
 ALLY DISABLED, plus for any month after December, nineteen hundred nine-
 ty-one an amount equal to $15.00 for individuals, $23.00 for couples who
 are  living alone or living with others and $30.00 for couples receiving
 family care, residential care or  care  in  schools  for  the  [mentally
 retarded]  INTELLECTUALLY  DISABLED,  plus for any month after December,
 nineteen hundred ninety-two, an amount equal to $12.00 for  individuals,
 $19.00 for couples who are living alone or living with others and $24.00
 for  couples  receiving family care, residential care or care in schools
 for the [mentally retarded] INTELLECTUALLY DISABLED plus for  any  month
 after  December, nineteen hundred ninety-three an amount equal to $12.00
 for individuals, $17.00 for couples who are living alone or living  with
 others and $24.00 for couples receiving family care, residential care or
 care in schools for the [mentally retarded] INTELLECTUALLY DISABLED plus
 for  any  month  after  December, nineteen hundred ninety-four an amount
 equal to $12.00 for individuals, $18.00 for couples who are living alone
 or living with others and $24.00  for  couples  receiving  family  care,
 residential  care  or care in schools for the [mentally retarded] INTEL-
 LECTUALLY DISABLED, plus for any month after December, nineteen  hundred
 ninety-five  an  amount  equal  to  $12.00  for  individuals, $18.00 for
 couples who are living alone  or  living  with  others  and  $24.00  for
 couples  receiving  family care, residential care or care in schools for
 the [mentally retarded] INTELLECTUALLY  DISABLED,  plus  for  any  month
 after  December,  nineteen hundred ninety-six, an amount equal to $14.00
 for individuals and $21.00 for couples plus for any month  after  Decem-
 ber,  nineteen  hundred ninety-seven an amount equal to $10.00 for indi-
 viduals and $15.00 for couples plus for any month after December,  nine-
 teen  hundred  ninety-eight an amount equal to $6.00 for individuals and
 $11.00 for couples plus for any month after December,  nineteen  hundred
 ninety-nine  an  amount  equal  to $13.00 for individuals and $18.00 for
 couples plus for any month after December, two thousand an amount  equal
 to  $18.00  for  individuals  and  $27.00 for couples plus for any month
 after December, two thousand one an amount equal to $15.00 for  individ-
 uals and $21.00 for couples plus for any month after December, two thou-
 sand two an amount equal to $7.00 for individuals and $12.00 for couples
 plus for any month after December, two thousand three an amount equal to
 $12.00  for  individuals and $17.00 for couples plus for any month after
 December, two thousand four an amount equal to  $15.00  for  individuals
 and  $23.00  for couples plus for any month after December, two thousand
 five an amount equal to $24.00 for individuals and  $35.00  for  couples
 plus  for  any month after December, two thousand six an amount equal to
 the amount of any increases  in  federal  supplemental  security  income
 benefits  for  individuals  or  couples  pursuant to section 1617 of the
 Social Security Act (42 USC § 1382f) which become effective on or  after
 January first, two thousand seven.
   §  65.  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:

 S. 6793                            39
 
   (k) "Special care". Care, services and supplies relating to the treat-
 ment  of  mental  illness, [mental retardation] INTELLECTUAL DISABILITY,
 developmental  disabilities,  alcoholism,  alcohol  abuse  or  substance
 abuse, or HIV infection/AIDS.
   §  66. Paragraph (c) of subdivision 2 and paragraph (a) of subdivision
 4 of section 365 of the social services law, paragraph (c)  of  subdivi-
 sion  2  as amended by chapter 516 of the laws of 1973 and paragraph (a)
 of subdivision 4 as amended by chapter 170 of  the  laws  of  1994,  are
 amended to read as follows:
   (c) who are patients in that part of a public institution operated for
 the  care  of  the  [mentally retarded] INTELLECTUALLY DISABLED that has
 been approved pursuant to law as a hospital or nursing home;
   (a) who are patients in that part of a public institution operated for
 the care of the [mentally retarded]  INTELLECTUALLY  DISABLED  that  has
 been  approved  pursuant  to law as an intermediate care facility or who
 are participating in a program operated  by  the  department  of  mental
 hygiene  or  by  a voluntary agency under an agreement with such depart-
 ment, in that part of such a facility that has been approved  as  a  day
 treatment  program  in  accordance  with  the  regulations  of the state
 commissioner of mental hygiene;
   § 67. 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] INTELLECTUAL DISABILITY and
 developmental disabilities services provided in clinics certified  under
 article  twenty-eight of the public health law, or article twenty-two or
 article thirty-one of the mental hygiene law.
   § 68. Subparagraph 2 of paragraph (e) of subdivision 1 of section  366
 of  the  social services law, as added by section 1 of part D of chapter
 56 of the laws of 2013, is amended to read as follows:
   (2) is a patient in a public institution operated  primarily  for  the
 treatment of tuberculosis or care of the [mentally] INTELLECTUALLY disa-
 bled,  with  the  exception  of: (i) a person sixty-five years of age or
 older and a patient in any such institution; (ii) a person  under  twen-
 ty-one  years  of age and receiving in-patient psychiatric services in a
 public institution operated primarily for the  care  of  the  [mentally]
 INTELLECTUALLY  disabled;  (iii) a patient in a public institution oper-
 ated primarily for the care of the  [mentally  retarded]  INTELLECTUALLY
 DISABLED who is receiving medical care or treatment in that part of such
 institution  that  has  been  approved  pursuant to law as a hospital or
 nursing home; (iv) a patient in an institution  operated  by  the  state
 department  of mental hygiene, while under care in a hospital on release
 from such institution for the purpose of receiving care in  such  hospi-
 tal;  or (v) is a person residing in a community residence or a residen-
 tial care center for adults.
   § 69.  Clauses (vii), (viii) and (ix) of subparagraph 1  of  paragraph
 (d) of subdivision 5 of section 366 of the social services law, as added
 by chapter 170 of the laws of 1994, are amended to read as follows:
   (vii)  "institutionalized  individual"  means any individual who is an
 in-patient in a nursing facility, including an intermediate care facili-
 ty for the [mentally retarded] INTELLECTUALLY DISABLED,  or  who  is  an
 in-patient  in  a  medical  facility  and  is  receiving a level of care
 provided in a nursing facility, or who is receiving  care,  services  or
 supplies  pursuant  to  a  waiver  granted pursuant to subsection (c) of
 section 1915 of the federal social security act.

 S. 6793                            40
 
   (viii) "intermediate care facility for the [mentally retarded"] INTEL-
 LECTUALLY DISABLED" means a facility certified under article sixteen  of
 the  mental hygiene law and which has a valid agreement with the depart-
 ment for providing intermediate care  facility  services  and  receiving
 payment therefor under title XIX of the federal social security act.
   (ix)  "nursing  facility"  means  a nursing home as defined by section
 twenty-eight hundred one of the public health law  and  an  intermediate
 care facility for the [mentally retarded] INTELLECTUALLY DISABLED.
   §  70.  Clauses  (vii), (viii) and (ix) of subparagraph 1 of paragraph
 (e) of subdivision 5 of section 366 of the social services  law,  clause
 (vii)  as  amended  by section 51 of part C of chapter 58 of the laws of
 2008 and clauses (viii) and (ix) as added by section 26-a of part  C  of
 chapter 109 of the laws of 2006, are amended to read as follows:
   (vii)  "institutionalized  individual"  means any individual who is an
 in-patient in a nursing facility, including an intermediate care facili-
 ty for the [mentally retarded] INTELLECTUALLY DISABLED,  or  who  is  an
 in-patient  in  a  medical  facility  and  is  receiving a level of care
 provided  in  a  nursing  facility,  or  who  is  described  in  section
 1902(a)(10)(A)(ii)(VI) of the federal social security act.
   (viii) "intermediate care facility for the [mentally retarded"] INTEL-
 LECTUALLY  DISABLED" means a facility certified under article sixteen of
 the mental hygiene law and which has a valid agreement with the  depart-
 ment  for  providing  intermediate  care facility services and receiving
 payment therefor under title XIX of the federal social security act.
   (ix) "nursing facility" means a nursing home  as  defined  by  section
 twenty-eight  hundred  one  of the public health law and an intermediate
 care facility for the [mentally retarded] INTELLECTUALLY DISABLED.
   § 71. 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] INTELLECTUAL DISABILITY and developmental
 disability services, alcohol and substance abuse services and  methadone
 maintenance services;
   §  72.  The opening paragraph of subparagraph (ii) of paragraph (a) of
 subdivision 2 of section 369 of the social services law, as  amended  by
 section  62  of  part C of chapter 60 of the laws of 2014, is amended to
 read as follows:
   with respect to the real property of an individual who is an inpatient
 in a nursing facility, intermediate  care  facility  for  the  [mentally
 retarded]  INTELLECTUALLY DISABLED, or other medical institution, who is
 not reasonably expected to be discharged from  the  medical  institution
 and  to  return  home,  and who is required, as a condition of receiving
 services in such institution under the state plan  for  medical  assist-
 ance, to spend for costs of medical care all but a minimal amount of his
 or  her  income required for personal needs; provided, however, any such
 lien will dissolve upon the  individual's  discharge  from  the  medical
 institution and return home; in addition, no such lien may be imposed on
 the individual's home if one of the following persons is lawfully resid-
 ing in the home:
   §  73.  Paragraph  (e) of subdivision 6 of section 384-b of the social
 services law, as amended by chapter 691 of the laws of 1991, is  amended
 to read as follows:
   (e)  In  every  proceeding upon a ground set forth in paragraph (c) of
 subdivision four the judge shall order the parent to be examined by, and
 shall take the testimony of, a qualified psychiatrist or a  psychologist

 S. 6793                            41
 
 licensed  pursuant  to  article one hundred fifty-three of the education
 law as defined in section 730.10 of the criminal procedure  law  in  the
 case of a parent alleged to be mentally ill or [retarded] INTELLECTUALLY
 DISABLED, such psychologist or psychiatrist to be appointed by the court
 pursuant to section thirty-five of the judiciary law. The parent and the
 authorized  agency  shall  have  the  right to submit other psychiatric,
 psychological or medical evidence. If the parent refuses  to  submit  to
 such  court-ordered  examination,  or  if  the  parent  renders  himself
 unavailable therefor  whether  before  or  after  the  initiation  of  a
 proceeding  under  this  section,  by  departing  from  the  state or by
 concealing himself therein, the appointed psychologist or  psychiatrist,
 upon the basis of other available information, including, but not limit-
 ed  to, agency, hospital or clinic records, may testify without an exam-
 ination of such parent, provided that such other information  affords  a
 reasonable basis for his opinion.
   §  74.  Paragraph  (f) of subdivision 2 of section 473-e of the social
 services law, as added by chapter 395 of the laws of 1995, is amended to
 read as follows:
   (f) a person named as  a  court-appointed  evaluator  or  guardian  in
 accordance  with  article  eighty-one  of  the  mental hygiene law, or a
 person named as a guardian for the  [mentally  retarded]  INTELLECTUALLY
 DISABLED in accordance with article seventeen-A of the surrogate's court
 procedure act; or
   §  75.  Subdivision  1  of  section 477 of the social services law, as
 amended by chapter 550 of the laws  of  1978,  is  amended  to  read  as
 follows:
   1.  All  mentally  ill,  [mentally  retarded] INTELLECTUALLY DISABLED,
 blind and deaf and mute persons, the expense of whose support and  main-
 tenance  now is, or, under the laws of the state of New York, may become
 a charge upon the city of  Poughkeepsie,  or  the  county  of  Dutchess,
 exclusive  of  said  city,  or both, and who are maintained, or shall be
 maintained, in any of the institutions of the state of New  York,  shall
 be supported by said county of Dutchess as one district.
   § 76. 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] INTELLECTUAL  DISABILITY
 facility,  or sewage treatment capital project is being carried out by a
 municipality with state aid, or for which state aid will be paid, pursu-
 ant to the provisions of title one of chapter seven hundred seventeen 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

 S. 6793                            42
 
 being  carried  out  on such date within such county, the application of
 such monies by the comptroller shall be  pro-rated  among  such  munici-
 palities  on  the basis of the respective amounts of state aid which are
 so obligated on such date; and
   §  77.  The opening 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] INTELLECTUALLY disabled must be accelerated if the  state  is
 to  meet  its  responsibilities in the face of an increasing state popu-
 lation, a growing awareness that mental disability can be treated effec-
 tively, and new research advances  in  treatment  methods.  An  expanded
 construction  program  is essential to relieve overcrowding in the state
 hospitals for the mentally ill, to provide treatment and  care  for  the
 increasing  population of [mentally retarded] INTELLECTUALLY DISABLED in
 state schools, and to permit  the  establishment  of  special  treatment
 programs for mentally ill and emotionally disturbed children and for the
 mentally  ill blind and the mentally ill deaf. Existing state facilities
 require substantial modernization and structural change  to  accommodate
 new concepts of treatment for the [mentally] INTELLECTUALLY disabled and
 special  units  for the treatment of alcoholism and narcotics addiction.
 Larger and better equipped research  facilities  must  be  installed  in
 order  to  insure  that  state  treatment  units are in the forefront of
 applying and developing advanced therapeutic methods. At the same  time,
 improved  training  facilities  and  quarters  are needed to attract and
 retain the best-qualified staff personnel.
   § 78. 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] INTELLECTUAL DISABIL-
 ITY  facilities  must  be accelerated, in order to provide comprehensive
 care and treatment of the mentally ill and [mentally retarded] INTELLEC-
 TUALLY DISABLED. Such community mental health and  [retardation]  INTEL-
 LECTUAL DISABILITY facilities should be located close to the people they
 serve,  in  order  to speed rehabilitation and restoration, by involving
 families and community resources to  the  extent  practicable.  Such  an
 accelerated  construction program will also help relieve overcrowding in
 state facilities for the mentally ill and [mentally retarded]  INTELLEC-
 TUALLY  DISABLED  and  will afford treatment and care for the increasing
 number of [mentally retarded] INTELLECTUALLY DISABLED.  Such  a  program
 will  increase  the  number of local facilities for out-patient care and
 short-term in-patient care, including after care, diagnostic and rehabi-
 litative services, training and research. While the  responsibility  for
 the professional care, maintenance and treatment of the mentally ill and
 [mentally retarded] INTELLECTUALLY DISABLED at all such community mental
 health  and  [retardation]  INTELLECTUAL  DISABILITY  facilities  should
 continue in the local governments, subject to the provisions of  article
 forty-one  of  the mental hygiene law and the regulations of the commis-
 sioners of the offices of the department  having  jurisdiction  thereof,
 the  legislature further finds and declares that the Facilities Develop-
 ment Corporation should be empowered to  aid  cities  and  counties,  at
 their  request,  to provide new and improved community mental health and

 S. 6793                            43
 
 [retardation] INTELLECTUAL DISABILITY  facilities  in  order  to  insure
 their  timely  construction, acquisition, reconstruction, rehabilitation
 and improvement in relation to current and  foreseeable  needs  and  the
 emergence  of new patterns of treatment and care and should be empowered
 to receive and administer monies for such purpose.
   § 79. 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] INTELLECTUAL  DISA-
 BILITY  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]  INTELLECTUAL  DISABILITY 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
 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] INTELLECTUAL DISABILITY services, or alcohol,  substance-a-
 buse,  or  chemical-dependency  residential or non-residential treatment

 S. 6793                            44

 services, or for any combination of the foregoing.  Notwithstanding  any
 other  provision  of  law  to  the contrary, voluntary agency shall also
 include any entity receiving financing, approvals or assistance  of  any
 form  from  the  state  housing  finance agency or the state division of
 housing and  community  renewal  for  one  or  more  integrated  housing
 projects  including  projects  serving persons with mental disabilities,
 which shall be approved by the appropriate  commissioner.  Such  commis-
 sioner  is  hereby  authorized to enter into any agreements necessary or
 useful for such projects, subject to the approval of the director of the
 budget.
   § 80. 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] INTELLECTUAL DISA-
 BILITY facilities in which case such purchase shall be in its own  name;
 provided,  however,  that  all  such purchases shall be made pursuant to
 legislation or appropriations in accordance with section  nine  of  this
 act.  Nothing  in  this section contained shall be construed to prohibit
 the acquisition of real property by purchase  or  appropriation  by  the
 appropriate  commissioner of the department pursuant to article seventy-
 one of the mental hygiene law for the purpose of making  mental  hygiene
 facilities  available  under license or permit from the corporation to a
 voluntary agency, subject to the terms  and  conditions  of  any  lease,
 sublease,  loan  or  other  financing  agreement  with the state housing
 finance agency or the state medical care facilities finance agency,  (i)
 for use in providing community mental health and [retardation] INTELLEC-
 TUAL  DISABILITY  services,  including  services  in  a residential care
 center for adults, or (ii) for the conduct of an alcoholism or substance
 abuse treatment program as defined in article  nineteen  of  the  mental
 hygiene law.
   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] INTELLECTUAL DISABILI-
 TY  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

 S. 6793                            45
 
 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.
   § 81. 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]  INTELLECTUAL  DISABILITY  facilities,  for the care,
 maintenance and treatment of the [mentally] INTELLECTUALLY 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 actu-
 al occupancy 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
 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] INTELLECTUALLY
 disabled.
   4. To provide community mental health and  [retardation]  INTELLECTUAL
 DISABILITY  facilities  for  the [mentally] INTELLECTUALLY disabled, for
 out-patient care and short-term in-patient care,  including  after  care
 and  diagnostic  and  rehabilitative services and training and research,
 for and at the request of cities and counties not wholly within a  city,
 authorized  to  provide  community  mental health services in accordance
 with the provisions of article forty-one of the mental hygiene  law,  to
 reduce  the  time  between determination of the need for such facilities
 and actual occupancy thereof, to expedite the construction, acquisition,
 reconstruction, rehabilitation or improvement  of  such  facilities,  to
 assure  that  the same are completed and ready for the purposes intended
 in the light of current and foreseeable needs, all as  approved  by  the
 appropriate commissioner of the department.
   5.  To  provide  mental  hygiene facilities to be made available under
 license or permit from the corporation  to  voluntary  agencies  at  the
 request  of the appropriate commissioner of the department in accordance
 with the provisions of this act for use in  providing  community  mental
 health  and  [retardation] INTELLECTUAL DISABILITY services and services
 in a residential care center for adults.

 S. 6793                            46
 
   § 82. 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]  INTELLECTUAL  DISABILITY  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] INTELLECTUAL DISABILITY facilities, may cause the building  plans,
 drawings,  models and detailed plans and specifications for such work to
 be prepared under the direction of the commissioner of general  services
 in  accordance  with the terms of any agreement entered into between the
 corporation and such commissioner pursuant to subdivision  two  of  this
 section. In the case of community mental health and [retardation] INTEL-
 LECTUAL  DISABILITY  facilities,  the  directors  of the corporation may
 cause such building plans, drawings, models and detailed plans and spec-
 ifications for such work to be prepared by its own employees,  or  on  a
 contract  basis, or by agreement with a city or county or with any state
 department or agency authorized to perform such work.
   The detailed  plans  and  specifications  for  any  such  work  to  be
 performed  pursuant  to  a  contract  shall comply with the construction
 standards in effect at the time the contract is executed.
   Subject to the terms of any agreement entered into between the  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]
 INTELLECTUAL  DISABILITY  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 contingen-
 cies is appropriated or advanced to the corporation  to  pay  the  added
 costs  during  the  then  current state fiscal year of all modifications
 made in the course of construction, reconstruction,  rehabilitation  and
 improvement of mental hygiene facilities, no such modifications shall be
 made  or  authorized  in  such  fiscal  year without the approval of the
 director of the budget unless the cost thereof shall be less  than  five

 S. 6793                            47
 
 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]
 INTELLECTUAL  DISABILITY  services, the corporation shall be governed by
 the provisions of this act relating to the design  and  construction  of
 mental  hygiene  facilities provided, however, that the program for each
 such facility shall have been prepared  under  the  supervision  of  the
 appropriate  commissioner  of  the  department  pursuant  to  the mental
 hygiene law at the  request  of  such  voluntary  agency  and  with  the
 approval  of  the  community mental health board established pursuant to
 article forty-one of the mental hygiene law.
   § 83. 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] INTELLECTUAL DISABILITY facility, whether as principal
 or as agent for the state housing finance agency  or  the  medical  care
 facilities  finance  agency,  only by agreement with the commissioner of
 general services, except that in the  case  a  mental  hygiene  facility
 owned  or  leased  by  a  voluntary  agency  that  is  to  be  designed,
 constructed, reconstructed, rehabilitated and improved under any  lease,
 sublease,  loan  or  other  financing  agreement  entered into with such
 voluntary agency, or jointly with such voluntary agency and one or  more
 voluntary  agencies that operate such facility the same may be designed,
 constructed, reconstructed, rehabilitated and improved by such voluntary
 agencies, and except that:
   (ii) The corporation, with the approval of the director of the budget,
 may construct, reconstruct, rehabilitate and improve a community  mental
 health  and  [retardation]  INTELLECTUAL  DISABILITY 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.
   § 84. 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:

 S. 6793                            48
 
   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]  INTELLECTUAL  DISABILITY  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] INTELLECTUAL DISABILITY services, or an office  of  [alco-
 holism  and  substance  abuse]  ADDICTION services AND SUPPORTS facility
 made available under license or permit from the corporation to a  volun-
 tary  agency  for use in the conduct of an alcoholism or substance abuse
 treatment program, (ii) all payments made to the corporation by a lessee
 or permittee as rentals, permit  fees  or  otherwise  under  any  lease,
 sublease,  permit  or  agreement  undertaken with respect to a community
 mental health and  [retardation]  INTELLECTUAL  DISABILITY  facility  or
 current  or  former  mental  hygiene facility or from a voluntary agency
 with respect to a mental hygiene facility made  available  under  lease,
 license  or permit from the corporation to a voluntary agency, and (iii)
 all payments made to the corporation for the purchase of  real  property
 held  by  the  corporation  for  the  use  of the department, other than
 payments derived from New York state  medical  care  facilities  finance
 agency  financing  or  refinancing of the design, construction, acquisi-
 tion, 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, appropri-
 ations or advances from the capital projects fund and the state purposes
 account of the general fund of the state, and other revenues and  monies
 made  available  or  to be made available to the corporation from any or
 all sources, including gifts, grants, loans and payments from the feder-
 al government, any state agency, any county, city, town or village,  any
 private foundation, organization or individual, or any other source, for
 the   construction,   acquisition,  reconstruction,  rehabilitation  and
 improvement of mental hygiene facilities, and for  the  maintenance  and
 repair of such facilities.
   b.  All  monies  of  the  corporation received or accepted pursuant to
 paragraph a of this subdivision, other than appropriations and  advances
 from  the  state  and except as otherwise authorized or provided in this
 section, shall be paid to the commissioner of taxation  and  finance  as
 agent  of  the corporation, who shall not commingle such monies with any
 other monies. Such monies shall be deposited in  two  or  more  separate
 bank  accounts. One of such accounts, to which shall be credited (i) all
 payments made on or after January 1, 1964, for the care, maintenance and
 treatment of patients in every mental hygiene  facility,  other  than  a
 community mental health and [retardation] INTELLECTUAL DISABILITY facil-
 ity,  (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] INTELLECTUAL DISABILITY 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

 S. 6793                            49
 
 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 of the state  finance  law;  and
 (iii)  article  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.
   §  85.  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:
   The provisions of this subdivision shall not apply to community mental
 health and [retardation] INTELLECTUAL DISABILITY facilities.
   §  86.  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
 the mental hygiene law (except that with respect to the city of New York
 such  term  shall  mean the board of estimate), of a city or county may,
 upon such terms and conditions as shall be approved  by  such  governing
 body  and  for  such consideration, if any, as may be determined by such
 governing body, but not to exceed the cost of  acquisition  thereof  and
 the  cost  of improvements thereon, exclusive of any costs reimbursed or
 to be reimbursed in accordance with the provisions of article  forty-one
 of  the  mental hygiene law otherwise, execute and deliver to the corpo-
 ration 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] INTELLECTUAL  DISABILITY  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

 S. 6793                            50
 
 provisions  of  article  forty-one  or article twenty-five of the mental
 hygiene law or (ii) conveying to the corporation real  property  of  the
 city  or county or an interest therein, for the purpose of causing to be
 constructed,  reconstructed,  rehabilitated  or  improved thereon one or
 more community mental health and [retardation]  INTELLECTUAL  DISABILITY
 facilities  pursuant  to  this  act,  such  community  mental health and
 [retardation] INTELLECTUAL DISABILITY 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,  includ-
 ing  terms  and  conditions relating to length of terms, maintenance and
 repair of community mental health and [retardation]  INTELLECTUAL  DISA-
 BILITY  facilities  during  such  term and the annual rentals to be paid
 therefor for the use thereof. The corporation is  hereby  authorized  to
 accept  any  such  lease  or  conveyance, to hold such real property, to
 enter into a lease, sublease or other agreement with such city or county
 for the purpose of making such community mental health and [retardation]
 INTELLECTUAL DISABILITY facility  so  acquired  or  to  be  constructed,
 reconstructed,  rehabilitated  or improved thereon available for use and
 occupancy by such city or county, and to lease or convey  real  property
 so  acquired to the New York state housing finance agency or the medical
 care facilities finance agency, provided, however, that any such further
 lease or conveyance shall be solely for the purpose of causing community
 mental health and [retardation] INTELLECTUAL DISABILITY facilities to be
 acquired, constructed, reconstructed, rehabilitated or improved thereon,
 such community mental health and [retardation]  INTELLECTUAL  DISABILITY
 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 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 improve-
 ment of community mental health and [retardation] INTELLECTUAL DISABILI-
 TY 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]
 INTELLECTUAL DISABILITY 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

 S. 6793                            51

 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]
 INTELLECTUAL  DISABILITY facilities undertaken by the corporation pursu-
 ant 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-
 tion] INTELLECTUAL DISABILITY facility by the issuance of bonds or capi-
 tal notes of such city or county pursuant to the local finance law.
   §  87.  The  fifth undesignated paragraph of section 2 of section 1 of
 chapter 392 of the laws of 1973, constituting the New York state medical
 care facilities 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]  INTELLECTUALLY  DISABLED  and  developmentally
 disabled  persons is also needed in the state. In order to encourage the
 investment of private capital  in  such  hospitals,  schools  and  other
 mental   health   services   facilities   and  to  assure  their  timely
 construction, acquisition, reconstruction, rehabilitation  and  improve-
 ment, or the refinancing thereof, the New York state medical care facil-
 ities  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.
   § 88. Subdivisions 4 and 6 of section 5-a of section 1 of chapter  392
 of the laws of 1973, constituting the New York state medical care facil-
 ities 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:

 S. 6793                            52
 
   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] INTELLECTUALLY DISABLED
 and developmentally disabled [or the mentally disabled] or for the care,
 treatment, training and education of the [mentally retarded] INTELLECTU-
 ALLY DISABLED and developmentally disabled [or the mentally disabled] or
 comprehensive health services facilities and such related incidental and
 appurtenant facilities as the agency may  approve.  The  term  "project"
 shall  also mean a separate work or improvement, including lands, build-
 ings, fixtures and personal property related thereto, managed, owned  or
 operated by a non-profit corporation pursuant to this section to provide
 such  services, functions, capabilities and facilities as may be conven-
 ient 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]
 INTELLECTUALLY DISABLED and developmentally disabled  [or  the  mentally
 disabled]  or  for  the  care,  treatment, training and education of the
 [mentally retarded] INTELLECTUALLY DISABLED and developmentally disabled
 [or the mentally disabled] the term "commissioner" shall also  mean  the
 commissioner  of  mental  health  or  the commissioner of the office for
 people with developmental disabilities.
   § 89. Paragraph a of subdivision 1 of section  9-a  of  section  1  of
 chapter 392 of the laws of 1973, constituting the New York state medical
 care  facilities  finance  agency  act, as amended by chapter 166 of the
 laws of 1991, is amended to read as follows:
   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]  INTELLECTUAL  DISABILITY  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]  INTELLECTUAL  DISABILITY  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-

 S. 6793                            53
 
 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] INTELLECTUAL DISABILITY 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  facili-
 ties development corporation act.
   §  90. Paragraphs a and b of subdivision 7 of section 9-a of section 1
 of chapter 392 of the laws of 1973,  constituting  the  New  York  state
 medical  care  facilities  finance  agency  act, paragraph a as added by
 chapter 58 of the laws of 1987 and paragraph b as amended by chapter 506
 of the laws of 1997, are amended to read as follows:
   a. The agency shall have the power to acquire by lease  or  deed  from
 the facilities development corporation any real property acquired by the
 corporation  pursuant  to  the  provisions of subdivision six of section
 nine of the facilities development corporation act (i) for  the  purpose
 of constructing, reconstructing, rehabilitating or improving thereon one
 or more community mental health and [retardation] INTELLECTUAL DISABILI-
 TY  facilities  or  (ii) for the purpose of financing or refinancing the
 acquisition, construction, reconstruction, rehabilitation or improvement
 thereon of one or more community mental health and [retardation]  INTEL-
 LECTUAL  DISABILITY  facilities,  pursuant to the provisions of this act
 and the facilities development corporation act.   The agency  is  hereby
 authorized to lease or sublease such real property and facilities there-
 on  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 property
 from such city or county to the corporation, to construct,  reconstruct,
 rehabilitate  or  improve  the community mental health and [retardation]
 INTELLECTUAL DISABILITY facility or  facility  thereon  for  which  such
 lease  or  conveyance  was made, as provided for in a lease, sublease or
 other financing agreement entered into by such city or  county  and  the
 corporation,  then, subject to the terms of any lease, sublease or other
 financing agreement undertaken by the agency, such real property and any
 facilities thereon shall revert to the corporation with right of  re-en-
 try  thereupon,  and  such  lease  or deed shall be made subject to such
 condition of reverter and re-entry. Provided, however, that as a  condi-
 tion precedent to the exercise 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] INTELLECTUAL DISABILITY facility or  facilities
 constructed,  reconstructed,  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]
 intellectual  disability  facility or facilities, all as provided in the
 aforesaid lease, sublease or other financing agreement entered into with
 the corporation. It is further provided that for the Corona unit of  the
 Bernard  M.  Fineson  developmental  disabilities  services  office, the
 corporation may but is not required to pay to the agency an amount  less
 than  or  equal to the purchase price of the real property, the depreci-

 S. 6793                            54
 
 ated cost of sum of the community mental health and [retardation] INTEL-
 LECTUAL DISABILITY facility constructed,  reconstructed,  rehabilitated,
 demolished  or  improved thereon and all other costs of the agency inci-
 dent to the acquisition of such lands and the financing of construction,
 reconstruction,  rehabilitation,  demolition  or improvement relating to
 such community mental health and [retardation]  INTELLECTUAL  DISABILITY
 facility,  all  as  provided  in  the aforesaid lease, sublease or other
 financing agreement entered into with the corporation.
   § 91. The opening paragraph of subdivision m of section 17-306 of  the
 administrative  code  of  the  city  of  New York, as added by local law
 number 34 of the city of New York for the year 1993, is amended to  read
 as follows:
   "Disabled  person".  Any  person  who  has or had a physical or mental
 impairment that substantially limits one or more major  life  activities
 and  has a record of such an impairment. For the purposes of this subdi-
 vision, "physical impairment" means a physiological disorder  or  condi-
 tion,  or  anatomical  loss  affecting one or more of the following body
 systems: neurological; musculoskeletal; special  sense  organs;  respir-
 atory, including speech organs; cardiovascular; genitourinary; hemic and
 lymphatic;  or  skin  and endocrine. It includes, but is not limited to,
 such diseases and conditions as orthopedic, visual, speech  and  hearing
 impairments, cerebral palsy, muscular dystrophy, and multiple sclerosis.
 For  the  purposes  of  this  subdivision, "mental impairment" means any
 mental or psychological disorder such as [mental retardation]  INTELLEC-
 TUAL  DISABILITIES, organic brain syndrome, emotional or mental illness,
 and specific learning disabilities. For the purposes  of  this  subdivi-
 sion,  "major  life activities" means functions such as walking, seeing,
 hearing and speaking. For the purposes of this subdivision, a record  of
 such an impairment shall be established by submission to the commission-
 er of either:
   §  92.  Subdivision  d  of section 15 of the New York city charter, as
 added by section 1 of proposition 5 of section 1 of the general election
 of the city of New York held in the year 2001 and paragraph 2 as amended
 by local law number 22 of the city of New York for  the  year  2002,  is
 amended to read as follows:
   d. 1. The city of New York recognizes that services for people suffer-
 ing  from  [mental  retardation]  INTELLECTUAL DISABILITIES and develop-
 mental disabilities are  provided  by  programs  administered  within  a
 number  of different city agencies, as well as by non-governmental enti-
 ties. The city of New York further recognizes the need for  coordination
 and  cooperation  among city agencies and between city agencies and non-
 governmental entities that provide such services.
   2. There shall be [mental  retardation]  INTELLECTUAL  DISABILITY  and
 developmental  disability  coordination within the office of operations.
 In performing functions relating to such  coordination,  the  office  of
 operations  shall  be authorized to: develop methods to: (i) improve the
 coordination within and among city agencies  that  provide  services  to
 people  with  [mental retardation] INTELLECTUAL DISABILITIES or develop-
 mental disabilities, including but not  limited  to  the  department  of
 health  and  mental hygiene, the administration for children's services,
 the human resources administration, department of  youth  and  community
 development,  the  department of juvenile justice, and the department of
 employment, or the successors to  such  agencies,  and  the  health  and
 hospitals  corporation  and  the board of education; and (ii) facilitate
 coordination between such agencies and non-governmental entities provid-
 ing services to people with [mental retardation] INTELLECTUAL  DISABILI-

 S. 6793                            55
 
 TIES  or  developmental  disabilities; review state and federal programs
 and legislative proposals that may affect people with  [mental  retarda-
 tion]   INTELLECTUAL  DISABILITIES  or  developmental  disabilities  and
 provide information and advice to the mayor regarding the impact of such
 programs or legislation; recommend legislative proposals or other initi-
 atives  that  will benefit people with [mental retardation] INTELLECTUAL
 DISABILITIES or  developmental  disabilities;  and  perform  such  other
 duties  and  functions  as  the  mayor may request to assist people with
 [mental retardation] INTELLECTUAL DISABILITIES or developmental disabil-
 ities and their family members.
   § 93. Section 550 of the New York city charter, as added by section  4
 of proposition 5 of the general election of the city of New York held in
 the year 2001, is amended to read as follows:
   §  550.  Definitions.  When  used  in this chapter: the term "mentally
 disabled" shall mean those with  mental  illness,  [mental  retardation]
 INTELLECTUAL  DISABILITY,  alcoholism,  substance dependence or chemical
 dependence as these terms are defined in  section  1.03  of  the  mental
 hygiene  law;  or  any  other  mental illness or mental condition placed
 under the jurisdiction of the department by the mayor; the term "provid-
 er of services" shall mean an individual,  association,  corporation  or
 public or private agency which provides for the [mentally] INTELLECTUAL-
 LY  disabled;  and  the term "services for the [mentally] INTELLECTUALLY
 disabled" shall mean examination, diagnosis, care, treatment,  rehabili-
 tation,  training,  education,  research, preventive services, referral,
 residential services or domiciliary care of or for the [mentally] INTEL-
 LECTUALLY disabled, not specifically limited by any other law.  Notwith-
 standing the foregoing, planning and programs for persons with substance
 dependence or chemical dependence shall be conducted by the  department,
 and  the  department  may  act  as a "local agency" to conduct substance
 abuse programs and seek reimbursement therefore pursuant  to  provisions
 of  the  mental  hygiene  law  relating  to  funding for substance abuse
 services, as deemed appropriate by the commissioner  in  recognition  of
 the  programs  currently  administered  by  the New York state office of
 [alcoholism and substance abuse]  ADDICTION services AND SUPPORTS or its
 successor agency under article nineteen of the mental hygiene law.
   § 94. Subdivision a of section 551 of the New York  city  charter,  as
 amended  by  local  law  number  22 of the city of New York for the year
 2002, is amended to read as follows:
   a. There shall be a department of health and mental hygiene, the  head
 of  which  shall  be  the  commissioner of health and mental hygiene who
 shall be appointed by the mayor. The department shall have and  exercise
 all  powers of a local health department set forth in law. Notwithstand-
 ing any other provision of this charter to the contrary, the  department
 shall  be  a social services district for purposes of the administration
 of health-related public assistance programs to the extent  agreed  upon
 by  the department, the department of social services and the department
 of homeless  services.  Appropriations  to  the  department  for  mental
 health,  [mental  retardation]  INTELLECTUAL  DISABILITY  and alcoholism
 services shall be set forth  in  the  expense  budget  in  separate  and
 distinct  units  of  appropriation.  In determining the annual amount of
 city funds to be appropriated by the city  for  mental  health,  [mental
 retardation]   INTELLECTUAL  DISABILITY  and  alcoholism  services,  the
 following provision shall apply: in the event that the executive  budget
 proposes  a  decrease  in city funds measured against the budget for the
 current fiscal year, as modified in accordance with section one  hundred
 seven,  for the units of appropriation for mental health, [mental retar-

 S. 6793                            56

 dation] INTELLECTUAL DISABILITY and alcoholism services,  the  executive
 budget  shall  not  propose  a greater percentage decrease in city funds
 measured against the budget for the current fiscal year, as modified  in
 accordance  with  section  one hundred seven, for the units of appropri-
 ation for mental health, [mental  retardation]  INTELLECTUAL  DISABILITY
 and  alcoholism  services than has been proposed for the units of appro-
 priation for  public  health  services.  If,  however,  in  his  or  her
 discretion,  the mayor determines that it is in the city's best interest
 to submit an executive budget at variance with the requirements of  this
 provision,  the mayor shall include an explanation of the basis for this
 variation as part of the budget message.
   § 95. Section 552 of the New York city charter, as amended by  section
 6  of proposition 5 of the general election of the city of New York held
 in the year 2001, is amended to read as follows:
   § 552. Deputy  commissioners.  The  commissioner  may  appoint  deputy
 commissioners,  one  of  whom  shall have the same qualifications as the
 commissioner. There shall be at least two executive  deputy  commission-
 ers,  one  of whom shall have the qualifications established pursuant to
 the mental hygiene law for a director of community services of  a  local
 governmental  unit,  and  shall be the director within the department of
 the division of mental hygiene services.  Such  division  shall  be  and
 shall  exercise  the powers of a local governmental unit for purposes of
 the mental hygiene law, and the executive  deputy  commissioner  heading
 such  division shall have the powers of a director of community services
 of a local governmental unit as set forth in or pursuant  to  such  law,
 and  shall  report directly to the commissioner. In the exercise of such
 powers, such executive deputy commissioner shall coordinate  the  fiscal
 and  programmatic  administration of contracts awarded by the department
 for mental health, [mental  retardation]  INTELLECTUAL  DISABILITY,  and
 alcoholism services.
   § 96. Paragraph 2 of subdivision a of section 555 of the New York city
 charter,  as added by section 9 of proposition 5 of the general election
 of the city of New York held in the year 2001, is  amended  to  read  as
 follows:
   (2)  At  the conclusion of the second year following the establishment
 of the department pursuant to this section, and again at the  conclusion
 of  the  fourth year following such establishment, the mayor's office of
 operations shall conduct a review and  submit  a  report  to  the  mayor
 comparing such periods with the period preceding such establishment with
 regard  to  the department's delivery of mental health, [mental retarda-
 tion]  INTELLECTUAL  DISABILITY  and  alcoholism  and  substance   abuse
 services,  the  access of consumers and their families to such services,
 and the administration and oversight of contracts for  the  delivery  of
 such services.
   § 97. The opening paragraph of subdivision b of section 556 of the New
 York city charter, as added by section 11 of proposition 5 of the gener-
 al election of the city of New York held in the year 2001, is amended to
 read as follows:
   Except  as otherwise provided by law, the department shall have juris-
 diction to regulate all matters affecting health in the city of New York
 and to perform all those functions and operations performed by the  city
 that  relate  to the health of the people of the city, including but not
 limited to the mental health, [mental retardation] INTELLECTUAL DISABIL-
 ITY, alcoholism and substance abuse-related needs of the people  of  the
 city. The jurisdiction of the department shall include but not be limit-
 ed to the following:

 S. 6793                            57
 
   §  98.  Paragraphs  3 and 6 of subdivision b of section 556 of the New
 York city charter, as added by section 11 of proposition 5 of the gener-
 al election of the city of New York held in the year 2001,  are  amended
 to read as follows:
   (3)  engage  in  short-range, intermediate-range and long-range mental
 hygiene planning that reflects the entire array of  city  needs  in  the
 areas of mental health, [mental retardation] INTELLECTUAL DISABILITY and
 developmental  disabilities  and alcoholism and substance abuse services
 within the department's jurisdiction;
   (6) receive and expend  funds  made  available  for  the  purposes  of
 providing  mental  health,  [mental retardation] INTELLECTUAL DISABILITY
 and developmental disability and alcoholism and substance abuse  related
 services;
   § 99. Paragraph 1 of subdivision a of section 568 of the New York city
 charter, as added by section 16 of proposition 5 of the general election
 of  the  city  of  New York held in the year 2001, is amended to read as
 follows:
   (1) There shall be a mental hygiene  advisory  board  which  shall  be
 advisory  to  the  commissioner  and  the deputy commissioner for mental
 hygiene services in the development of community mental health,  [mental
 retardation]  INTELLECTUAL  DISABILITY,  alcoholism  and substance abuse
 facilities and services and programs related thereto.  The  board  shall
 have  separate subcommittees for mental health, for [mental retardation]
 INTELLECTUAL DISABILITIES and developmental disabilities, and for  alco-
 holism  and  substance  abuse.  The board and its subcommittees shall be
 constituted and their appointive members appointed and  removed  in  the
 manner  prescribed  for  a community services board by the provisions of
 the mental hygiene law. Pursuant to the provisions  of  such  law,  such
 members  may  be reappointed without limitation on the number of consec-
 utive terms which they may serve.
   § 100. This act shall  take  effect  immediately;  provided,  however,
 that:
   (a)  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 nineteen of this act shall be subject to the expiration
 and reversion of such clause pursuant to chapter  378  of  the  laws  of
 2007, as amended when upon such date the provisions of section twenty of
 this act shall take effect;
   (b)  the amendments to section 41.40 of the mental hygiene law made by
 section forty of this act  shall  not  affect  the  expiration  of  such
 section and shall be deemed to expire therewith; and
   (c) the amendments to section 364-j of the social services law made by
 section  sixty-five  of  this  act  shall  not affect the repeal of such
 section and shall be deemed repealed therewith.