Assembly Bill A11224

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11224
 
                           I N  A S S E M B L Y
 
                                May 1, 2026
                                ___________
 
 Introduced  by M. of A. MAHER -- read once and referred to the Committee
   on Local Governments
 
 AN ACT to amend the facilities development corporation act, in  relation
   to  the  transfer  and  conveyance  of certain property to the town of
   Goshen
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Paragraph (a) of subdivision 13 of section 5 of section 1
 of chapter 359 of the laws of 1968, constituting the facilities develop-
 ment corporation act, as separately amended by chapters 479 and  551  of
 the laws of 2022, is amended and a new paragraph (c) is added to read as
 follows:
   (a)  Subject  to the terms and conditions of any lease, sublease, loan
 or other financing agreement with the state housing  finance  agency  or
 the  state  medical  care facilities finance agency, and to the determi-
 nation of the appropriate commissioner of the  department,  and  in  the
 case  of  community mental health and developmental disabilities facili-
 ties, of the city or county,  that  such  real  property  held  for  the
 purposes  of a mental hygiene facilities improvement program is unneces-
 sary 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,  except as otherwise provided in [paragraph] PARAGRAPHS (b)
 AND (C) of this subdivision, any right, title or interest of the  people
 of the state of New York in and to such real property to any appropriate
 state agency, or public corporation, city or county for other public use
 or  for  sale,  lease  or other disposition in accordance with law, real
 property held by the corporation, provided,  however,  nothing  in  this
 subdivision shall be deemed to supersede the provisions of section 41.34
 of  the mental hygiene law and provided further that any such conveyance
 shall be subject to, and consistent with the terms  and  objectives  of,
 any  plan  developed  by the state interagency council on mental hygiene
 property utilization. The corporation shall provide  written  notice  at
 least  thirty days in advance of the effective date of any conveyance to
 the governor, the majority leader of the senate and the speaker  of  the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15631-01-6
 A. 11224                            2
 
 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.
   (C)  NOTWITHSTANDING  ANY  PROVISION  OF  LAW TO THE CONTRARY, FOR THE
 PURPOSES OF TRANSFERRING AND CONVEYING CERTAIN PROPERTY TO THE  TOWN  OF
 GOSHEN  THAT  IS  LOCATED  ON  THE  OFFICE OF MENTAL HEALTH'S MID-HUDSON
 FORENSIC PSYCHIATRIC CENTER CAMPUS, CONSTITUTING THE EXISTING WASTEWATER
 TREATMENT PLANT, INCLUDING BUT NOT LIMITED TO, ALL STRUCTURES AND EQUIP-
 MENT, BURIED INFRASTRUCTURE, AS  WELL  AS  SPARE  PARTS  AND  CONSUMABLE
 SUPPLIES  UTILIZED  IN  THE  SEWER  TREATMENT PROCESS AND LOCATED AT THE
 PLANT, TOGETHER WITH THE NINETEEN (19) ACRES OF LAND ON WHICH THE WASTE-
 WATER TREATMENT PLANT IS SITUATED, A SUBDIVIDED PORTION  OF  2834  STATE
 ROUTE  17M IN THE TOWN OF GOSHEN, ORANGE COUNTY, NEW YORK AND IDENTIFIED
 WITH A TAX PARCEL NO. TO BE ASSIGNED, FOR THE PURPOSES DESCRIBED HEREIN,
 THE TERM "FAIR VALUE" SHALL BE DEEMED TO BE A NOMINAL AMOUNT  AS  DETER-
 MINED  BY  THE  COMMISSIONER OF THE OFFICE OF MENTAL HEALTH TO BE IN THE
 PUBLIC INTEREST, IN ORDER TO FACILITATE  THE  ABOVE-REFERENCED  TRANSFER
 FOR PUBLIC BENEFIT AND THE CONTINUATION OF WASTEWATER TREATMENT SERVICES
 TO THE OFFICE OF MENTAL HEALTH'S MID-HUDSON FORENSIC PSYCHIATRIC CENTER.
 ANY  CONVEYANCE  PURSUANT TO THIS PARAGRAPH SHALL BE CONSISTENT WITH AND
 CONTINGENT UPON ANY SUCH TERMS AND CONDITIONS IMPOSED BY THE COMMISSION-
 ER OF THE OFFICE OF MENTAL HEALTH INCLUDING, BUT NOT LIMITED  TO,  THOSE
 TERMS  AND  CONDITIONS  SUCH  COMMISSIONER  DEEMS  PROPER  TO ENSURE THE
 CONTINUAL OPERATION AND MAINTENANCE OF THE  WASTEWATER  TREATMENT  PLANT
 AND PROVISION OF SERVICES TO THE OFFICE OF MENTAL HEALTH AT A REASONABLE
 COST,  AS  MEMORIALIZED IN A SEPARATE WRITTEN AGREEMENT. THE DESCRIPTION
 OF THE LANDS TO BE TRANSFERRED AND CONVEYED AS SET FORTH HEREIN  IS  NOT
 INTENDED TO BE A LEGAL DESCRIPTION BUT INTENDED TO IDENTIFY THE PROPERTY
 SUBJECT TO THIS PARAGRAPH.
   § 2. This act shall take effect immediately.