§ 9-a. Special provisions relating to mental health services
facilities improvement bonds and notes. 1. Definitions. For the purposes
of this act:

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 developmental disabilities facility", and a state or voluntary
operated 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 developmental disabilities facility or alcoholism or substance abuse
facility is expressly excepted or the context clearly requires
otherwise. The definition contained in this subdivision shall not be
construed to exclude therefrom a facility, whether or not owned or
leased by a voluntary agency, to be made available under lease, or
sublease, from the facilities development corporation 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 developmental disabilities services,
or for use in the conduct of an alcoholism or substance abuse treatment
program. For purposes of this section mental health services facility
shall also mean mental hygiene facility as defined in subdivision ten of
section three of the facilities development corporation act.

b. "Mental health services facilities improvement bonds" and "mental
health services facilities improvement notes" shall mean bonds and
notes, respectively, issued by the agency pursuant to subdivision two of
this section.

c. "Mental health services facilities improvement program" shall mean
a program undertaken by the agency and the facilities development
corporation for the purpose of financing, refinancing, designing,
constructing, acquiring, reconstructing, rehabilitating or improving
mental hygiene facilities and mental health services facilities or
causing such facilities to be financed, refinanced, designed,
constructed, acquired, reconstructed, rehabilitated or improved.

2. Additional powers of the agency. a. The agency shall have power to
enter into one or more lease, sublease, loan or other financing
agreements with the directors of the facilities development corporation,
or any successor agency, for the purpose of providing the financing or
refinancing for or for designing, constructing, acquiring,
reconstructing, rehabilitating and improving mental health services
facilities at new or existing mental health services facilities, or on
any real property or interest in real property owned by or conveyed from
said corporation, or any successor agency, or any voluntary agency, or
for the refinancing of any such facilities for which bonds have
previously been issued by the agency or by the state housing finance
agency and are outstanding and to cause by the providing of such
financing such facilities to be designed, constructed, acquired,
reconstructed, rehabilitated or improved or financed or refinanced by
the directors of the said corporation, or any successor agency, all in
accordance with one or more lease, sublease, loan or other financing
agreements entered into between the agency and the directors of the said
corporation pursuant to subdivision 4 of section 9 of the facilities
development corporation act.

b. The agency shall have power and is hereby authorized from time to
time to issue negotiable bonds and notes in conformity with applicable
provisions of the uniform commercial code in such principal amount as,
in the opinion of the agency, shall be necessary, after taking into
account other moneys which may be available for the purpose, to provide
sufficient funds to the facilities development corporation, or any
successor agency, for the financing or refinancing of or for the design,
construction, acquisition, reconstruction, rehabilitation or improvement
of mental health services facilities pursuant to paragraph a of this
subdivision, the payment of interest on mental health services
improvement bonds and mental health services improvement notes issued
for such purposes, the establishment of reserves to secure such bonds
and notes, the cost or premium of bond insurance or the costs of any
financial mechanisms which may be used to reduce the debt service that
would be payable by the agency on its mental health services facilities
improvement bonds and notes and all other expenditures of the agency
incident to and necessary or convenient to providing the facilities
development corporation, or any successor agency, with funds for the
financing or refinancing of or for any such design, construction,
acquisition, reconstruction, rehabilitation or improvement and for the
refunding of mental hygiene improvement bonds issued pursuant to section
47-b of the private housing finance law; provided, however, that the
agency shall not issue mental health services facilities improvement
bonds and mental health services facilities improvement notes in an
aggregate principal amount exceeding twelve billion four hundred
eighteen million three hundred thirty-seven thousand dollars
$12,418,337,000, excluding mental health services facilities improvement
bonds and mental health services facilities improvement notes issued to
refund outstanding mental health services facilities improvement bonds
and mental health services facilities improvement notes; provided,
however, that upon any such refunding or repayment of mental health
services facilities improvement bonds and/or mental health services
facilities improvement notes the total aggregate principal amount of
outstanding mental health services facilities improvement bonds and
mental health facilities improvement notes may be greater than twelve
billion four hundred eighteen million three hundred thirty-seven
thousand dollars $12,418,337,000, only if, except as hereinafter
provided with respect to mental health services facilities bonds and
mental health services facilities notes issued to refund mental hygiene
improvement bonds authorized to be issued pursuant to the provisions of
section 47-b of the private housing finance law, the present value of
the aggregate debt service of the refunding or repayment bonds to be
issued shall not exceed the present value of the aggregate debt service
of the bonds to be refunded or repaid. For purposes hereof, the present
values of the aggregate debt service of the refunding or repayment
bonds, notes or other obligations and of the aggregate debt service of
the bonds, notes or other obligations so refunded or repaid, shall be
calculated by utilizing the effective interest rate of the refunding or
repayment bonds, notes or other obligations, which shall be that rate
arrived at by doubling the semi-annual interest rate (compounded
semi-annually) necessary to discount the debt service payments on the
refunding or repayment bonds, notes or other obligations from the
payment dates thereof to the date of issue of the refunding or repayment
bonds, notes or other obligations and to the price bid including
estimated accrued interest or proceeds received by the authority
including estimated accrued interest from the sale thereof. Such bonds,
other than bonds issued to refund outstanding bonds, shall be scheduled
to mature over a term not to exceed the average useful life, as
certified by the facilities development corporation, of the projects for
which the bonds are issued, and in any case shall not exceed thirty
years and the maximum maturity of notes or any renewals thereof shall
not exceed five years from the date of the original issue of such notes.
Notwithstanding the provisions of this section, the agency shall have
the power and is hereby authorized to issue mental health services
facilities improvement bonds and/or mental health services facilities
improvement notes to refund outstanding mental hygiene improvement bonds
authorized to be issued pursuant to the provisions of section 47-b of
the private housing finance law and the amount of bonds issued or
outstanding for such purposes shall not be included for purposes of
determining the amount of bonds issued pursuant to this section. The
director of the budget shall allocate the aggregate principal authorized
to be issued by the agency among the office of mental health, office for
people with developmental disabilities, and the office of addiction
services and supports, in consultation with their respective
commissioners to finance bondable appropriations previously approved by
the legislature.

3. Application of other provisions of article. Except as provided in
this section, the other provisions of this act shall apply to mental
health services facilities improvement bonds and mental health services
facilities improvement notes issued by the agency pursuant to this
section, provided, however, that such bonds and notes, subject to any
agreements with the holders of particular bonds or notes pledging any
specified portions thereof, shall be secured by a pledge thereof of (a)
payments made to the agency with respect to mental health services
facilities financed or refinanced with the proceeds of such bonds and
notes, and (b) any other assets, moneys or accounts pledged or assigned
to the agency as security for such payments. However, no resolution or
resolutions authorizing mental health services facilities improvement
bonds or mental health services facilities improvement notes shall (A)
pledge all or any part of the fees and charges made or received by the
agency pursuant to paragraphs (a) through (d) of subdivision three of
section six of this act in connection with the making of mortgage loans
or commitments therefor, or all or any part of the moneys received in
payment of such mortgage loans and interest thereon, (B) pledge all or
any part of the mortgages of the agency or obligations securing the
same, (C) provide as to the use and disposition of the gross income from
mortgages owned by the agency or as to the payment of the principal of
mortgages owned by the agency, (D) pledge all or any part of the rentals
paid to the agency under leases, subleases or other agreements for
health facilities entered into by the agency in accordance with this
article, or (E) pledge or assign all or any part of any other assets,
moneys or accounts pledged or assigned to the agency as security for the
payment of rentals for such health facilities.

4. Mental health services facilities fund. The agency shall create and
establish one or more special funds (herein referred to as mental health
services facilities funds) and shall pay into any such fund any moneys
which the agency shall receive in payment in accordance with one or more
agreements entered into pursuant to subdivision 4 of section 9 of the
facilities development corporation act and any other moneys which the
agency shall receive from the facilities development corporation
pursuant to such agreements. Such moneys and any other moneys paid into
the mental health services facilities fund may, in the discretion of the
agency, but subject to agreements with the holders of mental health
services facilities improvement bonds and mental health services
facilities improvement notes, be used by the agency (a) for the
repayment of advances, if any, from the state to the agency in
connection with mental health services facilities, and any real property
or interest in real property required therefor, in accordance with the
provisions of repayment agreements related thereto which have been
entered into with the director of the budget, (b) to pay all costs,
expenses and charges of financing and refinancing mental health services
facilities including fees and expenses of trustees and paying agents and
credit enhancement fees, (c) to pay the administrative and other
expenses of the agency allocable to the services performed by the agency
in the financing or refinancing of or the design, construction,
acquisition, reconstruction, rehabilitation or improvement of mental
health services facilities and matters relating thereto, (d) for the
payment of the principal of and interest on mental health services
facilities improvement bonds or mental health services facilities
improvement notes issued by the agency when the same shall become due
whether at maturity or by call for redemption and for the payment of any
redemption premium required to be paid where such bonds or notes are
redeemed prior to their stated maturities, and to purchase mental health
services facilities improvement bonds or mental health services
facilities improvement notes issued by the agency, or (e) for such other
corporate purposes of the agency relating to the carrying out of its
functions, powers and duties with respect to the financing or
refinancing of the design, construction, acquisition, reconstruction,
rehabilitation or improvement of mental health services facilities as
the agency in its discretion shall determine and provide.

5. The agency may create and establish one or more special funds to be
known as mental health services facilities improvement capital reserve
funds and may pay into such reserve funds (a) any moneys appropriated
and made available by the state for the purposes of such funds, (b) any
proceeds of the sale of mental health services facilities improvement
notes or bonds, to the extent provided in the resolution of the agency
authorizing the issuance thereof, and (c) any other moneys which may be
made available to the agency for the purposes of such funds from any
other source or sources. The amount in each such capital reserve fund
shall be determined by resolution of the agency provided, however, that
such capital reserve fund shall not exceed the maximum amount of
payments becoming due in any succeeding calendar year.

The moneys held in or credited to the capital reserve funds
established under this subdivision except as hereinafter provided, shall
be used solely to the extent any payments as they become due pursuant to
one or more agreements referred to in subdivision two of this section
are not made or provided for by the facilities development corporation,
provided, however, that the moneys in such funds shall, subject to
agreement with the bondholders, not be withdrawn therefrom at any time
in such amount as would reduce the amount thereof to less than the
amount determined by resolution of the agency except for the purpose of
making such payments becoming due under the agreements with the
facilities development corporation and for which other moneys are not
available.

Any income or interest earned by, or increment to, any such mental
health services improvement facilities capital reserve fund due to the
investment thereof may be transferred to the mental health services
facilities fund to the extent it does not reduce the amount of such
mental health services capital reserve fund below the reserve
requirement determined by resolution of the agency.

6. Notwithstanding any other provision of law, general or special:

a. Any public corporation or officer responsible for the acquisition
of real property or any interest in real property or the planning,
supervision or administration of facilities thereon which may be
designed, constructed, acquired, reconstructed, rehabilitated or
improved by the agency pursuant to this act is hereby authorized for and
on behalf and in the name of the people of the state of New York, to
execute and deliver to the agency, for such consideration, if any, as
may be determined by such public corporation or officer and the agency,
but not to exceed the cost of acquisition thereof and the cost of
improvement thereon, a lease for a term not exceeding thirty years or a
quitclaim deed conveying to the agency the title to or any interest in
real property and to any real property or interest in real property of
the people of the state of New York acquired by such public corporation
or officer for such facilities, and in and to any of the improvements
thereon, for the purpose of designing, constructing, reconstructing,
rehabilitating or improving thereon one or more facilities pursuant to
this act for lease or sublease to any such public corporation or
officer, in accordance with the terms of an agreement entered into among
them in accordance with law. The agency is hereby authorized to accept
any such lease or conveyance from such public corporation or officer or
from any voluntary agency, to lease or sublease such real property, any
interest in real property, improvements and facilities to such public
corporation or officer, and to hold the same subject to the terms of any
such lease, conveyance, sublease or other agreement, and such public
corporation or officer is hereby authorized, with the approval of the
director of the budget, to lease or sublease any such real property,
interests in real property, or improvements of the facilities designed,
constructed, reconstructed, rehabilitated or improved thereon pursuant
to this act or other provisions of law, and to hold such real property,
any interests in real property, improvements and facilities subject to
the terms of any such lease, sublease or other agreement.

b. (i) In the event that the agency shall fail, within five years from
the date of a lease or conveyance authorized pursuant to subdivision 1
of this section, to construct, reconstruct, rehabilitate or improve the
facility or facilities thereon for which the conveyance was made, as
provided for in a lease, sublease, loan or other financing agreement
entered into with such public corporation or officer, or in the event
that such facility or facilities shall cease to be used for the purposes
intended, then and in either event but subject to the terms of any
lease, sublease, loan or other financing agreement undertaken by the
agency, such real property, interests in real property, and the
improvements and facilities thereon, shall revert to the people of the
state of New York with right of re-entry thereupon, and such lease or
deed shall be made subject to such conditions. Provided, however, that
as a condition precedent to the exercise of such right of re-entry the
agency shall be paid an amount equal to the purchase price of such real
property, any interest in real property, and improvements, the
depreciated cost of any facility or facilities constructed,
reconstructed, rehabilitated or improved thereon, and all other costs of
the agency incident to the acquisition of such real property, interest
in real property, and the financing of construction, reconstruction,
rehabilitation or improvement relating to such facility or facilities,
all as provided in the aforesaid lease, sublease, loan or other
financing agreement entered into with such public corporation or
officer. It is further provided that for the Corona Unit of the Bernard
M. Fineson developmental disabilities services office, the agency may be
paid an amount less than or equal to the purchase price of the real
property, any interest in real property, and improvements, the
depreciated cost of the facility constructed, reconstructed,
rehabilitated, demolished or improved thereon, and all other costs of
the agency incident to the acquisition of the real property, interest in
real property and the financing of construction, reconstruction,
rehabilitation, demolition or improvement relating to the facility, all
as provided in the aforesaid lease, sublease, loan or other financing
agreement entered into with such public corporation or officer.

(ii) In the event that the agency shall determine that any portions of
the real property or interest in real property leased or conveyed
pursuant to subdivision 1 of this section are in excess of the real
property or interest in real property needed to construct, reconstruct,
rehabilitate or improve the facility or facilities thereon for which the
conveyance was made, as provided in a lease, sublease, loan or other
financing agreement entered into with such public corporation or officer
or any voluntary agency, the agency may terminate its lease with respect
to such excess portions of such real property or interest in real
property or reconvey such excess portions to the people of the state of
New York or to such voluntary agency. Provided, however, that the state
of New York or such public corporation or officer or such voluntary
agency shall pay to the agency an amount equal to the consideration, if
any, paid by the agency to such public corporation or officer or such
voluntary agency allocable to such excess real property or interest in
real property and such other costs of the agency as are incident to the
acquisition of such excess real property or interest in real property,
all as may be approved by such public corporation or officer or such
voluntary agency and the agency. Any monies so paid to the agency shall
be used and applied, subject to the provision of any contract with
noteholders and bondholders, for the sole purpose of paying costs and
expenses of the agency incident to the financing of the facility or
facilities to be designed, constructed, reconstructed, rehabilitated or
improved on such other portions of the real property or interest in real
property as shall have been leased or conveyed to the agency pursuant to
subdivision 1 of this section. It is further provided that for the
Corona unit of the Bernard M. Fineson developmental disabilities
services office, the state of New York or such public corporation or
officer or such voluntary agency may but is not required to pay to the
agency an amount less than or equal to the consideration, if any, paid
by the agency to such public corporation or officer or such voluntary
agency allocable to such excess real property or interest in real
property and such other costs of the agency as are incident to the
acquisition of such excess real property or interest in real property,
all as may be approved by such public corporation or officer or such
voluntary agency and the agency. Any monies so paid to the agency shall
be used and applied, subject to the provision of any contract with
noteholders and bondholders, for the sole purpose of paying costs and
expenses of the agency incident to the financing of the Corona unit of
the Bernard M. Fineson developmental disabilities services office to be
designed, constructed, reconstructed, rehabilitated, demolished or
improved on such other portions of the real property or interest in real
property as shall have been leased or conveyed to the agency pursuant to
subdivision 1 of this section.

c. The attorney general shall pass upon the form, sufficiency and
manner of execution of any deed of conveyance and of any lease or
sublease of lands and of any loan or other financing agreement
authorized to be given under subdivision one of this section, excluding
any lease or sublease given by a voluntary agency to the agency, and the
same shall not be effective unless so approved by him.

d. The cost of design, construction, acquisition, reconstruction,
rehabilitation or improvement of facilities undertaken by the agency
pursuant to this act may include the cost of acquisition of any real
property, interest in real property and improvements leased or conveyed
to the agency in accordance with subdivision 1 of this section and the
cost of the original furnishings, equipment, machinery and apparatus
determined by the responsible public corporation or officer to be needed
to furnish and equip such facilities upon the completion of work. The
agency shall have power to acquire or lease and to hold real property,
any interest in real property and improvements required for the design,
construction, acquisition, reconstruction, rehabilitation or improvement
of facilities undertaken by the agency pursuant to this act and to
provide the original furnishings, equipment, machinery and apparatus
determined by the responsible public corporation or officer to be needed
to furnish and equip such facilities upon the completion of work and to
issue its bonds and notes to provide sufficient funds to pay or
refinance the cost thereof.

e. Any public corporation or officer referred to in paragraph a of
this subdivision is hereby authorized and empowered, in connection with
any lease, sublease, loan or other financing agreement with the agency
to which such public corporation or officer is a party, and subject to
such agreements with third parties as may then exist, to:

(i) pledge or assign to the agency all or any portion of the revenues
and monies received or to be received by such public corporation or
officer, which may be available for the purpose of making payments for
the use of the facilities constructed, acquired, reconstructed,
rehabilitated or improved or to be constructed, acquired, reconstructed,
rehabilitated or improved under such agreement, so that such payments
may be fully secured and protected; provided, however, that such pledge
or assignment shall not extend to appropriations or advances from the
state except appropriations or advances made specifically for the
purpose of paying all or any part of such payments;

(ii) use and dispose of such revenues and monies, or any portions
thereof, for the purpose of defraying, in whole or in part, (1) the cost
of acquiring any real property or interest in real property for the
purpose of constructing, acquiring, reconstructing, rehabilitating or
improving facilities thereon which may be constructed, acquired,
reconstructed, rehabilitated or improved by the agency pursuant to this
act, (2) the cost of financing the construction, acquisition,
reconstruction, rehabilitation or improvement of such facilities, and
(3) the cost of acquiring the original furnishings, equipment, machinery
and apparatus needed to furnish and equip such facilities upon the
completion of work;

(iii) set aside reserves and to agree to the maintenance, regulation
and disposition thereof;

(iv) agree to limitations on the purposes to which the proceeds of
sale of agency notes or bonds may be applied and to the pledging of such
proceeds to secure the payment of agency notes or bonds or of any issue
thereof;

(v) agree to limitations on the making of additional leases,
subleases, loans or other financing agreements with the agency or with
others, and the terms upon which such additional leases, subleases,
loans or other financing agreements may be made;

(vi) recognize and give effect to such assignment, upon receipt of any
notice of assignment by the agency of any such lease, sublease, loan or
other financing agreement with the agency, or of any of its rights under
such lease, sublease, loan or other financing agreement, and to pay the
assignee thereof payments then due or which may become due under any
such lease, sublease, loan or other financing agreement which has been
so assigned by the agency; and

(vii) agree to any other matters, of like or different character,
which in any way affect the security or protection of the payments
required to be made under the terms of such lease, sublease, loan or
other financing agreement with the agency.

f. (i) Any mental hygiene facility, as defined in this section, which
has been constructed, acquired, reconstructed, rehabilitated or
improved, in whole or in part, out of monies advanced or deemed to have
been advanced to the facilities development corporation, the state
department of mental hygiene or the office of general services, since
April 1, 1963 pursuant to appropriations or reappropriations as advances
from the capital projects fund, and the real property or any interest in
real property upon which such a facility is located, may be leased or
conveyed to the agency by the facilities development corporation or the
commissioner of mental hygiene in accordance with the provisions of
subdivisions 1 through 5 of this section, notwithstanding that the
construction, acquisition, reconstruction, rehabilitation or improvement
of such facility may have been completed by the facilities development
corporation, the state department of mental hygiene or the office of
general services.

(ii) Subject to such agreements with third parties as may then exist,
the facilities development corporation is hereby authorized and
empowered to enter into leases, subleases, loans and other financing
agreements with the agency with respect to any mental hygiene facility
described in subparagraph (i) of this paragraph, and the real property
or any interest in real property upon which such a facility is or may be
located, in accordance with the provisions of subdivision 4 of section 9
of the facilities development corporation act and the provisions of
subdivisions 1 through 5 of this section; and the agency is hereby
authorized and empowered to accept any lease or conveyance of any such
mental hygiene facility, and the real property or any interest in real
property upon which such a facility is or may be located, to acquire,
construct, reconstruct, rehabilitate or improve any such facility, and
to issue bonds and notes to provide sufficient funds therefor in
accordance with the provisions of this section.

7. 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 developmental disabilities
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 developmental
disabilities 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 thereon to the
corporation for the purpose of making the same available to a city or a
county not wholly within a city, for use and occupancy in accordance
with the provisions of a lease, sublease or other agreement between the
corporation and such city or county.

b. In the event that the agency shall fail, within five years after
the date of a lease or conveyance of such real property from property
from such city or county to the corporation, to construct, reconstruct,
rehabilitate or improve the community mental health and developmental
disabilities 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-entry thereupon, and such lease or deed shall be made subject to such
condition of reverter and re-entry. Provided, however, that as a
condition precedent to the exercise of such right of re-entry 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 developmental disabilities 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
developmental disabilities 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
depreciated cost of the sum of the community mental health and
developmental disabilities facility constructed, reconstructed,
rehabilitated, demolished or improved thereon and all other costs of the
agency incident to the acquisition of such lands and the financing of
construction, reconstruction, rehabilitation, demolition or improvement
relating to such community mental health and developmental disabilities
facility, all as provided in the aforesaid lease, sublease or other
financing agreement entered into with the corporation.

c. No real property or interest therein shall be acquired by the
agency pursuant to this subdivision unless the title thereto shall be
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 or
sublease of real property authorized to be acquired by the agency
pursuant to this subdivision and the same shall not be effective unless
such deed, lease or sublease shall be so approved by him.