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This entry was published on 2022-07-29
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SECTION 47-B
Mental hygiene improvement bonds and notes
Private Housing Finance (PVH) CHAPTER 44-B, ARTICLE 3
§ 47-b. Mental hygiene improvement bonds and notes. 1. Definitions.
For the purposes of section forty-seven and of this section:

a. "Community mental health and developmental disabilities 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 title E of the mental
hygiene law, which is utilized or to be utilized for the administration
and conduct of programs for people living with either mental illness or
developmental disabilities, or both, and for the provision of services
therefor. A community mental health and retardation facility shall also
mean and include a residential facility to be operated as a community
residence for the mentally disabled, and a treatment facility for use in
the conduct of an alcoholism treatment program or of a substance abuse
treatment program as defined in the mental hygiene law.

b. "Mental hygiene facility" shall mean a building, a unit within a
building, a laboratory, a classroom, a housing unit, a dining hall, an
activities center, a library, or any structure on or improvement to real
property of any kind or description, including fixtures and equipment
which are an integral part of any such building, unit, structure or
improvement, a walkway, a roadway or a parking lot, and improvements and
connections for water, sewer, gas, electrical, telephone, heating, air
conditioning and other utility services, or a combination of any of the
foregoing, whether for patient care and treatment or staff, staff family
or service use, located at or related to any state hospital, any state
school, or any state psychiatric or research institute now or hereafter
established under the professional jurisdiction, supervision and control
of the state department of mental hygiene. A mental hygiene facility
shall mean and include a "community mental health and developmental
disabilities facility", unless such facility is expressly excepted or
the context clearly requires otherwise, and shall also mean and include
a treatment facility for use in the conduct of an alcoholism or
substance abuse treatment program as defined in the mental hygiene law,
unless such facility is expressly excepted or the context clearly
requires otherwise. The definition contained in this subdivision shall
not be construed to exclude therefrom a facility to be made available
under license or permit from the health and mental hygiene facilities
improvement corporation to a voluntary agency at the request of the
commissioners of the offices of the department of mental hygiene having
jurisdiction thereof for use in providing community mental health and
developmental disabilities services, or for use in the conduct of an
alcoholism or substance abuse treatment program.

c. "Mental hygiene improvement bonds" and "mental hygiene improvement
notes" shall mean bonds and notes, respectively, issued by the agency
pursuant to subdivision two of this section.

d. "Mental hygiene facilities improvement program" shall mean a
program undertaken by the agency and the health and mental hygiene
facilities improvement corporation for the purpose of constructing,
acquiring, reconstructing, rehabilitating or improving mental hygiene
facilities or causing such facilities to be constructed, acquired,
reconstructed, rehabilitated or improved pursuant to the health and
mental hygiene facilities improvement act and this article.

2. Additional powers of the agency.

a. The agency shall have power to lease one or more existing mental
hygiene facilities from the trustees of the health and mental hygiene
facilities improvement corporation and to construct, acquire,
reconstruct, rehabilitate and improve new mental hygiene facilities at
such facilities, or on any real property leased from the said
corporation, and to cause such new facilities to be constructed,
acquired, reconstructed, rehabilitated or improved by the trustees of
the said corporation as its agent, all in accordance with a lease,
sublease or other agreement entered into between the agency and the
trustees of the said corporation pursuant to subdivision four of section
nine of the health and mental hygiene facilities improvement 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 monies which may be available for the purpose, to provide
sufficient funds for the construction, acquisition, reconstruction,
rehabilitation or improvement of mental hygiene facilities pursuant to
the preceding paragraph of this subdivision, the payment of interest on
mental hygiene improvement bonds and mental hygiene improvement notes
issued for such purposes, the establishment of reserves to secure such
bonds and notes, and all other expenditures of the agency incident to
and necessary or convenient for any such construction, acquisition,
reconstruction, rehabilitation or improvement; provided, however, that
the agency shall not issue mental hygiene improvement bonds and mental
hygiene improvement notes in an aggregate principal amount exceeding
seven hundred five million dollars, excluding mental hygiene improvement
bonds and mental hygiene improvement notes issued to refund outstanding
mental hygiene improvement bonds or mental hygiene improvement notes.

3. Application of other provisions of article. Except as stated in
section forty-seven, the other provisions of this article shall apply to
mental hygiene improvement bonds and mental hygiene 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 to the payment thereof of (i) rentals paid to the
agency with respect to mental hygiene facilities financed with the
proceeds of such bonds and notes, and (ii) any other assets, monies or
accounts pledged or assigned to the agency as security for the payment
of such rentals, and provided further that no resolution or resolutions
authorizing mental hygiene improvement bonds and mental hygiene
improvement notes shall (i) pledge all or any part of the fees and
charges made or received by the agency pursuant to subdivision eleven of
section forty-four in connection with the making of mortgage loans or
commitments therefor, or all or any part of the monies received in
payment of such mortgage loans and interest thereon, or (ii) pledge all
or any part of the mortgages of the agency or obligations securing the
same, or (iii) provide as to the use and disposition of the gross income
from mortgages owned by the agency or as to the payment of principal of
mortgages owned by the agency, or (iv) pledge all or any part of the
rentals paid to the agency under leases, subleases or other agreements
for state university facilities or health facilities entered into by the
agency in accordance with this article, or (v) pledge or assign all or
any part of any other assets, monies or accounts pledged or assigned to
the agency as security for the payment of rentals for such state
university facilities or health facilities.

4. Mental hygiene facilities fund. The agency shall create and
establish a special fund (herein referred to as mental hygiene
facilities fund) and shall pay into such fund any monies which the
agency shall receive in payment of rentals due under one or more leases,
subleases or other agreements entered into pursuant to subdivision four
of section nine of the health and mental hygiene facilities improvement
act and any other monies which the agency shall receive from the health
and mental hygiene facilities improvement corporation as security for or
in payment of such rentals. Such monies and any other monies paid into
the mental hygiene facilities fund may, in the discretion of the agency,
but subject to agreements with the holders of mental hygiene improvement
bonds and mental hygiene 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 hygiene facilities, and any 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 mental hygiene facilities including fees and expenses of
trustees and paying agents, (c) to pay the administrative and other
expenses of the agency allocable to the services performed by the agency
in the financing of the construction, acquisition, reconstruction,
rehabilitation or improvement of mental hygiene facilities and matters
relating thereto, (d) for the payment of the principal of and interest
on mental hygiene improvement bonds or mental hygiene 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 hygiene improvement
bonds or mental hygiene 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 of
the construction, acquisition, reconstruction, rehabilitation or
improvement of mental hygiene facilities as the agency in its discretion
shall determine and provide.