As used in this act, unless the context otherwise requires:
1."Comptroller" means the comptroller of the state of New York.2."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, or an interest in real property, including an interest in, and proprietary lease from, an organization formed for the purpose of cooperative ownership of 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 41 of the mental hygiene law, which is utilized or to be utilized for the administration and conduct of programs for persons with mental illness or developmental disabilities, or both, and for the provision of services therefor, or utilized or to be utilized in the performance of services benefitting or assisting the care, treatment, rehabilitation or maintenance of persons with mental disabilities, and approved to provide such services, pursuant to a written agreement with the appropriate commissioner of an office of the department of mental hygiene. Nothing in this subdivision shall be deemed to supercede the provisions of article 41 of the mental hygiene law, where applicable. A community mental health and developmental disabilities facility shall also mean and include a residential facility to be operated as a community residence for persons with mental disabilities 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.2-a. "Department" means the department of mental hygiene and the offices of mental health, and alcoholism and substance abuse services and the office for people with developmental disabilities of such department.2-b. "Commissioner" means the commissioner of mental health, the commissioner of the office for people with developmental disabilities, the commissioner of alcoholism and substance abuse services.3."Corporation" means the facilities development corporation created by this act.3-a."Dormitory authority" means the dormitory authority created by the dormitory authority act as amended, being title four of the public authorities law. 3-b."Facility for the department of corrections and community supervision" means real property, a building, a unit within a building, or any structure on or improvement to real property of any kind or description essential, necessary or useful in the program of the department of corrections and community supervision, including all usual attendant and related facilities, fixtures, equipment, and connections for utility services or any combinations thereof, designed, acquired, constructed, reconstructed, rehabilitated and improved, or otherwise provided for the department of corrections and community supervision. 4."Federal government" means the United States of America, and any officer, department, board, commission, bureau, division, corporation, agency or instrumentality thereof.5."Governing body" means the board of supervisors, county legislature, board of aldermen, common council, council, commission, or other elective governing board or body now or hereafter vested by state statute, charter or other law with jurisdiction to initiate and adopt local laws, whether or not such local laws or ordinances require the approval of the elective chief executive officer or other official or body to become effective, and except that with respect to a city having a population of one million or more the term "governing body" shall mean the board of estimate.6."Health facility" means 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 improvement and connections for water, sewer, gas, electrical, telephone, heating, air conditioning and other utility services, or a combination of the foregoing, whether for patient care and treatment of staff, staff family or service use, located at or related to or constituting a hospital of, and located in, a municipality.7."Health facilities improvement program" means a program or programs undertaken by the corporation pursuant to section eight of this act.8."Hospital" means a hospital as defined in article twenty-eight of the public health law.9."Letting agency" means, where the corporation is undertaking a mental hygiene facilities improvement program or a mental health facilities improvement program, (i) the commissioner of general services if by agreement with the corporation he is to award the contracts for a particular construction, reconstruction, rehabilitation or improvement project, or (ii) the corporation if it is to award such contracts as principal or as agent for the state housing finance agency or the state medical care facilities finance agency.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 jurisdiction 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 developmental disabilities 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 developmental disabilities facility or alcoholism or substance abuse facility is expressly excepted, or the context clearly requires otherwise, and shall also mean and include any treatment facility for use in the conduct of an alcoholism or substance abuse treatment program that is also operated as an associated health 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 department 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 disabilities, or services benefitting or assisting in the care, treatment, rehabilitation or maintenance of persons with mental disabilities, community mental health or residential services, community developmental disabilities services, or alcohol, substance-abuse, or chemical-dependency residential or non-residential treatment 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 commissioner is hereby authorized to enter into any agreements necessary or useful for such projects, subject to the approval of the director of the budget.11."Mental hygiene facilities improvement program" means a program or programs undertaken by the corporation pursuant to section nine of this act.12."Mentally disabled" means a person having a mental disability as defined in section 1.03 of the mental hygiene law.13."Municipality" means a county, city, town or village, except that, where the corporation is undertaking a health facilities improvement program, such term shall mean a county, city or town constituting a social services district as defined in sections two sixty-one, seventy-five and seventy-five-a of the social services law, or any two or more of the foregoing which are acting jointly to provide a health facility or health facilities. 13-a."Municipal building" shall mean a building, including grading or improvement of the site, furnishings, equipment and utility services in conjunction with such a building, to be principally used for the administrative offices of a municipality or for the storage or repair of maintenance equipment. Nothing herein shall be construed to prevent the corporation from entering into an agreement for the design and construction of a local correctional facility in combination with a municipal building.14."Division of alcoholism and alcohol abuse facility or division of substance abuse services facility" means a rehabilitation center, treatment program or other facility or part thereof established and operated under the professional jurisdiction and supervision of the office of alcoholism and substance abuse services, created pursuant to article 19 of the mental hygiene law.15."Real property" means lands and improvements and any fixtures, equipment and articles of personal property affixed to or used in connection therewith, lands under water, waterfront property, the water of any lake, pond or stream and any and all easements, franchises and hereditaments, corporeal or incorporeal, and every estate, interest and right therein, legal and equitable in lands or waters, and right, interest, privilege, easement and franchise relating to the same, including terms for years and liens by way of judgment, mortgage or otherwise.16."State" means the state of New York.17."State agency" means any officer, department, board, commission, bureau, division, public benefit corporation, agency or instrumentality of the state.18-a."State housing finance agency" means the New York state housing finance agency created by article three of the private housing finance law. 18-b."State medical care facilities finance agency" means the New York state medical care facilities finance agency created by the New York state medical care facilities finance agency act.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 disabilities, 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 services, or alcohol, substance-abuse, or chemical-dependency residential or non-residential treatment 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 commissioner is hereby authorized to enter into any agreements necessary or useful for such projects, subject to the approval of the director of the budget.20. "Associated health care facility" shall mean a facility licensed under and operated pursuant to article 28 of the public health law or any health care facility licensed under and operated in accordance with any other provisions of the public health law or the mental hygiene law that provides health care services and/or treatment to all persons, regardless of whether such persons are persons receiving treatment or services for alcohol, substance abuse, or chemical dependency.N.Y. Facilities Development Corporation Act Law § 3
Amended by New York Laws 2022, ch. 479,Sec. 45, eff. 7/26/2022.Amended by New York Laws 2019, ch. 672,Sec. 67, eff. 12/16/2019.Amended by New York Laws 2016, ch. 59,Secs. N-2, N-1 eff. 4/13/2016.