New York Unconsolidated|SECTION 3

                                                

  § 3. Definitions. 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 retardation 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 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.

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.