N.Y. Facilities Development Corporation Act 359/68 § 3: Definitions

§ 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 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.

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

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.

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.