§ 3 — Definitions

New York § 3

• Jurisdiction: New York
• Law FDC: Facilities Development Corporation Act 359/68

Text

§ 3. Definitions. As used in this act, unless the context otherwise\nrequires:\n 1. "Comptroller" means the comptroller of the state of New York.\n 2. "Community mental health and developmental disabilities facility"\nshall mean a building, a unit within a building, a laboratory, a\nclassroom, a housing unit, a dining hall, an activities center, a\nlibrary, or any structure on or improvement to real property, or an\ninterest in real property, including an interest in, and proprietary\nlease from, an organization formed for the purpose of cooperative\nownership of real property, of any kind or description, including\nfixtures and equipment which are an integral part of such building, unit\nor structure or improvement, a walkway, a roadway or a parking lot and\nimprovements and connections for water, sewer, gas, electrical,\ntelephone, heating, air conditioning and other utility services, or a\ncombination of any of the foregoing, whether for patient care and\ntreatment or staff, staff family or service use, located in a city, or\nin a county not wholly included within a city, authorized to provide\ncommunity mental health services in accordance with the provisions of\narticle 41 of the mental hygiene law, which is utilized or to be\nutilized for the administration and conduct of programs for persons with\nmental illness or developmental disabilities, or both, and for the\nprovision of services therefor, or utilized or to be utilized in the\nperformance of services benefitting or assisting the care, treatment,\nrehabilitation or maintenance of persons with mental disabilities, and\napproved to provide such services, pursuant to a written agreement with\nthe appropriate commissioner of an office of the department of mental\nhygiene. Nothing in this subdivision shall be deemed to supercede the\nprovisions of article 41 of the mental hygiene law, where applicable. A\ncommunity mental health and developmental disabilities facility shall\nalso mean and include a residential facility to be operated as a\ncommunity residence for persons with mental disabilities and a treatment\nfacility for use in the conduct of an alcoholism treatment program or of\na substance abuse treatment program as defined in the mental hygiene\nlaw.\n 2-a. "Department" means the department of mental hygiene and the\noffices of mental health, and alcoholism and substance abuse services\nand the office for people with developmental disabilities of such\ndepartment.\n 2-b. "Commissioner" means the commissioner of mental health, the\ncommissioner of the office for people with developmental disabilities,\nthe commissioner of alcoholism and substance abuse services.\n 3. "Corporation" means the facilities development corporation created\nby this act.\n 3-a. "Dormitory authority" means the dormitory authority created by\nthe dormitory authority act as amended, being title four of the public\nauthorities law.\n 3-b. "Facility for the department of corrections and community\nsupervision" means real property, a building, a unit within a building,\nor any structure on or improvement to real property of any kind or\ndescription essential, necessary or useful in the program of the\ndepartment of corrections and community supervision, including all usual\nattendant and related facilities, fixtures, equipment, and connections\nfor utility services or any combinations thereof, designed, acquired,\nconstructed, reconstructed, rehabilitated and improved, or otherwise\nprovided for the department of corrections and community supervision.\n 4. "Federal government" means the United States of America, and any\nofficer, department, board, commission, bureau, division, corporation,\nagency or instrumentality thereof.\n 5. "Governing body" means the board of supervisors, county\nlegislature, board of aldermen, common council, council, commission, or\nother elective governing board or body now or hereafter vested by state\nstatute, charter or other law with jurisdiction to initiate and adopt\nlocal laws, whether or not such local laws or ordinances require the\napproval of the elective chief executive officer or other official or\nbody to become effective, and except that with respect to a city having\na population of one million or more the term "governing body" shall mean\nthe board of estimate.\n 6. "Health facility" means a building, a unit within a building, a\nlaboratory, a classroom, a housing unit, a dining hall, an activities\ncenter, a library, or any structure on or improvement to real property\nof any kind or description, including fixtures and equipment which are\nan integral part of any such building, unit, structure or improvement, a\nwalkway, a roadway or a parking lot, and improvement and connections for\nwater, sewer, gas, electrical, telephone, heating, air conditioning and\nother utility services, or a combination of the foregoing, whether for\npatient care and treatment of staff, staff family or service use,\nlocated at or related to or constituting a hospital of, and located in,\na municipality.\n 7. "Health facilities improvement program" means a program or programs\nundertaken by the corporation pursuant to section eight of this act.\n 8. "Hospital" means a hospital as defined in article twenty-eight of\nthe public health law.\n 9. "Letting agency" means, where the corporation is undertaking a\nmental hygiene facilities improvement program or a mental health\nfacilities improvement program, (i) the commissioner of general services\nif by agreement with the corporation he is to award the contracts for a\nparticular construction, reconstruction, rehabilitation or improvement\nproject, or (ii) the corporation if it is to award such contracts as\nprincipal or as agent for the state housing finance agency or the state\nmedical care facilities finance agency.\n 10. "Mental hygiene facility" shall mean a building, a unit within a\nbuilding, a laboratory, a classroom, a housing unit, a dining hall, an\nactivities center, a library, real property of any kind or description,\nor any structure on or improvement to real property, or an interest in\nreal property, of any kind or description, owned by or under the\njurisdiction of the corporation, including fixtures and equipment which\nare an integral part of any such building, unit, structure or\nimprovement, a walkway, a roadway or a parking lot, and improvements and\nconnections for water, sewer, gas, electrical, telephone, heating, air\nconditioning and other utility services, or a combination of any of the\nforegoing, whether for patient care and treatment or staff, staff family\nor service use, located at or related to any psychiatric center, any\ndevelopmental center, or any state psychiatric or research institute or\nother facility now or hereafter established under the department. A\nmental hygiene facility shall also mean and include a residential care\ncenter for adults, a "community mental health and developmental\ndisabilities facility" and a treatment facility for use in the conduct\nof an alcoholism or substance abuse treatment program as defined in the\nmental hygiene law unless such residential care center for adults,\ncommunity mental health and developmental disabilities facility or\nalcoholism or substance abuse facility is expressly excepted, or the\ncontext clearly requires otherwise, and shall also mean and include any\ntreatment facility for use in the conduct of an alcoholism or substance\nabuse treatment program that is also operated as an associated health\ncare facility. The definition contained in this subdivision shall not be\nconstrued to exclude therefrom a facility owned or leased by one or more\nvoluntary agencies that is to be financed, refinanced, designed,\nconstructed, acquired, reconstructed, rehabilitated or improved under\nany lease, sublease, loan or other financing agreement entered into with\nsuch voluntary agencies, and shall not be construed to exclude therefrom\na facility to be made available from the corporation to a voluntary\nagency at the request of the commissioners of the offices of the\ndepartment having jurisdiction thereof. The definition contained in this\nsubdivision shall not be construed to exclude therefrom a facility with\nrespect to which a voluntary agency has an ownership interest in, and\nproprietary lease from, an organization formed for the purpose of the\ncooperative ownership of real estate.\n 11. "Mental hygiene facilities improvement program" means a program or\nprograms undertaken by the corporation pursuant to section nine of this\nact.\n 12. "Mentally disabled" means a person having a mental disability as\ndefined in section 1.03 of the mental hygiene law.\n 13. "Municipality" means a county, city, town or village, except that,\nwhere the corporation is undertaking a health facilities improvement\nprogram, such term shall mean a county, city or town constituting a\nsocial services district as defined in sections two, sixty-one,\nseventy-five and seventy-five-a of the social services law, or any two\nor more of the foregoing which are acting jointly to provide a health\nfacility or health facilities.\n 13-a. "Municipal building" shall mean a building, including grading or\nimprovement of the site, furnishings, equipment and utility services in\nconjunction with such a building, to be principally used for the\nadministrative offices of a municipality or for the storage or repair of\nmaintenance equipment. Nothing herein shall be construed to prevent the\ncorporation from entering into an agreement for the design and\nconstruction of a local correctional facility in combination with a\nmunicipal building.\n 14. "Division of alcoholism and alcohol abuse facility or division of\nsubstance abuse services facility" means a rehabilitation center,\ntreatment program or other facility or part thereof established and\noperated under the professional jurisdiction and supervision of the\noffice of alcoholism and substance abuse services, created pursuant to\narticle 19 of the mental hygiene law.\n 15. "Real property" means lands and improvements and any fixtures,\nequipment and articles of personal property affixed to or used in\nconnection therewith, lands under water, waterfront property, the water\nof any lake, pond or stream and any and all easements, franchises and\nhereditaments, corporeal or incorporeal, and every estate, interest and\nright therein, legal and equitable in lands or waters, and right,\ninterest, privilege, easement and franchise relating to the same,\nincluding terms for years and liens by way of judgment, mortgage or\notherwise.\n 16. "State" means the state of New York.\n 17. "State agency" means any officer, department, board, commission,\nbureau, division, public benefit corporation, agency or instrumentality\nof the state.\n 18-a. "State housing finance agency" means the New York state housing\nfinance agency created by article three of the private housing finance\nlaw.\n 18-b. "State medical care facilities finance agency" means the New\nYork state medical care facilities finance agency created by the New\nYork state medical care facilities finance agency act.\n 19. "Voluntary agency" means a corporation organized under or existing\npursuant to the not-for-profit corporation law providing or, pursuant to\na written agreement with the appropriate commissioner, approved to\nprovide housing that includes residences for persons with mental\ndisabilities, or services benefitting or assisting in the care,\ntreatment, rehabilitation or maintenance of persons with mental\ndisabilities, community mental health or residential services, community\ndevelopmental disabilities services, or alcohol, substance-abuse, or\nchemical-dependency residential or non-residential treatment services,\nor for any combination of the foregoing. Notwithstanding any other\nprovision of law to the contrary, voluntary agency shall also include\nany entity receiving financing, approvals or assistance of any form from\nthe state housing finance agency or the state division of housing and\ncommunity renewal for one or more integrated housing projects including\nprojects serving persons with mental disabilities, which shall be\napproved by the appropriate commissioner. Such commissioner is hereby\nauthorized to enter into any agreements necessary or useful for such\nprojects, subject to the approval of the director of the budget.\n 20. "Associated health care facility" shall mean a facility licensed\nunder and operated pursuant to article 28 of the public health law or\nany health care facility licensed under and operated in accordance with\nany other provisions of the public health law or the mental hygiene law\nthat provides health care services and/or treatment to all persons,\nregardless of whether such persons are persons receiving treatment or\nservices for alcohol, substance abuse, or chemical dependency.\n