Short title
Chapter 359 of the laws of 1968 § 1. Short title. This act shall be known and may be cited and referred to as the "facilities development corporation act."
New York · statute · N.Y. Facilities Development Corporation Act 359/68 Law · 25 active provisions
Chapter 359 of the laws of 1968 § 1. Short title. This act shall be known and may be cited and referred to as the "facilities development corporation act."
§ 2. Statement of legislative findings and purposes. It is hereby found and declared that the provision of new and improved state facilities relating to the care, maintenance and treatment of the mentally disabled must be accelerated if the state is to meet its responsibilities in the face of an increasing state popula…
§ 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, a…
§ 4. Facilities Development corporation. There is hereby created the facilities development corporation. The corporation shall be a corporate governmental agency constituting a public benefit corporation. From and after the effective date of the health care financing consolidation act, as provided in subdivision 1 of s…
§ 5. General powers and duties of corporation. The corporation shall have the following powers in addition to those specifically conferred elsewhere in this act. 1. To sue and be sued. 2. To have a seal and alter the same at pleasure. 3. To make and alter by-laws for its organization and internal management. 4. With th…
§ 6. Purposes of the corporation. The purposes of the corporation are: 1. To facilitate the timely provision, acquisition, construction, reconstruction, rehabilitation or improvement of health facilities for the prevention, diagnosis or treatment of human disease, pain, injury, deformity or physical condition, at a rea…
§ 7. Relationship with the state departments of health and mental hygiene. 1. The corporation shall upon request assist and cooperate with and make its personnel and services fully available to the commissioner of health and the department of health in matters relating to their responsibilities for the approval of cons…
§ 7-a. Relationship with the state department of corrections and community supervision. The corporation, upon the issuance by the director of the budget of a certificate of approval segregating funds to pay for their corporate services, shall design, construct, reconstruct, rehabilitate, improve, and equip facilities f…
§ 8. Provisions relating to health facilities improvement program. 1. Municipal health facilities agency. The mayor or other chief executive of a municipality shall designate a department, board, commission, bureau, division or other agency or official to act on behalf of the municipality as a municipal health faciliti…
§ 8-A. Provisions relating to agreements with certain non-profit corporations. 1. The corporation is authorized to enter into an agreement, at the request of the commissioner of health, with corporations which are eligible borrowers as defined in article 28-B of the public health law providing for such services and suc…
§ 8-b. Provisions relating to agreements with certain municipalities. 1. The corporation is authorized to enter into an agreement with a municipality providing for the design by the corporation of a health facility or health facilities for such municipality at the sole cost and expense of the municipality. Such agreeme…
§ 9. Provisions relating to mental hygiene facilities improvement program and monies thereof. 1. Capital construction planning, construction standards, design and municipal regulations. a. The appropriate commissioner or director of the department shall cause to be prepared, with the assistance of the corporation, the…
§ 9-a. Equal employment opportunity program. 1. All contracts for design, construction, services and materials executed by the corporation pursuant to the provisions of this act, other than contracts the cost of which is borne solely by a municipality or municipalities, and all documents soliciting bids or proposals th…
§ 9-b. Minority and women-owned business enterprise program. 1. (a) Minority and women-owned business enterprises shall be given the opportunity for meaningful participation in all contracts executed by the corporation pursuant to the provisions of this act other than contracts the cost of which is borne solely by a mu…
§ 10. Monies of the corporation relating to health facilities improvement program. Subject to the terms of any agreement between the corporation and the state housing finance agency or the state medical care facilities finance agency, as the case may be, and except as otherwise authorized or provided by section nine of…
§ 11. General fiscal requirements relating to the corporation. 1. The chairman of the corporation shall annually, at such time as the governor may request, prepare and submit to the governor and the director of the budget, on behalf of the directors of the corporation, an itemized budget request and any additional info…
§ 12. Actions by and against the corporation. 1. The state supreme court shall have exclusive jurisdiction of any action, suit or special proceeding brought by or against or involving the corporation. The venue of any action, suit or special proceeding brought against the corporation shall be laid in the county of Alba…
§ 13. Tax exemption of monies and property of the corporation. The monies and property of the corporation and its operations shall be exempt from taxation.
§ 14. Cooperation and assistance from other state agencies. 1. The departments of health, mental hygiene and law, the division of the budget, the office of general services, the state housing finance agency, the state medical care facilities finance agency, the state agency designated to implement an act of congress kn…
§ 14-a. Special provisions relating to municipal facilities. 1. The corporation is authorized to enter into an agreement with a municipality for the design, construction, reconstruction, rehabilitation and improvement for such municipality of a municipal building or buildings at the sole cost and expense of such munici…
§ 14-b. Special provisions relating to local correctional facilities. 1. The corporation is authorized to enter into an agreement with a municipality providing for the design, construction, reconstruction, rehabilitation and improvement for such municipality of a local correctional facility, as such term is defined in…
§ 15. Annual report of directors. The directors of the corporation shall submit to the governor, the state agency designated by him to implement the federal comprehensive health planning and public health services amendments of nineteen hundred sixty-six (Public Law 89-749), the public health council, the mental hygien…
§ 15-a. Payment on corporation public work projects. Notwithstanding the provisions of any other law to the contrary, all contracts for public work awarded by the facilities development corporation pursuant to this chapter shall be in accordance with section one hundred thirty-nine-f of the state finance law.
§ 16. Separability. If any section, subdivision, paragraph, sentence, clause or provision of this act shall be unconstitutional or be ineffective in whole or in part, to the extent that it is not unconstitutional or ineffective, it shall be valid or effective and no other section, subdivision, paragraph, sentence, clau…
§ 17. Inconsistent provisions of other laws superseded. Insofar as the provisions of this article are inconsistent with the provisions of any other law, general or special, the provisions of this act shall be controlling.