S T A T E   O F   N E W   Y O R K
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                                   9349
 
                             I N  S E N A T E
 
                               May 18, 2022
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Housing, Construction  and
   Community Development
 
 AN  ACT to amend the facilities development corporation act, in relation
   to the transfer and conveyance of certain property to a housing devel-
   opment fund corporation

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 13 of section 5 of section 1 of chapter 359 of
 the laws of 1968, constituting the  facilities  development  corporation
 act,  as  amended by chapter 723 of the laws of 1993, is amended to read
 as follows:
   13. (A) Subject to the terms and conditions of  any  lease,  sublease,
 loan  or other financing agreement with the state housing finance agency
 or the state medical care facilities finance agency, and to the determi-
 nation of the appropriate commissioner of the  department,  and  in  the
 case  of community mental health and retardation facilities, of the city
 or county, that such real property held for the  purposes  of  a  mental
 hygiene facilities improvement program is unnecessary for the present or
 foreseeable future needs of a mental hygiene facility, with the approval
 of  the  director  of  the  budget,  to convey for fair value, EXCEPT AS
 OTHERWISE PROVIDED IN PARAGRAPH (B)  OF  THIS  SUBDIVISION,  any  right,
 title  or interest of the people of the state of New York in and to such
 real property to any appropriate state agency,  or  public  corporation,
 city or county for other public use or for sale, lease or other disposi-
 tion  in  accordance  with  law,  real property held by the corporation,
 provided, however, nothing  in  this  subdivision  shall  be  deemed  to
 [supercede]  SUPERSEDE  the  provisions  of  section 41.34 of the mental
 hygiene law and provided further  that  any  such  conveyance  shall  be
 subject  to,  and  consistent with the terms and objectives of, any plan
 developed by the state interagency council on  mental  hygiene  property
 utilization. The corporation shall provide written notice at least thir-
 ty days in advance of the effective date of any conveyance to the gover-
 nor,  the majority leader of the senate and the speaker of the assembly.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14009-03-2
 S. 9349                             2
 
 No conveyance as authorized  in  this  subdivision  that  may  adversely
 affect  the tax exempt nature of any such lease, sublease, loan or other
 financing agreement with the state housing finance  agency  or  the  New
 York  state  medical  care facilities finance agency may occur until the
 attorney general or other designated bond counsel determines in  writing
 that  the conveyance is consistent with all applicable state and federal
 laws, rules and regulations, and with  deeds,  leases,  subleases,  loan
 agreements,  financing  agreements,  and bond resolutions relating to or
 affected by the conveyance, and that the conveyance does not impair  the
 tax exempt status of outstanding obligations issued by the state housing
 finance  agency  or  the  New York state medical care facilities finance
 agency to finance or refinance the  design,  construction,  acquisition,
 reconstruction,  rehabilitation  or improvement of mental health service
 facilities as defined in the New  York  state  medical  care  facilities
 finance agency act.
   (B)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, FOR
 THE PURPOSES OF TRANSFERRING AND CONVEYING THE  WESTERNMOST  PORTION  OF
 THAT  CERTAIN  PROPERTY  COMMONLY  KNOWN  AS  THE  KINGSBORO PSYCHIATRIC
 CENTER, LOCATED AT 681 CLARKSON AVENUE IN BROOKLYN, NEW YORK TO A  HOUS-
 ING  DEVELOPMENT  FUND  CORPORATION FORMED PURSUANT TO ARTICLE XI OF THE
 PRIVATE HOUSING FINANCE LAW, FOR THE PURPOSES DESCRIBED BELOW, THE  TERM
 "FAIR  VALUE"  SHALL  BE  DEEMED TO BE AN AMOUNT DETERMINED TO BE IN THE
 PUBLIC INTEREST AND AGREED UPON BETWEEN THE COMMISSIONER OF  THE  OFFICE
 OF  MENTAL  HEALTH  AND  THE COMMISSIONER OF THE DIVISION OF HOUSING AND
 COMMUNITY RENEWAL, PROVIDED, HOWEVER, THAT SUCH AGREED UPON  AMOUNT  MAY
 BE LESS THAN THE APPRAISED FAIR VALUE, IN ORDER TO FACILITATE THE DEVEL-
 OPMENT OF THE PUBLIC BENEFIT VITAL BROOKLYN PROJECT AND IN REFLECTION OF
 THE  VITAL  BROOKLYN INITIATIVE AND THE INTENDED USE OF THE PROPERTY, TO
 INCREASE ACCESS TO OPEN SPACES, INCREASE ACCESS AND  QUALITY  OF  HEALTH
 CARE  SERVICES  AND PREVENTATIVE CARE, CREATE AFFORDABLE HOUSING, AND TO
 PROVIDE AT LEAST ONE HUNDRED SUPPORTIVE  HOUSING  UNITS  FOR  OFFICE  OF
 MENTAL HEALTH RECIPIENTS. THE DESCRIPTION OF THE LANDS TO BE TRANSFERRED
 AND  CONVEYED  AS  SET  FORTH  ABOVE  IS  NOT  INTENDED  TO  BE  A LEGAL
 DESCRIPTION BUT, INTENDED ONLY TO IDENTIFY THE PROPERTY SUBJECT TO  THIS
 PARAGRAPH.
   § 2. This act shall take effect immediately.