§ 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 the approval of the comptroller, to prescribe a system of
accounts.

5. To make rules and regulations governing the exercise of its
corporate powers and the fulfillment of its corporate purposes, which
rules and regulations shall be filed with the secretary of state in the
manner provided by section one hundred two of the executive law.

6. To accept jurisdiction over and to hold, use and improve, in
accordance with such terms and conditions as the corporation and the
state housing finance agency or the state medical care facilities
finance agency, as the case may be, shall determine, any or all real
property acquired by such agency for a health facilities improvement
program.

7. Subject to the terms and conditions of any lease, sublease, loan or
other financing agreement with the appropriate commissioner of the
department or the state housing finance agency or the state medical care
facilities finance agency, to possess, hold, use and improve, all mental
hygiene facilities and all real and personal property acquired by or on
behalf of the corporation for a mental hygiene facilities improvement
program so long as its corporate existence shall continue.

8. a. With the approval of the appropriate commissioner of the
department and the director of the budget, to purchase real property
necessary or convenient for a mental hygiene facilities improvement
program in the name of the state, except where such purchase is for the
purpose of providing community mental health and developmental
disabilities facilities in which case such purchase shall be in its own
name; provided, however, that all such purchases shall be made pursuant
to legislation or appropriations in accordance with section nine of this
act. Nothing in this section contained shall be construed to prohibit
the acquisition of real property by purchase or appropriation by the
appropriate commissioner of the department pursuant to article
seventy-one of title E of the mental hygiene law for the purpose of
making mental hygiene facilities available under license or permit from
the corporation to a voluntary agency, 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, (i) for use in providing community mental
health and developmental disabilities services, including services in a
residential care center for adults, or (ii) for the conduct of an
alcoholism or substance abuse treatment program as defined in article
nineteen of title D of the mental hygiene law.

b. To execute and deliver deeds for real property held in its own
name.

c. To convey an easement as described in this subdivision, in or over
state-owned lands under the jurisdiction of the facilities development
corporation for the use of the department of mental hygiene subject to
prior notice to the commissioner of general services by filing with him
a copy of the proposed easement which shall be followed by such filing
of a copy of the easement conveyed, to a public corporation or a public
service corporation, in perpetuity or otherwise. For the purposes of
this subdivision an easement may be granted for the connection of a
water main, sewer pipe or other utility line or similar facility
maintained for public use, owned by any public corporation or public
service corporation, which shall be used for or in connection with any
facility occupied, used or serving the program of one of the offices of
the department of mental hygiene as defined in subdivision two-a of
section three of section one of this act. The consideration for the
grant of any such easement may consist of the agreement by the grantee
to maintain the subject utility facility.

d. To convey an easement as described in this subdivision, in or over
private lands under the jurisdiction of the facilities development
corporation for the use of the department of mental hygiene subject to
prior notice to the commissioner of general services by filing with him
a copy of the proposed easement which shall be followed by such filing
of a copy of the easement conveyed, to a public corporation or a public
service corporation, in perpetuity or otherwise. For the purposes of
this subdivision an easement may be granted for the connection of a
water main, sewer pipe or other utility line or similar facility
maintained for public use, owned by any public corporation or public
service corporation, which shall be used for or in connection with any
facility occupied, used or serving the program of one of the offices of
the department of mental hygiene as defined in subdivision two-a of
section three of section one of this act. The consideration for the
grant of any such easement may consist of the agreement by the grantee
to maintain the subject utility facility.

e. Nothing contained in paragraphs c and d of this subdivision shall
limit, restrict or affect the authority of the commissioner of general
services under section three of the public lands law.

9. To purchase, receive, lease or otherwise acquire in accordance with
the requirements of article eleven of the state finance law, personal
property necessary and convenient for its corporate purposes, including
the original furnishings, equipment, machinery and apparatus required
for mental hygiene or health facilities upon the completion of work: (i)
in the case of a mental hygiene facility to transfer, sublease or
otherwise make such personal property available to the department of
mental hygiene or to a city or county, in accordance with the terms and
conditions of any agreement with the appropriate commissioner of the
department, the commissioner of general services, such city or county or
the state housing finance agency; (ii) in the case of a health facility
to transfer or otherwise make such personal property available to a
municipality in accordance with the terms and conditions of any
agreement with such municipality, the state housing finance agency or
the state medical care facilities finance agency.

10. To design, construct, acquire, reconstruct, rehabilitate and
improve health facilities, facilities for the department of corrections
and community supervision and mental hygiene facilities, or cause such
facilities to be designed, constructed, acquired, reconstructed,
rehabilitated and improved, in accordance with the provisions of this
act.

11. In connection with such design, construction, acquisition,
reconstruction, rehabilitation and improvement, to install or cause to
be installed water, sewer, gas, electrical, telephone, heating, air
conditioning and other utility services, including appropriate
connections.

12. Subject to the terms and conditions of any lease, sublease, loan
or other financing agreement between the corporation and the state
housing finance agency or the state medical care facilities finance
agency, as the case may be, or between such agency and a municipality,
as the case may be, and in the case of mental hygiene facilities with
the appropriate commissioner of the department, to maintain, repair and
keep up the real property held by it pursuant to this act.

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
determination of the appropriate commissioner of the department, and in
the case of community mental health and developmental disabilities
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 disposition in accordance with law, real
property held by the corporation, provided, however, nothing in this
subdivision shall be deemed to 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 thirty days in advance of the effective date of any conveyance to
the governor, the majority leader of the senate and the speaker of the
assembly. 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
housing 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
development 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.

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
determination of the appropriate commissioner of the department, to make
a mental hygiene facility available under lease, sublease, license or
permit from the corporation to a voluntary agency, or, notwithstanding
the provisions of the public lands law or any other general or special
law to the contrary, to convey the right, title and interest of the
people of the state of New York in and to such facility and the land
appurtenant thereto to such voluntary agency upon such terms and
conditions as shall be provided in an agreement among the appropriate
commissioner of the department, the corporation and such voluntary
agency with the approval of the director of the budget, the comptroller
and the commissioner of any office of the department having programmatic
or fiscal jurisdiction or licensing or certifying authority over that
voluntary agency with respect to the intended use.

13-b. Subject to the terms and conditions of any deed, lease,
sublease, loan or other financing agreement with the state housing
finance agency or the New York state medical care facilities finance
agency, and upon the determination of the appropriate commissioner of
the department of mental hygiene, to sublease as sublessor, in its own
name, mental hygiene facilities leased to the corporation by the New
York state medical care facilities finance agency, and to lease as
lessor real property held by the corporation, upon such terms and
conditions as may be provided in an agreement among the appropriate
commissioner of the department, the corporation, and such sublessee or
lessee, with the approval of the director of the budget, and, where
pertinent, the commissioner of any office of the department having
programmatic or fiscal jurisdiction or licensing or certifying authority
over a voluntary agency or any other sublessee or lessee entity with
respect to the intended use. Such a sublease or lease shall be effective
only after the attorney general or other designated bond counsel
determines, in writing, that it is consistent with all applicable
federal and state laws, rules and regulations, and all deeds, leases,
subleases, loan agreements, financing agreements and bond resolutions
relating to or affected by the premises being sublet or let, and that
such a sublease or lease does not impair the tax-exempt status of
outstanding obligations issued by the housing finance agency or the New
York state medical care facilities finance agency.

13-c. To lease, as lessee, and to sublease, as sublessor, in its own
name, mental hygiene facilities owned or leased by one or more voluntary
agencies that are to be financed, refinanced, designed, constructed,
acquired, reconstructed, rehabilitated and improved under any lease,
sublease, loan or other financing agreement entered into with such
voluntary agencies or the medical care facilities finance agency in
accordance with regulations that shall be promulgated by either one of
the appropriate commissioners or directors of the department and
approved by the director of the budget, which regulations shall require
that any mental hygiene facility owned or leased by a voluntary agency
the design, construction, reconstruction, acquisition, rehabilitation or
improvement of which is to be financed or refinanced in whole or in part
with proceeds of mental health services facilities improvement bonds or
notes issued by the medical care facilities finance agency, and any
other mental hygiene facilities that may be constructed or acquired with
funds realized by or returned to such voluntary agency or jointly to
such voluntary agency and one more voluntary agencies which will operate
such facility as a result of such financing or refinancing, be approved
for financing or refinancing pursuant to this act by the director of the
budget and be operated, while such bonds or notes are outstanding, in a
manner and for purposes pursuant to the mental hygiene law.

13-d. 1. Subject to the terms and conditions of any lease, sublease,
loan or other financing agreement with the medical care facilities
finance agency in accordance with subdivision 13-c of this section, to
make loans to voluntary agencies for the purpose of financing or
refinancing the design, construction, acquisition, reconstruction,
rehabilitation and improvement of mental hygiene facilities owned or
leased by such voluntary agencies provided, however, that with respect
to such facilities which are leased by a voluntary agency, the term of
repayment of such loan shall not exceed the term of such lease including
any option to renew such lease. Notwithstanding any other provisions of
law, such loans may be made jointly to one or more voluntary agencies
which own and one or more voluntary agencies which will operate any such
mental hygiene facility.

2. Subject to the terms and conditions of any lease, sublease, loan or
other financing agreement with the medical care facilities finance
agency, to make grants to voluntary agencies or provide proceeds of
mental health services facilities bonds or notes to the department to
make grants to voluntary agencies or to reimburse disbursements made
therefor, in each case, for the purpose of financing or refinancing the
design, construction, acquisition, reconstruction, rehabilitation and
improvement of mental hygiene facilities owned or leased by such
voluntary agencies.

13-e. To receive from the comptroller state aid payments pledged or
agreed to be paid by any voluntary agency in accordance with any lease,
sublease, loan or other financing agreement entered into with such
voluntary agency. Such pledges may be made from sources of state aid
including but not limited to payments made pursuant to: articles
nineteen, twenty-five and forty-one of the mental hygiene law.

13-f. The executive director of the facilities development corporation
is authorized and empowered to enter into and implement agreements under
which the facilities development corporation may designate the
commissioner of the office of mental health, the commissioner of the
office for people with developmental disabilities, the commissioner of
alcoholism and substance abuse services, with respect to their
respective facilities, as agents for the facilities development
corporation with respect to the financing of voluntary provider
not-for-profit community development, and under which such commissioners
and directors may act as its agent, with respect to any and all duties
for such corporation as set forth and contained in this act. The
commissioners, the directors, and the executive director shall enter
into such agreements, subject to the approval of the director of the
budget, which delineate the respective duties of each party when such
commissioners and directors are designated agents of such corporation.

14. To make and execute contracts and all other instruments or
agreements necessary or convenient for the exercise of its corporate
powers or the fulfillment of its corporate purposes.

15. To engage the services of construction, engineering,
architectural, legal and financial consultants, surveyors and
appraisers, on a contract basis or as employees, for professional
services and technical assistance and advice.

16. To procure insurance against any loss in connection with any
facility in such amounts and from such insurers as it deems desirable.

17. With the consent of the commissioner of health, or the appropriate
commissioner of the department, as the case may be, to use the agents,
employees and facilities of the respective agencies.

18. Subject to the approval of the commissioner of health or the
appropriate commissioner of the department, as the case may be, to apply
for, accept, administer and disburse federal aid.

19. To accept any gifts or grants or loans of funds or property or
financial or other aid in any form from the federal government or any
agency or instrumentality thereof or from the state, including
appropriations, or from any other source, and to comply with the terms
and conditions thereof.

20. To do any and all things necessary or convenient to carry out its
corporate purposes and exercise the powers given and granted it in this
act.