§ 1680. Dormitories at certain educational institutions other thanstate operated institutions and statutory or contract colleges under thejurisdiction of the state university of New York. 1. For all purposes ofthis section sixteen hundred eighty, the term "educational institution"shall mean any of the following:Any institution for higher education, other than a state-operatedinstitution or statutory or contract college under the jurisdiction ofState University of New York, as defined in section three hundred fiftyof the education law, located in this state, and authorized to conferdegrees by law or by the board of regents.
Any non-profit institution or hospital at which the training of nursesis provided by a program approved by the department of education of thestate of New York.
New York Academy of Sciences.
Lincoln Center for the Performing Arts, Incorporated.
Center for the Arts at Ithaca, Incorporated.
Affiliated Colleges and Universities, Inc.
Brookdale Hospital Center.
Albany Medical Center Hospital.
St. Vincent's Hospital and Medical Center of New York.
Mount Vernon Hospital.
Onondaga County Historical Museum.
The department of health of the state of New York.
Columbia Memorial Hospital.
New York Medical College of New York, Incorporated.
Highland Hospital of Rochester, Incorporated.
St. Peter's Hospital of the city of Albany.
Geneva General Hospital.
Optometric Center of New York.
Brookhaven Memorial Association, Incorporated, doing business asBrookhaven Memorial Hospital.
Calvary Hospital, Inc.
A local sponsor as defined by subdivision three of section sixty-threehundred one of the education law, or as defined by subdivision four ofsection sixty-three hundred one of the education law with respect to acommunity college region, a community college regional board oftrustees, or, with respect to locally sponsored community colleges inthe city of New York, the city of New York or the board of education, asthe case may be.
Beth Israel Medical Center.
Our Lady of Lourdes Memorial Hospital, Inc.
St. Francis Hospital, Poughkeepsie.
The Staten Island Hospital.
Carthage Area Hospital, Inc.
Mount Sinai Hospital.
Hospital for Joint Diseases and Medical Center.
Beekman-Downtown Hospital.
Catholic Medical Center of Brooklyn and Queens, Incorporated.
The Clifton Springs Sanitarium Company.
Children's Hospital of Buffalo.
St. Joseph's Hospital Health Center.
General Hospital of Saranac Lake.
The Church Charity Foundation of Long Island.
Buffalo General Hospital.
Crouse-Irving Memorial Hospital, Inc.
Samaritan Hospital of Brooklyn.
Benedictine Hospital.
The Society of the Home for Incurables.
The White Plains Hospital Association.
Misericordia Hospital Medical Center.
The Cornwall Hospital.
Memorial Hospital, Albany, New York.
The Rochester General Hospital.
Our Lady of Victory Hospital of Lackawanna.
Mercy Hospital Association.
The Hebrew Home for the Aged at Riverdale, Inc.
Charles S. Wilson Memorial Hospital.
Aurelia Osborn Fox Memorial Hospital Society.
Retirement Home of Central New York Conference of the United MethodistChurch, Inc.
Gananda educational facilities corporation.
The Trustees of the Jones Fund for the Support of the Poor.
St. Mary's Hospital of Troy.
The Roosevelt Hospital.
Queens Hospital Center of the borough of Queens, city of New York.
A not-for-profit corporation or any political subdivision of the stateof New York or the state of New York to provide facilities for the aged.
Franklin General Hospital.
St. Vincent's Medical Center of Richmond.
Long Island Jewish-Hillside Medical Center.
Eastman Dental Center.
United Hospital.
The Brooklyn Educational and Cultural Alliance (B.E.C.A.) when and ifincorporated by the Board of Regents of the University of the state ofNew York.
St. Mary's Hospital at Amsterdam.
The New York Public Library, Astor, Lenox and Tilden Foundations.
The Village Nursing Home, Inc.
The Elizabeth A. Horton Memorial Hospital.
The Community Hospital of Brooklyn, Inc.
Putnam Community Hospital.
Lawrence Hospital.
The New Rochelle Hospital Medical Center.
Methodist Hospital, Brooklyn.
Maimonides Medical Center.
Lutheran Medical Center, Brooklyn.
The Faxton Hospital in the city of Utica.
Booth Memorial Medical Center, Queens, New York.
New York Blood Center, Inc.
South Nassau Communities Hospital, in Oceanside, New York.
Montefiore Hospital and Medical Center.
The Saratoga Hospital.
St. Joseph's Hospital, Yonkers, New York.
St. Elizabeth's Hospital at Utica.
Arden Hill Hospital, Goshen, New York
St. Luke's Hospital of Newburgh, New York.
Vassar Brothers Hospital
The Nyack Hospital, North Midland Avenue, Nyack, New York.
Yonkers General Hospital.
Nassau Hospital, Mineola, Long Island, New York.
Manhattan Eye, Ear and Throat Hospital.
Sheehan Memorial Emergency Hospital, Buffalo.
Good Samaritan Hospital, West Islip, New York.
The Community Hospital at Glen Cove.
Flushing Hospital and Medical Center.
Cortland Memorial Hospital.
St. John's Riverside Hospital at Yonkers.
The Moses Ludington Hospital.
Jamaica Hospital of Jamaica, New York
Ellis Hospital, Schenectady, New York.
Society of New York Hospital.
Jewish Board of Family and Children's Services, Inc.
Dobbs Ferry Hospital, Dobbs Ferry, New York.
New York state teachers' retirement system.
The Metropolitan Museum of Art
F.I.T. student housing corporation.
Community Memorial Hospital, Inc., Hamilton, New York.
The College Entrance Examination Board.
Museum of American Folk Art.
The Human Resources Center.
The Museums at Stony Brook.
Memorial Sloan-Kettering Cancer Center.
Associated Universities, Inc.
New York Zoological Society
The New York Foundling Charitable Corporation.
International House, Inc.
New York State Association for Retarded Children, Inc., Albany CountyChapter.
March of Dimes Birth Defects Foundation.
YM and YWHA of Mid-Westchester of the Associated YM-YWHA's of GreaterNew York.
Association for the Help of Retarded Children, Suffolk Chapter.
New York Society for the Deaf.
Hillside Children's Center
United Way of Tri-State, Inc.
New Dimensions in Living, Inc.
Associated Residential Centers, Inc.
Snug Harbor Cultural Center, Inc.
The National Center for the Study of Wilson's Disease, Inc.
The Westchester School for Special Children, Westchester County.
The Devereux Foundation for the financing, construction and equippingof facilities subject to the approval of the commissioner of education,the commissioner of social services and the commissioner of the officefor people with developmental disabilities for a residential andeducational program for children with handicapping conditions, as suchterm is defined in subdivision one of section forty-four hundred one ofthe education law, including, but not limited to, those students whowere publicly placed at the Rhinebeck Country School during the nineteenhundred eighty-six--eighty-seven school year and in the furtherance ofthe state's overall goal of reducing the number of children withhandicapping conditions requiring out-of-state placements: nothing inthe foregoing shall be deemed to authorize The Devereux Foundation toapply any funds or credits obtained pursuant to this section toward thefinancing, construction or equipping of facilities on any other propertyor properties it presently owns or controls or owns or controls in thefuture.
New Hope Community, Inc., a not-for-profit corporation, for thefinancing, construction and development of residences for adults with adevelopmental disability on forty acres of land purchased from Leon andDave Scharf, d.b.a. New Hope Rehabilitation Center, located on StateRoute 52 in the Town of Fallsburg, to replace existing residentialfacilities operated by New Hope Rehabilitation Center.
For the financing, construction, reconstruction, improvement,renovation of or otherwise provided for United Cerebral Palsy of NewYork City, Inc., for (1) an intermediate care facility for thedevelopmentally disabled at Avenue S and Lake Street, Brooklyn; (2) apre-school program service facility at Mason and Seaview Avenues, StatenIsland; (3) a children and adult program service facility at StillwellAvenue, Bronx; (4) a children and adult program service facility atLawrence Avenue, Brooklyn; (5) a pre-school program service building atLawrence Avenue, Brooklyn; (6) an adult program service building at PortRichmond Avenue, Staten Island; (7) children's program services buildingat Lawrence Avenue, Brooklyn; and for the leasehold improvements toManhattan and adult programs services sites.
Special act school districts listed in chapter five hundred sixty-sixof the laws of nineteen hundred sixty-seven, as amended.
State-supported schools for the instruction of deaf and blind studentsand children with other handicapping conditions pursuant to articleeighty-five of the education law and chapter one thousand sixty of thelaws of nineteen hundred seventy-four.
The education department of the state of New York, including the NewYork state school for the blind, the New York state school for the deaf,and schools established by the commissioner of education pursuant tosection forty-one hundred one of the education law, for facilitiesowned, operated by, or provided by the state for the use of, theeducation department of the state of New York, including, but notlimited to, the premises commonly known as the education departmentbuilding, located at 89 Washington Avenue in the city of Albany, NewYork, the New York state school for the blind, located at RichmondAvenue in the city of Batavia, New York, the New York state school forthe deaf, located at 401 Turin Street in the city of Rome, New York,schools established by the commissioner of education pursuant to theprovisions of subdivision one of section four thousand one hundred oneof the education law, and the premises commonly known as the culturaleducation center located in the empire state plaza in the city ofAlbany, New York, and attendant and related facilities.
Vesta Community Housing Development Board, Inc. of Altamont for thefinancing, construction and equipping of facilities for personsrecovering from an addiction to alcohol or a controlled substance.
The Utica College Foundation, for the financing, refinancing,reimbursem*nt and development of student dormitory and academicfacilities at its Utica campus, including Burrstone House to serve as adormitory for students residing at the college; provided, however, thatthe aggregate sum of such issuance of bonds shall not exceed thirty-fivemillion dollars.
Gateway Youth and Family Services for the financing, construction anddevelopment of new facilities for a diagnostic and evaluation programand a pre-independent living program, and to expand existing facilitiesin a special education school on real property located on Main Street,Williamsville, county of Erie.
Orleans County Chapter-New York State Association for RetardedChildren, Inc. for the financing, construction and development, of apreschool facility and necessary ancillary and related facilities inOrleans county to replace the existing preschool facility now operatedby the Orleans County Chapter-New York State Association for RetardedChildren, Inc. at 151 Platt Street, Albion, N.Y. 14411.
New York State Association for Retarded Children, Inc., for thefinancing, construction and development, of a preschool facility andnecessary ancillary and related facilities in Westchester county toreplace the existing preschool facilities now operated by the New YorkState Association for Retarded Children, Inc., Westchester CountyChapter at 12 Green Street, Mt. Kisco, New York and 50 WashingtonAvenue, New Rochelle, New York.
New York State Association for Retarded Children,Inc.-Livingston-Wyoming County Chapter for the financing, acquisitionand rehabilitation, of a preschool facility and necessary ancillary andrelated facilities in Livingston county to expand existing preschoolfacilities now operated by the New York State Association for RetardedChildren, Inc.-Livingston-Wyoming County Chapter located at 18 MainStreet, Mount Morris, N.Y. 14510.
New York Association for the Learning Disabled, Capital DistrictChapter, Inc., renamed Wildwood Programs, Inc., for the acquisition,financing, refinancing, construction, reconstruction, improvement,renovation, development, expansion, furnishing, equipping or otherwiseproviding for facilities for Wildwood Programs, Inc.
AMDA INC./The American Musical and Dramatic Academy, for thefinancing, refinancing, reimbursem*nt and development of a dormitory forstudents residing at the academy and an academic facility.
Private not-for-profit schools.
For the financing, construction, reconstruction, improvement,renovation of or otherwise provide for United Cerebral Palsy ofWestchester County, Inc., for (1) a twelve bed intermediate carefacility for the developmentally disabled and (2) for expansion of theday program service facility at Rye Brook, New York. Notwithstanding anyother provision of law, United Cerebral Palsy of Westchester County,Inc. shall have full power and authority to assign and pledge to theauthority any and all public funds to be apportioned or otherwise madepayable by the state, a political subdivision, as defined in section onehundred of the general municipal law, or any social services district inthe state in an amount sufficient to make all payments required to bemade by United Cerebral Palsy of Westchester County, Inc. pursuant toany lease, sublease or other agreement entered into between suchorganization and the authority. All state and local officers are herebyauthorized and required to pay all such funds so assigned and pledged tothe authority or upon the direction of the authority, to any trustee ofany authority bond or note issued pursuant to a certificate filed withany such state or local officer by the authority pursuant to theprovisions of this paragraph. No agreement or lease by United CerebralPalsy of Westchester County, Inc. shall be effective unless and until itis approved by or on behalf of the commissioners of the various stateagencies that have jurisdiction over the project.
Hospice, Buffalo, for the financing, construction and development ofnew and renovated facilities for the care and treatment of terminallyill individuals.
The National Sports Academy at Lake Placid, for the financing,refinancing, reimbursem*nt and development of a dormitory for studentsresiding at the academy and an academic facility.
Ferncliff Manor as a not-for-profit residential school servingchildren who are severely mentally disabled and medically involved, whowill also on a not-for-profit basis operate an intermediate carefacility, for the financing, construction, reconstruction, improvement,renovation and development of five twelve bed dormitories in WestchesterCounty for such children, subject to the approval of the commissionersof education, social services, and the office for people withdevelopmental disabilities, and subject further to the approval of thedirector of the budget as to project need and project cost. Except tothe extent otherwise prohibited by law, Ferncliff Manor shall have fullpower and authority to assign and pledge to the authority, together withany pledge of its own assets and other income, any and all public fundsto be apportioned or otherwise made payable by the state, a politicalsubdivision, as defined in section one hundred of the general municipallaw, or any social services district in the state in an amountsufficient to make all payments required to be made by Ferncliff Manorpursuant to any lease, sublease or other agreement entered into betweenFerncliff Manor and the authority. All state and local officers arehereby authorized and required to pay all such funds so assigned andpledged to the authority or upon the direction of the authority, to anytrustee of any authority bond or note issued pursuant to a certificatefiled with any such state or local officer by the authority pursuant tothe provisions of this section. No agreement or lease by Ferncliff Manorshall be effective unless and until it is approved by or on behalf ofthe commissioners of education, social services, and the office forpeople with developmental disabilities, and subject further to theapproval of the director of the budget as to project need and projectcost.
The Leake and Watts Children's Home (Incorporated), Yonkers, New Yorkfor the financing, construction, reconstruction, improvement, renovationor otherwise for (1) a new school building for the junior high and highschool vocational programs including a field house; (2) a new children'scottage and renovation and reconstruction of eight existing children'scottages to provide more efficient heating and cooling systems, moresecure supervision and to increase the number of beds; (3) renovationand reconstruction of the main building to provide new electrical andplumbing systems and internal rehabilitation; and (4) renovation andreconstruction of the old school building for multiple use; subject tothe approval of the commissioners of education, social services and theoffice for people with developmental disabilities, and subject furtherto the approval of the director of the budget including as to projectneed and project cost. Notwithstanding any other provision of law, TheLeake and Watts Children's Home (Incorporated) shall have full power andauthority to assign and pledge to the authority, together with any otherassets so pledged, any and all property rights to, and propertyinterests in, any and all public funds to be apportioned or otherwisemade payable by the state, a political subdivision, as defined insection one hundred of the general municipal law, or any social servicesdistrict in the state in an amount sufficient to make all paymentsrequired to be made by The Leake and Watts Children's Home(Incorporated) pursuant to any lease, sublease or other agreemententered into between The Leake and Watts Children's Home (Incorporated)and the authority. All state and local officers are hereby authorizedand required to pay all such funds so assigned and pledged to theauthority or upon the direction of the authority, to any trustee of anyauthority bond or note issued pursuant to a certificate filed with anysuch state or local officer by the authority pursuant to the provisionsof this section. No lease, sublease or other agreement by The Leake andWatts Children's Home (Incorporated) shall be effective unless and untilit is approved by or on behalf of the commissioners of education, socialservices and the office for people with developmental disabilities andsubject further to the approval of the director of the budget includingas to project need and project cost.
Oxford University and the Oxford University Press, Incorporated; oreither of them for the financing, acquisition, construction,reconstruction, renovation and rehabilitation of facilities to belocated at thirty-fourth street and Madison avenue in the borough ofManhattan, in the city of New York.
Berkshire Farm Center and Services for Youth, Canaan, New York for thefinancing, construction, reconstruction, improvement, renovation,equipping or otherwise providing for a dining facility on the existingcampus of Berkshire Farm Center and Services for Youth in Canaan, NewYork.
Notwithstanding any other provision of law, Berkshire Farm Center andServices for Youth shall have full power and authority to assign andpledge to the dormitory authority, any and all public funds to beapportioned or otherwise made payable by the state, a politicalsubdivision, as defined in section one hundred of the general municipallaw, or any social services district in the state in an amountsufficient to make all payments required to be made by Berkshire FarmCenter and Services for Youth pursuant to any lease, sublease or otheragreement entered into between Berkshire Farm Center and Services forYouth and the dormitory authority. All state and local officers arehereby authorized and required to pay all such funds so assigned andpledged to the dormitory authority or upon the direction of thedormitory authority, to any trustee of any dormitory authority bond ornote issued pursuant to a certificate filed with any such state or localofficer by the dormitory authority pursuant to the provisions of thissection.
A public library.
South Street Seaport Museum, Inc.
United Cerebral Palsy Association of the Capital District, Inc., forthe financing, construction, reimbursem*nt, and development ofresidences and program facilities on lands owned by the Center, atlocations within Albany county.
Phoenix House Foundation, Inc., New York, New York, for theacquisition, financing, refinancing, construction, reconstruction,renovation, development, improvement, expansion and equipping offacilities, excluding general hospitals as defined in articletwenty-eight of the public health law, located in the county of NewYork, or at sites owned, leased or operated by Phoenix House at thefollowing locations: 34-01, 34-11 and 34-25 Vernon Boulevard, LongIsland City, New York; 480 East 185th Street and 2329 Bassford Avenue,Bronx, New York; 43-44 and 46-50 Jay Street, Brooklyn, New York; andShrub Oak, Westchester county, New York; for the provision of drug abuseprevention and treatment, medical, psychiatric and clinic services,excluding those services provided by a general hospital as defined inarticle twenty-eight of the public health law, remedial education,secondary education, vocational training and recreational facilities foradolescent and adult substance and polysubstance abusers, mentally illchemical abusers, and their families, and related administrative andsupport services.
Notwithstanding any other provision of law, Phoenix House Foundation,Inc. shall have full power and authority to assign and pledge to thedormitory authority, any and all public funds to be apportioned orotherwise made payable by the state, a political subdivision, as definedin section one hundred of the general municipal law, or any socialservices district in the state in an amount sufficient to make allpayments required to be made by Phoenix House Foundation, Inc. pursuantto any lease, sublease or other agreement entered into between PhoenixHouse Foundation, Inc. and the dormitory authority. All state and localofficers are hereby authorized and required to pay all such funds soassigned and pledged to the dormitory authority or, upon the directionof the dormitory authority, to any trustee of any dormitory authoritybond or note issue, pursuant to a certificate filed with any such stateor local officer by the dormitory authority pursuant to the provisionsof this section.
Irish American Heritage Museum.
The Crown Heights Jewish Community Council, Inc. a not-for-profitcorporation, for the financing, refinancing, acquisition, construction,reconstruction, renovation, rehabilitation of, furnishing, equipping andotherwise providing for buildings to serve as a dormitories for studentsenrolled in various professional or post-secondary educationalinstitutions.
The Rosalind and Joseph Gurwin Jewish Geriatric Center of Long Island,Inc., a not-for-profit corporation, for the financing, refinancing,construction, reconstruction, furnishing, equipping, improvement,renovation or otherwise providing for facilities to serve the aged,disabled and chronically impaired persons.
Staten Island Institute of Arts & Sciences.
The DePaul Group, Inc. and its affiliates and subsidiaries, for theacquisition, financing, refinancing, construction, reconstruction,renovation, development, improvement, expansion and equipping of certaineducational, administrative and residential facilities, to be located inthe state of New York.
Notwithstanding any other provision of law, the DePaul Group, Inc. andits affiliates and subsidiaries shall have full power and authority toassign and pledge to the dormitory authority, any and all public fundsto be apportioned or otherwise made payable by the state, a politicalsubdivision, as defined in section one hundred of the general municipallaw, or any social services district in the state in an amountsufficient to make all payments required to be made by the DePaul Group,Inc. pursuant to any lease, sublease or other agreement entered intobetween the DePaul Group, Inc. and the dormitory authority. All stateand local officers are hereby authorized and required to pay all suchfunds so assigned and pledged to the dormitory authority or, upon thedirection of the dormitory authority, to any trustee of any dormitoryauthority bond or note issue, pursuant to a certificate filed with anysuch state or local officer by the dormitory authority pursuant to theprovisions of this section.
University Heights Association, Inc.
Little Flower Children's Services of New York, Brooklyn, New York forthe financing, construction, reconstruction, improvement, renovation,equipping or otherwise providing for four residential facilities forlearning disabled children, subject to the approval of the commissionersof education and social services and subject further to the approval ofthe director of the budget as to project need and project cost.Notwithstanding any other provision of law, Little Flower Children'sServices of New York shall have full power and authority to assign andpledge to the authority, any and all public funds to be apportioned orotherwise made payable by the state, a political subdivision, as definedin section one hundred of the general municipal law, or any socialservices district in the state in an amount sufficient to make allpayments required to be made by Little Flower Children's Services of NewYork pursuant to any lease, sublease or other agreement entered intobetween Little Flower Children's Services of New York and the authority.All state and local officers are hereby authorized and required to payall such funds so assigned and pledged to the authority, or upon thedirection of the authority, to any trustee of any authority bond or noteissued pursuant to a certificate filed with any such state or localofficer by the authority pursuant to the provisions of this section. Nolease, sublease or other agreement by Little Flower Children's Servicesof New York shall be effective unless and until it is approved by or onbehalf of the commissioners of education and social services and furtherapproved by the director of the budget as to project need and projectcost.
The Roswell Park Cancer Institute corporation and its subsidiarycorporations.
The department of audit and control of the state of New York.
The New York state and local employees' retirement system.
The New York state and local police and fire retirement system.
The office of general services of the state of New York.
Harlem Dowling-West Side Center for Children and Family Services, anot-for-profit corporation, for the financing, refinancing,construction, reconstruction, furnishing, equipping, improvement,renovation or otherwise providing for facilities to serve and assistchildren and their families in crisis and distress.
Yeshiva Beis Leivy.
Roberson Memorial, Inc., doing business as Roberson Museum and ScienceCenter.
* Not-for-profit members of the New York State RehabilitationAssociation and the New York Alliance for Inclusion and Innovation andany successor in interest to any such organization, for the acquisition,financing, refinancing, construction, reconstruction, renovation,development, improvement, expansion and equipping of certaineducational, administrative, residential, clinical, day programming, jobtraining and workforce development facilities to be located in the stateof New York.
Notwithstanding any other provision of law, not-for-profit members ofthe New York State Rehabilitation Association and the New York Alliancefor Inclusion and Innovation and any successor in interest to any suchorganization, with the concurrence of the applicable association shallhave full power and authority to assign and pledge to the dormitoryauthority, any and all public funds to be apportioned or otherwise madepayable by the United States, any agency thereof, the state, any agencythereof to the extent permitted by law, a political subdivision, asdefined in section one hundred of the general municipal law, any socialservices district in the state or any other governmental entity in anamount sufficient to make all payments required to be made by suchmembers pursuant to any lease, sublease or other agreement entered intobetween such members and the dormitory authority. All state and localofficers are hereby authorized and required to pay all such funds soassigned and pledged to the dormitory authority or, upon the directionof the dormitory authority, to any trustee of any dormitory authoritybond or note issue, pursuant to a certificate filed with any such stateor local officer by the dormitory authority pursuant to the provisionsof this section. The New York State Rehabilitation Association'sresponsibilities and the responsibilities of the New York Alliance forInclusion and Innovation and any successor in interest to any suchorganization, in relation to any lease, sublease, or other agreementbetween the dormitory authority and the applicable association's membersshall include, but not be limited to, coordinating and facilitating anyrequired financial disclosure and any other matters heretofore orhereafter deemed necessary or appropriate.
* NB Repealed December 31, 2028
* NYSARC, Inc. for the acquisition, financing, refinancing,construction, reconstruction, renovation, development, improvement,expansion, and equipping of clinical, day programming and residentialfacilities and necessary ancillary and related facilities throughout thestate.
* NB Repealed December 31, 2028
* Notwithstanding any other provision of law, NYSARC, Inc. shall havefull power and authority to assign and pledge to the dormitory authorityany and all public funds to be appropriated, apportioned or otherwisemade payable by the federal government, any agency thereof, the state ofNew York, a political subdivision, as defined in section one hundred ofthe general municipal law, or any social services district in the stateof New York in an amount sufficient to make all payments required to bemade by such entity pursuant to any necessary or useful agreemententered into between such entity and the dormitory authority.
* NB Repealed December 31, 2028
* All state and local officers are hereby authorized and required topay all such funds so assigned and pledged to the dormitory authorityor, upon the direction of the dormitory authority, to any trustee of anydormitory bond or note issued pursuant to a certificate filed with anysuch state or local officer by the dormitory authority pursuant to theprovisions of this subdivision.
* NB Repealed December 31, 2028
Educational Housing Services Inc., a not-for-profit corporation, forthe acquisition, financing, refinancing, construction, reconstruction,renovation, development, improvement, expansion, and equipping ofhousing for students and/or faculty at institutions of higher educationlocated within the five boroughs of the city of New York and Westchestercounty either directly or by creation of a wholly-owned not-for-profitsubsidiary corporation or controlled corporations, limited liabilitycompanies, or partnerships that are not subject to federal incometaxation (except with respect to any unrelated business income).
* Terence Cardinal Cooke Health Care Center for the financing,refinancing, construction, reconstruction, renovation, development,improvement, expansion, and equipping of facilities to serve aged,disabled, and chronically impaired, and persons who have a developmentaldisability.
Notwithstanding any other provision of law, Terence Cardinal CookeHealth Care Center shall have full power and authority to assign andpledge to the dormitory authority any and all public funds to beappropriated, apportioned or otherwise made payable by the federalgovernment, any agency thereof, the state of New York, a politicalsubdivision, as defined in section one hundred of the general municipallaw, or any social services district in the state of New York in anamount sufficient to make all payments required to be made by suchentity pursuant to any necessary or useful agreement entered intobetween such entity and the dormitory authority.
All state and local officers are hereby authorized and required to payall such funds so assigned and pledged to the dormitory authority or,upon the direction of the dormitory authority, to any trustee of anydormitory bond or note issued pursuant to a certificate filed with anysuch state or local officer by the dormitory authority pursuant to theprovisions of this subdivision.
* NB Repealed December 31, 2028
United States Military Academy for the purpose of providingconstruction related services in connection with the construction,reconstruction, improvement, renovation, development or expansion offacilities owned by the United States Military Academy located at WestPoint, New York.
The Helen Keller National Center for Deaf-Blind Youths and Adults, anot-for-profit corporation located in Sands Point, New York, for theacquisition, financing, refinancing, construction, reconstruction,renovation, development, improvement, expansion and equipping offacilities.
The Green Chimneys Children's Services, Inc., Brewster, New York forthe financing, refinancing, construction, reconstruction, improvement,renovation, equipping or otherwise for new children's cottages.Notwithstanding any other provision of law, The Green ChimneysChildren's Services, Inc. shall have full power and authority to assignand pledge to the authority any and all public funds to be apportionedor otherwise made payable by the state, a political subdivision, asdefined in section one hundred of the general municipal law, or anysocial services district in the state in an amount sufficient to makeall payments required to be made by The Green Chimneys Children'sServices, Inc. pursuant to any lease, sublease or other agreemententered into between The Green Chimneys Children's Services, Inc. andthe authority. All state and local officers are hereby authorized andrequired to pay all such funds so assigned and pledged to the authorityor upon the direction of the authority, to any trustee of any authoritybond or note issued pursuant to a certificate filed with any such stateor local officer by the authority pursuant to the provisions of thissection. No agreement or lease by The Green Chimneys Children'sServices, Inc. shall be effective unless and until it is approved by oron behalf of the commissioners of the various state agencies that havejurisdiction over the project.
The state university construction fund or any other public or privateentity in connection with financing, refinancing, acquisition, design,construction, reconstruction, rehabilitation, improvement, furnishingand equipping of or otherwise providing for, a pharmaceutical research,development, which may also include a manufacturing facility at thestate university of New York college of technology at Farmingdale. Theauthority shall exercise only those powers or duties set forth in thissection as shall be set forth in an agreement by and between the stateuniversity construction fund, the authority and any such public orprivate entity.
MSMC realty corporation, a support organization of the Mount Sinaihospital, Mount Sinai school of medicine of the city university of NewYork and the Mount Sinai medical center, inc. (collectively, "MountSinai"), for the purpose of providing facilities and equipment for MountSinai. As used in this paragraph and for purposes of chapter fivehundred fifty-four of the laws of nineteen hundred ninety-nine, MSMCRealty Corporation shall be deemed to include any other entity createdby MSMC Realty Corporation or Mount Sinai for the purpose of enteringinto an agreement with the dormitory authority pursuant to thisparagraph.
Notwithstanding any other provision of law, MSMC realty corporationshall have full power and authority to assign and pledge to thedormitory authority any and all public funds to be appropriated,apportioned or otherwise made payable by the federal government, anyagency thereof, the state of New York, a political subdivision, asdefined in section one hundred of the general municipal law, or anysocial services district in the state of New York in an amountsufficient to make all payments required to be made by such entitypursuant to any necessary or useful agreement entered into between suchentity and the dormitory authority.
All state and local officers are hereby authorized and required to payall such funds so assigned and pledged to the dormitory authority or,upon the direction of the dormitory authority, to any trustee of anydormitory authority bond or note issue pursuant to a certificate filedwith any such state or local officer by the dormitory authority pursuantto the provisions of this subdivision.
The state university construction fund or any other public or privateentity in connection with financing, refinancing, acquisition, design,construction, reconstruction, rehabilitation, improvement, furnishingand equipping of or otherwise providing for approved university-relatedeconomic development projects authorized by section three hundredseventy-two-a of the education law. The authority shall exercise onlythose powers or duties set forth in this section as shall be set forthin an agreement by and between the state university construction fund,the authority and any such public or private entity.
The Capital District YMCA and related branches, administrative officesand satellite facilities located in New York state including: AlbanyYMCA, Camp Chingachgook, Guilderland YMCA, Parkside Family YMCA,Schenectady YMCA, Southern Saratoga YMCA, Troy Family YMCA and anysuccessor in interest to any such organization for the financing and/orrefinancing of the acquisition, construction, reconstruction,renovation, development, improvement, expansion and/or equipping of afacility or facilities and necessary ancillary and related facilities,provided that the aggregate amount of any bonds issued for such purposeshall not exceed two million dollars ($2,000,000).
UCPA of the Capital District, Inc., UCPA of Cayuga County, Inc.,United Cerebral Palsy and Handicapped Children's Association of ChemungCounty, Inc., Finger Lakes United Cerebral Palsy, Inc., United CerebralPalsy Associations of Fulton and Montgomery Counties, Inc., UnitedCerebral Palsy Association of the Tri-Counties, Inc., Franziska RackerCenters, Inc., United Cerebral Palsy Association of Nassau County, Inc.,United Cerebral Palsy of New York City, Inc., United Cerebral PalsyAssociation of Niagara County, Inc., Orange County Cerebral PalsyAssociation, Inc., United Cerebral Palsy of Queens, Inc., UnitedCerebral Palsy Association of the Rochester Area, Inc., Jawonio, Inc.,The Handicapped Children's Association of Southern New York, Inc.,United Cerebral Palsy Association of Greater Suffolk, Inc., SDTC - TheCenter for Discovery, Inc., United Cerebral Palsy and HandicappedChildren's Association of Syracuse, Inc., United Cerebral Palsy ofUlster County Inc., United Cerebral Palsy and Handicapped Person'sAssociation of the Utica Area, Inc., United Cerebral Palsy Associationof Westchester, Inc. and Unified Creative Programs, Inc., UnitedCerebral Palsy Association of Western New York, Inc., United CerebralPalsy Association of Putnam and Southern Dutchess Counties, Inc., UnitedCerebral Palsy Association of the North Country, Inc., United CerebralPalsy Associations of New York State, Inc., any not-for-profitaffiliates or members of Cerebral Palsy Associations of New York State,Inc., and any successor in interest to any such organization for thefinancing and/or refinancing of the acquisition, construction,reconstruction, renovation, development, improvement, expansion and/orequipping of a facility or facilities and necessary ancillary andrelated facilities throughout the state of New York, includingeducational, residential, administrative, clinical, and day programmingfacilities used in the provision of services to individuals withdisabilities.
The university at Albany foundation, or an associated not-for-profitcorporation controlled by the university at Albany foundation which hasbeen formed or is formed within one year of the effective date of thisparagraph, for the purpose of financing or refinancing the acquisition,design, construction, reconstruction, rehabilitation, improvement,furnishing and equipping of, or otherwise providing for a facility toserve as an incubator and research facility located at the East Campusof the university at Albany, provided that the amount of any bondsissued for such purpose shall not exceed twelve million dollars($12,000,000); and Fuller road management corporation, for the purposeof financing or refinancing the design, construction, improvement,furnishing and equipping of incubator and research facilities at thecenter for environmental sciences and technology management, providedthat the amount of any bonds issued for such purpose shall not exceedten million dollars ($10,000,000), and provided, further, that any suchborrowing and such projects shall have been approved by the stateuniversity of New York.
Baker Hall, Lackawanna, New York for the financing, acquisition,construction, reconstruction, renovation and improvement for facilitiesin Lackawanna, New York. Notwithstanding any other provision of law,Baker Hall, Lackawanna, New York shall have full power and authority toassign and pledge to the authority any and all public funds to beapportioned or otherwise made payable by the state, a politicalsubdivision, as defined in section one hundred of the general municipallaw, or any social services district in the state in an amountsufficient to make all payments required to be made by Baker Hall,Lackawanna, New York pursuant to any lease, sublease or other agreemententered into between Baker Hall, Lackawanna, New York and the authority.All state and local officers are hereby authorized and required to payall such funds so assigned and pledged to the authority or upon thedirection of the authority, to any trustee of any authority bond or noteissued pursuant to a certificate filed with any such state or localofficer by the authority pursuant to the provisions of this section. Noagreement or lease by Baker Hall, Lackawanna, New York shall beeffective unless and until it is approved by or on behalf of thecommissioners of the various state agencies that have jurisdiction overthe project.
The Abyssinian Cultural Building Corporation, a New Yorknot-for-profit corporation, with respect to the financing and/orrefinancing of the acquisition, design, construction, reconstruction,rehabilitation, improvement, furnishing, purchasing and equipping of, orotherwise providing for, an educational facility for the ThurgoodMarshall Academy for Learning and Social Change to be leased to the NewYork city school construction authority or to the board of education ofthe city school district of the city of New York for school purposes;provided that the aggregate amount of bonds issued by the dormitoryauthority issued for the Abyssinian Cultural Building Corporation shallnot exceed thirty million dollars ($30,000,000). In furtherance of theaforesaid purposes and notwithstanding any other provision of law, thefollowing provisions shall apply:
(i) The Abyssinian Cultural Building Corporation shall have full powerand authority to assign and pledge to the dormitory authority any andall funds payable to it by the New York city school constructionauthority or the board of education of the city school district of thecity of New York pursuant to any lease entered into by and between theAbyssinian Cultural Building Corporation and the New York city schoolconstruction authority or the board of education of the city schooldistrict of the city of New York;
(ii) The New York city school construction authority or the board ofeducation of the city school district of the city of New York is herebyauthorized to pay all lease payments assigned and pledged by theAbyssinian Cultural Building Corporation pursuant to subparagraph (i) ofthis paragraph to the dormitory authority or, upon direction of thedormitory authority, to any trustee of any bonds issued by theauthority;
(iii) Any lease by and between the Abyssinian Cultural BuildingCorporation and the New York city school construction authority or theboard of education of the city school district of the city of New Yorkrelating to an educational facility for the Thurgood Marshall Academyfor Learning and Social Change shall provide that the obligation of theschool district to make annual lease payments to the Abyssinian CulturalBuilding Corporation or to the dormitory authority shall not constitutea debt of the city of New York within the meaning of any constitutionalor statutory provision and shall be deemed executory only to the extentof moneys made available to the New York city school constructionauthority or the board of education of the city school district of thecity of New York, and that no liability on account thereof shall beincurred by the New York city school construction authority or the boardof education of the city school district of the city of New York beyondthe moneys available for the purpose thereof;
(iv) Any lease by and between the Abyssinian Cultural BuildingCorporation and the New York city school construction authority or theboard of education of the city school district of the city of New Yorkshall not be deemed to be an installment purchase contract, contract forpublic work or purchase contract within the meaning of article five-A ofthe general municipal law or any other law; and
(v) No agreement of lease by the Abyssinian Cultural BuildingCorporation pursuant to this paragraph shall be effective unless, anduntil, it is approved by the board of education and the chancellor ofthe city school district of the city of New York.
Any school district in the state with respect to the financing orrefinancing of all or a portion of school district capital facilitiesand school district capital equipment for such school districtsprovided, however, that financing of such projects shall be limited tofinancing of projects eligible for an apportionment pursuant tosubparagraph three of paragraph e of subdivision six of sectionthirty-six hundred two of the education law.
A qualified zone academy located in a city having one hundredtwenty-five thousand or more inhabitants for the purpose of issuingqualified zone academy bonds in accordance with section 1397E of theinternal revenue code, as the same may be amended. In connection withthe issuance of qualified zone academy bonds as aforesaid andnotwithstanding any other provision of the law to the contrary, thefollowing provisions shall apply:
(1) The dormitory authority and a city acting on behalf of a cityschool district in a city having one hundred twenty-five thousand ormore inhabitants shall each be empowered and authorized to enter into alease, sublease or other agreement pursuant to which the dormitoryauthority may finance the rehabilitation or repair of a school facility,the provision of equipment for use at such facility, or any otherexpenditure in connection with such facility which would be a "qualifiedpurpose" as defined in section 1397E of the internal revenue code,provided that such financing shall be for such projects contained withinthe city school district's approved application to the state educationdepartment for projects pursuant to section 1397E of the internalrevenue code and, if applicable, is included in the city schooldistrict's five year capital facilities plan pursuant to the applicableprovisions of section twenty-five hundred ninety-p and subdivision sixof section thirty-six hundred two of the education law. Such lease,sublease or other agreement may provide for annual or other payments tothe dormitory authority by or on behalf of the city school district andmay contain such other terms and conditions as may be agreed upon by theparties thereto, including, but not limited to, the establishment ofreserve funds and indemnities.
(2) In a city school district of a city having a population of onehundred twenty-five thousand or more, no lease, sublease or otheragreement entered by such city on behalf of the board of education ofsuch city school district pursuant to the provisions of this paragraphshall be effective unless, and until, it is approved by the board ofeducation of such city school district and the mayor of such city.
(3) Any such lease, sublease or other agreement entered into pursuantto this paragraph may provide that the provisions thereof shall remainin force and effect until the bonds, notes or other obligations of thedormitory authority are no longer outstanding, together with interest onany unpaid installments of interest and the fees and expenses of thedormitory authority, are fully met and discharged, and any payments tobe made by a city on behalf of the city school district to the dormitoryauthority may be pledged to secure such bonds.
(4) (i) In the event of the failure in whole or in part of a city tomake payments when due pursuant to any lease, sublease or otheragreement entered into pursuant to this paragraph, the dormitoryauthority shall forthwith make and deliver to the state comptroller, acertificate stating the amount of the payment required to have been madeby the city, the amount paid by the city and the amount remaining unpaidby the city. The state comptroller shall, in accordance with theprovisions of section ninety-nine-b of the state finance law, pay to thedormitory authority not later than thirty days after the certificateshall have been filed by the dormitory authority with the statecomptroller the amount set forth in such certificate as remainingunpaid.
(ii) For purposes of section ninety-nine-b of the state finance lawand notwithstanding the provisions of any general or special law to thecontrary, the following shall apply in connection with any certificatefiled by the dormitory authority pursuant to this subparagraph: (A) allleases, subleases or other agreements entered into by and between a citypursuant to this subdivision shall be deemed "bonds or notes issued forschool district purposes"; (B) the certificate filed by the dormitoryauthority with the state comptroller as provided herein shall be deemedto be a "verified statement" of "the holder or owner of a bond or note"of the city; (C) the dormitory authority, or the trustee for the holdersof any bonds issued by the dormitory authority, shall be deemed to bethe "paying agent"; and (D) the amount payable by the state comptrollerto the dormitory authority shall include principal, interest and otheramounts payable to the dormitory authority under any lease, sublease orother agreement.
The NDC housing and economic development corporation and itsaffiliates for the financing, refinancing, acquisition, design,construction, reconstruction, renovation, rehabilitation, improvement,expansion, furnishing and equipping of, or otherwise providing for onebuilding to be located at 160 East 24th Street, New York, N.Y. to serveas a dormitory for students attending institutions of higher educationwithin the city of New York.
School Districts having Eligible School District Projects
Political subdivisions financing eligible wireless 911 capitalequipment.
Natural History Museum of the Adirondacks.
Women's Interart Center, Inc. of New York City, for the acquisitions,financing, refinancing, construction, reconstruction, improvement,renovation, development, expansion, furnishing, equipping or otherwiseproviding for facilities for the Interart Rehearsal Studio and CulturalCenter Complex located at 543-551 West 52nd Street in the Clinton UrbanRenewal area of Manhattan.
The Center for Jewish History, Inc., for the acquisition, financing,refinancing, construction, reconstruction, improvement, renovation,development, expansion, furnishing, equipping or otherwise providing forfacilities as a centralized location for preserving and advancingscholarship, art, history, and culture through its archival collection,in a one hundred twenty thousand square foot facility located at 15 West16th Street in Manhattan.
The Kaatsbaan International Dance Center, Inc., for the acquisition,financing, refinancing, construction, reconstruction, renovation,development, improvement, expansion, furnishing and equipping orotherwise providing for a professional creative residence andperformance facility on one hundred fifty-three rural acres in Tivoli,New York.
Eyebeam Atelier, Inc., for the acquisition, financing, refinancing,construction, reconstruction, improvement, renovation, development,expansion, furnishing, equipping or otherwise providing for facilitiesdevoted to the collaboration of art and technology in New York state andthe construction of a new ninety thousand square foot building locatedin the Chelsea area of New York city.
Youth Environmental Services, d/b/a Yes Community Counseling, for theacquisition, financing, refinancing, construction, reconstruction,renovation, development, improvement, expansion, furnishing andequipping or otherwise providing for the purchase of a building for suchnot-for-profit group located in Massapequa, New York.
The New York military academy, an education corporation chartered bythe board of regents located in Cornwall-on-Hudson, New York, for theacquisition, financing, refinancing, construction, reconstruction,renovation, development, improvement, expansion and equipping offacilities.
Preventive Medicine Institute, doing business as Strang CancerPrevention Center.
Any residential institution for children as defined in subdivisionforty-four of section sixteen hundred seventy-six of this title for thefinancing, refinancing, design, replacement (including acquisition andconstruction), reconstruction, rehabilitation, improvement, renovation,and equipping of existing residential facilities.
The Museum of African American Cinema, Inc., for the acquisition,financing, refinancing, construction, reconstruction, improvement,renovation, development, expansion, furnishing, equipping or otherwiseproviding for such facilities in Harlem, New York city.
34th Street Cancer Center, Inc., with respect to the financing and/orrefinancing of the acquisition, purchasing and equipping of a certainbuilding located at 160 East 34th Street, New York, New York, for use asa cancer center. Notwithstanding any other provision of law, thefollowing provisions shall apply:
(i) 34th Street Cancer Center, Inc. shall have full power andauthority to assign and pledge to the dormitory authority any and allpublic funds to be appropriated, apportioned, or otherwise made payableby the federal government, any agency thereof, the state of New York, apolitical subdivision, as defined in section one hundred of the generalmunicipal law, or any social services district in the state of New Yorkin an amount sufficient to make all payments required to be made by suchentity pursuant to any agreement entered into between such entity andthe dormitory authority necessary or useful for the purposes set forthin this paragraph.
(ii) All state and local officers are hereby authorized and requiredto pay all such funds so assigned and pledged to the dormitory authorityor, upon the direction of the dormitory authority, to any trustee of anydormitory authority bond or note issued pursuant to a certificate filedwith any such state or local officer by the dormitory authority pursuantto the provisions of this paragraph.
The Beacon Institute, Inc., a domestic not-for-profit corporationformerly known as the Rivers and Estuaries Center on the Hudson, Inc.,for the acquisition, financing, refinancing, construction,reconstruction, renovation, development, improvement, expansion,furnishing and equipping or otherwise providing for facilities forconducting a program of research and education that advances theunderstanding of rivers and estuaries and develops policies andpractices that benefit the human and natural communities that dependupon these ecosystems, located at Beacon Harbor and Denning's Point inBeacon, New York, The Upper Hudson Research Center at Troy, located atthe waterfront in Troy, New York and the Center for Tributary Study,located at Creek Road in Beacon, New York, and the Old Main Building atClarkson University located in Potsdam, New York.
The Rochester school construction board for the financing of projectsauthorized pursuant to the city of Rochester and the board of educationof the city school district of the city of Rochester school facilitiesmodernization program act.
Albany Convention Center Authority
The YMCA of Greater Syracuse and related branches, administrativeoffices and satellite facilities located in New York state including:Downtown YMCA, East Area YMCA, North Area YMCA, Northwest YMCA, CampIroquois and any successor in interest to any such organization for thefinancing and/or refinancing of the acquisition, construction,reconstruction, development, improvement, expansion and/or equipping ofa facility or facilities and necessary ancillary and related facilities.
The United States Maritime Resource Center for the purpose offinancing, refinancing, construction, reconstruction, renovation,development, expansion and equipping of a facility to serve as aclassroom and student residence building in support of professionaleducation and training programs to be located on the campus of theUnited States Merchant Marine Academy located in Kings Point, New York.
Not-for-profit members of the Alliance of Long Island Agencies, Inc.,for the acquisition, financing, refinancing, construction,reconstruction, renovation, development, improvement, expansion andequipping of certain educational, administrative, clinical, day programand residential facilities to be located in the state of New York.Notwithstanding any other provision of law, not-for-profit members ofthe Alliance of Long Island Agencies, Inc. shall have full power andauthority to assign and pledge to the dormitory authority, any and allpublic funds to be apportioned or otherwise made payable by the UnitedStates, any agency thereof, the state, any agency thereof, a politicalsubdivision, as defined in section one hundred of the general municipallaw, any social services district in the state or any other governmentalentity in an amount sufficient to make all payments required to be madeby such members pursuant to any lease, sublease or other agreemententered into between such members and the dormitory authority. All stateand local officers are hereby authorized and required to pay all suchfunds so assigned and pledged to the dormitory authority or, upon thedirection of the dormitory authority, to any trustee of any dormitoryauthority bond or note issued, pursuant to a certificate filed with anysuch state or local officer by the dormitory authority pursuant to theprovisions of this section.
Fordham Preparatory School, Inc., for the financing or refinancing, orreimbursem*nt of the costs of the acquisition, design, construction,reconstruction, rehabilitation, improvement, furnishing and equippingof, or otherwise providing for construction of additional educationalfacilities located on Fordham University Rose Hill Campus, the Bronx,New York.
The Reece School, for the financing or refinancing, or reimbursem*ntof the costs of, the acquisition, design, construction, reconstruction,rehabilitation, improvement, furnishing and equipping of, or otherwiseproviding for, additional floors or facilities for education and therapyat their facility located at twenty-five East One Hundred Fourth Streetin the city of New York, to serve as a school for special educationstudents; provided, however, that the aggregate sum of any bonds issuedfor such purpose shall not exceed thirty-five million dollars.Notwithstanding any other provision of law, the Reece School shall havefull power and authority to assign and pledge to the dormitoryauthority, any and all public funds to be apportioned or otherwise madepayable by the United States, any agency thereof, the state, any agencythereof, a political subdivision, as defined in section one hundred ofthe general municipal law, any social services district in the state orany other governmental entity in an amount sufficient to make allpayments required to be made by the Reece School to any lease, subleaseor other agreement entered into between the Reece School and thedormitory authority. All state and local officers are hereby authorizedand required to pay all such funds so assigned and pledged to thedormitory authority or, upon the direction of the dormitory authority,to any trustee of any dormitory authority bond or note issued, pursuantto a certificate filed with any such state or local officer by thedormitory authority pursuant to the provisions of this section.
Friends Academy, Glen Cove, Nassau County, for the financing orrefinancing, or reimbursem*nt of the costs of the acquisition, design,construction, reconstruction, rehabilitation, improvement, furnishingand equipping of, or otherwise providing for, the complete renovation ofthe lower school located on the campus at Glen Cove, Nassau County,provided however, that the aggregate sum of any bonds issued for suchpurpose shall not exceed six million five hundred thousand dollars.
Not-for-profit members of InterAgency Council of DevelopmentalDisabilities Agencies, Inc., for the acquisition, financing,refinancing, construction, reconstruction, renovation, development,improvement, expansion and equipping of certain educational,administrative, clinical, day program and residential facilities to belocated in the state of New York. Notwithstanding any other provision oflaw, not-for-profit members of the InterAgency Council of DevelopmentalDisabilities Agencies, Inc. shall have full power and authority toassign and pledge to the dormitory authority, any and all public fundsto be apportioned or otherwise made payable by the United States, anyagency thereof, the state, any agency thereof, a political subdivision,as defined in section one hundred of the general municipal law, anysocial services district in the state or any other governmental entityin an amount sufficient to make all payments required to be made by suchmembers pursuant to any lease, sublease or other agreement entered intobetween such members and the dormitory authority. All state and localofficers are hereby authorized and required to pay all such funds soassigned and pledged to the dormitory authority or, upon the directionof the dormitory authority, to any trustee of any dormitory authoritybond or note issued, pursuant to a certificate filed with any such stateor local officer by the dormitory authority pursuant to the provisionsof this section.
Broad Channel Volunteers, Inc. doing business as Broad ChannelVolunteer Fire Department and Ambulance Corps for the purpose ofproviding construction related services in connection with theconstruction, reconstruction, improvement, renovation, development orexpansion of facilities owned by Broad Channel Volunteers, Inc. doingbusiness as Broad Channel Volunteer Fire Department and Ambulance Corpslocated at 305 Crossbay Boulevard, County of Queens, block 15304, lot450, New York 11693.
The Convent of the Sacred Heart School, for the financing orrefinancing, or reimbursem*nt of the costs of, the acquisition, design,construction, reconstruction, rehabilitation, improvement, furnishingand equipping of, or otherwise providing for, the Convent of the SacredHeart School at their facility located at: 406 East 91st Street in thecity of New York, to serve as a school for students in gradespre-kindergarten through twelve; provided, however, that the aggregatesum of any bonds issued for such purpose shall not exceed fifty-fivemillion dollars.
Mercy Flight, Inc., of Western New York, for the financing and/orrefinancing of equipment or the acquisition, construction,reconstruction, development, improvement, expansion and/or equipping ofa facility or facilities and necessary ancillary and related facilities.
The Trevor Day School, for the financing or refinancing, orreimbursem*nt of the costs of, the acquisition, design, construction,reconstruction, rehabilitation, improvement, furnishing and equippingof, or otherwise providing for, the Trevor Day School at their facilitylocated at 312-318 East 95th Street in the city of New York, to serve asa school for students in grades seven through twelve; provided, however,that the aggregate sum of any bonds issued for such purpose shall notexceed seventy-five million dollars.
Richardson Center Corporation.
Williamsburg Infant & Early Childhood Development Center, Inc. at 22Middleton Street, Brooklyn, New York.
Randolph Academy union free school district, for the financing,acquisition, construction, reconstruction, renovation and improvementfor facilities located in Erie county, New York. Notwithstanding anyother provision of law, Randolph Academy union free school districtshall have full power and authority to assign and pledge to theauthority any and all public funds to be apportioned or otherwise madepayable by the state, a political subdivision, as defined in section onehundred of the general municipal law, or any social services district inthe state in an amount sufficient to make all payments required to bemade by Randolph Academy union free school district pursuant to anylease, sublease or other agreement entered into between Randolph Academyunion free school district and the authority. All state and localofficers are hereby authorized and required to pay all such funds soassigned and pledged to the authority or upon the direction of theauthority, to any trustee of any authority bond or note issued pursuantto a certificate filed with any such state or local officer by theauthority pursuant to the provisions of this section. No agreement orlease by Randolph Academy union free school district pursuant to thisparagraph shall be effective unless and until it is approved by or onbehalf of the commissioner of education.
Medical Missions for Children, Inc.
Primary Care Development Corporation for the acquisition, financing,refinancing, construction, reconstruction, renovation, development,improvement, expansion, and equipping of facilities offering primaryhealth care services and related ambulatory care and ancillary servicesin the state of New York.
Poly Prep Country Day School, for the refinancing of outstandingindebtedness, the financing or refinancing, or reimbursem*nt of thecosts of, the acquisition, design, construction, reconstruction,rehabilitation, improvement, furnishing and equipping of, or otherwiseproviding for, the Poly Prep Country Day School at its facilitieslocated at 9216 Seventh Avenue and/or 50 Prospect Park West in Brooklyn,New York, to serve as a school for students in grades Nursery throughtwelve; provided, however, that the aggregate sum of any bonds issuedfor such purpose shall not exceed fifteen million dollars.
St. Andrew's Foundation, the Scottish Society of Hudson's Valley, Ltd.
Xavier High School, for the financing or refinancing, or reimbursem*ntof the costs of the aquisition, design, construction, reconstruction,rehabilitation, improvement, furnishing and equipping of, or otherwiseproviding for, Xavier High School at its facility located at 30 West16th Street in the city of New York, to serve as a school for studentsin grades nine through twelve; provided, however, that the aggregate sumof any bonds issued for such purpose shall not exceed fifty-five milliondollars.
Mercy Flight Central, Inc., of Central New York, for the financingand/or refinancing of equipment or the acquisition, construction,reconstruction, development, improvement, expansion and/or equipping ofa facility or facilities and necessary ancillary and related facilities.
Young Men's Christian Association-Women's Community Center of Rome,New York Incorporated, for the financing and/or refinancing of equipmentor the acquisition, construction, reconstruction, development,improvement, expansion and/or equipping of a facility or facilities andnecessary ancillary and related facilities.
Dancewave, Inc., for the financing, acquisition, construction,development, improvement, expansion and/or equipping of a facility orfacilities and necessary ancillary and related facilities.
Summit Educational Resources, Inc., a not-for-profit organization, forthe acquisition, financing and/or refinancing, design, construction,renovation, reconstruction, development, improvement, furnishing,expansion and/or equipping of a facility or facilities and necessaryancillary and related facilities.
An authorized agency as defined by subdivision ten of section threehundred seventy-one of the social services law, or a local probationdepartment as defined by sections two hundred fifty-five and two hundredfifty-six of the executive law for the provision of detention facilitiescertified by the office of children and family services or by suchoffice in conjunction with the state commission of correction or for theprovision of residential facilities licensed by the office of childrenand family services including all necessary and usual attendant andrelated facilities and equipment.
North Country School, Lake Placid, New York, for the acquisition,financing and/or refinancing, design, construction, renovation,reconstruction, development, improvement, furnishing, expansion and/orequipping of a facility or facilities and necessary ancillary andrelated facilities.
New York Military Academy
Any not-for-profit corporation formed pursuant to an inter-municipalagreement among two or more counties within this state to assist saidcounties in acquiring, financing, constructing, reconstructing,remodeling, enlarging, altering, repairing, operating, managing,leasing, selling or otherwise disposing of a joint county detentionfacility established in accordance with section two hundred eighteen-aof the county law.
The New York Racing Association, Inc. for capital projects.
The New York Academy of Medicine.
The Young Men's and Young Women's Hebrew Association (dba 92nd StreetY)
Masonic Medical Research Laboratory, a not-for-profit corporation, forthe design, acquisition, financing, refinancing, construction,reconstruction, renovation, rehabilitation, development, improvement,expansion, furnishing, equipping or otherwise providing for a facilityand/or facilities, including any necessary or ancillary facilities, forthe purpose of conducting scientific research or conducting testing forpublic health in the city of Utica.
Mary Cariola Children's Center, Inc.
Sandy Ground Historical Museum at 1538 Woodrow Road, Staten Island,New York for the restoration or replacement of the museum buildinglocated at such address.
the office of cannabis management.
the cannabis control board.
the private debt or equity fund in which the state or any agency,authority or division thereof has invested and is selected pursuant tosubdivision thirty-two of section one thousand six hundred seventy-eightof this title to the extent authorized in subdivision thirty of suchsection.
2. a. The dormitory authority is hereby authorized and empowered uponapplication of the educational institution concerned to acquire, design,construct, reconstruct, rehabilitate and improve, or otherwise provideand furnish and equip dormitories and attendant facilities for anyeducational institution, provided that any contract undertaken orfinanced by the dormitory authority for any construction,reconstruction, rehabilitation or improvement of any building orstructure commenced after September first, nineteen hundred seventy-fourfor the Gananda school district or the Gananda educational facilitiescorporation, or any agency, board or commission therein, or any officialthereof, shall comply with the provisions of section one hundred one ofthe general municipal law and the specifications for such contract mayprovide for assignment of responsibility for coordination of any of thecontracts for such work to a single responsible and qualified person,firm or corporation; provided, however, that all contracts forconstruction of buildings on behalf of Queens Hospital Center shall bein conformity with the provisions of section one hundred one of thegeneral municipal law; provided that any contracts for the construction,reconstruction, rehabilitation or improvement of any public work projectundertaken by the dormitory authority of any facility for the aged forany political subdivision of the state or any district therein oragency, department, board or commission thereof, or any officialthereof, shall comply with the provisions of section one hundredthirty-five of the state finance law; and provided further that anycontract undertaken or financed by the dormitory authority for anyconstruction, reconstruction, rehabilitation or improvement of anybuilding commenced after January first, nineteen hundred eighty-nine forthe department of health shall comply with the provisions of section onehundred thirty-five of the state finance law.
Each educational institution defined in subdivision one of thissection, except the department of health of the state of New York,shall, when authorized by an appropriate resolution adopted by itsgoverning board or, when permitted, adopted by an appropriate committeeof such governing board, have power: (i) to convey or cause to beconveyed to the authority real property or rights in real propertyrequired in connection with the construction and financing of adormitory by the authority for such educational institution; or (ii) toenter into agreements or leases or both with the dormitory authoritypursuant to subdivision sixteen of section sixteen hundred seventy-eightof this title and to paragraph e of this subdivision, or both, or, inthe case of the department of health of the state of New York, providingthat legislation or appropriations which specifies the facilities to beacquired, constructed, reconstructed, rehabilitated or improved for thedepartment of health of the state of New York and the total estimatedcosts for each such facility, not to exceed four hundred ninety-fivemillion dollars in the aggregate, shall have been approved by thelegislature, the commissioner of health shall have power: (i) to conveyor cause to be conveyed to the authority real property or rights in realproperty required in connection with the construction and financing of adormitory by the authority for such educational institution; or (ii) toenter into agreements or leases or both with the dormitory authoritypursuant to subdivision sixteen of section sixteen hundred seventy-eightof this title and to paragraph e of this subdivision or both. Theeducational institution for which such dormitory and attendant facilityis intended to be provided shall approve the plans and specificationsand location of such dormitory and attendant facility. The dormitoryauthority shall have the same power and authority in respect to suchdormitories and attendant facilities provided pursuant to thissubdivision that it has relative to other dormitories.
b. The dormitory authority shall have power to acquire, in the name ofthe authority, on terms necessary or convenient by purchase, gift ordevise, real property or rights of easem*nt in relation to dormitoriesand attendant facilities provided pursuant to this subdivision, and forthe purposes of paragraph f of this subdivision, the dormitory authorityshall also have power to acquire such real property or rights ofeasem*nt by condemnation.
c. The dormitory authority shall have power to accept gifts ofpersonal property in the name of the authority for the purposes of thissubdivision.
d. (1) The dormitory authority may operate and manage any dormitoryand attendant facility provided pursuant to this subdivision, or theauthority may lease any such dormitory and attendant facility to theeducational institution for which such dormitory and attendant facilityis provided.
(2) At such time as the liabilities of the dormitory authorityincurred for any such dormitory and attendant facility have been met andthe bonds of the authority issued therefor have been paid or suchliabilities and bonds have otherwise been discharged, the authorityshall take action as follows:
(a) In the case of any dormitory and attendant facility other than oneprovided pursuant to paragraph f of this subdivision, the authorityshall transfer title to all the real and personal property of suchdormitory and attendant facility, vested in the authority, to theeducational institution in connection with which such dormitory andattendant facility is then being operated, or to which such dormitoryand attendant facility is then leased, provided, however, that if at anytime prior thereto such educational institution ceases to offereducational facilities then such title shall vest in the people of thestate of New York;
(b) In the case of any dormitory and attendant facility providedpursuant to paragraph f of this subdivision, the authority shalltransfer such right, title and interest as it may have in or to the realproperty of such dormitory and attendant facility to the city of NewYork and in and to all personal property of such dormitory and attendantfacility to the board of higher education in such city; provided,however, that if the authority has title to such dormitory and attendantfacility and the city university shall cease to offer educationalfacilities before any such liabilities and bonds have been so paid ordischarged, the title to all of the real and personal property thereofshall vest in the people of the state of New York;
(3) Notwithstanding any other provisions of law, if requested by thecity university construction fund and the board of higher education inthe city of New York, and with the prior written approval of thedirector of the budget of the state of New York or his designee, theauthority may sell all or any part of any dormitory and attendantfacility provided by the authority for the city university pursuant toparagraph f of subdivision two, including any real and personal propertycomprising said dormitory and attendant facility. Such sale may be madeby private or public sale. Such sale may be made only if the dormitoryand attendant facility or portion thereof being sold is abandoned orwithdrawn from the applicable project in accordance with (i) theapplicable agreement entered into by the authority with the cityuniversity construction fund and the board of higher education in thecity of New York and (ii) the applicable resolution of the authority,and if the net proceeds of such sale are applied by the authority inaccordance with such agreement and resolution. The difference, if any,between the net proceeds of such sale, and, if greater, the amountrequired to be paid by the board of higher education in the city of NewYork to the authority pursuant to the terms of the applicable agreementby reason of the abandonment or withdrawal of such dormitory andattendant facility or portion thereof shall be paid to the authority bythe state of New York, the city of New York, in which case the writtenapproval of the director of the office of management and budget of thecity of New York, or his designee, shall also be required, the cityuniversity construction fund or such board of higher education or anynumber of the foregoing at the closing of such sale and shall likewisebe applied by the authority in accordance with the applicable agreementand resolution. Provided, however, that the foregoing provisions of thissubparagraph only to the extent that they otherwise require a requestfor and approval by the city university construction fund or the boardof higher education in the city of New York shall not apply to any saleof the parcels which constitute one hundred twenty-three and one hundredtwenty-seven West one hundred eighty-third street in the city of NewYork being in section eleven, block three thousand two hundredtwenty-five, lot forty-eight in Bronx county (also known as Sedgwickdormitory and North hall). The abandonment or withdrawal of suchdormitory and attendant facility or portion thereof being sold and thepayment to the authority in full of the difference between the netproceeds of sale and the amount required to be paid by such board ofhigher education to permit the abandonment or withdrawal shall beconditions to the closing of any sale pursuant to this subparagraph. Inthe event of a sale pursuant to this subparagraph, the authority shallbe relieved of any obligation to transfer the dormitory and attendantfacility or portion thereof being sold to the city of New York, thestate of New York or the board of higher education in the city of NewYork pursuant to clause (b) of subparagraph two of this paragraph. Anyand all rights of the city of New York, the state of New York and suchboard of higher education in and to such dormitory and attendantfacility or portion thereof shall be deemed to be fully satisfied andextinguished by a sale pursuant to this subparagraph. At the request ofthe authority, the city of New York, the state of New York and suchboard of higher education shall join in the deed or execute a quitclaimor other legal instrument of conveyance of their respective interests,if any, therein.
(4) Notwithstanding any other provision of law, the authority, ifrequested by the city university construction fund and the board ofhigher education in the city of New York, may lease all or any part ofany dormitory and attendant facility provided by the authority for thecity university pursuant to paragraph f of this subdivision to a thirdparty upon such terms and conditions as the authority, the cityuniversity construction fund and the board of higher education in thecity of New York shall deem appropriate and as are consistent with theprovisions of the applicable agreement entered into by the authoritywith the city university construction fund and the board of highereducation in the city of New York and the applicable resolution of theauthority. Provided, however, that the foregoing provisions of thissubparagraph only to the extent that they otherwise require a requestfor and approval by the city university construction fund or the boardof higher education in the city of New York shall not apply to any leaseof the parcels which constitute one hundred twenty-three and one hundredtwenty-seven West one hundred eighty-third street in the city of NewYork being in section eleven, block three thousand two hundredtwenty-five, lot forty-eight in Bronx county (also known as Sedgwickdormitory and North hall). Any rentals or other moneys received by theauthority pursuant to such lease shall be applied by the authority inaccordance with the terms of the applicable agreement and resolution.Any leasing of such dormitory and attendant facility or portion thereofby the authority pursuant to the terms of this subparagraph shall not bedeemed to constitute a breach by the authority of the terms andconditions of, or a default by the authority under any agreement whichthe authority may have entered into with the city universityconstruction fund and the board of higher education in the city of NewYork, or any resolution of the authority, applicable to the dormitoryand attendant facility or portion thereof being leased.
e. Any lease of a dormitory and attendant facility authorized by thissubdivision shall be a general obligation of the lessee and may containcertain provisions, which shall be a part of the contract with theholders of the bonds of the authority issued for such dormitory, as to
(1) pledging all or any part of the moneys, earnings, income andrevenues derived by the lessee from such dormitory or any part or partsthereof, or other personal property of the lessee, to secure paymentsrequired under the terms of such lease;
(2) the rates, rentals, fees and other charges to be fixed andcollected by the lessee, the amounts to be raised in each year thereby,and the use and disposition of such moneys, earnings, income andrevenues;
(3) the setting aside of reserves and the creation of special fundsand the regulation and disposition thereof;
(4) the procedure, if any, by which the terms of such lease may beamended, the amount of bonds the holders of which must consent thereto,and the manner in which such consent may be given;
(5) vesting in a trustee or trustees such specified properties,rights, powers and duties as shall be deemed necessary or desirable forthe security of the holders of the bonds of the authority issued forsuch dormitory;
(6) the obligations of the lessee with respect to the replacement,reconstruction, maintenance, operation, repairs and insurance of suchdormitory;
(7) defining the acts or omissions to act which shall constitute adefault in the obligations and duties of the lessee, and providing forthe rights and remedies of the authority and of its bondholders in theevent of such default;
(8) any other matters, of like or different character, which may bedeemed necessary or desirable for the security or protection of theauthority or the holders of its bonds.
f. (1) Notwithstanding any other provision of law, general or special,the dormitory authority is hereby authorized and empowered to acquire,design, construct, reconstruct, rehabilitate, and improve or otherwiseprovide and furnish and equip dormitories and attendant facilities forthe use of the city university, in accordance with the terms of anylease, sublease, or other agreement entered into by the authority,pursuant to article one hundred twenty-five-B of the education law, withthe city university construction fund, or with such fund and the boardof higher education in the city of New York. The dormitory authority mayissue its bonds to finance the cost of senior college facilities eithertogether with or separate from bonds issued to finance the cost ofcommunity college facilities, and may issue its bonds to finance thelocal sponsor's portion of the cost of community college facilitieseither together with or separate from its bonds issued to finance thestate's portion of the cost of such community college facilities.
Notwithstanding any other provision of law, general or special, thedormitory authority may acquire, design, construct or otherwise provideand furnish and equip dormitories and attendant facilities for the useof Hunter College, which may include therein a police and fire station,upon a site set forth in and in accordance with the terms of any lease,sublease or other agreement entered into by the authority pursuant toarticle one hundred twenty-five-B of the education law with the cityuniversity construction fund, the city of New York and the board ofhigher education in such city. The police and fire station portions ofsuch facility shall be deemed capital projects of the city of New Yorkwithin the meaning of chapter nine of the New York city charter. Anyconveyance of real property or rights and interests therein by the cityto the dormitory authority with respect to such facility shall notinclude title to that portion of the real property to be occupied by thepolice and fire station portions thereof but shall include the airrights over such police and fire stations and subsurface rightsthereunder.
(2) The provisions of this subdivision shall apply to projectsundertaken by the dormitory authority pursuant to this paragraphprovided, however, that wherever any provision of this subdivisionauthorizes or requires action on the part of an educational institutionsuch provision, so far as it applies to any such project, shall bedeemed to refer to action on the part of the city universityconstruction fund or the board of higher education of the city of NewYork, as the case may be.
h. Notwithstanding any other provision of law, general or special, thedormitory authority is hereby authorized and empowered to acquiredormitories, including existing dormitories, from any educationalinstitution for such consideration and upon such terms as may beapproved by the authority.
i. Notwithstanding any other provision of law the dormitory authorityis hereby authorized and empowered to enter into any agreement, lease orsublease with any not-for-profit corporation or any politicalsubdivision of the state of New York or the state of New York to allow adormitory to be used and occupied by persons sixty-five years of age orolder.
j. Subject to the provisions of chapter fifty-nine of the laws of twothousand, the maximum amount of bonds and notes to be issued after Marchthirty-first, two thousand two for a housing unit for the use ofstudents at a state-operated institution or statutory or contractcollege under the jurisdiction of the state university of New York shallbe one billion five hundred sixty-one million dollars. Such amount shallbe exclusive of bonds and notes issued to fund any reserve fund orfunds, costs of issuance, and to refund any outstanding bonds and notesrelating to a housing unit under the jurisdiction of the stateuniversity of New York.
k. (1) For purposes of this section, the following provisions shallapply to the powers in connection with the provision of detentionfacilities certified by the office of children and family services or bysuch office in conjunction with the state commission of correction orfor the provision of residential facilities licensed by the office ofchildren and family services including all necessary and usual attendantand related facilities and equipment.
(2) Notwithstanding any other provision of law, any entity as listedabove shall have full power and authority to enter into such agreementswith the dormitory authority as are necessary to finance and/orconstruct detention or residential facilities described above, includingwithout limitation, the provision of fees and amounts necessary to paydebt service on any obligations issued by the dormitory authority forsame, and to assign and pledge to the dormitory authority, any and allpublic funds to be apportioned or otherwise made payable by the UnitedStates, any agency thereof, the state, any agency thereof, a politicalsubdivision, as defined in section one hundred of the general municipallaw, any social services district in the state or any other governmentalentity in an amount sufficient to make all payments required to be madeby any such entity as listed above pursuant to any lease, sublease orother agreement entered into between any such entity as listed above andthe dormitory authority. All state and local officers are herebyauthorized and required to pay all such funds so assigned and pledged tothe dormitory authority or, upon the direction of the dormitoryauthority, to any trustee of any dormitory authority bond or noteissued, pursuant to a certificate filed with any such state or localofficer by the dormitory authority pursuant to the provisions of thissection.
l. (1) For purposes of this section, the following provisions shallapply to the powers in connection with the provision of detentionfacilities certified by the office of children and family services or bysuch office in conjunction with the state commission of correction,including any joint county detention facility established in accordancewith section two hundred eighteen-a of the county law, or for theprovision of residential facilities licensed by the office of childrenand family services including all necessary and usual attendant andrelated facilities and equipment.
(2) Notwithstanding any other provision of law, the office of childrenand family services, the division of the budget, any county and anyentity as listed above shall have full power and authority to enter intosuch agreements with the dormitory authority as are necessary or usefulto finance and/or construct detention or residential facilitiesdescribed above, including without limitation, such agreements that mayprovide for or warrant the uninterrupted provision of fees and amountsnecessary to pay debt service on any obligations issued by the dormitoryauthority for same, and to assign and pledge to the dormitory authority,any and all public funds to be apportioned or otherwise made payable bythe United States, any agency thereof, the state, any agency thereof, apolitical subdivision, as defined in section one hundred of the generalmunicipal law, any social services district in the state or any othergovernmental entity in an amount sufficient to make all paymentsrequired to be made by any such entity as listed above pursuant to anylease, sublease, pledge agreement or other agreement entered intobetween any such entity as listed above, any county and the dormitoryauthority; any such agreement shall not constitute indebtness forpurposes of the state constitution or section 20.00 of the local financelaw, and shall not be deemed either executory or to create anycontractual obligation in excess of the amounts appropriated annuallyfor such purpose. All state and local officers are hereby authorized andrequired to pay all such funds so assigned and pledged to the dormitoryauthority or, upon the direction of the dormitory authority, to anytrustee of any dormitory authority bond or note issued, pursuant to acertificate filed with any such state or local officer by the dormitoryauthority pursuant to the provisions of this section.
3. a. The authority also shall have power to make loans to anyeducational institution for the acquisition, construction,reconstruction, rehabilitation and improvement, or otherwise providing,furnishing and equipping of dormitories and attendant facilities, forthe purpose of financing or refinancing the cost thereof or for thepurpose of acquiring any federally guaranteed security in accordancewith subdivision sixteen of section sixteen hundred seventy-eight ofthis chapter. Each such loan shall be premised upon an agreement,agreements, or supplements thereto, between the authority and theinstitution, which agreement, agreements, or supplements thereto, maymake provisions as to payment, security, maturity, redemption, interest,payment of any expenses of the authority and other appropriate matters.
b. The authority shall likewise have power to make loans to anyeducational institution to refund existing bonds, mortgages or advancesgiven or made by such institution for the construction of dormitories tothe extent that this will enable such educational institution to offergreater security for loans for new dormitory construction or to effectsavings in interest cost or more favorable amortization terms.
c. For the purpose of obtaining loans under subdivision three of thissection every educational institution shall, notwithstanding theprovisions of any other law, have power to mortgage and pledge any ofits real or personal property, to pledge any of its income from whateversource, and to purchase and pledge a federally guaranteed security forthe repayment of the principal of and interest on any loan made to it bythe authority or to pay the interest on and principal and redemptionpremium, if any, of any note, bond or other evidence of indebtednessevidencing the debt created by any such loan; provided that theforegoing shall not be construed to authorize actions in conflict withspecific legislation, trusts, endowment, or other agreements relating tospecific properties or funds.
d. Moneys of the authority received from any educational institutionin payment of any sum due to the authority pursuant to the terms of anyloan or other agreement or any bond, note or other evidence ofindebtedness, shall be deposited in an account in which only moneysreceived from educational institutions under this subdivision shall bedeposited and shall be kept separate and apart from and not commingledwith any other moneys of the authority. Moneys deposited in such accountshall be paid out on checks signed by the chairman of the authority orby such other person or persons as the authority may authorize.
4. Whenever the dormitory authority under subdivision two of thissection undertakes to construct, acquire or otherwise provide andoperate and manage a dormitory and attendant facilities, the dormitoryauthority shall be responsible for the direct operation and maintenancecosts of such dormitory but each educational institution in connectionwith which such a dormitory is provided and operated and managed shallbe responsible at its own expense for the over-all supervision of eachdormitory, for the overhead and general administrative costs of theeducational institution which are incurred because of such dormitory andfor the integration of each dormitory operation into the institution'seducational program so that in so far as practicable the declaration ofpolicy as outlined in section one of chapter eight hundred fifty of thelaws of nineteen hundred fifty-five and a declaration of policycontained in section one of an act of the legislature of nineteenhundred fifty-nine amending this subdivision may be fully achieved.Whenever the dormitory authority under subdivision two of this sectionundertakes to construct, acquire or otherwise provide a dormitory andattendant facilities and to lease the same to an educationalinstitution, the lessee shall be responsible for the direct operationand maintenance costs of such dormitory and in addition shall beresponsible for the over-all supervision of each dormitory, for theoverhead and general administrative costs of the lessee which areincurred because of such dormitory and for the integration of eachdormitory operation into the lessee's educational program so that in sofar as practicable the declaration of policy as outlined in section oneof chapter eight hundred fifty of the laws of nineteen hundredfifty-five and a declaration of policy contained in section one of anact of the legislature of nineteen hundred fifty-nine amending thissubdivision may be fully achieved. Whenever the dormitory authorityunder subdivision three of this section makes loans for the constructionof a dormitory, the educational institution at which such dormitory islocated shall be responsible for the direct operation and maintenancecosts of such dormitory and in addition shall be responsible for theover-all supervision of each dormitory, for the overhead and generaladministrative costs of the educational institution which are incurredbecause of such dormitory and for the integration of each dormitoryoperation into the institution's educational program so that in so faras practicable the declaration of policy as outlined in section one ofchapter eight hundred fifty of the laws of nineteen hundred fifty-fiveand a declaration of policy contained in section one of an act of thelegislature of nineteen hundred fifty-nine amending this subdivision maybe fully achieved.
5. All the provisions of this title four not inconsistent with theprovisions of this section sixteen hundred eighty, shall be applicablewith respect to any bonds of the authority issued to obtain funds forany purpose authorized under this section sixteen hundred eighty, andwith respect to the powers of the authority hereunder.
6. To obtain funds for construction, acquisition or provision ofdormitories and loans under this section, the authority shall have powerfrom time to time to issue negotiable bonds or notes.
7. Any pledge of or other security interest in moneys, earnings,income, revenues, accounts, contract rights, general intangibles orother personal property made or created by the authority shall be valid,binding and perfected from the time when such pledge or other securityinterest attaches, without any physical delivery of the collateral orfurther act. The lien of any such pledge or other security interestshall be valid, binding and perfected as against all parties havingclaims of any kind in tort, contract or otherwise against the authorityirrespective of whether or not such parties have notice thereof. Noinstrument by which such a pledge or other security interest is creatednor any financing statement need be recorded or filed. This subdivisionshall apply notwithstanding the provisions of the uniform commercialcode.
8. For all purposes of this section sixteen hundred eighty, the term"dormitory" shall include and mean a housing unit, including allnecessary and usual attendant and related facilities and equipment,provided for the use of married students, faculty, staff and thefamilies thereof.
9. (a) Notwithstanding any other provision of law to the contrary,each local sponsor shall have power to convey or cause to be conveyed tothe authority real property or rights in real property required inconnection with the providing and financing of a facility by theauthority for a locally sponsored community college for which such localsponsor is the sponsor or one of the sponsors and who also enters intoagreements and leases with the dormitory authority pursuant to paragraphe of subdivision two of this section. The authority to make any suchconveyance shall not be subject to a mandatory or permissive referendum.
(b) Notwithstanding the provisions of any general, special or locallaw, charter or ordinance to the contrary, on request of the localsponsor of a locally sponsored community college in the city of New Yorkand with the approval of the city board of estimate, the city of NewYork may sell, convey, lease, exchange or otherwise make available tothe dormitory authority, for a nominal consideration, any interest inreal property of the city designated by such local sponsor as suitablefor a facility. Such sale, conveyance, lease, exchange, or otherdisposition may be made at a nominal cost and without the requirement ofpublic auction or sealed bids, or restriction as to the term of any suchlease or arrangement, and the provisions of subdivision b of sectionthree hundred eighty-four of the New York city charter shall not applyin such cases. Conveyances made pursuant to this section shall includebut shall not be limited to real property on which are situatedfacilities of, or are under the jurisdiction of, or assigned to, theboard of education of the city school district of the city of New York.
(c) Notwithstanding the provisions of any general, special or locallaw, charter or ordinance to the contrary, the city board of estimate onbehalf of the city of New York may grant revocable or irrevocableconsents or rights of any kind or nature whatsoever, providing for orinvolving or relating to the occupation or use of any of the streets ofthe city, whether on, under or over the surface thereof, to thedormitory authority, on such terms and conditions and for such period oftime or duration as may be determined by the board of estimate to be inthe public interest.
(d) The following provisions shall be applicable to agreements andleases entered into between the authority and a local sponsor inrelation to the providing and financing by the authority of facilitiesfor locally sponsored community colleges, and to agreements and leasesentered into between the authority and the city university constructionfund in relation to the providing and financing by the authority offacilities for city university community colleges.
(1) In addition to the provisions authorized by subdivision four ofsection sixteen hundred eighty-two of this title four, any resolution orresolutions authorizing any bonds for the purpose of financing the costof providing facilities for locally sponsored or city universitycommunity colleges may contain provisions which may be a part of thecontract with the holders of such bonds providing for the creation andestablishment and maintenance of reserve funds and payments to suchreserve funds as hereinafter in this paragraph set forth.
(2) The authority may create and establish one or more reserve fundsto be known as debt service reserve funds and may pay into such reservefunds (i) any moneys appropriated and made available by the state forthe purposes of such funds, (ii) any proceeds of the sale of bonds andnotes to the extent provided in the resolution of the authorityauthorizing the issuance thereof, and (iii) any other moneys which maybe made available to the authority for the purposes of such funds fromany other source or sources. The moneys held in or credited to any debtservice reserve fund established under this paragraph, except ashereinafter provided, shall be used solely for the payment of theprincipal of bonds of the authority secured by such reserve fund, as thesame mature, the purchase of such bonds of the authority, the payment ofinterest on such bonds of the authority or the payment of any redemptionpremium required to be paid when such bonds are redeemed prior tomaturity; provided, however, that moneys in any such fund shall not bewithdrawn therefrom at any time in such amount as would reduce theamount of such fund to less than the maximum amount of principal andinterest maturing and becoming due in any succeeding calendar year onthe bonds of the authority then outstanding and secured by such reservefund, except for the purpose of paying principal and interest on thebonds of the authority secured by such reserve fund maturing andbecoming due and for the payment of which other moneys of the authorityare not available. Any income or interest earned by, or increment to,any such debt service reserve fund due to the investment thereof may betransferred to any other fund or account of the authority to the extentit does not reduce the amount of such debt service reserve fund belowthe maximum amount of principal and interest maturing and becoming duein any succeeding calendar year on all bonds of the authority thenoutstanding and secured by such reserve fund.
(3) The authority shall not issue bonds at any time if the maximumamount of principal and interest maturing and becoming due in asucceeding calendar year on the bonds outstanding and then to be issuedand secured by a debt service reserve fund will exceed the amount ofsuch reserve fund at the time of issuance, unless the authority at thetime of issuance of such bonds, shall deposit in such reserve fund fromthe proceeds of the bonds so to be issued, or otherwise, an amount whichtogether with the amount then in such reserve fund, will be not lessthan the maximum amount of principal and interest maturing and becomingdue in any succeeding calendar year on the bonds then to be issued andon all other bonds of the authority then outstanding and secured by suchreserve fund.
(4) To ensure the continued operation and solvency of the authorityfor the carrying out of the public purposes relating to providingfacilities for locally sponsored or city university community collegesprovision is made in the foregoing provisions of this paragraph d forthe accumulation in each debt service reserve fund of an amount equal tothe maximum amount of principal and interest maturing and becoming duein any succeeding calendar year on all bonds of the authority thenoutstanding and secured by such reserve fund. In order further to ensurethe maintenance of such debt service reserve funds, there shall beannually apportioned and paid to the authority for deposit in each debtservice reserve fund such sum, if any, as shall be certified by thechairman of the authority to the governor and state director of thebudget as necessary to restore such reserve fund to an amount equal tothe maximum amount of principal and interest maturing and becoming duein any succeeding calendar year on the bonds of the authority thenoutstanding and secured by such reserve fund. The chairman of theauthority shall annually, on or before December first, make and deliverto the governor and state director of the budget his certificate statingthe sum, if any, required to restore each such debt service reserve fundto the amount aforesaid, and the sum or sums so certified, if any, shallbe apportioned and paid to the authority during the then current statefiscal year. The principal amount of bonds secured by a debt servicereserve fund or funds to which state funds are apportionable pursuant tothis subparagraph shall be limited to the total amount of bonds andnotes outstanding on the effective date of this act, plus the totalamount of bonds and notes contracted after the effective date of thisact to finance projects in progress on the effective date of this act asdetermined by the New York state public authorities control boardcreated pursuant to section fifty of this chapter whose affirmativedetermination shall be conclusive as to all matters of law and factsolely for the purposes of the limitations contained in thissubparagraph, but in no event shall the total amount of bonds so securedby such a debt service reserve fund or funds exceed two hundred seventymillion dollars for locally sponsored community colleges and fourhundred seventy million dollars for city university community colleges,excluding bonds issued to refund such outstanding bonds until the dateof redemption of such outstanding bonds. As outstanding bonds so securedare paid, the amount so secured shall be reduced accordingly but theredemption of such outstanding bonds from the proceeds of refundingbonds shall not reduce the amount so secured.
(5) In computing any debt service reserve fund for the purposes ofthis paragraph, securities in which all or a portion of such reservefund shall be invested shall be valued at par, or if purchased at lessthan par, at their cost to the authority.
(e) All the provisions of this title four not inconsistent with theprovisions of this section sixteen hundred eighty shall be applicablewith respect to any bonds of the authority issued to obtain funds forthe purpose of providing facilities for locally sponsored communitycolleges.
(f) No agreement by the dormitory authority with a local sponsor shallbe effective unless and until it is approved by the state universitytrustees and the state director of the budget or his designee and, inthe case of a locally sponsored community college in the city of NewYork, it is also approved by the director of the budget of the city ofNew York or his designee.
(g) No agreement by the dormitory authority with the city universityconstruction fund or with such fund and the city university with respectto a city university community college, entered into prior to Julyfirst, nineteen hundred eighty-five and no agreement entered into on orafter July first, nineteen hundred eighty-five which is supplemental toany agreement entered into prior to such July first, shall be effectiveunless and until it is approved by the state director of the budget orhis designee and by the director of the budget of the city of New Yorkor his designee.
10. The local sponsor shall have full power and authority to assignand pledge to the authority any and all public funds to be apportionedor otherwise made payable by a local sponsor or by the state of New Yorkto the local sponsor for purposes of the locally sponsored communitycollege pursuant to the provisions of subdivision eight of sectionsixty-three hundred four of the education law and any tuition andinstructional fees received from students attending such locallysponsored community college.
All state officers and local sponsors concerned are hereby authorizedto pay all such funds so assigned and pledged to the commissioner oftaxation and finance for deposit in the community college tuition andinstructional income fund.
10-a. Subject to the provisions of chapter fifty-nine of the laws oftwo thousand, but notwithstanding any other provision of the law to thecontrary, the maximum amount of bonds and notes to be issued after Marchthirty-first, two thousand two, on behalf of the state, in relation toany locally sponsored community college, shall be one billion threehundred sixty-five million three hundred eight thousand dollars$1,365,308,000. Such amount shall be exclusive of bonds and notes issuedto fund any reserve fund or funds, costs of issuance and to refund anyoutstanding bonds and notes, issued on behalf of the state, relating toa locally sponsored community college.
11. In the case of any locally sponsored community college, other thana locally sponsored community college in the city of New York or alocally sponsored community college where the local sponsor has enteredinto an agreement with the dormitory authority to finance and constructa facility for such college, construction of the facilities may beperformed by the local sponsor under existing statute.
12. In the case of a locally sponsored community college in the cityof New York or in the case of a locally sponsored community collegewhere the local sponsor has entered into an agreement with the dormitoryauthority to finance and construct a facility for such college, anyconstruction of such facility shall be performed by the dormitoryauthority pursuant to the provisions of this title four.
13. Upon application of a local sponsor of a locally sponsoredcommunity college, which application has been approved by the stateuniversity trustees and the state director of the budget or his designeeand, in the case of a locally sponsored community college in the city ofNew York, has also been approved by the director of the budget of thecity of New York or his designee, the dormitory authority may acquire,design, construct, reconstruct, rehabilitate and improve, and furnishand equip or otherwise provide facilities pursuant to the provisions ofthis title four and in such event the obligations of the authorityissued to finance the cost of such project shall be repaid pursuant toan agreement between such local sponsor and the dormitory authority. Thedormitory authority may issue its bonds to finance the local sponsor'sportion of the cost of such project either together with or separatefrom the bonds issued by the dormitory authority to finance the state'sportion of the cost of such project.
14. (a) During any twelve month period beginning with a July first andending on a June thirtieth, hereinafter referred to in this subdivisionas a "school year", the dormitory authority shall not deliver a seriesof bonds for any locally sponsored community college project, except torefund or to be substituted for or in lieu of other bonds in relation tosuch locally sponsored community college, unless (1) the amount oftuition and instructional fees received by the local sponsor fromstudents attending such locally sponsored community college for theschool year immediately preceding the school year in which such bondsare proposed to be delivered shall exceed the amount which thecommissioner of taxation and finance is required to maintain on depositin the community college tuition and instructional income fund pursuantto the provisions of subdivision five of section ninety-seven-p of thestate finance law for such locally sponsored community college, or
(2) the local sponsor of such locally sponsored community collegeshall submit proof in form satisfactory to the dormitory authority thatthe amount of tuition and instructional fees to be received by the localsponsor from students attending such college for the third school yearafter the school year in which such bonds are proposed to be deliveredshall exceed the amount which the commissioner of taxation and financeis required to maintain on deposit in the community college tuition andinstructional income fund pursuant to the provisions of subdivision fiveof section ninety-seven-p of the state finance law for such college.
(b) The provisions of paragraph a of this subdivision shall not applyto facilities for a locally sponsored community college in the city ofNew York other than the fashion institute of technology.
(c) Subject to the provisions of chapter fifty-nine of the laws of twothousand, (i) the dormitory authority shall not deliver a series ofbonds for city university community college facilities, except to refundor to be substituted for or in lieu of other bonds in relation to cityuniversity community college facilities pursuant to a resolution of thedormitory authority adopted before July first, nineteen hundredeighty-five or any resolution supplemental thereto, if the principalamount of bonds so to be issued when added to all principal amounts ofbonds previously issued by the dormitory authority for city universitycommunity college facilities, except to refund or to be substituted inlieu of other bonds in relation to city university community collegefacilities will exceed the sum of four hundred twenty-five milliondollars and (ii) the dormitory authority shall not deliver a series ofbonds issued for city university facilities, including community collegefacilities, pursuant to a resolution of the dormitory authority adoptedon or after July first, nineteen hundred eighty-five, except to refundor to be substituted for or in lieu of other bonds in relation to cityuniversity facilities and except for bonds issued pursuant to aresolution supplemental to a resolution of the dormitory authorityadopted prior to July first, nineteen hundred eighty-five, if theprincipal amount of bonds so to be issued when added to the principalamount of bonds previously issued pursuant to any such resolution,except bonds issued to refund or to be substituted for or in lieu ofother bonds in relation to city university facilities, will exceedeleven billion seven hundred sixty-three million twenty-two thousanddollars $11,763,022,000. The legislature reserves the right to amend orrepeal such limit, and the state of New York, the dormitory authority,the city university, and the fund are prohibited from covenanting ormaking any other agreements with or for the benefit of bondholders whichmight in any way affect such right.
15. In order to effectuate the purposes of this title, the followingprovisions shall apply to powers in connection with the provision offacilities for locally sponsored community colleges except a facilityfor a locally sponsored community college in the city of New York or afacility for a community college sponsored by a community collegeregion:
(a) (1) The local sponsor by resolution of its governing body mayenter into a lease, sublease or other agreement for the provision offacilities by the authority for such local sponsor upon such terms andconditions as the authority shall determine to be reasonable, includingbut not limited to the reimbursem*nt of all costs of such constructionand claims arising therefrom.
(2) No such lease, sublease or other agreement shall be deemed to be acontract for public work or purchase within the meaning of the generalmunicipal law.
(b) Any lease, sublease or other agreement entered into by theauthority and any local sponsor may provide that at the terminationthereof the title to the facility shall vest in the local sponsor or itssuccessor in interest, if any, free and clear of any indebtednesscontracted by the authority. Any such lease, sublease or other agreemententered into by the authority and any local sponsor which shall providethat the local sponsor shall be liable for the payment of rentals andother payments due and payable to the dormitory authority pursuant tosuch lease, sublease, or other agreement shall be subject to thefollowing provisions:
(1) The term of any such lease, sublease or other agreement shall notexceed forty years which is hereby determined to be the period ofprobable usefulness of any facility for a locally sponsored communitycollege authorized to be provided pursuant to this title, which termshall be computed from the date of the first indebtedness contracted bythe authority for such facility.
(2) The annual payments to be made by the local sponsor to theauthority to enable the authority to pay the principal of any suchindebtedness contracted by it to finance the cost of such works orfacility shall commence within two years after any such indebtedness orportion thereof shall have been contracted and no such annual paymentshall be more than fifty per centum in excess of the smallest priorannual payment for such purpose.
(3) The local sponsor shall pledge its full faith and credit for thepayment of such annual payments described in subparagraph two of thisparagraph and also for the payments required to be made to the authorityto enable it to pay the interest on such indebtedness.
(4) The total amount of any unpaid annual payments in relation to theprincipal of any such indebtedness shall be deemed to be indebtedness ofthe local sponsor for a capital improvement within the meaning ofsubparagraph b of subdivision three of paragraph a of section 135.00 ofthe local finance law.
(5) The annual payments by a local sponsor in relation to suchindebtedness and interest shall be deemed to be "indebtedness" and"interest" within the meaning of section ten of article eight of thestate constitution.
(6) The lease, sublease or other agreement shall not be renegotiated,or amended, in such manner as to constitute a refunding within themeaning of section two of article eight of the state constitution.
(7) The lease, sublease or other agreement shall not be applicable toany facility constructed or reconstructed to effectuate the purposes ofarticle eighteen of the state constitution.
(8) The provisions of this title may be utilized by any local sponsornotwithstanding the provision of any general or special law, or countyor city charter which (i) requires that any project must be constructed,operated and maintained by the local sponsor, (ii) limits the period oftime for which a local sponsor may contract, (iii) requires that thecost shall be paid for by taxes levied for the fiscal year in which theexpenditure is to be made, (iv) requires that the cost shall be financedpursuant to the local finance law, or (v) only permits any such projectto be constructed subject to either mandatory or permissive referendum.
16. Any lease, sub-lease or other agreement entered into by theauthority and any local sponsor in connection with the provision of afacility for a locally sponsored community college may provide for thededuction or withholding from any state financial aid payable to anysuch local sponsor, other than state financial aid apportioned and paidpursuant to the provisions of subdivision eight of section sixty-threehundred four of the education law, of an amount which has beendetermined after audit by the state comptroller to have been expended inexcess of one-half of the total cost of acquiring, designing,constructing, reconstructing, rehabilitating and improving andfurnishing and equipping or otherwise providing such facility for suchlocal sponsor except for the costs of establishing and maintainingreserves and other costs of the authority incurred in connection withthe financing of such facility.
* 17. For purposes of this section, the following provisions shallapply to powers in connection with the provision of dormitories for theNew York State Association for Retarded Children, Inc., Albany CountyChapter by the dormitory authority pursuant to this title.
Except to the extent otherwise prohibited by law, the New York StateAssociation for Retarded Children, Inc., Albany County Chapter shallhave full power and authority to assign and pledge to the dormitoryauthority any and all public funds to be apportioned or otherwise madepayable by the state of New York, a political subdivision, as defined insection one hundred of the general municipal law, or any social servicesdistrict in the state of New York in an amount sufficient to make allpayments required to be made by any such organization pursuant to anylease, sublease or other agreement entered into between suchorganization and the dormitory authority.
All state and local officers are hereby authorized and required to payall such funds so assigned and pledged to the dormitory authority or,upon the direction of the dormitory authority, to any trustee of anydormitory authority bond or note issued pursuant to a certificate filedwith any such state or local officer by the dormitory authority pursuantto the provisions of this subdivision.
* NB There are 5 sub 17's
* 17. For purposes of this section, the following provisions shallapply to powers in connection with the provision of dormitories for theAssociation for the Help of Retarded Children, Suffolk Chapter by thedormitory authority pursuant to this title.
Except to the extent otherwise prohibited by law, the Association forthe Help of Retarded Children, Suffolk Chapter shall have full power andauthority to assign and pledge to the dormitory authority any and allpublic funds to be apportioned or otherwise made payable by the state ofNew York, a political subdivision, as defined in section one hundred ofthe general municipal law, or any social services district in the stateof New York in an amount sufficient to make all payments required to bemade by any such organization pursuant to any lease, sublease or otheragreement entered into between such organization and the dormitoryauthority.
All state and local officers are hereby authorized and required to payall such funds so assigned and pledged to the dormitory authority or,upon the direction of the dormitory authority, to any trustee of anydormitory authority bond or note issued pursuant to a certificate filedwith any such state or local officer by the dormitory authority pursuantto the provisions of this subdivision.
* NB There are 5 sub 17's
* 17. For the purposes of this section, the following provisions shallapply to powers in connection with the provision of dormitories forUnited Cerebral Palsy of Ulster County, Inc., hereinafter called theorganization, by the authority pursuant to this title.
Notwithstanding any other provision of law, the organization shallhave full power and authority to assign and pledge to the authority anyand all public funds to be apportioned or otherwise made payable by thestate, a political subdivision, as defined in section one hundred of thegeneral municipal law, or any social services district in the state inan amount sufficient to make all payments required to be made by anysuch organization pursuant to any lease, sublease or other agreemententered into between such organization and the authority.
All state and local officers are hereby authorized and required to payall such funds so assigned and pledged to the authority or upon thedirection of the authority, to any trustee of any authority bond or noteissued pursuant to a certificate filed with any such state or localofficer by the authority pursuant to the provisions of this section.
No agreement or lease by such organization shall be effective unlessand until it is approved by or on behalf of the commissioners of thevarious state agencies that have jurisdiction over the project.
* NB There are 5 sub 17's
* 17. For purposes of this section, the following provisions shallapply to powers in connection with the provision of dormitories forHillside Children's Center by the dormitory authority pursuant to thistitle.
Except to the extent otherwise prohibited by law, Hillside Children'sCenter shall have full power and authority to assign and pledge to thedormitory authority any and all public funds to be apportioned orotherwise made payable by the state of New York, a politicalsubdivision, as defined in section one hundred of the general municipallaw, or any social services district in the state of New York in anamount sufficient to make all payments required to be made by any suchorganization pursuant to any lease, sublease or other agreement enteredinto between such organization and the dormitory authority.
All state and local officers are hereby authorized and required to payall such funds so assigned and pledged to the dormitory authority or,upon the direction of the dormitory authority, to any trustee of anydormitory authority bond or note issued pursuant to a certificate filedwith any such state or local officer by the dormitory authority pursuantto the provisions of this subdivision.
* NB There are 5 sub 17's
* 17. For purposes of this section, the following provisions shallapply to powers in connection with the provision of dormitories for NewDimensions in Living, Inc. and Associated Residential Centers, Inc. bythe dormitory authority pursuant to this title.
Except to the extent otherwise prohibited by law, the New York StateAssociation for Retarded Children, Inc., Rensselaer County Chapter, theNew York State Association for Retarded Children, Inc., MontgomeryCounty Chapter, New Dimensions in Living, Inc. and AssociatedResidential Centers, Inc. shall have full power and authority to assignand pledge to the dormitory authority any and all public funds to beapportioned or otherwise made payable by the state of New York, apolitical subdivision, as defined in section one hundred of the generalmunicipal law, or any social services district in the state of New Yorkin an amount sufficient to make all payments required to be made by anysuch organization pursuant to any lease, sublease or other agreemententered into between such organization and the dormitory authority.
All state and local officers are hereby authorized and required to payall such funds so assigned and pledged to the dormitory authority or,upon the direction of the dormitory authority, to any trustee of anydormitory authority bond or note issued pursuant to a certificate filedwith any such state or local officer by the dormitory authority pursuantto the provisions of this subdivision.
* NB There are 5 sub 17's
18. For purposes of this section, the following provisions shall applyto powers in connection with the provision of dormitories for the NewYork Society for the Deaf by the dormitory authority pursuant to thistitle.
Except to the extent otherwise prohibited by law, the New York Societyfor the Deaf shall have full power and authority to assign and pledge tothe dormitory authority any and all public funds to be apportioned orotherwise made payable by the state of New York, a politicalsubdivision, as defined in section one hundred of the general municipallaw, or any social services district in the state of New York in anamount sufficient to make all payments required to be made by any suchorganization pursuant to any lease, sublease or other agreement enteredinto between such organization and the dormitory authority.
All state and local officers are hereby authorized and required to payall such funds so assigned and pledged to the dormitory authority or,upon the direction of the dormitory authority, to any trustee of anydormitory authority bond or note issued pursuant to a certificate filedwith any such state or local officer by the dormitory authority pursuantto the provisions of this subdivision.
* 19. For purposes of this section, the following provisions shallapply to powers in connection with the purchase and renovation of a newsite for the library for the blind and physically handicapped by thedormitory authority pursuant to this title:
a. Notwithstanding the provisions of any general or special law to thecontrary, and subject to the making of annual appropriations therefor bythe legislature, in order to assist the dormitory authority in thepurchase and renovation of a site in the county of New York for thelibrary for the blind and physically handicapped, and in considerationof the undertaking thereof and the benefits to be derived therefrom bythe people of the state, the director of the budget is authorized in anystate fiscal year to enter into one or more service contracts, none ofwhich shall exceed thirty years in duration, with the dormitoryauthority, upon such terms as the director of the budget and thedormitory authority agree;
b. Any service contract entered into pursuant to paragraph a of thissubdivision or any payments made or to be made thereunder may beassigned and pledged by the dormitory authority as security for itsbonds and notes;
c. Any such service contract shall provide that the obligation of thedirector of the budget or of the state to fund or to pay the amountstherein provided for shall not constitute a debt of the state within themeaning of any constitutional or statutory provision in the event thedormitory authority assigns or pledges service contract payments assecurity for its bonds or notes and shall be deemed executory only tothe extent moneys are available and that no liability shall be incurredby the state beyond the moneys available for the purpose, and that suchobligation is subject to annual appropriation by the legislature;
d. Any service contract or contracts for projects entered intopursuant to this subdivision shall provide for state commitments toprovide annually to the dormitory authority a sum or sums, upon suchterms and conditions as shall be deemed appropriate by the director ofthe budget, to fund, or to fund the debt service requirements of anybonds or notes, including bonds issued to fund any required debt servicereserve requirement for bonds, of the dormitory authority issued to fundsuch projects having a cost not in excess of sixteen million dollars;and
e. The New York public library, Astor, Lenox and Tilden foundationsshall not be required to pledge all or any part of its moneys, earnings,income, revenues, accounts, contract rights, general intangibles, otherpersonal property, or assets to secure bonds issued by the dormitoryauthority to finance the purchase and renovation of a new site for thelibrary for the blind and physically handicapped. The dormitoryauthority shall possess and retain all the rights, title and interest inand to the assets acquired with the proceeds of a bond or bonds issuedpursuant to this subdivision provided, however, that upon payment of alloutstanding debt service due on such bond or bonds all rights, title andinterest in and to such assets shall without any further payment by thestate of New York be vested in the state of New York. Within amountsprovided by the dormitory authority, the New York public library, Astor,Lenox and Tilden foundation shall be responsible for the conduct ofnecessary renovations of the acquired site.
* NB There are 4 sub 19's
* 19. For purposes of this section, the following provisions shallapply to powers in connection with the provision of dormitories for NewHope Community, Inc., by the dormitory authority pursuant to this title.
Except to the extent otherwise prohibited by law, New Hope Community,Inc., shall have full power and authority to assign and pledge to thedormitory authority any and all public funds to be apportioned orotherwise made payable by the federal government, any agency thereof,the state of New York, a political subdivision, as defined in sectionone hundred of the general municipal law, or any social servicesdistrict in the state of New York in an amount sufficient to make allpayments required to be made by any such organization pursuant to anylease, sublease or other agreement entered into between suchorganization and the dormitory authority.
All state and local officers are hereby authorized and required to payall such funds so assigned and pledged to the dormitory authority or,upon the direction of the dormitory authority, to any trustee of anydormitory authority bond or note issued pursuant to a certificate filedwith any such state or local officer by the dormitory authority pursuantto the provisions of this subdivision.
* NB There are 4 sub 19's
* 19. (a) The dormitory authority is empowered and authorized to enterinto a lease, sublease or other agreement with the state universityconstruction fund pursuant to which one or more state universityeducational facilities are to be designed, acquired, constructed,reconstructed, rehabilitated, improved or otherwise provided, or stateuniversity educational facilities are to be furnished or equipped,provided that such lease, sublease, or other agreement has been approvedby the state university of New York, which shall be a party thereto.Such lease, sublease or other agreement may provide for the payment ofannual rentals and other payments by the state university constructionfund to the authority and contain such other terms and conditions as maybe agreed upon by the parties thereto, including, but not limited to,provisions relating to the maintenance and operation of the stateuniversity educational facilities, the establishment of reserve funds,indemnities and the disposition of a facility or the interest of theauthority therein prior to or upon the termination or expiration of suchlease, sublease or other agreement. Such lease, sublease or otheragreement shall be subject to the approval of the director of thebudget.
(b) Notwithstanding the provisions of the public lands law or anyother law to the contrary, the state of New York, the state universityof New York and the state university construction fund may sell, convey,lease, exchange or otherwise make available to the authority, fornominal consideration, the title to or an interest in real property forthe purpose of providing state university educational facilities and mayenter into any lease, sublease or other agreement with the authority inconnection with state university educational facilities without publicauction or bidding or restriction as to the term of such lease, subleaseor other agreement.
(c) Subject to the provisions of chapter fifty-nine of the laws of twothousand, the dormitory authority shall not issue any bonds for stateuniversity educational facilities purposes if the principal amount ofbonds to be issued when added to the aggregate principal amount of bondsissued by the dormitory authority on and after July first, nineteenhundred eighty-eight for state university educational facilities willexceed eighteen billion nine hundred eighty-eight million one hundredsixty-four thousand dollars $18,988,164,000; provided, however, thatbonds issued or to be issued shall be excluded from such limitation if:(1) such bonds are issued to refund state university construction bondsand state university construction notes previously issued by the housingfinance agency; or (2) such bonds are issued to refund bonds of theauthority or other obligations issued for state university educationalfacilities purposes and the present value of the aggregate debt serviceon the refunding bonds does not exceed the present value of theaggregate debt service on the bonds refunded thereby; provided, furtherthat upon certification by the director of the budget that the issuanceof refunding bonds or other obligations issued between April first,nineteen hundred ninety-two and March thirty-first, nineteen hundredninety-three will generate long term economic benefits to the state, asassessed on a present value basis, such issuance will be deemed to havemet the present value test noted above. For purposes of thissubdivision, the present value of the aggregate debt service of therefunding bonds and the aggregate debt service of the bonds refunded,shall be calculated by utilizing the true interest cost of the refundingbonds, which shall be that rate arrived at by doubling the semi-annualinterest rate (compounded semi-annually) necessary to discount the debtservice payments on the refunding bonds from the payment dates thereofto the date of issue of the refunding bonds to the purchase price of therefunding bonds, including interest accrued thereon prior to theissuance thereof. The maturity of such bonds, other than bonds issued torefund outstanding bonds, shall not exceed the weighted average economiclife, as certified by the state university construction fund, of thefacilities in connection with which the bonds are issued, and in anycase not later than the earlier of thirty years or the expiration of theterm of any lease, sublease or other agreement relating thereto;provided that no note, including renewals thereof, shall mature laterthan five years after the date of issuance of such note. The legislaturereserves the right to amend or repeal such limit, and the state of NewYork, the dormitory authority, the state university of New York, and thestate university construction fund are prohibited from covenanting ormaking any other agreements with or for the benefit of bondholders whichmight in any way affect such right.
(d) (1) (i) Notwithstanding any other provision of law, the bonds ofthe authority issued for state university educational facilitiespurposes shall be sold to the bidder offering the lowest true interestcost, taking into consideration any premium or discount, not less thanfour nor more than fifteen days, Sundays excepted, after a notice ofsuch sale has been published at least once in a newspaper of generalcirculation in the area served by the authority, which shall state theterms of the sale. The terms of the sale may not change unless notice ofsuch change is published in such newspaper at least one day prior to thedate of the sale as set forth in the original notice of sale.Advertisem*nts shall contain a provision to the effect that theauthority, in its discretion, may reject any or all bids made inpursuance of such advertisem*nts, and in the event of such rejection,the authority is authorized to negotiate a private or public sale orreadvertise for bids in the form and manner above described as manytimes as, in its judgment, may be necessary to effect a satisfactorysale.
(ii) Notwithstanding the provisions of clause (i) of thissubparagraph, whenever in the judgment of the authority the interest ofthe authority will be served thereby, the members of the authority, onthe written recommendation of the executive director, may authorize thesale of such bonds at private or public sale on a negotiated basis or oneither a competitive or negotiated basis. The authority shall setguidelines governing the terms and conditions of any such private orpublic sales.
(2) The private or public bond sale guidelines set by the authorityshall include, but not be limited to, a requirement that where theinterests of the state will be served by a private or public sale ofbonds, the authority shall select underwriters for private or publicbond sales conducted pursuant to a request for proposal processundertaken in accordance with the authority's procurement guidelinesadopted pursuant to section twenty-eight hundred seventy-nine of thischapter from qualified underwriters taking into account, among otherthings, qualifications of underwriters as to experience, their abilityto structure and sell authority bond issues, anticipated costs to theauthority, the prior experience of the authority with the firm, and, ifany, the capitalization of such firms.
(3) The authority shall have the power from time to time to amend suchprivate or public bond sale guidelines in accordance with the provisionsof this section.
(4) No such private or public bond sale on a negotiated basis shall beconducted by the authority without prior approval of the comptroller.
(5) The authority shall annually prepare and approve a bond salereport which shall include the private or public bond sale guidelines asspecified in subparagraph two of this paragraph, amendments to suchguidelines since the last private or public bond sale report, anexplanation of the bond sale guidelines and amendments, and the resultsof any sale of bonds conducted during the fiscal year. Such bond salereport may be a part of any other annual report that the authority isrequired to make.
(6) (i) The authority shall annually submit its bond sale report tothe comptroller and copies thereof to the senate finance committee andthe assembly ways and means committee.
(ii) The authority shall make available to the public copies of itsbond sale report upon reasonable request therefor.
(7) Nothing contained in this paragraph shall be deemed to alter,affect the validity of, modify the terms of or impair any contract oragreement made or entered into in violation of, or without compliancewith, the provisions of this section.
(e) The state shall, in addition to any other moneys appropriated andmade available for the support of the state university of New York,annually appropriate and pay to the state university construction fundan amount equal to the aggregate of all annual rentals and otherpayments due to the dormitory authority from the state universityconstruction fund on account of state university educational facilities,which rentals and other payments are payable by the fund pursuant to anylease, sublease or other agreement entered into between the dormitoryauthority and the state university construction fund on or after Julyfirst, nineteen hundred eighty-eight, for the year commencing Aprilfirst immediately succeeding the filing of the report required to besubmitted by the state university construction fund pursuant tosubdivision two of section three hundred eighty-two of the educationlaw. Such amount shall be paid to the state university construction fundas follows:
(1) on or before the fifteenth day of September of the fiscal year ofthe state, the amount required to be paid by the state universityconstruction fund on account of state university educational facilitiesunder any such lease, sublease or other agreement on or before the tenthday of October of such state fiscal year;
(2) no later than three business days prior to the tenth day of Aprilof the fiscal year of the state, the amount required to be paid by thestate university construction fund on account of state universityeducational facilities under any such lease, sublease or other agreementon or before the tenth day of April of such state fiscal year; and
(3) on such day or days as shall be prescribed under any such lease,sublease, or other agreement, the amount required to be paid by thestate university construction fund for the purpose of making paymentsunder any interest rate exchange or similar agreements entered intopursuant to article five-D of the state finance law for state universityeducational facilities.
Notwithstanding any other provision of law, the state comptrollershall annually encumber that portion of the amount appropriated forpayment to the state university construction fund equal to the amountrequired to be paid pursuant to subparagraphs two and three of thisparagraph in the fiscal year following the year in which theappropriation is made pursuant to any lease, sublease or other agreementbetween the fund, the authority and the state university of New Yorkwith respect to authority bonds issued or interest rate exchange andsimilar agreements entered into for state university educationalfacilities, before the end of the fiscal year in which the appropriationis made. The amount so encumbered shall be payable to the fund pursuantto subparagraphs two and three of this paragraph, in the mannerprescribed by law.
In the event of the failure of the state to pay the state universityconstruction fund when due pursuant to this subdivision all or part ofsuch amounts, the state university construction fund shall forthwithmake and deliver to the state comptroller a certificate stating theamount of the payment required to have been made by the state, theamount paid by the state and the amount remaining unpaid by the state.The state comptroller, after giving written notice to the director ofthe budget, shall pay to the state university construction fund theamount set forth in such certificate as remaining unpaid, which amountshall be paid from any moneys appropriated by the state for or onaccount of the operating costs of the state university of New York andnot yet paid. The amount required to be paid by the state comptrollerpursuant to this subdivision shall be paid to the state universityconstruction fund as soon as practicable after receipt of thecertificate of the state university construction fund and notice to thedirector of the budget is given, whether or not the moneys from whichsuch payment is to be made are then due and payable to the stateuniversity.
(f) The amount of state appropriations payable to the state universityof New York from which the state comptroller has made a payment pursuantto this subdivision shall be reduced by the amount so paid to the stateuniversity construction fund, notwithstanding the amount appropriatedand apportioned by the state to the state university of New York, andthe state shall not be obligated to make and the state university of NewYork shall not be entitled to receive any additional apportionment orpayment of state moneys.
(g) The amount of money required to be paid pursuant to thissubdivision shall be determined from the report required to be submittedby the state university construction fund pursuant to subdivision two ofsection three hundred eighty-two of the education law. Nothing containedin this subdivision shall be construed to create an obligation upon thestate to appropriate moneys for or on account of the operating costs ofstate university educational facilities, to preclude the state fromreducing the amount of moneys appropriated or level of support providedfor the operating costs of the state university of New York from theamount appropriated or level of support provided in any prior statefiscal year, or to preclude the state from altering or modifying themanner in which it provides for the operating costs of the stateuniversity of New York.
* NB There are 4 sub 19's
* 19. For purposes of this section, the following provisions shallapply to powers in connection with the provision of dormitories forUnited Cerebral Palsy of New York City, Inc. by the dormitory authoritypursuant to this title.
Except to the extent otherwise prohibited by law, United CerebralPalsy of New York City, Inc. shall have full power and authority toassign and pledge to the dormitory authority any and all public funds tobe apportioned or otherwise made payable by the state of New York, apolitical subdivision, as defined in section one hundred of the generalmunicipal law, or any social services district in the state of New Yorkin an amount sufficient to make all payments required to be made by anysuch organization pursuant to any lease, sublease or other agreemententered into between such organization and the dormitory authority.
All state and local officers are hereby authorized and required to payall such funds so assigned and pledged to the dormitory authority or,upon the direction of the dormitory authority, to any trustee of anydormitory authority bond or note issue pursuant to a certificate filedwith any such state or local officer by the dormitory authority pursuantto the provisions of this subdivision.
* NB There are 4 sub 19's
20. Subject to the provisions of any lease, sublease or otheragreement with the state university of New York and state universityconstruction fund or with the city university of New York and the cityuniversity construction fund to the contrary, in any case where theauthority and the respective fund are authorized to and have agreed thatthe authority will award contracts for the design and construction of aproject, the authority shall prepare or cause to be prepared a facilitydesign and performance plan with the state university of New York andstate university construction fund or with the city university of NewYork and the city university construction fund. Such plan shall setforth the terms and conditions associated with the constructionmanagement process, including, but not limited to, provisions relatingto the selection of architects, construction consultants, constructionmanagers and contractors, the relative responsibilities of the authorityand the respective fund with respect to the initial project budget, thepreparation of working drawings and budgets, the project constructionprocess, beneficial occupancy including formal notifications, punchlists and acceptance by all parties, notification of constructioncompletion, project close-out, and the commencement of responsibilityfor maintenance of the facility. Such plan shall also include provisionsrelating to the responsibility of the authority to require appropriateperformance and surety bonds, the diligent pursuit by the authority ofremedies against architects, contractors and sureties deemed to be indefault in the performance of their obligations, and, generally, themanagement of the construction process in a professional manner inaccordance with prevailing construction industry standards. Theauthority shall submit the facility design and performance plan to therespective fund for inclusion in the capital program plan submitted bythe respective university to the director of the budget.
* 21. For the purposes of this section, the following provisions shallapply to powers in connection with the acquisition, financing,refinancing, construction, reconstruction, improvement, renovation,development, expansion, furnishing, equipping or otherwise providing fora new school building and provision of dormitories for the WestchesterSchool for Special Children, Westchester county, hereinafter called theorganization, by the authority pursuant to this title.
Notwithstanding any other provision of law, the organization shallhave full power and authority to assign and pledge to the authority anyand all public funds to be apportioned or otherwise made payable by thestate, a political subdivision, as defined in section one hundred of thegeneral municipal law, or any social services district in the state inan amount sufficient to make all payments required to be made by anysuch organization pursuant to any lease, sublease or other agreemententered into between such organization and the authority.
All state and local officers are hereby authorized and required to payall such funds so assigned and pledged to the authority or upon thedirection of the authority, to any trustee of any authority bond or noteissued pursuant to a certificate filed with any such state or localofficer by the authority pursuant to the provisions of this section.
No agreement or lease by such organization shall be effective unlessand until it is approved by or on behalf of the commissioners of thevarious state agencies that have jurisdiction over the project.
* NB There are 3 sub 21's
* 21. For the purposes of this section, the following provisions shallapply to powers in connection with the construction of a new schoolbuilding and provision of dormitories for the Guided Growth, Inc. ofHawthorne, Westchester county, hereinafter called the organization, bythe authority pursuant to this title.
Notwithstanding any other provision of law, the organization shallhave full power and authority to assign and pledge to the authority anyand all public funds to be apportioned or otherwise made payable by thestate, a political subdivision, as defined in section one hundred of thegeneral municipal law, or any social services district in the state inan amount sufficient to make all payments required to be made by anysuch organization pursuant to any lease, sublease or other agreemententered into between such organization and the authority.
All state and local officers are hereby authorized and required to payall such funds so assigned and pledged to the authority or upon thedirection of the authority, to any trustee of any authority bond or noteissued pursuant to a certificate filed with any such state or localofficer by the authority pursuant to the provisions of this section.
No agreement or lease by such organization shall be effective unlessand until it is approved by or on behalf of the commissioners of thevarious state agencies that have jurisdiction over the project.
* NB There are 3 sub 21's
* 21. For the purposes of this section, the following provisions shallapply to powers in connection with the provision of dormitories forSaint Christopher-Ottilie, Nassau county, hereinafter called theorganization, by the authority pursuant to this title.
Notwithstanding any other provision of law, the organization shallhave full power and authority to assign and pledge to the authority anyand all public funds to be apportioned or otherwise made payable by thestate, a political subdivision, as defined in section one hundred of thegeneral municipal law, or any social services district in the state inan amount sufficient to make all payments required to be made by anysuch organization pursuant to any lease, sublease or other agreemententered into between such organization and the authority.
All state and local officers are hereby authorized and required to payall such funds so assigned and pledged to the authority or upon thedirection of the authority, to any trustee of any authority bond or noteissued pursuant to a certificate filed with any such state or localofficer by the authority pursuant to the provisions of this section.
No agreement or lease by such organization shall be effective unlessand until it is approved by or on behalf of the commissioners of thevarious state agencies that have jurisdiction over the project.
* NB There are 3 sub 21's
* 22. For purposes of this section, the following provisions shallapply to powers in connection with the provision of dormitories for TheNational Center for the Study of Wilson's Disease, Inc. by the dormitoryauthority pursuant to this title.
Except to the extent otherwise prohibited by law, The National Centerfor the Study of Wilson's Disease, Inc. shall have full power andauthority to assign and pledge to the dormitory authority any and allpublic funds to be apportioned or otherwise made payable by the state ofNew York, a political subdivision, as defined in section one hundred ofthe general municipal law, or any social services district in the stateof New York in an amount sufficient to make all payments required to bemade by any such organization pursuant to any lease, sublease or otheragreement entered into between such organization and the dormitoryauthority.
All state and local officers are hereby authorized and required to payall such funds so assigned and pledged to the dormitory authority or,upon the direction of the dormitory authority, to any trustee of anydormitory authority bond or note issued pursuant to a certificate filedwith any such state or local officer by the dormitory authority pursuantto the provisions of this subdivision.
* NB There are 3 sub 22's
* 22. For the purposes of this section, the following provisions shallapply to powers in connection with the provision of dormitories forOrange County Cerebral Palsy Association, Inc., hereinafter called theorganization, by the authority pursuant to this title.
Notwithstanding any other provision of law, the organization shallhave full power and authority to assign and pledge to the authority anyand all public funds to be apportioned or otherwise made payable by thestate, a political subdivision, as defined in section one hundred of thegeneral municipal law, or any social services district in the state inan amount sufficient to make all payments required to be made by anysuch organization pursuant to any lease, sublease or other agreemententered into between such organization and the authority.
All state and local officers are hereby authorized and required to payall such funds so assigned and pledged to the authority or upon thedirection of the authority, to any trustee of any authority bond or noteissued pursuant to a certificate filed with any such state or localofficer by the authority pursuant to the provisions of this section.
No agreement or lease by such organization shall be effective unlessand until it is approved by or on behalf of the commissioners of thevarious state agencies that have jurisdiction over the project.
* NB There are 3 sub 22's
* 22. For the purposes of this section, the following provisions shallapply to powers in connection with the provision of facilities forWildwood Programs, Inc. (formerly a school building for the WildwoodSchool program of New York Association for the Learning Disabled,Capital District Chapter, Inc.) by the dormitory authority pursuant tothis title.
Except to the extent otherwise prohibited by law, Wildwood Programs,Inc., (formerly New York Association for the Learning Disabled, CapitalDistrict Chapter, Inc.) shall have full power and authority to assignand pledge to the dormitory authority any and all public funds to beapportioned or otherwise made payable by the state of New York, apolitical subdivision, as defined in section one hundred of the generalmunicipal law, or any social services district in the state of New Yorkin an amount sufficient to make all payments required to be made by anysuch organization pursuant to any lease, sublease, or other agreemententered into between such organization and the dormitory authority.
All state and local officers are hereby authorized and required to payall such funds so assigned and pledged to the dormitory authority or,upon the direction of the dormitory authority, to any trustee of anydormitory authority bond or note issued pursuant to a certificate filedwith any such state or local officer by the dormitory authority pursuantto the provisions of this subdivision.
* NB There are 3 sub 22's
25. For the purposes of this section, the following provisions shallapply to powers in connection with the provision of dormitories for TheDevereux Foundation by the dormitory authority pursuant to this title.
Except to the extent otherwise prohibited by law, The DevereuxFoundation shall have full power and authority to assign and pledge tothe dormitory authority any and all public funds to be apportioned orotherwise made payable by the state of New York, a politicalsubdivision, as defined in section one hundred of the general municipallaw, or any social services district in the state of New York in anamount sufficient to make all payments required to be made by any suchorganization pursuant to any lease, sublease or other agreement enteredinto between such organization and the dormitory authority.
All state and local officers are hereby authorized and required to payall such funds so assigned and pledged to the dormitory authority or,upon the direction of the dormitory authority, to any trustee of anydormitory authority bond or note issued pursuant to a certificate filedwith any such state or local officer by the dormitory authority pursuantto the provisions of this subdivision.
26. a. The dormitory authority is empowered and authorized to enterinto a lease, sublease or other agreement with the department of healthof the state of New York pursuant to which one or more facilities are tobe designed, acquired, constructed, reconstructed, rehabilitated,improved or otherwise provided for the department of health, or suchfacilities are to be furnished or equipped. Such lease, sublease orother agreement may provide for the payment of annual rentals and otherpayments by the department of health to the authority fromappropriations, as provided in paragraph c of this subdivision andcontain such other terms and conditions as may be agreed upon by theparties thereto, including, but not limited to, provisions relating tothe maintenance and operation of the facilities, the establishment ofreserve funds, indemnities and the disposition of a facility or theinterest of the authority therein prior to or upon the termination orexpiration of such lease, sublease or other agreement. Such lease,sublease or other agreement shall be subject to the approval of thedirector of the budget.
b. Any such lease, sublease or other agreement entered into pursuantto this subdivision may provide that the provisions thereof shall remainin force and effect until the issue of bonds of the authority to whichit relates, together with interest thereon, interest on any unpaidinstallments of interest and the fees and expenses of the authority, arefully met and discharged, and any payments to be made by the state maybe pledged by the authority to secure such bonds.
c. The state shall, in addition to any other moneys appropriated andmade available for the support of the department of health, annuallyappropriate and pay to the dormitory authority an amount equal to theaggregate of all annual rentals and other payments due to the dormitoryauthority from the department of health on account of facilities for thedepartment of health, which rentals and other payments are payable bythe department of health pursuant to any lease, sublease or otheragreement entered into between the dormitory authority and thedepartment of health on or after July first, nineteen hundredeighty-nine, for the year commencing April first immediately succeedingthe filing of the report required to be submitted by the department ofhealth pursuant to paragraph d of this subdivision. Such amount shall bepaid to the dormitory authority as follows: (i) on or before thefifteenth day of May for the fiscal year of the state, the amountrequired to be paid by the department of health on account of facilitiesfor the department of health under any such lease, sublease or otheragreement; and, (ii) on or before the fifteenth day of November of thefiscal year of the state, the amount required to be paid by thedepartment of health under any such lease, sublease or other agreement.The amount of money required to be paid pursuant to this subdivisionshall be determined from the report required to be submitted by thecommissioner of health pursuant to paragraph d of this subdivision.
d. On or before November fifteenth of each year, the commissioner ofhealth shall submit and thereafter may resubmit, to the director of thebudget, the state comptroller, the chairperson of the senate financecommittee and the chairperson of the assembly ways and means committee,a report setting forth the amounts, if any, of all annual rentals andother payments estimated to become due in the succeeding state fiscalyear to the dormitory authority from the department of health pursuantto any lease, sublease or other agreement between the dormitoryauthority and the department of health entered into on or after Julyfirst, nineteen hundred eighty-nine, to provide facilities for thedepartment of health.
* 27. a. The dormitory authority is empowered and authorized to enterinto a lease, sublease or other agreement with the commissioner ofeducation of the state of New York pursuant to which one or morefacilities are to be designed, acquired, constructed, reconstructed,rehabilitated, improved or otherwise provided for the educationdepartment or such facilities are to be furnished or equipped. Suchlease, sublease or other agreement may provide for the payment of annualrentals and other payments by the education department to the dormitoryauthority from appropriations, as provided in paragraph c of thissubdivision, and contain such other terms and conditions as may beagreed upon by the parties thereto, including, but not limited to,provisions relating to the maintenance and operation of the facilities,the establishment of reserve funds, indemnities and the disposition of afacility or the interest of the dormitory authority therein, if any,prior to or upon the termination or expiration of such lease, subleaseor other agreement. Such lease, sublease or other agreement shall besubject to the approval of the director of the budget.
b. Any such lease, sublease or other agreement entered into pursuantto this subdivision may provide that the provisions thereof shall remainin force and effect until the issue of bonds of the dormitory authorityto which it relates, together with interest thereon, interest on anyunpaid installments of interest and the fees and expenses of thedormitory authority, are fully met and discharged, and any payments tobe made by the state may be pledged by the dormitory authority to securesuch bonds.
c. The state shall, in addition to any other moneys appropriated andmade available for the support of the education department, annuallyappropriate to the education department for payment to the dormitoryauthority an amount equal to the aggregate of all annual rentals andother payments due to the dormitory authority from the educationdepartment on account of facilities for the education department whichrentals and other payments are payable by the education departmentpursuant to any lease, sublease or other agreement entered into betweenthe dormitory authority and the education department on or after Julyfirst, nineteen hundred ninety for the year commencing April first,immediately succeeding the filing of the report required to be submittedby the education department pursuant to paragraph d of this subdivision.Such amount shall be paid to the dormitory authority as follows: (i) onor before the fifteenth day of March for the fiscal year of the state,the amount required to be paid by the education department on account offacilities for the education department under any such lease, subleaseor other agreement; and, (ii) on or before the fifteenth day ofSeptember of the fiscal year of the state, the amount required to bepaid by the education department under any such lease, sublease or otheragreement. The amount of money required to be paid pursuant to thissubdivision shall be determined from the report required to be submittedby the commissioner of education pursuant to paragraph d of thissubdivision.
d. On or before November fifteenth of each year, the commissioner ofeducation shall submit and thereafter may resubmit, to the director ofthe budget, the state comptroller, the chairperson of the senate financecommittee and the chairperson of the assembly ways and means committee,a report setting forth the amounts, if any, of all annual rentals andother payments estimated to become due in the succeeding state fiscalyear to the dormitory authority from the education department pursuantto any lease, sublease or other agreement between the dormitoryauthority and the commissioner of education entered into on or afterJuly first, nineteen hundred ninety to provide facilities for theeducation department.
e. The dormitory authority shall not issue obligations for theprovision of a facility for the education department unless acertificate of availability has been approved by the director of thebudget and an appropriation for such facility has been enacted. Exceptfor notes or bonds issued to refund outstanding bonds, no notes or bondsshall be issued for the purposes authorized by this subdivision afterthe thirty-first day of March, nineteen hundred ninety-nine.
f. Any contract entered into by the dormitory authority for theconstruction, reconstruction, rehabilitation or improvement of anybuilding which constitutes all or part of a facility for the educationdepartment of the state of New York, shall comply with the provisions ofsection one hundred thirty-five of the state finance law.
* NB There are 3 sub 27's
* 27. For purposes of this section, the following provisions shallapply to powers in connection with the provision of dormitories forVesta Community Housing Development Board, Inc. of Altamont by thedormitory authority pursuant to title four of article eight of thischapter.
Except to the extent otherwise prohibited by law, Vesta CommunityHousing Development Board, Inc. of Altamont shall have full power andauthority to assign and pledge to the dormitory authority any and allpublic funds to be apportioned or otherwise made payable by the state ofNew York, a political subdivision, as defined in section one hundred ofthe general municipal law, or any social services district in the stateof New York in an amount sufficient to make all payments required to bemade by any such organization pursuant to any lease, sublease or otheragreement entered into between such organization and the dormitoryauthority.
All state and local officers are hereby authorized and required to payall such funds so assigned and pledged to the dormitory authority or,upon the direction of the dormitory authority, to any trustee of anydormitory authority bond or note issue pursuant to a certificate filedwith any such state or local officer by the dormitory authority pursuantto the provisions of this subdivision.
No agreement or lease by such organization shall be effective unlessand until it is approved by or on behalf of the commissioners of thevarious state agencies that have jurisdiction over the project.
* NB There are 3 sub 27's
* 27. For the purposes of this section, the following provisions shallapply to powers in connection with the construction of new facilitiesfor a diagnostic and evaluation program and a pre-independent livingprogram and to expand existing facilities in a special education schoolfor Gateway Youth and Family Services, hereinafter called theorganization, by the authority pursuant to this title.
Notwithstanding any other provision of law, the organization shallhave full power and authority to assign and pledge to the authority anyand all public funds to be apportioned or otherwise made payable by thestate, a political subdivision, as defined in section one hundred of thegeneral municipal law, or any social services district in the state inan amount sufficient to make all payments required to be made by anysuch organization pursuant to any lease, sublease or other agreemententered into between such organization and the authority.
All state and local officers are hereby authorized and required to payall such funds so assigned and pledged to the authority or upon thedirection of the authority, to any trustee of any authority bond or noteissued pursuant to a certificate filed with any such state or localofficer by the authority pursuant to the provisions of this section.
No agreement or lease by such organization shall be effective unlessand until it is approved by or on behalf of the commissioners of thevarious state agencies that have jurisdiction over the project.
* NB There are 3 sub 27's
* 28. For purposes of this section, the following provisions shallapply to powers in connection with the provision of dormitories for theOrleans County Chapter-New York State Association of Retarded Children,Inc. by the dormitory authority pursuant to this title.
Except to the extent otherwise prohibited by law, the Orleans CountyChapter-New York State Association of Retarded Children, Inc. shall havefull power and authority to assign and pledge to the dormitory authorityany and all public funds to be apportioned or otherwise made payable bythe state of New York, a political subdivision, as defined in sectionone hundred of the general municipal law, or any social servicesdistrict in the state of New York in an amount sufficient to make allpayments required to be made by any such organization pursuant to anylease, sublease or other agreement entered into between suchorganization and the dormitory authority.
All state and local officers are hereby authorized and required to payall such funds so assigned and pledged to the dormitory authority or,upon the direction of the dormitory authority, to any trustee of anydormitory authority bond or note issued pursuant to a certificate filedwith any such state or local officer by the dormitory authority pursuantto the provisions of this subdivision.
* NB There are 3 sub 28's
* 28. For purposes of this section, the following provisions shallapply to powers in connection with the provision of dormitories for theNew York State Association for Retarded Children, Inc., WestchesterCounty Chapter by the dormitory authority pursuant to this title.
Except to the extent otherwise prohibited by law, the New York StateAssociation for Retarded Children, Inc., Westchester County Chaptershall have full power and authority to assign and pledge to thedormitory authority any and all public funds to be apportioned orotherwise made payable by the state of New York, a politicalsubdivision, as defined in section one hundred of the general municipallaw, or any social services district in the State of New York in anamount sufficient to make all payments required to be made by any suchorganization pursuant to any lease, sublease or other agreement enteredinto between such organization and the dormitory authority.
All state and local officers are hereby authorized and required to payall such funds so assigned and pledged to the dormitory authority, toany trustee of any dormitory authority bond or note issued pursuant to acertificate filed with any such state or local officer by the dormitoryauthority pursuant to the provisions of this subdivision.
* NB There are 3 sub 28's
* 28. For purposes of this section, the following provisions shallapply to powers in connection with the provision of dormitories for theNew York State Association for Retarded Children,Inc.-Livingston-Wyoming County Chapter by the dormitory authoritypursuant to this title.
Except to the extent otherwise prohibited by law, the New York StateAssociation for Retarded Children, Inc.-Livingston-Wyoming CountyChapter shall have full power and authority to assign and pledge to thedormitory authority any and all public funds to be apportioned orotherwise made payable by the state of New York, a politicalsubdivision, as defined in section one hundred of the general municipallaw, or any social services district in the state of New York in anamount sufficient to make all payments required to be made by any suchorganization pursuant to any lease, sublease or other agreement enteredinto between such organization and the dormitory authority.
All state and local officers are hereby authorized and required to payall such funds so assigned and pledged to the dormitory authority or,upon the direction of the dormitory authority, to any trustee of anydormitory authority bond or note issued pursuant to a certificate filedwith any such state or local officer by the dormitory authority pursuantto the provisions of this subdivision.
* NB There are 3 sub 28's
31. a. The dormitory authority may enter into leases, subleases orother agreements with private not-for-profit schools for the financingof and the design, construction, reconstruction, rehabilitation,improvement, renovation, acquisition or otherwise providing for,furnishing or equipping of capital facilities which are educationalfacilities where the total estimated cost of such facilities exceeds tenthousand dollars. The plans and specifications of such capitalfacilities shall be subject to the approval of the commissioner ofeducation with respect to educational facilities. Such capitalfacilities may be constructed only on land owned by such privatenot-for-profit school or, if the land is leased, where the lease is fora period at least equal to the appropriate period of probable usefulnessfor such facilities as listed in section 11.00 of the local finance law,or the length of the lease, sublease or other agreement with thedormitory authority, whichever is longer.
b. Each such private not-for-profit school shall, notwithstanding anyother provision of law, have the power to convey, lease, sublease orotherwise make available to the dormitory authority withoutconsideration, title or any other rights in real property satisfactoryto the dormitory authority.
c. In addition to providing for all other matters deemed necessary andproper, such leases, subleases and other agreements shall (1) requiresuch private not-for-profit school to pay to the dormitory authorityannual rentals which shall include the amount required to pay theprincipal of and interest on obligations of the dormitory authorityissued in relation to providing such facilities and all incidentalexpenses of the dormitory authority incurred in relation thereto, (2)require the private not-for-profit school to include an amountsufficient to meet its obligations under the lease, sublease or otheragreement in each proposed budget submitted during the term of thelease, sublease or other agreement, and (3) not be executed until suchcapital facilities are approved by the commissioner of education withrespect to educational facilities.
d. Title or other real property rights to the capital facilitiesfinanced pursuant to this section shall remain with the dormitoryauthority until the dormitory authority certifies to the commissioner ofeducation with respect to educational facilities and the comptroller thereceipt by it of the amount necessary to pay the total aggregate amountof annual rentals to the dormitory authority. At such time, title orother real property rights thereto shall be transferred by the dormitoryauthority to such private not-for-profit school for use for educationalpurposes. In order to avail itself of the provisions of this section,each such private not-for-profit school must also agree to continue tooperate a program for the education of children pursuant to contractwith public school districts or social services districts, and suchlease, sublease or other agreement with the dormitory authority shallprovide that, if the private not-for-profit school shall cease tooperate such a program at any time during the term of the agreement, thestate will have the option to take such title or other real propertyrights of the dormitory authority in land, buildings, equipment andother properties which the private not-for-profit school uses for itsprogram upon, subject to appropriations, payment by the state to thedormitory authority of the amount required to pay the total aggregateamount of annual rentals to the dormitory authority.
e. On or before November fifteenth of each year, the dormitoryauthority shall submit, and thereafter may resubmit, to the director ofthe budget, the state comptroller, the chairman of the senate financecommittee and the chairman of the assembly ways and means committee areport setting forth the amounts, if any, of all annual rentalsestimated to become due in the succeeding state fiscal year to thedormitory authority from the private not-for-profit school pursuant toany leases, subleases or other agreements between the dormitoryauthority and such private not-for-profit school to provide educationalfacilities for such private not-for-profit school. The state comptrollershall pay over to the dormitory authority pursuant to appropriationstherefor solely from moneys available in the private not-for-profitschool capital facilities financing reserve fund the amount set forth insuch report at the times and in the amounts set forth in the certificatefiled with the comptroller by the dormitory authority pursuant to clause(iv) of subparagraph two of paragraph f of this subdivision.
f. Method of payment; reserve fund. (1) Each private not-for-profitschool which elects to avail itself of the provisions of this sectionshall have established with the state comptroller a privatenot-for-profit school capital facilities financing reserve account whichshall be used to pay to the dormitory authority the annual rentalspayable to the dormitory authority by private not-for-profit schoolswhich have entered into leases, subleases or other agreements with thedormitory authority to provide educational facilities pursuant to theprovisions of this section. The dormitory authority shall identify tothe state comptroller and to the commissioner of education with respectto educational facilities, the private not-for-profit schools with whichit has leases, subleases or other agreements pursuant to this sectionand shall annually certify the amount of annual rentals required to bepaid pursuant to such leases, subleases or other agreements.
(2) (i) There is hereby established in the custody of the statecomptroller a special fund to be known as the private not-for-profitschool capital facilities financing reserve fund. Within such fund,there is hereby established a special account for each privatenot-for-profit school which enters into a lease, sublease or otheragreement with the dormitory authority pursuant to this section.
(ii) Notwithstanding the provisions of any other law, such fund shallconsist of part of the tuition payments from public school districts andsocial services districts as determined by the commissioner ofeducation. The comptroller shall maintain sufficient amounts in the fundin order to pay when due the annual rentals due to the dormitoryauthority from each such private not-for-profit school pursuant to anylease, sublease or other agreement entered into pursuant to theprovisions of this section. The dormitory authority shall certify to thestate comptroller the dates and amount of such annual payments asscheduled in its leases, subleases or other agreements with such privatenot-for-profit schools. The commissioner of education with respect toeducational facilities shall certify the amount of payments due the fundfrom public school districts and social services districts, respectivelyand such public school districts and social services districts shallmake such payments to the fund at such times as shall be prescribed bythe commissioner with respect to educational facilities, subject to theapproval of the director of the budget, and after consultation with thedormitory authority.
(iii) Revenues in any special account in the private not-for-profitschool capital facilities financing reserve fund may be commingled withany other monies in such fund. All deposits of such revenues with banksand trust companies shall be secured by obligations of the United Statesor of the state of New York or its political subdivisions. Suchobligations shall have a market value at least equal at all times to,but not less than, one hundred five percent of the amount of suchdeposits. All banks and trust companies are authorized to give securityfor such deposits. Any such revenues in such fund may, in the discretionof the comptroller, be invested in obligations of the United States orthe state or obligations the principal of and interest on which areguaranteed by the United States or by the state. Any interest earnedshall be credited to such fund.
(iv) Upon receipt by the comptroller of a certificate or certificatesfrom the dormitory authority that it requires a payment or payments fromthe appropriate special account established for a private not-for-profitschool in order for such private not-for-profit school to comply withany lease, sublease or other agreement pursuant to this section, each ofwhich certificates shall specify the required payment or payments andthe date when the payment or payments is required, the comptroller shallpay from such special account on or before the specified date or withinthirty days after receipt of such certificate or certificates, whicheveris later, to the paying agent designated by the dormitory authority inany such certificate, the amount or amounts so certified.
(v) All payments of money from the private not-for-profit schoolcapital facilities financing reserve fund shall be made on the audit andwarrant of the state comptroller.
g. Notwithstanding the provisions of any contract pursuant to articleeighty-one or eighty-nine of the education law between a social servicesdistrict or a public school district and a private not-for-profitschool. If the private not-for-profit school enters into a lease,sublease or other agreement with the dormitory authority pursuant tothis section, payments due from the public school district or socialservices district shall be made in accordance with the provisions ofthis chapter.
h. All state and local officials are authorized and required to takewhatever actions are necessary to carry out the provisions of thissection and the provisions of any leases, subleases or other agreementsentered into pursuant to this section, including making the requiredpayments to the dormitory authority.
i. Notwithstanding any other provision of law to the contrary, thedormitory authority may execute leases, subleases, or other agreementswith private not-for-profit schools authorized pursuant to this sectionand chapter six hundred ninety-eight of the laws of nineteen hundredninety-one for financing of the design, construction, rehabilitation,improvement, renovation, acquisition or provision, furnishing orequipping of capital facilities; provided, however, that during the twoyear period commencing July first, nineteen hundred ninety-five, theamount of bonds inclusive of principal, interest and issuance costs tobe issued for each individual lease, sublease, or other agreement shallnot exceed fifteen million dollars annually; and provided further thatthe total amount of such bonds for all such leases, subleases, oragreements with private not-for-profit schools during such periodexclusive of bonds for projects already approved by the division ofbudget as of such date shall not exceed one hundred fifteen milliondollars.
On or before September first of each year, the commissioner ofeducation shall submit to the chairs of the assembly ways and meanscommittee, the senate finance committee and the director of the budget,a capital plan for those projects expected to be bonded for privatenot-for-profit schools pursuant to this section, within such one hundredfifteen million dollar allowance. After application of the principles ofthe capital assets preservation program pursuant to education law, suchplan shall accord priority to health and safety considerations and shallspecify the name, location, estimated total cost of the project at thetime the project is to be bid, the anticipated bid date and theanticipated completion date and may contain any further recommendationsthe commissioner may deem appropriate.
* 32. For purposes of this section, the following provisions shallapply to powers in connection with the provision of dormitories forHospice, Buffalo by the dormitory authority pursuant to this title.
Except to the extent otherwise prohibited by law, Hospice, Buffaloshall have full power and authority to assign and pledge to thedormitory authority any and all public funds to be apportioned orotherwise made payable by the state of New York, a politicalsubdivision, as defined in section one hundred of the general municipallaw, or any social services district in the state of New York in anamount sufficient to make all payments required to be made by any suchorganization pursuant to any lease, sublease or other agreement enteredinto between such organization and the dormitory authority.
All state and local officers are hereby authorized and required to payall such funds assigned and pledged to the dormitory authority, to anytrustee of any dormitory authority bond or note issued pursuant to acertificate filed with any such state or local officer by the dormitoryauthority pursuant to the provisions of this subdivision.
* NB There are 2 sub 32's
* 32. (a) The dormitory authority is empowered and authorized to enterinto a lease, sublease or other agreement with the state universityconstruction fund pursuant to which an ambulatory care training facilityis to be acquired, designed, constructed, reconstructed, rehabilitated,improved or otherwise provided, and furnished and equipped, providedthat such lease, sublease or other agreement has been approved by thestate university of New York which shall be a party thereto. Such lease,sublease or other agreement may provide for the payment of annualrentals and other payments by the state university construction fund tothe dormitory authority and contain such other terms and conditions asmay be agreed upon by the parties thereto, including, but not limitedto, provisions relating to the maintenance and administration of theambulatory care training facility, the establishment of reserve funds,the amounts, the source, the pledge and the timing of payments of annualrentals and other payments by the fund to the authority indemnificationand the disposition of the facility or the interest of the authoritytherein, if any, prior to or upon the termination or expiration of suchlease, sublease or other agreement. Such lease, sublease or otheragreement shall be subject to the approval of the director of thebudget.
(b) Notwithstanding the provisions of the public lands law or anyother law to the contrary, the state of New York, the state universityof New York and the state university construction fund may sell, convey,lease, exchange or otherwise make available to the authority, fornominal consideration, the title to or an interest in real property forthe purpose of providing an ambulatory care training facility and mayenter into any lease, sublease or other agreement with the authority inconnection with an ambulatory care training facility without publicauction or bidding or restriction as to the term of such lease, subleaseor other agreement.
(c) The state university construction fund shall pay over to thedormitory authority, from amounts received by the fund from the tenants,subtenants and other users of the ambulatory care training facility thatare engaged in medical practice at the health sciences center at stateuniversity of New York at Stony Brook, pursuant to any lease, subleaseor other agreement between the fund and the university and such tenants,subtenants and other users, an amount equal to the annual rentals andother payments due to the authority from the fund pursuant to a lease,sublease or other agreement between the authority and the fund withrespect to the ambulatory care training facility. Any such lease,sublease or other agreement with any tenant, subtenant or other usershall be a general obligation of such tenant, subtenant or other user,as the case may be, and the aggregate amounts due under all such leases,subleases or other agreements shall at least equal the annual rentalsand other amounts due to the dormitory authority from the stateuniversity construction fund pursuant to the lease, sublease or otheragreement between the authority and the fund with respect to theambulatory care training facility. In addition, any lease, sublease orother agreement with any tenant, subtenant or other user of theambulatory care training facility shall provide that all revenuesreceived by the tenants, subtenants and other users including, but notlimited to, the revenues received by the medical clinical practicemanagement plan established pursuant to the policies of the board oftrustees of the state university of New York at the health sciencescenter at state university of New York at Stony Brook, shall be pledgedand assigned to the dormitory authority to the extent required to makethe annual rentals and other payments due to the authority from the fundpursuant to a lease, sublease or other agreement between the authorityand the fund with respect to the ambulatory care training facility tosecure the obligations of the state university construction fundundertaken pursuant thereto, and the authority shall have a first lienon any such revenues to the same extent. The state university of NewYork, the state university construction fund, any tenant, subtenant orother user which has entered into a lease, sublease or other agreementwith the state university construction fund and the university withrespect to the possession and use of such ambulatory care trainingfacility, and the medical clinical practice management plan at thehealth sciences center at state university of New York at Stony Brookacting by and through any authorized representatives thereof; shallagree in writing to the pledge and assignment of all such revenues. Suchpledge and assignment shall provide that (i) all revenues of suchmedical clinical practice management plan, including any amountsreceivable by the state university of New York from such medicalclinical practice management plan for the benefit of the stateuniversity of New York, shall be pledged and assigned to the dormitoryauthority, to the extent required to make the annual rentals and otherpayments due to the authority from the fund pursuant to a lease,sublease or other agreement between the authority and the fund withrespect to the ambulatory care training facility and the authority shallhave a first lien on any such revenues to the same extent to secure theobligations of the state university construction fund undertakenpursuant thereto; and (ii) the foregoing pledge and assignment shall bepursuant to the obligation under such medical clinical practicemanagement plan to reimburse the state for the costs of clinicalpractice in accordance with such clinical practice management plan. Anysuch pledge and assignment of revenues to the authority may be furtherpledged and assigned to the holders of obligations of the dormitoryauthority issued to finance the acquisition, design, construction,reconstruction, rehabilitation, improvement or other provisionfurnishing and equipping of the ambulatory care training facility or toa trustee acting on behalf of the holders of such obligations. To theextent not so pledged and assigned, revenues of such medical clinicalpractice management plan shall be available for any lawful purposes ofthe state university of New York health sciences center at Stony Brook.Notwithstanding the provisions of article fourteen of the civil servicelaw or any other law, rule or regulation to the contrary, neither thestate of New York, the state university of New York, the medicalclinical practice management plan at the state university of New York atStony Brook, nor any other person, corporation, organization or entityshall take any action in such manner as to impair or diminish the rightsand remedies of the dormitory authority pursuant to any such pledge andassignment and any lien or other security interest created pursuanthereto.
(d) In the event of the failure of the state university constructionfund to receive when due, either pursuant to the leases, subleases orother agreements with the tenants, subtenants or other users of theambulatory care training facility or pursuant to the pledge andassignment of the revenues of such tenants, subtenants or other users,including the pledge and assignment of revenues received by the medicalclinical practice management plan, amounts which, in the aggregate,equal the annual rentals and other payments required to be made by thefund to the dormitory authority pursuant to the lease, sublease or otheragreement between the fund and the authority with respect to theambulatory care training facility, and subject to the right of the stateuniversity construction fund to receive payments from the statecomptroller pursuant to the provisions of subdivision nineteen of thissection, as added by chapter six hundred seventy-eight of the laws ofnineteen hundred eighty-eight, the state university construction fundshall forthwith make and deliver to such state comptroller a certificatestating the amount of the aggregate payments required to have been madeby such tenants, subtenants or other users, the amount received fromsuch tenants, subtenants or other users and the amount remaining unpaidby such tenants, subtenants or other users. The state comptroller, aftergiving written notice to the director of the budget and the chancellorof state university of New York, shall pay the state universityconstruction fund the amount set forth in such certificate as remainingunpaid, which amount shall be paid from any moneys appropriated orallocated by the state for or on account of the activities of the stateuniversity of New York at Stony Brook hospital and not yet paid. Theamount required to be paid by the state comptroller pursuant to thissubdivision shall be paid to the state university construction fund assoon as practicable after receipt of the certificate of the stateuniversity construction fund and notice to the director of the budgetand the chancellor of the state university of New York is given, whetheror not the moneys from which such payment is to be made are then due andpayable to the state university.
(e) The amount of state appropriations and allocations payable to thestate university of New York for the Stony Brook hospital from which thestate comptroller has made a payment pursuant to this subdivision shallbe reduced by the amount so paid to the state university constructionfund, notwithstanding the amount appropriated or allocated andapportioned by the state to the state university of New York for theStony Brook hospital, and the state shall not be obligated to make andthe state university of New York shall not be entitled to receive forthe Stony Brook hospital any additional apportionment or payment ofstate moneys on account of said amount paid to the state universityconstruction fund.
(f) In the event of the failure of the state university constructionfund to receive when due, either pursuant to the leases, subleases orother agreements provided for in paragraph (c) of this subdivision orpursuant to the provisions of paragraph (d) of this subdivision, andsubject to the right of the state university construction fund toreceive payments from the state comptroller pursuant to the provisionsof subdivision nineteen of this section, as added by chapter six hundredseventy-eight of the laws of nineteen hundred eighty-eight, the stateuniversity construction fund shall forthwith make and deliver to suchstate comptroller a certificate stating the amount of the aggregatepayments required to have been made by such tenants, subtenants or otherusers. The state comptroller, after giving written notice to thedirector of the budget and the chancellor of state university of NewYork, shall pay the state university construction fund the amount setforth in such certificate as remaining unpaid, which amount shall bepaid from any moneys appropriated or allocated by the state for or onaccount of the operating costs of the state university of New York atStony Brook and not yet paid. The amount required to be paid by thestate comptroller pursuant to this subdivision shall be paid to thestate university construction fund as soon as practicable after receiptof the certificate of the state university construction fund and noticeto the director of the budget and the chancellor of state university ofNew York is given, whether or not the moneys from which such payment isto be made are then due and payable to the state university.
(g) The amount of state appropriations and allocations payable to thestate university of New York at Stony Brook from which the statecomptroller has made a payment pursuant to this subdivision shall bereduced by the amount so paid to the state university construction fund,notwithstanding the amount appropriated or allocated and apportioned bythe state to the state university of New York at Stony Brook and thestate shall not be obligated to make and the state university of NewYork at Stony Brook shall not be entitled to receive any additionalapportionment or payment of state moneys on account of said amount paidto the state university construction fund.
(h) Bonds issued by the dormitory authority pursuant to the provisionsof this subdivision to finance an ambulatory care training facilityshall not be subject to the provisions of such subdivision nineteen ofthis section.
* NB There are 2 sub 32's
33. Notwithstanding any other provision of law, subject to theapproval of the voters pursuant to sections two hundred fifty-five andtwo hundred sixty of the education law, a public library shall have fullpower and authority to assign and pledge to the dormitory authority anyand all public funds to be apportioned or otherwise made payable by thestate, or a political subdivision, as defined in section one hundred ofthe general municipal law, in an amount sufficient to make all paymentsrequired to be made by such public library pursuant to any agreemententered into between such public library and the dormitory authority.All state and local officers are hereby authorized and required to payall such funds so assigned and pledged to the dormitory authority orupon the direction of the authority to any trustee of any authority bondor note issued, pursuant to a certificate filed with any such state orlocal officer by the authority as required by such agreement.
34. a. Notwithstanding the provisions of any general or special law tothe contrary, and subject to the making of an annual appropriationtherefor by the legislature, in order to assist the dormitory authorityin providing for the financing of the payment of the remaining principalbalance of the amount to be amortized as defined in section sixteen-a ofthe retirement and social security law and interest accrued from Marchfirst, nineteen hundred ninety-six to the date of such payment of theremaining principal balance, into the pension accumulation fund and theNew York state public employees group life insurance plan, and inconsideration of the undertaking thereof and the benefits to be derivedtherefrom by the people of the state, the director of the budget isauthorized to enter into an agreement which shall not exceed ten yearsin duration with the dormitory authority, upon such terms as thedirector of the budget and the dormitory authority agree;
b. Any agreement entered into pursuant to paragraph a of thissubdivision or any payments made or to be made thereunder may beassigned and pledged by the dormitory authority as security for itsbonds and notes;
c. Any such agreement shall provide that the obligation of thedirector of the budget or of the state to fund or to pay the amountstherein provided for shall not constitute a debt of the state within themeaning of any constitutional or statutory provisions in the event thedormitory authority assigns or pledges the payments received pursuant tosuch agreement as security for its bonds or notes and shall be deemedexecutory only to the extent moneys are available and that no liabilityshall be incurred by the state beyond the moneys available for thatpurpose, and that such obligation is subject to annual appropriations bythe legislature;
d. Any agreement entered into pursuant to this subdivision shallprovide for state commitments to provide annually to the dormitoryauthority a sum or sums, upon such terms and conditions as shall bedeemed appropriate by the director of the budget, to fund the debtservice requirements of any bonds or notes of the dormitory authorityissued pursuant to this subdivision; and
e. The dormitory authority shall not issue its bonds or notes tofinance the amounts as described in paragraph a of this subdivision inan aggregate principal amount greater than seven hundred eighty-sevenmillion dollars; provided, however, that in addition to such bonds, theauthority may issue an aggregate principal amount of bonds sufficient tofund any reserve funds established in connection therewith, to providecapitalized interest on the bonds or notes and pay the costs incurred bythe authority in connection with the issuance and servicing of any ofsuch bonds.
35. (a) The dormitory authority is empowered and authorized to enterinto a lease, sublease, lease purchase, or other agreement with theoffice of general services of the state of New York on behalf of thedepartment of audit and control of the state of New York pursuant towhich one or more facilities are to be designed, acquired, constructed,reconstructed, rehabilitated, improved or otherwise provided for thedepartment of audit and control of the state of New York, the New Yorkstate and local employees' retirement system and the New York state andlocal police and fire retirement system and pursuant to which suchfacilities are to be furnished or equipped provided, however, that anycontract or lease for construction, reconstruction or rehabilitationauthorized by this subdivision shall be governed by article eight of thelabor law. Such lease, sublease, lease purchase, or other agreement mayprovide for the payment of annual rentals and other payments by thedepartment of audit and control of the state of New York to thedormitory authority from appropriations as provided in paragraph (c) ofthis subdivision or from payments made pursuant to any lease, sublease,lease purchase, or other agreement authorized pursuant to paragraph (f)of this subdivision and contain such other terms and conditions as maybe agreed upon by the parties thereto, including but not limited to,provisions relating to the maintenance and operation of the facilities,the establishment of reserve funds, indemnities and the disposition of afacility or the interest of the dormitory authority therein, if any,prior to or upon termination or expiration of such lease, sublease orother agreement. Such lease, sublease, lease purchase, or otheragreement shall be subject to the approval of the director of thebudget.
(b) Any such lease, sublease, lease purchase, or other agreemententered into pursuant to this subdivision may provide that theprovisions thereof shall remain in full force and effect until the issueof the bonds of the dormitory authority to which it relates, togetherwith interest thereon, interest on any unpaid installments of interestand the fees and expenses of the dormitory authority, are fully met anddischarged, and any payments to be made by the state, the New York stateand local employees' retirement system and the New York state and localpolice and fire retirement system pursuant to any lease, sublease, leasepurchase, or other agreement authorized pursuant to paragraph (f) ofthis subdivision may be pledged by the dormitory authority to securesuch bonds.
(c) Any agreement entered into pursuant to this subdivision by andbetween the dormitory authority and the office of general services onbehalf of the department of audit and control shall provide for statecommitments to provide annually to the department of audit and controlan amount equal to the aggregate amount of all annual rentals due to thedormitory authority from the department of audit and control on accountof such facilities for the department of audit and control, the New Yorkstate and local employees' retirement system and the New York state andlocal police and fire retirement system pursuant to any such lease,sublease, lease purchase, or other agreement. Any such lease, sublease,lease purchase or other agreement shall further provide that theobligation of the state to appropriate amounts to the department ofaudit and control to pay annual rentals due to the dormitory authorityfrom the department of audit and control on account of facilities forthe department of audit and control, the New York state and localemployees' retirement system and the New York state and local police andfire retirement system pursuant to any such lease, sublease, leasepurchase or other agreement shall not constitute a debt of the statewithin the meaning of any constitutional and/or statutory provisions andshall be deemed executory only to the extent state moneys areappropriated and that no liability shall be incurred by the state beyondthe moneys appropriated for that purpose and that such obligation issubject to annual appropriations by the legislature.
(d) On or before November fifteenth of each year, the dormitoryauthority shall submit and thereafter may resubmit to the commissionerof general services, the director of the budget, the comptroller, thechairperson of the senate finance committee and the chairperson of theassembly ways and means committee, a report setting forth the amounts,if any, of all annual rentals and other payments estimated to be due inthe succeeding state fiscal year to the dormitory authority from thedepartment of audit and control pursuant to any lease, sublease, leasepurchase, or other agreement between the dormitory authority and theoffice of general services on behalf of the department of audit andcontrol entered into on or after July first, nineteen hundredninety-seven to provide facilities for the department of audit andcontrol, the New York state and local employees' retirement system andthe New York state and local police and fire retirement system.
(e) Notwithstanding any provision of law to the contrary, any lease,sublease, lease purchase or other agreement, including any contract forconstruction, reconstruction, rehabilitation or improvement entered intopursuant to this subdivision shall not be subject to public auction orbidding or any restriction as to the term of such lease, sublease, leasepurchase or other agreement; provided however, that, with respect to anylease, sublease, lease purchase, or other agreement for facilities forthe department of audit and control, the New York state and localemployees' retirement system and the New York state and local police andfire retirement system, the dormitory authority shall determine thatthere has been a competitive process sufficient to comply with theauthority's procurement contract guidelines as required pursuant tosection twenty-eight hundred seventy-nine of this chapter.
(f) Nothing herein shall be construed to diminish the authority of thecomptroller, in his capacity as trustee of the New York state and localemployees' retirement system and the New York state and local police andfire retirement system, to be a party to any agreement authorizedpursuant to paragraph (a) of this subdivision or, in accordance with theprovisions of this title to enter into separate leases, subleases, leasepurchases or other agreements with the dormitory authority pursuant towhich one or more facilities are to be designed, acquired, constructed,reconstructed, rehabilitated, improved or otherwise provided for the NewYork state and local employees' retirement system and the New York stateand local police and fire retirement system.
36. (a) The dormitory authority is empowered and authorized to enterinto a lease, sublease, lease purchase, or other agreement with theoffice of general services of the state of New York pursuant to whichone or more facilities are to be acquired, designed, constructed,reconstructed, rehabilitated, improved or otherwise made available forthe provision of parking facilities for the state of New York in thecity of Albany, New York and pursuant to which such facilities are to befurnished or equipped and in furtherance of such authorization, thecommissioner of general services is hereby empowered to grant or conveyto the dormitory authority, such lands as may be necessary for suchpurposes upon such terms and conditions as the commissioner of generalservices may fix and determine provided, however, that any contract orlease for construction, reconstruction or rehabilitation authorized bythis subdivision shall be governed by article eight of the labor law.Such lease, sublease, lease purchase, or other agreement may provide forthe payment of annual rentals and other payments by the state of NewYork on behalf of the departments or agencies having occupancy or usethereof to the dormitory authority from appropriations as provided inparagraph (c) of this subdivision and may contain such other terms andconditions as may be agreed upon by the parties thereto, including butnot limited to, provisions relating to the maintenance and operation ofthe facilities, the establishment of reserve funds, indemnities and thedisposition of a facility or the interest of the dormitory authoritytherein, if any, prior to or upon termination or expiration of suchlease, sublease, lease purchase or other agreement. Such lease,sublease, lease purchase, or other agreement shall be subject to theapproval of the director of the budget.
(b) Any such lease, sublease, lease purchase, or other agreemententered into pursuant to this subdivision may provide that theprovisions thereof shall remain in full force and effect until the issueof the bonds of the dormitory authority to which it relates, togetherwith interest thereon, interest on any unpaid installments of interestand the fees and expenses of the dormitory authority, are fully met anddischarged, and any payments to be made by the state, pursuant to anylease, sublease, lease purchase, or other agreement authorized pursuantto this subdivision may be pledged by the dormitory authority to securesuch bonds.
(c) Any lease, sublease, lease purchase or other agreement enteredinto pursuant to this subdivision by and between the dormitory authorityand the state of New York by the office of general services with respectto such parking facilities shall provide for state commitments toprovide annually an amount equal to the aggregate amount of all annualrental due to the dormitory authority from the state on behalf of thestate departments and agencies having occupancy or use of suchfacilities. Any such lease, sublease, lease purchase or other agreementshall further provide that the obligation of the state to appropriateamounts to pay annual rentals due to the dormitory authority pursuant toany such lease, sublease, lease purchase or other agreement shall notconstitute a debt of the state within the meaning of any constitutionaland/or statutory provisions and shall be deemed executory only to theextent state moneys are appropriated and that no liability shall beincurred by the state beyond the moneys appropriated for that purposeand that such obligation is subject to annual appropriations by thelegislature.
(d) On or before November fifteenth of each year, the dormitoryauthority shall submit to the commissioner of general services, thedirector of the budget, the comptroller, the chairperson of the senatefinance committee and the chairperson of the assembly ways and meanscommittee, a report setting forth the amounts, if any, of all annualrentals and other payments estimated to be due in the succeeding statefiscal year to the dormitory authority pursuant to any lease, sublease,lease purchase, or other agreement between the dormitory authority andthe office of general services on behalf of the state entered intohereafter to provide for parking facilities for the state of New York inthe city of Albany.
(e) Notwithstanding any provision of law to the contrary, any lease,sublease, lease purchase or other agreement entered into pursuant tothis subdivision shall not be subject to public auction or bidding orany restrictions as to the term of such lease, sublease, lease purchaseor other agreement for the provisions of parking services in the city ofAlbany.
37. For purposes of this section, the following provisions shall applyto powers in connection with the provision of facilities for UCPA of theCapital District, Inc., UCPA of Cayuga County, Inc., United CerebralPalsy and Handicapped Children's Association of Chemung County, Inc.,Finger Lakes United Cerebral Palsy, Inc., United Cerebral PalsyAssociations of Fulton and Montgomery Counties, Inc., United CerebralPalsy Association of the Tri-Counties, Inc., Franziska Racker Centers,Inc., United Cerebral Palsy Association of Nassau County, Inc., UnitedCerebral Palsy of New York City, Inc., United Cerebral Palsy Associationof Niagara County, Inc., Orange County Cerebral Palsy Association, Inc.,United Cerebral Palsy of Queens, Inc., United Cerebral Palsy Associationof the Rochester Area, Inc., Jawonio, Inc., The Handicapped Children'sAssociation of Southern New York, Inc., United Cerebral PalsyAssociation of Greater Suffolk, Inc., SDTC - The Center for Discovery,Inc., United Cerebral Palsy and Handicapped Children's Association ofSyracuse, Inc., United Cerebral Palsy of Ulster County Inc., UnitedCerebral Palsy and Handicapped Person's Association of the Utica Area,Inc., United Cerebral Palsy Association of Westchester, Inc. and UnifiedCreative Programs, Inc., United Cerebral Palsy Association of WesternNew York, Inc., United Cerebral Palsy Association of Putnam and SouthernDutchess Counties, Inc., United Cerebral Palsy Association of the NorthCountry, Inc., United Cerebral Palsy Associations of New York State,Inc., any not-for-profit affiliates or members of Cerebral PalsyAssociations of New York State, Inc., and any successor in interest toany such organization, by the authority pursuant to this title.
Notwithstanding any other provision of law, UCPA of the CapitalDistrict, Inc., UCPA of Cayuga County, Inc., United Cerebral Palsy andHandicapped Children's Association of Chemung County, Inc., Finger LakesUnited Cerebral Palsy, Inc., United Cerebral Palsy Associations ofFulton and Montgomery Counties, Inc., United Cerebral Palsy Associationof the Tri-Counties, Inc., Franziska Racker Centers, Inc., UnitedCerebral Palsy Association of Nassau County, Inc., United Cerebral Palsyof New York City, Inc., United Cerebral Palsy Association of NiagaraCounty, Inc., Orange County Cerebral Palsy Association, Inc., UnitedCerebral Palsy of Queens, Inc., United Cerebral Palsy Association of theRochester Area, Inc., Jawonio, Inc., The Handicapped Children'sAssociation of Southern New York, Inc., United Cerebral PalsyAssociation of Greater Suffolk, Inc., SDTC - The Center for Discovery,Inc., United Cerebral Palsy and Handicapped Children's Association ofSyracuse, Inc., United Cerebral Palsy of Ulster County Inc., UnitedCerebral Palsy and Handicapped Person's Association of the Utica Area,Inc., United Cerebral Palsy Association of Westchester, Inc. and UnifiedCreative Programs, Inc., United Cerebral Palsy Association of WesternNew York, Inc., United Cerebral Palsy Association of Putnam and SouthernDutchess Counties, Inc., United Cerebral Palsy Association of the NorthCountry, Inc., United Cerebral Palsy Associations of New York State,Inc., any not-for-profit affiliates or members of Cerebral PalsyAssociations of New York State, Inc., and any successor in interest toany such organization shall have the full power and authority to assignand pledge to the dormitory authority any and all public funds to beappropriated, apportioned or otherwise made payable by the federalgovernment, any agency thereof, the state government, any agencythereof, a political subdivision as defined in section one hundred ofthe general municipal law, any social service district in the state ofNew York or by any other governmental entity in an amount sufficient tomake all payments required to be made by such entity pursuant to anynecessary or useful agreements entered into between such entity and thedormitory authority. All state and local officials are hereby authorizedand required to pay all such funds so assigned and pledged to thedormitory authority or, upon the direction of the dormitory authority,to any trustee of any dormitory authority bond or note issued pursuantto a certificate filed with any state or local officer by the dormitoryauthority pursuant to the provisions of this subdivision.
38. a. The dormitory authority is empowered and authorized to enterinto a lease, sublease or other agreement with any school districtpursuant to which the dormitory authority may finance or refinance allor any portion of school district capital facilities and school districtcapital equipment for such school districts. Any such lease, sublease orother agreement may provide for joint facilities pursuant to sectionthirty-six hundred two of the education law pursuant to an agreementwith participating school districts as authorized in such section. Suchlease, sublease or other agreement may provide for annual or otherpayments to the dormitory authority by or on behalf of the schooldistrict. Such lease, sublease or other agreement may contain such otherterms and conditions as may be agreed upon by the parties thereto,including, but not limited to, the establishment of reserve funds andindemnities. A lease, sublease or other agreement entered into by aschool district with the dormitory authority pursuant to the provisionsof this section shall not be deemed to be an installment purchasecontract, contract for public work or purchase contract within themeaning of article five-A of the general municipal law or any other law.
b. (1) Except as provided in subparagraph two of this paragraph, anysuch lease, sublease, or other agreement shall not constitute or createindebtedness of the state or a political subdivision for purposes ofarticle seven or eight of the state constitution or section 20.00 of thelocal finance law, shall be deemed executory only to the extent of moneyappropriated annually therefor by the state or political subdivision andshall not constitute a contractual obligation in excess of the amountsso appropriated; provided however that the total amount of unpaidpayments due under any such lease, sublease or agreement on account ofprincipal due on bonds issued by the authority shall be deemed to beindebtedness within the meaning of subdivision three of paragraph a ofsection 135.00 of the local finance law except to the extent that anyportion of the indebtedness, if issued by the school district, would beexcluded pursuant to section 136.00 of the local finance law.
(2) A school district shall have full power and authority to pledgeits full faith and credit for the payment of its obligations to thedormitory authority pursuant to any lease, sublease or other agreemententered into pursuant to this subdivision. Any such lease, sublease orother agreement shall be authorized in the same manner as is requiredfor the adoption of a bond resolution by the school district under thelocal finance law. The total amount of all unpaid annual paymentsconstituting the principal of any indebtedness for which the schooldistrict shall have pledged its faith and credit shall be deemed to beindebtedness of the school district within the meaning of subparagraph(b) of subdivision three of paragraph a of section 135.00 of the localfinance law and section ten of article eight of the state constitutionand such lease, sublease or other agreement shall constituteindebtedness for purposes of article eight of the constitution and thelocal finance law.
c. Notwithstanding the provisions of any general or special law to thecontrary, school districts may, subject to the requirements, if any, ofvoter approval contained in the education law or any other law, transfertitle or grant any other property interests or rights to the dormitoryauthority and the dormitory authority may transfer title or grant anyother real property interests to such school districts.
d. Any such lease, sublease or other agreement entered into pursuantto this subdivision may provide that the provisions thereof shall remainin force and effect until the bonds, notes or other obligations of thedormitory authority are no longer outstanding, together with interest onany unpaid installments of interest and the fees and expenses of thedormitory authority, are fully met and discharged, and any payments tobe made by or on behalf of the school district to the dormitoryauthority may be pledged to secure such bonds. Any such lease, subleaseor other agreement may provide for joint facilities pursuant to sectionthirty-six hundred two of the education law through an agreement withparticipating districts as authorized in such section.
e. (1) Whenever the dormitory authority issues bonds, notes or otherobligations for a school district pursuant to any lease, sublease orother agreement, the school district is authorized to assign and pledgeto the dormitory authority a sufficient portion of any and all publicfunds to be apportioned or otherwise to be made payable by the state ofNew York to the school district to cover the payments required under thelease, sublease or other agreement between the authority and the schooldistrict. All state and local officials concerned are hereby authorizedto apportion and pay all such funds so assigned and pledged to thedormitory authority. Such assignment and pledge by any school districtshall be irrevocable and shall continue until the date on which theliabilities of the school district and the authority for such schooldistrict capital facilities and school district capital equipment havebeen discharged and the bonds of the authority issued therefor have beenpaid or such bonds have otherwise been discharged.
(2) The total amount payable annually to the dormitory authority shallbe certified by the authority to the commissioner of education, and theauthority shall annually prepare and certify to the commissioner ofeducation a statement of the total amount necessary to be paid by allschool districts for the ensuing school year. The dormitory authoritymay provide the commissioner of education such additional statements asthe authority deems necessary.
(3) The commissioner of education shall include in the certificate heor she files with the state comptroller the amount to be owed by theschool district to the dormitory authority for the ensuing school year.
(4) The state comptroller shall pay to the dormitory authority andshall deduct from any state funds to become due to any such schooldistrict an amount equal to the amount required to be paid by suchschool district to the dormitory authority as shown by the certificateof the commissioner of education filed with the state comptroller asrequired by subparagraph three of this paragraph.
(5) In the event that the amount paid to the authority pursuant tosubparagraph four of this paragraph by the state comptroller isinsufficient to meet any payment required by the school district to theauthority, any such amount still due and owing shall be paid directly tothe authority by the school district pursuant to any lease, sublease orother agreement between the authority and the school district.
39. The dormitory authority shall not issue its obligations for aschool district pursuant to subdivision thirty-eight of this section torefund or refinance all or any portion of any outstanding indebtednessof such school district except: (i) to refund dormitory authorityobligations previously issued for such school district; or (ii) torefund or refinance all or any portion of any outstanding indebtednessissued by a school district prior to December first, two thousand one,or prior to thirty days after the effective date of this subdivision,whichever is later, for the purpose of financing facilities which wereeligible for building aid pursuant to section thirty-six hundred two ofthe education law and for which the approved expenditures for debtservice payable in any year are subsequently reduced; or (iii) to refundor refinance all or any portion of any outstanding indebtedness issuedby a school district prior to December first, two thousand one or priorto thirty days after the effective date of this subdivision whichever islater provided that present value of the total payments to become due tothe authority from the school district on account of principal andinterest are less than the present value of the principal and interestpayments to become due on the bonds to be refunded with such presentvalue savings to be computed as provided in subparagraph (a) ofsubdivision two of paragraph b of section 90.10 of the local financelaw; or (iv) to refinance all or any portion of any bond anticipationnotes of a school district issued to finance a school constructionproject. In the event that the dormitory authority issues itsobligations on behalf of a school district as provided in thissubdivision: (i) no lease, sublease or other agreement entered into bythe school district pursuant to this subdivision shall, notwithstandingany other provision of law to the contrary, be subject to the approvalof voters of the school district and (ii) the proceeds of any refundingbonds issued by the authority, including any interest earnings thereon,shall be held in trust under the terms of an escrow agreement for thebenefit of the holders of such refunded obligations in an amountsufficient to provide for the payment of the principal, redemption priceand interest due on the refunded obligations of the school district totheir stated maturities or, if such bonds are to be called, to the calldate.
40. a. Any lease, sublease or other agreement by and between thedormitory authority and any residential institution for children shall,in addition to any other provisions deemed necessary by the dormitoryauthority, contain the following:
(1) a requirement that the residential institution for childrenestablish an account with a bank or trust company acceptable to thedormitory authority into which the residential institution for childrenshall deposit, or cause to be deposited, all amounts received by suchresidential institution for children from any school district, socialservice district or any other payor on account of the residentialservices provided by such residential institution for children. Theresidential institution for children shall grant to the dormitoryauthority a security interest in such account and the moneys on deposittherein shall be subject to withdrawal by the residential institutionfor children only after the payment of amounts then due to the dormitoryauthority as provided in such lease, sublease or other agreement;
(2) a requirement that the residential institution for children grantto the dormitory authority either a mortgage on the real property usedby the residential institution for children to provide residentialservices or such other interest in real property as is acceptable to thedormitory authority;
(3) a requirement that the residential institution for childrencontinue to operate a residential program for foster children and/orchildren placed by the committee on special education of a schooldistrict pursuant to contracts with social services districts or schooldistricts for the term of the lease, sublease or other agreement and inthe event such residential institution for children fails to do so,provide for the transfer and operation of the residential facilities toa replacement not-for-profit operator that is qualified to provide suchservices and that has assumed the obligations of such residentialinstitution for children pursuant to such agreement;
(4) a requirement that the residential institution for childreninclude in each of its contracts with a social service district, schooldistrict or any other payor a provision requiring that the residentialinstitution for children will deposit, or cause to be deposited, all ofits maintenance rate payments from such social service district, schooldistrict or other payor into the separate account required bysubparagraph one of this paragraph. In the event of the failure of theapplicable social services district or school district to make amaintenance rate payment to the residential institution for children forresidential care provided to a child in the residential institution forchildren, the state comptroller shall withhold state reimbursem*nt tothe applicable social services district or school district in an amountequal to the unpaid obligation for the capital financing add-on rate andpay over such sum to the dormitory authority or its trustee uponcertification of the commissioner of the office of children and familyservices or the state education department, as applicable; and
(5) a requirement that the residential institution for children pay tothe dormitory authority the amount required to pay the principal of andinterest on obligations of the dormitory authority issued in relation toproviding such facilities and all incidental expenses of the dormitoryauthority incurred in relation thereto.
b. The dormitory authority shall not issue any bonds or notes inexcess of sixty million dollars for the purpose of financing the costsrelated to residential institutions for children as defined insubdivision forty-four of section sixteen hundred seventy-six of thistitle. In calculating the amount of bonds or notes outstanding pursuantto this subdivision, the principal amount of bonds or notes issued tofund one or more debt service reserve funds, the principal amount ofbonds or notes issued to pay the costs of issuance of such bonds, andthe principal amount of bonds or notes issued to refund or otherwiserepay such bonds and bonds or notes previously issued shall be excludedtherefrom. Except for purposes of complying with the internal revenuecode, any interest income earned on bond proceeds shall only be used topay debt service on such bonds or notes.
