Section 47-B. Mental hygiene improvement bonds and notes

1. Definitions.
  For the purposes of section forty-seven and of this section:
    a. "Community mental health and retardation  facility"  shall  mean  a
  building, a unit within a building, a laboratory, a classroom, a housing
  unit,  a  dining hall, an activities center, a library, or any structure
  on or improvement to real property of any kind or description, including
  fixtures and equipment which are an integral part of such building, unit
  or structure or improvement, a walkway, a roadway or a parking  lot  and
  improvements   and   connections  for  water,  sewer,  gas,  electrical,
  telephone, heating, air conditioning and other utility  services,  or  a
  combination  of  any  of  the  foregoing,  whether  for patient care and
  treatment or staff, staff family or service use, located in a  city,  or
  in  a  county  not  wholly included within a city, authorized to provide
  community mental health services in accordance with  the  provisions  of
  article  forty-one of the mental hygiene law, which is utilized or to be
  utilized for the administration and conduct of programs for the mentally
  ill or the mentally retarded, or both, and for the provision of services
  therefor. A community mental health and retardation facility shall  also
  mean  and  include  a residential facility to be operated as a community
  residence for the mentally disabled, and a treatment facility for use in
  the conduct of an alcoholism treatment program or of a  substance  abuse
  treatment program as defined in the mental hygiene law.
    b.  "Mental  hygiene  facility" shall mean a building, a unit within a
  building, a laboratory, a classroom, a housing unit, a dining  hall,  an
  activities center, a library, or any structure on or improvement to real
  property  of  any  kind or description, including fixtures and equipment
  which are an integral part of any  such  building,  unit,  structure  or
  improvement, a walkway, a roadway or a parking lot, and improvements and
  connections  for  water, sewer, gas, electrical, telephone, heating, air
  conditioning and other utility services, or a combination of any of  the
  foregoing, whether for patient care and treatment or staff, staff family
  or  service  use, located at or related to any state hospital, any state
  school, or any state psychiatric or research institute now or  hereafter
  established under the professional jurisdiction, supervision and control
  of  the  state  department  of mental hygiene. A mental hygiene facility
  shall mean and  include  a  "community  mental  health  and  retardation
  facility",  unless  such  facility  is expressly excepted or the context
  clearly requires otherwise, and shall also mean and include a  treatment
  facility  for  use  in  the  conduct of an alcoholism or substance abuse
  treatment program as defined in the  mental  hygiene  law,  unless  such
  facility   is   expressly  excepted  or  the  context  clearly  requires
  otherwise. The definition contained in this  subdivision  shall  not  be
  construed  to  exclude  therefrom  a facility to be made available under
  license  or  permit  from  the  health  and  mental  hygiene  facilities
  improvement  corporation  to  a  voluntary  agency at the request of the
  commissioners of the offices of the department of mental hygiene  having
  jurisdiction  thereof  for  use in providing community mental health and
  retardation services, or for use in the  conduct  of  an  alcoholism  or
  substance abuse treatment program.
    c.  "Mental hygiene improvement bonds" and "mental hygiene improvement
  notes" shall mean bonds and notes, respectively, issued  by  the  agency
  pursuant to subdivision two of this section.
    d.  "Mental  hygiene  facilities  improvement  program"  shall  mean a
  program undertaken by the agency  and  the  health  and  mental  hygiene
  facilities  improvement  corporation  for  the  purpose of constructing,
  acquiring, reconstructing, rehabilitating or  improving  mental  hygiene
  facilities  or  causing  such  facilities  to  be constructed, acquired,

  reconstructed, rehabilitated or improved  pursuant  to  the  health  and
  mental hygiene facilities improvement act and this article.
    2. Additional powers of the agency.
    a.  The  agency  shall have power to lease one or more existing mental
  hygiene facilities from the trustees of the health  and  mental  hygiene
  facilities   improvement   corporation   and   to   construct,  acquire,
  reconstruct, rehabilitate and improve new mental hygiene  facilities  at
  such   facilities,  or  on  any  real  property  leased  from  the  said
  corporation, and  to  cause  such  new  facilities  to  be  constructed,
  acquired,  reconstructed,  rehabilitated  or improved by the trustees of
  the said corporation as its agent,  all  in  accordance  with  a  lease,
  sublease  or  other  agreement  entered  into between the agency and the
  trustees of the said corporation pursuant to subdivision four of section
  nine of the health and mental hygiene facilities improvement act.
    b. The agency shall have power and is hereby authorized from  time  to
  time  to  issue negotiable bonds and notes in conformity with applicable
  provisions of the uniform commercial code in such principal  amount  as,
  in  the  opinion  of  the  agency, shall be necessary, after taking into
  account other monies which may be available for the purpose, to  provide
  sufficient  funds  for  the  construction,  acquisition, reconstruction,
  rehabilitation or improvement of mental hygiene facilities  pursuant  to
  the  preceding paragraph of this subdivision, the payment of interest on
  mental hygiene improvement bonds and mental  hygiene  improvement  notes
  issued  for  such purposes, the establishment of reserves to secure such
  bonds and notes, and all other expenditures of the  agency  incident  to
  and  necessary  or  convenient  for  any such construction, acquisition,
  reconstruction, rehabilitation or improvement; provided,  however,  that
  the  agency  shall not issue mental hygiene improvement bonds and mental
  hygiene improvement notes in an  aggregate  principal  amount  exceeding
  seven hundred five million dollars, excluding mental hygiene improvement
  bonds  and mental hygiene improvement notes issued to refund outstanding
  mental hygiene improvement bonds or mental hygiene improvement notes.
    3. Application of other provisions of article.  Except  as  stated  in
  section forty-seven, the other provisions of this article shall apply to
  mental  hygiene  improvement  bonds and mental hygiene improvement notes
  issued by the agency pursuant to this section, provided,  however,  that
  such  bonds  and  notes,  subject  to any agreements with the holders of
  particular bonds or notes pledging any specified portions thereof, shall
  be secured by a pledge to the payment thereof of (i) rentals paid to the
  agency with respect to  mental  hygiene  facilities  financed  with  the
  proceeds  of  such bonds and notes, and (ii) any other assets, monies or
  accounts pledged or assigned to the agency as security for  the  payment
  of  such rentals, and provided further that no resolution or resolutions
  authorizing  mental  hygiene  improvement  bonds  and   mental   hygiene
  improvement  notes  shall  (i)  pledge  all  or any part of the fees and
  charges made or received by the agency pursuant to subdivision eleven of
  section forty-four in connection with the making of  mortgage  loans  or
  commitments  therefor,  or  all  or  any  part of the monies received in
  payment of such mortgage loans and interest thereon, or (ii) pledge  all
  or  any  part of the mortgages of the agency or obligations securing the
  same, or (iii) provide as to the use and disposition of the gross income
  from mortgages owned by the agency or as to the payment of principal  of
  mortgages  owned  by  the  agency, or (iv) pledge all or any part of the
  rentals paid to the agency under leases, subleases or  other  agreements
  for state university facilities or health facilities entered into by the
  agency  in  accordance with this article, or (v) pledge or assign all or
  any part of any other assets, monies or accounts pledged or assigned  to

  the  agency  as  security  for  the  payment  of  rentals for such state
  university facilities or health facilities.
    4.  Mental  hygiene  facilities  fund.  The  agency  shall  create and
  establish  a  special  fund  (herein  referred  to  as  mental   hygiene
  facilities  fund)  and  shall  pay  into  such fund any monies which the
  agency shall receive in payment of rentals due under one or more leases,
  subleases or other agreements entered into pursuant to subdivision  four
  of  section nine of the health and mental hygiene facilities improvement
  act and any other monies which the agency shall receive from the  health
  and mental hygiene facilities improvement corporation as security for or
  in  payment  of such rentals. Such monies and any other monies paid into
  the mental hygiene facilities fund may, in the discretion of the agency,
  but subject to agreements with the holders of mental hygiene improvement
  bonds and mental hygiene improvement notes, be used by  the  agency  (a)
  for  the  repayment of advances, if any, from the state to the agency in
  connection  with  mental  hygiene  facilities,  and  any  real  property
  required  therefor,  in  accordance  with  the  provisions  of repayment
  agreements related  thereto  which  have  been  entered  into  with  the
  director  of  the  budget, (b) to pay all costs, expenses and charges of
  financing mental hygiene  facilities  including  fees  and  expenses  of
  trustees  and  paying  agents,  (c)  to pay the administrative and other
  expenses of the agency allocable to the services performed by the agency
  in the  financing  of  the  construction,  acquisition,  reconstruction,
  rehabilitation  or  improvement of mental hygiene facilities and matters
  relating thereto, (d) for the payment of the principal of  and  interest
  on  mental hygiene improvement bonds or mental hygiene improvement notes
  issued by the agency when the same shall become due whether at  maturity
  or  by call for redemption and for the payment of any redemption premium
  required to be paid where such bonds or  notes  are  redeemed  prior  to
  their  stated  maturities,  and  to  purchase mental hygiene improvement
  bonds or mental hygiene improvement notes issued by the agency,  or  (e)
  for such other corporate purposes of the agency relating to the carrying
  out of its functions, powers and duties with respect to the financing of
  the   construction,   acquisition,   reconstruction,  rehabilitation  or
  improvement of mental hygiene facilities as the agency in its discretion
  shall determine and provide.