N.Y. MCF Law § 9-A — New York Code / Act MCF / Section 9-A
Special provisions relating to mental health services facilities improvement bonds and notes
Status: in_force

§ 9-a. Special provisions relating to mental health services\nfacilities improvement bonds and notes. 1. Definitions. For the purposes\nof this act:\n  a. "Mental health services facility" shall mean a building, a unit\nwithin a building, a laboratory, a classroom, a housing unit, a dining\nhall, an activities center, a library, real property of any kind or\ndescription, or any structure on or improvement to real property of any\nkind or description, including fixtures and equipment which may or may\nnot be an integral part of any such building, unit, structure or\nimprovement, a walkway, a roadway or a parking lot, and improvements and\nconnections for water, sewer, gas, electrical, telephone, heating, air\nconditioning and other utility services, or a combination of any of the\nforegoing, whether for patient care and treatment or staff, staff family\nor service use, located at or related to any psychiatric center, any\ndevelopmental center, or any state psychiatric or research institute or\nother facility now or hereafter established under the state department\nof mental hygiene. A mental health services facility shall also mean and\ninclude a residential care center for adults, a community residence, a\n"community mental health and developmental disabilities facility", and a\nstate or voluntary operated treatment facility for use in the conduct of\nan alcoholism or substance abuse treatment program as defined in the\nmental hygiene law, unless such residential care center for adults,\ncommunity mental health and developmental disabilities facility or\nalcoholism or substance abuse facility is expressly excepted or the\ncontext clearly requires otherwise. The definition contained in this\nsubdivision shall not be construed to exclude therefrom a facility,\nwhether or not owned or leased by a voluntary agency, to be made\navailable under lease, or sublease, from the facilities development\ncorporation to a voluntary agency at the request of the commissioners of\nthe offices and directors of the divisions of the department of mental\nhygiene having jurisdiction thereof for use in providing services in a\nresidential care center for adults, community mental health and\ndevelopmental disabilities services, or for use in the conduct of an\nalcoholism or substance abuse treatment program. For purposes of this\nsection mental health services facility shall also mean mental hygiene\nfacility as defined in subdivision ten of section three of the\nfacilities development corporation act and shall also include facilities\nfor: (i) comprehensive psychiatric emergency programs and/or psychiatric\ninpatient programs or other similar programs, including but not limited\nto residential treatment facilities, under the auspice of municipalities\nand other public and not-for-profit agencies, licensed pursuant to\narticle thirty-one of the mental hygiene law and/or article twenty-eight\nof the public health law; and (ii) licensed or unlicensed permanent,\ntransitional, or emergency housing for mentally ill persons under the\nauspice of municipalities and other public and not-for-profit agencies,\napproved by the commissioner of the office of mental health, pursuant to\narticle forty-one of the mental hygiene law.\n  b. "Mental health services facilities improvement bonds" and "mental\nhealth services facilities improvement notes" shall mean bonds and\nnotes, respectively, issued by the agency pursuant to subdivision two of\nthis section.\n  c. "Mental health services facilities improvement program" shall mean\na program undertaken by the agency and the facilities development\ncorporation for the purpose of financing, refinancing, designing,\nconstructing, acquiring, reconstructing, rehabilitating or improving\nmental hygiene facilities and mental health services facilities or\ncausing such facilities to be financed, refinanced, designed,\nconstructed, acquired, reconstructed, rehabilitated or improved.\n  2. Additional powers of the agency. a. The agency shall have power to\nenter into one or more lease, sublease, loan or other financing\nagreements with the directors of the facilities development corporation,\nor any successor agency, for the purpose of providing the financing or\nrefinancing for or for designing, constructing, acquiring,\nreconstructing, rehabilitating and improving mental health services\nfacilities at new or existing mental health services facilities, or on\nany real property or interest in real property owned by or conveyed from\nsaid corporation, or any successor agency, or any voluntary agency, or\nfor the refinancing of any such facilities for which bonds have\npreviously been issued by the agency or by the state housing finance\nagency and are outstanding and to cause by the providing of such\nfinancing such facilities to be designed, constructed, acquired,\nreconstructed, rehabilitated or improved or financed or refinanced by\nthe directors of the said corporation, or any successor agency, all in\naccordance with one or more lease, sublease, loan or other financing\nagreements entered into between the agency and the directors of the said\ncorporation pursuant to subdivision 4 of section 9 of the facilities\ndevelopment corporation act.\n  b. The agency shall have power and is hereby authorized from time to\ntime to issue negotiable bonds and notes in conformity with applicable\nprovisions of the uniform commercial code in such principal amount as,\nin the opinion of the agency, shall be necessary, after taking into\naccount other moneys which may be available for the purpose, to provide\nsufficient funds to the facilities development corporation, or any\nsuccessor agency, for the financing or refinancing of or for the design,\nconstruction, acquisition, reconstruction, rehabilitation or improvement\nof mental health services facilities pursuant to paragraph a of this\nsubdivision, the payment of interest on mental health services\nimprovement bonds and mental health services improvement notes issued\nfor such purposes, the establishment of reserves to secure such bonds\nand notes, the cost or premium of bond insurance or the costs of any\nfinancial mechanisms which may be used to reduce the debt service that\nwould be payable by the agency on its mental health services facilities\nimprovement bonds and notes and all other expenditures of the agency\nincident to and necessary or convenient to providing the facilities\ndevelopment corporation, or any successor agency, with funds for the\nfinancing or refinancing of or for any such design, construction,\nacquisition, reconstruction, rehabilitation or improvement and for the\nrefunding of mental hygiene improvement bonds issued pursuant to section\n47-b of the private housing finance law; provided, however, that the\nagency shall not issue mental health services facilities improvement\nbonds and mental health services facilities improvement notes in an\naggregate principal amount exceeding fourteen billion two hundred\nninety-nine million four hundred fifty-two thousand dollars\n$14,299,452,000, excluding bonds issued after April first, two thousand\ntwenty-five to (i) fund one or more debt service reserve funds, (ii) pay\ncosts of issuance of such bonds, and (iii) refund or otherwise repay\nsuch bonds or notes previously issued, provided that nothing herein\nshall affect the exclusion of refunding debt issued prior to such date.\nThe director of the budget shall allocate the aggregate principal\nauthorized to be issued by the agency among the office of mental health,\noffice for people with developmental disabilities, and the office of\naddiction services and supports, in consultation with their respective\ncommissioners to finance bondable appropriations previously approved by\nthe legislature.\n  3. Application of other provisions of article. Except as provided in\nthis section, the other provisions of this act shall apply to mental\nhealth services facilities improvement bonds and mental health services\nfacilities improvement notes issued by the agency pursuant to this\nsection, provided, however, that such bonds and notes, subject to any\nagreements with the holders of particular bonds or notes pledging any\nspecified portions thereof, shall be secured by a pledge thereof of (a)\npayments made to the agency with respect to mental health services\nfacilities financed or refinanced with the proceeds of such bonds and\nnotes, and (b) any other assets, moneys or accounts pledged or assigned\nto the agency as security for such payments. However, no resolution or\nresolutions authorizing mental health services facilities improvement\nbonds or mental health services facilities improvement notes shall (A)\npledge all or any part of the fees and charges made or received by the\nagency pursuant to paragraphs (a) through (d) of subdivision three of\nsection six of this act in connection with the making of mortgage loans\nor commitments therefor, or all or any part of the moneys received in\npayment of such mortgage loans and interest thereon, (B) pledge all or\nany part of the mortgages of the agency or obligations securing the\nsame, (C) provide as to the use and disposition of the gross income from\nmortgages owned by the agency or as to the payment of the principal of\nmortgages owned by the agency, (D) pledge all or any part of the rentals\npaid to the agency under leases, subleases or other agreements for\nhealth facilities entered into by the agency in accordance with this\narticle, or (E) pledge or assign all or any part of any other assets,\nmoneys or accounts pledged or assigned to the agency as security for the\npayment of rentals for such health facilities.\n  4. Mental health services facilities fund. The agency shall create and\nestablish one or more special funds (herein referred to as mental health\nservices facilities funds) and shall pay into any such fund any moneys\nwhich the agency shall receive in payment in accordance with one or more\nagreements entered into pursuant to subdivision 4 of section 9 of the\nfacilities development corporation act and any other moneys which the\nagency shall receive from the facilities development corporation\npursuant to such agreements. Such moneys and any other moneys paid into\nthe mental health services facilities fund may, in the discretion of the\nagency, but subject to agreements with the holders of mental health\nservices facilities improvement bonds and mental health services\nfacilities improvement notes, be used by the agency (a) for the\nrepayment of advances, if any, from the state to the agency in\nconnection with mental health services facilities, and any real property\nor interest in real property required therefor, in accordance with the\nprovisions of repayment agreements related thereto which have been\nentered into with the director of the budget, (b) to pay all costs,\nexpenses and charges of financing and refinancing mental health services\nfacilities including fees and expenses of trustees and paying agents and\ncredit enhancement fees, (c) to pay the administrative and other\nexpenses of the agency allocable to the services performed by the agency\nin the financing or refinancing of or the design, construction,\nacquisition, reconstruction, rehabilitation or improvement of mental\nhealth services facilities and matters relating thereto, (d) for the\npayment of the principal of and interest on mental health services\nfacilities improvement bonds or mental health services facilities\nimprovement notes issued by the agency when the same shall become due\nwhether at maturity or by call for redemption and for the payment of any\nredemption premium required to be paid where such bonds or notes are\nredeemed prior to their stated maturities, and to purchase mental health\nservices facilities improvement bonds or mental health services\nfacilities improvement notes issued by the agency, or (e) for such other\ncorporate purposes of the agency relating to the carrying out of its\nfunctions, powers and duties with respect to the financing or\nrefinancing of the design, construction, acquisition, reconstruction,\nrehabilitation or improvement of mental health services facilities as\nthe agency in its discretion shall determine and provide.\n  5. The agency may create and establish one or more special funds to be\nknown as mental health services facilities improvement capital reserve\nfunds and may pay into such reserve funds (a) any moneys appropriated\nand made available by the state for the purposes of such funds, (b) any\nproceeds of the sale of mental health services facilities improvement\nnotes or bonds, to the extent provided in the resolution of the agency\nauthorizing the issuance thereof, and (c) any other moneys which may be\nmade available to the agency for the purposes of such funds from any\nother source or sources. The amount in each such capital reserve fund\nshall be determined by resolution of the agency provided, however, that\nsuch capital reserve fund shall not exceed the maximum amount of\npayments becoming due in any succeeding calendar year.\n  The moneys held in or credited to the capital reserve funds\nestablished under this subdivision except as hereinafter provided, shall\nbe used solely to the extent any payments as they become due pursuant to\none or more agreements referred to in subdivision two of this section\nare not made or provided for by the facilities development corporation,\nprovided, however, that the moneys in such funds shall, subject to\nagreement with the bondholders, not be withdrawn therefrom at any time\nin such amount as would reduce the amount thereof to less than the\namount determined by resolution of the agency except for the purpose of\nmaking such payments becoming due under the agreements with the\nfacilities development corporation and for which other moneys are not\navailable.\n  Any income or interest earned by, or increment to, any such mental\nhealth services improvement facilities capital reserve fund due to the\ninvestment thereof may be transferred to the mental health services\nfacilities fund to the extent it does not reduce the amount of such\nmental health services capital reserve fund below the reserve\nrequirement determined by resolution of the agency.\n  6. Notwithstanding any other provision of law, general or special:\n  a. Any public corporation or officer responsible for the acquisition\nof real property or any interest in real property or the planning,\nsupervision or administration of facilities thereon which may be\ndesigned, constructed, acquired, reconstructed, rehabilitated or\nimproved by the agency pursuant to this act is hereby authorized for and\non behalf and in the name of the people of the state of New York, to\nexecute and deliver to the agency, for such consideration, if any, as\nmay be determined by such public corporation or officer and the agency,\nbut not to exceed the cost of acquisition thereof and the cost of\nimprovement thereon, a lease for a term not exceeding thirty years or a\nquitclaim deed conveying to the agency the title to or any interest in\nreal property and to any real property or interest in real property of\nthe people of the state of New York acquired by such public corporation\nor officer for such facilities, and in and to any of the improvements\nthereon, for the purpose of designing, constructing, reconstructing,\nrehabilitating or improving thereon one or more facilities pursuant to\nthis act for lease or sublease to any such public corporation or\nofficer, in accordance with the terms of an agreement entered into among\nthem in accordance with law. The agency is hereby authorized to accept\nany such lease or conveyance from such public corporation or officer or\nfrom any voluntary agency, to lease or sublease such real property, any\ninterest in real property, improvements and facilities to such public\ncorporation or officer, and to hold the same subject to the terms of any\nsuch lease, conveyance, sublease or other agreement, and such public\ncorporation or officer is hereby authorized, with the approval of the\ndirector of the budget, to lease or sublease any such real property,\ninterests in real property, or improvements of the facilities designed,\nconstructed, reconstructed, rehabilitated or improved thereon pursuant\nto this act or other provisions of law, and to hold such real property,\nany interests in real property, improvements and facilities subject to\nthe terms of any such lease, sublease or other agreement.\n  b. (i) In the event that the agency shall fail, within five years from\nthe date of a lease or conveyance authorized pursuant to subdivision 1\nof this section, to construct, reconstruct, rehabilitate or improve the\nfacility or facilities thereon for which the conveyance was made, as\nprovided for in a lease, sublease, loan or other financing agreement\nentered into with such public corporation or officer, or in the event\nthat such facility or facilities shall cease to be used for the purposes\nintended, then and in either event but subject to the terms of any\nlease, sublease, loan or other financing agreement undertaken by the\nagency, such real property, interests in real property, and the\nimprovements and facilities thereon, shall revert to the people of the\nstate of New York with right of re-entry thereupon, and such lease or\ndeed shall be made subject to such conditions. Provided, however, that\nas a condition precedent to the exercise of such right of re-entry the\nagency shall be paid an amount equal to the purchase price of such real\nproperty, any interest in real property, and improvements, the\ndepreciated cost of any facility or facilities constructed,\nreconstructed, rehabilitated or improved thereon, and all other costs of\nthe agency incident to the acquisition of such real property, interest\nin real property, and the financing of construction, reconstruction,\nrehabilitation or improvement relating to such facility or facilities,\nall as provided in the aforesaid lease, sublease, loan or other\nfinancing agreement entered into with such public corporation or\nofficer. It is further provided that for the Corona Unit of the Bernard\nM. Fineson developmental disabilities services office, the agency may be\npaid an amount less than or equal to the purchase price of the real\nproperty, any interest in real property, and improvements, the\ndepreciated cost of the facility constructed, reconstructed,\nrehabilitated, demolished or improved thereon, and all other costs of\nthe agency incident to the acquisition of the real property, interest in\nreal property and the financing of construction, reconstruction,\nrehabilitation, demolition or improvement relating to the facility, all\nas provided in the aforesaid lease, sublease, loan or other financing\nagreement entered into with such public corporation or officer.\n  (ii) In the event that the agency shall determine that any portions of\nthe real property or interest in real property leased or conveyed\npursuant to subdivision 1 of this section are in excess of the real\nproperty or interest in real property needed to construct, reconstruct,\nrehabilitate or improve the facility or facilities thereon for which the\nconveyance was made, as provided in a lease, sublease, loan or other\nfinancing agreement entered into with such public corporation or officer\nor any voluntary agency, the agency may terminate its lease with respect\nto such excess portions of such real property or interest in real\nproperty or reconvey such excess portions to the people of the state of\nNew York or to such voluntary agency. Provided, however, that the state\nof New York or such public corporation or officer or such voluntary\nagency shall pay to the agency an amount equal to the consideration, if\nany, paid by the agency to such public corporation or officer or such\nvoluntary agency allocable to such excess real property or interest in\nreal property and such other costs of the agency as are incident to the\nacquisition of such excess real property or interest in real property,\nall as may be approved by such public corporation or officer or such\nvoluntary agency and the agency. Any monies so paid to the agency shall\nbe used and applied, subject to the provision of any contract with\nnoteholders and bondholders, for the sole purpose of paying costs and\nexpenses of the agency incident to the financing of the facility or\nfacilities to be designed, constructed, reconstructed, rehabilitated or\nimproved on such other portions of the real property or interest in real\nproperty as shall have been leased or conveyed to the agency pursuant to\nsubdivision 1 of this section. It is further provided that for the\nCorona unit of the Bernard M. Fineson developmental disabilities\nservices office, the state of New York or such public corporation or\nofficer or such voluntary agency may but is not required to pay to the\nagency an amount less than or equal to the consideration, if any, paid\nby the agency to such public corporation or officer or such voluntary\nagency allocable to such excess real property or interest in real\nproperty and such other costs of the agency as are incident to the\nacquisition of such excess real property or interest in real property,\nall as may be approved by such public corporation or officer or such\nvoluntary agency and the agency. Any monies so paid to the agency shall\nbe used and applied, subject to the provision of any contract with\nnoteholders and bondholders, for the sole purpose of paying costs and\nexpenses of the agency incident to the financing of the Corona unit of\nthe Bernard M. Fineson developmental disabilities services office to be\ndesigned, constructed, reconstructed, rehabilitated, demolished or\nimproved on such other portions of the real property or interest in real\nproperty as shall have been leased or conveyed to the agency pursuant to\nsubdivision 1 of this section.\n  c. The attorney general shall pass upon the form, sufficiency and\nmanner of execution of any deed of conveyance and of any lease or\nsublease of lands and of any loan or other financing agreement\nauthorized to be given under subdivision one of this section, excluding\nany lease or sublease given by a voluntary agency to the agency, and the\nsame shall not be effective unless so approved by him.\n  d. The cost of design, construction, acquisition, reconstruction,\nrehabilitation or improvement of facilities undertaken by the agency\npursuant to this act may include the cost of acquisition of any real\nproperty, interest in real property and improvements leased or conveyed\nto the agency in accordance with subdivision 1 of this section and the\ncost of the original furnishings, equipment, machinery and apparatus\ndetermined by the responsible public corporation or officer to be needed\nto furnish and equip such facilities upon the completion of work. The\nagency shall have power to acquire or lease and to hold real property,\nany interest in real property and improvements required for the design,\nconstruction, acquisition, reconstruction, rehabilitation or improvement\nof facilities undertaken by the agency pursuant to this act and to\nprovide the original furnishings, equipment, machinery and apparatus\ndetermined by the responsible public corporation or officer to be needed\nto furnish and equip such facilities upon the completion of work and to\nissue its bonds and notes to provide sufficient funds to pay or\nrefinance the cost thereof.\n  e. Any public corporation or officer referred to in paragraph a of\nthis subdivision is hereby authorized and empowered, in connection with\nany lease, sublease, loan or other financing agreement with the agency\nto which such public corporation or officer is a party, and subject to\nsuch agreements with third parties as may then exist, to:\n  (i) pledge or assign to the agency all or any portion of the revenues\nand monies received or to be received by such public corporation or\nofficer, which may be available for the purpose of making payments for\nthe use of the facilities constructed, acquired, reconstructed,\nrehabilitated or improved or to be constructed, acquired, reconstructed,\nrehabilitated or improved under such agreement, so that such payments\nmay be fully secured and protected; provided, however, that such pledge\nor assignment shall not extend to appropriations or advances from the\nstate except appropriations or advances made specifically for the\npurpose of paying all or any part of such payments;\n  (ii) use and dispose of such revenues and monies, or any portions\nthereof, for the purpose of defraying, in whole or in part, (1) the cost\nof acquiring any real property or interest in real property for the\npurpose of constructing, acquiring, reconstructing, rehabilitating or\nimproving facilities thereon which may be constructed, acquired,\nreconstructed, rehabilitated or improved by the agency pursuant to this\nact, (2) the cost of financing the construction, acquisition,\nreconstruction, rehabilitation or improvement of such facilities, and\n(3) the cost of acquiring the original furnishings, equipment, machinery\nand apparatus needed to furnish and equip such facilities upon the\ncompletion of work;\n  (iii) set aside reserves and to agree to the maintenance, regulation\nand disposition thereof;\n  (iv) agree to limitations on the purposes to which the proceeds of\nsale of agency notes or bonds may be applied and to the pledging of such\nproceeds to secure the payment of agency notes or bonds or of any issue\nthereof;\n  (v) agree to limitations on the making of additional leases,\nsubleases, loans or other financing agreements with the agency or with\nothers, and the terms upon which such additional leases, subleases,\nloans or other financing agreements may be made;\n  (vi) recognize and give effect to such assignment, upon receipt of any\nnotice of assignment by the agency of any such lease, sublease, loan or\nother financing agreement with the agency, or of any of its rights under\nsuch lease, sublease, loan or other financing agreement, and to pay the\nassignee thereof payments then due or which may become due under any\nsuch lease, sublease, loan or other financing agreement which has been\nso assigned by the agency; and\n  (vii) agree to any other matters, of like or different character,\nwhich in any way affect the security or protection of the payments\nrequired to be made under the terms of such lease, sublease, loan or\nother financing agreement with the agency.\n  f. (i) Any mental hygiene facility, as defined in this section, which\nhas been constructed, acquired, reconstructed, rehabilitated or\nimproved, in whole or in part, out of monies advanced or deemed to have\nbeen advanced to the facilities development corporation, the state\ndepartment of mental hygiene or the office of general services, since\nApril 1, 1963 pursuant to appropriations or reappropriations as advances\nfrom the capital projects fund, and the real property or any interest in\nreal property upon which such a facility is located, may be leased or\nconveyed to the agency by the facilities development corporation or the\ncommissioner of mental hygiene in accordance with the provisions of\nsubdivisions 1 through 5 of this section, notwithstanding that the\nconstruction, acquisition, reconstruction, rehabilitation or improvement\nof such facility may have been completed by the facilities development\ncorporation, the state department of mental hygiene or the office of\ngeneral services.\n  (ii) Subject to such agreements with third parties as may then exist,\nthe facilities development corporation is hereby authorized and\nempowered to enter into leases, subleases, loans and other financing\nagreements with the agency with respect to any mental hygiene facility\ndescribed in subparagraph (i) of this paragraph, and the real property\nor any interest in real property upon which such a facility is or may be\nlocated, in accordance with the provisions of subdivision 4 of section 9\nof the facilities development corporation act and the provisions of\nsubdivisions 1 through 5 of this section; and the agency is hereby\nauthorized and empowered to accept any lease or conveyance of any such\nmental hygiene facility, and the real property or any interest in real\nproperty upon which such a facility is or may be located, to acquire,\nconstruct, reconstruct, rehabilitate or improve any such facility, and\nto issue bonds and notes to provide sufficient funds therefor in\naccordance with the provisions of this section.\n  7. a. The agency shall have the power to acquire by lease or deed from\nthe facilities development corporation any real property acquired by the\ncorporation pursuant to the provisions of subdivision six of section\nnine of the facilities development corporation act (i) for the purpose\nof constructing, reconstructing, rehabilitating or improving thereon one\nor more community mental health and developmental disabilities\nfacilities or (ii) for the purpose of financing or refinancing the\nacquisition, construction, reconstruction, rehabilitation or improvement\nthereon of one or more community mental health and developmental\ndisabilities facilities, pursuant to the provisions of this act and the\nfacilities development corporation act. The agency is hereby authorized\nto lease or sublease such real property and facilities thereon to the\ncorporation for the purpose of making the same available to a city or a\ncounty not wholly within a city, for use and occupancy in accordance\nwith the provisions of a lease, sublease or other agreement between the\ncorporation and such city or county.\n  b. In the event that the agency shall fail, within five years after\nthe date of a lease or conveyance of such real property from property\nfrom such city or county to the corporation, to construct, reconstruct,\nrehabilitate or improve the community mental health and developmental\ndisabilities facility or facility thereon for which such lease or\nconveyance was made, as provided for in a lease, sublease or other\nfinancing agreement entered into by such city or county and the\ncorporation, then, subject to the terms of any lease, sublease or other\nfinancing agreement undertaken by the agency, such real property and any\nfacilities thereon shall revert to the corporation with right of\nre-entry thereupon, and such lease or deed shall be made subject to such\ncondition of reverter and re-entry. Provided, however, that as a\ncondition precedent to the exercise of such right of re-entry the\ncorporation shall pay to the agency an amount equal to the sum of the\npurchase price of such real property, the depreciated cost of any\ncommunity mental health and developmental disabilities facility or\nfacilities constructed, reconstructed, rehabilitated or improved thereon\nand all other costs of the agency incident to the acquisition of such\nlands and the financing of construction, reconstruction, rehabilitation\nor improvement relating to such community mental health and\ndevelopmental disabilities facility or facilities, all as provided in\nthe aforesaid lease, sublease or other financing agreement entered into\nwith the corporation. It is further provided that for the Corona unit of\nthe Bernard M. Fineson developmental disabilities services office, the\ncorporation may but is not required to pay to the agency an amount less\nthan or equal to the purchase price of the real property, the\ndepreciated cost of the sum of the community mental health and\ndevelopmental disabilities facility constructed, reconstructed,\nrehabilitated, demolished or improved thereon and all other costs of the\nagency incident to the acquisition of such lands and the financing of\nconstruction, reconstruction, rehabilitation, demolition or improvement\nrelating to such community mental health and developmental disabilities\nfacility, all as provided in the aforesaid lease, sublease or other\nfinancing agreement entered into with the corporation.\n  c. No real property or interest therein shall be acquired by the\nagency pursuant to this subdivision unless the title thereto shall be\napproved by the attorney general.\n  d. The attorney general shall pass upon the form and sufficiency and\nmanner of execution of any deed of conveyance and of any lease or\nsublease of real property authorized to be acquired by the agency\npursuant to this subdivision and the same shall not be effective unless\nsuch deed, lease or sublease shall be so approved by him.\n