2023 New York Laws › PBA - Public Authorities › Article 8 - Miscellaneous Authorities › Title 4 - Dormitory Authority › 1680 - Dormitories at Certain Educational Institutions Other Than State Operated Institutions and Statutory or Contract Colleges Under the Jurisdiction of Th

§  1680.  Dormitories  at  certain educational institutions other than
state operated institutions and statutory or contract colleges under the
jurisdiction of the state university of New York. 1. For all purposes of
this section sixteen hundred eighty, the term "educational  institution"
shall mean any of the following:
Any  institution  for  higher  education,  other than a state-operated
institution or statutory or contract college under the  jurisdiction  of
State  University of New York, as defined in section three hundred fifty
of the education law, located in this state, and  authorized  to  confer
degrees by law or by the board of regents.
Any non-profit institution or hospital at which the training of nurses
is  provided by a program approved by the department of education of the
state 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  as
Brookhaven Memorial Hospital.
Calvary Hospital, Inc.
A local sponsor as defined by subdivision three of section sixty-three
hundred  one  of the education law, or as defined by subdivision four of
section sixty-three hundred one of the education law with respect  to  a
community   college  region,  a  community  college  regional  board  of
trustees, or, with respect to locally sponsored  community  colleges  in
the city of New York, the city of New York or the board of education, as
the 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 Methodist
Church, 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 state
of 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 if
incorporated by the Board of Regents of the University of the  state  of
New 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 County
Chapter.
March of Dimes Birth Defects Foundation.
YM and YWHA of Mid-Westchester of the Associated YM-YWHA's of  Greater
New 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 equipping
of facilities subject to the approval of the commissioner of  education,
the  commissioner  of social services and the commissioner of the office
for  people  with  developmental  disabilities  for  a  residential  and
educational  program  for children with handicapping conditions, as such
term is defined in subdivision one of section forty-four hundred one  of
the  education  law,  including,  but not limited to, those students who
were publicly placed at the Rhinebeck Country School during the nineteen
hundred eighty-six--eighty-seven school year and in the  furtherance  of
the  state's  overall  goal  of  reducing  the  number  of children with
handicapping conditions requiring out-of-state  placements:  nothing  in
the  foregoing  shall  be deemed to authorize The Devereux Foundation to
apply any funds or credits obtained pursuant to this section toward  the
financing, construction or equipping of facilities on any other property
or  properties  it presently owns or controls or owns or controls in the
future.
New Hope  Community,  Inc.,  a  not-for-profit  corporation,  for  the
financing,  construction and development of residences for adults with a
developmental disability on forty acres of land purchased from Leon  and
Dave  Scharf,  d.b.a.  New  Hope Rehabilitation Center, located on State
Route 52 in the Town  of  Fallsburg,  to  replace  existing  residential
facilities operated by New Hope Rehabilitation Center.
For   the   financing,   construction,   reconstruction,  improvement,
renovation of or otherwise provided for United  Cerebral  Palsy  of  New

York  City,  Inc.,  for  (1)  an  intermediate  care  facility  for  the
developmentally disabled at Avenue S and Lake Street,  Brooklyn;  (2)  a
pre-school program service facility at Mason and Seaview Avenues, Staten
Island;  (3)  a children and adult program service facility at Stillwell
Avenue, Bronx; (4) a children and  adult  program  service  facility  at
Lawrence  Avenue, Brooklyn; (5) a pre-school program service building at
Lawrence Avenue, Brooklyn; (6) an adult program service building at Port
Richmond Avenue, Staten Island; (7) children's program services building
at Lawrence Avenue, Brooklyn; and  for  the  leasehold  improvements  to
Manhattan and adult programs services sites.
Special  act school districts listed in chapter five hundred sixty-six
of the laws of nineteen hundred sixty-seven, as amended.
State-supported schools for the instruction of deaf and blind students
and children with other  handicapping  conditions  pursuant  to  article
eighty-five  of  the education law and chapter one thousand sixty of the
laws of nineteen hundred seventy-four.
The education department of the state of New York, including  the  New
York state school for the blind, the New York state school for the deaf,
and  schools  established  by  the commissioner of education pursuant to
section forty-one hundred one  of  the  education  law,  for  facilities
owned,  operated  by,  or  provided  by  the  state  for the use of, the
education department of the  state  of  New  York,  including,  but  not
limited  to,  the  premises  commonly  known as the education department
building, located at 89 Washington Avenue in the  city  of  Albany,  New
York,  the  New  York  state  school  for the blind, located at Richmond
Avenue in the city of Batavia, New York, the New York state  school  for
the  deaf,  located  at  401 Turin Street in the city of Rome, New York,
schools established by the commissioner of  education  pursuant  to  the
provisions  of  subdivision one of section four thousand one hundred one
of the education law, and the premises commonly known  as  the  cultural
education  center  located  in  the  empire  state  plaza in the city of
Albany, New York, and attendant and related facilities.
Vesta Community Housing Development Board, Inc. of  Altamont  for  the
financing,   construction   and  equipping  of  facilities  for  persons
recovering from an addiction to alcohol or a controlled substance.
The  Utica  College  Foundation,  for  the   financing,   refinancing,
reimbursement   and   development  of  student  dormitory  and  academic
facilities at its Utica campus, including Burrstone House to serve as  a
dormitory  for students residing at the college; provided, however, that
the aggregate sum of such issuance of bonds shall not exceed thirty-five
million dollars.
Gateway Youth and Family Services for the financing, construction  and
development  of  new  facilities for a diagnostic and evaluation program
and a pre-independent living program, and to expand existing  facilities
in  a  special education school on real property located on Main Street,
Williamsville, county of Erie.
Orleans  County  Chapter-New  York  State  Association  for   Retarded
Children,  Inc.  for  the  financing, construction and development, of a
preschool facility and necessary ancillary  and  related  facilities  in
Orleans  county  to replace the existing preschool facility now operated
by the Orleans County Chapter-New York State  Association  for  Retarded
Children, Inc. at 151 Platt Street, Albion, N.Y. 14411.
New  York  State  Association  for  Retarded  Children,  Inc., for the
financing, construction and development, of  a  preschool  facility  and
necessary  ancillary  and  related  facilities  in Westchester county to
replace the existing preschool facilities now operated by the  New  York
State  Association  for  Retarded  Children,  Inc.,  Westchester  County

Chapter at 12 Green Street,  Mt.  Kisco,  New  York  and  50  Washington
Avenue, New Rochelle, New York.
New     York     State     Association    for    Retarded    Children,
Inc.-Livingston-Wyoming County Chapter for  the  financing,  acquisition
and  rehabilitation, of a preschool facility and necessary ancillary and
related facilities in Livingston county  to  expand  existing  preschool
facilities  now  operated by the New York State Association for Retarded
Children, Inc.-Livingston-Wyoming County  Chapter  located  at  18  Main
Street, Mount Morris, N.Y. 14510.
New  York  Association  for  the  Learning  Disabled, Capital District
Chapter, Inc., renamed Wildwood Programs,  Inc.,  for  the  acquisition,
financing,   refinancing,   construction,  reconstruction,  improvement,
renovation, development, expansion, furnishing, equipping  or  otherwise
providing for facilities for Wildwood Programs, Inc.
AMDA   INC./The   American  Musical  and  Dramatic  Academy,  for  the
financing, refinancing, reimbursement and development of a dormitory for
students 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  of
Westchester County,  Inc.,  for  (1)  a  twelve  bed  intermediate  care
facility  for  the developmentally disabled and (2) for expansion of the
day program service facility at Rye Brook, New York. Notwithstanding any
other provision of law, United Cerebral  Palsy  of  Westchester  County,
Inc.    shall  have full power and authority to assign and pledge to the
authority any and all public funds to be apportioned or  otherwise  made
payable by the state, a political subdivision, as defined in section one
hundred of the general municipal law, or any social services district in
the  state  in  an amount sufficient to make all payments required to be
made by United Cerebral Palsy of Westchester County,  Inc.  pursuant  to
any  lease,  sublease  or  other  agreement  entered  into  between such
organization and the authority. All state and local officers are  hereby
authorized and required to pay all such funds so assigned and pledged to
the  authority or upon the direction of the authority, to any trustee of
any authority bond or note issued pursuant to a certificate  filed  with
any  such  state  or  local  officer  by  the  authority pursuant to the
provisions of this paragraph. No agreement or lease by  United  Cerebral
Palsy of Westchester County, Inc. shall be effective unless and until it
is  approved  by  or on behalf of the commissioners of the various state
agencies that have jurisdiction over the project.
Hospice, Buffalo, for the financing, construction and  development  of
new  and  renovated  facilities for the care and treatment of terminally
ill individuals.
The National  Sports  Academy  at  Lake  Placid,  for  the  financing,
refinancing,  reimbursement  and development of a dormitory for students
residing at the academy and an academic facility.
Ferncliff  Manor  as  a  not-for-profit  residential  school   serving
children  who are severely mentally disabled and medically involved, who
will also  on  a  not-for-profit  basis  operate  an  intermediate  care
facility,  for the financing, construction, reconstruction, improvement,
renovation and development of five twelve bed dormitories in Westchester
County for such children, subject to the approval of  the  commissioners
of   education,   social  services,  and  the  office  for  people  with
developmental disabilities, and subject further to the approval  of  the
director  of  the  budget as to project need and project cost. Except to
the extent otherwise prohibited by law, Ferncliff Manor shall have  full
power and authority to assign and pledge to the authority, together with
any  pledge of its own assets and other income, any and all public funds

to be apportioned or otherwise made payable by the  state,  a  political
subdivision,  as defined in section one hundred of the general municipal
law, or  any  social  services  district  in  the  state  in  an  amount
sufficient  to  make all payments required to be made by Ferncliff Manor
pursuant to any lease, sublease or other agreement entered into  between
Ferncliff  Manor  and  the  authority.  All state and local officers are
hereby authorized and required to pay all such  funds  so  assigned  and
pledged  to the authority or upon the direction of the authority, to any
trustee of any authority bond or note issued pursuant to  a  certificate
filed  with any such state or local officer by the authority pursuant to
the provisions of this section. No agreement or lease by Ferncliff Manor
shall be effective unless and until it is approved by or  on  behalf  of
the  commissioners  of  education,  social  services, and the office for
people with developmental  disabilities,  and  subject  further  to  the
approval  of  the  director of the budget as to project need and project
cost.
The Leake and Watts Children's Home (Incorporated), Yonkers, New  York
for the financing, construction, reconstruction, improvement, renovation
or  otherwise for (1) a new school building for the junior high and high
school vocational programs including a field house; (2) a new children's
cottage and renovation and reconstruction of eight  existing  children's
cottages  to  provide  more  efficient heating and cooling systems, more
secure supervision and to increase the number of  beds;  (3)  renovation
and  reconstruction  of  the main building to provide new electrical and
plumbing systems and internal rehabilitation;  and  (4)  renovation  and
reconstruction  of  the old school building for multiple use; subject to
the approval of the commissioners of education, social services and  the
office  for  people with developmental disabilities, and subject further
to the approval of the director of the budget including  as  to  project
need  and  project cost. Notwithstanding any other provision of law, The
Leake and Watts Children's Home (Incorporated) shall have full power and
authority to assign and pledge to the authority, together with any other
assets so  pledged,  any  and  all  property  rights  to,  and  property
interests  in,  any  and all public funds to be apportioned or otherwise
made payable by the  state,  a  political  subdivision,  as  defined  in
section one hundred of the general municipal law, or any social services
district  in  the  state  in  an  amount sufficient to make all payments
required  to  be  made  by  The  Leake   and   Watts   Children's   Home
(Incorporated)  pursuant  to  any  lease,  sublease  or  other agreement
entered into between The Leake and Watts Children's Home  (Incorporated)
and  the  authority.  All state and local officers are hereby authorized
and required to pay all such  funds  so  assigned  and  pledged  to  the
authority  or upon the direction of the authority, to any trustee of any
authority bond or note issued pursuant to a certificate filed  with  any
such  state or local officer by the authority pursuant to the provisions
of this section. No lease, sublease or other agreement by The Leake  and
Watts Children's Home (Incorporated) shall be effective unless and until
it is approved by or on behalf of the commissioners of education, social
services  and  the office for people with developmental disabilities and
subject further to the approval of the director of the budget  including
as to project need and project cost.
Oxford  University  and  the Oxford University Press, Incorporated; or
either  of  them   for   the   financing,   acquisition,   construction,
reconstruction,  renovation  and  rehabilitation  of  facilities  to  be
located at thirty-fourth street and Madison avenue  in  the  borough  of
Manhattan, in the city of New York.
Berkshire Farm Center and Services for Youth, Canaan, New York for the
financing,   construction,   reconstruction,   improvement,  renovation,

equipping or otherwise providing for a dining facility on  the  existing
campus  of  Berkshire  Farm Center and Services for Youth in Canaan, New
York.
Notwithstanding  any other provision of law, Berkshire Farm Center and
Services for Youth shall have full power and  authority  to  assign  and
pledge  to  the  dormitory  authority,  any  and  all public funds to be
apportioned  or  otherwise  made  payable  by  the  state,  a  political
subdivision,  as defined in section one hundred of the general municipal
law, or  any  social  services  district  in  the  state  in  an  amount
sufficient  to  make  all payments required to be made by Berkshire Farm
Center and Services for Youth pursuant to any lease, sublease  or  other
agreement  entered  into  between Berkshire Farm Center and Services for
Youth and the dormitory authority. All  state  and  local  officers  are
hereby  authorized  and  required  to pay all such funds so assigned and
pledged to  the  dormitory  authority  or  upon  the  direction  of  the
dormitory  authority,  to any trustee of any dormitory authority bond or
note issued pursuant to a certificate filed with any such state or local
officer by the dormitory authority pursuant to the  provisions  of  this
section.
A public library.
South Street Seaport Museum, Inc.
United  Cerebral  Palsy Association of the Capital District, Inc., for
the  financing,  construction,   reimbursement,   and   development   of
residences  and  program  facilities  on  lands  owned by the Center, at
locations within Albany county.
Phoenix  House  Foundation,  Inc.,  New  York,  New  York,   for   the
acquisition,   financing,   refinancing,  construction,  reconstruction,
renovation,  development,  improvement,  expansion  and   equipping   of
facilities,   excluding   general   hospitals   as  defined  in  article
twenty-eight of the public health law, located  in  the  county  of  New
York,  or  at  sites  owned,  leased or operated by Phoenix House at the
following locations: 34-01,  34-11  and  34-25  Vernon  Boulevard,  Long
Island  City,  New York; 480 East 185th Street and 2329 Bassford Avenue,
Bronx, New York; 43-44 and 46-50 Jay Street,  Brooklyn,  New  York;  and
Shrub Oak, Westchester county, New York; for the provision of drug abuse
prevention  and  treatment,  medical,  psychiatric  and clinic services,
excluding those services provided by a general hospital  as  defined  in
article  twenty-eight  of  the  public  health  law, remedial education,
secondary education, vocational training and recreational facilities for
adolescent and adult substance and polysubstance abusers,  mentally  ill
chemical  abusers,  and  their  families, and related administrative and
support services.
Notwithstanding any other provision of law, Phoenix House  Foundation,
Inc.  shall  have  full  power and authority to assign and pledge to the
dormitory authority, any and all  public  funds  to  be  apportioned  or
otherwise made payable by the state, a political subdivision, as defined
in  section  one  hundred  of  the  general municipal law, or any social
services district in the state in  an  amount  sufficient  to  make  all
payments  required to be made by Phoenix House Foundation, Inc. pursuant
to any lease, sublease or other agreement entered into  between  Phoenix
House  Foundation, Inc. and the dormitory authority. All state and local
officers are hereby authorized and required to pay  all  such  funds  so
assigned  and  pledged to the dormitory authority or, upon the direction
of the dormitory authority, to any trustee of  any  dormitory  authority
bond  or note issue, pursuant to a certificate filed with any such state
or local officer by the dormitory authority pursuant to  the  provisions
of this section.
Irish American Heritage Museum.
The  Crown  Heights  Jewish  Community  Council, Inc. a not-for-profit
corporation, for the financing, refinancing, acquisition,  construction,
reconstruction, renovation, rehabilitation of, furnishing, equipping and
otherwise providing for buildings to serve as a dormitories for students
enrolled   in   various   professional   or  post-secondary  educational
institutions.
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 the
acquisition,  financing,  refinancing,   construction,   reconstruction,
renovation, development, improvement, expansion and equipping of certain
educational, administrative and residential facilities, to be located in
the state of New York.
Notwithstanding any other provision of law, the DePaul Group, Inc. and
its  affiliates  and subsidiaries shall have full power and authority to
assign and pledge to the dormitory authority, any and all  public  funds
to  be  apportioned  or otherwise made payable by the state, a political
subdivision, as defined in section one hundred of the general  municipal
law,  or  any  social  services  district  in  the  state  in  an amount
sufficient to make all payments required to be made by the DePaul Group,
Inc. pursuant to any lease, sublease or  other  agreement  entered  into
between  the  DePaul  Group, Inc. and the dormitory authority. All state
and local officers are hereby authorized and required to  pay  all  such
funds  so  assigned  and pledged to the dormitory authority or, upon the
direction of the dormitory authority, to any trustee  of  any  dormitory
authority  bond  or note issue, pursuant to a certificate filed with any
such state or local officer by the dormitory authority pursuant  to  the
provisions of this section.
University Heights Association, Inc.
Little  Flower Children's Services of New York, Brooklyn, New York for
the financing, construction,  reconstruction,  improvement,  renovation,
equipping  or  otherwise  providing  for four residential facilities for
learning disabled children, subject to the approval of the commissioners
of education and social services and subject further to the approval  of
the  director  of  the  budget  as  to  project  need  and project cost.
Notwithstanding any other provision of  law,  Little  Flower  Children's
Services  of  New York shall have full power and authority to assign and
pledge to the authority, any and all public funds to be  apportioned  or
otherwise made payable by the state, a political subdivision, as defined
in  section  one  hundred  of  the  general municipal law, or any social
services district in the state in  an  amount  sufficient  to  make  all
payments required to be made by Little Flower Children's Services of New
York  pursuant  to  any  lease, sublease or other agreement entered into
between Little Flower Children's Services of New York and the authority.
All state and local officers are hereby authorized and required  to  pay
all  such  funds  so  assigned and pledged to the authority, or upon the
direction of the authority, to any trustee of any authority bond or note
issued pursuant to a certificate filed with  any  such  state  or  local
officer  by the authority pursuant to the provisions of this section. No
lease, sublease or other agreement by Little Flower Children's  Services
of  New York shall be effective unless and until it is approved by or on
behalf of the commissioners of education and social services and further
approved by the director of the budget as to project  need  and  project
cost.
The  Roswell  Park  Cancer  Institute  corporation  and its subsidiary
corporations.
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, a
not-for-profit   corporation,   for    the    financing,    refinancing,
construction,   reconstruction,   furnishing,   equipping,  improvement,
renovation or otherwise providing for facilities  to  serve  and  assist
children and their families in crisis and distress.
Yeshiva Beis Leivy.
Roberson Memorial, Inc., doing business as Roberson Museum and Science
Center.
* Not-for-profit   members   of  the  New  York  State  Rehabilitation
Association and the New York Alliance for Inclusion and  Innovation  and
any successor in interest to any such organization, for the acquisition,
financing,   refinancing,   construction,   reconstruction,  renovation,
development,   improvement,   expansion   and   equipping   of   certain
educational, administrative, residential, clinical, day programming, job
training and workforce development facilities to be located in the state
of New York.
Notwithstanding  any other provision of law, not-for-profit members of
the New York State Rehabilitation Association and the New York  Alliance
for  Inclusion  and Innovation and any successor in interest to any such
organization, with the concurrence of the applicable  association  shall
have  full  power  and  authority  to assign and pledge to the dormitory
authority, any and all public funds to be apportioned or otherwise  made
payable  by the United States, any agency thereof, the state, any agency
thereof to the extent permitted by  law,  a  political  subdivision,  as
defined  in section one hundred of the general municipal law, any social
services district in the state or any other governmental  entity  in  an
amount  sufficient  to  make  all  payments  required to be made by such
members pursuant to any lease, sublease or other agreement entered  into
between  such  members  and the dormitory authority. All state and local
officers are hereby authorized and required to pay  all  such  funds  so
assigned  and  pledged to the dormitory authority or, upon the direction
of the dormitory authority, to any trustee of  any  dormitory  authority
bond  or note issue, pursuant to a certificate filed with any such state
or local officer by the dormitory authority pursuant to  the  provisions
of  this  section.  The  New  York  State  Rehabilitation  Association's
responsibilities and the responsibilities of the New York  Alliance  for
Inclusion  and  Innovation  and  any  successor  in interest to any such
organization, in relation to any lease,  sublease,  or  other  agreement
between the dormitory authority and the applicable association's members
shall  include, but not be limited to, coordinating and facilitating any
required financial  disclosure  and  any  other  matters  heretofore  or
hereafter 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 residential
facilities and necessary ancillary and related facilities throughout the
state.
* NB Repealed December 31, 2028
* Notwithstanding any other provision of law, NYSARC, Inc. shall  have
full power and authority to assign and pledge to the dormitory authority
any  and  all  public funds to be appropriated, apportioned or otherwise

made payable by the federal government, any agency thereof, the state of
New York, a political subdivision, as defined in section one hundred  of
the  general municipal law, or any social services district in the state
of  New York in an amount sufficient to make all payments required to be
made by such entity  pursuant  to  any  necessary  or  useful  agreement
entered into between such entity and the dormitory authority.
* NB Repealed December 31, 2028
* All  state  and local officers are hereby authorized and required to
pay all such funds so assigned and pledged to  the  dormitory  authority
or, upon the direction of the dormitory authority, to any trustee of any
dormitory  bond  or note issued pursuant to a certificate filed with any
such state or local officer by the dormitory authority pursuant  to  the
provisions of this subdivision.
* NB Repealed December 31, 2028
Educational  Housing  Services Inc., a not-for-profit corporation, for
the acquisition, financing, refinancing,  construction,  reconstruction,
renovation,   development,  improvement,  expansion,  and  equipping  of
housing for students and/or faculty at institutions of higher  education
located within the five boroughs of the city of New York and Westchester
county  either  directly or by creation of a wholly-owned not-for-profit
subsidiary corporation or  controlled  corporations,  limited  liability
companies,  or  partnerships  that  are  not  subject  to federal income
taxation (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 developmental
disability.
Notwithstanding  any  other  provision  of law, Terence Cardinal Cooke
Health Care Center shall have full power and  authority  to  assign  and
pledge  to  the  dormitory  authority  any  and  all  public funds to be
appropriated, apportioned or  otherwise  made  payable  by  the  federal
government,  any  agency  thereof,  the  state  of New York, a political
subdivision, as defined in section one hundred of the general  municipal
law,  or  any  social  services  district in the state of New York in an
amount sufficient to make all payments  required  to  be  made  by  such
entity  pursuant  to  any  necessary  or  useful  agreement entered into
between such entity and the dormitory authority.
All state and local officers are hereby authorized and required to pay
all such funds so assigned and pledged to the  dormitory  authority  or,
upon  the  direction  of  the dormitory authority, to any trustee of any
dormitory bond or note issued pursuant to a certificate filed  with  any
such  state  or local officer by the dormitory authority pursuant to the
provisions of this subdivision.
* NB Repealed December 31, 2028
United  States  Military  Academy  for  the   purpose   of   providing
construction  related  services  in  connection  with  the construction,
reconstruction, improvement, renovation,  development  or  expansion  of
facilities  owned  by the United States Military Academy located at West
Point, New York.
The Helen Keller National Center for Deaf-Blind Youths and  Adults,  a
not-for-profit  corporation  located  in  Sands Point, New York, for the
acquisition,  financing,  refinancing,   construction,   reconstruction,
renovation,   development,   improvement,  expansion  and  equipping  of
facilities.
The Green Chimneys Children's Services, Inc., Brewster, New  York  for
the  financing,  refinancing, construction, reconstruction, improvement,
renovation,  equipping  or  otherwise  for  new   children's   cottages.

Notwithstanding   any   other  provision  of  law,  The  Green  Chimneys
Children's Services, Inc. shall have full power and authority to  assign
and  pledge  to the authority any and all public funds to be apportioned
or  otherwise  made  payable  by  the state, a political subdivision, as
defined in section one hundred of the  general  municipal  law,  or  any
social  services  district  in the state in an amount sufficient to make
all payments required to  be  made  by  The  Green  Chimneys  Children's
Services,  Inc.  pursuant  to  any  lease,  sublease  or other agreement
entered into between The Green Chimneys Children's  Services,  Inc.  and
the  authority.  All  state and local officers are hereby authorized and
required to pay all such funds so assigned and pledged to the  authority
or  upon the direction of the authority, to any trustee of any authority
bond or note issued pursuant to a certificate filed with any such  state
or  local  officer  by  the authority pursuant to the provisions of this
section.  No  agreement  or  lease  by  The  Green  Chimneys  Children's
Services,  Inc. shall be effective unless and until it is approved by or
on behalf of the commissioners of the various state agencies  that  have
jurisdiction over the project.
The  state university construction fund or any other public or private
entity in connection with financing, refinancing,  acquisition,  design,
construction,  reconstruction,  rehabilitation,  improvement, furnishing
and equipping of or otherwise providing for, a pharmaceutical  research,
development,  which  may  also  include  a manufacturing facility at the
state university of New York college of technology at  Farmingdale.  The
authority  shall  exercise only those powers or duties set forth in this
section as shall be set forth in an agreement by and between  the  state
university  construction  fund,  the  authority  and  any such public or
private entity.
MSMC realty corporation, a support organization  of  the  Mount  Sinai
hospital,  Mount  Sinai school of medicine of the city university of New
York and the Mount Sinai  medical  center,  inc.  (collectively,  "Mount
Sinai"), for the purpose of providing facilities and equipment for Mount
Sinai.  As  used  in  this  paragraph  and  for purposes of chapter five
hundred fifty-four of the laws of  nineteen  hundred  ninety-nine,  MSMC
Realty  Corporation  shall be deemed to include any other entity created
by MSMC Realty Corporation or Mount Sinai for the  purpose  of  entering
into  an  agreement  with  the  dormitory  authority  pursuant  to  this
paragraph.
Notwithstanding any other provision of law,  MSMC  realty  corporation
shall  have  full  power  and  authority  to  assign  and  pledge to the
dormitory authority  any  and  all  public  funds  to  be  appropriated,
apportioned  or  otherwise  made  payable by the federal government, any
agency thereof, the state of  New  York,  a  political  subdivision,  as
defined  in  section  one  hundred  of the general municipal law, or any
social services  district  in  the  state  of  New  York  in  an  amount
sufficient  to  make  all  payments  required  to be made by such entity
pursuant to any necessary or useful agreement entered into between  such
entity and the dormitory authority.
All state and local officers are hereby authorized and required to pay
all  such  funds  so assigned and pledged to the dormitory authority or,
upon the direction of the dormitory authority, to  any  trustee  of  any
dormitory  authority  bond or note issue pursuant to a certificate filed
with any such state or local officer by the dormitory authority pursuant
to the provisions of this subdivision.
The state university construction fund or any other public or  private
entity  in  connection with financing, refinancing, acquisition, design,
construction, reconstruction,  rehabilitation,  improvement,  furnishing
and  equipping of or otherwise providing for approved university-related

economic  development  projects  authorized  by  section  three  hundred
seventy-two-a  of  the  education law. The authority shall exercise only
those powers or duties set forth in this section as shall be  set  forth
in  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 offices
and satellite facilities located in New  York  state  including:  Albany
YMCA,   Camp  Chingachgook,  Guilderland  YMCA,  Parkside  Family  YMCA,
Schenectady YMCA, Southern Saratoga  YMCA,  Troy  Family  YMCA  and  any
successor  in interest to any such organization for the financing and/or
refinancing   of   the   acquisition,   construction,    reconstruction,
renovation,  development,  improvement,  expansion and/or equipping of a
facility or facilities and necessary ancillary and  related  facilities,
provided  that the aggregate amount of any bonds issued for such purpose
shall 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 Chemung
County, Inc., Finger Lakes United Cerebral Palsy, Inc., United  Cerebral
Palsy  Associations  of  Fulton  and  Montgomery  Counties, Inc., United
Cerebral Palsy Association of the Tri-Counties, Inc.,  Franziska  Racker
Centers, Inc., United Cerebral Palsy Association of Nassau County, Inc.,
United  Cerebral  Palsy  of  New  York City, Inc., United Cerebral Palsy
Association of  Niagara  County,  Inc.,  Orange  County  Cerebral  Palsy
Association,  Inc.,  United  Cerebral  Palsy  of  Queens,  Inc.,  United
Cerebral 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  -  The
Center  for  Discovery,  Inc.,  United  Cerebral  Palsy  and Handicapped
Children's Association of  Syracuse,  Inc.,  United  Cerebral  Palsy  of
Ulster  County  Inc.,  United  Cerebral  Palsy  and Handicapped Person's
Association of the Utica Area, Inc., United Cerebral  Palsy  Association
of  Westchester,  Inc.  and  Unified  Creative  Programs,  Inc.,  United
Cerebral Palsy Association of Western New York,  Inc.,  United  Cerebral
Palsy Association of Putnam and Southern Dutchess Counties, Inc., United
Cerebral  Palsy  Association of the North Country, Inc., United Cerebral
Palsy  Associations  of  New  York  State,  Inc.,   any   not-for-profit
affiliates  or members of Cerebral Palsy Associations of New York State,
Inc., and any successor in interest to any  such  organization  for  the
financing   and/or   refinancing   of   the  acquisition,  construction,
reconstruction, renovation, development, improvement,  expansion  and/or
equipping  of  a  facility  or  facilities  and  necessary ancillary and
related  facilities  throughout  the  state  of  New   York,   including
educational,  residential, administrative, clinical, and day programming
facilities used  in  the  provision  of  services  to  individuals  with
disabilities.
The  university  at Albany foundation, or an associated not-for-profit
corporation controlled by the university at Albany foundation which  has
been  formed  or is formed within one year of the effective date of this
paragraph, for the purpose of financing or refinancing the  acquisition,
design,   construction,   reconstruction,  rehabilitation,  improvement,
furnishing and equipping of, or otherwise providing for  a  facility  to
serve  as  an incubator and research facility located at the East Campus
of the university at Albany, provided  that  the  amount  of  any  bonds
issued  for  such  purpose  shall  not  exceed  twelve  million  dollars
($12,000,000); and Fuller road management corporation, for  the  purpose
of  financing  or  refinancing  the  design,  construction, improvement,
furnishing and equipping of incubator and  research  facilities  at  the
center  for  environmental  sciences and technology management, provided

that the amount of any bonds issued for such purpose  shall  not  exceed
ten  million dollars ($10,000,000), and provided, further, that any such
borrowing and such projects  shall  have  been  approved  by  the  state
university of New York.
Baker  Hall,  Lackawanna,  New  York  for  the financing, acquisition,
construction, reconstruction, renovation and improvement for  facilities
in  Lackawanna,  New  York.  Notwithstanding any other provision of law,
Baker Hall, Lackawanna, New York shall have full power and authority  to
assign  and  pledge  to  the  authority  any  and all public funds to be
apportioned  or  otherwise  made  payable  by  the  state,  a  political
subdivision,  as defined in section one hundred of the general municipal
law, or  any  social  services  district  in  the  state  in  an  amount
sufficient  to  make  all  payments  required  to be made by Baker Hall,
Lackawanna, New York pursuant to any lease, sublease or other  agreement
entered into between Baker Hall, Lackawanna, New York and the authority.
All  state  and local officers are hereby authorized and required to pay
all such funds so assigned and pledged to  the  authority  or  upon  the
direction of the authority, to any trustee of any authority bond or note
issued  pursuant  to  a  certificate  filed with any such state or local
officer by the authority pursuant to the provisions of this section.  No
agreement  or  lease  by  Baker  Hall,  Lackawanna,  New  York  shall be
effective unless and until it  is  approved  by  or  on  behalf  of  the
commissioners  of the various state agencies that have jurisdiction over
the project.
The   Abyssinian   Cultural   Building   Corporation,   a   New   York
not-for-profit   corporation,  with  respect  to  the  financing  and/or
refinancing of the acquisition,  design,  construction,  reconstruction,
rehabilitation, improvement, furnishing, purchasing and equipping of, or
otherwise  providing  for,  an  educational  facility  for  the Thurgood
Marshall Academy for Learning and Social Change to be leased to the  New
York  city school construction authority or to the board of education of
the city school district of the city of New York  for  school  purposes;
provided  that  the  aggregate  amount  of bonds issued by the dormitory
authority issued for the Abyssinian Cultural Building Corporation  shall
not  exceed  thirty million dollars ($30,000,000). In furtherance of the
aforesaid purposes and notwithstanding any other provision of  law,  the
following provisions shall apply:
(i) The Abyssinian Cultural Building Corporation shall have full power
and  authority  to  assign and pledge to the dormitory authority any and
all funds payable to  it  by  the  New  York  city  school  construction
authority  or  the board of education of the city school district of the
city of New York pursuant to any lease entered into by and  between  the
Abyssinian  Cultural  Building  Corporation and the New York city school
construction authority or the board of  education  of  the  city  school
district of the city of New York;
(ii)  The  New York city school construction authority or the board of
education of the city school district of the city of New York is  hereby
authorized  to  pay  all  lease  payments  assigned  and  pledged by the
Abyssinian Cultural Building Corporation pursuant to subparagraph (i) of
this paragraph to the dormitory authority  or,  upon  direction  of  the
dormitory  authority,  to  any  trustee  of  any  bonds  issued  by  the
authority;
(iii) Any lease  by  and  between  the  Abyssinian  Cultural  Building
Corporation  and  the New York city school construction authority or the
board of education of the city school district of the city of  New  York
relating  to  an  educational facility for the Thurgood Marshall Academy
for Learning and Social Change shall provide that the obligation of  the
school district to make annual lease payments to the Abyssinian Cultural

Building  Corporation or to the dormitory authority shall not constitute
a debt of the city of New York within the meaning of any  constitutional
or  statutory provision and shall be deemed executory only to the extent
of  moneys  made  available  to  the  New  York city school construction
authority or the board of education of the city school district  of  the
city  of  New  York,  and  that no liability on account thereof shall be
incurred by the New York city school construction authority or the board
of education of the city school district of the city of New York  beyond
the moneys available for the purpose thereof;
(iv)  Any  lease  by  and  between  the  Abyssinian  Cultural Building
Corporation and the New York city school construction authority  or  the
board  of  education of the city school district of the city of New York
shall not be deemed to be an installment purchase contract, contract for
public work or purchase contract within the meaning of article five-A of
the general municipal law or any other law; and
(v)  No  agreement  of  lease  by  the  Abyssinian  Cultural  Building
Corporation  pursuant  to  this paragraph shall be effective unless, and
until, it is approved by the board of education and  the  chancellor  of
the city school district of the city of New York.
Any  school  district  in  the  state with respect to the financing or
refinancing of all or a portion of school  district  capital  facilities
and   school  district  capital  equipment  for  such  school  districts
provided, however, that financing of such projects shall be  limited  to
financing   of  projects  eligible  for  an  apportionment  pursuant  to
subparagraph  three  of  paragraph  e  of  subdivision  six  of  section
thirty-six hundred two of the education law.
A  qualified  zone  academy  located  in  a  city  having  one hundred
twenty-five thousand or more inhabitants  for  the  purpose  of  issuing
qualified  zone  academy  bonds  in accordance with section 1397E of the
internal revenue code, as the same may be amended.  In  connection  with
the   issuance   of  qualified  zone  academy  bonds  as  aforesaid  and
notwithstanding any other provision of the  law  to  the  contrary,  the
following provisions shall apply:
(1)  The  dormitory  authority  and  a city acting on behalf of a city
school district in a city having one  hundred  twenty-five  thousand  or
more  inhabitants shall each be empowered and authorized to enter into a
lease, sublease or other  agreement  pursuant  to  which  the  dormitory
authority may finance the rehabilitation or repair of a school facility,
the  provision  of  equipment  for  use  at  such facility, or any other
expenditure in connection with such facility which would be a "qualified
purpose" as defined in section  1397E  of  the  internal  revenue  code,
provided that such financing shall be for such projects contained within
the  city  school district's approved application to the state education
department for projects  pursuant  to  section  1397E  of  the  internal
revenue  code  and,  if  applicable,  is  included  in  the  city school
district's five year capital facilities plan pursuant to the  applicable
provisions  of  section twenty-five hundred ninety-p and subdivision six
of section thirty-six hundred two of  the  education  law.  Such  lease,
sublease  or other agreement may provide for annual or other payments to
the dormitory authority by or on behalf of the city school district  and
may contain such other terms and conditions as may be agreed upon by the
parties  thereto,  including,  but  not limited to, the establishment of
reserve funds and indemnities.
(2) In a city school district of a city having  a  population  of  one
hundred  twenty-five  thousand  or  more,  no  lease,  sublease or other
agreement entered by such city on behalf of the board  of  education  of
such  city  school district pursuant to the provisions of this paragraph

shall be effective unless, and until, it is approved  by  the  board  of
education of such city school district and the mayor of such city.
(3)  Any such lease, sublease or other agreement entered into pursuant
to this paragraph may provide that the provisions thereof  shall  remain
in  force  and effect until the bonds, notes or other obligations of the
dormitory authority are no longer outstanding, together with interest on
any unpaid installments of interest and the fees  and  expenses  of  the
dormitory  authority,  are fully met and discharged, and any payments to
be made by a city on behalf of the city school district to the dormitory
authority may be pledged to secure such bonds.
(4) (i) In the event of the failure in whole or in part of a  city  to
make  payments  when  due  pursuant  to  any  lease,  sublease  or other
agreement  entered  into  pursuant  to  this  paragraph,  the  dormitory
authority  shall  forthwith make and deliver to the state comptroller, a
certificate stating the amount of the payment required to have been made
by the city, the amount paid by the city and the amount remaining unpaid
by the city.  The  state  comptroller  shall,  in  accordance  with  the
provisions of section ninety-nine-b of the state finance law, pay to the
dormitory  authority  not  later  than thirty days after the certificate
shall have  been  filed  by  the  dormitory  authority  with  the  state
comptroller  the  amount  set  forth  in  such  certificate as remaining
unpaid.
(ii) For purposes of section ninety-nine-b of the  state  finance  law
and  notwithstanding the provisions of any general or special law to the
contrary, the following shall apply in connection with  any  certificate
filed  by the dormitory authority pursuant to this subparagraph: (A) all
leases, subleases or other agreements entered into by and between a city
pursuant to this subdivision shall be deemed "bonds or notes issued  for
school  district  purposes";  (B) the certificate filed by the dormitory
authority with the state comptroller as provided herein shall be  deemed
to  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 holders
of any bonds issued by the dormitory authority, shall be  deemed  to  be
the  "paying agent"; and (D) the amount payable by the state comptroller
to the dormitory authority shall include principal, interest  and  other
amounts  payable to the dormitory authority under any lease, sublease or
other agreement.
The  NDC  housing  and  economic  development  corporation   and   its
affiliates   for   the   financing,  refinancing,  acquisition,  design,
construction, reconstruction, renovation,  rehabilitation,  improvement,
expansion,  furnishing  and equipping of, or otherwise providing for one
building to be located at 160 East 24th Street, New York, N.Y. to  serve
as  a  dormitory for students attending institutions of higher education
within the city of New York.
School Districts having Eligible School District Projects
Political  subdivisions  financing  eligible  wireless   911   capital
equipment.
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 otherwise
providing for facilities for the Interart Rehearsal Studio and  Cultural
Center  Complex located at 543-551 West 52nd Street in the Clinton Urban
Renewal 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 for
facilities as  a  centralized  location  for  preserving  and  advancing

scholarship,  art, history, and culture through its archival collection,
in a one hundred twenty thousand square foot facility located at 15 West
16th Street in Manhattan.
The  Kaatsbaan  International Dance Center, Inc., for the acquisition,
financing,  refinancing,   construction,   reconstruction,   renovation,
development,   improvement,   expansion,  furnishing  and  equipping  or
otherwise  providing  for  a   professional   creative   residence   and
performance  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  facilities
devoted to the collaboration of art and technology in New York state and
the  construction  of a new ninety thousand square foot building located
in the Chelsea area of New York city.
Youth Environmental Services, d/b/a Yes Community Counseling, for  the
acquisition,   financing,   refinancing,  construction,  reconstruction,
renovation,  development,   improvement,   expansion,   furnishing   and
equipping or otherwise providing for the purchase of a building for such
not-for-profit group located in Massapequa, New York.
The  New  York military academy, an education corporation chartered by
the board of regents located in Cornwall-on-Hudson, New  York,  for  the
acquisition,   financing,   refinancing,  construction,  reconstruction,
renovation,  development,  improvement,  expansion  and   equipping   of
facilities.
Preventive   Medicine  Institute,  doing  business  as  Strang  Cancer
Prevention Center.
Any residential institution for children  as  defined  in  subdivision
forty-four  of section sixteen hundred seventy-six of this title for the
financing, refinancing, design, replacement (including  acquisition  and
construction),  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  otherwise
providing for such facilities in Harlem, New York city.
34th  Street Cancer Center, Inc., with respect to the financing and/or
refinancing of the acquisition, purchasing and equipping  of  a  certain
building located at 160 East 34th Street, New York, New York, for use as
a  cancer  center.  Notwithstanding  any  other  provision  of  law, the
following provisions shall apply:
(i) 34th  Street  Cancer  Center,  Inc.  shall  have  full  power  and
authority  to  assign  and pledge to the dormitory authority any and all
public funds to be appropriated, apportioned, or otherwise made  payable
by  the federal government, any agency thereof, the state of New York, a
political subdivision, as defined in section one hundred of the  general
municipal  law, or any social services district in the state of New York
in an amount sufficient to make all payments required to be made by such
entity pursuant to any agreement entered into between  such  entity  and
the  dormitory  authority necessary or useful for the purposes set forth
in this paragraph.
(ii) All state and local officers are hereby authorized  and  required
to pay all such funds so assigned and pledged to the dormitory authority
or, upon the direction of the dormitory authority, to any trustee of any
dormitory  authority bond or note issued pursuant to a certificate filed
with any such state or local officer by the dormitory authority pursuant
to the provisions of this paragraph.
The Beacon Institute,  Inc.,  a  domestic  not-for-profit  corporation
formerly  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 for
conducting a  program  of  research  and  education  that  advances  the
understanding   of  rivers  and  estuaries  and  develops  policies  and
practices that benefit the human and  natural  communities  that  depend
upon  these  ecosystems, located at Beacon Harbor and Denning's Point in
Beacon, New York, The Upper Hudson Research Center at Troy,  located  at
the  waterfront  in  Troy,  New York and the Center for Tributary Study,
located at Creek Road in Beacon, New York, and the Old Main Building  at
Clarkson University located in Potsdam, New York.
The  Rochester school construction board for the financing of projects
authorized pursuant to the city of Rochester and the board of  education
of  the  city school district of the city of Rochester school facilities
modernization program act.
Albany Convention Center Authority
The YMCA of Greater  Syracuse  and  related  branches,  administrative
offices  and  satellite  facilities located in New York state including:
Downtown YMCA, East Area YMCA, North Area  YMCA,  Northwest  YMCA,  Camp
Iroquois  and any successor in interest to any such organization for the
financing  and/or  refinancing   of   the   acquisition,   construction,
reconstruction,  development, improvement, expansion and/or equipping of
a facility or facilities and necessary ancillary and related facilities.
The  United  States  Maritime  Resource  Center  for  the  purpose  of
financing,   refinancing,   construction,   reconstruction,  renovation,
development, expansion and  equipping  of  a  facility  to  serve  as  a
classroom  and  student  residence  building  in support of professional
education and training programs to be  located  on  the  campus  of  the
United 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  and
equipping of certain educational, administrative, clinical, day  program
and  residential  facilities  to  be  located  in the state of New York.
Notwithstanding any other provision of law,  not-for-profit  members  of
the  Alliance  of  Long  Island Agencies, Inc. shall have full power and
authority to assign and pledge to the dormitory authority, any  and  all
public  funds  to be apportioned or otherwise made payable by the United
States, any agency thereof, the state, any agency thereof,  a  political
subdivision,  as defined in section one hundred of the general municipal
law, any social services district in the state or any other governmental
entity in an amount sufficient to make all payments required to be  made
by  such  members  pursuant  to  any  lease, sublease or other agreement
entered into between such members and the dormitory authority. All state
and local officers are hereby authorized and required to  pay  all  such
funds  so  assigned  and pledged to the dormitory authority or, upon the
direction of the dormitory authority, to any trustee  of  any  dormitory
authority  bond or note issued, pursuant to a certificate filed with any
such state or local officer by the dormitory authority pursuant  to  the
provisions of this section.
Fordham Preparatory School, Inc., for the financing or refinancing, or
reimbursement  of  the  costs  of the acquisition, design, construction,
reconstruction, rehabilitation, improvement,  furnishing  and  equipping
of,  or  otherwise  providing for construction of additional educational
facilities located on Fordham University Rose Hill  Campus,  the  Bronx,
New York.
The  Reece  School, for the financing or refinancing, or reimbursement
of the costs of, the acquisition, design, construction,  reconstruction,
rehabilitation,  improvement,  furnishing and equipping of, or otherwise
providing for, additional floors or facilities for education and therapy
at  their facility located at twenty-five East One Hundred Fourth Street
in the city of New York, to serve as  a  school  for  special  education
students;  provided, however, that the aggregate sum of any bonds issued
for  such  purpose  shall  not  exceed  thirty-five   million   dollars.
Notwithstanding  any other provision of law, the Reece School shall have
full  power  and  authority  to  assign  and  pledge  to  the  dormitory
authority,  any and all public funds to be apportioned or otherwise made
payable by the United States, any agency thereof, the state, any  agency
thereof,  a  political subdivision, as defined in section one hundred of
the general municipal law, any social services district in the state  or
any  other  governmental  entity  in  an  amount  sufficient to make all
payments required to be made by the Reece School to any lease,  sublease
or  other  agreement  entered  into  between  the  Reece  School and the
dormitory authority. All state and local officers are hereby  authorized
and  required  to  pay  all  such  funds  so assigned and pledged to the
dormitory authority or, upon the direction of the  dormitory  authority,
to  any trustee of any dormitory authority bond or note issued, pursuant
to a certificate filed with any such  state  or  local  officer  by  the
dormitory authority pursuant to the provisions of this section.
Friends  Academy,  Glen  Cove,  Nassau  County,  for  the financing or
refinancing, or reimbursement of the costs of the  acquisition,  design,
construction,  reconstruction,  rehabilitation,  improvement, furnishing
and equipping of, or otherwise providing for, the complete renovation of
the lower school located on the campus  at  Glen  Cove,  Nassau  County,
provided  however,  that  the aggregate sum of any bonds issued for such
purpose shall not exceed six million five hundred thousand dollars.
Not-for-profit  members  of  InterAgency  Council   of   Developmental
Disabilities   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  be
located in the state of New York. Notwithstanding any other provision of
law,  not-for-profit members of the InterAgency Council of Developmental
Disabilities Agencies, Inc. shall  have  full  power  and  authority  to
assign  and  pledge to the dormitory authority, any and all public funds
to be apportioned or otherwise made payable by the  United  States,  any
agency  thereof, the state, any agency thereof, a political subdivision,
as defined in section one hundred of  the  general  municipal  law,  any
social  services  district in the state or any other governmental entity
in an amount sufficient to make all payments required to be made by such
members pursuant to any lease, sublease or other agreement entered  into
between  such  members  and the dormitory authority. All state and local
officers are hereby authorized and required to pay  all  such  funds  so
assigned  and  pledged to the dormitory authority or, upon the direction
of the dormitory authority, to any trustee of  any  dormitory  authority
bond or note issued, pursuant to a certificate filed with any such state
or  local  officer by the dormitory authority pursuant to the provisions
of this section.
Broad  Channel  Volunteers,  Inc.  doing  business  as  Broad  Channel
Volunteer  Fire  Department  and  Ambulance  Corps  for  the  purpose of
providing  construction  related  services  in   connection   with   the
construction,  reconstruction,  improvement,  renovation, development or
expansion of facilities owned by Broad Channel  Volunteers,  Inc.  doing
business  as Broad Channel Volunteer Fire Department and Ambulance Corps

located at 305 Crossbay Boulevard, County of Queens,  block  15304,  lot
450, New York 11693.
The  Convent  of  the  Sacred  Heart  School,  for  the  financing  or
refinancing, or reimbursement of the costs of, the acquisition,  design,
construction,  reconstruction,  rehabilitation,  improvement, furnishing
and equipping of, or otherwise providing for, the Convent of the  Sacred
Heart  School  at their facility located at: 406 East 91st Street in the
city of  New  York,  to  serve  as  a  school  for  students  in  grades
pre-kindergarten  through  twelve; provided, however, that the aggregate
sum of any bonds issued for such purpose  shall  not  exceed  fifty-five
million dollars.
Mercy  Flight,  Inc.,  of  Western  New York, for the financing and/or
refinancing   of   equipment   or   the    acquisition,    construction,
reconstruction,  development, improvement, expansion and/or equipping of
a facility or facilities and necessary ancillary and related facilities.
The  Trevor  Day  School,  for  the  financing  or   refinancing,   or
reimbursement  of  the  costs of, the acquisition, design, construction,
reconstruction, rehabilitation, improvement,  furnishing  and  equipping
of,  or otherwise providing for, the Trevor Day School at their facility
located at 312-318 East 95th Street in the city of New York, to serve as
a school for students in grades seven through twelve; provided, however,
that the aggregate sum of any bonds issued for such  purpose  shall  not
exceed seventy-five million dollars.
Richardson Center Corporation.
Williamsburg  Infant  & Early Childhood Development Center, Inc. at 22
Middleton Street, Brooklyn, New York.
Randolph Academy  union  free  school  district,  for  the  financing,
acquisition,  construction,  reconstruction,  renovation and improvement
for facilities located in Erie county,  New  York.  Notwithstanding  any
other  provision  of  law,  Randolph  Academy union free school district
shall have full  power  and  authority  to  assign  and  pledge  to  the
authority  any  and all public funds to be apportioned or otherwise made
payable by the state, a political subdivision, as defined in section one
hundred of the general municipal law, or any social services district in
the state in an amount sufficient to make all payments  required  to  be
made  by  Randolph  Academy  union  free school district pursuant to any
lease, sublease or other agreement entered into between Randolph Academy
union free school district  and  the  authority.  All  state  and  local
officers  are  hereby  authorized  and required to pay all such funds so
assigned and pledged to the authority  or  upon  the  direction  of  the
authority,  to any trustee of any authority bond or note issued pursuant
to a certificate filed with any such  state  or  local  officer  by  the
authority  pursuant  to  the provisions of this section. No agreement or
lease by Randolph Academy union free school district  pursuant  to  this
paragraph  shall  be  effective unless and until it is approved by or on
behalf 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  primary
health  care services and related ambulatory care and ancillary services
in the state of New York.
Poly Prep Country Day  School,  for  the  refinancing  of  outstanding
indebtedness,  the  financing  or  refinancing,  or reimbursement of the
costs  of,  the  acquisition,  design,   construction,   reconstruction,
rehabilitation,  improvement,  furnishing and equipping of, or otherwise
providing for, the Poly  Prep  Country  Day  School  at  its  facilities
located at 9216 Seventh Avenue and/or 50 Prospect Park West in Brooklyn,

New  York,  to  serve as a school for students in grades Nursery through
twelve; provided, however, that the aggregate sum of  any  bonds  issued
for 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 reimbursement
of  the  costs  of the aquisition, design, construction, reconstruction,
rehabilitation, improvement, furnishing and equipping of,  or  otherwise
providing  for,  Xavier  High  School at its facility located at 30 West
16th Street in the city of New York, to serve as a school  for  students
in grades nine through twelve; provided, however, that the aggregate sum
of any bonds issued for such purpose shall not exceed fifty-five million
dollars.
Mercy  Flight  Central,  Inc.,  of Central New York, for the financing
and/or  refinancing  of  equipment  or  the  acquisition,  construction,
reconstruction,  development, improvement, expansion and/or equipping of
a 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 equipment
or   the   acquisition,   construction,   reconstruction,   development,
improvement, expansion and/or equipping of a facility or facilities  and
necessary ancillary and related facilities.
Dancewave,   Inc.,   for  the  financing,  acquisition,  construction,
development, improvement, expansion and/or equipping of  a  facility  or
facilities and necessary ancillary and related facilities.
Summit Educational Resources, Inc., a not-for-profit organization, for
the  acquisition,  financing  and/or  refinancing, design, construction,
renovation,  reconstruction,   development,   improvement,   furnishing,
expansion  and/or  equipping  of  a facility or facilities and necessary
ancillary and related facilities.
An authorized agency as defined by subdivision ten  of  section  three
hundred  seventy-one  of  the  social services law, or a local probation
department as defined by sections two hundred fifty-five and two hundred
fifty-six of the executive law for the provision of detention facilities
certified by the office of children  and  family  services  or  by  such
office in conjunction with the state commission of correction or for the
provision  of  residential facilities licensed by the office of children
and family services including all  necessary  and  usual  attendant  and
related 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/or
equipping of a  facility  or  facilities  and  necessary  ancillary  and
related facilities.
New York Military Academy
Any  not-for-profit  corporation formed pursuant to an inter-municipal
agreement among two or more counties within this state  to  assist  said
counties   in   acquiring,   financing,   constructing,  reconstructing,
remodeling,  enlarging,  altering,   repairing,   operating,   managing,
leasing,  selling  or  otherwise  disposing  of a joint county detention
facility established in accordance with section two  hundred  eighteen-a
of 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 Street
Y)
Masonic Medical Research Laboratory, a not-for-profit corporation, for
the   design,   acquisition,   financing,   refinancing,   construction,
reconstruction,  renovation,  rehabilitation,  development, improvement,

expansion, furnishing, equipping or otherwise providing for  a  facility
and/or  facilities, including any necessary or ancillary facilities, for
the purpose of conducting scientific research or conducting testing  for
public 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  building
located 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  to
subdivision thirty-two of section one thousand six hundred seventy-eight
of  this  title  to  the extent authorized in subdivision thirty of such
section.
2. a. The dormitory authority is hereby authorized and empowered  upon
application of the educational institution concerned to acquire, design,
construct,  reconstruct,  rehabilitate and improve, or otherwise provide
and furnish and equip  dormitories  and  attendant  facilities  for  any
educational  institution,  provided  that  any  contract  undertaken  or
financed   by   the   dormitory   authority   for   any    construction,
reconstruction,   rehabilitation  or  improvement  of  any  building  or
structure commenced after September first, nineteen hundred seventy-four
for the Gananda school district or the  Gananda  educational  facilities
corporation, or any agency, board or commission therein, or any official
thereof,  shall comply with the provisions of section one hundred one of
the general municipal law and the specifications for such  contract  may
provide  for assignment of responsibility for coordination of any of the
contracts for such work to a single responsible  and  qualified  person,
firm   or   corporation;  provided,  however,  that  all  contracts  for
construction of buildings on behalf of Queens Hospital Center  shall  be
in  conformity  with  the  provisions  of section one hundred one of the
general municipal law; provided that any contracts for the construction,
reconstruction, rehabilitation or improvement of any public work project
undertaken by the dormitory authority of any facility for the  aged  for
any  political  subdivision  of  the  state  or  any district therein or
agency,  department,  board  or  commission  thereof,  or  any  official
thereof,  shall  comply  with  the  provisions  of  section  one hundred
thirty-five of the state finance law;  and  provided  further  that  any
contract  undertaken  or  financed  by  the  dormitory authority for any
construction,  reconstruction,  rehabilitation  or  improvement  of  any
building commenced after January first, nineteen hundred eighty-nine for
the department of health shall comply with the provisions of section one
hundred thirty-five of the state finance law.
Each  educational  institution  defined  in  subdivision  one  of this
section, except the department of health  of  the  state  of  New  York,
shall,  when  authorized  by  an  appropriate  resolution adopted by its
governing board or, when permitted, adopted by an appropriate  committee
of  such  governing  board,  have  power:  (i)  to convey or cause to be
conveyed to the authority real  property  or  rights  in  real  property
required  in  connection  with  the  construction  and  financing  of  a
dormitory by the authority for such educational institution; or (ii)  to
enter  into  agreements  or  leases or both with the dormitory authority
pursuant to subdivision sixteen of section sixteen hundred seventy-eight
of this title and to paragraph e of this subdivision, or  both,  or,  in
the case of the department of health of the state of New York, providing
that  legislation or appropriations which specifies the facilities to be
acquired, constructed, reconstructed, rehabilitated or improved for  the

department  of  health  of the state of New York and the total estimated
costs for each such facility, not to  exceed  four  hundred  ninety-five
million  dollars  in  the  aggregate,  shall  have  been approved by the
legislature,  the commissioner of health shall have power: (i) to convey
or cause to be conveyed to the authority real property or rights in real
property required in connection with the construction and financing of a
dormitory by the authority for such educational institution; or (ii)  to
enter  into  agreements  or  leases or both with the dormitory authority
pursuant to subdivision sixteen of section sixteen hundred seventy-eight
of this title and to paragraph  e  of  this  subdivision  or  both.  The
educational  institution for which such dormitory and attendant facility
is intended to be provided shall approve the  plans  and  specifications
and  location  of  such  dormitory and attendant facility. The dormitory
authority shall have the same power and authority  in  respect  to  such
dormitories   and   attendant   facilities  provided  pursuant  to  this
subdivision that it has relative to other dormitories.
b. The dormitory authority shall have power to acquire, in the name of
the authority, on terms necessary or convenient  by  purchase,  gift  or
devise,  real  property or rights of easement in relation to dormitories
and attendant facilities provided pursuant to this subdivision, and  for
the purposes of paragraph f of this subdivision, the dormitory authority
shall  also  have  power  to  acquire  such  real  property or rights of
easement by condemnation.
c. The dormitory  authority  shall  have  power  to  accept  gifts  of
personal  property in the name of the authority for the purposes of this
subdivision.
d. (1) The dormitory authority may operate and  manage  any  dormitory
and  attendant  facility  provided  pursuant to this subdivision, or the
authority may lease any such dormitory and  attendant  facility  to  the
educational  institution for which such dormitory and attendant facility
is provided.
(2) At such  time  as  the  liabilities  of  the  dormitory  authority
incurred for any such dormitory and attendant facility have been met and
the  bonds  of  the  authority  issued  therefor  have been paid or such
liabilities and bonds have  otherwise  been  discharged,  the  authority
shall take action as follows:
(a) In the case of any dormitory and attendant facility other than one
provided  pursuant  to  paragraph  f  of this subdivision, the authority
shall transfer title to all the  real  and  personal  property  of  such
dormitory  and  attendant  facility,  vested  in  the  authority, to the
educational institution in connection  with  which  such  dormitory  and
attendant  facility  is  then being operated, or to which such dormitory
and attendant facility is then leased, provided, however, that if at any
time  prior  thereto  such  educational  institution  ceases  to   offer
educational  facilities  then such title shall vest in the people of the
state of New York;
(b) In the case of  any  dormitory  and  attendant  facility  provided
pursuant  to  paragraph  f  of  this  subdivision,  the  authority shall
transfer such right, title and interest as it may have in or to the real
property of such dormitory and attendant facility to  the  city  of  New
York and in and to all personal property of such dormitory and attendant
facility  to  the  board  of  higher  education  in such city; provided,
however, that if the authority has title to such dormitory and attendant
facility and the  city  university  shall  cease  to  offer  educational
facilities  before  any  such liabilities and bonds have been so paid or
discharged, the title to all of the real and personal  property  thereof
shall vest in the people of the state of New York;
(3)  Notwithstanding  any other provisions of law, if requested by the
city university construction fund and the board of higher  education  in
the  city  of  New  York,  and  with  the  prior written approval of the
director of the budget of the state of New York  or  his  designee,  the
authority  may  sell  all  or  any  part  of any dormitory and attendant
facility provided by the authority for the city university  pursuant  to
paragraph f of subdivision two, including any real and personal property
comprising  said dormitory and attendant facility. Such sale may be made
by private or public sale. Such sale may be made only if  the  dormitory
and  attendant  facility  or  portion thereof being sold is abandoned or
withdrawn from  the  applicable  project  in  accordance  with  (i)  the
applicable  agreement  entered  into  by  the  authority  with  the city
university construction fund and the board of higher  education  in  the
city  of  New  York and (ii) the applicable resolution of the authority,
and if the net proceeds of such sale are applied  by  the  authority  in
accordance  with  such agreement and resolution. The difference, if any,
between the net proceeds of such  sale,  and,  if  greater,  the  amount
required  to be paid by the board of higher education in the city of New
York to the authority pursuant to the terms of the applicable  agreement
by  reason  of  the  abandonment  or  withdrawal  of  such dormitory and
attendant facility or portion thereof shall be paid to the authority  by
the  state  of New York, the city of New York, in which case the written
approval of the director of the office of management and budget  of  the
city  of  New  York,  or  his designee, shall also be required, the city
university construction fund or such board of higher  education  or  any
number  of  the foregoing at the closing of such sale and shall likewise
be applied by the authority in accordance with the applicable  agreement
and resolution. Provided, however, that the foregoing provisions of this
subparagraph  only  to  the extent that they otherwise require a request
for and approval by the city university construction fund or  the  board
of  higher education in the city of New York shall not apply to any sale
of the parcels which constitute one hundred twenty-three and one hundred
twenty-seven West one hundred eighty-third street in  the  city  of  New
York   being  in  section  eleven,  block  three  thousand  two  hundred
twenty-five, lot forty-eight in Bronx county  (also  known  as  Sedgwick
dormitory  and  North  hall).  The  abandonment  or  withdrawal  of such
dormitory and attendant facility or portion thereof being sold  and  the
payment  to  the  authority  in  full  of the difference between the net
proceeds of sale and the amount required to be paid  by  such  board  of
higher  education  to  permit  the  abandonment  or  withdrawal shall be
conditions to the closing of any sale pursuant to this subparagraph.  In
the  event  of a sale pursuant to this subparagraph, the authority shall
be relieved of any obligation to transfer the  dormitory  and  attendant
facility  or  portion  thereof  being  sold to the city of New York, the
state of New York or the board of higher education in the  city  of  New
York  pursuant  to clause (b) of subparagraph two of this paragraph. Any
and all rights of the city of New York, the state of New York  and  such
board  of  higher  education  in  and  to  such  dormitory and attendant
facility or portion thereof shall be deemed to be  fully  satisfied  and
extinguished  by a sale pursuant to this subparagraph. At the request of
the authority, the city of New York, the state  of  New  York  and  such
board  of higher education shall join in the deed or execute a quitclaim
or other legal instrument of conveyance of their  respective  interests,
if any, therein.
(4)  Notwithstanding  any  other  provision  of law, the authority, if
requested by the city university construction  fund  and  the  board  of
higher  education  in the city of New York, may lease all or any part of
any dormitory and attendant facility provided by the authority  for  the

city  university  pursuant to paragraph f of this subdivision to a third
party upon  such  terms  and  conditions  as  the  authority,  the  city
university  construction  fund  and the board of higher education in the
city  of  New York shall deem appropriate and as are consistent with the
provisions of the applicable agreement entered  into  by  the  authority
with  the  city  university  construction  fund  and the board of higher
education in the city of New York and the applicable resolution  of  the
authority.  Provided,  however,  that  the  foregoing provisions of this
subparagraph only to the extent that they otherwise  require  a  request
for  and  approval by the city university construction fund or the board
of higher education in the city of New York shall not apply to any lease
of the parcels which constitute one hundred twenty-three and one hundred
twenty-seven West one hundred eighty-third street in  the  city  of  New
York   being  in  section  eleven,  block  three  thousand  two  hundred
twenty-five, lot forty-eight in Bronx county  (also  known  as  Sedgwick
dormitory  and  North hall). Any rentals or other moneys received by the
authority pursuant to such lease shall be applied by  the  authority  in
accordance  with  the  terms of the applicable agreement and resolution.
Any leasing of such dormitory and attendant facility or portion  thereof
by the authority pursuant to the terms of this subparagraph shall not be
deemed  to  constitute  a  breach  by  the  authority  of  the terms and
conditions of, or a default by the authority under any  agreement  which
the   authority   may   have  entered  into  with  the  city  university
construction fund and the board of higher education in the city  of  New
York,  or  any  resolution of the authority, applicable to the dormitory
and attendant facility or portion thereof being leased.
e. Any lease of a dormitory and attendant facility authorized by  this
subdivision  shall be a general obligation of the lessee and may contain
certain provisions, which shall be a  part  of  the  contract  with  the
holders of the bonds of the authority issued for such dormitory, as to
(1)  pledging  all  or  any  part  of the moneys, earnings, income and
revenues derived by the lessee from such dormitory or any part or  parts
thereof,  or  other  personal property of the lessee, to secure payments
required under the terms of such lease;
(2) the rates, rentals,  fees  and  other  charges  to  be  fixed  and
collected  by the lessee, the amounts to be raised in each year thereby,
and the use  and  disposition  of  such  moneys,  earnings,  income  and
revenues;
(3)  the  setting  aside of reserves and the creation of special funds
and the regulation and disposition thereof;
(4) the procedure, if any, by which the terms of  such  lease  may  be
amended,  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 for
the security of the holders of the bonds of  the  authority  issued  for
such dormitory;
(6)  the  obligations  of  the lessee with respect to the replacement,
reconstruction, maintenance, operation, repairs and  insurance  of  such
dormitory;
(7)  defining  the  acts  or omissions to act which shall constitute a
default in the obligations and duties of the lessee, and  providing  for
the  rights  and remedies of the authority and of its bondholders in the
event of such default;
(8) any other matters, of like or different character,  which  may  be
deemed  necessary  or  desirable  for  the security or protection of the
authority 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 otherwise
provide and furnish and equip dormitories and attendant  facilities  for
the  use  of  the  city  university, in accordance with the terms of any
lease, sublease, or other  agreement  entered  into  by  the  authority,
pursuant to article one hundred twenty-five-B of the education law, with
the  city  university construction fund, or with such fund and the board
of higher education in the city of New York. The dormitory authority may
issue its bonds to finance the cost of senior college facilities  either
together  with  or  separate  from  bonds  issued to finance the cost of
community college facilities, and may issue its  bonds  to  finance  the
local  sponsor's  portion  of  the  cost of community college facilities
either together with or separate from its bonds issued  to  finance  the
state's portion of the cost of such community college facilities.
Notwithstanding  any  other  provision of law, general or special, the
dormitory authority may acquire, design, construct or otherwise  provide
and  furnish  and equip dormitories and attendant facilities for the use
of 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  to
article  one  hundred  twenty-five-B  of the education law with the city
university construction fund, the city of New  York  and  the  board  of
higher  education  in such city. The police and fire station portions of
such facility shall be deemed capital projects of the city of  New  York
within  the  meaning  of  chapter nine of the New York city charter. Any
conveyance of real property or rights and interests therein by the  city
to  the  dormitory  authority  with  respect  to such facility shall not
include title to that portion of the real property to be occupied by the
police and fire station portions  thereof  but  shall  include  the  air
rights  over  such  police  and  fire  stations  and  subsurface  rights
thereunder.
(2) The  provisions  of  this  subdivision  shall  apply  to  projects
undertaken  by  the  dormitory  authority  pursuant  to  this  paragraph
provided, however, that  wherever  any  provision  of  this  subdivision
authorizes  or requires action on the part of an educational institution
such provision, so far as it applies  to  any  such  project,  shall  be
deemed   to  refer  to  action  on  the  part  of  the  city  university
construction fund or the board of higher education of the  city  of  New
York, as the case may be.
h. Notwithstanding any other provision of law, general or special, the
dormitory  authority  is  hereby  authorized  and  empowered  to acquire
dormitories,  including  existing  dormitories,  from  any   educational
institution  for  such  consideration  and  upon  such  terms  as may be
approved by the authority.
i. Notwithstanding any other provision of law the dormitory  authority
is hereby authorized and empowered to enter into any agreement, lease or
sublease   with   any   not-for-profit   corporation  or  any  political
subdivision of the state of New York or the state of New York to allow a
dormitory to be used and occupied by persons sixty-five years of age  or
older.
j.  Subject to the provisions of chapter fifty-nine of the laws of two
thousand, the maximum amount of bonds and notes to be issued after March
thirty-first, two thousand two  for  a  housing  unit  for  the  use  of
students  at  a  state-operated  institution  or  statutory  or contract
college under the jurisdiction of the state university of New York shall
be one billion five hundred sixty-one million dollars. Such amount shall
be exclusive of bonds and notes issued  to  fund  any  reserve  fund  or

funds,  costs of issuance, and to refund any outstanding bonds and notes
relating  to  a  housing  unit  under  the  jurisdiction  of  the  state
university of New York.
k.  (1)  For  purposes of this section, the following provisions shall
apply to the powers  in  connection  with  the  provision  of  detention
facilities certified by the office of children and family services or by
such  office  in  conjunction with the state commission of correction or
for the provision of residential facilities licensed by  the  office  of
children and family services including all necessary and usual attendant
and related facilities and equipment.
(2)  Notwithstanding  any other provision of law, any entity as listed
above shall have full power and authority to enter into such  agreements
with  the  dormitory  authority  as  are  necessary  to  finance  and/or
construct detention or residential facilities described above, including
without limitation, the provision of fees and amounts necessary  to  pay
debt  service  on  any obligations issued by the dormitory authority for
same, and to assign and pledge to the dormitory authority, any  and  all
public  funds  to be apportioned or otherwise made payable by the United
States, any agency thereof, the state, any agency thereof,  a  political
subdivision,  as defined in section one hundred of the general municipal
law, any social services district in the state or any other governmental
entity in an amount sufficient to make all payments required to be  made
by  any  such  entity as listed above pursuant to any lease, sublease or
other agreement entered into between any such entity as listed above and
the dormitory  authority.  All  state  and  local  officers  are  hereby
authorized and required to pay all such funds so assigned and pledged to
the  dormitory  authority  or,  upon  the  direction  of  the  dormitory
authority, to any trustee  of  any  dormitory  authority  bond  or  note
issued,  pursuant  to  a  certificate filed with any such state or local
officer by the dormitory authority pursuant to the  provisions  of  this
section.
l.  (1)  For  purposes of this section, the following provisions shall
apply to the powers  in  connection  with  the  provision  of  detention
facilities certified by the office of children and family services or by
such  office  in  conjunction  with  the state commission of correction,
including any joint county detention facility established in  accordance
with  section  two  hundred  eighteen-a  of  the  county law, or for the
provision of residential facilities licensed by the office  of  children
and  family  services  including  all  necessary and usual attendant and
related facilities and equipment.
(2) Notwithstanding any other provision of law, the office of children
and family services, the division of the  budget,  any  county  and  any
entity as listed above shall have full power and authority to enter into
such  agreements with the dormitory authority as are necessary or useful
to  finance  and/or  construct  detention  or   residential   facilities
described  above, including without limitation, such agreements that may
provide for or warrant the uninterrupted provision of fees  and  amounts
necessary to pay debt service on any obligations issued by the dormitory
authority for same, and to assign and pledge to the dormitory authority,
any  and all public funds to be apportioned or otherwise made payable by
the United States, any agency thereof, the state, any agency thereof,  a
political  subdivision, as defined in section one hundred of the general
municipal law, any social services district in the state  or  any  other
governmental  entity  in  an  amount  sufficient  to  make  all payments
required to be made by any such entity as listed above pursuant  to  any
lease,  sublease,  pledge  agreement  or  other  agreement  entered into
between any such entity as listed above, any county  and  the  dormitory
authority;  any  such  agreement  shall  not  constitute  indebtness for

purposes of the state constitution or section 20.00 of the local finance
law, and  shall  not  be  deemed  either  executory  or  to  create  any
contractual  obligation  in  excess of the amounts appropriated annually
for such purpose. All state and local officers are hereby authorized and
required  to pay all such funds so assigned and pledged to the dormitory
authority or, upon the direction of  the  dormitory  authority,  to  any
trustee  of  any  dormitory authority bond or note issued, pursuant to a
certificate filed with any such state or local officer by the  dormitory
authority pursuant to the provisions of this section.
3.  a.  The  authority  also  shall  have  power  to make loans to any
educational   institution    for    the    acquisition,    construction,
reconstruction,  rehabilitation and improvement, or otherwise providing,
furnishing and equipping of dormitories and  attendant  facilities,  for
the  purpose  of  financing  or  refinancing the cost thereof or for the
purpose of acquiring any federally  guaranteed  security  in  accordance
with  subdivision  sixteen  of  section sixteen hundred seventy-eight of
this chapter. Each such  loan  shall  be  premised  upon  an  agreement,
agreements,  or  supplements  thereto,  between  the  authority  and the
institution, which agreement, agreements, or  supplements  thereto,  may
make 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 any
educational institution to refund existing bonds, mortgages or  advances
given or made by such institution for the construction of dormitories to
the  extent  that this will enable such educational institution to offer
greater security for loans for new dormitory construction or  to  effect
savings in interest cost or more favorable amortization terms.
c.  For the purpose of obtaining loans under subdivision three of this
section  every  educational  institution  shall,   notwithstanding   the
provisions  of  any  other law, have power to mortgage and pledge any of
its real or personal property, to pledge any of its income from whatever
source, and to purchase and pledge a federally guaranteed  security  for
the repayment of the principal of and interest on any loan made to it by
the  authority  or  to  pay the interest on and principal and redemption
premium, if any, of any note, bond or  other  evidence  of  indebtedness
evidencing  the  debt  created  by  any  such  loan;  provided  that the
foregoing shall not be construed to authorize actions in  conflict  with
specific legislation, trusts, endowment, or other agreements relating to
specific properties or funds.
d.  Moneys  of the authority received from any educational institution
in payment of any sum due to the authority pursuant to the terms of  any
loan  or  other  agreement  or  any  bond,  note  or  other  evidence of
indebtedness, shall be deposited in an  account  in  which  only  moneys
received  from  educational institutions under this subdivision shall be
deposited and shall be kept separate and apart from and  not  commingled
with any other moneys of the authority. Moneys deposited in such account
shall  be  paid out on checks signed by the chairman of the authority or
by such other person or persons as the authority may authorize.
4. Whenever the dormitory authority  under  subdivision  two  of  this
section  undertakes  to  construct,  acquire  or  otherwise  provide and
operate and manage a dormitory and attendant facilities,  the  dormitory
authority  shall be responsible for the direct operation and maintenance
costs of such dormitory but each educational institution  in  connection
with  which  such a dormitory is provided and operated and managed shall
be responsible at its own expense for the over-all supervision  of  each
dormitory,  for  the  overhead  and  general administrative costs of the
educational institution which are incurred because of such dormitory and
for the integration of each dormitory operation into  the  institution's

educational  program so that in so far as practicable the declaration of
policy as outlined in section one of chapter eight hundred fifty of  the
laws  of  nineteen  hundred  fifty-five  and  a  declaration  of  policy
contained  in  section  one  of  an  act  of the legislature of nineteen
hundred fifty-nine amending this  subdivision  may  be  fully  achieved.
Whenever  the  dormitory authority under subdivision two of this section
undertakes to construct, acquire or otherwise provide  a  dormitory  and
attendant   facilities   and   to  lease  the  same  to  an  educational
institution, the lessee shall be responsible for  the  direct  operation
and  maintenance  costs  of  such  dormitory  and  in  addition shall be
responsible for the over-all supervision  of  each  dormitory,  for  the
overhead  and  general  administrative  costs  of  the  lessee which are
incurred because of such dormitory  and  for  the  integration  of  each
dormitory  operation into the lessee's educational program so that in so
far as practicable the declaration of policy as outlined in section  one
of  chapter  eight  hundred  fifty  of  the  laws  of  nineteen  hundred
fifty-five and a declaration of policy contained in section  one  of  an
act  of  the  legislature  of  nineteen hundred fifty-nine amending this
subdivision may be fully  achieved.  Whenever  the  dormitory  authority
under subdivision three of this section makes loans for the construction
of  a  dormitory, the educational institution at which such dormitory is
located shall be responsible for the direct  operation  and  maintenance
costs  of  such  dormitory  and in addition shall be responsible for the
over-all supervision of each dormitory, for  the  overhead  and  general
administrative  costs  of the educational institution which are incurred
because of such dormitory and for  the  integration  of  each  dormitory
operation  into  the institution's educational program so that in so far
as practicable the declaration of policy as outlined in section  one  of
chapter  eight  hundred fifty of the laws of nineteen hundred fifty-five
and a declaration of policy contained in section one of an  act  of  the
legislature of nineteen hundred fifty-nine amending this subdivision may
be fully achieved.
5.  All  the  provisions  of this title four not inconsistent with the
provisions of this section sixteen hundred eighty, shall  be  applicable
with  respect  to  any bonds of the authority issued to obtain funds for
any purpose authorized under this section sixteen  hundred  eighty,  and
with respect to the powers of the authority hereunder.
6.  To  obtain  funds  for  construction,  acquisition or provision of
dormitories and loans under this section, the authority shall have power
from 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 or
other personal property made or created by the authority shall be valid,
binding and perfected from the time when such pledge or  other  security
interest  attaches,  without  any physical delivery of the collateral or
further act. The lien of any such  pledge  or  other  security  interest
shall  be  valid,  binding  and  perfected as against all parties having
claims of any kind in tort, contract or otherwise against the  authority
irrespective  of  whether  or  not  such parties have notice thereof. No
instrument by which such a pledge or other security interest is  created
nor  any financing statement need be recorded or filed. This subdivision
shall apply notwithstanding the provisions  of  the  uniform  commercial
code.
8.  For  all purposes of this section sixteen hundred eighty, the term
"dormitory" shall  include  and  mean  a  housing  unit,  including  all
necessary  and  usual  attendant  and  related facilities and equipment,
provided for the  use  of  married  students,  faculty,  staff  and  the
families 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 to
the authority real property or  rights  in  real  property  required  in
connection  with  the  providing  and  financing  of  a  facility by the
authority for a locally sponsored community college for which such local
sponsor  is  the sponsor or one of the sponsors and who also enters into
agreements and leases with the dormitory authority pursuant to paragraph
e of subdivision two of this section. The authority  to  make  any  such
conveyance shall not be subject to a mandatory or permissive referendum.
(b)  Notwithstanding  the  provisions of any general, special or local
law, charter or ordinance to the  contrary,  on  request  of  the  local
sponsor of a locally sponsored community college in the city of New York
and  with  the  approval  of the city board of estimate, the city of New
York may sell, convey, lease, exchange or otherwise  make  available  to
the  dormitory  authority,  for a nominal consideration, any interest in
real property of the city designated by such local sponsor  as  suitable
for  a  facility.  Such  sale,  conveyance,  lease,  exchange,  or other
disposition may be made at a nominal cost and without the requirement of
public auction or sealed bids, or restriction as to the term of any such
lease or arrangement, and the provisions of  subdivision  b  of  section
three  hundred  eighty-four of the New York city charter shall not apply
in such cases. Conveyances made pursuant to this section  shall  include
but  shall  not  be  limited  to  real  property  on  which are situated
facilities of, or are under the jurisdiction of,  or  assigned  to,  the
board of education of the city school district of the city of New York.
(c)  Notwithstanding  the  provisions of any general, special or local
law, charter or ordinance to the contrary, the city board of estimate on
behalf of the city of  New  York  may  grant  revocable  or  irrevocable
consents  or  rights  of any kind or nature whatsoever, providing for or
involving or relating to the occupation or use of any of the streets  of
the  city,  whether  on,  under  or  over  the  surface  thereof, to the
dormitory authority, on such terms and conditions and for such period of
time or duration as may be determined by the board of estimate to be  in
the public interest.
(d)  The  following  provisions  shall be applicable to agreements and
leases entered into  between  the  authority  and  a  local  sponsor  in
relation  to  the providing and financing by the authority of facilities
for locally sponsored community colleges, and to agreements  and  leases
entered  into between the authority and the city university construction
fund in relation to the providing and  financing  by  the  authority  of
facilities for city university community colleges.
(1)  In  addition  to the provisions authorized by subdivision four of
section sixteen hundred eighty-two of this title four, any resolution or
resolutions authorizing any bonds for the purpose of financing the  cost
of  providing  facilities  for  locally  sponsored  or  city  university
community colleges may contain provisions which may be  a  part  of  the
contract  with  the holders of such bonds providing for the creation and
establishment and maintenance of reserve  funds  and  payments  to  such
reserve funds as hereinafter in this paragraph set forth.
(2)  The  authority may create and establish one or more reserve funds
to be known as debt service reserve funds and may pay into such  reserve
funds  (i)  any  moneys appropriated and made available by the state for
the purposes of such funds, (ii) any proceeds of the sale of  bonds  and
notes  to  the  extent  provided  in  the  resolution  of  the authority
authorizing the issuance thereof, and (iii) any other moneys  which  may
be  made  available to the authority for the purposes of such funds from
any other source or sources. The moneys held in or credited to any  debt
service  reserve  fund  established  under  this  paragraph,  except  as

hereinafter provided, shall be  used  solely  for  the  payment  of  the
principal of bonds of the authority secured by such reserve fund, as the
same mature, the purchase of such bonds of the authority, the payment of
interest on such bonds of the authority or the payment of any redemption
premium  required  to  be  paid  when  such  bonds are redeemed prior to
maturity; provided, however, that moneys in any such fund shall  not  be
withdrawn  therefrom  at  any  time  in  such amount as would reduce the
amount of such fund to less than the maximum  amount  of  principal  and
interest  maturing  and  becoming due in any succeeding calendar year on
the bonds of the authority then outstanding and secured by such  reserve
fund,  except  for  the  purpose of paying principal and interest on the
bonds of the  authority  secured  by  such  reserve  fund  maturing  and
becoming  due and for the payment of which other moneys of the authority
are not available. Any income or interest earned by,  or  increment  to,
any  such debt service reserve fund due to the investment thereof may be
transferred to any other fund or account of the authority to the  extent
it  does  not  reduce the amount of such debt service reserve fund below
the maximum amount of principal and interest maturing and  becoming  due
in  any  succeeding  calendar  year  on  all bonds of the authority then
outstanding and secured by such reserve fund.
(3) The authority shall not issue bonds at any  time  if  the  maximum
amount  of  principal  and  interest  maturing  and  becoming  due  in a
succeeding calendar year on the bonds outstanding and then to be  issued
and  secured  by  a  debt service reserve fund will exceed the amount of
such reserve fund at the time of issuance, unless the authority  at  the
time  of issuance of such bonds, shall deposit in such reserve fund from
the proceeds of the bonds so to be issued, or otherwise, an amount which
together with the amount then in such reserve fund,  will  be  not  less
than  the maximum amount of principal and interest maturing and becoming
due in any succeeding calendar year on the bonds then to be  issued  and
on all other bonds of the authority then outstanding and secured by such
reserve fund.
(4)  To  ensure  the continued operation and solvency of the authority
for the carrying out  of  the  public  purposes  relating  to  providing
facilities  for  locally sponsored or city university community colleges
provision is made in the foregoing provisions of this  paragraph  d  for
the accumulation in each debt service reserve fund of an amount equal to
the  maximum  amount of principal and interest maturing and becoming due
in any succeeding calendar year on  all  bonds  of  the  authority  then
outstanding and secured by such reserve fund. In order further to ensure
the  maintenance  of  such  debt  service  reserve funds, there shall be
annually apportioned and paid to the authority for deposit in each  debt
service  reserve  fund  such  sum,  if any, as shall be certified by the
chairman of the authority to the governor  and  state  director  of  the
budget  as  necessary to restore such reserve fund to an amount equal to
the maximum amount of principal and interest maturing and  becoming  due
in  any  succeeding  calendar  year  on  the bonds of the authority then
outstanding and secured by  such  reserve  fund.  The  chairman  of  the
authority  shall annually, on or before December first, make and deliver
to the governor and state director of the budget his certificate stating
the sum, if any, required to restore each such debt service reserve fund
to the amount aforesaid, and the sum or sums so certified, if any, shall
be apportioned and paid to the authority during the then  current  state
fiscal  year.  The  principal  amount of bonds secured by a debt service
reserve fund or funds to which state funds are apportionable pursuant to
this subparagraph shall be limited to the  total  amount  of  bonds  and
notes  outstanding  on  the  effective  date of this act, plus the total
amount of bonds and notes contracted after the effective  date  of  this

act to finance projects in progress on the effective date of this act as
determined  by  the  New  York  state  public  authorities control board
created pursuant to section fifty  of  this  chapter  whose  affirmative
determination  shall  be  conclusive  as  to all matters of law and fact
solely  for  the  purposes  of  the  limitations   contained   in   this
subparagraph, but in no event shall the total amount of bonds so secured
by  such a debt service reserve fund or funds exceed two hundred seventy
million dollars  for  locally  sponsored  community  colleges  and  four
hundred  seventy million dollars for city university community colleges,
excluding bonds issued to refund such outstanding bonds until  the  date
of redemption of such outstanding bonds. As outstanding bonds so secured
are  paid,  the  amount  so secured shall be reduced accordingly but the
redemption of such outstanding bonds  from  the  proceeds  of  refunding
bonds shall not reduce the amount so secured.
(5)  In  computing  any  debt service reserve fund for the purposes of
this paragraph, securities in which all or a  portion  of  such  reserve
fund  shall  be invested shall be valued at par, or if purchased at less
than par, at their cost to the authority.
(e) All the provisions of this title four not  inconsistent  with  the
provisions  of  this  section sixteen hundred eighty shall be applicable
with respect to any bonds of the authority issued to  obtain  funds  for
the  purpose  of  providing  facilities  for locally sponsored community
colleges.
(f) No agreement by the dormitory authority with a local sponsor shall
be effective unless and until it is approved  by  the  state  university
trustees  and  the  state director of the budget or his designee and, in
the case of a locally sponsored community college in  the  city  of  New
York,  it  is also approved by the director of the budget of the city of
New York or his designee.
(g) No agreement by the dormitory authority with the  city  university
construction fund or with such fund and the city university with respect
to  a  city  university  community  college,  entered into prior to July
first, nineteen hundred eighty-five and no agreement entered into on  or
after  July first, nineteen hundred eighty-five which is supplemental to
any agreement entered into prior to such July first, shall be  effective
unless  and  until it is approved by the state director of the budget or
his designee and by the director of the budget of the city of  New  York
or his designee.
10.  The  local  sponsor shall have full power and authority to assign
and pledge to the authority any and all public funds to  be  apportioned
or otherwise made payable by a local sponsor or by the state of New York
to  the  local  sponsor  for purposes of the locally sponsored community
college pursuant to the  provisions  of  subdivision  eight  of  section
sixty-three  hundred  four  of  the  education  law  and any tuition and
instructional  fees  received  from  students  attending  such   locally
sponsored community college.
All  state officers and local sponsors concerned are hereby authorized
to pay all such funds so assigned and pledged  to  the  commissioner  of
taxation  and  finance  for deposit in the community college tuition and
instructional income fund.
10-a. Subject to the provisions of chapter fifty-nine of the  laws  of
two  thousand, but notwithstanding any other provision of the law to the
contrary, the maximum amount of bonds and notes to be issued after March
thirty-first, two thousand two, on behalf of the state, in  relation  to
any  locally  sponsored  community  college,  shall be one billion three
hundred  sixty-five  million  three  hundred  eight   thousand   dollars
$1,365,308,000. Such amount shall be exclusive of bonds and notes issued
to  fund  any reserve fund or funds, costs of issuance and to refund any

outstanding bonds and notes, issued on behalf of the state, relating  to
a locally sponsored community college.
11. In the case of any locally sponsored community college, other than
a  locally  sponsored  community  college  in  the city of New York or a
locally sponsored community college where the local sponsor has  entered
into  an agreement with the dormitory authority to finance and construct
a facility for such college,  construction  of  the  facilities  may  be
performed by the local sponsor under existing statute.
12.  In  the case of a locally sponsored community college in the city
of New York or in the case of  a  locally  sponsored  community  college
where the local sponsor has entered into an agreement with the dormitory
authority  to  finance  and  construct  a facility for such college, any
construction of such  facility  shall  be  performed  by  the  dormitory
authority pursuant to the provisions of this title four.
13.  Upon  application  of  a  local  sponsor  of  a locally sponsored
community college, which application has  been  approved  by  the  state
university trustees and the state director of the budget or his designee
and, in the case of a locally sponsored community college in the city of
New  York,  has  also been approved by the director of the budget of the
city of New York or his designee, the dormitory authority  may  acquire,
design,  construct,  reconstruct,  rehabilitate and improve, and furnish
and equip or otherwise provide facilities pursuant to the provisions  of
this  title  four  and  in  such  event the obligations of the authority
issued to finance the cost of such project shall be repaid  pursuant  to
an agreement between such local sponsor and the dormitory authority. The
dormitory  authority  may issue its bonds to finance the local sponsor's
portion of the cost of such project either  together  with  or  separate
from  the bonds issued by the dormitory authority to finance the state's
portion of the cost of such project.
14. (a) During any twelve month period beginning with a July first and
ending on a June thirtieth, hereinafter referred to in this  subdivision
as  a  "school year", the dormitory authority shall not deliver a series
of bonds for any locally sponsored community college project, except  to
refund or to be substituted for or in lieu of other bonds in relation to
such  locally  sponsored  community  college,  unless  (1) the amount of
tuition and instructional  fees  received  by  the  local  sponsor  from
students  attending  such  locally  sponsored  community college for the
school year immediately preceding the school year in  which  such  bonds
are  proposed  to  be  delivered  shall  exceed  the  amount  which  the
commissioner of taxation and finance is required to maintain on  deposit
in  the community college tuition and instructional income fund pursuant
to the provisions of subdivision five of section ninety-seven-p  of  the
state finance law for such locally sponsored community college, or
(2)  the  local  sponsor  of  such locally sponsored community college
shall submit proof in form satisfactory to the dormitory authority  that
the amount of tuition and instructional fees to be received by the local
sponsor  from  students attending such college for the third school year
after the school year in which such bonds are proposed to  be  delivered
shall  exceed  the amount which the commissioner of taxation and finance
is required to maintain on deposit in the community college tuition  and
instructional income fund pursuant to the provisions of subdivision five
of section ninety-seven-p of the state finance law for such college.
(b)  The provisions of paragraph a of this subdivision shall not apply
to facilities for a locally sponsored community college in the  city  of
New York other than the fashion institute of technology.
(c) Subject to the provisions of chapter fifty-nine of the laws of two
thousand,  (i)  the  dormitory  authority  shall not deliver a series of
bonds for city university community college facilities, except to refund

or to be substituted for or in lieu of other bonds in relation  to  city
university  community college facilities pursuant to a resolution of the
dormitory  authority  adopted  before  July  first,   nineteen   hundred
eighty-five  or  any  resolution  supplemental thereto, if the principal
amount of bonds so to be issued when added to all principal  amounts  of
bonds  previously  issued by the dormitory authority for city university
community college facilities, except to refund or to be  substituted  in
lieu  of  other  bonds  in relation to city university community college
facilities will exceed the  sum  of  four  hundred  twenty-five  million
dollars  and  (ii) the dormitory authority shall not deliver a series of
bonds issued for city university facilities, including community college
facilities, pursuant to a resolution of the dormitory authority  adopted
on  or  after July first, nineteen hundred eighty-five, except to refund
or to be substituted for or in lieu of other bonds in relation  to  city
university  facilities  and  except  for  bonds  issued  pursuant  to  a
resolution supplemental to  a  resolution  of  the  dormitory  authority
adopted  prior  to  July  first,  nineteen  hundred  eighty-five, if the
principal amount of bonds so to be issued when added  to  the  principal
amount  of  bonds  previously  issued  pursuant  to any such resolution,
except bonds issued to refund or to be substituted for  or  in  lieu  of
other  bonds  in  relation  to  city  university facilities, will exceed
eleven billion seven hundred  sixty-three  million  twenty-two  thousand
dollars  $11,763,022,000. The legislature reserves the right to amend or
repeal such limit, and the state of New York, the  dormitory  authority,
the  city  university,  and  the fund are prohibited from covenanting or
making any other agreements with or for the benefit of bondholders which
might in any way affect such right.
15. In order to effectuate the purposes of this title,  the  following
provisions  shall  apply  to  powers in connection with the provision of
facilities for locally sponsored community colleges  except  a  facility
for  a  locally sponsored community college in the city of New York or a
facility for a  community  college  sponsored  by  a  community  college
region:
(a)  (1)  The  local  sponsor  by resolution of its governing body may
enter into a lease, sublease or other agreement  for  the  provision  of
facilities  by  the authority for such local sponsor upon such terms and
conditions as the authority shall determine to be reasonable,  including
but  not  limited to the reimbursement of all costs of such construction
and claims arising therefrom.
(2) No such lease, sublease or other agreement shall be deemed to be a
contract for public work or purchase within the meaning of  the  general
municipal law.
(b)  Any  lease,  sublease  or  other  agreement  entered  into by the
authority and any local sponsor may  provide  that  at  the  termination
thereof the title to the facility shall vest in the local sponsor or its
successor  in  interest,  if  any,  free  and  clear of any indebtedness
contracted by the authority. Any such lease, sublease or other agreement
entered into by the authority and any local sponsor which shall  provide
that  the  local  sponsor shall be liable for the payment of rentals and
other payments due and payable to the dormitory  authority  pursuant  to
such  lease,  sublease,  or  other  agreement  shall  be  subject to the
following provisions:
(1) The term of any such lease, sublease or other agreement shall  not
exceed  forty  years  which  is  hereby  determined  to be the period of
probable usefulness of any facility for a  locally  sponsored  community
college  authorized  to  be  provided pursuant to this title, which term
shall be computed from the date of the first indebtedness contracted  by
the authority for such facility.
(2)  The  annual  payments  to  be  made  by  the local sponsor to the
authority to enable the authority to  pay  the  principal  of  any  such
indebtedness  contracted  by  it  to  finance  the cost of such works or
facility shall commence within two years after any such indebtedness  or
portion  thereof  shall  have been contracted and no such annual payment
shall be more than fifty per centum in  excess  of  the  smallest  prior
annual payment for such purpose.
(3)  The  local sponsor shall pledge its full faith and credit for the
payment of such annual payments described in subparagraph  two  of  this
paragraph and also for the payments required to be made to the authority
to enable it to pay the interest on such indebtedness.
(4)  The total amount of any unpaid annual payments in relation to the
principal of any such indebtedness shall be deemed to be indebtedness of
the local sponsor for  a  capital  improvement  within  the  meaning  of
subparagraph  b of subdivision three of paragraph a of section 135.00 of
the local finance law.
(5) The annual payments  by  a  local  sponsor  in  relation  to  such
indebtedness  and  interest  shall  be  deemed  to be "indebtedness" and
"interest" within the meaning of section ten of  article  eight  of  the
state constitution.
(6)  The lease, sublease or other agreement shall not be renegotiated,
or amended, in such manner as  to  constitute  a  refunding  within  the
meaning of section two of article eight of the state constitution.
(7)  The lease, sublease or other agreement shall not be applicable to
any facility constructed or reconstructed to effectuate the purposes  of
article eighteen of the state constitution.
(8)  The provisions of this title may be utilized by any local sponsor
notwithstanding the provision of any general or special law,  or  county
or city charter which (i) requires that any project must be constructed,
operated  and maintained by the local sponsor, (ii) limits the period of
time for which a local sponsor may contract,  (iii)  requires  that  the
cost  shall be paid for by taxes levied for the fiscal year in which the
expenditure is to be made, (iv) requires that the cost shall be financed
pursuant to the local finance law, or (v) only permits any such  project
to be constructed subject to either mandatory or permissive referendum.
16.  Any  lease,  sub-lease  or  other  agreement  entered into by the
authority and any local sponsor in connection with the  provision  of  a
facility  for  a locally sponsored community college may provide for the
deduction or withholding from any state financial  aid  payable  to  any
such  local sponsor, other than state financial aid apportioned and paid
pursuant to the provisions of subdivision eight of  section  sixty-three
hundred  four  of  the  education  law,  of  an  amount  which  has been
determined after audit by the state comptroller to have been expended in
excess  of  one-half  of  the  total  cost  of   acquiring,   designing,
constructing,   reconstructing,   rehabilitating   and   improving   and
furnishing and equipping or otherwise providing such facility  for  such
local  sponsor  except  for  the  costs  of establishing and maintaining
reserves and other costs of the authority incurred  in  connection  with
the financing of such facility.
* 17.  For  purposes  of  this section, the following provisions shall
apply to powers in connection with the provision of dormitories for  the
New  York  State  Association for Retarded Children, Inc., Albany County
Chapter by the dormitory authority pursuant to this title.
Except to the extent otherwise prohibited by law, the New  York  State
Association  for  Retarded  Children,  Inc., Albany County Chapter shall
have full power and authority to assign  and  pledge  to  the  dormitory
authority  any  and all public funds to be apportioned or otherwise made
payable by the state of New York, a political subdivision, as defined in

section one hundred of the general municipal law, or any social services
district in the state of New York in an amount sufficient  to  make  all
payments  required  to  be made by any such organization pursuant to any
lease,   sublease   or   other   agreement  entered  into  between  such
organization and the dormitory authority.
All state and local officers are hereby authorized and required to pay
all such funds so assigned and pledged to the  dormitory  authority  or,
upon  the  direction  of  the dormitory authority, to any trustee of any
dormitory authority bond or note issued pursuant to a certificate  filed
with any such state or local officer by the dormitory authority pursuant
to the provisions of this subdivision.
* NB There are 5 sub 17's
* 17.  For  purposes  of  this section, the following provisions shall
apply to powers in connection with the provision of dormitories for  the
Association  for  the  Help of Retarded Children, Suffolk Chapter by the
dormitory authority pursuant to this title.
Except to the extent otherwise prohibited by law, the Association  for
the Help of Retarded Children, Suffolk Chapter shall have full power and
authority  to  assign  and pledge to the dormitory authority any and all
public funds to be apportioned or otherwise made payable by the state of
New York, a political subdivision, as defined in section one hundred  of
the  general municipal law, or any social services district in the state
of New York in an amount sufficient to make all payments required to  be
made  by  any such organization pursuant to any lease, sublease or other
agreement entered into  between  such  organization  and  the  dormitory
authority.
All state and local officers are hereby authorized and required to pay
all  such  funds  so assigned and pledged to the dormitory authority or,
upon the direction of the dormitory authority, to  any  trustee  of  any
dormitory  authority bond or note issued pursuant to a certificate filed
with any such state or local officer by the dormitory authority pursuant
to the provisions of this subdivision.
* NB There are 5 sub 17's
* 17. For the purposes of this section, the following provisions shall
apply to powers in connection with  the  provision  of  dormitories  for
United  Cerebral  Palsy  of  Ulster County, Inc., hereinafter called the
organization, by the authority pursuant to this title.
Notwithstanding any other provision of  law,  the  organization  shall
have  full power and authority to assign and pledge to the authority any
and all public funds to be apportioned or otherwise made payable by  the
state, a political subdivision, as defined in section one hundred of the
general  municipal  law, or any social services district in the state in
an amount sufficient to make all payments required to  be  made  by  any
such  organization  pursuant  to  any lease, sublease or other agreement
entered into between such organization and the authority.
All state and local officers are hereby authorized and required to pay
all such funds so assigned and pledged to  the  authority  or  upon  the
direction of the authority, to any trustee of any authority bond or note
issued  pursuant  to  a  certificate  filed with any such state or local
officer by the authority pursuant to the provisions of this section.
No agreement or lease by such organization shall be  effective  unless
and  until  it  is  approved by or on behalf of the commissioners of the
various state agencies that have jurisdiction over the project.
* NB There are 5 sub 17's
* 17. For purposes of this section,  the  following  provisions  shall
apply  to  powers  in  connection  with the provision of dormitories for
Hillside Children's Center by the dormitory authority pursuant  to  this
title.
Except  to the extent otherwise prohibited by law, Hillside Children's
Center shall have full power and authority to assign and pledge  to  the
dormitory  authority  any  and  all  public  funds  to be apportioned or
otherwise  made  payable  by  the  state  of  New  York,   a   political
subdivision,  as defined in section one hundred of the general municipal
law, or any social services district in the state  of  New  York  in  an
amount  sufficient  to make all payments required to be made by any such
organization pursuant to any lease, sublease or other agreement  entered
into between such organization and the dormitory authority.
All state and local officers are hereby authorized and required to pay
all  such  funds  so assigned and pledged to the dormitory authority or,
upon the direction of the dormitory authority, to  any  trustee  of  any
dormitory  authority bond or note issued pursuant to a certificate filed
with any such state or local officer by the dormitory authority pursuant
to the provisions of this subdivision.
* NB There are 5 sub 17's
* 17. For purposes of this section,  the  following  provisions  shall
apply  to powers in connection with the provision of dormitories for New
Dimensions in Living, Inc. and Associated Residential Centers,  Inc.  by
the dormitory authority pursuant to this title.
Except  to  the extent otherwise prohibited by law, the New York State
Association for Retarded Children, Inc., Rensselaer County Chapter,  the
New  York  State  Association  for  Retarded  Children, Inc., Montgomery
County  Chapter,  New  Dimensions  in  Living,   Inc.   and   Associated
Residential  Centers, Inc. shall have full power and authority to assign
and pledge to the dormitory authority any and all  public  funds  to  be
apportioned  or  otherwise  made  payable  by  the  state of New York, a
political subdivision, as defined in section one hundred of the  general
municipal  law, or any social services district in the state of New York
in an amount sufficient to make all payments required to be made by  any
such  organization  pursuant  to  any lease, sublease or other agreement
entered into between such organization and the dormitory authority.
All state and local officers are hereby authorized and required to pay
all such funds so assigned and pledged to the  dormitory  authority  or,
upon  the  direction  of  the dormitory authority, to any trustee of any
dormitory authority bond or note issued pursuant to a certificate  filed
with any such state or local officer by the dormitory authority pursuant
to the provisions of this subdivision.
* NB There are 5 sub 17's
18. For purposes of this section, the following provisions shall apply
to  powers  in  connection with the provision of dormitories for the New
York Society for the Deaf by the dormitory authority  pursuant  to  this
title.
Except to the extent otherwise prohibited by law, the New York Society
for the Deaf shall have full power and authority to assign and pledge to
the  dormitory  authority  any and all public funds to be apportioned or
otherwise  made  payable  by  the  state  of  New  York,   a   political
subdivision,  as defined in section one hundred of the general municipal
law, or any social services district in the state  of  New  York  in  an
amount  sufficient  to make all payments required to be made by any such
organization pursuant to any lease, sublease or other agreement  entered
into between such organization and the dormitory authority.
All state and local officers are hereby authorized and required to pay
all  such  funds  so assigned and pledged to the dormitory authority or,
upon the direction of the dormitory authority, to  any  trustee  of  any
dormitory  authority bond or note issued pursuant to a certificate filed
with any such state or local officer by the dormitory authority pursuant
to the provisions of this subdivision.
* 19. For purposes of this section,  the  following  provisions  shall
apply  to powers in connection with the purchase and renovation of a new
site for the library for the blind and  physically  handicapped  by  the
dormitory authority pursuant to this title:
a. Notwithstanding the provisions of any general or special law to the
contrary, and subject to the making of annual appropriations therefor by
the  legislature,  in  order  to  assist  the dormitory authority in the
purchase and renovation of a site in the county  of  New  York  for  the
library  for  the blind and physically handicapped, and in consideration
of the undertaking thereof and the benefits to be derived  therefrom  by
the people of the state, the director of the budget is authorized in any
state  fiscal  year to enter into one or more service contracts, none of
which  shall  exceed  thirty  years  in  duration,  with  the  dormitory
authority,  upon  such  terms  as  the  director  of  the budget and the
dormitory authority agree;
b. Any service contract entered into pursuant to paragraph a  of  this
subdivision  or  any  payments  made  or  to  be  made thereunder may be
assigned and pledged by the dormitory  authority  as  security  for  its
bonds and notes;
c.  Any such service contract shall provide that the obligation of the
director of the budget or of the state to fund or  to  pay  the  amounts
therein provided for shall not constitute a debt of the state within the
meaning  of  any  constitutional or statutory provision in the event the
dormitory authority assigns or  pledges  service  contract  payments  as
security  for  its  bonds or notes and shall be deemed executory only to
the extent moneys are available and that no liability shall be  incurred
by  the state beyond the moneys available for the purpose, and that such
obligation is subject to annual appropriation by the legislature;
d. Any  service  contract  or  contracts  for  projects  entered  into
pursuant  to  this  subdivision  shall  provide for state commitments to
provide annually to the dormitory authority a sum  or  sums,  upon  such
terms  and  conditions as shall be deemed appropriate by the director of
the budget, to fund, or to fund the debt  service  requirements  of  any
bonds or notes, including bonds issued to fund any required debt service
reserve requirement for bonds, of the dormitory authority issued to fund
such  projects  having  a cost not in excess of sixteen million dollars;
and
e. The New York public library, Astor, Lenox  and  Tilden  foundations
shall not be required to pledge all or any part of its moneys, earnings,
income,  revenues, accounts, contract rights, general intangibles, other
personal property, or assets to secure bonds  issued  by  the  dormitory
authority  to  finance the purchase and renovation of a new site for the
library  for  the  blind  and  physically  handicapped.  The   dormitory
authority shall possess and retain all the rights, title and interest in
and  to  the assets acquired with the proceeds of a bond or bonds issued
pursuant to this subdivision provided, however, that upon payment of all
outstanding debt service due on such bond or bonds all rights, title and
interest in and to such assets shall without any further payment by  the
state  of  New  York  be vested in the state of New York. Within amounts
provided by the dormitory authority, the New York public library, Astor,
Lenox and Tilden foundation shall be  responsible  for  the  conduct  of
necessary renovations of the acquired site.
* NB There are 4 sub 19's
* 19.  For  purposes  of  this section, the following provisions shall
apply to powers in connection with the provision of dormitories for  New
Hope 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  the

dormitory  authority  any  and  all  public  funds  to be apportioned or
otherwise made payable by the federal government,  any  agency  thereof,
the  state  of  New York, a political subdivision, as defined in section
one  hundred  of  the  general  municipal  law,  or  any social services
district in the state of New York in an amount sufficient  to  make  all
payments  required  to  be made by any such organization pursuant to any
lease,  sublease  or  other  agreement   entered   into   between   such
organization and the dormitory authority.
All state and local officers are hereby authorized and required to pay
all  such  funds  so assigned and pledged to the dormitory authority or,
upon the direction of the dormitory authority, to  any  trustee  of  any
dormitory  authority bond or note issued pursuant to a certificate filed
with any such state or local officer by the dormitory authority pursuant
to the provisions of this subdivision.
* NB There are 4 sub 19's
* 19. (a) The dormitory authority is empowered and authorized to enter
into a lease, sublease or other  agreement  with  the  state  university
construction  fund  pursuant  to  which  one  or  more  state university
educational  facilities  are  to  be  designed,  acquired,  constructed,
reconstructed,  rehabilitated,  improved or otherwise provided, or state
university educational facilities  are  to  be  furnished  or  equipped,
provided that such lease, sublease, or other agreement has been approved
by  the  state  university  of New York, which shall be a party thereto.
Such lease, sublease or other agreement may provide for the  payment  of
annual  rentals  and other payments by the state university construction
fund to the authority and contain such other terms and conditions as may
be agreed upon by the parties thereto, including, but  not  limited  to,
provisions  relating  to  the  maintenance  and  operation  of the state
university educational facilities, the establishment of  reserve  funds,
indemnities  and  the  disposition  of a facility or the interest of the
authority therein prior to or upon the termination or expiration of such
lease, sublease or  other  agreement.  Such  lease,  sublease  or  other
agreement  shall  be  subject  to  the  approval  of the director of the
budget.
(b) Notwithstanding the provisions of the  public  lands  law  or  any
other  law  to the contrary, the state of New York, the state university
of New York and the state university construction fund may sell, convey,
lease, exchange or  otherwise  make  available  to  the  authority,  for
nominal  consideration, the title to or an interest in real property for
the purpose of providing state university educational facilities and may
enter into any lease, sublease or other agreement with the authority  in
connection  with  state university educational facilities without public
auction or bidding or restriction as to the term of such lease, sublease
or other agreement.
(c) Subject to the provisions of chapter fifty-nine of the laws of two
thousand, the dormitory authority shall not issue any  bonds  for  state
university  educational  facilities  purposes if the principal amount of
bonds to be issued when added to the aggregate principal amount of bonds
issued by the dormitory authority on  and  after  July  first,  nineteen
hundred  eighty-eight  for  state university educational facilities will
exceed eighteen billion nine hundred eighty-eight  million  one  hundred
sixty-four  thousand  dollars  $18,988,164,000;  provided, however, that
bonds issued or to be issued shall be excluded from such limitation  if:
(1)  such bonds are issued to refund state university construction bonds
and state university construction notes previously issued by the housing
finance agency; or (2) such bonds are issued  to  refund  bonds  of  the
authority  or  other obligations issued for state university educational
facilities purposes and the present value of the aggregate debt  service

on  the  refunding  bonds  does  not  exceed  the  present  value of the
aggregate debt service on the bonds refunded thereby; provided,  further
that  upon certification by the director of the budget that the issuance
of  refunding  bonds  or  other  obligations issued between April first,
nineteen hundred ninety-two and  March  thirty-first,  nineteen  hundred
ninety-three  will generate long term economic benefits to the state, as
assessed on a present value basis, such issuance will be deemed to  have
met   the   present  value  test  noted  above.  For  purposes  of  this
subdivision, the present value of the  aggregate  debt  service  of  the
refunding  bonds  and  the aggregate debt service of the bonds refunded,
shall be calculated by utilizing the true interest cost of the refunding
bonds, which shall be that rate arrived at by doubling  the  semi-annual
interest  rate (compounded semi-annually) necessary to discount the debt
service payments on the refunding bonds from the payment  dates  thereof
to the date of issue of the refunding bonds to the purchase price of the
refunding  bonds,  including  interest  accrued  thereon  prior  to  the
issuance thereof. The maturity of such bonds, other than bonds issued to
refund outstanding bonds, shall not exceed the weighted average economic
life, as certified by the state university  construction  fund,  of  the
facilities  in  connection  with  which the bonds are issued, and in any
case not later than the earlier of thirty years or the expiration of the
term of  any  lease,  sublease  or  other  agreement  relating  thereto;
provided  that  no  note, including renewals thereof, shall mature later
than five years after the date of issuance of such note. The legislature
reserves the right to amend or repeal such limit, and the state  of  New
York, the dormitory authority, the state university of New York, and the
state  university  construction  fund are prohibited from covenanting or
making any other agreements with or for the benefit of bondholders which
might in any way affect such right.
(d) (1) (i) Notwithstanding any other provision of law, the  bonds  of
the   authority  issued  for  state  university  educational  facilities
purposes shall be sold to the bidder offering the lowest  true  interest
cost,  taking  into consideration any premium or discount, not less than
four nor more than fifteen days, Sundays excepted,  after  a  notice  of
such  sale  has  been  published at least once in a newspaper of general
circulation in the area served by the authority, which shall  state  the
terms of the sale. The terms of the sale may not change unless notice of
such change is published in such newspaper at least one day prior to the
date  of  the  sale  as  set  forth  in  the  original  notice  of sale.
Advertisements  shall  contain  a  provision  to  the  effect  that  the
authority,  in  its  discretion,  may  reject  any  or  all bids made in
pursuance of such advertisements, and in the event  of  such  rejection,
the  authority  is  authorized  to negotiate a private or public sale or
readvertise for bids in the form and  manner  above  described  as  many
times  as,  in  its  judgment, may be necessary to effect a satisfactory
sale.
(ii)  Notwithstanding  the  provisions   of   clause   (i)   of   this
subparagraph,  whenever in the judgment of the authority the interest of
the authority will be served thereby, the members of the  authority,  on
the  written recommendation of the executive director, may authorize the
sale of such bonds at private or public sale on a negotiated basis or on
either a competitive  or  negotiated  basis.  The  authority  shall  set
guidelines  governing  the  terms  and conditions of any such private or
public sales.
(2) The private or public bond sale guidelines set  by  the  authority
shall  include,  but  not  be  limited  to, a requirement that where the
interests of the state will be served by a private  or  public  sale  of
bonds,  the  authority  shall  select underwriters for private or public

bond  sales  conducted  pursuant  to  a  request  for  proposal  process
undertaken  in  accordance  with  the authority's procurement guidelines
adopted pursuant to section twenty-eight hundred  seventy-nine  of  this
chapter  from  qualified  underwriters  taking into account, among other
things, qualifications of underwriters as to experience,  their  ability
to  structure  and  sell authority bond issues, anticipated costs to the
authority, the prior experience of the authority with the firm, and,  if
any, the capitalization of such firms.
(3) The authority shall have the power from time to time to amend such
private or public bond sale guidelines in accordance with the provisions
of this section.
(4) No such private or public bond sale on a negotiated basis shall be
conducted by the authority without prior approval of the comptroller.
(5)  The  authority  shall  annually  prepare  and approve a bond sale
report which shall include the private or public bond sale guidelines as
specified in subparagraph two of  this  paragraph,  amendments  to  such
guidelines  since  the  last  private  or  public  bond  sale report, an
explanation of the bond sale guidelines and amendments, and the  results
of  any  sale  of bonds conducted during the fiscal year. Such bond sale
report may be a part of any other annual report that  the  authority  is
required to make.
(6)  (i)  The  authority shall annually submit its bond sale report to
the comptroller and copies thereof to the senate finance  committee  and
the assembly ways and means committee.
(ii)  The  authority  shall make available to the public copies of its
bond 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 or
agreement made or entered into in violation of,  or  without  compliance
with, the provisions of this section.
(e)  The state shall, in addition to any other moneys appropriated and
made available for the support of the  state  university  of  New  York,
annually  appropriate  and pay to the state university construction fund
an amount equal to  the  aggregate  of  all  annual  rentals  and  other
payments  due  to  the  dormitory  authority  from  the state university
construction fund on account of state university educational facilities,
which rentals and other payments are payable by the fund pursuant to any
lease, sublease or other agreement entered into  between  the  dormitory
authority  and  the  state university construction fund on or after July
first, nineteen hundred eighty-eight,  for  the  year  commencing  April
first  immediately  succeeding  the  filing of the report required to be
submitted  by  the  state  university  construction  fund  pursuant   to
subdivision  two  of  section  three hundred eighty-two of the education
law. Such amount shall be paid to the state university construction fund
as follows:
(1) on or before the fifteenth day of September of the fiscal year  of
the  state,  the  amount  required  to  be  paid by the state university
construction fund on account of state university educational  facilities
under any such lease, sublease or other agreement on or before the tenth
day of October of such state fiscal year;
(2)  no later than three business days prior to the tenth day of April
of the fiscal year of the state, the amount required to be paid  by  the
state  university  construction  fund  on  account  of  state university
educational facilities under any such lease, sublease or other agreement
on 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 the
state university construction fund for the purpose  of  making  payments

under  any  interest  rate  exchange  or similar agreements entered into
pursuant to article five-D of the state finance law for state university
educational facilities.
Notwithstanding  any  other  provision  of  law, the state comptroller
shall annually encumber that portion  of  the  amount  appropriated  for
payment  to  the  state university construction fund equal to the amount
required to be paid pursuant to subparagraphs  two  and  three  of  this
paragraph   in   the  fiscal  year  following  the  year  in  which  the
appropriation is made pursuant to any lease, sublease or other agreement
between the fund, the authority and the state  university  of  New  York
with  respect  to  authority  bonds issued or interest rate exchange and
similar  agreements  entered  into  for  state  university   educational
facilities, before the end of the fiscal year in which the appropriation
is  made. The amount so encumbered shall be payable to the fund pursuant
to subparagraphs  two  and  three  of  this  paragraph,  in  the  manner
prescribed by law.
In  the  event of the failure of the state to pay the state university
construction fund when due pursuant to this subdivision all or  part  of
such  amounts,  the  state  university construction fund shall forthwith
make and deliver to the state  comptroller  a  certificate  stating  the
amount  of  the  payment  required  to  have been made by the state, the
amount paid by the state and the amount remaining unpaid by  the  state.
The  state  comptroller,  after giving written notice to the director of
the budget, shall pay to the  state  university  construction  fund  the
amount  set  forth in such certificate as remaining unpaid, which amount
shall be paid from any moneys  appropriated  by  the  state  for  or  on
account  of  the operating costs of the state university of New York and
not yet paid. The amount required to be paid by  the  state  comptroller
pursuant  to  this  subdivision  shall  be  paid to the state university
construction  fund  as  soon  as  practicable  after  receipt   of   the
certificate  of the state university construction fund and notice to the
director of the budget is given, whether or not the  moneys  from  which
such  payment  is  to  be  made  are  then  due and payable to the state
university.
(f) The amount of state appropriations payable to the state university
of New York from which the state comptroller has made a payment pursuant
to this subdivision shall be reduced by the amount so paid to the  state
university  construction  fund,  notwithstanding the amount appropriated
and apportioned by the state to the state university of  New  York,  and
the state shall not be obligated to make and the state university of New
York  shall  not  be entitled to receive any additional apportionment or
payment of state moneys.
(g) The  amount  of  money  required  to  be  paid  pursuant  to  this
subdivision shall be determined from the report required to be submitted
by the state university construction fund pursuant to subdivision two of
section three hundred eighty-two of the education law. Nothing contained
in  this subdivision shall be construed to create an obligation upon the
state to appropriate moneys for or on account of the operating costs  of
state  university  educational  facilities,  to  preclude the state from
reducing the amount of moneys appropriated or level of support  provided
for  the  operating  costs  of the state university of New York from the
amount appropriated or level of support  provided  in  any  prior  state
fiscal  year,  or  to  preclude the state from altering or modifying the
manner in which it  provides  for  the  operating  costs  of  the  state
university of New York.
* NB There are 4 sub 19's
* 19.  For  purposes  of  this section, the following provisions shall
apply to powers in connection with  the  provision  of  dormitories  for

United  Cerebral Palsy of New York City, Inc. by the dormitory authority
pursuant to this title.
Except  to  the  extent  otherwise  prohibited by law, United Cerebral
Palsy of New York City, Inc. shall have  full  power  and  authority  to
assign and pledge to the dormitory authority any and all public funds to
be  apportioned  or  otherwise  made payable by the state of New York, a
political subdivision, as defined in section one hundred of the  general
municipal  law, or any social services district in the state of New York
in an amount sufficient to make all payments required to be made by  any
such  organization  pursuant  to  any lease, sublease or other agreement
entered into between such organization and the dormitory authority.
All state and local officers are hereby authorized and required to pay
all such funds so assigned and pledged to the  dormitory  authority  or,
upon  the  direction  of  the dormitory authority, to any trustee of any
dormitory authority bond or note issue pursuant to a  certificate  filed
with any such state or local officer by the dormitory authority pursuant
to the provisions of this subdivision.
* NB There are 4 sub 19's
20.  Subject  to  the  provisions  of  any  lease,  sublease  or other
agreement with the state university of New  York  and  state  university
construction  fund  or with the city university of New York and the city
university construction fund to the contrary,  in  any  case  where  the
authority and the respective fund are authorized to and have agreed that
the  authority will award contracts for the design and construction of a
project, the authority shall prepare or cause to be prepared a  facility
design  and  performance  plan with the state university of New York and
state university construction fund or with the city  university  of  New
York  and  the  city  university  construction fund. Such plan shall set
forth  the  terms  and  conditions  associated  with  the   construction
management  process,  including, but not limited to, provisions relating
to the selection of architects, construction  consultants,  construction
managers and contractors, the relative responsibilities of the authority
and  the respective fund with respect to the initial project budget, the
preparation of working drawings and budgets,  the  project  construction
process,  beneficial  occupancy  including  formal  notifications, punch
lists and  acceptance  by  all  parties,  notification  of  construction
completion,  project  close-out,  and the commencement of responsibility
for maintenance of the facility. Such plan shall also include provisions
relating to the responsibility of the authority to  require  appropriate
performance  and  surety bonds, the diligent pursuit by the authority of
remedies against architects, contractors and sureties deemed  to  be  in
default  in  the  performance  of their obligations, and, generally, the
management of the construction  process  in  a  professional  manner  in
accordance   with   prevailing   construction  industry  standards.  The
authority shall submit the facility design and performance plan  to  the
respective  fund  for inclusion in the capital program plan submitted by
the respective university to the director of the budget.
* 21. For the purposes of this section, the following provisions shall
apply  to  powers  in  connection  with  the   acquisition,   financing,
refinancing,   construction,  reconstruction,  improvement,  renovation,
development, expansion, furnishing, equipping or otherwise providing for
a new school building and provision of dormitories for  the  Westchester
School  for Special Children, Westchester county, hereinafter called the
organization, by the authority pursuant to this title.
Notwithstanding any other provision of  law,  the  organization  shall
have  full power and authority to assign and pledge to the authority any
and all public funds to be apportioned or otherwise made payable by  the
state, a political subdivision, as defined in section one hundred of the

general  municipal  law, or any social services district in the state in
an amount sufficient to make all payments required to  be  made  by  any
such  organization  pursuant  to  any lease, sublease or other agreement
entered into between such organization and the authority.
All state and local officers are hereby authorized and required to pay
all  such  funds  so  assigned  and pledged to the authority or upon the
direction of the authority, to any trustee of any authority bond or note
issued pursuant to a certificate filed with  any  such  state  or  local
officer by the authority pursuant to the provisions of this section.
No  agreement  or lease by such organization shall be effective unless
and until it is approved by or on behalf of  the  commissioners  of  the
various 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 shall
apply  to  powers  in  connection  with the construction of a new school
building and provision of dormitories for the  Guided  Growth,  Inc.  of
Hawthorne,  Westchester  county, hereinafter called the organization, by
the authority pursuant to this title.
Notwithstanding any other provision of  law,  the  organization  shall
have  full power and authority to assign and pledge to the authority any
and all public funds to be apportioned or otherwise made payable by  the
state, a political subdivision, as defined in section one hundred of the
general  municipal  law, or any social services district in the state in
an amount sufficient to make all payments required to  be  made  by  any
such  organization  pursuant  to  any lease, sublease or other agreement
entered into between such organization and the authority.
All state and local officers are hereby authorized and required to pay
all such funds so assigned and pledged to  the  authority  or  upon  the
direction of the authority, to any trustee of any authority bond or note
issued  pursuant  to  a  certificate  filed with any such state or local
officer by the authority pursuant to the provisions of this section.
No agreement or lease by such organization shall be  effective  unless
and  until  it  is  approved by or on behalf of the commissioners of the
various 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 shall
apply to powers in connection with  the  provision  of  dormitories  for
Saint   Christopher-Ottilie,   Nassau  county,  hereinafter  called  the
organization, by the authority pursuant to this title.
Notwithstanding any other provision of  law,  the  organization  shall
have  full power and authority to assign and pledge to the authority any
and all public funds to be apportioned or otherwise made payable by  the
state, a political subdivision, as defined in section one hundred of the
general  municipal  law, or any social services district in the state in
an amount sufficient to make all payments required to  be  made  by  any
such  organization  pursuant  to  any lease, sublease or other agreement
entered into between such organization and the authority.
All state and local officers are hereby authorized and required to pay
all such funds so assigned and pledged to  the  authority  or  upon  the
direction of the authority, to any trustee of any authority bond or note
issued  pursuant  to  a  certificate  filed with any such state or local
officer by the authority pursuant to the provisions of this section.
No agreement or lease by such organization shall be  effective  unless
and  until  it  is  approved by or on behalf of the commissioners of the
various state agencies that have jurisdiction over the project.
* NB There are 3 sub 21's
* 22. For purposes of this section,  the  following  provisions  shall
apply  to powers in connection with the provision of dormitories for The

National Center for the Study of Wilson's Disease, Inc. by the dormitory
authority pursuant to this title.
Except  to the extent otherwise prohibited by law, The National Center
for the Study of Wilson's  Disease,  Inc.  shall  have  full  power  and
authority  to  assign  and pledge to the dormitory authority any and all
public funds to be apportioned or otherwise made payable by the state of
New York, a political subdivision, as defined in section one hundred  of
the  general municipal law, or any social services district in the state
of New York in an amount sufficient to make all payments required to  be
made  by  any such organization pursuant to any lease, sublease or other
agreement entered into  between  such  organization  and  the  dormitory
authority.
All state and local officers are hereby authorized and required to pay
all  such  funds  so assigned and pledged to the dormitory authority or,
upon the direction of the dormitory authority, to  any  trustee  of  any
dormitory  authority bond or note issued pursuant to a certificate filed
with any such state or local officer by the dormitory authority pursuant
to the provisions of this subdivision.
* NB There are 3 sub 22's
* 22. For the purposes of this section, the following provisions shall
apply to powers in connection with  the  provision  of  dormitories  for
Orange  County  Cerebral Palsy Association, Inc., hereinafter called the
organization, by the authority pursuant to this title.
Notwithstanding any other provision of  law,  the  organization  shall
have  full power and authority to assign and pledge to the authority any
and all public funds to be apportioned or otherwise made payable by  the
state, a political subdivision, as defined in section one hundred of the
general  municipal  law, or any social services district in the state in
an amount sufficient to make all payments required to  be  made  by  any
such  organization  pursuant  to  any lease, sublease or other agreement
entered into between such organization and the authority.
All state and local officers are hereby authorized and required to pay
all such funds so assigned and pledged to  the  authority  or  upon  the
direction of the authority, to any trustee of any authority bond or note
issued  pursuant  to  a  certificate  filed with any such state or local
officer by the authority pursuant to the provisions of this section.
No agreement or lease by such organization shall be  effective  unless
and  until  it  is  approved by or on behalf of the commissioners of the
various 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 shall
apply to powers in connection  with  the  provision  of  facilities  for
Wildwood  Programs,  Inc.  (formerly  a school building for the Wildwood
School program of  New  York  Association  for  the  Learning  Disabled,
Capital  District  Chapter, Inc.) by the dormitory authority pursuant to
this title.
Except to the extent otherwise prohibited by law,  Wildwood  Programs,
Inc.,  (formerly New York Association for the Learning Disabled, Capital
District Chapter, Inc.) shall have full power and  authority  to  assign
and  pledge  to  the  dormitory authority any and all public funds to be
apportioned or otherwise made payable  by  the  state  of  New  York,  a
political  subdivision, as defined in section one hundred of the general
municipal law, or any social services district in the state of New  York
in  an amount sufficient to make all payments required to be made by any
such organization pursuant to any lease, sublease,  or  other  agreement
entered into between such organization and the dormitory authority.
All state and local officers are hereby authorized and required to pay
all  such  funds  so assigned and pledged to the dormitory authority or,

upon the direction of the dormitory authority, to  any  trustee  of  any
dormitory  authority bond or note issued pursuant to a certificate filed
with any such state or local officer by the dormitory authority pursuant
to the provisions of this subdivision.
* NB There are 3 sub 22's
25.  For  the purposes of this section, the following provisions shall
apply to powers in connection with the provision of dormitories for  The
Devereux Foundation by the dormitory authority pursuant to this title.
Except  to  the  extent  otherwise  prohibited  by  law,  The Devereux
Foundation shall have full power and authority to assign and  pledge  to
the  dormitory  authority  any and all public funds to be apportioned or
otherwise  made  payable  by  the  state  of  New  York,   a   political
subdivision,  as defined in section one hundred of the general municipal
law, or any social services district in the state  of  New  York  in  an
amount  sufficient  to make all payments required to be made by any such
organization pursuant to any lease, sublease or other agreement  entered
into between such organization and the dormitory authority.
All state and local officers are hereby authorized and required to pay
all  such  funds  so assigned and pledged to the dormitory authority or,
upon the direction of the dormitory authority, to  any  trustee  of  any
dormitory  authority bond or note issued pursuant to a certificate filed
with any such state or local officer by the dormitory authority pursuant
to the provisions of this subdivision.
26. a. The dormitory authority is empowered and  authorized  to  enter
into  a lease, sublease or other agreement with the department of health
of the state of New York pursuant to which one or more facilities are to
be  designed,  acquired,  constructed,   reconstructed,   rehabilitated,
improved  or  otherwise  provided  for the department of health, or such
facilities are to be furnished or  equipped.  Such  lease,  sublease  or
other  agreement may provide for the payment of annual rentals and other
payments  by  the  department  of   health   to   the   authority   from
appropriations,  as  provided  in  paragraph  c  of this subdivision and
contain such other terms and conditions as may be  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 a facility or the
interest of the authority therein prior to or upon  the  termination  or
expiration  of  such  lease,  sublease  or  other agreement. Such lease,
sublease or other agreement shall be subject  to  the  approval  of  the
director of the budget.
b.  Any  such lease, sublease or other agreement entered into pursuant
to this subdivision may provide that the provisions thereof shall remain
in force and effect until the issue of bonds of the authority  to  which
it  relates,  together  with  interest  thereon,  interest on any unpaid
installments of interest and the fees and expenses of the authority, are
fully met and discharged, and any payments to be made by the  state  may
be pledged by the authority to secure such bonds.
c.  The  state shall, in addition to any other moneys appropriated and
made available for the support of the  department  of  health,  annually
appropriate  and  pay  to the dormitory authority an amount equal to the
aggregate of all annual rentals and other payments due to the  dormitory
authority from the department of health on account of facilities for the
department  of  health,  which rentals and other payments are payable by
the department of health  pursuant  to  any  lease,  sublease  or  other
agreement   entered   into  between  the  dormitory  authority  and  the
department  of  health  on  or  after  July  first,   nineteen   hundred
eighty-nine,  for the year commencing April first immediately succeeding
the filing of the report required to be submitted by the  department  of

health pursuant to paragraph d of this subdivision. Such amount shall be
paid  to  the  dormitory  authority  as  follows:  (i)  on or before the
fifteenth day of May for the  fiscal  year  of  the  state,  the  amount
required to be paid by the department of health on account of facilities
for  the  department  of  health under any such lease, sublease or other
agreement; and, (ii) on or before the fifteenth day of November  of  the
fiscal  year  of  the  state,  the  amount  required  to  be paid by the
department of health under any such lease, sublease or other  agreement.
The  amount  of  money  required to be paid pursuant to this subdivision
shall be determined from the report required  to  be  submitted  by  the
commissioner of health pursuant to paragraph d of this subdivision.
d.  On  or before November fifteenth of each year, the commissioner of
health shall submit and thereafter may resubmit, to the director of  the
budget,  the  state  comptroller,  the chairperson of the senate finance
committee and the chairperson of the assembly ways and means  committee,
a  report  setting  forth the amounts, if any, of all annual rentals and
other payments estimated to become due in the  succeeding  state  fiscal
year  to  the dormitory authority from the department of health pursuant
to  any  lease,  sublease  or  other  agreement  between  the  dormitory
authority  and  the  department  of health entered into on or after July
first, nineteen hundred  eighty-nine,  to  provide  facilities  for  the
department of health.
* 27.  a. The dormitory authority is empowered and authorized to enter
into a lease, sublease or  other  agreement  with  the  commissioner  of
education  of  the  state  of  New  York  pursuant  to which one or more
facilities are to be  designed,  acquired,  constructed,  reconstructed,
rehabilitated,   improved   or  otherwise  provided  for  the  education
department or such facilities are to  be  furnished  or  equipped.  Such
lease, sublease or other agreement may provide for the payment of annual
rentals  and other payments by the education department to the dormitory
authority from appropriations,  as  provided  in  paragraph  c  of  this
subdivision,  and  contain  such  other  terms  and conditions as may be
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 a
facility or the interest of the dormitory  authority  therein,  if  any,
prior  to  or upon the termination or expiration of such lease, sublease
or other agreement. Such lease, sublease or  other  agreement  shall  be
subject to the approval of the director of the budget.
b.  Any  such lease, sublease or other agreement entered into pursuant
to this subdivision may provide that the provisions thereof shall remain
in force and effect until the issue of bonds of the dormitory  authority
to  which  it  relates,  together with interest thereon, interest on any
unpaid installments of  interest  and  the  fees  and  expenses  of  the
dormitory  authority,  are fully met and discharged, and any payments to
be made by the state may be pledged by the dormitory authority to secure
such bonds.
c. The state shall, in addition to any other moneys  appropriated  and
made  available  for  the  support of the education department, annually
appropriate to the education department for  payment  to  the  dormitory
authority  an  amount  equal  to the aggregate of all annual rentals and
other payments  due  to  the  dormitory  authority  from  the  education
department  on  account of facilities for the education department which
rentals and other payments  are  payable  by  the  education  department
pursuant  to any lease, sublease or other agreement entered into between
the dormitory authority and the education department on  or  after  July
first,  nineteen  hundred  ninety  for  the year commencing April first,
immediately succeeding the filing of the report required to be submitted

by the education department pursuant to paragraph d of this subdivision.
Such amount shall be paid to the dormitory authority as follows: (i)  on
or  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 of
facilities  for  the education department under any such lease, sublease
or other agreement;  and,  (ii)  on  or  before  the  fifteenth  day  of
September  of  the  fiscal  year of the state, the amount required to be
paid by the education department under any such lease, sublease or other
agreement. The amount of money required to  be  paid  pursuant  to  this
subdivision shall be determined from the report required to be submitted
by  the  commissioner  of  education  pursuant  to  paragraph  d of this
subdivision.
d. On or before November fifteenth of each year, the  commissioner  of
education  shall  submit and thereafter may resubmit, to the director of
the budget, the state comptroller, the chairperson of the senate finance
committee and the chairperson of the assembly ways and means  committee,
a  report  setting  forth the amounts, if any, of all annual rentals and
other payments estimated to become due in the  succeeding  state  fiscal
year  to  the dormitory authority from the education department pursuant
to  any  lease,  sublease  or  other  agreement  between  the  dormitory
authority  and  the  commissioner  of education entered into on or after
July first, nineteen  hundred  ninety  to  provide  facilities  for  the
education department.
e.  The  dormitory  authority  shall  not  issue  obligations  for the
provision  of  a  facility  for  the  education  department   unless   a
certificate  of  availability  has  been approved by the director of the
budget and an appropriation for such facility has been  enacted.  Except
for notes or bonds issued to refund outstanding bonds, no notes or bonds
shall  be  issued  for the purposes authorized by this subdivision after
the thirty-first day of March, nineteen hundred ninety-nine.
f. Any contract entered  into  by  the  dormitory  authority  for  the
construction,  reconstruction,  rehabilitation  or  improvement  of  any
building which constitutes all or part of a facility for  the  education
department of the state of New York, shall comply with the provisions of
section 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 shall
apply to powers in connection with  the  provision  of  dormitories  for
Vesta  Community  Housing  Development  Board,  Inc.  of Altamont by the
dormitory authority pursuant to title four  of  article  eight  of  this
chapter.
Except  to  the  extent  otherwise  prohibited by law, Vesta Community
Housing Development Board, Inc. of Altamont shall have  full  power  and
authority  to  assign  and pledge to the dormitory authority any and all
public funds to be apportioned or otherwise made payable by the state of
New York, a political subdivision, as defined in section one hundred  of
the  general municipal law, or any social services district in the state
of New York in an amount sufficient to make all payments required to  be
made  by  any such organization pursuant to any lease, sublease or other
agreement entered into  between  such  organization  and  the  dormitory
authority.
All state and local officers are hereby authorized and required to pay
all  such  funds  so assigned and pledged to the dormitory authority or,
upon the direction of the dormitory authority, to  any  trustee  of  any
dormitory  authority  bond or note issue pursuant to a certificate filed
with any such state or local officer by the dormitory authority pursuant
to the provisions of this subdivision.
No agreement or lease by such organization shall be  effective  unless
and  until  it  is  approved by or on behalf of the commissioners of the
various 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 shall
apply  to  powers  in connection with the construction of new facilities
for a diagnostic and evaluation program  and  a  pre-independent  living
program  and to expand existing facilities in a special education school
for  Gateway  Youth  and  Family  Services,   hereinafter   called   the
organization, by the authority pursuant to this title.
Notwithstanding  any  other  provision  of law, the organization shall
have full power and authority to assign and pledge to the authority  any
and  all public funds to be apportioned or otherwise made payable by the
state, a political subdivision, as defined in section one hundred of the
general municipal law, or any social services district in the  state  in
an  amount  sufficient  to  make all payments required to be made by any
such organization pursuant to any lease,  sublease  or  other  agreement
entered into between such organization and the authority.
All state and local officers are hereby authorized and required to pay
all  such  funds  so  assigned  and pledged to the authority or upon the
direction of the authority, to any trustee of any authority bond or note
issued pursuant to a certificate filed with  any  such  state  or  local
officer by the authority pursuant to the provisions of this section.
No  agreement  or lease by such organization shall be effective unless
and until it is approved by or on behalf of  the  commissioners  of  the
various state agencies that have jurisdiction over the project.
* NB There are 3 sub 27's
* 28.  For  purposes  of  this section, the following provisions shall
apply to powers in connection with the provision of dormitories for  the
Orleans  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  County
Chapter-New York State Association of Retarded Children, Inc. shall have
full power and authority to assign and pledge to the dormitory authority
any  and all public funds to be apportioned or otherwise made payable by
the state of New York, a political subdivision, as  defined  in  section
one  hundred  of  the  general  municipal  law,  or  any social services
district in the state of New York in an amount sufficient  to  make  all
payments  required  to  be made by any such organization pursuant to any
lease,  sublease  or  other  agreement   entered   into   between   such
organization and the dormitory authority.
All state and local officers are hereby authorized and required to pay
all  such  funds  so assigned and pledged to the dormitory authority or,
upon the direction of the dormitory authority, to  any  trustee  of  any
dormitory  authority bond or note issued pursuant to a certificate filed
with any such state or local officer by the dormitory authority pursuant
to the provisions of this subdivision.
* NB There are 3 sub 28's
* 28. For purposes of this section,  the  following  provisions  shall
apply  to powers in connection with the provision of dormitories for the
New York State Association  for  Retarded  Children,  Inc.,  Westchester
County Chapter by the dormitory authority pursuant to this title.
Except  to  the extent otherwise prohibited by law, the New York State
Association for Retarded  Children,  Inc.,  Westchester  County  Chapter
shall  have  full  power  and  authority  to  assign  and  pledge to the
dormitory authority any and  all  public  funds  to  be  apportioned  or
otherwise   made   payable  by  the  state  of  New  York,  a  political
subdivision, as defined in section one hundred of the general  municipal

law,  or  any  social  services  district in the State of New York in an
amount sufficient to make all payments required to be made by  any  such
organization  pursuant to any lease, sublease or other agreement entered
into between such organization and the dormitory authority.
All state and local officers are hereby authorized and required to pay
all  such  funds  so assigned and pledged to the dormitory authority, to
any trustee of any dormitory authority bond or note issued pursuant to a
certificate filed with any such state or local officer by the  dormitory
authority pursuant to the provisions of this subdivision.
* NB There are 3 sub 28's
* 28.  For  purposes  of  this section, the following provisions shall
apply to powers in connection with the provision of dormitories for  the
New     York     State     Association     for     Retarded    Children,
Inc.-Livingston-Wyoming  County  Chapter  by  the  dormitory   authority
pursuant to this title.
Except  to  the extent otherwise prohibited by law, the New York State
Association  for  Retarded  Children,   Inc.-Livingston-Wyoming   County
Chapter  shall have full power and authority to assign and pledge to the
dormitory authority any and  all  public  funds  to  be  apportioned  or
otherwise   made   payable  by  the  state  of  New  York,  a  political
subdivision, as defined in section one hundred of the general  municipal
law,  or  any  social  services  district in the state of New York in an
amount sufficient to make all payments required to be made by  any  such
organization  pursuant to any lease, sublease or other agreement entered
into between such organization and the dormitory authority.
All state and local officers are hereby authorized and required to pay
all such funds so assigned and pledged to the  dormitory  authority  or,
upon  the  direction  of  the dormitory authority, to any trustee of any
dormitory authority bond or note issued pursuant to a certificate  filed
with any such state or local officer by the dormitory authority pursuant
to the provisions of this subdivision.
* NB There are 3 sub 28's
31.  a.  The  dormitory  authority may enter into leases, subleases or
other agreements with private not-for-profit schools for  the  financing
of   and   the  design,  construction,  reconstruction,  rehabilitation,
improvement,  renovation,  acquisition  or  otherwise   providing   for,
furnishing  or  equipping  of  capital  facilities which are educational
facilities where the total estimated cost of such facilities exceeds ten
thousand  dollars.  The  plans  and  specifications  of   such   capital
facilities  shall  be  subject  to  the  approval of the commissioner of
education  with  respect  to  educational   facilities.   Such   capital
facilities  may  be  constructed  only  on  land  owned  by such private
not-for-profit school or, if the land is leased, where the lease is  for
a period at least equal to the appropriate period of probable usefulness
for such facilities as listed in section 11.00 of the local finance law,
or  the  length  of  the  lease,  sublease  or  other agreement with the
dormitory authority, whichever is longer.
b. Each such private not-for-profit school shall, notwithstanding  any
other  provision  of  law,  have the power to convey, lease, sublease or
otherwise  make   available   to   the   dormitory   authority   without
consideration,  title  or any other rights in real property satisfactory
to the dormitory authority.
c. In addition to providing for all other matters deemed necessary and
proper, such leases, subleases and other agreements  shall  (1)  require
such  private  not-for-profit  school  to pay to the dormitory authority
annual rentals which shall  include  the  amount  required  to  pay  the
principal  of  and  interest  on  obligations of the dormitory authority
issued in relation to  providing  such  facilities  and  all  incidental

expenses  of  the  dormitory authority incurred in relation thereto, (2)
require  the  private  not-for-profit  school  to  include   an   amount
sufficient  to  meet  its obligations under the lease, sublease or other
agreement  in  each  proposed  budget  submitted  during the term of the
lease, sublease or other agreement, and (3) not be executed  until  such
capital  facilities  are  approved by the commissioner of education with
respect to educational facilities.
d. Title or other real  property  rights  to  the  capital  facilities
financed  pursuant  to  this  section  shall  remain  with the dormitory
authority until the dormitory authority certifies to the commissioner of
education with respect to educational facilities and the comptroller the
receipt by it of the amount necessary to pay the total aggregate  amount
of  annual  rentals  to  the dormitory authority. At such time, title or
other real property rights thereto shall be transferred by the dormitory
authority to such private not-for-profit school for use for  educational
purposes.  In  order  to avail itself of the provisions of this section,
each such private not-for-profit school must also agree to  continue  to
operate  a  program  for  the education of children pursuant to contract
with public school districts or  social  services  districts,  and  such
lease,  sublease  or  other agreement with the dormitory authority shall
provide that, if  the  private  not-for-profit  school  shall  cease  to
operate such a program at any time during the term of the agreement, the
state  will  have  the  option to take such title or other real property
rights of the dormitory authority  in  land,  buildings,  equipment  and
other  properties  which  the private not-for-profit school uses for its
program upon, subject to appropriations, payment by  the  state  to  the
dormitory  authority  of  the amount required to pay the total aggregate
amount of annual rentals to the dormitory authority.
e. On or  before  November  fifteenth  of  each  year,  the  dormitory
authority  shall submit, and thereafter may resubmit, to the director of
the budget, the state comptroller, the chairman of  the  senate  finance
committee  and  the  chairman of the assembly ways and means committee a
report setting  forth  the  amounts,  if  any,  of  all  annual  rentals
estimated  to  become  due  in  the  succeeding state fiscal year to the
dormitory authority from the private not-for-profit school  pursuant  to
any   leases,  subleases  or  other  agreements  between  the  dormitory
authority and such private not-for-profit school to provide  educational
facilities for such private not-for-profit school. The state comptroller
shall  pay  over  to  the dormitory authority pursuant to appropriations
therefor solely from moneys  available  in  the  private  not-for-profit
school capital facilities financing reserve fund the amount set forth in
such report at the times and in the amounts set forth in the certificate
filed 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-profit
school which elects to avail itself of the provisions  of  this  section
shall   have   established   with   the   state  comptroller  a  private
not-for-profit school capital facilities financing reserve account which
shall be used to pay to  the  dormitory  authority  the  annual  rentals
payable  to  the  dormitory  authority by private not-for-profit schools
which have entered into leases, subleases or other agreements  with  the
dormitory  authority  to  provide educational facilities pursuant to the
provisions of this section. The dormitory authority  shall  identify  to
the  state comptroller and to the commissioner of education with respect
to educational facilities, the private not-for-profit schools with which
it has leases, subleases or other agreements pursuant  to  this  section
and  shall  annually certify the amount of annual rentals required to be
paid pursuant to such leases, subleases or other agreements.
(2) (i) There is hereby  established  in  the  custody  of  the  state
comptroller  a  special  fund  to be known as the private not-for-profit
school capital facilities financing  reserve  fund.  Within  such  fund,
there   is  hereby  established  a  special  account  for  each  private
not-for-profit  school  which  enters  into  a  lease, sublease or other
agreement with the dormitory authority pursuant to this section.
(ii) Notwithstanding the provisions of any other law, such fund  shall
consist of part of the tuition payments from public school districts and
social   services   districts  as  determined  by  the  commissioner  of
education. The comptroller shall maintain sufficient amounts in the fund
in order to pay when  due  the  annual  rentals  due  to  the  dormitory
authority  from  each such private not-for-profit school pursuant to any
lease,  sublease  or  other  agreement  entered  into  pursuant  to  the
provisions of this section. The dormitory authority shall certify to the
state  comptroller  the  dates  and  amount  of  such annual payments as
scheduled in its leases, subleases or other agreements with such private
not-for-profit schools. The commissioner of education  with  respect  to
educational facilities shall certify the amount of payments due the fund
from public school districts and social services districts, respectively
and  such  public  school  districts and social services districts shall
make such payments to the fund at such times as shall be  prescribed  by
the  commissioner with respect to educational facilities, subject to the
approval of the director of the budget, and after consultation with  the
dormitory authority.
(iii)  Revenues  in  any special account in the private not-for-profit
school capital facilities financing reserve fund may be commingled  with
any  other monies in such fund. All deposits of such revenues with banks
and trust companies shall be secured by obligations of the United States
or of the  state  of  New  York  or  its  political  subdivisions.  Such
obligations  shall  have  a market value at least equal at all times to,
but not less than, one hundred  five  percent  of  the  amount  of  such
deposits.  All banks and trust companies are authorized to give security
for such deposits. Any such revenues in such fund may, in the discretion
of the comptroller, be invested in obligations of the United  States  or
the  state  or  obligations  the  principal of and interest on which are
guaranteed by the United States or by the  state.  Any  interest  earned
shall be credited to such fund.
(iv)  Upon receipt by the comptroller of a certificate or certificates
from the dormitory authority that it requires a payment or payments from
the appropriate special account established for a private not-for-profit
school in order for such private not-for-profit school  to  comply  with
any lease, sublease or other agreement pursuant to this section, each of
which  certificates  shall  specify the required payment or payments and
the date when the payment or payments is required, the comptroller shall
pay from such special account on or before the specified date or  within
thirty days after receipt of such certificate or certificates, whichever
is  later,  to the paying agent designated by the dormitory authority in
any such certificate, the amount or amounts so certified.
(v) All payments of  money  from  the  private  not-for-profit  school
capital facilities financing reserve fund shall be made on the audit and
warrant of the state comptroller.
g.  Notwithstanding the provisions of any contract pursuant to article
eighty-one or eighty-nine of the education law between a social services
district or a  public  school  district  and  a  private  not-for-profit
school.  If  the  private  not-for-profit  school  enters  into a lease,
sublease or other agreement with the  dormitory  authority  pursuant  to
this  section,  payments  due  from the public school district or social

services district shall be made in accordance  with  the  provisions  of
this chapter.
h.  All  state and local officials are authorized and required to take
whatever actions are necessary to  carry  out  the  provisions  of  this
section  and the provisions of any leases, subleases or other agreements
entered into pursuant to this section,  including  making  the  required
payments to the dormitory authority.
i.  Notwithstanding  any  other  provision of law to the contrary, the
dormitory authority may execute leases, subleases, or  other  agreements
with  private not-for-profit schools authorized pursuant to this section
and chapter six hundred ninety-eight of the  laws  of  nineteen  hundred
ninety-one  for  financing  of the design, construction, rehabilitation,
improvement,  renovation,  acquisition  or  provision,   furnishing   or
equipping  of capital facilities; provided, however, that during the two
year period commencing July first,  nineteen  hundred  ninety-five,  the
amount  of  bonds inclusive of principal, interest and issuance costs to
be issued for each individual lease, sublease, or other agreement  shall
not  exceed  fifteen million dollars annually; and provided further that
the total amount of such  bonds  for  all  such  leases,  subleases,  or
agreements  with  private  not-for-profit  schools  during  such  period
exclusive of bonds for projects already  approved  by  the  division  of
budget  as  of  such  date  shall not exceed one hundred fifteen million
dollars.
On or before  September  first  of  each  year,  the  commissioner  of
education  shall  submit  to  the  chairs of the assembly ways and means
committee, the senate finance committee and the director of the  budget,
a  capital  plan  for  those  projects expected to be bonded for private
not-for-profit schools pursuant to this section, within such one hundred
fifteen million dollar allowance. After application of the principles of
the capital assets preservation program pursuant to education law,  such
plan shall accord priority to health and safety considerations and shall
specify  the  name, location, estimated total cost of the project at the
time the project is  to  be  bid,  the  anticipated  bid  date  and  the
anticipated  completion date and may contain any further recommendations
the commissioner may deem appropriate.
* 32. For purposes of this section,  the  following  provisions  shall
apply  to  powers  in  connection  with the provision of dormitories for
Hospice, Buffalo by the dormitory authority pursuant to this title.
Except to the extent otherwise prohibited  by  law,  Hospice,  Buffalo
shall  have  full  power  and  authority  to  assign  and  pledge to the
dormitory authority any and  all  public  funds  to  be  apportioned  or
otherwise   made   payable  by  the  state  of  New  York,  a  political
subdivision, as defined in section one hundred of the general  municipal
law,  or  any  social  services  district in the state of New York in an
amount sufficient to make all payments required to be made by  any  such
organization  pursuant to any lease, sublease or other agreement entered
into between such organization and the dormitory authority.
All state and local officers are hereby authorized and required to pay
all such funds assigned and pledged to the dormitory authority,  to  any
trustee  of  any  dormitory  authority bond or note issued pursuant to a
certificate filed with any such state or local officer by the  dormitory
authority pursuant to the provisions of this subdivision.
* NB There are 2 sub 32's
* 32. (a) The dormitory authority is empowered and authorized to enter
into  a  lease,  sublease  or  other agreement with the state university
construction fund pursuant to which an ambulatory care training facility
is to be acquired, designed, constructed, reconstructed,  rehabilitated,
improved  or  otherwise  provided,  and furnished and equipped, provided

that such lease, sublease or other agreement has been  approved  by  the
state university of New York which shall be a party thereto. Such lease,
sublease  or  other  agreement  may  provide  for  the payment of annual
rentals  and other payments by the state university construction fund to
the dormitory authority and contain such other terms and  conditions  as
may  be  agreed  upon by the parties thereto, including, but not limited
to, provisions relating to the maintenance  and  administration  of  the
ambulatory  care  training facility, the establishment of reserve funds,
the amounts, the source, the pledge and the timing of payments of annual
rentals and other payments by the fund to the authority  indemnification
and  the  disposition  of  the facility or the interest of the authority
therein, if any, prior to or upon the termination or expiration of  such
lease,  sublease  or  other  agreement.  Such  lease,  sublease or other
agreement shall be subject to  the  approval  of  the  director  of  the
budget.
(b)  Notwithstanding  the  provisions  of  the public lands law or any
other law to the contrary, the state of New York, the  state  university
of New York and the state university construction fund may sell, convey,
lease,  exchange  or  otherwise  make  available  to  the authority, for
nominal consideration, the title to or an interest in real property  for
the  purpose  of  providing an ambulatory care training facility and may
enter into any lease, sublease or other agreement with the authority  in
connection  with  an  ambulatory  care  training facility without public
auction or bidding or restriction as to the term of such lease, sublease
or other agreement.
(c) The state university construction  fund  shall  pay  over  to  the
dormitory authority, from amounts received by the fund from the tenants,
subtenants and other users of the ambulatory care training facility that
are  engaged  in medical practice at the health sciences center at state
university of New York at Stony Brook, pursuant to any  lease,  sublease
or other agreement between the fund and the university and such tenants,
subtenants  and  other  users, an amount equal to the annual rentals and
other payments due to the authority from the fund pursuant to  a  lease,
sublease  or  other  agreement  between  the authority and the fund with
respect to the  ambulatory  care  training  facility.  Any  such  lease,
sublease  or  other  agreement  with any tenant, subtenant or other user
shall 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 rentals
and other  amounts  due  to  the  dormitory  authority  from  the  state
university  construction  fund  pursuant to the lease, sublease or other
agreement between the  authority  and  the  fund  with  respect  to  the
ambulatory  care  training facility. In addition, any lease, sublease or
other agreement  with  any  tenant,  subtenant  or  other  user  of  the
ambulatory  care  training  facility  shall  provide  that  all revenues
received by the tenants, subtenants and other users including,  but  not
limited  to,  the  revenues  received  by  the medical clinical practice
management plan established pursuant to the policies  of  the  board  of
trustees  of  the  state  university  of New York at the health sciences
center at state university of New York at Stony Brook, shall be  pledged
and  assigned  to the dormitory authority to the extent required to make
the annual rentals and other payments due to the authority from the fund
pursuant to a lease, sublease or other agreement between  the  authority
and  the  fund  with respect to the ambulatory care training facility to
secure  the  obligations  of  the  state  university  construction  fund
undertaken  pursuant  thereto, and the authority shall have a first lien
on any such revenues to the same extent. The  state  university  of  New
York,  the  state university construction fund, any tenant, subtenant or

other user which has entered into a lease, sublease or  other  agreement
with  the  state  university  construction  fund and the university with
respect to the possession and  use  of  such  ambulatory  care  training
facility,  and  the  medical  clinical  practice  management plan at the
health sciences center at state university of New York  at  Stony  Brook
acting  by  and  through  any  authorized representatives thereof; shall
agree in writing to the pledge and assignment of all such revenues. Such
pledge and assignment shall  provide  that  (i)  all  revenues  of  such
medical   clinical  practice  management  plan,  including  any  amounts
receivable by the  state  university  of  New  York  from  such  medical
clinical   practice  management  plan  for  the  benefit  of  the  state
university of New York, shall be pledged and assigned to  the  dormitory
authority,  to  the extent required to make the annual rentals and other
payments due to the  authority  from  the  fund  pursuant  to  a  lease,
sublease  or  other  agreement  between  the authority and the fund with
respect to the ambulatory care training facility and the authority shall
have a first lien on any such revenues to the same extent to secure  the
obligations   of  the  state  university  construction  fund  undertaken
pursuant thereto; and (ii) the foregoing pledge and assignment shall  be
pursuant   to  the  obligation  under  such  medical  clinical  practice
management plan to  reimburse  the  state  for  the  costs  of  clinical
practice  in accordance with such clinical practice management plan. Any
such pledge and assignment of revenues to the authority may  be  further
pledged  and  assigned  to  the  holders of obligations of the dormitory
authority issued  to  finance  the  acquisition,  design,  construction,
reconstruction,   rehabilitation,   improvement   or   other   provision
furnishing and equipping of the ambulatory care training facility or  to
a  trustee  acting  on behalf of the holders of such obligations. To the
extent not so pledged and assigned, revenues of  such  medical  clinical
practice  management  plan shall be available for any lawful purposes of
the state university of New York health sciences center at Stony  Brook.
Notwithstanding  the provisions of article fourteen of the civil service
law or any other law, rule or regulation to the  contrary,  neither  the
state  of  New  York,  the  state  university  of  New York, the medical
clinical practice management plan at the state university of New York at
Stony Brook, nor any other person, corporation, organization  or  entity
shall take any action in such manner as to impair or diminish the rights
and  remedies of the dormitory authority pursuant to any such pledge and
assignment and any lien or  other  security  interest  created  pursuant
hereto.
(d)  In  the event of the failure of the state university construction
fund to receive when due, either pursuant to the  leases,  subleases  or
other  agreements  with  the  tenants,  subtenants or other users of the
ambulatory  care  training  facility  or  pursuant  to  the  pledge  and
assignment  of  the revenues of such tenants, subtenants or other users,
including the pledge and assignment of revenues received by the  medical
clinical  practice  management  plan,  amounts  which, in the aggregate,
equal the annual rentals and other payments required to be made  by  the
fund to the dormitory authority pursuant to the lease, sublease or other
agreement  between  the  fund  and  the  authority  with  respect to the
ambulatory care training facility, and subject to the right of the state
university  construction  fund  to  receive  payments  from  the   state
comptroller  pursuant  to the provisions of subdivision nineteen of this
section, as added by chapter six hundred seventy-eight of  the  laws  of
nineteen  hundred  eighty-eight,  the state university construction fund
shall forthwith make and deliver to such state comptroller a certificate
stating the amount of the aggregate payments required to have been  made
by  such  tenants,  subtenants  or other users, the amount received from

such tenants, subtenants or other users and the amount remaining  unpaid
by such tenants, subtenants or other users. The state comptroller, after
giving  written  notice to the director of the budget and the chancellor
of  state  university  of  New  York,  shall  pay  the  state university
construction fund the amount set forth in such certificate as  remaining
unpaid,  which  amount  shall  be  paid  from any moneys appropriated or
allocated by the state for or on account of the activities of the  state
university  of  New  York  at Stony Brook hospital and not yet paid. The
amount required to be paid by the state  comptroller  pursuant  to  this
subdivision  shall  be paid to the state university construction fund as
soon as practicable after  receipt  of  the  certificate  of  the  state
university  construction  fund  and notice to the director of the budget
and the chancellor of the state university of New York is given, whether
or not the moneys from which such payment is to be made are then due and
payable to the state university.
(e) The amount of state appropriations and allocations payable to  the
state university of New York for the Stony Brook hospital from which the
state  comptroller has made a payment pursuant to this subdivision shall
be reduced by the amount so paid to the  state  university  construction
fund,   notwithstanding   the   amount  appropriated  or  allocated  and
apportioned by the state to the state university of  New  York  for  the
Stony  Brook  hospital, and the state shall not be obligated to make and
the state university of New York shall not be entitled  to  receive  for
the  Stony  Brook  hospital  any  additional apportionment or payment of
state moneys on account of said amount  paid  to  the  state  university
construction fund.
(f)  In  the event of the failure of the state university construction
fund to receive when due, either pursuant to the  leases,  subleases  or
other  agreements  provided  for in paragraph (c) of this subdivision or
pursuant to the provisions of paragraph (d)  of  this  subdivision,  and
subject  to  the  right  of  the  state  university construction fund to
receive payments from the state comptroller pursuant to  the  provisions
of subdivision nineteen of this section, as added by chapter six hundred
seventy-eight  of  the  laws of nineteen hundred eighty-eight, the state
university construction fund shall forthwith make and  deliver  to  such
state  comptroller  a  certificate  stating  the amount of the aggregate
payments required to have been made by such tenants, subtenants or other
users. The  state  comptroller,  after  giving  written  notice  to  the
director  of  the  budget  and the chancellor of state university of New
York, shall pay the state university construction fund  the  amount  set
forth  in  such  certificate  as remaining unpaid, which amount shall be
paid from any moneys appropriated or allocated by the state  for  or  on
account  of  the  operating costs of the state university of New York at
Stony Brook and not yet paid. The amount required  to  be  paid  by  the
state  comptroller  pursuant  to  this  subdivision shall be paid to the
state university construction fund as soon as practicable after  receipt
of  the certificate of the state university construction fund and notice
to the director of the budget and the chancellor of state university  of
New  York is given, whether or not the moneys from which such payment is
to be made are then due and payable to the state university.
(g) The amount of state appropriations and allocations payable to  the
state  university  of  New  York  at  Stony  Brook  from which the state
comptroller has made a payment pursuant to  this  subdivision  shall  be
reduced by the amount so paid to the state university construction fund,
notwithstanding  the amount appropriated or allocated and apportioned by
the state to the state university of New York at  Stony  Brook  and  the
state  shall  not  be  obligated to make and the state university of New
York at Stony Brook shall not be  entitled  to  receive  any  additional

apportionment  or payment of state moneys on account of said amount paid
to the state university construction fund.
(h) Bonds issued by the dormitory authority pursuant to the provisions
of  this  subdivision  to  finance  an ambulatory care training facility
shall not be subject to the provisions of such subdivision  nineteen  of
this section.
* NB There are 2 sub 32's
33.  Notwithstanding  any  other  provision  of  law,  subject  to the
approval of the voters pursuant to sections two hundred  fifty-five  and
two hundred sixty of the education law, a public library shall have full
power  and authority to assign and pledge to the dormitory authority any
and all public funds to be apportioned or otherwise made payable by  the
state,  or a political subdivision, as defined in section one hundred of
the general municipal law, in an amount sufficient to make all  payments
required  to  be  made  by such public library pursuant to any agreement
entered into between such public library and  the  dormitory  authority.
All  state  and local officers are hereby authorized and required to pay
all such funds so assigned and pledged to  the  dormitory  authority  or
upon the direction of the authority to any trustee of any authority bond
or  note  issued, pursuant to a certificate filed with any such state or
local officer by the authority as required by such agreement.
34. a. Notwithstanding the provisions of any general or special law to
the contrary, and subject to  the  making  of  an  annual  appropriation
therefor  by the legislature, in order to assist the dormitory authority
in providing for the financing of the payment of the remaining principal
balance of the amount to be amortized as defined in section sixteen-a of
the retirement and social security law and interest accrued  from  March
first,  nineteen  hundred  ninety-six to the date of such payment of the
remaining principal balance, into the pension accumulation fund and  the
New  York  state  public  employees  group  life  insurance plan, and in
consideration of the undertaking thereof and the benefits to be  derived
therefrom  by  the  people  of  the state, the director of the budget is
authorized to enter into an agreement which shall not exceed  ten  years
in  duration  with  the  dormitory  authority,  upon  such  terms as the
director of the budget and the dormitory authority agree;
b. Any  agreement  entered  into  pursuant  to  paragraph  a  of  this
subdivision  or  any  payments  made  or  to  be  made thereunder may be
assigned and pledged by the dormitory  authority  as  security  for  its
bonds and notes;
c.  Any  such  agreement  shall  provide  that  the  obligation of the
director of the budget or of the state to fund or  to  pay  the  amounts
therein provided for shall not constitute a debt of the state within the
meaning  of  any constitutional or statutory provisions in the event the
dormitory authority assigns or pledges the payments received pursuant to
such agreement as security for its bonds or notes and  shall  be  deemed
executory  only to the extent moneys are available and that no liability
shall be incurred by the state beyond  the  moneys  available  for  that
purpose, and that such obligation is subject to annual appropriations by
the legislature;
d.  Any  agreement  entered  into  pursuant  to this subdivision shall
provide for state commitments  to  provide  annually  to  the  dormitory
authority  a  sum  or  sums,  upon such terms and conditions as shall be
deemed appropriate by the director of  the  budget,  to  fund  the  debt
service  requirements  of  any bonds or notes of the dormitory authority
issued pursuant to this subdivision; and
e. The dormitory authority shall not  issue  its  bonds  or  notes  to
finance  the  amounts as described in paragraph a of this subdivision in
an aggregate principal amount greater than  seven  hundred  eighty-seven

million  dollars; provided, however, that in addition to such bonds, the
authority may issue an aggregate principal amount of bonds sufficient to
fund any reserve funds established in connection therewith,  to  provide
capitalized interest on the bonds or notes and pay the costs incurred by
the  authority  in  connection with the issuance and servicing of any of
such bonds.
35. (a) The dormitory authority is empowered and authorized  to  enter
into  a  lease,  sublease,  lease  purchase, or other agreement with the
office of general services of the state of New York  on  behalf  of  the
department  of  audit  and  control of the state of New York pursuant to
which one or more facilities are to be designed, acquired,  constructed,
reconstructed,  rehabilitated,  improved  or  otherwise provided for the
department of audit and control of the state of New York, the  New  York
state  and local employees' retirement system and the New York state and
local police and fire retirement  system  and  pursuant  to  which  such
facilities  are  to be furnished or equipped provided, however, that any
contract or lease for  construction,  reconstruction  or  rehabilitation
authorized by this subdivision shall be governed by article eight of the
labor  law. Such lease, sublease, lease purchase, or other agreement may
provide for the payment of annual rentals  and  other  payments  by  the
department  of  audit  and  control  of  the  state  of  New York to the
dormitory authority from appropriations as provided in paragraph (c)  of
this  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 may
be 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 a
facility or the interest of the dormitory  authority  therein,  if  any,
prior  to  or  upon termination or expiration of such lease, sublease or
other  agreement.  Such  lease,  sublease,  lease  purchase,  or   other
agreement  shall  be  subject  to  the  approval  of the director of the
budget.
(b) Any such lease,  sublease,  lease  purchase,  or  other  agreement
entered   into  pursuant  to  this  subdivision  may  provide  that  the
provisions thereof shall remain in full force and effect until the issue
of the bonds of the dormitory authority to which  it  relates,  together
with  interest  thereon, interest on any unpaid installments of interest
and the fees and expenses of the dormitory authority, are fully met  and
discharged, and any payments to be made by the state, the New York state
and  local employees' retirement system and the New York state and local
police and fire retirement system pursuant to any lease, sublease, lease
purchase, or other agreement authorized pursuant  to  paragraph  (f)  of
this  subdivision  may  be  pledged by the dormitory authority to secure
such bonds.
(c) Any agreement entered into pursuant to  this  subdivision  by  and
between  the  dormitory  authority and the office of general services on
behalf of the department of audit and control shall  provide  for  state
commitments  to  provide annually to the department of audit and control
an amount equal to the aggregate amount of all annual rentals due to the
dormitory authority from the department of audit and control on  account
of such facilities for the department of audit and control, the New York
state  and local employees' retirement system and the New York state and
local 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  the
obligation  of  the  state  to  appropriate amounts to the department of
audit and control to pay annual rentals due to the  dormitory  authority

from  the  department  of audit and control on account of facilities for
the department of audit and  control,  the  New  York  state  and  local
employees' retirement system and the New York state and local police and
fire  retirement  system  pursuant  to  any  such lease, sublease, lease
purchase or other agreement shall not constitute a  debt  of  the  state
within the meaning of any constitutional and/or statutory provisions and
shall   be  deemed  executory  only  to  the  extent  state  moneys  are
appropriated and that no liability shall be incurred by the state beyond
the moneys appropriated for that purpose and  that  such  obligation  is
subject to annual appropriations by the legislature.
(d)  On  or  before  November  fifteenth  of  each year, the dormitory
authority shall submit and thereafter may resubmit to  the  commissioner
of  general  services,  the director of the budget, the comptroller, the
chairperson of the senate finance committee and the chairperson  of  the
assembly  ways  and means committee, a report setting forth the amounts,
if any, of all annual rentals and other payments estimated to be due  in
the  succeeding  state  fiscal  year to the dormitory authority from the
department of audit and control pursuant to any lease,  sublease,  lease
purchase,  or  other  agreement  between the dormitory authority and the
office of general services on behalf of  the  department  of  audit  and
control   entered   into  on  or  after  July  first,  nineteen  hundred
ninety-seven to provide facilities  for  the  department  of  audit  and
control,  the  New York state and local employees' retirement system and
the 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 for
construction, reconstruction, rehabilitation or improvement entered into
pursuant to this subdivision shall not be subject to public  auction  or
bidding or any restriction as to the term of such lease, sublease, lease
purchase or other agreement; provided however, that, with respect to any
lease,  sublease,  lease purchase, or other agreement for facilities for
the department of audit and  control,  the  New  York  state  and  local
employees' retirement system and the New York state and local police and
fire  retirement  system,  the  dormitory authority shall determine that
there has been a competitive  process  sufficient  to  comply  with  the
authority's  procurement  contract  guidelines  as  required pursuant to
section twenty-eight hundred seventy-nine of this chapter.
(f) Nothing herein shall be construed to diminish the authority of the
comptroller, in his capacity as trustee of the New York state and  local
employees' retirement system and the New York state and local police and
fire  retirement  system,  to  be  a  party  to any agreement authorized
pursuant to paragraph (a) of this subdivision or, in accordance with the
provisions of this title to enter into separate leases, subleases, lease
purchases or other agreements with the dormitory authority  pursuant  to
which  one or more facilities are to be designed, acquired, constructed,
reconstructed, rehabilitated, improved or otherwise provided for the New
York state and local employees' retirement system and the New York state
and local police and fire retirement system.
36. (a) The dormitory authority is empowered and authorized  to  enter
into  a  lease,  sublease,  lease  purchase, or other agreement with the
office of general services of the state of New York  pursuant  to  which
one  or  more  facilities  are  to  be  acquired, designed, constructed,
reconstructed, rehabilitated, improved or otherwise made  available  for
the  provision  of  parking  facilities for the state of New York in the
city of Albany, New York and pursuant to which such facilities are to be
furnished or equipped and in  furtherance  of  such  authorization,  the
commissioner  of general services is hereby empowered to grant or convey
to the dormitory authority, such lands as  may  be  necessary  for  such

purposes  upon  such terms and conditions as the commissioner of general
services may fix and determine provided, however, that any  contract  or
lease  for  construction, reconstruction or rehabilitation authorized by
this  subdivision  shall  be governed by article eight of the labor law.
Such lease, sublease, lease purchase, or other agreement may provide for
the payment of annual rentals and other payments by  the  state  of  New
York  on  behalf  of the departments or agencies having occupancy or use
thereof to the dormitory authority from appropriations  as  provided  in
paragraph  (c)  of this subdivision and may contain such other terms and
conditions as may be 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  a  facility  or the interest of the dormitory authority
therein, if any, prior to or upon  termination  or  expiration  of  such
lease,   sublease,  lease  purchase  or  other  agreement.  Such  lease,
sublease, lease purchase, or other agreement shall  be  subject  to  the
approval of the director of the budget.
(b)  Any  such  lease,  sublease,  lease  purchase, or other agreement
entered  into  pursuant  to  this  subdivision  may  provide  that   the
provisions thereof shall remain in full force and effect until the issue
of  the  bonds  of the dormitory authority to which it relates, together
with interest thereon, interest on any unpaid installments  of  interest
and  the fees and expenses of the dormitory authority, are fully met and
discharged, and any payments to be made by the state,  pursuant  to  any
lease,  sublease, lease purchase, or other agreement authorized pursuant
to this subdivision may be pledged by the dormitory authority to  secure
such bonds.
(c)  Any  lease,  sublease,  lease purchase or other agreement entered
into pursuant to this subdivision by and between the dormitory authority
and the state of New York by the office of general services with respect
to such parking  facilities  shall  provide  for  state  commitments  to
provide  annually  an amount equal to the aggregate amount of all annual
rental due to the dormitory authority from the state on  behalf  of  the
state   departments  and  agencies  having  occupancy  or  use  of  such
facilities. Any such lease, sublease, lease purchase or other  agreement
shall  further  provide  that the obligation of the state to appropriate
amounts to pay annual rentals due to the dormitory authority pursuant to
any such lease, sublease, lease purchase or other  agreement  shall  not
constitute  a debt of the state within the meaning of any constitutional
and/or statutory provisions and shall be deemed executory  only  to  the
extent  state  moneys  are  appropriated  and that no liability shall be
incurred by the state beyond the moneys appropriated  for  that  purpose
and  that  such  obligation  is  subject to annual appropriations by the
legislature.
(d) On or before  November  fifteenth  of  each  year,  the  dormitory
authority  shall  submit  to  the  commissioner of general services, the
director of the budget, the comptroller, the chairperson of  the  senate
finance  committee  and  the  chairperson of the assembly ways and means
committee, a report setting forth the amounts, if  any,  of  all  annual
rentals  and  other payments estimated to be due in the succeeding state
fiscal year to the dormitory authority pursuant to any lease,  sublease,
lease  purchase,  or other agreement between the dormitory authority and
the office of general services on  behalf  of  the  state  entered  into
hereafter to provide for parking facilities for the state of New York in
the city of Albany.
(e)  Notwithstanding  any provision of law to the contrary, any lease,
sublease, lease purchase or other agreement  entered  into  pursuant  to
this  subdivision  shall  not be subject to public auction or bidding or

any restrictions as to the term of such lease, sublease, lease  purchase
or other agreement for the provisions of parking services in the city of
Albany.
37. For purposes of this section, the following provisions shall apply
to powers in connection with the provision of facilities for UCPA of the
Capital  District,  Inc.,  UCPA  of Cayuga County, Inc., United Cerebral
Palsy and Handicapped Children's Association of  Chemung  County,  Inc.,
Finger   Lakes  United  Cerebral  Palsy,  Inc.,  United  Cerebral  Palsy
Associations of Fulton and Montgomery Counties,  Inc.,  United  Cerebral
Palsy  Association  of the Tri-Counties, Inc., Franziska Racker Centers,
Inc., United Cerebral Palsy Association of Nassau County,  Inc.,  United
Cerebral Palsy of New York City, Inc., United Cerebral Palsy Association
of Niagara County, Inc., Orange County Cerebral Palsy Association, Inc.,
United Cerebral Palsy of Queens, Inc., United Cerebral 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 - The Center for Discovery,
Inc., United Cerebral Palsy and Handicapped  Children's  Association  of
Syracuse,  Inc.,  United  Cerebral  Palsy  of Ulster County Inc., United
Cerebral Palsy and Handicapped Person's Association of the  Utica  Area,
Inc., United Cerebral Palsy Association of Westchester, Inc. and Unified
Creative  Programs,  Inc.,  United Cerebral Palsy Association of Western
New York, Inc., United Cerebral Palsy Association of Putnam and Southern
Dutchess Counties, Inc., United Cerebral Palsy Association of the  North
Country,  Inc.,  United  Cerebral  Palsy Associations of New York State,
Inc.,  any  not-for-profit  affiliates  or  members  of  Cerebral  Palsy
Associations  of  New York State, Inc., and any successor in interest to
any such organization, by the authority pursuant to this title.
Notwithstanding any other  provision  of  law,  UCPA  of  the  Capital
District,  Inc.,  UCPA of Cayuga County, Inc., United Cerebral Palsy and
Handicapped Children's Association of Chemung County, Inc., Finger Lakes
United Cerebral Palsy,  Inc.,  United  Cerebral  Palsy  Associations  of
Fulton  and Montgomery Counties, Inc., United Cerebral Palsy Association
of the  Tri-Counties,  Inc.,  Franziska  Racker  Centers,  Inc.,  United
Cerebral Palsy Association of Nassau County, Inc., United Cerebral Palsy
of  New  York  City,  Inc., United Cerebral Palsy Association of Niagara
County, Inc., Orange County Cerebral  Palsy  Association,  Inc.,  United
Cerebral Palsy of Queens, Inc., United Cerebral 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 - The Center for Discovery,
Inc., United Cerebral Palsy and Handicapped  Children's  Association  of
Syracuse,  Inc.,  United  Cerebral  Palsy  of Ulster County Inc., United
Cerebral Palsy and Handicapped Person's Association of the  Utica  Area,
Inc., United Cerebral Palsy Association of Westchester, Inc. and Unified
Creative  Programs,  Inc.,  United Cerebral Palsy Association of Western
New York, Inc., United Cerebral Palsy Association of Putnam and Southern
Dutchess Counties, Inc., United Cerebral Palsy Association of the  North
Country,  Inc.,  United  Cerebral  Palsy Associations of New York State,
Inc.,  any  not-for-profit  affiliates  or  members  of  Cerebral  Palsy
Associations  of  New York State, Inc., and any successor in interest to
any such organization shall have the full power and authority to  assign
and  pledge  to  the  dormitory authority any and all public funds to be
appropriated, apportioned or  otherwise  made  payable  by  the  federal
government,  any  agency  thereof,  the  state  government,  any  agency
thereof, a political subdivision as defined in section  one  hundred  of
the  general  municipal law, any social service district in the state of
New York or by any other governmental entity in an amount sufficient  to

make  all  payments  required  to be made by such entity pursuant to any
necessary or useful agreements entered into between such entity and  the
dormitory authority. All state and local officials are hereby authorized
and  required  to  pay  all  such  funds  so assigned and pledged to the
dormitory authority or, upon the direction of the  dormitory  authority,
to  any  trustee of any dormitory authority bond or note issued pursuant
to a certificate filed with any state or local officer by the  dormitory
authority pursuant to the provisions of this subdivision.
38.  a.  The  dormitory authority is empowered and authorized to enter
into a lease, sublease or  other  agreement  with  any  school  district
pursuant  to  which the dormitory authority may finance or refinance all
or any portion of school district capital facilities and school district
capital equipment for such school districts. Any such lease, sublease or
other agreement may provide for joint  facilities  pursuant  to  section
thirty-six  hundred  two  of  the education law pursuant to an agreement
with participating school districts as authorized in such section.  Such
lease,  sublease  or  other  agreement  may  provide for annual or other
payments to the dormitory authority  by  or  on  behalf  of  the  school
district. Such lease, sublease or other agreement may contain such other
terms  and  conditions  as  may  be  agreed upon by the parties thereto,
including, but not limited to, the establishment of  reserve  funds  and
indemnities.  A  lease,  sublease  or  other agreement entered into by a
school district with the dormitory authority pursuant to the  provisions
of  this  section  shall  not  be  deemed  to be an installment purchase
contract, contract for public  work  or  purchase  contract  within  the
meaning of article five-A of the general municipal law or any other law.
b.  (1)  Except as provided in subparagraph two of this paragraph, any
such lease, sublease, or other agreement shall not constitute or  create
indebtedness  of  the  state  or a political subdivision for purposes of
article seven or eight of the state constitution or section 20.00 of the
local finance law, shall be deemed executory only to the extent of money
appropriated annually therefor by the state or political subdivision and
shall not constitute a contractual obligation in excess of  the  amounts
so  appropriated;  provided  however  that  the  total  amount of unpaid
payments due under any such lease, sublease or agreement on  account  of
principal  due  on  bonds  issued by the authority shall be deemed to be
indebtedness within the meaning of subdivision three of paragraph  a  of
section  135.00  of  the local finance law except to the extent that any
portion of the indebtedness, if issued by the school district, would  be
excluded pursuant to section 136.00 of the local finance law.
(2)  A  school  district shall have full power and authority to pledge
its full faith and credit for the payment  of  its  obligations  to  the
dormitory  authority  pursuant to any lease, sublease or other agreement
entered into pursuant to this subdivision. Any such lease,  sublease  or
other  agreement  shall  be authorized in the same manner as is required
for the adoption of a bond resolution by the school district  under  the
local  finance  law.  The  total  amount  of  all unpaid annual payments
constituting the principal of any  indebtedness  for  which  the  school
district  shall  have pledged its faith and credit shall be deemed to be
indebtedness of the school district within the meaning  of  subparagraph
(b)  of  subdivision three of paragraph a of section 135.00 of the local
finance law and section ten of article eight of the  state  constitution
and   such   lease,   sublease   or  other  agreement  shall  constitute
indebtedness for purposes of article eight of the constitution  and  the
local finance law.
c. Notwithstanding the provisions of any general or special law to the
contrary,  school districts may, subject to the requirements, if any, of
voter approval contained in the education law or any other law, transfer

title or grant any other property interests or rights to  the  dormitory
authority  and  the  dormitory authority may transfer title or grant any
other real property interests to such school districts.
d.  Any  such lease, sublease or other agreement entered into pursuant
to this subdivision may provide that the provisions thereof shall remain
in force and effect until the bonds, notes or other obligations  of  the
dormitory authority are no longer outstanding, together with interest on
any  unpaid  installments  of  interest and the fees and expenses of the
dormitory authority, are fully met and discharged, and any  payments  to
be  made  by  or  on  behalf  of  the  school  district to the dormitory
authority may be pledged to secure such bonds. Any such lease,  sublease
or  other agreement may provide for joint facilities pursuant to section
thirty-six hundred two of the education law through  an  agreement  with
participating districts as authorized in such section.
e.  (1)  Whenever the dormitory authority issues bonds, notes or other
obligations for a school district pursuant to  any  lease,  sublease  or
other  agreement, the school district is authorized to assign and pledge
to the dormitory authority a sufficient portion of any  and  all  public
funds  to be apportioned or otherwise to be made payable by the state of
New York to the school district to cover the payments required under the
lease, sublease or other agreement between the authority and the  school
district.  All state and local officials concerned are hereby authorized
to apportion and pay all such funds  so  assigned  and  pledged  to  the
dormitory  authority.  Such assignment and pledge by any school district
shall be irrevocable and shall continue until  the  date  on  which  the
liabilities  of  the  school  district and the authority for such school
district capital facilities and school district capital  equipment  have
been discharged and the bonds of the authority issued therefor have been
paid or such bonds have otherwise been discharged.
(2) The total amount payable annually to the dormitory authority shall
be  certified by the authority to the commissioner of education, and the
authority shall annually prepare and  certify  to  the  commissioner  of
education  a  statement  of the total amount necessary to be paid by all
school districts for the ensuing school year.  The  dormitory  authority
may  provide the commissioner of education such additional statements as
the authority deems necessary.
(3) The commissioner of education shall include in the certificate  he
or  she  files  with  the state comptroller the amount to be owed by the
school district to the dormitory authority for the ensuing school year.
(4) The state comptroller shall pay to  the  dormitory  authority  and
shall  deduct  from  any  state  funds  to become due to any such school
district an amount equal to the amount  required  to  be  paid  by  such
school  district  to the dormitory authority as shown by the certificate
of the commissioner of education filed with  the  state  comptroller  as
required by subparagraph three of this paragraph.
(5)  In  the  event  that the amount paid to the authority pursuant to
subparagraph  four  of  this  paragraph  by  the  state  comptroller  is
insufficient  to meet any payment required by the school district to the
authority, any such amount still due and owing shall be paid directly to
the authority by the school district pursuant to any lease, sublease  or
other agreement between the authority and the school district.
39.  The  dormitory  authority  shall  not issue its obligations for a
school district pursuant to subdivision thirty-eight of this section  to
refund  or  refinance all or any portion of any outstanding indebtedness
of such school  district  except:  (i)  to  refund  dormitory  authority
obligations  previously  issued  for  such  school  district; or (ii) to
refund or refinance all or any portion of any  outstanding  indebtedness
issued  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 were
eligible for building aid pursuant to section thirty-six hundred two  of
the  education  law  and  for  which  the approved expenditures for debt
service payable in any year are subsequently reduced; or (iii) to refund
or refinance all or any portion of any outstanding  indebtedness  issued
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 provided that present value of the total payments to become due to
the authority from the school  district  on  account  of  principal  and
interest  are  less than the present value of the principal and interest
payments to become due on the bonds to be  refunded  with  such  present
value  savings  to  be  computed  as  provided  in  subparagraph  (a) of
subdivision two of paragraph b of section 90.10  of  the  local  finance
law;  or  (iv)  to refinance all or any portion of any bond anticipation
notes of a school district  issued  to  finance  a  school  construction
project.   In   the  event  that  the  dormitory  authority  issues  its
obligations  on  behalf  of  a  school  district  as  provided  in  this
subdivision:  (i)  no lease, sublease or other agreement entered into by
the school district pursuant to this subdivision shall,  notwithstanding
any  other  provision of law to the contrary, be subject to the approval
of voters of the school district and (ii) the proceeds of any  refunding
bonds  issued by the authority, including any interest earnings thereon,
shall be held in trust under the terms of an escrow  agreement  for  the
benefit  of  the  holders  of  such  refunded  obligations  in an amount
sufficient to provide for the payment of the principal, redemption price
and interest due on the refunded obligations of the school  district  to
their  stated maturities or, if such bonds are to be called, to the call
date.
40. a. Any lease, sublease or  other  agreement  by  and  between  the
dormitory  authority and any residential institution for children shall,
in addition to any other provisions deemed necessary  by  the  dormitory
authority, contain the following:
(1)  a  requirement  that  the  residential  institution  for children
establish an account with a bank or  trust  company  acceptable  to  the
dormitory  authority into which the residential institution for children
shall deposit, or cause to be deposited, all amounts  received  by  such
residential  institution  for  children from any school district, social
service district or any  other  payor  on  account  of  the  residential
services  provided  by  such  residential  institution for children. The
residential institution  for  children  shall  grant  to  the  dormitory
authority  a security interest in such account and the moneys on deposit
therein shall be subject to withdrawal by  the  residential  institution
for children only after the payment of amounts then due to the dormitory
authority as provided in such lease, sublease or other agreement;
(2)  a requirement that the residential institution for children grant
to the dormitory authority either a mortgage on the real  property  used
by  the  residential  institution  for  children  to provide residential
services or such other interest in real property as is acceptable to the
dormitory authority;
(3) a  requirement  that  the  residential  institution  for  children
continue  to  operate  a  residential program for foster children and/or
children placed by the  committee  on  special  education  of  a  school
district  pursuant to contracts with social services districts or school
districts for the term of the lease, sublease or other agreement and  in
the  event  such  residential  institution  for children fails to do so,
provide for the transfer and operation of the residential facilities  to
a  replacement not-for-profit operator that is qualified to provide such

services and that  has  assumed  the  obligations  of  such  residential
institution for children pursuant to such agreement;
(4)  a  requirement  that  the  residential  institution  for children
include in each of its contracts with a social service district,  school
district  or  any other payor a provision requiring that the residential
institution for children will deposit, or cause to be deposited, all  of
its  maintenance rate payments from such social service district, school
district  or  other  payor  into  the  separate  account   required   by
subparagraph  one  of this paragraph. In the event of the failure of the
applicable social  services  district  or  school  district  to  make  a
maintenance rate payment to the residential institution for children for
residential  care provided to a child in the residential institution for
children, the state comptroller shall withhold  state  reimbursement  to
the  applicable social services district or school district in an amount
equal to the unpaid obligation for the capital financing add-on rate and
pay over such sum  to  the  dormitory  authority  or  its  trustee  upon
certification  of  the commissioner of the office of children and family
services or the state education department, as applicable; and
(5) a requirement that the residential institution for children pay to
the dormitory authority the amount required to pay the principal of  and
interest on obligations of the dormitory authority issued in relation to
providing  such  facilities and all incidental expenses of the dormitory
authority incurred in relation thereto.
b. The dormitory authority shall not  issue  any  bonds  or  notes  in
excess  of  sixty million dollars for the purpose of financing the costs
related  to  residential  institutions  for  children  as   defined   in
subdivision  forty-four  of  section sixteen hundred seventy-six of this
title. In calculating the amount of bonds or notes outstanding  pursuant
to  this  subdivision,  the principal amount of bonds or notes issued to
fund one or more debt service reserve funds,  the  principal  amount  of
bonds  or  notes  issued to pay the costs of issuance of such bonds, and
the principal amount of bonds or notes issued  to  refund  or  otherwise
repay  such bonds and bonds or notes previously issued shall be excluded
therefrom. Except for purposes of complying with  the  internal  revenue
code,  any interest income earned on bond proceeds shall only be used to
pay debt service on such bonds or notes.