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S T A T E O F N E W Y O R K
________________________________________________________________________
11224
I N A S S E M B L Y
May 1, 2026
___________
Introduced by M. of A. MAHER -- read once and referred to the Committee
on Local Governments
AN ACT to amend the facilities development corporation act, in relation
to the transfer and conveyance of certain property to the town of
Goshen
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Paragraph (a) of subdivision 13 of section 5 of section 1
2 of chapter 359 of the laws of 1968, constituting the facilities develop-
3 ment corporation act, as separately amended by chapters 479 and 551 of
4 the laws of 2022, is amended and a new paragraph (c) is added to read as
5 follows:
6 (a) Subject to the terms and conditions of any lease, sublease, loan
7 or other financing agreement with the state housing finance agency or
8 the state medical care facilities finance agency, and to the determi-
9 nation of the appropriate commissioner of the department, and in the
10 case of community mental health and developmental disabilities facili-
11 ties, of the city or county, that such real property held for the
12 purposes of a mental hygiene facilities improvement program is unneces-
13 sary for the present or foreseeable future needs of a mental hygiene
14 facility, with the approval of the director of the budget, to convey for
15 fair value, except as otherwise provided in [paragraph] PARAGRAPHS (b)
16 AND (C) of this subdivision, any right, title or interest of the people
17 of the state of New York in and to such real property to any appropriate
18 state agency, or public corporation, city or county for other public use
19 or for sale, lease or other disposition in accordance with law, real
20 property held by the corporation, provided, however, nothing in this
21 subdivision shall be deemed to supersede the provisions of section 41.34
22 of the mental hygiene law and provided further that any such conveyance
23 shall be subject to, and consistent with the terms and objectives of,
24 any plan developed by the state interagency council on mental hygiene
25 property utilization. The corporation shall provide written notice at
26 least thirty days in advance of the effective date of any conveyance to
27 the governor, the majority leader of the senate and the speaker of the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15631-01-6
A. 11224 2
1 assembly. No conveyance as authorized in this subdivision that may
2 adversely affect the tax exempt nature of any such lease, sublease, loan
3 or other financing agreement with the state housing finance agency or
4 the New York state medical care facilities finance agency may occur
5 until the attorney general or other designated bond counsel determines
6 in writing that the conveyance is consistent with all applicable state
7 and federal laws, rules and regulations, and with deeds, leases,
8 subleases, loan agreements, financing agreements, and bond resolutions
9 relating to or affected by the conveyance, and that the conveyance does
10 not impair the tax exempt status of outstanding obligations issued by
11 the state housing finance agency or the New York state medical care
12 facilities finance agency to finance or refinance the design,
13 construction, acquisition, reconstruction, rehabilitation or improvement
14 of mental health service facilities as defined in the New York state
15 medical care facilities finance agency act.
16 (C) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, FOR THE
17 PURPOSES OF TRANSFERRING AND CONVEYING CERTAIN PROPERTY TO THE TOWN OF
18 GOSHEN THAT IS LOCATED ON THE OFFICE OF MENTAL HEALTH'S MID-HUDSON
19 FORENSIC PSYCHIATRIC CENTER CAMPUS, CONSTITUTING THE EXISTING WASTEWATER
20 TREATMENT PLANT, INCLUDING BUT NOT LIMITED TO, ALL STRUCTURES AND EQUIP-
21 MENT, BURIED INFRASTRUCTURE, AS WELL AS SPARE PARTS AND CONSUMABLE
22 SUPPLIES UTILIZED IN THE SEWER TREATMENT PROCESS AND LOCATED AT THE
23 PLANT, TOGETHER WITH THE NINETEEN (19) ACRES OF LAND ON WHICH THE WASTE-
24 WATER TREATMENT PLANT IS SITUATED, A SUBDIVIDED PORTION OF 2834 STATE
25 ROUTE 17M IN THE TOWN OF GOSHEN, ORANGE COUNTY, NEW YORK AND IDENTIFIED
26 WITH A TAX PARCEL NO. TO BE ASSIGNED, FOR THE PURPOSES DESCRIBED HEREIN,
27 THE TERM "FAIR VALUE" SHALL BE DEEMED TO BE A NOMINAL AMOUNT AS DETER-
28 MINED BY THE COMMISSIONER OF THE OFFICE OF MENTAL HEALTH TO BE IN THE
29 PUBLIC INTEREST, IN ORDER TO FACILITATE THE ABOVE-REFERENCED TRANSFER
30 FOR PUBLIC BENEFIT AND THE CONTINUATION OF WASTEWATER TREATMENT SERVICES
31 TO THE OFFICE OF MENTAL HEALTH'S MID-HUDSON FORENSIC PSYCHIATRIC CENTER.
32 ANY CONVEYANCE PURSUANT TO THIS PARAGRAPH SHALL BE CONSISTENT WITH AND
33 CONTINGENT UPON ANY SUCH TERMS AND CONDITIONS IMPOSED BY THE COMMISSION-
34 ER OF THE OFFICE OF MENTAL HEALTH INCLUDING, BUT NOT LIMITED TO, THOSE
35 TERMS AND CONDITIONS SUCH COMMISSIONER DEEMS PROPER TO ENSURE THE
36 CONTINUAL OPERATION AND MAINTENANCE OF THE WASTEWATER TREATMENT PLANT
37 AND PROVISION OF SERVICES TO THE OFFICE OF MENTAL HEALTH AT A REASONABLE
38 COST, AS MEMORIALIZED IN A SEPARATE WRITTEN AGREEMENT. THE DESCRIPTION
39 OF THE LANDS TO BE TRANSFERRED AND CONVEYED AS SET FORTH HEREIN IS NOT
40 INTENDED TO BE A LEGAL DESCRIPTION BUT INTENDED TO IDENTIFY THE PROPERTY
41 SUBJECT TO THIS PARAGRAPH.
42 § 2. This act shall take effect immediately.