(i) The state housing finance agency or the state medical care facilities finance agency, as the case may be, and the municipality, with the approval of the governing body, have entered into an agreement which shall set forth the health facility or health facilities to be constructed, the total estimated cost of each such facility, the estimated date of completion thereof and the estimated annual rentals to be paid by the municipality therefor. The agreement shall contain such other terms and conditions as may be agreed upon and shall be subject to the approval of the commissioner of health. Nothing herein contained shall preclude the corporation from being a party to any such agreement.

(ii) The commissioner of health shall have certified that there has been compliance with all requirements of article twenty-eight of the public health law. b. When two or more municipalities act jointly to provide a health facility, the agreement referred to in subparagraph (i) of paragraph a of this subdivision shall require the approval of the governing body of each municipality and shall specify the rights, duties and obligations of each municipality. c. The corporation shall prepare separate specifications for and solicit separate and independent bids on and award separate contracts on the subdivisions of work to be performed specified in section one hundred thirty-five of the state finance law, but the corporation in its discretion may assign such contracts for supervision to the successful bidder for the remaining work to be performed at the time the contracts for the particular health facility are awarded. Each contract for the construction of a health facility may include a provision that the architect who designed the facility, or an architect or engineer retained or employed specifically for the purpose of supervision, shall supervise the work to be performed through to completion and shall see to it that the materials furnished and the work performed are in accordance with the drawings, plans, specifications and contracts therefor. d. All contracts which are to be awarded pursuant to this subdivision shall be awarded by public letting in accordance with the following provisions, notwithstanding the provisions of section one hundred thirty-six, one hundred thirty-nine or one hundred forty of the state finance law, except that the corporation in its discretion may enter into a contract for such purposes without public letting where the estimated expense thereof is less than ten thousand dollars.

(i) If the contracts are to be publicly let, the corporation shall advertise the invitation to bid in a newspaper published in the municipality in which the health facility project is situated and in such other newspapers as will be most likely in its opinion to give adequate notice to contractors of the work required and of the invitation to bid. The invitation to bid shall contain such information as the corporation shall deem appropriate and a statement of the time and place where all bids received pursuant to such notice will be publicly opened and read.

(ii) The corporation shall not award any contract after public bidding except to the lowest bidder who in its opinion is qualified to perform the work required and is responsible and reliable. The corporation may, however, reject any or all bids, again advertise for bids, or waive any informality in a bid if it believes that the public interest will be promoted thereby. The corporation may reject any bid if in its judgment the business and technical organization, plant, resources, financial standing or business experience of the bidder, compared with the work to be performed, justify such rejection.

(iii) The invitation to bid and the contract awarded shall contain such other terms and conditions and such provisions for penalties as the corporation may deem desirable.

(iv) The corporation shall require such deposits, bonds and security in connection with the submission of bids, the award of contracts and the performance of work as it shall determine to be in the public interest and for the protection of the state housing finance agency or the state medical care facilities finance agency, as the case may be, and the municipality.

(v) The directors of the corporation shall determine when minor work of construction, reconstruction, alteration or repair of any health facility may be done by special order. Special orders for such work shall be short-form contracts. No work shall be done by special order in an amount in excess of twenty thousand dollars and a bond shall not be required for special orders. No work shall be done by special order unless a diligent effort has been made to obtain competition sufficient to protect the public interest prior to selecting the contractor to perform the work. Notwithstanding any other provision of this paragraph work done by special order under this subparagraph may be advertised through the regular public notification service of the office of general services or the state register. At least five days shall elapse between the first publication of such public notice and the date so specified for the public opening of bids. All payments on special orders shall be made on the certificate of the directors of the corporation. All special orders shall contain a clause that the special order shall only be deemed executory to the extent of the moneys available and no liability shall be incurred by the corporation or the state beyond the moneys available for the purpose. § 8-A. Provisions relating to agreements with certain non-profit corporations. 1. The corporation is authorized to enter into an agreement, at the request of the commissioner of health, with corporations which are eligible borrowers as defined in article 28-B of the public health law providing for such services and such compensation as shall be approved by the commissioner of health incident to an application for a mortgage loan pursuant to the provisions of article 28-B of the public health law. As a condition prerequisite to any such agreement, the commissioner of health shall have certified as to the public need for the proposed facility. 2. The corporation is authorized to enter into an agreement, with the approval of the commissioner of health, with a non-profit corporation organized under the laws of this state providing for the services of the corporation to be made available to such non-profit corporation incident to the design and construction of a facility or facilities included within the meaning of the word "hospital", as defined in article twenty-eight of the public health law, to be financed by means other than pursuant to article 28-B of such law. Such agreement shall provide that all such services and expenses of the corporation with respect to such facility or facilities shall be at the sole cost and expense of such non-profit corporation. As a prerequisite to any such agreement the commissioner of health shall have certified as to the public need for the proposed facility or facilities. § 8-b. Provisions relating to agreements with certain municipalities. 1. The corporation is authorized to enter into an agreement with a municipality providing for the design by the corporation of a health facility or health facilities for such municipality at the sole cost and expense of the municipality. Such agreement may also provide for the construction, reconstruction, rehabilitation and improvement of such health facility or health facilities by the corporation at the sole cost and expense of the municipality or of any agency or instrumentality thereof. A municipality is hereby authorized to enter into such agreements with the corporation and to provide for the payment to the corporation of all expenses incurred at such times and in such amounts as shall be set forth in the agreement, notwithstanding the provisions of any general, special or local law or of any charter. The agreement shall contain such other terms and conditions as may be agreed upon by the corporation and the municipality. The corporation shall enter into an agreement with a municipality prior to the commencement of any corporation services. No agreement entered into between the facilities development corporation and a municipality pursuant to this section shall be effective until the director of the budget has determined that the total estimated charge to be collected by the corporation from the municipality is fair and reasonable in relationship to the estimated total project cost and also that sufficient provisions exist to insure the collection of such charge by the corporation from the municipality. The corporation shall by regulation prescribe a procedure or procedures for the application by a municipality to the corporation for its assistance and the corporation's procedure or procedures for the design, construction, reconstruction, rehabilitation and improvement of a health facility or health facilities. Any such regulation shall be submitted to the director of the budget for his approval prior to its effectiveness. 2. In the design, construction, reconstruction, rehabilitation and improvement of a health facility pursuant to an agreement entered into as provided in subdivision one of this section, the corporation shall be governed by the applicable provisions relating to the design and construction of health facilities as set forth in subparagraphs c and d of paragraph (ii) of subdivision two of section eight of this act. § 9. Provisions relating to mental hygiene facilities improvement program and monies thereof. 1. Capital construction planning, construction standards, design and municipal regulations. a. The appropriate commissioner or director of the department shall cause to be prepared, with the assistance of the corporation, the commissioner of general services and the division of the budget, proposed standards for all mental hygiene facilities or classes of mental hygiene facilities to be financed, refinanced, designed, constructed, reconstructed, rehabilitated or improved pursuant to contracts executed by the corporation, the commissioner of general services, the state housing finance agency or the medical care facilities finance agency, other than mental hygiene facilities owned or leased by one or more voluntary agencies that are to be financed, refinanced, designed, constructed, reconstructed, rehabilitated or improved pursuant to any such contract. The proposed standards may, in the discretion of the appropriate commissioner or director of the department, include, among other things, provisions relating to the quality and type of materials to be used in such facilities, provisions for safety, fire protection, health and sanitation, provisions for the installation of fixtures, furnishings, equipment, machinery and apparatus in such facilities, and construction features deemed by the appropriate commissioner or director of the department to be desirable for the care, maintenance and treatment of the mentally disabled or for the use of staff personnel at mental hygiene facilities and their families. The proposed standards shall be forwarded to the governor for his approval, disapproval or modification. The proposed standards shall be deemed adopted, with or without modifications as the case may be, upon written approval by the governor. Such standards, in the form adopted, shall be filed by the appropriate commissioner or director of the department with the secretary of state in the manner provided by section one hundred two of the executive law. Changes in the construction standards so adopted may from time to time be formulated and proposed, approved, disapproved or modified, adopted and filed in the same manner as the original standards. b. The directors of the corporation shall prepare or cause to be prepared for the state housing finance agency or the medical care facilities finance agency, within the amounts appropriated therefor or otherwise available, the building plans, the exterior drawings or models displaying the architectural concept of each mental hygiene facility thereafter to be constructed, reconstructed, rehabilitated or improved, and the detailed plans and specifications for all such construction, reconstruction, rehabilitation and improvement work to be performed, all of which shall be subject to the separate approval of the appropriate commissioner of the department and, in the case of community mental health and retardation facilities, of the governing body of the city or county or of such officer, department, agency or community mental health board as may be designated by such governing body for the purpose of such approval. The directors of the corporation, except in the case of community mental health and retardation facilities, may cause the building plans, drawings, models and detailed plans and specifications for such work to be prepared under the direction of the commissioner of general services in accordance with the terms of any agreement entered into between the corporation and such commissioner pursuant to subdivision two of this section. In the case of community mental health and retardation facilities, the directors of the corporation may cause such building plans, drawings, models and detailed plans and specifications for such work to be prepared by its own employees, or on a contract basis, or by agreement with a city or county or with any state department or agency authorized to perform such work. The detailed plans and specifications for any such work to be performed pursuant to a contract shall comply with the construction standards in effect at the time the contract is executed. Subject to the terms of any agreement entered into between the corporation and the commissioner of general services pursuant to subdivision two of this section and between the corporation and the state housing finance agency or the medical care facilities finance agency pursuant to such section, the directors of the corporation may from time to time modify, or authorize modifications to, such detailed plans and specifications provided (i) that the plans and specifications as so modified shall comply with the construction standards, if any, adopted pursuant to paragraph a of this subdivision and in effect at the time of the modification, and (ii) that such modifications, if substantial, are made with the separate approval of the appropriate commissioner of the department and, in the case of community mental health and retardation facilities, of such governing body of the city or county or of such officer, department, agency or community mental health board as may be designated by such governing body for the purpose of such approval, and (iii) that in the event an amount for contingencies is appropriated or advanced to the corporation to pay the added costs during the then current state fiscal year of all modifications made in the course of construction, reconstruction, rehabilitation and improvement of mental hygiene facilities, no such modifications shall be made or authorized in such fiscal year without the approval of the director of the budget unless the cost thereof shall be less than five percentum of the total estimated cost of the facility as set forth in the budget bill referred to in paragraph a of subdivision two of this section, but in no event shall any such modification be made or authorized in such fiscal year if the cost thereof, plus the cost of all modifications theretofore made or authorized during the same state fiscal year, would exceed the amount for contingencies appropriated or advanced for the purpose of such modifications, and (iv) that in the event an amount for contingencies is not appropriated for the purpose of such modifications, no such modification involving an estimated expense of ten thousand dollars or more shall be made or authorized without the prior approval of the director of the budget. c. In the design, construction, acquisition, reconstruction, rehabilitation, alteration and improvement of mental hygiene facilities to be made available under license or permit from the corporation to voluntary agencies for use in providing community mental health and retardation services, the corporation shall be governed by the provisions of this act relating to the design and construction of mental hygiene facilities provided, however, that the program for each such facility shall have been prepared under the supervision of the appropriate commissioner of the department pursuant to the mental hygiene law at the request of such voluntary agency and with the approval of the community mental health board established pursuant to article forty-one of the mental hygiene law. d. In the design, construction, acquisition, reconstruction, rehabilitation, alteration and improvement of alcoholism or substance abuse facilities to be made available under license or permit from the corporation to voluntary agencies for use in the conduct of an alcoholism or substance abuse treatment program, the corporation shall be governed by the provisions of this act relating to the design and construction of alcoholism or substance abuse facilities provided that the program for such facility shall have been approved by the appropriate division of the office of alcoholism and substance abuse at the request of the local agency. e. No county, city, town or village shall have power to modify or change the plans or specifications for mental hygiene facilities to be constructed, reconstructed, rehabilitated or improved pursuant to this act, or the construction, plumbing, heating, lighting or other mechanical branch of work necessary to complete the work in question, nor to require that any person, firm or corporation employed on any such work shall perform any such work in any other or different manner than that provided by such plans and specifications, nor to require that any such person, firm or corporation obtain any other or additional authority or permit from such county, city, town or village as a condition of doing such work, nor shall any condition whatever be imposed by any such county, city, town or village in relation to the work being done pursuant to this act, but such work shall be under the sole control of the supervising architect or engineer in accordance with the drawings, plans, specifications and contracts in relation thereto; and the doing of any such work for the corporation by any person, firm or corporation in accordance with the terms of such drawings, plans, specifications or contracts shall not subject said person, firm or corporation to any liability or penalty, civil or criminal, other than as may be stated in such contracts or incidental to the proper enforcement thereof. 2. Letting of construction contracts. a. The corporation shall design, construct, acquire, reconstruct, rehabilitate and improve all mental hygiene facilities, or cause the same to be designed, constructed, acquired, reconstructed, rehabilitated and improved either on its own behalf or as agent for the state housing finance agency or the medical care facilities finance agency, except that in the case of all mental hygiene facilities owned or leased by one or more voluntary agencies that are to be designed, constructed, reconstructed, rehabilitated and improved under any lease, sublease, loan or other financing agreement entered into with such voluntary agency, the same may be designed, constructed, acquired, reconstructed, rehabilitated and improved by such voluntary agencies, provided that legislation or appropriations authorizing the same (i) have been requested by the appropriate commissioner or director of the department, (ii) have been recommended by the governor in a budget bill, which is approved by the legislature for the fiscal year for which the recommendation was made which specifies the mental hygiene facilities to be designed, constructed, acquired, reconstructed, rehabilitated or improved, the total estimated cost for each such facility, and the date when it is desired that the design, construction, acquisition, reconstruction, rehabilitation or improvement of each mental hygiene facility referred to therein be completed. All such work shall be performed in such manner as to assure completion, so far as practicable, by the dates specified. b. (i) The corporation may design, construct, reconstruct, rehabilitate and improve a mental hygiene facility, other than a community mental health and retardation facility, whether as principal or as agent for the state housing finance agency or the medical care facilities finance agency, only by agreement with the commissioner of general services, except that in the case a mental hygiene facility owned or leased by a voluntary agency that is to be designed, constructed, reconstructed, rehabilitated and improved under any lease, sublease, loan or other financing agreement entered into with such voluntary agency, or jointly with such voluntary agency and one or more voluntary agencies that operate such facility the same may be designed, constructed, reconstructed, rehabilitated and improved by such voluntary agencies, and except that:

(a) if the commissioner of general services for any reason declines to enter into an agreement with the corporation for such purpose; or

(b) if the commissioner of general services fails to enter into an agreement with the corporation for such purpose within forty-five days after receiving notification from the directors of the corporation of the work to be performed; or

(c) if the commissioner of general services fails to advertise such work for bids within one year after entering into an agreement with the corporation for the performance of such work; or

(d) if the estimated expense of any such work is less than ten thousand dollars, the corporation may construct, reconstruct, rehabilitate and improve a mental hygiene facility by its own employees or by contract awarded pursuant to paragraph g of this subdivision.

(ii) The corporation, with the approval of the director of the budget, may construct, reconstruct, rehabilitate and improve a community mental health and retardation facility by its own employees, by agreement with a city or county or with any state department or agency authorized to perform such work, or by contract awarded pursuant to paragraph g of this subdivision. All contracts awarded by a city or county on behalf of the corporation shall be awarded pursuant to paragraph g of this subdivision, notwithstanding any provision of any general, special or local law or any charter. c. In the event that the commissioner of general services enters into an agreement with the corporation for the construction, reconstruction, rehabilitation or improvement of a mental hygiene facility, the work required shall be performed in accordance with the terms of such agreement and in accordance with the provisions of paragraphs d and e of this subdivision, either by employees of the office of general services or by contract or contracts awarded pursuant to the public buildings law, the public works law and the state finance law. d. No contract for the construction, reconstruction, rehabilitation or improvement of a mental hygiene facility shall be awarded by any letting agency unless (i) the appropriate commissioner or director of the department shall have separately approved the architectural concept and the detailed plans and specifications for the facility to be constructed, reconstructed, rehabilitated or improved and (ii) the directors of the corporation, whether as principals or as agents for the state housing finance agency or the medical care facilities finance agency, shall have approved the proposed terms of such contract, including the detailed plans and specifications for the facility. Provided, however, the corporation shall only enter into any lease, sublease, loan or other financing agreement with a voluntary agency under which a mental hygiene facility owned or leased by such a voluntary agency is to be designed, acquired, constructed, reconstructed, rehabilitated or improved when the appropriate commissioner or director shall have approved the plans for such a facility. The form and content of such approval shall be approved by the division of budget however such agency approval shall allow maximum access to financing for design, acquisition, construction, reconstruction, rehabilitation and improvement, and shall be timely to reduce the need for utilization of short term commercial loans by voluntary agencies for services eligible for financing under this program. The medical care facilities financing agency shall advise the director of the budget on the form of such approval. e. Each contract for the construction, reconstruction, rehabilitation or improvement of a mental hygiene facility shall include a provision that the architect who designed the facility, or an architect or engineer retained or employed specifically for the purpose of supervision, shall supervise the work to be performed through to completion and shall see to it that the materials furnished and the work performed are in accordance with the drawings, plans, specifications and contract therefor. f. If the corporation is the letting agency, whether as principal or as agent for the state housing finance agency, the directors of the corporation shall prepare separate specifications for, and solicit separate and independent bids on, and award, separate contracts on the subdivisions of work to be performed specified in section one hundred thirty-five of the state finance law, but the directors of the corporation may in their discretion assign such contracts for supervision to the successful bidder for the remaining work to be performed at the time the contracts for the particular mental hygiene facility are awarded. g. All contracts which are to be awarded pursuant to this paragraph shall be awarded by public letting in accordance with the following provisions, notwithstanding any contrary provision of section one hundred thirty-six, one hundred thirty-nine or one hundred forty of the state finance law, except that in the discretion of the directors of the corporation, a contract may be entered into for such purposes without public letting where the estimated expense thereof is no more than eighty thousand dollars:

(i) If contracts are to be publicly let, the directors of the corporation shall advertise the invitation to bid in a newspaper published in the county of Albany and in such other newspapers as will be most likely in their opinion to give adequate notice to contractors of the work required and of the invitation to bid. The invitation to bid shall contain such information as the directors of the corporation shall deem appropriate and a statement of the time and place where all bids received pursuant to such notice will be publicly opened and read.

(ii) The directors of the corporation shall not award any contract after public bidding except to the lowest bidder who in their opinion is qualified to perform the work required and is responsible and reliable. The directors of the corporation may, however, reject any or all bids, again advertise for bids, or waive any informality in a bid if they believe that the public interest will be promoted thereby. The directors of the corporation may reject any bid if in their judgment the business and technical organization, plant, resources, financial standing or business experience of the bidder, compared with the work to be performed, justify such rejection.

(iii) The invitation to bid and the contract awarded shall contain such other terms and conditions, and such provisions for penalties, as the directors of the corporation may deem desirable.

(iv) The directors of the corporation shall require such deposits, bonds and security in connection with the submission of bids, the award of contracts and the performance of work as they shall determine to be in the public interest and for the protection of the state and affected state agencies, including the corporation. h. The directors of the corporation shall determine when minor work of construction, reconstruction, alteration or repair of any mental hygiene facility may be done by special order. Special orders for such work shall be short-form contracts approved by the attorney general and by the comptroller. No work shall be done by special order in an amount in excess of twenty thousand dollars and a bond shall not be required for special orders. No work shall be done by special order unless the directors have presented to the comptroller evidence that they have made a diligent effort to obtain competition sufficient to protect the interests of the state prior to selecting the contractor to perform the work. Notwithstanding the provisions of paragraph g of this subdivision, work done by special order under this paragraph may be advertised through the regular public notification service of the office of general services or the state register. At least five days shall elapse between the first publication of such public notice and the date so specified for the public opening of bids. The directors may also authorize the corporation to enter into special order contracts using bids advertised for, received and opened by any office of the department, in compliance with this act and all other applicable laws, and transmitted to the corporation. All payments on special orders shall be made on the certificate of the directors of the corporation and audited and approved by the state comptroller. All special orders shall contain a clause that the special order shall only be deemed executory to the extent of the moneys available and no liability shall be incurred by the state beyond the moneys available for the purpose. 3. Resources of the corporation. a. Subject to the provisions of this act, the directors of the corporation shall receive, accept, invest, administer, expend and disburse for its corporate purposes, other than for the purposes of any health facilities improvement program, (i) all payments made on or after January 1, 1964, for the care, maintenance and treatment of patients in every mental hygiene facility, other than a community mental health and retardation facility or a mental hygiene facility made available under license or permit from the corporation to a voluntary agency for use in providing community mental health and retardation services, or an office of alcoholism and substance abuse services facility made available under license or permit from the corporation to a voluntary agency for use in the conduct of an alcoholism or substance abuse treatment program, (ii) all payments made to the corporation by a lessee or permittee as rentals, permit fees or otherwise under any lease, sublease, permit or agreement undertaken with respect to a community mental health and retardation facility or current or former mental hygiene facility or from a voluntary agency with respect to a mental hygiene facility made available under lease, license or permit from the corporation to a voluntary agency, and (iii) all payments made to the corporation for the purchase of real property held by the corporation for the use of the department, other than payments derived from New York state medical care facilities finance agency financing or refinancing of the design, construction, acquisition, reconstruction, rehabilitation, improvement or renovation of state operated mental hygiene facilities, and may receive, accept, invest, administer, expend and disburse for its corporate purposes, other than for the purposes of any health facilities improvement program, appropriations or advances from the capital projects fund and the state purposes account of the general fund of the state, and other revenues and monies made available or to be made available to the corporation from any or all sources, including gifts, grants, loans and payments from the federal government, any state agency, any county, city, town or village, any private foundation, organization or individual, or any other source, for the construction, acquisition, reconstruction, rehabilitation and improvement of mental hygiene facilities, and for the maintenance and repair of such facilities. b. All monies of the corporation received or accepted pursuant to paragraph a of this subdivision, other than appropriations and advances from the state and except as otherwise authorized or provided in this section, shall be paid to the commissioner of taxation and finance as agent of the corporation, who shall not commingle such monies with any other monies. Such monies shall be deposited in two or more separate bank accounts. One of such accounts, to which shall be credited (i) all payments made on or after January 1, 1964, for the care, maintenance and treatment of patients in every mental hygiene facility, other than a community mental health and retardation facility, (ii) all payments made to the corporation as rentals, lease payments, permit fees or otherwise under any lease, sublease or agreement undertaken with respect to a community mental health and retardation facility or a current or former mental hygiene facility, (iii) all payments made to the corporation for the purchase of real property held by the corporation for the use of the department, other than payments derived from New York state medical care facilities finance agency financing or refinancing of the design, construction, acquisition, reconstruction, rehabilitation, improvement or renovation of state operated mental hygiene facilities, (iv) all income from investments and (v) all monies received or to be received for the purposes of such account on a recurring basis, shall be denominated the "mental hygiene facilities improvement fund income account". The monies in any account shall be paid out on checks signed by the commissioner of taxation and finance on requisition of the chairman of the corporation or of such other officer or employee or officers or employees as the corporation shall authorize to make such requisition. All deposits of such money shall, if required by the commissioner of taxation and finance or the directors of the corporation, be secured by obligations of the United States or of the state of a market value equal at all times to the amount of the deposit and all banks and trust companies are authorized to give such security for such deposits. Any moneys of the corporation not required for immediate use or disbursement may, at the discretion of the corporation, be invested by the commissioner of taxation and finance in accordance with the provisions of section 98-a of the state finance law. The mental hygiene facilities improvement fund and the income account therein shall remain in existence until terminated by the corporation by written notice to the commissioner of taxation and finance. Any moneys on deposit in the mental hygiene facilities improvement fund or the income account therein upon the termination of said fund and account shall be transferred by the commissioner of taxation and finance to the mental health services fund. The corporation shall not terminate the mental hygiene facilities improvement fund and the income account therein until all mental health services facilities bonds issued pursuant to: (i) the New York state medical care facilities finance agency act; (ii) article five-c of the state finance law; and (iii) article five-f of the state finance law and payable from the income account as described in paragraph g of this subdivision are no longer outstanding. c. Subject to the terms of any lease, sublease or agreement undertaken by the corporation, any such monies of the corporation, not required for immediate use may, at the discretion of the corporation, be invested by the commissioner of taxation and finance in obligations of the United States or the state or obligations the principal and interest of which are guaranteed by the United States or the state. d. No lease, sublease or other agreement relating to an alcoholism or substance abuse facility shall be undertaken by the corporation pursuant to this subdivision unless the appropriate division of the office of alcoholism and substance abuse shall have approved the terms thereof. e. The directors of the corporation shall at all times maintain on deposit in the mental hygiene facilities improvement fund income account the aggregate amount of money needed by the corporation during the next succeeding twelve calendar months to comply in full with all obligations of the corporation under the terms of every lease, sublease or agreement undertaken by the corporation which is then in effect, including without limitation by the specification thereof, (i) the amount needed to make rental payments thereunder during such year, and (ii) the amount needed to establish and maintain reserves thereunder during such year provided, however, that the provisions of this paragraph shall not apply with respect to agreements entered into pursuant to section nine-a of the New York state medical care facilities finance agency act. f. The directors of the corporation shall from time to time, but in no event later than the fifteenth day of each month pay over to the commissioner of taxation and finance and the state comptroller for deposit in the mental health services fund, all monies of the corporation in excess of the aggregate amount of money required to be maintained on deposit in the mental hygiene facilities improvement fund income account pursuant to paragraphs e and g of this subdivision. Prior to making any such payment, the chairman of the corporation shall, on behalf of the directors, make and deliver to the governor and the director of the budget his certificate stating the aggregate amount to be maintained on deposit in the mental hygiene facilities improvement fund income account to comply in full with the provisions of paragraphs e and g of this subdivision. g. (1) In addition to the amount required to be maintained by paragraph e of this subdivision, there shall be accumulated and set aside in each month in the mental hygiene facilities improvement fund income account, all receipts associated with loans, leases and other agreements with voluntary agencies. The corporation shall provide the amount of such receipts to be set aside to the commissioner of taxation and finance in each month. (2) No later than five days prior to the earlier of when payment is to be made on bonds issued for mental health services facilities purposes pursuant to: (i) the New York state medical care facilities finance agency act; (ii) article five-C of the state finance law; and (iii) article five-F of the state finance law, such set-aside receipts shall be transferred by the commissioner of taxation and finance as agent of the corporation from the mental hygiene facilities improvement fund income account in the amounts set forth in schedules provided by the corporation to the commissioner of taxation and finance in the following priority: first, to the trustee appointed by the New York state medical care facilities finance agency for the bonds issued pursuant to the New York state medical care facilities finance agency act for both voluntary agency and state purposes to pay debt service and other cash requirements due on such bonds on the relevant payment date, second, any remaining amount of such set-aside receipts to the trustee appointed by authorized issuers for the bonds issued pursuant to article five-C of the state finance law to pay debt service and other cash requirements due on such bonds on the relevant payment date and third, any remaining amount of such set-aside to the trustee appointed by authorized issuers for the bonds issued pursuant to article five-F of the state finance law to pay debt service and other cash requirements due on such bonds on the relevant payment date. 4. Agreements. a. Upon certification by the director of the budget of the availability of required appropriation authority, the corporation, or any successor agency, is hereby authorized and empowered to enter into leases, subleases, loans and other financing agreements with the state housing finance agency and/or the state medical care facilities finance agency, and to enter into such amendments thereof as the directors of the corporation, or any successor agency, may deem necessary or desirable, which shall provide for (i) the financing or refinancing of or the design, construction, acquisition, reconstruction, rehabilitation or improvement of one or more mental hygiene facilities or for the refinancing of any such facilities for which bonds have previously been issued and are outstanding, and the purchase or acquisition of the original furnishings, equipment, machinery and apparatus to be used in such facilities upon the completion of work, (ii) the leasing to the state housing finance agency or the state medical care facilities finance agency of all or any portion of one or more existing mental hygiene facilities and one or more mental hygiene facilities to be designed, constructed, acquired, reconstructed, rehabilitated or improved, or of real property related to the work to be done, including real property originally acquired by the appropriate commissioner or director of the department in the name of the state pursuant to article seventy-one of the mental hygiene law, (iii) the subleasing of such facilities and property by the corporation upon completion of design, construction, acquisition, reconstruction, rehabilitation or improvement, such leases, subleases, loans or other financing agreements to be upon such other terms and conditions as may be agreed upon, including terms and conditions relating to length of term, maintenance and repair of mental hygiene facilities during any such term, and the annual rentals to be paid for the use of such facilities, property, furnishings, equipment, machinery and apparatus, and (iv) the receipt and disposition, including loans or grants to voluntary agencies, of proceeds of mental health service facilities bonds or notes issued pursuant to section nine-a of the New York state medical care facilities finance agency act. For purposes of the design, construction, acquisition, reconstruction, rehabilitation or improvement work required by the terms of any such lease, sublease or agreement, the corporation shall act as agent for the state housing finance agency or the state medical care facilities finance agency. In the event that the corporation enters into an agreement for the financing of any of the aforementioned facilities with the state housing finance agency or the state medical care facilities finance agency, or in the event that the corporation enters into an agreement for the financing or refinancing of any of the aforementioned facilities with one or more voluntary agencies, it shall act on its own behalf and not as agent. The appropriate commissioner or director of the department on behalf of the department shall approve any such lease, sublease, loan or other financing agreement and shall be a party thereto. All such leases, subleases, loans or other financing agreements shall be approved prior to execution by no less than three directors of the corporation. b. To secure the payment of moneys or rentals due or to become due in any year under any lease, sublease, loan or other financing agreement entered into with the state housing finance agency or the state medical care facilities finance agency, pursuant to paragraph a of this subdivision, the directors of the corporation may pledge or assign any or all monies in the mental hygiene facilities improvement fund income account and in any rental reserve account established pursuant to paragraph c of this subdivision, and any or all monies which may be receivable by the corporation and credited to either or both such accounts in the future, whether equal to or in excess of the amount of such rentals due or becoming due in any year, and any or all right, title and interest of the corporation in and to the monies in or to be deposited in such accounts. c. The corporation may create and establish one or more separate accounts to be known as "rental reserve accounts" and may pay into such reserve accounts (i) any monies apportioned and paid by the state for the purposes of such reserve account pursuant to this paragraph, (ii) any monies in the mental hygiene facilities improvement fund income account transferred to such reserve accounts by the directors of the corporation pursuant to any lease, sublease or other agreement undertaken by the corporation, and (iii) any other monies which may be made available to the corporation from any source or sources specifically for the purposes of such reserve accounts. The monies credited to any rental reserve account established under this paragraph shall be used, except as hereinafter provided, solely for the payment of rentals as they become due under one or more of the leases, subleases and agreements referred to in paragraph a of this subdivision, provided, however, that the monies in such account shall not be withdrawn therefrom at any time in such amount as would reduce the amount thereof to less than the maximum amount of rental becoming due in any succeeding calendar year under such leases, subleases and agreements, except for the purpose of paying such rentals becoming due for the payment of which other moneys of the corporation are not available. Subject to the terms of any lease, sublease or agreement referred to in paragraph a of this subdivision, monies in a rental reserve account not required for immediate use or disbursement may be invested in obligations of the United States or the state or obligations the principal and interest of which are guaranteed by the United States or the state. In computing the amount of a rental reserve account for the purposes of this paragraph, securities in which all or a portion of the account are invested shall be valued at their market value as of a date within seven days preceding the date of the computation or at their cost to the corporation, whichever is less. Any excess in a rental reserve account as of the last day of any state fiscal year over the maximum amount of rental becoming due in any succeeding calendar year under such lease agreements shall be withdrawn by the corporation from such account and transferred to the mental hygiene facilities improvement fund income account to be used for the corporate purposes of the corporation, other than for the purposes of any health facilities improvement program. In order further to secure the maintenance in all rental reserve accounts established pursuant to this paragraph of an amount equal to the maximum amount of rental becoming due in any succeeding calendar year under the leases, subleases and agreements to which the reserve account relates, there shall be annually apportioned and paid to the corporation for deposit in such rental reserve accounts such sum, if any, as shall be certified by the chairman of the corporation to the governor and director of the budget as necessary to restore such accounts to an amount equal to the maximum amount of rental becoming due in any succeeding calendar year under such leases, subleases and agreements. The chairman of the corporation shall annually, on or before December first, make and deliver to the governor and director of the budget his certificate stating the amount, if any, required to restore such rental reserve accounts to the amount aforesaid and the amount so stated in said certificate, if any, shall be apportioned and paid to the corporation during the then current state fiscal year. d. No lease, sublease or other agreement shall be undertaken by the corporation pursuant to this section unless the governor, or where so designated by the governor for such purpose, the director of the budget, shall have approved the terms thereof. e. The attorney general shall pass upon the form and sufficiency and manner of execution of any lease, sublease or other agreement entered into pursuant to this section and the same shall not be effective unless so approved by him. f. The state shall not be liable for any rentals, loan, or other payments payable by the corporation pursuant to the terms of a lease, sublease, loan or other financing agreement entered into pursuant to this section, and such lease, sublease, loan or other financing agreement shall contain among its terms a statement to such effect. 5. Jurisdiction of mental hygiene facilities; maintenance and repair. On and after the effective date of this act, the corporation shall be entitled to exclusive possession, jurisdiction, supervision and control of all real property, including mental hygiene facilities, theretofore acquired and held for department purposes and of all mental hygiene facilities thereafter constructed or acquired, and, to all payments made after January first, nineteen hundred sixty-four, for the care, maintenance and treatment of patients at such mental hygiene facilities. The directors of the corporation shall make available to the appropriate commissioner of the department for use in the care, maintenance and treatment of the mentally disabled, all such real property and facilities including newly constructed, acquired, reconstructed, rehabilitated and improved facilities, together with the original furnishings, equipment, machinery and apparatus therein, as soon as practicable after the completion of work. Responsibility for the maintenance and upkeep of such property, for the maintenance and routine repair of such facilities, and for the replacement of furnishings, equipment, apparatus and machinery, shall be in the appropriate commissioner of the department, provided, however, if the terms of any lease, sublease, loan or other financing agreement entered into between the corporation and the state housing finance agency or the state medical care facilities finance agency, pursuant to subdivision four of this section so require, such responsibility shall be in the directors of the corporation until the termination of such lease, sublease, loan or other financing agreement. The care, maintenance and treatment of the mentally disabled at all mental hygiene facilities shall remain at all times the responsibility of the appropriate commissioner of the department in accordance with the provisions of the mental hygiene law. Notwithstanding the foregoing provisions of this subdivision, title to all real property on which mental hygiene facilities, other than those owned or leased by voluntary agencies, are located shall continue to be vested in the people of the state until conveyed in accordance with law. The provisions of this subdivision shall not apply to community mental health and retardation facilities. 6. Notwithstanding any provision of any general, special or local law or of any charter: a. The governing body, as such term is defined in article forty-one of the mental hygiene law (except that with respect to the city of New York such term shall mean the board of estimate), of a city or county may, upon such terms and conditions as shall be approved by such governing body and for such consideration, if any, as may be determined by such governing body, but not to exceed the cost of acquisition thereof and the cost of improvements thereon, exclusive of any costs reimbursed or to be reimbursed in accordance with the provisions of article forty-one of the mental hygiene law otherwise, execute and deliver to the corporation a lease for a term not exceeding forty years or a deed (i) conveying to the corporation real property and one or more community mental health and retardation facilities of the city or county located thereon, a portion of the costs of which facilities are eligible for state reimbursement in accordance with the provisions of article forty-one or article twenty-five of the mental hygiene law or (ii) conveying to the corporation real property of the city or county or an interest therein, for the purpose of causing to be constructed, reconstructed, rehabilitated or improved thereon one or more community mental health and retardation facilities pursuant to this act, such community mental health and retardation facilities to be made available to such county or city for use and occupancy under lease, sublease or other agreement upon such terms and conditions as may be agreed upon, including terms and conditions relating to length of terms, maintenance and repair of community mental health and retardation facilities during such term and the annual rentals to be paid therefor for the use thereof. The corporation is hereby authorized to accept any such lease or conveyance, to hold such real property, to enter into a lease, sublease or other agreement with such city or county for the purpose of making such community mental health and retardation facility so acquired or to be constructed, reconstructed, rehabilitated or improved thereon available for use and occupancy by such city or county, and to lease or convey real property so acquired to the New York state housing finance agency or the medical care facilities finance agency, provided, however, that any such further lease or conveyance shall be solely for the purpose of causing community mental health and retardation facilities to be acquired, constructed, reconstructed, rehabilitated or improved thereon, such community mental health and retardation facilities to be made available to such city or county for use and occupancy under a lease, sublease or other agreement between the corporation and such city or county, upon such terms and conditions as may be agreed upon. No such lease or conveyance from the corporation to the New York state housing finance agency or the state medical care facilities finance agency shall be for a consideration in excess of the cost of acquisition of such real property and the costs of improvements thereon. The appropriate commissioner of the department, on behalf of his office, and the director of the budget shall approve all leases, subleases or agreements, whether between the corporation and such city or county or between the corporation and the housing finance agency or the state medical care facilities finance agency, and the appropriate commissioner of the department shall be a party thereto. The appropriate division of the office of alcoholism and substance abuse shall also approve all such leases, subleases or agreements relating to the construction, reconstruction, rehabilitation or improvement of community mental health and retardation facilities, constituting alcoholism or substance abuse facilities for use in an alcoholism or substance abuse treatment program as defined in the mental hygiene law. b. In the event that the corporation shall fail, within five years after the date of such lease or conveyance, to construct, reconstruct, rehabilitate or improve the community mental health and retardation facility or facilities thereon for which such lease or conveyance was made, or to cause the same to be done, as provided for in a lease, sublease or other agreement entered into with such city or county, then, subject to the terms of any lease, sublease or other agreement undertaken by the New York state housing finance agency or the state medical care facilities finance agency, with respect thereto, such real property and any facilities thereon shall revert to such city or county with right of re-entry thereupon, and such lease or deed shall be made subject to such condition of reverter and re-entry; provided, however, that as a condition precedent to the exercise of such right of re-entry, such city or county shall pay an amount equal to the sum of the purchase price of such real property, the depreciated cost of any facility or facilities constructed, reconstructed, rehabilitated or improved thereon, and all other costs of the corporation or the New York state housing finance agency or the state medical care facilities finance agency incident to the costs of the acquisition of such real property and the financing of construction, reconstruction, rehabilitation or improvement relating to such facility or facilities, all as provided in the aforesaid lease, sublease or other agreement entered into with such city or county. c. No real property or interest therein shall be acquired by the corporation pursuant to this subdivision unless title thereto shall have been approved by the attorney general. d. The attorney general shall pass upon the form and sufficiency and manner of execution of any deed of conveyance and of any lease of real property authorized to be given under this subdivision by any city or county to the corporation, and any lease, sublease or agreement between the corporation and a city or county, and the same shall not be effective unless such deed, lease, sublease or agreement shall be so approved by him. e. The cost of construction, acquisition, reconstruction, rehabilitation or improvement of community mental health and retardation facilities undertaken by the corporation pursuant to this act may include the cost of acquisition of any real property leased or conveyed to the corporation pursuant to paragraph a of this subdivision six and the cost of the original furnishing, equipment, machinery and apparatus as determined by the corporation. f. The provisions of this act shall not be deemed to prevent a city or county from financing the cost of constructing, acquiring, reconstructing, rehabilitating or improving a community mental health and retardation facility by the issuance of bonds or capital notes of such city or county pursuant to the local finance law. § 9-a. Equal employment opportunity program. 1. All contracts for design, construction, services and materials executed by the corporation pursuant to the provisions of this act, other than contracts the cost of which is borne solely by a municipality or municipalities, and all documents soliciting bids or proposals therefor shall contain or make reference to the following provisions:

(a) The contractor will not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability, or marital status, and will undertake or continue existing programs of affirmative action to ensure that minority group persons and women are afforded equal opportunity without discrimination. Such programs shall include, but not be limited to, recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, termination, rates of pay or other forms of compensation, and selections for training or retraining, including apprenticeship and on-the-job training.

(b) At the request of the corporation, the contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding and which is involved in the performance of the contract with the corporation to furnish a written statement that such employment agency, labor union or representative shall not discriminate because of race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will cooperate in the implementation of the contractor's obligations hereunder.

(c) The contractor will state, in all solicitations or advertisements for employees placed by or on behalf of the contractor in the performance of the contract with the corporation, that all qualified applicants will be afforded equal employment opportunity without discrimination because of race, creed, color, national origin, sex, age, disability or marital status.

(d) The contractor will include the provisions of paragraph (a) through (c) of this subdivision in every subcontract or purchase order in such a manner that such provisions will be binding upon each subcontractor or vendor as to its work in connection with the contract with the corporation. 2. The corporation shall establish procedures and guidelines to ensure that contractors and subcontractors undertake programs of affirmative action and equal employment opportunity as required by this section. Such procedures may require after notice in a bid solicitation, the submission of an affirmative action program prior to the award of any contract, or at any time thereafter, and may require the submission of compliance reports relating to the operation and implementation of any affirmative action program adopted hereunder. The corporation may take appropriate action including contractual sanctions for noncompliance to effectuate the provisions of this section and shall be responsible for monitoring compliance with this act. § 9-b. Minority and women-owned business enterprise program. 1. (a) Minority and women-owned business enterprises shall be given the opportunity for meaningful participation in all contracts executed by the corporation pursuant to the provisions of this act other than contracts the cost of which is borne solely by a municipality or municipalities. The corporation shall establish measures and procedures to secure meaningful participation and identify those contracts and items of work for which minority and women-owned business enterprises may best bid to actively and affirmatively promote and assist their participation in the projects, so as to facilitate the award of a fair share of contracts to such enterprises; provided, however, that nothing in this act shall be construed to limit the ability of the corporation to assure that qualified minority and women-owned business enterprises may participate in the program. For purposes hereof, minority business enterprise shall mean any business enterprise which is at least fifty-one per centum owned by, or in the case of a publicly owned business, at least fifty-one per centum of the stock of which is owned by citizens or permanent resident aliens who are Black, Hispanic, Asian or American Indian, Pacific Islander or Alaskan natives and such ownership interest is real, substantial and continuing and have the authority to independently control the day to day business decisions of the entity for at least one year; and women-owned business enterprise shall mean any business enterprise which is at least fifty-one per centum owned by, or in the case of a publicly owned business, at least fifty-one per centum of the stock of which is owned by citizens or permanent resident aliens who are women, and such ownership interest is real, substantial and continuing and have the authority to independently control the day to day business decisions of the entity for at least one year. The provisions of this paragraph shall not be construed to limit the ability of any minority or women-owned business enterprise to bid on any contract.

(b) In the implementation of this section, the corporation shall consider compliance by any contractor with the requirements of any federal, state, or local law concerning minority and women-owned business enterprises, which may effectuate the requirements of this section. If the corporation determines that by virtue of the imposition of the requirements of any such law, in respect to contracts, the provisions thereof duplicate or conflict with this section, the corporation may waive the applicability of this section to the extent of such duplication or conflict.

(c) Nothing in this section shall be deemed to require that overall state and federal requirements for participation of minority and women-owned business enterprises in programs authorized under this act be applied without regard to local circumstances to all projects or in all communities. 2. In order to implement the requirements and objectives of this section, the corporation shall establish procedures to monitor the contractors' compliance with provisions hereof, provide assistance in obtaining competing qualified minority and women-owned business enterprises to perform contracts proposed to be awarded, and take other appropriate measures to improve the access of minority and women-owned business enterprises to these contracts. § 10. Monies of the corporation relating to health facilities improvement program. Subject to the terms of any agreement between the corporation and the state housing finance agency or the state medical care facilities finance agency, as the case may be, and except as otherwise authorized or provided by section nine of this act, all monies received by the corporation shall be paid to the commissioner of taxation and finance as agent of the corporation who shall not commingle such monies with any other monies. Such monies shall be deposited in a separate bank account or accounts. The monies in such account shall be paid out on checks signed by the commissioner of taxation and finance on requisition of the chairman of the corporation or such other officer or employee or officers or employees as the corporation shall authorize to make such requisitions. All deposits of such monies shall, if required by the commissioner of taxation and finance, the state housing finance agency or the state medical care facilities finance agency, be secured by obligations of the United States or of the state of a market value equal at all times to the amount of the deposit and all banks and trust companies are authorized to give such security for such deposits. Subject to the terms of any agreement between the corporation and the state housing finance agency or the state medical care facilities finance agency, as the case may be, the corporation shall have power to invest any such monies not required for immediate use or disbursement in obligations of the state or the United States government or obligations, the principal and interest of which are guaranteed by the state or the United States government, or invested in accordance with the provisions of section 98-a of the state finance law. § 11. General fiscal requirements relating to the corporation. 1. The chairman of the corporation shall annually, at such time as the governor may request, prepare and submit to the governor and the director of the budget, on behalf of the directors of the corporation, an itemized budget request and any additional information required setting forth financial needs by programs for the administration of the corporation during the next succeeding state fiscal year including information as to the payment or provision for payment of obligations of the corporation expected to be required during such year under the terms of all leases, subleases and agreements expected to be undertaken by the corporation. The governor shall annually submit his recommended budget for the administration of the corporation to the legislature. The legislature shall act on such request and make appropriations for all administrative expenses of the corporation. 2. The comptroller, or his legally authorized representative, is hereby authorized and empowered from time to time to examine the books and accounts of the corporation, including its receipts and disbursements and any other matters relating to its financial standing. Such an examination shall be conducted by the comptroller at least once every five years; the comptroller is authorized, however, to accept from the corporation, in lieu of such examination, an external examination of its books and accounts made at the request of the corporation. § 12. Actions by and against the corporation. 1. The state supreme court shall have exclusive jurisdiction of any action, suit or special proceeding brought by or against or involving the corporation. The venue of any action, suit or special proceeding brought against the corporation shall be laid in the county of Albany. 2. In every action against the corporation for damages, for injuries to real or personal property, or for the destruction thereof, or for personal injuries or death, the complaint shall contain an allegation that at least thirty days have elapsed since the demand, claim or claims upon which such action is founded were presented to a director or officer of the corporation and that the corporation has neglected or refused to make an adjustment or payment thereof for thirty days after such presentment. 3. Except in an action for wrongful death, an action against the corporation for damages for injuries to real or personal property, or for the destruction thereof, or for personal injuries, alleged to have been sustained, shall not be commenced more than one year and ninety days after the cause of action therefor shall have accrued, nor unless a notice of claim shall have been served on the corporation within the time limit established by and in compliance with all requirements of section fifty-e of the general municipal law. An action against the corporation for wrongful death shall be commenced in accordance with the notice of claim and time limitation provisions of title eleven of article nine of the public authorities law. 4. All of the provisions of sections seventeen and nineteen of the public officers law shall apply to the directors, officers and employees of the corporation. § 13. Tax exemption of monies and property of the corporation. The monies and property of the corporation and its operations shall be exempt from taxation. § 14. Cooperation and assistance from other state agencies. 1. The departments of health, mental hygiene and law, the division of the budget, the office of general services, the state housing finance agency, the state medical care facilities finance agency, the state agency designated to implement an act of congress known as the comprehensive health planning and public health services amendments of nineteen hundred sixty-six (Public Law 89-749) and all other state agencies shall cooperate with and assist the corporation in the fulfillment of its corporate purposes and in the exercise of its corporate powers under this act and may render such services to the corporation within their respective functions as the directors of the corporation may reasonably request. 2. Subject to the approval of the office of alcoholism and substance abuse services and to the terms of any lease, sublease or other agreement with the state housing finance agency, the corporation, whether as principal or as agent for the state housing finance agency, is hereby authorized and empowered to provide facilities for the conduct of alcoholism or substance abuse treatment programs by the office of alcoholism and substance abuse services and as may be required by such office in the performance of its duties, powers and functions as specified in article nineteen of the mental hygiene law, including construction, acquisition, reconstruction, rehabilitation, alteration and improvement of buildings, structures and appurtenances, the purchase and installation of furnishings and equipment, the acquisition of property by purchase, lease or transfer, engineering, architectural and consulting services. In the design, construction, acquisition, reconstruction, rehabilitation, alteration and improvement of such facilities the corporation shall be guided by the provisions of this act relating to the design and construction of mental hygiene facilities, provided, however, that subject to the terms of any lease, sublease or other agreement with the state housing finance agency such facilities and the approvals to be given for the design and construction thereof shall be under the professional jurisdiction of the office of alcoholism and substance abuse services and the corporation shall make such facilities available to such office. 3. Notwithstanding the provisions of subdivision five of section nine of this act, the directors of the corporation, subject to the terms of any lease, sublease or other agreement with the state housing finance agency, shall make available to the office of alcoholism and substance abuse services for use as an alcoholism or substance abuse facility any real property or facility under the jurisdiction of the corporation as the office of alcoholism and substance abuse services shall request and the commissioner shall certify is no longer necessary for use in the care, maintenance and treatment of the mentally disabled. Such real property or facility shall continue under the professional jurisdiction of the office of alcoholism and substance abuse services until such office shall certify that such real property or facility is no longer necessary for use as an alcoholism or substance abuse facility, whereupon all of the provisions of subdivision five of section nine of this act shall govern. Responsibility for the maintenance and upkeep of such real property or facility, for the maintenance and routine repair of such real property or facility and for the replacement of furnishings, equipment, apparatus and machinery shall, subject to the terms of any lease, sublease or other agreement with the state housing finance agency, be in the office of alcoholism and substance abuse services so long as such real property or facility is under the professional jurisdiction of such office. A copy of any certificate made pursuant to this subdivision shall be filed with the director of the budget. § 14-a. Special provisions relating to municipal facilities. 1. The corporation is authorized to enter into an agreement with a municipality for the design, construction, reconstruction, rehabilitation and improvement for such municipality of a municipal building or buildings at the sole cost and expense of such municipality. The corporation shall enter into an agreement with a municipality prior to the commencement of any corporation services. No agreement entered into between the facilities development corporation and a municipality pursuant to this section shall be effective until the director of the budget has determined that the total estimated charge to be collected by the corporation from the municipality is fair and reasonable in relationship to the estimated total project cost and also that sufficient provisions exist to insure the collection of such charge by the corporation from the municipality. A municipality, by resolution of its governing body, is hereby authorized to enter into an agreement with the corporation and to provide for the payment to the corporation of all expenses incurred at such time and in such amounts as shall be set forth in the agreement, notwithstanding the provisions of any general, special or local law or of any charter. The agreement shall contain such other terms and conditions as may be agreed upon by the corporation and the municipality. 2. In the design, construction, reconstruction, rehabilitation and improvement of a municipal building or buildings pursuant to an agreement entered into as provided in subdivision one of this section, the corporation shall be governed by the applicable provisions relating to the design and construction of health facilities as set forth in paragraph d of subdivision two of section eight of this act. 3. The corporation shall, by regulation, prescribe a procedure or procedures for the application by a municipality to the corporation for its assistance, and the corporation's procedure or procedures for the design, construction, reconstruction, rehabilitation and improvement of a municipal building or buildings. Any such regulation shall be submitted to the director of the budget for his approval prior to its effectiveness. § 14-b. Special provisions relating to local correctional facilities. 1. The corporation is authorized to enter into an agreement with a municipality providing for the design, construction, reconstruction, rehabilitation and improvement for such municipality of a local correctional facility, as such term is defined in section forty of the correction law, including any place used by a municipality for the detention of persons charged with or convicted of a crime, at the sole cost and expense of such municipality. A municipality, by resolution of its governing body, is hereby authorized to enter into such an agreement with the corporation and to provide for the payment to the corporation of all expenses incurred at such times and in such amounts as shall be set forth in the agreement, notwithstanding the provisions of any general, special or local law or of any charter. The agreement shall contain such other terms and conditions as may be agreed upon by the corporation and the municipality. The corporation shall enter into an agreement with a municipality prior to the commencement of any corporation services. No agreement entered into between the facilities development corporation and a municipality pursuant to this section shall be effective until the director of the budget has determined that the total estimated charge to be collected by the corporation from the municipality is fair and reasonable in relationship to the estimated total project cost and also that sufficient provisions exist to insure the collection of such charge by the corporation from the municipality. The corporation shall by regulation prescribe a procedure or procedures for the application by a municipality to the corporation for its assistance and the corporation's procedure or procedures for the design, construction, reconstruction, rehabilitation and improvement of a local correctional facility. Any such regulation shall be submitted to the director of the budget for his approval prior to its effectiveness. 2. In the design, construction, reconstruction, rehabilitation and improvement of a local correctional facility pursuant to an agreement entered into as provided in subdivision one of this section, the corporation shall be governed by the applicable provisions relating to the design and construction of health facilities as set forth in paragraphs c and d of subdivision two of section eight of this act. § 15. Annual report of directors. The directors of the corporation shall submit to the governor, the state agency designated by him to implement the federal comprehensive health planning and public health services amendments of nineteen hundred sixty-six (Public Law 89-749), the public health council, the mental hygiene council, the commissioners of health and the offices of the department of mental hygiene, the legislature, the chairman of the senate finance committee and the chairman of the assembly ways and means committee, annually on or before October first, a full report of its activities and operations through the thirty-first day of the preceding March, including details as to projects in planning, projects in the process of construction, acquisition, reconstruction, rehabilitation or improvements, and projects completed, the performance record of the directors in completing construction in accordance with the desired completion dates and within the estimated cost recommended by the governor and approved by the legislature, the architects, engineers and other private consultants engaged by the directors of the corporation on a contract basis and a statement of the total amount paid and yet to be paid, or estimated yet to be paid, under each such contract, the letting agency and successful bidder or bidders for each project, the monies made available for the purposes of the corporation, details as to any lease, sublease or agreement executed by the directors of the corporation with the state housing finance agency or the state medical care facilities finance agency, as the case may be, and the annual rentals required to be paid on account thereof, and such other information related to the activities and operation of the corporation as the directors of the corporation may consider pertinent. § 15-a. Payment on corporation public work projects. Notwithstanding the provisions of any other law to the contrary, all contracts for public work awarded by the facilities development corporation pursuant to this chapter shall be in accordance with section one hundred thirty-nine-f of the state finance law. § 16. Separability. If any section, subdivision, paragraph, sentence, clause or provision of this act shall be unconstitutional or be ineffective in whole or in part, to the extent that it is not unconstitutional or ineffective, it shall be valid or effective and no other section, subdivision, paragraph, sentence, clause or provision shall on account thereof be deemed invalid or ineffective. § 17. Inconsistent provisions of other laws superseded. Insofar as the provisions of this article are inconsistent with the provisions of any other law, general or special, the provisions of this act shall be controlling.