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point; thence continuing southerly at an interior angle of 175° 48' 28" 49. 74 feet to a point; othence northwesterly at an interior angle of 458 26' 32",, 62. 02 feet to a point; thence westerly at an exterior angle of 1200 33

20", 1.04 feet' to the point or place of beginning, containing 1. 68 acres of land more or less.

§ 3. The lands to be conveyed to the town of Hamburg are described as follows: ALL

THAT TRACT OR PARCEL OF LAND situate in the Town of Hamburg, County of Erie and State of New York being part of Lot 47, Township Range 8 of the Holland Land Company's survey and being more particularly described as follows:

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Beginning at a point in the southeast corner of Liber 5310, page 368, point also being 1,304.11 feet east of the west line of Lot 47, thence westerly along south line of Liber 5310, Page 368, 116. 05 feet to a point; thence northwesterly at an interior angle of 1140-33-57", 52.03 feet to a point; thence continuing northwesterly at an exterior angle of 1850-47-52", 23.64 feet to a point;, thence continuing northwesterly at

exterior angle of 1850-47-52", 65.35 feet to a point; thence continuing northwesterly at an exterior'angle of 1880-31-04", 65. 35 feet to a point thence northerly at an exterior angle of 1880-07'-49", 59.41 feet to a point; thence continuing northerly at exterior angle of 1910-08-32", 9,97 feet to a point; thence northwesterly at an exterior angle of 1348-33 -28", 62.02 feet to a point; thence westerly at an terior angle of 1200-37° -20", 1.04 feet' to the northeast corner of Liber 5800, Page 201-202; thence northeasterly at an interior angle of 390-53-38" 289.87 feet to a point in the easterly line of Liber 5310, Page 368; thence southerly along the east line of Liber 5310, Page 368, at interior angle of 46°-38'-01", 506. 15 feet to the point or placé of beginning, containing 1. 66 acres of land more or less.

This act shall take effect immediately.

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§ 4.

CHAPTER 396

AN ACT to amend the New York state medical care facilities finance

agency act, in relation to increasing the amount of special hospital project bonds authorized to be issued on behalf of eligible secured hospital borrowers to assist in providing adequate health care to low income persons Became a law July 17, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assenbly, do enact as follows:

Section 1. Subdivision 5 of section 7-a of section 1 of chapter 392 of the laws of 1973, constituting the New York state medical care facilities finance agency act, as amended by chapter 475 of the laws of 1990, is amended to read as follows:

5. The agency shall not issue special hospital project bonds in an ag", gregate principal amount exceeding one billion [twenty-five] six hundred ten million two hundred fifty thousand dollars, excluding special hospital project bonds issued to refund outstanding special hospital project bonds issued for such purposes; provided, however, that upon any such refunding or repayment the total aggregate principal amount of outstanding bonds, notes or other obligations may be greater than one billion [twenty-five) six hundred ten million two hundred fifty thousand dollars only if the present value of the aggregate debt service of the refunding or repayment bonds, notes or other obligations to be issued shall not exceed

the present value of the aggregate debt service of the bonds, notes or other obligations so to be refunded

or

repaid. For purposes hereof, the present values of the aggregate debt service of the refunding or repayment bonds, potes or other obligations and of the aggregate debt service of the bonds, notes or other obligations so refunded or repaid, shall be calculated by utilizing the effective interest rate

of

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the refunding or repayment bonds, notes or other obligations, 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, or repayment bonds, notes or other obligations from the payment dates thereof to the date of issue of the refunding or repayment bonds, notes or other obligations and to the price bid including estimated accrued interest or proceeds received by the agency including estimated accrued interest from the sale thereof.

§ 2. This act shall take effect immediately provided, however, that the amendments made by this act to provisions of the New York state medical care facilities finance agency act shall not affect their expiration pursuant to section 12 of chapter 934 of the laws of 1985, amended, and shall be deemed to expire therewith.

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CHAPTER 397

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AN ACT to amend the public authorities law, in relation to and for the
purpose of enabling the dormitory authority to construct and finance
dormitories, including all necessary and usual attendant and related
facilities for the National Sports Academy
Became a law July 17, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present.
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:

Section 1. Paragraph (b) of subdivision 2 of section 1676 of the public authorities law is amended by adding a new undesignated subparagraph to read as follows:

The National Sports Academy at Lake Placid, for the financing, refinancing, reimbursement and development of dormitory for students residing at the academy and an academic facility.

§ 2. Subdivision 1 of section 1680 of the public authorities law is
amended by adding a new undesignated paragraph to read as follows:

The National Sports Academy at Lake Placid, for the financing, refi-
mancing, reimbursement and development of & dormitory for students
residing at the academy and an academic facility.
§ 3. Any contracts for design, construction, services and materials
entered into by the dormitory authority pursuant to this chapter shall
be deemed state contracts within the meaning of that term as set forth
in article 15-A of the executive law, and the authority shall be deemed,
for the purposes of this chapter, a contracting agency as that term is
used in article 15-A of the executive law.
§ 4. This act shall take effect immediately.

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CHAPTER 398

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AN ACT authorizing the town of Webb, Herkimer county, to discontinue the

use of certain park lands and to sell, lease or convey same Became a law July 17, 1992, with the approval of the Governor. Passed on Home Rule request pursuant to Article IX, section 2(b) (2) of the Constitution by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The Town of Webb, Herkimer County, acting through its Town Board is hereby authorized and' empowered to discontinue the use of the hereinafter described lands, heretofore acquired for town park purposes EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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and no longer used or useful for such purposes, and to sell, lease convey an interest in such lands or portions of such lands after a public hearing, but without submission to a referendum vote it being in the best interest of the Town of Webb to use such lands for the site of a solid waste transfer station.

§ 2. The lands or portions of such lands to be sold and/or conveyed subject to an agreement to the provisions of this act are situate in the Town of Webb, County of Herkimer and described as follows:

ALL THAT CERTAIN PIECE OR PARCEL OF LAND beginning at a point on the south side of the McCauley Mountain Road, approximately 1,800 feet westerly from the existing Ski Center Maintenance Barn, thence westerly along the southerly line of the McCauley Road approximately 650 feet to a point, thence southerly approximately 650 feet to a point, thence easterly approximately 650 feet, and running parallel to the road to point, thence northerly approximately 650 feet to the point of beginning, and containing approximately 10 acres.

The aforementioned property is wholly situated within the approximate 1,110 acre parcel of land known as the McCauley Mountain Tract.

Subject to all rights of way, easements,, agreements, etc. of record.

§ 3. For the purpose of this act, the sales, leases or agreements authorized hereby may be public or private and the Town of Webb is hereby authorized, acting through its Town Board, to grant, lease and/or convey an interest in such land or such portions of such land to the person, persons or governmental agency purchasing, leasing or acquiring an interest in such land or lands for fair and adequate consideration and upon such terms and conditions as the Board may deem proper and for the best interests of such Town, subject to a written agreement with the Oneida-Herkimer Solid Waste Authority. In consideration of the discontinuance of such lands for park purposes, the Town of Webb shall appropriate a sum equal to the fair market value of such lands used for the solid waste transfer station to be used for the improvement of existing park and recreational facilities.

S 4. The Town of Webb, acting through its Town Board, is further authorized and empowered to deliver such deed or deeds of conveyance or lease or leases or other agreement as may be necessary to effectuate the transfer of the right, title and interest of such Town in such lands provided by this act.

§ 5. This act shall take effect immediately.

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CHAPTER 399

AN ACT to amend the private housing finance law, in relation to

neighborhood and rural preservation contracts
Became a law July 17, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present.
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:

Section 1. Subdivision 4 of section 903 of the private housing finance law, as amended by chapter 668 of the laws of 1985, is amended

to read as follows:

4. Contracts entered into hereunder with neighborhood preservation companies shall be limited in duration to periods of one year, but may thereafter be renewed, extended or succeeded by, new contracts from year to year in the discretion of the commissioner; they shall be limited amount to the sum of one hundred thousand dollars in a single year and to the aggregatę sum of [six hundred fifty, thousand] one million three hundred thousand dollars for a single neighborhood preservation company, provided that in any year in which the aggregate sum of three hundred thousand dollars shall have been reached and all succeeding years, the annual contract amount shall be subject to a limit of sixty-five thousand dollars per year; they shall define with particularity the neighborhood or portion thereof within which the neighborhood preserva

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tion activities shall be performed; they shall specify the nature of the neighborhood preservation activities which shall be performed including the approximate number of buildings, residential dwelling units and local retail and service establishments which shall be affected; they shall locate and describe, with as much particularity as is reasonably possible, the buildings with respect to which such activities shall be performed during the contract term; and they shall specify the number of persons, salaries or rates of compensation and a description of duties of those who shall be engaged by the neighborhood preservation company to perform the activities embraced by the contract

together with schedule of other anticipated expenses.

§ 2. Section 903 of the private housing finance law is amended by adding two new subdivisions 6 and 7 to read as follows:

6. Prior to terminating, not renewing or not extending a contract the division shall:

(a) determine that the company is in violation of the terms and conditions of the contract or that funds provided pursuant to the contract are being expended in a manner not consistent with the terms of the contract or the provisions of this article; or

(6) determine that necessary and appropriate technical assistance has been provided without significant improvement in the activities of the company; and

(6) provide the company with written notice, at least ninety days in advance, of its intent to terminate, not renew or not extend the tract and provide the company with an opportunity to appear and be heard before the division with respect to the reasons for such proposed termination, non-renewal or non-extension.

7. The division shall establish, for renewal of contracts, a procedure which provides the company with at

least ninety days notice of the company's obligations and rights in that process, informs the company of the amount of the renewal contract, and facilitates the timely execution of the contract and disbursement of funds. $ 3. Section 905 of the private housing finance law,, as added by chapter 852 of the laws of 1975, is amended to read as follows:

$ 905. Periodic review of contract performance; renegotiation and termination of contract. 1. The division shall, by regulation as hereinafter provided, provide for [the, review, at periodic intervals, which shall as far as possible be coincidental with payment periods, , of the performance of the neighborhood preservation companies under their respective contracts with the commissioner. Such reviews

shall, among other things, be for the purposes of ascertaining the quality and quantity of the neighborhood preservation activities performed, the conformity thereof to contract provisions and the financial integrity and efficiency of the neighborhood preservation company. Contracts may

be terminated by the commissioner upon

finding of substantial nonperformance or other breach by the neighborhood preservation company, and contracts shall be modified and renegotiated, from time to time, in the light of actual performance, new or changed conditions, otherwise) formal evaluation of the performance of a company to determine its progress in achieving the objectives outlined in the annual neighborhood preservation plan contained in its contract with the division. Such evaluation shall include a review of the efforts of the company to execute each of the components of its plan and a consultation between the company and the division regarding the findings of the division relative to performance. The division shall provide or cause to be provided technical assistance determined to be necessary by the division to improve the ability of the company

to execute each of the components of its plan. Such evaluation and determination of the need for technical şistance shall consider the financial and staff resources of the company for the period evaluated and any special considerations which

may have bad an impact on performance during the period.

2. If the division determines that a company has not made sufficient progress toward achieving the objectives of its annual neighborhood preservation plan the division shall conduct a site visit to review these findings and, if warranted, shall place the company on probation.

3. The division shall terminate or not renew or not extend a contract in accordance with provisions of subdivision şix of section nine hundred three of this article if the commissioner determines that the perforEXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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mance of a company is not sufficient to merit continued participation in the program.

4. Notwithstanding the foregoing, the commissioner may terminate any contract upon a finding of substantial non-compliance or other substantial breach of the contract.

§ 4. Section 907 of the private housing finance law, as amended by chapter 668_of the laws of 1985, is amended to read as follows:

§ 907. Rules and regulations to be promulgated by the commissioner. The commissioner shall issue and promulgate rules regulations for the administration of this article, which rules and regulations shall include provisions concerning requirements as to eligibility for contracting with the commissioner; the form of applications for contracts; supervision and evaluation of neighborhood preservation companies including standards and performance criteria for continued, increased or decreased funding to insure the companies meet the objectives of this article and the objectives outlined in their neighborhood preservation plans; reporting, budgeting and record keeping requirements; provisions for renegotiation, modification, termination, extension and renewal of contracts, which provisions shall include the bases for funding increases from the preceding contract including, but not be limited to, performance which exceeds minimum performance criteria and provisions for probationary periods where appropriate; provisions for technical services and assistance to neighborhood preservation companies within the limits of available funding; protection of the interests of tenants in buildings owned or managed by neighborhood preservation companies; and such other matters not inconsistent with the purposes and provisions of this article as the commissioner shall deem necessary, proper appropriate. Such rules and regulations shall prohibit any neighborhood preservation company receiving funds under contracts entered into pursuant to this article (i) from engaging in any activities promoting any political candidate or party or (ii) from expending any such funds in activities the purpose of which is to influence legislation.

§ 5. Subdivision 3 of section 1002 of the private housing finance law, as added by chapter 347 of the laws of 1980, is amended to read follows: 3. "Rural

of the state" shall mean cities, towns and villages having a population of less than [twenty] twenty-five thousand.

§ 6. Subdivision 4 of section 1003 of the private housing finance law, as amended by chapter 668 of the laws of 1985, is amended to read follows:

4. Contracts pursuant to this section shall be for a period of no more than one year, but may be renewed or extended from year to year,

and shall provide for payment by the division of no more than one hundred thousand dollars per year and shall be limited to the aggregate sum of [six hundred fifty] one million three hundred thousand dollars for a single corporation, provided that in any year in which the aggregate sum of three hundred thousand dollars shall have been reached and all succeeding years, the annual contract amount shall be subject to a limit of sixty-five thousand dollars per year; they shall define with particularity the region or portion thereof within which the housing preserva, tion and community renewal activities shall be performed; they shall specify the nature of the housing preservation and community renewal activities which shall be performed including the approximate number of buildings, residential dwelling units and local retail and service tablishments which shall be affected; they shall locate and describe, with as much particularity as is reasonably possible, the buildings with respect to which such activities shall be performed during the contract term; and they shall specify the number of persons, salaries or rates of compensation and a description of duties of those who shall be engaged by the corporation to perform the activities embraced by the contract

§ 7. Subdivision 6 of section 1003 of the private housing finance law is renumbered subdivision 5 and two new subdivisions 6 and 7 are added to read as follows:

6. Prior to terminating, not renewing or not extending a contract the division shall:

(a) determine that the corporation is in violation of the terms and conditions of the contract or that funds provided pursuant to the contract

are being expended in a manner not consistent with the terms of the contract or the provisions of this article; or

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