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SECTION 2800
Annual reports by authorities
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 9, TITLE 1
§ 2800. Annual reports by authorities. 1. State authorities. (a) For
the purpose of furnishing the state with systematic information
regarding the status and the activities of public authorities, every
state authority continued or created by this chapter or any other
chapter of the laws of the state of New York shall submit to the
governor, the chairman and ranking minority member of the senate finance
committee, the chairman and ranking minority member of the assembly ways
and means committee, the state comptroller, and the authorities budget
office, within ninety days after the end of its fiscal year, a complete
and detailed report or reports setting forth: (1) its operations and
accomplishments; (2) its financial reports, including (i) audited
financials in accordance with all applicable regulations and following
generally accepted accounting principles as defined in subdivision ten
of section two of the state finance law, (ii) grant and subsidy
programs, (iii) operating and financial risks, (iv) current ratings, if
any, of its bonds issued by recognized municipal bond rating agencies
and notice of changes in such ratings, and (v) long-term liabilities,
including leases and employee benefit plans; (3) its mission statement
and measurements including its most recent measurement report; (4) a
schedule of its bonds and notes outstanding at the end of its fiscal
year, together with a statement of the amounts redeemed and incurred
during such fiscal year as part of a schedule of debt issuance that
includes the date of issuance, term, amount, interest rate and means of
repayment. Additionally, the debt schedule shall also include all
refinancings, calls, refundings, defeasements and interest rate exchange
or other such agreements, and for any debt issued during the reporting
year, the schedule shall also include a detailed list of costs of
issuance for such debt; (5) a compensation schedule, in addition to the
report described in section twenty-eight hundred six of this title, that
shall include, by position, title and name of the person holding such
position or title, the salary, compensation, allowance and/or benefits
provided to any officer, director or employee in a decision making or
managerial position of such authority whose salary is in excess of one
hundred thousand dollars; (5-a) biographical information, not including
confidential personal information, for all directors and officers and
employees for whom salary reporting is required under subparagraph five
of this paragraph; (6) the projects undertaken by such authority during
the past year; (7) a listing and description, in addition to the report
required by paragraph a of subdivision three of section twenty-eight
hundred ninety-six of this article of all real property of such
authority having an estimated fair market value in excess of fifteen
thousand dollars that the authority acquires or disposes of during such
period. The report shall contain the price received or paid by the
authority and the name of the purchaser or seller for all such property
sold or bought by the authority during such period; (8) such authority's
code of ethics; (9) an assessment of the effectiveness of its internal
control structure and procedures; (10) a copy of the legislation that
forms the statutory basis of the authority; (11) a description of the
authority and its board structure, including (i) names of committees and
committee members, (ii) lists of board meetings and attendance, (iii)
descriptions of major authority units, subsidiaries, and (iv) number of
employees; (12) its charter, if any, and by-laws; (13) a listing of
material changes in operations and programs during the reporting year;
(14) at a minimum a four-year financial plan, including (i) a current
and projected capital budget, and (ii) an operating budget report,
including an actual versus estimated budget, with an analysis and
measurement of financial and operating performance; (15) its board
performance evaluations; provided, however, that such evaluations shall
not be subject to disclosure under article six of the public officers
law; (16) a description of the total amounts of assets, services or both
assets and services bought or sold without competitive bidding,
including (i) the nature of those assets and services, (ii) the names of
the counterparties, and (iii) where the contract price for assets
purchased exceeds fair market value, or where the contract price for
assets sold is less than fair market value, a detailed explanation of
the justification for making the purchase or sale without competitive
bidding, and a certification by the chief executive officer and chief
financial officer of the public authority that they have reviewed the
terms of such purchase or sale and determined that it complies with
applicable law and procurement guidelines; and (17) a description of any
material pending litigation in which the authority is involved as a
party during the reporting year, except that no hospital need disclose
information about pending malpractice claims beyond the existence of
such claims.

(b) Each state authority shall make accessible to the public, via its
official or shared internet web site, documentation pertaining to its
mission, current activities, most recent annual financial reports,
current year budget and its most recent independent audit report unless
such information is covered by subdivision two of section eighty-seven
of the public officers law.

(c) The authorities budget office shall make accessible to the public,
via its official or shared internet web site, documentation pertaining
to each authority's mission, current activities, most recent annual
financial reports, current year budget and its most recent independent
audit report unless such information is covered by subdivision two of
section eighty-seven of the public officers law.

2. Local authorities. (a) Every local authority, continued or created
by this chapter or any other chapter of the laws of the state of New
York shall submit to the chief executive officer, the chief fiscal
officer, the chairperson of the legislative body of the local government
or local governments and the authorities budget office, within ninety
days after the end of its fiscal year, a complete and detailed report or
reports setting forth: (1) its operations and accomplishments; (2) its
financial reports, including (i) audited financials in accordance with
all applicable regulations and following generally accepted accounting
principles as defined in subdivision ten of section two of the state
finance law, (ii) grants and subsidy programs, (iii) operating and
financial risks, (iv) current ratings if any, of its bonds issued by
recognized municipal bond rating agencies and notice of changes in such
ratings, and (v) long-term liabilities, including leases and employee
benefit plans; (3) its mission statement and measurements including its
most recent measurement report; (4) a schedule of its bonds and notes
outstanding at the end of its fiscal year, together with a statement of
the amounts redeemed and incurred during such fiscal year as part of a
schedule of debt issuance that includes the date of issuance, term,
amount, interest rate and means of repayment. Additionally, the debt
schedule shall also include all refinancings, calls, refundings,
defeasements and interest rate exchange or other such agreements, and
for any debt issued during the reporting year, the schedule shall also
include a detailed list of costs of issuance for such debt; (5) a
compensation schedule in addition to the report described in section
twenty-eight hundred six of this title that shall include, by position,
title and name of the person holding such position or title, the salary,
compensation, allowance and/or benefits provided to any officer,
director or employee in a decision making or managerial position of such
authority whose salary is in excess of one hundred thousand dollars;
(5-a) biographical information, not including confidential personal
information, for all directors and officers and employees for whom
salary reporting is required under subparagraph five of this paragraph;
(6) the projects undertaken by such authority during the past year; (7)
a listing and description, in addition to the report required by
paragraph a of subdivision three of section twenty-eight hundred
ninety-six of this article of all real property of such authority having
an estimated fair market value in excess of fifteen thousand dollars
that the authority acquires or disposes of during such period. The
report shall contain the price received or paid by the authority and the
name of the purchaser or seller for all such property sold or bought by
the authority during such period; (8) such authority's code of ethics;
(9) an assessment of the effectiveness of its internal control structure
and procedures; (10) a copy of the legislation that forms the statutory
basis of the authority; (11) a description of the authority and its
board structure, including (i) names of committees and committee
members, (ii) lists of board meetings and attendance, (iii) descriptions
of major authority units, subsidiaries, (iv) number of employees, and
(v) organizational chart; (12) its charter, if any, and by-laws; (13) a
listing of material changes in operations and programs during the
reporting year; (14) at a minimum a four-year financial plan, including
(i) a current and projected capital budget, and (ii) an operating budget
report, including an actual versus estimated budget, with an analysis
and measurement of financial and operating performance; (15) its board
performance evaluations provided, however, that such evaluations shall
not be subject to disclosure under article six of the public officers
law; (16) a description of the total amounts of assets, services or both
assets and services bought or sold without competitive bidding,
including (i) the nature of those assets and services, (ii) the names of
the counterparties, and (iii) where the contract price for assets
purchased exceeds fair market value, or where the contract price for
assets sold is less than fair market value, a detailed explanation of
the justification for making the purchase or sale without competitive
bidding, and a certification by the chief executive officer and chief
financial officer of the public authority that they have reviewed the
terms of such purchase or sale and determined that it complies with
applicable law and procurement guidelines; and (17) a description of any
material pending litigation in which the authority is involved as a
party during the reporting year, except that no provider of medical
services need disclose information about pending malpractice claims
beyond the existence of such claims.

(b) Each local authority shall make accessible to the public, via its
official or shared internet web site, documentation pertaining to its
mission, current activities, most recent annual financial reports,
current year budget and its most recent independent audit report unless
such information is covered by subdivision two of section eighty-seven
of the public officers law.

3. Every financial report submitted under this section shall be
approved by the board and shall be certified in writing by the chief
executive officer and the chief financial officer of such authority that
based on the officer's knowledge (a) the information provided therein is
accurate, correct and does not contain any untrue statement of material
fact; (b) does not omit any material fact which, if omitted, would cause
the financial statements to be misleading in light of the circumstances
under which such statements are made; and (c) fairly presents in all
material respects the financial condition and results of operations of
the authority as of, and for, the periods presented in the financial
statements.

4. The authorities budget office may, upon application of any
authority, waive any requirements of this section upon a showing that
the authority meets the criteria for such a waiver established by
regulations of the authorities budget office. Such regulations shall
provide for consideration of: (a) the number of employees of the
authority; (b) the annual budget of the authority; (c) the ability of
the authority to prepare the required reports using existing staff; and
(d) such other factors as the authorities budget office deems to reflect
the relevance of the required disclosures to evaluation of an
authority's effective operation, and the burden such disclosures place
on an authority. Each waiver granted pursuant to this subdivision shall
be disclosed in the reports of such office issued pursuant to section
seven of this chapter.