N.Y. Public Authorities Law Section 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 State Finance Law § 2 (Definitions)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 § 2806 (Personnel reports by state and local authorities and public benefit corporations)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 § 2896 (Duties of public authorities with respect to the disposal of property)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 Public Officers Law § 87 (Access to agency records)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 Public Officers Law § 87 (Access to agency records)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 State Finance Law § 2 (Definitions)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 § 2806 (Personnel reports by state and local authorities and public benefit corporations)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 § 2896 (Duties of public authorities with respect to the disposal of property)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 Public Officers Law § 87 (Access to agency records)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 § 7 (Reports of the authorities budget office)section seven of this chapter.

Source: Section 2800 — Annual reports by authorities, https://www.­nysenate.­gov/legislation/laws/PBA/2800 (updated Sep. 22, 2014; accessed Jul. 13, 2024).

Accessed:
Jul. 13, 2024

Last modified:
Sep. 22, 2014

§ 2800’s source at nysenate​.gov

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