NY Pub Auth L § 3667 (2021)
2021 New York Laws PBA - Public Authorities Article 10-D - Miscellaneous Authorities Title 1 - Nassau County Interim Finance Authority 3667 - County Financial Plans.

§ 3667. County financial plans.  1. The county executive shall prepare and  submit  to  the authority a four-year financial plan, initially for the fiscal years ending December thirty-first, two thousand one  through two thousand four, together with the proposed budget for the fiscal year ending  on  December  thirty-first, two thousand one, not later than the date required for submission of such budget to the legislature  pursuant to  the  county  charter.  Such financial plan shall, in addition to the requirements for financial plans set forth in subdivisions two and three of this section, contain actions sufficient to ensure  with  respect  to the  major  operating funds for each fiscal year of the plan that annual aggregate operating expenses for  such  fiscal  year  shall  not  exceed annual  aggregate  operating revenues for such fiscal year. For purposes of determining operating revenues in the fiscal  years  ending  December thirty-first, two thousand one through two thousand seven, such plan may assume  (a)  borrowings  by  the  county or the authority to finance tax certiorari judgments or settlements in annual amounts not exceeding  one hundred  million  dollars, or, in the aggregate for all such years, four hundred million dollars; however, of said four hundred million  dollars, no more than fifteen million dollars may be counted as operating revenue in the fiscal year two thousand six and no more than ten million dollars may  be  counted as operating revenue in fiscal year two thousand seven, and (b) receipt by the county of NCIFA assistance and transitional state aid in the following collective amounts for each respective fiscal year:                          Amount              Fiscal Year                          2001 amount         2001                          2002 amount         2002                          2003 amount         2003                          2004 amount         2004. The one hundred million dollars annual limit on assumed  tax  certiorari borrowings  may  be  waived by the authority respecting any fiscal year, upon its determination that the results of any increased and accelerated settlement or litigation efforts by the county justify such waiver.   As used in this subdivision:   "2001 amount" means  that  amount  expected  to  be  provided  by  the authority  to  ensure  balanced major operating fund operations upon its determination that the county  has  taken  recurring  actions  to  close between  thirty-five  per centum (35%) and forty per centum (40%) of the projected gap.   "2002 amount" means  that  amount  expected  to  be  provided  by  the authority  to  ensure  balanced major operating fund operations upon its determination that the county  has  taken  recurring  actions  to  close between  forty-five  per  centum (45%) and fifty per centum (50%) of the projected gap.   "2003 amount" means  that  amount  expected  to  be  provided  by  the authority  to  ensure  balanced major operating fund operations upon its determination that the county  has  taken  recurring  actions  to  close between  sixty  per  centum (60%) and sixty-five per centum (65%) of the projected gap.   "2004 amount" means  that  amount  expected  to  be  provided  by  the authority  to  ensure  balanced major operating fund operations upon its determination that the county  has  taken  recurring  actions  to  close between  eighty per centum (80%) and eighty-five per centum (85%) of the projected gap.   2. Pursuant to the procedures contained in this subdivision, each year during the interim finance period or during a control period the  county shall  develop,  and  may  from time to time modify, taking into account recommendations of the authority, a four year  financial  plan  covering the  county  and the covered organizations. Each such financial plan and  financial  plan  modification  shall  conform  to  the  requirements  of paragraph  (a)  of  this  subdivision  and  shall provide that the major operating funds of the  county  will  be  balanced  in  accordance  with generally  accepted  accounting  principles. The financial plan shall be developed and approved, and may  from  time  to  time  be  modified,  in accordance with the following procedures:  (a) The county executive shall prepare and submit to the authority and the  legislature  a revised financial plan to the authority covering the four year period beginning with the ensuing fiscal year,  together  with the proposed budget for the ensuing fiscal year, not later than the date required  for  submission of such budget pursuant to the county charter. On such dates, the county executive shall also submit to the authority a certificate stating that such budget is consistent  with  the  financial plan  submitted  therewith  and  that  operation  within  the  budget is feasible.  (b) Not more than twenty days after submission of a financial plan  or more   than   fifteen   days   after  submission  of  a  financial  plan modification, the authority shall determine whether the  financial  plan or  financial  plan  modification  is  complete  and  complies  with the provisions of section thirty-six hundred sixty-six and this section  and the   other   requirements   of   this   title,  and  shall  submit  its recommendations with respect to the financial  plan  or  financial  plan modification in accordance with the provisions of this subdivision.  (c) Upon the approval by the county of a budget in accordance with the provisions  of  the county charter and approval of the financial plan by the legislature, the county executive shall submit such approved  budget and  financial plan to the authority accompanied by expenditure, revenue and cash flow projections on  a  quarterly  basis  and  certify  to  the authority  that  such budget is consistent with the financial plan to be submitted to the authority.  (d) If the authority determines that the financial plan  or  financial plan  modification  provided  pursuant  to paragraphs (c) or (f) of this subdivision is complete and complies with the  standards  set  forth  in this subdivision, the authority shall make a certification to the county setting forth revenue estimates agreed to by the authority in accordance with such determination.  (e)  The  authority  shall, in the event it disagrees with elements of the financial plan provided pursuant to paragraphs (c) or  (f)  of  this subdivision,  provide  notice  thereof  to  the  county  executive,  the legislature and the comptroller, with copies  to  the  director  of  the budget,  the state comptroller, the chair of the assembly ways and means committee and the chair of the senate  finance  committee,  if,  in  the judgment of the authority, such plan:  (i) is incomplete;  (ii)  fails  to  contain projections of revenues and expenditures that are based on reasonable  and  appropriate  assumptions  and  methods  of estimation;  (iii)  fails  to provide that operations of the county and the covered organizations will be conducted  within  the  cash  resources  available according to the authority's revenue estimates; or  (iv)  fails  to  comply  with  the  provisions  of this title or other requirements of law.  (f) After the initial adoption of  an  approved  financial  plan,  the revenue  estimates  certified  by  the  authority and the financial plan shall be regularly reexamined by the authority in consultation with  the county  and  the  covered  organizations  and the county executive shall provide a modified financial plan in such detail and  within  such  time periods as the authority may require. In the event of reductions in such  revenue  estimates, or in the event the county or a covered organization shall expend funds at a rate that would exceed the aggregate expenditure limitation  for  the  county  or  covered  organization  prior  to   the expiration  of  the  fiscal  year,  the  county executive shall submit a financial plan  modification  to  effect  such  adjustments  in  revenue estimates  and  reductions  in total expenditures as may be necessary to conform to such  revised  revenue  estimates  or  aggregate  expenditure limitations.  (g)  If,  within  a time period specified by the authority, the county fails to make such modifications after reductions in revenue  estimates, or  to  provide  a  modified  plan in detail and within such time period required by the authority, the authority shall  adopt  a  resolution  so finding.  (h) The county shall amend its budget or shall submit a financial plan modification  for  the  approval of the authority such that the county's budget and the approved financial plan shall be consistent. In no  event shall  the  county  operate  under a budget that is inconsistent with an approved financial plan.   3. The financial plan shall be in such form  and  shall  contain  such information  for  each year during which the financial plan is in effect as the authority may specify, and shall include the county and  all  the covered  organizations,  and shall, in such detail as the authority from time to time may prescribe, include  (a)  statements  of  all  estimated revenues and of all expenditures and cash flow projections of the county and  each  of  the  covered organizations, (b) a report on the status of efforts to reform and streamline the tax certiorari claims  process  and eliminate  the need in each year of the plan for the county to borrow to finance such  claims  or  judgments,  including  an  accounting  of  the expenditure  of any transitional state aid for such purposes, and (c) an accounting of the expenditure of any remaining  transitional  state  aid available to the county for each year of the plan.   4.  The  financial  plan  shall  include  any  information  which  the authority may request to satisfy itself that  (a)  projected  employment levels,  collective  bargaining agreements and other actions relating to employee costs, capital construction  and  such  other  matters  as  the authority  may  specify are consistent with the provisions made for such obligations in the financial  plan,  (b)  the  county  and  the  covered organizations  are  taking  whatever action is necessary with respect to programs mandated by state and federal law to ensure  that  expenditures for  such programs are limited to and covered by the expenditures stated in the financial plan, (c) adequate reserves are  provided  to  maintain essential  programs  in  the  event  revenues have been overestimated or expenditures underestimated for any  period,  and  (d)  the  county  has adequate  cash resources to meet its obligations. In addition, except to the extent such reporting  requirements  may  be  modified  pursuant  to agreement  between  the  authority  and the county, for each fiscal year occurring during the  interim  finance  period  or  while  bonds  issued pursuant  to  this  title  are  outstanding,  the county executive shall prepare a quarterly report of summarized budget data  depicting  overall trends  of actual revenues and budget expenditures for the entire budget rather than individual  line  items  and  updated  quarterly  cash  flow projections  of  receipts  and disbursements. Such reports shall compare revenue estimates and appropriations as set forth in such budget and  in the  quarterly  revenue  and expenditure projections submitted therewith with the actual revenues and expenditures made  to  date.  Such  reports shall  also compare actual receipts and disbursements with the estimates contained in the cash flow  projections,  together  with  variances  and their  explanation.  All  quarterly  reports  shall  be  accompanied  by  recommendations from the county executive  to  the  legislature  setting forth  any  remedial  action necessary to resolve any unfavorable budget variance   including   the   overestimation   of   revenues   and    the underestimation  of  appropriations.    These reports shall be completed within thirty days after the end of each quarter and shall be  submitted to  the  legislature,  the authority, the director of the budget and the state comptroller. Except during a control period, for each fiscal  year occurring  during  the  interim  finance  period  or  while bonds issued pursuant to this title  are  outstanding,  the  county  executive  shall submit a proposed budget or revision thereto to the authority concurrent with  submission to the legislature, and shall submit the adopted budget to the authority immediately upon its adoption.   5. For each financial plan  and  financial  plan  modification  to  be prepared and submitted by the county executive to the authority pursuant to  the  provisions  of  this  section,  the covered organizations shall submit to the county such information with respect  to  their  projected expenditures,  revenues  and cash flows for each of the years covered by such financial plan  or  modification  as  the  county  executive  shall determine.  Notwithstanding  any  other  provision  of  law limiting the authority of the county with respect to any  covered  organization,  the county,  in  the  preparation  and  submission of the financial plan and modifications thereof, shall (except  for  debt  service  or  for  other expenditures  to  the extent that such expenditures are required by law) have the power to determine the aggregate expenditures to  be  allocated to  any covered organization in the financial plan and any modifications thereto.   6. The authority and the county shall confer concerning the  projected effect on the budgets of the county and the covered organizations of any change  in  generally  accepted  accounting principles, or change in the application of generally accepted accounting principles  to  the  county and  the  covered  organizations,  made  or  to be implemented after the effective date of this title. If the authority determines that immediate compliance with such change will have a material effect on such  budgets over  a  time  period  insufficient  to accommodate the effect without a substantial adverse impact on the delivery of essential services by  the county,  the authority may authorize and approve a method of phasing the requirements of such change  into  such  budgets  over  such  reasonably expeditious time period as the authority deems appropriate.