2023 New York Laws › PBA - Public Authorities › Article 9 - General Provisions › Title 1 - Reports by Public Authorities › 2800 - Annual Reports by Authorities.

§  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.