S. 12 2 A. 12
Section 1. Legislative findings. The legislature finds that chapter
766 of the laws of 2005 was the beginning of the process to reform the
way public authorities conduct business in New York state. However, the
fundamental problems of transparency, accountability, the responsibil-
ities and functions of board members and oversight have not been
addressed, leading to a lack of public trust in these institutions. The
creation of an independent authorities budget office is necessary to
provide oversight of the operations and finances of public authorities
in real time and to inform the legislature and executive on issues
relating to debt, compensation of board members, the role minority- and
women-owned businesses play in the procurement process, the disposition
of property and the governance of authorities. Public authorities should
be required to publish, in real time, their finances, policies, plans
and decisions. Real-time review by the public, the legislature, the
executive and the authorities budget office will facilitate the
prevention of problems, not just their explanation after they have aris-
en.
S 2. Section 2 of the public authorities law is amended by adding a
new subdivision 6 to read as follows:
6. "AUTHORITIES BUDGET OFFICE" SHALL MEAN THE ENTITY ESTABLISHED
PURSUANT TO SECTION FOUR OF THIS ARTICLE.
S 3. Subdivision 5 of section 2 of the public authorities law, as
added by chapter 766 of the laws of 2005, is amended to read as follows:
5. "subsidiary" shall not include, for the purposes of this chapter,
corporations that have been certified by the parent corporation to the
[entity created pursuant to section twenty-seven of the chapter of the
laws of two thousand five which added this section] AUTHORITIES BUDGET
OFFICE as being inactive for the past twelve months, having an identical
board of its parent corporation, or not having separate and independent
operational control. Provided, however, the parent corporation, in
response to any request, shall address any provision or provisions of
this chapter.
S 4. Sections 1 and 2 of article 1 of the public authorities law are
designated title 1 and a new title heading is added to read as follows:
SHORT TITLE; DEFINITIONS
S 5. Article 1 of the public authorities law is amended by adding a
new title 2 to read as follows:
TITLE 2
AUTHORITIES BUDGET OFFICE
SECTION 4. ESTABLISHMENT OF THE INDEPENDENT AUTHORITIES BUDGET OFFICE.
5. DIRECTOR OF THE AUTHORITIES BUDGET OFFICE.
6. POWERS AND DUTIES OF THE AUTHORITIES BUDGET OFFICE.
7. REPORTS OF THE AUTHORITIES BUDGET OFFICE.
S 4. ESTABLISHMENT OF THE INDEPENDENT AUTHORITIES BUDGET OFFICE. THERE
IS HEREBY ESTABLISHED THE INDEPENDENT AUTHORITIES BUDGET OFFICE AS AN
INDEPENDENT ENTITY WITHIN THE DEPARTMENT OF STATE, WHICH SHALL HAVE AND
EXERCISE THE POWERS AND DUTIES PROVIDED BY THIS TITLE.
S 5. DIRECTOR OF THE AUTHORITIES BUDGET OFFICE. THE DIRECTOR OF THE
AUTHORITIES BUDGET OFFICE SHALL BE APPOINTED BY THE GOVERNOR, UPON THE
ADVICE AND CONSENT OF THE SENATE. THE DIRECTOR SHALL HOLD OFFICE FOR A
TERM OF FOUR YEARS BEGINNING ON THE DATE OF CONFIRMATION. THE SALARY OF
THE DIRECTOR SHALL BE ESTABLISHED BY THE GOVERNOR WITHIN THE LIMIT OF
FUNDS AVAILABLE THEREFOR; PROVIDED, HOWEVER, SUCH SALARY SHALL BE NO
LESS THAN THE SALARIES OF CERTAIN STATE OFFICERS HOLDING THE POSITIONS
INDICATED IN PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION ONE HUNDRED
S. 12 3 A. 12
SIXTY-NINE OF THE EXECUTIVE LAW. THE DIRECTOR MAY BE REMOVED BY THE
GOVERNOR ONLY AFTER NOTICE AND OPPORTUNITY TO BE HEARD, AND ONLY FOR:
1. PERMANENT DISABILITY;
2. INEFFICIENCY;
3. NEGLECT OF DUTY;
4. MALFEASANCE;
5. A FELONY OR CONDUCT INVOLVING MORAL TURPITUDE; OR
6. BREACH OF FIDUCIARY DUTY.
S 6. POWERS AND DUTIES OF THE AUTHORITIES BUDGET OFFICE. 1. THE
AUTHORITIES BUDGET OFFICE SHALL:
(A) CONDUCT REVIEWS AND ANALYSIS OF THE OPERATIONS, PRACTICES AND
REPORTS OF STATE AND LOCAL AUTHORITIES TO ASSESS COMPLIANCE WITH THE
PROVISIONS OF THIS CHAPTER AND OTHER APPLICABLE PROVISIONS OF LAW;
(B) MAINTAIN A COMPREHENSIVE INVENTORY OF STATE AND LOCAL AUTHORITIES
AND SUBSIDIARIES AND THE ANNUAL REPORTS OF SUCH STATE AND LOCAL AUTHORI-
TIES AS DEFINED IN SECTION TWENTY-EIGHT HUNDRED OF THIS CHAPTER;
(C) VERIFY THE EXISTENCE OF ALL AUTHORITIES LISTED IN STATE LAW;
(D) REVIEW THE POTENTIAL FOR CONSOLIDATION OR NAME CHANGE OF CERTAIN
AUTHORITIES;
(E) ASSIST STATE AND LOCAL AUTHORITIES IN IMPROVING MANAGEMENT PRAC-
TICES AND THE PROCEDURES BY WHICH THE ACTIVITIES AND FINANCIAL PRACTICES
OF STATE AND LOCAL AUTHORITIES ARE DISCLOSED TO THE PUBLIC;
(F) MAKE RECOMMENDATIONS TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF
THE SENATE, THE SPEAKER OF THE ASSEMBLY AND THE CHAIRS AND RANKING
MINORITY MEMBERS OF THE FOLLOWING COMMITTEES: THE SENATE FINANCE COMMIT-
TEE, THE ASSEMBLY WAYS AND MEANS COMMITTEE, THE SENATE COMMITTEE ON
CORPORATIONS, AUTHORITIES AND COMMISSIONS AND THE ASSEMBLY COMMITTEE ON
CORPORATIONS, AUTHORITIES AND COMMISSIONS AND AUTHORITY BOARD MEMBERS
CONCERNING OPPORTUNITIES TO IMPROVE THE PERFORMANCE, REPORTING, REFORMA-
TION, STRUCTURE AND OVERSIGHT OF STATE AND LOCAL AUTHORITIES;
(G) PROVIDE SUCH ADDITIONAL INFORMATION AND ANALYSIS AS MAY BE REASON-
ABLY REQUESTED BY THE LEGISLATURE AND STATE COMPTROLLER;
(H) PROMULGATE REGULATIONS TO EFFECTUATE THE PURPOSES OF THIS TITLE
AND TITLE ONE OF THIS ARTICLE, AND ARTICLE NINE OF THIS CHAPTER, RELAT-
ING TO THE STATUTORY RESPONSIBILITIES OF THE AUTHORITIES BUDGET OFFICE;
(I) DEVELOP AND ISSUE, AFTER CONSULTATION WITH THE OFFICE OF THE
ATTORNEY GENERAL, A WRITTEN ACKNOWLEDGEMENT THAT A BOARD MEMBER MUST
EXECUTE AT THE TIME THAT THE MEMBER TAKES AND SUBSCRIBES THEIR OATH OF
OFFICE, OR WITHIN SIXTY DAYS AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH
IF THE MEMBER HAS ALREADY TAKEN AND SUBSCRIBED HIS OR HER OATH OF
OFFICE, IN ACCORDANCE WITH SUBDIVISION ONE OF SECTION TWENTY-EIGHT
HUNDRED TWENTY-FOUR OF THIS CHAPTER;
(J) DEVELOP A COMPREHENSIVE DEFINITION OF PUBLIC AUTHORITIES INCLUDING
A CONSOLIDATED LISTING BY CLASS AND NAME;
(K) STANDARDIZE CONTENT AND FORMAT OF STATE AND LOCAL AUTHORITY ANNUAL
REPORTS;
(L) ASSESS INDIVIDUAL AUTHORITIES AND BASED UPON THEIR ABILITY AND
RESOURCES, SET A DATE BY WHICH CHANGES MADE PURSUANT TO THIS TITLE SHALL
BE IMPLEMENTED;
(M) ISSUE RECOMMENDATIONS TO THE LEGISLATURE AND GOVERNOR ON SETTING
DEBT LIMITATIONS FOR AUTHORITIES WITHOUT STATUTORILY REQUIRED DEBT
LIMITS;
(N) MAKE RECOMMENDATIONS TO THE LEGISLATURE AND GOVERNOR WITH RESPECT
TO OPTIONS FOR, AND WHETHER THERE SHOULD BE, COMPENSATION FOR BOARDS OF
DIRECTORS; AND
S. 12 4 A. 12
(O) REVIEW THE POTENTIAL FOR AND MAKE RECOMMENDATIONS TO THE LEGISLA-
TURE AND GOVERNOR REGARDING CHANGE IN THE TERMS OF OFFICE OF PUBLIC
AUTHORITIES BOARD MEMBERS.
2. THE AUTHORITIES BUDGET OFFICE SHALL HAVE THE AUTHORITY TO:
(A) REQUEST AND RECEIVE FROM ANY STATE OR LOCAL AUTHORITY, AGENCY,
DEPARTMENT OR DIVISION OF THE STATE OR POLITICAL SUBDIVISION SUCH
ASSISTANCE, PERSONNEL, INFORMATION, BOOKS, RECORDS, OTHER DOCUMENTATION
AND COOPERATION AS MAY BE NECESSARY TO PERFORM ITS DUTIES;
(B) ENTER INTO COOPERATIVE AGREEMENTS WITH OTHER GOVERNMENT OFFICES TO
EFFICIENTLY CARRY OUT ITS WORK AND NOT DUPLICATE RESOURCES;
(C) RECEIVE AND ACT UPON COMPLAINTS OR RECOMMENDATIONS FROM THE PUBLIC
OR OTHER PERSONS OR ENTITIES REGARDING ANY AUTHORITY COVERED BY THIS
TITLE;
(D) INITIATE FORMAL INVESTIGATIONS IN RESPONSE TO COMPLAINTS OR
APPEARANCES OF NON-COMPLIANCE BY AN AUTHORITY;
(E) ISSUE SUBPOENAS PERTAINING TO INVESTIGATIONS WHICH SUCH OFFICE IS
AUTHORIZED TO CONDUCT UNDER THIS TITLE, FOR THE PURPOSES OF EFFECTUATING
THE POWERS AND DUTIES OF THIS TITLE;
(F) PUBLICLY WARN AND CENSURE AUTHORITIES FOR NON-COMPLIANCE WITH THIS
TITLE, AND TO ESTABLISH GUIDELINES FOR SUCH ACTIONS;
(G) RECOMMEND TO THE ENTITY THAT APPOINTED THE OFFICER OR DIRECTOR
SUSPENSION OR DISMISSAL OF OFFICERS OR DIRECTORS, BASED ON INFORMATION
THAT IS, OR IS MADE, AVAILABLE TO THE PUBLIC UNDER LAW;
(H) REPORT SUSPECTED CRIMINAL ACTIVITIES TO THE ATTORNEY GENERAL AND
OTHER PROSECUTORIAL AGENCIES;
(I) COMPEL ANY AUTHORITY WHICH IS DEEMED TO BE IN NON-COMPLIANCE WITH
THIS TITLE AND TITLE ONE OF THIS ARTICLE OR ARTICLE NINE OF THIS CHAPTER
TO SUBMIT TO THE AUTHORITIES BUDGET OFFICE A DETAILED EXPLANATION OF
SUCH FAILURE TO COMPLY; AND
(J) COMMENCE A SPECIAL PROCEEDING IN SUPREME COURT, WHEN IT DOES NOT
RECEIVE FROM A STATE OR LOCAL AUTHORITY UPON REQUEST INFORMATION, BOOKS,
RECORDS OR OTHER DOCUMENTATION NECESSARY TO PERFORM ITS DUTIES, SEEKING
AN ORDER DIRECTING THE PRODUCTION OF THE SAME.
3. THE REPORTS AND NON-PROPRIETARY INFORMATION RECEIVED BY AND
PREPARED BY THE AUTHORITIES BUDGET OFFICE SHALL BE MADE AVAILABLE TO THE
PUBLIC, TO THE EXTENT PRACTICABLE, THROUGH THE INTERNET.
S 7. REPORTS OF THE AUTHORITIES BUDGET OFFICE. ON JULY FIRST, TWO
THOUSAND TEN AND ANNUALLY THEREAFTER THE AUTHORITIES BUDGET OFFICE SHALL
ISSUE REPORTS ON ITS FINDINGS AND ANALYSES TO THE GOVERNOR, THE CHAIR
AND RANKING MINORITY MEMBER OF THE SENATE FINANCE COMMITTEE, THE CHAIR
AND RANKING MINORITY MEMBER OF THE ASSEMBLY WAYS AND MEANS COMMITTEE,
THE CHAIR AND RANKING MINORITY MEMBER OF THE SENATE STANDING COMMITTEE
ON CORPORATIONS, AUTHORITIES AND COMMISSIONS, THE CHAIR AND RANKING
MINORITY MEMBER OF THE ASSEMBLY STANDING COMMITTEE ON CORPORATIONS,
AUTHORITIES AND COMMISSIONS, THE STATE COMPTROLLER AND THE ATTORNEY
GENERAL, WITH CONCLUSIONS AND OPINIONS CONCERNING THE PERFORMANCE OF
PUBLIC AUTHORITIES AND TO STUDY, REVIEW AND REPORT ON THE OPERATIONS,
PRACTICES AND FINANCES OF STATE AND LOCAL AUTHORITIES AS DEFINED BY
SECTION TWO OF THIS ARTICLE.
S 5-a. Section 27 of chapter 766 of the laws of 2005, constituting
the public authorities accountability act of 2005, is REPEALED.
S 6. Subdivisions 1 and 2 of section 2800 of the public authorities
law, subdivision 1 as amended and subdivision 2 as added by chapter 766
of the laws of 2005, are amended to read as follows:
1. State authorities. (a) For the purpose of furnishing the state with
systematic information regarding the status and the activities of public
S. 12 5 A. 12
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 [and], 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 [receipts and disburse-
ments, or revenues and expenses, during such fiscal year in accordance
with the categories or classifications established by such authority for
its own operating and capital outlay purposes] FINANCIAL REPORTS,
INCLUDING (I) AUDITED FINANCIALS IN ACCORDANCE WITH ALL APPLICABLE REGU-
LATIONS 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 assets and liabilities at the end of its fiscal year including the
status of reserve, depreciation, special or other funds and including
the receipts and payments of these funds] ITS MISSION STATEMENT AND
MEASUREMENTS INCLUDING ITS MOST RECENT MEASUREMENT REPORT; (4) a sched-
ule 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 repay-
ment. Additionally, the debt schedule shall also include all refi-
nancings, 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 issu-
ance 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 [(i)] all real property of such
authority having an estimated fair market value in excess of fifteen
thousand dollars that the authority [intends to dispose of; (ii) all
such property held by the authority at the end of the period covered by
the report; and (iii) all such property disposed] ACQUIRES OR DISPOSES
of during such period. The report shall contain [an estimate of fair
market value for all such property held by the authority at the end of
the period and] 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; [and]
(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
S. 12 6 A. 12
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 CHANG-
ES IN OPERATIONS AND PROGRAMS DURING THE REPORTING YEAR; (14) AT A MINI-
MUM 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 DISCLO-
SURE 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 GUIDE-
LINES; 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 MALPRAC-
TICE CLAIMS BEYOND THE EXISTENCE OF SUCH CLAIMS.
(b) [To the extent practicable, each] 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 inde-
pendent 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 offi-
cer, the chairperson of the legislative body of the local government or
local governments and the [entity established pursuant to section twen-
ty-seven of the chapter of the laws of two thousand five which added
this subdivision] 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 receipts
and disbursements, or revenues and expenses, during such fiscal year in
accordance with the categories or classifications established by such
authority for its own operating and capital outlay purposes] ITS FINAN-
CIAL REPORTS, INCLUDING (I) AUDITED FINANCIALS IN ACCORDANCE WITH ALL
APPLICABLE REGULATIONS AND FOLLOWING GENERALLY ACCEPTED ACCOUNTING PRIN-
CIPLES 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 assets and liabilities at the end of its fiscal year
S. 12 7 A. 12
including the status of reserve, depreciation, special or other funds
and including the receipts and payments of these funds] 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 bene-
fits 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 OFFI-
CERS AND EMPLOYEES FOR WHOM SALARY REPORTING IS REQUIRED UNDER SUBPARA-
GRAPH FIVE OF THIS PARAGRAPH; (6) the projects undertaken by such
authority during the past year; (7) a listing AND DESCRIPTION, IN ADDI-
TION TO THE REPORT REQUIRED BY PARAGRAPH A OF SUBDIVISION THREE OF
SECTION TWENTY-EIGHT HUNDRED NINETY-SIX OF THIS ARTICLE of [(i)] all
real property of such authority having an estimated fair market value in
excess of fifteen thousand dollars that the authority [intends to
dispose of; (ii) all such property held by the authority at the end of
the period covered by the report; and (iii) all such property disposed]
ACQUIRES OR DISPOSES of during such period. The report shall contain [an
estimate of fair market value for all such property held by the authori-
ty at the end of the period and] 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; [and] (9) an assessment of the effectiveness of its
internal control structure and procedures; (10) A COPY OF THE LEGIS-
LATION 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, SUBSID-
IARIES, (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 EXEC-
UTIVE OFFICER AND CHIEF FINANCIAL OFFICER OF THE PUBLIC AUTHORITY THAT
S. 12 8 A. 12
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) [To the extent practicable, each] 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 inde-
pendent audit report unless such information is covered by subdivision
two of section eighty-seven of the public officers law.
S 6-a. Section 2800 of the public authorities law is amended by adding
a new subdivision 4 to read as follows:
4. THE AUTHORITIES BUDGET OFFICE MAY, UPON APPLICATION OF ANY AUTHORI-
TY, WAIVE ANY REQUIREMENTS OF THIS SECTION UPON A SHOWING THAT THE
AUTHORITY MEETS THE CRITERIA FOR SUCH A WAIVER ESTABLISHED BY REGU-
LATIONS 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.
S 7. Section 2801 of the public authorities law, as amended by chapter
766 of the laws of 2005, is amended to read as follows:
S 2801. Budget reports by authorities. 1. State authorities. Every
state authority or commission heretofore or hereafter continued or
created by this chapter or any other chapter of the laws of the state of
New York shall submit to the governor, [chairman] THE CHAIR and ranking
minority member of the senate finance committee, [and chairman] THE
CHAIR and ranking minority member of the assembly ways and means commit-
tee AND THE AUTHORITIES BUDGET OFFICE, for their information, annually
NOT MORE THAN ONE HUNDRED TWENTY DAYS AND not less than ninety days
before the commencement of its fiscal year, in the form submitted to its
members or trustees, budget information on operations and capital
construction setting forth the estimated receipts and expenditures for
the next fiscal year and the current fiscal year, and the actual
receipts and expenditures for the last completed fiscal year.
2. Local authorities. For the local authority fiscal year ending on or
after December thirty-first, two thousand seven and annually thereafter,
every local authority heretofore or hereafter 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
governments and the [entity established pursuant to section twenty-seven
of the chapter of the laws of two thousand five which added this subdi-
vision,] AUTHORITIES BUDGET OFFICE for their information, annually NOT
MORE THAN NINETY DAYS AND not less than sixty days before the commence-
ment of its fiscal year, in the form submitted to its members or trus-
tees, budget information on operations and capital construction setting
forth the estimated receipts and expenditures for the next fiscal year
and the current fiscal year, and the actual receipts and expenditures
for the last completed fiscal year.
S. 12 9 A. 12
3. IF ANY STATE OR LOCAL AUTHORITY HAS PROVIDED THE INFORMATION
REQUIRED BY THIS SECTION AS PART OF THE ANNUAL REPORT REQUIRED BY
SECTION TWENTY-EIGHT HUNDRED OF THIS TITLE, SUCH AUTHORITY MAY COMPLY
WITH THE PROVISIONS OF THIS SECTION BY REFERENCE TO SUCH INFORMATION
WITH ANY NECESSARY UPDATES.
S 8. Subdivisions 1 and 2 of section 2802 of the public authorities
law, subdivision 1 as amended and subdivision 2 as added by chapter 766
of the laws of 2005, are amended to read as follows:
1. State authorities. Every state authority or commission heretofore
or hereafter continued or created by this chapter or any other chapter
of the laws of the state of New York shall submit to the governor,
chairman and ranking minority member of the senate finance committee,
chairman and ranking minority member of the assembly ways and means
committee [and], EACH CHAIR AND RANKING MEMBER OF THE SENATE AND ASSEM-
BLY COMMITTEES ON CORPORATIONS, AUTHORITIES AND COMMISSIONS, the state
comptroller, [within thirty days after receipt thereof by such authori-
ty,] AND THE AUTHORITIES BUDGET OFFICE, TOGETHER WITH THE REPORT
DESCRIBED IN SECTION TWENTY-EIGHT HUNDRED OF THIS TITLE, a copy of the
annual independent audit report, performed by a certified public
accounting firm in accordance with generally accepted [government]
auditing standards AS DEFINED IN SUBDIVISION ELEVEN OF SECTION TWO OF
THE STATE FINANCE LAW, and management letter and any other external
examination of the books and accounts of such authority other than
copies of the reports of any examinations made by the state comptroller.
2. Local authorities. For the local authority fiscal year ending on or
after December thirty-first, two thousand seven and annually thereafter,
every local authority heretofore or hereafter 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 to the entity established pursuant to section twenty-
seven of the chapter of the laws of two thousand five which added this
subdivision, within thirty days after receipt thereof by such authori-
ty,] AND THE AUTHORITIES BUDGET OFFICE, TOGETHER WITH THE REPORT
DESCRIBED IN SECTION TWENTY-EIGHT HUNDRED OF THIS TITLE, a copy of the
annual independent audit report, performed by a certified public
accounting firm in accordance with generally accepted [government]
auditing standards AS DEFINED IN SUBDIVISION ELEVEN OF SECTION TWO OF
THE STATE FINANCE LAW, and management letter and any other external
examination of the books and accounts of such authority other than
copies of the reports of ANY examinations made by the state comptroller.
S 9. Section 2806 of the public authorities law, as added by chapter
149 of the laws of 1993, is amended to read as follows:
S 2806. Personnel reports by [public] STATE AND LOCAL authorities and
public benefit corporations. 1. Every [public] STATE AND LOCAL authority
and public benefit corporation shall submit to the comptroller, the
director of the budget [and], the chairpersons of the legislative fiscal
committees AND THE AUTHORITIES BUDGET OFFICE, for their information,
annually, on or before the fifteenth day of January of each calendar
year, personnel information setting forth personal service schedules by
subsidiary, division and unit which indicate position, grade, salary and
title for each employee and in summary form.
2. IF ANY STATE OR LOCAL AUTHORITY HAS PROVIDED THE INFORMATION
REQUIRED BY THIS SECTION IN THE ANNUAL REPORT REQUIRED UNDER SECTION
TWENTY-EIGHT HUNDRED OF THIS TITLE, SUCH AUTHORITY MAY COMPLY WITH THE
S. 12 10 A. 12
PROVISIONS OF THIS SECTION BY REFERENCES TO SUCH INFORMATION WITH ANY
NECESSARY UPDATES.
S 10. Subdivisions 1, 4, 6 and 7 of section 2824 of the public author-
ities law, as added by chapter 766 of the laws of 2005, are amended to
read as follows:
1. Board members of state and local authorities shall (a) execute
direct oversight of the authority's chief executive and other [senior]
management in the effective and ethical management of the authority; (b)
understand, review and monitor the implementation of fundamental finan-
cial and management controls and operational decisions of the authority;
(c) establish policies regarding the payment of salary, compensation and
reimbursements to, and establish rules for the time and attendance of,
the chief executive and [senior] management; (d) adopt a code of ethics
applicable to each officer, director and employee that, at a minimum,
includes the standards established in section seventy-four of the public
officers law; (e) establish written policies and procedures on personnel
including policies protecting employees from retaliation for disclosing
information concerning acts of wrongdoing, misconduct, malfeasance, or
other inappropriate behavior by an employee or board member of the
authority, investments, travel, the acquisition of real property and the
disposition of real and personal property and the procurement of goods
and services; [and] (f) adopt a defense and indemnification policy and
disclose such plan to any and all prospective board members; (G) PERFORM
EACH OF THEIR DUTIES AS BOARD MEMBERS, INCLUDING BUT NOT LIMITED TO
THOSE IMPOSED BY THIS SECTION, IN GOOD FAITH AND WITH THAT DEGREE OF
DILIGENCE, CARE AND SKILL WHICH AN ORDINARILY PRUDENT PERSON IN LIKE
POSITION WOULD USE UNDER SIMILAR CIRCUMSTANCES, AND MAY TAKE INTO
CONSIDERATION THE VIEWS AND POLICIES OF ANY ELECTED OFFICIAL OR BODY, OR
OTHER PERSON AND ULTIMATELY APPLY INDEPENDENT JUDGMENT IN THE BEST
INTEREST OF THE AUTHORITY, ITS MISSION AND THE PUBLIC; (H) AT THE TIME
THAT EACH MEMBER TAKES AND SUBSCRIBES HIS OR HER OATH OF OFFICE, OR
WITHIN SIXTY DAYS AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH IF THE
MEMBER HAS ALREADY TAKEN AND SUBSCRIBED HIS OR HER OATH OF OFFICE,
EXECUTE AN ACKNOWLEDGMENT, IN THE FORM PRESCRIBED BY THE AUTHORITIES
BUDGET OFFICE AFTER CONSULTATION WITH THE ATTORNEY GENERAL, IN WHICH THE
BOARD MEMBER ACKNOWLEDGES THAT HE OR SHE UNDERSTANDS HIS OR HER ROLE,
AND FIDUCIARY RESPONSIBILITIES AS SET FORTH IN PARAGRAPH (G) OF THIS
SUBDIVISION, AND ACKNOWLEDGES THAT HE OR SHE UNDERSTANDS HIS OR HER DUTY
OF LOYALTY AND CARE TO THE ORGANIZATION AND COMMITMENT TO THE AUTHORI-
TY'S MISSION AND THE PUBLIC INTEREST.
4. Board members of each state and local authority, or subsidiary
thereof, shall establish an audit committee to be comprised of NOT LESS
THAN THREE independent members, WHO SHALL CONSTITUTE A MAJORITY ON THE
COMMITTEE, AND WHO SHALL POSSESS THE NECESSARY SKILLS TO UNDERSTAND THE
DUTIES AND FUNCTIONS OF THE AUDIT COMMITTEE; PROVIDED, HOWEVER, THAT IN
THE EVENT THAT A BOARD HAS LESS THAN THREE INDEPENDENT MEMBERS, THE
BOARD MAY APPOINT NON-INDEPENDENT MEMBERS TO THE AUDIT COMMITTEE,
PROVIDED THAT THE INDEPENDENT MEMBERS MUST CONSTITUTE A MAJORITY OF THE
MEMBERS OF THE AUDIT COMMITTEE. The committee shall recommend to the
board the hiring of a certified independent accounting firm for such
authority, establish the compensation to be paid to the accounting firm
and provide direct oversight of the performance of the independent audit
performed by the accounting firm hired for such purposes.
6. [To the extent practicable, members] MEMBERS of the audit committee
[should] SHALL be familiar with corporate financial and accounting prac-
tices.
S. 12 11 A. 12
7. Board members of each state and local authority, or subsidiary
thereof, shall establish a governance committee to be comprised of NOT
LESS THAN THREE independent members, WHO SHALL CONSTITUTE A MAJORITY ON
THE COMMITTEE, AND WHO SHALL POSSESS THE NECESSARY SKILLS TO UNDERSTAND
THE DUTIES AND FUNCTIONS OF THE GOVERNANCE COMMITTEE; PROVIDED, HOWEVER,
THAT IN THE EVENT THAT A BOARD HAS LESS THAN THREE INDEPENDENT MEMBERS,
THE BOARD MAY APPOINT NON-INDEPENDENT MEMBERS TO THE GOVERNANCE COMMIT-
TEE, PROVIDED THAT THE INDEPENDENT MEMBERS MUST CONSTITUTE A MAJORITY OF
THE MEMBERS OF THE GOVERNANCE COMMITTEE. It shall be the responsibility
of the members of the governance committee to keep the board informed of
current best governance practices; to review corporate governance
trends; to [update] RECOMMEND UPDATES TO the authority's corporate
governance principles; [and] to advise appointing authorities on the
skills and experiences required of potential board members; TO EXAMINE
ETHICAL AND CONFLICT OF INTEREST ISSUES; TO PERFORM BOARD SELF-EVALUA-
TIONS; AND TO RECOMMEND BY-LAWS WHICH INCLUDE RULES AND PROCEDURES FOR
CONDUCT OF BOARD BUSINESS.
S 11. Section 2824 of the public authorities law is amended by adding
a new subdivision 8 to read as follows:
8. BOARD MEMBERS OF EACH STATE AND LOCAL AUTHORITY, OR SUBSIDIARY
THEREOF WHICH ISSUES DEBT, SHALL ESTABLISH A FINANCE COMMITTEE TO BE
COMPRISED OF NOT LESS THAN THREE INDEPENDENT MEMBERS, WHO SHALL CONSTI-
TUTE A MAJORITY ON THE COMMITTEE, AND WHO SHALL POSSESS THE NECESSARY
SKILLS TO UNDERSTAND THE DUTIES AND FUNCTIONS OF THE COMMITTEE;
PROVIDED, HOWEVER, THAT IN THE EVENT THAT A BOARD HAS LESS THAN THREE
INDEPENDENT MEMBERS, THE BOARD MAY APPOINT NON-INDEPENDENT MEMBERS TO
THE FINANCE COMMITTEE, PROVIDED THAT THE INDEPENDENT MEMBERS MUST
CONSTITUTE A MAJORITY OF THE MEMBERS OF THE FINANCE COMMITTEE. IT SHALL
BE THE RESPONSIBILITY OF THE MEMBERS OF THE FINANCE COMMITTEE TO REVIEW
PROPOSALS FOR THE ISSUANCE OF DEBT BY THE AUTHORITY AND ITS SUBSIDIARIES
AND MAKE RECOMMENDATIONS.
S 11-a. Section 2827 of the public authorities law, as added by chap-
ter 613 of the laws of 1961 and as renumbered by chapter 838 of the laws
of 1983, is amended to read as follows:
S 2827. Removal of authority members. Except as otherwise provided in
this chapter, every member of every authority or commission heretofore
or hereafter continued or created by this chapter, except ex-officio
members, that is, members whose membership results by virtue of their
incumbency of a public office, shall be removable by the public officer
or public body which is empowered by this chapter to appoint such
authority or commission member, for inefficiency, BREACH OF FIDUCIARY
DUTY, neglect of duty or misconduct in office, provided, however, that
such member shall be given a copy of the charges against him and an
opportunity of being heard in person, or by counsel, in his OR HER
defense upon not less than ten days' notice.
S 11-b. Subdivision 5 of section 1678 of the public authorities law,
as added by chapter 524 of the laws of 1944 and such section as renum-
bered by chapter 914 of the laws of 1957, is amended to read as follows:
5. To appoint officers, agents and employees and fix their compen-
sation, PROVIDED, HOWEVER, THAT THE APPOINTMENT OF THE EXECUTIVE DIREC-
TOR SHALL BE SUBJECT TO CONFIRMATION BY THE SENATE IN ACCORDANCE WITH
SECTION TWENTY-EIGHT HUNDRED FIFTY-TWO OF THIS CHAPTER;
S 11-c. Subdivision 6 of section 354 of the public authorities law, as
amended by chapter 766 of the laws of 1992, is amended to read as
follows:
S. 12 12 A. 12
6. To appoint officers, agents and employees and fix their compen-
sation, PROVIDED, HOWEVER, THAT THE APPOINTMENT OF THE EXECUTIVE DIREC-
TOR SHALL BE SUBJECT TO CONFIRMATION BY THE SENATE IN ACCORDANCE WITH
SECTION TWENTY-EIGHT HUNDRED FIFTY-TWO OF THIS CHAPTER; subject however
to the provisions of the civil service law, which shall apply to the
authority and to the subsidiary corporation thereof as a municipal
corporation other than a city;
S 11-d. Section 1004 of the public authorities law, as amended by
chapter 766 of the laws of 2005, is amended to read as follows:
S 1004. Officers and employees; expenses. The trustees shall choose
from among their own number a chairman and vice-chairman. They shall
[from time to time] select such officers and employees, including a
chief executive officer WHOSE APPOINTMENT SHALL BE SUBJECT TO CONFIRMA-
TION BY THE SENATE IN ACCORDANCE WITH SECTION TWENTY-EIGHT HUNDRED
FIFTY-TWO OF THIS CHAPTER, and such engineering, marketing and legal
officers and employees, as they may require for the performance of their
duties and shall prescribe the duties and compensation of each officer
and employee. They shall adopt by-laws and rules and regulations suit-
able to the purposes of this title. As long as and to the extent that
the authority is dependent upon appropriations for the payment of its
expenses, it shall incur no obligations for salary, office or other
expenses prior to the making of appropriations adequate to meet the
same.
S 11-e. Subdivision 3 of section 2824 of the public authorities law is
REPEALED and a new subdivision 3 is added to read as follows:
3. NO CHAIR WHO IS ALSO THE CHIEF EXECUTIVE OFFICER SHALL PARTICIPATE
IN DETERMINING THE LEVEL OF COMPENSATION OR REIMBURSEMENT, OR TIME AND
ATTENDANCE RULES FOR THE POSITION OF CHIEF EXECUTIVE OFFICER.
S 11-f. Subdivision (c) of section 1020-f of the public authorities
law, as added by chapter 517 of the laws of 1986, is amended to read as
follows:
(c) To appoint officers, agents and employees, without regard to any
personnel or civil service law, rule or regulation of the state and in
accordance with guidelines adopted by the authority, prescribe their
duties and qualifications and fix and pay their compensation, PROVIDED,
HOWEVER, THAT THE APPOINTMENT OF THE CHIEF EXECUTIVE OFFICER SHALL BE
SUBJECT TO CONFIRMATION BY THE SENATE IN ACCORDANCE WITH SECTION TWEN-
TY-EIGHT HUNDRED FIFTY-TWO OF THIS CHAPTER;
S 11-g. The public authorities law is amended by adding a new section
2852 to read as follows:
S 2852. SENATE CONFIRMATION OF CERTAIN CHIEF EXECUTIVE OFFICERS.
WHERE THE APPOINTMENT OF ANY CHIEF EXECUTIVE OFFICER IS SUBJECT TO
CONFIRMATION BY THE SENATE PURSUANT TO SUBDIVISION FIVE OF SECTION
SIXTEEN HUNDRED SEVENTY-EIGHT OF THIS CHAPTER, SUBDIVISION SIX OF
SECTION THREE HUNDRED FIFTY-FOUR OF THIS CHAPTER, SECTION ONE THOUSAND
FOUR OF THIS CHAPTER, OR SUBDIVISION (C) OF SECTION ONE THOUSAND TWEN-
TY-F OF THIS CHAPTER THE SENATE SHALL VOTE TO CONFIRM ANY SUCH APPOINT-
MENT WITHIN SIXTY DAYS OF ITS SUBMISSION TO THE SENATE DURING SESSION,
OR IF SUCH SUBMISSION IS MADE WHEN THE SENATE IS NOT IN SESSION, WITHIN
SEVEN DAYS OF THE CONVENING FOR SESSION. IF THE SENATE FAILS TO VOTE TO
CONFIRM ANY SUCH APPOINTMENT WITHIN THE TIME PRESCRIBED IN THIS SECTION,
SUCH APPOINTMENT SHALL BE DEEMED CONFIRMED WITHOUT ANY FURTHER ACTION BY
THE SENATE.
S 12. The public authorities law is amended by adding a new section
2824-a to read as follows:
S. 12 13 A. 12
S 2824-A. MISSION STATEMENT AND MEASUREMENT REPORT. EACH STATE
AUTHORITY SHALL SUBMIT TO THE AUTHORITIES BUDGET OFFICE ON OR BEFORE
MARCH THIRTY-FIRST, TWO THOUSAND TEN, AND EACH LOCAL AUTHORITY SHALL
SUBMIT TO THE AUTHORITIES BUDGET OFFICE ON OR BEFORE MARCH THIRTY-FIRST,
TWO THOUSAND ELEVEN, A PROPOSED AUTHORITY MISSION STATEMENT AND PROPOSED
MEASUREMENTS WHICH THE AUTHORITIES BUDGET OFFICE SHALL POST ON ITS
WEBSITE. THE PROPOSED AUTHORITY MISSION STATEMENT AND PROPOSED MEASURE-
MENTS SHALL HAVE THE FOLLOWING COMPONENTS: A BRIEF MISSION STATEMENT
EXPRESSING THE PURPOSE AND GOALS OF THE AUTHORITY, A DESCRIPTION OF THE
STAKEHOLDERS OF THE AUTHORITY AND THEIR REASONABLE EXPECTATIONS FROM THE
AUTHORITY, AND A LIST OF MEASUREMENTS BY WHICH PERFORMANCE OF THE
AUTHORITY AND THE ACHIEVEMENT OF ITS GOALS MAY BE EVALUATED. EACH
AUTHORITY SHALL REEXAMINE ITS MISSION STATEMENT AND MEASUREMENTS ON AN
ANNUAL BASIS, AND PUBLISH A SELF-EVALUATION BASED ON THE STATED MEASURE-
MENTS; PROVIDED, HOWEVER, SUCH REEXAMINATION MAY BE WAIVED PURSUANT TO A
DETERMINATION BY THE DIRECTOR OF THE AUTHORITIES BUDGET OFFICE THAT SUCH
UNDERTAKING IS UNNECESSARY FOR AN INDIVIDUAL AUTHORITY.
S 13. The opening paragraph of subdivision 2 of section 2825 of the
public authorities law, as added by chapter 766 of the laws of 2005, is
amended to read as follows:
Except for members who serve as members by virtue of holding a civil
office of the state, the majority of the remaining members of the
governing body of every state or local authority shall be independent
members; provided, however, that this provision shall apply to appoint-
ments made on or after the effective date of [the] chapter SEVEN HUNDRED
SIXTY-SIX of the laws of two thousand five which added this subdivision.
The official or officials having the authority to appoint or remove such
remaining members shall take such actions as may be necessary to satisfy
this requirement. For the purposes of this section, an independent
member is one who:
S 14. The public authorities law is amended by adding a new section
2879-a to read as follows:
S 2879-A. COMPTROLLER APPROVAL OF CONTRACTS. 1. EXCEPT AS SET FORTH
IN SUBDIVISION THREE OF THIS SECTION, WHERE THE COMPTROLLER DETERMINES
PURSUANT TO HIS OR HER AUTHORITY TO SUPERVISE THE ACCOUNTS OF PUBLIC
CORPORATIONS, THAT CONTRACTS OR CATEGORIES OF CONTRACTS IN EXCESS OF ONE
MILLION DOLLARS (A) TO BE AWARDED BY A STATE AUTHORITY TO A SINGLE
SOURCE, A SOLE SOURCE OR PURSUANT TO ANY OTHER METHOD OF PROCUREMENT
THAT IS NOT COMPETITIVE, OR (B) WHICH ARE TO BE PAID IN WHOLE OR IN PART
FROM MONIES APPROPRIATED BY THE STATE TO A STATE AUTHORITY FOR SUCH
CONTRACTUAL EXPENDITURE, REQUIRE SUPERVISION IN THE FORM OF PRIOR REVIEW
AND APPROVAL OF SUCH CONTRACTS, AND THE COMPTROLLER SO NOTIFIES SUCH
AUTHORITY OF SUCH DETERMINATION, THEN ANY SUCH CONTRACT ENTERED INTO
SUBSEQUENT TO SUCH NOTIFICATION SHALL BE SUBMITTED TO THE COMPTROLLER
FOR HIS OR HER APPROVAL AND SHALL NOT BE A VALID ENFORCEABLE CONTRACT
UNLESS IT SHALL FIRST HAVE BEEN APPROVED BY THE COMPTROLLER. SUCH
NOTIFICATION SHALL IDENTIFY THE PROCESS FOR SUBMISSION, THE CATEGORIES
OF CONTRACTS AT ISSUE AND THE TIME PERIOD FOR WHICH SUCH SUBMISSION IS
TO TAKE PLACE. THE COMPTROLLER SHALL PROMULGATE SUCH RULES AND REGU-
LATIONS AS MAY BE NECESSARY TO CARRY OUT HIS OR HER RESPONSIBILITIES
UNDER THIS SECTION, INCLUDING BUT NOT LIMITED TO THE STANDARDS FOR
DETERMINING WHICH CONTRACTS WILL BE SUBJECT TO HIS OR HER REVIEW AND FOR
APPROVING SUCH CONTRACTS.
2. WHERE THE COMPTROLLER, PURSUANT TO SUBDIVISION ONE OF THIS SECTION,
HAS NOTIFIED A STATE AUTHORITY THAT ANY CONTRACT OR CATEGORY OF
CONTRACTS SHALL BE SUBJECT TO HIS OR HER APPROVAL, SUCH AUTHORITY SHALL
S. 12 14 A. 12
INCLUDE OR CAUSE TO BE INCLUDED IN EACH SUCH CONTRACT A PROVISION
INFORMING THE OTHER PARTY THAT SUCH CONTRACT IS SUBJECT TO THE COMP-
TROLLER'S APPROVAL PURSUANT TO THE COMPTROLLER'S AUTHORITY TO SUPERVISE
THE ACCOUNTS OF PUBLIC CORPORATIONS. IF THE COMPTROLLER HAS NOT APPROVED
OR DISAPPROVED ANY CONTRACT SUBJECT TO HIS OR HER APPROVAL WITHIN NINETY
DAYS OF SUBMISSION TO HIS OR HER OFFICE, SUCH CONTRACT SHALL BECOME
VALID AND ENFORCEABLE WITHOUT SUCH APPROVAL.
3. THIS SECTION SHALL NOT APPLY TO: (A) CONTRACTS ENTERED INTO FOR THE
ISSUANCE OF COMMERCIAL PAPER OR BONDED INDEBTEDNESS, OTHER THAN
CONTRACTS WITH THE STATE PROVIDING FOR THE PAYMENT OF DEBT SERVICE
SUBJECT TO AN APPROPRIATION; (B) CONTRACTS ENTERED INTO BY AN ENTITY
ESTABLISHED UNDER ARTICLE TEN-C OF THE PUBLIC AUTHORITIES LAW THAT ARE
FOR: (I) PROJECTS APPROVED BY THE DEPARTMENT OF HEALTH OR THE PUBLIC
HEALTH COUNCIL IN ACCORDANCE WITH ARTICLES TWENTY-EIGHT, THIRTY-SIX OR
FORTY OF THE PUBLIC HEALTH LAW OR ARTICLE SEVEN OF THE SOCIAL SERVICES
LAW; (II) PROJECTS APPROVED BY THE OFFICE OF MENTAL HEALTH, THE OFFICE
OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES, OR THE OFFICE OF
ALCOHOLISM AND SUBSTANCE ABUSE SERVICES IN ACCORDANCE WITH ARTICLES
SIXTEEN, THIRTY-ONE, OR THIRTY-TWO OF THE MENTAL HYGIENE LAW; (III)
SERVICES, AFFILIATIONS OR JOINT VENTURES FOR THE PROVISION OR ADMINIS-
TRATION OF HEALTH CARE SERVICES OR SCIENTIFIC RESEARCH; (IV) PAYMENT FOR
DIRECT HEALTH CARE SERVICES OR GOODS USED IN THE PROVISION OF HEALTH
CARE SERVICES; OR (V) PARTICIPATION IN GROUP PURCHASING ARRANGEMENTS;
(C) CONTRACTS ENTERED INTO FOR THE PROCUREMENT OF GOODS, SERVICES OR
BOTH GOODS AND SERVICES MADE TO MEET EMERGENCIES ARISING FROM UNFORESEEN
CAUSES OR TO EFFECT REPAIRS TO CRITICAL INFRASTRUCTURE THAT ARE NECES-
SARY TO AVOID A DELAY IN THE DELIVERY OF CRITICAL SERVICES THAT COULD
COMPROMISE THE PUBLIC WELFARE; (D) CONTRACTS OF PURCHASE OR SALE OF
ENERGY, ELECTRICITY OR ANCILLARY SERVICES MADE BY AN AUTHORITY ON A
RECOGNIZED MARKET FOR GOODS, SERVICES, OR COMMODITIES IN QUESTION IN
ACCORDANCE WITH STANDARD TERMS AND CONDITIONS OF PURCHASE OR SALE AT A
MARKET PRICE; (E) CONTRACTS FOR THE PURCHASE, SALE OR DELIVERY OF POWER
OR ENERGY, FUEL, COSTS AND SERVICES ANCILLARY THERETO, OR FINANCIAL
PRODUCTS RELATED THERETO, WITH A TERM OF LESS THAN FIVE YEARS; AND (F)
CONTRACTS FOR THE SALE OR DELIVERY OF POWER OR ENERGY AND COSTS AND
SERVICES ANCILLARY THERETO FOR ECONOMIC DEVELOPMENT PURPOSES PURSUANT TO
TITLE ONE OF ARTICLE FIVE OF THIS CHAPTER OR ARTICLE SIX OF THE ECONOMIC
DEVELOPMENT LAW, PROVIDED, HOWEVER, THAT THE AUTHORITY SHALL FILE COPIES
OF ANY SUCH CONTRACT WITH THE COMPTROLLER WITHIN SIXTY DAYS AFTER THE
EXECUTION OF SUCH CONTRACT.
4. THE PROVISIONS OF THIS SECTION DO NOT GRANT OR DIMINISH ANY POWER
OR RIGHT TO REVIEW CONTRACTS BEYOND OR FROM THAT WHICH THE COMPTROLLER
MAY HAVE PURSUANT TO HIS OR HER AUTHORITY TO SUPERVISE THE ACCOUNTS OF
PUBLIC AUTHORITIES. IF ANY PROVISIONS OF THIS SECTION OR ITS APPLICATION
TO ANY PERSON OR CIRCUMSTANCE IS HELD INVALID BY A COURT OF LAST RESORT,
THEN THIS SECTION SHALL BE DEEMED TO BE INVALID IN ITS ENTIRETY.
S 14-a. The public authorities law is amended by adding a new section
2879-b to read as follows:
S 2879-B. LABOR PEACE. 1. AS USED IN THIS SECTION:
(A) "CONTRACTOR" MEANS A COMPANY UNDERTAKING A COVERED PROJECT, OR THE
OPERATOR OF A HOTEL OR CONVENTION CENTER THAT IS PART OF A COVERED
PROJECT.
(B) "SUBSTANTIAL PROPRIETARY INTEREST" MEANS THE AUTHORITY: (I) OWNS
FEE TITLE OR A LEASEHOLD INTEREST IN THE PROJECT OF AT LEAST FORTY
YEARS; OR (II) PROVIDES FINANCING FOR THE PROJECT, WHETHER BY DIRECT
S. 12 15 A. 12
LOAN OR INDIRECTLY BY A GUARANTEE, SUBSIDY, DEPOSIT, CREDIT ENHANCEMENT
OR SIMILAR METHOD.
(C) "COVERED PROJECT" MEANS ANY PROJECT IN WHICH AN AUTHORITY ENTERS
INTO AN AGREEMENT FOR A DEVELOPMENT AFTER THE EFFECTIVE DATE OF THIS
SECTION, WHERE: (I) A HOTEL IS ONE OF THE PRINCIPAL FUNCTIONS OF THE
PROJECT; (II) THE RECIPIENT OF AUTHORITY FINANCING OR ITS CONTRACTOR OR
SUBCONTRACTOR CONTRACTS FOR THE DEVELOPMENT OF SUCH HOTEL OR CONVENTION
CENTER; (III) THE AUTHORITY HAS A SUBSTANTIAL PROPRIETARY INTEREST IN
THE PROJECT, OR IN THE HOTEL OR CONVENTION CENTER; AND (IV) THE HOTEL OR
CONVENTION CENTER WILL HAVE MORE THAN FIFTEEN EMPLOYEES.
(D) "LABOR PEACE AGREEMENT" MEANS AN AGREEMENT BETWEEN THE CONTRACTOR
AND A LABOR ORGANIZATION THAT REPRESENTS A SUBSTANTIAL NUMBER OF HOTEL
OR CONVENTION CENTER EMPLOYEES IN THE STATE, WHICH REQUIRES THAT THE
LABOR ORGANIZATION AND ITS MEMBERS REFRAIN FROM ENGAGING IN LABOR ACTIV-
ITY THAT WILL DISRUPT THE HOTEL'S OPERATIONS, INCLUDING STRIKES,
BOYCOTTS, WORK STOPPAGES, CORPORATE CAMPAIGNS, PICKETING OR OTHER
ECONOMIC ACTION AGAINST THE COVERED PROJECT.
(E) "PUBLIC AUTHORITY" SHALL MEAN A STATE PUBLIC AUTHORITY.
2. NO PUBLIC AUTHORITY SHALL ENTER INTO ANY AGREEMENT OR CONTRACT
UNDER WHICH THE PUBLIC AUTHORITY HAS A SUBSTANTIAL PROPRIETARY INTEREST
IN A COVERED PROJECT UNLESS THE AGREEMENT OR CONTRACT REQUIRES AS A
MATERIAL CONDITION THAT THE CONTRACTOR OR A SUBCONTRACTOR THEREOF ENTER
INTO A LABOR PEACE AGREEMENT WITH A LABOR ORGANIZATION THAT REPRESENTS
HOTEL EMPLOYEES IN THE STATE, FOR A PERIOD OF AT LEAST FIVE YEARS.
3. ANY CONTRACTOR OR SUBCONTRACTOR COVERED BY SUBDIVISION TWO OF THIS
SECTION SHALL INCORPORATE THE TERMS OF THE LABOR PEACE AGREEMENT IN ANY
CONTRACT, SUBCONTRACT, LEASE, SUBLEASE, OPERATING AGREEMENT, CONCESSIO-
NAIRE AGREEMENT, FRANCHISE AGREEMENT OR OTHER AGREEMENT OR INSTRUMENT
GIVING A RIGHT TO ANY PERSON OR ENTITY TO OWN OR OPERATE A HOTEL OR
CONVENTION CENTER.
4. NOTWITHSTANDING ANY PROVISION OF THIS SECTION, A PUBLIC AUTHORITY
MAY ENTER INTO AN AGREEMENT OR CONTRACT WHEREIN THE PUBLIC AUTHORITY HAS
A SUBSTANTIAL PROPRIETARY INTEREST IN A COVERED PROJECT WITHOUT A
CONTRACTOR ENTERING INTO A LABOR PEACE AGREEMENT, IF THE AUTHORITY
DETERMINES THAT THE PROJECT WOULD NOT BE ABLE TO GO FORWARD IF A LABOR
PEACE AGREEMENT WAS REQUIRED, OR THE COSTS OF THE PROJECT TO THE PUBLIC
AUTHORITY WOULD BE SUBSTANTIALLY INCREASED BY SUCH REQUIREMENT. SUCH A
DETERMINATION SHALL BE SUPPORTED BY A WRITTEN FINDING BY THE PUBLIC
AUTHORITY SETTING FORTH THE SPECIFIC BASIS FOR SUCH DETERMINATION, WHICH
MAY INCLUDE EXPERIENCE WITH SIMILAR PROJECTS, EARLIER REQUESTS FOR
PROPOSAL FOR THE SAME PROJECT, OR A DETAILED EVALUATION OF POTENTIAL
BIDDERS. SUCH WRITTEN DETERMINATION SHALL BE INCLUDED IN ANY PUBLIC
MATERIALS PROVIDED TO ANY BOARD OR AGENCY OFFICIAL IN CONNECTION WITH
THE PROJECT AND SHALL BE MAINTAINED BY THE AUTHORITY.
S 15. Subdivision 3 of section 2896 of the public authorities law, as
added by chapter 766 of the laws of 2005, is amended to read as follows:
3. a. Each public authority shall publish, not less frequently than
annually, a report listing all real property of the public authority.
Such report shall [consist of] INCLUDE a list and full description of
all real and personal property disposed of during such period. The
report shall contain the price received by the public authority and the
name of the purchaser for all such property sold by the public authority
during such period.
b. The public authority shall deliver copies of such report to the
comptroller, the director of the budget, the commissioner of general
services, [and] the legislature AND THE AUTHORITIES BUDGET OFFICE.
S. 12 16 A. 12
S 16. Section 2975 of the public authorities law is amended by adding
a new subdivision 3-a to read as follows:
3-A. A DIRECT PORTION OF THESE FUNDS SHALL BE ALLOCATED TO FUND THE
AUTHORITIES BUDGET OFFICE ESTABLISHED BY SECTION FOUR OF THIS CHAPTER.
S 17. The public authorities law is amended by adding a new section
2827-a to read as follows:
S 2827-A. SUBSIDIARIES OF PUBLIC AUTHORITIES. 1. NOTWITHSTANDING ANY
LAW TO THE CONTRARY, NO STATE AUTHORITY SHALL HEREAFTER HAVE THE POWER
TO ORGANIZE ANY SUBSIDIARY CORPORATION UNLESS THE LEGISLATURE SHALL HAVE
ENACTED A LAW GRANTING SUCH STATE AUTHORITY SUCH POWER FOR THE ORGANIZA-
TION OF A SPECIFIC CORPORATION, PROVIDED, HOWEVER, THAT A STATE AUTHORI-
TY MAY ORGANIZE A SUBSIDIARY CORPORATION PURSUANT TO THE FOLLOWING
REQUIREMENTS:
A. THE PURPOSE FOR WHICH THE SUBSIDIARY CORPORATION SHALL BE ORGANIZED
SHALL BE FOR A PROJECT OR PROJECTS WHICH THE STATE AUTHORITY HAS THE
POWER TO PURSUE PURSUANT TO ITS CORPORATE PURPOSES;
B. THE PRIMARY REASON FOR WHICH THE SUBSIDIARY CORPORATION SHALL BE
ORGANIZED SHALL BE TO LIMIT THE POTENTIAL LIABILITY IMPACT OF THE
SUBSIDIARY'S PROJECT OR PROJECTS ON THE AUTHORITY OR BECAUSE STATE OR
FEDERAL LAW REQUIRES THAT THE PURPOSE OF A SUBSIDIARY BE UNDERTAKEN
THROUGH A SPECIFIC CORPORATE STRUCTURE; AND
C. THE SUBSIDIARY CORPORATION SHALL MAKE THE REPORTS AND OTHER DISCLO-
SURES AS ARE REQUIRED OF STATE AUTHORITIES, UNLESS THE SUBSIDIARY CORPO-
RATION'S OPERATIONS AND FINANCES ARE CONSOLIDATED WITH THOSE OF THE
AUTHORITY OF WHICH IT IS A SUBSIDIARY.
2. IN SUCH CASES WHERE A STATE AUTHORITY HAS THE POWER TO ORGANIZE A
SUBSIDIARY CORPORATION PURSUANT TO SUBDIVISION ONE OF THIS SECTION, THE
STATE AUTHORITY SHALL FILE, NO LESS THAN SIXTY DAYS PRIOR TO THE FORMA-
TION OF SUCH SUBSIDIARY, NOTICE TO THE AUTHORITIES BUDGET OFFICE, THE
GOVERNOR, THE COMPTROLLER, AND THE LEGISLATURE THAT IT WILL BE CREATING
A SUBSIDIARY.
3. SUBSIDIARY CORPORATIONS FORMED UNDER SUBDIVISION ONE OF THIS
SECTION SHALL NOT HAVE THE AUTHORITY TO ISSUE BONDS, NOTES OR OTHER
DEBTS, PROVIDED, HOWEVER, THAT SUCH SUBSIDIARY CORPORATIONS MAY ISSUE
NOTES OR OTHER DEBT TO THE PUBLIC AUTHORITY OF WHICH IT IS A SUBSIDIARY.
NO SUCH DEBT ISSUED BY THE SUBSIDIARY TO ITS PARENT AUTHORITY SHALL IN
TOTAL EXCEED, AT ANY TIME, A PRINCIPAL AMOUNT OF FIVE HUNDRED THOUSAND
DOLLARS OR, DURING THE NINE MONTHS AFTER THE FORMATION OF THE SUBSID-
IARY, ONE MILLION DOLLARS.
4. THE CERTIFICATE OF INCORPORATION OR OTHER DOCUMENT FILED TO ORGAN-
IZE A SUBSIDIARY CORPORATION UNDER THIS SECTION SHALL STATE THAT THE
STATE AUTHORITY IS THE PERSON ORGANIZING THE CORPORATION.
5. PROVIDED, HOWEVER, THAT NOTHING IN THIS SECTION SHALL BE CONSTRUED
TO GRANT AN AUTHORITY THE POWER TO CREATE A SUBSIDIARY WHERE THE AUTHOR-
ITY DOES NOT OTHERWISE HAVE THE POWER TO DO SO.
6. ON OR BEFORE THE FIRST DAY OF JANUARY, TWO THOUSAND ELEVEN, AND
ANNUALLY ON SUCH DAY THEREAFTER, ANY SUBSIDIARY PUBLIC BENEFIT CORPO-
RATION, IN COOPERATION WITH ITS PARENT PUBLIC BENEFIT CORPORATION, SHALL
PROVIDE TO THE CHAIR AND RANKING MINORITY MEMBER OF THE SENATE FINANCE
COMMITTEE, THE CHAIR AND RANKING MINORITY MEMBER OF THE ASSEMBLY WAYS
AND MEANS COMMITTEE, AND EACH CHAIR AND RANKING MEMBER OF THE ASSEMBLY
AND SENATE COMMITTEES ON CORPORATIONS, AUTHORITIES AND COMMISSIONS A
REPORT ON THE SUBSIDIARY PUBLIC BENEFIT CORPORATION. SUCH REPORT SHALL
INCLUDE FOR EACH SUBSIDIARY:
A. THE COMPLETE LEGAL NAME, ADDRESS AND CONTACT INFORMATION OF THE
SUBSIDIARY;
S. 12 17 A. 12
B. THE STRUCTURE OF THE ORGANIZATION OF THE SUBSIDIARY, INCLUDING THE
NAMES AND TITLES OF EACH OF ITS MEMBERS, DIRECTORS AND OFFICERS, AS WELL
AS A CHART OF ITS ORGANIZATIONAL STRUCTURE;
C. THE COMPLETE BYLAWS AND LEGAL ORGANIZATION PAPERS OF THE SUBSID-
IARY;
D. A COMPLETE REPORT OF THE PURPOSE, OPERATIONS, MISSION AND PROJECTS
OF THE SUBSIDIARY, INCLUDING A STATEMENT OF JUSTIFICATION AS TO WHY THE
SUBSIDIARY IS NECESSARY TO CONTINUE ITS OPERATIONS FOR THE PUBLIC BENE-
FIT FOR THE PEOPLE OF THE STATE OF NEW YORK; AND
E. ANY OTHER INFORMATION THE SUBSIDIARY PUBLIC BENEFIT CORPORATION
DEEMS IMPORTANT TO INCLUDE IN SUCH REPORT.
7. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SECTION, PARA-
GRAPH B OF SUBDIVISION ONE AND SUBDIVISION THREE OF THIS SECTION SHALL
NOT APPLY TO AN ENTITY ESTABLISHED IN ARTICLE TEN-C OF THIS CHAPTER;
PROVIDED, HOWEVER, THAT NO SUCH PUBLIC BENEFIT CORPORATION SHALL HAVE
THE POWER TO ORGANIZE A SUBSIDIARY FOR THE PURPOSE OF:
A. EVADING THE REQUIREMENTS OF AN EXISTING COLLECTIVE BARGAINING
AGREEMENT; OR
B. REPLACING OR REMOVING A CERTIFIED EMPLOYEE ORGANIZATION.
S 18. The public authorities law is amended by adding a new section
2856 to read as follows:
S 2856. CONSIDERATION OF PUBLIC AUTHORITY DEBT. ON OR BEFORE A DATE
FIXED BY THE AUTHORITIES BUDGET OFFICE, EVERY AUTHORITY NOT SUBJECT TO A
STATUTORY LIMIT ON BONDS, NOTES, OR OTHER DEBT OBLIGATIONS IT MAY ISSUE,
SHALL SUBMIT TO THE AUTHORITIES BUDGET OFFICE A STATEMENT OF INTENT TO
GUIDE THE AUTHORITY'S ISSUANCE AND OVERALL AMOUNT OF BONDS, NOTES, OR
OTHER DEBT OBLIGATIONS IT MAY ISSUE.
S 19. Subdivision 3 of section 2897 of the public authorities law, as
added by chapter 766 of the laws of 2005, is amended to read as follows:
3. Method of disposition. Subject to section twenty-eight hundred
ninety-six of this title, any public authority may dispose of property
for not less than the fair market value of such property by sale,
exchange, or transfer, for cash, credit, or other property, with or
without warranty, and upon such other terms and conditions as the
contracting officer deems proper, and it may execute such documents for
the transfer of title or other interest in property and take such other
action as it deems necessary or proper to dispose of such property under
the provisions of this section. Provided, however, that no disposition
of real property, OR any interest in real property, [or any other prop-
erty which because of its unique nature is not subject to fair market
pricing] shall be made unless an appraisal of the value of such property
has been made by an independent appraiser and included in the record of
the transaction, AND, PROVIDED FURTHER, THAT NO DISPOSITION OF ANY OTHER
PROPERTY, WHICH BECAUSE OF ITS UNIQUE NATURE OR THE UNIQUE CIRCUMSTANCES
OF THE PROPOSED TRANSACTION IS NOT READILY VALUED BY REFERENCE TO AN
ACTIVE MARKET FOR SIMILAR PROPERTY, SHALL BE MADE WITHOUT A SIMILAR
APPRAISAL.
S 20. Paragraphs c and d of subdivision 6 of section 2897 of the
public authorities law, as added by chapter 766 of the laws of 2005, are
amended to read as follows:
c. Disposals and contracts for disposal of property may be negotiated
or made by public auction without regard to paragraphs a and b of this
subdivision but subject to obtaining such competition as is feasible
under the circumstances, if:
(i) the personal property involved [is of a nature and quantity which,
if] HAS QUALITIES SEPARATE FROM THE UTILITARIAN PURPOSE OF SUCH PROPER-
S. 12 18 A. 12
TY, SUCH AS ARTISTIC QUALITY, ANTIQUITY, HISTORICAL SIGNIFICANCE, RARI-
TY, OR OTHER QUALITY OF SIMILAR EFFECT, THAT WOULD TEND TO INCREASE ITS
VALUE, OR IF THE PERSONAL PROPERTY IS TO BE SOLD IN SUCH QUANTITY THAT,
IF IT WERE disposed of under paragraphs a and b of this subdivision,
would [aversely] ADVERSELY affect the state or local market for such
property, and the estimated fair market value of such property and other
satisfactory terms of disposal can be obtained by negotiation;
(ii) the fair market value of the property does not exceed fifteen
thousand dollars;
(iii) bid prices after advertising therefor are not reasonable, either
as to all or some part of the property, or have not been independently
arrived at in open competition;
(iv) the disposal will be to the state or any political subdivision,
and the estimated fair market value of the property and other satisfac-
tory terms of disposal are obtained by negotiation; OR
(v) [the disposal is for an amount less than the estimated fair market
value of the property, the terms of such disposal are obtained by public
auction or negotiation, the disposal of the property is intended to
further the public health, safety or welfare or an economic development
interest of the state or a political subdivision (to include but not
limited to, the prevention or remediation of a substantial threat to
public health or safety, the creation or retention of a substantial
number of job opportunities, or the creation or retention of a substan-
tial source of revenues, or where the authority's enabling legislation
permits), the purpose and the terms of such disposal are documented in
writing and approved by resolution of the board of the public authori-
ty;] UNDER THOSE CIRCUMSTANCES PERMITTED BY SUBDIVISION SEVEN OF THIS
SECTION; or
(vi) such action is otherwise authorized by law.
d. (i) An explanatory statement shall be prepared of the circumstances
of each disposal by negotiation of:
(A) any personal property which has an estimated fair market value in
excess of fifteen thousand dollars;
(B) any real property that has an estimated fair market value in
excess of one hundred thousand dollars, except that any real property
disposed of by lease or exchange shall only be subject to clauses (C)
[through (E)] AND (D) of this subparagraph;
(C) any real property disposed of by lease [for a term of five years
or less], if the estimated [fair] annual rent OVER THE TERM OF THE LEASE
is in excess of [one hundred thousand dollars for any of such years]
FIFTEEN THOUSAND DOLLARS;
(D) [any real property disposed of by lease for a term of more than
five years, if the total estimated rent over the term of the lease is in
excess of one hundred thousand dollars; or
(E)] any real property or real and related personal property disposed
of by exchange, regardless of value, or any property any part of the
consideration for which is real property.
(ii) Each such statement shall be transmitted to the persons entitled
to receive copies of the report required under section twenty-eight
hundred ninety-six of this title not less than ninety days in advance of
such disposal, and a copy thereof shall be preserved in the files of the
public authority making such disposal.
S 20-a. Section 2897 of the public authorities law is amended by
adding a new subdivision 7 to read as follows:
7. DISPOSAL OF PROPERTY FOR LESS THAN FAIR MARKET VALUE. A. NO ASSET
OWNED, LEASED OR OTHERWISE IN THE CONTROL OF A PUBLIC AUTHORITY MAY BE
S. 12 19 A. 12
SOLD, LEASED, OR OTHERWISE ALIENATED FOR LESS THAN ITS FAIR MARKET VALUE
EXCEPT IF:
(I) THE TRANSFEREE IS A GOVERNMENT OR OTHER PUBLIC ENTITY, AND THE
TERMS AND CONDITIONS OF THE TRANSFER REQUIRE THAT THE OWNERSHIP AND USE
OF THE ASSET WILL REMAIN WITH THE GOVERNMENT OR ANY OTHER PUBLIC ENTITY;
(II) THE PURPOSE OF THE TRANSFER IS WITHIN THE PURPOSE, MISSION OR
GOVERNING STATUTE OF THE PUBLIC AUTHORITY; OR
(III) IN THE EVENT A PUBLIC AUTHORITY SEEKS TO TRANSFER AN ASSET FOR
LESS THAN ITS FAIR MARKET VALUE TO OTHER THAN A GOVERNMENTAL ENTITY,
WHICH DISPOSAL WOULD NOT BE CONSISTENT WITH THE AUTHORITY'S MISSION,
PURPOSE OR GOVERNING STATUTES, SUCH AUTHORITY SHALL PROVIDE WRITTEN
NOTIFICATION THEREOF TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY, AND
THE TEMPORARY PRESIDENT OF THE SENATE, AND SUCH PROPOSED TRANSFER SHALL
BE SUBJECT TO DENIAL BY THE GOVERNOR, THE SENATE, OR THE ASSEMBLY.
DENIAL BY THE GOVERNOR SHALL TAKE THE FORM OF A SIGNED CERTIFICATION BY
THE GOVERNOR. DENIAL BY EITHER HOUSE OF THE LEGISLATURE SHALL TAKE THE
FORM OF A RESOLUTION BY SUCH HOUSE. THE GOVERNOR AND EACH HOUSE OF THE
LEGISLATURE SHALL TAKE ANY SUCH ACTION WITHIN SIXTY DAYS OF RECEIVING
NOTIFICATION OF SUCH PROPOSED TRANSFER DURING THE MONTHS OF JANUARY
THROUGH JUNE, PROVIDED THAT IF THE LEGISLATURE RECEIVES NOTIFICATION OF
A PROPOSED TRANSFER DURING THE MONTHS OF JULY THROUGH DECEMBER, THE
LEGISLATURE MAY TAKE ANY SUCH ACTION WITHIN SIXTY DAYS OF JANUARY FIRST
OF THE FOLLOWING YEAR. IF NO SUCH RESOLUTION OR CERTIFICATION IS
PERFORMED WITHIN SIXTY DAYS OF SUCH NOTIFICATION OF THE PROPOSED TRANS-
FER TO THE GOVERNOR, SENATE, AND ASSEMBLY, THE PUBLIC AUTHORITY MAY
EFFECTUATE SUCH TRANSFER. PROVIDED, HOWEVER, THAT WITH RESPECT TO A
BELOW MARKET TRANSFER BY A LOCAL AUTHORITY THAT IS NOT WITHIN THE
PURPOSE, MISSION OR GOVERNING STATUTE OF THE LOCAL AUTHORITY, IF THE
GOVERNING STATUTE PROVIDES FOR THE APPROVAL OF SUCH TRANSFER BY THE
EXECUTIVE AND LEGISLATIVE BRANCHES OF THE POLITICAL SUBDIVISION IN WHICH
SUCH LOCAL AUTHORITY RESIDES, AND THE TRANSFER IS OF PROPERTY OBTAINED
BY THE AUTHORITY FROM THAT POLITICAL SUBDIVISION, THEN SUCH APPROVAL
SHALL BE SUFFICIENT TO PERMIT THE TRANSFER.
B. IN THE EVENT A BELOW FAIR MARKET VALUE ASSET TRANSFER IS PROPOSED,
THE FOLLOWING INFORMATION MUST BE PROVIDED TO THE AUTHORITY BOARD AND
THE PUBLIC:
(I) A FULL DESCRIPTION OF THE ASSET;
(II) AN APPRAISAL OF THE FAIR MARKET VALUE OF THE ASSET AND ANY OTHER
INFORMATION ESTABLISHING THE FAIR MARKET VALUE SOUGHT BY THE BOARD;
(III) A DESCRIPTION OF THE PURPOSE OF THE TRANSFER, AND A REASONABLE
STATEMENT OF THE KIND AND AMOUNT OF THE BENEFIT TO THE PUBLIC RESULTING
FROM THE TRANSFER, INCLUDING BUT NOT LIMITED TO THE KIND, NUMBER,
LOCATION, WAGES OR SALARIES OF JOBS CREATED OR PRESERVED AS REQUIRED BY
THE TRANSFER, THE BENEFITS, IF ANY, TO THE COMMUNITIES IN WHICH THE
ASSET IS SITUATED AS ARE REQUIRED BY THE TRANSFER;
(IV) A STATEMENT OF THE VALUE TO BE RECEIVED COMPARED TO THE FAIR
MARKET VALUE;
(V) THE NAMES OF ANY PRIVATE PARTIES PARTICIPATING IN THE TRANSFER,
AND IF DIFFERENT THAN THE STATEMENT REQUIRED BY SUBPARAGRAPH (IV) OF
THIS PARAGRAPH, A STATEMENT OF THE VALUE TO THE PRIVATE PARTY; AND
(VI) THE NAMES OF OTHER PRIVATE PARTIES WHO HAVE MADE AN OFFER FOR
SUCH ASSET, THE VALUE OFFERED, AND THE PURPOSE FOR WHICH THE ASSET WAS
SOUGHT TO BE USED.
C. BEFORE APPROVING THE DISPOSAL OF ANY PROPERTY FOR LESS THAN FAIR
MARKET VALUE, THE BOARD OF AN AUTHORITY SHALL CONSIDER THE INFORMATION
DESCRIBED IN PARAGRAPH B OF THIS SUBDIVISION AND MAKE A WRITTEN DETERMI-
S. 12 20 A. 12
NATION THAT THERE IS NO REASONABLE ALTERNATIVE TO THE PROPOSED
BELOW-MARKET TRANSFER THAT WOULD ACHIEVE THE SAME PURPOSE OF SUCH TRANS-
FER.
S 21. Paragraph (b) of subdivision 11 of section 310 of the executive
law, as amended by chapter 628 of the laws of 2003, is amended to read
as follows:
(b) A "STATE AUTHORITY," AS DEFINED IN SUBDIVISION ONE OF SECTION TWO
OF THE PUBLIC AUTHORITIES LAW, AND the following:
Albany County Airport Authority;
Albany Port District Commission;
Alfred, Almond, Hornellsville Sewer Authority;
Battery Park City Authority;
Cayuga County Water and Sewer Authority;
(Nelson A. Rockefeller) Empire State Plaza Performing Arts
Center Corporation;
Industrial Exhibit Authority;
Livingston County Water and Sewer Authority;
Long Island Power Authority;
Long Island Rail Road;
Long Island Market Authority;
Manhattan and Bronx Surface Transit Operating Authority;
Metro-North Commuter Railroad;
Metropolitan Suburban Bus Authority;
Metropolitan Transportation Authority;
Natural Heritage Trust;
New York City Transit Authority;
New York Convention Center Operating Corporation;
New York State Bridge Authority;
New York State Olympic Regional Development Authority;
New York State Thruway Authority;
Niagara Falls Public Water Authority;
Niagara Falls Water Board;
Port of Oswego Authority;
Power Authority of the State of New York;
Roosevelt Island Operating Corporation;
Schenectady Metroplex Development Authority;
State Insurance Fund;
Staten Island Rapid Transit Operating Authority;
State University Construction Fund;
Triborough Bridge and Tunnel Authority.
Upper Mohawk valley regional water board.
Upper Mohawk valley regional water finance authority.
Upper Mohawk valley memorial auditorium authority.
Urban Development Corporation and its subsidiary corporations.
S 21-a. Subdivision 13 of section 310 of the executive law, as added
by chapter 261 of the laws of 1988, is amended to read as follows:
13. "State contract" shall mean: (a) a written agreement or purchase
order instrument, providing for a total expenditure in excess of twen-
ty-five thousand dollars, whereby a contracting agency is committed to
expend or does expend funds in return for labor, services INCLUDING BUT
NOT LIMITED TO LEGAL, FINANCIAL AND OTHER PROFESSIONAL SERVICES,
supplies, equipment, materials or any combination of the foregoing, to
be performed for, or rendered or furnished to the contracting agency;
(b) a written agreement in excess of one hundred thousand dollars where-
by a contracting agency is committed to expend or does expend funds for
the acquisition, construction, demolition, replacement, major repair or
S. 12 21 A. 12
renovation of real property and improvements thereon; and (c) a written
agreement in excess of one hundred thousand dollars whereby the owner of
a state assisted housing project is committed to expend or does expend
funds for the acquisition, construction, demolition, replacement, major
repair or renovation of real property and improvements thereon for such
project. [For the purposes of this article the term "services" shall not
include banking relationships, the issuance of insurance policies or
contracts, or contracts with a contracting agency for the sale of bonds,
notes or other securities.]
S 22. Article 9 of the public authorities law is amended by adding a
new title 12 to read as follows:
TITLE 12
WHISTLEBLOWER ACCESS AND ASSISTANCE PROGRAM
SECTION 2986. WHISTLEBLOWER ACCESS AND ASSISTANCE PROGRAM.
S 2986. WHISTLEBLOWER ACCESS AND ASSISTANCE PROGRAM. 1. DEFINITIONS.
A. "EMPLOYEES OF STATE AND LOCAL AUTHORITIES" MEANS THOSE PERSONS
EMPLOYED AT STATE AND LOCAL AUTHORITIES, INCLUDING BUT NOT LIMITED TO:
FULL-TIME AND PART-TIME EMPLOYEES, THOSE EMPLOYEES ON PROBATION, AND
TEMPORARY EMPLOYEES.
B. "ATTORNEY GENERAL" SHALL MEAN THE ATTORNEY GENERAL OF THE STATE OF
NEW YORK.
C. "WHISTLEBLOWER" SHALL MEAN ANY EMPLOYEE OF A STATE OR LOCAL AUTHOR-
ITY WHO DISCLOSES INFORMATION CONCERNING ACTS OF WRONGDOING, MISCONDUCT,
MALFEASANCE, OR OTHER INAPPROPRIATE BEHAVIOR BY AN EMPLOYEE OR BOARD
MEMBER OF THE AUTHORITY, CONCERNING THE AUTHORITY'S INVESTMENTS, TRAVEL,
ACQUISITION OF REAL OR PERSONAL PROPERTY, THE DISPOSITION OF REAL OR
PERSONAL PROPERTY AND THE PROCUREMENT OF GOODS AND SERVICES.
2. THE DIRECTOR OF THE AUTHORITIES BUDGET OFFICE, AFTER CONSULTATION
WITH THE ATTORNEY GENERAL, SHALL DEVELOP AND RECOMMEND TO THE LEGISLA-
TURE A WHISTLEBLOWER ACCESS AND ASSISTANCE PROGRAM WHICH SHALL INCLUDE,
BUT NOT BE LIMITED TO:
A. EVALUATING AND COMMENTING ON WHISTLEBLOWER PROGRAMS AND POLICIES BY
STATE AND LOCAL AUTHORITIES PURSUANT TO PARAGRAPH (E) OF SUBDIVISION ONE
OF SECTION TWENTY-EIGHT HUNDRED TWENTY-FOUR OF THIS ARTICLE;
B. ESTABLISHING TOLL-FREE TELEPHONE AND FACSIMILE LINES AVAILABLE TO
EMPLOYEES AT STATE AND LOCAL AUTHORITIES;
C. OFFERING ADVICE REGARDING EMPLOYEE RIGHTS UNDER APPLICABLE STATE
AND FEDERAL LAWS AND ADVICE AND OPTIONS AVAILABLE TO ALL PERSONS; AND
D. OFFERING AN OPPORTUNITY FOR EMPLOYEES OF STATE AND LOCAL AUTHORI-
TIES TO IDENTIFY CONCERNS REGARDING ANY ISSUE AT A STATE OR LOCAL
AUTHORITY.
3. ANY COMMUNICATIONS BETWEEN AN EMPLOYEE AND THE AUTHORITIES BUDGET
OFFICE PURSUANT TO THIS SECTION SHALL BE HELD STRICTLY CONFIDENTIAL BY
THE AUTHORITIES BUDGET OFFICE, UNLESS THE EMPLOYEE SPECIFICALLY WAIVES
IN WRITING THE RIGHT TO CONFIDENTIALITY, EXCEPT THAT SUCH CONFIDENTIALI-
TY SHALL NOT EXEMPT THE AUTHORITIES BUDGET OFFICE FROM DISCLOSING SUCH
INFORMATION, WHERE APPROPRIATE, TO THE STATE INSPECTOR GENERAL IN
ACCORDANCE WITH SECTION FIFTY-FIVE OF THE EXECUTIVE LAW, OR PREVENT
DISCLOSURE TO ANY LAW ENFORCEMENT AUTHORITY.
S 23. The public authorities law is amended by adding a new section
2857 to read as follows:
S 2857. ACTIONS BY AN AUTHORITY. NO STATE OR LOCAL AUTHORITY SHALL
FIRE, DISCHARGE, DEMOTE, SUSPEND, THREATEN, HARASS OR DISCRIMINATE
AGAINST AN EMPLOYEE BECAUSE OF THE EMPLOYEE'S ROLE AS A WHISTLEBLOWER,
INSOFAR AS THE ACTIONS TAKEN BY THE EMPLOYEE ARE LEGAL.
S. 12 22 A. 12
S 24. Article 9 of the public authorities law is amended by adding a
new title 12-A to read as follows:
TITLE 12-A
PUBLIC AUTHORITIES LOBBYING CONTACTS
SECTION 2987. LOBBYING CONTACTS.
S 2987. LOBBYING CONTACTS. 1. DEFINITIONS. AS USED IN THIS TITLE:
A. "LOBBYIST" SHALL HAVE THE SAME MEANING AS DEFINED IN SECTION ONE-C
OF THE LEGISLATIVE LAW.
B. "LOBBYING" SHALL MEAN AND INCLUDE ANY ATTEMPT TO INFLUENCE:
(I) THE ADOPTION OR REJECTION OF ANY RULE OR REGULATION HAVING THE
FORCE AND EFFECT OF LAW BY A PUBLIC AUTHORITY, AND
(II) THE OUTCOME OF ANY RATE MAKING PROCEEDING BY A PUBLIC AUTHORITY.
C. "CONTACT" SHALL MEAN ANY CONVERSATION, IN PERSON OR BY TELEPHONIC
OR OTHER REMOTE MEANS, OR CORRESPONDENCE BETWEEN ANY LOBBYIST ENGAGED IN
THE ACT OF LOBBYING AND ANY PERSON WITHIN A STATE AUTHORITY WHO CAN MAKE
OR INFLUENCE A DECISION ON THE SUBJECT OF THE LOBBYING ON BEHALF OF THE
AUTHORITY, AND SHALL INCLUDE, AT A MINIMUM, ALL MEMBERS OF THE GOVERNING
BOARD AND ALL OFFICERS OF THE STATE AUTHORITY.
2. EVERY STATE AUTHORITY SHALL MAINTAIN A RECORD OF ALL LOBBYING
CONTACTS MADE WITH SUCH AUTHORITY.
3. EVERY MEMBER, OFFICER OR EMPLOYEE OF A STATE AUTHORITY WHO IS
CONTACTED BY A LOBBYIST SHALL MAKE A CONTEMPORANEOUS RECORD OF SUCH
CONTACT CONTAINING THE DAY AND TIME OF THE CONTACT, THE IDENTITY OF THE
LOBBYIST AND A GENERAL SUMMARY OF THE SUBSTANCE OF THE CONTACT.
4. EACH STATE AUTHORITY SHALL ADOPT A POLICY IMPLEMENTING THE REQUIRE-
MENTS OF THIS SECTION. SUCH POLICY SHALL APPOINT AN OFFICER TO WHOM ALL
SUCH RECORDS SHALL BE DELIVERED. SUCH OFFICER SHALL MAINTAIN SUCH
RECORDS FOR NOT LESS THAN SEVEN YEARS IN A FILING SYSTEM DESIGNED TO
ORGANIZE SUCH RECORDS IN A MANNER SO AS TO MAKE SUCH RECORDS USEFUL TO
DETERMINE WHETHER THE DECISIONS OF THE AUTHORITY WERE INFLUENCED BY
LOBBYING CONTACTS.
S 25. Subdivision 1 of section 552 of the public authorities law, as
amended by section 7 of part H of chapter 25 of the laws of 2009, is
amended to read as follows:
1. A board, to be known as "Triborough bridge and tunnel authority" is
hereby created. Such board shall be a body corporate and politic consti-
tuting a public benefit corporation. It shall consist of seventeen
members, all serving ex officio. Those members shall be the persons who
from time to time shall hold the offices of chairman and members of
metropolitan transportation authority. The chairman of such board shall
be the chairman of metropolitan transportation authority, serving ex
officio, and, provided that there is an executive director of the metro-
politan transportation authority, the executive director of the authori-
ty shall be the executive director of the metropolitan transportation
authority, serving ex officio. Notwithstanding [subdivision three of
section twenty-eight hundred twenty-four of this chapter or] any [other]
provision of law to the contrary, the chairman shall be the chief execu-
tive officer of the authority and shall be responsible for the discharge
of the executive and administrative functions and powers of the authori-
ty. The chairman and executive director, if any, each shall be
empowered to delegate his or her functions and powers to the executive
officer of the Triborough bridge and tunnel authority or to such person
as may succeed to the powers and duties of said executive officer. The
chairman and other members of the board hereby created, and the execu-
tive director, if any, shall not be entitled to compensation for their
services hereunder but shall be entitled to reimbursement for their
S. 12 23 A. 12
actual and necessary expenses incurred in the performance of their offi-
cial duties.
S 26. Subdivision 2 of section 1201 of the public authorities law, as
amended by section 6 of part H of chapter 25 of the laws of 2009, is
amended to read as follows:
2. The chairman of such board shall be the chairman of metropolitan
transportation authority, serving ex officio, and, provided that there
is an executive director of the metropolitan transportation authority,
the executive director of the authority shall be the executive director
of the metropolitan transportation authority, serving ex officio.
Notwithstanding [subdivision three of section twenty-eight hundred twen-
ty-four of this chapter or] any [other] provision of law to the contra-
ry, the chairman shall be the chief executive officer of the authority
and shall be responsible for the discharge of the executive and adminis-
trative functions and powers of the authority. The chairman and execu-
tive director, if any, each shall be empowered to delegate his or her
functions and powers to one or more officers or employees designated by
him or her.
S 27. Paragraph (a) of subdivision 4 of section 1263 of the public
authorities law, as amended by section 5 of part H of chapter 25 of the
laws of 2009, is amended to read as follows:
(a) Notwithstanding [subdivision three of section twenty-eight hundred
twenty-four of this chapter or] any [other] provision of law to the
contrary, the chairman shall be the chief executive officer of the
authority and shall be responsible for the discharge of the executive
and administrative functions and powers of the authority. The chairman
may appoint an executive director and such other officials and employees
as shall in his or her [judgement] JUDGMENT be needed to discharge the
executive and administrative functions and powers of the authority.
S 28. The opening paragraph of subdivision 5 of section 1266 of the
public authorities law, as amended by section 8 of part H of chapter 25
of the laws of 2009, is amended to read as follows:
The authority may acquire, hold, own, lease, establish, construct,
effectuate, operate, maintain, renovate, improve, extend or repair any
transportation facilities through, and cause any one or more of its
powers, duties, functions or activities to be exercised or performed by,
one or more wholly owned subsidiary corporations of the authority, or by
New York city transit authority or any of its subsidiary corporations in
the case of transit facilities and may transfer to or from any such
corporations any moneys, real property or other property for any of the
purposes of this title upon such terms and conditions as shall be agreed
to and subject to such payment or repayment obligations as are required
by law or by any agreement to which any of the affected entities is
subject. The directors or members of each such subsidiary corporation of
the authority corporation shall be the same persons holding the offices
of members of the authority. The chairman of the board of each such
subsidiary shall be the chairman of the authority, serving ex officio
and, provided that there is an executive director of the metropolitan
transportation authority, the executive director of such subsidiary
shall be the executive director of the metropolitan transportation
authority, serving ex officio. Notwithstanding [subdivision three of
section twenty-eight hundred twenty-four of this chapter or] any [other]
provision of law to the contrary, the chairman shall be the chief execu-
tive officer of each such subsidiary and shall be responsible for the
discharge of the executive and administrative functions and powers of
each such subsidiary. The chairman and executive director, if any, shall
S. 12 24 A. 12
be empowered to delegate his or her functions and powers to one or more
officers or employees of each such subsidiary designated by him or her.
Each such subsidiary corporation of the authority and any of its proper-
ty, functions and activities shall have all of the privileges, immuni-
ties, tax exemptions and other exemptions of the authority and of the
authority's property, functions and activities. Each such subsidiary
corporation shall be subject to the restrictions and limitations to
which the authority may be subject. Each such subsidiary corporation of
the authority shall be subject to suit in accordance with section twelve
hundred seventy-six of this title. The employees of any such subsidiary
corporation, except those who are also employees of the authority, shall
not be deemed employees of the authority.
S 28-a. Transfer of powers, duties and functions. All powers, duties
and functions conferred upon the former authority budget office created
by section 27 of chapter 766 of the laws of 2005, as repealed by section
five-b of this act, shall be transferred to and assumed by the authori-
ties budget office established by section 4 of title 2 of the public
authorities law, as added by section five of this act.
S 28-b. Transfer of appropriation authority. Upon transfer of the
powers, duties and functions conferred upon the former authority budget
office created by section 27 of chapter 766 of the laws of 2005, as
repealed by section five-b of this act, to the authorities budget office
established pursuant to a chapter of the laws of 2009, the authorities
budget office shall have the authority to use any funding appropriated
to the authority budget office pursuant to chapter 50 of the laws of
2009 for services, and expenses including but not limited to the respon-
sibilities, obligations, functions, operations, and prior year liabil-
ities of the authority budget office.
S 28-c. Transfer of records. The former authority budget office
created by section 27 of chapter 766 of the laws of 2005, as repealed by
section five-b of this act, shall deliver to the authorities budget
office established by section 4 of title 2 of the public authorities
law, as added by section five of this act, all books, papers, records,
and property as requested by the independent office of public authority
accountability.
S 28-d. Transfer of employees. Upon the transfer of the functions of
the former authority budget office created by section 27 of chapter 766
of the laws of 2005, as repealed by section five-b of this act, to the
authorities budget office established by section 4 of title 2 of the
public authorities law, as added by section five of this act, and as
provided for in this act, any affected employees may be transferred to
the authorities budget office in accordance with section 70 of the civil
service law.
S 28-e. Continuity of authority. For the purpose of succession to all
functions, powers, duties and obligations transferred and assigned to,
devolved upon and assumed by it pursuant to this act, the authorities
budget office established by section 4 of title 2 of the public authori-
ties law, as added by section five of this act, shall be deemed and held
to constitute the continuation of the former authority budget office
created by section 27 of chapter 766 of the laws of 2005, as repealed by
section five-b of this act, pertaining to the powers and functions here-
in transferred.
S 28-f. Completion of unfinished business. Any business or other
matter undertaken or commenced by the former authority budget office
created by section 27 of chapter 766 of the laws of 2005, as repealed by
section five-b of this act, pertaining to or connected with the func-
S. 12 25 A. 12
tions, powers, obligations and duties hereby transferred and assigned to
the authorities budget office established by section 4 of title 2 of the
public authorities law, as added by section five of this act, and pend-
ing on the effective date of this act may be conducted and completed by
the authorities budget office established pursuant to section 4 of title
2 of the public authorities law, as added by section five of this act,
in the same manner and under the same terms and conditions and with the
same effect as if conducted and completed by the former authority budget
office.
S 28-g. Terms occurring in laws, contracts and other documents. When-
ever the former authority budget office created by section 27 of chapter
766 of the laws of 2005, as repealed by section five-b of this act, is
referred to or designated in any law, contract or documents pertaining
to the functions, powers, obligations and duties hereby transferred and
assigned to the authorities budget office established pursuant to
section 4 of title 2 of the public authorities law, as added by section
five of this act, such reference or designation shall be deemed to refer
to the authorities budget office established pursuant to section 4 of
title 2 of the public authorities law, as added by section five of this
act.
S 28-h. Existing rights and remedies preserved. No existing right or
remedy of any character shall be lost, impaired or affected by reason of
this act.
S 28-i. Pending actions and proceedings. No action or proceeding pend-
ing on the effective date of this act, brought by or against the former
authority budget office created by section 27 of chapter 766 of the laws
of 2005, as repealed by section five-b of this act, relating to the
function, power or duty transferred to or devolved upon the authorities
budget office established pursuant to section 4 of title 2 of the public
authorities law, as added by section five of this act, shall be affected
by this act, but the same may be prosecuted or defended in the name of
the authorities budget office established pursuant to section 4 of title
2 of the public authorities law, as added by section five of this act,
and upon application to the court, such office established pursuant to
section 4 of title 2 of the public authorities law, as added by section
five of this act, shall be substituted as a party.
S 29. A chapter of the laws of 2009 amending the public authorities
law and the executive law, relating to the creation of an authorities
budget office, as proposed in legislative bills numbers S.1537-C and
A.2209-C, is REPEALED.
S 30. Severability. If any provision of this act or its application to
any person or circumstance is held invalid, this invalidity does not
affect other provisions or applications of this act that can be given
effect without the invalid provision or application, and to this end the
provisions of this act are declared to be severable.
S 31. This act shall take effect March 1, 2010; provided, however that
the amendments to paragraph (b) of subdivision 11 and subdivision 13 of
section 310 of the executive law made by sections twenty-one and twen-
ty-one-a of this act shall not affect the expiration of such section and
shall be deemed to expire therewith; provided further, that the
provisions of sections eleven-b, eleven-c, eleven-d, eleven-f and
eleven-g of this act shall not apply to any executive director or chief
executive officer appointed prior to the effective date of this act;
provided further, that section fourteen-a of this act shall expire and
be deemed repealed June 30, 2012; and provided further, that section
S. 12 26 A. 12
twenty-a of this act shall apply only to the disposal of property
authorized by the board of a public authority after such effective date.
