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March (pdf) - New York Power Authority

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<strong>March</strong> 29, 2011<br />

4. 2010 Financial Reports Pursuant to<br />

Section 2800 of the Public Authorities Law and<br />

Regulations of the Office of the State Comptroller<br />

SUMMARY<br />

The President and Chief Executive Officer submitted the following report:<br />

“The Trustees are requested to approve the financial report for the year ended December 31, 2010 and<br />

authorize the Corporate Secretary to submit this report to the Governor, legislative leaders and the State<br />

Comptroller pursuant to Section 2800 of the Public Authorities Law, as amended by the Public Authorities<br />

Accountability Act of 2009 (‘PAAA’). In accordance with regulations adopted by the Office of the State<br />

Comptroller (‘OSC’), the Trustees are also requested to approve and authorize posting of a report of actual vs.<br />

budgeted results for the year 2010 on the <strong>Authority</strong>’s web site.<br />

BACKGROUND<br />

“The PAAA reflects the State’s commitment to maintaining public confidence in public authorities by<br />

ensuring that the essential governance principles of accountability, transparency and integrity are followed at all<br />

times. To facilitate these objectives, the PAAA established an independent Authorities Budget Office (‘ABO’)<br />

that monitors and evaluates the compliance of State authorities with the requirements of the Act. The PAAA<br />

became effective with the <strong>Authority</strong>’s fiscal year beginning January 1, 2006. The PAAA amended Section 2800<br />

of the Public Authorities Law to require that financial reports submitted by a State authority under Section 2800<br />

be certified by the chief executive officer and chief financial officer and approved by the authority’s board.<br />

“Following rulemaking proceedings undertaken pursuant to the State Administrative Procedure Act, OSC<br />

implemented regulations on <strong>March</strong> 29, 2006 that address the preparation of annual budgets and related reporting<br />

requirements by ‘covered’ public authorities, including the <strong>Authority</strong>. These regulations establish various<br />

procedural and substantive requirements relating to the budgets and require the chief financial officer to report<br />

publicly not later than 90 days after the close of each fiscal year on actual versus budgeted results.<br />

DISCUSSION<br />

“The Trustees are requested to approve the required financial report for the year ended December 31, 2010<br />

(Exhibit ‘4-A’) and authorize the Corporate Secretary to submit this report to the Governor, legislative leaders, the<br />

State Comptroller and the ABO pursuant to Section 2800 of the Public Authorities Law, as amended by the PAAA.<br />

This report was reviewed by the Audit Committee at its meeting of <strong>March</strong> 14, 2011. The Trustees are also<br />

requested to approve a report of actual vs. budgeted results for the year 2010 (Exhibit ‘4-B’) and authorize posting<br />

it on the <strong>Authority</strong>’s website.<br />

FISCAL INFORMATION<br />

“There is no anticipated fiscal impact.<br />

RECOMMENDATION<br />

“The Vice President and Controller recommends that the Trustees approve and authorize submittal of the<br />

attached reports (Exhibits ‘4-A’ and ‘4-B’) as discussed herein.<br />

“For the reasons stated, I recommend the approval of the above-requested action by adoption of a<br />

resolution in the form of the attached draft resolution.”<br />

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