FEA - NYS Financial Emergency Act for the city of NY 868/75

       NEW YORK STATE FINANCIAL EMERGENCY ACT FOR THE CITY OF NEW YORK *  Section  1.   Short title.           2.   Definitions.           2-a. Legislative declaration of financial emergency.           3.   General rights and prohibitions.           4.   Power  of  city  or  covered organization to determine the                  expenditure of available funds.           5.   New York state financial control board; created.           6.   Administration of the board.           7.   Functions of the board.           7-a. Reports of the city.           8.   Development of the financial plan.           9.   Establishment and application of the board fund.           9-a. Establishment and application of a  general  debt  service                  fund.           9-b. Limitations on short-term borrowing.          10.   Wage freeze.          10-a. Covenants, authorizations to agree and remedies.          11.   Prohibitions; penalties.          12.   Indemnification.          13.   Termination.          14.   Separability.          15.   Court preference.            * Terminates July 1, 2008 or ... see § 13            * Section  1.   Short  title.  This act shall be known and may          be cited as the "New York State Financial Emergency Act for  The          City of New York".            * Terminates July 1, 2008 or ... see § 13            * §  2.  Definitions. As used in this act, the following words          and terms shall have the following meanings unless  the  context          shall indicate another or different meaning or intent.            1.  "Comptroller"  means  the  comptroller of the state of New          York.            2. "City" means the city of New York.            3. "Mayor" means the mayor of the city of New York.            4. "City comptroller" means the comptroller of the city.            5.  "Covered  organization"  means  any  governmental  agency,          public authority or public benefit corporation which receives or          may  receive monies directly, indirectly or contingently, (other          than monies received for the sale of goods or the  rendering  of          services  or  the loan of monies to the city) from the city, and          in  any  event  includes,  without  limitation,  the  board   of          education of the city of New York, the board of higher education          of  the city of New York, the New York city transitional finance          authority, the health and hospitals corporation,  the  New  York          city transit authority, the New York city housing authority, the          New  York  city housing development corporation, city university          construction fund, Battery park city authority,  New  York  city          convention  and  exhibition  center  corporation,  Manhattan and          Bronx surface transit operating authority, Staten  Island  rapid          transit  operating authority, the New York city sports authority          and the Brooklyn sports center authority but shall  not  include          (i)  any governmental agency, public authority or public benefit          corporation specifically exempted from the  provisions  of  this          act  by  order  of  the  board  upon application of such agency,          authority, or corporation to the board or  at  the  board's  own          motion  upon a finding by the board that such exemption does not          materially affect the ability of the city to adopt and  maintain

          a  budget  pursuant  to  the provisions of this act and provided          that at the time of such exemption there  shall  have  been  and          during  the  period  of  such exemption there shall be an annual          audit  by  a  nationally recognized independent certified public          accounting firm or consortium of firms, one of which shall be  a          nationally   recognized  firm,  of  the  covered  organization's          financial statements  performed  in  accordance  with  generally          accepted  auditing  standards and report by such auditor thereon          which includes an  opinion  that  the  financial  statements  so          audited have been prepared in accordance with generally accepted          accounting  principles (subject to the provisions of subdivision          two-a of section eight of this act) and such  other  information          as  such  auditors  deem  appropriate,  (ii)  any  state  public          authority as defined in section two hundred  one  of  the  civil          service  law,  unless  specifically  named  above,  or (iii) any          governmental agency, authority,  commission  or  instrumentality          created  by  compact  or agreement between the state of New York          and another state or states; provided, however, that  the  board          may  terminate  any  exemption  granted  by  order  of the board          pursuant to this  subdivision  upon  a  determination  that  the          circumstances  upon  which  such  exemption  was  granted are no          longer applicable.            6. "Board" means the governmental agency  created  by  section          five of this act.            7.  "Deputy  comptroller" means the deputy comptroller for the          city of New York created by section forty-one-a of the executive          law.            8. "Municipal assistance corporation for the city of New York"          means the corporate governmental agency created by section three          thousand thirty-three of the public authorities law.            9. "Short-term obligations" means tax anticipation notes, bond          anticipation notes, revenue anticipation notes, budget notes and          urban renewal notes of the city.            10. "Revenues" mean all taxes, federal and state  aid,  rents,          fees,  charges, payments, all proceeds from borrowings and other          income and receipts paid or payable to or for the account of the          city or any of the covered organizations.            11. "Financial plan" means the financial plan of the city  and          the  covered  organizations  to be developed pursuant to section          eight of this act, as from time to time modified.            12. "Control  period"  means  the  period  of  time  from  the          effective  date  of this act until the date when (a) there shall          no longer be effective  or  outstanding  any  guarantee  by  the          United  States  of  America  as  to  payment  of principal of or          interest on any note or bond issued  by  the  city  or  a  state          financing agency, (b) the board shall determine, based on annual          audit reports furnished in accordance with section seven-a, that          for  each  of  the three immediately preceding fiscal years, the          city  has  adopted  and  adhered   to   budgets   covering   all          expenditures  other than capital items, the results of which did          not show a deficit when reported in  accordance  with  generally          accepted  accounting  principles  subject  to  the provisions of          subdivision two-a of section eight  of  this  act  and  (c)  the          comptroller of the state and the comptroller of the city jointly          shall  certify that securities sold by or for the benefit of the          city during the fiscal year immediately preceding such date  and          the  then  current  fiscal  year  in  the  general public market          satisfied the capital and seasonal financing requirements of the

          city  during  such  period  and  that  there  is  a  substantial          likelihood  that  such  securities  can  be  sold in the general          public market from  such  date  through  the  end  of  the  next          succeeding   fiscal   year   in   amounts   which  will  satisfy          substantially  all  of  the  capital  and   seasonal   financing          requirements  of  the city during such period in accordance with          the financial plan then  in  effect,  provided  that  for  these          purposes  sales  to  any  fund whose governing body includes any          designated representative  of  the  state  or  city  or  to  any          financial  institution which participates in a private placement          for the purchase of securities  for  the  benefit  of  the  city          during  its  nineteen hundred seventy-nine fiscal year shall not          be deemed sales in the general public market, unless in the case          of sales to  such  a  financial  institution  such  comptrollers          jointly  certify at the time of each such sale that a sale could          have been made in such amount and on reasonably comparable terms          in the general public market. After termination of  the  control          period  in  accordance  with  the foregoing provisions and until          there shall no longer be outstanding any notes or  bonds  issued          by  the  city  or a state financing agency which are entitled to          the benefits of the pledge and agreement authorized  by  section          ten-a  hereof,  the board shall reimpose a control period upon a          determination at any time that any of the following  events  has          occurred or that there is a substantial likelihood and imminence          of  such  occurrence:  (i) the city shall have failed to pay the          principal of or interest on any of its bonds or notes  when  due          or  payable  (other  than notes held by the municipal assistance          corporation for the city of New York to  the  extent  that  such          corporation  has  evidenced  its  intention  not to present such          notes  for  payment  during  the  fiscal  year  in   which   the          determination is made provided that such notes were held by such          corporation on June thirtieth, nineteen hundred seventy-eight or          were  issued in exchange for or in refunding or renewal of notes          held by such corporation on such date), (ii) the city shall have          incurred a deficit of more  than  one  hundred  million  dollars          during its fiscal year in the results of operations covered by a          budget  covering  all  expenditures  other than capital items as          reported  in  accordance  with  generally  accepted   accounting          principles,  subject  to  the provisions of subdivision two-a of          section eight of this act, (iii)  the  city  shall  have  issued          notes in violation of section nine-b of this act as amended from          time  to  time,  (iv) the city shall have otherwise violated any          provision of this act and such violation  substantially  impairs          the  ability  of the city to pay principal of or interest on its          bonds or notes when due and payable or its ability to  adopt  or          adhere  to a budget covering all expenditures other than capital          items  balanced  in  accordance  with  this  act  or   (v)   the          comptrollers' joint certification at any time, at the request of          the  board or on the comptrollers' joint initiative, which joint          certification shall be made from time to  time  as  promptly  as          circumstances  warrant  and  reported  to the board, that on the          basis of facts existing at such time they  could  not  make  the          joint  certification  described  by  clause (c) of the preceding          sentence. The board shall terminate any such  reimposed  control          period  when  it  determines  that  none of the conditions which          would permit the board to reimpose a control period exist. After          termination  of  a  control  period  the  board  shall  annually          consider  items  (i) through (v) above and determine whether, in

          its judgment, any of the events described  in  such  items  have          occurred  and  the  board shall publish each such determination.          Each such joint certification made by the comptrollers hereunder          shall  be  based  on their separate written determinations which          shall take into account a report and  opinion  of  a  nationally          recognized  independent  expert  in  the  marketing of municipal          securities  selected  by  the  board  as  well  as   any   other          information  which may be available to each comptroller and each          such separate written determination by  the  comptrollers  shall          have  annexed  thereto the report and opinion of such expert and          any other information taken  into  account  and  shall  be  made          public  when delivered to the board. Notwithstanding any part of          the foregoing to the contrary, in no  event  shall  any  control          period  continue  beyond  the  earlier  of  (a)  July first, two          thousand eight or (b) the date (i)  when  all  bonds  and  notes          containing  the pledge and agreement authorized by section ten-a          of this act are  refunded,  redeemed,  discharged  or  otherwise          defeased  or  (ii) when there shall no longer be outstanding any          guarantee by the United States  of  America  or  any  agency  or          instrumentality  thereof  as  to  payment  of  principal  of  or          interest on any note or bond issued  by  the  city  or  a  state          financing agency, whichever of (i) or (ii) shall occur later.            13. "Debt service repayment account" means the special account          established pursuant to subdivision four of section nine of this          act.            14.  "Fund"  means  the  general debt service fund established          pursuant to section nine-a of this act.            15. "Board fund" means the board fund established pursuant  to          section nine of this act.            16. "TAN debt service account" means the tax anticipation note          debt  service  account  established  within the fund pursuant to          section nine-a of this act.            17. "RAN debt service account" means the revenue  anticipation          note  debt  service account established within the fund pursuant          to section nine-a of this act.            18. "Available funds" means at any  date  of  computation  the          monies  held by the city or a covered organization which (i) are          not required (a) to be applied to the fund, the TAN debt service          account, the RAN debt service account or otherwise to  meet  the          debt   service   requirements   of  the  city  and  the  covered          organizations on their bonds and notes  (other  than  bonds  and          notes   of  covered  organizations  payable  from  revenues  not          included in the fund) as they become due, or (b)  to  pay  other          liabilities  of  the  city  and the covered organizations having          statutory or contractual priority over remaining liabilities  of          the  city and the covered organizations, and (ii) therefore, may          be applied to the payment of other obligations on  an  allocated          basis  as  specified  by the city for expenditures in accordance          with a financial plan.            19. "Available tax levy" with  respect  to  an  issue  of  tax          anticipation  notes  means  at any date of computation the total          amount of city  real  estate  taxes  or  assessments  projected,          consistent  with  the  financial  plan  then  in  effect,  to be          received in cash on  or  before  the  fifth  day  preceding  the          maturity  date of such tax anticipation note issue, less amounts          required during the period between the date of  computation  and          the  fifth  day preceding such maturity date to be paid into the          general debt service fund or otherwise required to pay  interest

          payable  on  other  outstanding  city bonds and notes, principal          (including  payments  into  sinking   funds)   coming   due   on          outstanding  city  bonds  and  principal to be paid from sources          other  than  the  proceeds  of  bonds  or renewal notes on other          outstanding city notes (exclusive of revenue anticipation  notes          or renewals thereof issued less than two years prior to the date          of  computation)  but  not including payments from sinking funds          required by the terms of certain city bonds. For the purposes of          this  subdivision  such  amounts  required  shall  not   include          principal  of  or  interest on any notes of the city held by the          municipal assistance corporation for the city of New York to the          extent that such corporation has evidenced its intention not  to          present  such  notes for payment of principal or interest during          the fiscal year in which the computation is made  provided  that          such  notes  were  held  by  such corporation on June thirtieth,          nineteen hundred seventy-eight or were issued in exchange for or          in refunding or renewal of notes held  by  such  corporation  on          such date.            20.  "State  financing  agency" means the municipal assistance          corporation for the city of New York or its successor.            * Terminates July 1, 2008 or ... see § 13            * § 2-a. Legislative declaration of financial  emergency.  The          legislature  hereby finds and declares that a state of financial          emergency continues to exist within the  city.  The  legislature          further finds and declares that the maintenance by the city of a          balanced budget in accordance with generally accepted accounting          principles  and  the  city's  borrowing  practices  are and will          continue to be a matter of overriding state concern, and that it          is  also  appropriate  and  desirable  for  the  legislature  to          exercise  its  duty under section twelve of article eight of the          state constitution to restrict the powers of the city to prevent          abuses  in  taxation  and  assessments  and  in  contracting  of          indebtedness by the city.            * Terminates July 1, 2008 or ... see § 13            * §  3.  General  rights and prohibitions. 1. Neither the city          nor any covered organization shall borrow or expend any  monies,          or  in any way, directly or indirectly, expressly or implicitly,          engage its credit during any control period except in compliance          with the provisions of this act.            2. Nothing contained in this act shall limit the right of  the          city  or  any covered organization to comply with the provisions          of any existing contract with or for the benefit of the  holders          of  any  bonds or notes of the city or such covered organization          or any public authority or public benefit corporation.            3. Nothing contained in this act shall be construed to  impair          the right of employees to organize or to bargain collectively.            * Terminates July 1, 2008 or ... see § 13            * §  4. Power of city or covered organization to determine the          expenditure of available funds. Nothing contained  in  this  act          shall  be  construed to limit the power of the city or a covered          organization to determine, from time to time,  within  available          funds  for  the  city  or  for  such  covered  organization, the          purposes for which expenditures are to be made by  the  city  or          such  covered organization and the amounts of such expenditures,          consistent with the aggregate expenditures then permitted  under          the financial plan for the city or such covered organization.            * Terminates July 1, 2008 or ... see § 13

            * §  5. New York state financial control board; created. There          is hereby created the New York state  financial  control  board.          The  board shall be a governmental agency and instrumentality of          the state and it shall have such powers and functions as are set          forth in this act.            * Terminates July 1, 2008 or ... see § 13            * §  6.  Administration of the board. 1. The membership of the          board shall be the governor, the state comptroller (pursuant  to          his  authority  to  supervise  the  accounts  of  any  political          subdivision of the state), the mayor, the city  comptroller  and          three  members  appointed  by  the  governor with the advice and          consent of the senate. At least two  of  the  appointed  members          shall  be residents of the city or have their principal place of          business in the city. Such appointed members shall serve at  the          pleasure  of the governor. The governor shall be the chairman of          the board and the governor or his representative  shall  preside          over  all meetings of the board. The board shall act by majority          vote of the entire board. The board shall maintain a  record  of          its  proceedings  in  such  form  as  it may determine, but such          record shall indicate attendance and  all  votes  cast  by  each          member.  Every  member of the board, who is otherwise an elected          official of the state or city, shall be entitled to designate  a          representative  to  attend,  in his place, meetings of the board          and to vote or otherwise act in his behalf.  Written  notice  of          such  designation  shall  be  furnished  to  the  board  by  the          designating  member  prior  to  any  meeting  attended  by   his          representative.  Any  such  representative  shall  serve  at the          pleasure of the designating member. No such representative shall          be authorized to delegate any of his duties or functions to  any          other  person.  The  lieutenant governor, temporary president of          the senate, the minority  leader  of  the  senate,  speaker  and          minority leader of the assembly, the president of the council of          the  city  of  New  York,  the  city board of estimate acting by          majority vote, and the vice-chairman and the minority leader  of          the  council  of the city of New York, shall each be entitled to          appoint a representative to the board.  Each such representative          shall be entitled  to  receive  notice  of  and  to  attend  all          meetings  of  the  board  but  shall not be entitled to vote. No          representative shall be an employee or officer of  the  federal,          state  or  city  governments. Each representative shall serve at          the pleasure of  the  appointing  official  or  body,  shall  be          eligible  for  reappointment,  and  shall  hold office until his          successor has been appointed.            2.  Notwithstanding  any  inconsistent  provisions   of   law,          general,  special or local, no officer or employee of the state,          or political subdivision of the state, any  governmental  entity          operating any public school or college or other public agency or          instrumentality   or   unit   of   government   which  exercises          governmental powers under the laws of the state,  shall  forfeit          his  office  or  employment  by  reason  of  his  acceptance  or          appointment as a member, representative,  officer,  employee  or          agent   of   the   board  nor  shall  service  as  such  member,          representative, officer, employee  or  agent  of  the  board  be          deemed   incompatible   or  in  conflict  with  such  office  or          employment.            3. The members of the board appointed by the governor and  all          representatives  designated  by members of the board shall serve          without salary or per diem allowance but shall  be  entitled  to

          reimbursement  for actual and necessary expenses incurred in the          performance of official duties under this act, provided  however          that  such members and representatives are not, at the time such          expenses  are  incurred,  public employees otherwise entitled to          such reimbursement.            4. The governor and  the  mayor,  jointly,  shall  appoint  an          executive  director of the board who shall serve at the pleasure          of the board and may be removed by  the  board.  The  board  may          delegate  to  the  executive  director  or to one or more of its          other officers, employees or agents, such powers and  duties  as          the  board  may deem proper, except any duties inconsistent with          the duties and functions  prescribed  by  any  other  office  or          position any such person may hold.            * Terminates July 1, 2008 or ... see § 13            * § 7. Functions of the board. 1. In carrying out the purposes          of this act, the board shall perform the following functions:            a.  In accordance with the provisions of section eight of this          act, the board shall (i) consult with the city and  the  covered          organizations  in  the  preparation  of  the financial plan, and          certify to the city the revenue estimates approved therein, (ii)          prescribe the form of the  financial  plan  and  the  supporting          information required in connection therewith, and (iii) exercise          the  rights  of  approval,  disapproval  and  modification  with          respect to the financial plan, including but not limited to  the          revenue estimates contained therein.            b.  The  board,  to  the  extent  it  deems  it  necessary  or          appropriate in order to accomplish the  purposes  of  this  act,          shall  establish  and  adopt  procedures with respect to the (i)          proper maintenance of the  board  fund,  (ii)  the  deposit  and          investment  of  revenues  in such fund and (iii) disbursement of          monies from such fund.            c. The board shall, from time to time and  to  the  extent  it          deems  necessary  or  appropriate  in  order  to  accomplish the          purposes of this act, (i)  review  the  operations,  management,          efficiency  and productivity of such city operations and of such          covered organizations or  portions  thereof  as  the  board  may          determine,  and make reports thereon; (ii) audit compliance with          the financial plan in such areas as  the  board  may  determine;          (iii)  recommend  to the city and the covered organizations such          measures relating to their  operations,  management,  efficiency          and  productivity  as  it  deems appropriate to reduce costs and          improve services so as to advance the purposes of this act;  and          (iv)  obtain information of the financial condition and needs of          the city and the covered  organizations.  Nothing  herein  shall          diminish the powers of the comptroller otherwise provided by law          and  the  board may request the assistance of the comptroller in          performing the above functions.            d. The board (i) shall receive from the city  and  review  the          reports  to  be prepared by or on behalf of the city pursuant to          section seven-a; (ii)  shall  receive  from  the  city  and  the          covered organizations and from the deputy comptroller, and shall          review such financial statements and projections, budgetary data          and  information,  and  management  reports and materials as the          board deems necessary or desirable to accomplish the purposes of          this act; and (iii) shall inspect, copy and audit such books and          records of the city and the covered organizations as  the  board          deems  necessary or desirable to accomplish the purposes of this          act.

            e. All contracts entered into  by  the  city  or  any  covered          organization  must be consistent with the provisions of this act          and must comply with the requirements of the financial  plan  as          approved  by  the  board. With respect to all contracts or other          obligations  to  be  entered  into  by  the  city or any covered          organization   after   October   fifteenth,   nineteen   hundred          seventy-five, requiring the payment of funds or the incurring of          costs by the city or any covered organization:            (i) Within twenty days from the effective date of this act the          mayor shall present to the board proposed regulations respecting          the  categories  and  types  of  contracts and other obligations          required  to  be  reviewed  by  the  board  pursuant   to   this          subdivision  e.  Within  thirty  days from the effective date of          this act, the board shall approve or  modify  and  approve  such          proposed  regulations  or  promulgate  its own in the event that          such proposed regulations are not submitted  to  it  within  the          twenty  days  as  provided  for  herein.  Such  regulations  may          thereafter be modified by the board from time  to  time  on  not          less than thirty days notice to the mayor and the mayor may from          time   to  time  propose  modifications  to  the  board.  Unless          expressly disapproved or modified by  the  board  within  thirty          days from the date of submission by the mayor, any such proposed          regulations  or  modifications  shall  be deemed approved by the          board;            (ii) Prior to entering into any contract or other  obligations          subject  to  review of the board under its regulations, the city          or any covered organization shall submit a copy of such contract          or other obligation to the board accompanied by an  analysis  of          the  projected  costs of such contract or other obligation and a          certification that performance thereof  will  be  in  accordance          with  the  financial  plan,  all  in  such  form  and  with such          additional information as the board  may  prescribe.  The  board          shall  promptly  review  the  terms  of  such  contract or other          obligation and the supporting information in order to  determine          compliance with the financial plan;            (iii)  During  a  control  period  the  board shall, by order,          disapprove any contract or other obligation reviewed by it  only          upon  a  determination that, in its judgment, the performance of          such contract or other obligation would be inconsistent with the          financial plan and the city or covered  organization  shall  not          enter into such contract or other obligation;            (iv)  During  a control period if the board approves the terms          of a reviewed contract or other obligation, the city or  covered          organization  may  enter  into such contract or other obligation          upon the terms submitted to the board. Failure of the  board  to          notify  the  city or covered organization within thirty days (or          such additional time not exceeding  thirty  days  as  the  board          shall  have  notified  the city or covered organization, that it          requires to complete its review and analysis)  after  submission          to  it  of  a contract or other obligation that such contract or          other  obligation  has  been  disapproved  shall  be  deemed  to          constitute board approval thereof.            f. Upon submission thereof by the city, the board shall review          the terms of each proposed long-term and short-term borrowing by          the  city  and  any covered organization to be affected during a          control period but after  October  fifteenth,  nineteen  hundred          seventy-five,  and  no  such  borrowing  shall  be  made  unless          approved by the board. Each such proposed borrowing by a covered

          organization shall be submitted  to  the  city  by  the  covered          organization  before it may be considered by the board. Not more          than  thirty  days  after  any  such  submission  by  a  covered          organization  the city shall transmit any such proposed terms of          borrowing to the board together with the  certification  of  the          city  as  to  whether  such  proposed  terms of borrowing are in          accordance with the financial plan and are consistent  with  the          objectives  and purposes of this act. Any such submission to the          city shall be accompanied by  a  certification  of  the  covered          organization  that  the terms thereof are in accordance with the          financial  plan  and  are  consistent  with  the  objectives  or          purposes  of  this act. The transmittal by the city to the board          shall include a recommendation by the city for the  approval  or          disapproval  of such proposed terms of borrowing pursuant to the          terms of this paragraph. In the event the  city  does  not  make          such  transmittal  within  such  thirty day period, such covered          organization may submit such proposed borrowing directly to  the          board. The board shall disapprove any borrowing if it determines          that  such  borrowing is inconsistent with the financial plan or          the objectives or purposes of this act. The board shall  consult          and coordinate with the municipal assistance corporation for the          city  of New York with respect to borrowings of the city and any          covered organization and shall receive reports from the muncipal          assistance corporation for the city of New York on its review of          borrowings by  the  city.  No  covered  organizations  shall  be          prohibited  from issuing bonds or notes to pay outstanding bonds          or notes.            g. The board  and  the  comptroller  shall  receive  quarterly          reports from the city comptroller setting forth the debt service          requirements  on all bonds and notes of the city and the covered          organizations for the following quarter, which reports shall  be          in  such  form  and  contain such information as the board shall          determine. Such reports shall be issued no later than sixty days          prior to the start of the quarter  to  which  they  pertain  and          shall  be  updated  immediately  upon  each issuance of bonds or          notes after the date of such report to  reflect  any  change  in          debt  service  requirements  as  a  result of such issuance. The          board also shall receive from the  city  monthly  and  quarterly          financial  reports,  which  reports  shall  be  in such form and          contain such information as the board shall determine and  shall          be  made available by the city to the public.  In order to avoid          duplicative reports and reporting requirements,  to  the  extent          that  the  city  is  required  to  submit  monthly  or quarterly          financial reports to the department of the treasury pursuant  to          any  agreement  or  arrangement  made in connection with federal          guarantees of notes or bonds issued  by  the  city  or  a  state          financing  agency,  copies of such reports shall be submitted to          the board in satisfaction of the monthly and quarterly reporting          requirements set forth  above,  together  with  such  additional          information as the board may require. Each monthly and quarterly          report  herein  required  to  be  submitted  to  the  board must          indicate any variance  between  actual  and  budgeted  revenues,          expenses or cash for the period covered by such report.            h.  The board shall issue, to the appropriate officials of the          city and the covered organizations,  such  orders  as  it  deems          necessary  to accomplish the purposes of this act, including but          not limited to timely  and  satisfactory  implementation  of  an          approved  financial  plan.  Any order so issued shall be binding

          upon the official to whom it was issued and  failure  to  comply          with  such  order  shall  subject  the official to the penalties          described in section eleven of this act.            i.  The  board  shall coordinate with the municipal assistance          corporation for the city of New York and the deputy  comptroller          with  respect to the performance of its review and monitoring of          the revenues and  expenditures  of  the  city  and  the  covered          organizations.            2.  In the event of any default by the city on its outstanding          bonds or notes, and so long as such default has not been  cured,          the  board may, any provisions of this act notwithstanding, take          any action that it is authorized to take pursuant to title six-A          of article two of the local finance law, and may direct the city          to take any action that the city is  authorized  to  take  under          such law.            * 3.  (a)  Notwithstanding  any provision of the New York City          Collective Bargaining Law, codified as chapter fifty-four of the          New York city administrative code, or any general or special law          to the contrary, any report  or  recommendation  of  an  impasse          panel constituted pursuant to such chapter which provides for an          increase in wages or fringe benefits of any employee of the city          or covered organization, in addition to considering any standard          or factor required to be considered by applicable law, including          the  standards  enumerated  in section 1173-7.0(c)(3)(b) of such          chapter,  shall  also  take  into   consideration   and   accord          substantial  weight  to the financial ability of the city and or          covered organization to pay the cost of such increase  in  wages          or fringe benefits.            (b) The board of collective bargaining constituted pursuant to          such  chapter,  when  reviewing  such  report  or recommendation          before proceeding  to  other  issues,  shall  make  a  threshold          determination as to whether such report or recommendation for an          increase in wages or fringe benefits is within the city's and or          covered   organization's   financial  ability  to  pay.  If  the          threshold determination is in the negative, the matter shall  be          remitted  to the impasse panel for further consideration. If the          threshold determination  is  in  the  affirmative,  the  further          review  of  the  report  or recommendation with respect to other          issues, if any, shall proceed as provided  by  law.  Unless  the          parties  stipulate  otherwise, the threshold determination shall          be made within thirty days after submission  of  the  report  or          recommendation to the board of collective bargaining.            (c)  Any  determination pursuant to article eight of the labor          law or any agreement or stipulation entered into in lieu thereof          which provides for an increase in wages or  fringe  benefits  of          any  employee  of  the  city  or  covered organization shall, in          addition to considering any standard or factor  required  to  be          considered  by  applicable law, also take into consideration and          accord substantial weight to the financial ability of  the  city          and or covered organization to pay the cost of such increase.            (d)  Any report or recommendation of a fact finding or similar          type panel or any interest arbitration award which provides  for          an  increase  in wages or fringe benefits of any employee of the          city or covered organization not subject to  the  provisions  of          the New York City Collective Bargaining Law, codified as chapter          fifty-four  of  the New York city administrative code, shall, in          addition to considering any standard or factor  required  to  be          considered  by  applicable law, also take into consideration and

          accord substantial weight to the financial ability of  the  city          and or covered organization to pay the cost of such increase.            (e)  Any  party to a proceeding before the board of collective          bargaining as described  in  paragraph  (b)  or  other  body  as          described in paragraphs (c) or (d) hereof may commence a special          proceeding  in the appellate division, first department, supreme          court, state of New York, to review the threshold  determination          as  to  the city and or covered organization's financial ability          to pay. Such proceeding shall be commenced not later than thirty          days after the final determination has been made by the board of          collective bargaining in the case of paragraph (b) or other body          in the case of paragraphs (c) or (d). Such proceeding shall have          preference over all other causes  in  such  appellate  division,          other than causes relating to the election law.            (f) The court shall make a de novo review of the record solely          for  the  purpose of determining whether an award of an increase          in wages or fringe benefits was within the city's and or covered          organization's financial ability to pay. The court's findings as          to such issue shall be based upon a  preponderance  of  all  the          evidence  set forth in the record.  Unless the parties stipulate          otherwise, arguments or submission shall be had  within  fifteen          days  after commencement of the special proceeding and the court          shall render its decision within fifteen  days  thereafter.  All          questions,  other  than  the  question relating to the threshold          determination, shall be reviewed by the  appellate  division  in          the   same   proceeding  in  the  manner  provided  by  articles          seventy-five or seventy-eight of  the  civil  practice  law  and          rules  as  may  be  appropriate,  notwithstanding that the issue          would otherwise have  been  cognizable  in  the  first  instance          before  a  special  or  trial  term of the supreme court.  If an          appeal shall  otherwise  lie  from  such  determination  of  the          appellate  division  to  the  court  of  appeals, notice of such          appeal shall be filed within thirty days after the entry of  the          final order or judgment of the appellate division if such appeal          is  of right or within ten days after entry of an order granting          leave to appeal and such appeal shall have preference  over  all          other appeals other than appeals relating to the election law.            (g)  At any stage of any proceeding under paragraphs (a), (b),          (c), (d) and (e) hereof or any appeal from an order or  judgment          therefrom,  the  board  may intervene as a party on the issue of          the financial ability of the city and or covered organization to          pay the cost of an increase in wages or fringe benefits.            (h) For the purposes of this subdivision, financial ability to          pay shall mean the financial ability of the city and or  covered          organization  to pay the cost of any increase in wages or fringe          benefits without requiring an increase  in  the  level  of  city          taxes  existing  at the time of the commencement of a proceeding          under paragraph (a), (c) or (d) hereof.            (i) The provisions of this subdivision shall terminate on June          thirtieth, nineteen hundred eighty-six.            * NB Expires June 30, 1986            4. During a control period, except upon approval by the  board          in  accordance  with  the  provisions  of  paragraph  e  or f of          subdivision one of this section, as the board  shall  determine,          neither  the  city  nor  a  covered organization shall enter any          agreement or other arrangement, whether or not it creates a debt          of the city or a covered organization,  pursuant  to  which  the          revenues  or  credit  of  the city may be directly or indirectly

          pledged, encumbered,  committed  or  promised,  contingently  or          otherwise,  for  the  payment of obligations of a public benefit          corporation. Nothing in this subdivision shall limit  the  right          of  the  city  to  comply  with  the  provisions of any existing          agreement or other arrangement in respect of the obligations  of          a public benefit corporation.            5.  The  board  may  employ  such  consultants  as it may deem          necessary to assist it  in  performing  its  functions  required          under this act.            6.  The  board  shall  have  the authority to make and execute          agreements and all  other  instruments  which  the  board  deems          necessary   for   the  exercise  of  its  powers  and  functions          including, in connection  with  any  agreement  by  the  federal          government or any agency or instrumentality thereof to guarantee          the  payment  of  the principal of or interest on bonds or notes          issued by the city or by a state financing agency, to enter into          one or more agreements containing terms and conditions  required          by  the  secretary of the treasury pursuant to the New York City          Loan Guarantee Act of l978, Public Law 95-339 with  the  federal          government or any agency or instrumentality thereof with respect          to  such  guarantee or any matters related thereto and to comply          with such terms and conditions.            7. The board may appoint qualified individuals to  participate          as  members of such audit, productivity or similar committees or          councils as  the  city  may  from  time  to  time  establish  in          consultation  with  the board.  Such individuals, however, shall          not be deemed to be officers, employees or agents of the  board.          The  board  shall  review and report on, not less than annually,          the development and implementation of methods for enhancing  the          productivity  of  the  city's  labor  force proposed by any such          committee or council.            * Terminates July 1, 2008 or ... see § 13            * § 7-a. Reports of the city. 1.  The  city  shall  take  such          action  as  may  be  necessary to enable a nationally recognized          independent certified public accounting firm  or  consortium  of          firms,  one  of  which  at  least  is  a  nationally  recognized          independent certified public  accounting  firm,  to  perform  an          annual  audit  in  accordance  with  generally accepted auditing          standards and to furnish to the board the report on  such  audit          prepared by such firm or consortium of firms, which report shall          include an opinion as to whether the city's financial statements          have   been  prepared  in  accordance  with  generally  accepted          accounting principles subject to the provisions  of  subdivision          two-a  of  section eight of this act and shall state whether the          audit of such financial statements was made in  accordance  with          generally  accepted  auditing standards and accordingly included          such tests of the accounting records  and  such  other  auditing          procedures as were considered necessary under the circumstances.          Such  report  shall note the nature and extent of variations, if          any, from generally accepted accounting principles reflected  in          the  city's  financial statements. The city shall make available          for inspection and copying all books, records, work  papers  and          other  data  and  material as required by such auditors, and the          city shall make its officers and  employees  available  to,  and          shall  cooperate  with such auditors so as to permit such annual          audit to be completed and the report issued to the city  and  to          the  board  within  four  months  after  the close of the city's          fiscal year.

            2.  Not  later  than  January  fifteenth,   nineteen   hundred          eighty-one,  the  city  shall issue a report to the board on its          program designed to enable the city (i) during its fiscal  years          ending  June  thirtieth,  nineteen hundred eighty-three and June          thirtieth,   nineteen   hundred  eighty-four,  to  minimize  its          dependence upon the state financing agency to the extent that it          shall be prudent to satisfy the city's financing  needs  by  the          sale  of  obligations  of the city or its agencies in the public          markets, and (ii) thereafter  to  satisfy  its  financing  needs          entirely  by  the  sale  of  such  obligations. The report shall          describe such  actions  that  the  city  proposes  to  take,  in          addition  to  those  actions  required  by law, to implement the          program and shall contain such further information as the  board          may  reasonably  specify.  After  the  issuance  of such initial          report,  the  city  shall  report  to   the   board   at   least          semi-annually   through   June   thirtieth,   nineteen   hundred          eighty-two and thereafter at least quarterly on the  actions  it          has  taken  to implement the program and on the results thereof.          The city may revise the program from  time  to  time  but  shall          promptly  describe any revisions and the reasons therefor to the          board.   The city may  comply  with  the  requirements  of  this          subdivision   by   submitting   the   necessary  information  as          supplementary material to a financial  plan  or  financial  plan          modification  in accordance with the standards and procedures of          section eight of this act. The provisions  of  this  subdivision          shall terminate on June thirtieth, nineteen hundred eighty-five.            * Terminates July 1, 2008 or ... see § 13            * §  8.  Development of the financial plan. 1. Pursuant to the          procedures contained in subdivision three of this section,  each          year  the  city shall develop, and may from time to time modify,          with the approval of the board during a control period,  a  four          year   financial   plan   covering  the  city  and  the  covered          organizations.            Each such financial plan and financial plan modification shall          comply with the requirements of subdivision four of this section          and shall, except as otherwise provided pursuant to  subdivision          two-a of this section, conform to the following standards:            a.  For  its  fiscal  years  ending  June  thirtieth, nineteen          hundred seventy-nine through June  thirtieth,  nineteen  hundred          eighty-one,  the  city's  budget covering all expenditures other          than capital items shall be prepared and balanced  so  that  the          results  thereof  would  not  show  a  deficit  when reported in          accordance with the accounting principles set forth in the state          comptroller's uniform system of accounts for municipalities,  as          the  same  may  be  modified by the comptroller, in consultation          with the city comptroller, for application to the city;  subject          to  the  provision of subdivision four of section three thousand          thirty-eight of the  public  authorities  law  with  respect  to          contributions  by  the  city  or  other  public  employer to any          retirement system or pension fund and subject to  the  provision          of  paragraph  (c) of subdivision five of section three thousand          thirty-eight of the  public  authorities  law  with  respect  to          expense  items  included  in the capital budget of the city. For          the  fiscal  year  ending  June  thirtieth,   nineteen   hundred          eighty-two,  and  for  each  fiscal  year thereafter, the city's          budget covering all expenditures other than capital items  shall          be  prepared  and balanced so that the results thereof would not          show a  deficit  when  reported  in  accordance  with  generally

          accepted  accounting  principles  and would permit comparison of          the budget with the report of actual financial results  prepared          in  accordance  with  generally  accepted accounting principles.          With  respect  to  financial plans that include the fiscal years          ending June thirtieth,  nineteen  hundred  seventy-nine  through          June  thirtieth,  nineteen hundred eighty-one, the city's budget          covering all expenditures other  than  capital  items  shall  be          prepared   in  accordance  with  generally  accepted  accounting          principles and there shall be substantial progress in each  such          fiscal  year  towards  achieving  a  city  budget  covering  all          expenditures other than capital items the results of which would          not show a deficit when reported in  accordance  with  generally          accepted accounting principles. The city shall eliminate expense          items from its capital budget not later than the commencement of          the   fiscal   year  ending  June  thirtieth,  nineteen  hundred          eighty-two. For the fiscal year ending June thirtieth,  nineteen          hundred  eighty-nine,  and  for each fiscal year thereafter, the          budgets covering all expenditures other than  capital  items  of          each of the covered organizations shall be prepared and balanced          so  that  the  results  thereof  would  not  show a deficit when          reported  in  accordance  with  generally  accepted   accounting          principles;  and for each fiscal year prior thereto, there shall          be substantial progress towards such goal.  Notwithstanding  the          foregoing and the provisions of any general or special state law          or  local  law to the contrary, including but not limited to the          New York city charter, all costs that would be capital costs  in          accordance  with  generally  accepted accounting principles, but          for the application of governmental accounting  standards  board          statement number forty-nine, shall be deemed to be capital costs          for purposes of this chapter and any other provision of state or          local  law,  including  but  not  limited  to  the New York city          charter, relevant to the treatment of such costs.            b. The limitations on its outstanding  short-term  obligations          required   by   subdivision   nine  of  section  three  thousand          thirty-eight of the public authorities law and by section nine-b          of this act shall be observed at all times, as each  is  amended          from time to time.            c. Provision shall be made for the payment in full of the debt          service  on  all  bonds  and  notes  of the city and the covered          organizations (other than notes held by the municipal assistance          corporation for the city of New York to  the  extent  that  such          corporation  has  evidenced  its  intention  not to present such          notes  for  payment  during  the  fiscal  year  in   which   the          determination is made provided that such notes were held by such          corporation on June thirtieth, nineteen hundred seventy-eight or          were  issued in exchange for or in refunding or renewal of notes          held by such corporation on such date), for the adequate funding          of programs of the city and the covered organizations which  are          mandated  by  state or federal law and for which obligations are          going to be incurred during the fiscal year and for payment of a          guarantee fee or any other amounts required by the United States          of  America  or  any  agency  or  instrumentality   thereof   in          connection with the guarantee of the payment of the principal of          or interest on bonds or notes issued by the city.            d. All projections of revenues and expenditures contained in a          financial  plan  shall  be  based  on reasonable and appropriate          assumptions and methods of estimation. All cash flow projections          shall be based upon reasonable and appropriate assumptions as to

          sources and uses of cash  (including  but  not  limited  to  the          timing  thereof),  and  shall provide for operations of the city          and covered  organizations  to  be  conducted  within  the  cash          resources so projected.            e.  The  city  shall provide a general reserve for each fiscal          year to cover potential reductions in its projected revenues  or          increases  in its projected expenditures during each such fiscal          year. The amount provided for  such  general  reserve  shall  be          estimated  by  the  city  in accordance with paragraph d of this          subdivision, but in no event shall it be less than  one  hundred          million dollars at the beginning of any fiscal year.            f.  For  financial plans beginning with the fiscal year ending          June thirtieth, nineteen hundred eighty-three or any  succeeding          fiscal  year,  the  first  fiscal year included in any financial          plan shall make provision  for  the  repayment  of  any  deficit          incurred by the city during the preceding fiscal year.            2.  In  developing  the  financial plan the city shall seek to          achieve a stabilized work force for the city and, to the  extent          a  reduction  in  the  work  force is required, primary recourse          shall be  had  to  the  attrition  process  to  accomplish  such          reduction.            2-a.  The  city  and  the  board  shall  confer concerning the          projected effect on the budgets of  the  city  and  the  covered          organizations  of  any  change  in generally accepted accounting          principles, or change in the application of  generally  accepted          accounting principles to the city and the covered organizations,          made  after  the  effective  date  of  this  act.  If  the board          determines that immediate compliance with such change will  have          a   material   effect   on  such  budgets  over  a  time  period          insufficient to accommodate the  effect  without  a  substantial          adverse  impact on the delivery of essential services, the board          may authorize and approve a method of phasing  the  requirements          of   such   change   into  such  budgets  over  such  reasonably          expeditious time period as the board deems appropriate.            3. The financial plan shall be developed and, during a control          period, shall  be  approved,  and  may  from  time  to  time  be          modified, in accordance with the following procedures:            a.   The   city   shall,   by  June  first,  nineteen  hundred          seventy-eight, prepare and submit a financial plan to the  board          covering  the four year period which begins with the fiscal year          ending   June   thirtieth,   nineteen   hundred    seventy-nine.          Thereafter,  at  least fifty days prior to the beginning of each          fiscal year or on such other date as the board may approve  upon          the  request  of  the  city, the city shall prepare and submit a          financial plan to  the  board  covering  the  four  year  period          beginning  with  such fiscal year. On such dates the mayor shall          also submit to the board the city's executive  expense,  revenue          and   capital   budgets  for  the  ensuing  fiscal  year  and  a          certificate  of  the  mayor  stating  that  such   budgets   are          consistent  with  the  financial  plan submitted therewith, that          projections contained in the  budgets  and  financial  plan  are          based upon reasonable and appropriate assumptions and methods of          estimation, and that operation within the budgets is feasible.            b. (i) During a control period the board shall promptly review          each financial plan and financial plan modification submitted by          the  city.   Not more than forty-five days after submission of a          financial plan or more than thirty days after  submission  of  a          financial  plan  modification  the board shall determine whether

          the financial plan or financial plan  modification  is  complete          and  complies with the standards set forth in subdivision one of          this section and shall approve or disapprove the financial  plan          or financial plan modification in accordance with the provisions          of this section. If the board determines that the financial plan          or financial plan modification is complete and complies with the          standards  set  forth  in  subdivision  one of this section, the          board  shall  approve  the  financial  plan  or  financial  plan          modification.  Upon  making  such  determination the board shall          make a certification to the city setting forth revenue estimates          approved by the board in accordance with such determination.            (ii) At all times other than during a control period the board          shall promptly review each financial  plan  and  financial  plan          modification  submitted  by  the  city.  If the board determines          after such review that the  financial  plan  or  financial  plan          modification submitted by the city is not in accordance with the          standards  set  forth  in  subdivision  one of this section, the          board shall promptly so notify the city and may take such  other          action under this act as it deems appropriate.            c.  The  board  shall disapprove a financial plan or financial          plan modification if during a control period it determines  that          the  financial plan or financial plan modification is incomplete          or fails to comply with the provisions  of  subdivision  one  of          this  section.  In  disapproving a financial plan or a financial          plan modification the board may order that one or  more  of  the          following actions be taken:            (i) expenditures or reserves to assure availability of amounts          required for debt service requirements on all bonds and notes of          the  city and the covered organizations or expenditures required          for adequate funding of programs of the  city  and  the  covered          organizations  mandated  by  state  or federal law and for which          obligations are going to be incurred during the fiscal year,  be          increased to the levels required to provide for their payment in          full;            (ii)  the revenue projections (or any item thereof) during any          period be adjusted to comply with the  standards  set  forth  in          subdivision one of this section; and            (iii)  the  aggregate expenditures projected for any period be          reduced to conform to revenue estimates certified by  the  board          in  order  to comply with the standards set forth in subdivision          one of this section.            d. During a control period in the event that the  city  shall,          for  any  reason,  fail  to submit a financial plan prior to the          beginning of a fiscal year, as required by paragraph a  of  this          subdivision,  or  in  the  event that the board has not, for any          reason permitted under  this  act,  approved  a  financial  plan          submitted  by  the city prior to the beginning of a fiscal year,          the board shall formulate and  adopt  a  financial  plan  to  be          effective until the board approves a financial plan submitted by          the  city.  Any  financial p