Bill Text: NY A10836 | 2017-2018 | General Assembly | Amended
Bill Title: Provides that state aid may be provided for up to 90% of the total project approved costs for buildings of public libraries that are located in an economically distressed community; extends certain provisions of the public library construction grant program authorizing grants for the purchase of property for library construction and increased aid for economically disadvantaged communities, until 2025.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Engrossed - Dead) 2018-06-18 - REFERRED TO RULES [A10836 Detail]
Download: New_York-2017-A10836-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 10836--B R. R. 131 IN ASSEMBLY May 23, 2018 ___________ Introduced by M. of A. BARRETT, PALMESANO -- read once and referred to the Committee on Libraries and Education Technology -- reported and referred to the Committee on Ways and Means -- reported and referred to the Committee on Rules -- ordered to a third reading -- amended on the special order of third reading, ordered reprinted as amended, retaining its place on the special order of third reading -- again amended on special order of third reading, ordered reprinted, retain- ing its place on the special order of third reading AN ACT to amend the education law, in relation to project costs for buildings of public libraries located in economically distressed communities; to amend chapter 498 of the laws of 2011 amending the education law relating to the public library construction grant program, in relation to the effectiveness thereof; and providing for the repeal of certain provisions upon expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 273-a of the education law, as amended by chapter 2 498 of the laws of 2011, subdivision 1 as amended by chapter 480 of the 3 laws of 2015, is amended to read as follows: 4 § 273-a. State aid for library construction. 1. State aid shall be 5 provided for up to fifty percent of the total project approved costs, 6 excluding feasibility studies, plans or similar activities, for projects 7 for the installation and infrastructure of broadband services, and for 8 the acquisition of vacant land and the acquisition, construction, reno- 9 vation or rehabilitation, including leasehold improvements, of buildings 10 of public libraries and library systems chartered by the regents of the 11 state of New York or established by act of the legislature subject to 12 the limitations provided in subdivision [five] six of this section and 13 upon approval by the commissioner, except that state aid may be provided 14 for up to seventy-five percent of the total project approved costs for 15 buildings of public libraries that are located in an economically disad- 16 vantaged community and that state aid may be provided for up to ninety 17 percent of the total project approved costs for buildings of public 18 libraries that are located in an economically distressed community. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15926-10-8A. 10836--B 2 1 Provided however that the state liability for aid paid pursuant to this 2 section shall be limited to funds appropriated for such purpose. Aid 3 shall be provided on approved expenses incurred during the period 4 commencing July first and ending June thirtieth for up to three years, 5 or until the project is completed, whichever occurs first. Fifty percent 6 of such aid shall be payable to ; and to amend a chapter of the laws of 7 2014, enacting the state operations budget each system or library upon 8 approval of the application by the department. Forty percent of such aid 9 shall be payable in the next state fiscal year. The remaining ten 10 percent shall be payable upon project completion. 11 2. Each application for state aid shall be submitted by the board of 12 trustees of the library or library system responsible for the operation 13 of the subject building to the commissioner for his or her review and 14 approval, after having been reviewed and approved by the governing board 15 of the public library system of which such library is a member. Each 16 application shall: 17 a. demonstrate that resources are or shall be available to provide for 18 maximum utilization of the project if approved; 19 b. contain verification in such form as may be acceptable to the 20 commissioner that the total cost of the project, exclusive of state aid, 21 has been or will be obtained; 22 c. demonstrate that library operations would be made more economical 23 as a consequence of approval; 24 d. be limited to one project concerning such building, provided that 25 no building shall be the subject of more than one application per year; 26 e. contain documentation, where such an application requests state aid 27 in an amount greater than fifty percent, demonstrating how the project 28 will address the service needs of one or more economically disadvantaged 29 communities. Such documentation may demonstrate need through poverty 30 rates, concentrations of English language learners, low high school 31 graduation rates, limited fiscal capacity or other relevant factors; 32 [and] 33 f. contain documentation, where such an application requests state aid 34 in an amount greater than seventy-five percent, demonstrating how the 35 project will address the service needs of one or more economically 36 distressed communities. An application must demonstrate that the average 37 poverty rate within the library's service area is equal to or greater 38 than the New York state average poverty rate using federal census data; 39 and the library must demonstrate that it lacks the capacity to provide 40 twenty-five percent of the project costs; and 41 g. provide such other information as may be required by the commis- 42 sioner. 43 3. In approving any application that would receive state aid beyond 44 fifty percent of the total project approved costs, the board of trustees 45 of the library system shall give particular attention to addressing the 46 library service needs of economically disadvantaged communities as 47 provided for in paragraph e of subdivision two of this section. 48 4. In approving any application that would receive state aid beyond 49 seventy-five percent of the total project approved costs, the board of 50 trustees of the library system shall give particular attention to 51 addressing the library service needs of economically distressed communi- 52 ties as provided for in paragraph f of subdivision two of this section. 53 No more than ten percent of the total funds appropriated to a library 54 system in subdivision six of this section may be used to support the 55 total costs for projects that would receive state aid beyond seventy- 56 five percent of the total project approved costs.A. 10836--B 3 1 5. In approving any application the commissioner shall consider the 2 condition of existing libraries and, where appropriate, the needs of 3 isolated or economically disadvantaged communities, provided that no 4 application shall be approved for a project that is deemed by the 5 commissioner to have been completed prior to the date of the applica- 6 tion. 7 [5.] 6. Aid shall be distributed pursuant to this section as follows: 8 a. sixty percent of the funds appropriated pursuant to this section 9 shall be made available to libraries within each system by the commis- 10 sioner in such manner as to insure that the ratio of the amount received 11 within each system to the whole of the aid made available pursuant to 12 this paragraph is no greater than the ratio of the population served by 13 such system to the population of the state; 14 b. forty percent of the funds appropriated pursuant to this section 15 shall be made available to library systems or libraries within each 16 system by the commissioner in such manner as to insure that an equal 17 amount is received within each system in the state; 18 c. any funds made available pursuant to paragraph a or b of this 19 subdivision which by April first of each succeeding fiscal year, are 20 declined by such libraries or library systems for any reason, or which 21 cannot otherwise be used by such libraries or library systems for any 22 reason, shall be made available by the commissioner to other eligible 23 libraries within such system, or if no such library can use such funds 24 shall be reallocated among the other library systems and their libraries 25 in a manner that will to the extent possible provide from such reallo- 26 cated funds an equal amount to each such system. 27 [6.] 7. The commissioner shall adopt rules and regulations as are 28 necessary to carry out the purposes and provisions of this section. 29 [7.] 8. The commissioner shall submit to the temporary president of 30 the senate and the speaker of the assembly an annual report describing 31 those projects that have received state funding of greater than fifty 32 percent of project costs and the communities to be served by those 33 projects. 34 § 2. Section 2 of chapter 498 of the laws of 2011 amending the educa- 35 tion law relating to the public library construction grant program, as 36 amended by chapter 148 of the laws of 2014, is amended to read as 37 follows: 38 § 2. This act shall take effect on the first of April next succeeding 39 the date on which it shall have become a law [and shall expire and be40deemed repealed March 31, 2020]. 41 § 3. This act shall take effect immediately; provided, however that 42 the amendments to section 273-a of the education law made by section one 43 of this act shall expire and be deemed repealed March 31, 2025.
