Bill Text: NY S05590 | 2019-2020 | General Assembly | Introduced


Bill Title: Provides that certain coordinated applications for state aid be submitted by the public library system.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2019-10-23 - signed chap.389 [S05590 Detail]

Download: New_York-2019-S05590-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5590
                               2019-2020 Regular Sessions
                    IN SENATE
                                       May 8, 2019
                                       ___________
        Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Education
        AN ACT to amend the education law, in relation  to  coordinated  project
          applications
          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. Provided however that the state  liability  for  aid
    17  paid pursuant to this section shall be limited to funds appropriated for
    18  such purpose. Aid shall be provided on approved expenses incurred during
    19  the  period  commencing  July  first and ending June thirtieth for up to
    20  three years, or until the project is completed, whichever occurs  first.
    21  Fifty  percent  of  such  aid shall be payable to each system or library
    22  upon approval of the application by the  department.  Forty  percent  of
    23  such  aid  shall be payable in the next state fiscal year. The remaining
    24  ten percent shall be payable upon project completion.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00562-01-9

        S. 5590                             2
     1    2. Each single building project application for  state  aid  shall  be
     2  submitted  by  the  board  of  trustees of the library or library system
     3  responsible for the operation of the subject building to the commission-
     4  er for his or her review and approval, after having  been  reviewed  and
     5  approved  by  the  governing board of the public library system of which
     6  such library is a member.   Each  single  building  project  application
     7  shall:
     8    a. demonstrate that resources are or shall be available to provide for
     9  maximum utilization of the project if approved;
    10    b.  contain  verification  in  such  form  as may be acceptable to the
    11  commissioner that the total cost of the project, exclusive of state aid,
    12  has been or will be obtained;
    13    c. demonstrate that library operations would be made  more  economical
    14  as a consequence of approval;
    15    d.  be  limited to one project concerning such building, provided that
    16  no building shall be the  subject  of  more  than  one  single  building
    17  project application per year;
    18    e. contain documentation, where such an application requests state aid
    19  in  an  amount greater than fifty percent, demonstrating how the project
    20  will address the service needs of one or more economically disadvantaged
    21  communities. Such documentation may  demonstrate  need  through  poverty
    22  rates,  concentrations  of  English  language  learners, low high school
    23  graduation rates, limited fiscal capacity or other relevant factors; and
    24    f. provide such other information as may be required  by  the  commis-
    25  sioner.
    26    3.  Coordinated applications for state aid allocated under paragraph b
    27  of subdivision six of this section shall  be  submitted  by  the  public
    28  library  system.  The  public  library  system  shall be responsible for
    29  managing all coordinated projects. Each coordinated project  application
    30  shall be approved by the board of trustees of each participating library
    31  and  library system responsible for the operation of the said buildings.
    32  Coordinated project applications shall be submitted to the  commissioner
    33  for  his  or  her  review  and  approval, after having been reviewed and
    34  approved by the governing board of the public library  system  of  which
    35  such libraries are members. Each coordinated project application shall:
    36    a. demonstrate that resources are or shall be available to provide for
    37  maximum utilization of the project if approved;
    38    b.  contain  verification  in  such  form  as may be acceptable to the
    39  commissioner that the total cost of the project, exclusive of state aid,
    40  has been or will be obtained;
    41    c. demonstrate that library operations would be made  more  economical
    42  as a consequence of approval;
    43    d.  provide that no one building shall be the subject of more than one
    44  coordinated project application per year; and
    45    e. provide such other information as may be required  by  the  commis-
    46  sioner.
    47    4.  In  approving  any  single building project application that would
    48  receive state aid beyond fifty percent of  the  total  project  approved
    49  costs, the board of trustees of the library system shall give particular
    50  attention to addressing the library service needs of economically disad-
    51  vantaged  communities  as provided for in paragraph e of subdivision two
    52  of this section.
    53    [4.] 5. In approving any new single building  or  coordinated  project
    54  application  the  commissioner  shall consider the condition of existing
    55  libraries and, where appropriate, the needs of isolated or  economically
    56  disadvantaged   communities,  provided  that  no  application  shall  be

        S. 5590                             3
     1  approved for a project that is deemed by the commissioner to  have  been
     2  completed prior to the date of the application.
     3    [5.] 6. Aid shall be distributed pursuant to this section as follows:
     4    a.  sixty  percent  of the funds appropriated pursuant to this section
     5  shall be made available to libraries within each system by  the  commis-
     6  sioner in such manner as to insure that the ratio of the amount received
     7  within  each  system  to the whole of the aid made available pursuant to
     8  this paragraph is no greater than the ratio of the population served  by
     9  such system to the population of the state;
    10    b.  forty  percent  of the funds appropriated pursuant to this section
    11  shall be made available to library  systems  or  libraries  within  each
    12  system  by  the  commissioner  in such manner as to insure that an equal
    13  amount is received within each system in the state;
    14    c. any funds made available pursuant to  paragraph  a  or  b  of  this
    15  subdivision  which  by  April  first of each succeeding fiscal year, are
    16  declined by such libraries or library systems for any reason,  or  which
    17  cannot  otherwise  be  used by such libraries or library systems for any
    18  reason, shall be made available by the commissioner  to  other  eligible
    19  libraries  within  such system, or if no such library can use such funds
    20  shall be reallocated among the other library systems and their libraries
    21  in a manner that will to the extent possible provide from  such  reallo-
    22  cated funds an equal amount to each such system.
    23    [6.]  7.  The  commissioner  shall  adopt rules and regulations as are
    24  necessary to carry out the purposes and provisions of this section.
    25    [7.] 8. The commissioner shall submit to the  temporary  president  of
    26  the  senate  and the speaker of the assembly an annual report describing
    27  those projects that have received state funding of  greater  than  fifty
    28  percent  of  project  costs  and  the  communities to be served by those
    29  projects.
    30    § 2. This act shall take effect immediately,  provided,  however  that
    31  the amendments to section 273-a of the education law made by section one
    32  of  this  act  shall  not  affect  the  expiration and reversion of such
    33  section and shall be deemed to expire therewith.
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