STATE OF NEW YORK
________________________________________________________________________
8289--B
IN SENATE
April 26, 2018
___________
Introduced by Sens. RITCHIE, AKSHAR -- read twice and ordered printed,
and when printed to be committed to the Committee on Education --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
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.
19 Provided however that the state liability for aid paid pursuant to this
20 section shall be limited to funds appropriated for such purpose. Aid
21 shall be provided on approved expenses incurred during the period
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15434-07-8
S. 8289--B 2
1 commencing July first and ending June thirtieth for up to three years,
2 or until the project is completed, whichever occurs first. Fifty percent
3 of such aid shall be payable to ; and to amend a chapter of the laws of
4 2014, enacting the state operations budget each system or library upon
5 approval of the application by the department. Forty percent of such aid
6 shall be payable in the next state fiscal year. The remaining ten
7 percent shall be payable upon project completion.
8 2. Each application for state aid shall be submitted by the board of
9 trustees of the library or library system responsible for the operation
10 of the subject building to the commissioner for his or her review and
11 approval, after having been reviewed and approved by the governing board
12 of the public library system of which such library is a member. Each
13 application shall:
14 a. demonstrate that resources are or shall be available to provide for
15 maximum utilization of the project if approved;
16 b. contain verification in such form as may be acceptable to the
17 commissioner that the total cost of the project, exclusive of state aid,
18 has been or will be obtained;
19 c. demonstrate that library operations would be made more economical
20 as a consequence of approval;
21 d. be limited to one project concerning such building, provided that
22 no building shall be the subject of more than one application per year;
23 e. contain documentation, where such an application requests state aid
24 in an amount greater than fifty percent, demonstrating how the project
25 will address the service needs of one or more economically disadvantaged
26 communities. Such documentation may demonstrate need through poverty
27 rates, concentrations of English language learners, low high school
28 graduation rates, limited fiscal capacity or other relevant factors;
29 [and]
30 f. contain documentation, where such an application requests state aid
31 in an amount greater than seventy-five percent, demonstrating how the
32 project will address the service needs of one or more economically
33 distressed communities. An application must demonstrate that the average
34 poverty rate within the library's service area is equal to or greater
35 than the New York state average poverty rate using federal census data;
36 and the library must demonstrate that it lacks the capacity to provide
37 twenty-five percent of the project costs; and
38 g. provide such other information as may be required by the commis-
39 sioner.
40 3. In approving any application that would receive state aid beyond
41 fifty percent of the total project approved costs, the board of trustees
42 of the library system shall give particular attention to addressing the
43 library service needs of economically disadvantaged communities as
44 provided for in paragraph e of subdivision two of this section.
45 4. In approving any application that would receive state aid beyond
46 seventy-five percent of the total project approved costs, the board of
47 trustees of the library system shall give particular attention to
48 addressing the library service needs of economically distressed communi-
49 ties as provided for in paragraph f of subdivision two of this section.
50 No more than ten percent of the total funds appropriated to a library
51 system in subdivision six of this section may be used to support the
52 total costs for projects that would receive state aid beyond seventy-
53 five percent of the total project approved costs.
54 5. In approving any application the commissioner shall consider the
55 condition of existing libraries and, where appropriate, the needs of
56 isolated or economically disadvantaged communities, provided that no
S. 8289--B 3
1 application shall be approved for a project that is deemed by the
2 commissioner to have been completed prior to the date of the applica-
3 tion.
4 [5.] 6. Aid shall be distributed pursuant to this section as follows:
5 a. sixty percent of the funds appropriated pursuant to this section
6 shall be made available to libraries within each system by the commis-
7 sioner in such manner as to insure that the ratio of the amount received
8 within each system to the whole of the aid made available pursuant to
9 this paragraph is no greater than the ratio of the population served by
10 such system to the population of the state;
11 b. forty percent of the funds appropriated pursuant to this section
12 shall be made available to library systems or libraries within each
13 system by the commissioner in such manner as to insure that an equal
14 amount is received within each system in the state;
15 c. any funds made available pursuant to paragraph a or b of this
16 subdivision which by April first of each succeeding fiscal year, are
17 declined by such libraries or library systems for any reason, or which
18 cannot otherwise be used by such libraries or library systems for any
19 reason, shall be made available by the commissioner to other eligible
20 libraries within such system, or if no such library can use such funds
21 shall be reallocated among the other library systems and their libraries
22 in a manner that will to the extent possible provide from such reallo-
23 cated funds an equal amount to each such system.
24 [6.] 7. The commissioner shall adopt rules and regulations as are
25 necessary to carry out the purposes and provisions of this section.
26 [7.] 8. The commissioner shall submit to the temporary president of
27 the senate and the speaker of the assembly an annual report describing
28 those projects that have received state funding of greater than fifty
29 percent of project costs and the communities to be served by those
30 projects.
31 § 2. Section 2 of chapter 498 of the laws of 2011 amending the educa-
32 tion law relating to the public library construction grant program, as
33 amended by chapter 148 of the laws of 2014, is amended to read as
34 follows:
35 § 2. This act shall take effect on the first of April next succeeding
36 the date on which it shall have become a law [and shall expire and be
37 deemed repealed March 31, 2020].
38 § 3. This act shall take effect immediately; provided, however that
39 the amendments to section 273-a of the education law made by section one
40 of this act shall expire and be deemed repealed March 31, 2025.