S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3781
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2019
                                ___________
 
 Introduced  by M. of A. BARRETT -- read once and referred to the Commit-
   tee on Libraries and Education Technology
 
 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:

   Section 1. Section 273-a of the education law, as amended  by  chapter
 498  of the laws of 2011, subdivision 1 as amended by chapter 480 of the
 laws of 2015, is amended to read as follows:
   § 273-a. State aid for library construction. 1.  State  aid  shall  be
 provided  for  up  to fifty percent of the total project approved costs,
 excluding feasibility studies, plans or similar activities, for projects
 for the installation and infrastructure of broadband services,  and  for
 the  acquisition of vacant land and the acquisition, construction, reno-
 vation or rehabilitation, including leasehold improvements, of buildings
 of public libraries and library systems chartered by the regents of  the
 state  of  New  York or established by act of the legislature subject to
 the limitations provided in subdivision [five] SIX of this  section  and
 upon approval by the commissioner, except that state aid may be provided
 for  up  to seventy-five percent of the total project approved costs for
 buildings of public libraries that are located in an economically disad-
 vantaged community. Provided however that the state  liability  for  aid
 paid pursuant to this section shall be limited to funds appropriated for
 such purpose. Aid shall be provided on approved expenses incurred during
 the  period  commencing  July  first and ending June thirtieth for up to
 three years, or until the project is completed, whichever occurs  first.
 Fifty  percent  of  such  aid shall be payable to each system or library
 upon approval of the application by the  department.  Forty  percent  of
 such  aid  shall be payable in the next state fiscal year. The remaining
 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
              

 A. 3781                             2
 
   2. Each SINGLE BUILDING PROJECT application for  state  aid  shall  be
 submitted  by  the  board  of  trustees of the library or library system
 responsible for the operation of the subject building to the commission-
 er for his OR HER review and approval, after having  been  reviewed  and
 approved  by  the  governing board of the public library system of which
 such library is a member.   Each  SINGLE  BUILDING  PROJECT  application
 shall:
   a. demonstrate that resources are or shall be available to provide for
 maximum utilization of the project if approved;
   b.  contain  verification  in  such  form  as may be acceptable to the
 commissioner that the total cost of the project, exclusive of state aid,
 has been or will be obtained;
   c. demonstrate that library operations would be made  more  economical
 as a consequence of approval;
   d.  be  limited to one project concerning such building, provided that
 no building shall be the  subject  of  more  than  one  SINGLE  BUILDING
 PROJECT application per year;
   e. contain documentation, where such an application requests state aid
 in  an  amount greater than fifty percent, demonstrating how the project
 will address the service needs of one or more economically disadvantaged
 communities. Such documentation may  demonstrate  need  through  poverty
 rates,  concentrations  of  English  language  learners, low high school
 graduation rates, limited fiscal capacity or other relevant factors; and
   f. provide such other information as may be required  by  the  commis-
 sioner.
   3.  COORDINATED APPLICATIONS FOR STATE AID ALLOCATED UNDER PARAGRAPH B
 OF SUBDIVISION SIX OF THIS SECTION SHALL  BE  SUBMITTED  BY  THE  PUBLIC
 LIBRARY  SYSTEM.  THE  PUBLIC  LIBRARY  SYSTEM  SHALL BE RESPONSIBLE FOR
 MANAGING ALL COORDINATED PROJECTS. EACH COORDINATED PROJECT  APPLICATION
 SHALL BE APPROVED BY THE BOARD OF TRUSTEES OF EACH PARTICIPATING LIBRARY
 AND  LIBRARY SYSTEM RESPONSIBLE FOR THE OPERATION OF THE SAID BUILDINGS.
 COORDINATED PROJECT APPLICATIONS SHALL BE SUBMITTED TO THE  COMMISSIONER
 FOR  HIS  OR  HER  REVIEW  AND  APPROVAL, AFTER HAVING BEEN REVIEWED AND
 APPROVED BY THE GOVERNING BOARD OF THE PUBLIC LIBRARY  SYSTEM  OF  WHICH
 SUCH LIBRARIES ARE MEMBERS. EACH COORDINATED PROJECT APPLICATION SHALL:
   A. DEMONSTRATE THAT RESOURCES ARE OR SHALL BE AVAILABLE TO PROVIDE FOR
 MAXIMUM UTILIZATION OF THE PROJECT IF APPROVED;
   B.  CONTAIN  VERIFICATION  IN  SUCH  FORM  AS MAY BE ACCEPTABLE TO THE
 COMMISSIONER THAT THE TOTAL COST OF THE PROJECT, EXCLUSIVE OF STATE AID,
 HAS BEEN OR WILL BE OBTAINED;
   C. DEMONSTRATE THAT LIBRARY OPERATIONS WOULD BE MADE  MORE  ECONOMICAL
 AS A CONSEQUENCE OF APPROVAL;
   D.  PROVIDE THAT NO ONE BUILDING SHALL BE THE SUBJECT OF MORE THAN ONE
 COORDINATED PROJECT APPLICATION PER YEAR; AND
   E. PROVIDE SUCH OTHER INFORMATION AS MAY BE REQUIRED  BY  THE  COMMIS-
 SIONER.
   4.  In  approving  any  SINGLE BUILDING PROJECT application that would
 receive state aid beyond fifty percent of  the  total  project  approved
 costs, the board of trustees of the library system shall give particular
 attention to addressing the library service needs of economically disad-
 vantaged  communities  as provided for in paragraph e of subdivision two
 of this section.
   [4.] 5. In approving any NEW SINGLE BUILDING  OR  COORDINATED  PROJECT
 application  the  commissioner  shall consider the condition of existing
 libraries and, where appropriate, the needs of isolated or  economically
 disadvantaged   communities,  provided  that  no  application  shall  be

 A. 3781                             3
 
 approved for a project that is deemed by the commissioner to  have  been
 completed prior to the date of the application.
   [5.] 6. Aid shall be distributed pursuant to this section as follows:
   a.  sixty  percent  of the funds appropriated pursuant to this section
 shall be made available to libraries within each system by  the  commis-
 sioner in such manner as to insure that the ratio of the amount received
 within  each  system  to the whole of the aid made available pursuant to
 this paragraph is no greater than the ratio of the population served  by
 such system to the population of the state;
   b.  forty  percent  of the funds appropriated pursuant to this section
 shall be made available to library  systems  or  libraries  within  each
 system  by  the  commissioner  in such manner as to insure that an equal
 amount is received within each system in the state;
   c. any funds made available pursuant to  paragraph  a  or  b  of  this
 subdivision  which  by  April  first of each succeeding fiscal year, are
 declined by such libraries or library systems for any reason,  or  which
 cannot  otherwise  be  used by such libraries or library systems for any
 reason, shall be made available by the commissioner  to  other  eligible
 libraries  within  such system, or if no such library can use such funds
 shall be reallocated among the other library systems and their libraries
 in a manner that will to the extent possible provide from  such  reallo-
 cated funds an equal amount to each such system.
   [6.]  7.  The  commissioner  shall  adopt rules and regulations as are
 necessary to carry out the purposes and provisions of this section.
   [7.] 8. The commissioner shall submit to the  temporary  president  of
 the  senate  and the speaker of the assembly an annual report describing
 those projects that have received state funding of  greater  than  fifty
 percent  of  project  costs  and  the  communities to be served by those
 projects.
   § 2. This act shall take effect immediately,  provided,  however  that
 the amendments to section 273-a of the education law made by section one
 of  this  act  shall  not  affect  the  expiration and reversion of such
 section and shall be deemed to expire therewith.