S T A T E O F N E W Y O R K
________________________________________________________________________
5589
2019-2020 Regular Sessions
I N S E N A T E
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 project costs for
buildings of public libraries located in economically distressed
communities
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 AND THAT STATE AID MAY BE PROVIDED FOR UP TO NINETY
PERCENT OF THE TOTAL PROJECT APPROVED COSTS FOR BUILDINGS OF PUBLIC
LIBRARIES THAT ARE LOCATED IN AN ECONOMICALLY DISTRESSED 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00563-04-9
S. 5589 2
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.
2. Each 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 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 library is a member. Each
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 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. CONTAIN DOCUMENTATION, WHERE SUCH AN APPLICATION REQUESTS STATE AID
IN AN AMOUNT GREATER THAN SEVENTY-FIVE PERCENT, DEMONSTRATING HOW THE
PROJECT WILL ADDRESS THE SERVICE NEEDS OF ONE OR MORE ECONOMICALLY
DISTRESSED COMMUNITIES. AN APPLICATION MUST DEMONSTRATE THAT THE AVERAGE
POVERTY RATE WITHIN THE LIBRARY'S SERVICE AREA IS EQUAL TO OR GREATER
THAN THE NEW YORK STATE AVERAGE POVERTY RATE USING FEDERAL CENSUS DATA;
AND THE LIBRARY MUST DEMONSTRATE THAT IT LACKS THE CAPACITY TO PROVIDE
TWENTY-FIVE PERCENT OF THE PROJECT COSTS; AND
G. provide such other information as may be required by the commis-
sioner.
3. In approving any 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 disadvantaged communities as
provided for in paragraph e of subdivision two of this section.
4. IN APPROVING ANY APPLICATION THAT WOULD RECEIVE STATE AID BEYOND
SEVENTY-FIVE 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 DISTRESSED COMMUNI-
TIES AS PROVIDED FOR IN PARAGRAPH F OF SUBDIVISION TWO OF THIS SECTION.
NO MORE THAN TEN PERCENT OF THE TOTAL FUNDS APPROPRIATED TO A LIBRARY
SYSTEM IN SUBDIVISION SIX OF THIS SECTION MAY BE USED TO SUPPORT THE
TOTAL COSTS FOR PROJECTS THAT WOULD RECEIVE STATE AID BEYOND SEVENTY-
FIVE PERCENT OF THE TOTAL PROJECT APPROVED COSTS.
5. In approving any 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 approved for a project that is deemed by the
commissioner to have been completed prior to the date of the applica-
tion.
[5.] 6. Aid shall be distributed pursuant to this section as follows:
S. 5589 3
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 of such section and shall be
deemed to expire therewith.
