§ 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,
renovation 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 six of
this section and upon approval by the commissioner, except 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 disadvantaged 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 six years, or until the project is completed,
whichever occurs first. Provided, however, that public libraries that
received aid for projects pursuant to this section commencing July
first, two thousand seventeen through July first, two thousand nineteen
and are unable to complete such projects due to the state disaster
emergency declared pursuant to executive order number two hundred two of
two thousand twenty, as amended, shall be provided an additional twelve
months from the statutory project end date to complete such projects.
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.

* NB Effective until July 1, 2024

* 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, renovation 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 six of this section and upon approval by the commissioner,
except 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 disadvantaged 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 six 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.

* NB Effective July 1, 2024

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
commissioner for the commissioner's 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 seventy-five 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
commissioner.

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 the commissioner's 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;

e. 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
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
commissioner.

4. In approving any single or coordinated building project 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 disadvantaged communities as provided for in paragraph e
of subdivision two of this section or paragraph e of subdivision three
of this section, as applicable.

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
approved for a project that is deemed by the commissioner to have been
completed prior to the date of the application.

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
commissioner 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
reallocated funds an equal amount to each such system.

7. The commissioner shall adopt rules and regulations as are necessary
to carry out the purposes and provisions of this section.

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.