STATE OF NEW YORK ________________________________________________________________________ 9076--A IN ASSEMBLY February 6, 2024 ___________ Introduced by M. of A. SANTABARBARA -- read once and referred to the Committee on Libraries and Education Technology -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law, in relation to state aid eligibility for library construction and making technical corrections thereto; 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 to repeal certain provisions of the education law relating thereto 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 2 381 of the laws of 2019, subdivision 1 as amended by section 1 of chap- 3 ter 333 of the laws of 2022, subdivision 4 as amended by chapter 627 of 4 the laws of 2021, is amended to read as follows: 5 § 273-a. State aid for library construction. 1. State aid shall be 6 provided for up to fifty percent of the total project approved costs, 7 excluding feasibility studies, plans or similar activities, for projects 8 for the installation and infrastructure of broadband services, and for 9 the acquisition of vacant land and the acquisition, construction, reno- 10 vation or rehabilitation, including leasehold improvements, of buildings 11 of public libraries and library systems chartered by the regents of the 12 state of New York or established by act of the legislature subject to 13 the limitations provided in subdivision six of this section and upon 14 approval by the commissioner, except that state aid may be provided for 15 up to [seventy-five] ninety percent of the total project approved costs 16 for buildings of public libraries that are located in an economically 17 disadvantaged community [and that state aid may be provided for up to 18 ninety percent of the total project approved costs for buildings of 19 public libraries that are located in an economically distressed communi- 20 ty]. Provided however that the state liability for aid paid pursuant to 21 this section shall be limited to funds appropriated for such purpose. 22 Aid 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. LBD13766-02-4
A. 9076--A 2 1 commencing July first and ending June thirtieth for up to six years, or 2 until the project is completed, whichever occurs first. Provided, howev- 3 er, that public libraries that received aid for projects pursuant to 4 this section commencing July first, two thousand seventeen through July 5 first, two thousand nineteen and are unable to complete such projects 6 due to the state disaster emergency declared pursuant to executive order 7 number two hundred two of two thousand twenty, as amended, shall be 8 provided an additional twelve months from the statutory project end date 9 to complete such projects. Fifty percent of such aid shall be payable 10 to each system or library upon approval of the application by the 11 department. Forty percent of such aid shall be payable in the next state 12 fiscal year. The remaining ten percent shall be payable upon project 13 completion. 14 2. Each single building project application for state aid shall be 15 submitted by the board of trustees of the library or library system 16 responsible for the operation of the subject building to the commission- 17 er for [his or her] the commissioner's review and approval, after having 18 been reviewed and approved by the governing board of the public library 19 system of which such library is a member. Each single building project 20 application shall: 21 a. demonstrate that resources are or shall be available to provide for 22 maximum utilization of the project if approved; 23 b. contain verification in such form as may be acceptable to the 24 commissioner that the total cost of the project, exclusive of state aid, 25 has been or will be obtained; 26 c. demonstrate that library operations would be made more economical 27 as a consequence of approval; 28 d. be limited to one project concerning such building, provided that 29 no building shall be the subject of more than one single building 30 project application per year; 31 e. contain documentation, where such an application requests state aid 32 in an amount greater than [fifty] seventy-five percent, demonstrating 33 how the project will address the service needs of one or more econom- 34 ically disadvantaged communities. Such documentation may demonstrate 35 need through poverty rates, concentrations of English language learners, 36 low high school graduation rates, limited fiscal capacity or other rele- 37 vant factors; and 38 f. [contain documentation, where such an application requests state 39 aid in an amount greater than seventy-five percent, demonstrating how 40 the project will address the service needs of one or more economically 41 distressed communities. An application must demonstrate that the average 42 poverty rate within the library's service area is equal to or greater 43 than the New York state average poverty rate using federal census data; 44 and the library must demonstrate that it lacks the capacity to provide 45 twenty-five percent of the project costs; and 46 g.] provide such other information as may be required by the commis- 47 sioner. 48 3. Coordinated applications for state aid allocated under paragraph b 49 of subdivision six of this section shall be submitted by the public 50 library system. The public library system shall be responsible for 51 managing all coordinated projects. Each coordinated project application 52 shall be approved by the board of trustees of each participating library 53 and library system responsible for the operation of the said buildings. 54 Coordinated project applications shall be submitted to the commissioner 55 for the commissioner's review and approval, after having been reviewed 56 and approved by the governing board of the public library system of
A. 9076--A 3 1 which such libraries are members. Each coordinated project application 2 shall: 3 a. demonstrate that resources are or shall be available to provide for 4 maximum utilization of the project if approved; 5 b. contain verification in such form as may be acceptable to the 6 commissioner that the total cost of the project, exclusive of state aid, 7 has been or will be obtained; 8 c. demonstrate that library operations would be made more economical 9 as a consequence of approval; 10 d. provide that no one building shall be the subject of more than one 11 coordinated project application per year; 12 e. contain documentation, where such an application requests state aid 13 in an amount greater than seventy-five percent, demonstrating how the 14 project will address the service needs of one or more economically 15 disadvantaged communities. Such documentation may demonstrate need 16 through poverty rates, concentrations of English language learners, low 17 high school graduation rates, limited fiscal capacity or other relevant 18 factors; and 19 f. provide such other information as may be required by the commis- 20 sioner. 21 4. In approving any single or coordinated building project application 22 that would receive state aid beyond [fifty] seventy-five percent of the 23 total project approved costs, the board of trustees of the library 24 system shall give particular attention to addressing the library service 25 needs of economically disadvantaged communities as provided for in para- 26 graph e of subdivision two of this section or paragraph e of subdivision 27 three of this section, as applicable. 28 [4. In approving any application that would receive state aid beyond 29 seventy-five percent of the total project approved costs, the board of 30 trustees of the library system shall give particular attention to 31 addressing the library service needs of economically distressed communi- 32 ties as provided for in paragraph f of subdivision two of this section. 33 No more than fifty percent of the total funds appropriated to a library 34 system in subdivision six of this section may be used to support the 35 total costs for projects that would receive state aid beyond seventy- 36 five percent of the total project approved costs.] 37 5. In approving any new single building or coordinated project appli- 38 cation the commissioner shall consider the condition of existing 39 libraries and, where appropriate, the needs of isolated or economically 40 disadvantaged communities, provided that no application shall be 41 approved for a project that is deemed by the commissioner to have been 42 completed prior to the date of the application. 43 6. Aid shall be distributed pursuant to this section as follows: 44 a. sixty percent of the funds appropriated pursuant to this section 45 shall be made available to libraries within each system by the commis- 46 sioner in such manner as to insure that the ratio of the amount received 47 within each system to the whole of the aid made available pursuant to 48 this paragraph is no greater than the ratio of the population served by 49 such system to the population of the state; 50 b. forty percent of the funds appropriated pursuant to this section 51 shall be made available to library systems or libraries within each 52 system by the commissioner in such manner as to insure that an equal 53 amount is received within each system in the state; 54 c. any funds made available pursuant to paragraph a or b of this 55 subdivision which by April first of each succeeding fiscal year, are 56 declined by such libraries or library systems for any reason, or which
A. 9076--A 4 1 cannot otherwise be used by such libraries or library systems for any 2 reason, shall be made available by the commissioner to other eligible 3 libraries within such system, or if no such library can use such funds 4 shall be reallocated among the other library systems and their libraries 5 in a manner that will to the extent possible provide from such reallo- 6 cated funds an equal amount to each such system. 7 7. The commissioner shall adopt rules and regulations as are necessary 8 to carry out the purposes and provisions of this section. 9 8. The commissioner shall submit to the temporary president of the 10 senate and the speaker of the assembly an annual report describing those 11 projects that have received state funding of greater than fifty percent 12 of project costs and the communities to be served by those projects. 13 § 2. Subdivision 1 of section 273-a of the education law, as amended 14 by section 2 of chapter 333 of the laws of 2022, is amended to read as 15 follows: 16 1. State aid shall be provided for up to fifty percent of the total 17 project approved costs, excluding feasibility studies, plans or similar 18 activities, for projects for the installation and infrastructure of 19 broadband services, and for the acquisition of vacant land and the 20 acquisition, construction, renovation or rehabilitation, including 21 leasehold improvements, of buildings of public libraries and library 22 systems chartered by the regents of the state of New York or established 23 by act of the legislature subject to the limitations provided in subdi- 24 vision six of this section and upon approval by the commissioner, except 25 that state aid may be provided for up to [seventy-five] ninety percent 26 of the total project approved costs for buildings of public libraries 27 that are located in an economically disadvantaged community [and that 28 state aid may be provided for up to ninety percent of the total project 29 approved costs for buildings of public libraries that are located in an 30 economically distressed community]. Provided however that the state 31 liability for aid paid pursuant to this section shall be limited to 32 funds appropriated for such purpose. Aid shall be provided on approved 33 expenses incurred during the period commencing July first and ending 34 June thirtieth for up to six years, or until the project is completed, 35 whichever occurs first. Fifty percent of such aid shall be payable to 36 each system or library upon approval of the application by the depart- 37 ment. Forty percent of such aid shall be payable in the next state 38 fiscal year. The remaining ten percent shall be payable upon project 39 completion. 40 § 3. Section 273-a of the education law, as amended by chapter 389 of 41 the laws of 2019, is REPEALED. 42 § 4. Section 2 of chapter 498 of the laws of 2011 amending the educa- 43 tion law relating to the public library construction grant program, as 44 amended by section 32-a of part A of chapter 56 of the laws of 2023, is 45 amended to read as follows: 46 § 2. This act shall take effect on the first of April next succeeding 47 the date on which it shall have become a law [and shall expire and be 48 deemed repealed March 31, 2026]. 49 § 5. This act shall take effect immediately; provided, however that 50 the amendments to subdivision 1 of section 273-a of the education law 51 made by section one of this act shall be subject to the expiration and 52 reversion of such subdivision pursuant to section 2 of chapter 120 of 53 the laws of 2020, as amended, when upon such date the provisions of 54 section two of this act shall take effect.