Bill Text: NY A00113 | 2011-2012 | General Assembly | Amended
Bill Title: Relates to the public library construction grant program; increases state aid to up to 75% of total costs if the buildings are located in an economically disadvantaged community; provides acquisition of vacant land be considered an approved cost; provides that the application for state aid include documentation demonstrating that the project will address the needs of geographically isolated or economically disadvantaged communities; provides for an annual report on the library projects be submitted to the legislature.
Spectrum: Moderate Partisan Bill (Democrat 32-7)
Status: (Passed) 2011-09-23 - signed chap.498 [A00113 Detail]
Download: New_York-2011-A00113-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
113--A
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. PAULIN, GUNTHER, JAFFEE, V. LOPEZ, MOLINARO,
SCHROEDER, SPANO, RUSSELL, BING, PERRY, SCHIMEL, ROBERTS, N. RIVERA,
GALEF, CASTRO, AUBRY, WEPRIN, MILLMAN, PALMESANO -- Multi-Sponsored by
-- M. of A. ABBATE, ABINANTI, BARCLAY, BLANKENBUSH, BOYLAND, CAHILL,
GABRYSZAK, GOTTFRIED, P. LOPEZ, LUPARDO, McENENY, ORTIZ, RAIA, REILLY,
P. RIVERA, ROBINSON, SWEENEY, THIELE, TITONE, WEISENBERG -- read once
and referred to the Committee on Libraries and Education Technology --
reported and referred to the Committee on Ways and Means -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the education law, in relation to the public library
construction grant program; and providing for the repeal of such
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
2 572 of the laws of 2003, subdivision 1 as amended by section 4 of part A
3 of chapter 57 of the laws of 2009, is amended to read as follows:
4 S 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 acquisition OF VACANT LAND AND THE ACQUISITION, construction,
8 renovation or rehabilitation, including leasehold improvements, of
9 buildings of public libraries and library systems chartered by the
10 regents of the state of New York or established by act of the legisla-
11 ture subject to the limitations provided in subdivision [four] FIVE of
12 this section and upon approval by the commissioner, EXCEPT THAT STATE
13 AID MAY BE PROVIDED FOR UP TO SEVENTY-FIVE PERCENT OF THE TOTAL PROJECT
14 APPROVED COSTS FOR BUILDINGS OF PUBLIC LIBRARIES THAT ARE LOCATED IN AN
15 ECONOMICALLY DISADVANTAGED COMMUNITY. Provided however that the state
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00907-02-1
A. 113--A 2
1 liability for aid paid pursuant to this section shall be limited to
2 funds appropriated for such purpose. Aid shall be provided on approved
3 expenses incurred during the period commencing July first and ending
4 June thirtieth for up to three years, or until the project is completed,
5 whichever occurs first. Fifty percent of such aid shall be payable to
6 each system or library upon approval of the application BY THE DEPART-
7 MENT. Forty percent of such aid shall be payable in the next state
8 fiscal year. The remaining ten percent shall be payable upon project
9 completion.
10 2. Each application for state aid shall be submitted by the board of
11 trustees of the library or library system responsible for the operation
12 of the subject building to the commissioner for his review and approval,
13 after having been reviewed and approved by the governing board of the
14 public library system of which such library is a member. Each applica-
15 tion shall:
16 a. demonstrate that resources are or shall be available to provide for
17 maximum utilization of the project if approved;
18 b. contain verification in such form as may be acceptable to the
19 commissioner that the total cost of the project, exclusive of state aid,
20 has been or will be obtained;
21 c. demonstrate that library operations would be made more economical
22 as a consequence of approval;
23 d. be limited to one project concerning such building, provided that
24 no building shall be the subject of more than one application per year;
25 [and]
26 e. CONTAIN DOCUMENTATION, WHERE SUCH AN APPLICATION REQUESTS STATE AID
27 IN AN AMOUNT GREATER THAN FIFTY PERCENT, DEMONSTRATING HOW THE PROJECT
28 WILL ADDRESS THE SERVICE NEEDS OF ONE OR MORE ECONOMICALLY DISADVANTAGED
29 COMMUNITIES. SUCH DOCUMENTATION MAY DEMONSTRATE NEED THROUGH POVERTY
30 RATES, CONCENTRATIONS OF ENGLISH LANGUAGE LEARNERS, LOW HIGH SCHOOL
31 GRADUATION RATES, LIMITED FISCAL CAPACITY OR OTHER RELEVANT FACTORS; AND
32 F. provide such other information as may be required by the commis-
33 sioner.
34 3. IN APPROVING ANY APPLICATION THAT WOULD RECEIVE STATE AID BEYOND
35 FIFTY PERCENT OF THE TOTAL PROJECT APPROVED COSTS, THE BOARD OF TRUSTEES
36 OF THE LIBRARY SYSTEM SHALL GIVE PARTICULAR ATTENTION TO ADDRESSING THE
37 LIBRARY SERVICE NEEDS OF ECONOMICALLY DISADVANTAGED COMMUNITIES AS
38 PROVIDED FOR IN PARAGRAPH E OF SUBDIVISION TWO OF THIS SECTION.
39 4. In approving any application the commissioner shall consider the
40 condition of existing libraries and, where appropriate, the needs of
41 isolated or economically disadvantaged communities, provided that no
42 application shall be approved for a project that is deemed by the
43 commissioner to have been completed prior to the date of the applica-
44 tion.
45 [4.] 5. Aid shall be distributed pursuant to this section as follows:
46 a. sixty percent of the funds appropriated pursuant to this section
47 shall be made available to libraries within each system by the commis-
48 sioner in such manner as to insure that the ratio of the amount received
49 within each system to the whole of the aid made available pursuant to
50 this paragraph is no greater than the ratio of the population served by
51 such system to the population of the state;
52 b. forty percent of the funds appropriated pursuant to this section
53 shall be made available to library systems or libraries within each
54 system by the commissioner in such manner as to insure that an equal
55 amount is received within each system in the state;
A. 113--A 3
1 c. any funds made available pursuant to paragraph a or b of this
2 subdivision which by April first of each succeeding fiscal year, are
3 declined by such libraries or library systems for any reason, or which
4 cannot otherwise be used by such libraries or library systems for any
5 reason, shall be made available by the commissioner to other eligible
6 libraries within such system, or if no such library can use such funds
7 shall be reallocated among the other library systems and their libraries
8 in a manner that will to the extent possible provide from such reallo-
9 cated funds an equal amount to each such system.
10 [5.] 6. The commissioner shall adopt rules and regulations as are
11 necessary to carry out the purposes and provisions of this section.
12 7. THE COMMISSIONER SHALL SUBMIT TO THE TEMPORARY PRESIDENT OF THE
13 SENATE AND THE SPEAKER OF THE ASSEMBLY AN ANNUAL REPORT DESCRIBING THOSE
14 PROJECTS THAT HAVE RECEIVED STATE FUNDING OF GREATER THAN FIFTY PERCENT
15 OF PROJECT COSTS AND THE COMMUNITIES TO BE SERVED BY THOSE PROJECTS.
16 S 2. This act shall take effect on the first of April next succeeding
17 the date on which it shall have become a law and shall expire and be
18 deemed repealed March 31, 2015.
