Bill Text: NY A03771 | 2019-2020 | General Assembly | Amended
Bill Title: Provides that state aid may be provided for up to 90% of the total project approved costs for buildings of public libraries that are located in an economically distressed community.
Spectrum: Slight Partisan Bill (Democrat 5-2)
Status: (Passed) 2019-10-22 - signed chap.381 [A03771 Detail]
Download: New_York-2019-A03771-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 3771--A 2019-2020 Regular Sessions IN ASSEMBLY January 31, 2019 ___________ Introduced by M. of A. BARRETT, PALMESANO, LUPARDO -- Multi-Sponsored by -- M. of A. BYRNES -- read once and referred to the Committee on Libraries and Education Technology -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee 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: 1 Section 1. Section 273-a of the education law, as amended by chapter 2 498 of the laws of 2011, subdivision 1 as amended by chapter 480 of the 3 laws of 2015, is amended to read as follows: 4 § 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 installation and infrastructure of broadband services, and for 8 the acquisition of vacant land and the acquisition, construction, reno- 9 vation or rehabilitation, including leasehold improvements, of buildings 10 of public libraries and library systems chartered by the regents of the 11 state of New York or established by act of the legislature subject to 12 the limitations provided in subdivision [five] six of this section and 13 upon approval by the commissioner, except that state aid may be provided 14 for up to seventy-five percent of the total project approved costs for 15 buildings of public libraries that are located in an economically disad- 16 vantaged community and that state aid may be provided for up to ninety 17 percent of the total project approved costs for buildings of public 18 libraries that are located in an economically distressed community. 19 Provided however that the state liability for aid paid pursuant to this 20 section shall be limited to funds appropriated for such purpose. Aid 21 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. LBD00563-03-9A. 3771--A 2 1 commencing July first and ending June thirtieth for up to three years, 2 or until the project is completed, whichever occurs first. Fifty percent 3 of such aid shall be payable to each system or library upon approval of 4 the application by the department. Forty percent of such aid shall be 5 payable in the next state fiscal year. The remaining ten percent shall 6 be payable upon project completion. 7 2. Each application for state aid shall be submitted by the board of 8 trustees of the library or library system responsible for the operation 9 of the subject building to the commissioner for his or her review and 10 approval, after having been reviewed and approved by the governing board 11 of the public library system of which such library is a member. Each 12 application shall: 13 a. demonstrate that resources are or shall be available to provide for 14 maximum utilization of the project if approved; 15 b. contain verification in such form as may be acceptable to the 16 commissioner that the total cost of the project, exclusive of state aid, 17 has been or will be obtained; 18 c. demonstrate that library operations would be made more economical 19 as a consequence of approval; 20 d. be limited to one project concerning such building, provided that 21 no building shall be the subject of more than one application per year; 22 e. contain documentation, where such an application requests state aid 23 in an amount greater than fifty percent, demonstrating how the project 24 will address the service needs of one or more economically disadvantaged 25 communities. Such documentation may demonstrate need through poverty 26 rates, concentrations of English language learners, low high school 27 graduation rates, limited fiscal capacity or other relevant factors; 28 [and] 29 f. contain documentation, where such an application requests state aid 30 in an amount greater than seventy-five percent, demonstrating how the 31 project will address the service needs of one or more economically 32 distressed communities. An application must demonstrate that the average 33 poverty rate within the library's service area is equal to or greater 34 than the New York state average poverty rate using federal census data; 35 and the library must demonstrate that it lacks the capacity to provide 36 twenty-five percent of the project costs; and 37 g. provide such other information as may be required by the commis- 38 sioner. 39 3. In approving any application that would receive state aid beyond 40 fifty percent of the total project approved costs, the board of trustees 41 of the library system shall give particular attention to addressing the 42 library service needs of economically disadvantaged communities as 43 provided for in paragraph e of subdivision two of this section. 44 4. In approving any application that would receive state aid beyond 45 seventy-five percent of the total project approved costs, the board of 46 trustees of the library system shall give particular attention to 47 addressing the library service needs of economically distressed communi- 48 ties as provided for in paragraph f of subdivision two of this section. 49 No more than ten percent of the total funds appropriated to a library 50 system in subdivision six of this section may be used to support the 51 total costs for projects that would receive state aid beyond seventy- 52 five percent of the total project approved costs. 53 5. In approving any application the commissioner shall consider the 54 condition of existing libraries and, where appropriate, the needs of 55 isolated or economically disadvantaged communities, provided that no 56 application shall be approved for a project that is deemed by theA. 3771--A 3 1 commissioner to have been completed prior to the date of the applica- 2 tion. 3 [5.] 6. Aid shall be distributed pursuant to this section as follows: 4 a. sixty percent of the funds appropriated pursuant to this section 5 shall be made available to libraries within each system by the commis- 6 sioner in such manner as to insure that the ratio of the amount received 7 within each system to the whole of the aid made available pursuant to 8 this paragraph is no greater than the ratio of the population served by 9 such system to the population of the state; 10 b. forty percent of the funds appropriated pursuant to this section 11 shall be made available to library systems or libraries within each 12 system by the commissioner in such manner as to insure that an equal 13 amount is received within each system in the state; 14 c. any funds made available pursuant to paragraph a or b of this 15 subdivision which by April first of each succeeding fiscal year, are 16 declined by such libraries or library systems for any reason, or which 17 cannot otherwise be used by such libraries or library systems for any 18 reason, shall be made available by the commissioner to other eligible 19 libraries within such system, or if no such library can use such funds 20 shall be reallocated among the other library systems and their libraries 21 in a manner that will to the extent possible provide from such reallo- 22 cated funds an equal amount to each such system. 23 [6.] 7. The commissioner shall adopt rules and regulations as are 24 necessary to carry out the purposes and provisions of this section. 25 [7.] 8. The commissioner shall submit to the temporary president of 26 the senate and the speaker of the assembly an annual report describing 27 those projects that have received state funding of greater than fifty 28 percent of project costs and the communities to be served by those 29 projects. 30 § 2. This act shall take effect immediately; provided, however, that 31 the amendments to section 273-a of the education law made by section one 32 of this act shall not affect the expiration of such section and shall be 33 deemed to expire therewith.
