S T A T E   O F   N E W   Y O R K
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                                 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:

  Section  1.  Section 273-a of the education law, as amended by chapter
572 of the laws of 2003, subdivision 1 as amended by section 4 of part A
of chapter 57 of the laws of 2009, is amended to read as follows:
  S 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 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 legisla-
ture subject to the limitations provided in subdivision [four]  FIVE  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 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

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 the application BY  THE  DEPART-
MENT.    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 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  applica-
tion 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;
[and]
  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. 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 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.
  [4.] 5. 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  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;

A. 113--A                           3

  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.
  [5.] 6. The commissioner shall adopt  rules  and  regulations  as  are
necessary to carry out the purposes and provisions of this section.
  7.  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.
  S  2. This act shall take effect on the first of April next succeeding
the date on which it shall have become a law and  shall  expire  and  be
deemed repealed March 31, 2015.