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

                                 4101--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 17, 2011
                               ___________

Introduced  by Sens. FARLEY, ADDABBO, DeFRANCISCO, GRIFFO, HANNON, JOHN-
  SON, LARKIN, LAVALLE, MAZIARZ, RANZENHOFER, SEWARD, VALESKY, ZELDIN --
  read twice and ordered printed, and when printed to  be  committed  to
  the  Committee  on Education -- reported favorably from said committee
  and committed to the Committee on  Finance  --  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
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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00907-03-1
              

S. 4101--A                          2

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;
  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

S. 4101--A                          3

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.