senate Bill S2856A

Signed By Governor
2013-2014 Legislative Session

Relates to state aid to the conservation and preservation of library materials program

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Archive: Last Bill Status - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Sep 27, 2013 signed chap.362
Sep 17, 2013 delivered to governor
Jun 17, 2013 returned to senate
passed assembly
ordered to third reading rules cal.191
substituted for a4664b
Jun 12, 2013 referred to ways and means
delivered to assembly
passed senate
Jun 11, 2013 ordered to third reading cal.1246
committee discharged and committed to rules
May 31, 2013 print number 2856b
amend and recommit to finance
May 30, 2013 reported and committed to finance
Feb 27, 2013 print number 2856a
amend (t) and recommit to education
Jan 24, 2013 referred to education

Votes

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Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S2856 - Bill Details

Law Section:
Education Law
Laws Affected:
Amd §273, Ed L
Versions Introduced in 2011-2012 Legislative Session:
S7237

S2856 - Bill Texts

view summary

Relates to state aid to the conservation and preservation of library materials program; prohibits decreasing state aid for such program beginning in fiscal year 2014.

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BILL NUMBER:S2856

TITLE OF BILL: An act to amend the education law, in relation to state
aid to libraries and library systems

PURPOSE: This bill would consolidate, streamline and update certain
library aid programs in order to make them more cost-efficient and
effective.

SUMMARY OF PROVISIONS:

Section 273(1)(b) of the Education Law is amended to clarify and ensure
that central library development aid may be used to purchase "electronic
resources" in addition to books and nonprint materials.

Section 273(1)(c) of the Education Law is amended to increase the per
capita aid level for public library systems from 94 cents to $1.62.
This change is cost-neutral as it is offset by the elimination of the
cumbersome reimbursement program of 68 cents per capita for expenditures
on books, periodicals, binding and nonprint materials. In addition, the
automation program aid formula -- which is currently tied to the book
reimbursement program -- is adjusted in 273(1)(d) to ensure that the
overall funding amount for automation program aid remains the same.

Section 273(1)(f)(1) of the Education Law is amended to update the
existing "hold harmless" provision regarding state aid and population
changes. This amendment provides that no library shall receive less in
per capita Local Library Services Aid than it received in 2011. This
section is also amended to remove the limitation that the Commissioner
of Education may only grant waivers or variances from minimum standards
in the same year that there has been a reduction of local library
services aid.

Section 273(1)(h) of the Education Law is amended to expand the Coordi-
nated Outreach Services program to be the Coordinated Outreach and Youth
Services program. It increases the base grant each public library system
receives for this program from $43,000 to $65,000. This change is cost-
neutral as the funds for this increase come from the elimination of two
programs: the $200,000 competitive adult literacy grant program and the
$300,000 competitive family literacy grant program.

Section 273(7) of the Education Law is amended in order to streamline
the Conservation and Preservation of Library Research Materials program.
It increases the annual formula grant for the "Big Eleven" Research
Libraries from $126,000 to $158,000. This change is cost-neutral as it
is offset by the elimination of the competitive $350,000 coordinated
conservation/preservation grant program for the Big Eleven Research
Libraries.

Section 273(11) of the Education Law is amended to update the existing
"hold harmless" provision regarding state aid and population changes.
The amendment provides that, beginning in calendar year 2013, no library

or library system will receive less aid than it would have been eligible
to receive in 2011 solely by reason of a decrease in the population of
the area served in accordance with the latest federal census.

JUSTIFICATION: This bill will consolidate, streamline and modernize a
number of existing library aid provisions in state law in order to help
New York's network of state-supported library systems and libraries
better meet the needs of New Yorkers. The changes will also provide
library systems with more flexibility so they can work in partnership
with each other, with local libraries and with the State Library to
adapt existing programs and services to meet the changing needs of
library customers and achieve greater economies of scale. The changes
accomplished by this legislation will enable library systems and
libraries to more quickly institute new programs and services that take
full advantage of new technologies and digital content, in cost effi-
cient and operationally effective manners.

The proposed amendments to Section 273 of the Education Law will stream-
line and update several outdated aid formulas. The proposed legislation
will eliminate three different statewide competitive grant programs and
shift these State funds into formula aid programs with similar purposes.
Each of these three competitive grant programs are underfunded compared
to the need, and annually benefit only relatively small numbers of
libraries. In addition, the State's administrative requirements for
competitive grant programs have become increasingly stringent, with
multiple and costly layers of review and approvals. These costly layers
of review drain limited staffing resources and result in long delays in
grant approvals by control agencies. As a result, local libraries may
have only a two or three month window to complete what was intended by
statute to be a twelve month grant project. The administrative burden
consequently outweighs the benefits of these relatively small, targeted
competitive grant programs.

Going forward, the State funds will be redirected into similar statutory
formula programs in order to continue to address what are still areas of
critical need. Programs for New Yorkers needing adult literacy library
services and family literacy library services will be provided through
the expanded public library systems' coordinated outreach library
services and youth services program. The conservation and preservation
of unique and fragile library research materials will be enhanced by the
addition of the $350,000 from the coordinated conservation/preservation
competitive grant program to the annual statutory funding for the Big
Eleven research libraries.

As a result of these changes, these limited State funds will benefit
larger numbers of libraries and library users in a more efficient and
cost-effective manner. The elimination of the three under-funded and
labor intensive competitive grant programs will also result in opera-
tional efficiencies for the State Library, the State Education Depart-
ment, control agencies, and local libraries.

The effective dates of the elimination of the adult and family literacy
grant programs, and the Coordinated Conservation/Preservation Grant
Program, are delayed, since these programs are currently operating on a
multi-year cycle. The bill would also update the "hold harmless"
provisions which had been previously enacted to protect libraries and
library systems from the loss of State funding due to Census changes.
Some state aid programs fund libraries on a per capita basis, and a
relatively small percentage of libraries would be unduly affected by a
loss of state aid resulting from population losses.

LEGISLATIVE HISTORY: S.7237 of 2012. Passed Senate 60-0.

FISCAL IMPLICATIONS: The bill is estimated to result in administrative
savings to the State Library of some $50,000 by eliminating a few
competitive grant programs which are costly to administer, especially in
relation to the small amount of moneys provided under these programs.
The changes to the library aid programs themselves are fiscally neutral,
as increases in certain programs are offset by the elimination of other
programs.

EFFECTIVE DATE: This act shall take effect immediately and shall be
deemed to have been in full force and effect as of April 1, 2013, except
that the changes to the adult and family literacy grant programs shall
take effect April 1, 2014, and the changes to the competitive Coordi-
nated Conservation/Preservation Grant Program shall take effect April 1,
2015.

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

                                  2856

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 24, 2013
                               ___________

Introduced  by  Sen.  FARLEY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education

AN ACT to amend the education law, in relation to state aid to libraries
  and library systems

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraphs b, c and d, subparagraph 1 of paragraph f, and
paragraph h of subdivision 1 of section 273 of  the  education  law,  as
amended  by  section  3 of part O of chapter 57 of the laws of 2005, are
amended to read as follows:
  b. In a library system which submits a plan for further development of
its central library, which plan shall be approved by the commissioner in
relation to standards for such central libraries, the amount of  central
library development aid shall be:
  (1) thirty-two cents per capita of the population within the chartered
area  of  service  of  such  library system with a minimum amount of one
hundred five thousand dollars, and
  (2) an additional seventy-one thousand five  hundred  dollars  to  the
library  system  for  the  purchase  of  books  and  materials including
nonprint materials AND ELECTRONIC RESOURCES, as defined  in  regulations
of the commissioner, for its central library. Ownership of library mate-
rials  and equipment purchased with such central library aid provided by
this paragraph shall be vested in the public library system.
  c. The sum of [ninety-four] ONE DOLLAR AND SIXTY-TWO cents per  capita
of population of the area served.
  d.  [(1)  An  amount  equal to the amount by which expenditures by the
library system for books, periodicals, binding  and  nonprint  materials
during the preceding fiscal year exceeds forty cents per capita of popu-
lation  of  the area served but the total apportionment pursuant to this
subparagraph shall not exceed sixty-eight cents per capita of population
served. In the first year  in  which  any  library  system  changes  its

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06736-01-3

S. 2856                             2

reporting  from the calendar year to a fiscal year other than the calen-
dar year, it shall file any additional reporting schedules deemed neces-
sary by the commissioner for the purpose of determining  state  aid  for
the calendar year.
  (2)]  Each public library system with an automation program to support
bibliographic control and interlibrary sharing of information  resources
of  member  libraries,  and  to  coordinate  and integrate the automated
system or systems of such member libraries consistent  with  regulations
of  the  commissioner,  shall  be eligible to receive an amount equal to
[seven] THREE percent of the amount earned in [subparagraph  one]  PARA-
GRAPH  C  of  this [paragraph] SUBDIVISION, or seventy-six thousand five
hundred dollars, whichever is more.
  (1) Local library services aid. Except in cities with a population  in
excess  of one million inhabitants, each chartered and registered public
and free association library meeting standards of service promulgated by
the commissioner, and each public or free association library serving  a
city with a population of one hundred thousand or more which merged with
the  public  library system on or before January first, nineteen hundred
seventy-six and which meets standards  of  service  promulgated  by  the
commissioner, shall be eligible to receive annually thirty-one cents per
capita  of  the population of the library's chartered service area as on
file with the commissioner on January first of  the  calendar  year  for
which  aid is payable, or, thirty-one cents per capita of the population
of the city with a population of one  hundred  thousand  or  more  whose
public or free association library merged with the public library system
on or before January first, nineteen hundred seventy-six, with a minimum
amount  of  one  thousand  five  hundred dollars, except that no library
shall receive less  than  the  amount  of  local  library  services  aid
received  in  two thousand [one] ELEVEN. Regulations of the commissioner
shall provide a method for establishing  changes  in  chartered  service
areas  or  determining  populations  thereof. Local library services aid
shall be paid to the system  for  distribution  within  thirty  days  of
receipt  to  its  member  libraries in accordance with this subdivision.
Notwithstanding  any  contrary  provisions  of  this  subparagraph,  the
commissioner  shall  establish  procedures  under which a public or free
association library may apply for a waiver of the  requirements  of  the
standards of service[; provided, however, that any such waivers may only
be  granted in the same year in which the commissioner has apportioned a
reduction adjustment].
  h. [(1)] Coordinated outreach AND YOUTH services. Each public  library
system  which  provides  coordinated  outreach  AND  YOUTH  services, as
defined by regulations to be promulgated by the commissioner, to persons
who are educationally disadvantaged or who  are  members  of  ethnic  or
minority  groups  in  need of special library services, or who are unem-
ployed and in need of job placement assistance, or  who  live  in  areas
underserved  by  a  library, or who are blind, physically disabled, have
developmental or learning disabilities, or who are aged or  confined  in
institutions,  shall  be  entitled  to  receive  annually  [forty-three]
SIXTY-FIVE thousand dollars and thirteen cents per capita of  the  total
population of the area served.
  [(2) Adult literacy grants. The commissioner shall award annual grants
for  approved  expenses  for  library-based programs conducted by public
library systems and public and  free  association  libraries  which  are
members  of  a  public library system to assist adults to increase their
literacy skills. The commissioner shall award such grants having  deter-
mined  that such programs are being operated in direct coordination with

S. 2856                             3

local public schools, colleges and other organizations which are operat-
ing similar adult literacy programs. Annual state  aid  of  two  hundred
thousand  dollars  shall  be awarded for grants in accordance with regu-
lations promulgated by the commissioner. Ninety percent of the amount of
any  such adult literacy grant shall be payable to the library or system
upon approval by the department. The final ten percent shall be  payable
upon completion of the project.
  (3) Family literacy grants. The commissioner shall award annual grants
for  approved  expenses  for  library-based family literacy programs for
pre-school and school age children and their parents conducted by public
library systems and public  libraries  and  free  association  libraries
which  are members of a public library system. Annual state aid of three
hundred thousand dollars for grants shall be awarded in accordance  with
regulations  promulgated  by  the  commissioner.  Ninety  percent of the
amount of any such family literacy grant shall be payable to the library
or system upon approval by the department. The final ten  percent  shall
be payable upon completion of the project.]
  S 2. Subdivisions 7 and 11 of section 273 of the education law, subdi-
vision  7 as amended by section 3 of part O of chapter 57 of the laws of
2005, subdivision 11 as added by section 3 of part A-5 of chapter 58  of
the laws of 2006, are amended to read as follows:
  7. Conservation and preservation of library research materials. a. The
commissioner  shall  award,  BY  JULY FIRST in any state fiscal year, an
annual FORMULA grant of one hundred  [twenty-six]  FIFTY-EIGHT  thousand
dollars  for  a  program  of conservation and/or preservation of library
research materials to  each  of  the  following  comprehensive  research
libraries:  Columbia university libraries, Cornell university libraries,
New York state library, New York  university  libraries,  university  of
Rochester   libraries,   Syracuse  university  libraries,  the  research
libraries of the New York public library, state university of  New  York
at  Albany  library, state university of New York at Binghamton library,
state university of New York at Buffalo library, and state university of
New York at Stony Brook library.
  b. To be eligible for such FORMULA  grants,  each  such  comprehensive
research library must submit both a five-year plan and an annual program
budget.  The plan must satisfy criteria to be established by the commis-
sioner in regulations relating to the identification of library research
materials,  the  need  for  their  preservation,  and the means of their
conservation.
  c. [Additional grants, the sum of which shall not exceed three hundred
fifty thousand dollars in any state fiscal year, may be made to  any  or
all  of  the  eleven  comprehensive  research libraries for preservation
and/or conservation of  library  research  materials  on  the  basis  of
project  proposals.  Approval  of  such  proposals, and determination of
funding level, shall be based upon their contribution to development  of
cooperative programs and/or facilities for conservation and/or preserva-
tion  works  in the state, including but not limited to such factors as:
institutional commitment to development of  a  collective  capacity  and
coordinated  approach to conservation and preservation of research mate-
rials important to the people of the state; research value of  materials
to  be  preserved  and/or conserved; appropriateness of conservation and
preservation  techniques  in  accordance  with  statewide  planning  and
national  standards; institutional capacity for successful completion of
the project, including facilities, experience, and technical  expertise;
availability  of staff with appropriate training and expertise; contrib-
ution of the institution to the project  in  matching  funds  and  staff

S. 2856                             4

resources;  and volume of interlibrary lending and access to holdings by
the public. Ninety percent of each such  grant  shall  be  payable  upon
approval  by the department and the remaining ten percent shall be paya-
ble upon project completion.
  d.] Other agencies and libraries, as defined in regulations promulgat-
ed  by  the commissioner, which are not eligible for funding under para-
graph a of this subdivision, may receive  separate  grants  the  sum  of
which shall not exceed five hundred thousand dollars in any state fiscal
year  to  support the preservation and/or conservation of unique library
research materials. Such agencies and libraries shall  submit  proposals
which  shall  be  evaluated  and  determinations of approval and funding
shall be made [on the same basis set forth in paragraph c of this subdi-
vision]. Ninety percent  of  each  such  grant  shall  be  payable  upon
approval  by the department and the remaining ten percent shall be paya-
ble upon project completion.
  [e.] D. Funds made available under the provisions of this section  may
be  used by comprehensive research libraries and other agencies eligible
for funding to obtain matching funds from the national endowment for the
humanities preservation program.
  [f.] E. The commissioner shall establish an office for coordination of
conservation and/or preservation of library research materials to  iden-
tify  the conservation and/or preservation needs of libraries within the
state, to assess the technology  available  for  such  conservation  and
preservation,  and  to  coordinate  the  conservation  and  preservation
efforts resulting from this legislation.
  11. Notwithstanding any other provision of law to the  contrary,  each
year  commencing  with the two thousand [six] THIRTEEN calendar year, no
library or library system  shall  receive  less  aid  pursuant  to  this
section or section two hundred seventy-one or two hundred seventy-two of
this  part than it would have been eligible to receive for the two thou-
sand [one] ELEVEN calendar year solely by reason of a  decrease  in  the
population of the area served as a result of the latest approved federal
census.
  S  3.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2013; provided,
that the amendments to paragraph h of subdivision 1 of  section  273  of
the  education  law  made  by  section one of this act shall take effect
April 1, 2014; and provided further, that the amendments  to  paragraphs
a,  c,  d,  e and f of subdivision 7 of section 273 of the education law
made by section two of this act shall take effect April 1, 2015.

S2856A - Bill Details

Law Section:
Education Law
Laws Affected:
Amd §273, Ed L
Versions Introduced in 2011-2012 Legislative Session:
S7237

S2856A - Bill Texts

view summary

Relates to state aid to the conservation and preservation of library materials program; prohibits decreasing state aid for such program beginning in fiscal year 2014.

view sponsor memo
BILL NUMBER:S2856A

TITLE OF BILL: An act to amend the education law, in relation to the
conservation and preservation of library research materials program

PURPOSE: The purpose of this bill is to amend Education Law 273 (7)
in order to streamline and modernize the conservation and preservation
program for library research materials.

SUMMARY OF PROVISIONS: These amendments will replace the complex and
competitive $350,000 coordinated conservation/preservation grant
program authorized under subparagraph (c) for the Big Eleven Research
Libraries. The bill will also amend subparagraph (a) to move the funds
from (c) to (a) in order to increase the statutory amount available to
each of the eligible Big Eleven research libraries from $126,000 to
$158,000. The statutory amount available to the Big Eleven research
libraries has remained the same since the program was established in
1984.

Other changes to subparagraph (b) will provide that the New York State
Research Library's statutory formula conservation/preservation program
shall be funded at the same level in the state operations budget as
are the programs of the ten other Big Eleven Research libraries in the
local assistance budget.

JUSTIFICATION: This bill will streamline and modernize the
conservation and preservation program for the Big Eleven research
libraries.

The proposed amendments to Section 273 of the Education Law will
eliminate the competitive grant program and instead shift these State
funds into the formula aid program. The State's administrative
requirements for competitive grant programs have become increasingly
stringent, with multiple and costly layers of review and approvals.
These costly layers of review drain limited staffing resources and
result in long delays in grant approvals by control agencies. The
administrative burden consequently outweighs the benefits of these
relatively small, targeted competitive grant programs.

It will be more efficient and beneficial to redirect the $350,000 from
the coordinated conservation/preservation competitive grant program
into the annual statutory funding for the Big Eleven research
libraries. This will enhance the program to conserve and preserve
unique and fragile library research materials.

The elimination of this under-funded and labor intensive competitive
grant program will also result in operational efficiencies for the
State Library, the State Education Department, control agencies, and
local libraries.

The effective date of the elimination of the Coordinated
Conservation/Preservation Grant Program is delayed, since this program
is currently operating on a multi-year cycle.

LEGISLATIVE HISTORY: This bill is similar to a provision that was in
S.7237 of 2012. Passed Senate 60-0.


FISCAL IMPLICATIONS: The bill is estimated to result in some
administrative savings to the State Library by eliminating a
competitive grant program which is costly to administer, especially in
relation to the small amount of moneys provided under this program.
The changes to the library aid program itself is fiscally neutral, as
increases in the statutory amount are offset by the elimination of the
competitive grant program.

EFFECTIVE DATE: This act shall take effect immediately and shall be
deemed to have been in full force and effect as of April 1, 2013,
except that certain amendments shall take effect April 1, 2014.

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

                                 2856--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 24, 2013
                               ___________

Introduced  by  Sen.  FARLEY -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Education  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to amend the education law, in relation to the conservation and
  preservation of library research materials program

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.    Subdivision  7  of section 273 of the education law, as
amended by section 3 of part O of chapter 57 of the  laws  of  2005,  is
amended to read as follows:
  7. Conservation and preservation of library research materials. a. The
commissioner  shall  award,  BY  JULY FIRST in any state fiscal year, an
annual FORMULA grant of one hundred  [twenty-six]  FIFTY-EIGHT  thousand
dollars  for  a  program  of conservation and/or preservation of library
research materials to  each  of  the  following  comprehensive  research
libraries:  Columbia university libraries, Cornell university libraries,
New York state library, New York  university  libraries,  university  of
Rochester   libraries,   Syracuse  university  libraries,  the  research
libraries of the New York public library, state university of  New  York
at  Albany  library, state university of New York at Binghamton library,
state university of New York at Buffalo library, and state university of
New York at Stony Brook library.
  b. To be eligible for such FORMULA  grants,  each  such  comprehensive
research library must submit both a five-year plan and an annual program
budget.  The plan must satisfy criteria to be established by the commis-
sioner in regulations relating to the identification of library research
materials,  the  need  for  their  preservation,  and the means of their
conservation.
  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE  ANNUAL  APPROPRIATION
PROVIDED BY THE STATE UNDER THE PROVISIONS OF PARAGRAPH A OF THIS SUBDI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06736-02-3

S. 2856--A                          2

VISION  FOR  THE  NEW  YORK STATE LIBRARY IN THE STATE OPERATIONS BUDGET
SHALL BE EQUAL TO AND NOT LESS THAN THE  APPROPRIATION  AMOUNT  PROVIDED
FOR  EACH  OF  THE  OTHER  COMPREHENSIVE RESEARCH LIBRARIES IN THE STATE
LOCAL ASSISTANCE BUDGET.
  c. [Additional grants, the sum of which shall not exceed three hundred
fifty  thousand  dollars in any state fiscal year, may be made to any or
all of the eleven  comprehensive  research  libraries  for  preservation
and/or  conservation  of  library  research  materials  on  the basis of
project proposals. Approval of  such  proposals,  and  determination  of
funding  level, shall be based upon their contribution to development of
cooperative programs and/or facilities for conservation and/or preserva-
tion works in the state, including but not limited to such  factors  as:
institutional  commitment  to  development  of a collective capacity and
coordinated approach to conservation and preservation of research  mate-
rials  important to the people of the state; research value of materials
to be preserved and/or conserved; appropriateness  of  conservation  and
preservation  techniques  in  accordance  with  statewide  planning  and
national standards; institutional capacity for successful completion  of
the  project, including facilities, experience, and technical expertise;
availability of staff with appropriate training and expertise;  contrib-
ution  of  the  institution  to  the project in matching funds and staff
resources; and volume of interlibrary lending and access to holdings  by
the  public.  Ninety  percent  of  each such grant shall be payable upon
approval by the department and the remaining ten percent shall be  paya-
ble upon project completion.
  d.] Other agencies and libraries, as defined in regulations promulgat-
ed  by  the commissioner, which are not eligible for funding under para-
graph a of this subdivision, may receive  separate  grants  the  sum  of
which shall not exceed five hundred thousand dollars in any state fiscal
year  to  support the preservation and/or conservation of unique library
research materials. Such agencies and libraries shall  submit  proposals
which  shall  be  evaluated  and  determinations of approval and funding
shall be made [on the same basis set forth in paragraph c of this subdi-
vision]. Ninety percent  of  each  such  grant  shall  be  payable  upon
approval  by the department and the remaining ten percent shall be paya-
ble upon project completion.
  [e.] D. Funds made available under the provisions of this section  may
be  used by comprehensive research libraries and other agencies eligible
for funding to obtain matching funds from the national endowment for the
humanities preservation program.
  [f.] E. The commissioner shall establish an office for coordination of
conservation and/or preservation of library research materials to  iden-
tify  the conservation and/or preservation needs of libraries within the
state, to assess the technology  available  for  such  conservation  and
preservation,  and  to  coordinate  the  conservation  and  preservation
efforts resulting from this legislation.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2013; provided,
however, that the amendments made to paragraphs a and c of subdivision 7
of  section  273  of  the education law by section one of this act shall
take effect April 1, 2014.

S2856B (ACTIVE) - Bill Details

Law Section:
Education Law
Laws Affected:
Amd §273, Ed L
Versions Introduced in 2011-2012 Legislative Session:
S7237

S2856B (ACTIVE) - Bill Texts

view summary

Relates to state aid to the conservation and preservation of library materials program; prohibits decreasing state aid for such program beginning in fiscal year 2014.

view sponsor memo
BILL NUMBER:S2856B

TITLE OF BILL:
An act
to amend the education law, in relation to
the conservation and preservation of library research materials program

PURPOSE:

The purpose of this bill is to amend Education Law 273 (7) in order to
streamline and modernize the conservation and preservation program
for library research materials.

SUMMARY OF PROVISIONS:

These amendments will replace the complex and competitive $350,000
coordinated conservation/preservation grant program authorized under
subparagraph (c) for the Big Eleven Research Libraries. The bill will
also amend subparagraph (a) to move the funds from (c) to (a) in
order to increase the statutory amount available to each of the
eligible Big Eleven research libraries from $126,000 to $158,000.
The statutory amount available to the Big Eleven research libraries
has remained the same since the program was established in 1984.

JUSTIFICATION:

This bill will streamline and modernize the conservation and
preservation program for the Big Eleven research libraries.

The proposed amendments to Section 273 of the Education Law will
eliminate the competitive grant program and instead shift these State
funds into the formula aid program. The State's administrative
requirements for competitive grant programs have become increasingly
stringent, with multiple and costly layers of review and approvals.
These costly layers of review drain limited staffing resources and
result in long delays in grant approvals by control agencies. The
administrative burden consequently outweighs the benefits of these
relatively small, targeted competitive grant programs.

It will be more efficient and beneficial to redirect the $350,000 from
the coordinated conservation/preservation competitive grant program
into the annual statutory funding for the Big Eleven research
libraries. This will enhance the program to conserve and preserve
unique and fragile library research materials.

The elimination of this under-funded and labor intensive competitive
grant program will also result in operational efficiencies for the
State Library, the State Education Department, control agencies, and
local libraries.

The effective date of the elimination of the Coordinated
Conservation/Preservation Grant Program is delayed, since this
program is currently operating on a multi-year cycle.

LEGISLATIVE HISTORY:


This bill is similar to a provision that was in S.7237 of 2012.
Passed Senate 60-0.

FISCAL IMPLICATIONS:

The bill is estimated to result in some administrative savings to the
State Library by eliminating a competitive grant program which is
costly to administer, especially in relation to the small amount of
moneys provided under this program. The changes to the library aid
program itself is fiscally neutral, as increases in the statutory
amount are offset by the elimination of the competitive grant program.

EFFECTIVE DATE:

This act shall take effect immediately and shall be deemed to have
been in full force and effect as of April 1, 2013, except that
certain amendments shall take effect April 1, 2014.

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

                                 2856--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 24, 2013
                               ___________

Introduced  by  Sen.  FARLEY -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Education  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  reported  favorably  from  said committee and
  committed to the Committee on Finance --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the education law, in relation to the  conservation  and
  preservation of library research materials program

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Subdivision 7 of section 273  of  the  education  law,  as
amended  by  section  3  of part O of chapter 57 of the laws of 2005, is
amended to read as follows:
  7. Conservation and preservation of library research materials. a. The
commissioner shall award in any state fiscal  year,  an  annual  FORMULA
grant  of  one  hundred  [twenty-six] FIFTY-EIGHT thousand dollars for a
program of conservation and/or preservation of library research  materi-
als  to each of the following comprehensive research libraries: Columbia
university libraries,  Cornell  university  libraries,  New  York  state
library,   New   York  university  libraries,  university  of  Rochester
libraries, Syracuse university libraries, the research libraries of  the
New York public library, state university of New York at Albany library,
state  university of New York at Binghamton library, state university of
New York at Buffalo library, and state university of New York  at  Stony
Brook library.
  b.  To  be  eligible  for such FORMULA grants, each such comprehensive
research library must submit both a five-year plan and an annual program
budget.  The plan must satisfy criteria to be established by the commis-
sioner in regulations relating to the identification of library research
materials, the need for their  preservation,  and  the  means  of  their
conservation.
  c. [Additional grants, the sum of which shall not exceed three hundred
fifty  thousand  dollars in any state fiscal year, may be made to any or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06736-05-3

S. 2856--B                          2

all of the eleven  comprehensive  research  libraries  for  preservation
and/or  conservation  of  library  research  materials  on  the basis of
project proposals. Approval of  such  proposals,  and  determination  of
funding  level, shall be based upon their contribution to development of
cooperative programs and/or facilities for conservation and/or preserva-
tion works in the state, including but not limited to such  factors  as:
institutional  commitment  to  development  of a collective capacity and
coordinated approach to conservation and preservation of research  mate-
rials  important to the people of the state; research value of materials
to be preserved and/or conserved; appropriateness  of  conservation  and
preservation  techniques  in  accordance  with  statewide  planning  and
national standards; institutional capacity for successful completion  of
the  project, including facilities, experience, and technical expertise;
availability of staff with appropriate training and expertise;  contrib-
ution  of  the  institution  to  the project in matching funds and staff
resources; and volume of interlibrary lending and access to holdings  by
the  public.  Ninety  percent  of  each such grant shall be payable upon
approval by the department and the remaining ten percent shall be  paya-
ble upon project completion.
  d.] Other agencies and libraries, as defined in regulations promulgat-
ed  by  the commissioner, which are not eligible for funding under para-
graph a of this subdivision, may receive  separate  grants  the  sum  of
which shall not exceed five hundred thousand dollars in any state fiscal
year  to  support the preservation and/or conservation of unique library
research materials. Such agencies and  libraries  shall  submit  PROJECT
proposals  [which  shall be evaluated and determinations of approval and
funding shall be made on the same basis set forth in paragraph c of this
subdivision].  APPROVAL OF SUCH PROJECT PROPOSALS, AND DETERMINATION  OF
FUNDING LEVEL, SHALL BE BASED UPON, BUT NOT LIMITED TO, FACTORS SUCH AS:
THE RESEARCH VALUE OF MATERIALS TO BE PRESERVED AND/OR CONSERVED; APPRO-
PRIATENESS  OF  CONSERVATION  AND  PRESERVATION TECHNIQUES IN ACCORDANCE
WITH STATEWIDE PLANNING AND NATIONAL STANDARDS;  INSTITUTIONAL  CAPACITY
FOR  SUCCESSFUL COMPLETION OF THE PROJECT, INCLUDING FACILITIES, EXPERI-
ENCE, AND TECHNICAL EXPERTISE; AVAILABILITY OF  STAFF  WITH  APPROPRIATE
TRAINING  AND  EXPERTISE; CONTRIBUTION OF THE INSTITUTION TO THE PROJECT
IN MATCHING FUNDS AND STAFF RESOURCES; AND THE  VOLUME  OF  INTERLIBRARY
LENDING  AND  ACCESS  TO  HOLDINGS BY THE PUBLIC. Ninety percent of each
such grant shall be payable upon approval  by  the  department  and  the
remaining ten percent shall be payable upon project completion.
  [e.]  D. Funds made available under the provisions of this section may
be used by comprehensive research libraries and other agencies  eligible
for funding to obtain matching funds from the national endowment for the
humanities preservation program AND OTHER FEDERAL PROGRAMS.
  [f.] E. The commissioner shall establish an office for coordination of
conservation  and/or preservation of library research materials to iden-
tify the conservation and/or preservation needs of libraries within  the
state,  to  assess  the  technology  available for such conservation and
preservation,  and  to  coordinate  the  conservation  and  preservation
efforts resulting from this legislation.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2013; provided,
however, that the amendments made to paragraphs a and c of subdivision 7
of section 273 of the education law by section one  of  this  act  shall
take effect April 1, 2014.

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