S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5589
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                May 8, 2019
                                ___________
 
 Introduced  by  Sen.  MAYER  -- 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  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:
 
   Section  1.  Section 273-a of the education law, as amended by chapter
 498 of the laws of 2011, subdivision 1 as amended by chapter 480 of  the
 laws of 2015, is amended to read as follows:
   § 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  installation and infrastructure of broadband services, and for
 the acquisition of vacant land and the acquisition, construction,  reno-
 vation 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  legislature  subject  to
 the  limitations  provided in subdivision [five] SIX 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 disad-
 vantaged  community  AND THAT STATE AID MAY BE PROVIDED FOR UP TO NINETY
 PERCENT OF THE TOTAL PROJECT APPROVED  COSTS  FOR  BUILDINGS  OF  PUBLIC
 LIBRARIES  THAT  ARE  LOCATED  IN  AN ECONOMICALLY DISTRESSED 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, whichever occurs first. Fifty percent
 of such aid shall be payable to each system or library upon approval  of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00563-04-9

 S. 5589                             2
 
 the  application  by  the department. 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 OR HER 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
 application 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;
   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. CONTAIN DOCUMENTATION, WHERE SUCH AN APPLICATION REQUESTS STATE AID
 IN AN AMOUNT GREATER THAN SEVENTY-FIVE PERCENT,  DEMONSTRATING  HOW  THE
 PROJECT  WILL  ADDRESS  THE  SERVICE  NEEDS  OF ONE OR MORE ECONOMICALLY
 DISTRESSED COMMUNITIES. AN APPLICATION MUST DEMONSTRATE THAT THE AVERAGE
 POVERTY RATE WITHIN THE LIBRARY'S SERVICE AREA IS EQUAL  TO  OR  GREATER
 THAN  THE NEW YORK STATE AVERAGE POVERTY RATE USING FEDERAL CENSUS DATA;
 AND THE LIBRARY MUST DEMONSTRATE THAT IT LACKS THE CAPACITY  TO  PROVIDE
 TWENTY-FIVE PERCENT OF THE PROJECT COSTS; AND
   G.  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 THAT WOULD RECEIVE STATE AID BEYOND
 SEVENTY-FIVE 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 DISTRESSED COMMUNI-
 TIES AS PROVIDED FOR IN PARAGRAPH F OF SUBDIVISION TWO OF THIS  SECTION.
 NO  MORE  THAN  TEN PERCENT OF THE TOTAL FUNDS APPROPRIATED TO A LIBRARY
 SYSTEM IN SUBDIVISION SIX OF THIS SECTION MAY BE  USED  TO  SUPPORT  THE
 TOTAL  COSTS  FOR  PROJECTS THAT WOULD RECEIVE STATE AID BEYOND SEVENTY-
 FIVE PERCENT OF THE TOTAL PROJECT APPROVED COSTS.
   5. 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.
   [5.] 6. Aid shall be distributed pursuant to this section as follows:

 S. 5589                             3
 
   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
 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.
   [6.] 7. The commissioner shall adopt  rules  and  regulations  as  are
 necessary to carry out the purposes and provisions of this section.
   [7.]  8.  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.
   §  2.  This act shall take effect immediately; provided, however, that
 the amendments to section 273-a of the education law made by section one
 of this act shall not affect the expiration of such section and shall be
 deemed to expire therewith.