S T A T E O F N E W Y O R K
________________________________________________________________________
7093--A
Cal. No. 697
2023-2024 Regular Sessions
I N S E N A T E
May 18, 2023
___________
Introduced by Sens. CHU, MAY, MURRAY, O'MARA, WEBB -- read twice and
ordered printed, and when printed to be committed to the Committee on
Libraries -- recommitted to the Committee on Libraries in accordance
with Senate Rule 6, sec. 8 -- reported favorably from said committee,
ordered to first and second report, ordered to a third reading, passed
by Senate and delivered to the Assembly, recalled, vote reconsidered,
restored to third reading, amended and ordered reprinted, retaining
its place in the order of third reading
AN ACT to amend the education law, in relation to state aid eligibility
for library construction and making technical corrections thereto; to
amend chapter 498 of the laws of 2011 amending the education law
relating to the public library construction grant program, in relation
to the effectiveness thereof; and to repeal certain provisions of the
education law relating thereto
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
381 of the laws of 2019, subdivision 1 as amended by section 1 of chap-
ter 333 of the laws of 2022, subdivision 4 as amended by chapter 627 of
the laws of 2021, 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 six of this section and upon
approval by the commissioner, except that state aid may be provided for
up to [seventy-five] NINETY percent of the total project approved costs
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09166-02-4
S. 7093--A 2
for buildings of public libraries that are located in an economically
disadvantaged 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 communi-
ty]. 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 six years, or
until the project is completed, whichever occurs first. Provided, howev-
er, that public libraries that received aid for projects pursuant to
this section commencing July first, two thousand seventeen through July
first, two thousand nineteen and are unable to complete such projects
due to the state disaster emergency declared pursuant to executive order
number two hundred two of two thousand twenty, as amended, shall be
provided an additional twelve months from the statutory project end date
to complete such projects. Fifty percent of such aid shall be payable
to each system or library upon approval of 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 SINGLE BUILDING PROJECT 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 commission-
er for [his or her] THE COMMISSIONER'S 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 SINGLE BUILDING PROJECT
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 SINGLE BUILDING
PROJECT application per year;
e. contain documentation, where such an application requests state aid
in an amount greater than [fifty] SEVENTY-FIVE percent, demonstrating
how the project will address the service needs of one or more econom-
ically 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 rele-
vant 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. COORDINATED APPLICATIONS FOR STATE AID ALLOCATED UNDER PARAGRAPH B
OF SUBDIVISION SIX OF THIS SECTION SHALL BE SUBMITTED BY THE PUBLIC
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LIBRARY SYSTEM. THE PUBLIC LIBRARY SYSTEM SHALL BE RESPONSIBLE FOR
MANAGING ALL COORDINATED PROJECTS. EACH COORDINATED PROJECT APPLICATION
SHALL BE APPROVED BY THE BOARD OF TRUSTEES OF EACH PARTICIPATING LIBRARY
AND LIBRARY SYSTEM RESPONSIBLE FOR THE OPERATION OF THE SAID BUILDINGS.
COORDINATED PROJECT APPLICATIONS SHALL BE SUBMITTED TO THE COMMISSIONER
FOR THE COMMISSIONER'S REVIEW AND APPROVAL, AFTER HAVING BEEN REVIEWED
AND APPROVED BY THE GOVERNING BOARD OF THE PUBLIC LIBRARY SYSTEM OF
WHICH SUCH LIBRARIES ARE MEMBERS. EACH COORDINATED PROJECT 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. PROVIDE THAT NO ONE BUILDING SHALL BE THE SUBJECT OF MORE THAN ONE
COORDINATED PROJECT APPLICATION PER YEAR;
E. 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
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.
4. In approving any SINGLE OR COORDINATED BUILDING PROJECT application
that would receive state aid beyond [fifty] 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 disadvantaged communities as provided for in para-
graph e of subdivision two of this section OR PARAGRAPH E OF SUBDIVISION
THREE OF THIS SECTION, AS APPLICABLE.
[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 fifty 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 NEW SINGLE BUILDING OR COORDINATED PROJECT appli-
cation 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 application.
6. 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;
S. 7093--A 4
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.
7. The commissioner shall adopt rules and regulations as are necessary
to carry out the purposes and provisions of this section.
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. Subdivision 1 of section 273-a of the education law, as amended
by section 2 of chapter 333 of the laws of 2022, is amended to read as
follows:
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, 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 legislature subject to the limitations provided in subdi-
vision six of this section and upon approval by the commissioner, except
that state aid may be provided for up to [seventy-five] NINETY percent
of the total project approved costs for buildings of public libraries
that are located in an economically disadvantaged 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 six 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.
§ 3. Section 273-a of the education law, as amended by chapter 389 of
the laws of 2019, is REPEALED.
§ 4. Section 2 of chapter 498 of the laws of 2011 amending the educa-
tion law relating to the public library construction grant program, as
amended by section 32-a of part A of chapter 56 of the laws of 2023, is
amended to read as follows:
§ 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, 2026].
S. 7093--A 5
§ 5. This act shall take effect immediately; provided, however that
the amendments to subdivision 1 of section 273-a of the education law
made by section one of this act shall be subject to the expiration and
reversion of such subdivision pursuant to section 2 of chapter 120 of
the laws of 2020, as amended, when upon such date the provisions of
section two of this act shall take effect.
