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SECTION 273-A
State aid for library construction
Education (EDN) CHAPTER 16, TITLE 1, ARTICLE 5, PART 2
* § 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,
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 subdivision 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 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
three years, or until the project is completed, whichever occurs first.
Provided, however, 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.

** NB Effective until July 1, 2023

** 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
subdivision 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 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 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
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.

** NB Effective July 1, 2023

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;

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
commissioner.

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
communities 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
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
commissioner 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
reallocated 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.

* NB Effective until March 31, 2023

* NB Separately amended, cannot be put together

* § 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,
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 subdivision 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 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
three years, or until the project is completed, whichever occurs first.
Provided, however, 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.

** NB Effective until July 1, 2023

** 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
subdivision 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 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, whichever occurs first. 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.

** NB Effective July 1, 2023

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
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 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 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
commissioner.

3. Coordinated applications for state aid allocated under paragraph b
of subdivision six of this section shall be submitted by the public
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 his or her 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; and

e. provide such other information as may be required by the
commissioner.

4. In approving any single building project 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.

5. In approving any new single building or coordinated project
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 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
commissioner 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
reallocated 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.

* NB Effective until March 31, 2023

* NB Separately amended, cannot be put together

* § 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, 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
subdivision four of this section and upon approval by the commissioner.
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
the application. 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
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;
and

e. provide such other information as may be required by the
commissioner.

3. 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
application.

4. 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
commissioner 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
reallocated funds an equal amount to each such system.

5. The commissioner shall adopt rules and regulations as are necessary
to carry out the purposes and provisions of this section.

* NB Effective March 31, 2023