NY Educ L § 273-A (2021)
2021 New York Laws EDN - Education Title 1 - General Provisions Article 5 - University of the State of New York Part 2 - Libraries 273-A - State Aid for Library Construction.

* § 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   four 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 four 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; andg.   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 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 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   four  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 four 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, 20232.  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; andf.  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; ande.  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;   ande.   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