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

§ 273. Apportionment of state aid to libraries and library systems. 1. Any  public  library  system  providing  service  under an approved plan during a calendar year shall be entitled to receive during that calendar year state aid consisting of the following amounts:   a. An annual grant of:  (1) Ten thousand dollars where the library system serves less than one county, or  (2) Twenty thousand dollars where the library system serves one entire county, or  (3) Where the library system serves more than one  county  the  system shall  be  entitled  to  receive  twenty-five  thousand dollars for each entire county served and/or ten thousand dollars for  each  county,  any part  of  which  is served by the library system. If an entire county is served by two or more library systems,  each  of  which  serves  a  part thereof,  each  of  such  library systems shall be entitled to receive a grant of ten thousand dollars and in addition, a pro rata  share  of  an additional  sum  of  ten  thousand dollars, such share to be computed in accordance with the ratio which the population of the area of the county served by such library system bears  to  the  total  population  of  the county,  as  determined  under  subdivision  one  of section two hundred seventy-two of this article.   b. In a library system which submits a plan for further development of and access to central library services, which plan shall be approved  by the  commissioner pursuant to the commissioner's regulations, the amount of central library services 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.  (3)  Ownership  of library materials and equipment purchased with such central library services aid provided by this paragraph shall be  vested in the public library system.   c.  The sum of one dollar and sixty-two cents per capita of population of the area served.   d. 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 two and nine hundred thirty-eight thousandths percent of the  amount  earned in  paragraph  (c)  of  this  subdivision,  or seventy-six thousand five hundred dollars, whichever is more.   e. The sum of fifty-two dollars per square mile of area served by  the library  system  in  the  case  of library systems serving one county or less. Such sum shall be increased by five dollars  for  each  additional entire  county served, provided, however, that no apportionment pursuant to this paragraph shall exceed seventy-two dollars per  square  mile  of area  served.  If  an  entire  county  is  served by two or more library systems, each of which serves a  part  thereof,  each  of  such  library systems shall be entitled to receive, in addition to the aid computed in accordance  with  the foregoing provisions of this paragraph, a pro rata share of an increase of five dollars to be computed as follows: the  sum resulting  from  the computation of five dollars per square mile of area served by the one of  such  library  systems  which  would  receive  the largest  amount  of  aid  pursuant  to this paragraph shall be pro rated among the library systems serving such county  in  accordance  with  the ratio  which  the  population of the area served by each of such library  systems bears to the  population  of  the  county  as  determined  under subdivision one of section two hundred seventy-two of this article.   f.  (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. 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.  (2)  Local services support aid. Except in cities with a population in excess of one million inhabitants, each public library system  operating under  an approved plan of service shall be eligible to receive annually local services support aid equal  to  two-thirds  of  the  total  dollar amount paid in local library services aid to the member libraries of the system  plus  thirty-one cents per capita of the system's population who do not reside within the chartered service area of a member library.  (3) Local consolidated systems aid. In cities  with  a  population  in excess  of one million inhabitants, each public library system operating under an approved plan of service shall be eligible to receive  annually local  consolidated  system aid equal to the sum of (i) thirty-one cents per capita of the population served by the system, but not less than the amount of local library  incentive  aid  received  in  nineteen  hundred ninety-one  as  reported  on  the  library's nineteen hundred ninety-one annual report; and (ii) an additional amount equal to two-thirds of  the total  dollar  amount  computed for the system pursuant to clause (i) of this subparagraph.   g. In addition to the sums otherwise provided in paragraphs a,  b,  c, d,  e, f, h and i of this subdivision, the New York Public Library shall receive six million four hundred sixteen thousand  six  hundred  dollars for  the  general  support of its research libraries. In addition to any other sums provided to such library, the  sum  of  two  million  dollars shall be payable annually to the New York Public Library for the general support  of  library services provided by the New York Public Library to the students of the City University of New  York  and  the  sum  of  one million dollars shall be payable annually to the New York Public Library for the general support of its science, industry and business library.   h. (1) Coordinated outreach services. Each public library system which provides  coordinated outreach 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  unemployed 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,  or  who  are at-risk youth from birth to age twenty-one, shall be entitled to receive annually  forty-three  thousand dollars and thirteen cents per capita of the total population of the area served.  (2) In addition, each system  serving  a  population  of  two  million inhabitants  or  more  shall  receive  an additional amount of forty-six thousand three hundred thirty-three dollars and each  system  serving  a population  of  four  hundred  thousand  inhabitants  and  less than two million inhabitants shall receive an additional amount  of  twenty-three thousand  dollars and each system serving a population of less than four hundred thousand inhabitants  shall  receive  an  additional  amount  of fourteen thousand dollars.   i.  In  addition to any other sums provided for such purposes, the New York Public Library shall receive annually  the  sum  of  seven  hundred thirty-four thousand dollars for the program of the Schomburg center for research  in  black  culture,  and  the  additional  sum of nine hundred eighty-four thousand dollars for the program  of  the  library  for  the blind and physically handicapped.   j.  In addition to any other sums provided to such library, the sum of two hundred fifty thousand dollars shall be paid  annually  to  the  New York Historical Society for making its library services available to the public.   k.  In  addition to any other sums provided to such library the sum of three hundred fifty thousand dollars shall be payable  annually  to  the Brooklyn Public Library for its business library for each calendar year.   l.  In addition to any other sums provided to such library, the sum of fifty thousand dollars shall be payable annually to the Buffalo and Erie County Public Library for a continuity of service  project  approved  by the commissioner for each calendar year.   m.  In addition to any other sums provided to such library system, the sum of thirty thousand dollars shall be payable annually to  the  Nassau library  system  for  a  continuity  of  service project approved by the commissioner for each calendar year.   n. The minimum annual  grant  available  to  a  library  system  under paragraphs  a,  c  and  e  of  this  subdivision  shall  be  six hundred seventy-five thousand dollars.   2. Within the amounts appropriated therefor moneys paid  out  pursuant to  this  section  shall  be  paid out of the state treasury on vouchers certified by the commissioner after audit by and upon the warrant of the comptroller.   3. The commissioner may waive the requirement that  a  public  library system  serve  an  entire  county to earn the maximum annual grant under subparagraphs two and three of paragraph a of subdivision  one  of  this section  and paragraphs b, c, e and h of subdivision one of this section where the commissioner deems reasonable effort  has  been  made  by  the system to encourage membership by all libraries in the county.   4.  Reference  and  research  library  resources  system.  a.  (1) Any reference and research library resources system providing service  under an  approved  plan  during  a calendar year shall be entitled to receive annual state aid consisting of an annual grant of:  (i) Two hundred seventy thousand dollars plus the sum  of  one  dollar and fifty cents per square mile of area served plus the sum of six cents per capita of the population of the area served; and  (ii) Two hundred thousand dollars plus the sum of two cents per capita of the population of the area served.  (2)  Each  system  may  annually appropriate funds received under this subdivision to obtain matching funds from the National Endowment for the Humanities and other federal programs.  (3) The annual amount payable  to  each  approved  system  under  this paragraph  shall be payable on or before July first, provided that, upon receipt  of  annual  system  activity  reports   satisfactory   to   the commissioner,  the commissioner shall determine the amount of any under- or overpayments and shall apply  such  adjustment  to  the  next  annual payment due such system.   b.  The commissioner is hereby authorized to expend up to five hundred six thousand dollars annually in  each  state  fiscal  year  to  provide formula  grants  to  approved  reference  and research library resources systems  for  provision  of  consumer  health  and  medical  information services  for  all  types  of libraries and library systems. Such grants shall assist libraries  in  providing  access  to  timely  and  accurate medical and health information for medical personnel and for the general public.  In addition to any other sum provided in this subdivision, each reference and research library resources system providing service  under an  approved plan with a consumer health and medical library information services program for all types of libraries and library systems shall be eligible to receive an annual formula grant. Such formula  grants  shall be  determined  on  the  basis  of  criteria  to  be  prescribed  by the commissioner. The commissioner shall provide the annual  amount  payable to each approved system under this paragraph in the following manner:  (1)  Funds  shall  be available to each reference and research library resources system in such manner as to  insure  that  the  ratio  of  the amount  each  system is eligible to receive equals the weighted ratio of the total number of institutions as defined in subparagraph two of  this paragraph in the region served by the system to the total number of such institutions in the state.  (2)  For  the purposes of determining the amount of funds available to each system, institutions and their weightings are as follows:  (i) not-for-profit hospitals licensed by the  New  York  state  health department, with a weighting of two;  (ii)  for-profit  teaching  hospitals  licensed  by the New York state health department, with an additional weighting of one; and  (iii)  member  institutions  of  a  reference  and  research   library resources  system,  excluding  public  and  hospital  libraries,  with a weighting of one.   c. (1) The commissioner is hereby  authorized  to  expend  up  to  one million  three  hundred ninety-six thousand dollars in each state fiscal year to provide  formula  grants  to  approved  reference  and  research library  resources  systems for provision of services to member hospital libraries in not-for-profit hospitals licensed by  the  New  York  state health  department,  or to member libraries serving such hospitals. Such formula grants shall be determined  on  the  basis  of  criteria  to  be developed by the commissioner and shall assist member hospital libraries or   member   libraries  serving  hospitals  in  meeting  the  standards established by the  regents  in  accordance  with  section  two  hundred fifty-four   of   this   article.  Such  formula  grants  shall  support integration of member hospital libraries  or  member  libraries  serving hospitals into existing networks.  (2)  The  commissioner  shall  provide  grants  to  the  reference and research library resources systems in the following manner:  (a) an amount equal to seventy-five cents  per  square  mile  of  area served  by  the  reference  and  research  library  resource  system  in furtherance of the purposes of this paragraph, and  (b) the remainder for library services to hospitals in accordance with regulations of the commissioner adopted for such purpose.   5. Coordinated collection development program for public and nonprofit independent colleges and universities.   a.   Libraries  of  public  and  nonprofit  independent  colleges  and universities are entitled to receive annual funding  for  a  coordinated collection development grant if they meet the following conditions:  (1) Membership in a reference and research library resources system,  (2)  Their  resources  are  made available to the public, through full participation in  the  interlibrary  loan  and  other  resource  sharing programs of the reference and research library resources system of which they are members, and  (3) They meet the requirements set forth in regulations adopted by the commissioner including but not confined to  (a) maintenance of effort,  (b)  relationships  between  reference  and research library resources systems' programs and the regional higher education master plan,  (c) submission of interlibrary loan statistics, and such other reports as may be required by the commissioner.   b. Public and nonprofit independent  colleges  and  universities  with libraries which meet the criteria of paragraph a of this subdivision are eligible for annual grants as follows:  (1) Four thousand four hundred dollars for each institution, and  (2)  One  dollar  and four cents for each full-time equivalent student enrolled in each qualifying institution, in the academic year  completed prior  to  the  state  fiscal  year.  For  purposes  of  this section, a full-time equivalent shall be calculated as follows:  (i) one  full-time  undergraduate  student  shall  be  considered  one full-time equivalent student;  (ii) one part-time undergraduate student shall be considered one-third of a full-time equivalent student;  (iii) one part-time graduate student shall be considered one full-time equivalent student; and  (iv)  one  full-time  graduate  student  shall  be  considered one and one-half of a full-time equivalent student.   c. Funds for the support of this program shall be appropriated to  the department, except that funds for the state-operated institutions of the state  university  of  New  York  and  the  senior  colleges of the city university of New York, shall be appropriated to the state university of New York out of any moneys in the state treasury in the general fund  to the  credit  of  the state purposes fund not otherwise appropriated, and funds shall be appropriated to the city university of New  York  out  of any  moneys  in  the state treasury in the general fund to the credit of the local assistance fund  not  otherwise  appropriated,  and  shall  be subject  to  the same distribution formula as provided in paragraph b of this subdivision.   6. Conservation and preservation of library research materials. a. The commissioner shall award in any state fiscal  year,  an  annual  formula grant  of  one  hundred  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 commissioner  in  regulations  relating to the identification of library research materials, the need for their preservation, and  the  means  of their conservation.   c. Other agencies and libraries, as defined in regulations promulgated by  the commissioner, which are not eligible for funding under paragraph 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. 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; 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; 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.   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.   e.  The  commissioner  shall  establish  an office for coordination of conservation  and/or  preservation  of  library  research  materials  to identify  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.   7. New York state talking book and braille library. The New York state talking book and braille library shall be entitled to  receive  annually an  amount  equal  to  the  product of the aid ceiling multiplied by the number of registered borrowers of such materials of such library  as  of the  November  report  for  the November immediately preceding the state fiscal year for which the payment will be made.  Such  amount  shall  be used  to improve the quality of services provided to such borrowers. For aid payable in each state fiscal year, the aid  ceiling  per  registered borrower  shall be nineteen dollars. Notwithstanding any other provision of law, the New York state talking book and braille library shall be the successor in interest to the New York state library for  the  blind  and visually  handicapped for all purposes, or the library for the blind and physically handicapped, and the change in  name  shall  not  affect  the rights  or  interests of any party. Except where the context indicates a contrary intent, any reference in any other general or  special  law  to the New York state library for the blind and visually handicapped or the library  for  the  blind  and  physically  handicapped shall be deemed a reference to the New York state talking book and braille library.   8. State aid  for  a  coordinated  program  of  library  and  archival services  at  The  Center for Jewish History, Inc. a. In addition to any  other sums  provided  to  The  Center  for  Jewish  History,  Inc.,  the commissioner shall award in any state fiscal year an annual grant of two hundred  thousand  dollars  for  a  coordinated  program  of library and archival  services  that  will increase public access to the library and archival collections of The Center for  Jewish  History,  Inc.  and  its member institutions.   b.  The  Center  for  Jewish  History,  Inc. is hereby admitted to the University of the State of  New  York  and  shall,  as  a  condition  of continued  receipt  of  aid,  maintain  such  status  in accordance with regulations of the commissioner. Such regulations may include submission of a five-year plan and annual program budget.   9. State aid for summer reading programs. The commissioner  is  hereby authorized   to  expend  the  funds  of  the  love  your  library  fund, established in section ninety-nine-l of the  state  finance  law,  which shall  provide  grants  for  participation  in  statewide summer reading programs as coordinated by the state library to public  library  systems on  the  basis  of  criteria to be developed by the commissioner. Upon a determination  by  the  commissioner  that  there  is  adequate  revenue available  for a grant program in the upcoming fiscal year, grants shall be awarded as follows:   a. sixty percent of the funds appropriated pursuant  to  this  section shall  be  made  available  to  public library systems for use by member libraries 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; and   b.  forty  percent  of the funds appropriated pursuant to this section shall be made available to library  systems  for  use  by  their  member 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.   10. Notwithstanding any other provision of law to the  contrary,  each year  commencing  with the two thousand six 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  thousand  one calendar  year  solely  by reason of a decrease in the population of the area served as a result of the latest approved federal census.   11. The commissioner is hereby authorized to expend funds annually for formula grants to public library systems, reference and research library resources  systems,  and  school  library  systems  operating  under  an approved  plan of service. Such formula grants shall be provided for the period  commencing  July  first  and  ending  on  June  thirtieth   next following.  Such  formula  grants  will  be distributed in the following manner:   a. Each public library system established  pursuant  to  sections  two hundred  fifty-five  and  two  hundred  seventy-two  of  this  part  and operating under a plan approved  by  the  commissioner  is  entitled  to receive annually thirty-nine thousand dollars and an amount equal to ten and  ninety-four  hundredths percent of the amount of state aid received for the current year by such system under paragraphs a, c, d, e and n of subdivision one of this section;   b. Each reference and research library  resources  system  established pursuant  to  section two hundred seventy-two of this part and operating under a plan  approved  by  the  commissioner  is  entitled  to  receive annually  thirty-nine  thousand  dollars  and an amount equal to ten and ninety-four hundredths percent of the amount of state aid  received  for the  current year under clause (i) of subparagraph one of paragraph a of subdivision four of this section; and    c. Each school library system  established  pursuant  to  section  two hundred  eighty-two  of this part and operating under a plan approved by the commissioner is entitled to receive  annually  thirty-nine  thousand dollars and an amount equal to ten and ninety-four hundredths percent of the  amount  of  state  aid received for the current year by such system under paragraphs a, b, c, d, e and f of subdivision one of  section  two hundred eighty-four of this part.