2023 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 academic 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 academic 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.