2023 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 six
  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, 2024
** 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 six years, or until the project is completed,
  whichever occurs first. Fifty percent of such aid shall  be  payable  to
  each  system  or  library  upon  approval  of  the  application  by  the
  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, 2024
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 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, 2026
* 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 six
  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, 2024
** 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 six years, or until the project is completed,
  whichever occurs first. Fifty percent of such aid shall  be  payable  to
  each  system  or  library  upon  approval  of  the  application  by  the
  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, 2024
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, 2026
* 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 six years, or
  until the project is completed, whichever occurs first. Fifty percent of
  such aid shall be payable to each system or library upon approval of the
  application. 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, 2026