New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter D - Libraries › Part 90 - Public And Free Association Libraries › Section 90.12 - State Aid for Library Construction

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Definitions.
As used in this section and in Education Law §
					 273-a:
(1) Library means public, free
				  association and Indian libraries, as defined in section 253  of the
				  Education Law, which are members of public library systems.
(2) Library system means a public library
				  system, as defined in subdivision 1 of section 272  of the
				  Education Law.
(3)
Library
				  service
area means the chartered service area of a public, free
				  association or Indian library as stated on charter documents approved by the
				  Board of Regents and on file at the department. For the purposes of this
				  section, the phrase "and environs" or its equivalent as contained in any
				  charter document will not be recognized by the commissioner as a valid part of
				  a library service area. For the purposes of this section, areas served by the
				  library under contract will not be recognized by the commissioner as a valid
				  part of a library service area.
(4)
				  Library construction means:
(i) the
				  construction or acquisition of a building for library purposes, including
				  construction of a building for library purposes pursuant to a lease-purchase
				  agreement; or
(ii) the renovation
				  or rehabilitation of a building already owned by a library; or
(iii) renovation or rehabilitation of a
				  building to be leased for library purposes for a minimum of ten (10) years, including renovation or rehabilitation of a building for library purposes
				  pursuant to a lease-purchase agreement.
(5)
Acquisition
means the
				  purchase of a site for library purposes and/or an existing building suitable
				  for conversion to library purposes.
(6)
Renovation
means the
				  overall improvement or conversion of an existing building, exclusive of routine
				  maintenance, resulting in increased operational efficiency and
				  economy
(7)
Rehabilitation
means the restoration of an existing library
				  building, exclusive of routine maintenance, with particular emphasis on energy
				  conservation, accommodation for computer equipment, or access by persons with
				  disabilities.
(8)
Broadband
				  library services
means providing a high speed internet connection for
				  library users, including but not limited to internal and external connections,
				  at a minimum speed prescribed by the commissioner using such means as wireless,
				  fiber, cable, white space and similar products
(9)
Economically
				  disadvantaged
means that the library building that will be the subject
				  of a project application is located in a community that meets a set of criteria
				  as determined by the library system in accordance with Education Law §273-a
				  (2)(e) and that the project is therefore eligible for aid of up to seventy-five
				  percent (75%) of the total project costs.
(10)
Economically distressed
means that the average poverty rate for the library service area meets or
				  exceeds the New York State average poverty rate in accordance with the
				  provisions of Education Law §273-a (2)(f) and where the library also
				  demonstrates the need for State aid of up to and including ninety percent (90%)
				  of the total project costs.
(11)
Coordinated application
means an application submitted by a
				  public library system on behalf of two or more libraries for one specific type
				  of project, such as broadband, infrastructure, generators or energy efficient
				  lighting. The State aid allocation for such coordinated projects shall not
				  exceed fifty percent (50%) of the total project costs.