STATE OF NEW YORK ________________________________________________________________________ 3781 2019-2020 Regular Sessions IN ASSEMBLY January 31, 2019 ___________ Introduced by M. of A. BARRETT -- read once and referred to the Commit- tee on Libraries and Education Technology AN ACT to amend the education law, in relation to coordinated project applications The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 273-a of the education law, as amended by chapter 2 498 of the laws of 2011, subdivision 1 as amended by chapter 480 of the 3 laws of 2015, is amended to read as follows: 4 § 273-a. State aid for library construction. 1. State aid shall be 5 provided for up to fifty percent of the total project approved costs, 6 excluding feasibility studies, plans or similar activities, for projects 7 for the installation and infrastructure of broadband services, and for 8 the acquisition of vacant land and the acquisition, construction, reno- 9 vation or rehabilitation, including leasehold improvements, of buildings 10 of public libraries and library systems chartered by the regents of the 11 state of New York or established by act of the legislature subject to 12 the limitations provided in subdivision [~~five~~] six of this section and 13 upon approval by the commissioner, except that state aid may be provided 14 for up to seventy-five percent of the total project approved costs for 15 buildings of public libraries that are located in an economically disad- 16 vantaged community. Provided however that the state liability for aid 17 paid pursuant to this section shall be limited to funds appropriated for 18 such purpose. Aid shall be provided on approved expenses incurred during 19 the period commencing July first and ending June thirtieth for up to 20 three years, or until the project is completed, whichever occurs first. 21 Fifty percent of such aid shall be payable to each system or library 22 upon approval of the application by the department. Forty percent of 23 such aid shall be payable in the next state fiscal year. The remaining 24 ten percent shall be payable upon project completion. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00562-01-9

A. 3781 2 1 2. Each single building project application for state aid shall be 2 submitted by the board of trustees of the library or library system 3 responsible for the operation of the subject building to the commission- 4 er for his or her review and approval, after having been reviewed and 5 approved by the governing board of the public library system of which 6 such library is a member. Each single building project application 7 shall: 8 a. demonstrate that resources are or shall be available to provide for 9 maximum utilization of the project if approved; 10 b. contain verification in such form as may be acceptable to the 11 commissioner that the total cost of the project, exclusive of state aid, 12 has been or will be obtained; 13 c. demonstrate that library operations would be made more economical 14 as a consequence of approval; 15 d. be limited to one project concerning such building, provided that 16 no building shall be the subject of more than one single building 17 project application per year; 18 e. contain documentation, where such an application requests state aid 19 in an amount greater than fifty percent, demonstrating how the project 20 will address the service needs of one or more economically disadvantaged 21 communities. Such documentation may demonstrate need through poverty 22 rates, concentrations of English language learners, low high school 23 graduation rates, limited fiscal capacity or other relevant factors; and 24 f. provide such other information as may be required by the commis- 25 sioner. 26 3. Coordinated applications for state aid allocated under paragraph b 27 of subdivision six of this section shall be submitted by the public 28 library system. The public library system shall be responsible for 29 managing all coordinated projects. Each coordinated project application 30 shall be approved by the board of trustees of each participating library 31 and library system responsible for the operation of the said buildings. 32 Coordinated project applications shall be submitted to the commissioner 33 for his or her review and approval, after having been reviewed and 34 approved by the governing board of the public library system of which 35 such libraries are members. Each coordinated project application shall: 36 a. demonstrate that resources are or shall be available to provide for 37 maximum utilization of the project if approved; 38 b. contain verification in such form as may be acceptable to the 39 commissioner that the total cost of the project, exclusive of state aid, 40 has been or will be obtained; 41 c. demonstrate that library operations would be made more economical 42 as a consequence of approval; 43 d. provide that no one building shall be the subject of more than one 44 coordinated project application per year; and 45 e. provide such other information as may be required by the commis- 46 sioner. 47 4. In approving any single building project application that would 48 receive state aid beyond fifty percent of the total project approved 49 costs, the board of trustees of the library system shall give particular 50 attention to addressing the library service needs of economically disad- 51 vantaged communities as provided for in paragraph e of subdivision two 52 of this section. 53 [4.] 5. In approving any new single building or coordinated project 54 application the commissioner shall consider the condition of existing 55 libraries and, where appropriate, the needs of isolated or economically 56 disadvantaged communities, provided that no application shall be

A. 3781 3 1 approved for a project that is deemed by the commissioner to have been 2 completed prior to the date of the application. 3 [5.] 6. Aid shall be distributed pursuant to this section as follows: 4 a. sixty percent of the funds appropriated pursuant to this section 5 shall be made available to libraries within each system by the commis- 6 sioner in such manner as to insure that the ratio of the amount received 7 within each system to the whole of the aid made available pursuant to 8 this paragraph is no greater than the ratio of the population served by 9 such system to the population of the state; 10 b. forty percent of the funds appropriated pursuant to this section 11 shall be made available to library systems or libraries within each 12 system by the commissioner in such manner as to insure that an equal 13 amount is received within each system in the state; 14 c. any funds made available pursuant to paragraph a or b of this 15 subdivision which by April first of each succeeding fiscal year, are 16 declined by such libraries or library systems for any reason, or which 17 cannot otherwise be used by such libraries or library systems for any 18 reason, shall be made available by the commissioner to other eligible 19 libraries within such system, or if no such library can use such funds 20 shall be reallocated among the other library systems and their libraries 21 in a manner that will to the extent possible provide from such reallo- 22 cated funds an equal amount to each such system. 23 [6.] 7. The commissioner shall adopt rules and regulations as are 24 necessary to carry out the purposes and provisions of this section. 25 [7.] 8. The commissioner shall submit to the temporary president of 26 the senate and the speaker of the assembly an annual report describing 27 those projects that have received state funding of greater than fifty 28 percent of project costs and the communities to be served by those 29 projects. 30 § 2. This act shall take effect immediately, provided, however that 31 the amendments to section 273-a of the education law made by section one 32 of this act shall not affect the expiration and reversion of such 33 section and shall be deemed to expire therewith.

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