N.Y. Education Law § 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 ninety percent of the total project

approved costs for buildings of public libraries that are located in an

economically disadvantaged 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.

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 the commissioner's 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 seventy-five 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 the commissioner's 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;

e. 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

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.

4. In approving any single or coordinated building project 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 disadvantaged communities as provided for in paragraph e

of subdivision two of this section or paragraph e of subdivision three

of this section, as applicable.

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.