§ 273-A — State aid for library construction

§ 273-a. State aid for library construction. 1. State aid shall be\nprovided for up to fifty percent of the total project approved costs,\nexcluding feasibility studies, plans or similar activities, for projects\nfor the installation and infrastructure of broadband services, and for\nthe acquisition of vacant land and the acquisition, construction,\nrenovation or rehabilitation, including leasehold improvements, of\nbuildings of public libraries and library systems chartered by the\nregents of the state of New York or established by act of the\nlegislature subject to the limitations provided in subdivision six of\nthis section and upon approval by the commissioner, except that state\naid may be provided for up to ninety percent of the total project\napproved costs for buildings of public libraries that are located in an\neconomically disadvantaged community. Provided however that the state\nliability for aid paid pursuant to this section shall be limited to\nfunds appropriated for such purpose. Aid shall be provided on approved\nexpenses incurred during the period commencing July first and ending\nJune thirtieth for up to six years, or until the project is completed,\nwhichever occurs first. Fifty percent of such aid shall be payable to\neach system or library upon approval of the application by the\ndepartment. Forty percent of such aid shall be payable in the next state\nfiscal year. The remaining ten percent shall be payable upon project\ncompletion.\n 2. Each single building project application for state aid shall be\nsubmitted by the board of trustees of the library or library system\nresponsible for the operation of the subject building to the\ncommissioner for the commissioner's review and approval, after having\nbeen reviewed and approved by the governing board of the public library\nsystem of which such library is a member. Each single building project\napplication shall:\n a. demonstrate that resources are or shall be available to provide for\nmaximum utilization of the project if approved;\n b. contain verification in such form as may be acceptable to the\ncommissioner that the total cost of the project, exclusive of state aid,\nhas been or will be obtained;\n c. demonstrate that library operations would be made more economical\nas a consequence of approval;\n d. be limited to one project concerning such building, provided that\nno building shall be the subject of more than one single building\nproject application per year;\n e. contain documentation, where such an application requests state aid\nin an amount greater than seventy-five percent, demonstrating how the\nproject will address the service needs of one or more economically\ndisadvantaged communities. Such documentation may demonstrate need\nthrough poverty rates, concentrations of English language learners, low\nhigh school graduation rates, limited fiscal capacity or other relevant\nfactors; and\n f. provide such other information as may be required by the\ncommissioner.\n 3. Coordinated applications for state aid allocated under paragraph b\nof subdivision six of this section shall be submitted by the public\nlibrary system. The public library system shall be responsible for\nmanaging all coordinated projects. Each coordinated project application\nshall be approved by the board of trustees of each participating library\nand library system responsible for the operation of the said buildings.\nCoordinated project applications shall be submitted to the commissioner\nfor the commissioner's review and approval, after having been reviewed\nand approved by the governing board of the public library system of\nwhich such libraries are members. Each coordinated project application\nshall:\n a. demonstrate that resources are or shall be available to provide for\nmaximum utilization of the project if approved;\n b. contain verification in such form as may be acceptable to the\ncommissioner that the total cost of the project, exclusive of state aid,\nhas been or will be obtained;\n c. demonstrate that library operations would be made more economical\nas a consequence of approval;\n d. provide that no one building shall be the subject of more than one\ncoordinated project application per year;\n e. contain documentation, where such an application requests state aid\nin an amount greater than seventy-five percent, demonstrating how the\nproject will address the service needs of one or more economically\ndisadvantaged communities. Such documentation may demonstrate need\nthrough poverty rates, concentrations of English language learners, low\nhigh school graduation rates, limited fiscal capacity or other relevant\nfactors; and\n f. provide such other information as may be required by the\ncommissioner.\n 4. In approving any single or coordinated building project application\nthat would receive state aid beyond seventy-five percent of the total\nproject approved costs, the board of trustees of the library system\nshall give particular attention to addressing the library service needs\nof economically disadvantaged communities as provided for in paragraph e\nof subdivision two of this section or paragraph e of subdivision three\nof this section, as applicable.\n 5. In approving any new single building or coordinated project\napplication the commissioner shall consider the condition of existing\nlibraries and, where appropriate, the needs of isolated or economically\ndisadvantaged communities, provided that no application shall be\napproved for a project that is deemed by the commissioner to have been\ncompleted prior to the date of the application.\n 6. Aid shall be distributed pursuant to this section as follows:\n a. sixty percent of the funds appropriated pursuant to this section\nshall be made available to libraries within each system by the\ncommissioner in such manner as to insure that the ratio of the amount\nreceived within each system to the whole of the aid made available\npursuant to this paragraph is no greater than the ratio of the\npopulation served by such system to the population of the state;\n b. forty percent of the funds appropriated pursuant to this section\nshall be made available to library systems or libraries within each\nsystem by the commissioner in such manner as to insure that an equal\namount is received within each system in the state;\n c. any funds made available pursuant to paragraph a or b of this\nsubdivision which by April first of each succeeding fiscal year, are\ndeclined by such libraries or library systems for any reason, or which\ncannot otherwise be used by such libraries or library systems for any\nreason, shall be made available by the commissioner to other eligible\nlibraries within such system, or if no such library can use such funds\nshall be reallocated among the other library systems and their libraries\nin a manner that will to the extent possible provide from such\nreallocated funds an equal amount to each such system.\n 7. The commissioner shall adopt rules and regulations as are necessary\nto carry out the purposes and provisions of this section.\n 8. The commissioner shall submit to the temporary president of the\nsenate and the speaker of the assembly an annual report describing those\nprojects that have received state funding of greater than fifty percent\nof project costs and the communities to be served by those projects.\n