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A07021 Summary:

BILL NOA07021
 
SAME ASSAME AS S06511
 
SPONSORJean-Pierre
 
COSPNSRJensen, Lunsford, Griffin, Norris
 
MLTSPNSR
 
Amd §§273-a & 273, Ed L
 
Relates to state aid eligibility for library construction, and to streamline and modernize certain library aid formulas and program requirements.
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A07021 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7021
 
SPONSOR: Jean-Pierre
  TITLE OF BILL: An act to amend the education law, in relation to state aid eligibility for library construction, and to streamline and modernize certain library aid formulas and program requirements   PURPOSE OF THE BILL: The purpose of this bill is to extend the time period for library construction project completion for library construction aid eligibil- ity, and to streamline and modernize public library and library system aid formula language to provide greater flexibility and ease program administration and reporting requirements to improve efficiency, and reflect changes in the way library and information services are now delivered.   SUMMARY OF THE PROVISIONS OF THE BILL: Sections 1 and 2 of the bill amend section 273-a of the Education Law to extend the time period for library construction project completion from three years to four years for Library Construction Aid eligibility. Section 3 of the bill amends section 273 of the Education Law to modern- ize and streamline public library and library system aid formula language to provide greater flexibility and ease program administration and reporting requirements. Specifically such amendments: (i) consol- idate central library development aid and central book aid to create a central library services aid program, and provide for greater spending flexibility within such program; (ii) streamline the public library basic aid formula factors by combining per capita funding streams; (iii) eliminate the separate family literacy and adult literacy library aid programs and consolidate the family literacy and adult literacy aid within the public library system outreach aid formula; (iv) consolidate regional bibliographic data bases aid into basic aid for the regional reference and research library resources systems; and (v) amend The New -York Public Library (NYPL) research libraries formula language for general support of the NYPL research libraries to combine the separate amounts of $767,000 and the $5,649,600 stated in such section into one amount, $6,416,600. Section 4 is the effective date.   STATEMENT IN SUPPORT OF THE BILL: The distribution of state funding for New York state's public libraries and library systems is governed by complicated formulas contained in the Education Law. In order to streamline and modernize library aid formulas and program requirements, retain program intent and sustain or improve outcomes, the Department is proposing funding neutral technical amend- ments to replace outdated provisions with new language, to consolidate and modernize programs and to streamline planning and reporting require- ments to improved efficiency.   BUDGETARY IMPLICATIONS OF THE BILL: None. This bill does not require any additional State appropriations   PRIOR LEGISLATIVE HISTORY: None.   EFFECTIVE DATE: This act shall take effect April 1, 2021; provided, however, that if this act shall become a law after such date, it shall take effect imme- diately and be deemed to have been in full force and effect on and after such date; provided, however, that section 1 and 2 of this bill shall be deemed to have been in full force and effect on and after April 1, 2020; provided, further, however, that the amendments to subdivision 1 of section 273-a of the education law made by section one of this act shall be subject to the expiration and reversion of such section pursuant to chapter 498 of the laws of 2011, as amended, when upon such date the provisions of section two of this act shall take effect.
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A07021 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7021
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                     April 21, 2021
                                       ___________
 
        Introduced by M. of A. JEAN-PIERRE -- (at request of the State Education
          Department)  --  read  once and referred to the Committee on Libraries
          and Education Technology
 
        AN ACT to amend the education law, in relation to state aid  eligibility
          for  library  construction,  and  to  streamline and modernize certain
          library aid formulas and program requirements
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision  1  of section 273-a of the education law, as
     2  amended by chapter 120 of the laws  of  2020,  is  amended  to  read  as
     3  follows:
     4    1.  State  aid  shall be provided for up to fifty percent of the total
     5  project approved costs, excluding feasibility studies, plans or  similar
     6  activities,  for  projects  for  the  installation and infrastructure of
     7  broadband services, and for the  acquisition  of  vacant  land  and  the
     8  acquisition,   construction,  renovation  or  rehabilitation,  including
     9  leasehold improvements, of buildings of  public  libraries  and  library
    10  systems chartered by the regents of the state of New York or established
    11  by  act of the legislature subject to the limitations provided in subdi-
    12  vision six of this section and upon approval by the commissioner, except
    13  that state aid may be provided for up to  seventy-five  percent  of  the
    14  total  project approved costs for buildings of public libraries that are
    15  located in an economically disadvantaged community and  that  state  aid
    16  may  be  provided for up to ninety percent of the total project approved
    17  costs for buildings of public libraries that are located in  an  econom-
    18  ically  distressed  community. Provided however that the state liability
    19  for aid paid pursuant to this section shall be limited to  funds  appro-
    20  priated  for  such  purpose.  Aid shall be provided on approved expenses
    21  incurred during the period commencing July first and ending June thirti-
    22  eth for up to [three] four years, or until  the  project  is  completed,
    23  whichever  occurs  first.  Provided, however, that public libraries that
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09536-02-1

        A. 7021                             2
 
     1  received aid for projects  pursuant  to  this  section  commencing  July
     2  first,  two thousand seventeen through July first, two thousand nineteen
     3  and are unable to complete such projects due to the state disaster emer-
     4  gency declared pursuant to executive order number two hundred two of two
     5  thousand  twenty,  as  amended,  shall  be provided an additional twelve
     6  months from the statutory project end date to  complete  such  projects.
     7  Fifty  percent  of  such  aid shall be payable to each system or library
     8  upon approval of the application by the  department.  Forty  percent  of
     9  such  aid  shall be payable in the next state fiscal year. The remaining
    10  ten percent shall be payable upon project completion.
    11    § 2. Subdivision 1 of section 273-a of the education law, as separate-
    12  ly amended by chapters 381 and 389 of the laws of 2019,  is  amended  to
    13  read as follows:
    14    1.  State  aid  shall be provided for up to fifty percent of the total
    15  project approved costs, excluding feasibility studies, plans or  similar
    16  activities,  for  projects  for  the  installation and infrastructure of
    17  broadband services, and for the  acquisition  of  vacant  land  and  the
    18  acquisition,   construction,  renovation  or  rehabilitation,  including
    19  leasehold improvements, of buildings of  public  libraries  and  library
    20  systems chartered by the regents of the state of New York or established
    21  by  act of the legislature subject to the limitations provided in subdi-
    22  vision six of this section and upon approval by the commissioner, except
    23  that state aid may be provided for up to  seventy-five  percent  of  the
    24  total  project approved costs for buildings of public libraries that are
    25  located in an economically disadvantaged community and  that  state  aid
    26  may  be  provided for up to ninety percent of the total project approved
    27  costs for buildings of public libraries that are located in  an  econom-
    28  ically  distressed  community. Provided however that the state liability
    29  for aid paid pursuant to this section shall be limited to  funds  appro-
    30  priated  for  such  purpose.  Aid shall be provided on approved expenses
    31  incurred during the period commencing July first and ending June thirti-
    32  eth for up to [three] four years, or until  the  project  is  completed,
    33  whichever  occurs first.   Fifty percent of such aid shall be payable to
    34  each system or library upon approval of the application by  the  depart-
    35  ment.  Forty  percent  of  such  aid  shall be payable in the next state
    36  fiscal year. The remaining ten percent shall  be  payable  upon  project
    37  completion.
    38    § 3. Section 273 of the education law, as amended by section 3 of part
    39  O of chapter 57 of the laws of 2005, subdivision 7 as amended by chapter
    40  362 of the laws of 2013, subdivision 11 as added by section 3 of part A5
    41  of  chapter  58  of  the  laws of 2006, and subdivision 12 as amended by
    42  section 3 of part A of chapter 58 of the laws of  2011,  is  amended  to
    43  read as follows:
    44    § 273. Apportionment of state aid to libraries and library systems. 1.
    45  Any  public  library  system  providing  service  under an approved plan
    46  during a calendar year shall be entitled to receive during that calendar
    47  year state aid consisting of the following amounts:
    48    a. An annual grant of:
    49    (1) Ten thousand dollars where the library system serves less than one
    50  county, or
    51    (2) Twenty thousand dollars where the library system serves one entire
    52  county, or
    53    (3) Where the library system serves more than one  county  the  system
    54  shall  be  entitled  to  receive  twenty-five  thousand dollars for each
    55  entire county served and/or ten thousand dollars for  each  county,  any
    56  part  of  which  is served by the library system. If an entire county is

        A. 7021                             3
 
     1  served by two or more library systems, each of which serves a part ther-
     2  eof, each of such library systems shall be entitled to receive  a  grant
     3  of  ten  thousand  dollars and in addition, a pro rata share of an addi-
     4  tional sum of ten thousand dollars, such share to be computed in accord-
     5  ance  with  the  ratio  which  the  population of the area of the county
     6  served by such library system bears to the total population of the coun-
     7  ty, as determined under subdivision one of section two hundred  seventy-
     8  two of this article.
     9    b. In a library system which submits a plan for further development of
    10  [its central library] and access to central library services, which plan
    11  shall be approved by the commissioner [in relation to standards for such
    12  central  libraries]  pursuant  to  the  commissioner's  regulations, the
    13  amount of central library [development] services aid shall be:
    14    (1) thirty-two cents per capita of the population within the chartered
    15  area of service of such library system with  a  minimum  amount  of  one
    16  hundred five thousand dollars, and
    17    (2)  an  additional  seventy-one thousand five hundred dollars [to the
    18  library system  for  the  purchase  of  books  and  materials  including
    19  nonprint  materials,  as defined in regulations of the commissioner, for
    20  its central library].
    21    (3) Ownership of library materials and equipment purchased  with  such
    22  central  library services aid provided by this paragraph shall be vested
    23  in the public library system.
    24    c. The sum of [ninety-four] one dollar and sixty-two cents per  capita
    25  of population of the area served.
    26    d.  [(1)  An  amount  equal to the amount by which expenditures by the
    27  library system for books, periodicals, binding  and  nonprint  materials
    28  during the preceding fiscal year exceeds forty cents per capita of popu-
    29  lation  of  the area served but the total apportionment pursuant to this
    30  subparagraph shall not exceed sixty-eight cents per capita of population
    31  served. In the first year  in  which  any  library  system  changes  its
    32  reporting  from the calendar year to a fiscal year other than the calen-
    33  dar year, it shall file any additional reporting schedules deemed neces-
    34  sary by the commissioner for the purpose of determining  state  aid  for
    35  the calendar year.
    36    (2)]  Each public library system with an automation program to support
    37  bibliographic control and interlibrary sharing of information  resources
    38  of  member  libraries,  and  to  coordinate  and integrate the automated
    39  system or systems of such member libraries consistent  with  regulations
    40  of  the  commissioner,  shall  be eligible to receive an amount equal to
    41  [seven] two and nine hundred thirty-eight  thousandths  percent  of  the
    42  amount earned in [subparagraph one of this] paragraph (c) of this subdi-
    43  vision, or seventy-six thousand five hundred dollars, whichever is more.
    44    e.  The sum of fifty-two dollars per square mile of area served by the
    45  library system in the case of library  systems  serving  one  county  or
    46  less.  Such  sum  shall be increased by five dollars for each additional
    47  entire county served, provided, however, that no apportionment  pursuant
    48  to  this  paragraph  shall exceed seventy-two dollars per square mile of
    49  area served. If an entire county  is  served  by  two  or  more  library
    50  systems,  each  of  which  serves  a  part thereof, each of such library
    51  systems shall be entitled to receive, in addition to the aid computed in
    52  accordance with the foregoing provisions of this paragraph, a  pro  rata
    53  share  of an increase of five dollars to be computed as follows: the sum
    54  resulting from the computation of five dollars per square mile  of  area
    55  served  by the one of such library systems which would receive the larg-
    56  est amount of aid pursuant to this paragraph shall be  pro  rated  among

        A. 7021                             4
 
     1  the  library  systems  serving  such county in accordance with the ratio
     2  which the population of the area served by each of such library  systems
     3  bears  to  the  population of the county as determined under subdivision
     4  one of section two hundred seventy-two of this article.
     5    f.  (1) Local library services aid. Except in cities with a population
     6  in excess of one million  inhabitants,  each  chartered  and  registered
     7  public and free association library meeting standards of service promul-
     8  gated  by  the commissioner, and each public or free association library
     9  serving a city with a population of one hundred thousand or  more  which
    10  merged  with the public library system on or before January first, nine-
    11  teen hundred seventy-six and which meets standards of service promulgat-
    12  ed by the commissioner, shall be eligible to receive annually thirty-one
    13  cents per capita of the population of the  library's  chartered  service
    14  area  as  on file with the commissioner on January first of the calendar
    15  year for which aid is payable, or, thirty-one cents per  capita  of  the
    16  population of the city with a population of one hundred thousand or more
    17  whose  public or free association library merged with the public library
    18  system on or before January first, nineteen hundred seventy-six, with  a
    19  minimum  amount  of  one  thousand  five hundred dollars, except that no
    20  library shall receive less than the amount of local library services aid
    21  received in two thousand one.  Regulations  of  the  commissioner  shall
    22  provide  a method for establishing changes in chartered service areas or
    23  determining populations thereof. Local library  services  aid  shall  be
    24  paid to the system for distribution within thirty days of receipt to its
    25  member  libraries  in  accordance with this subdivision. Notwithstanding
    26  any contrary provisions of this  subparagraph,  the  commissioner  shall
    27  establish  procedures  under  which a public or free association library
    28  may apply for a waiver of the requirements of the standards of  service;
    29  provided, however, that any such waivers may only be granted in the same
    30  year in which the commissioner has apportioned a reduction adjustment.
    31    (2)  Local services support aid. Except in cities with a population in
    32  excess of one million inhabitants, each public library system  operating
    33  under  an approved plan of service shall be eligible to receive annually
    34  local services support aid equal  to  two-thirds  of  the  total  dollar
    35  amount paid in local library services aid to the member libraries of the
    36  system  plus  thirty-one cents per capita of the system's population who
    37  do not reside within the chartered service area of a member library.
    38    (3) Local consolidated systems aid. In cities  with  a  population  in
    39  excess  of one million inhabitants, each public library system operating
    40  under an approved plan of service shall be eligible to receive  annually
    41  local  consolidated  system aid equal to the sum of (i) thirty-one cents
    42  per capita of the population served by the system, but not less than the
    43  amount of local library incentive aid received in nineteen hundred nine-
    44  ty-one as reported on the library's nineteen hundred  ninety-one  annual
    45  report;  and  (ii) an additional amount equal to two-thirds of the total
    46  dollar amount computed for the system pursuant to  clause  (i)  of  this
    47  subparagraph.
    48    g.  In  addition to the sums otherwise provided in paragraphs a, b, c,
    49  d, e, f, h and i of this subdivision, the New York Public Library  shall
    50  receive  [an  amount equal to its actual expenditures for books, period-
    51  icals and binding for its research libraries which expenditures are  not
    52  otherwise  reimbursed  or  seven  hundred  sixty-seven thousand dollars,
    53  whichever is less, and the additional sum of five  million  six  hundred
    54  forty-nine  thousand]  six  million  four  hundred  sixteen thousand six
    55  hundred  dollars  for  the  general  support  of  [such]  its   research
    56  libraries.  In  addition to any other sums provided to such library, the

        A. 7021                             5
 
     1  sum of two million dollars shall be payable annually  to  the  New  York
     2  Public  Library  for the general support of library services provided by
     3  the New York Public Library to the students of the  City  University  of
     4  New York and the sum of one million dollars shall be payable annually to
     5  the  New  York  Public  Library  for the general support of its science,
     6  industry and business library.
     7    h. (1) Coordinated outreach services. Each public library system which
     8  provides coordinated outreach services, as defined by regulations to  be
     9  promulgated by the commissioner, to persons who are educationally disad-
    10  vantaged  or  who  are  members  of ethnic or minority groups in need of
    11  special library services, or who are  unemployed  and  in  need  of  job
    12  placement  assistance, or who live in areas underserved by a library, or
    13  who are blind, physically disabled, have developmental or learning disa-
    14  bilities, or who are aged  or  confined  in  institutions,  or  who  are
    15  at-risk youth from birth to age twenty-one, shall be entitled to receive
    16  annually  forty-three  thousand dollars and thirteen cents per capita of
    17  the total population of the area served.
    18    (2) [Adult literacy grants. The commissioner shall award annual grants
    19  for approved expenses for library-based  programs  conducted  by  public
    20  library  systems  and  public  and  free association libraries which are
    21  members of a public library system to assist adults  to  increase  their
    22  literacy  skills. The commissioner shall award such grants having deter-
    23  mined that such programs are being operated in direct coordination  with
    24  local public schools, colleges and other organizations which are operat-
    25  ing  similar  adult  literacy  programs. Annual state aid of two hundred
    26  thousand dollars shall be awarded for grants in  accordance  with  regu-
    27  lations promulgated by the commissioner. Ninety percent of the amount of
    28  any  such adult literacy grant shall be payable to the library or system
    29  upon approval by the department. The final ten percent shall be  payable
    30  upon completion of the project.
    31    (3) Family literacy grants. The commissioner shall award annual grants
    32  for  approved  expenses  for  library-based family literacy programs for
    33  pre-school and school age children and their parents conducted by public
    34  library systems and public  libraries  and  free  association  libraries
    35  which  are members of a public library system. Annual state aid of three
    36  hundred thousand dollars for grants shall be awarded in accordance  with
    37  regulations  promulgated  by  the  commissioner.  Ninety  percent of the
    38  amount of any such family literacy grant shall be payable to the library
    39  or system upon approval by the department. The final ten  percent  shall
    40  be  payable  upon  completion  of the project.] In addition, each system
    41  serving a population of two million inhabitants or more shall receive an
    42  additional amount  of  forty-six  thousand  three  hundred  thirty-three
    43  dollars  and  each  system serving a population of four hundred thousand
    44  inhabitants and less than two million inhabitants shall receive an addi-
    45  tional amount of twenty-three thousand dollars and each system serving a
    46  population of less than four hundred thousand inhabitants shall  receive
    47  an additional amount of fourteen thousand dollars.
    48    i.  In  addition to any other sums provided for such purposes, the New
    49  York Public Library shall receive annually  the  sum  of  seven  hundred
    50  thirty-four thousand dollars for the program of the Schomburg center for
    51  research in black culture, and the additional sum of nine hundred eight-
    52  y-four thousand dollars for the program of the library for the blind and
    53  physically handicapped.
    54    j.  In addition to any other sums provided to such library, the sum of
    55  two hundred fifty thousand dollars shall be paid  annually  to  the  New

        A. 7021                             6
 
     1  York Historical Society for making its library services available to the
     2  public.
     3    k.  In  addition to any other sums provided to such library the sum of
     4  three hundred fifty thousand dollars shall be payable  annually  to  the
     5  Brooklyn Public Library for its business library for each calendar year.
     6    l.  In addition to any other sums provided to such library, the sum of
     7  fifty thousand dollars shall be payable annually to the Buffalo and Erie
     8  County Public Library for a continuity of service  project  approved  by
     9  the commissioner for each calendar year.
    10    m.  In addition to any other sums provided to such library system, the
    11  sum of thirty thousand dollars shall be payable annually to  the  Nassau
    12  library  system  for  a  continuity  of  service project approved by the
    13  commissioner for each calendar year.
    14    n. The minimum annual grant available to a library system under  para-
    15  graphs a, c and e [and subparagraph one of paragraph d] of this subdivi-
    16  sion shall be six hundred seventy-five thousand dollars.
    17    2.  Within  the amounts appropriated therefor moneys paid out pursuant
    18  to this section shall be paid out of  the  state  treasury  on  vouchers
    19  certified by the commissioner after audit by and upon the warrant of the
    20  comptroller.
    21    3.  The  commissioner  may waive the requirement that a public library
    22  system serve an entire county to earn the  maximum  annual  grant  under
    23  subparagraphs  two  and  three of paragraph a of subdivision one of this
    24  section and paragraphs b, c, e and h of subdivision one of this  section
    25  where  the  commissioner  deems  reasonable  effort has been made by the
    26  system to encourage membership by all libraries in the county.
    27    4. Reference and research library resources system. a.  (1) Any refer-
    28  ence and research library resources system providing  service  under  an
    29  approved plan during a calendar year shall be entitled to receive annual
    30  state aid consisting of an annual grant of:
    31    [two]  (i)  Two  hundred  seventy thousand dollars plus the sum of one
    32  dollar and fifty cents per square mile of area served plus  the  sum  of
    33  six cents per capita of the population of the area served[.]; and
    34    (ii) Two hundred thousand dollars plus the sum of two cents per capita
    35  of the population of the area served.
    36    (2)  Each  system  may  annually appropriate funds received under this
    37  [provision] subdivision to  obtain  matching  funds  from  the  National
    38  Endowment  for  the  Humanities [in the United States Newspaper Program]
    39  and other federal programs.
    40    (3) The annual amount payable to each approved system under this para-
    41  graph shall be payable on or before  July  first,  provided  that,  upon
    42  receipt  of  annual  system activity reports satisfactory to the commis-
    43  sioner, the commissioner shall determine the amount  of  any  under-  or
    44  overpayments  and shall apply such adjustment to the next annual payment
    45  due such system.
    46    b. The commissioner is hereby authorized to expend up to five  hundred
    47  six  thousand  dollars  annually  in  each  state fiscal year to provide
    48  formula grants to approved  reference  and  research  library  resources
    49  systems  for  provision  of  consumer  health  and  medical  information
    50  services for all types of libraries and  library  systems.  Such  grants
    51  shall  assist  libraries  in  providing  access  to  timely and accurate
    52  medical and health information for medical personnel and for the general
    53  public. In addition to any other sum provided in this subdivision,  each
    54  reference  and research library resources system providing service under
    55  an approved plan with a consumer health and medical library  information
    56  services program for all types of libraries and library systems shall be

        A. 7021                             7
 
     1  eligible  to  receive an annual formula grant. Such formula grants shall
     2  be determined on the basis of criteria to be prescribed by  the  commis-
     3  sioner. The commissioner shall provide the annual amount payable to each
     4  approved system under this paragraph in the following manner:
     5    (1)  Funds  shall  be available to each reference and research library
     6  resources system in such manner as to  insure  that  the  ratio  of  the
     7  amount  each  system is eligible to receive equals the weighted ratio of
     8  the total number of institutions as defined in subparagraph two of  this
     9  paragraph in the region served by the system to the total number of such
    10  institutions in the state.
    11    (2)  For  the purposes of determining the amount of funds available to
    12  each system, institutions and their weightings are as follows:
    13    (i) not-for-profit hospitals licensed by the  New  York  state  health
    14  department, with a weighting of two;
    15    (ii)  for-profit  teaching  hospitals  licensed  by the New York state
    16  health department, with an additional weighting of one; and
    17    (iii)  member  institutions  of  a  reference  and  research   library
    18  resources  system,  excluding  public  and  hospital  libraries,  with a
    19  weighting of one.
    20    c. (1) The commissioner is hereby  authorized  to  expend  up  to  one
    21  million  three  hundred ninety-six thousand dollars in each state fiscal
    22  year to provide  formula  grants  to  approved  reference  and  research
    23  library  resources  systems for provision of services to member hospital
    24  libraries in not-for-profit hospitals licensed by  the  New  York  state
    25  health  department,  or to member libraries serving such hospitals. Such
    26  formula grants shall be determined on the basis of criteria to be devel-
    27  oped by the commissioner and shall assist member hospital  libraries  or
    28  member  libraries serving hospitals in meeting the standards established
    29  by the regents in accordance with section two hundred fifty-four of this
    30  article. Such formula grants shall support integration of member  hospi-
    31  tal  libraries  or  member  libraries  serving  hospitals  into existing
    32  networks.
    33    (2) The  commissioner  shall  provide  grants  to  the  reference  and
    34  research library resources systems in the following manner:
    35    (a)  an  amount  equal  to  seventy-five cents per square mile of area
    36  served by the reference and research library resource system in further-
    37  ance of the purposes of this paragraph, and
    38    (b) the remainder for library services to hospitals in accordance with
    39  regulations of the commissioner adopted for such purpose.
    40    5. Coordinated collection development program for public and nonprofit
    41  independent colleges and universities.
    42    a. Libraries of public and nonprofit independent colleges and  univer-
    43  sities  are  entitled  to  receive  annual  funding  for  a  coordinated
    44  collection development grant if they meet the following conditions:
    45    (1) Membership in a reference and research library resources system,
    46    (2) Their resources are made available to  the  public,  through  full
    47  participation  in  the  interlibrary  loan  and  other  resource sharing
    48  programs of the reference and research library resources system of which
    49  they are members, and
    50    (3) They meet the requirements set forth in regulations adopted by the
    51  commissioner including but not confined to
    52    (a) maintenance of effort,
    53    (b) relationships between reference  and  research  library  resources
    54  systems' programs and the regional higher education master plan,
    55    (c) submission of interlibrary loan statistics, and such other reports
    56  as may be required by the commissioner.

        A. 7021                             8
 
     1    b.  Public  and  nonprofit  independent colleges and universities with
     2  libraries which meet the criteria of paragraph a of this subdivision are
     3  eligible for annual grants as follows:
     4    (1) Four thousand four hundred dollars for each institution, and
     5    (2)  One  dollar  and four cents for each full-time equivalent student
     6  enrolled in each qualifying institution, in the academic year  completed
     7  prior  to  the  state fiscal year. For purposes of this section, a full-
     8  time equivalent shall be calculated as follows:
     9    (i) one full-time undergraduate student shall be considered one  full-
    10  time equivalent student;
    11    (ii) one part-time undergraduate student shall be considered one-third
    12  of a full-time equivalent student;
    13    (iii) one part-time graduate student shall be considered one full-time
    14  equivalent student; and
    15    (iv)  one  full-time graduate student shall be considered one and one-
    16  half of a full-time equivalent student.
    17    c. Funds for the support of this program shall be appropriated to  the
    18  department, except that funds for the state-operated institutions of the
    19  state university of New York and the senior colleges of the city univer-
    20  sity  of  New York, shall be appropriated to the state university of New
    21  York out of any moneys in the state treasury in the general fund to  the
    22  credit  of the state purposes fund not otherwise appropriated, and funds
    23  shall be appropriated to the city university of  New  York  out  of  any
    24  moneys  in  the  state treasury in the general fund to the credit of the
    25  local assistance fund not otherwise appropriated, and shall  be  subject
    26  to  the  same  distribution  formula  as provided in paragraph b of this
    27  subdivision.
    28    6. [Regional bibliographic data bases and interlibrary resources shar-
    29  ing.  a. The commissioner shall award annually to each of  the  approved
    30  nine reference and research library resources systems, from funds appro-
    31  priated by the legislature for an annual grant for an automation program
    32  (i)  to support bibliographic control and interlibrary sharing of infor-
    33  mation resources among all types of libraries and library systems in  an
    34  area  not  less  than that of a reference and research library resources
    35  system, and (ii) to coordinate and integrate the  automated  systems  of
    36  the  component  member  public library system or systems, school library
    37  system or systems and other automated systems within  the  area  of  the
    38  reference  and  research  library  resources  system. Each reference and
    39  research library resources system of such region shall be entitled to an
    40  annual grant of two hundred thousand dollars plus the sum of  two  cents
    41  per capita of the population served.
    42    b.  To  be  eligible  for a grant, each reference and research library
    43  resources system shall meet the requirements set  forth  in  regulations
    44  adopted  by  the  commissioner which shall include standards relating to
    45  library automation, continuous development of the data base, and  updat-
    46  ing,  access  and  linking of the data base programs. Each reference and
    47  research library resources system shall include in its approved plan  of
    48  service  a  description  of a regional library automation program, which
    49  shall include all library systems in the region that are members of  the
    50  reference and research library resources system.
    51    7.]  Conservation  and  preservation of library research materials. a.
    52  The commissioner shall award in any state fiscal year, an annual formula
    53  grant of one hundred fifty-eight  thousand  dollars  for  a  program  of
    54  conservation  and/or  preservation of library research materials to each
    55  of the following comprehensive research libraries:  Columbia  university
    56  libraries,  Cornell  university  libraries,  New York state library, New

        A. 7021                             9
 
     1  York university libraries, university of Rochester  libraries,  Syracuse
     2  university  libraries,  the  research  libraries  of the New York public
     3  library, state university of New York at Albany library, state universi-
     4  ty  of  New  York at Binghamton library, state university of New York at
     5  Buffalo library, and  state  university  of  New  York  at  Stony  Brook
     6  library.
     7    b.  To  be  eligible  for such formula grants, each such comprehensive
     8  research library must submit both a five-year plan and an annual program
     9  budget. The plan must satisfy criteria to be established by the  commis-
    10  sioner in regulations relating to the identification of library research
    11  materials,  the  need  for  their  preservation,  and the means of their
    12  conservation.
    13    c. Other agencies and libraries, as defined in regulations promulgated
    14  by the commissioner, which are not eligible for funding under  paragraph
    15  a  of  this  subdivision,  may  receive separate grants the sum of which
    16  shall not exceed five hundred thousand dollars in any state fiscal  year
    17  to  support  the  preservation  and/or  conservation  of  unique library
    18  research materials. Such agencies and  libraries  shall  submit  project
    19  proposals.  Approval  of  such  project  proposals, and determination of
    20  funding level, shall be based upon, but not limited to, factors such as:
    21  the research value of materials to be preserved and/or conserved; appro-
    22  priateness of conservation and  preservation  techniques  in  accordance
    23  with  statewide  planning and national standards; institutional capacity
    24  for successful completion of the project, including facilities,  experi-
    25  ence,  and  technical  expertise; availability of staff with appropriate
    26  training and expertise; contribution of the institution to  the  project
    27  in  matching  funds  and staff resources; and the volume of interlibrary
    28  lending and access to holdings by the public.  Ninety  percent  of  each
    29  such  grant  shall  be  payable  upon approval by the department and the
    30  remaining ten percent shall be payable upon project completion.
    31    d. Funds made available under the provisions of this  section  may  be
    32  used by comprehensive research libraries and other agencies eligible for
    33  funding  to  obtain  matching  funds from the national endowment for the
    34  humanities preservation program and other federal programs.
    35    e. The commissioner shall establish  an  office  for  coordination  of
    36  conservation  and/or preservation of library research materials to iden-
    37  tify the conservation and/or preservation needs of libraries within  the
    38  state,  to  assess  the  technology  available for such conservation and
    39  preservation,  and  to  coordinate  the  conservation  and  preservation
    40  efforts resulting from this legislation.
    41    [8.]  7. New York state talking book and braille library. The New York
    42  state talking book and braille library  shall  be  entitled  to  receive
    43  annually an amount equal to the product of the aid ceiling multiplied by
    44  the  number of registered borrowers of such materials of such library as
    45  of the November report for the November immediately preceding the  state
    46  fiscal  year  for  which  the payment will be made. Such amount shall be
    47  used to improve the quality of services provided to such borrowers.  For
    48  aid  payable  in  each state fiscal year, the aid ceiling per registered
    49  borrower shall be nineteen dollars. Notwithstanding any other  provision
    50  of law, the New York state talking book and braille library shall be the
    51  successor  in  interest  to the New York state library for the blind and
    52  visually handicapped for all purposes, or the library for the blind  and
    53  physically  handicapped,  and  the  change  in name shall not affect the
    54  rights or interests of any party. Except where the context  indicates  a
    55  contrary  intent,  any  reference in any other general or special law to
    56  the New York state library for the blind and visually handicapped or the

        A. 7021                            10
 
     1  library for the blind and  physically  handicapped  shall  be  deemed  a
     2  reference to the New York state talking book and braille library.
     3    [9.]  8.  State  aid for a coordinated program of library and archival
     4  services at The Center for Jewish History, Inc. a. In  addition  to  any
     5  other  sums provided to The Center for Jewish History, Inc., the commis-
     6  sioner shall award in any state fiscal  year  an  annual  grant  of  two
     7  hundred  thousand  dollars  for  a  coordinated  program  of library and
     8  archival services that will increase public access to  the  library  and
     9  archival  collections  of  The  Center  for Jewish History, Inc. and its
    10  member institutions.
    11    b. The Center for Jewish History,  Inc.  is  hereby  admitted  to  the
    12  University of the State of New York and shall, as a condition of contin-
    13  ued  receipt of aid, maintain such status in accordance with regulations
    14  of the commissioner. Such regulations may include submission of a  five-
    15  year plan and annual program budget.
    16    [10.]  9.  State  aid for summer reading programs. The commissioner is
    17  hereby authorized to expend the funds of the  love  your  library  fund,
    18  established  in  section  ninety-nine-l  of the state finance law, which
    19  shall provide grants  for  participation  in  statewide  summer  reading
    20  programs  as  coordinated by the state library to public library systems
    21  on the basis of criteria to be developed by  the  commissioner.  Upon  a
    22  determination  by the commissioner that there is adequate revenue avail-
    23  able for a grant program in the upcoming fiscal year,  grants  shall  be
    24  awarded as follows:
    25    a.  sixty  percent  of the funds appropriated pursuant to this section
    26  shall be made available to public library  systems  for  use  by  member
    27  libraries by the commissioner in such manner as to insure that the ratio
    28  of  the  amount received within each system to the whole of the aid made
    29  available pursuant to this paragraph is no greater than the ratio of the
    30  population served by such system to the population of the state; and
    31    b. forty percent of the funds appropriated pursuant  to  this  section
    32  shall  be  made  available  to  library  systems for use by their member
    33  libraries within each system by the commissioner in such  manner  as  to
    34  insure that an equal amount is received within each system in the state.
    35    [11.]  10. Notwithstanding any other provision of law to the contrary,
    36  each year commencing with the two thousand six calendar year, no library
    37  or library system shall receive less aid pursuant  to  this  section  or
    38  section  two hundred seventy-one or two hundred seventy-two of this part
    39  than it would have been eligible to receive for  the  two  thousand  one
    40  calendar  year  solely  by reason of a decrease in the population of the
    41  area served as a result of the latest approved federal census.
    42    [12.] 11. The commissioner is hereby authorized to expend funds  annu-
    43  ally  for  formula  grants  to  public  library  systems,  reference and
    44  research library resources systems, and school library systems operating
    45  under an approved plan of service. Such formula grants shall be provided
    46  for the period commencing July first and ending on June  thirtieth  next
    47  following.  Such  formula  grants  will  be distributed in the following
    48  manner:
    49    a. Each public library system established  pursuant  to  sections  two
    50  hundred  fifty-five and two hundred seventy-two of this part and operat-
    51  ing under a plan approved by the commissioner  is  entitled  to  receive
    52  annually  thirty-nine  thousand  dollars  and an amount equal to ten and
    53  ninety-four hundredths percent of the amount of state aid  received  for
    54  the  current  year  by  such system under paragraphs a, c, d, e and n of
    55  subdivision one of this section;

        A. 7021                            11
 
     1    b. Each reference and research library  resources  system  established
     2  pursuant  to  section two hundred seventy-two of this part and operating
     3  under a plan approved by the commissioner is entitled to receive annual-
     4  ly thirty-nine thousand dollars and an amount equal to ten  and  ninety-
     5  four  hundredths  percent  of  the  amount of state aid received for the
     6  current year under clause (i) of subparagraph  one  of  paragraph  a  of
     7  subdivision four of this section; and
     8    c.  Each  school  library  system  established pursuant to section two
     9  hundred eighty-two of this part and operating under a plan  approved  by
    10  the  commissioner  is  entitled to receive annually thirty-nine thousand
    11  dollars and an amount equal to ten and ninety-four hundredths percent of
    12  the amount of state aid received for the current  year  by  such  system
    13  under  paragraphs  a, b, c, d, e and f of subdivision one of section two
    14  hundred eighty-four of this part.
    15    § 4. This act shall take effect April 1, 2021; provided,  however,  if
    16  this  act  shall become a law after such date it shall take effect imme-
    17  diately and shall be deemed to have been in full force and effect on and
    18  after April 1, 2021; provided, that the amendments to subdivision  1  of
    19  section 273-a of the education law made by section one of this act shall
    20  be  subject to the expiration and reversion of such subdivision pursuant
    21  to section 2 of chapter 498 of the laws of 2011, as amended,  when  upon
    22  such  date  the provisions of section two of this act shall take effect;
    23  and provided, further, that sections one and two of this  act  shall  be
    24  deemed to have been in full force and effect on and after April 1, 2020.
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