New York State Assembly

 
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A10836 Summary:

A10836 Actions:

A10836 Committee Votes:

Committee:LIBRARIES AND EDUCATION TECHNOLOGY   Chair:Barrett      
DATE:06/06/2018AYE/NAY:9/0  Action: Favorable refer to committee Ways and Means        
Barrett
Aye
Walsh
Aye
Otis
Aye
Palmesano
Aye
Solages
Aye
Barnwell
Aye
Dickens
Aye
Niou
Aye
Bohen
Aye

Committee:WAYS AND MEANS   Chair:Weinstein      
DATE:06/07/2018AYE/NAY:32/0  Action: Favorable refer to committee Rules        
Weinstein
Aye
Oaks
Aye
Lentol
Aye
Crouch
Aye
Schimminger
Aye
Barclay
Aye
Gantt
Excused
Fitzpatrick
Aye
Glick
Aye
Hawley
Aye
Nolan
Aye
Malliotakis
Aye
Pretlow
Aye
Walter
Aye
Perry
Aye
Montesano
Aye
Colton
Aye
Curran
Aye
Cook
Aye
Ra
Aye
Cahill
Aye
Aubry
Aye
Hooper
Aye
Thiele
Aye
Cusick
Aye
Ortiz
Aye
Benedetto
Aye
Weprin
Excused
Rodriguez
Aye
Ramos
Aye
Braunstein
Aye
McDonald
Excused
Rozic
Aye
Peoples-Stokes
Aye
Simotas
Aye

Committee:RULES   Chair:Heastie      
DATE:06/11/2018AYE/NAY:29/0  Action: Favorable         
Heastie
Aye
Kolb
Aye
Gottfried
Aye
Oaks
Aye
Lentol
Aye
Butler
Aye
Gantt
Excused
Crouch
Aye
Nolan
Excused
Finch
Aye
Weinstein
Aye
Barclay
Aye
Hooper
Aye
Raia
Aye
Ortiz
Aye
Hawley
Aye
Pretlow
Aye
Cook
Aye
Glick
Aye
Morelle
Aye
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Galef
Aye
Paulin
Aye
Titus
Aye
Peoples-Stokes
Aye
Benedetto
Aye

A10836 Floor Votes:

A10836 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                        10836--B
                                                                   R. R. 131
 
                   IN ASSEMBLY
 
                                      May 23, 2018
                                       ___________
 
        Introduced  by  M. of A. BARRETT, PALMESANO -- read once and referred to
          the Committee on Libraries and Education Technology  --  reported  and
          referred  to  the Committee on Ways and Means -- reported and referred
          to the Committee on Rules -- ordered to a third reading -- amended  on
          the  special  order  of  third  reading, ordered reprinted as amended,
          retaining its place on the special order of  third  reading  --  again
          amended  on special order of third reading, ordered reprinted, retain-
          ing its place on the special order of third reading
 
        AN ACT to amend the education law, in  relation  to  project  costs  for
          buildings  of  public  libraries  located  in  economically distressed
          communities; to amend chapter 498 of the laws  of  2011  amending  the
          education  law  relating  to  the  public  library  construction grant
          program, in relation to the effectiveness thereof; and  providing  for
          the repeal of certain provisions upon expiration thereof
 
          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 and that state aid may be provided for up  to  ninety
    17  percent  of  the  total  project  approved costs for buildings of public
    18  libraries that are located  in  an  economically  distressed  community.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15926-10-8
        A. 10836--B                         2
 
     1  Provided  however that the state liability for aid paid pursuant to this
     2  section shall be limited to funds appropriated  for  such  purpose.  Aid
     3  shall  be  provided  on  approved  expenses  incurred  during the period
     4  commencing  July  first and ending June thirtieth for up to three years,
     5  or until the project is completed, whichever occurs first. Fifty percent
     6  of such aid shall be payable to ; and to amend a chapter of the laws  of
     7  2014,  enacting  the state operations budget each system or library upon
     8  approval of the application by the department. Forty percent of such aid
     9  shall be payable in the  next  state  fiscal  year.  The  remaining  ten
    10  percent shall be payable upon project completion.
    11    2.  Each  application for state aid shall be submitted by the board of
    12  trustees of the library or library system responsible for the  operation
    13  of  the  subject  building to the commissioner for his or her review and
    14  approval, after having been reviewed and approved by the governing board
    15  of the public library system of which such library  is  a  member.  Each
    16  application shall:
    17    a. demonstrate that resources are or shall be available to provide for
    18  maximum utilization of the project if approved;
    19    b.  contain  verification  in  such  form  as may be acceptable to the
    20  commissioner that the total cost of the project, exclusive of state aid,
    21  has been or will be obtained;
    22    c. demonstrate that library operations would be made  more  economical
    23  as a consequence of approval;
    24    d.  be  limited to one project concerning such building, provided that
    25  no building shall be the subject of more than one application per year;
    26    e. contain documentation, where such an application requests state aid
    27  in an amount greater than fifty percent, demonstrating how  the  project
    28  will address the service needs of one or more economically disadvantaged
    29  communities.  Such  documentation  may  demonstrate need through poverty
    30  rates, concentrations of English  language  learners,  low  high  school
    31  graduation  rates,  limited  fiscal  capacity or other relevant factors;
    32  [and]
    33    f. contain documentation, where such an application requests state aid
    34  in an amount greater than seventy-five percent,  demonstrating  how  the
    35  project  will  address  the  service  needs  of one or more economically
    36  distressed communities. An application must demonstrate that the average
    37  poverty rate within the library's service area is equal  to  or  greater
    38  than  the New York state average poverty rate using federal census data;
    39  and the library must demonstrate that it lacks the capacity  to  provide
    40  twenty-five percent of the project costs; and
    41    g.  provide  such  other information as may be required by the commis-
    42  sioner.
    43    3. In approving any application that would receive  state  aid  beyond
    44  fifty percent of the total project approved costs, the board of trustees
    45  of  the library system shall give particular attention to addressing the
    46  library service  needs  of  economically  disadvantaged  communities  as
    47  provided for in paragraph e of subdivision two of this section.
    48    4.  In  approving  any application that would receive state aid beyond
    49  seventy-five percent of the total project approved costs, the  board  of
    50  trustees  of  the  library  system  shall  give  particular attention to
    51  addressing the library service needs of economically distressed communi-
    52  ties as provided for in paragraph f of subdivision two of this  section.
    53  No  more  than  ten percent of the total funds appropriated to a library
    54  system in subdivision six of this section may be  used  to  support  the
    55  total  costs  for  projects that would receive state aid beyond seventy-
    56  five percent of the total project approved costs.
        A. 10836--B                         3
 
     1    5. In approving any application the commissioner  shall  consider  the
     2  condition  of  existing  libraries  and, where appropriate, the needs of
     3  isolated or economically disadvantaged  communities,  provided  that  no
     4  application  shall  be  approved  for  a  project  that is deemed by the
     5  commissioner  to  have  been completed prior to the date of the applica-
     6  tion.
     7    [5.] 6. Aid shall be distributed pursuant to this section as follows:
     8    a. sixty percent of the funds appropriated pursuant  to  this  section
     9  shall  be  made available to libraries within each system by the commis-
    10  sioner in such manner as to insure that the ratio of the amount received
    11  within each system to the whole of the aid made  available  pursuant  to
    12  this  paragraph is no greater than the ratio of the population served by
    13  such system to the population of the state;
    14    b. forty percent of the funds appropriated pursuant  to  this  section
    15  shall  be  made  available  to  library systems or libraries within each
    16  system by the commissioner in such manner as to  insure  that  an  equal
    17  amount is received within each system in the state;
    18    c.  any  funds  made  available  pursuant  to paragraph a or b of this
    19  subdivision which by April first of each  succeeding  fiscal  year,  are
    20  declined  by  such libraries or library systems for any reason, or which
    21  cannot otherwise be used by such libraries or library  systems  for  any
    22  reason,  shall  be  made available by the commissioner to other eligible
    23  libraries within such system, or if no such library can use  such  funds
    24  shall be reallocated among the other library systems and their libraries
    25  in  a  manner that will to the extent possible provide from such reallo-
    26  cated funds an equal amount to each such system.
    27    [6.] 7. The commissioner shall adopt  rules  and  regulations  as  are
    28  necessary to carry out the purposes and provisions of this section.
    29    [7.]  8.  The  commissioner shall submit to the temporary president of
    30  the senate and the speaker of the assembly an annual  report  describing
    31  those  projects  that  have received state funding of greater than fifty
    32  percent of project costs and the  communities  to  be  served  by  those
    33  projects.
    34    §  2. Section 2 of chapter 498 of the laws of 2011 amending the educa-
    35  tion law relating to the public library construction grant  program,  as
    36  amended  by  chapter  148  of  the  laws  of 2014, is amended to read as
    37  follows:
    38    § 2. This act shall take effect on the first of April next  succeeding
    39  the  date  on  which it shall have become a law [and shall expire and be
    40  deemed repealed March 31, 2020].
    41    § 3. This act shall take effect immediately;  provided,  however  that
    42  the amendments to section 273-a of the education law made by section one
    43  of this act shall expire and be deemed repealed March 31, 2025.