Relates to state aid to libraries and library systems; provides for automatic waiver of local maintenance of effort requirements in the event that state aid for public library systems is reduced by more than 20% and eliminates such requirements for central libraries; provides the commissioner with authority to waive provisions of certain categorical aid programs in the event that state aid programs are reduced by more than 20%; eliminates the central library program, replacing it with a cooperative resource and collection development aid program; eliminates the book reimbursal program and adjusts formulas to ensure that funding amounts remain the same; provides that no library shall receive less aid than they received in 2011; removes the provision that the commissioner may only grant waivers or variances from minimum standards if library aid is not at the statutory level; provides that public library systems may use the formula funding for coordinated outreach and youth services; eliminates the competitive adult and family literacy grant programs; removes financial disincentives for voluntary public library system and reference and research library resources system mergers; eliminates the competitive coordinated conservation/preservation grant program and increases the statutory amount available to each of the eligible Big Eleven research libraries; provides that NYS research library's statutory formula conservation/preservation program is funded at the same level in the state operations budget as are the programs of the other Big Eleven research libraries; provides that the NYS library's talking book and braille library is funded at the same level as other library aid programs; provides that no library or system will receive less funding than they received under statute in 2011 as a result of the use of the 2010 census.
S6492-2011 Actions
- Feb 15, 2012: REFERRED TO EDUCATION
S6492-2011 Memo
BILL NUMBER:S6492 TITLE OF BILL: An act to amend the education law, in relation to state aid to libraries and library systems PURPOSE: The purpose of this bill is to amend the Education Law so as to enable library systems and libraries, including the New York State Library, to better meet the needs of New Yorkers for library services in 2012 and beyond. The proposed amendments will streamline and modernize a number of existing library aid provisions in statute. The proposed amendments will also provide increased flexibility for library systems in meeting the priority needs of their member libraries and their communities during times of reduced state appropriations for statutory library programs. SUMMARY OF PROVISIONS: The bill would amend two sections of the Education Law that are related to State Aid for Libraries and Library Systems: Education Law 272 - Conditions Under Which Library Systems are entitled to State Aid Education Law 273 - Apportionment of State Aid to Libraries and Systems Section 1 of this bill will: o Create a new subparagraph 1 under Education Law 272(1)(j) that would trigger an automatic waiver from the local maintenance of effort (MOE) requirements in Education Law 272(1)(j) in the event the state budget appropriations for public library systems have been reduced by more than twenty percent below the statutory formula amounts. o Permanently eliminate the current local maintenance of effort (MOE) requirements for designated central libraries or co-central libraries of public library systems In Education Law 272(1(j)(2). This change is needed in order to implement the changes made to Education Law 273(1)(b) proposed in Section 2 of this bill. Section 2 of this bill will: o Create a new paragraph (m) under Education Law 272(1) that would provide the Commissioner of Education with the authority to waive statutory program requirements of certain library system aid programs in the event that the state budget appropriations for library systems have been reduced by more than twenty percent below the statutory formula amounts. Programs that would be included under this provision include: o Education Law 273 (1)(b) - public library systems - Cooperative resource and collection development aid (formerly known as central library aid). o Education Law 273(1)(h) - public library systems - Coordinated outreach and youth services aid. o Education Law 273 (4)(b)- reference and research library resources systems Medical Information Services Program Aid. o Education Law 273(4)(c)- reference and research library resources systems Hospital Library Services Aid. o Education Law 273 (6)- reference and research library resources systems Regional Bibliographic Data bases and Interlibrary Resources Sharing Aid. o Education Law 284(1)(g) - school library systems - Automation Aid Section 3 of this bill will: o Amend Education Law 273(1)(b) to transform the public library system central library aid program, providing a broader, more flexible "cooperative resources and collection development aid" program. Systems will no longer be required to have an officially designated and State-approved central library. Systems will have multiple options for using these State funds, including using the State funds to contract with one or more member libraries that provide centralized collections and resources for use by all system residents. Systems may also use these State funds to offer a broad range of electronic resources for use by all residents of the system service area or other cooperative initiatives that will be identified in collaboration with member libraries. o Amend Education Law 273(1)(c) and (d) to modernize and simplify three of the operating aid formulas for public library systems, reducing the number of formulas from three to two without reducing the overall statutory funding levels. The formula in paragraph c will be amended to increase the amount of per capita State Aid from ninety four cents to $1.62 per capita. This increase is budget neutral because of the corresponding elimination of the outdated and unnecessarily complex "book reimbursal" program formula in Education Law 273(1)(d)(1) of sixty-eight cents per capita. The automation program aid formula in paragraph d (2) will be adjusted to ensure that the overall funding amount for the system's automation program aid remains the same. o Amend Education Law 273(1)(f)(1), regarding Local Library Services Aid, to ensure that no library receives less in Local Library Services Aid than the library received in 2011, thus providing a hold harmless so that the changes in the 2010 census do not result in any library receiving a reduction in this State funding in statute. Other amendments to subparagraph f will remove the provision that the Commissioner may only grant waivers or variances from minimum standards if library aid is not at the statutory level. Based on past experience, there are sometimes special circumstances under which such a waiver or variance is legitimately needed by a library. o Amend Education Law 273(1)(h), regarding Coordinated outreach services, to add the authority for public library systems to use this formula funding for coordinated outreach and youth services for the identified target groups. Amendments will also eliminate the provisions of Education Law 273(1)(h)(2) which authorize a $200,000 competitive adult literacy grant program and Education Law 273(1)(h)(3) which authorize a $300,000 competitive family literacy grant programs for public libraries and public library systems. Instead, these State funds ($500,000) would be used to increase the base grant for each public library system for coordinated outreach and youth services program from $43,000 to $65,000. � Amend Education Law Section 273(1) to add a new subparagraph (0). This new subparagraph would provide that any new public library system established through merger on or after April 1, 2012 would continue to receive at least the same level of funding annually as the component public library systems would have received individually, removing the current financial disincentives for voluntary library system mergers. Section 4 of this bill will: o Amend Education Law Section 273(4) to add a new subparagraph (d). This new subparagraph (d) would provide that any new reference and research library resources system established through merger on or after April 1, 2012 would continue to receive at least the same level of funding annually as the component reference and research library resources systems would have received individually, removing the current financial disincentives for voluntary library system mergers. Section 5 of this bill will: o Amend Education Law Section 273(7), regarding the Conservation and preservation of library research materials, to streamline the conservation and preservation of library research materials program. These amendments will permanently eliminate the provisions of subparagraph (c) which authorize the complex and competitive $350,000 coordinated conservation/preservation grant program for the Big Eleven Research Libraries. It would also amend subparagraph (a) to move the funds from (c) to (a), thereby increasing the statutory amount available to each of the eligible Big Eleven research libraries from $126,000 to $158,000. Other changes to subparagraph (b) will require that the New York State Research Library's statutory formula conservation/preservation program is funded at the same level in the state operations budget as are the programs of the ten other Big Eleven Research libraries in the local assistance budget. o Amend Education Law Section 273(8) to require that in the event that the statutory formula funds for the New York State Library's Talking Book and Braille Library are subject to a reduction adjustment, such adjustment shall not exceed any reduction adjustment applied to other statutory Library Aid programs in the local assistance budget. o Amend Education Law Section 273 (11) to provide a hold-harmless so that no library or system will receive less funding than the library or library system received under statute in 2011 as a result of the use of the 2010 census. JUSTIFICATION: The proposed amendments to Section 272 and 273 of the Education Law will enable New York State's network of state-supported library systems and libraries, including the New York State Library, to better meet the needs of New Yorkers for library services in 2012 and beyond. The proposed amendments will streamline and modernize a number of existing library aid provisions in statute so that library systems and libraries can continue to enhance collaboration, expand cooperation and increase shared services that benefit all New Yorkers. The changes will also provide library systems with more flexibility, so they can work in partnership with each other, with local libraries and with the State Library to adapt existing programs and services to meet the changing needs of library customers and achieve greater economies of scale. Amendments will also remove current financial disincentives for like-type library system mergers among public library systems and reference and research library resources systems. The changes accomplished by this proposed legislation will enable library systems and libraries to more quickly institute new programs and services that take full advantage of new technologies and digital content, in cost efficient and operationally effective manners. The proposed amendments will provide increased flexibility for library systems in meeting the priority needs of their member libraries and their communities during times of reduced state appropriations for statutory library programs. The proposed amendments to Education Law 273 will also streamline and update several outdated aid formulas. The proposed legislation will eliminate three different statewide competitive grant programs and shift the State funds to formula aid programs with similar purposes. Each of these three competitive grant programs are underfunded compared to the need, and annually benefit only relatively small numbers of libraries. In addition, the State . requirements for competitive grant programs have become increasingly stringent, with multiple and costly layers of administrative review and approvals. These costly multiple layers of review drain limited staffing resources and result in long delays in grant approvals by control agencies. As a result, local libraries may have only a two or three month window to complete what was intended by statute to be a twelve month grant project. The administrative burden consequently outweighs the benefits of these relatively small, targeted competitive grant programs. Going forward, the State funds will be shifted to similar statutory formula programs in order to continue to address what are still areas of critical need in New York State. Programs for New Yorkers needing adult literacy library services and family literacy library services will be provided through the expanded public library systems' coordinated outreach library services and youth services program. The conservation and preservation of unique and fragile library research materials will be enhanced by the addition of the $350,000 from the coordinated conservation/preservation competitive grant program to the annual statutory funding for the Big Eleven research libraries. As a result of these changes, these limited State funds will benefit larger numbers of libraries and library users in a more efficient and cost-effective manner. The elimination of the three under-funded and labor intensive competitive grant programs will also result in operational efficiencies for the State Library, the State Education Department, control agencies, and local libraries. Amendments will clarify in law that statutory funding for the New York State Library for conservation/preservation and for the Talking Book and Braille Library in the State Operations Budget should be subject to the same reduction adjustments that apply to the other statutory aid programs for libraries in the Local Assistance Budget. Currently, that is not the case and these important programs have suffered disproportionately from reductions beginning in 2008-2009 and continuing through 2011-2012. The 2012-2013 Executive Proposal recommends additional reductions for 2012-2013, resulting in an overall 40 percent reduction from statutory levels. Library Aid local assistance programs have been reduced by 23 percent. The hold harmless provisions currently in law will be updated to provide that no library or system would receive less in statutory formula aid as a result of the use of the 2010 Census than they had received in 2011. LEGISLATIVE HISTORY: This is a new legislative proposal. FISCAL IMPLICATIONS: Budgetary implications of this legislation would be minimal. The proposed amendments included in this bill are fiscally neutral in terms of the funds generated by the statutory formulas. The existing statute, using the 2010 census with a hold harmless to 2011 would drive an estimated $103.5 million in state aid to libraries and library systems. However, the proposed appropriation for libraries and library systems in the 2012-2013 Executive Budget is $79 million, approximately twenty-three percent less than the amounts generated by the formulas in statute. The State Library will realize an immediate savings of more than $50,000 annually in administrative costs as a result of the elimination of the three competitive grant programs. This amount does not include additional savings that will be realized by control agencies and local libraries. EFFECTIVE DATE: Section 6 of this bill specifies the effective dates for the provisions in this bill. All provisions will take effect immediately and be deemed to have been in full force and effect as of April 1, 2012 with the exception that the changes to adult and family literacy grant programs do not take place until April 1, 2013 (since the second year of the current grant cycle runs through June 30, 2013, using funds appropriated in the FY 2012-2013 Budget). Also, the changes to the competitive Coordinated Conservation/Preservation Grant Program do not take place until April 1, 2014. (since the third and final year of the current grant cycle runs through June 30, 2014, using funds appropriated in the FY 2013-2014 Budget).
S6492-2011 Text
S T A T E O F N E W Y O R K
________________________________________________________________________
6492
I N SENATE
February 15, 2012
___________
Introduced by Sen. FARLEY -- read twice and ordered printed, and when
printed to be committed to the Committee on Education
AN ACT to amend the education law, in relation to state aid to libraries
and library systems
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraphs 1, 2 and 3 of paragraph j of subdivision 1 of
section 272 of the education law, as amended by section 2 of part O of
chapter 57 of the laws of 2005, are amended to read as follows:
(1) IN THE EVENT THAT THE STATE AID FORMULA FUNDS APPROPRIATED FOR A
PUBLIC LIBRARY SYSTEM UNDER SECTION TWO HUNDRED SEVENTY-THREE OF THIS
PART ARE LESS THAN EIGHTY PERCENT OF THE STATUTORY FORMULA AMOUNTS IN
SUCH SECTION, THE PROVISIONS OF SUBPARAGRAPHS TWO AND THREE OF THIS
PARAGRAPH SHALL NOT APPLY.
(2) In the event that the sum total of local sponsor support raised by
local taxation exclusive of the sum raised for capital expenditures for
the support of a public library system and participating libraries in a
twelve month period is less than ninety-five per centum of the average
of the amounts raised for such purposes by local taxation for the two
preceding twelve month periods, the state aid to which such library
system would otherwise be entitled shall be reduced by twenty-five per
centum. Such state aid shall likewise be reduced by twenty-five per
centum in the event that the public library system shall refuse after
reasonable notice to make provision for the expansion of the area served
in accordance with the regulations of the commissioner. Upon receipt of
annual systems and participating libraries activity reports satisfactory
to the commissioner, the commissioner shall determine the amount of any
underpayment or overpayments related to maintenance of effort and shall
apply such adjustment to the next annual payment due such library
system. In the first year in which any library system changes its
reporting from the calendar year to a fiscal year other than the calen-
dar year, it shall file any additional reporting schedules deemed neces-
sary by the commissioner for the purpose of determining maintenance of
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14182-01-2
S. 6492 2
effort as required herein, in order that no period of time shall be
exempt from such requirement.
[(2) In the event that the total sum raised by local taxation, exclu-
sive of the sum raised for capital expenditures, for the support of a
central library of a public library system in a twelve month period, is
less than ninety-five per centum of the average of the amounts raised
for such purposes by local taxation for the two preceding twelve month
periods, the state aid to which such library system would otherwise be
entitled for the development of its central library shall be reduced by
twenty-five per centum. Upon receipt of annual central library activity
reports satisfactory to the commissioner, the commissioner shall deter-
mine the amount of any underpayment or overpayments related to mainte-
nance of effort and shall apply such adjustment to the next annual
payment due such library system. In the first year in which any library
system changes its reporting from the calendar year to a fiscal year
other than the calendar year, it shall file any additional reporting
schedules deemed necessary by the commissioner for the purpose of deter-
mining maintenance of effort as required herein, in order that no period
of time shall be exempt from such requirement.]
(3) The commissioner may waive the requirements of [subparagraphs one
and] SUBPARAGRAPH two of this paragraph, if the commissioner determines
that the application of such [subparagraphs] SUBPARAGRAPH would result
in excessive hardship for the public library system or central library
brought about by an extraordinary change in a local sponsor's economic
condition, loss by a local sponsor of state aid to local governments
provided under section fifty-four of the state finance law, or by a
natural disaster. Such waiver may be granted only one time to each
public library system or central library within five calendar years. The
commissioner may grant such waiver for a period of up to two consecutive
calendar years. The commissioner shall report any waivers granted under
this subparagraph to the speaker of the assembly, the temporary presi-
dent of the senate, the chairs of the legislative fiscal committees and
the director of the division of the budget.
S 2. Subdivision 1 of section 272 of the education law is amended by
adding a new paragraph m to read as follows:
M. THE COMMISSIONER MAY WAIVE THE REQUIREMENTS OF PARAGRAPHS B AND H
OF SUBDIVISION ONE, PARAGRAPHS B AND C OF SUBDIVISION FOUR AND SUBDIVI-
SION SIX OF SECTION TWO HUNDRED SEVENTY-THREE AND PARAGRAPH G OF SUBDI-
VISION ONE OF SECTION TWO HUNDRED EIGHT-FOUR OF THIS PART IF, IN ANY
STATE FISCAL YEAR BEGINNING WITH THE STATE FISCAL YEAR COMMENCING APRIL
FIRST, TWO THOUSAND TWELVE, THE FORMULA FUNDS APPROPRIATED BY THE STATE
FOR THE PURPOSES OF SUCH SECTIONS ARE LESS THAN EIGHTY PERCENT OF THE
STATUTORY AMOUNTS. APPROVAL OF SUCH A WAIVER SHALL BE BASED ON CRITERIA
TO BE DEVELOPED BY THE COMMISSIONER. THE COMMISSIONER WILL GRANT SUCH
WAIVERS ON AN ANNUAL BASIS. THE COMMISSIONER SHALL REPORT ANY WAIVERS
GRANTED UNDER THIS PARAGRAPH TO THE SPEAKER OF THE ASSEMBLY, THE TEMPO-
RARY PRESIDENT OF THE SENATE, THE CHAIRS OF THE LEGISLATIVE FISCAL
COMMITTEES AND THE DIRECTOR OF THE BUDGET.
S 3. Paragraphs b, c and d, subparagraph 1 of paragraph f, and para-
graph h of subdivision 1 of section 273 of the education law, as amended
by section 3 of part O of chapter 57 of the laws of 2005, are amended
and a new paragraph o is added to read as follows:
b. In a library system which submits a plan for [further] COOPERATIVE
development of [its central library] LIBRARY RESOURCES AND COLLECTIONS,
which plan shall be approved by the commissioner [in relation to stand-
S. 6492 3
ards for such central libraries], the amount of [central library] COOP-
ERATIVE RESOURCE AND COLLECTION development aid shall be:
(1) thirty-two cents per capita of the population within the chartered
area of service of such library system with a minimum amount of one
hundred five thousand dollars, and
(2) an additional seventy-one thousand five hundred dollars to the
library system for the purchase of books and materials including
nonprint materials AND ELECTRONIC RESOURCES, as defined in regulations
of the commissioner[, for its central library]. Ownership of library
materials and equipment purchased with such [central library] COOPER-
ATIVE RESOURCE AND COLLECTION DEVELOPMENT aid provided by this paragraph
shall be vested in the public library system.
c. The sum of [ninety-four] ONE DOLLAR AND SIXTY-TWO cents per capita
of population of the area served.
d. [(1) An amount equal to the amount by which expenditures by the
library system for books, periodicals, binding and nonprint materials
during the preceding fiscal year exceeds forty cents per capita of popu-
lation of the area served but the total apportionment pursuant to this
subparagraph shall not exceed sixty-eight cents per capita of population
served. In the first year in which any library system changes its
reporting from the calendar year to a fiscal year other than the calen-
dar year, it shall file any additional reporting schedules deemed neces-
sary by the commissioner for the purpose of determining state aid for
the calendar year.
(2)] Each public library system with an automation program to support
bibliographic control and interlibrary sharing of information resources
of member libraries, and to coordinate and integrate the automated
system or systems of such member libraries consistent with regulations
of the commissioner, shall be eligible to receive an amount equal to
seven percent of the amount earned in [subparagraph one] PARAGRAPH C of
this [paragraph] SUBDIVISION, or seventy-six thousand five hundred
dollars, whichever is more.
(1) Local library services aid. Except in cities with a population in
excess of one million inhabitants, each chartered and registered public
and free association library meeting standards of service promulgated by
the commissioner, and each public or free association library serving a
city with a population of one hundred thousand or more which merged with
the public library system on or before January first, nineteen hundred
seventy-six and which meets standards of service promulgated by the
commissioner, shall be eligible to receive annually thirty-one cents per
capita of the population of the library's chartered service area as on
file with the commissioner on January first of the calendar year for
which aid is payable, or, thirty-one cents per capita of the population
of the city with a population of one hundred thousand or more whose
public or free association library merged with the public library system
on or before January first, nineteen hundred seventy-six, with a minimum
amount of one thousand five hundred dollars, except that no library
shall receive less than the amount of local library services aid
received in two thousand [one] ELEVEN. Regulations of the commissioner
shall provide a method for establishing changes in chartered service
areas or determining populations thereof. Local library services aid
shall be paid to the system for distribution within thirty days of
receipt to its member libraries in accordance with this subdivision.
Notwithstanding any contrary provisions of this subparagraph, the
commissioner shall establish procedures under which a public or free
association library may apply for a waiver of the requirements of the
S. 6492 4
standards of service[; provided, however, that any such waivers may only
be granted in the same year in which the commissioner has apportioned a
reduction adjustment].
h. [(1)] Coordinated outreach AND YOUTH services. Each public library
system which provides coordinated outreach AND YOUTH services, as
defined by regulations to be promulgated by the commissioner, to persons
who are educationally disadvantaged or who are members of ethnic or
minority groups in need of special library services, or who are unem-
ployed and in need of job placement assistance, or who live in areas
underserved by a library, or who are blind, physically disabled, have
developmental or learning disabilities, or who are aged or confined in
institutions, shall be entitled to receive annually [forty-three]
SIXTY-FIVE thousand dollars and thirteen cents per capita of the total
population of the area served.
[(2) Adult literacy grants. The commissioner shall award annual grants
for approved expenses for library-based programs conducted by public
library systems and public and free association libraries which are
members of a public library system to assist adults to increase their
literacy skills. The commissioner shall award such grants having deter-
mined that such programs are being operated in direct coordination with
local public schools, colleges and other organizations which are operat-
ing similar adult literacy programs. Annual state aid of two hundred
thousand dollars shall be awarded for grants in accordance with regu-
lations promulgated by the commissioner. Ninety percent of the amount of
any such adult literacy grant shall be payable to the library or system
upon approval by the department. The final ten percent shall be payable
upon completion of the project.
(3) Family literacy grants. The commissioner shall award annual grants
for approved expenses for library-based family literacy programs for
pre-school and school age children and their parents conducted by public
library systems and public libraries and free association libraries
which are members of a public library system. Annual state aid of three
hundred thousand dollars for grants shall be awarded in accordance with
regulations promulgated by the commissioner. Ninety percent of the
amount of any such family literacy grant shall be payable to the library
or system upon approval by the department. The final ten percent shall
be payable upon completion of the project.]
O. ANY NEW PUBLIC LIBRARY SYSTEM ESTABLISHED THROUGH MERGER ON OR
AFTER APRIL FIRST, TWO THOUSAND TWELVE, SHALL RECEIVE NO LESS STATE
FORMULA AID THAN THE COMPONENT PUBLIC LIBRARY SYSTEMS WERE ENTITLED TO
RECEIVE UNDER SECTIONS TWO HUNDRED SEVENTY-TWO, TWO HUNDRED
SEVENTY-THREE AND TWO HUNDRED EIGHTY-FIVE OF THIS PART IN THE FISCAL
YEAR IMMEDIATELY PRECEEDING THE YEAR IN WHICH SUCH MERGER IS APPROVED BY
THE COMMISSIONER.
S 4. Subdivision 4 of section 273 of the education law is amended by
adding a new paragraph d to read as follows:
D. ANY NEW REFERENCE AND RESEARCH LIBRARY RESOURCES SYSTEM ESTABLISHED
THROUGH MERGER ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE, SHALL
RECEIVE NO LESS STATE FORMULA AID THAN THE COMPONENT REFERENCE AND
RESEARCH LIBRARY RESOURCES SYSTEMS WERE ENTITLED TO RECEIVE UNDER
SECTIONS TWO HUNDRED SEVENTY-TWO AND TWO HUNDRED SEVENTY-THREE OF THIS
PART IN THE FISCAL YEAR IMMEDIATELY PRECEDING THE YEAR IN WHICH SUCH
MERGER IS APPROVED BY THE COMMISSIONER.
S 5. Subdivisions 7, 8 and 11 of section 273 of the education law, as
amended by section 3 of part O of chapter 57 of the laws of 2005, subdi-
S. 6492 5
vision 11 as added by section 3 of part A-5 of chapter 58 of the laws of
2006, are amended to read as follows:
7. Conservation and preservation of library research materials. a. The
commissioner shall award, BY JULY FIRST in any state fiscal year, an
annual FORMULA grant of one hundred [twenty-six] FIFTY-EIGHT thousand
dollars for a program of conservation and/or preservation of library
research materials to each of the following comprehensive research
libraries: Columbia university libraries, Cornell university libraries,
New York state library, New York university libraries, university of
Rochester libraries, Syracuse university libraries, the research
libraries of the New York public library, state university of New York
at Albany library, state university of New York at Binghamton library,
state university of New York at Buffalo library, and state university of
New York at Stony Brook library.
b. To be eligible for such FORMULA grants, each such comprehensive
research library must submit both a five-year plan and an annual program
budget. The plan must satisfy criteria to be established by the commis-
sioner in regulations relating to the identification of library research
materials, the need for their preservation, and the means of their
conservation. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE ANNUAL
APPROPRIATION UNDER THE PROVISIONS OF PARAGRAPH A OF THIS SUBDIVISION
FOR THE NEW YORK STATE LIBRARY IN THE STATE OPERATIONS BUDGET SHALL BE
EQUAL TO AND NO LESS THAN THE APPROPRIATION AMOUNT PROVIDED FOR EACH OF
THE OTHER COMPREHENSIVE RESEARCH LIBRARIES IN THE STATE LOCAL ASSISTANCE
BUDGET.
c. [Additional grants, the sum of which shall not exceed three hundred
fifty thousand dollars in any state fiscal year, may be made to any or
all of the eleven comprehensive research libraries for preservation
and/or conservation of library research materials on the basis of
project proposals. Approval of such proposals, and determination of
funding level, shall be based upon their contribution to development of
cooperative programs and/or facilities for conservation and/or preserva-
tion works in the state, including but not limited to such factors as:
institutional commitment to development of a collective capacity and
coordinated approach to conservation and preservation of research mate-
rials important to the people of the state; research value of materials
to be preserved and/or conserved; appropriateness of conservation and
preservation techniques in accordance with statewide planning and
national standards; institutional capacity for successful completion of
the project, including facilities, experience, and technical expertise;
availability of staff with appropriate training and expertise; contrib-
ution of the institution to the project in matching funds and staff
resources; and volume of interlibrary lending and access to holdings by
the public. Ninety percent of each such grant shall be payable upon
approval by the department and the remaining ten percent shall be paya-
ble upon project completion.
d.] Other agencies and libraries, as defined in regulations promulgat-
ed by the commissioner, which are not eligible for funding under para-
graph a of this subdivision, may receive separate grants the sum of
which shall not exceed five hundred thousand dollars in any state fiscal
year to support the preservation and/or conservation of unique library
research materials. Such agencies and libraries shall submit proposals
which shall be evaluated and determinations of approval and funding
shall be made [on the same basis set forth in paragraph c of this subdi-
vision]. Ninety percent of each such grant shall be payable upon
S. 6492 6
approval by the department and the remaining ten percent shall be paya-
ble upon project completion.
[e.] D. Funds made available under the provisions of this section may
be used by comprehensive research libraries and other agencies eligible
for funding to obtain matching funds from the national endowment for the
humanities preservation program.
[f.] E. The commissioner shall establish an office for coordination of
conservation and/or preservation of library research materials to iden-
tify the conservation and/or preservation needs of libraries within the
state, to assess the technology available for such conservation and
preservation, and to coordinate the conservation and preservation
efforts resulting from this legislation.
8. New York state talking book and braille library. The New York state
talking book and braille library shall be entitled to receive annually
an amount equal to the product of the aid ceiling multiplied by the
number of registered borrowers of such materials of such library as of
the November report for the November immediately preceding the state
fiscal year for which the payment will be made. Such amount shall be
used to improve the quality of services provided to such borrowers. For
aid payable in each state fiscal year, the aid ceiling per registered
borrower shall be nineteen dollars. NOTWITHSTANDING ANY OTHER PROVISION
OF LAW, IN THE EVENT THAT THE STATUTORY FORMULA FUNDS APPROPRIATED FOR
THE NEW YORK STATE TALKING BOOK AND BRAILLE LIBRARY UNDER THIS SUBDIVI-
SION IN THE STATE OPERATIONS BUDGET ARE SUBJECT TO A REDUCTION ADJUST-
MENT, SUCH REDUCTION ADJUSTMENT SHALL NOT EXCEED ANY REDUCTION ADJUST-
MENT APPLIED TO LIBRARY LOCAL ASSISTANCE PROGRAMS UNDER THIS SECTION.
Notwithstanding any other provision of law, the New York state talking
book and braille library shall be the successor in interest to the New
York state library for the blind and visually handicapped for all
purposes, or the library for the blind and physically handicapped, and
the change in name shall not affect the rights or interests of any
party. Except where the context indicates a contrary intent, any refer-
ence in any other general or special law to the New York state library
for the blind and visually handicapped or the library for the blind and
physically handicapped shall be deemed a reference to the New York state
talking book and braille library.
11. Notwithstanding any other provision of law to the contrary, each
year commencing with the two thousand [six] TWELVE calendar year, no
library or library system shall receive less aid pursuant to this
section or section two hundred seventy-one or two hundred seventy-two of
this part than it would have been eligible to receive for the two thou-
sand [one] ELEVEN calendar year solely by reason of a decrease in the
population of the area served as a result of the latest approved federal
census.
S 6. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2012; provided,
that the amendments to paragraph h of subdivision 1 of section 273 of
the education law made by section three of this act shall take effect
April 1, 2013; and provided further, that the amendments to paragraphs
a, c, d, e and f of subdivision 7 of section 273 of the education law
made by section five of this act shall take effect April 1, 2014.
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