This bill has been amended

Bill S2856-2013

Relates to state aid to libraries and library systems

Relates to state aid to the conservation and preservation of library materials program; prohibits decreasing state aid for such program beginning in fiscal year 2014.

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  • Jan 24, 2013: REFERRED TO EDUCATION

Memo

BILL NUMBER:S2856

TITLE OF BILL: An act to amend the education law, in relation to state aid to libraries and library systems

PURPOSE: This bill would consolidate, streamline and update certain library aid programs in order to make them more cost-efficient and effective.

SUMMARY OF PROVISIONS:

Section 273(1)(b) of the Education Law is amended to clarify and ensure that central library development aid may be used to purchase "electronic resources" in addition to books and nonprint materials.

Section 273(1)(c) of the Education Law is amended to increase the per capita aid level for public library systems from 94 cents to $1.62. This change is cost-neutral as it is offset by the elimination of the cumbersome reimbursement program of 68 cents per capita for expenditures on books, periodicals, binding and nonprint materials. In addition, the automation program aid formula -- which is currently tied to the book reimbursement program -- is adjusted in 273(1)(d) to ensure that the overall funding amount for automation program aid remains the same.

Section 273(1)(f)(1) of the Education Law is amended to update the existing "hold harmless" provision regarding state aid and population changes. This amendment provides that no library shall receive less in per capita Local Library Services Aid than it received in 2011. This section is also amended to remove the limitation that the Commissioner of Education may only grant waivers or variances from minimum standards in the same year that there has been a reduction of local library services aid.

Section 273(1)(h) of the Education Law is amended to expand the Coordinated Outreach Services program to be the Coordinated Outreach and Youth Services program. It increases the base grant each public library system receives for this program from $43,000 to $65,000. This change is costneutral as the funds for this increase come from the elimination of two programs: the $200,000 competitive adult literacy grant program and the $300,000 competitive family literacy grant program.

Section 273(7) of the Education Law is amended in order to streamline the Conservation and Preservation of Library Research Materials program. It increases the annual formula grant for the "Big Eleven" Research Libraries from $126,000 to $158,000. This change is cost-neutral as it is offset by the elimination of the competitive $350,000 coordinated conservation/preservation grant program for the Big Eleven Research Libraries.

Section 273(11) of the Education Law is amended to update the existing "hold harmless" provision regarding state aid and population changes. The amendment provides that, beginning in calendar year 2013, no library

or library system will receive less aid than it would have been eligible to receive in 2011 solely by reason of a decrease in the population of the area served in accordance with the latest federal census.

JUSTIFICATION: This bill will consolidate, streamline and modernize a number of existing library aid provisions in state law in order to help New York's network of state-supported library systems and libraries better meet the needs of 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. The changes accomplished by this 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 to Section 273 of the Education Law will streamline and update several outdated aid formulas. The proposed legislation will eliminate three different statewide competitive grant programs and shift these State funds into 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's administrative requirements for competitive grant programs have become increasingly stringent, with multiple and costly layers of review and approvals. These costly 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 redirected into similar statutory formula programs in order to continue to address what are still areas of critical need. 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.

The effective dates of the elimination of the adult and family literacy grant programs, and the Coordinated Conservation/Preservation Grant Program, are delayed, since these programs are currently operating on a multi-year cycle. The bill would also update the "hold harmless" provisions which had been previously enacted to protect libraries and library systems from the loss of State funding due to Census changes. Some state aid programs fund libraries on a per capita basis, and a relatively small percentage of libraries would be unduly affected by a loss of state aid resulting from population losses.

LEGISLATIVE HISTORY: S.7237 of 2012. Passed Senate 60-0.

FISCAL IMPLICATIONS: The bill is estimated to result in administrative savings to the State Library of some $50,000 by eliminating a few competitive grant programs which are costly to administer, especially in relation to the small amount of moneys provided under these programs. The changes to the library aid programs themselves are fiscally neutral, as increases in certain programs are offset by the elimination of other programs.

EFFECTIVE DATE: This act shall take effect immediately and shall be deemed to have been in full force and effect as of April 1, 2013, except that the changes to the adult and family literacy grant programs shall take effect April 1, 2014, and the changes to the competitive Coordinated Conservation/Preservation Grant Program shall take effect April 1, 2015.


Text

STATE OF NEW YORK ________________________________________________________________________ 2856 2013-2014 Regular Sessions IN SENATE January 24, 2013 ___________
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. Paragraphs b, c and d, subparagraph 1 of paragraph f, and paragraph 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 to read as follows: b. In a library system which submits a plan for further development of its central library, which plan shall be approved by the commissioner in relation to standards for such central libraries, the amount of central library 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 mate- rials and equipment purchased with such central library 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] THREE percent of the amount earned in [subparagraph one] PARA- GRAPH 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 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.]
S 2. Subdivisions 7 and 11 of section 273 of the education law, subdi- vision 7 as amended by section 3 of part O of chapter 57 of the laws of 2005, subdivision 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. 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 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. 11. Notwithstanding any other provision of law to the contrary, each year commencing with the two thousand [six] THIRTEEN 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 3. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2013; provided, that the amendments to paragraph h of subdivision 1 of section 273 of the education law made by section one of this act shall take effect April 1, 2014; 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 two of this act shall take effect April 1, 2015.

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