(1) The time allowed for construction project completion was increased from three years to four years in 2021 (Chapter 563 of the Laws of 2021; “Chapter 563”), and then to six years in 2022 (Chapter 333 of the Laws of 2022).

(2) Chapter 627 of the Laws of 2021 set limits on the amount of money that a library system may commit to building projects. Specifically, no more than fifty percent of the total funds appropriated to a library system may be used to support total costs for projects receiving state aid in excess of seventy-five percent, up to ninety percent, of the total approved costs. This built upon earlier legislation (Chapter 381 of the Laws of 2019), which authorized State funding of up to ninety percent of total project costs for public and association library buildings that are located in economically distressed communities.

(3) Chapter 389 of the Laws of 2019 authorized public library systems to submit coordinated project applications for a project involving more than one library building.

The Department now proposes amendments to section 90.12 of the Commissioner’s regulations to implement these legislative amendments. The Department also proposes technical amendments to align the language of section 90.12, last updated in 2017, with Education Law § 273-a.

Chapter 563 also amended Education Law § 273 to simplify and modernize State aid formulas for various library aid programs. At its September 2022 meeting, the Board of Regents adopted amendments to the Commissioner’s regulations to implement a portion of Chapter 563. After obtaining input from key stakeholders, the Department now proposes amendments to section 90.4 of the Commissioner’s regulations relating to standards for central libraries, to fully implement Chapter 563.

Chapter 563 combined the former Central Library Services Aid (CLDA) and Central Book Aid (CBA) programs administered by the public library systems into a new, more flexible Central Library Services Aid Program. As a result, the outdated wording of section 90.4 of the Commissioner’s regulations (i.e., “Standards for Central Libraries”) will be repealed and replaced with new language that aligns with Education Law § 273(1)(b), as amended by Chapter 563.

Since the Board of Regents meets at fixed intervals, the earliest the proposed amendment could be adopted by regular (nonemergency) action after expiration of the 60-day public comment period provided for in the State Administrative Procedure Act (SAPA) sections 201(1) and (5) would be the March 2023 Regents meeting. Furthermore, pursuant to SAPA 203(1), the earliest effective date of the proposed rule, if adopted at the March meeting, would be March 29, 2023, the date the Notice of Adoption would be published in the State Register.

Therefore, emergency action is necessary at the November 2022 meeting, effective November 15, 2022, for the preservation of the general welfare in order to immediately align the Commissioner’s regulations with 389 of the Laws of 2019, Chapter 563 of the Laws of 2021, and Chapter 333 of the Laws of 2022.

It is anticipated that the proposed rule will be presented to the Board of Regents for adoption as a permanent rule at the March 2023 meeting, which is the first scheduled meeting after expiration of the 60-day public comment period mandated by SAPA for state agency rule making. However, since the emergency action will expire before the March 2023 Regents meeting, it is anticipated that an additional emergency action will be presented for adoption at the January 2023 Regents meeting.

(1) The time allowed for construction project completion was increased from three years to four years in 2021 (Chapter 563 of the Laws of 2021; “Chapter 563”), and then to six years in 2022 (Chapter 333 of the Laws of 2022).

(2) Chapter 627 of the Laws of 2021 set limits on the amount of money that a library system may commit to building projects. Specifically, no more than fifty percent of the total funds appropriated to a library system may be used to support total costs for projects receiving state aid in excess of seventy-five percent, up to ninety percent, of the total approved costs. This built upon earlier legislation (Chapter 381 of the Laws of 2019), which authorized State funding of up to ninety percent of total project costs for public and association library buildings that are located in economically distressed communities.

(3) Chapter 389 of the Laws of 2019 authorized public library systems to submit coordinated project applications for a project involving more than one library building.

The Department now proposes amendments to section 90.12 of the Commissioner’s regulations to implement these legislative amendments. The Department also proposes technical amendments to align the language of section 90.12, last updated in 2017, with Education Law § 273-a. Specifically, the proposed amendment:

• Defines the terms “library service area”, “economically disadvantaged”, “economically distressed”, and “coordinated application”;

• Amends the definition of library construction to clarify that it includes renovation or rehabilitation of a building to be leased for library purposes for a minimum of 10 years, after the expected completion of the project;

• Amends application procedures to:

o specify that the library system board must give particular attention to the service needs of any communities that are geographically isolated as well as economically distressed;

o explain how a library system board may demonstrate “economically disadvantaged” status;

o clarify that the library system board must determine the amount of State aid that will be allocated for each single building project application;

o state that library systems may allocate up to 50 percent of their library systems’ total State aid for single building projects serving economically distressed communities; and

o indicate that coordinated applications must be submitted in accordance with Education Law § 273-a(3);

• Specifies that the library share of the cost of the project must be available or have been otherwise committed to the project;

• Clarifies that the degree to which each project will result in the provision of library services in communities that are “economically distressed” shall be considered in the approval process;

• Indicates that, with respect to costs:

o project management project costs, salaries, benefits, or other in-house personnel costs are not eligible for approval;

o purchase and installation or construction of permanent components of a library building and construction of an outbuilding are added to approved costs; and

o certain costs are not eligible for State aid funds, but may be included in a project application and paid from the library’s share of the total project cost.

Commissioner’s Regulation § 90.4

Chapter 563 also amended Education Law § 273 to simplify and modernize State aid formulas for various library aid programs. At its September 2022 meeting, the Board of Regents adopted amendments to the Commissioner’s regulations to implement a portion of Chapter 563. After obtaining input from key stakeholders, the Department now proposes amendments to section 90.4 of the Commissioner’s regulations relating to standards for central libraries, to fully implement Chapter 563.

Chapter 563 combined the former Central Library Services Aid (CLDA) and Central Book Aid (CBA) programs administered by the public library systems into a new, more flexible Central Library Services Aid Program. As a result, the outdated wording of section 90.4 of the Commissioner’s regulations (i.e., “Standards for Central Libraries”) will be repealed and replaced with new language that aligns with Education Law § 273(1)(b), as amended by Chapter 563. The proposed amendment:

• Defines terms used in such section;

• Requires each public library system to submit proposals to show how the system will manage a central library services program as part of their plan of service;

• Sets forth central library service program purposes;

• Prescribes eligibility criteria for State aid for central library services, and for designation as the central or co-central library; and

• Provides that the Commissioner shall determine the format and timetable for the submission and application of reports and may request any reports deemed necessary to carry out the purposes of the program.

1. STATUTORY AUTHORITY:

Education Law § 207 grants general rule-making authority to the Regents to carry into effect State educational laws and policies.

Education Law § 215 of the Education Law authorizes the Commissioner of Education to visit, examine, and inspect schools or institutions under the education supervision of the State and require reports from such schools or institutions.

Education Law § 253 defines the terms “public” library and “Indian library”.

Education Law § 254 of the Education Law authorizes the Regents to fix standards of library service for public libraries.

Education Law § 255 provides for the establishment of public libraries and cooperative library systems.

Education Law § 272 defines "public library systems" and sets forth the conditions under which they are entitled to State aid. Section 272(1)(h) authorizes the Commissioner to adopt regulations to provide the standard of service with which public library systems must comply.

Education Law § 273 provides for state aid to libraries and library systems providing service under an approved plan.

Education Law § 273-a provides for state aid for library construction.

Education Law § 282 authorizes the commissioner to approve the establishment of school library systems.

Education Law § 283 prescribes the functions of school library systems.

Education Law § 284 provides for state aid to school libraries providing service under an approved plan.

Education Law § 285 provides for state aid to each public library system operating under an approved plan of service which has a state correctional facility or facilities within its area of service.

Chapter 389 of the Laws of 2019 amended Education Law § 273-a to authorize public library systems to submit coordinated project applications for a project involving more than one library building.

Chapter 563 of the Laws of 2021 amends Education Law §§ 273-a and 273 in relation to state aid eligibility for library construction and to streamline and modernize certain library aid formulas and program requirements.

Chapter 627 of the Laws of 2021 amends Education § 273-a(4) to increase the percentage (from 10 percent to 50 percent) of total funds appropriated to a library system that may be used to support total costs for projects receiving state aid in excess of seventy-five percent, up to ninety percent, of the total approved costs.

Chapter 333 of the Laws of 2022 amended Education Law § 273-a(1) to increase the time allowed for construction project completion for state aid for library construction to six years.

2. LEGISLATIVE OBJECTIVES:

The proposed amendment is consistent with the above statutory authority and is necessary to align the Commissioner’s regulations with recent changes to sections 273, 273-a of the Education Law made by Chapters 389 of the Laws of 2019, 563 and 627 of the Laws of 2021, and 333 of the Laws of 2022 and to make technical languages to align the Commissioner’s regulations with Education Law § 273-a.

3. NEEDS AND BENEFITS:

Education Law § 273-a (State aid for library construction) was recently amended by the Legislature in three significant respects:

(1) The time allowed for construction project completion was increased from three years to four years in 2021 (Chapter 563 of the Laws of 2021; “Chapter 563”), and then to six years in 2022 (Chapter 333 of the Laws of 2022).

(2) Chapter 627 of the Laws of 2021 set limits on the amount of money that a library system may commit to building projects. Specifically, no more than fifty percent of the total funds appropriated to a library system may be used to support total costs for projects receiving state aid in excess of seventy-five percent, up to ninety percent, of the total approved costs. This built upon earlier legislation (Chapter 381 of the Laws of 2019), which authorized State funding of up to ninety percent of total project costs for public and association library buildings that are located in economically distressed communities.

(3) Chapter 389 of the Laws of 2019 authorized public library systems to submit coordinated project applications for a project involving more than one library building.

The Department now proposes amendments to section 90.12 of the Commissioner’s regulations to implement these legislative amendments. The Department also proposes technical amendments to align the language of section 90.12, last updated in 2017, with Education Law § 273-a. Specifically, the proposed amendment:

• Defines the terms “library service area”, “economically disadvantaged”, “economically distressed”, and “coordinated application”;

• Amends the definition of library construction to clarify that it includes renovation or rehabilitation of a building to be leased for library purposes for a minimum of 10 years, after the expected completion of the project

• Amends application procedures to:

o specify that the library system board must give particular attention to the service needs of any communities that are geographically isolated as well as economically distressed;

o explain how a library system board may demonstrate “economically disadvantaged” status;

o clarify that the library system board must determine the amount of State aid that will be allocated for each single building project application;

o state that library systems may allocate up to 50 percent of their library systems’ total State aid for single building projects serving economically distressed communities; and

o indicate that coordinated applications must be submitted in accordance with Education Law § 273-a(3);

• Specifies that the library share of the cost of the project must be available or have been otherwise committed to the project at the time of application;

• Clarifies that the degree to which each project will result in the provision of library services in communities that are “economically distressed” shall be considered in the approval process;

• Indicates that, with respect to costs:

o project management project costs, salaries, benefits, or other in-house personnel costs are not eligible for approval;

o purchase and installation or construction of permanent components of a library building and construction of an outbuilding are added to approved costs; and

o certain costs are not eligible for State aid funds, but may be included in a project application and paid from the library’s share of the total project cost.

Chapter 563 also amended Education Law § 273 to simplify and modernize State aid formulas for various library aid programs. At its September 2022 meeting, the Board of Regents adopted amendments to the Commissioner’s regulations to implement a portion of Chapter 563. After obtaining input from key stakeholders, the Department now proposes amendments to section 90.4 of the Commissioner’s regulations relating to standards for central libraries, to fully implement Chapter 563.

Chapter 563 combined the former Central Library Services Aid (CLDA) and Central Book Aid (CBA) programs administered by the public library systems into a new, more flexible Central Library Services Aid Program. As a result, the outdated wording of section 90.4 of the Commissioner’s regulations (i.e., “Standards for Central Libraries”) will be repealed and replaced with new language that aligns with Education Law § 273(1)(b), as amended by Chapter 563. The proposed amendment:

• Defines terms used in such section;

• Requires each public library system to submit proposals to show how the system will manage a central library services program as part of their plan of service;

• Sets forth central library service program purposes;

• Prescribes eligibility criteria for State aid for central library services, and for designation as the central or co-central library; and

• Provides that that Commissioner shall determine the format and timetable for the submission and application of reports and may request any reports deemed necessary to carry out the purposes of the program.

4. COSTS:

a. Costs to State government: The amendment does not impose any costs on State government, including the State Education Department.

b. Costs to local government: The amendment does not impose any costs on local government.

c. Costs to private regulated parties: The amendment does not impose any costs on private regulated parties.

d. Costs to regulating agency for implementation and continued administration: See above.

5. LOCAL GOVERNMENT MANDATES:

The proposed amendment applies to public library systems and does not directly impose any compliance requirements on local governments.

6. PAPERWORK:

Regarding the central library service program, and consistent with statute, the proposed amendment provides, that:

• in order to be eligible for State aid for central library services pursuant to Education Law § 273(1)(b) a public library system must, among other things, submit an approvable prior year library system annual report and current year budget and submit an approvable annual application for such formula aid, show evidence of member library input;

• in order to be eligible for designation as the central or co-central library, the library must, among other things, submit an approvable prior year library annual report and provide a statement by the board of trustees of the central library or each of the co-central libraries to the public library system as outlined in the proposed rule; and

• the commissioner shall determine the format and timetable for the submission of applications and reports and the commissioner may request any other reports that the commissioner deems necessary to carry out the purposes of this program.

7. DUPLICATION:

The proposed amendment does not duplicate existing State or Federal requirements.

8. ALTERNATIVES:

The proposed amendment is necessary to align the Commissioner’s regulations with recent changes to sections 273, 273-a of the Education Law made by Chapters 389 of the Laws of 2019, 563 and 627 of the Laws of 2021, and 333 of the Laws of 2022 and to make technical languages to align the Commissioner’s regulations with Education Law § 273-a. There were no significant alternatives, and none were considered.

9. FEDERAL STANDARDS:

There are no applicable Federal standards.

10. COMPLIANCE SCHEDULE:

The proposed amendment will take effect as an emergency rule November 15, 2022. Following the 60-day public comment period required under the State Administrative Procedure Act, it is anticipated that the proposed amendment will be presented to the Board of Regents for adoption at its March 2023 meeting. Because the emergency action will expire before the March 2023 Regents meeting, it is anticipated that an additional emergency action will be presented for adoption at the January 2023 meeting. If adopted at the March 2023 meeting, the proposed amendment will become effective on March 29, 2023. It is anticipated that regulated parties will be able to comply with the proposed rule on its effective date.

(a) Small Businesses:

The purpose of the proposed amendment is to align the Commissioner’s regulations with recent changes to sections 273, 273-a of the Education Law made by Chapters 389 of the Laws of 2019, 563 and 627 of the Laws of 2021, and 333 of the Laws of 2022. The amendment does not impose any reporting, recordkeeping, or compliance requirements on small businesses and will not have an adverse economic impact on small businesses. Because it is evident from the nature of the proposed amendment that it does not affect small businesses, no further steps were needed to ascertain that fact and none were taken. Accordingly, a regulatory flexibility analysis for small businesses is not required and one was not prepared.

(b) Local Governments:

1. EFFECT OF RULE:

The proposed amendment will affect all counties, cities, villages, towns, school districts or other body authorized to levy and collect taxes, which have established public library systems and school library systems.

2. COMPLIANCE REQUIREMENTS:

The amendment does not directly impose any compliance requirements on local governments. The proposed amendment is needed to align the Commissioner’s regulations with recent changes to sections 273, 273-a of the Education Law made by

Chapters 389 of the Laws of 2019, 563 and 627 of the Laws of 2021, and 333 of the Laws of 2022.

Specifically, the proposed rule amends section 90.12 of the Commissioner’s regulations to align with the above referenced chapters. The proposed amendment to section 90.12:

• Defines the terms “library service area”, “economically disadvantaged”, “economically distressed”, and “coordinated application”;

• Amends the definition of library construction to clarify that it includes renovation or rehabilitation of a building to be leased for library purposes for a minimum of 10 years, after the expected completion of the project

• Amends application procedures to:

o specify that the library system board must give particular attention to the service needs of any communities that are geographically isolated as well as economically distressed;

o explain how a library system board may demonstrate “economically disadvantaged” status;

o clarify that the library system board must determine the amount of State aid that will be allocated for each single building project application;

o state that library systems may allocate up to 50 percent of their library systems’ total State aid for single building projects serving economically distressed communities; and

o indicate that coordinated applications must be submitted in accordance with Education Law § 273-a(3);

• Specifies that the library share of the cost of the project must be available or have been otherwise committed to the project at the time of application;

• Clarifies that the degree to which each project will result in the provision of library services in communities that are “economically distressed” shall be considered in the approval process;

• Indicates that, with respect to costs:

o project management project costs, salaries, benefits, or other in-house personnel costs are not eligible for approval;

o purchase and installation or construction of permanent components of a library building and construction of an outbuilding are added to approved costs; and

o certain costs are not eligible for State aid funds, but may be included in a project application and paid from the library’s share of the total project cost.

Additionally, section 90.4 of the Commissioner’s regulations relating to standards for central libraries, is amended to align with Chapter 563 which combined the former Central Library Services Aid (CLDA) and Central Book Aid (CBA) programs administered by the public library systems into a new, more flexible Central Library Services Aid Program. As a result, the outdated wording of section 90.4 of the Commissioner’s regulations (i.e., “Standards for Central Libraries”) will be repealed and replaced with new language that aligns with Education Law § 273(1)(b), as amended by Chapter 563. The proposed amendment:

• Defines terms used in such section;

• Requires each public library system to submit proposals to show how the system will manage a central library services program as part of their plan of service;

• Sets forth central library service program purposes;

• Prescribes eligibility criteria for State aid for central library services, and for designation as the central or co-central library; and

• Provides that that Commissioner shall determine the format and timetable for the submission and application of reports and may request any reports deemed necessary to carry out the purposes of the program.

3. PROFESSIONAL SERVICES:

The proposed amendment applies to public library systems and imposes no additional professional service requirements on local governments.

4. COMPLIANCE COSTS:

The proposed amendment does not impose any costs on local governments. The proposed amendment merely aligns the Commissioner’s regulations with recent changes to sections 273 and 273-a of the Education Law made by Chapters 389 of the Laws of 2019, 563 and 627 of the Laws of 2021, and 333 of the Laws of 2022.

5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY:

The proposed amendment does not impose any new technological requirements or costs on local governments.

6. MINIMIZING ADVERSE IMPACT:

The proposed rule is necessary to align the Commissioner’s regulations with recent changes to sections 273 and 273-a of the Education Law made by Chapters 389 of the Laws of 2019, 563 and 627 of the Laws of 2021, and 333 of the Laws of 2022. The proposed amendment applies to public library systems and does not have any adverse economic impact on local governments. Therefore, no alternatives were considered.

7. LOCAL GOVERNMENT PARTICIPATION:

Comments on the proposed rule were solicited from public library system directors in various regions of the State.

1. TYPES AND ESTIMATED NUMBERS OF RURAL AREAS:

The proposed amendment applies to all 23 public library systems in New York State, including those located in the 44 rural counties with fewer than 200,000 inhabitants and the 71 towns and urban counties with a population density of 150 square miles or less.

2. REPORTING, RECORDKEEPING, AND OTHER COMPLIANCE REQUIREMENTS; AND PROFESSIONAL SERVICES:

The purpose of the proposed amendment is to align the Commissioner’s regulations with recent changes to sections 273, 273-a of the Education Law made by Chapters 389 of the Laws of 2019, 563 and 627 of the Laws of 2021, and 333 of the Laws of 2022.

3. COSTS:

The proposed amendment does not impose any costs on public library systems located in rural areas. The proposed amendment merely aligns the Commissioner’s regulations with recent changes to sections 273, 273-a of the Education Law made by Chapters 389 of the Laws of 2019, 563 and 627 of the Laws of 2021, and 333 of the Laws of 2022.

4. MINIMIZING ADVERSE IMPACT:

The proposed amendment does not impose any additional compliance requirements or costs on public library systems located in rural areas. The proposed amendment merely aligns the Commissioner’s regulations with recent changes to sections 273, 273-a of the Education Law made by Chapters 389 of the Laws of 2019, 563 and 627 of the Laws of 2021, and 333 of the Laws of 2022. In order to ensure uniform, State-wide high standards for public library systems the proposed amendment applies State-wide and, accordingly, it was not possible to provide for a lesser standard or exemption for rural areas.

5. RURAL AREA PARTICIPATION:

The proposed amendment has been sent for comment to public library system directors in various regions of the State, including those in rural areas.

The purpose of the proposed amendment is to align the Commissioner’s regulations with recent changes to sections 273, 273-a of the Education Law made by Chapters 389 of the Laws of 2019, 563 and 627 of the Laws of 2021, and 333 of the Laws of 2022. Because it is evident from the nature of the proposed amendment that it will have no impact on the existing number of jobs or employment opportunities in New York State, no further steps were needed to ascertain that fact and none were taken.