§ 90.12 State Aid for Library Construction.

(a) Definitions. As used in this section and in Education Law, section 273-a:

(1) . . .

(2) . . .

(3) . . .

(4) Acquisition means the purchase of a site for library purposes and/or an existing building suitable for conversion to library purposes.

(5) . . .

(6) . . .

(7) Broadband library services means providing a high speed internet connection for library users, including but not limited to internal and external connections, at a minimum speed prescribed by the commissioner using such means as wireless, fiber, cable, white space and similar products.

(b) Application procedures.

(1) . . .

(2) . . .

(3) . . .

(4) . . .

(5) The library system board, upon request by the Commissioner, shall provide the eligibility criteria for applications designated as projects serving economically disadvantaged communities pursuant to Education Law § 273-a(2)(e), for each recommended application.

(c) . . .

(d) . . .

(e) Costs. Pursuant to Education Law, section 273-a:

(1) Costs eligible for approval shall include:

(i) construction or acquisition [or] of a library building;

(ii) . . .

(iii) renovation or rehabilitation of leased property to be used for library purposes;

(iv) acquisition of vacant land to be used for library purposes;

(v) purchase and installation of initial equipment and furnishing as a project component of subparagraphs (i), (ii) or (iii) of this paragraph;

(vi) purchase, installation and replacement of a library building’s broadband services infrastructure, including but not limited to internal and external connections, either as a stand-alone project or as a project component of subparagraphs (i), (ii) or (iii) of this paragraph;

(vii) site preparation and grading as a project component of subparagraphs (i), (ii) [or], (iii) or (iv) of this paragraph;

(viii) replacement of a library building’s mechanicals including but not limited to heating, ventilation, air conditioning, cooling, electrical, and plumbing systems;

(ix) replacement of permanent components of a library building including but not limited to windows, doors, roofs, and lighting systems;

(x) purchase and installation of permanent signage (with or without lighting, internal or external), which is used for library purposes;

(xi) purchase and installation of one or more generators for library purposes;

(xii) purchase and installation of assistive listening devices and systems for the deaf and hearing impaired, which shall include but not be limited to, hearing loops, FM systems and infrared systems; and

(xiii) [supervision] project management of the construction, renovation, rehabilitation or broadband library services infrastructure project;

(xiv) architectural and engineering plans for locally approved new or ongoing projects; and

(xv) such other costs as may be approved by the [commissioner] Commissioner.

(2) Costs ineligible for approval shall include, but shall not be limited to:

(i) speculative architectural and engineering plans and feasibility studies;

(ii) . . .

(iii) . . .

(iv) . . .

(v) ongoing service fees for telecommunications and broadband services;

(vi) landscaping; and

(vii) routine maintenance.

(f) . . .

(g) Reports. The following reports shall be made to the commissioner on the forms and by the dates prescribed by the commissioner:

(1) . . .

(2) [Each] Upon request by the Commissioner, a library system board shall report on the anticipated State aid necessary for eligible projects to be completed in its service area.

(3) Upon request by the [commissioner] Commissioner, [each] a library system board shall submit [an annual] a report detailing the status of each project for which an application was submitted by a member library and not recommended for approval, or was approved but for which no State aid was provided.

(4) Any other reports the Commissioner shall deem necessary to carry out the purpose of this program.

2. Paragraph (7) of subdivision (a) of section 90.18 of the Regulations of the Commissioner of Education shall be amended, to read as follows:

(7) Coordinator of a school library system means a certified school library media specialist with a minimum of three years employment as a school library media specialist and possessing a valid school administrator and supervisor (S.A.S.) certificate [or], a valid school building leader (S.B.L.) certificate or a valid school district leader (S.D.L.) certificate in accordance with Part 80 of this Title, or an equivalent certificate title as determined by the Commissioner.

1. STATUTORY AUTHORITY:

Section 207 of the Education Law grants general rule-making authority to the Board of Regents to carry into effect the laws and policies of the State relating to education.

Section 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.

Education Law section 273-a(1-4) provides for State aid for projects for the installation and infrastructure of broadband services, and for the acquisition of vacant land and the acquisition, construction, renovation or rehabilitation, including leasehold improvements, of buildings of public libraries and public library systems chartered by the Regents of the State of New York or established by act of the Legislature, upon approval by the Commissioner of Education. Subdivision (5) of section 273-a authorizes the Commissioner of Education to adopt rules and regulations as are necessary to carry out the purposes and provisions of this section.

Sections 282, 283, and 284 of the Education Law provide for the establishment and functions of and State aid for school library systems in BOCES, the Big Five city school districts (New York City, Buffalo, Syracuse, Rochester, and Yonkers) and school districts and nonpublic schools enumerated in a school library system plan of service approved by the Commissioner of Education.

2. LEGISLATIVE OBJECTIVES:

The proposed amendment carries out the legislative objectives of the above-referenced statutes by implementing Education Law section 273-a, as amended by Chapter 498 of the Laws of 2011, Chapter 148 of the Laws of 2014 and Chapter 480 of the Laws of 2015 and by updating and clarifying certain terminology relating to the functions of school library systems.

3. NEEDS AND BENEFITS:

The proposed amendments to section 90.12 of the Commissioner’s regulations are necessary to implement Education Law § 273-a, as amended by Chapter 498 of the Laws of 2011, Chapter 148 of the Laws of 2014, and Chapter 480 of the Laws of 2015. These amendments include the following major changes:

• a definition of broadband library services was added;

• requires each public library system to submit, upon request by the Commissioner, the eligibility criteria for applications designated as projects serving economically disadvantaged communities pursuant to Education Law § 273-a(2)(e), for each recommended application;

• clarifies certain costs that are eligible for approval, including but not limited to the:

o acquisition of vacant land to be used for library purposes;

o purchase, installation and replacement of a library building’s broadband services infrastructure, including but not limited to internal and external connections, either as a stand-alone project or as a project component;

o purchase and installation of permanent signage (with or without lighting, internal or external), which is used for library purposes;

o purchase and installation of one or more generators for library purposes;

o purchase and installation of assistive listening devices and systems for the deaf and hearing impaired, which shall include but not be limited to, hearing loops, FM systems and infrared systems;

o project management of the construction, renovation, rehabilitation or broadband library services infrastructure project; and

o architectural and engineering plans for locally approved new or ongoing projects.

• clarifies certain costs that are ineligible for approval, including but not limited to:

o speculative architectural and engineering plans and feasibility studies; and

o ongoing service fees for telecommunications and broadband services.

• eliminates the requirement that a library system board must submit an annual report to the Commissioner detailing the status of each project and instead, only requires the submission of a report upon request by the Commissioner. The proposed amendment also provides the Commissioner with flexibility to require the library system board to submit any other report the Commissioner deems necessary to carry out the purpose of the program.

The proposed amendment also amends section 90.18 of the Commissioner’s regulations to update and clarify certain terminology relating to school library systems in BOCES and the Big Five city school districts. Specifically, the proposed rule amends the definition of a “coordinator of a school library system” to clarify that such a coordinator must possess either a valid certificate as a school administrator and supervisor (S.A.S.), a school building leader (S.B.L.) or a school district leader (S.D.L.) in accordance with Part 80 of the Commissioner’s regulations, or an equivalent certificate title as determined by the Commissioner.

4. COSTS:

(a) Costs to the State government: The amendment will not impose any additional costs on State government, including the State Education Department.

(b) Costs to local government: The proposed amendment will not impose any additional costs upon local government.

(c) Costs to private, regulated parties: None.

(d) Costs to regulating agency for implementation and continued administration of this rule: None.

5. LOCAL GOVERNMENT MANDATES:

The proposed amendment does not directly impose any additional program, service, duty or responsibility upon local governments. The proposed amendment implements Education Law section 273-a and clarifies certain terminology.

6. PAPERWORK:

The proposed amendment does not require any additional paperwork requirements.

7. DUPLICATION:

The proposed amendment does not duplicate any existing State or federal requirements.

8. ALTERNATIVES:

There were no viable alternatives to the proposed amendment, and none were considered.

9. FEDERAL STANDARDS:

The proposed amendment does not exceed any minimum standards of the federal government.

10. COMPLIANCE SCHEDULE:

The proposed amendment would take effect on its stated effective date. It is anticipated that the regulated parties would come into compliance with the amendment on or immediately in following such date. Because of the nature of the proposed amendment, no additional period of time is needed to enable regulated parties to comply.

(a) Small Businesses:

The purpose of the proposed amendment is to amend section 90.12 to implement Education Law 273-a, as amended by Chapter 498 of the Laws of 2011, Chapter 148 of the Laws of 2014 and Chapter 480 of the Laws of 2015 relating to state aid for library construction and to amend section 90.18 to update and clarify certain terminology relating to the functions of school library systems. 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.

(b) Local Governments:

1. EFFECT OF RULE:

The proposed rule applies to 23 public library systems in New York State and some 750 public and association libraries seeking state aid for library construction under Education Law 273-a and the 41 school library systems in New York State, the 36 boards of cooperative educational services (BOCES), and the Big Five city school districts (New York City, Buffalo, Syracuse, Rochester and Yonkers).

2. COMPLIANCE REQUIREMENTS:

The proposed amendments to section 90.12 of the Commissioner’s regulations are necessary to implement Education Law § 273-a, as amended by Chapter 498 of the Laws of 2011, Chapter 148 of the Laws of 2014, and Chapter 480 of the Laws of 2015. These amendments include the following major changes:

• a definition of broadband library services was added;

• requires each public library system to submit, upon request by the Commissioner, the eligibility criteria for applications designated as projects serving economically disadvantaged communities pursuant to Education Law § 273-a(2)(e), for each recommended application;

• clarifies certain costs that are eligible for approval, including but not limited to the:

o acquisition of vacant land to be used for library purposes;

o purchase, installation and replacement of a library building’s broadband services infrastructure, including but not limited to internal and external connections, either as a stand-alone project or as a project component;

o purchase and installation of permanent signage (with or without lighting, internal or external), which is used for library purposes;

o purchase and installation of one or more generators for library purposes;

o purchase and installation of assistive listening devices and systems for the deaf and hearing impaired, which shall include but not be limited to, hearing loops, FM systems and infrared systems;

o project management of the construction, renovation, rehabilitation or broadband library services infrastructure project; and

o architectural and engineering plans for locally approved new or ongoing projects.

• clarifies certain costs that are ineligible for approval, including but not limited to:

o speculative architectural and engineering plans and feasibility studies; and

o ongoing service fees for telecommunications and broadband services.

• eliminates the requirement that a library system board must submit an annual report to the Commissioner detailing the status of each project and instead, only requires the submission of a report upon request by the Commissioner. The proposed amendment also provides the Commissioner with flexibility to require the library system board to submit any other report the Commissioner deems necessary to carry out the purpose of the program.

The proposed amendment also amends section 90.18 of the Commissioner’s regulations to update and clarify certain terminology relating to school library systems in BOCES and the Big Five city school districts. Specifically, the proposed rule amends the definition of a “coordinator of a school library system” to clarify that such a coordinator must possess either a valid certificate as a school administrator and supervisor (S.A.S.), a school building leader (S.B.L.) or a school district leader (S.D.L.) in accordance with Part 80 of the Commissioner’s regulations, or an equivalent certificate title as determined by the Commissioner.

3. PROFESSIONAL SERVICES:

The proposed amendment will not require public and association libraries, public library systems, school library systems, school districts or BOCES to employ additional professional services in order to comply.

4. COMPLIANCE COSTS:

The amendment will not impose any costs on local governments, including public and association libraries, public library systems, school districts or BOCES.

5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY:

The proposed amendment does not impose any new technological requirements or costs on local governments. As stated in “compliance costs,” the amendment will not impose any costs on school districts or BOCES.

6. MINIMIZING ADVERSE IMPACT:

Because the purpose of the proposed amendment is to implement statutory changes, no alternatives were considered.

7. LOCAL GOVERNMENT PARTICIPATION:

Comments on the proposed rule amending 90.12 were solicited from public library system directors, public and association library directors/managers and library boards of trustees in various regions of the State. Comments on the proposed rule amending 90.18 were solicited from school library system directors in various regions of the State.

1. TYPES AND ESTIMATED NUMBER OF RURAL AREAS:

The proposed amendments to section 90.12 apply to 23 public library systems and some 750 public and association libraries seeking State aid for library construction under Education Law 273-a and the proposed amendment to section 90.18 applies to the 41 school library systems established in New York State, the 36 boards of cooperative educational services (BOCES), and the Big Five city school districts (New York City, Buffalo, Syracuse, Rochester, and Yonkers). This includes libraries and library systems located in the 44 rural counties and 71 towns in urban counties with a population density of 150 per square mile or less.

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

The proposed amendments to section 90.12 of the Commissioner’s regulations are necessary to implement Education Law § 273-a, as amended by Chapter 498 of the Laws of 2011, Chapter 148 of the Laws of 2014, and Chapter 480 of the Laws of 2015. These amendments include the following major changes:

• a definition of broadband library services was added;

• requires each public library system to submit, upon request by the Commissioner, the eligibility criteria for applications designated as projects serving economically disadvantaged communities pursuant to Education Law § 273-a(2)(e), for each recommended application;

• clarifies certain costs that are eligible for approval, including but not limited to the:

o acquisition of vacant land to be used for library purposes;

o purchase, installation and replacement of a library building’s broadband services infrastructure, including but not limited to internal and external connections, either as a stand-alone project or as a project component;

o purchase and installation of permanent signage (with or without lighting, internal or external), which is used for library purposes;

o purchase and installation of one or more generators for library purposes;

o purchase and installation of assistive listening devices and systems for the deaf and hearing impaired, which shall include but not be limited to, hearing loops, FM systems and infrared systems;

o project management of the construction, renovation, rehabilitation or broadband library services infrastructure project; and

o architectural and engineering plans for locally approved new or ongoing projects.

• clarifies certain costs that are ineligible for approval, including but not limited to:

o speculative architectural and engineering plans and feasibility studies; and

o ongoing service fees for telecommunications and broadband services.

• eliminates the requirement that a library system board must submit an annual report to the Commissioner detailing the status of each project and instead, only requires the submission of a report upon request by the Commissioner. The proposed amendment also provides the Commissioner with flexibility to require the library system board to submit any other report the Commissioner deems necessary to carry out the purpose of the program.

The proposed amendment also amends section 90.18 of the Commissioner’s regulations to update and clarify certain terminology relating to school library systems in BOCES and the Big Five city school districts. Specifically, the proposed rule amends the definition of a “coordinator of a school library system” to clarify that such a coordinator must possess either a valid certificate as a school administrator and supervisor (S.A.S.), a school building leader (S.B.L.) or a school district leader (S.D.L.) in accordance with Part 80 of the Commissioner’s regulations, or an equivalent certificate title as determined by the Commissioner.

3. COSTS:

The proposed amendment does not impose any additional costs on public and association libraries, public library systems, school library systems or BOCES located in rural areas.

4. MINIMIZING ADVERSE IMPACT:

The proposed amendment to section 90.12 and 90.18 have been drafted to implement statutory requirements. In order to ensure uniform, State-wide high standards for school library systems, the proposed amendment to section 90.18 applies State-wide.

5. RURAL AREA PARTICIPATION:

The proposed amendment to section 90.12 has been sent for comment to public library system directors, public and association library directors/managers and library boards of trustees, including those in rural areas. The proposed amendment to section 90.18 has been sent for comment to school library system directors in various regions of the State, including those in rural areas.

The purpose of the proposed amendment is to amend 90.12 to implement Education Law 273-a, as amended by Chapter 498 of the Laws of 2011, Chapter 148 of the Laws of 2014 and Chapter 480 of the Laws of 2015 and to amend 90.18 to update and clarify certain terminology relating to the functions of school library systems. Because it is evident from the nature of the proposed rule that it will have no impact on jobs and employment opportunities, no affirmative steps were needed to ascertain that fact and none were taken. Accordingly, a job impact statement is not required, and one has not been prepared.