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THE STATE
EDUCATION DEPARTMENT / THE UNIVERSITY
OF THE STATE OF |
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TO: |
The Honorable the Members of the Board of Regents |
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FROM: |
Carole F. Huxley |
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SUBJECT: |
Amendment to Section 90.12 of the Regulations of the Commissioner of Education Relating to State aid for Public Library Construction |
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DATE: |
October 11, 2006 |
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STRATEGIC
GOAL: |
Goals
2-5 |
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AUTHORIZATION(S): |
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SUMMARY
Issue for Decision
Should the Regents adopt as a permanent rule the proposed amendment to section 90.12 of the Regulations of the Commissioner of Education, relating to requirements for State aid for public library construction?
Reason(s) for
Consideration
The proposed amendment is necessary to conform the Commissioner's Regulations to recent changes to Education Law section 273-a, so that funds for public library construction and renovation projects, appropriated pursuant to Chapter 53 of the Laws of 2006, are timely awarded pursuant to statutory requirements to eligible public libraries and public library systems.
Proposed
Handling
The proposed amendment is presented for discussion and adoption by the Full Board at the October 2006 Regents meeting.
Procedural
History
The Board of Regents adopted the proposed amendment as an emergency measure at the September Regents meeting, effective September 15, 2006.
Chapter 53 of the Laws of 2006, which provides an appropriation for $14 million in library construction funds, originated with the 10 recommendations of the Regents Commission on Library Services. It is a component of the proposed New Century Libraries legislation, which was based on the recommendations made by the Commission after two years of studying the State's libraries, including 14 public meetings held throughout the State to solicit input from the public and the library community.
In addition, in 2003, staff of the New York State Library's Division of Library Development had a conference call with representatives of the Public Library System Directors Organization (PULSIDO) and also attended the annual PULSIDO meeting to discuss the construction program, which resulted in suggestions for changing the program.
In addition to revising the regulation to conform to Education Law section 273-a, additional changes were made upon recommendation of the State's public library systems to facilitate the State aid application procedures.
Background
Information
The proposed amendment is needed to ensure
that the Commissioner's Regulations are in compliance with recent changes to
Education Law section 273-a.
Chapter 572 of the Laws of 2003 amended section 273-a to change the
funding year from one year to three years and the payment year from 'January 1
through December 31' to 'July 1 through June 30.' Section 4 of Part O of Chapter 57
of the Laws of 2005 amended section 273-a to change the payment schedule from a
50/40/10 percent basis to a 90/10 percent basis. The proposed amendment will also provide
libraries with greater flexibility in applying for grant funds. Projects that are not completed but are
more than 60 percent complete will now be eligible for funding. Projects that will not be ready to
start for up to 180 days will now be eligible for funding, as opposed to 90 days
previously.
The recommended action is proposed to enable
the timely implementation of public library construction projects in fiscal year
2006-07.
A Notice of Proposed Rule Making was published in the State Register on August 23, 2006. An Assessment of Public Comment is attached. Supporting materials for the proposed amendment are available upon request from the Secretary to the Board of Regents.
Recommendation
It is recommended that the Board of Regents
take the following action:
VOTED:
That subdivision (b), paragraphs (2) and (4) of subdivision (c),
paragraph (4) of subdivision (d), and subdivisions (f) and (g) of section 90.12
of the Regulations of the Commissioner of Education be amended as submitted,
effective November 16, 2006.
Timetable for
Implementation
The proposed amendment was adopted as an emergency rule at the September Regents meeting, with an effective date of September 15, 2006. Upon approval by the Regents at their October meeting, the proposed amendment will become effective as a permanent rule on November 16, 2006.
PROPOSED
AMENDMENT OF SECTION 90.12 OF THE REGULATIONS OF THE COMMISSIONER OF EDUCATION
PURSUANT TO SECTIONS 207, 215 AND 273-a OF THE EDUCATION LAW AND CHAPTER 53 OF
THE LAWS OF 2006, RELATING TO STATE AID FOR PUBLIC LIBRARY
CONSTRUCTION
ASSESSMENT
OF PUBLIC COMMENT
Since publication of a Notice of Proposed Rule Making in the State
Register on August 23, 2006, the State Education Department received the
following comments.
COMMENTS:
Comments were received from several entities in
DEPARTMENT
RESPONSE:
The comments are beyond the scope of the proposed amendment, which is
intended to conform the Commissioner's Regulations to recent changes to
Education Law section 273-a, as made by Chapter 572 of the Laws of 2003 and
Chapter 57 of the Laws of 2005, so that funds appropriated pursuant to Chapter
53 of the Laws of 2006 are awarded pursuant to statutory requirements. However, the Department will address the
expressed concerns via a conference call followed by individual responses.
AMENDMENT
OF SECTION 90.12 OF THE REGULATIONS OF THE COMMISSIONER OF
EDUCATION
Pursuant to sections 207, 215 and 273-a of the Education Law and Chapter
53 of the Laws of 2006
1. Subdivision (b) of
section 90.12 of the Regulations of the Commissioner of Education is amended,
effective November 16, 2006, as follows:
(b)
Application procedures.
(1) Each public
library system shall submit to the commissioner, no later than a prescribed
date, as part of a plan of service, a plan by which it will accept,
review, and make recommendations on applications as required by Education Law,
section 273-a(2). [Such plans shall
include a schedule of such actions, local funds matching requirements, planning
and technical requirements, and procedures to be
followed.]
(2) When
the applicant is a library, the governing board of the system of which it is a
member shall indicate to the commissioner its approval of such application by
stating the extent to which the project for which State aid is requested will
assist the applicant to provide more effective service within the system’s
standards of organization and service.
[If the governing board of the system does not approve a member library’s
application, such application shall be submitted to the commissioner with an
explanation of such nonapproval.]
(3)
. . .
(4) The library system board shall rank the applications from its system
area in order of its recommendations, giving particular attention to the service
needs of any communities which are isolated or economically
disadvantaged, or located beyond the reasonable service capabilities of
other libraries which are members of such library system.
2. Paragraphs (2) and (4) of
subdivision (c) of section 90.12 of the Regulations of the Commissioner of
Education are amended, effective November 16, 2006, as
follows:
(2) the nonstate share of
the cost of the project is or will be available, that the project has been
started or will begin within [90] 180 days after approval by the
commissioner, and that the project will be completed promptly and in accordance
with the application;
(4) [not more than 60 percent of the approved costs have been
expended as of the date of the application] the project has not been
completed prior to the date of the application;
3. Paragraph (4) of
subdivision (d) of section 90.12 of the Regulations of the Commissioner of
Education is amended, effective November 16, 2006, as
follows:
(4) the provision of library services in
communities which are geographically isolated or economically
disadvantaged; and
4. Subdivision (f) of
section 90.12 of the Regulations of the Commissioner of Education is amended,
effective November 16, 2006, as follows:
(f) Schedule of payment of
State aid for library construction.
(1) [Fifty-]
Ninety-percent payment of awarded State aid for approved costs of the
project will be made after notification of applicant by the commissioner of
approval for funding.
(2) [An additional 40-percent payment will be made after certification by
the applicant that the project has been 50-percent completed in accordance with
the approved application.
(3)] The 10-percent final payment will be made
after submission of satisfactory evidence that the project has been completed
according to the approved application and has been accepted by the
applicant.
5. Subdivision (g) of
section 90.12 of the Regulations of the Commissioner of Education is amended,
effective November 16, 2006, as follows:
(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 library system board shall report on the status of any project
for which an approved application was submitted to the commissioner, but for
which no State aid was provided.
(3) Each library system board shall report on the status of each project
submitted to the commissioner for which the system did not recommend
approval.
(4)] Each 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, each library
system board shall submit an annual 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.