Meeting of the Board of Regents | July 2007

THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

 

TO:	Cultural Education Committee
FROM:	Jeffrey W. Cannell
SUBJECT:	Amendment to Section 90.12 of the Regulations of the Commissioner of Education Relating to State Aid for Public Library Construction
DATE:	July 11, 2007
STRATEGIC GOAL:	Goals 2-5
AUTHORIZATION(S):

 

SUMMARY

 

Issue for Decision

 

              Should the Regents amend 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 amendments made to Education Law section 273-a by Chapter 57 of the Laws of 2007, so that the payment schedule of State aid for library construction and renovation projects is changed to a 50/40/10 percent basis from a 90/10 percent basis and further so that funds for public library construction and renovation projects, appropriated pursuant to Chapter 53 of the Laws of 2007, are timely awarded, pursuant to statutory requirements, to eligible public libraries and public library systems.

 

Proposed Handling

 

              The proposed amendment will be submitted for adoption as an emergency measure at the July 2007 Regents meeting.

 

 

 

Procedural History

 

              Chapter 53 of the Laws of 2007, which appropriates $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 York Knowledge Initiative legislation and builds on the New Century Libraries proposal, 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, as amended by Chapter 57 of the Laws of 2007, additional changes have been 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 made to Education Law section 273-a.  Chapter 57 of the Laws of 2007 amended section 273-a to change the payment schedule from a 90/10 percent basis to a 50/40/10 percent basis.  

 

The recommended action is an emergency measure proposed to enable the timely implementation of public library construction projects in fiscal year 2007-08.  A Statement of the Facts and Circumstances Which Necessitate Emergency Action is attached.

 

Supporting materials for the proposed amendment are available upon request from the Secretary to the Board of Regents.  A Notice of Proposed Rule Making will be published in the State Register on August 8, 2007.

 

Recommendation

 

It is recommended that the Board of Regents take the following action:

 

VOTED:  That paragraph (5) of subdivision (a), subdivision (c), paragraphs (1) and (2) of subdivision (e), and subdivision (f) of section 90.12 of the Regulations of the Commissioner of Education be amended, as submitted, effective July 31, 2007, as an emergency measure upon a finding by the Board of Regents that such action is necessary for the preservation of the general welfare in order to immediately conform section 90.12 of the Commissioner's Regulations, relating to State aid for library construction, to Education Law section 273-a, as amended by Chapter 57 of the Laws of 2007, so that funds appropriated pursuant to Chapter 53 of the Laws of 2007 for public library construction and renovation projects may be timely awarded, pursuant to statutory requirements, to eligible public libraries and public library systems.

 

Timetable for Implementation

 

              The emergency adoption will take effect on July 31, 2007 and will remain in effect for 90 days.  It is anticipated that the proposed amendment will be presented for adoption as a permanent rule at the October 22, 2007 Regents meeting.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AMENDMENT TO THE REGULATIONS OF THE COMMISSIONER OF EDUCATION

              Pursuant to sections 207, 215 and 273-a of the Education Law and Chapter 57 of the Laws of 2007.

 1.   Paragraph (5) of subdivision (a) of section 90.12 of the Regulations of the Commissioner of Education is amended, effective July 31, 2007, as follows:

(5) Renovation means the overall improvement or conversion of an existing building, exclusive of routine maintenance, resulting in increased operational efficiency and economy.

              2.  Subdivision (c) of section 90.12 of the Regulations of the Commissioner of Education is amended, effective July 31, 2007, as follows:

              (c)  Content of applications.  Each application shall assure that:

              (1) .  .  .

(2) the nonstate share of the cost of the project is or will be available[, that];

(3)  the project has been started or will begin within 180 days after approval by

the commissioner[,] and [that the project] will be completed promptly and in accordance with the application;

[(3)] (4) the approved project will be conducted in accordance with all applicable

Federal, State, and local laws and regulations;

[(4)] (5) the project has not been completed prior to the date of the application;

[(5) for all new projects or] (6) where [otherwise] required by law, competitive

bidding procedures will be followed; and

[(6)] (7) the premises constructed, acquired, renovated, rehabilitated or leased

will be usable for library purposes for at least [20] 10 years from completion of the project.

              3.  Paragraph (1) of subdivision (e) of section 90.12 of the Regulations of the Commissioner of Education is amended, effective July 31, 2007, as follows:

          (1)  Costs eligible for approval shall include:

(i) .  .  .

              (ii) .  .  .

              (iii) .  .  .

(iv) purchase and installation of initial equipment and furnishings as a project

componentof subparagraphs (i), (ii) or (iii) of this paragraph;

(v) site preparation and grading as a project component of subparagraphs (i), (ii)

or(iii) of this paragraph;

(vi) replacementof a library building’s mechanicals, including, but not limited to,

heating
, ventilation, air conditioning, cooling, electrical, and plumbing systems;

(vii) replacement of permanent components of a library building, including, but

not
limited to, windows, doors, roofs, and lighting systems;

(viii) supervision of the construction, renovation or rehabilitation; and

(ix) such other costs as may be approved by the commissioner.

              4.  Paragraph (2) of subdivision (e) of section 90.12 of the Regulations of the Commissioner of Education is amended, effective July 31, 2007, as follows:

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

(i) .  .  .

(ii) .  .  .

              (iii) .  .  .

   (iv) purchase of books and other library materials; [and]

(v) landscaping; and

(vi) routine maintenance.

              5.  Subdivision (f) of section 90.12 of the Regulations of the Commissioner of Education is amended, effective July 31, 2007, as follows:

(f) Schedule of payment of State aid for library construction. (1) [Ninety-percent]

Fifty-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) Forty percent of such aid shall be payable in the State fiscal year following the

year
in which funding was provided.

(3) The 10-percent final payment will be made after submission of satisfactory

evidence that the project has been completed in accordance with the terms of the approved application [according to the approved application and has been accepted by the applicant].

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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 CHAPTERS 53 AND 57 OF THE LAWS OF 2007, RELATING TO STATE AID FOR PUBLIC LIBRARY CONSTRUCTION

STATEMENT OF FACTS AND CIRCUMSTANCES WHICH NECESSITATE EMERGENCY ADOPTION

              The proposed amendment is needed to ensure that the Commissioner's Regulations comply with recent amendments made to Education Law section 273-a.  Chapter 53 of the Laws of 2007 appropriates $14 Million for public library construction and renovation projects.  Chapter 57 of the Laws of 2007 amends Education Law section 273-a to change the payment schedule from a 90/10 percent basis to a 50/40/10 percent basis. 

              Because the Board of Regents meets at fixed intervals, the earliest the proposed amendment could be presented for regular adoption, after publication in the State Register and expiration of the 45-day public comment period, is the October 22-23, 2007 Regents meeting.  Pursuant to the State Administrative Procedure Act, the earliest effective date of the proposed amendment, if adopted at the October meeting, would be November 15, 2007, the date a Notice of Adoption would be published in the State Register. However, this would delay implementation of public library construction projects until well into the 2007-2008 State fiscal year.

              Emergency action to adopt the proposed amendment is necessary for the preservation of the general welfare in order to immediately conform section 90.12 of the Commissioner's Regulations, relating to State aid for library construction, to Education Law section 273-a so that funds appropriated pursuant to Chapter 53 of the Laws of 2007 for public library construction and renovation projects may be timely awarded pursuant to statutory requirements to eligible public libraries and public library systems.

              It is anticipated that the proposed amendment will be presented to the Board of Regents for adoption as a permanent rule at the October 22-23, 2007 meeting of the Board of Regents, which is the first scheduled meeting after expiration of the 45-day public comment period mandated by the State Administrative Procedure Act.