11/14/07 N.Y. St. Reg. EDU-32-07-00011-A
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of section 90.12 of Title 8 NYCRR.
Statutory authority:
Education Law, sections 207 (not subdivided), 215 (not subdivided) and 273-a(5); L. 2007, ch. 57, part B, section 4; L. 2007, ch. 53, section 1
Subject:
State aid for public library construction.
Purpose:
To prescribe eligibility requirements and criteria for applications for State aid for library construction, and conform the commissioner's regulations to recent changes made to Education Law, section 273-a.
Text or summary was published
in the notice of proposed rule making, I.D. No. EDU-32-07-00011-P, Issue of August 8, 2007.
Final rule as compared with last published rule:
No changes.
Text of rule and any required statements and analyses may be obtained from:
Anne Marie Koschnick, Legal Assistant, Office of Counsel, Education Department, State Education Bldg., Rm. 148, Albany, NY 12234, (518) 473-8296, e-mail:
legal@mail.nysed.govAssessment of Public Comment
Since publication of a Notice of Proposed Rule Making in the State Register on August 8, 2007, the State Education Department received the following comment on the proposed amendment.
Subdivision (f) of section 90.12 of the Regulations of the Commissioner of Education should be revised so that the payment schedule for State aid for public library construction and renovation projects is changed from a 50/40/10 percent basis to a 90/10 percent basis, as was statutorily required for State fiscal year 2006–2007. The 50/40/10 percent payment schedule for these projects will cause undue hardship on public libraries by providing the libraries with only 50 percent of project costs up front and, as a result, forcing libraries to pay remaining project costs from alternative funding sources until their receipt of the remaining State aid. The new 50/40/10 percent payment schedule may force libraries to delay or eliminate necessary library construction or renovation projects.
The proposed amendment is consistent with Education Law section 273-a, as recently amended by the Legislature in Chapter 57 of the Laws of 2007, which requires the payment schedule for State aid for public library construction and renovation projects be changed to a 50/40/10 percent basis from a 90/10 percent basis. Recommendation to change the payment schedule back to a 90/10 percent basis is beyond the scope of the proposed amendment in that it requires a statutory change. To revise the payment schedule for such State aid, legislative changes to Education Law section 273-a would need to be made before the Commissioner's Regulations could be so revised.
