SECTIONS 19987-19999

19987.  The proceeds of bonds issued and sold pursuant to thischapter shall be deposited in the California Public LibraryConstruction and Renovation Fund, which is hereby established.19988.  All moneys deposited in the fund, except as provided inSection 20011, are continuously appropriated to the State Librarian,notwithstanding Section 13340 of the Government Code, and shall beavailable for grants to any city, county, city and county, ordistrict that is authorized at the time of the project application toown and maintain a public library facility for the purposes setforth in Section 19989.19989.  The grant funds authorized pursuant to Section 19988, andthe matching funds provided pursuant to Section 19995, shall be usedby the recipient for any of the following purposes: (a) Acquisition or construction of new facilities or additions toexisting public library facilities. (b) Acquisition of land necessary for the purposes of subdivision(a). (c) Remodeling or rehabilitation of existing public libraryfacilities or of other facilities for the purpose of their conversionto public library facilities. All remodeling and rehabilitationprojects funded with grants authorized pursuant to this chapter shallinclude any necessary upgrading of electrical and telecommunicationssystems to accommodate Internet and similar computer technology. (d) Procurement or installation, or both, of furnishings andequipment required to make a facility fully operable, if theprocurement or installation is part of a construction or remodelingproject funded pursuant to this section. (e) Payment of fees charged by architects, engineers, and otherprofessionals, whose services are required to plan or execute aproject authorized pursuant to this chapter.19990.  Any grant funds authorized pursuant to Section 19988, ormatching funds provided pursuant to Section 19995, may not be used bya recipient for any of the following purposes: (a) Books and other library materials. (b) Administrative costs of the project, including, but notlimited to, the costs of any of the following: (1) Preparation of the grant application. (2) Procurement of matching funds. (3) Conduct of an election for obtaining voter approval of theproject. (c) Interest or other carrying charges for financing the project,including, but not limited to, costs of loans or lease-purchaseagreements in excess of the direct costs of any of the authorizedpurposes specified in Section 19989. (d) Any ongoing operating expenses for the facility, itspersonnel, supplies, or any other library operations.19991.  All construction contracts for projects funded in partthrough grants awarded pursuant to this chapter shall be awardedthrough competitive bidding pursuant to Part 3 (commencing withSection 20100) of Division 2 of the Public Contract Code.19992.  This chapter shall be administered by the State Librarian.The board shall adopt rules, regulations, and policies for theimplementation of this chapter.19993.  A city, county, city and county, or district may apply tothe State Librarian for a grant pursuant to this chapter, as follows: (a) Each application shall be for a project for a purposeauthorized by Section 19989. (b) An application may not be submitted for a project for whichconstruction bids already have been advertised. (c) The applicant shall request not less than fifty thousanddollars ($50,000) per project.19994.  (a) The State Librarian shall consider applications forconstruction of new public library facilities submitted pursuant toSection 19993 in the following priority order: (1) First priority shall be given to joint use projects in whichthe agency that operates the library and one or more school districtshave a cooperative agreement. (2) Second priority shall be given to all other public libraryprojects. (b) The State Librarian shall consider applications for remodelingor rehabilitation of existing public library facilities pursuant toSection 19993 in the following priority order: (1) First priority shall be given to public library projects inthe attendance areas of public schools that are determined, pursuantto regulations adopted by the board, to have inadequateinfrastructure to support access to computers and other educationaltechnology. (2) Second priority shall be given to all other projects.19995.  (a) Each grant recipient shall provide matching funds fromany available source in an amount equal to 35 percent of the costs ofthe project. The remaining 65 percent of the costs of the project,up to a maximum of twenty million dollars ($20,000,000) per project,shall be provided through allocations from the fund. (b) Qualifying matching funds shall be cash expenditures in thecategories specified in Section 19989 which are made not earlier thanthree years prior to the submission of the application to the StateLibrarian. Except as otherwise provided in subdivision (c), in-kindexpenditures do not qualify as matching funds. (c) Land donated or otherwise acquired for use as a site for thefacility, including, but not limited to, land purchased more thanthree years prior to the submission of the application to the StateLibrarian, may be credited towards the 35 percent matching fundsrequirement at its appraised value as of the date of the application.This subdivision shall not apply to land acquired with fundsauthorized pursuant to Part 68 (commencing with Section 100400). (d) Architect fees for plans and drawings for library renovationand new construction, including, but not limited to, plans anddrawings purchased more than three years prior to the submission ofthe application to the State Librarian, may be credited towards the35 percent matching funds requirement.19996.  (a) The estimated costs of a project for which anapplication is submitted shall be consistent with normal publicconstruction costs in the applicant's area. (b) An applicant wishing to construct a project having costs thatexceed normal public construction costs in the area may apply for agrant in an amount not to exceed 65 percent of the normal costs up toa maximum of twenty million dollars ($20,000,000) per project if theapplicant certifies that it is capable of financing the remainder ofthe project costs from other sources.19997.  Once an application has been approved by the board andincluded in the State Librarian's request to the committee, theamount of the funding to be provided to the applicant may not beincreased. Any actual changes in project costs are the fullresponsibility of the applicant. If the amount of funding that isprovided is greater than the cost of the project, the applicant shallreturn that portion of the funding that exceeds the cost of theproject to the fund. If an applicant has been awarded funding by theboard, but chooses not to proceed with the project, the applicantshall return all of the funding to the fund.19998.  (a) In reviewing applications, as part of establishing thepriorities set forth in Section 19994 the board shall consider all ofthe following factors: (1) Needs of urban and rural areas. (2) Population growth. (3) Age and condition of the existing library facility. (4) The degree to which the existing library facility isinadequate in meeting the needs of the residents in the libraryservice area and the degree to which the proposed project responds tothe needs of those residents. (5) The degree to which the library's plan of service integratesappropriate electronic technologies into the proposed project. (6) The degree to which the proposed site is appropriate for theproposed project and its intended use. (7) The financial capacity of the local agency submitting theapplication to open and maintain operation of the proposed libraryfor applications for the construction of new public libraries. (b) If, after an application has been submitted, material changesoccur that would alter the evaluation of an application, the StateLibrarian may accept an additional written statement from theapplicant for consideration by the board.19999.  (a) A facility, or the part thereof, acquired, constructed,or remodeled, or rehabilitated with grants received pursuant to thischapter shall be dedicated to public library direct service use for aperiod of not less than 20 years following completion of theproject. (b) The interest of the state in land or a facility, or both,pursuant to the funding of a project under this chapter, as describedin subdivision (a), may be transferred by the State Librarian fromthe land or facility, or both, for which that funding was granted toa replacement site and facility acquired or constructed for thepurpose of providing public library direct service. (c) If the facility, or any part thereof, acquired, constructed,remodeled, or habilitated with grants received pursuant to thischapter ceases to be used for public library direct service prior tothe expiration of the period specified in subdivision (a), the boardis entitled to recover, from the grant recipient or the recipient'ssuccessor in the maintenance of the facility, an amount that bearsthe same ratio to the value of the facility, or the appropriate partthereof, at the time it ceased to be used for public library directservice as the amount of the grant bore to the cost of the facilityor the appropriate part thereof. For purposes of this subdivision,the value of the facility, or the appropriate part thereof, isdetermined by the mutual agreement of the board and the grantrecipient or successor, or through an action brought for that purposein the superior court. (d) Notwithstanding subdivision (f) of Section 16724 of theGovernment Code, any money recovered pursuant to subdivision (c)shall be deposited in the fund, and shall be available for thepurpose of awarding grants for other projects.