N.Y. Comp. Codes R. & Regs. tit. 8 § 90.16

Current through Register Vol. 46, No. 25, June 18, 2024

Section 90.16 - Conservation and/or preservation of library research materials

(a) Definitions. As used in this section and in Education Law, section 273(7):

(1) Comprehensive research library means those libraries designated in subdivision 7 of section 273 of the Education Law.

(2) Agencies and libraries, as used in Education Law section 273(7) (c), means libraries chartered by the Regents or in institutions chartered by the Regents, other than comprehensive research libraries, and other agencies collecting, organizing, maintaining and making available to the people of the State, library research materials as defined in paragraph (4) of this subdivision.

(3) A program of conservation and/or preservation means a coordinated set of activities for the protection, care and treatment of library materials to prevent loss of their informational or intellectual content and/or of the objects themselves, including but not limited to:

(i) collection condition evaluation and preservation planning;

(ii) environmental control;

(iii) disaster prevention, preparedness and recovery;

(iv) preparation of library research materials for storage or exhibition, including binding, matting, boxing and other protective wrapping;

(v) collection maintenance, including cleaning and refurbishing;

(vi) screening to identify items needing preservation attention, including searching to establish the availability of replacements;

(vii) rebinding, minor repair and mending;

(viii) reformatting, including photocopying, microfilming, and copying disks to tape;

(ix) major conservation treatment, such as surface cleaning, deacidification, leather repair, and conservation rebinding;

(x) creating or modifying bibliographic records to reflect preservation decisions, including reporting microform masters to the library community;

(xi) quality control and testing of materials, processes and equipment used in any conservation and/or preservation activity; and

(xii) staff training and patron awareness programs.

(4) Library research materials means informational materials in print, non-print, manuscript or any other format or medium which are part of the applicant's collections and are, or will be, made available for reference, on-site examination, and or loan.

(5) Unique library research materials means library research materials which are not accessible to the people of the State in any other collection in the State, or identifiable collections of library research materials, some portions of which may be accessible elsewhere in the State, which have research value not duplicated elsewhere in the State.

(6) Office for coordination of conservation and/or preservation of library research materials means an office within the State Education Department responsible for identifying the conservation and/or preservation needs of libraries within the state as defined in paragraphs (1) and (2) of this subdivision, to assess the technology available for such conservation and preservation, and to coordinate the conservation and preservation efforts resulting from Education Law § 273(7). This office will be located in the New York state library.

(b) Five-year plan. In order to be eligible for State aid for a program of conservation and/or preservation of library research materials, pursuant to subdivision 7 of section 273 of the Education Law, each comprehensive research library shall submit a five-year plan and an annual program budget. The first five-year plan shall be submitted by March 31, 1985. Subsequent plans shall be submitted at five-year intervals.

(c) Plan. The five-year plan for a program of conservation and/or preservation of library research materials shall include, but need not be limited to, the following elements:

(1) a brief description of the types of materials in the collections and their overall physical condition;

(2) a description of the current program of conservation and/or preservation, as defined in paragraph (a)(3) of this section, including:

(i) a brief history of program activity;

(ii) the number and type of staff involved;

(iii) the administrative organization;

(iv) current expenditures;

(v) the volume of annual activity; and

(vi) the selection criteria, technical procedures, specifications or standards used, and monitoring or evaluation processes;

(3) a description of proposed expanded, modified and/or additional activities, including five-year goals for each area of program activity, and annual developmental objectives for reaching those goals covering each category set forth in paragraph (2) of this subdivision; and

(4) evidence that local programs are designed and conducted so as to complement other conservation and/or preservation activities within and outside the State.

(d) Preservation methods. Activities in areas such as environmental control, the creation of microforms, and specifications for materials and procedures used in physical treatment shall be conducted in accordance with standards approved by the commissioner.

(e) Eligible expenditures. Activities eligible for funding shall include those listed in paragraph (a)(3) of this section, including personnel costs, service contracts, supplies and equipment, but excluding the acquisition of library research materials and building construction. Activities shall be related to annual objectives contained in the five-year plan.

(f) Applications and reports.

(1) Each comprehensive research library which has received plan approval shall submit to the department, in a form prescribed by the department, an annual application and program description for conservation and/or preservation, including budget information for the next fiscal year, and a narrative and expenditure report on program activities during the prior year.

(2) Agencies and libraries applying for grants under Education Law section 273(7) (c) shall submit project proposals in a form prescribed by the department, which shall include, but need not be limited to, the following elements :

(i) A description of the unique library research materials to be preserved or conserved with grant funds, including the research value of such materials;

(ii) A description of proposed conservation and/or preservation activities, and of the techniques to be employed in such activities in accordance with statewide planning and national standards;

(iii) A description of staff and/or data about suppliers of contract services which demonstrates appropriate training, availability, experience and expertise for performing the proposed work;

(iv) Evidence of institutional capacity for successful completion of the project, including access to appropriate facilities for conservation and/or preservation;

(v) Assurance that bibliographic information in machine readable form will be available on materials preserved;

(vi) Evidence of institutional commitment to development of a coordinated approach to conservation and preservation in the State;

(vii) Institutional contribution to the project in matching funds and staff resources;

(viii) Provision for use of a national database to make known to other libraries decisions on items being preserved; and

(ix) Data demonstrating the volume of interlibrary lending by the applicant within the State and beyond, and public access to the applicant's holdings.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 90.16

Amended New York State Register August 1, 2018/Volume XL, Issue 31, eff.8/1/2018