The new procurement reforms were the top advocacy priority for NYSHEI in the current session, and their enactment will pave the way for continued NYSHEI success by removing the need to obtain statutory authority to actualize NYSHEI initiatives like ARIA (Academic Research Information Access) and CIRA (Clinical Information Resource Access).

While final implementation of the procurement changes will require continuing work to shape the regulatory and policy applications of the state Office of General Services (OGS), a summary of the statutory changes is below.

* Information resources are defined, unifying the procurement governance of academic, professional, and industry journals, reference handbooks and manuals, research tracking tools, indexes and abstracts.  Previously such information resources were scattered in law and thus subject to separate policy.
Information resources are now established as commodities.  Previously information resources could be viewed as commodities, services, or technologies.

*Authority is granted to the Commissioner of OGS to authorize the use of centralized contracts, thus removing the potential limitations on participation resulting from statutory exclusions.

* The responsibility for payments on purchases made under central contracts is explicitly placed on the purchaser.  This removes a potential interpretation that the state could be liable for defaults.  The potential for state liability was a major stumbling block in the realization of ARIA and CIRA.

* Central contracts for information resources may be initiated by a state agency, or by the Commissioner of OGS upon request by a not-for-profit, a consortia, or other library association, among others.

* The threshold for initiation of the procurement process for commodities is raised from $15,000 to $50,000.

* For many commodity contracts the pre-approval process is replaced with post-contract reporting.  This will improve flexibility and speed of securing needed information resources.

* In central contract purchases, the participation of independent not-for-profit institutions of higher education is explicitly permitted.

Taken together, these changes will empower academic and research libraries – both public and private – to leverage greater buying power and proceed in purchases with greater efficiency.  This new process will open the possibilities of new collaborations and efforts to obtain widely desired information resources.

NYSHEI is grateful to the Governor, legislators, and OGS Commissioner Destito for recognizing the challenges confronting libraries.  We are most appreciative of their willingness to partner with NYSHEI to craft the changes, and look forward to our continued partnership to secure proper implementation of the reforms.

The procurement law changes are contained in state budget bill A.9055-D.

The “taxpayer access to publically funded research act” (TAPFR) is now active in the New York State Legislature.  TAPFR is supported by the New York State Higher Education Initiative (NYSHEI) and sponsored by Assemblyman Andrew Hevesi (D-Queens) – pictured above.

TAPFR establishes that the published results of publically funded research be openly and electronically accessible to all members of the public.

“The academic and research libraries of New York applaud the vision of Assemblyman Hevesi,” said NYSHEI Executive Director Jason Kramer.  “Mr. Hevesi understands that taxpayers deserve access to the research results they paid for.”

“Access to information is a matter of public interest.  It advances innovation and the application of new knowledge.  Open access benefits our schools, communities, economy, and authors.  I urge the full legislature to support this bill,” said Kramer.

TAPFR was inspired by HR 5037, the federal research public access act (FRPAA), and the open access success of the National Institutes of Health embodied in the development of PubMed Central.

If enacted, New York would become the first state to adopt a measure to ensure open access to publically funded research.    The State of New York spends around $50 million annually in direct research support, the majority of which flows through the state Department of Health in support of stem cell research.

New York taxpayers annually fund more than $50 million in basic and applied research and projects.  This public investment often leads to results that are published in a variety of academic journals.

Because taxpayers underwrite this research they have a right to expect that dissemination and use will be maximized for public benefit, and that they themselves will have access to the published results.

While publically funded research in New York is small compared to the federal investment, the federal government has taken significant steps toward open access policies.

The first executive order of President Barack Obama created the Memorandum on Transparency and Open Government.  This directive has evolved into the Open Government Partnership and a national action plan.  A key component of this plan is a call to promote accessibility of data produced through publically funded research.

A sterling example of the benefits of open access is the Public Access Policy adopted by the National Institutes of Health (NIH) under President George W. Bush.  In establishing free public online access to articles reporting on the results of research for which they paid, taxpayers have a remarkable resource.  PubMed Central is a databank of more than two million full-text articles accessed by more than half a million users every day.

New York, by becoming the first among states to adopt an open access policy, would give its research and researchers an advantage over colleagues in other states.  Making discovered knowledge more available leads to greater influence as the work is more available for citations.  Additionally students, faculty, and the academic institutions themselves will benefit through lower costs and more access to peer-reviewed scholarship.

It is therefore in the public interest that every state agency, department, division, or public authority with a research budget, adopt a policy that requires:

each researcher funded totally or partially by New York State taxes submit an electronic copy of a manuscript that has been accepted for publication in a peer-reviewed journal;

• that the manuscript is preserved digitally in a repository that provides free public access and long-term preservation; and,
• free, online access is publically available no later than six months after publication in a peer-reviewed journal.

Kramer used the opportunity to state NYSHEI’s support of the procurement reforms included in the budget proposal.  Additionally Kramer asked the legislature to support open access of publicly funded research, and for full-funding and modernization of library aid formula.

A full copy of the text is available here.

The incomparable State Senator Hugh Farley (R-Schenectady) today returned to his role as Chair of the Senate Select Committee on Libraries.

The Senate Committee on Libraries was re-established on January 10, 2012 after a three year hiatus.   Senator Farley, Library Chair from 1978 to 2008, was immediately named Chair to the revived committee.

“When the Senate changed leadership in 2009, the Democratic Majority eliminated this committee. I was extremely disappointed and concerned by this. Libraries have their own special needs, and I had recommended reestablishing a special Senate Committee to focus on and address their issues.  I applaud Senate Majority Leader Dean Skelos for recognizing the importance of libraries and appointing this committee,” said Senator Farley.

Jason Kramer, Executive Director of NYSHEI said, “the academic and research library community is glad to have our good friend and ally back where he belongs, as the vanguard of the state’s libraries.  We are truly thankful for his past and future leadership.”

Senator Farley has sponsored virtually every piece of major library legislation since 1978.  He was a member of Governor Mario Cuomo’s Commission on Libraries and was also an elected delegate to the White House Conferences on Libraries in 1979 and 1991. He has fought to secure State funding for libraries and to establish new forms of library services, including school library systems and hospital library programs.

In 2009, the Mohawk Valley Library System honored Senator Farley for his advocacy and support of libraries. In 2011, Senator Farley received the Ex Libris Award from the organization New Yorkers for Better Libraries in recognition of his leadership on library issues.

In direct opposition to the open access policies of the administrations of both George W. Bush and Barack Obama, Ms. Maloney, seeks to prohibit federal agencies from conditioning their grants to require that articles reporting on publicly funded research be made accessible to the public online.

NYSHEI and its members strongly oppose the Research Works Act and are working actively to stop the bill.

The Council is accepting comments until February 15, 2012.

NYSHEI, along with allied organizations has been asking the advisory council to be more mindful of the challenges and value of academic and research libraries than it was in the last statewide vision plan.  So far, the 2020 plan is moving in the right direction.

All are encouraged to contact the committee to express concerns.

As always, NYSHEI is on the road and looking to visit your campus (or at least one close enough for your to visit).

These meetings are a great chance to ask questions and get answers about every activity NYSHEI is undertaking.  This is also an important opportunity for NYSHEI to learn about your concerns and challenges and thus better serve the academic and research library community.

Contact NYSHEI today to arrange a meeting.