S T A T E O F N E W Y O R K ________________________________________________________________________ 4354 2009-2010 Regular Sessions I N A S S E M B L Y February 3, 2009 ___________ Introduced by M. of A. KOON, JOHN, McENENY, MORELLE -- Multi-Sponsored by -- M. of A. COLTON, COOK -- read once and referred to the Committee on Economic Development, Job Creation, Commerce and Industry AN ACT to amend the New York state urban development corporation act, in relation to establishing a biomedical research grants and working capital loan program THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Legislative findings and intent. The legislature hereby 2 finds that New Yorkers derive significant economic and health benefits 3 from biomedical research. Biomedical research grants produce tens of 4 thousands of jobs and generate millions of dollars in state and local 5 income and sales tax revenue every year. Recent biomedical discoveries 6 in areas like cancer treatment, impotence remedies and AIDS therapies 7 have improved the quality of health care in the state, the nation and 8 the world. To facilitate the continued vitality of New York's biomedical 9 research institutions, it is the intent of the legislature to establish 10 a biomedical research grants and working capital loan program. 11 S 2. Section 1 of chapter 174 of the laws of 1968, constituting the 12 New York state urban development corporation act, is amended by adding a 13 new section 16-t to read as follows: 14 S 16-T. BIOMEDICAL RESEARCH GRANTS AND WORKING CAPITAL LOAN PROGRAM. 15 1. PROGRAM ESTABLISHED. THE CORPORATION SHALL ESTABLISH THE BIOMEDICAL 16 RESEARCH GRANTS AND WORKING CAPITAL LOAN PROGRAM FOR THE PURPOSE OF 17 ESTABLISHING AN ECONOMIC DEVELOPMENT GRANTS AND WORKING CAPITAL REVOLV- 18 ING LOAN FUND TO BE ADMINISTERED BY THE CORPORATION. SUCH FUND SHALL BE 19 USED TO PROVIDE FINANCIAL ASSISTANCE IN THE FORM OF GRANTS FOR SALARIES 20 OF BIOMEDICAL RESEARCHERS, STAFF SUPPORT AND NON-PERSONAL SERVICE AT 21 BIOMEDICAL RESEARCH INSTITUTIONS AND IN THE FORM OF WORKING CAPITAL 22 LOANS FOR PROJECTS AND NEW EQUIPMENT AT BIOMEDICAL RESEARCH INSTI- 23 TUTIONS. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01626-01-9 A. 4354 2 1 2. APPLICATION CRITERIA. IN ADDITION TO SUCH OTHER CRITERIA AS THE 2 CORPORATION MAY ADOPT IN RULES AND REGULATIONS FOR THE CONSIDERATION OF 3 APPLICATIONS FOR GRANTS AND LOANS PURSUANT TO SUBDIVISION ONE OF THIS 4 SECTION, THE CORPORATION SHALL: 5 (A) DETERMINE THAT THE BIOMEDICAL RESEARCH INSTITUTION IS UNABLE TO 6 OBTAIN SUFFICIENT FUNDING ON REASONABLE TERMS FROM OTHER PUBLIC OR 7 PRIVATE SOURCES TO PERMIT THE INSTITUTION'S PLANNED INVESTMENT TO 8 PROCEED WITHOUT THE REQUIRED ASSISTANCE; 9 (B) GIVE PRIORITY TO THOSE APPLICATIONS FOR ASSISTANCE FROM BIOMEDICAL 10 RESEARCH INSTITUTIONS THAT SECURE PRIVATE SUPPORT FOR BIOMEDICAL 11 RESEARCH OR COMMIT NEW RESOURCES TO THE EXPANSION OF BIOMEDICAL RESEARCH 12 AT THE INSTITUTION; AND 13 (C) CONSIDER THE POTENTIAL LONG TERM ECONOMIC BENEFITS TO THE STATE OF 14 AWARDING THE SPECIFIC GRANT OR LOAN AND WHETHER THE GRANT OR LOAN WILL 15 RESULT IN A REASONABLE LIKELIHOOD OF SUCCESS IN MEETING THE PURPOSES FOR 16 WHICH IT WAS SOUGHT BY THE APPLICANT INSTITUTION. 17 3. SCIENTIFIC PEER REVIEW. THE CORPORATION SHALL ENGAGE THE SERVICES 18 OF CONSULTANTS ON A CONTRACT BASIS FOR THE PURPOSE OF CONDUCTING A 19 SCIENTIFIC PEER REVIEW OF ALL APPLICATIONS FOR GRANTS AND LOANS PURSUANT 20 TO SUBDIVISION ONE OF THIS SECTION. SUCH CONSULTANTS SHALL HAVE 21 SUBSTANTIAL EXPERIENCE IN THE ESTABLISHMENT AND MANAGEMENT OF SUCH 22 REVIEW AND SHALL MAKE RECOMMENDATIONS TO THE BIOMEDICAL RESEARCH ADVI- 23 SORY BOARD ESTABLISHED PURSUANT TO SUBDIVISION FIVE OF THIS SECTION. 24 4. FUNDS. THE FUND SHALL CONSIST OF SUCH AMOUNTS AS MAY BE APPROPRI- 25 ATED, ANY REPAYMENT OF THE PRINCIPAL AMOUNT OF ANY LOAN MADE FROM THE 26 FUND, AND ANY INTEREST EARNED BY THE CORPORATION FROM THE INVESTMENT OF 27 MONEYS OF THE FUND. 28 5. ADVISORY BOARD. THERE SHALL BE ESTABLISHED IN THE CORPORATION A 29 BIOMEDICAL RESEARCH ADVISORY BOARD WHICH SHALL OVERSEE THE PROCESS OF 30 PROVIDING FINANCIAL ASSISTANCE IN THE FORM OF GRANTS FOR SALARIES OF 31 BIOMEDICAL RESEARCHERS, STAFF SUPPORT AND NON-PERSONAL SERVICE AT 32 BIOMEDICAL RESEARCH INSTITUTIONS AND IN THE FORM OF WORKING CAPITAL 33 LOANS FOR PROJECTS AND NEW EQUIPMENT AT BIOMEDICAL RESEARCH INSTI- 34 TUTIONS. SUCH BOARD SHALL CONSIST OF SEVENTEEN VOTING MEMBERS TO BE 35 APPOINTED BY JULY 1, 2010. NINE MEMBERS SHALL BE APPOINTED BY THE GOVER- 36 NOR, THREE BY THE TEMPORARY PRESIDENT OF THE SENATE, THREE BY THE SPEAK- 37 ER OF THE ASSEMBLY, ONE BY THE MINORITY LEADER OF THE SENATE AND ONE BY 38 THE MINORITY LEADER OF THE ASSEMBLY. THE MEMBERS OF THE ADVISORY BOARD 39 SHALL BE RESIDENTS OF THE STATE AND SHALL BE PERSONS WITH SUBSTANTIAL 40 EXPERIENCE IN THE FIELD OF BIOMEDICAL RESEARCH. THE MEMBERS SHALL SERVE 41 FOR A TERM OF FOUR YEARS. THE MEMBERS SHALL CONTINUE IN OFFICE UNTIL THE 42 EXPIRATION OF THEIR TERMS AND UNTIL THEIR SUCCESSORS ARE APPOINTED AND 43 HAVE QUALIFIED. SUCH APPOINTMENTS SHALL BE MADE WITHIN ONE YEAR FOLLOW- 44 ING THE EXPIRATION OF SUCH TERMS. VACANCIES SHALL BE FILLED BY THE 45 APPOINTING OFFICIAL WHO ORIGINALLY APPOINTED SUCH MEMBER WITHIN ONE YEAR 46 OF THE DATE UPON WHICH SUCH VACANCIES OCCUR. THE ADVISORY BOARD SHALL 47 MEET AS FREQUENTLY AS ITS BUSINESS MAY REQUIRE, AND AT LEAST TWICE IN 48 EACH YEAR. ONE MEMBER SHALL BE ELECTED CHAIRPERSON OF THE ADVISORY BOARD 49 BY A MAJORITY VOTE OF THE MEMBERS OF SUCH BOARD. THE MEMBERS OF THE 50 ADVISORY BOARD SHALL SERVE WITHOUT COMPENSATION OTHER THAN REIMBURSEMENT 51 OF ACTUAL AND NECESSARY EXPENSES. IN ADDITION TO THESE VOTING MEMBERS, 52 THE CHAIRMAN OF THE CORPORATION, THE COMMISSIONER OF HEALTH, THE COMMIS- 53 SIONER OF MENTAL HEALTH AND THE COMMISSIONER OF MENTAL RETARDATION AND 54 DEVELOPMENTAL DISABILITIES OR THEIR DESIGNEES SHALL SERVE AS EX OFFICIO, 55 NON-VOTING MEMBERS OF THE ADVISORY BOARD. A. 4354 3 1 6. REPORTS. THE CHAIRMAN OF THE CORPORATION SHALL SUBMIT TO THE DIREC- 2 TOR OF THE DIVISION OF THE BUDGET, THE SPEAKER OF THE ASSEMBLY AND THE 3 TEMPORARY PRESIDENT OF THE SENATE AN EVALUATION OF THE EFFECTIVENESS OF 4 THE PROGRAM PREPARED BY AN ENTITY INDEPENDENT OF THE CORPORATION. THE 5 CORPORATION SHALL SELECT THE PROGRAM EVALUATOR THROUGH A REQUEST FOR 6 PROPOSAL PROCESS. SUCH EVALUATION SHALL DETERMINE WHETHER THE ASSISTANCE 7 PROVIDED HAS ENHANCED BIOMEDICAL RESEARCH IN THE STATE AND SHALL MAKE 8 RECOMMENDATIONS FOR IMPROVEMENTS WHICH WOULD MAKE THE PROGRAM MORE 9 EFFECTIVE. SUCH EVALUATION SHALL BE SUBMITTED BY JULY 1, 2011 AND JULY 10 FIRST EVERY TWO YEARS THEREAFTER. 11 S 3. This act shall take effect immediately.