S T A T E O F N E W Y O R K
________________________________________________________________________
6320--B
2011-2012 Regular Sessions
I N A S S E M B L Y
March 14, 2011
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Introduced by M. of A. LUPARDO, MAGNARELLI, GABRYSZAK -- read once and
referred to the Committee on Economic Development -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- again reported from said committee with amend-
ments, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the economic development law, in relation to the estab-
lishment of the centers of excellence program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The economic development law is amended by adding a new
2 article 19 to read as follows:
3 ARTICLE 19
4 CENTERS OF EXCELLENCE PROGRAM
5 SECTION 410. CENTERS OF EXCELLENCE PROGRAM.
6 S 410. CENTERS OF EXCELLENCE PROGRAM. THE CENTERS OF EXCELLENCE
7 PROGRAM IS HEREBY ESTABLISHED FOR THE PURPOSE OF FOSTERING COLLABORATION
8 BETWEEN THE ACADEMIC RESEARCH COMMUNITY AND THE BUSINESS SECTOR TO
9 DEVELOP AND COMMERCIALIZE NEW PRODUCTS AND TECHNOLOGIES, TO PROMOTE
10 CRITICAL PRIVATE SECTOR INVESTMENT IN EMERGING HIGH TECHNOLOGY FIELDS IN
11 NEW YORK STATE, AND TO CREATE AND EXPAND TECHNOLOGY-RELATED BUSINESSES
12 AND EMPLOYMENT.
13 1. SUCH CENTERS ARE DESIGNATED TO OPERATE PURSUANT TO SECTION THREE OF
14 PART T OF CHAPTER EIGHTY-FOUR OF THE LAWS OF TWO THOUSAND TWO IN AREAS
15 IDENTIFIED BY THE DEPARTMENT AS HAVING SIGNIFICANT POTENTIAL FOR ECONOM-
16 IC GROWTH IN NEW YORK, OR IN WHICH THE APPLICATION OF NEW TECHNOLOGIES
17 COULD SIGNIFICANTLY ENHANCE THE PRODUCTIVITY AND STABILITY OF NEW YORK
18 BUSINESSES.
19 2. AS A CONDITION OF RECEIPT OF SUPPORT AUTHORIZED PURSUANT TO THIS
20 SECTION, EACH CENTER SHALL ANNUALLY SUBMIT TO THE DEPARTMENT A PLAN FOR
21 COMMERCIALIZING PRODUCTS OR PROCESSES BASED ON INNOVATIONS DEVELOPED AT
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08914-05-1
A. 6320--B 2
1 CENTER FACILITIES, AND SPECIFICALLY SUCH CENTER'S STRATEGY FOR COMMER-
2 CIALIZING SUCH PRODUCTS OR PROCESSES WITHIN NEW YORK STATE.
3 3. (A) FROM SUCH FUNDS AS MAY BE APPROPRIATED FOR THIS PURPOSE BY THE
4 LEGISLATURE, THE DEPARTMENT MAY PROVIDE FINANCIAL SUPPORT, THROUGH
5 CONTRACTS OR OTHER MEANS, IN ORDER TO ENHANCE AND ACCELERATE CENTER
6 OPERATIONS IN JOINT UNIVERSITY/INDUSTRY RESEARCH AND DEVELOPMENT, PROD-
7 UCT COMMERCIALIZATION, AND WORKFORCE TRAINING. FUNDS RECEIVED PURSUANT
8 TO THIS SUBDIVISION MAY BE USED FOR THE EMPLOYMENT OF FACULTY AND STAFF,
9 PROVISION OF GRADUATE FELLOWSHIPS, OR OTHER OPERATING EXPENSES THAT ARE
10 ALIGNED WITH THE CENTER'S COMMERCIALIZATION STRATEGY AND APPROVED BY THE
11 DEPARTMENT.
12 (B) FUNDS SHALL BE MATCHED ON A ONE TO ONE BASIS BY THE INSTITUTION
13 RECEIVING THE FUNDS AND COLLABORATIVE PARTNERS IN THE FORM OF CASH OR
14 IN-KIND PERSONNEL, EQUIPMENT, MATERIAL DONATIONS, AND OTHER FACILITY AND
15 OPERATIONS EXPENDITURES.
16 4. (A) THE COMMISSIONER SHALL, ON OR BEFORE FEBRUARY FIRST, TWO THOU-
17 SAND TWELVE AND EVERY YEAR THEREAFTER, SUBMIT TO THE GOVERNOR, THE
18 MAJORITY LEADER OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY A REPORT
19 ON THE OPERATIONS AND ACCOMPLISHMENTS OF THE CENTERS OF EXCELLENCE.
20 (B) THE ANNUAL REPORT SHALL PROVIDE, BUT NOT BE LIMITED TO, THE
21 FOLLOWING INFORMATION FOR EACH CALENDAR YEAR:
22 (I) THE PURPOSES FOR WHICH CENTER FACILITIES, EQUIPMENT, AND PERSONNEL
23 WERE UTILIZED;
24 (II) A DETAILED OPERATING BUDGET, INCLUDING THE AMOUNT OF STATE FUNDS
25 RECEIVED, AS WELL AS IDENTIFICATION OF EACH SOURCE OF FEDERAL, STATE,
26 LOCAL OR PRIVATE FUNDS, INCLUDING IN-KIND CONTRIBUTIONS;
27 (III) AN ACCOUNTING OF CAPITAL EXPENDITURES, IDENTIFYING THE AMOUNT OF
28 STATE FUNDS UTILIZED, AS WELL AS EACH SOURCE OF FEDERAL, STATE, LOCAL,
29 OR PRIVATE FUNDS, INCLUDING IN-KIND CONTRIBUTIONS;
30 (IV) A DESCRIPTION OF THE GOVERNANCE STRUCTURE OF THE CENTER INCLUDING
31 THE RESPECTIVE ROLES OF COLLABORATING PARTNERS;
32 (V) THE ECONOMIC IMPACT OF THE ACTIVITIES UNDERTAKEN WITH STATE FUNDS,
33 INCLUDING SUCH FACTORS AS JOBS CREATED AND MAINTAINED; THE NUMBER OF
34 PATENTS AWARDED TO THE COLLEGE OR UNIVERSITY OR ANY PRIVATE ENTITY AND
35 ASSOCIATED LICENSING REVENUES; AND AWARDS, DESIGNATIONS AND OTHER TANGI-
36 BLE EVIDENCE OF RECOGNITION; AND THE METHODOLOGY UTILIZED TO DETERMINE
37 SUCH IMPACT;
38 (VI) THE ACTUAL OR ANTICIPATED NEW PRODUCTS AND PROCESSES WITH COMMER-
39 CIAL APPLICATION OF IMPORTANCE TO THE INDUSTRIES IN THE STATE;
40 (VII) A DESCRIPTION OF ANY RELATIONSHIPS WITH SECONDARY SCHOOLS AND
41 COMMUNITY COLLEGES DESIGNED TO FOSTER STUDENT INTEREST IN SCIENTIFIC AND
42 TECHNICAL CAREERS; AND
43 (VIII) A DESCRIPTION OF EACH RESEARCH SPONSORSHIP AGREEMENT, INTELLEC-
44 TUAL PROPERTY OWNERSHIP AGREEMENT, INTELLECTUAL PROPERTY LICENSE AGREE-
45 MENT, OR ANY OTHER AGREEMENTS ENTERED INTO BETWEEN THE STATE FUNDED
46 RESEARCH INSTITUTIONS AND EACH RESEARCH PARTNER.
47 5. THE COMMISSIONER SHALL, ON OR BEFORE FEBRUARY FIRST, TWO THOUSAND
48 TWELVE AND EVERY YEAR THEREAFTER, SUBMIT TO THE GOVERNOR, THE MAJORITY
49 LEADER OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY AN OVERALL STRATE-
50 GIC PLAN FOR THE CENTERS OF EXCELLENCE PROGRAM.
51 (A) THE PLAN SHALL INCLUDE THE BROAD FOCUS AND MISSION OF THE CENTER
52 AND THE STRATEGIES USED TO DETERMINE THAT FOCUS INCLUDING BUT NOT LIMIT-
53 ED TO COLLABORATION WITH LOCAL AND REGIONAL ECONOMIC DEVELOPMENT ENTI-
54 TIES TO DETERMINE CURRENT AND EMERGING HIGH-TECH INDUSTRY CLUSTERS.
A. 6320--B 3
1 (B) SUCH PLAN SHALL ALSO INCLUDE THE METRICS THAT WILL BE USED TO
2 DETERMINE WHETHER AND TO WHAT DEGREE EACH CENTER IS MAINTAINING ITS
3 FOCUS AND FULFILLING ITS MISSION.
4 (C) THE PLAN SHALL BE ASSESSED BY THE GOVERNING BOARD OF THE CENTER
5 AND REVISED ANNUALLY AS APPROPRIATE. ANY REVISIONS SHALL BE SUBMITTED TO
6 THE DEPARTMENT FOR APPROVAL.
7 S 2. This act shall take effect immediately.