Bill Text: NY A08289 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to the general powers and duties of the department and the designation of centers for advanced technology.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2012-06-05 - reported referred to ways and means [A08289 Detail]
Download: New_York-2011-A08289-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
8289
2011-2012 Regular Sessions
I N A S S E M B L Y
June 10, 2011
___________
Introduced by M. of A. SCHIMMINGER, LUPARDO, GABRYSZAK -- read once and
referred to the Committee on Economic Development
AN ACT to amend the economic development law, in relation to the general
powers and duties of the department and the designation of centers for
advanced technology
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The opening paragraph, paragraph (b) of subdivision 15,
2 subdivisions 16-a, 18-a, 18-b, 18-c, 18-d, 18-e, 18-f, 18-g, paragraph
3 (a) of subdivision 19, subdivisions 21, 25, 26, 27, 28, 29, 30, 31, 32,
4 33, 34, 35, 36, 37, 37-a, 37-b, 38, 39, 40, 40-a, 41, 41, 42, 43, 44, 45
5 and 46 of section 100 of the economic development law, the opening para-
6 graph and subdivision 33 as amended by chapter 839 of the laws of 1987,
7 paragraph (b) of subdivision 15 as amended by chapter 446 of the laws of
8 1990, subdivision 16-a as added by chapter 603 of the laws of 2003,
9 subdivision 18-a as added by chapter 499 of the laws of 1984, subdivi-
10 sion 18-b as added by chapter 490 of the laws of 1993, subdivision 18-c
11 as added by chapter 212 of the laws of 1996, subdivision 18-d as added
12 by chapter 625 of the laws of 1997, subdivision 18-e as added by chapter
13 550 of the laws of 1999, subdivisions 18-f and 18-g as added by chapter
14 106 of the laws of 2003, paragraph (a) of subdivision 19 as amended by
15 section 1 of part FF of chapter 59 of the laws of 2006, subdivision 21
16 as amended by chapter 420 of the laws of 1968, subdivision 25 as added
17 by chapter 590 of the laws of 1961, subdivision 26 as added by chapter
18 443 of the laws of 1961, subdivision 27 as added by chapter 820 of the
19 laws of 1966, subdivision 28 as amended by chapter 939 of the laws of
20 1970, subdivisions 29, 30, 31, 32 and 34 as added by chapter 947 of the
21 laws of 1968, subdivisions 35 and 37 as added by chapter 338 of the laws
22 of 1978, subdivision 36 as amended by chapter 697 of the laws of 1984,
23 subdivisions 21, 25, 26, 27, 28, 29, 30, 31, 32, 34, 35, 37 and 38 as
24 renumbered by chapter 437 of the laws of 1983, subdivision 37-a as added
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11570-04-1
A. 8289 2
1 by chapter 203 of the laws of 1984, subdivision 37-b as added by chapter
2 524 of the laws of 2005, subdivision 38 as added by chapter 614 of the
3 laws of 1982, subdivision 39 as added by chapter 1008 of the laws of
4 1984, subdivision 40 as added by chapter 202 of the laws of 1992, subdi-
5 vision 40-a as added by chapter 307 of the laws of 1993, subdivisions
6 41, 42 and 43 as added by chapter 441 of the laws of 1993, subdivision
7 41 as added by chapter 705 of the laws of 1993, subdivision 44 as added
8 by chapter 207 of the laws of 1997, subdivision 45 as added by section 3
9 of part DD of chapter 59 of the laws of 2006 and subdivision 46 as
10 amended by section 2 of part O of chapter 60 of the laws of 2011, are
11 amended, subdivision 47, as renumbered by chapter 427 of the laws of
12 2008, is renumbered subdivision 52 and five new subdivisions 47, 48, 49,
13 50 and 51 are added to read as follows:
14 The commissioner acting by and through the department of economic
15 development shall have power and it shall be his OR HER duty:
16 (b) in the discharge of this power, the commissioner may enter into a
17 contract for publication of a state travel guide to promote tourism.
18 Such contract may provide for the sale of advertising by the contractor.
19 A contract for publication of a state travel guide shall be awarded
20 following consideration of factors which shall include, but not be
21 limited to, the most favorable financial advantage for the state, the
22 best representation of the state of New York and its services, and the
23 greatest utility to the traveller. The commissioner shall promulgate
24 regulations by the first day of November next succeeding the effective
25 date of this paragraph to guide the preparation of bids and the dead-
26 lines for selection of a competent contractor and publication of the
27 state travel guide. The regulations shall, at a minimum, limit advertis-
28 ing content to no more than thirty percent of the space available and
29 establish responsibility for preparation and placement of appropriate
30 editorial content and an equitable listing without charge or other
31 consideration of attractions and activities available to the tourist in
32 New York state. Such regulations shall provide for approval of the
33 commissioner at critical stages of state travel guide development and
34 advertising standards and rates. Furthermore, such regulations shall
35 provide minimum financial terms and responsibilities of the state and
36 the contractor, the allocation of any revenues derived from the
37 production of the travel guide and securities which shall be required of
38 the contractor[.];
39 16-a. to promote the growth of fruit growing, fruit processing, and
40 winery businesses in cooperation with the commissioner of agriculture
41 and markets and the urban development corporation. The commissioner in
42 promoting such businesses may also help to promote tourist programs
43 specified in subdivision sixteen of this section and encourage the
44 retention of agricultural lands and preservation of open spaces[.];
45 18-a. to establish, in cooperation with the commissioner of agricul-
46 ture and markets and the state liquor authority, procedures for propos-
47 ing to the governor nominations for annual awards to be known as "New
48 York state wine retailers awards". These non-monetary awards shall be
49 given in recognition of unusual efforts made by restaurants, and/or
50 retailers licensed to sell alcoholic beverages for off-premises consump-
51 tion, to inform consumers as to the availability, diversity and excel-
52 lence of wines made in the state from grapes grown in the state, and to
53 feature these wines. The governor shall, at his discretion, issue up to
54 three awards annually[.];
A. 8289 3
1 18-b. to promote, in cooperation with the New York wine and grape
2 foundation, state policies that will encourage the production and sale
3 of New York [labelled] LABELED wines[.];
4 18-c. to establish, in cooperation with the commissioner of agricul-
5 ture and markets, procedures for proposing nominations to the governor
6 for three annual, non-monetary awards to be known as: (a) New York State
7 Direct Farm Marketing Award; (b) New York State Agri-Tourism Award; and
8 (c) New York State Specialty Food Product Award. These awards shall be
9 given in recognition of unusual efforts by farmers, food processors and
10 food retailers for the marketing of New York state grown agricultural
11 commodities or foods processed from or primarily containing New York
12 state agricultural commodities and for promoting New York state farms
13 that are also tourist destinations[.];
14 18-d. [To] TO establish, in consultation with the New York state tour-
15 ism advisory council, a New York hall of fame passport permitting admis-
16 sion to recognized halls of fame situated within the state[.];
17 18-e. to establish, in cooperation with the urban development corpo-
18 ration and the commissioner of agriculture and markets and other econom-
19 ic development agencies a program to promote the agriculture industry
20 and other related industries in the state in a manner consistent with
21 the provisions of article five-D of this chapter[.];
22 18-f. to establish procedures, guidelines or regulations related to
23 implementation of the "NY-USA Proud" employer of distinction award.
24 These non-monetary awards shall be given in recognition of companies
25 that show exceptional support for military personnel including military
26 reservists and national guard members. To promote and market such award,
27 the commissioner may design an appropriate symbol that may be registered
28 as a trademark in the office of the secretary of state. Any such trade-
29 mark shall be registered by the secretary of state without the exaction
30 of any fee therefor. The commissioner may in his or her discretion
31 register any such mark with the United States government and any other
32 state or foreign country[.];
33 18-g. to establish procedures, guidelines or regulations related to
34 implementation of the "Patriot Support and Discount Program". This
35 voluntary program shall recognize those merchants, businesses or compa-
36 nies that provide exceptional support to their employees who serve in
37 the military, including military reservists and national guard members,
38 or agree to provide reduced price discounts for merchandise and services
39 for military personnel including military reservists and national guard
40 members. At the discretion of the commissioner, participating merchants,
41 businesses or companies may become eligible for inclusion in the "NY-USA
42 Proud" program[.];
43 (a) to study changes in and to suggest policies for the economic
44 development and conservation of the resources of the state and to devel-
45 op an annual statewide economic development strategic plan. Such strate-
46 gic plan, shall include but shall not be limited to, a statewide inven-
47 tory of all industry associations and clusters; a list of industries
48 that have a competitive advantage; and a list of industries that demon-
49 strate the potential for growth. [The department shall work in cooper-
50 ation with the New York State Foundation for Science, Technology and
51 Innovation in creating the strategic plan.] The annual statewide econom-
52 ic development strategic plan shall be submitted to the temporary presi-
53 dent of the senate and the speaker of the assembly on January first, two
54 thousand [eight] TWELVE and every year thereafter.
55 21. to inquire into and report to the governor when requested by him
56 OR HER, with respect to any program of public state improvements and the
A. 8289 4
1 financing thereof; and to request and obtain information from the state
2 department of transportation and other state departments or agencies
3 such information and data as may be needed properly to report thereon;
4 25. [To] TO act as the agent of the state and its political subdivi-
5 sions for the purpose of approving applicants for financial assistance
6 from any federal agency for industrial development or redevelopment
7 purposes, whenever the terms of any act of congress heretofore or here-
8 after enacted for such purposes require the state or any political
9 subdivision thereof to approve applicants for such assistance, and to
10 take any further action which may be required under the terms of such
11 act[.];
12 26. [To] TO provide all necessary staff services, accounting, clerical
13 and secretarial assistance, and office space and equipment requested by
14 the New York job development authority[.];
15 27. [To] TO act as the agent of the state to administer, carry out and
16 coordinate any federal law now or hereafter enacted by the congress to
17 promote economic growth by supporting state and regional centers to
18 place the findings of science usefully in the hands of American enter-
19 prise and, for such purposes, to receive federal funds for technical
20 services programs and enter into any necessary contracts or compacts in
21 connection therewith, to take any further action which may be required
22 under the terms of any such federal act, including but not limited to
23 the establishment and operation of state or regional technical informa-
24 tion centers[.];
25 28. [To] TO provide all necessary staff services, accounting, clerical
26 and secretarial assistance and office space and equipment requested by
27 the New York state job incentive board[.];
28 29. to advise the governor, the legislature and other state agencies
29 with regard to research and development and the establishment of state
30 policies relating thereto, in connection with science oriented industry
31 and applied research[.];
32 30. to cooperate with all private persons and governmental entities
33 concerned with science oriented industry and applied research[.];
34 31. to sponsor, foster and support research and to sponsor or conduct
35 studies relating to science oriented industry and applied research[.];
36 32. to review and evaluate the status and to encourage and promote the
37 development of science oriented industry and applied research designed
38 to further new and more extensive use of the resources and manpower of
39 the state[.];
40 33. [the department shall] TO adopt, amend or rescind, in accordance
41 with the state administrative procedure act, such rules, regulations and
42 orders as may be necessary or convenient to the performance of its func-
43 tions, powers and duties under this chapter. Such rules and regulations
44 shall be consistent with any program plans required by subdivision nine-
45 teen of THIS section [one hundred of this chapter.];
46 34. [the department may] TO, AT HIS OR HER DISCRETION, enter into
47 contracts with any person, firm, corporation or governmental agency, and
48 do all things necessary or convenient to carry out the functions, powers
49 and duties expressly set forth in this article[.];
50 35. to promote, publish, and disseminate the rules and regulations
51 promulgated by the [industrial] commissioner OF LABOR pursuant to arti-
52 cle twenty-six of the labor law[.];
53 36. (a) [The commissioner shall] TO solicit research firms to evaluate
54 the promotional effectiveness and economic impact of the department's
55 tourism advertising campaigns[. The commissioner shall] AND TO cause
56 said research firms to submit to the department and the legislative
A. 8289 5
1 fiscal committees, at least six weeks prior to the conducting of their
2 research, a research design indicating the techniques planned to measure
3 such promotional effectiveness and economic impact; provided, however,
4 that no firm selected shall do both the promotional effectiveness and
5 economic impact studies nor shall have participated in the development
6 of marketing the tourism campaign[.];
7 (b) [The commissioner shall] TO submit all preliminary reports of such
8 firms to the legislative fiscal committees within two weeks of receipt
9 of such reports; the final reports shall be submitted by the commission-
10 er to the legislative fiscal committees and the tourism advisory council
11 no later than December first of each year[.];
12 37. to review and evaluate the economic impact of the downhill ski
13 industry on the state's economy and to advise the governor, legislature,
14 and other state agencies of the results of such review and
15 evaluation[.];
16 37-a. [The commissioner shall] TO make an annual report to the gover-
17 nor and legislature on or before the fifteenth day of May for the
18 preceding calendar year. It shall include a summary of all contacts
19 received from business entities by the department, including the depart-
20 ment's [district] REGIONAL offices. The report shall set forth the types
21 of contacts, the purposes of such contacts and include a summary of the
22 results of all such contacts by business entities. The report shall also
23 indicate which contacts were made by small business concerns as defined
24 by section one hundred thirty-five-a of the state finance law. No
25 provision of this subdivision shall be deemed to require or authorize
26 the disclosure of confidential information or trade secrets[.];
27 37-b. [The requirements to report contained in the following
28 provisions of this chapter shall be satisfied, notwithstanding any
29 inconsistent provision appearing therein, by the commissioner who shall]
30 TO consolidate into one combined annual report, NOTWITHSTANDING ANY
31 INCONSISTENT PROVISION OF THIS CHAPTER, all of the information required
32 to be submitted in separate reports by the following provisions of this
33 chapter. This consolidated annual report of the commissioner shall be
34 submitted to the governor and the legislature on or before October first
35 of each year and shall replace the requirements for separate reports
36 contained in the following provisions of this chapter. In order to
37 fulfill his or her responsibility under this subdivision, the commis-
38 sioner may require the submission to him or her a sufficient period of
39 time in advance of October first of each year by any advisory committee
40 or other body required to submit a report pursuant to the following
41 provisions of this chapter of all information which would otherwise be
42 required to be included in the report of such advisory committee or
43 other body. The following provisions of this chapter containing require-
44 ments to submit recurring reports shall be subject to the requirements
45 of this subdivision:
46 (a) Section one hundred ninety-five, on the operation and accomplish-
47 ments of the industrial effectiveness program.
48 (b) Paragraph (a) of subdivision seven of section two hundred two,
49 regarding the current status of the skills development assistance
50 program.
51 (c) Subdivision two of section two hundred thirteen, submitting the
52 results of the annual evaluation of the entrepreneurial assistance
53 programs established under article nine.
54 (d) Subdivision two of section two hundred twenty-three, reporting the
55 results of the annual evaluation of the effectiveness of the export
A. 8289 6
1 trade development projects and other technical assistance programs
2 authorized under article ten.
3 (e) Paragraph (a) of subdivision three of section two hundred forty-
4 one, submitting the annual findings and recommendations of the advisory
5 council on economic information and research.
6 (f) Subdivision eight of section two hundred fifty, regarding the
7 current status of the industrial infrastructure development program.
8 (G) SUBDIVISION TWO OF SECTION THREE HUNDRED SIXTY-ONE, REGARDING THE
9 EMERGING TECHNOLOGIES INDUSTRIAL CLASSIFICATIONS.
10 (H) SUBDIVISION FIVE OF SECTION THREE HUNDRED SIXTY-TWO, REGARDING THE
11 CENTERS FOR ADVANCED TECHNOLOGY.
12 (I) SUBDIVISIONS FOUR AND FIVE OF SECTION THREE HUNDRED SIXTY-THREE,
13 REGARDING THE CENTERS OF EXCELLENCE.
14 (J) SECTION THREE HUNDRED SIXTY-FOUR REGARDING THE TECHNOLOGY DEVELOP-
15 MENT ORGANIZATION PROGRAM.
16 (K) SECTION THREE HUNDRED SIXTY-FIVE REGARDING THE SCIENCE AND TECH-
17 NOLOGY LAW CENTER;
18 38. to contract for and to accept any gifts or grants or loans of
19 funds or property of financial or other aid in any form from the federal
20 government or any agency or instrumentality thereof, or from the state
21 or any agency or instrumentality thereof, or from any other source, for
22 any or all of the purposes specified in this chapter, with the terms and
23 conditions thereof; [and]
24 39. (a) [To] TO assist the superintendent of banks to solicit, evalu-
25 ate, develop and provide information to banking corporations, principal-
26 ly engaged in doing business within the state, about various methods
27 used by banking corporations to provide financing for businesses engaged
28 in the export of products and services to foreign countries.
29 (b) [The commissioner shall] TO evaluate such information as may be
30 available to the department and help identify local regional banking
31 corporations currently serving the state exporters and shall assist the
32 superintendent of banks in determining the status of local and regional
33 banking corporations in export financing so that in cooperation with the
34 banking department, a program shall be developed by which new banking
35 corporations may be brought into the export financing sector and poten-
36 tial and current state exporters may be given a wider choice of avail-
37 able financing sources for medium and small export transactions.
38 (c) [The commissioner shall] TO further inform the superintendent of
39 banks of any changes which the department projects may occur in the
40 international business community about which the commissioner may become
41 aware so that the superintendent of banks may provide the most timely
42 and accurate information to the state banking community.
43 (d) [The commissioner shall] TO promote, publish and disseminate
44 information concerning the current export trade engaged in by corpo-
45 rations doing business in the state, in [particularly] PARTICULAR iden-
46 tifying those areas, fields of endeavor and under-utilized industrial
47 resources which could be exported in greater volume creating an
48 increased need for financing by local and regional banks[.];
49 40. to assist the secretary of state to promote and make information
50 available regarding technical and financial assistance for waterfront
51 revitalization programs for economically distressed and severely econom-
52 ically distressed municipalities on inland waterways[, as provided by
53 section nine hundred fifteen-a of the executive law.];
54 40-a. to develop a plan to maximize the use of telecommuting to
55 conserve energy otherwise used by the personnel of the department in
56 commuting to their assigned workplace. Within one year of the effective
A. 8289 7
1 date of this subdivision, the department shall submit a report to the
2 governor and the legislature on the impact of such plan to include, but
3 not be limited to, energy conservation, air quality, workforce accept-
4 ance, office costs and potential cost savings[.];
5 41. [To] TO investigate innovative approaches to private sector work
6 and employee compensation arrangements, such as flexible hours and job
7 sharing, flexible compensation and benefit plans including employee
8 assistance programs, employer-supported dependent care and family leave,
9 which will benefit both employers and employees by improving productiv-
10 ity and morale, lowering rates of absenteeism, tardiness and turnover,
11 and enhancing a company's image[.];
12 [41.] 41-A. to administer and operate a linked deposit program pursu-
13 ant to article fifteen of the state finance law[.];
14 42. [To] TO promote the advantages of such flexible work arrangements
15 and benefit plans to business organizations and associations and to
16 individual firms and to assist such groups or firms with instituting
17 such arrangements and benefit plans[.];
18 43. [To] TO work with the New York job development authority, the New
19 York state urban development corporation and other economic development
20 agencies in promoting the inclusion of dependent care facilities as part
21 of business expansion, industrial park, multi-tenant building or other
22 projects assisted by the authority, the corporation or other
23 agencies[.];
24 44. to foster and promote, and to enlist the New York job development
25 authority, the New York urban development corporation and other public
26 authorities, public benefit corporations and state agencies to foster
27 and promote, the re-use and rehabilitation of existing buildings or
28 sites, or both, as part of business expansion, industrial park, multi-
29 tenant building or other projects assisted by a public authority, a
30 public benefit corporation and/or a state agency[.];
31 45. to license, maintain and lease where appropriate an official
32 brand, "I Love NY". Such brand shall be maintained, leased and applied
33 pursuant to section one hundred fifty-two of this chapter[.];
34 46. to prepare an annual summary for the small business community of
35 the key legislative, budgetary and regulatory changes impacting small
36 businesses. Agencies shall cooperate with the department in developing
37 the annual summary. The annual summary shall be written in plain
38 language and shall provide specific contact information within the
39 appropriate agency for inquiries regarding implementation and compli-
40 ance. The annual summary shall be posted on the department website on or
41 before September first of each year[.];
42 47. TO ENCOURAGE AND COORDINATE PROGRAMS AND INVESTMENTS WHICH ADVANCE
43 THE COMPETITIVENESS OF NEW YORK BUSINESSES IN THE GLOBAL ECONOMY THROUGH
44 THE PROMOTION OF TECHNOLOGY, INNOVATION AND COMMERCIALIZATION THROUGHOUT
45 THE STATE'S REGIONS;
46 48. TO DEVELOP POLICIES AND IMPLEMENT PROGRAMS WHICH PROMOTE AN ENTRE-
47 PRENEURIAL BUSINESS ENVIRONMENT, ADVANCE NEW TECHNOLOGIES, AND ENCOURAGE
48 THE DEVELOPMENT OF AN INNOVATIVE AND COMPETITIVE WORK FORCE;
49 49. TO COORDINATE AND ADVANCE STATEWIDE AND REGIONAL INITIATIVES TO
50 MARKET STATE BUSINESSES, AND RESEARCH ACTIVITIES RELATED TO ECONOMIC
51 DEVELOPMENT AND OPPORTUNITIES AT ACADEMIC AND RESEARCH INSTITUTIONS AND
52 COMMUNITY-BASED AND ECONOMIC DEVELOPMENT INITIATIVES WITHIN THE STATE
53 AND AT THE NATIONAL AND INTERNATIONAL LEVEL;
54 50. TO DEVELOP OR SELECT ANALYTICAL TOOLS AND METHODS TO ASSES SUCH
55 ELEMENTS AS THE ACHIEVEMENT OF GOALS AND OBJECTIVES, THE QUALITY OF
56 RESEARCH CONDUCTED BY AWARD RECIPIENTS, THE LEVEL OF TECHNOLOGY
A. 8289 8
1 DIFFUSION AND COMMERCIALIZATION RESULTING FROM STATE ASSISTANCE, THE
2 ECONOMIC BENEFITS REALIZED BY AWARD RECIPIENTS, THE IMPACT ON EMPLOY-
3 MENT, GROSS STATE PRODUCT, TAXES, REVENUES, AND BUSINESS CREATION AND
4 EXPANSION IN NEW YORK STATE, THE ECONOMIC BENEFIT TO REGIONS OF THE
5 STATE, AND NON-ECONOMIC BENEFITS SUCH AS IMPROVEMENTS IN PUBLIC HEALTH
6 AND SAFETY OR IN THE NATURAL OR BUILT ENVIRONMENT;
7 51. TO REQUEST AND RECEIVE FROM STATE AGENCIES AND AUTHORITIES AND
8 FROM GRANT RECIPIENTS RELEVANT INFORMATION AND DOCUMENTATION, EXCEPT FOR
9 INFORMATION PROTECTED BY NONDISCLOSURE AGREEMENTS, NECESSARY FOR ANY
10 REPORTS; AND
11 S 2. The economic development law is amended by adding five new
12 sections 361, 362, 363, 364 and 365 to read as follows:
13 S 361. EMERGING TECHNOLOGY INDUSTRIAL CLASSIFICATION. 1. AS USED IN
14 THIS SECTION:
15 (A) "EMERGING TECHNOLOGIES" SHALL MEAN:
16 (I) ADVANCED MATERIALS AND PROCESSING TECHNOLOGIES THAT INVOLVE THE
17 DEVELOPMENT, MODIFICATION, OR IMPROVEMENT OF ONE OR MORE MATERIALS OR
18 METHODS TO PRODUCE DEVICES AND STRUCTURES WITH IMPROVED PERFORMANCE
19 CHARACTERISTICS OR SPECIAL FUNCTIONAL ATTRIBUTES, OR TO ACTIVATE, SPEED
20 UP, OR OTHERWISE ALTER CHEMICAL, BIOCHEMICAL, OR MEDICAL PROCESSES. SUCH
21 TECHNOLOGIES SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING: METAL
22 ALLOYS, METAL MATRIX AND CERAMIC COMPOSITES, ADVANCED POLYMERS, THIN
23 FILMS, MEMBRANES, SUPERCONDUCTORS, ELECTRONIC AND PHOTONIC MATERIALS,
24 BIOACTIVE MATERIALS, BIOPROCESSING, GENETIC ENGINEERING, CATALYSTS,
25 WASTE EMISSIONS REDUCTION AND WASTE PROCESSING TECHNOLOGIES;
26 (II) ENGINEERING, PRODUCTION, AND DEFENSE TECHNOLOGIES THAT INVOLVE
27 KNOWLEDGE-BASED CONTROL SYSTEMS AND ARCHITECTURES, ADVANCED FABRICATION
28 AND DESIGN PROCESSES, EQUIPMENT, AND TOOLS, OR PROPULSION, NAVIGATION,
29 GUIDANCE, NAUTICAL, AERONAUTICAL AND ASTRONAUTICAL GROUND AND AIRBORNE
30 SYSTEMS, INSTRUMENTS, AND EQUIPMENT. SUCH TECHNOLOGIES SHALL INCLUDE,
31 BUT NOT BE LIMITED TO, THE FOLLOWING: COMPUTER-AIDED DESIGN AND ENGI-
32 NEERING, COMPUTER-INTEGRATED MANUFACTURING, ROBOTICS AND AUTOMATED
33 EQUIPMENT, INTEGRATED CIRCUIT FABRICATION AND TEST EQUIPMENT, SENSORS,
34 BIOSENSORS, SIGNAL AND IMAGE PROCESSING, MEDICAL AND SCIENTIFIC INSTRU-
35 MENTS, PRECISION MACHINING AND FORMING, BIOLOGICAL AND GENETIC RESEARCH
36 EQUIPMENT, ENVIRONMENTAL ANALYSIS, REMEDIATION, CONTROL, AND PREVENTION
37 EQUIPMENT, DEFENSE COMMAND AND CONTROL EQUIPMENT, AVIONICS AND CONTROLS,
38 GUIDED MISSILE AND SPACE VEHICLE PROPULSION UNITS, MILITARY AIRCRAFT,
39 SPACE VEHICLES, AND SURVEILLANCE, TRACKING, AND DEFENSE WARNING SYSTEMS;
40 (III) ELECTRONIC AND PHOTONIC DEVICES AND COMPONENTS FOR USE IN
41 PRODUCING ELECTRONIC, OPTOELECTRONIC, MECHANICAL EQUIPMENT AND PRODUCTS
42 OF ELECTRONIC DISTRIBUTION WITH INTERACTIVE MEDIA CONTENT. SUCH TECHNOL-
43 OGIES SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING: MICRO-
44 PROCESSORS, LOGIC CHIPS, MEMORY CHIPS, LASERS, PRINTED CIRCUIT BOARD
45 TECHNOLOGY, ELECTROLUMINESCENT, LIQUID CRYSTAL, PLASMA, AND VACUUM
46 FLUORESCENT DISPLAYS, OPTICAL FIBERS, MAGNETIC AND OPTICAL INFORMATION
47 STORAGE, OPTICAL INSTRUMENTS, LENSES, AND FILTERS, SIMPLEX AND DUPLEX
48 DATA BASES, AND SOLAR CELLS;
49 (IV) INFORMATION AND COMMUNICATION TECHNOLOGIES, EQUIPMENT AND SYSTEMS
50 THAT INVOLVE ADVANCED COMPUTER SOFTWARE AND HARDWARE, VISUALIZATION
51 TECHNOLOGIES, AND HUMAN INTERFACE TECHNOLOGIES. SUCH TECHNOLOGIES SHALL
52 INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING: OPERATING AND APPLICA-
53 TIONS SOFTWARE, ARTIFICIAL INTELLIGENCE, COMPUTER MODELING AND SIMU-
54 LATION, HIGH-LEVEL SOFTWARE LANGUAGES, NEURAL NETWORKS, PROCESSOR ARCHI-
55 TECTURE, ANIMATION AND FULL-MOTION VIDEO, GRAPHICS HARDWARE AND
56 SOFTWARE, SPEECH AND OPTICAL CHARACTER RECOGNITION, HIGH-VOLUME INFORMA-
A. 8289 9
1 TION STORAGE AND RETRIEVAL, DATA COMPRESSION, BROADBAND SWITCHING,
2 MULTIPLEXING, DIGITAL SIGNAL PROCESSING, AND SPECTRUM TECHNOLOGIES;
3 (V) BIOTECHNOLOGIES, WHICH SHALL BE DEFINED AS TECHNOLOGIES INVOLVING
4 THE SCIENTIFIC MANIPULATION OF LIVING ORGANISMS, ESPECIALLY AT THE
5 MOLECULAR AND/OR THE SUB-MOLECULAR GENETIC LEVEL, TO PRODUCE PRODUCTS
6 CONDUCIVE TO IMPROVING THE LIVES AND HEALTH OF PLANTS, ANIMALS, AND
7 HUMANS; AND THE ASSOCIATED SCIENTIFIC RESEARCH, PHARMACOLOGICAL, MECHAN-
8 ICAL, AND COMPUTATIONAL APPLICATIONS AND SERVICES CONNECTED WITH THESE
9 IMPROVEMENTS. ACTIVITIES INCLUDED WITH SUCH APPLICATIONS AND SERVICES
10 SHALL INCLUDE, BUT NOT BE LIMITED TO, ALTERNATIVE MRNA SPLICING, DNA
11 SEQUENCE AMPLIFICATION, ANTIGENETIC SWITCHING, BIOAUGMENTATION, BIOEN-
12 RICHMENT, BIOREMEDIATION, CHROMOSOME WALKING, CYTOGENETIC ENGINEERING,
13 DNA DIAGNOSIS, FINGERPRINTING, AND SEQUENCING, ELECTROPORATION, GENE
14 TRANSLOCATION, GENETIC MAPPING, SITE-DIRECTED MUTAGENESIS, BIO-TRANSDUC-
15 TION, BIO-MECHANICAL AND BIO-ELECTRICAL ENGINEERING, AND BIO-INFORMAT-
16 ICS; AND
17 (VI) REMANUFACTURING TECHNOLOGIES, WHICH SHALL BE DEFINED AS PROCESSES
18 WHEREBY ELIGIBLE COMMODITIES ARE RESTORED TO THEIR ORIGINAL PERFORMANCE
19 STANDARDS AND ARE THEREBY DIVERTED FROM THE SOLID WASTE STREAM, RETAIN-
20 ING THE MAJORITY OF COMPONENTS THAT HAVE BEEN THROUGH AT LEAST ONE LIFE
21 CYCLE AND REPLACING CONSUMABLE PORTIONS TO ENABLE SUCH COMMODITIES TO BE
22 RESTORED TO THEIR ORIGINAL FUNCTIONS.
23 FOR THE PURPOSES OF THIS SUBDIVISION, "ELIGIBLE COMMODITIES" SHALL
24 MEAN COMMODITIES (EXCLUDING PAPER) USED IN CONJUNCTION WITH OR AS A PART
25 OF EQUIPMENT PERFORMING THE FUNCTIONS OF FACSIMILE MACHINES, PHOTOCOPI-
26 ERS, PRINTERS, DUPLICATION EQUIPMENT, OR ANY COMBINATION THEREOF,
27 INCLUDING, BUT NOT LIMITED TO THE FOLLOWING: MAGNETIC INK CHARACTER
28 RECOGNITION CARTRIDGES, PHOTO CONDUCTOR ASSEMBLIES, ELECTROSTATIC
29 CARTRIDGES, THERMAL IMAGING CARTRIDGES, TONER CARTRIDGES, INK JET
30 CARTRIDGES, AND PRINTER CARTRIDGES. PROVIDED FURTHER, THAT "ELIGIBLE
31 COMMODITIES" SHALL ALSO INCLUDE EQUIPMENT USED TO RECORD SINGLE FRAME
32 IMAGES ON FILM, WHERE SUCH EQUIPMENT AND FILM ARE MARKETED AND SOLD AS A
33 SINGLE INTEGRATED CONSUMER PRODUCT, AND WHERE SUCH EQUIPMENT AND FILM
34 MAY BE SUBMITTED IN WHOLE TO A PHOTOGRAPH PROCESSOR FOR THE PURPOSES OF
35 PROCESSING.
36 (B) "QUALIFIED EMERGING TECHNOLOGY COMPANY" SHALL MEAN A COMPANY
37 LOCATED IN NEW YORK STATE: (I) WHOSE PRIMARY PRODUCTS OR SERVICES ARE
38 CLASSIFIED AS EMERGING TECHNOLOGIES AND WHOSE TOTAL ANNUAL PRODUCT SALES
39 ARE TEN MILLION DOLLARS OR LESS; OR (II) A COMPANY WHICH HAS RESEARCH
40 AND DEVELOPMENT ACTIVITIES IN NEW YORK STATE AND WHOSE RATIO OF RESEARCH
41 AND DEVELOPMENT FUNDS TO NET SALES EQUALS OR EXCEEDS THE AVERAGE RATIO
42 FOR ALL SURVEYED COMPANIES CLASSIFIED AS DETERMINED BY THE NATIONAL
43 SCIENCE FOUNDATION IN THE MOST RECENT PUBLISHED RESULTS FROM ITS SURVEY
44 OF INDUSTRY RESEARCH AND DEVELOPMENT, OR ANY COMPARABLE SUCCESSOR SURVEY
45 AS DETERMINED BY THE DEPARTMENT, AND WHOSE TOTAL ANNUAL PRODUCT SALES
46 ARE TEN MILLION DOLLARS OR LESS.
47 THE DEFINITION OF "RESEARCH AND DEVELOPMENT FUNDS" SHALL BE THE SAME
48 AS THAT USED BY THE NATIONAL SCIENCE FOUNDATION IN THE AFOREMENTIONED
49 SURVEY.
50 2. THE DEPARTMENT SHALL PREPARE AN ANNUAL REPORT PURSUANT TO SUBDIVI-
51 SION THIRTY-SEVEN-B OF SECTION ONE HUNDRED OF THIS CHAPTER ANALYZING THE
52 EFFECTIVENESS OF THE TAX CREDITS CREATED BY SUBDIVISIONS TWELVE-E AND
53 TWELVE-F OF SECTION TWO HUNDRED TEN OF THE TAX LAW, IN LIGHT OF THEIR
54 INFLUENCE ON THE START-UP, GROWTH, AND RETENTION OF EMERGING TECHNOLOGY
55 COMPANIES IN THE STATE, ON JOB GROWTH WITHIN HIGH TECHNOLOGY COMPANIES,
56 AND ON THE EXPANSION OF COLLABORATIVE RESEARCH AND DEVELOPMENT UNDERTAK-
A. 8289 10
1 EN BY INDUSTRY AND ACADEMIA. THE DEPARTMENT OF TAXATION AND FINANCE
2 SHALL ANNUALLY PROVIDE THE DEPARTMENT WITH AGGREGATE STATISTICS, PURSU-
3 ANT TO EXISTING LEGAL REQUIREMENTS FOR CONFIDENTIALITY OF TAXPAYER
4 RECORDS, ON THE NUMBER OF TAXPAYERS APPLYING FOR SUCH CREDITS, THE
5 NUMBER OF EMPLOYEES EMPLOYED FULL TIME BY QUALIFIED EMERGING TECHNOLOGY
6 COMPANIES, AND THE TOTAL AMOUNT AND THE AMOUNT OF INCREMENTAL BASIC
7 RESEARCH PAYMENTS, MADE TO A QUALIFIED ORGANIZATION.
8 S 362. CENTERS FOR ADVANCED TECHNOLOGY. IN ORDER TO ENCOURAGE GREATER
9 COLLABORATION BETWEEN PRIVATE INDUSTRY AND THE UNIVERSITIES OF THE STATE
10 IN THE DEVELOPMENT AND APPLICATION OF NEW TECHNOLOGIES, THE DEPARTMENT
11 IS AUTHORIZED TO DESIGNATE CENTERS FOR ADVANCED TECHNOLOGY IN SUCH AREAS
12 IDENTIFIED BY THE DEPARTMENT AS HAVING SIGNIFICANT POTENTIAL FOR ECONOM-
13 IC GROWTH IN NEW YORK, OR IN WHICH THE APPLICATION OF NEW TECHNOLOGIES
14 COULD SIGNIFICANTLY ENHANCE THE PRODUCTIVITY AND STABILITY OF NEW YORK
15 BUSINESSES. SUCH DESIGNATIONS SHALL BE MADE IN ACCORDANCE WITH THE STAN-
16 DARDS AND CRITERIA SET FORTH IN SUBDIVISION TWO OF THIS SECTION. CENTERS
17 SO DESIGNATED SHALL BE ELIGIBLE FOR SUPPORT FROM THE DEPARTMENT IN THE
18 MANNER PROVIDED FOR IN SUBDIVISION THREE OF THIS SECTION, AND FOR SUCH
19 ADDITIONAL SUPPORT AS MAY OTHERWISE BE PROVIDED BY LAW.
20 1. AS USED IN THIS SECTION:
21 (A) "CENTER FOR ADVANCED TECHNOLOGY" OR "CENTER" MEANS A UNIVERSITY OR
22 UNIVERSITY-AFFILIATED RESEARCH INSTITUTE OR A CONSORTIUM OF SUCH INSTI-
23 TUTIONS, DESIGNATED BY THE DEPARTMENT, WHICH CONDUCTS A CONTINUING
24 PROGRAM OF BASIC AND APPLIED RESEARCH, DEVELOPMENT, AND TECHNOLOGY
25 COMMERCIALIZATION IN ONE OR MORE TECHNOLOGICAL AREAS, IN COLLABORATION
26 WITH AND THROUGH THE SUPPORT OF PRIVATE BUSINESS AND INDUSTRY; AND
27 (B) "APPLICANT" MEANS A UNIVERSITY OR UNIVERSITY-AFFILIATED RESEARCH
28 INSTITUTE OR A CONSORTIUM OF SUCH INSTITUTIONS WHICH REQUEST DESIGNATION
29 AS A CENTER IN ACCORDANCE WITH SUCH REQUIREMENTS AS ARE ESTABLISHED BY
30 THE DEPARTMENT FOR THIS PURPOSE.
31 2. THE DEPARTMENT SHALL:
32 (A) IDENTIFY TECHNOLOGICAL AREAS FOR WHICH CENTERS SHOULD BE DESIG-
33 NATED INCLUDING TECHNOLOGICAL AREAS THAT ARE RELATED TO INDUSTRIES WITH
34 SIGNIFICANT POTENTIAL FOR ECONOMIC GROWTH AND DEVELOPMENT IN NEW YORK
35 STATE AND TECHNOLOGICAL AREAS THAT ARE RELATED TO THE ENHANCEMENT OF
36 PRODUCTIVITY IN VARIOUS INDUSTRIES LOCATED IN NEW YORK STATE.
37 (B) ESTABLISH CRITERIA THAT APPLICANTS MUST SATISFY FOR DESIGNATION AS
38 A CENTER, INCLUDING, BUT NOT LIMITED TO THE FOLLOWING:
39 (I) AN ESTABLISHED RECORD OF RESEARCH, DEVELOPMENT AND INSTRUCTION IN
40 THE AREA OR AREAS OF TECHNOLOGY INVOLVED;
41 (II) THE CAPACITY TO CONDUCT RESEARCH AND DEVELOPMENT ACTIVITIES IN
42 COLLABORATION WITH BUSINESS AND INDUSTRY;
43 (III) THE CAPACITY TO SECURE SUBSTANTIAL PRIVATE AND OTHER GOVERN-
44 MENTAL FUNDING FOR THE PROPOSED CENTER, IN AMOUNTS AT LEAST EQUAL TO THE
45 TOTAL OF SUPPORT SOUGHT FROM THE STATE;
46 (IV) THE ABILITY AND WILLINGNESS TO COOPERATE WITH OTHER INSTITUTIONS
47 IN THE STATE IN CONDUCTING RESEARCH AND DEVELOPMENT ACTIVITIES, AND IN
48 DISSEMINATING RESEARCH RESULTS; AND TO WORK WITH TECHNICAL AND COMMUNITY
49 COLLEGES IN THE STATE TO ENHANCE THE QUALITY OF TECHNICAL EDUCATION IN
50 THE AREA OR AREAS OF TECHNOLOGY INVOLVED;
51 (V) THE ABILITY AND WILLINGNESS TO COOPERATE WITH THE DEPARTMENT AND
52 OTHER ECONOMIC DEVELOPMENT AGENCIES IN PROMOTING THE GLOBAL COMPETITIVE-
53 NESS, EMPLOYMENT CREATION AND RETENTION, GROWTH AND DEVELOPMENT IN NEW
54 YORK STATE OF INDUSTRIES BASED UPON OR BENEFITING FROM THE AREA OR AREAS
55 OF TECHNOLOGY INVOLVED.
A. 8289 11
1 (C) ESTABLISH SUCH REQUIREMENTS AS IT DEEMS APPROPRIATE FOR THE
2 FORMAT, CONTENT AND FILING OF APPLICATIONS FOR DESIGNATION AS CENTERS
3 FOR ADVANCED TECHNOLOGY.
4 (D) ESTABLISH SUCH PROCEDURES AS IT DEEMS APPROPRIATE FOR THE EVALU-
5 ATION OF APPLICATIONS FOR DESIGNATION AS CENTERS FOR ADVANCED TECHNOLO-
6 GY, INCLUDING THE ESTABLISHMENT OF PEER REVIEW PANELS COMPOSED OF
7 NATIONALLY RECOGNIZED EXPERTS IN THE TECHNOLOGICAL AREAS AND INDUSTRIES
8 TO WHICH THE APPLICATION IS RELATED.
9 3. (A) FROM SUCH FUNDS AS MAY BE APPROPRIATED FOR THIS PURPOSE BY THE
10 LEGISLATURE, THE DEPARTMENT MAY PROVIDE FINANCIAL SUPPORT, THROUGH
11 CONTRACTS OR OTHER MEANS, TO DESIGNATED CENTERS FOR ADVANCED TECHNOLOGY,
12 IN ORDER TO ENHANCE AND ACCELERATE THE DEVELOPMENT OF SUCH CENTERS.
13 FUNDS RECEIVED PURSUANT TO THIS SUBDIVISION MAY BE USED FOR PURCHASE OF
14 EQUIPMENT AND FIXTURES, EMPLOYMENT OF FACULTY AND SUPPORT STAFF,
15 PROVISION OF GRADUATE FELLOWSHIPS, AND OTHER PURPOSES APPROVED BY THE
16 DEPARTMENT, BUT MAY NOT BE USED FOR CAPITAL CONSTRUCTION. IN EACH CASE,
17 THE AMOUNT PROVIDED BY THE DEPARTMENT TO A CENTER SHALL BE MATCHED BY
18 COMMITMENTS OF SUPPORT FROM PRIVATE AND GOVERNMENTAL OTHER THAN STATE
19 SOURCES PROVIDED THAT:
20 (I) FUNDS OR IN-KIND RESOURCES PROVIDED BY THE PUBLIC OR PRIVATE
21 UNIVERSITY OF WHICH THE CENTER IS A PART MAY BE COUNTED TOWARDS THE
22 MATCH;
23 (II) SUCH MATCH SHALL NOT BE REQUIRED ON A PROJECT-BY-PROJECT BASIS;
24 (III) MATCHING FUNDS RECEIVED FROM BUSINESSES WITH NO MORE THAN ONE
25 HUNDRED EMPLOYEES SHALL COUNT AS DOUBLE THE ACTUAL DOLLAR AMOUNT TOWARD
26 THE CENTER'S OVERALL MATCH REQUIREMENT;
27 (IV) FUNDS USED BY THE CENTER FOR ANY WORKFORCE DEVELOPMENT ACTIVITIES
28 REQUIRED BY THE DEPARTMENT SHALL NOT BE INCLUDED AS PART OF THE CENTER'S
29 AWARD WHEN DETERMINING THE AMOUNT OF MATCHING FUNDS REQUIRED BY THE
30 DEPARTMENT. SUCH ACTIVITIES SHALL INCLUDE, BUT ARE NOT LIMITED TO, HELP-
31 ING INCUMBENT WORKERS EXPAND THEIR SKILL SETS THROUGH SHORT COURSES,
32 SEMINARS, AND WORKSHIPS; PROVIDING INDUSTRY-DRIVEN RESEARCH ASSISTANT
33 OPPORTUNITIES FOR STUDENTS, AND AIDING IN THE DEVELOPMENT OF UNDERGRADU-
34 ATE AND GRADUATE COURSES IN THE CENTER'S TECHNOLOGY FOCUS TO HELP ENSURE
35 THAT STUDENTS ARE TRAINED TO MEET THE NEEDS OF INDUSTRY;
36 (V) CENTERS MAY USE NOT MORE THAN TWENTY-FIVE PERCENT OF INDIRECT
37 COSTS TOWARDS ANY MATCH REQUIREMENTS.
38 (B) THE AMOUNT PROVIDED BY THE DEPARTMENT SHALL BE MATCHED IN ACCORD-
39 ANCE WITH THE FOLLOWING:
40 (I) FOR THE ACADEMIC YEAR IN WHICH IT IS FIRST FUNDED AS A DESIGNATED
41 CENTER, AND THE FOUR SUBSEQUENT YEARS, THE AMOUNT PROVIDED BY THE
42 DEPARTMENT TO A CENTER SHALL BE MATCHED EQUALLY BY THE CENTER;
43 (II) BEGINNING IN THE SIXTH ACADEMIC YEAR FOLLOWING THE ACADEMIC YEAR
44 IN WHICH A CENTER IS FIRST FUNDED AS A DESIGNATED CENTER AND FOR EACH
45 ACADEMIC YEAR THEREAFTER, AMOUNTS PROVIDED BY THE DEPARTMENT OF UP TO
46 SEVEN HUNDRED FIFTY THOUSAND DOLLARS SHALL BE MATCHED EQUALLY BY THE
47 CENTER, AMOUNTS IN EXCESS OF SEVEN HUNDRED FIFTY THOUSAND DOLLARS SHALL
48 BE MATCHED BY THE CENTER IN AMOUNTS OF AT LEAST THE PERCENTAGE SET FORTH
49 HEREIN: IN THE SIXTH YEAR, ONE HUNDRED TWENTY PERCENT; IN THE SEVENTH
50 YEAR, ON HUNDRED FORTY PERCENT; IN THE EIGHTH YEAR, ONE HUNDRED SIXTY
51 PERCENT; IN THE NINTH YEAR, ONE HUNDRED EIGHTY PERCENT; IN THE TENTH
52 YEAR AND EACH YEAR THEREAFTER, TWO HUNDRED PERCENT;
53 (III) BEGINNING IN THE NINTH ACADEMIC YEAR FOLLOWING THE ACADEMIC YEAR
54 IN WHICH A CENTER IS FIRST FUNDED AS A DESIGNATED CENTER, THE DEPARTMENT
55 SHALL EVALUATE SUCH CENTER'S AREA OF ADVANCED TECHNOLOGY TO DETERMINE
56 WHETHER IT HAS CONTINUED SIGNIFICANT POTENTIAL FOR ENHANCING ECONOMIC
A. 8289 12
1 GROWTH IN NEW YORK, OR WHETHER THE APPLICATION OF TECHNOLOGIES IN THE
2 AREA COULD SIGNIFICANTLY ENHANCE THE PRODUCTIVITY AND STABILITY OF NEW
3 YORK BUSINESSES;
4 (IV) UPON A FINDING BY THE DEPARTMENT THAT AN AREA OF ADVANCED TECH-
5 NOLOGY HAS CONTINUED SIGNIFICANT POTENTIAL FOR ENHANCING ECONOMIC GROWTH
6 IN NEW YORK, OR THAT THE APPLICATION OF TECHNOLOGIES IN THE AREA COULD
7 SIGNIFICANTLY ENHANCE THE PRODUCTIVITY AND STABILITY OF NEW YORK BUSI-
8 NESSES, THE DEPARTMENT WILL INITIATE A REDESIGNATION PROCESS IN ACCORD-
9 ANCE WITH THE STANDARDS AND CRITERIA SET FORTH IN PARAGRAPH (B) OF
10 SUBDIVISION TWO OF THIS SECTION AND IN ACCORDANCE WITH PARAGRAPHS (C)
11 AND (D) OF SUBDIVISION TWO OF THIS SECTION.
12 (1) IN THE EVENT A NEW CENTER IS SELECTED IN THE REDESIGNATION PROC-
13 ESS, THE DEPARTMENT SHALL PROVIDE FUNDS TO SUCH NEW CENTER IN ACCORDANCE
14 WITH THE FUNDING MATCH REQUIREMENTS SET FORTH IN SUBPARAGRAPHS (I) AND
15 (II) OF PARAGRAPH (A) OF THIS SUBDIVISION.
16 (2) IN THE EVENT A PREVIOUSLY DESIGNATED CENTER IS REDESIGNATED IN THE
17 SAME AREA OF TECHNOLOGY, WHICH REDESIGNATION IS EFFECTIVE FOR THE TENTH
18 ACADEMIC YEAR FOLLOWING THE FIRST ACADEMIC YEAR OF BOTH DESIGNATION AND
19 FUNDING, THEN, IN THAT YEAR AND IN EACH YEAR THEREAFTER, THE DEPARTMENT
20 SHALL PROVIDE FUNDS OF UP TO SEVEN HUNDRED FIFTY THOUSAND DOLLARS TO BE
21 MATCHED EQUALLY BY THE CENTER, AMOUNTS IN EXCESS OF SEVEN HUNDRED FIFTY
22 THOUSAND DOLLARS SHALL BE MATCHED BY THE CENTER IN AMOUNTS OF AT LEAST
23 TWO HUNDRED PERCENT.
24 (3) IN THE EVENT A CURRENTLY DESIGNATED CENTER IS NOT SELECTED IN THE
25 REDESIGNATION PROCESS FOR AN ADDITIONAL TERM, OR UPON A FINDING BY THE
26 DEPARTMENT THAT THE AREA OF ADVANCED TECHNOLOGY DOES NOT HAVE SIGNIF-
27 ICANT POTENTIAL FOR ENHANCING ECONOMIC GROWTH IN NEW YORK, OR UPON A
28 FINDING THAT THE APPLICATION OF TECHNOLOGIES IN THAT AREA WOULD NOT
29 SIGNIFICANTLY ENHANCE THE PRODUCTIVITY AND STABILITY OF NEW YORK BUSI-
30 NESSES, THEN THE DEPARTMENT SHALL, IN THE TENTH ACADEMIC YEAR FOLLOWING
31 SUCH CENTER'S FIRST BOTH DESIGNATION AND FUNDING, WHICH YEAR SHALL BE
32 THE FINAL YEAR OF FUNDING FOR SUCH CENTER, PROVIDE AN AMOUNT OF UP TO
33 FIVE HUNDRED THOUSAND DOLLARS.
34 (4) IF THE DEPARTMENT DOES NOT ISSUE A TIMELY, NEW REQUEST FOR
35 PROPOSALS BEFORE THE END OF ANY TEN-YEAR PERIOD, OR DOES NOT EVALUATE
36 NEW PROPOSALS AND MAKE NEW A DESIGNATION BY THE END OF ANY TEN-YEAR
37 DESIGNATION, THE DESIGNATION OF AND FUNDING FOR EXISTING CENTERS AT THE
38 END OF THEIR TEN-YEAR DESIGNATION PERIOD SHALL REMAIN IN EFFECT UNTIL
39 THE END OF THE STATE FISCAL YEAR THAT FOLLOWS THE LAST YEAR OF THE
40 CENTER'S DESIGNATION DURING WHICH TIME THE DEPARTMENT SHALL COMPLETE ITS
41 EVALUATION AND REDESIGNATION PROCESS PURSUANT TO THIS SECTION.
42 (C) CONTINUED FUNDING OF THE OPERATIONS OF EACH CENTER SHALL BE BASED
43 UPON A SHOWING THAT: THE CENTER CONTINUES TO COMPLY WITH THE CRITERIA
44 ESTABLISHED BY THE DEPARTMENT PURSUANT TO PARAGRAPH (B) OF SUBDIVISION
45 TWO OF THIS SECTION; A DEMONSTRATION OF ASSISTANCE TO SMALL BUSINESSES
46 IN NEW YORK STATE THROUGH RESEARCH, TECHNOLOGY TRANSFER OR OTHER MEANS
47 AS APPROVED BY THE DEPARTMENT; EVIDENCE OF PARTNERSHIPS WITH OTHER
48 APPROPRIATE ENTITIES TO DEVELOP OUTREACH NETWORKS AND ENSURE THAT COMPA-
49 NIES RECEIVE ACCESS TO APPROPRIATE FEDERAL FUNDING FOR TECHNOLOGY DEVEL-
50 OPMENT AND COMMERCIALIZATION AS WELL AS NON-RESEARCH ASSISTANCE SUCH AS
51 GENERAL BUSINESS CONSULTING. APPROPRIATE PARTNERS ARE THOSE WITH WHICH
52 THE CENTER DEMONSTRATES A RELATIONSHIP THAT ENHANCES AND ADVANCES THE
53 CENTER'S ABILITY TO AID ECONOMIC GROWTH IN NEW YORK STATE; AND COMPLI-
54 ANCE WITH THE RULES, REGULATIONS AND GUIDELINES OF THE DEPARTMENT; AND,
55 COMPLIANCE WITH ANY CONTRACTS BETWEEN THE DEPARTMENT AND THE DESIGNATED
56 CENTER.
A. 8289 13
1 (D) EACH CENTER SHALL REPORT ON ITS ACTIVITIES TO THE DEPARTMENT IN A
2 MANNER AND ACCORDING TO THE SCHEDULE ESTABLISHED BY THE DEPARTMENT AND
3 SHALL PROVIDE SUCH ADDITIONAL INFORMATION AS THE DEPARTMENT MAY REQUIRE
4 PROVIDED, THAT QUANTIFIABLE ECONOMIC DEVELOPMENT IMPACT MEASURES ARE NOT
5 RESTRICTED TO ANY PERIOD LESS THAN FIVE YEARS AND THAT CENTERS PROVIDE A
6 FULL DESCRIPTION OF ALL NON-QUANTIFIABLE MEASURES. THE DEPARTMENT SHALL
7 EVALUATE CENTER OPERATIONS USING METHODS SUCH AS SITE VISITS, REPORTING
8 OF SPECIFIED INFORMATION AND PEER REVIEW EVALUATIONS USING EXPERTS IN
9 THE FIELD OF TECHNOLOGY IN WHICH THE CENTER WAS DESIGNATED. THE DEPART-
10 MENT SHALL NOTIFY EACH CENTER OF THE RESULTS OF ITS EVALUATIONS AND
11 FINDINGS OF DEFICIENCIES IN THE OPERATION OF SUCH CENTER OR ITS
12 RESEARCH, EDUCATION, OR TECHNOLOGY COMMERCIALIZATION ACTIVITIES AND
13 SHALL WORK WITH SUCH CENTERS TO REMEDY SUCH FINDINGS. IF SUCH FACTORS
14 ARE NOT REMEDIED, THE DEPARTMENT MAY WITHDRAW THE STATE FUNDING SUPPORT,
15 IN WHOLE OR IN PART, OR WITHDRAW THE CENTER DESIGNATION.
16 (E) IN ORDER TO ENCOURAGE THAT THE RESULTS OF CENTER RESEARCH BENEFIT
17 NEW YORK STATE, DESIGNATION AND CONTINUED FUNDING OF EACH CENTER SHALL
18 BE CONTINGENT UPON EACH CENTER'S ESTABLISHING WITHIN ITS LICENSING
19 GUIDELINES THE FOLLOWING: AFTER PAYMENT OF THE INVENTOR'S SHARE, A
20 REDUCED PAYMENT DUE TO THE UNIVERSITY OF ANY ROYALTY, INCOME OR OTHER
21 CONSIDERATION EARNED FROM THE LICENSE OR SALE OF INTELLECTUAL PROPERTY
22 RIGHTS CREATED OR DEVELOPED AT, OR THROUGH THE USE OF, THE FACILITIES OF
23 THE CENTER BY ANY PERSON OR ENTITY IF THE MANUFACTURING OR USE RESULTING
24 FROM SUCH INTELLECTUAL PROPERTY RIGHTS OCCURS WITHIN NEW YORK STATE. THE
25 DEPARTMENT SHALL PROMULGATE RULES AND REGULATIONS REGARDING THE
26 PROVISIONS OF THE LICENSING GUIDELINES DESCRIBED HEREIN AS THEY APPLY TO
27 SUCH REDUCED PAYMENT, AND SUCH PROVISIONS SHALL BE SUBJECT TO THE
28 APPROVAL OF THE DEPARTMENT.
29 4. (A) FROM SUCH FUNDS AS MAY BE APPROPRIATED FOR THE PURPOSE OF
30 INCENTIVE GRANTS OR OTHER FUNDS WHICH MAY BE AVAILABLE FROM THE DEPART-
31 MENT TO ENHANCE CENTER ACTIVITIES IN AREAS OF CRUCIAL INTEREST IN THE
32 STATE'S ECONOMIC DEVELOPMENT, THE DEPARTMENT MAY PROVIDE GRANTS, ON A
33 COMPETITIVE BASIS, TO CENTERS FOR PROJECTS INCLUDING, BUT NOT LIMITED
34 TO, THOSE WHICH:
35 (I) EXPLORE NEW TECHNOLOGIES WITH COMMERCIAL APPLICATION CONDUCTED
36 JOINTLY BY TWO OR MORE CENTERS OR A CENTER AND NON-CENTER UNIVERSITY,
37 COLLEGE OR COMMUNITY COLLEGE;
38 (II) ARE AIMED AT ENHANCING OR ACCELERATING THE PROCESS OF BRINGING
39 NEW PRODUCTS, PARTICULARLY THOSE UNDER DEVELOPMENT BY NEW SMALL BUSI-
40 NESSES, TO THE MARKETPLACE; OR
41 (III) INCREASE TECHNOLOGY TRANSFER PROJECTS WITH THE STATE'S MATURE
42 MANUFACTURING INDUSTRIES IN APPLYING TECHNOLOGY IN THEIR MANUFACTURING
43 PROCESSES OR FOR NEW PRODUCT DEVELOPMENT.
44 (B) STATE SUPPORT FOR INCENTIVE GRANTS MAY BE MATCHED ON AN INDIVIDUAL
45 BASIS BY THE DEPARTMENT, WHICH MAY CONSIDER THE TYPE OF PROJECT AND THE
46 AVAILABILITY OF AMOUNTS FROM PRIVATE, UNIVERSITY AND GOVERNMENTAL, OTHER
47 THAN STATE, SOURCES.
48 5. (A) THE DEPARTMENT SHALL MAKE AN ANNUAL REPORT OF THE CENTERS FOR
49 ADVANCED TECHNOLOGY PROGRAM TO THE GOVERNOR AND THE LEGISLATURE PURSUANT
50 TO SUBDIVISION THIRTY-SEVEN-B OF SECTION ONE HUNDRED OF THIS CHAPTER.
51 SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO, THE RESULTS OF THE
52 DEPARTMENT'S EVALUATION OF EACH CENTER, A DESCRIPTION OF THE ACHIEVEMENT
53 OF EACH CENTER, ANY DEFICIENCIES IN THE OPERATION OF EACH CENTER OR ITS
54 RESEARCH, EDUCATION AND TECHNOLOGY COMMERCIALIZATION ACTIVITIES, REMEDI-
55 AL ACTIONS RECOMMENDED BY THE DEPARTMENT, REMEDIAL ACTIONS TAKEN BY EACH
56 CENTER, A DESCRIPTION OF THE SMALL BUSINESS ASSISTANCE PROVIDED BY EACH
A. 8289 14
1 CENTER, A DESCRIPTION OF ANY INCENTIVE GRANT PROGRAM AWARDED A GRANT BY
2 THE DEPARTMENT AND THE ACHIEVEMENTS OF SUCH PROGRAM, AND THE AMOUNT OF
3 FINANCIAL ASSISTANCE PROVIDED BY THE DEPARTMENT AND THE LEVEL OF MATCH-
4 ING FUNDS PROVIDED BY EACH CENTER AND THE USES OF SUCH MONIES.
5 (B) ANNUAL REPORTS SHALL INCLUDE A DISCUSSION OF ANY FIELDS OF TECH-
6 NOLOGY THAT THE DEPARTMENT HAS IDENTIFIED AS HAVING SIGNIFICANT POTEN-
7 TIAL FOR ECONOMIC GROWTH OR IMPROVED GLOBAL COMPETITIVENESS PRODUCTIVITY
8 AND STABILITY OF NEW YORK BUSINESSES AND IN WHICH NO CENTER FOR ADVANCED
9 TECHNOLOGY HAS BEEN DESIGNATED AND RECOMMENDATIONS OF THE DEPARTMENT AS
10 TO ACTIONS THAT SHOULD BE TAKEN.
11 S 363. CENTERS OF EXCELLENCE. THE CENTERS OF EXCELLENCE PROGRAM IS
12 HEREBY ESTABLISHED FOR THE PURPOSE OF FOSTERING COLLABORATION BETWEEN
13 THE ACADEMIC RESEARCH COMMUNITY AND THE BUSINESS SECTOR TO DEVELOP AND
14 COMMERCIALIZE NEW PRODUCTS AND TECHNOLOGIES, TO PROMOTE CRITICAL PRIVATE
15 SECTOR INVESTMENT IN EMERGING HIGH TECHNOLOGY FIELDS IN NEW YORK STATE,
16 AND TO CREATE AND EXPAND TECHNOLOGY-RELATED BUSINESSES AND EMPLOYMENT.
17 1. SUCH CENTERS ARE DESIGNATED TO OPERATE PURSUANT TO SECTION THREE OF
18 PART T OF CHAPTER EIGHTY-FOUR OF THE LAWS OF TWO THOUSAND TWO IN AREAS
19 IDENTIFIED BY THE DEPARTMENT AS HAVING SIGNIFICANT POTENTIAL FOR ECONOM-
20 IC GROWTH IN NEW YORK, OR IN WHICH THE APPLICATION OF NEW TECHNOLOGIES
21 COULD SIGNIFICANTLY ENHANCE THE GLOBAL COMPETITIVENESS PRODUCTIVITY AND
22 STABILITY OF NEW YORK BUSINESSES.
23 2. AS A CONDITION OF RECEIPT OF SUPPORT AUTHORIZED PURSUANT TO THIS
24 SECTION, EACH CENTER SHALL ANNUALLY SUBMIT TO THE DEPARTMENT A PLAN FOR
25 COMMERCIALIZING PRODUCTS OR PROCESSES BASED ON INNOVATIONS DEVELOPED AT
26 CENTER FACILITIES, AND SPECIFICALLY SUCH CENTER'S STRATEGY FOR COMMER-
27 CIALIZING SUCH PRODUCTS OR PROCESSES WITHIN NEW YORK STATE.
28 3. (A) FROM SUCH FUNDS AS MAY BE APPROPRIATED FOR THIS PURPOSE BY THE
29 LEGISLATURE, THE DEPARTMENT MAY PROVIDE FINANCIAL SUPPORT, THROUGH
30 CONTRACTS OR OTHER MEANS, IN ORDER TO ENHANCE AND ACCELERATE CENTER
31 OPERATIONS IN JOINT UNIVERSITY/INDUSTRY RESEARCH AND DEVELOPMENT, PROD-
32 UCT COMMERCIALIZATION, AND WORKFORCE TRAINING. FUNDS RECEIVED PURSUANT
33 TO THIS SUBDIVISION MAY BE USED FOR THE EMPLOYMENT OF FACULTY AND STAFF,
34 PROVISION OF GRADUATE FELLOWSHIPS, OR OTHER OPERATING EXPENSES THAT ARE
35 ALIGNED WITH THE CENTER'S COMMERCIALIZATION STRATEGY AND APPROVED BY THE
36 DEPARTMENT.
37 (B) FUNDS SHALL BE MATCHED ON A ONE TO ONE BASIS BY THE INSTITUTION
38 RECEIVING THE FUNDS AND COLLABORATIVE PARTNERS IN THE FORM OF CASH OR
39 IN-KIND PERSONNEL, EQUIPMENT, MATERIAL DONATIONS, AND OTHER FACILITY AND
40 OPERATIONS EXPENDITURES.
41 4. (A) THE DEPARTMENT SHALL, PURSUANT TO SUBDIVISION THIRTY-SEVEN-B OF
42 SECTION ONE HUNDRED OF THIS CHAPTER, SUBMIT TO THE GOVERNOR, THE MAJORI-
43 TY LEADER OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY A REPORT ON THE
44 OPERATIONS AND ACCOMPLISHMENTS OF THE CENTERS OF EXCELLENCE.
45 (B) THE ANNUAL REPORT SHALL PROVIDE, BUT NOT BE LIMITED TO, THE
46 FOLLOWING INFORMATION FOR EACH CALENDAR YEAR:
47 (I) THE PURPOSES FOR WHICH CENTER FACILITIES, EQUIPMENT, AND PERSONNEL
48 WERE UTILIZED;
49 (II) A DETAILED OPERATING BUDGET, INCLUDING THE AMOUNT OF STATE FUNDS
50 RECEIVED, AS WELL AS IDENTIFICATION OF EACH SOURCE OF FEDERAL, STATE,
51 LOCAL OR PRIVATE FUNDS, INCLUDING IN-KIND CONTRIBUTIONS;
52 (III) AN ACCOUNTING OF CAPITAL EXPENDITURES, IDENTIFYING THE AMOUNT OF
53 STATE FUNDS UTILIZED, AS WELL AS EACH SOURCE OF FEDERAL, STATE, LOCAL,
54 OR PRIVATE FUNDS, INCLUDING IN-KIND CONTRIBUTIONS;
55 (IV) A DESCRIPTION OF THE GOVERNANCE STRUCTURE OF THE CENTER INCLUDING
56 THE RESPECTIVE ROLES OF COLLABORATING PARTNERS;
A. 8289 15
1 (V) THE ECONOMIC IMPACT OF THE ACTIVITIES UNDERTAKEN WITH STATE FUNDS,
2 INCLUDING SUCH FACTORS AS JOBS CREATED AND MAINTAINED; THE NUMBER OF
3 PATENTS AWARDED TO THE COLLEGE OR UNIVERSITY OR ANY PRIVATE ENTITY AND
4 ASSOCIATED LICENSING REVENUES; AND AWARDS, DESIGNATIONS AND OTHER TANGI-
5 BLE EVIDENCE OF RECOGNITION; AND THE METHODOLOGY UTILIZED TO DETERMINE
6 SUCH IMPACT;
7 (VI) THE ACTUAL OR ANTICIPATED NEW PRODUCTS AND PROCESSES WITH COMMER-
8 CIAL APPLICATION OF IMPORTANCE TO THE INDUSTRIES IN THE STATE;
9 (VII) A DESCRIPTION OF ANY RELATIONSHIPS WITH SECONDARY SCHOOLS AND
10 COMMUNITY COLLEGES DESIGNED TO FOSTER STUDENT INTEREST IN SCIENTIFIC AND
11 TECHNICAL CAREERS; AND
12 (VIII) A DESCRIPTION OF EACH RESEARCH SPONSORSHIP AGREEMENT, INTELLEC-
13 TUAL PROPERTY OWNERSHIP AGREEMENT, INTELLECTUAL PROPERTY LICENSE AGREE-
14 MENT, OR ANY OTHER AGREEMENTS ENTERED INTO BETWEEN THE STATE FUNDED
15 RESEARCH INSTITUTIONS AND EACH RESEARCH PARTNER.
16 5. THE DEPARTMENT SHALL, ON OR BEFORE SEPTEMBER FIRST, TWO THOUSAND
17 TWELVE AND EVERY YEAR THEREAFTER, SUBMIT TO THE GOVERNOR, THE MAJORITY
18 LEADER OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY AN OVERALL STRATE-
19 GIC PLAN FOR THE CENTERS OF EXCELLENCE PROGRAM.
20 (A) THE PLAN SHALL INCLUDE THE BROAD FOCUS AND MISSION OF THE CENTER
21 AND THE STRATEGIES USED TO DETERMINE THAT FOCUS INCLUDING BUT NOT LIMIT-
22 ED TO COLLABORATION WITH LOCAL AND REGIONAL ECONOMIC DEVELOPMENT ENTI-
23 TIES TO DETERMINE CURRENT AND EMERGING HIGH-TECH INDUSTRY CLUSTERS.
24 (B) SUCH PLAN SHALL ALSO INCLUDE THE METRICS THAT WILL BE USED TO
25 DETERMINE WHETHER AND TO WHAT DEGREE EACH CENTER IS MAINTAINING ITS
26 FOCUS AND FULFILLING ITS MISSION.
27 (C) THE PLAN SHALL BE ASSESSED BY THE GOVERNING BOARD OF THE CENTER
28 AND REVISED ANNUALLY AS APPROPRIATE. ANY REVISIONS SHALL BE SUBMITTED TO
29 THE DEPARTMENT FOR APPROVAL.
30 S 364. REGIONAL TECHNOLOGY DEVELOPMENT CENTERS. 1. AS USED IN THIS
31 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
32 (A) "REGIONAL TECHNOLOGY DEVELOPMENT CENTERS" OR "CENTERS" SHALL MEAN
33 ANY REGIONAL, NOT-FOR-PROFIT CORPORATION OR OTHER NONPROFIT ORGANIZA-
34 TION, ASSOCIATION, OR AGENCY WHICH IS ORGANIZED FOR THE PURPOSE OF THE
35 PROMOTION, ATTRACTION, STIMULATION, DEVELOPMENT AND EXPANSION OF SCIENCE
36 AND TECHNOLOGY-ORIENTED ECONOMIC ACTIVITY IN A PARTICULAR REGION OF THE
37 STATE OR IN ONE OR MORE COUNTIES OR CITIES, AND WHICH DOES NOT ENGAGE IN
38 LOBBYING ACTIVITIES AS A SIGNIFICANT PART OF THEIR OVERALL FUNCTIONS.
39 (B) "IN-KIND SERVICES" SHALL MEAN THE DONATION OF QUANTIFIABLE GOODS
40 AND SERVICES INCLUDING BUT NOT LIMITED TO PROFESSIONAL SERVICES AND
41 TIME, EQUIPMENT, MATERIAL AND OFFICE SPACE FOR USE BY A REGIONAL TECH-
42 NOLOGY DEVELOPMENT CENTER IN FURTHERANCE OF ITS STATED PURPOSES OR
43 PROVIDED ON BEHALF OF THE CENTER TO OTHERS FOR SUCH PURPOSES AND FOR
44 WHICH THERE IS NO MONETARY REMUNERATION. ANY SUCH IN-KIND SERVICES MUST
45 HAVE PRIOR APPROVAL BY THE DEPARTMENT TO SATISFY THE MATCHING REQUIRE-
46 MENT PURSUANT TO THIS SECTION.
47 2. (A) THE DEPARTMENT SHALL DESIGNATE REGIONAL TECHNOLOGY DEVELOPMENT
48 CENTERS IN EACH OF THE TEN ECONOMIC DEVELOPMENT REGIONS THROUGHOUT THE
49 STATE. CENTERS SHALL BE DESIGNATED FOR A PERIOD NOT GREATER THAN TEN
50 YEARS THROUGH A COMPETITIVE SELECTION PROCESS.
51 (B) COMPETITIVE SELECTION CRITERIA SHALL INCLUDE:
52 (I) THE DEGREE AND COMPLETENESS OF INFORMATION CONTAINED IN THE
53 PROPOSAL;
54 (II) THE NATURE, RELEVANCE AND IMPORTANCE OF THE PROPOSED ACTIVITIES
55 TO THE REGION;
A. 8289 16
1 (III) THE ANTICIPATED ECONOMIC BENEFITS TO THE STATE AND THE REGION TO
2 BE DERIVED FROM THE PROPOSED ACTIVITIES DESCRIBED IN THE PROPOSAL;
3 (IV) THE DEGREE TO WHICH THE MEMBERSHIP OF THE APPLICANT ORGANIZATION
4 IS REPRESENTATIVE OF THE REGION'S BUSINESS, INDUSTRY, LABOR, ACADEMIC
5 AND GOVERNMENT SECTORS, INCLUDING STRONG REPRESENTATION OF THE HIGH
6 TECHNOLOGY PRIVATE SECTOR;
7 (V) THE COMMITMENT OF TIME AND ENERGY OF THE PRINCIPALS OF THE APPLI-
8 CANT ORGANIZATION;
9 (VI) THE OPERATIONAL READINESS OF THE APPLICANT ORGANIZATION TO CARRY
10 OUT THE ACTIVITIES DESCRIBED IN THE PROPOSAL; AND
11 (VII) THE APPLICANT ORGANIZATION'S PRIOR EXPERIENCE AND DEMONSTRATED
12 RESULTS IN PERFORMING ACTIVITIES IDENTICAL OR SIMILAR TO THOSE IDENTI-
13 FIED IN THE PROPOSAL.
14 (C) THERE SHALL BE NO LIMIT ON THE NUMBER OF TIMES CENTERS MAY BE
15 REDESIGNATED AND IF THE DEPARTMENT DOES NOT ISSUE A TIMELY, NEW REQUEST
16 FOR PROPOSALS BEFORE THE END OF ANY TEN-YEAR PERIOD, OR IS NOT ABLE TO
17 EVALUATE NEW PROPOSALS AND MAKE NEW SELECTIONS BY THE END OF THE
18 TEN-YEAR DESIGNATION, ALL CONTRACTS FOR THE EXISTING CENTERS SHALL BE IN
19 EFFECT UNTIL THE END OF THE STATE FISCAL YEAR THAT FOLLOWS THE LAST YEAR
20 OF THE CENTER'S DESIGNATION DURING WHICH TIME THE DEPARTMENT SHALL
21 COMPLETE ITS EVALUATION AND REDESIGNATION PROCESS PURSUANT TO THIS
22 SECTION.
23 3. THE DEPARTMENT IS HEREBY AUTHORIZED TO AWARD GRANTS ON A COMPET-
24 ITIVE BASIS, FROM SUCH FUNDS AS MAY BE APPROPRIATED FOR THIS PURPOSE BY
25 THE LEGISLATURE, TO MATCH FUNDS EXPENDED BY REGIONAL TECHNOLOGY DEVELOP-
26 MENT CENTERS FOR THE PURPOSES SET FORTH IN THIS SECTION AND IN ACCORD-
27 ANCE WITH RULES AND REGULATIONS PROMULGATED BY THE DEPARTMENT.
28 4. MATCHING FUNDS SHALL BE PROVIDED ONLY FOR PURPOSES WHICH ARE
29 RELATED TO THE REALIZATION OF THE TECHNOLOGICAL DEVELOPMENT POTENTIAL OF
30 A PARTICULAR REGION OF THE STATE AS DETERMINED BY THE DEPARTMENT. AMONG
31 THE ACTIVITIES FOR WHICH MATCHING FUNDS MAY BE PROVIDED ARE THE FOLLOW-
32 ING:
33 (A) SPONSORING AND CONDUCTING REGIONAL CONFERENCES AND STUDIES,
34 COLLECTING AND DISSEMINATING INFORMATION AND ISSUING PERIODIC REPORTS
35 RELATING TO SCIENTIFIC AND TECHNOLOGICAL RESEARCH, DEVELOPMENT AND
36 EDUCATION IN THE REGION;
37 (B) PREPARING AND PERIODICALLY ISSUING A REGISTER OF SCIENTIFIC AND
38 TECHNOLOGICAL RESEARCH FACILITIES IN THE REGION;
39 (C) ASSISTING SMALL AND EMERGING SCIENCE AND TECHNOLOGY-ORIENTED BUSI-
40 NESSES WITHIN THE REGION INCLUDING PROVIDING ASSISTANCE IN APPLYING FOR
41 FEDERAL OR STATE RESEARCH GRANTS OR PROCUREMENT CONTRACTS AND DISSEM-
42 INATING INFORMATION ON THE AVAILABILITY OF SUCH GRANTS AND CONTRACTS;
43 (D) COLLECTING AND DISSEMINATING INFORMATION ON FINANCIAL, TECHNICAL,
44 MARKETING, MANAGEMENT AND OTHER SERVICES AVAILABLE TO SMALL AND EMERGING
45 SCIENCE AND TECHNOLOGY-ORIENTED BUSINESSES WITHIN THE REGION AND ARRANG-
46 ING ACCESS TO SUCH SERVICES ON A FREE OR FOR-HIRE BASIS FROM UNIVERSI-
47 TIES, PRIVATE FOR-PROFIT BUSINESSES AND NONPROFIT ORGANIZATIONS;
48 (E) PROVIDING TECHNICAL ASSISTANCE INCLUDING MANAGEMENT, MARKETING AND
49 FINANCIAL PACKAGING ASSISTANCE TO, AND COLLECTING AND DISSEMINATING
50 INFORMATION REGARDING INNOVATIONS FOR THE BENEFIT OF, INVENTORS INTER-
51 ESTED IN HAVING THEIR IDEAS DEVELOPED AND COMMERCIALIZED AND ENTREPRE-
52 NEURS INTERESTED IN THE COMMERCIALIZATION OF NEW PRODUCTS AND PROCESSES;
53 (F) SUPPORTING UNIVERSITY-INDUSTRY COLLABORATION IN APPLIED RESEARCH
54 AND TECHNOLOGY BASED ECONOMIC DEVELOPMENT, THE PROMOTION OF INCUBATOR
55 FACILITIES AND THE GENERATION OR BROKERING OF INVESTMENT CAPITAL TO
56 SUPPORT REGIONAL NEW ENTERPRISE DEVELOPMENT;
A. 8289 17
1 (G) ASSISTING IN THE DEVELOPMENT OF A GLOBALLY COMPETITIVE TECHNOLOGY
2 DEVELOPMENT STRATEGY FOR THE REGION;
3 (H) CONTRIBUTING INFORMATION TO ANY STATEWIDE DATABASE, WHICH IDENTI-
4 FIES RESOURCES AVAILABLE FROM COLLEGES, UNIVERSITIES AND TECHNICAL
5 SERVICE PROVIDERS AND WHICH PROVIDES INFORMATION, INCLUDING VENTURE
6 CAPITAL SOURCES AND LABOR MARKET STATISTICS, OF INTEREST TO AND FOR USE
7 BY ENTREPRENEURS AND TECHNOLOGY-ORIENTED BUSINESSES;
8 (I) PROJECTING THE NEED FOR THE TECHNICAL AND PROFESSIONAL WORKFORCE
9 WITHIN THE REGION AND ASSISTING OTHERS IN PLANNING FOR PROJECTED DISLO-
10 CATIONS AND RETRAINING;
11 (J) ASSISTING THE DEPARTMENT IN IDENTIFYING AND CONTACTING ELIGIBLE
12 APPLICANTS, AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION
13 TWO HUNDRED TWENTY-FOUR OF THIS CHAPTER, AND SPONSORING, IN CONJUNCTION
14 WITH THE CONFERENCES, SEMINARS, COUNSELING SESSIONS AND OTHER OUTREACH
15 EFFORTS AIMED AT IMPROVING THE COMPETITIVE POSITION OF APPLICANTS IN
16 INTERNATIONAL MARKETS BY PROMOTING EXPORTING;
17 (K) CONDUCTING SUCH OTHER APPROPRIATE ACTIVITIES AS MAY BE ESTABLISHED
18 BY THE DEPARTMENT FOR THE PURPOSE OF REALIZING THE TECHNOLOGICAL DEVEL-
19 OPMENT POTENTIAL OF THE REGION SERVED BY THE APPLICANT; AND
20 (L) PERFORMING ACTIVITIES AND DELIVERING SERVICES PURSUANT TO SUBPARA-
21 GRAPH (V) OF PARAGRAPH (A) OF SUBDIVISION FIVE OF THIS SECTION.
22 5. (A) REGIONAL TECHNOLOGY DEVELOPMENT CENTERS SHALL ADMINISTER THE
23 NEW YORK MANUFACTURING EXTENSION PARTNERSHIP PROGRAM, ALSO REFERRED TO
24 AS THE INDUSTRIAL TECHNOLOGY EXTENSION SERVICE PROGRAM, WHICH SHALL
25 PROVIDE TECHNICAL AND MANAGEMENT ASSISTANCE TO MANUFACTURING COMPANIES
26 WITHIN THE STATE FOR THE FOLLOWING PURPOSES:
27 (I) TO IMPROVE THE GLOBAL COMPETITIVENESS AND INCREASE THE MARKET
28 SHARE OF VIABLE NEW YORK STATE INDUSTRIES AND FIRMS THROUGH INCREASED
29 KNOWLEDGE OF NEW TECHNOLOGIES AND OTHER INNOVATIONS;
30 (II) TO ASSIST INDUSTRIAL FIRMS THROUGH CONSULTING AND TRAINING ACTIV-
31 ITIES WITH THE INTRODUCTION OF IMPROVED MANAGEMENT AND PRODUCTION PROC-
32 ESSES IN ORDER TO ENHANCE THEIR PRODUCTIVITY AND COMPETITIVENESS;
33 (III) TO PROVIDE INDUSTRIAL EFFECTIVENESS FIELD SERVICES PURSUANT TO
34 ARTICLE SEVEN OF THIS CHAPTER;
35 (IV) TO ASSIST IN THE RETENTION AND EXPANSION OF INDUSTRIAL FIRMS AND
36 EMPLOYMENT IN NEW YORK STATE;
37 (V) TO ADMINISTER ACTIVITIES AND SERVICES WITH ALL FEDERAL MANUFACTUR-
38 ING EXTENSION PARTNERSHIP PROGRAM FUNDS RECEIVED BY THE STATE PURSUANT
39 TO PUBLIC LAW 110-69 WHICH SHALL QUALIFY AS MATCHING FUNDS PURSUANT TO
40 SUBDIVISION THREE OF THIS SECTION; AND
41 (VI) TO COMMUNICATE INDUSTRIAL NEEDS TO UNIVERSITIES AND OTHERS,
42 BROKERING JOINT UNIVERSITY-INDUSTRY INVESTIGATIONS TO AID INDUSTRY, AND
43 ASSISTING IN THE PROVISION OF PRODUCTIVITY AND GROWTH IMPROVEMENTS TO
44 MATURE INDUSTRIES.
45 (B) NOTWITHSTANDING ANY OTHER LAW, GRANTS MADE BY THE DEPARTMENT
46 PURSUANT TO THIS SECTION SHALL BE MATCHED ON A FIFTY PERCENT BASIS BY
47 THE REGIONAL TECHNOLOGY DEVELOPMENT CENTER AND UP TO FIFTY PERCENT OF
48 SUCH MATCH MAY BE OF IN-KIND SERVICES AS APPROVED BY THE DEPARTMENT.
49 (C) THE DEPARTMENT MAY ESTABLISH SUCH REQUIREMENTS AS IT DEEMS APPRO-
50 PRIATE FOR THE FORMAT AND CONTENT OF APPLICATIONS FOR MATCHING GRANTS
51 PURSUANT TO THIS SUBDIVISION AND SHALL SET REASONABLE DEADLINES FOR THE
52 SUBMISSION OF APPLICATIONS FOR SUCH SUPPORT.
53 (D) THE DEPARTMENT MAY SELECT FROM COMPETING APPLICATIONS THOSE WHICH
54 IT JUDGES TO BE OF GREATEST BENEFIT TO THE WELFARE OF THE PEOPLE OF THE
55 STATE AND MAY APPROVE OR REJECT ANY OR ALL OF THE COMPETING APPLICA-
A. 8289 18
1 TIONS. THE DEPARTMENT SHALL NOTIFY ALL APPLICANTS OF THE APPROVAL OR
2 REJECTION OF THEIR APPLICATIONS IN A TIMELY FASHION.
3 (E) THE DEPARTMENT SHALL REQUIRE PERIODIC REPORTS AND OTHER SUCH DOCU-
4 MENTS AND INFORMATION AS IT DEEMS NECESSARY TO MONITOR AND REVIEW THE
5 PERFORMANCE OF EACH REGIONAL TECHNOLOGY DEVELOPMENT CENTER AWARDED A
6 GRANT.
7 6. THE DEPARTMENT SHALL SUBMIT A REPORT PURSUANT TO SUBDIVISION THIR-
8 TY-SEVEN-B OF SECTION ONE HUNDRED OF THIS CHAPTER TO THE GOVERNOR, THE
9 TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY,
10 DETAILING THE ACTIVITIES THAT EACH REGIONAL TECHNOLOGY DEVELOPMENT
11 CENTER HAS UNDERTAKEN DURING THE REPORTING YEAR. SUCH REPORTS SHALL
12 INCLUDE BUT NOT BE LIMITED TO, THE COMPOSITION OF THE CENTER, THE AMOUNT
13 OF THE GRANT AWARDED AND THE MATCH PROVIDED, THE DUTIES AND OBLIGATIONS
14 REQUIRED BY THE DEPARTMENT, A DESCRIPTION OF THE CENTER'S ACTIVITIES AND
15 ACCOMPLISHMENTS, THE NUMBER OF JOBS CREATED OR RETAINED, THE NUMBER AND
16 TYPES OF COMPANIES ASSISTED, THE INCREASE IN THE NUMBER OF NEW-TO-MARKET
17 AND NEW-TO-EXPORT BUSINESSES BY EMPLOYMENT SIZE, THE INCREASE IN THE
18 VALUE OF EXPORT SALES BY BUSINESS EMPLOYMENT SIZE, AND ANY OTHER PERTI-
19 NENT INFORMATION AS DETERMINED BY THE DEPARTMENT.
20 7. TO THE FULLEST EXTENT PERMITTED UNDER SUBDIVISION TWO OF SECTION
21 EIGHTY-SEVEN OF THE PUBLIC OFFICERS LAW, ALL INFORMATION REGARDING THE
22 FINANCIAL CONDITION, MARKETING PLANS, MANUFACTURING PROCESSES,
23 PRODUCTION COSTS, PRODUCTIVITY RATES, CUSTOMER LISTS, OR OTHER TRADE
24 SECRETS AND PROPRIETARY INFORMATION OF A PERSON OR ENTITY REQUESTING
25 ASSISTANCE FROM THE DEPARTMENT PURSUANT TO THIS SECTION WHICH IS SUBMIT-
26 TED BY SUCH PERSON OR ENTITY TO THE DEPARTMENT IN CONNECTION WITH AN
27 APPLICATION FOR ASSISTANCE OR WITH A PRODUCTIVITY ASSESSMENT OR FEASI-
28 BILITY STUDY, SHALL BE CONFIDENTIAL AND EXEMPT FROM PUBLIC DISCLOSURE.
29 S 365. SCIENCE AND TECHNOLOGY LAW CENTER. 1. THE DEPARTMENT SHALL,
30 SUBJECT TO AVAILABLE APPROPRIATIONS, ISSUE A REQUEST FOR PROPOSALS TO
31 NEW YORK LAW SCHOOLS TO ESTABLISH THE SCIENCE AND TECHNOLOGY LAW CENTER.
32 (A) THE LAW CENTER SHALL BE DESIGNATED BY THE DEPARTMENT FOR A PERIOD
33 OF TEN YEARS AND THERE SHALL BE NO LIMIT TO THE NUMBER OF TIMES AN ENTI-
34 TY MAY BE REDESIGNATED FOR ADDITIONAL TEN-YEAR PERIODS.
35 (B) IF THE DEPARTMENT DOES NOT ISSUE A TIMELY, NEW REQUEST FOR
36 PROPOSALS BEFORE THE END OF ANY TEN-YEAR PERIOD, OR DOES NOT EVALUATE
37 NEW PROPOSALS AND MAKE A NEW DESIGNATION BY THE END OF ANY TEN-YEAR
38 DESIGNATION, THE DESIGNATION OF AND FUNDING FOR THE EXISTING LAW CENTER
39 SHALL REMAIN IN EFFECT UNTIL THE END OF THE STATE FISCAL YEAR THAT
40 FOLLOWS THE LAST YEAR OF THE LAW CENTER'S DESIGNATION DURING WHICH TIME
41 THE DEPARTMENT SHALL COMPLETE ITS EVALUATION AND REDESIGNATION PROCESS
42 PURSUANT TO THIS SECTION.
43 2. THE SCIENCE AND TECHNOLOGY LAW CENTER WILL ADVISE THE DEPARTMENT,
44 CENTERS FOR ADVANCED TECHNOLOGY AND OTHER ACADEMIC AND RESEARCH INSTI-
45 TUTIONS ON ALL TECHNOLOGY-RELATED LEGAL ISSUES, AND PROVIDE ANY OTHER
46 SERVICES DEEMED NECESSARY BY THE DEPARTMENT, INCLUDING BUT NOT LIMITED
47 TO:
48 (A) CONDUCTING RESEARCH ON LEGISLATION, REGULATIONS AND LEGAL DECI-
49 SIONS THAT IMPACT THE FLOW OF TECHNOLOGY TRANSFER AND ACADEMIC RESEARCH;
50 (B) WORKING WITH THE CENTERS FOR ADVANCED TECHNOLOGY AND OTHER ACADEM-
51 IC AND RESEARCH INSTITUTIONS TO PROVIDE APPROPRIATE ASSISTANCE;
52 (C) WORKING DIRECTLY WITH STARTUP AND EARLY STAGE TECHNOLOGY COMPANIES
53 OUTSIDE OF INSTITUTIONAL SETTINGS;
54 (D) WORKING WITH THE CENTERS FOR ADVANCED TECHNOLOGY OR OTHER ACADEMIC
55 AND RESEARCH INSTITUTIONS IN CREATING AND HOSTING VENTURE CAPITAL FAIRS;
A. 8289 19
1 (E) MANAGING THE FUNCTIONS OF THE TECHNOLOGY COMMERCIALIZATION CLINIC
2 PROGRAM PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
3 3. THE TECHNOLOGY COMMERCIALIZATION CLINIC PROGRAM SHALL BE MANAGED BY
4 THE SCIENCE AND TECHNOLOGY LAW CENTER TO ASSIST NEW YORK UNIVERSITIES,
5 ENTREPRENEURS AND COMPANIES IN COMMERCIALIZING NEW PRODUCTS OR PROC-
6 ESSES.
7 (A) ENTITIES ELIGIBLE TO OPERATE THE PROGRAM SHALL BE COMPETITIVELY
8 SELECTED BY THE DEPARTMENT AND SHALL INCLUDE BUSINESS, LAW AND ENGINEER-
9 ING SCHOOLS, AND OTHER ACADEMIC RESEARCH ENTITIES, LOCATED AT COLLEGES
10 AND UNIVERSITIES IN THE STATE.
11 (B) ACTIVITIES UNDER THIS PROGRAM SHALL BE CONDUCTED BY STUDENTS
12 SUPERVISED BY APPROPRIATE FACULTY AND UNIVERSITY ADMINISTRATORS AND
13 SHALL INCLUDE BUT NOT BE LIMITED TO THE FOLLOWING:
14 (I) ENGAGING IN FACULTY-SUPERVISED PROJECTS SPECIALIZING IN RESEARCH
15 AND ANALYSIS OF THE COMMERCIAL DEVELOPMENT OF EARLY-STAGE TECHNOLOGIES
16 ON BEHALF OF NEW YORK UNIVERSITIES AND COMPANIES;
17 (II) PROVIDING RESEARCH AND ANALYSIS OF THE TECHNICAL, MARKETING,
18 INTELLECTUAL PROPERTY, GLOBAL MARKET COMPETITIVENESS, AND LEGAL ISSUES
19 RELATED TO THE COMMERCIAL DEVELOPMENT OF NEW TECHNOLOGIES ON BEHALF OF
20 NEW YORK UNIVERSITIES AND COMPANIES; AND
21 (III) COLLABORATING WITH OTHER TECHNOLOGY COMMERCIALIZATION CLINIC
22 PROGRAMS TO DEVELOP BEST PRACTICES TO SUPPORT GLOBALLY COMPETITIVE TECH-
23 NOLOGY COMMERCIALIZATION IN NEW YORK.
24 S 3. This act shall take effect immediately.
