Bill Text: NY A09000 | 2013-2014 | General Assembly | Introduced
Bill Title: Relates to the New York state biomedical and biotechnological translational research and entrepreneurship initiative.
Spectrum: Partisan Bill (Democrat 30-0)
Status: (Introduced - Dead) 2014-03-06 - referred to economic development [A09000 Detail]
Download: New_York-2013-A09000-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 9000 I N A S S E M B L Y March 6, 2014 ___________ Introduced by M. of A. MORELLE -- read once and referred to the Commit- tee on Economic Development AN ACT to amend the economic development law, in relation to the New York state biomedical and biotechnological translational research and entrepreneurship initiative THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Legislative intent. The legislature hereby finds and 2 declares that a coordinated program of research, entrepreneurship, and 3 public-private partnerships and collaborations centered in and with the 4 state's public and private medical schools can significantly increase 5 the speed and amount of commercialization of research from lab to 6 market, materially expanding economic and job opportunities for all New 7 Yorkers in this high growth sector and increasing the likelihood of high 8 impact healthcare breakthroughs, which will improve the health and well- 9 being of New Yorkers and potentially reduce health care costs. 10 The legislature further finds that although New York state's biomedi- 11 cal and biotechnological research and infrastructure includes many of 12 the nation's top institutions, researchers and scientists, and has many 13 natural advantages compared to other states, development has lagged 14 behind the nation as a whole and many states in job growth and economic 15 activity for a decade; and further, that as other states make signif- 16 icant and targeted investments to recruit top tier scientists and 17 researchers, and develop incentives that are creating rapid growth, the 18 gap between New York and other states will increase, along with a poten- 19 tial migration of scientific and research talent to other states in 20 search of opportunity and professional advancement. 21 The legislature further finds that recent changes that have made New 22 York's economic development programs more sophisticated and competitive 23 can be combined with other statutory approaches and precedents to 24 support and incentivize an effective plan for development of biomedical 25 and biotechnological entrepreneurship by and through the medical schools 26 in this state, and declares that the program enacted by this act will 27 expand economic activity and job development; maintain and attract high 28 quality scientists and researchers; increase resources available to the 29 schools and researchers from grants, private investments, patents, 30 royalties, and licensure, and leverage significant partnerships with EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13390-06-4 A. 9000 2 1 public and private entities; enhance our scientific and research capa- 2 bilities; and increase the speed of commercialization of research and 3 the expansion of economic opportunity, which are in every sense to the 4 benefit of the people of this state. 5 S 2. The economic development law is amended by adding a new article 6 22 to read as follows: 7 ARTICLE 22 8 THE NEW YORK STATE BIOMEDICAL AND BIOTECHNOLOGICAL 9 TRANSLATIONAL RESEARCH AND ENTREPRENEURSHIP INITIATIVE 10 SECTION 441. SHORT TITLE. 11 442. DEFINITIONS. 12 443. NEW YORK STATE BIOMEDICAL AND BIOTECHNOLOGICAL TRANSLATION- 13 AL RESEARCH AND ENTREPRENEURSHIP INITIATIVE COMMITTEE. 14 444. APPLICATION FOR DESIGNATION AS A NEW YORK STATE BIOMEDICAL 15 AND BIOTECHNOLOGICAL TRANSLATIONAL RESEARCH AND ENTRE- 16 PRENEURSHIP INITIATIVE CENTER. 17 445. REVIEW AND APPROVAL OF APPLICATIONS. 18 446. WAIVER IN CERTAIN CASES. 19 447. OPERATION AND RE-DESIGNATION OF NEW YORK STATE BIOMEDICAL 20 AND BIOTECHNOLOGICAL TRANSLATIONAL RESEARCH AND ENTRE- 21 PRENEURSHIP INITIATIVE CENTERS. 22 448. SCIENTIFIC RESEARCH AND DISCOVERY BANK PROGRAM. 23 449. UNIFIED CONTRACT. 24 S 441. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS 25 THE "NEW YORK STATE BIOMEDICAL AND BIOTECHNOLOGICAL TRANSLATIONAL 26 RESEARCH AND ENTREPRENEURSHIP INITIATIVE". 27 S 442. DEFINITIONS. AS USED IN THIS ARTICLE: 28 1. "MEDICAL SCHOOL" MEANS A PUBLIC OR PRIVATE MEDICAL SCHOOL ACCRED- 29 ITED BY THE LIAISON COMMITTEE ON MEDICAL EDUCATION OR THE COMMISSION ON 30 OSTEOPATHIC COLLEGE ACCREDITATION, OR SUCH MEDICAL SCHOOL AND AN AFFIL- 31 IATED ENTITY, LOCATED IN THIS STATE. 32 2. "NEW YORK STATE INCUBATORS" AND "NEW YORK STATE INNOVATION 33 HOTSPOTS" OR "INCUBATORS" AND "HOTSPOTS" MEAN AND REFER TO "NEW YORK 34 STATE INCUBATORS" AND "NEW YORK STATE INNOVATION HOTSPOTS" DESIGNATED 35 PURSUANT TO SECTION SIXTEEN-V OF THE URBAN DEVELOPMENT CORPORATION ACT. 36 3. "PEER REVIEW COMMITTEE" MEANS THE PEER REVIEW COMMITTEE CREATED BY 37 THE DEPARTMENT AND THE DEPARTMENT OF HEALTH, CONSISTING OF SCIENTIFIC 38 AND RESEARCH EXPERTS IN BIOMEDICAL AND BIOTECHNOLOGICAL DEVELOPMENT, AND 39 COMPANY REPRESENTATIVES AT THE EXECUTIVE OFFICER LEVEL ENGAGED IN MAKING 40 DEVELOPMENT, FINANCING, AND COMMERCIALIZATION OF BIOMEDICAL AND BIOTECH- 41 NOLOGICAL RESEARCH. 42 4. "PLAN" MEANS THE MULTI-YEAR PLAN THAT ACCOMPANIES THE APPLICATION 43 OF A MEDICAL SCHOOL TO BECOME A NEW YORK STATE BIOMEDICAL AND BIOTECHNO- 44 LOGICAL TRANSLATIONAL RESEARCH AND ENTREPRENEURSHIP INITIATIVE CENTER. 45 5. "PROJECT" IS THE EXECUTION OF AN APPROVED PLAN BY A NEW YORK STATE 46 BIOMEDICAL AND BIOTECHNOLOGICAL TRANSLATIONAL RESEARCH AND ENTREPRENEUR- 47 SHIP INITIATIVE CENTER. 48 6. "START-UP NY" PROGRAM MEANS THE START-UP PROGRAM AUTHORIZED PURSU- 49 ANT TO ARTICLE TWENTY-ONE OF THIS CHAPTER, AND THE "TAX-FREE NY AREA" 50 HAS THE SAME MEANING AS IN ARTICLE TWENTY-ONE OF THIS CHAPTER. 51 7. "STATE INITIATIVE COMMITTEE" OR "STATE COMMITTEE" MEANS THE BIOMED- 52 ICAL AND BIOTECHNOLOGICAL TRANSLATIONAL RESEARCH AND ENTREPRENEURSHIP 53 INITIATIVE COMMITTEE CREATED BY SECTION FOUR HUNDRED FORTY-THREE OF THIS 54 ARTICLE. 55 8. "TRANSLATIONAL RESEARCH AND ENTREPRENEURSHIP CENTER" OR "CENTER" IS 56 THE NEW YORK STATE BIOMEDICAL AND BIOTECHNOLOGICAL TRANSLATIONAL A. 9000 3 1 RESEARCH AND ENTREPRENEURSHIP INITIATIVE CENTER CREATED AT A MEDICAL 2 SCHOOL PURSUANT TO THIS ARTICLE. 3 9. "UNIFIED CONTRACT" IS THE CONTRACT BETWEEN THE DEPARTMENT AND A 4 MEDICAL SCHOOL THAT INCLUDES ALL ITEMS NECESSARY TO THE IMPLEMENTATION 5 AND ADMINISTRATION OF THE NEW YORK STATE BIOMEDICAL AND BIOTECHNOLOGICAL 6 TRANSLATIONAL RESEARCH AND ENTREPRENEURSHIP INITIATIVE PROJECT AS 7 DESCRIBED IN THIS ARTICLE BY A CENTER. 8 S 443. NEW YORK STATE BIOMEDICAL AND BIOTECHNOLOGICAL TRANSLATIONAL 9 RESEARCH AND ENTREPRENEURSHIP INITIATIVE COMMITTEE. THE NEW YORK STATE 10 BIOMEDICAL AND BIOTECHNOLOGICAL TRANSLATIONAL RESEARCH AND ENTREPRENEUR- 11 SHIP INITIATIVE COMMITTEE IS HEREBY CREATED, TO CONSIST OF THE COMMIS- 12 SIONERS OF THE DEPARTMENTS OF HEALTH, EDUCATION, ECONOMIC DEVELOPMENT, 13 LABOR, TAX AND FINANCE, THE CHANCELLOR OF THE STATE UNIVERSITY OF NEW 14 YORK, THE CHANCELLOR OF THE CITY UNIVERSITY OF NEW YORK, THE PRESIDENT 15 OF THE EMPIRE STATE DEVELOPMENT CORPORATION, THE DIRECTOR OF THE DIVI- 16 SION OF THE BUDGET, AND THE STATE COMPTROLLER. THE COMMITTEE SHALL BE 17 CHAIRED BY THE COMMISSIONER OF ECONOMIC DEVELOPMENT, AND CO-CHAIRED BY 18 THE COMMISSIONER OF HEALTH. COMMISSIONERS MAY BE REPRESENTED BY DESIG- 19 NEES AT MEETINGS OF THE COMMITTEE. 20 1. POWERS AND DUTIES. THE COMMITTEE SHALL: 21 (A) ESTABLISH GUIDELINES APPROPRIATE TO THE ACTIVITIES REQUIRED UNDER 22 THIS ARTICLE. 23 (B) DESIGNATE AS NEW YORK STATE BIOMEDICAL AND BIOTECHNOLOGICAL TRAN- 24 SITIONAL RESEARCH AND ENTREPRENEURSHIP INITIATIVE CENTERS MEDICAL 25 SCHOOLS WHICH MEET THE CRITERIA ESTABLISHED IN THIS ARTICLE. 26 (C) APPROVE WAIVERS OF REGULATIONS AND PROCEDURES PURSUANT TO SECTION 27 FOUR HUNDRED FORTY-SEVEN OF THIS ARTICLE. 28 (D) ESTABLISH A UNIFIED CONTRACT FOR PROJECTS PURSUANT TO SECTION FOUR 29 HUNDRED FORTY-NINE OF THIS ARTICLE. 30 (E) RECEIVE AND REVIEW PERFORMANCE METRICS REPORTS FROM CENTERS. 31 (F) RE-DESIGNATE THE CENTERS EVERY FIVE YEARS PURSUANT TO THIS ARTI- 32 CLE. 33 (G) DEVELOP RESOURCES AND PROCEDURES TO AID IN COMMERCIALIZATION OF 34 RESEARCH AND FUNDING OF ENTREPRENEURIAL EFFORTS CREATED AS A RESULT OF 35 PROJECTS, INCLUDING BUT NOT LIMITED TO SUCH ACTIVITIES AS PROCUREMENT OF 36 GOODS OR SERVICES FROM COMPANIES CREATED IN THE PROJECTS; ENDORSING, 37 COLLABORATING, OR UPON REQUEST OF A CENTER, ACTING AS A CO-PRINCIPAL 38 INVESTIGATOR OR OTHER LEVEL OF PARTICIPANT ON GRANTS OR OTHER ACTIVITIES 39 THAT WILL AID IN FURTHERING PROJECT ACTIVITIES; AND SUCH OTHER ACTIV- 40 ITIES AS CAN AID RAPID COMMERCIALIZATION AS ARE PERMISSIBLE UNDER LAW. 41 (H) OVERSEE AND MAKE RECOMMENDATIONS FOR APPROVAL OF APPLICATIONS TO 42 THE SCIENTIFIC RESEARCH AND DISCOVERY BANK CREATED BY THIS ARTICLE FOR 43 THE RECRUITMENT OF OUT OF STATE AND RETENTION OF IN-STATE STAR SCIEN- 44 TISTS AND RESEARCHERS. 45 (I) UPON REQUEST, PROVIDE TECHNICAL ASSISTANCE TO APPLICANTS, AND AS 46 MAY BE NEEDED FOR SUCCESSFUL IMPLEMENTATION OF A PROJECT, INCLUDING BUT 47 NOT LIMITED TO ASSISTANCE IN IDENTIFYING AND OBTAINING RESOURCES AND 48 FUNDING. 49 (J) IDENTIFY STATUTORY REQUIREMENTS THAT THE COMMITTEE VIEWS AS IMPED- 50 IMENTS TO SUCCESSFUL IMPLEMENTATION OF APPROVED PLANS, AND AS NECESSARY, 51 SUBMIT REQUESTS TO THE LEGISLATURE IN ACCORDANCE WITH ARTICLE VII OF THE 52 STATE CONSTITUTION FOR SPECIFIC LEGISLATIVE ENACTMENTS NECESSARY TO 53 REMOVE SUCH IMPEDIMENTS. 54 (K) ENTER INTO AGREEMENTS BETWEEN AND AMONG THE MEMBERS OF THE COMMIT- 55 TEE AS NECESSARY TO DELINEATE THEIR RESPECTIVE ROLES REGARDING THE COOP- 56 ERATIVE PROVISION OF FUNDING AND ASSISTANCE. A. 9000 4 1 2. THE COMMITTEE MAY ACT THROUGH ITS CHAIRS IN ALL MATTERS OF OVER- 2 SIGHT AND IMPLEMENTATION OF THE PROGRAM AUTHORIZED BY THIS ARTICLE. 3 S 444. APPLICATION FOR DESIGNATION AS A NEW YORK STATE BIOMEDICAL AND 4 BIOTECHNOLOGICAL TRANSLATIONAL RESEARCH AND ENTREPRENEURSHIP INITIATIVE 5 CENTER. IN RESPONSE TO A REQUEST FOR PROPOSALS, A MEDICAL SCHOOL OR A 6 MEDICAL SCHOOL AND AN AFFILIATED ENTITY MAY APPLY FOR FUNDING AND DESIG- 7 NATION AS A NEW YORK STATE BIOMEDICAL AND BIOTECHNOLOGICAL TRANSLATIONAL 8 RESEARCH AND ENTREPRENEURSHIP INITIATIVE CENTER BY SUBMITTING AN APPLI- 9 CATION AND PLAN TO THE COMMISSIONER. THE COMMISSIONER SHALL FORWARD ALL 10 SUCH APPLICATIONS TO THE PEER REVIEW COMMITTEE FOR REVIEW AND RECOMMEN- 11 DATION AS HEREIN PROVIDED, AND THEN TO THE STATE COMMITTEE. IN ADDITION 12 TO SUCH OTHER ITEMS, WARRANTIES, AND INFORMATION AS THE STATE INITIATIVE 13 COMMITTEE MAY REQUIRE, PLANS MUST SHOW THAT THE ACTIVITIES TO BE UNDER- 14 TAKEN WILL COMMERCIALIZE RESEARCH FROM LAB TO MARKETPLACE, DEMONSTRATE 15 THAT THE CENTER MEETS THE MATCHING FUNDS AND ENTREPRENEUR RELATIONSHIP 16 REQUIREMENTS HEREUNDER, AND MEET A MAJORITY OF THE REMAINDER OF THE 17 FOLLOWING ITEMS: 18 1. COMMITMENT: A MULTI-YEAR COMMITMENT TO IMPLEMENT THE PLAN, OVER A 19 PERIOD OF NOT LESS THAN FIVE YEARS, DEMONSTRATED BY A COMMITMENT OF 20 RESOURCES, PERSONNEL, AND FUNDS THAT THE SCHOOL WILL USE, DIRECTLY OR 21 THROUGH PARTNERSHIPS AND COLLABORATIONS, TO PROVIDE AND/OR INCENTIVIZE 22 AN INTEGRATED PROGRAM OF RESEARCH, EDUCATION, CLINICAL PRACTICE, ENTRE- 23 PRENEURSHIP, FINANCING, PARTNERSHIPS, AND RAPID COMMERCIALIZATION OF 24 RESEARCH. SUCH DEMONSTRATION MAY ALSO INCLUDE CAPITAL INVESTMENTS MADE 25 OR PLANNED FOR NEW OR REHABILITATED RESEARCH OR LABORATORY SPACE, 26 CONTINUED SUPPORT FOR ACTIVITIES AFTER THE CONCLUSION OF THE PROJECT, 27 AND OTHER ACTIVITIES DEMONSTRATING COMMITMENT. 28 2. RESOURCES: A DESCRIPTION OF THE ACTIONS AND RESOURCES NECESSARY TO 29 MEET THE PLAN OBJECTIVES OVER ITS DURATION; A DEMONSTRATION THAT THE 30 MEDICAL SCHOOL HAS OR IS DEVELOPING OPERATIONAL CLINICAL FACILITIES AND 31 EXPERTISE OR EVIDENCE OF BONA FIDE COLLABORATIONS AND PARTNERSHIPS THAT 32 CAN PROVIDE SUCH FACILITIES AND EXPERTISE TO SUCCESSFULLY IMPLEMENT THE 33 PLAN; A DEMONSTRATION THAT THE PROJECT WILL HAVE A PROFESSIONAL MANAGE- 34 MENT TEAM WITH EXPERIENCE, EXPERTISE, OR CREDENTIALS IN AREAS INCLUDING 35 BUT NOT LIMITED TO MANAGEMENT, ENTREPRENEURSHIP, BUSINESS DEVELOPMENT, 36 OR OTHER EQUIVALENT AREAS. THE DEMONSTRATION MAY INCLUDE RECRUITMENT 37 PLANS OR COMMITMENTS FOR HIGH LEVEL RESEARCH PROFESSIONALS, INCLUDING 38 HOW THE SCHOOL WOULD MAKE USE OF THE SCIENTIFIC RESEARCH AND DISCOVERY 39 BANK. 40 3. ENTREPRENEURIAL AND RESEARCH COLLABORATIONS: EVIDENCE OF BONA FIDE 41 ENTREPRENEURIAL RELATIONSHIPS WITH ONE OR MORE INCUBATORS OR HOTSPOTS, 42 AND RESEARCH COLLABORATIONS WITH OTHER ENTITIES INCLUDING BUT NOT LIMIT- 43 ED TO OTHER RESEARCH INSTITUTIONS, PHARMACEUTICAL AND BIOMEDICAL AND 44 BIOTECHNOLOGY COMPANIES. 45 4. LEVERAGED AND APPLIED FUNDING: A DEMONSTRATION THAT THE SCHOOL 46 ALREADY POSSESSES OR HAS A COMMITMENT FOR AND WILL MAINTAIN DURING THE 47 PLAN PERIOD THE REQUIRED FUNDING MATCH RATIO OF AT LEAST TWO DOLLARS FOR 48 EVERY STATE DOLLAR PROVIDED PURSUANT TO THIS ARTICLE TO AN APPROVED 49 PLAN, AND HOW THE SCHOOL WILL USE OTHER RESOURCES, PARTNERSHIPS, AND 50 COLLABORATIONS TO AID DIRECTLY OR INDIRECTLY IN ACTIVITIES CRITICAL TO 51 THE COMMERCIALIZATION OF RESEARCH. INSOFAR AS PRACTICABLE, SUCH MATCHING 52 FUNDS SHOULD NOT CONSIST OF DIRECT STATE GRANTS FROM THE DEPARTMENT OR 53 FROM ANOTHER STATE AGENCY OR STATE PUBLIC AUTHORITY, PROVIDED THAT NOTH- 54 ING IN THIS SUBDIVISION SHALL BE DEEMED TO PROHIBIT A MEDICAL SCHOOL OF 55 THE STATE UNIVERSITY OF NEW YORK WHICH HAS BEEN DESIGNATED AS A CENTER 56 FROM USING A PORTION OF ITS OPERATING FUNDS AS MATCHING FUNDS. A. 9000 5 1 5. ADDITIONAL PLANS AND PROGRAMS: OTHER PLANS AND PROGRAMS INTEGRAL TO 2 THE SUCCESSFUL EXECUTION OF THE PROJECT, INCLUDING BUT NOT LIMITED TO 3 PATENT AND INTELLECTUAL PROPERTY PLANS, TRAINING AND EDUCATIONAL 4 PROGRAMS, AND EDUCATIONAL INTEGRATION WITH RESEARCH AND CLINICAL ACTIV- 5 ITIES. 6 6. COMMUNITY SUPPORT: A DEMONSTRATION OF COMMUNITY SUPPORT FROM BUSI- 7 NESS AND GOVERNMENT LEADERS AND ORGANIZATIONS. 8 7. BEST PRACTICES: A DEMONSTRATION THAT THE MEDICAL SCHOOL HAS OR WILL 9 ADOPT BEST PRACTICES AND USE OF MULTI-YEAR METRICS FOR PERFORMANCE, AND 10 THAT IT WILL REPORT DATA AS REQUESTED OR REQUIRED TO THE DEPARTMENT AND 11 THE STATE INITIATIVE COMMITTEE. 12 8. PERFORMANCE METRICS: ANTICIPATED ANNUAL AND CUMULATIVE OUTCOMES OF 13 THE PROJECT IN TERMS OF DIRECT, INDIRECT, AND RETAINED JOBS, INVESTMENT, 14 AND ECONOMIC AND OTHER ACTIVITY, STATED IN A SPECIFIC AND MEASURABLE 15 WAY, AND RESEARCH FINDINGS AND PROGRESS. 16 9. ADVISORY COUNCIL: AN ADVISORY COUNCIL OF FIVE MEMBERS OR MORE THAT 17 INCLUDES ONE OR MORE EXECUTIVE OFFICERS OF FIRMS THAT HAVE BEEN CREATED 18 FROM RESEARCH AT THE SCHOOL, AND INDIVIDUALS WITH EXPERTISE IN AREAS 19 APPROPRIATE TO THE SPECIFIC DEVELOPMENTAL SECTOR OR CONCENTRATION OF 20 CLIENTS, OR TO BIOMEDICAL AND BIOTECHNOLOGICAL RESEARCH AND DEVELOPMENT, 21 AND TO THE MISSION AND GOAL OF THE PROJECT. 22 S 445. REVIEW AND APPROVAL OF APPLICATIONS. REVIEW OF APPLICATIONS 23 SHALL TAKE PLACE AS FOLLOWS: 24 1. THE COMMISSIONER SHALL REVIEW APPLICATIONS AND PLANS RECEIVED FOR 25 COMPLETENESS, AND THEN FORWARD THEM TO THE PEER REVIEW COMMITTEE. NO 26 PLAN SHALL BE APPROVED BY THE STATE INITIATIVE COMMITTEE THAT HAS 27 RECEIVED A DESIGNATION OF NOT RECOMMENDED FOR FURTHER CONSIDERATION 28 (NRFC) BY THE PEER REVIEW COMMITTEE. NO PLANS SHALL BE FORWARDED BY THE 29 COMMISSIONER TO EITHER COMMITTEE THAT REQUIRE THAT FUNDS MADE AVAILABLE 30 PURSUANT TO THIS ARTICLE SHALL BE DIRECTLY OR INDIRECTLY UTILIZED FOR 31 RESEARCH INVOLVING HUMAN REPRODUCTIVE CLONING. 32 2. THE MEMBERS OF THE PEER REVIEW COMMITTEE SHALL BE SELECTED BY THE 33 CHAIR AND THE CO-CHAIR OF THE STATE INITIATIVE COMMITTEE USING GUIDE- 34 LINES APPROVED BY SUCH COMMITTEE, WHICH SHALL INCLUDE REQUIREMENTS 35 CONCERNING EXPERTISE AND AVOIDANCE OF CONFLICT OF INTEREST. IF NECESSARY 36 AND DEEMED APPROPRIATE BY THE STATE INITIATIVE COMMITTEE, PLANS MAY BE 37 SUBMITTED BLIND TO THE PEER REVIEW PANEL. PEER REVIEW PANELS SHALL 38 INCLUDE A MINIMUM OF FIVE MEMBERS. 39 3. THE PEER REVIEW COMMITTEE SHALL REVIEW AND SCORE PLANS BASED ON THE 40 FOLLOWING CRITERIA: 41 (A) SCIENTIFIC AND TECHNICAL MERIT; 42 (B) THE LEVEL OF SCIENTIFIC KNOWLEDGE, TECHNICAL CAPABILITY, AND/OR 43 CLINICAL PRACTICE AND OTHER NECESSARY PLAN COMPONENTS THAT WOULD BE 44 REQUIRED TO BE HOUSED AT THE MEDICAL SCHOOL, INCLUDING IMPROVEMENTS THAT 45 MAY BE ANTICIPATED BASED ON THE PLAN; 46 (C) THE SUITABILITY OF PRINCIPAL INVESTIGATIONS, COLLABORATORS, AND 47 OTHER RESEARCHERS TO THE PROJECT, INCLUDING THE EXPERIENCE AND TRAINING 48 OF STAFF AND COLLABORATORS; 49 (D) THE ONGOING RECORD OF ACCOMPLISHMENTS AND INTEGRATED EXPERTISE AT 50 THE SCHOOL OR AS PROPOSED IN THE PLAN, INCLUDING LEADERSHIP APPROACH, 51 GOVERNANCE AND ORGANIZATIONAL STRUCTURE; 52 (E) PLANS FOR PROTECTION OF HUMAN SUBJECTS; 53 (F) THE SCIENTIFIC ENVIRONMENT IN WHICH THE WORK WILL BE DONE; 54 (G) APPROPRIATENESS OF INSTITUTIONAL SUPPORT, EQUIPMENT, AND OTHER 55 PHYSICAL RESOURCES; AND A. 9000 6 1 (H) SUCH OTHER INFORMATION AS THE STATE INITIATIVE COMMITTEE SHALL 2 REQUIRE. 3 4. AN APPLICATION RECEIVING A LOW SCORE BY THE PEER REVIEW COMMITTEE 4 BASED ON THE CRITERIA IN SUBDIVISION THREE OF THIS SECTION, OR WHICH 5 LACKS SIGNIFICANT AND SUBSTANTIAL MERIT, OR WHICH PRESENTS IN THE VIEW 6 OF THE PEER REVIEW COMMITTEE SERIOUS ETHICAL PROBLEMS IN THE PROTECTION 7 OF HUMAN SUBJECTS FROM RESEARCH RISKS, OR OTHER SERIOUS ETHICAL PROB- 8 LEMS, SHALL BE DESIGNATED NOT RECOMMENDED FOR FURTHER CONSIDERATION 9 (NRFC). SUCH PLANS SHALL BE RETURNED TO THE COMMISSIONER AND BY THE 10 COMMISSIONER TO THE STATE INITIATIVE COMMITTEE WITH WRITTEN RECOMMENDA- 11 TIONS FOR CHANGE. 12 5. THE STATE INITIATIVE COMMITTEE SHALL REVIEW AND SCORE PLANS BASED 13 ON THE CATEGORIES REQUIRED IN THE APPLICATION PURSUANT TO SECTION FOUR 14 HUNDRED FORTY-FOUR OF THIS ARTICLE, AND SHALL ADDITIONALLY CONSIDER THE 15 FOLLOWING: 16 (A) THE ANTICIPATED EFFECTIVENESS OF THE PLAN AS EVIDENCED BY THE 17 EXISTENCE OF AVAILABLE RESOURCES DEDICATED TO THE PLAN AND THE COMMIT- 18 MENT OF THE MEDICAL SCHOOL; 19 (B) THE ABILITY OF THE APPLICANT TO UNDERTAKE AND COMPLETE THE PLAN, 20 THE FEASIBILITY OF MEETING THE METRICS AND GOALS PROVIDED FOR DETERMIN- 21 ING THE SUCCESS OF THE PLAN, THE DURABILITY AND EXTENT OF THE RELATION- 22 SHIPS WITH INCUBATORS AND HOTSPOTS, AND WITH START-UP NY PROJECTS, AND 23 WITH PRIVATE AND OTHER PUBLIC COLLABORATORS; 24 (C) THE ABILITY OF THE APPLICANT TO PROVIDE THE NECESSARY DATA FOR AN 25 EFFECTIVE EVALUATION OF THE PROJECT; 26 (D) THE AMOUNT OF FEDERAL AND PRIVATE GRANTS, OR OTHER RESOURCES THAT 27 WILL BE INCENTIVIZED AND MADE AVAILABLE TO THE SCHOOL TO ASSIST IN FUND- 28 ING OF THE PROJECT; AND 29 (E) SUCH OTHER MEASURABLE CRITERIA AS SHALL BE DETERMINED BY THE 30 COMMITTEE. 31 6. PLANS DESIGNATED AS NOT RECOMMENDED FOR FURTHER CONSIDERATION 32 (NRFC) BY THE PEER REVIEW COMMITTEE OR THE STATE INITIATIVE COMMITTEE 33 SHALL BE RETURNED TO THE APPLICANT WITH ANY RECOMMENDATIONS FOR AMEND- 34 MENT AND MAY BE RESUBMITTED IN THE FOLLOWING YEAR. 35 7. THE STATE INITIATIVE COMMITTEE SHALL REVIEW THE APPLICATIONS AND 36 PLANS SUBMITTED TO IT AND RECOMMEND CHANGES AND DETERMINE FUNDING LEVELS 37 AND SOURCES TO BE INCLUDED IN THE UNIFIED CONTRACT, PROVIDED THAT NOT 38 MORE THAN FORTY PERCENT OF FUNDS, APPROPRIATED PURSUANT TO THIS ARTICLE 39 SHALL BE USED FOR ANY SINGLE PROJECT IN ANY YEAR. INSOFAR AS PRACTICABLE 40 IN APPROVING APPLICATIONS, THE COMMITTEE SHALL SEEK TO PROVIDE A 41 GEOGRAPHICALLY BALANCED DISTRIBUTION AMONG THE REGIONS OF THE STATE IN 42 DESIGNATING NEW YORK STATE BIOMEDICAL AND BIOTECHNOLOGICAL TRANSLATIONAL 43 RESEARCH AND ENTREPRENEURSHIP INITIATIVE CENTERS. 44 8. AS SOON AS PRACTICABLE AFTER APPROVING AN APPLICATION THE COMMITTEE 45 SHALL NOTIFY THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF 46 THE ASSEMBLY OF ITS APPROVAL. SUCH NOTIFICATION SHALL IDENTIFY THE 47 RECIPIENT AND STATE THE PROPOSED LOCATION, THE ESTIMATED PROJECT FUNDING 48 AND AWARD AND PROVIDE A BRIEF DESCRIPTION OF THE PROJECT. 49 S 446. WAIVER IN CERTAIN CASES. TO PROMOTE INNOVATIVE APPROACHES AND 50 MAXIMIZE EFFECTIVE USE OF PUBLIC MONIES AND THE LIKELIHOOD OF SUCCESS IN 51 OPERATION OF APPROVED NEW YORK STATE BIOMEDICAL AND BIOTECHNOLOGICAL 52 TRANSLATIONAL RESEARCH AND ENTREPRENEURSHIP INITIATIVE CENTERS, AND 53 NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE COMMISSIONER OR DIRECTOR 54 OF ANY STATE AGENCY THAT IS A MEMBER OF THE STATE INITIATIVE COMMITTEE 55 MAY WAIVE, UPON APPLICATION BY SUCH CENTER AND SUBJECT TO THE APPROVAL 56 OF THE STATE INITIATIVE COMMITTEE AND THE DIRECTOR OF THE BUDGET, ANY OF A. 9000 7 1 SUCH AGENCY'S REGULATORY OR PROCEDURAL REQUIREMENTS THAT MAY IMPEDE THE 2 SUCCESSFUL IMPLEMENTATION OF A PROJECT UNDERTAKEN BY THE CENTER, 3 PROVIDED THAT SUCH WAIVER IS CONSISTENT WITH APPLICABLE STATE AND FEDER- 4 AL STATUTES AND WILL NOT IMPAIR THE GENERAL HEALTH OR WELFARE OF THE 5 PEOPLE RECEIVING SERVICES UNDER SUCH PROJECT OR OTHERS. SUCH COMMISSION- 6 ER OR DIRECTOR SHALL BE AUTHORIZED, IN CONSULTATION WITH THE DIRECTOR OF 7 THE BUDGET, TO IMPOSE APPROPRIATE ALTERNATIVE STANDARDS IN PLACE OF ANY 8 WAIVED REQUIREMENTS. 9 S 447. OPERATION AND RE-DESIGNATION OF NEW YORK STATE BIOMEDICAL AND 10 BIOTECHNOLOGICAL TRANSLATIONAL RESEARCH AND ENTREPRENEURSHIP INITIATIVE 11 CENTERS. IN ADDITION TO ANY OTHER REQUIREMENTS OF THIS ARTICLE, A CENTER 12 WILL AGREE TO PROVIDE DATA SHOWING ITS SUCCESS IN MEETING PROJECT PLAN 13 GOALS, INCLUDING YEAR BY YEAR COMPARISON OF RESEARCH ACTIVITY AND 14 COMMERCIALIZATION THEREOF, FIRM FINANCING AND EQUITY CAPITAL RAISED, 15 PROVIDED OR LEVERAGED FROM ALL SOURCES, PERSONNEL EMPLOYED ON THE 16 PROJECT, AND JOBS CREATED BY AND THROUGH THE PROJECT. THE DEPARTMENT 17 SHALL DESIGN SIMPLIFIED FORMS TO AID IN THE SUBMISSION OF SUCH DATA, 18 WHICH MAY BE SUBMITTED ELECTRONICALLY. 19 THE CHAIRS OF THE STATE INITIATIVE COMMITTEE SHALL EVALUATE AND REPORT 20 ON THE OPERATIONS OF THE CENTER USING METHODS INCLUDING BUT NOT LIMITED 21 TO SITE VISITS, REPORTS PURSUANT TO SPECIFIC INFORMATION, AND REVIEW 22 EVALUATIONS. IF THE CHAIRS DETERMINE THE PROJECT IS NOT PROGRESSING AS 23 AGREED, THE CENTER WILL BE NOTIFIED OF DEFICIENCIES AND THE CENTER SHALL 24 REMEDY ANY DEFICIENCIES IN ITS OPERATIONS IN A TIMELY MANNER. SUCH EVAL- 25 UATIONS SHALL TAKE PLACE NO LESS THAN ONCE EVERY THREE YEARS OR MORE 26 OFTEN FOR ANY INDIVIDUAL CENTER AT THE DISCRETION OF THE CHAIRS, AND 27 SHALL RESULT IN A WRITTEN REPORT THAT INCLUDES PROGRAMMATIC AND FISCAL 28 EVALUATION OF THE PROJECT AND RECOMMENDATIONS FOR IMPROVEMENT. 29 FAILURE TO TIMELY CURE A DEFICIENCY AFTER REVIEW SHALL RESULT IN 30 DISQUALIFICATION OF THE MEDICAL SCHOOL AS A CENTER. 31 A CENTER SHALL BE DEEMED RE-DESIGNATED UPON APPLICATION EVERY FIVE 32 YEARS UNLESS IT SHALL RECEIVE A NEGATIVE EVALUATION FROM THE PEER REVIEW 33 GROUP ON ITS APPLICATION FOR RE-DESIGNATION, OR IF IT SHALL FAIL TO 34 REMEDY IDENTIFIED DEFECTS IN ITS OPERATION MADE KNOWN TO IT PURSUANT TO 35 THIS SECTION, OR IF THE STATE INITIATIVE COMMITTEE DETERMINES THAT SUCH 36 DEFECTS ARE OF SUCH A NATURE, INVOLVE FRAUD, OR ARE OF SUCH EXTENT THAT 37 THEY CANNOT BE REMEDIED. 38 S 448. SCIENTIFIC RESEARCH AND DISCOVERY BANK PROGRAM. THE SCIENTIFIC 39 RESEARCH AND DISCOVERY BANK PROGRAM IS HEREBY CREATED, WHOSE PURPOSE 40 SHALL BE TO PROVIDE FUNDS TO CENTERS FOR RECRUITMENT OF OUT OF STATE AND 41 RETENTION OF IN-STATE SCIENTISTS AND RESEARCHERS NECESSARY TO THE 42 SUCCESSFUL IMPLEMENTATION OF APPROVED PROJECTS. MONIES SHALL BE MADE 43 AVAILABLE TO CENTERS FROM FUNDS APPROPRIATED FOR THE PURPOSES OF THIS 44 ARTICLE, AFTER REVIEW AND UPON APPROVAL BY THE STATE INITIATIVE COMMIT- 45 TEE PURSUANT TO A PLAN SUBMITTED BY A CENTER. SUCH PLAN MAY BE SUBMITTED 46 AT THE TIME OF THE APPLICATION OR AT ANY TIME DURING THE IMPLEMENTATION 47 OF THE MULTI-YEAR APPROVED PLAN AND MUST DEMONSTRATE TO THE SATISFACTION 48 OF THE COMMITTEE THAT THE CENTER HAS OR WILL HAVE DURING THE PERIOD OF 49 THE GRANT A MATCH OF TWO DOLLARS FOR EVERY STATE DOLLAR PROVIDED PURSU- 50 ANT TO THIS SECTION. PLANS MUST SHOW THE TIMELINE AND USAGE OF FUNDS 51 REQUIRED AND SUCH OTHER INFORMATION AS THE COMMITTEE SHALL REQUIRE, 52 INCLUDING: THE NEED FOR SUCH FUNDS AND THE MANNER IN WHICH SUCH AWARD 53 WOULD ENHANCE THE RESEARCH CAPABILITIES OF THE CENTER NECESSARY TO 54 SUCCESSFUL IMPLEMENTATION OF THE PROJECT PLAN; THE ABILITY OF THE 55 RESEARCHER TO LEVERAGE AND ATTRACT FEDERAL FUNDS, VENTURE CAPITAL AND 56 PRIVATE INDUSTRY FUNDS; AND THE WILLINGNESS OF SUCH RESEARCHER TO PURSUE A. 9000 8 1 ENTREPRENEURIAL ENTERPRISES RESULTING IN NEW BUSINESS OR THE EXPANSION 2 OF EXISTING BUSINESS IN THIS STATE. THE COMMITTEE SHALL ESTABLISH A 3 SCHEDULE FOR PAYMENT OF THE AWARD. FUNDS PROVIDED PURSUANT TO THIS 4 SECTION MUST BE APPLIED DIRECTLY TO NECESSARY EXPENSES FOR RECRUITMENT 5 AND RETENTION OF SCIENTISTS AND RESEARCHERS, AND MAY NOT BE USED FOR 6 INDIRECT OR OTHER OVERHEAD COSTS OF THE MEDICAL SCHOOL. INSOFAR AS PRAC- 7 TICABLE, SUCH MATCHING FUNDS SHOULD NOT CONSIST OF DIRECT STATE GRANTS 8 FROM THE DEPARTMENT OR FROM ANOTHER STATE AGENCY OR STATE PUBLIC AUTHOR- 9 ITY, PROVIDED THAT NOTHING IN THIS SECTION SHALL BE DEEMED TO PROHIBIT A 10 MEDICAL SCHOOL OF THE STATE UNIVERSITY OF NEW YORK WHICH HAS BEEN DESIG- 11 NATED AS A CENTER FROM USING A PORTION OF ITS OPERATING FUNDS AS MATCH- 12 ING FUNDS. FUNDS USED FOR MATCH MAY INCLUDE REASONABLE ADMINISTRATIVE 13 COSTS ASSOCIATED WITH OUT OF STATE RECRUITMENT OR IN-STATE RETENTION. 14 S 449. UNIFIED CONTRACT. THE COMMISSIONER ON BEHALF OF THE STATE 15 INITIATIVE COMMITTEE SHALL ENTER INTO A UNIFIED CONTRACT WITH EACH 16 CENTER. THE PROVISIONS OF SUCH CONTRACT SHALL INCLUDE, BUT NOT BE LIMIT- 17 ED TO: A DESCRIPTION OF PROJECT SERVICES AND ACTIVITIES; THE PLAN; 18 ALLOWABLE PROJECT COSTS; SPECIFIC SOURCES OF FUNDS THAT WILL SUPPORT THE 19 APPROVED COSTS, INCLUDING GOVERNMENTAL AND NON-GOVERNMENTAL FUNDS OR 20 REVENUES THAT ARE PROPOSED TO BE USED IN SUPPORT OF PROJECT COSTS; AND 21 THE ALLOCATION OF COSTS BY FUNDING SOURCE. THE FORM OF SUCH UNIFIED 22 CONTRACT SHALL BE DEVELOPED IN CONSULTATION WITH THE DIVISION OF THE 23 BUDGET AND THE OFFICE OF STATE COMPTROLLER. THE COMPTROLLER IS AUTHOR- 24 IZED PURSUANT TO A CERTIFICATE OF ALLOCATION SUBMITTED BY THE DIVISION 25 OF THE BUDGET TO INTERCHANGE OR TRANSFER FROM APPROPRIATIONS MADE TO THE 26 AGENCIES OF THE COMMITTEE OR ANY OTHER APPROPRIATION, AS APPROPRIATE, 27 SUCH AMOUNTS AS MAY BE REQUIRED TO FULFILL THE OBLIGATIONS OF THE STATE 28 PURSUANT TO SUCH UNIFIED CONTRACTS FOR PAYMENTS OF SUCH OBLIGATIONS. THE 29 DIVISION OF THE BUDGET SHALL PROVIDE THE CHAIRS OF THE SENATE FINANCE 30 COMMITTEE AND THE ASSEMBLY WAYS AND MEANS COMMITTEE WITH QUARTERLY 31 REPORTS OF ALL INTERCHANGES AND TRANSFERS WHICH OCCUR PURSUANT TO THIS 32 SUBDIVISION. 33 1. ALLOWABLE COSTS FOR A PROJECT SHALL INCLUDE, BUT NOT BE LIMITED TO 34 COSTS REASONABLY INCURRED FOR: 35 (A) PREPARATION OF THE PLAN; 36 (B) ACTIVITIES AS APPROVED IN THE PROJECT APPLICATION; 37 (C) EVALUATION OF THE APPROVED PROJECT; AND 38 (D) RENOVATIONS TO EXISTING STRUCTURES AS MAY BE NEEDED IN FURTHERANCE 39 OF THE PLAN, EXCEPT THAT IN NO CASE SHALL THE STATE SUPPORT OF SUCH 40 COSTS EXCEED EITHER TWENTY-FIVE PERCENT OF THE AMOUNT TO BE PROVIDED 41 PURSUANT TO THE CONTRACT OR FIFTY PERCENT OF THE TOTAL RENOVATION COSTS, 42 WHICHEVER IS LESS. 43 2. FUNDING MADE AVAILABLE PURSUANT TO THIS ARTICLE SHALL NOT BE USED 44 TO SUPPLANT OTHER FUNDS FOR OPERATIONS OR PROJECTS OF A CENTER. 45 IN ADDITION TO THE FOREGOING REQUIREMENTS, A CENTER SHALL AGREE TO 46 DEDICATE ALL FUNDS FROM ANY SUPPORT RECEIVED PURSUANT TO THIS ARTICLE, 47 EXCEPT FOR FUNDS RECEIVED PURSUANT TO PARAGRAPH (D) OF SUBDIVISION ONE 48 OF THIS SECTION, TO OPERATIONS OF THE CENTER WITHOUT DEDUCTIONS FOR 49 OVERHEAD, INDIRECT COSTS, OR FACILITIES AND ADMINISTRATION CHARGES OF 50 THE MEDICAL SCHOOL, AND TO LIMIT TO TEN PERCENT OR LESS THE ALLOCATION 51 OF FUNDS RECEIVED THROUGH THIS ARTICLE TO ADMINISTRATIVE COSTS OF THE 52 CENTER. 53 S 3. This act shall take effect on the first of September next 54 succeeding the date on which it shall have become a law.