Bill Text: NY S00986 | 2011-2012 | General Assembly | Introduced
Bill Title: Establishes a biomedical research grants and working capital loan program within the urban development corporation; sets application criteria for loans and grants; requires scientific peer review and a biomedical research advisory board.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2012-01-26 - PRINT NUMBER 986A [S00986 Detail]
Download: New_York-2011-S00986-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 986 2011-2012 Regular Sessions I N S E N A T E (PREFILED) January 5, 2011 ___________ Introduced by Sens. KLEIN, SAMPSON -- read twice and ordered printed, and when printed to be committed to the Committee on Corporations, Authorities and Commissions AN ACT to amend the New York state urban development corporation act, in relation to establishing a biomedical research grants and working capital loan program to promote the state's biomedical research indus- try and ancillary businesses THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 1 of chapter 174 of the laws of 1968, constituting 2 the New York state urban development corporation act, is amended by 3 adding a new section 16-u to read as follows: 4 S 16-U. BIOMEDICAL RESEARCH GRANTS AND WORKING CAPITAL LOAN PROGRAM. 5 1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION: 6 (A) "RESEARCH INSTITUTION" OR "INSTITUTION" SHALL MEAN A PUBLIC, 7 QUASI-PUBLIC OR PRIVATE BIOMEDICAL RESEARCH FACILITY OR INSTITUTION OF 8 HIGHER EDUCATION LOCATED WITHIN THE STATE. 9 (B) "BIOMEDICAL RESEARCH" SHALL MEAN AND INCLUDE APPLIED SCIENTIFIC 10 RESEARCH IN THE AREA OF BIOMEDICINE INCLUDING, BUT NOT LIMITED TO, PHAR- 11 MACEUTICAL RESEARCH APPLICATIONS, SURGICAL INSTRUMENTS, FIXED DIAGNOSTIC 12 EQUIPMENT USED TO IDENTIFY, ISOLATE OR TREAT PHYSICAL OR MENTAL ILLNESS, 13 AND BIOCHEMISTRY; OR OTHER RELEVANT BIOMEDICAL RESEARCH. 14 2. PROGRAM ESTABLISHED. THE CORPORATION SHALL ESTABLISH THE BIOMEDI- 15 CAL RESEARCH GRANTS AND WORKING CAPITAL LOAN PROGRAM FOR THE PURPOSE OF 16 ESTABLISHING AN ECONOMIC DEVELOPMENT GRANTS AND WORKING CAPITAL REVOLV- 17 ING LOAN FUND TO BE ADMINISTERED BY THE CORPORATION. SUCH FUND SHALL BE 18 USED TO PROVIDE FINANCIAL ASSISTANCE IN THE FORM OF WORKING CAPITAL 19 LOANS FOR BIOMEDICAL RESEARCH PROJECTS, NEW EQUIPMENT AT BIOMEDICAL 20 RESEARCH INSTITUTIONS, AND FOR, UNDER LIMITED CIRCUMSTANCES, GRANTS FOR EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04987-01-1 S. 986 2 1 SALARIES OF BIOMEDICAL RESEARCHERS, STAFF SUPPORT AND NON-PERSONAL 2 SERVICE AT SUCH RESEARCH INSTITUTIONS. 3 3. APPLICATION CRITERIA. IN ADDITION TO OTHER CRITERIA AS THE CORPO- 4 RATION MAY ADOPT FOR THE CONSIDERATION OF APPROVING APPLICATIONS FOR 5 GRANTS AND LOANS PROVIDED FOR IN SUBDIVISION TWO OF THIS SECTION, THE 6 CORPORATION SHALL: 7 (A) DETERMINE THAT THE RESEARCH INSTITUTION IS UNABLE TO READILY 8 OBTAIN SUFFICIENT FUNDING ON REASONABLE TERMS FROM OTHER PUBLIC OR 9 PRIVATE SOURCES TO PERMIT THE PLANNED PROJECT TO PROCEED; 10 (B) GIVE PRIORITY TO THOSE APPLICATIONS FOR ASSISTANCE THAT SECURE A 11 HIGH PORTION OF PRIVATE SUPPORT FOR BIOMEDICAL RESEARCH OR COMMIT NEW 12 RESOURCES TO THE EXPANSION OF BIOMEDICAL RESEARCH AT THE INSTITUTION; 13 AND 14 (C) CONSIDER THE POTENTIAL LONG TERM ECONOMIC BENEFITS TO THE STATE BY 15 AWARDING THE SPECIFIC GRANT OR LOAN AND WHETHER THE GRANT OR LOAN WILL 16 RESULT IN A REASONABLE LIKELIHOOD OF SUCCESS IN MEETING THE PURPOSES FOR 17 WHICH IT WAS SOUGHT BY THE APPLICANT. 18 4. SCIENTIFIC PEER REVIEW. THE CORPORATION SHALL ENGAGE THE SERVICES 19 OF CONSULTANTS FOR THE PURPOSE OF CONDUCTING A SCIENTIFIC PEER REVIEW OF 20 ALL APPLICATIONS FOR SUCH GRANTS AND LOANS. SUCH CONSULTANTS SHALL HAVE 21 SUBSTANTIAL EXPERIENCE IN THE ESTABLISHMENT AND MANAGEMENT OF SUCH PEER 22 REVIEW PROCESS AND SHALL MAKE RECOMMENDATIONS TO THE BIOMEDICAL RESEARCH 23 ADVISORY BOARD ESTABLISHED PURSUANT TO SUBDIVISION SIX OF THIS SECTION. 24 5. FUNDS. THE FUND SHALL CONSIST OF SUCH AMOUNTS AS MAY BE APPROPRI- 25 ATED, ANY REPAYMENT OF THE PRINCIPAL AMOUNT OF ANY LOAN MADE FROM THE 26 FUND, AND ANY INTEREST EARNED BY THE CORPORATION FROM THE INVESTMENT OF 27 MONEYS OF THE FUND. 28 6. ADVISORY BOARD. (A) THERE SHALL BE ESTABLISHED IN THE CORPORATION A 29 BIOMEDICAL RESEARCH ADVISORY BOARD WHICH SHALL OVERSEE THE PROCESS OF 30 PROVIDING SUCH FINANCIAL ASSISTANCE. SUCH BOARD SHALL CONSIST OF THIR- 31 TEEN VOTING MEMBERS AS FOLLOWS: 32 (I) THE COMMISSIONER OF HEALTH; 33 (II) THE COMMISSIONER OF MENTAL HEALTH; 34 (III) THE CHAIR OF THE STATE HEALTH RESEARCH COUNCIL; 35 (IV) FOUR MEMBERS APPOINTED BY THE GOVERNOR; 36 (V) TWO MEMBERS APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE; 37 (VI) TWO MEMBERS APPOINTED BY THE SPEAKER OF THE ASSEMBLY; 38 (VII) ONE MEMBER APPOINTED BY THE MINORITY LEADER OF THE SENATE; AND 39 (VIII) ONE MEMBER APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY. 40 (B) THE APPOINTED MEMBERS SHALL EACH HAVE ADVANCED KNOWLEDGE OF OR AN 41 ADVANCED DEGREE IN ONE OF THE FIELDS OF BIOMEDICAL SCIENCES, OR BE A 42 PROMINENT MEMBER OF THE BIOMEDICAL RESEARCH INDUSTRY. SUCH MEMBERS OF 43 THE ADVISORY BOARD SHALL BE RESIDENTS OF THE STATE. 44 (C) THE APPOINTED MEMBERS SHALL SERVE FOR TERMS OF THREE YEARS. 45 PROVIDED, HOWEVER, THE MEMBERS OF THE ADVISORY BOARD INITIALLY APPOINTED 46 SHALL BE APPOINTED FOR THE FOLLOWING TERMS: 47 (I) ONE MEMBER APPOINTED BY THE GOVERNOR, ONE MEMBER APPOINTED BY THE 48 TEMPORARY PRESIDENT OF THE SENATE AND THE MEMBER APPOINTED BY THE MINOR- 49 ITY LEADER OF THE ASSEMBLY SHALL BE APPOINTED FOR TERMS OF ONE YEAR; 50 (II) TWO MEMBERS APPOINTED BY THE GOVERNOR, ONE MEMBER APPOINTED BY 51 THE TEMPORARY PRESIDENT OF THE SENATE AND ONE MEMBER APPOINTED BY THE 52 SPEAKER OF THE ASSEMBLY SHALL BE APPOINTED FOR TERMS OF TWO YEARS; AND 53 (III) ONE MEMBER APPOINTED BY THE GOVERNOR, ONE MEMBER APPOINTED BY 54 THE SPEAKER OF THE ASSEMBLY AND THE MEMBER APPOINTED BY THE MINORITY 55 LEADER OF THE SENATE SHALL BE APPOINTED FOR TERMS OF THREE YEARS. S. 986 3 1 THE MEMBERS SHALL CONTINUE IN OFFICE UNTIL THE EXPIRATION OF THEIR 2 TERMS AND UNTIL THEIR SUCCESSORS ARE APPOINTED AND HAVE QUALIFIED. 3 VACANCIES SHALL BE FILLED BY THE APPOINTING OFFICIAL WHO ORIGINALLY 4 APPOINTED SUCH MEMBER WITHIN ONE YEAR OF THE DATE UPON WHICH SUCH VACAN- 5 CIES OCCUR. 6 (D) THE ADVISORY BOARD SHALL MEET AS FREQUENTLY AS ITS BUSINESS MAY 7 REQUIRE, AND AT LEAST ONCE IN EACH CALENDAR YEAR. 8 (E) ONE MEMBER SHALL BE APPOINTED BY THE CHAIR OF THE CORPORATION, OR 9 BY HIS OR HER DESIGNEE, AS CHAIRPERSON OF THE ADVISORY BOARD. 10 (F) THE MEMBERS OF THE ADVISORY BOARD SHALL SERVE WITHOUT COMPEN- 11 SATION, OTHER THAN REIMBURSEMENT OF ACTUAL AND NECESSARY EXPENSES. 12 7. REPORTS. THE CHAIRMAN OF THE CORPORATION SHALL SUBMIT TO THE DIREC- 13 TOR OF THE BUDGET, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF 14 THE ASSEMBLY, THE MINORITY LEADER OF THE SENATE AND THE MINORITY LEADER 15 OF THE ASSEMBLY EVALUATIONS OF THE EFFECTIVENESS OF THE PROGRAM. SUCH 16 EVALUATIONS SHALL DETERMINE WHETHER THE ASSISTANCE PROVIDED HAS ENHANCED 17 THE BIOMEDICAL RESEARCH INDUSTRY IN THE STATE AND SHALL MAKE RECOMMENDA- 18 TIONS FOR IMPROVEMENTS WHICH WOULD MAKE THE PROGRAM MORE EFFECTIVE. THE 19 EVALUATIONS SHALL BE SUBMITTED ON OR BEFORE THE FIRST OF JULY OF THE 20 SECOND CALENDAR YEAR NEXT SUCCEEDING THE EFFECTIVE DATE OF THIS SECTION 21 AND ON OR BEFORE THE FIRST OF JULY EVERY SECOND YEAR THEREAFTER. 22 S 2. This act shall take effect immediately.