A6320A-2011 Actions

• Jul 20, 2011: signed chap.162
• Jul 8, 2011: delivered to governor
• Jun 20, 2011: RETURNED TO ASSEMBLY
• Jun 20, 2011: PASSED SENATE
• Jun 20, 2011: 3RD READING CAL.1196
• Jun 20, 2011: SUBSTITUTED FOR S5223B
• Jun 16, 2011: REFERRED TO RULES
• Jun 16, 2011: delivered to senate
• Jun 16, 2011: passed assembly
• Jun 13, 2011: ordered to third reading rules cal.120
• Jun 13, 2011: rules report cal.120
• Jun 13, 2011: reported
• Jun 13, 2011: amend and recommit to rules 6320c
• Jun 7, 2011: reported referred to rules
• May 24, 2011: reported referred to ways and means
• May 3, 2011: print number 6320b
• May 3, 2011: amend and recommit to economic development
• Apr 6, 2011: amend (t) and recommit to real property taxation
• Apr 6, 2011: print number 6320a
• Apr 6, 2011: amend (t) and recommit to economic development
• Mar 14, 2011: referred to economic development

A6320A-2011 Votes

A6320A-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   6320--A

                         2011-2012 Regular Sessions

                            I N  ASSEMBLY

                               March 14, 2011
                                 ___________

  Introduced  by  M. of A. LUPARDO, MAGNARELLI, GABRYSZAK -- read once and
    referred  to  the  Committee  on  Economic  Development  --  committee
    discharged, bill amended, ordered reprinted as amended and recommitted
    to said committee

  AN  ACT to amend the economic development law, in relation to the estab-
    lishment of the centers of excellence program

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section  1.  The  economic  development law is amended by adding a new
  article 18 to read as follows:

                                  ARTICLE 18
                        CENTERS OF EXCELLENCE PROGRAM
  SECTION 360. CENTERS OF EXCELLENCE PROGRAM.
    S 360.   CENTERS OF EXCELLENCE  PROGRAM.  THE  CENTERS  OF  EXCELLENCE
  PROGRAM IS HEREBY ESTABLISHED FOR THE PURPOSE OF FOSTERING COLLABORATION
  BETWEEN  THE  ACADEMIC  RESEARCH  COMMUNITY  AND  THE BUSINESS SECTOR TO
  DEVELOP AND COMMERCIALIZE NEW  PRODUCTS  AND  TECHNOLOGIES,  TO  PROMOTE
  CRITICAL PRIVATE SECTOR INVESTMENT IN EMERGING HIGH TECHNOLOGY FIELDS IN
  NEW  YORK  STATE, AND TO CREATE AND EXPAND TECHNOLOGY-RELATED BUSINESSES
  AND EMPLOYMENT.
    1. SUCH CENTERS ARE DESIGNATED TO OPERATE PURSUANT TO SECTION THREE OF
  PART T OF CHAPTER EIGHTY-FOUR OF THE LAWS OF TWO THOUSAND TWO  IN  AREAS
  IDENTIFIED BY THE DEPARTMENT AS HAVING SIGNIFICANT POTENTIAL FOR ECONOM-
  IC  GROWTH  IN NEW YORK, OR IN WHICH THE APPLICATION OF NEW TECHNOLOGIES
  COULD SIGNIFICANTLY ENHANCE THE PRODUCTIVITY AND STABILITY OF  NEW  YORK
  BUSINESSES.
    2.  AS  A  CONDITION OF RECEIPT OF SUPPORT AUTHORIZED PURSUANT TO THIS
  SECTION, EACH CENTER SHALL ANNUALLY SUBMIT TO THE DEPARTMENT A PLAN  FOR
  COMMERCIALIZING  PRODUCTS OR PROCESSES BASED ON INNOVATIONS DEVELOPED AT
  CENTER FACILITIES, AND SPECIFICALLY SUCH CENTER'S STRATEGY  FOR  COMMER-
  CIALIZING SUCH PRODUCTS OR PROCESSES WITHIN NEW YORK STATE.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD08914-03-1

 A. 6320--A                          2

    3.  (A) FROM SUCH FUNDS AS MAY BE APPROPRIATED FOR THIS PURPOSE BY THE
  LEGISLATURE, THE  DEPARTMENT  MAY  PROVIDE  FINANCIAL  SUPPORT,  THROUGH
  CONTRACTS  OR  OTHER  MEANS,  IN  ORDER TO ENHANCE AND ACCELERATE CENTER
  OPERATIONS IN JOINT UNIVERSITY/INDUSTRY RESEARCH AND DEVELOPMENT,  PROD-
  UCT  COMMERCIALIZATION,  AND WORKFORCE TRAINING. FUNDS RECEIVED PURSUANT
  TO THIS SUBDIVISION MAY BE USED FOR THE EMPLOYMENT OF FACULTY AND STAFF,
  PROVISION OF GRADUATE FELLOWSHIPS, OR OTHER OPERATING EXPENSES THAT  ARE
  ALIGNED WITH THE CENTER'S COMMERCIALIZATION STRATEGY AND APPROVED BY THE
  DEPARTMENT.
    (B)  FUNDS  SHALL  BE MATCHED ON A ONE TO ONE BASIS BY THE INSTITUTION
  RECEIVING THE FUNDS AND COLLABORATIVE PARTNERS IN THE FORM  OF  CASH  OR
  IN-KIND PERSONNEL, EQUIPMENT, MATERIAL DONATIONS, AND OTHER FACILITY AND
  OPERATIONS EXPENDITURES.
    4.  (A) THE COMMISSIONER SHALL, ON OR BEFORE FEBRUARY FIRST, TWO THOU-
  SAND TWELVE AND EVERY YEAR  THEREAFTER,  SUBMIT  TO  THE  GOVERNOR,  THE
  MAJORITY  LEADER  OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY A REPORT
  ON THE OPERATIONS AND ACCOMPLISHMENTS OF THE CENTERS OF EXCELLENCE.
    (B) THE ANNUAL REPORT SHALL  PROVIDE,  BUT  NOT  BE  LIMITED  TO,  THE
  FOLLOWING INFORMATION FOR EACH CALENDAR YEAR:

    (I) THE PURPOSES FOR WHICH CENTER FACILITIES, EQUIPMENT, AND PERSONNEL
  WERE UTILIZED;
    (II)  A DETAILED OPERATING BUDGET, INCLUDING THE AMOUNT OF STATE FUNDS
  RECEIVED, AS WELL AS IDENTIFICATION OF EACH SOURCE  OF  FEDERAL,  STATE,
  LOCAL OR PRIVATE FUNDS, INCLUDING IN-KIND CONTRIBUTIONS;
    (III) AN ACCOUNTING OF CAPITAL EXPENDITURES, IDENTIFYING THE AMOUNT OF
  STATE  FUNDS  UTILIZED, AS WELL AS EACH SOURCE OF FEDERAL, STATE, LOCAL,
  OR PRIVATE FUNDS, INCLUDING IN-KIND CONTRIBUTIONS;
    (IV) A DESCRIPTION OF THE GOVERNANCE STRUCTURE OF THE CENTER INCLUDING
  THE RESPECTIVE ROLES OF COLLABORATING PARTNERS;
    (V) THE ECONOMIC IMPACT OF THE ACTIVITIES UNDERTAKEN WITH STATE FUNDS,
  INCLUDING SUCH FACTORS AS JOBS CREATED AND  MAINTAINED;  THE  NUMBER  OF
  PATENTS  AWARDED  TO THE COLLEGE OR UNIVERSITY OR ANY PRIVATE ENTITY AND
  ASSOCIATED LICENSING REVENUES; AND AWARDS, DESIGNATIONS AND OTHER TANGI-
  BLE EVIDENCE OF RECOGNITION; AND THE METHODOLOGY UTILIZED  TO  DETERMINE
  SUCH IMPACT;
    (VI) THE ACTUAL OR ANTICIPATED NEW PRODUCTS AND PROCESSES WITH COMMER-
  CIAL APPLICATION OF IMPORTANCE TO THE INDUSTRIES IN THE STATE;
    (VII)  A  DESCRIPTION  OF ANY RELATIONSHIPS WITH SECONDARY SCHOOLS AND
  COMMUNITY COLLEGES DESIGNED TO FOSTER STUDENT INTEREST IN SCIENTIFIC AND
  TECHNICAL CAREERS; AND
    (VIII) A DESCRIPTION OF EACH RESEARCH SPONSORSHIP AGREEMENT, INTELLEC-
  TUAL PROPERTY OWNERSHIP AGREEMENT, INTELLECTUAL PROPERTY LICENSE  AGREE-
  MENT,  OR  ANY  OTHER  AGREEMENTS  ENTERED INTO BETWEEN THE STATE FUNDED
  RESEARCH INSTITUTIONS AND EACH RESEARCH PARTNER.
    5. THE COMMISSIONER SHALL, ON OR BEFORE FEBRUARY FIRST,  TWO  THOUSAND
  TWELVE  AND  EVERY YEAR THEREAFTER, SUBMIT TO THE GOVERNOR, THE MAJORITY
  LEADER OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY AN OVERALL  STRATE-
  GIC PLAN FOR THE CENTERS OF EXCELLENCE PROGRAM.
    (A)  THE  PLAN SHALL INCLUDE THE BROAD FOCUS AND MISSION OF THE CENTER
  AND THE STRATEGIES USED TO DETERMINE THAT FOCUS INCLUDING BUT NOT LIMIT-
  ED TO COLLABORATION WITH LOCAL AND REGIONAL ECONOMIC  DEVELOPMENT  ENTI-
  TIES TO DETERMINE CURRENT AND EMERGING HIGH-TECH INDUSTRY CLUSTERS.
    (B)  SUCH  PLAN  SHALL  ALSO  INCLUDE THE METRICS THAT WILL BE USED TO
  DETERMINE WHETHER AND TO WHAT DEGREE  EACH  CENTER  IS  MAINTAINING  ITS
  FOCUS AND FULFILLING ITS MISSION.

 A. 6320--A                          3

    (C)  THE  PLAN  SHALL BE ASSESSED BY THE GOVERNING BOARD OF THE CENTER
  AND REVISED ANNUALLY AS APPROPRIATE. ANY REVISIONS SHALL BE SUBMITTED TO
  THE DEPARTMENT FOR APPROVAL.
    S 2. This act shall take effect immediately.