Actions

Votes

Text

STATE OF NEW YORK
________________________________________________________________________

6320

2011-2012 Regular Sessions

IN ASSEMBLY

March 14, 2011
___________

Introduced  by  M. of A. LUPARDO, MAGNARELLI, GABRYSZAK -- read once and
  referred to the Committee on Economic Development

AN ACT to amend the public authorities 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 public authorities law  is  amended  by  adding  a  new
section 3153-a to read as follows:
  S  3153-A.    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 FOUNDATION 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 FOUNDATION 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.
  3. (A) FROM SUCH FUNDS AS MAY BE APPROPRIATED FOR THIS PURPOSE BY  THE
LEGISLATURE,  THE  FOUNDATION  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08914-01-1
A. 6320                             2

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
FOUNDATION BOARD.
  (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 EXECUTIVE DIRECTOR 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 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 EXECUTIVE DIRECTOR 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
STRATEGIC 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.
  (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 EXECUTIVE DIRECTOR FOR APPROVAL.
  S  2.  Subdivision 1 of section 3155 of the public authorities law, as
amended by section 9 of part CC of chapter 59 of the laws  of  2006,  is
amended to read as follows:
A. 6320                             3

  1.  The  foundation  shall  submit  an annual report, beginning on the
first of February, two thousand seven, to the governor, the  speaker  of
the  assembly,  and  the  temporary president of the senate on the oper-
ations and accomplishments of: (a) each program  it  administers[,]  AND
(b)  all  programs  authorized  by this article[, and (c) in cooperation
with the  urban  development  corporation,  the  centers  of  excellence
created by section three of part T of chapter eighty-four of the laws of
two thousand two].
  S 3. This act shall take effect immediately.