Enacts the academic research information access act under the department of economic development.
BILL NUMBER:S3736 REVISED 04/19/11
TITLE OF BILL: An act to amend the economic development law, in relation to establishing the academic research information access act
PURPOSE OF THE BILL: ARIA leverages New York State's public and private higher education sector - the largest and most diverse in the nation - to implement an information infrastructure for research, scholarship, and innovation in the STEM (science, technology, engineering, and mathematics) fields. When implemented, ARIA will lower costs for higher education and small business, expand access to cutting-edge research, and support economically beneficial innovation and entrepreneurialism.
SUMMARY OF SPECIFIC PROVISIONS:
§ 1- Legislative findings. The New York State Commission on Higher Education concluded in their June 2008 Final Report of Findings and Recommendations that New York State is rapidly losing ground in the global competition for preeminence in the knowledge-based economy of the twenty-first century. Among its recommendations, the Commission argued that two "infrastructure investments are particularly critical to participation in the knowledge economy: technology and academic libraries."
To create the needed infrastructure the Commission sought the "academic library pooling of electronic information." The report said, "not only are scientific discoveries shared through electronic journals, but faculty and students in both the sciences and humanities increasingly rely on electronic resources such as collections of primary literary texts and historical archives. Academic libraries are now contending with rapidly expanding information sources, and facing increasing costs for
§ 2- Sets out the short title.
§ 3- Amends section 100 of the Economic Development Law which sets out the general powers of the Department to include promoting the broad availability of information resources.
§ 4- Adds a new Article 18 to the Economic Development Law entitled Academic Research Information Access. Specifically, this section establishes in statute the framework for the Academic Research Information Access (ARIA) act. Doing so, this section defines the participating entities and beneficiaries, provides for a representative advisory board to oversee procurement of information resources, and establishes guidelines for the procedures of ARIA.
§5. Effective date.
JUSTIFICATION: New York State labors under a state and national economic recession, widespread budgetary cuts, and in many regions an outdated economic
model. At the same time New York has the largest and best network of public and private institutions of higher education and research, from two-year colleges to elite universities. In order to experience economic revitalization the state must harness the power and resources of higher education. ARIA offers a way to promote both campus-based research and off-campus job creation without adding new costs.
ARIA facilitates collaboration and efficiencies by providing for the voluntary pooling of assets in order to obtain access to high-end electronic, peer-reviewed information resources such as journals, serials, and databases. This allows for greater acquisition of and access to the vital resources that support research in science, technology, engineering, and mathematics (STEM).
Access to STEM materials is increasing in demand, and increasingly expensive. Prices of some journals have risen as much as 50 percent over the past five years - a time during which most campuses are experiencing budget cuts. As budgets decline and costs rise, the pricing of STEM research creates a growing digital divide between elite universities and other public and private institutions.
Experience demonstrates that publishers and vendors concede the greatest cost savings when collective buying power is applied, when there is a single-point contract holder, and when the state is involved. ARIA seizes on all three opportunities.
ARIA provides that the state pursue electronic research collections under the guidance of a volunteer advisory board representative of the academic and research library community. This board will manage dealings with the publishers. Upon agreement, the state will act as an aggregator of library funds - voluntarily offered - and serve as the single contract holder. The participating institutions will gain needed budget relief through the collective buying power of all participating partners. In turn, the state will stipulate that contracts for the information resources provide access to qualified emerging technology companies - thus lowering their cost of doing business.
A preliminary survey of academic and research libraries demonstrates that through ARIA the average participant will enjoy a 7 percent reduction in cost and a 10 percent increase in collection size.
The beneficiaries of these information resources will operate primarily in the fields of science, technology, engineering, and medicine. Access to ARIA resources will be available to all participating researchers, scholars, faculty and students at member and associated institutions of the New York state higher education initiative, as well as other participating institutions registered by the state education department office of college and university evaluation (OCUE). Access to ARIA resources will also be available to researchers, entrepreneurs, other innovators existing in business incubators aligned with the New York state higher education initiative member and associated institutions, as well as, recipients of grants from the New York state foundation for science, technology and innovations which is- merged into Department of Economic Development, the empire
state development corporation. Other beneficiaries include businesses with fifty or fewer employees which otherwise meet the definition of a qualified emerging technology company as defined by paragraph (c) of subdivision one of section thirty-one hundred two-e of the public authorities law.
ARIA was among the recommendations of the Governor's Commission on Higher Education in its 2008 Final Report. The direction and focus of ARIA is reflected in the final reports of the Governor's 2009 Task Force on Diversifying the New York State Economy, the 2009 report "Building New York City's Innovation Economy" of the Center for an Urban Future, the 2007 A.T. Kearney report commissioned by Empire State Development, and the 2007 "Investing in Innovation" report by the National Governor's Association and the Pew Foundation Center on the States, among others.
PRIOR LEGISLATIVE HISTORY: 2010: Similar to A.9824/S.6855; 2009: A.7229/S.5419 Veto Message 80 of 2009; 2008: A.9672/S.6741.
FISCAL IMPLICATIONS: None to the state.
EFFECTIVE DATE: This act shall take effect on the 180th day after it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 3736 2011-2012 Regular Sessions IN SENATE March 2, 2011 ___________Introduced by Sen. ALESI -- read twice and ordered printed, and when printed to be committed to the Committee on Commerce, Economic Devel- opment and Small Business AN ACT to amend the economic development law, in relation to establish- ing the academic research information access act THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative findings. The public and private academic and research libraries of New York individually license research and devel- opment information resources, access to which is vitally important to the furtherance of an innovation-based economy. The primary obstacles limiting access to these information resources both at institutions of higher education, and within the entrepreneurial community, are the high cost of licensing agreements and restrictive contracts that inhibit collaboration. New companies and emerging industries will be encouraged to locate their business in New York state adding to state revenues that are derived by the existence of such private and public sector commerce. Therefore, it is in the best interests of the economic development and higher education interests of this state to enact the academic research information access act. S 2. Short title. This act shall be known and may be cited as the "academic research information access act". S 3. Section 100 of the economic development law is amended by adding two new subdivisions 32-a and 32-b to read as follows: 32-A. TO PROMOTE EFFICIENT UTILIZATION OF STATE RESOURCES FOR THE PROCUREMENT OF INFORMATION, DATA AND CONTENT RESOURCES, FOR ACADEMIC, RESEARCH AND COMMERCIAL INSTITUTIONS. 32-B. TO SECURE AGREEMENTS WITH PUBLIC, NOT-FOR-PROFIT AND FOR-PROFIT CORPORATIONS TO PROVIDE FOR THE PRODUCTIVE USE OF THE STATE RESOURCES NEEDED TO ENHANCE TEACHING, LEARNING AND RESEARCH.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08686-02-1 S. 3736 2
S 4. The economic development law is amended by adding a new article 18 to read as follows: ARTICLE 18 ACADEMIC RESEARCH INFORMATION ACCESS SECTION 360. ACADEMIC RESEARCH INFORMATION ACCESS. S 360. ACADEMIC RESEARCH INFORMATION ACCESS. 1. THE DEPARTMENT, IN COOPERATION WITH THE STATE UNIVERSITY OF NEW YORK AND THE NEW YORK STATE BOARD OF REGENTS, SHALL ESTABLISH CONTRACTS AND LICENSES FOR THE PROVISION OF PROPRIETARY ELECTRONIC RESOURCES, INCLUDING, BUT NOT LIMIT- ED TO ACADEMIC, PROFESSIONAL AND INDUSTRY JOURNALS, REFERENCE HANDBOOKS AND MANUALS, RESEARCH TRACKING TOOLS, INDEXES AND ABSTRACTS. THE BENE- FICIARIES OF THESE INFORMATION RESOURCES WILL OPERATE PRIMARILY IN THE FIELDS OF SCIENCE, TECHNOLOGY, ENGINEERING, AND MEDICAL RESEARCH AND DEVELOPMENT, AND INCLUDE RESEARCHERS, SCHOLARS, FACULTY AND STUDENTS AT MEMBER AND ASSOCIATED INSTITUTIONS OF THE NEW YORK STATE HIGHER EDUCA- TION INITIATIVE, AND OTHER INSTITUTIONS REGISTERED BY THE STATE EDUCA- TION DEPARTMENT OFFICE OF COLLEGE AND UNIVERSITY EVALUATION (OCUE) AND RESEARCHERS, ENTREPRENEURS, OTHER INNOVATORS EXISTING IN BUSINESS INCU- BATORS ALIGNED WITH THE NEW YORK STATE HIGHER EDUCATION INITIATIVE MEMBER AND ASSOCIATED INSTITUTIONS, RECIPIENTS OF GRANTS FROM THE NEW YORK STATE FOUNDATION FOR SCIENCE, TECHNOLOGY AND INNOVATIONS, THE EMPIRE STATE DEVELOPMENT CORPORATION, AND OTHER BUSINESSES WITH FIFTY OR FEWER EMPLOYEES WHO OTHERWISE MEET THE DEFINITION OF A QUALIFIED EMERG- ING TECHNOLOGY COMPANY AS DEFINED BY PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION THIRTY-ONE HUNDRED TWO-E OF THE PUBLIC AUTHORITIES LAW. 2. THE DEPARTMENT SHALL CREATE OR UTILIZE AN ADVISORY BOARD REPRESEN- TATIVE OF THE ACADEMIC AND RESEARCH LIBRARIES FROM THE SMALL, MEDIUM AND LARGE PUBLIC AND PRIVATE INSTITUTIONS OF HIGHER EDUCATION IN THE STATE AND THE SMALL BUSINESS COMMUNITIES FOR THE EXPRESS PURPOSE OF MAKING REGULAR RECOMMENDATIONS TO THE DEPARTMENT REGARDING THE SELECTION AND MAINTENANCE OF INFORMATION RESOURCES. 3. AGREEMENTS REACHED UNDER THE ACADEMIC RESEARCH INFORMATION ACCESS PROGRAM SHALL BE NEGOTIATED BY A STANDING PUBLIC ENTITY THAT COMPLIES WITH STATE PROCUREMENT CONTRACTING PROCEDURES AND IS SELECTED BY THE ADVISORY BOARD PURSUANT TO A MEMORANDUM OF UNDERSTANDING AMONG THE NEW YORK STATE HIGHER EDUCATION INITIATIVE, AND THE NEW YORK STATE LIBRARY AND OTHER SUCH STANDING PUBLIC ENTITY AS NECESSARY. SUCH NEGOTIATING ENTITY MAY, AS PART OF THE TERMS OF AN ADOPTED CONTRACT, BE COMPENSATED FROM FUNDS APPROPRIATED FOR PURPOSES OF THIS SECTION. 4. THE COMMISSIONER SHALL PROMULGATE SUCH RULES AND REGULATIONS AS ARE NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS ARTICLE. S 5. This act shall take effect on the one hundred eightieth day after it shall have become a law; provided that, effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.