Relates to the establishment of centers of excellence program.

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S5223A-2011 Actions

• Jun 20, 2011: SUBSTITUTED BY A6320C
• Jun 13, 2011: ORDERED TO THIRD READING CAL.1196
• Jun 13, 2011: REPORTED AND COMMITTED TO RULES
• Jun 10, 2011: PRINT NUMBER 5223B
• Jun 10, 2011: AMEND AND RECOMMIT TO FINANCE
• May 25, 2011: REPORTED AND COMMITTED TO FINANCE
• May 13, 2011: PRINT NUMBER 5223A
• May 13, 2011: AMEND (T) AND RECOMMIT TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
• May 3, 2011: REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS

S5223A-2011 Meetings

Corporations, Authorities and Commissions: May 25, 2011, Finance: Jun 15, 2011

S5223A-2011 Votes

S5223A-2011 Memo

BILL NUMBER:S5223A

TITLE OF BILL:
An act
to amend
the economic development law,
in relation to the establishment of
the centers of excellence program

PURPOSE OR GENERAL IDEA OF BILL:
To codify the centers of excellence
program and its reporting requirements.

SUMMARY OF SPECIFIC PROVISIONS:
The legislation codifies the Centers
of Excellence program that has been operating since 2002 and requires
centers to annually submit a plan for commercializing products or
processes based on innovations developed at center facilities and
their strategies for commercializing such products or processes
within New York state. The legislation also requires the executive
director of the Foundation for Science, Technology and Innovation to
submit annual reports on each Center on such items as funds received
from all sources;
operating budgets; staffing; partnerships; governance;
commercialization; jobs created; relationships established with
venture groups;
collaborations with secondary, postsecondary institutions and
companies; intellectual property agreements; patents; anti awards.
The legislation also requires the executive director to submit annual
strategic plans that Include the broad mission and focus of each
center as well as the metrics that will be used to measure
achievement of the centers goals.

JUSTIFICATION:
The Center of Excellence program was authorized In the
State budget for FY 2002-03. This bill would codify the program to
maintain its purposes, goals and enhance accountability.

FISCAL IMPLICATIONS:
None

EFFECTIVE DATE:
Immediately.

S5223A-2011 Text

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

                                   5223--A

                         2011-2012 Regular Sessions

                              I N  SENATE

                                 May 3, 2011
                                 ___________

  Introduced  by  Sen.  LIBOUS -- read twice and ordered printed, and when
    printed to be committed to the Committee on Corporations,  Authorities
    and   Commissions  --  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 19 to read as follows:

                                  ARTICLE 19
                        CENTERS OF EXCELLENCE PROGRAM
  SECTION 410. CENTERS OF EXCELLENCE PROGRAM.
    S  410.  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.
                                                             LBD11198-02-1

 S. 5223--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.

 S. 5223--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.