Relates to the establishment of centers of excellence program.
Ayes (30): DeFrancisco, Johnson, Alesi, Bonacic, Farley, Flanagan, Fuschillo, Golden, Griffo, Hannon, Lanza, Larkin, LaValle, Little, Marcellino, Nozzolio, Robach, Saland, Seward, Young, Krueger, Breslin, Diaz, Dilan, Duane, Gianaris, Montgomery, Oppenheimer, Perkins, Stewart-Cousins
Ayes W/R (4): Kruger, Peralta, Rivera, Stavisky
Absent (1): Parker
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.
STATE OF NEW YORK ________________________________________________________________________ 5223--A 2011-2012 Regular Sessions IN 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.