Assembly Bill A10009

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

                                  10009

                          I N  A S S E M B L Y

                            February 24, 2010
                               ___________

Introduced  by M. of A. LUPARDO, MAGNARELLI, DelMONTE, GABRYSZAK, ALESSI
  -- read once and referred to the Committee  on  Economic  Development,
  Job Creation, Commerce and Industry

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 THE
AREAS  OF  BIOINFORMATICS  AND  LIFE  SCIENCES, ENVIRONMENTAL AND ENERGY
SYSTEMS, NANOELECTRONICS, INFOTONICS  TECHNOLOGY,  SMALL  SCALE  SYSTEMS
INTEGRATION AND PACKAGING, WIRELESS AND INFORMATION TECHNOLOGY AND OTHER
AREAS  IDENTIFIED  BY THE FOUNDATION AS HAVING SIGNIFICANT POTENTIAL FOR
ECONOMIC GROWTH IN NEW YORK, OR IN WHICH THE APPLICATION OF NEW TECHNOL-
OGIES 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-

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

                                                           LBD15625-03-0

A. 10009                            2

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  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 OR MATERIAL DONATIONS.
  4.  (A) THE EXECUTIVE DIRECTOR SHALL, ON OR BEFORE FEBRUARY FIRST, TWO
THOUSAND ELEVEN 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, PERSONNEL AND
FEATURES  WERE  UTILIZED, INCLUDING A DESCRIPTION OF EACH PROJECT UNDER-
TAKEN AND  IDENTIFICATION  OF  ANY  COLLABORATING  PUBLIC,  PRIVATE,  OR
NOT-FOR-PROFIT ORGANIZATION OR CORPORATION PARTNERS;
  (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 AND LICENSING
REVENUE;
  (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 OF EQUIPMENT;
  (IV)  A  DETAILED DESCRIPTION OF CENTER STAFFING, INCLUDING THE NUMBER
OF PERMANENT, FULL-TIME PROFESSIONAL EMPLOYEES AND  SUPPORT  STAFF;  THE
NUMBER  OF  STATE  AND  PRIVATE UNIVERSITY PERSONNEL, INCLUDING GRADUATE
STUDENTS; AND THE NUMBER  OF  PROFESSIONAL  PERSONNEL  ASSIGNED  TO  THE
CENTER BY PRIVATE COMPANIES OR ORGANIZATIONS ON A NON-PERMANENT BASIS;
  (V)  A DESCRIPTION OF THE GOVERNANCE STRUCTURE OF THE CENTER INCLUDING
THE RESPECTIVE ROLES OF COLLABORATING  PARTNERS  AND  OF  ANY  CORPORATE
ENTITIES RESPONSIBLE FOR THE OPERATION OR FUNDING OF THE CENTER;
  (VI)  IDENTIFICATION  OF START-UP AND SMALL BUSINESSES ASSISTED BY THE
CENTER, AS WELL AS SPIN-OFFS RESULTING DIRECTLY FROM CENTER ACTIVITIES;
  (VII) IDENTIFICATION OF SUPPLIER AND CONTRACTOR FIRMS  WITH  WHOM  THE
CENTER HAS ENTERED INTO CONTRACTS FOR GOODS AND SERVICES;
  (VIII)  THE  CENTER'S  PLAN  FOR COMMERCIALIZING GENERALLY PRODUCTS OR
PROCESSES RESULTING FROM CENTER ACTIVITY, AND SPECIFICALLY SUCH CENTER'S
PLAN FOR COMMERCIALIZING SUCH PRODUCTS  OR  PROCESSES  WITHIN  NEW  YORK
STATE;
  (IX) THE EXTENT TO WHICH THE CENTER HAS ESTABLISHED RELATIONSHIPS WITH
EXISTING  ANGEL,  SEED  AND EARLY-STAGE FINANCING SOURCES AND HAS ESTAB-
LISHED ITS OWN POOL OF SUCH FUNDS;
  (X) THE NUMBER OF FULL-TIME PUBLIC, PRIVATE, AND NONPROFIT SECTOR JOBS
CREATED AND/OR RETAINED IN THE STATE AS A DIRECT  RESULT  OF  ACTIVITIES
UNDERTAKEN  WITH STATE FUNDS, INCLUDING CAPITAL FUNDS, AND THE METHODOL-
OGY UTILIZED TO DETERMINE SUCH NUMBER;
  (XI) THE EXTENT TO WHICH THE CENTER PROJECTS HAVE OR WILL LEAD  TO  AN
INCREASE IN THE POOL OF SEED AND VENTURE CAPITAL FOR A SPECIFIC TECHNOL-
OGY THAT IS OF IMPORTANCE TO INDUSTRY IN THIS STATE;
  (XII)  THE ACTUAL OR ANTICIPATED INVENTION, DEVELOPMENT, OR REFINEMENT
OF ANY NEW PRODUCTS AND PROCESSES WITH COMMERCIAL APPLICATION OF  IMPOR-
TANCE TO THE INDUSTRIES IN THE STATE;
  (XIII)  ANY OUTREACH TO SURROUNDING COMMUNITIES TO ENCOURAGE OR ACCOM-
MODATE ECONOMIC GROWTH;

A. 10009                            3

  (XIV) A DESCRIPTION OF ANY RELATIONSHIPS WITH  SECONDARY  SCHOOLS  AND
COMMUNITY COLLEGES DESIGNED TO FOSTER STUDENT INTEREST IN SCIENTIFIC AND
TECHNICAL CAREERS OR PROVIDE WORKFORCE TRAINING;
  (XV)  THE  TERMS  OF EACH RESEARCH SPONSORSHIP AGREEMENT, INTELLECTUAL
PROPERTY OWNERSHIP AGREEMENT, INTELLECTUAL PROPERTY  LICENSE  AGREEMENT,
OR  ANY  OTHER AGREEMENTS ENTERED INTO BETWEEN THE STATE FUNDED RESEARCH
INSTITUTIONS AND EACH RESEARCH PARTNER IN THE  PRECEDING  CALENDAR  YEAR
REGARDING  ANY  PROVISIONS  FOR  FINANCIAL RETURN TO THE UNIVERSITY, THE
STATE AND TO RESEARCH PARTNERS,  INCLUDING,  BUT  NOT  LIMITED  TO,  THE
AMOUNT  OF  UP-FRONT ROYALTY INCOME TO THE STATE-FUNDED INSTITUTION, ANY
MILESTONE PAYMENTS DUE TO THE STATE-FUNDED INSTITUTION, AND THE PERCENT-
AGE OF ROYALTIES DUE TO THE STATE-FUNDED INSTITUTION;
  (XVI) THE NUMBER OF PATENTS AWARDED TO THE COLLEGE, UNIVERSITY OR  ANY
PRIVATE CORPORATION AS A DIRECT RESULT OF STATE-FUNDED ACTIVITIES; AND
  (XVII) AWARDS, DESIGNATIONS AND OTHER TANGIBLE EVIDENCE OF RECOGNITION
FOR CENTER ACHIEVEMENTS.
  5.  THE  EXECUTIVE  DIRECTOR  SHALL,  ON OR BEFORE FEBRUARY FIRST, TWO
THOUSAND ELEVEN 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:
  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.