S T A T E O F N E W Y O R K
________________________________________________________________________
4354
2009-2010 Regular Sessions
I N A S S E M B L Y
February 3, 2009
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Introduced by M. of A. KOON, JOHN, McENENY, MORELLE -- Multi-Sponsored
by -- M. of A. COLTON, COOK -- read once and referred to the Committee
on Economic Development, Job Creation, Commerce and Industry
AN ACT to amend the New York state urban development corporation act, in
relation to establishing a biomedical research grants and working
capital loan program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings and intent. The legislature hereby
finds that New Yorkers derive significant economic and health benefits
from biomedical research. Biomedical research grants produce tens of
thousands of jobs and generate millions of dollars in state and local
income and sales tax revenue every year. Recent biomedical discoveries
in areas like cancer treatment, impotence remedies and AIDS therapies
have improved the quality of health care in the state, the nation and
the world. To facilitate the continued vitality of New York's biomedical
research institutions, it is the intent of the legislature to establish
a biomedical research grants and working capital loan program.
S 2. Section 1 of chapter 174 of the laws of 1968, constituting the
New York state urban development corporation act, is amended by adding a
new section 16-t to read as follows:
S 16-T. BIOMEDICAL RESEARCH GRANTS AND WORKING CAPITAL LOAN PROGRAM.
1. PROGRAM ESTABLISHED. THE CORPORATION SHALL ESTABLISH THE BIOMEDICAL
RESEARCH GRANTS AND WORKING CAPITAL LOAN PROGRAM FOR THE PURPOSE OF
ESTABLISHING AN ECONOMIC DEVELOPMENT GRANTS AND WORKING CAPITAL REVOLV-
ING LOAN FUND TO BE ADMINISTERED BY THE CORPORATION. SUCH FUND SHALL BE
USED TO PROVIDE FINANCIAL ASSISTANCE IN THE FORM OF GRANTS FOR SALARIES
OF BIOMEDICAL RESEARCHERS, STAFF SUPPORT AND NON-PERSONAL SERVICE AT
BIOMEDICAL RESEARCH INSTITUTIONS AND IN THE FORM OF WORKING CAPITAL
LOANS FOR PROJECTS AND NEW EQUIPMENT AT BIOMEDICAL RESEARCH INSTI-
TUTIONS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01626-01-9
A. 4354 2
2. APPLICATION CRITERIA. IN ADDITION TO SUCH OTHER CRITERIA AS THE
CORPORATION MAY ADOPT IN RULES AND REGULATIONS FOR THE CONSIDERATION OF
APPLICATIONS FOR GRANTS AND LOANS PURSUANT TO SUBDIVISION ONE OF THIS
SECTION, THE CORPORATION SHALL:
(A) DETERMINE THAT THE BIOMEDICAL RESEARCH INSTITUTION IS UNABLE TO
OBTAIN SUFFICIENT FUNDING ON REASONABLE TERMS FROM OTHER PUBLIC OR
PRIVATE SOURCES TO PERMIT THE INSTITUTION'S PLANNED INVESTMENT TO
PROCEED WITHOUT THE REQUIRED ASSISTANCE;
(B) GIVE PRIORITY TO THOSE APPLICATIONS FOR ASSISTANCE FROM BIOMEDICAL
RESEARCH INSTITUTIONS THAT SECURE PRIVATE SUPPORT FOR BIOMEDICAL
RESEARCH OR COMMIT NEW RESOURCES TO THE EXPANSION OF BIOMEDICAL RESEARCH
AT THE INSTITUTION; AND
(C) CONSIDER THE POTENTIAL LONG TERM ECONOMIC BENEFITS TO THE STATE OF
AWARDING THE SPECIFIC GRANT OR LOAN AND WHETHER THE GRANT OR LOAN WILL
RESULT IN A REASONABLE LIKELIHOOD OF SUCCESS IN MEETING THE PURPOSES FOR
WHICH IT WAS SOUGHT BY THE APPLICANT INSTITUTION.
3. SCIENTIFIC PEER REVIEW. THE CORPORATION SHALL ENGAGE THE SERVICES
OF CONSULTANTS ON A CONTRACT BASIS FOR THE PURPOSE OF CONDUCTING A
SCIENTIFIC PEER REVIEW OF ALL APPLICATIONS FOR GRANTS AND LOANS PURSUANT
TO SUBDIVISION ONE OF THIS SECTION. SUCH CONSULTANTS SHALL HAVE
SUBSTANTIAL EXPERIENCE IN THE ESTABLISHMENT AND MANAGEMENT OF SUCH
REVIEW AND SHALL MAKE RECOMMENDATIONS TO THE BIOMEDICAL RESEARCH ADVI-
SORY BOARD ESTABLISHED PURSUANT TO SUBDIVISION FIVE OF THIS SECTION.
4. FUNDS. THE FUND SHALL CONSIST OF SUCH AMOUNTS AS MAY BE APPROPRI-
ATED, ANY REPAYMENT OF THE PRINCIPAL AMOUNT OF ANY LOAN MADE FROM THE
FUND, AND ANY INTEREST EARNED BY THE CORPORATION FROM THE INVESTMENT OF
MONEYS OF THE FUND.
5. ADVISORY BOARD. THERE SHALL BE ESTABLISHED IN THE CORPORATION A
BIOMEDICAL RESEARCH ADVISORY BOARD WHICH SHALL OVERSEE THE PROCESS OF
PROVIDING FINANCIAL ASSISTANCE IN THE FORM OF GRANTS FOR SALARIES OF
BIOMEDICAL RESEARCHERS, STAFF SUPPORT AND NON-PERSONAL SERVICE AT
BIOMEDICAL RESEARCH INSTITUTIONS AND IN THE FORM OF WORKING CAPITAL
LOANS FOR PROJECTS AND NEW EQUIPMENT AT BIOMEDICAL RESEARCH INSTI-
TUTIONS. SUCH BOARD SHALL CONSIST OF SEVENTEEN VOTING MEMBERS TO BE
APPOINTED BY JULY 1, 2010. NINE MEMBERS SHALL BE APPOINTED BY THE GOVER-
NOR, THREE BY THE TEMPORARY PRESIDENT OF THE SENATE, THREE BY THE SPEAK-
ER OF THE ASSEMBLY, ONE BY THE MINORITY LEADER OF THE SENATE AND ONE BY
THE MINORITY LEADER OF THE ASSEMBLY. THE MEMBERS OF THE ADVISORY BOARD
SHALL BE RESIDENTS OF THE STATE AND SHALL BE PERSONS WITH SUBSTANTIAL
EXPERIENCE IN THE FIELD OF BIOMEDICAL RESEARCH. THE MEMBERS SHALL SERVE
FOR A TERM OF FOUR YEARS. THE MEMBERS SHALL CONTINUE IN OFFICE UNTIL THE
EXPIRATION OF THEIR TERMS AND UNTIL THEIR SUCCESSORS ARE APPOINTED AND
HAVE QUALIFIED. SUCH APPOINTMENTS SHALL BE MADE WITHIN ONE YEAR FOLLOW-
ING THE EXPIRATION OF SUCH TERMS. VACANCIES SHALL BE FILLED BY THE
APPOINTING OFFICIAL WHO ORIGINALLY APPOINTED SUCH MEMBER WITHIN ONE YEAR
OF THE DATE UPON WHICH SUCH VACANCIES OCCUR. THE ADVISORY BOARD SHALL
MEET AS FREQUENTLY AS ITS BUSINESS MAY REQUIRE, AND AT LEAST TWICE IN
EACH YEAR. ONE MEMBER SHALL BE ELECTED CHAIRPERSON OF THE ADVISORY BOARD
BY A MAJORITY VOTE OF THE MEMBERS OF SUCH BOARD. THE MEMBERS OF THE
ADVISORY BOARD SHALL SERVE WITHOUT COMPENSATION OTHER THAN REIMBURSEMENT
OF ACTUAL AND NECESSARY EXPENSES. IN ADDITION TO THESE VOTING MEMBERS,
THE CHAIRMAN OF THE CORPORATION, THE COMMISSIONER OF HEALTH, THE COMMIS-
SIONER OF MENTAL HEALTH AND THE COMMISSIONER OF MENTAL RETARDATION AND
DEVELOPMENTAL DISABILITIES OR THEIR DESIGNEES SHALL SERVE AS EX OFFICIO,
NON-VOTING MEMBERS OF THE ADVISORY BOARD.
A. 4354 3
6. REPORTS. THE CHAIRMAN OF THE CORPORATION SHALL SUBMIT TO THE DIREC-
TOR OF THE DIVISION OF THE BUDGET, THE SPEAKER OF THE ASSEMBLY AND THE
TEMPORARY PRESIDENT OF THE SENATE AN EVALUATION OF THE EFFECTIVENESS OF
THE PROGRAM PREPARED BY AN ENTITY INDEPENDENT OF THE CORPORATION. THE
CORPORATION SHALL SELECT THE PROGRAM EVALUATOR THROUGH A REQUEST FOR
PROPOSAL PROCESS. SUCH EVALUATION SHALL DETERMINE WHETHER THE ASSISTANCE
PROVIDED HAS ENHANCED BIOMEDICAL RESEARCH IN THE STATE AND SHALL MAKE
RECOMMENDATIONS FOR IMPROVEMENTS WHICH WOULD MAKE THE PROGRAM MORE
EFFECTIVE. SUCH EVALUATION SHALL BE SUBMITTED BY JULY 1, 2011 AND JULY
FIRST EVERY TWO YEARS THEREAFTER.
S 3. This act shall take effect immediately.