NY State Senate Bill 2009-S6436

Senate Bill S6436

2009-2010 Legislative Session

Establishes a biomedical research grants and working capital loan program within the urban development corporation

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 12, 2010	reported and committed to finance
Jan 11, 2010	referred to corporations, authorities and commissions

Votes

- May 12, 2010 - Corporations, Authorities And Commissions Committee Vote
  S6436
  
  4
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Corporations, Authorities And Commissions Committee Vote: May 12, 2010
      
      aye (4)
      
      Dilan
      
      Perkins
      
      Ranzenhofer
      
      Squadron
      
      aye wr (1)
      
      Larkin

2009-S6436 (ACTIVE) - Details

See Assembly Version of this Bill:: A11176
Current Committee:: Senate Finance
Law Section:: New York State Urban Development Corporation Act
Laws Affected:: Add §16-t, UDCA
Versions Introduced in Other Legislative Sessions:: 2011-2012: S986, A2308
2013-2014: A6282

2009-S6436 (ACTIVE) - Summary

Establishes a biomedical research grants and working capital loan program within the urban development corporation; sets application criteria for loans and grants; requires scientific peer review and a biomedical research advisory board.

2009-S6436 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6436

 TITLE OF BILL :
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 to promote the state's biomedical research
industry and ancillary businesses


 PURPOSE OR GENERAL IDEA OF BILL :
The purpose of the bill is to encourage expansion of the State's
already significant biomedical research industry by offering, where
prudent, low interest loans and grants to emerging or established
biomedical research facilities, be they public or private. Such loans
from the Urban Development Corporation, and other sources, can be used
to purchase new research equipment, to expand facilities, or to
provide working capital loans for the salaries of research facility
employees. In addition, grants may be awarded to qualified research
institutions.

All monies dispersed shall be awarded only after such applications
have been scientifically peer reviewed to ensure that the money is
being spent prudently. It is hoped that by promoting new biomedical
research in New York that there will be additional spin-off benefits
such as the expansion of manufacturing operations of products
developed by such new technological advances.

New York is one of the nation's leaders in the manufacture of
precision instruments, so encouraging the location of expanded
research facilities in this State, may give our State's manufacturers
an added "up" in securing contracts to manufacture new biomedical
products. Further, the conduct of bio-medical research tends to occur
in concentrated geographical locations.  Encouraging the expansion of
already existing research facilities may lead to the attraction of new
research facilities and ancillary businesses associated such research.

 SUMMARY OF SPECIFIC PROVISIONS :
Section 2: Adds new section 16-t to the New York State Urban
Development Corporation Act to establish the Biomedical Research
Grants and Working Capital Loan Program. This section provides
definitions for the terms "Research Institution" and "Biomedical
Research".

The new section 16-t establishes revolving loan and grant application
criteria, a scientific peer review system, a funding stream that may
be utilized to finance the program, and an advisory board to assist
the Corporation in its success.

Funding for the biomedical research grants and working capital loan
program can be funded by the Urban Development Corporation (UDC) and
other sources of revenue. The Program could provide grants for
salaries of biomedical researchers, staff support and non-personal
service at biomedical research institutions.

The program could also provide working capital loans for projects and
new equipment at such institutions. The bill would establish criteria
for applying for program grants and loans, scientific peer review of
all grant and loan applications, and require the fund to consist of
appropriated amounts, repayments of loan amounts and interest
earnings. The bill would establish an advisory board to oversee the
process of providing grants and loans and require UDC to submit a
biennial program evaluation to the Director of the Division of the
Budget and to the State Legislature.

 JUSTIFICATION :

New York State's medical schools and research institutions are
struggling to take advantage of a national boom in biomedical
discovery and Federal grant-giving generosity. At the end of the
1990s, New York institutions received $970 million, or about 10% of
the $9 billion available, from the National Institutes of Health
(NIH), the country's largest and most prestigious source of biomedical
research money. While the actual dollar amount of New York's grants
has grown, the state's share is far less than the 15.2% New York was
awarded in 1983.

As a result of rising competition from other states, New York has
fallen from being the No. 1 recipient of grants from NIH and now ranks
third behind California and Massachusetts. As New York's share of such
grants has declined, the state has lost out on $2.4 billion in
research grants as well as other income and jobs that money would have
generated.

In 1998, the Federal government announced that it will double the NIH
research budget during the next five years. The infusion of Federal
money comes at a time of surging biomedical discoveries in areas like
cancer treatment, new pharmaceutical treatment regimens, AIDS
therapies and the identification of genes associated with particular
diseases. In addition, the recent Federal Stimulus Law to help this
nation out of the "Great Recession" has earmarked money for scientific
research.

New York should take advantage of this increase in Federal funding to
expand its medical and biological research industry, and hopefully its
ancillary manufacturing processes of products related to such
research. The state must do a better job of financing the recruitment
and support of young research scientists who can attract these grants.
Establishing a biomedical research grants and loan program would
facilitate the continued vitality of New York's biomedical research
institutions, and the growth of biotechnology-based businesses and New
York's economy.

 PRIOR LEGISLATIVE HISTORY :
New Bill.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
Immediately.

2009-S6436 (ACTIVE) - Bill Text download pdf

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

                                  6436

                            I N  S E N A T E

                            January 11, 2010
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Corporations,  Authorities
  and Commissions

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 to promote the state's biomedical research indus-
  try and ancillary businesses

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  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. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION:
  (A)  "RESEARCH  INSTITUTION"  OR  "INSTITUTION"  SHALL  MEAN A PUBLIC,
QUASI-PUBLIC OR PRIVATE BIOMEDICAL RESEARCH FACILITY OR  INSTITUTION  OF
HIGHER EDUCATION LOCATED WITHIN THE STATE.
  (B)  "BIOMEDICAL  RESEARCH"  SHALL MEAN AND INCLUDE APPLIED SCIENTIFIC
RESEARCH IN THE AREA OF BIOMEDICINE INCLUDING, BUT NOT LIMITED TO, PHAR-
MACEUTICAL RESEARCH APPLICATIONS, SURGICAL INSTRUMENTS, FIXED DIAGNOSTIC
EQUIPMENT USED TO IDENTIFY, ISOLATE OR TREAT PHYSICAL OR MENTAL ILLNESS,
AND BIOCHEMISTRY; OR OTHER RELEVANT BIOMEDICAL RESEARCH.
  2.  PROGRAM ESTABLISHED. THE CORPORATION SHALL ESTABLISH THE  BIOMEDI-
CAL  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  WORKING  CAPITAL
LOANS  FOR  BIOMEDICAL  RESEARCH  PROJECTS,  NEW EQUIPMENT AT BIOMEDICAL
RESEARCH INSTITUTIONS, AND FOR, UNDER LIMITED CIRCUMSTANCES, GRANTS  FOR
SALARIES  OF  BIOMEDICAL  RESEARCHERS,  STAFF  SUPPORT  AND NON-PERSONAL
SERVICE AT SUCH RESEARCH INSTITUTIONS.
  3. APPLICATION CRITERIA. IN ADDITION TO OTHER CRITERIA AS  THE  CORPO-
RATION  MAY  ADOPT  FOR  THE CONSIDERATION OF APPROVING APPLICATIONS FOR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01626-03-0

S. 6436                             2

GRANTS AND LOANS PROVIDED FOR IN SUBDIVISION TWO OF  THIS  SECTION,  THE
CORPORATION SHALL:
  (A)  DETERMINE  THAT  THE  RESEARCH  INSTITUTION  IS UNABLE TO READILY
OBTAIN SUFFICIENT FUNDING ON  REASONABLE  TERMS  FROM  OTHER  PUBLIC  OR
PRIVATE SOURCES TO PERMIT THE PLANNED PROJECT TO PROCEED;
  (B)  GIVE  PRIORITY TO THOSE APPLICATIONS FOR ASSISTANCE THAT SECURE A
HIGH PORTION OF 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 BY
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.
  4.  SCIENTIFIC  PEER REVIEW. THE CORPORATION SHALL ENGAGE THE SERVICES
OF CONSULTANTS FOR THE PURPOSE OF CONDUCTING A SCIENTIFIC PEER REVIEW OF
ALL APPLICATIONS FOR SUCH GRANTS AND LOANS.  SUCH CONSULTANTS SHALL HAVE
SUBSTANTIAL EXPERIENCE IN THE ESTABLISHMENT AND MANAGEMENT OF SUCH  PEER
REVIEW PROCESS AND SHALL MAKE RECOMMENDATIONS TO THE BIOMEDICAL RESEARCH
ADVISORY BOARD ESTABLISHED PURSUANT TO SUBDIVISION SIX OF THIS SECTION.
  5.  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.
  6. ADVISORY BOARD. (A) THERE SHALL BE ESTABLISHED IN THE CORPORATION A
BIOMEDICAL RESEARCH ADVISORY BOARD WHICH SHALL OVERSEE  THE  PROCESS  OF
PROVIDING  SUCH FINANCIAL ASSISTANCE.  SUCH BOARD SHALL CONSIST OF THIR-
TEEN VOTING MEMBERS AS FOLLOWS:
  (I) THE COMMISSIONER OF HEALTH;
  (II) THE COMMISSIONER OF MENTAL HEALTH;
  (III) THE CHAIR OF THE STATE HEALTH RESEARCH COUNCIL;
  (IV) FOUR MEMBERS APPOINTED BY THE GOVERNOR;
  (V) TWO MEMBERS APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE;
  (VI) TWO MEMBERS APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
  (VII) ONE MEMBER APPOINTED BY THE MINORITY LEADER OF THE SENATE; AND
  (VIII) ONE MEMBER APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY.
  (B) THE APPOINTED MEMBERS SHALL EACH HAVE ADVANCED KNOWLEDGE OF OR  AN
ADVANCED  DEGREE  IN  ONE  OF THE FIELDS OF BIOMEDICAL SCIENCES, OR BE A
PROMINENT MEMBER OF THE BIOMEDICAL RESEARCH INDUSTRY.  SUCH  MEMBERS  OF
THE ADVISORY BOARD SHALL BE RESIDENTS OF THE STATE.
  (C)  THE  APPOINTED  MEMBERS  SHALL  SERVE  FOR  TERMS OF THREE YEARS.
PROVIDED, HOWEVER, THE MEMBERS OF THE ADVISORY BOARD INITIALLY APPOINTED
SHALL BE APPOINTED FOR THE FOLLOWING TERMS:
  (I) ONE  MEMBER APPOINTED BY THE GOVERNOR, ONE MEMBER APPOINTED BY THE
TEMPORARY PRESIDENT OF THE SENATE AND THE MEMBER APPOINTED BY THE MINOR-
ITY LEADER OF THE ASSEMBLY SHALL BE APPOINTED FOR TERMS OF ONE YEAR;
  (II) TWO MEMBERS APPOINTED BY THE GOVERNOR, ONE  MEMBER  APPOINTED  BY
THE  TEMPORARY  PRESIDENT  OF THE SENATE AND ONE MEMBER APPOINTED BY THE
SPEAKER OF THE ASSEMBLY SHALL BE APPOINTED FOR TERMS OF TWO YEARS; AND
  (III) ONE MEMBER APPOINTED BY THE GOVERNOR, ONE  MEMBER  APPOINTED  BY
THE  SPEAKER  OF  THE  ASSEMBLY AND THE MEMBER APPOINTED BY THE MINORITY
LEADER OF THE SENATE SHALL BE APPOINTED FOR TERMS OF THREE YEARS.
  THE MEMBERS SHALL CONTINUE IN OFFICE UNTIL  THE  EXPIRATION  OF  THEIR
TERMS  AND  UNTIL  THEIR  SUCCESSORS  ARE  APPOINTED AND HAVE QUALIFIED.
VACANCIES SHALL BE FILLED BY  THE  APPOINTING  OFFICIAL  WHO  ORIGINALLY
APPOINTED SUCH MEMBER WITHIN ONE YEAR OF THE DATE UPON WHICH SUCH VACAN-
CIES OCCUR.

S. 6436                             3

  (D)  THE  ADVISORY  BOARD SHALL MEET AS FREQUENTLY AS ITS BUSINESS MAY
REQUIRE, AND AT LEAST ONCE IN EACH CALENDAR YEAR.
  (E)  ONE MEMBER SHALL BE APPOINTED BY THE CHAIR OF THE CORPORATION, OR
BY HIS OR HER DESIGNEE, AS CHAIRPERSON OF THE ADVISORY BOARD.
  (F) THE MEMBERS OF THE ADVISORY  BOARD  SHALL  SERVE  WITHOUT  COMPEN-
SATION, OTHER THAN REIMBURSEMENT OF ACTUAL AND NECESSARY EXPENSES.
  7. REPORTS. THE CHAIRMAN OF THE CORPORATION SHALL SUBMIT TO THE DIREC-
TOR OF THE BUDGET, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF
THE  ASSEMBLY, THE MINORITY LEADER OF THE SENATE AND THE MINORITY LEADER
OF THE ASSEMBLY EVALUATIONS OF THE EFFECTIVENESS OF THE PROGRAM.    SUCH
EVALUATIONS SHALL DETERMINE WHETHER THE ASSISTANCE PROVIDED HAS ENHANCED
THE BIOMEDICAL RESEARCH INDUSTRY IN THE STATE AND SHALL MAKE RECOMMENDA-
TIONS  FOR IMPROVEMENTS WHICH WOULD MAKE THE PROGRAM MORE EFFECTIVE. THE
EVALUATIONS SHALL BE SUBMITTED ON OR BEFORE THE FIRST  OF  JULY  OF  THE
SECOND  CALENDAR YEAR NEXT SUCCEEDING THE EFFECTIVE DATE OF THIS SECTION
AND ON OR BEFORE THE FIRST OF JULY EVERY SECOND YEAR THEREAFTER.
  S 2. This act shall take effect immediately.

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