A. 8289--A 2
chapter 947 of the laws of 1968, subdivisions 35 and 37 as added by
chapter 338 of the laws of 1978, subdivision 36 as amended by chapter
697 of the laws of 1984, subdivisions 21, 25, 26, 27, 28, 29, 30, 31,
32, 34, 35, 37 and 38 as renumbered by chapter 437 of the laws of 1983,
subdivision 37-a as added by chapter 203 of the laws of 1984, subdivi-
sion 37-b as added by chapter 524 of the laws of 2005, subdivision 38 as
added by chapter 614 of the laws of 1982, subdivision 39 as added by
chapter 1008 of the laws of 1984, paragraphs (a), (b) and (c) of subdi-
vision 39 as further amended by section 104 of part A of chapter 62 of
the laws of 2011, subdivision 40 as added by chapter 202 of the laws of
1992, subdivision 40-a as added by chapter 307 of the laws of 1993,
subdivisions 41, 42 and 43 as added by chapter 441 of the laws of 1993,
subdivision 41 as added by chapter 705 of the laws of 1993, subdivision
44 as added by chapter 207 of the laws of 1997, subdivision 45 as added
by section 3 of part DD of chapter 59 of the laws of 2006 and subdivi-
sion 46 as amended by section 2 of part O of chapter 60 of the laws of
2011, are amended, subdivision 47, as renumbered by chapter 427 of the
laws of 2008, is renumbered subdivision 52 and five new subdivisions 47,
48, 49, 50 and 51 are added to read as follows:
The commissioner acting by and through the department of economic
development shall have power and it shall be his OR HER duty:
(b) in the discharge of this power, the commissioner may enter into a
contract for publication of a state travel guide to promote tourism.
Such contract may provide for the sale of advertising by the contractor.
A contract for publication of a state travel guide shall be awarded
following consideration of factors which shall include, but not be
limited to, the most favorable financial advantage for the state, the
best representation of the state of New York and its services, and the
greatest utility to the traveller. The commissioner shall promulgate
regulations by the first day of November next succeeding the effective
date of this paragraph to guide the preparation of bids and the dead-
lines for selection of a competent contractor and publication of the
state travel guide. The regulations shall, at a minimum, limit advertis-
ing content to no more than thirty percent of the space available and
establish responsibility for preparation and placement of appropriate
editorial content and an equitable listing without charge or other
consideration of attractions and activities available to the tourist in
New York state. Such regulations shall provide for approval of the
commissioner at critical stages of state travel guide development and
advertising standards and rates. Furthermore, such regulations shall
provide minimum financial terms and responsibilities of the state and
the contractor, the allocation of any revenues derived from the
production of the travel guide and securities which shall be required of
the contractor[.];
16-a. to promote the growth of fruit growing, fruit processing, and
winery businesses in cooperation with the commissioner of agriculture
and markets and the urban development corporation. The commissioner in
promoting such businesses may also help to promote tourist programs
specified in subdivision sixteen of this section and encourage the
retention of agricultural lands and preservation of open spaces[.];
18-a. to establish, in cooperation with the commissioner of agricul-
ture and markets and the state liquor authority, procedures for propos-
ing to the governor nominations for annual awards to be known as "New
York state wine retailers awards". These non-monetary awards shall be
given in recognition of unusual efforts made by restaurants, and/or
retailers licensed to sell alcoholic beverages for off-premises consump-
A. 8289--A 3
tion, to inform consumers as to the availability, diversity and excel-
lence of wines made in the state from grapes grown in the state, and to
feature these wines. The governor shall, at his discretion, issue up to
three awards annually[.];
18-b. to promote, in cooperation with the New York wine and grape
foundation, state policies that will encourage the production and sale
of New York [labelled] LABELED wines[.];
18-c. to establish, in cooperation with the commissioner of agricul-
ture and markets, procedures for proposing nominations to the governor
for three annual, non-monetary awards to be known as: (a) New York State
Direct Farm Marketing Award; (b) New York State Agri-Tourism Award; and
(c) New York State Specialty Food Product Award. These awards shall be
given in recognition of unusual efforts by farmers, food processors and
food retailers for the marketing of New York state grown agricultural
commodities or foods processed from or primarily containing New York
state agricultural commodities and for promoting New York state farms
that are also tourist destinations[.];
18-d. [To] TO establish, in consultation with the New York state tour-
ism advisory council, a New York hall of fame passport permitting admis-
sion to recognized halls of fame situated within the state[.];
18-e. to establish, in cooperation with the urban development corpo-
ration and the commissioner of agriculture and markets and other econom-
ic development agencies a program to promote the agriculture industry
and other related industries in the state in a manner consistent with
the provisions of article five-D of this chapter[.];
18-f. to establish procedures, guidelines or regulations related to
implementation of the "NY-USA Proud" employer of distinction award.
These non-monetary awards shall be given in recognition of companies
that show exceptional support for military personnel including military
reservists and national guard members. To promote and market such award,
the commissioner may design an appropriate symbol that may be registered
as a trademark in the office of the secretary of state. Any such trade-
mark shall be registered by the secretary of state without the exaction
of any fee therefor. The commissioner may in his or her discretion
register any such mark with the United States government and any other
state or foreign country[.];
18-g. to establish procedures, guidelines or regulations related to
implementation of the "Patriot Support and Discount Program". This
voluntary program shall recognize those merchants, businesses or compa-
nies that provide exceptional support to their employees who serve in
the military, including military reservists and national guard members,
or agree to provide reduced price discounts for merchandise and services
for military personnel including military reservists and national guard
members. At the discretion of the commissioner, participating merchants,
businesses or companies may become eligible for inclusion in the "NY-USA
Proud" program[.];
18-h. to include in the "NY-USA Proud" program those companies who
provide accident prevention courses approved by the commissioner of
motor vehicles at a reduced rate to the servicemen and women who have
returned from a combat theater or combat zone of operations[.];
(a) to study changes in and to suggest policies for the economic
development and conservation of the resources of the state and to devel-
op an annual statewide economic development strategic plan. Such strate-
gic plan, shall include but shall not be limited to, a statewide inven-
tory of all industry associations and clusters; a list of industries
that have a competitive advantage; and a list of industries that demon-
A. 8289--A 4
strate the potential for growth. [The department shall work in cooper-
ation with the New York State Foundation for Science, Technology and
Innovation in creating the strategic plan.] The annual statewide econom-
ic development strategic plan shall be submitted to the temporary presi-
dent of the senate and the speaker of the assembly on January first, two
thousand [eight] TWELVE and every year thereafter.
21. to inquire into and report to the governor when requested by him
OR HER, with respect to any program of public state improvements and the
financing thereof; and to request and obtain information from the state
department of transportation and other state departments or agencies
such information and data as may be needed properly to report thereon;
25. [To] TO act as the agent of the state and its political subdivi-
sions for the purpose of approving applicants for financial assistance
from any federal agency for industrial development or redevelopment
purposes, whenever the terms of any act of congress heretofore or here-
after enacted for such purposes require the state or any political
subdivision thereof to approve applicants for such assistance, and to
take any further action which may be required under the terms of such
act[.];
26. [To] TO provide all necessary staff services, accounting, clerical
and secretarial assistance, and office space and equipment requested by
the New York job development authority[.];
27. [To] TO act as the agent of the state to administer, carry out and
coordinate any federal law now or hereafter enacted by the congress to
promote economic growth by supporting state and regional centers to
place the findings of science usefully in the hands of American enter-
prise and, for such purposes, to receive federal funds for technical
services programs and enter into any necessary contracts or compacts in
connection therewith, to take any further action which may be required
under the terms of any such federal act, including but not limited to
the establishment and operation of state or regional technical informa-
tion centers[.];
28. [To] TO provide all necessary staff services, accounting, clerical
and secretarial assistance and office space and equipment requested by
the New York state job incentive board[.];
29. to advise the governor, the legislature and other state agencies
with regard to research and development and the establishment of state
policies relating thereto, in connection with science oriented industry
and applied research[.];
30. to cooperate with all private persons and governmental entities
concerned with science oriented industry and applied research[.];
31. to sponsor, foster and support research and to sponsor or conduct
studies relating to science oriented industry and applied research[.];
32. to review and evaluate the status and to encourage and promote the
development of science oriented industry and applied research designed
to further new and more extensive use of the resources and manpower of
the state[.];
33. [the department shall] TO adopt, amend or rescind, in accordance
with the state administrative procedure act, such rules, regulations and
orders as may be necessary or convenient to the performance of its func-
tions, powers and duties under this chapter. Such rules and regulations
shall be consistent with any program plans required by subdivision nine-
teen of THIS section [one hundred of this chapter.];
34. [the department may] TO, AT HIS OR HER DISCRETION, enter into
contracts with any person, firm, corporation or governmental agency, and
A. 8289--A 5
do all things necessary or convenient to carry out the functions, powers
and duties expressly set forth in this article[.];
35. to promote, publish, and disseminate the rules and regulations
promulgated by the [industrial] commissioner OF LABOR pursuant to arti-
cle twenty-six of the labor law[.];
36. (a) [The commissioner shall] TO solicit research firms to evaluate
the promotional effectiveness and economic impact of the department's
tourism advertising campaigns[. The commissioner shall] AND TO cause
said research firms to submit to the department and the legislative
fiscal committees, at least six weeks prior to the conducting of their
research, a research design indicating the techniques planned to measure
such promotional effectiveness and economic impact; provided, however,
that no firm selected shall do both the promotional effectiveness and
economic impact studies nor shall have participated in the development
of marketing the tourism campaign[.];
(b) [The commissioner shall] TO submit all preliminary reports of such
firms to the legislative fiscal committees within two weeks of receipt
of such reports; the final reports shall be submitted by the commission-
er to the legislative fiscal committees and the tourism advisory council
no later than December first of each year[.];
37. to review and evaluate the economic impact of the downhill ski
industry on the state's economy and to advise the governor, legislature,
and other state agencies of the results of such review and
evaluation[.];
37-a. [The commissioner shall] TO make an annual report to the gover-
nor and legislature on or before the fifteenth day of May for the
preceding calendar year. It shall include a summary of all contacts
received from business entities by the department, including the depart-
ment's [district] REGIONAL offices. The report shall set forth the types
of contacts, the purposes of such contacts and include a summary of the
results of all such contacts by business entities. The report shall also
indicate which contacts were made by small business concerns as defined
by section one hundred thirty-five-a of the state finance law. No
provision of this subdivision shall be deemed to require or authorize
the disclosure of confidential information or trade secrets[.];
37-b. [The requirements to report contained in the following
provisions of this chapter shall be satisfied, notwithstanding any
inconsistent provision appearing therein, by the commissioner who shall]
TO consolidate into one combined annual report, NOTWITHSTANDING ANY
INCONSISTENT PROVISION OF THIS CHAPTER, all of the information required
to be submitted in separate reports by the following provisions of this
chapter. This consolidated annual report of the commissioner shall be
submitted to the governor and the legislature on or before October first
of each year and shall replace the requirements for separate reports
contained in the following provisions of this chapter. In order to
fulfill his or her responsibility under this subdivision, the commis-
sioner may require the submission to him or her a sufficient period of
time in advance of October first of each year by any advisory committee
or other body required to submit a report pursuant to the following
provisions of this chapter of all information which would otherwise be
required to be included in the report of such advisory committee or
other body. The following provisions of this chapter containing require-
ments to submit recurring reports shall be subject to the requirements
of this subdivision:
(a) Section one hundred ninety-five, on the operation and accomplish-
ments of the industrial effectiveness program.
A. 8289--A 6
(b) Paragraph (a) of subdivision seven of section two hundred two,
regarding the current status of the skills development assistance
program.
(c) Subdivision two of section two hundred thirteen, submitting the
results of the annual evaluation of the entrepreneurial assistance
programs established under article nine.
(d) Subdivision two of section two hundred twenty-three, reporting the
results of the annual evaluation of the effectiveness of the export
trade development projects and other technical assistance programs
authorized under article ten.
(e) Paragraph (a) of subdivision three of section two hundred forty-
one, submitting the annual findings and recommendations of the advisory
council on economic information and research.
(f) Subdivision eight of section two hundred fifty, regarding the
current status of the industrial infrastructure development program.
(G) SUBDIVISION TWO OF SECTION THREE HUNDRED SIXTY-ONE, REGARDING THE
EMERGING TECHNOLOGIES INDUSTRIAL CLASSIFICATIONS.
(H) SUBDIVISION FIVE OF SECTION THREE HUNDRED SIXTY-TWO, REGARDING THE
CENTERS FOR ADVANCED TECHNOLOGY.
(I) SUBDIVISIONS FOUR AND FIVE OF SECTION THREE HUNDRED SIXTY-THREE,
REGARDING THE CENTERS OF EXCELLENCE.
(J) SECTION THREE HUNDRED SIXTY-FOUR REGARDING THE TECHNOLOGY DEVELOP-
MENT ORGANIZATION PROGRAM.
(K) SECTION THREE HUNDRED SIXTY-FIVE REGARDING THE SCIENCE AND TECH-
NOLOGY LAW CENTER;
38. to contract for and to accept any gifts or grants or loans of
funds or property of financial or other aid in any form from the federal
government or any agency or instrumentality thereof, or from the state
or any agency or instrumentality thereof, or from any other source, for
any or all of the purposes specified in this chapter, with the terms and
conditions thereof; [and]
39. (a) [To] TO assist the superintendent of financial services to
solicit, evaluate, develop and provide information to banking corpo-
rations, principally engaged in doing business within the state, about
various methods used by banking corporations to provide financing for
businesses engaged in the export of products and services to foreign
countries.
(b) [The commissioner shall] TO evaluate such information as may be
available to the department and help identify local regional banking
corporations currently serving the state exporters and shall assist the
superintendent of financial services in determining the status of local
and regional banking corporations in export financing so that in cooper-
ation with the department of financial services, a program shall be
developed by which new banking corporations may be brought into the
export financing sector and potential and current state exporters may be
given a wider choice of available financing sources for medium and small
export transactions.
(c) [The commissioner shall] TO further inform the superintendent of
financial services of any changes which the department projects may
occur in the international business community about which the commis-
sioner may become aware so that the superintendent of financial services
may provide the most timely and accurate information to the state bank-
ing community.
(d) [The commissioner shall] TO promote, publish and disseminate
information concerning the current export trade engaged in by corpo-
rations doing business in the state, in [particularly] PARTICULAR iden-
A. 8289--A 7
tifying those areas, fields of endeavor and under-utilized industrial
resources which could be exported in greater volume creating an
increased need for financing by local and regional banks[.];
40. to assist the secretary of state to promote and make information
available regarding technical and financial assistance for waterfront
revitalization programs for economically distressed and severely econom-
ically distressed municipalities on inland waterways[, as provided by
section nine hundred fifteen-a of the executive law.];
40-a. to develop a plan to maximize the use of telecommuting to
conserve energy otherwise used by the personnel of the department in
commuting to their assigned workplace. Within one year of the effective
date of this subdivision, the department shall submit a report to the
governor and the legislature on the impact of such plan to include, but
not be limited to, energy conservation, air quality, workforce accept-
ance, office costs and potential cost savings[.];
41. [To] TO investigate innovative approaches to private sector work
and employee compensation arrangements, such as flexible hours and job
sharing, flexible compensation and benefit plans including employee
assistance programs, employer-supported dependent care and family leave,
which will benefit both employers and employees by improving productiv-
ity and morale, lowering rates of absenteeism, tardiness and turnover,
and enhancing a company's image[.];
[41.] 41-A. to administer and operate a linked deposit program pursu-
ant to article fifteen of the state finance law[.];
42. [To] TO promote the advantages of such flexible work arrangements
and benefit plans to business organizations and associations and to
individual firms and to assist such groups or firms with instituting
such arrangements and benefit plans[.];
43. [To] TO work with the New York job development authority, the New
York state urban development corporation and other economic development
agencies in promoting the inclusion of dependent care facilities as part
of business expansion, industrial park, multi-tenant building or other
projects assisted by the authority, the corporation or other
agencies[.];
44. to foster and promote, and to enlist the New York job development
authority, the New York urban development corporation and other public
authorities, public benefit corporations and state agencies to foster
and promote, the re-use and rehabilitation of existing buildings or
sites, or both, as part of business expansion, industrial park, multi-
tenant building or other projects assisted by a public authority, a
public benefit corporation and/or a state agency[.];
45. to license, maintain and lease where appropriate an official
brand, "I Love NY". Such brand shall be maintained, leased and applied
pursuant to section one hundred fifty-two of this chapter[.];
46. to prepare an annual summary for the small business community of
the key legislative, budgetary and regulatory changes impacting small
businesses. Agencies shall cooperate with the department in developing
the annual summary. The annual summary shall be written in plain
language and shall provide specific contact information within the
appropriate agency for inquiries regarding implementation and compli-
ance. The annual summary shall be posted on the department website on or
before September first of each year[.];
47. TO ENCOURAGE AND COORDINATE PROGRAMS AND INVESTMENTS WHICH ADVANCE
THE COMPETITIVENESS OF NEW YORK BUSINESSES IN THE GLOBAL ECONOMY THROUGH
THE PROMOTION OF TECHNOLOGY, INNOVATION AND COMMERCIALIZATION THROUGHOUT
THE STATE'S REGIONS;
A. 8289--A 8
48. TO DEVELOP POLICIES AND IMPLEMENT PROGRAMS WHICH PROMOTE AN ENTRE-
PRENEURIAL BUSINESS ENVIRONMENT, ADVANCE NEW TECHNOLOGIES, AND ENCOURAGE
THE DEVELOPMENT OF AN INNOVATIVE AND COMPETITIVE WORK FORCE;
49. TO COORDINATE AND ADVANCE STATEWIDE AND REGIONAL INITIATIVES TO
MARKET STATE BUSINESSES, AND RESEARCH ACTIVITIES RELATED TO ECONOMIC
DEVELOPMENT AND OPPORTUNITIES AT ACADEMIC AND RESEARCH INSTITUTIONS AND
COMMUNITY-BASED AND ECONOMIC DEVELOPMENT INITIATIVES WITHIN THE STATE
AND AT THE NATIONAL AND INTERNATIONAL LEVEL;
50. TO DEVELOP OR SELECT ANALYTICAL TOOLS AND METHODS TO ASSESS SUCH
ELEMENTS AS THE ACHIEVEMENT OF GOALS AND OBJECTIVES, THE QUALITY OF
RESEARCH CONDUCTED BY AWARD RECIPIENTS, THE LEVEL OF TECHNOLOGY
DIFFUSION AND COMMERCIALIZATION RESULTING FROM STATE ASSISTANCE, THE
ECONOMIC BENEFITS REALIZED BY AWARD RECIPIENTS, THE IMPACT ON EMPLOY-
MENT, GROSS STATE PRODUCT, TAXES, REVENUES, AND BUSINESS CREATION AND
EXPANSION IN NEW YORK STATE, THE ECONOMIC BENEFIT TO REGIONS OF THE
STATE, AND NON-ECONOMIC BENEFITS SUCH AS IMPROVEMENTS IN PUBLIC HEALTH
AND SAFETY OR IN THE NATURAL OR BUILT ENVIRONMENT;
51. TO REQUEST AND RECEIVE FROM STATE AGENCIES AND AUTHORITIES AND
FROM GRANT RECIPIENTS RELEVANT INFORMATION AND DOCUMENTATION, EXCEPT FOR
INFORMATION PROTECTED BY NONDISCLOSURE AGREEMENTS, NECESSARY FOR ANY
REPORTS; AND
S 2. The economic development law is amended by adding five new
sections 361, 362, 363, 364 and 365 to read as follows:
S 361. EMERGING TECHNOLOGY INDUSTRIAL CLASSIFICATION. 1. AS USED IN
THIS SECTION:
(A) "EMERGING TECHNOLOGIES" SHALL MEAN:
(I) ADVANCED MATERIALS AND PROCESSING TECHNOLOGIES THAT INVOLVE THE
DEVELOPMENT, MODIFICATION, OR IMPROVEMENT OF ONE OR MORE MATERIALS OR
METHODS TO PRODUCE DEVICES AND STRUCTURES WITH IMPROVED PERFORMANCE
CHARACTERISTICS OR SPECIAL FUNCTIONAL ATTRIBUTES, OR TO ACTIVATE, SPEED
UP, OR OTHERWISE ALTER CHEMICAL, BIOCHEMICAL, OR MEDICAL PROCESSES. SUCH
TECHNOLOGIES SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING: METAL
ALLOYS, METAL MATRIX AND CERAMIC COMPOSITES, ADVANCED POLYMERS, THIN
FILMS, MEMBRANES, SUPERCONDUCTORS, ELECTRONIC AND PHOTONIC MATERIALS,
BIOACTIVE MATERIALS, BIOPROCESSING, GENETIC ENGINEERING, CATALYSTS,
WASTE EMISSIONS REDUCTION AND WASTE PROCESSING TECHNOLOGIES;
(II) ENGINEERING, PRODUCTION, AND DEFENSE TECHNOLOGIES THAT INVOLVE
KNOWLEDGE-BASED CONTROL SYSTEMS AND ARCHITECTURES, ADVANCED FABRICATION
AND DESIGN PROCESSES, EQUIPMENT, AND TOOLS, OR PROPULSION, NAVIGATION,
GUIDANCE, NAUTICAL, AERONAUTICAL AND ASTRONAUTICAL GROUND AND AIRBORNE
SYSTEMS, INSTRUMENTS, AND EQUIPMENT. SUCH TECHNOLOGIES SHALL INCLUDE,
BUT NOT BE LIMITED TO, THE FOLLOWING: COMPUTER-AIDED DESIGN AND ENGI-
NEERING, COMPUTER-INTEGRATED MANUFACTURING, ROBOTICS AND AUTOMATED
EQUIPMENT, INTEGRATED CIRCUIT FABRICATION AND TEST EQUIPMENT, SENSORS,
BIOSENSORS, SIGNAL AND IMAGE PROCESSING, MEDICAL AND SCIENTIFIC INSTRU-
MENTS, PRECISION MACHINING AND FORMING, BIOLOGICAL AND GENETIC RESEARCH
EQUIPMENT, ENVIRONMENTAL ANALYSIS, REMEDIATION, CONTROL, AND PREVENTION
EQUIPMENT, DEFENSE COMMAND AND CONTROL EQUIPMENT, AVIONICS AND CONTROLS,
GUIDED MISSILE AND SPACE VEHICLE PROPULSION UNITS, MILITARY AIRCRAFT,
SPACE VEHICLES, AND SURVEILLANCE, TRACKING, AND DEFENSE WARNING SYSTEMS;
(III) ELECTRONIC AND PHOTONIC DEVICES AND COMPONENTS FOR USE IN
PRODUCING ELECTRONIC, OPTOELECTRONIC, MECHANICAL EQUIPMENT AND PRODUCTS
OF ELECTRONIC DISTRIBUTION WITH INTERACTIVE MEDIA CONTENT. SUCH TECHNOL-
OGIES SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING: MICRO-
PROCESSORS, LOGIC CHIPS, MEMORY CHIPS, LASERS, PRINTED CIRCUIT BOARD
TECHNOLOGY, ELECTROLUMINESCENT, LIQUID CRYSTAL, PLASMA, AND VACUUM
A. 8289--A 9
FLUORESCENT DISPLAYS, OPTICAL FIBERS, MAGNETIC AND OPTICAL INFORMATION
STORAGE, OPTICAL INSTRUMENTS, LENSES, AND FILTERS, SIMPLEX AND DUPLEX
DATA BASES, AND SOLAR CELLS;
(IV) INFORMATION AND COMMUNICATION TECHNOLOGIES, EQUIPMENT AND SYSTEMS
THAT INVOLVE ADVANCED COMPUTER SOFTWARE AND HARDWARE, VISUALIZATION
TECHNOLOGIES, AND HUMAN INTERFACE TECHNOLOGIES. SUCH TECHNOLOGIES SHALL
INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING: OPERATING AND APPLICA-
TIONS SOFTWARE, ARTIFICIAL INTELLIGENCE, COMPUTER MODELING AND SIMU-
LATION, HIGH-LEVEL SOFTWARE LANGUAGES, NEURAL NETWORKS, PROCESSOR ARCHI-
TECTURE, ANIMATION AND FULL-MOTION VIDEO, GRAPHICS HARDWARE AND
SOFTWARE, SPEECH AND OPTICAL CHARACTER RECOGNITION, HIGH-VOLUME INFORMA-
TION STORAGE AND RETRIEVAL, DATA COMPRESSION, BROADBAND SWITCHING,
MULTIPLEXING, DIGITAL SIGNAL PROCESSING, AND SPECTRUM TECHNOLOGIES;
(V) BIOTECHNOLOGIES, WHICH SHALL BE DEFINED AS TECHNOLOGIES INVOLVING
THE SCIENTIFIC MANIPULATION OF LIVING ORGANISMS, ESPECIALLY AT THE
MOLECULAR AND/OR THE SUB-MOLECULAR GENETIC LEVEL, TO PRODUCE PRODUCTS
CONDUCIVE TO IMPROVING THE LIVES AND HEALTH OF PLANTS, ANIMALS, AND
HUMANS; AND THE ASSOCIATED SCIENTIFIC RESEARCH, PHARMACOLOGICAL, MECHAN-
ICAL, AND COMPUTATIONAL APPLICATIONS AND SERVICES CONNECTED WITH THESE
IMPROVEMENTS. ACTIVITIES INCLUDED WITH SUCH APPLICATIONS AND SERVICES
SHALL INCLUDE, BUT NOT BE LIMITED TO, ALTERNATIVE MRNA SPLICING, DNA
SEQUENCE AMPLIFICATION, ANTIGENETIC SWITCHING, BIOAUGMENTATION, BIOEN-
RICHMENT, BIOREMEDIATION, CHROMOSOME WALKING, CYTOGENETIC ENGINEERING,
DNA DIAGNOSIS, FINGERPRINTING, AND SEQUENCING, ELECTROPORATION, GENE
TRANSLOCATION, GENETIC MAPPING, SITE-DIRECTED MUTAGENESIS, BIO-TRANSDUC-
TION, BIO-MECHANICAL AND BIO-ELECTRICAL ENGINEERING, AND BIO-INFORMAT-
ICS; AND
(VI) REMANUFACTURING TECHNOLOGIES, WHICH SHALL BE DEFINED AS PROCESSES
WHEREBY ELIGIBLE COMMODITIES ARE RESTORED TO THEIR ORIGINAL PERFORMANCE
STANDARDS AND ARE THEREBY DIVERTED FROM THE SOLID WASTE STREAM, RETAIN-
ING THE MAJORITY OF COMPONENTS THAT HAVE BEEN THROUGH AT LEAST ONE LIFE
CYCLE AND REPLACING CONSUMABLE PORTIONS TO ENABLE SUCH COMMODITIES TO BE
RESTORED TO THEIR ORIGINAL FUNCTIONS.
FOR THE PURPOSES OF THIS SUBDIVISION, "ELIGIBLE COMMODITIES" SHALL
MEAN COMMODITIES (EXCLUDING PAPER) USED IN CONJUNCTION WITH OR AS A PART
OF EQUIPMENT PERFORMING THE FUNCTIONS OF FACSIMILE MACHINES, PHOTOCOPI-
ERS, PRINTERS, DUPLICATION EQUIPMENT, OR ANY COMBINATION THEREOF,
INCLUDING, BUT NOT LIMITED TO THE FOLLOWING: MAGNETIC INK CHARACTER
RECOGNITION CARTRIDGES, PHOTO CONDUCTOR ASSEMBLIES, ELECTROSTATIC
CARTRIDGES, THERMAL IMAGING CARTRIDGES, TONER CARTRIDGES, INK JET
CARTRIDGES, AND PRINTER CARTRIDGES. PROVIDED FURTHER, THAT "ELIGIBLE
COMMODITIES" SHALL ALSO INCLUDE EQUIPMENT USED TO RECORD SINGLE FRAME
IMAGES ON FILM, WHERE SUCH EQUIPMENT AND FILM ARE MARKETED AND SOLD AS A
SINGLE INTEGRATED CONSUMER PRODUCT, AND WHERE SUCH EQUIPMENT AND FILM
MAY BE SUBMITTED IN WHOLE TO A PHOTOGRAPH PROCESSOR FOR THE PURPOSES OF
PROCESSING.
(B) "QUALIFIED EMERGING TECHNOLOGY COMPANY" SHALL MEAN A COMPANY
LOCATED IN NEW YORK STATE: (I) WHOSE PRIMARY PRODUCTS OR SERVICES ARE
CLASSIFIED AS EMERGING TECHNOLOGIES AND WHOSE TOTAL ANNUAL PRODUCT SALES
ARE TEN MILLION DOLLARS OR LESS; OR (II) A COMPANY WHICH HAS RESEARCH
AND DEVELOPMENT ACTIVITIES IN NEW YORK STATE AND WHOSE RATIO OF RESEARCH
AND DEVELOPMENT FUNDS TO NET SALES EQUALS OR EXCEEDS THE AVERAGE RATIO
FOR ALL SURVEYED COMPANIES CLASSIFIED AS DETERMINED BY THE NATIONAL
SCIENCE FOUNDATION IN THE MOST RECENT PUBLISHED RESULTS FROM ITS SURVEY
OF INDUSTRY RESEARCH AND DEVELOPMENT, OR ANY COMPARABLE SUCCESSOR SURVEY
A. 8289--A 10
AS DETERMINED BY THE DEPARTMENT, AND WHOSE TOTAL ANNUAL PRODUCT SALES
ARE TEN MILLION DOLLARS OR LESS.
THE DEFINITION OF "RESEARCH AND DEVELOPMENT FUNDS" SHALL BE THE SAME
AS THAT USED BY THE NATIONAL SCIENCE FOUNDATION IN THE AFOREMENTIONED
SURVEY.
2. THE DEPARTMENT SHALL PREPARE AN ANNUAL REPORT PURSUANT TO SUBDIVI-
SION THIRTY-SEVEN-B OF SECTION ONE HUNDRED OF THIS CHAPTER ANALYZING THE
EFFECTIVENESS OF THE TAX CREDITS CREATED BY SUBDIVISIONS TWELVE-E AND
TWELVE-F OF SECTION TWO HUNDRED TEN OF THE TAX LAW, IN LIGHT OF THEIR
INFLUENCE ON THE START-UP, GROWTH, AND RETENTION OF EMERGING TECHNOLOGY
COMPANIES IN THE STATE, ON JOB GROWTH WITHIN HIGH TECHNOLOGY COMPANIES,
AND ON THE EXPANSION OF COLLABORATIVE RESEARCH AND DEVELOPMENT UNDERTAK-
EN BY INDUSTRY AND ACADEMIA. THE DEPARTMENT OF TAXATION AND FINANCE
SHALL ANNUALLY PROVIDE THE DEPARTMENT WITH AGGREGATE STATISTICS, PURSU-
ANT TO EXISTING LEGAL REQUIREMENTS FOR CONFIDENTIALITY OF TAXPAYER
RECORDS, ON THE NUMBER OF TAXPAYERS APPLYING FOR SUCH CREDITS, THE
NUMBER OF EMPLOYEES EMPLOYED FULL TIME BY QUALIFIED EMERGING TECHNOLOGY
COMPANIES, AND THE TOTAL AMOUNT AND THE AMOUNT OF INCREMENTAL BASIC
RESEARCH PAYMENTS, MADE TO A QUALIFIED ORGANIZATION.
S 362. CENTERS FOR ADVANCED TECHNOLOGY. IN ORDER TO ENCOURAGE GREATER
COLLABORATION BETWEEN PRIVATE INDUSTRY AND THE UNIVERSITIES OF THE STATE
IN THE DEVELOPMENT AND APPLICATION OF NEW TECHNOLOGIES, THE DEPARTMENT
IS AUTHORIZED TO DESIGNATE CENTERS FOR ADVANCED TECHNOLOGY IN SUCH 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. SUCH DESIGNATIONS SHALL BE MADE IN ACCORDANCE WITH THE STAN-
DARDS AND CRITERIA SET FORTH IN SUBDIVISION TWO OF THIS SECTION. CENTERS
SO DESIGNATED SHALL BE ELIGIBLE FOR SUPPORT FROM THE DEPARTMENT IN THE
MANNER PROVIDED FOR IN SUBDIVISION THREE OF THIS SECTION, AND FOR SUCH
ADDITIONAL SUPPORT AS MAY OTHERWISE BE PROVIDED BY LAW.
1. AS USED IN THIS SECTION:
(A) "CENTER FOR ADVANCED TECHNOLOGY" OR "CENTER" MEANS A UNIVERSITY OR
UNIVERSITY-AFFILIATED RESEARCH INSTITUTE OR A CONSORTIUM OF SUCH INSTI-
TUTIONS, DESIGNATED BY THE DEPARTMENT, WHICH CONDUCTS A CONTINUING
PROGRAM OF BASIC AND APPLIED RESEARCH, DEVELOPMENT, AND TECHNOLOGY
COMMERCIALIZATION IN ONE OR MORE TECHNOLOGICAL AREAS, IN COLLABORATION
WITH AND THROUGH THE SUPPORT OF PRIVATE BUSINESS AND INDUSTRY; AND
(B) "APPLICANT" MEANS A UNIVERSITY OR UNIVERSITY-AFFILIATED RESEARCH
INSTITUTE OR A CONSORTIUM OF SUCH INSTITUTIONS WHICH REQUEST DESIGNATION
AS A CENTER IN ACCORDANCE WITH SUCH REQUIREMENTS AS ARE ESTABLISHED BY
THE DEPARTMENT FOR THIS PURPOSE.
2. THE DEPARTMENT SHALL:
(A) IDENTIFY TECHNOLOGICAL AREAS FOR WHICH CENTERS SHOULD BE DESIG-
NATED INCLUDING TECHNOLOGICAL AREAS THAT ARE RELATED TO INDUSTRIES WITH
SIGNIFICANT POTENTIAL FOR ECONOMIC GROWTH AND DEVELOPMENT IN NEW YORK
STATE AND TECHNOLOGICAL AREAS THAT ARE RELATED TO THE ENHANCEMENT OF
PRODUCTIVITY IN VARIOUS INDUSTRIES LOCATED IN NEW YORK STATE.
(B) ESTABLISH CRITERIA THAT APPLICANTS MUST SATISFY FOR DESIGNATION AS
A CENTER, INCLUDING, BUT NOT LIMITED TO THE FOLLOWING:
(I) AN ESTABLISHED RECORD OF RESEARCH, DEVELOPMENT AND INSTRUCTION IN
THE AREA OR AREAS OF TECHNOLOGY INVOLVED;
(II) THE CAPACITY TO CONDUCT RESEARCH AND DEVELOPMENT ACTIVITIES IN
COLLABORATION WITH BUSINESS AND INDUSTRY;
A. 8289--A 11
(III) THE CAPACITY TO SECURE SUBSTANTIAL PRIVATE AND OTHER GOVERN-
MENTAL FUNDING FOR THE PROPOSED CENTER, IN AMOUNTS AT LEAST EQUAL TO THE
TOTAL OF SUPPORT SOUGHT FROM THE STATE;
(IV) THE ABILITY AND WILLINGNESS TO COOPERATE WITH OTHER INSTITUTIONS
IN THE STATE IN CONDUCTING RESEARCH AND DEVELOPMENT ACTIVITIES, AND IN
DISSEMINATING RESEARCH RESULTS; AND TO WORK WITH TECHNICAL AND COMMUNITY
COLLEGES IN THE STATE TO ENHANCE THE QUALITY OF TECHNICAL EDUCATION IN
THE AREA OR AREAS OF TECHNOLOGY INVOLVED;
(V) THE ABILITY AND WILLINGNESS TO COOPERATE WITH THE DEPARTMENT AND
OTHER ECONOMIC DEVELOPMENT AGENCIES IN PROMOTING THE GLOBAL COMPETITIVE-
NESS, EMPLOYMENT CREATION AND RETENTION, GROWTH AND DEVELOPMENT IN NEW
YORK STATE OF INDUSTRIES BASED UPON OR BENEFITING FROM THE AREA OR AREAS
OF TECHNOLOGY INVOLVED.
(C) ESTABLISH SUCH REQUIREMENTS AS IT DEEMS APPROPRIATE FOR THE
FORMAT, CONTENT AND FILING OF APPLICATIONS FOR DESIGNATION AS CENTERS
FOR ADVANCED TECHNOLOGY.
(D) ESTABLISH SUCH PROCEDURES AS IT DEEMS APPROPRIATE FOR THE EVALU-
ATION OF APPLICATIONS FOR DESIGNATION AS CENTERS FOR ADVANCED TECHNOLO-
GY, INCLUDING THE ESTABLISHMENT OF PEER REVIEW PANELS COMPOSED OF
NATIONALLY RECOGNIZED EXPERTS IN THE TECHNOLOGICAL AREAS AND INDUSTRIES
TO WHICH THE APPLICATION IS RELATED.
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, TO DESIGNATED CENTERS FOR ADVANCED TECHNOLOGY,
IN ORDER TO ENHANCE AND ACCELERATE THE DEVELOPMENT OF SUCH CENTERS.
FUNDS RECEIVED PURSUANT TO THIS SUBDIVISION MAY BE USED FOR PURCHASE OF
EQUIPMENT AND FIXTURES, EMPLOYMENT OF FACULTY AND SUPPORT STAFF,
PROVISION OF GRADUATE FELLOWSHIPS, AND OTHER PURPOSES APPROVED BY THE
DEPARTMENT, BUT MAY NOT BE USED FOR CAPITAL CONSTRUCTION. IN EACH CASE,
THE AMOUNT PROVIDED BY THE DEPARTMENT TO A CENTER SHALL BE MATCHED BY
COMMITMENTS OF SUPPORT FROM PRIVATE AND GOVERNMENTAL OTHER THAN STATE
SOURCES PROVIDED THAT:
(I) FUNDS OR IN-KIND RESOURCES PROVIDED BY THE PUBLIC OR PRIVATE
UNIVERSITY OF WHICH THE CENTER IS A PART MAY BE COUNTED TOWARDS THE
MATCH;
(II) SUCH MATCH SHALL NOT BE REQUIRED ON A PROJECT-BY-PROJECT BASIS;
(III) MATCHING FUNDS RECEIVED FROM BUSINESSES WITH NO MORE THAN ONE
HUNDRED EMPLOYEES SHALL COUNT AS DOUBLE THE ACTUAL DOLLAR AMOUNT TOWARD
THE CENTER'S OVERALL MATCH REQUIREMENT;
(IV) FUNDS USED BY THE CENTER FOR ANY WORKFORCE DEVELOPMENT ACTIVITIES
REQUIRED BY THE DEPARTMENT SHALL NOT BE INCLUDED AS PART OF THE CENTER'S
AWARD WHEN DETERMINING THE AMOUNT OF MATCHING FUNDS REQUIRED BY THE
DEPARTMENT. SUCH ACTIVITIES SHALL INCLUDE, BUT ARE NOT LIMITED TO, HELP-
ING INCUMBENT WORKERS EXPAND THEIR SKILL SETS THROUGH SHORT COURSES,
SEMINARS, AND WORKSHIPS; PROVIDING INDUSTRY-DRIVEN RESEARCH ASSISTANT
OPPORTUNITIES FOR STUDENTS, AND AIDING IN THE DEVELOPMENT OF UNDERGRADU-
ATE AND GRADUATE COURSES IN THE CENTER'S TECHNOLOGY FOCUS TO HELP ENSURE
THAT STUDENTS ARE TRAINED TO MEET THE NEEDS OF INDUSTRY;
(V) CENTERS MAY USE NOT MORE THAN TWENTY-FIVE PERCENT OF INDIRECT
COSTS TOWARDS ANY MATCH REQUIREMENTS.
(B) THE AMOUNT PROVIDED BY THE DEPARTMENT SHALL BE MATCHED IN ACCORD-
ANCE WITH THE FOLLOWING:
(I) FOR THE ACADEMIC YEAR IN WHICH IT IS FIRST FUNDED AS A DESIGNATED
CENTER, AND THE FOUR SUBSEQUENT YEARS, THE AMOUNT PROVIDED BY THE
DEPARTMENT TO A CENTER SHALL BE MATCHED EQUALLY BY THE CENTER;
A. 8289--A 12
(II) BEGINNING IN THE SIXTH ACADEMIC YEAR FOLLOWING THE ACADEMIC YEAR
IN WHICH A CENTER IS FIRST FUNDED AS A DESIGNATED CENTER AND FOR EACH
ACADEMIC YEAR THEREAFTER, AMOUNTS PROVIDED BY THE DEPARTMENT OF UP TO
SEVEN HUNDRED FIFTY THOUSAND DOLLARS SHALL BE MATCHED EQUALLY BY THE
CENTER, AMOUNTS IN EXCESS OF SEVEN HUNDRED FIFTY THOUSAND DOLLARS SHALL
BE MATCHED BY THE CENTER IN AMOUNTS OF AT LEAST THE PERCENTAGE SET FORTH
HEREIN: IN THE SIXTH YEAR, ONE HUNDRED TWENTY PERCENT; IN THE SEVENTH
YEAR, ON HUNDRED FORTY PERCENT; IN THE EIGHTH YEAR, ONE HUNDRED SIXTY
PERCENT; IN THE NINTH YEAR, ONE HUNDRED EIGHTY PERCENT; IN THE TENTH
YEAR AND EACH YEAR THEREAFTER, TWO HUNDRED PERCENT;
(III) BEGINNING IN THE NINTH ACADEMIC YEAR FOLLOWING THE ACADEMIC YEAR
IN WHICH A CENTER IS FIRST FUNDED AS A DESIGNATED CENTER, THE DEPARTMENT
SHALL EVALUATE SUCH CENTER'S AREA OF ADVANCED TECHNOLOGY TO DETERMINE
WHETHER IT HAS CONTINUED SIGNIFICANT POTENTIAL FOR ENHANCING ECONOMIC
GROWTH IN NEW YORK, OR WHETHER THE APPLICATION OF TECHNOLOGIES IN THE
AREA COULD SIGNIFICANTLY ENHANCE THE PRODUCTIVITY AND STABILITY OF NEW
YORK BUSINESSES;
(IV) UPON A FINDING BY THE DEPARTMENT THAT AN AREA OF ADVANCED TECH-
NOLOGY HAS CONTINUED SIGNIFICANT POTENTIAL FOR ENHANCING ECONOMIC GROWTH
IN NEW YORK, OR THAT THE APPLICATION OF TECHNOLOGIES IN THE AREA COULD
SIGNIFICANTLY ENHANCE THE PRODUCTIVITY AND STABILITY OF NEW YORK BUSI-
NESSES, THE DEPARTMENT WILL INITIATE A REDESIGNATION PROCESS IN ACCORD-
ANCE WITH THE STANDARDS AND CRITERIA SET FORTH IN PARAGRAPH (B) OF
SUBDIVISION TWO OF THIS SECTION AND IN ACCORDANCE WITH PARAGRAPHS (C)
AND (D) OF SUBDIVISION TWO OF THIS SECTION.
(1) IN THE EVENT A NEW CENTER IS SELECTED IN THE REDESIGNATION PROC-
ESS, THE DEPARTMENT SHALL PROVIDE FUNDS TO SUCH NEW CENTER IN ACCORDANCE
WITH THE FUNDING MATCH REQUIREMENTS SET FORTH IN SUBPARAGRAPHS (I) AND
(II) OF PARAGRAPH (A) OF THIS SUBDIVISION.
(2) IN THE EVENT A PREVIOUSLY DESIGNATED CENTER IS REDESIGNATED IN THE
SAME AREA OF TECHNOLOGY, WHICH REDESIGNATION IS EFFECTIVE FOR THE TENTH
ACADEMIC YEAR FOLLOWING THE FIRST ACADEMIC YEAR OF BOTH DESIGNATION AND
FUNDING, THEN, IN THAT YEAR AND IN EACH YEAR THEREAFTER, THE DEPARTMENT
SHALL PROVIDE FUNDS OF UP TO SEVEN HUNDRED FIFTY THOUSAND DOLLARS TO BE
MATCHED EQUALLY BY THE CENTER, AMOUNTS IN EXCESS OF SEVEN HUNDRED FIFTY
THOUSAND DOLLARS SHALL BE MATCHED BY THE CENTER IN AMOUNTS OF AT LEAST
TWO HUNDRED PERCENT.
(3) IN THE EVENT A CURRENTLY DESIGNATED CENTER IS NOT SELECTED IN THE
REDESIGNATION PROCESS FOR AN ADDITIONAL TERM, OR UPON A FINDING BY THE
DEPARTMENT THAT THE AREA OF ADVANCED TECHNOLOGY DOES NOT HAVE SIGNIF-
ICANT POTENTIAL FOR ENHANCING ECONOMIC GROWTH IN NEW YORK, OR UPON A
FINDING THAT THE APPLICATION OF TECHNOLOGIES IN THAT AREA WOULD NOT
SIGNIFICANTLY ENHANCE THE PRODUCTIVITY AND STABILITY OF NEW YORK BUSI-
NESSES, THEN THE DEPARTMENT SHALL, IN THE TENTH ACADEMIC YEAR FOLLOWING
SUCH CENTER'S FIRST BOTH DESIGNATION AND FUNDING, WHICH YEAR SHALL BE
THE FINAL YEAR OF FUNDING FOR SUCH CENTER, PROVIDE AN AMOUNT OF UP TO
FIVE HUNDRED THOUSAND DOLLARS.
(4) IF THE DEPARTMENT DOES NOT ISSUE A TIMELY, NEW REQUEST FOR
PROPOSALS BEFORE THE END OF ANY TEN-YEAR PERIOD, OR DOES NOT EVALUATE
NEW PROPOSALS AND MAKE NEW A DESIGNATION BY THE END OF ANY TEN-YEAR
DESIGNATION, THE DESIGNATION OF AND FUNDING FOR EXISTING CENTERS AT THE
END OF THEIR TEN-YEAR DESIGNATION PERIOD SHALL REMAIN IN EFFECT UNTIL
THE END OF THE STATE FISCAL YEAR THAT FOLLOWS THE LAST YEAR OF THE
CENTER'S DESIGNATION DURING WHICH TIME THE DEPARTMENT SHALL COMPLETE ITS
EVALUATION AND REDESIGNATION PROCESS PURSUANT TO THIS SECTION.
A. 8289--A 13
(C) CONTINUED FUNDING OF THE OPERATIONS OF EACH CENTER SHALL BE BASED
UPON A SHOWING THAT: THE CENTER CONTINUES TO COMPLY WITH THE CRITERIA
ESTABLISHED BY THE DEPARTMENT PURSUANT TO PARAGRAPH (B) OF SUBDIVISION
TWO OF THIS SECTION; A DEMONSTRATION OF ASSISTANCE TO SMALL BUSINESSES
IN NEW YORK STATE THROUGH RESEARCH, TECHNOLOGY TRANSFER OR OTHER MEANS
AS APPROVED BY THE DEPARTMENT; EVIDENCE OF PARTNERSHIPS WITH OTHER
APPROPRIATE ENTITIES TO DEVELOP OUTREACH NETWORKS AND ENSURE THAT COMPA-
NIES RECEIVE ACCESS TO APPROPRIATE FEDERAL FUNDING FOR TECHNOLOGY DEVEL-
OPMENT AND COMMERCIALIZATION AS WELL AS NON-RESEARCH ASSISTANCE SUCH AS
GENERAL BUSINESS CONSULTING. APPROPRIATE PARTNERS ARE THOSE WITH WHICH
THE CENTER DEMONSTRATES A RELATIONSHIP THAT ENHANCES AND ADVANCES THE
CENTER'S ABILITY TO AID ECONOMIC GROWTH IN NEW YORK STATE; AND COMPLI-
ANCE WITH THE RULES, REGULATIONS AND GUIDELINES OF THE DEPARTMENT; AND,
COMPLIANCE WITH ANY CONTRACTS BETWEEN THE DEPARTMENT AND THE DESIGNATED
CENTER.
(D) EACH CENTER SHALL REPORT ON ITS ACTIVITIES TO THE DEPARTMENT IN A
MANNER AND ACCORDING TO THE SCHEDULE ESTABLISHED BY THE DEPARTMENT AND
SHALL PROVIDE SUCH ADDITIONAL INFORMATION AS THE DEPARTMENT MAY REQUIRE
PROVIDED, THAT QUANTIFIABLE ECONOMIC DEVELOPMENT IMPACT MEASURES ARE NOT
RESTRICTED TO ANY PERIOD LESS THAN FIVE YEARS AND THAT CENTERS PROVIDE A
FULL DESCRIPTION OF ALL NON-QUANTIFIABLE MEASURES. THE DEPARTMENT SHALL
EVALUATE CENTER OPERATIONS USING METHODS SUCH AS SITE VISITS, REPORTING
OF SPECIFIED INFORMATION AND PEER REVIEW EVALUATIONS USING EXPERTS IN
THE FIELD OF TECHNOLOGY IN WHICH THE CENTER WAS DESIGNATED. THE DEPART-
MENT SHALL NOTIFY EACH CENTER OF THE RESULTS OF ITS EVALUATIONS AND
FINDINGS OF DEFICIENCIES IN THE OPERATION OF SUCH CENTER OR ITS
RESEARCH, EDUCATION, OR TECHNOLOGY COMMERCIALIZATION ACTIVITIES AND
SHALL WORK WITH SUCH CENTERS TO REMEDY SUCH FINDINGS. IF SUCH FACTORS
ARE NOT REMEDIED, THE DEPARTMENT MAY WITHDRAW THE STATE FUNDING SUPPORT,
IN WHOLE OR IN PART, OR WITHDRAW THE CENTER DESIGNATION.
(E) IN ORDER TO ENCOURAGE THAT THE RESULTS OF CENTER RESEARCH BENEFIT
NEW YORK STATE, DESIGNATION AND CONTINUED FUNDING OF EACH CENTER SHALL
BE CONTINGENT UPON EACH CENTER'S ESTABLISHING WITHIN ITS LICENSING
GUIDELINES THE FOLLOWING: AFTER PAYMENT OF THE INVENTOR'S SHARE, A
REDUCED PAYMENT DUE TO THE UNIVERSITY OF ANY ROYALTY, INCOME OR OTHER
CONSIDERATION EARNED FROM THE LICENSE OR SALE OF INTELLECTUAL PROPERTY
RIGHTS CREATED OR DEVELOPED AT, OR THROUGH THE USE OF, THE FACILITIES OF
THE CENTER BY ANY PERSON OR ENTITY IF THE MANUFACTURING OR USE RESULTING
FROM SUCH INTELLECTUAL PROPERTY RIGHTS OCCURS WITHIN NEW YORK STATE. THE
DEPARTMENT SHALL PROMULGATE RULES AND REGULATIONS REGARDING THE
PROVISIONS OF THE LICENSING GUIDELINES DESCRIBED HEREIN AS THEY APPLY TO
SUCH REDUCED PAYMENT, AND SUCH PROVISIONS SHALL BE SUBJECT TO THE
APPROVAL OF THE DEPARTMENT.
4. (A) FROM SUCH FUNDS AS MAY BE APPROPRIATED FOR THE PURPOSE OF
INCENTIVE GRANTS OR OTHER FUNDS WHICH MAY BE AVAILABLE FROM THE DEPART-
MENT TO ENHANCE CENTER ACTIVITIES IN AREAS OF CRUCIAL INTEREST IN THE
STATE'S ECONOMIC DEVELOPMENT, THE DEPARTMENT MAY PROVIDE GRANTS, ON A
COMPETITIVE BASIS, TO CENTERS FOR PROJECTS INCLUDING, BUT NOT LIMITED
TO, THOSE WHICH:
(I) EXPLORE NEW TECHNOLOGIES WITH COMMERCIAL APPLICATION CONDUCTED
JOINTLY BY TWO OR MORE CENTERS OR A CENTER AND NON-CENTER UNIVERSITY,
COLLEGE OR COMMUNITY COLLEGE;
(II) ARE AIMED AT ENHANCING OR ACCELERATING THE PROCESS OF BRINGING
NEW PRODUCTS, PARTICULARLY THOSE UNDER DEVELOPMENT BY NEW SMALL BUSI-
NESSES, TO THE MARKETPLACE; OR
A. 8289--A 14
(III) INCREASE TECHNOLOGY TRANSFER PROJECTS WITH THE STATE'S MATURE
MANUFACTURING INDUSTRIES IN APPLYING TECHNOLOGY IN THEIR MANUFACTURING
PROCESSES OR FOR NEW PRODUCT DEVELOPMENT.
(B) STATE SUPPORT FOR INCENTIVE GRANTS MAY BE MATCHED ON AN INDIVIDUAL
BASIS BY THE DEPARTMENT, WHICH MAY CONSIDER THE TYPE OF PROJECT AND THE
AVAILABILITY OF AMOUNTS FROM PRIVATE, UNIVERSITY AND GOVERNMENTAL, OTHER
THAN STATE, SOURCES.
5. (A) THE DEPARTMENT SHALL MAKE AN ANNUAL REPORT OF THE CENTERS FOR
ADVANCED TECHNOLOGY PROGRAM TO THE GOVERNOR AND THE LEGISLATURE PURSUANT
TO SUBDIVISION THIRTY-SEVEN-B OF SECTION ONE HUNDRED OF THIS CHAPTER.
SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO, THE RESULTS OF THE
DEPARTMENT'S EVALUATION OF EACH CENTER, A DESCRIPTION OF THE ACHIEVEMENT
OF EACH CENTER, ANY DEFICIENCIES IN THE OPERATION OF EACH CENTER OR ITS
RESEARCH, EDUCATION AND TECHNOLOGY COMMERCIALIZATION ACTIVITIES, REMEDI-
AL ACTIONS RECOMMENDED BY THE DEPARTMENT, REMEDIAL ACTIONS TAKEN BY EACH
CENTER, A DESCRIPTION OF THE SMALL BUSINESS ASSISTANCE PROVIDED BY EACH
CENTER, A DESCRIPTION OF ANY INCENTIVE GRANT PROGRAM AWARDED A GRANT BY
THE DEPARTMENT AND THE ACHIEVEMENTS OF SUCH PROGRAM, AND THE AMOUNT OF
FINANCIAL ASSISTANCE PROVIDED BY THE DEPARTMENT AND THE LEVEL OF MATCH-
ING FUNDS PROVIDED BY EACH CENTER AND THE USES OF SUCH MONIES.
(B) ANNUAL REPORTS SHALL INCLUDE A DISCUSSION OF ANY FIELDS OF TECH-
NOLOGY THAT THE DEPARTMENT HAS IDENTIFIED AS HAVING SIGNIFICANT POTEN-
TIAL FOR ECONOMIC GROWTH OR IMPROVED GLOBAL COMPETITIVENESS PRODUCTIVITY
AND STABILITY OF NEW YORK BUSINESSES AND IN WHICH NO CENTER FOR ADVANCED
TECHNOLOGY HAS BEEN DESIGNATED AND RECOMMENDATIONS OF THE DEPARTMENT AS
TO ACTIONS THAT SHOULD BE TAKEN.
S 363. CENTERS OF EXCELLENCE. 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 GLOBAL COMPETITIVENESS 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.
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.
A. 8289--A 15
4. (A) THE DEPARTMENT SHALL, PURSUANT TO SUBDIVISION THIRTY-SEVEN-B OF
SECTION ONE HUNDRED OF THIS CHAPTER, SUBMIT TO THE GOVERNOR, THE MAJORI-
TY 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 DEPARTMENT SHALL, ON OR BEFORE SEPTEMBER FIRST, TWO THOUSAND
THIRTEEN 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.
(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 364. REGIONAL TECHNOLOGY DEVELOPMENT CENTERS. 1. AS USED IN THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "REGIONAL TECHNOLOGY DEVELOPMENT CENTERS" OR "CENTERS" SHALL MEAN
ANY REGIONAL, NOT-FOR-PROFIT CORPORATION OR OTHER NONPROFIT ORGANIZA-
TION, ASSOCIATION, OR AGENCY WHICH IS ORGANIZED FOR THE PURPOSE OF THE
PROMOTION, ATTRACTION, STIMULATION, DEVELOPMENT AND EXPANSION OF SCIENCE
AND TECHNOLOGY-ORIENTED ECONOMIC ACTIVITY IN A PARTICULAR REGION OF THE
STATE OR IN ONE OR MORE COUNTIES OR CITIES, AND WHICH DOES NOT ENGAGE IN
LOBBYING ACTIVITIES AS A SIGNIFICANT PART OF THEIR OVERALL FUNCTIONS.
(B) "IN-KIND SERVICES" SHALL MEAN THE DONATION OF QUANTIFIABLE GOODS
AND SERVICES INCLUDING BUT NOT LIMITED TO PROFESSIONAL SERVICES AND
A. 8289--A 16
TIME, EQUIPMENT, MATERIAL AND OFFICE SPACE FOR USE BY A REGIONAL TECH-
NOLOGY DEVELOPMENT CENTER IN FURTHERANCE OF ITS STATED PURPOSES OR
PROVIDED ON BEHALF OF THE CENTER TO OTHERS FOR SUCH PURPOSES AND FOR
WHICH THERE IS NO MONETARY REMUNERATION. ANY SUCH IN-KIND SERVICES MUST
HAVE PRIOR APPROVAL BY THE DEPARTMENT TO SATISFY THE MATCHING REQUIRE-
MENT PURSUANT TO THIS SECTION.
2. (A) THE DEPARTMENT SHALL DESIGNATE REGIONAL TECHNOLOGY DEVELOPMENT
CENTERS IN EACH OF THE TEN ECONOMIC DEVELOPMENT REGIONS THROUGHOUT THE
STATE. CENTERS SHALL BE DESIGNATED FOR A PERIOD NOT GREATER THAN TEN
YEARS THROUGH A COMPETITIVE SELECTION PROCESS.
(B) COMPETITIVE SELECTION CRITERIA SHALL INCLUDE:
(I) THE DEGREE AND COMPLETENESS OF INFORMATION CONTAINED IN THE
PROPOSAL;
(II) THE NATURE, RELEVANCE AND IMPORTANCE OF THE PROPOSED ACTIVITIES
TO THE REGION;
(III) THE ANTICIPATED ECONOMIC BENEFITS TO THE STATE AND THE REGION TO
BE DERIVED FROM THE PROPOSED ACTIVITIES DESCRIBED IN THE PROPOSAL;
(IV) THE DEGREE TO WHICH THE MEMBERSHIP OF THE APPLICANT ORGANIZATION
IS REPRESENTATIVE OF THE REGION'S BUSINESS, INDUSTRY, LABOR, ACADEMIC
AND GOVERNMENT SECTORS, INCLUDING STRONG REPRESENTATION OF THE HIGH
TECHNOLOGY PRIVATE SECTOR;
(V) THE COMMITMENT OF TIME AND ENERGY OF THE PRINCIPALS OF THE APPLI-
CANT ORGANIZATION;
(VI) THE OPERATIONAL READINESS OF THE APPLICANT ORGANIZATION TO CARRY
OUT THE ACTIVITIES DESCRIBED IN THE PROPOSAL; AND
(VII) THE APPLICANT ORGANIZATION'S PRIOR EXPERIENCE AND DEMONSTRATED
RESULTS IN PERFORMING ACTIVITIES IDENTICAL OR SIMILAR TO THOSE IDENTI-
FIED IN THE PROPOSAL.
(C) THERE SHALL BE NO LIMIT ON THE NUMBER OF TIMES CENTERS MAY BE
REDESIGNATED AND IF THE DEPARTMENT DOES NOT ISSUE A TIMELY, NEW REQUEST
FOR PROPOSALS BEFORE THE END OF ANY TEN-YEAR PERIOD, OR IS NOT ABLE TO
EVALUATE NEW PROPOSALS AND MAKE NEW SELECTIONS BY THE END OF THE
TEN-YEAR DESIGNATION, ALL CONTRACTS FOR THE EXISTING CENTERS SHALL BE IN
EFFECT UNTIL THE END OF THE STATE FISCAL YEAR THAT FOLLOWS THE LAST YEAR
OF THE CENTER'S DESIGNATION DURING WHICH TIME THE DEPARTMENT SHALL
COMPLETE ITS EVALUATION AND REDESIGNATION PROCESS PURSUANT TO THIS
SECTION.
3. THE DEPARTMENT IS HEREBY AUTHORIZED TO AWARD GRANTS ON A COMPET-
ITIVE BASIS, FROM SUCH FUNDS AS MAY BE APPROPRIATED FOR THIS PURPOSE BY
THE LEGISLATURE, TO MATCH FUNDS EXPENDED BY REGIONAL TECHNOLOGY DEVELOP-
MENT CENTERS FOR THE PURPOSES SET FORTH IN THIS SECTION AND IN ACCORD-
ANCE WITH RULES AND REGULATIONS PROMULGATED BY THE DEPARTMENT.
4. MATCHING FUNDS SHALL BE PROVIDED ONLY FOR PURPOSES WHICH ARE
RELATED TO THE REALIZATION OF THE TECHNOLOGICAL DEVELOPMENT POTENTIAL OF
A PARTICULAR REGION OF THE STATE AS DETERMINED BY THE DEPARTMENT. AMONG
THE ACTIVITIES FOR WHICH MATCHING FUNDS MAY BE PROVIDED ARE THE FOLLOW-
ING:
(A) SPONSORING AND CONDUCTING REGIONAL CONFERENCES AND STUDIES,
COLLECTING AND DISSEMINATING INFORMATION AND ISSUING PERIODIC REPORTS
RELATING TO SCIENTIFIC AND TECHNOLOGICAL RESEARCH, DEVELOPMENT AND
EDUCATION IN THE REGION;
(B) PREPARING AND PERIODICALLY ISSUING A REGISTER OF SCIENTIFIC AND
TECHNOLOGICAL RESEARCH FACILITIES IN THE REGION;
(C) ASSISTING SMALL AND EMERGING SCIENCE AND TECHNOLOGY-ORIENTED BUSI-
NESSES WITHIN THE REGION INCLUDING PROVIDING ASSISTANCE IN APPLYING FOR
A. 8289--A 17
FEDERAL OR STATE RESEARCH GRANTS OR PROCUREMENT CONTRACTS AND DISSEM-
INATING INFORMATION ON THE AVAILABILITY OF SUCH GRANTS AND CONTRACTS;
(D) COLLECTING AND DISSEMINATING INFORMATION ON FINANCIAL, TECHNICAL,
MARKETING, MANAGEMENT AND OTHER SERVICES AVAILABLE TO SMALL AND EMERGING
SCIENCE AND TECHNOLOGY-ORIENTED BUSINESSES WITHIN THE REGION AND ARRANG-
ING ACCESS TO SUCH SERVICES ON A FREE OR FOR-HIRE BASIS FROM UNIVERSI-
TIES, PRIVATE FOR-PROFIT BUSINESSES AND NONPROFIT ORGANIZATIONS;
(E) PROVIDING TECHNICAL ASSISTANCE INCLUDING MANAGEMENT, MARKETING AND
FINANCIAL PACKAGING ASSISTANCE TO, AND COLLECTING AND DISSEMINATING
INFORMATION REGARDING INNOVATIONS FOR THE BENEFIT OF, INVENTORS INTER-
ESTED IN HAVING THEIR IDEAS DEVELOPED AND COMMERCIALIZED AND ENTREPRE-
NEURS INTERESTED IN THE COMMERCIALIZATION OF NEW PRODUCTS AND PROCESSES;
(F) SUPPORTING UNIVERSITY-INDUSTRY COLLABORATION IN APPLIED RESEARCH
AND TECHNOLOGY BASED ECONOMIC DEVELOPMENT, THE PROMOTION OF INCUBATOR
FACILITIES AND THE GENERATION OR BROKERING OF INVESTMENT CAPITAL TO
SUPPORT REGIONAL NEW ENTERPRISE DEVELOPMENT;
(G) ASSISTING IN THE DEVELOPMENT OF A GLOBALLY COMPETITIVE TECHNOLOGY
DEVELOPMENT STRATEGY FOR THE REGION;
(H) CONTRIBUTING INFORMATION TO ANY STATEWIDE DATABASE, WHICH IDENTI-
FIES RESOURCES AVAILABLE FROM COLLEGES, UNIVERSITIES AND TECHNICAL
SERVICE PROVIDERS AND WHICH PROVIDES INFORMATION, INCLUDING VENTURE
CAPITAL SOURCES AND LABOR MARKET STATISTICS, OF INTEREST TO AND FOR USE
BY ENTREPRENEURS AND TECHNOLOGY-ORIENTED BUSINESSES;
(I) PROJECTING THE NEED FOR THE TECHNICAL AND PROFESSIONAL WORKFORCE
WITHIN THE REGION AND ASSISTING OTHERS IN PLANNING FOR PROJECTED DISLO-
CATIONS AND RETRAINING;
(J) ASSISTING THE DEPARTMENT IN IDENTIFYING AND CONTACTING ELIGIBLE
APPLICANTS, AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION
TWO HUNDRED TWENTY-FOUR OF THIS CHAPTER, AND SPONSORING, IN CONJUNCTION
WITH THE CONFERENCES, SEMINARS, COUNSELING SESSIONS AND OTHER OUTREACH
EFFORTS AIMED AT IMPROVING THE COMPETITIVE POSITION OF APPLICANTS IN
INTERNATIONAL MARKETS BY PROMOTING EXPORTING;
(K) CONDUCTING SUCH OTHER APPROPRIATE ACTIVITIES AS MAY BE ESTABLISHED
BY THE DEPARTMENT FOR THE PURPOSE OF REALIZING THE TECHNOLOGICAL DEVEL-
OPMENT POTENTIAL OF THE REGION SERVED BY THE APPLICANT; AND
(L) PERFORMING ACTIVITIES AND DELIVERING SERVICES PURSUANT TO SUBPARA-
GRAPH (V) OF PARAGRAPH (A) OF SUBDIVISION FIVE OF THIS SECTION.
5. (A) REGIONAL TECHNOLOGY DEVELOPMENT CENTERS SHALL ADMINISTER THE
NEW YORK MANUFACTURING EXTENSION PARTNERSHIP PROGRAM, ALSO REFERRED TO
AS THE INDUSTRIAL TECHNOLOGY EXTENSION SERVICE PROGRAM, WHICH SHALL
PROVIDE TECHNICAL AND MANAGEMENT ASSISTANCE TO MANUFACTURING COMPANIES
WITHIN THE STATE FOR THE FOLLOWING PURPOSES:
(I) TO IMPROVE THE GLOBAL COMPETITIVENESS AND INCREASE THE MARKET
SHARE OF VIABLE NEW YORK STATE INDUSTRIES AND FIRMS THROUGH INCREASED
KNOWLEDGE OF NEW TECHNOLOGIES AND OTHER INNOVATIONS;
(II) TO ASSIST INDUSTRIAL FIRMS THROUGH CONSULTING AND TRAINING ACTIV-
ITIES WITH THE INTRODUCTION OF IMPROVED MANAGEMENT AND PRODUCTION PROC-
ESSES IN ORDER TO ENHANCE THEIR PRODUCTIVITY AND COMPETITIVENESS;
(III) TO PROVIDE INDUSTRIAL EFFECTIVENESS FIELD SERVICES PURSUANT TO
ARTICLE SEVEN OF THIS CHAPTER;
(IV) TO ASSIST IN THE RETENTION AND EXPANSION OF INDUSTRIAL FIRMS AND
EMPLOYMENT IN NEW YORK STATE;
(V) TO ADMINISTER ACTIVITIES AND SERVICES WITH ALL FEDERAL MANUFACTUR-
ING EXTENSION PARTNERSHIP PROGRAM FUNDS RECEIVED BY THE STATE PURSUANT
TO PUBLIC LAW 110-69 WHICH SHALL QUALIFY AS MATCHING FUNDS PURSUANT TO
SUBDIVISION THREE OF THIS SECTION; AND
A. 8289--A 18
(VI) TO COMMUNICATE INDUSTRIAL NEEDS TO UNIVERSITIES AND OTHERS,
BROKERING JOINT UNIVERSITY-INDUSTRY INVESTIGATIONS TO AID INDUSTRY, AND
ASSISTING IN THE PROVISION OF PRODUCTIVITY AND GROWTH IMPROVEMENTS TO
MATURE INDUSTRIES.
(B) NOTWITHSTANDING ANY OTHER LAW, GRANTS MADE BY THE DEPARTMENT
PURSUANT TO THIS SECTION SHALL BE MATCHED ON A FIFTY PERCENT BASIS BY
THE REGIONAL TECHNOLOGY DEVELOPMENT CENTER AND UP TO FIFTY PERCENT OF
SUCH MATCH MAY BE OF IN-KIND SERVICES AS APPROVED BY THE DEPARTMENT.
(C) THE DEPARTMENT MAY ESTABLISH SUCH REQUIREMENTS AS IT DEEMS APPRO-
PRIATE FOR THE FORMAT AND CONTENT OF APPLICATIONS FOR MATCHING GRANTS
PURSUANT TO THIS SUBDIVISION AND SHALL SET REASONABLE DEADLINES FOR THE
SUBMISSION OF APPLICATIONS FOR SUCH SUPPORT.
(D) THE DEPARTMENT MAY SELECT FROM COMPETING APPLICATIONS THOSE WHICH
IT JUDGES TO BE OF GREATEST BENEFIT TO THE WELFARE OF THE PEOPLE OF THE
STATE AND MAY APPROVE OR REJECT ANY OR ALL OF THE COMPETING APPLICA-
TIONS. THE DEPARTMENT SHALL NOTIFY ALL APPLICANTS OF THE APPROVAL OR
REJECTION OF THEIR APPLICATIONS IN A TIMELY FASHION.
(E) THE DEPARTMENT SHALL REQUIRE PERIODIC REPORTS AND OTHER SUCH DOCU-
MENTS AND INFORMATION AS IT DEEMS NECESSARY TO MONITOR AND REVIEW THE
PERFORMANCE OF EACH REGIONAL TECHNOLOGY DEVELOPMENT CENTER AWARDED A
GRANT.
6. THE DEPARTMENT SHALL SUBMIT A REPORT PURSUANT TO SUBDIVISION THIR-
TY-SEVEN-B OF SECTION ONE HUNDRED OF THIS CHAPTER TO THE GOVERNOR, THE
TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY,
DETAILING THE ACTIVITIES THAT EACH REGIONAL TECHNOLOGY DEVELOPMENT
CENTER HAS UNDERTAKEN DURING THE REPORTING YEAR. SUCH REPORTS SHALL
INCLUDE BUT NOT BE LIMITED TO, THE COMPOSITION OF THE CENTER, THE AMOUNT
OF THE GRANT AWARDED AND THE MATCH PROVIDED, THE DUTIES AND OBLIGATIONS
REQUIRED BY THE DEPARTMENT, A DESCRIPTION OF THE CENTER'S ACTIVITIES AND
ACCOMPLISHMENTS, THE NUMBER OF JOBS CREATED OR RETAINED, THE NUMBER AND
TYPES OF COMPANIES ASSISTED, THE INCREASE IN THE NUMBER OF NEW-TO-MARKET
AND NEW-TO-EXPORT BUSINESSES BY EMPLOYMENT SIZE, THE INCREASE IN THE
VALUE OF EXPORT SALES BY BUSINESS EMPLOYMENT SIZE, AND ANY OTHER PERTI-
NENT INFORMATION AS DETERMINED BY THE DEPARTMENT.
7. TO THE FULLEST EXTENT PERMITTED UNDER SUBDIVISION TWO OF SECTION
EIGHTY-SEVEN OF THE PUBLIC OFFICERS LAW, ALL INFORMATION REGARDING THE
FINANCIAL CONDITION, MARKETING PLANS, MANUFACTURING PROCESSES,
PRODUCTION COSTS, PRODUCTIVITY RATES, CUSTOMER LISTS, OR OTHER TRADE
SECRETS AND PROPRIETARY INFORMATION OF A PERSON OR ENTITY REQUESTING
ASSISTANCE FROM THE DEPARTMENT PURSUANT TO THIS SECTION WHICH IS SUBMIT-
TED BY SUCH PERSON OR ENTITY TO THE DEPARTMENT IN CONNECTION WITH AN
APPLICATION FOR ASSISTANCE OR WITH A PRODUCTIVITY ASSESSMENT OR FEASI-
BILITY STUDY, SHALL BE CONFIDENTIAL AND EXEMPT FROM PUBLIC DISCLOSURE.
S 365. SCIENCE AND TECHNOLOGY LAW CENTER. 1. THE DEPARTMENT SHALL,
SUBJECT TO AVAILABLE APPROPRIATIONS, ISSUE A REQUEST FOR PROPOSALS TO
NEW YORK LAW SCHOOLS TO ESTABLISH THE SCIENCE AND TECHNOLOGY LAW CENTER.
(A) THE LAW CENTER SHALL BE DESIGNATED BY THE DEPARTMENT FOR A PERIOD
OF TEN YEARS AND THERE SHALL BE NO LIMIT TO THE NUMBER OF TIMES AN ENTI-
TY MAY BE REDESIGNATED FOR ADDITIONAL TEN-YEAR PERIODS.
(B) IF THE DEPARTMENT DOES NOT ISSUE A TIMELY, NEW REQUEST FOR
PROPOSALS BEFORE THE END OF ANY TEN-YEAR PERIOD, OR DOES NOT EVALUATE
NEW PROPOSALS AND MAKE A NEW DESIGNATION BY THE END OF ANY TEN-YEAR
DESIGNATION, THE DESIGNATION OF AND FUNDING FOR THE EXISTING LAW CENTER
SHALL REMAIN IN EFFECT UNTIL THE END OF THE STATE FISCAL YEAR THAT
FOLLOWS THE LAST YEAR OF THE LAW CENTER'S DESIGNATION DURING WHICH TIME
A. 8289--A 19
THE DEPARTMENT SHALL COMPLETE ITS EVALUATION AND REDESIGNATION PROCESS
PURSUANT TO THIS SECTION.
2. THE SCIENCE AND TECHNOLOGY LAW CENTER WILL ADVISE THE DEPARTMENT,
CENTERS FOR ADVANCED TECHNOLOGY AND OTHER ACADEMIC AND RESEARCH INSTI-
TUTIONS ON ALL TECHNOLOGY-RELATED LEGAL ISSUES, AND PROVIDE ANY OTHER
SERVICES DEEMED NECESSARY BY THE DEPARTMENT, INCLUDING BUT NOT LIMITED
TO:
(A) CONDUCTING RESEARCH ON LEGISLATION, REGULATIONS AND LEGAL DECI-
SIONS THAT IMPACT THE FLOW OF TECHNOLOGY TRANSFER AND ACADEMIC RESEARCH;
(B) WORKING WITH THE CENTERS FOR ADVANCED TECHNOLOGY AND OTHER ACADEM-
IC AND RESEARCH INSTITUTIONS TO PROVIDE APPROPRIATE ASSISTANCE;
(C) WORKING DIRECTLY WITH STARTUP AND EARLY STAGE TECHNOLOGY COMPANIES
OUTSIDE OF INSTITUTIONAL SETTINGS;
(D) WORKING WITH THE CENTERS FOR ADVANCED TECHNOLOGY OR OTHER ACADEMIC
AND RESEARCH INSTITUTIONS IN CREATING AND HOSTING VENTURE CAPITAL FAIRS;
(E) MANAGING THE FUNCTIONS OF THE TECHNOLOGY COMMERCIALIZATION CLINIC
PROGRAM PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
3. THE TECHNOLOGY COMMERCIALIZATION CLINIC PROGRAM SHALL BE MANAGED BY
THE SCIENCE AND TECHNOLOGY LAW CENTER TO ASSIST NEW YORK UNIVERSITIES,
ENTREPRENEURS AND COMPANIES IN COMMERCIALIZING NEW PRODUCTS OR PROC-
ESSES.
(A) ENTITIES ELIGIBLE TO OPERATE THE PROGRAM SHALL BE COMPETITIVELY
SELECTED BY THE DEPARTMENT AND SHALL INCLUDE BUSINESS, LAW AND ENGINEER-
ING SCHOOLS, AND OTHER ACADEMIC RESEARCH ENTITIES, LOCATED AT COLLEGES
AND UNIVERSITIES IN THE STATE.
(B) ACTIVITIES UNDER THIS PROGRAM SHALL BE CONDUCTED BY STUDENTS
SUPERVISED BY APPROPRIATE FACULTY AND UNIVERSITY ADMINISTRATORS AND
SHALL INCLUDE BUT NOT BE LIMITED TO THE FOLLOWING:
(I) ENGAGING IN FACULTY-SUPERVISED PROJECTS SPECIALIZING IN RESEARCH
AND ANALYSIS OF THE COMMERCIAL DEVELOPMENT OF EARLY-STAGE TECHNOLOGIES
ON BEHALF OF NEW YORK UNIVERSITIES AND COMPANIES;
(II) PROVIDING RESEARCH AND ANALYSIS OF THE TECHNICAL, MARKETING,
INTELLECTUAL PROPERTY, GLOBAL MARKET COMPETITIVENESS, AND LEGAL ISSUES
RELATED TO THE COMMERCIAL DEVELOPMENT OF NEW TECHNOLOGIES ON BEHALF OF
NEW YORK UNIVERSITIES AND COMPANIES; AND
(III) COLLABORATING WITH OTHER TECHNOLOGY COMMERCIALIZATION CLINIC
PROGRAMS TO DEVELOP BEST PRACTICES TO SUPPORT GLOBALLY COMPETITIVE TECH-
NOLOGY COMMERCIALIZATION IN NEW YORK.
S 3. This act shall take effect immediately.