S T A T E O F N E W Y O R K
________________________________________________________________________
3290
2021-2022 Regular Sessions
I N A S S E M B L Y
January 22, 2021
___________
Introduced by M. of A. L. ROSENTHAL, LUPARDO, MAGNARELLI -- read once
and referred to the Committee on Economic Development
AN ACT to amend the economic development law, in relation to establish-
ing regional technology development centers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The economic development law is amended by adding a new
section 361 to read as follows:
§ 361. 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
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:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00852-01-1
A. 3290 2
(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
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;
A. 3290 3
(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
(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.
A. 3290 4
(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.
§ 2. This act shall take effect immediately.