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This entry was published on 2014-09-22
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SECTION 209-P
Research development program
Executive (EXC) CHAPTER 18, ARTICLE 10-B
§ 209-p. Research development program. 1. There is hereby established
the research development program. The program shall include but need not
be limited to: the faculty development program, capital facility
program, incentive program, and centers for advanced technology
development program.

2. The office shall provide no later than March first, two thousand, a
strategic plan to the governor, the temporary president of the senate
and the speaker of the assembly which shall:

(a) establish criteria for the awarding of funds made available
through the research development program; all awards shall be made on a
competitive basis;

(b) provide a schedule for issuance of requests for proposals for the
research development program awards;

(c) provide a schedule for completion of review of proposals submitted
by institutions of higher education and research institutions to the
office;

(d) provide procedures for the issuance of awards from the research
development program.

3. The faculty development program is hereby created to assist
institutions of higher education and research institutions with the
retention and recruitment of research faculty. Funds appropriated for
this program shall be administered by the office pursuant to request for
proposals. Consideration for the allocation of awards shall be given to
all institutions of higher education and research institutions within
the state provided such institutions demonstrate to the satisfaction of
the advisory council a specific need for such funds and the manner in
which such award for the recruitment and retention of research faculty
would enhance the research capabilities and reputation of the
institution. Criteria for such awards shall include, but not be limited
to, the ability of the faculty member to leverage and attract federal
funds, venture capital and private industry funds, and the willingness
of the faculty member to pursue entrepreneurial enterprises resulting in
new business or the expansion of existing business in New York state.
The office shall promulgate rules and regulations to establish:

(a) the duration of grants for faculty awards;

(b) matching funds required from the academic and research
institutions;

(c) a schedule for an annual reduction of the faculty development
award, and a corresponding increase in the matching funds from the
academic or research institution; and

(d) other rules and regulations deemed necessary by the office for the
administration of this program.

3-a. The faculty development and technology transfer advisory council
shall be established by the commissioner of economic development to
review and recommend proposals submitted for consideration under
subdivisions three and five of this section. The council shall consist
of eleven members that shall include representatives from four different
universities, one national lab, two New York state incubators or New
York state innovation hot spots, two companies and two non-profits with
a statewide economic development mission. Each representative shall have
technology transfer experience. In addition, at least six members of the
council shall have a demonstrated background in bio-medicine,
biotechnology or other life sciences.

4. (a) The capital facility program shall provide financing for the
design, acquisition, construction, reconstruction, rehabilitation or
improvement of research and development facilities, including equipment.
Funds appropriated or reappropriated for the capital facility program by
chapter six hundred twenty-four of the laws of nineteen hundred
ninety-nine shall be awarded to no more than six primary host
institutions.

(b) Criteria for the issuance of awards by the advisory council shall
include but need not be limited to the following: potential future
growth and economic impact within New York state of the proposed
research to be undertaken at such facilities, available expertise at
such campus in the scientific discipline designated for the center for
advanced technology and/or the center's host campus, an evaluation of
the ability of the proposed research to be undertaken at such facilities
to aid existing business and to create new business in New York state,
and the ability of the proposal to leverage and attract federal funds,
venture capital and private industry funds.

(d) The capital facility program shall also provide financing for the
reconstruction, rehabilitation or improvement of existing laboratory
facilities. Funds available pursuant to this subdivision shall be
available for research facilities at all institutions of higher
education and research institutions in New York state.

(e) The office and the city university construction fund may contract
for the construction fund to design, construct, acquire, reconstruct,
rehabilitate and improve research and development facilities for those
primary host institutions which are senior colleges of the city
university of New York.

5. An incentive program is hereby created to provide additional
assistance to technology transfer or commercialization activities at
institutions of higher education and research institutions in the state
of New York for the purpose of encouraging technology transfer from
institutions of higher education and research institutions to businesses
and for commercialization within New York state. Funds appropriated for
this program shall be available for personal service expenses to enhance
the technology transfer abilities or commercialization of research of
higher education and research institutions to businesses within New York
state including but not limited to patent applications, the creation of
business and marketing plans, venture capital conferences and
non-capital costs associated with the development of real property owned
by such institution of higher education or research institution for
research and development purposes. Funds awarded under the incentive
program shall not exceed fifty percent of the cost of the purpose for
which such funds shall be applied. The faculty development and
technology transfer advisory council, as established by subdivision
three-a of this section, shall review and recommend proposals submitted
for consideration pursuant to this subdivision. Preference shall be
given to proposals developed in coordination with a private or public
medical school located in the state.

6. A center for advanced technology development program is created
whereby funds shall be awarded to centers for advanced technology for
the purpose of enhancing and expanding the existing role of the center
in the area for which it is designated. Funds appropriated for the
development program shall be awarded to such centers for advanced
technology. Criteria for the issuance of awards shall be established by
the office and shall include but need not be limited to the economic
development potential of the research undertaken at such center for
advanced technology, funding leveraged from other sources including
private interests and the federal government, potential of revenues
accruing to the institution of higher education or research institution
from the licensing of the products of research conducted at such center
of advanced technology and the interaction of such center with private
industry.