N.Y. EXC Law § 209-P — New York Code / Act EXC / Article 10-B / Section 209-P
Research development program
Status: in_force

§ 209-p. Research development program. 1. There is hereby established\nthe research development program. The program shall include but need not\nbe limited to: the faculty development program, capital facility\nprogram, incentive program, and centers for advanced technology\ndevelopment program.\n  2. The office shall provide no later than March first, two thousand, a\nstrategic plan to the governor, the temporary president of the senate\nand the speaker of the assembly which shall:\n  (a) establish criteria for the awarding of funds made available\nthrough the research development program; all awards shall be made on a\ncompetitive basis;\n  (b) provide a schedule for issuance of requests for proposals for the\nresearch development program awards;\n  (c) provide a schedule for completion of review of proposals submitted\nby institutions of higher education and research institutions to the\noffice;\n  (d) provide procedures for the issuance of awards from the research\ndevelopment program.\n  3. The faculty development program is hereby created to assist\ninstitutions of higher education and research institutions with the\nretention and recruitment of research faculty. Funds appropriated for\nthis program shall be administered by the office pursuant to request for\nproposals. Consideration for the allocation of awards shall be given to\nall institutions of higher education and research institutions within\nthe state provided such institutions demonstrate to the satisfaction of\nthe advisory council a specific need for such funds and the manner in\nwhich such award for the recruitment and retention of research faculty\nwould enhance the research capabilities and reputation of the\ninstitution. Criteria for such awards shall include, but not be limited\nto, the ability of the faculty member to leverage and attract federal\nfunds, venture capital and private industry funds, and the willingness\nof the faculty member to pursue entrepreneurial enterprises resulting in\nnew business or the expansion of existing business in New York state.\nThe office shall promulgate rules and regulations to establish:\n  (a) the duration of grants for faculty awards;\n  (b) matching funds required from the academic and research\ninstitutions;\n  (c) a schedule for an annual reduction of the faculty development\naward, and a corresponding increase in the matching funds from the\nacademic or research institution; and\n  (d) other rules and regulations deemed necessary by the office for the\nadministration of this program.\n  3-a. The faculty development and technology transfer advisory council\nshall be established by the commissioner of economic development to\nreview and recommend proposals submitted for consideration under\nsubdivisions three and five of this section. The council shall consist\nof eleven members that shall include representatives from four different\nuniversities, one national lab, two New York state incubators or New\nYork state innovation hot spots, two companies and two non-profits with\na statewide economic development mission. Each representative shall have\ntechnology transfer experience. In addition, at least six members of the\ncouncil shall have a demonstrated background in bio-medicine,\nbiotechnology or other life sciences.\n  4. (a) The capital facility program shall provide financing for the\ndesign, acquisition, construction, reconstruction, rehabilitation or\nimprovement of research and development facilities, including equipment.\nFunds appropriated or reappropriated for the capital facility program by\nchapter six hundred twenty-four of the laws of nineteen hundred\nninety-nine shall be awarded to no more than six primary host\ninstitutions.\n  (b) Criteria for the issuance of awards by the advisory council shall\ninclude but need not be limited to the following: potential future\ngrowth and economic impact within New York state of the proposed\nresearch to be undertaken at such facilities, available expertise at\nsuch campus in the scientific discipline designated for the center for\nadvanced technology and/or the center's host campus, an evaluation of\nthe ability of the proposed research to be undertaken at such facilities\nto aid existing business and to create new business in New York state,\nand the ability of the proposal to leverage and attract federal funds,\nventure capital and private industry funds.\n  (d) The capital facility program shall also provide financing for the\nreconstruction, rehabilitation or improvement of existing laboratory\nfacilities. Funds available pursuant to this subdivision shall be\navailable for research facilities at all institutions of higher\neducation and research institutions in New York state.\n  (e) The office and the city university construction fund may contract\nfor the construction fund to design, construct, acquire, reconstruct,\nrehabilitate and improve research and development facilities for those\nprimary host institutions which are senior colleges of the city\nuniversity of New York.\n  5. An incentive program is hereby created to provide additional\nassistance to technology transfer or commercialization activities at\ninstitutions of higher education and research institutions in the state\nof New York for the purpose of encouraging technology transfer from\ninstitutions of higher education and research institutions to businesses\nand for commercialization within New York state. Funds appropriated for\nthis program shall be available for personal service expenses to enhance\nthe technology transfer abilities or commercialization of research of\nhigher education and research institutions to businesses within New York\nstate including but not limited to patent applications, the creation of\nbusiness and marketing plans, venture capital conferences and\nnon-capital costs associated with the development of real property owned\nby such institution of higher education or research institution for\nresearch and development purposes. Funds awarded under the incentive\nprogram shall not exceed fifty percent of the cost of the purpose for\nwhich such funds shall be applied. The faculty development and\ntechnology transfer advisory council, as established by subdivision\nthree-a of this section, shall review and recommend proposals submitted\nfor consideration pursuant to this subdivision. Preference shall be\ngiven to proposals developed in coordination with a private or public\nmedical school located in the state.\n  6. A center for advanced technology development program is created\nwhereby funds shall be awarded to centers for advanced technology for\nthe purpose of enhancing and expanding the existing role of the center\nin the area for which it is designated. Funds appropriated for the\ndevelopment program shall be awarded to such centers for advanced\ntechnology. Criteria for the issuance of awards shall be established by\nthe office and shall include but need not be limited to the economic\ndevelopment potential of the research undertaken at such center for\nadvanced technology, funding leveraged from other sources including\nprivate interests and the federal government, potential of revenues\naccruing to the institution of higher education or research institution\nfrom the licensing of the products of research conducted at such center\nof advanced technology and the interaction of such center with private\nindustry.\n