NY Econ Dev L § 410 (2021)
2021 New York Laws COM - Economic Development Law Article 19 - Centers of Excellence Program 410 - Centers of Excellence Program.

§  410.  Centers  of  excellence  program.  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 economic  growth  in  New  York,  or  in  which  the  application of new technologies could significantly enhance the 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 commercializing 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, product   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.   4.  (a)  The  commissioner  shall,  on  or  before February first, two thousand twelve and every year thereafter, submit to the  governor,  the temporary  president  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 tangible evidence  of  recognition;  and  the  methodology  utilized  to determine such impact;  (vi)  the  actual  or  anticipated  new  products  and  processes with commercial 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, intellectual property ownership agreement, intellectual property license agreement, or any other agreements entered into between the state funded research institutions and each research partner.   5. The commissioner shall, on or before February first,  two  thousand twelve  and every year thereafter, submit to the governor, the temporary president of the senate and the  speaker  of  the  assembly  an  overall strategic 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 limited  to  collaboration  with local and regional economic development entities 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.