NY Pub Auth L § 3154 (2021)
2021 New York Laws PBA - Public Authorities Article 10-A - New York State Science and Technology Title 2 - New York State Foundation for Science, Technology and Innovation 3154 - Regional Partnership Program.

§  3154.  Regional  partnership program. 1. Establishment and purpose. There is established a program in the foundation  to  be  known  as  the regional   partnership  program.  The  program  shall  provide  regional economic  assistance  to  certified  partnerships  for  the  purpose  of carrying   out  the  purposes  pursuant  to  this  section  and  section thirty-one hundred fifty-three of this title.   2. Duties of regional partnerships. The  regional  partnerships  shall work  individually  and  in coordination with the technology development organizations established pursuant to section thirty-one  hundred  two-d of  this article, and with other partnerships to advance economic growth and business creation and expansion in  the  state.  The  program  shall provide  regional  economic assistance to certified partnerships for the purpose of carrying out  the  purposes  pursuant  to  this  section  and section thirty-one hundred fifty-three of this title.   3.  Certification.  (a)  Partnerships  shall  be  comprised  of  local economic development organizations and, to the extent they  are  present in the region, centers of excellence as defined by section three of part T  of  chapter  eighty-four  of  the  laws of two thousand two or in the absence of such center in the region, at least one institution of higher education involved in commercialization efforts similar to such  centers of  excellence. To obtain certification for the purposes of carrying out the programs of the  foundation,  regional  partnerships  shall  include broad   representation   of  the  economic  development  and  innovation community in  the  region,  including  but  not  limited  to,  community colleges,   university   or  nonprofit  research  institutions,  private industry  representatives,  commercial  lending  institutions,   venture capital  firms  and  workforce  development  organizations.  Before  any partnership is certified by the foundation, the foundation shall approve written guidelines for the program and  shall  provide  a  copy  of  the guidelines  to  the temporary president of the senate and the speaker of the assembly.  (b) Within thirty days of the  appointment  of  the  majority  of  the thirteen  voting  members  of  the  board,  the board shall identify and review  the  necessary  criteria  that  shall  be  demonstrated  for   a partnership  to successfully fulfill the duties specified in subdivision six of this section.  (c) Within thirty days following the  foundation's  identification  of criteria  for  partnerships,  a  comprehensive request for proposals for each of the economic development regions of the state shall be issued by the foundation that incorporates such criteria and may request  any  and all  information  deemed  necessary  by  the  foundation  to certify the partnerships.  (d) The foundation shall have ninety days to conduct  a  comprehensive review  of  all  proposed plans and partnerships. After such review, the foundation shall select and certify regional  partnerships  and  approve plans by a two-thirds majority vote of the board.  (e)  The foundation shall certify one partnership to represent each of ten economic development regions  established  by  the  New  York  state department  of  economic  development  pursuant  to  section two hundred thirty of the economic development law. The foundation shall  certify  a regional partnership that meets the criteria and the requirements as set forth  in  subdivision  four  of  this section, provided that there is a regional partnership that  represents  each  region  specified  in  this section,  provided  further  that  the  foundation  determines  that  an application has been received from each region  that  is  sufficient  to accomplish the purposes of this section.  (f)   The   foundation   shall   modify   or  revoke  a  partnership's certification consistent with the regulations, policies  and  guidelines  of  the  foundation.  The foundation may change the number of regions or regional boundaries with a two-thirds majority vote of the board.  (g)  The length of certification for each such partnership, subject to the  foundation's  authority   to   revoke   or   modify   a   partner's certification,  shall  be for a period of five years, beginning no later than March thirty-first, two thousand six.   4. Application. A partnership  may  apply  to  the  foundation  to  be certified  as  a regional partnership. Each partnership shall have sixty days to prepare and submit an application  prepared  by  the  foundation from  the  date  of  the  issuance  of  such  request for proposals. All applications must be on the form required by the foundation and  include and demonstrate all of the following:  (a) the coordinator's name and address;  (b)  a  statement that the applicant is a partnership and the identity of its members;  (c) a copy of a written strategic  plan  adopted  by  the  partnership describing  the  targeted  industry segments which the partnership shall foster;  (d) a formal statement of cooperation from each partner confirming the contributions, financial and other, and responsibilities of each member;  (e) identification of programs and funds which are appropriate to  the implementation of its regional strategy;  (f)  identification of the efforts to leverage other sources of public and private funding in its proposal;  (g)  identification  of  the  level  of  financial  expertise  of  the partnerships;  (h) an organizational chart;  (i) identification of the resources of the partnership;  (j)   a  comprehensive  plan  for  its  strategy  to  promote  program implementation within the designated geographic region; and  (k) any other information required by the foundation.   5.  Review  and  designation.  The   foundation   shall   review   the applications.  Upon being satisfied that all requirements have been met, the foundation may approve an application. If the foundation approves an application,  the foundation shall accept the organization designated as the coordinator for the regional partnership programs.   6. Continuation of certification.  To  continue  to  be  certified,  a partnership  shall perform the following duties which shall include, but not be limited to:  (a) Serve as a regional partner in identifying,  developing,  adapting and  implementing  advanced  technologies  and  innovative strategies to enable the growth and competitiveness of existing and emerging companies through process improvement, technology  development,  commercialization and production.  (b)  Promote collaborations, programs and initiatives by and among the foundation, technology enterprises, economic development  organizations, the  corporate  community,  academic  research institutions, government, workforce  development  organizations  and   other   interests   working collectively  to advance economic growth, including activities to ensure the availability of venture capital within the region including contract services  in  conjunction  with  the  foundation  pursuant  to   section thirty-one  hundred  fifty-two  of  this  title. Each partnership should stress the use of information technology as a necessary  means  to  link such entities together in a cohesive and effective manner.  (c)  Provide  and  serve  as  a  conduit  to, capital for existing and emerging companies involved in the development,  commercialization,  and production of innovative products and processes.  (d)  Develop and provide support to business incubation facilities and encourage the development of technology business  in  or  near  research academic institutions.  (e) Each partnership shall encourage business mentoring opportunities, to  emerging  companies  in  order  to  provide  resources  and industry knowledge to create opportunities for growth.   7. Certification review. Not less than one hundred eighty  days  prior to  the expiration of a partnership's certification the foundation board shall conduct a comprehensive review of  the  partnership's  performance over  the  entire period of time for which the partnership was certified as such by the foundation. The review shall primarily be based on  those annual  reviews  conducted  by  the  foundation  as  authorized  by this subdivision. Should the foundation deem the partnership's performance to be satisfactory it shall, by two-thirds  vote  of  the  thirteen  voting members  of  the  state  board, re-certify the regional partnership as a regional partnership for a period of five years,  provided  such  period begin  on the day that the previous certification has expired. Provided, however,  should  the  foundation  board  rule  that   a   partnership's performance  has  not  been satisfactory, or if two-thirds of the voting members of the  foundation  board  do  not  support  such  partnership's re-certification,  the  foundation  board  shall issue a new request for proposals for a new regional partnership provided that such request  for proposals shall be issued no later than thirty days after the foundation board  declined  to  re-certify the partnership. Those partnerships that choose to submit an application for  certification  as  a  new  regional partnership  in  response  to  the  request  for proposals issued by the foundation board  shall  have  sixty  days  to  prepare  and  submit  an application from the date of the issuance of such request for proposals. The   foundation   board   shall  have  forty-five  days  to  conduct  a comprehensive review of all applications for certification as a regional partnership. After a review of the applications,  the  foundation  board shall  select  and  certify  a new partnership for all those regions for which a new request for proposals were issued.   8. Regional coordinator. Each partnership  shall  designate  from  its members   a   single,  non-profit  organization  to  coordinate  program development and implementation, and to act as administrative entity  for the  partnership  programs.  Such non-profit organization, or its staff, shall have demonstrated experience with state  and  federal  contracting procedures.   9.  Records.  Upon  request, a partnership must authorize employees or agents of the foundation to inspect its books and records during regular business hours.   10. Foundation fund. (a) Establish fund and programs. There is  hereby created  a fund within the foundation to be known as the foundation fund for the purposes of: (i) providing financial assistance in the  form  of grants,  loans, equity investments or a combination thereof to companies for purposes which may include, but not be limited to, commercialization of innovative products and processes for  emerging  technology  sectors, including   biotechnology,   nanotechnology,   bioinformatics,  software design, innovative energy efficiencies  and  environmental  technologies and  other technologies; (ii) providing financial assistance in the form of grants, loans or a combination thereof to  small  emerging  companies for  the purposes of: (A) offsetting the small emerging companies' costs associated  with  accessing  advanced  telecommunications  services  and technologies,  provided,  however, that such small emerging companies or their  affiliates  shall  not   be   in   the   business   of   offering telecommunications  services  and technologies; (B) offsetting the small emerging companies' costs associated with implementing energy efficiency  or pollution prevention projects; (iii) providing grants  to  facilities that   are   equipped  with  high-technology  resources  appropriate  to different technology sectors, including  biotechnology,  nanotechnology, bioinformatics,  software  design,  innovative  energy and environmental technologies   and   other   advanced   technologies,   for    lab-based commercialization  enhancement  and  pre-venture  product  and  business development and working capital support,  such  as  to  various  sectors particularly   those   that   partner  with  university  based  research institutions; and (iv) providing financial assistance  in  the  form  of grants,  loans  or  a  combination  thereof  to  businesses and facility projects  that  incorporate  innovative  products  and  processes   into traditional   economic   activities,   including   but  not  limited  to agriculture,  manufacturing,   services   and   tourism.   A   certified partnership  shall  be eligible to apply for assistance under any of the programs established in this section.  (b) Programs. (i) The  technology  enhancement  program  will  provide grants  for  lab-based  commercialization  enhancement  and  pre-venture product and business development.  (ii) The innovation investment  program  shall  provide  financing  to facilities  for  early-stage  companies  or companies that demonstrate a high potential for growth and innovation, as defined  and  specified  by the  foundation.  Innovation investment fund awards may take the form of grants, equity investments, or loans or a combination thereof,  provided that the fund serves to promote the growth of small technology-intensive or  otherwise innovative businesses in the state of New York. Innovation investment fund grants, equity investments or loans shall be in  amounts equal  to  or  greater  than  twenty-five thousand dollars but shall not exceed two hundred fifty thousand dollars.  (iii) The emerging investment program shall take the form  of  grants, equity  investments, or loans or a combination thereof, to businesses in the stage of product  development,  as  defined  and  specified  by  the foundation.  Emerging  investment  fund  investments  or  loans shall be greater than two hundred fifty thousand dollars  but  shall  not  exceed seven  hundred  fifty  thousand  dollars. Businesses eligible to receive investments from the emerging investment fund shall  meet  such  targets pursuant  to foundation guidelines that demonstrate sufficient potential to bring a  technology-intensive  or  otherwise  innovative  product  or process  to market and become a profitable employer located in the state of New York.  (iv) The business acceleration program shall provide financing in  the form  of  grants, equity investments, or loans or a combination thereof, to  revenue-generating  technology-intensive  or  otherwise   innovative businesses,  as  defined  and  specified  by the foundation, in order to accelerate their expansion towards profitability. Business  acceleration fund  grants,  equity  investments  or loans shall be greater than seven hundred fifty thousand dollars but shall not exceed one million dollars. Eligible  businesses   shall   demonstrate,   pursuant   to   foundation guidelines,   their  ability  to  become  profitable  and  expand  their employment in the state of New York.  (v) The New York Phase I federal small  business  innovation  research program  may  award  grants  to  recipients conducting research that may result in  the  development  of  an  innovative  technology  having  the potential  to  lead  to  the commercialization or fabrication within New York of new  or  improved  products,  processes,  or  services  for  the continuation  of such research under the contract awarded by the federal agency not to exceed the amount of the federal award or  fifty  thousand dollars, whichever is less.  (c)  The  community colleges/academic research institutions curriculum alignment program which shall provide assistance for alignment  of  SUNY and  CUNY  community colleges with high-technology industry clusters and academic research institutions through the  development  of  specialized curricula which meets the needs of emerging businesses for technical and other skilled workers.  (d)  The  New  York  Science,  Technology, Engineering and Math (STEM) program may foster student interest in scientific and technical  careers and  may  include support for summer science and math camps, internships and mentoring opportunities, and support opportunities for  professional development  for  teachers  in  the  areas  of science, mathematics, and engineering.  (e) The  management  and  technical  assistance  program  may  provide support  for  regional  activities  which include industry associations, angel investor networks,  entrepreneurial  networks,  regional  business plan competitions and other related activities.  (f)  The  manufacturing  assistance  program  may  provide support for flexible manufacturing networks, niche market development,  productivity and energy efficiency assessments and skills training.  (g)  The  regional marketing and export assistance program may provide support for regional activities  including  marketing  cooperatives  and branding initiatives.   11. Reporting requirements. Each partnership shall annually submit the following  information  to the foundation and to the temporary president of the senate and the speaker of the assembly:  (a) the designated coordinator's current contact information;  (b)  a  copy  of  the  regional  partnerships'  current  statement  of cooperation   that   defines   roles,  responsibilities,  contributions, financial and otherwise, of the partnerships;  (c) a list of the partnership's current officers and directors;  (d) an independent audit covering all funds received from the state;  (e) upon request, an independent audit covering all funds received and activities supported by non-state sources; and  (f) all other information that the foundation may require.   12. Urban development corporation proposals.  (a)  Upon  certification pursuant to subdivision three of this section, each regional partnership may  submit  to  the urban development corporation a proposal on how the regional partnership  shall  provide  economic  development  assistance, pursuant  to  sections sixteen-h and sixteen-m of section one of the New York state urban development corporation act.