2023 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.