N.Y. Economic Development Law § 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.