N.Y. Executive Law § 209-p: Research development program

§ 209-p. Research development program. 1. There is hereby established

the research development program. The program shall include but need not

be limited to: the faculty development program, capital facility

program, incentive program, and centers for advanced technology

development program.

2. The office shall provide no later than March first, two thousand, a

strategic plan to the governor, the temporary president of the senate

and the speaker of the assembly which shall:

(a) establish criteria for the awarding of funds made available

through the research development program; all awards shall be made on a

competitive basis;

(b) provide a schedule for issuance of requests for proposals for the

research development program awards;

(c) provide a schedule for completion of review of proposals submitted

by institutions of higher education and research institutions to the

office;

(d) provide procedures for the issuance of awards from the research

development program.

3. The faculty development program is hereby created to assist

institutions of higher education and research institutions with the

retention and recruitment of research faculty. Funds appropriated for

this program shall be administered by the office pursuant to request for

proposals. Consideration for the allocation of awards shall be given to

all institutions of higher education and research institutions within

the state provided such institutions demonstrate to the satisfaction of

the advisory council a specific need for such funds and the manner in

which such award for the recruitment and retention of research faculty

would enhance the research capabilities and reputation of the

institution. Criteria for such awards shall include, but not be limited

to, the ability of the faculty member to leverage and attract federal

funds, venture capital and private industry funds, and the willingness

of the faculty member to pursue entrepreneurial enterprises resulting in

new business or the expansion of existing business in New York state.

The office shall promulgate rules and regulations to establish:

(a) the duration of grants for faculty awards;

(b) matching funds required from the academic and research

institutions;

(c) a schedule for an annual reduction of the faculty development

award, and a corresponding increase in the matching funds from the

academic or research institution; and

(d) other rules and regulations deemed necessary by the office for the

administration of this program.

3-a. The faculty development and technology transfer advisory council

shall be established by the commissioner of economic development to

review and recommend proposals submitted for consideration under

subdivisions three and five of this section. The council shall consist

of eleven members that shall include representatives from four different

universities, one national lab, two New York state incubators or New

York state innovation hot spots, two companies and two non-profits with

a statewide economic development mission. Each representative shall have

technology transfer experience. In addition, at least six members of the

council shall have a demonstrated background in bio-medicine,

biotechnology or other life sciences.

4. (a) The capital facility program shall provide financing for the

design, acquisition, construction, reconstruction, rehabilitation or

improvement of research and development facilities, including equipment.

Funds appropriated or reappropriated for the capital facility program by

chapter six hundred twenty-four of the laws of nineteen hundred

ninety-nine shall be awarded to no more than six primary host

institutions.

(b) Criteria for the issuance of awards by the advisory council shall

include but need not be limited to the following: potential future

growth and economic impact within New York state of the proposed

research to be undertaken at such facilities, available expertise at

such campus in the scientific discipline designated for the center for

advanced technology and/or the center's host campus, an evaluation of

the ability of the proposed research to be undertaken at such facilities

to aid existing business and to create new business in New York state,

and the ability of the proposal to leverage and attract federal funds,

venture capital and private industry funds.

(d) The capital facility program shall also provide financing for the

reconstruction, rehabilitation or improvement of existing laboratory

facilities. Funds available pursuant to this subdivision shall be

available for research facilities at all institutions of higher

education and research institutions in New York state.

(e) The office and the city university construction fund may contract

for the construction fund to design, construct, acquire, reconstruct,

rehabilitate and improve research and development facilities for those

primary host institutions which are senior colleges of the city

university of New York.

5. An incentive program is hereby created to provide additional

assistance to technology transfer or commercialization activities at

institutions of higher education and research institutions in the state

of New York for the purpose of encouraging technology transfer from

institutions of higher education and research institutions to businesses

and for commercialization within New York state. Funds appropriated for

this program shall be available for personal service expenses to enhance

the technology transfer abilities or commercialization of research of

higher education and research institutions to businesses within New York

state including but not limited to patent applications, the creation of

business and marketing plans, venture capital conferences and

non-capital costs associated with the development of real property owned

by such institution of higher education or research institution for

research and development purposes. Funds awarded under the incentive

program shall not exceed fifty percent of the cost of the purpose for

which such funds shall be applied. The faculty development and

technology transfer advisory council, as established by subdivision

three-a of this section, shall review and recommend proposals submitted

for consideration pursuant to this subdivision. Preference shall be

given to proposals developed in coordination with a private or public

medical school located in the state.

6. A center for advanced technology development program is created

whereby funds shall be awarded to centers for advanced technology for

the purpose of enhancing and expanding the existing role of the center

in the area for which it is designated. Funds appropriated for the

development program shall be awarded to such centers for advanced

technology. Criteria for the issuance of awards shall be established by

the office and shall include but need not be limited to the economic

development potential of the research undertaken at such center for

advanced technology, funding leveraged from other sources including

private interests and the federal government, potential of revenues

accruing to the institution of higher education or research institution

from the licensing of the products of research conducted at such center

of advanced technology and the interaction of such center with private

industry.