N.Y. Executive Law § 209-r: Gen

§ 209-r. Gen*NY*sis program. 1. The Gen*NY*sis program is hereby

created to assist research and technology development programs in the

life sciences or in enabling sciences affiliated with public,

not-for-profit private or academic research institutions located within

New York state to develop and commercialize new discoveries for the

improvement of human, plant and animal health and to expand businesses

and employment in New York state.

2. Funds appropriated or transferred to the Gen*NY*sis program shall

be made available to project sponsors for the construction of life

sciences and/or enabling science facilities including, but not limited

to, equipment, laboratory facilities and laboratory equipment, incubator

facilities, manufacturing facilities, bioscience parks or any

combination thereof. Funds shall not be used for projects that are

already completed at the time of application.

3. Funding for each project shall be made available upon submission of

a Gen*NY*sis program and financing plan to the executive director and to

the director of the budget. Such program and financing plan shall be

prepared by the project sponsor and shall include, where applicable, a

description of the proposed project, a description of the consortium of

institutions/organizations involved including respective

responsibilities and contributions, the structure and governance of the

collaboration, efforts to obtain and administer corporate, federal

and/or foundation support, the scientific and technical quality of the

proposed research to be undertaken at such facility, the expected

increase in research activity in specified research areas derived from

such project, projections of discoveries from such research sponsor, and

an economic plan to further develop any discoveries from such project to

include the development of new businesses and jobs within New York state

or if such discovery is to be licensed to another entity, the terms

under which the project sponsor would undertake such licensing

agreements. The urban development corporation shall provide assistance

to the office, as requested by the executive director, with respect to

the evaluation of any economic plan or licensing terms.

4. Funding for each project shall not exceed seventy-five percent of

the cost of such project, provided that, in estimating the residual

percentage of funding, such funding provided by the project sponsor for

each project may include allocated funds (cash); in-kind personnel,

equipment or material donations; federal funds; significant financial

contributions to the project sponsor; university internal sources,

prorated operational costs; or any combinations thereof.

5. Project sponsors receiving awards pursuant to the Gen*NY*sis

program in an amount in excess of ten percent of the total cost of such

project as submitted in the program and financing plan pursuant to this

section shall, for a period not to exceed five years after the receipt

of such award, provide an annual report to the executive director, the

chairman of the senate finance committee and the chairman of the

assembly ways and means committee detailing the use of such award and

the progress of the project sponsor in meeting the criteria set forth in

paragraph three of this section as expressed in the program and

financing plan submitted for review to the executive director.

6. Notwithstanding any other law, rule or regulation to the contrary,

no more than three and one-half of one percent of any grant issued under

this program may be allocated to any grant recipient or to any

subsidiary or organization associated therewith for purposes which may

include, but not be limited to, any direct or indirect costs of

administering the program not contained in the application requesting

such funds, provided however, that no monies granted under the

Gen*NY*sis program may be used to supplant any direct or indirect costs

of the grant recipient.