N.Y. Public Authorities Law § 3102-a: Industrial technology extension service

§ 3102-a. Industrial technology extension service. 1. There is hereby

established within the foundation an industrial technology extension

service program.

2. Definitions. For the purposes of this section, the terms:

(a) "Industrial technology extension service" shall mean a network of

regional organizations which provide technical and management assistance

through field agents, as well as feasibility studies and productivity

assessments by contract, to eligible businesses, especially small and

medium sized firms in New York state. Agents will assist firms in

researching, evaluating and implementing opportunities for technology

and or management related productivity improvements.

(b) "Director" shall mean the executive director of the New York State

Science and Technology Foundation.

(c) "Foundation" shall mean the New York State Science and Technology

Foundation.

(d) "Regional organization" shall mean a not-for-profit organization

which contracts with the foundation to serve as the industrial

technology extension service for the region within which it operates.

(e) "Industrial firm" shall mean a firm involved with extracting,

smelting, recovering, developing, preparing, compounding, converting,

assembling or producing in any manner, minerals, raw materials, products

or substances of any kind or nature, and shall include facilities

related thereto for storage, warehousing or distribution, for research

and development or for the discovery of new, and refinement of known,

substances, processes, and products.

(f) "Medium-sized industrial firm" shall mean an industrial firm that

employs less than five hundred persons within the state on a full-time

basis.

(g) "Small-sized industrial firm" shall mean an industrial firm that

employs one hundred or less persons within the state on a full-time

basis.

3. Purpose. The purposes of the industrial technology extension

service program shall be:

(a) to improve the competitiveness and increase the market share of

viable New York state industries and firms through increased knowledge

of new technologies and other innovations;

(b) to build a technology dissemination transfer and educational

service based on current research and development strengths in New York

state in the area of industrial technologies;

(c) to assist industrial firms with the introduction of improved

management and production processes in order to enhance their

productivity and competitiveness;

(d) to provide industrial effectiveness field services pursuant to

article seven of the economic development law; and

(e) to assist in the retention and expansion of industrial firms and

employment in New York state.

4. Contracting process. The foundation shall, on an annual basis

contract with regional organizations to provide industrial technology

extension services on a regional basis. Initial selection shall be based

on the foundation's assessment of the ability of the regional

organization to meet the objectives specified in subdivision three of

this section, to conduct outreach services, to service the technical

needs of industrial firms in the region and to coordinate its activities

with other concerned organizations within a region. The director shall

review, on an annual basis, the performance of regional organizations

which have been selected to provide services in meeting these

requirements and, upon completion of its review, the foundation shall

make a determination concerning the advisability of continuing to

contract with the regional organization based on the outcome of the

review. However, upon a finding by the board of the foundation, made

upon a recommendation from the department of economic development and

the director of the foundation, that the purposes of this section would

more appropriately be served by an individual rather than an

organization, the foundation shall contract with an individual pursuant

to the provisions of this subdivision.

5. Responsibilities of field agents. Field agents shall:

(a) Contact firms within the region and develop assessments of their

technology related needs;

(b) Assist firms in researching, evaluating and implementing

opportunities for technology related productivity improvements;

(c) Where appropriate, recommend to the department of economic

development that it make available productivity assessments and

feasibility studies through the industrial effectiveness program

pursuant to article seven of the economic development law to industrial

firms that have requested such assistance. The following factors shall

be considered in determining whether to recommend the provision of a

productivity assessment or feasibility study to an industrial firm: (i)

the potential viability of the company; (ii) the commitment of

management and labor to jointly participate in a

productivity-improvement program; and (iii) whether interests of the

employees of the firm are served by such assistance. The foundation

shall, in cooperation with the department of economic development,

develop procedures for such referrals;

(d) Provide referrals to appropriate local, regional and state level

organizations and programs which deliver services or provide information

or assistance;

(e) Provide information on state-sponsored programs offering financial

or technical assistance to industrial firms and aid such firms in

applying for assistance;

(f) Identify public and private sources of expertise available to

assess productivity problems of industrial firms;

(g) Organize, promote and operate seminars and workshops addressing

industry technological needs, as well as, design and conduct seminars

and workshops to inform industrial managers, union leaders, trade

associations, and other appropriate individuals and organizations, of

industrial productivity-improvement methods and approaches and to

demonstrate their successful adoption in similar firms;

(h) Promote the services and assistance available under this section

for industrial firms, to such firms and to municipal officials and

agencies, regional and local economic development entities, technology

development organizations, trade associations, business and labor

organizations and the appropriate entities; and

(i) Coordinate industrial expansion and retention activities with the

regional offices of the department of economic development pursuant to

article eleven of the economic development law and other activities with

other state operated and supported business assistance programs.

6. Rules and regulations. The director shall promulgate rules and

regulations for the operation of the industrial technology extension

service program.

7. Exemption from disclosure requirements. To the fullest extent

permitted under subdivision two of section eighty-seven of the public

officers law, all information regarding the financial condition,

marketing plans, manufacturing processes, production costs, productivity

rates, customer lists, or other trade secrets and proprietary

information of a person or entity requesting assistance from the

foundation, which is submitted by such person or entity to the

foundation in connection with an application for assistance or with a

productivity assessment or feasibility study, shall be confidential and

exempt from public disclosure.

8. Program plan. The foundation shall cooperate with the department of

economic development in preparation of a program plan pursuant to

subdivision nineteen of section one hundred of the economic development

law.

9. Reporting. The director shall, on or before October first, nineteen

hundred ninety-one and on or before each October first thereafter,

submit a report to the governor and the legislature on the operation and

accomplishments of the industrial technology extension service program.

10. For any positions opened as a result of a project conducted

pursuant to this section businesses so assisted shall first consider

persons eligible to participate in federal job training partnership act

(P.L. 97-300) programs who shall be referred to the business by

administrative entities of service delivery areas created pursuant to

such act or by the job service division of the department of labor.

11. Evaluation. The director shall submit to the director of the

budget, the chairman of the senate finance committee and the chairman of

the assembly ways and means committee an evaluation of the success of

the industrial technology extension service program prepared by an

entity independent of the foundation. Such evaluation shall include, but

not be limited to, determining whether the services provided have helped

client firms to improve their competitiveness or increase their market

share relative to other firms in the specific industry; and shall assess

the effect, if any, of the program on the continued location and growth

of industrial firms within the state. Such evaluation shall be submitted

by September first, nineteen hundred ninety-two and by September first

every two years thereafter.