N.Y. Public Authorities Law § 3154: Regional partnership program

§ 3154. Regional partnership program. 1. Establishment and purpose.

There is established a program in the foundation to be known as the

regional partnership program. The program shall provide regional

economic assistance to certified partnerships for the purpose of

carrying out the purposes pursuant to this section and section

thirty-one hundred fifty-three of this title.

2. Duties of regional partnerships. The regional partnerships shall

work individually and in coordination with the technology development

organizations established pursuant to section thirty-one hundred two-d

of this article, and with other partnerships to advance economic growth

and business creation and expansion in the state. The program shall

provide regional economic assistance to certified partnerships for the

purpose of carrying out the purposes pursuant to this section and

section thirty-one hundred fifty-three of this title.

3. Certification. (a) Partnerships shall be comprised of local

economic development organizations and, to the extent they are present

in the region, centers of excellence as defined by section three of part

T of chapter eighty-four of the laws of two thousand two or in the

absence of such center in the region, at least one institution of higher

education involved in commercialization efforts similar to such centers

of excellence. To obtain certification for the purposes of carrying out

the programs of the foundation, regional partnerships shall include

broad representation of the economic development and innovation

community in the region, including but not limited to, community

colleges, university or nonprofit research institutions, private

industry representatives, commercial lending institutions, venture

capital firms and workforce development organizations. Before any

partnership is certified by the foundation, the foundation shall approve

written guidelines for the program and shall provide a copy of the

guidelines to the temporary president of the senate and the speaker of

the assembly.

(b) Within thirty days of the appointment of the majority of the

thirteen voting members of the board, the board shall identify and

review the necessary criteria that shall be demonstrated for a

partnership to successfully fulfill the duties specified in subdivision

six of this section.

(c) Within thirty days following the foundation's identification of

criteria for partnerships, a comprehensive request for proposals for

each of the economic development regions of the state shall be issued by

the foundation that incorporates such criteria and may request any and

all information deemed necessary by the foundation to certify the

partnerships.

(d) The foundation shall have ninety days to conduct a comprehensive

review of all proposed plans and partnerships. After such review, the

foundation shall select and certify regional partnerships and approve

plans by a two-thirds majority vote of the board.

(e) The foundation shall certify one partnership to represent each of

ten economic development regions established by the New York state

department of economic development pursuant to section two hundred

thirty of the economic development law. The foundation shall certify a

regional partnership that meets the criteria and the requirements as set

forth in subdivision four of this section, provided that there is a

regional partnership that represents each region specified in this

section, provided further that the foundation determines that an

application has been received from each region that is sufficient to

accomplish the purposes of this section.

(f) The foundation shall modify or revoke a partnership's

certification consistent with the regulations, policies and guidelines

of the foundation. The foundation may change the number of regions or

regional boundaries with a two-thirds majority vote of the board.

(g) The length of certification for each such partnership, subject to

the foundation's authority to revoke or modify a partner's

certification, shall be for a period of five years, beginning no later

than March thirty-first, two thousand six.

4. Application. A partnership may apply to the foundation to be

certified as a regional partnership. Each partnership shall have sixty

days to prepare and submit an application prepared by the foundation

from the date of the issuance of such request for proposals. All

applications must be on the form required by the foundation and include

and demonstrate all of the following:

(a) the coordinator's name and address;

(b) a statement that the applicant is a partnership and the identity

of its members;

(c) a copy of a written strategic plan adopted by the partnership

describing the targeted industry segments which the partnership shall

foster;

(d) a formal statement of cooperation from each partner confirming the

contributions, financial and other, and responsibilities of each member;

(e) identification of programs and funds which are appropriate to the

implementation of its regional strategy;

(f) identification of the efforts to leverage other sources of public

and private funding in its proposal;

(g) identification of the level of financial expertise of the

partnerships;

(h) an organizational chart;

(i) identification of the resources of the partnership;

(j) a comprehensive plan for its strategy to promote program

implementation within the designated geographic region; and

(k) any other information required by the foundation.

5. Review and designation. The foundation shall review the

applications. Upon being satisfied that all requirements have been met,

the foundation may approve an application. If the foundation approves an

application, the foundation shall accept the organization designated as

the coordinator for the regional partnership programs.

6. Continuation of certification. To continue to be certified, a

partnership shall perform the following duties which shall include, but

not be limited to:

(a) Serve as a regional partner in identifying, developing, adapting

and implementing advanced technologies and innovative strategies to

enable the growth and competitiveness of existing and emerging companies

through process improvement, technology development, commercialization

and production.

(b) Promote collaborations, programs and initiatives by and among the

foundation, technology enterprises, economic development organizations,

the corporate community, academic research institutions, government,

workforce development organizations and other interests working

collectively to advance economic growth, including activities to ensure

the availability of venture capital within the region including contract

services in conjunction with the foundation pursuant to section

thirty-one hundred fifty-two of this title. Each partnership should

stress the use of information technology as a necessary means to link

such entities together in a cohesive and effective manner.

(c) Provide and serve as a conduit to, capital for existing and

emerging companies involved in the development, commercialization, and

production of innovative products and processes.

(d) Develop and provide support to business incubation facilities and

encourage the development of technology business in or near research

academic institutions.

(e) Each partnership shall encourage business mentoring opportunities,

to emerging companies in order to provide resources and industry

knowledge to create opportunities for growth.

7. Certification review. Not less than one hundred eighty days prior

to the expiration of a partnership's certification the foundation board

shall conduct a comprehensive review of the partnership's performance

over the entire period of time for which the partnership was certified

as such by the foundation. The review shall primarily be based on those

annual reviews conducted by the foundation as authorized by this

subdivision. Should the foundation deem the partnership's performance to

be satisfactory it shall, by two-thirds vote of the thirteen voting

members of the state board, re-certify the regional partnership as a

regional partnership for a period of five years, provided such period

begin on the day that the previous certification has expired. Provided,

however, should the foundation board rule that a partnership's

performance has not been satisfactory, or if two-thirds of the voting

members of the foundation board do not support such partnership's

re-certification, the foundation board shall issue a new request for

proposals for a new regional partnership provided that such request for

proposals shall be issued no later than thirty days after the foundation

board declined to re-certify the partnership. Those partnerships that

choose to submit an application for certification as a new regional

partnership in response to the request for proposals issued by the

foundation board shall have sixty days to prepare and submit an

application from the date of the issuance of such request for proposals.

The foundation board shall have forty-five days to conduct a

comprehensive review of all applications for certification as a regional

partnership. After a review of the applications, the foundation board

shall select and certify a new partnership for all those regions for

which a new request for proposals were issued.

8. Regional coordinator. Each partnership shall designate from its

members a single, non-profit organization to coordinate program

development and implementation, and to act as administrative entity for

the partnership programs. Such non-profit organization, or its staff,

shall have demonstrated experience with state and federal contracting

procedures.

9. Records. Upon request, a partnership must authorize employees or

agents of the foundation to inspect its books and records during regular

business hours.

10. Foundation fund. (a) Establish fund and programs. There is hereby

created a fund within the foundation to be known as the foundation fund

for the purposes of: (i) providing financial assistance in the form of

grants, loans, equity investments or a combination thereof to companies

for purposes which may include, but not be limited to, commercialization

of innovative products and processes for emerging technology sectors,

including biotechnology, nanotechnology, bioinformatics, software

design, innovative energy efficiencies and environmental technologies

and other technologies; (ii) providing financial assistance in the form

of grants, loans or a combination thereof to small emerging companies

for the purposes of: (A) offsetting the small emerging companies' costs

associated with accessing advanced telecommunications services and

technologies, provided, however, that such small emerging companies or

their affiliates shall not be in the business of offering

telecommunications services and technologies; (B) offsetting the small

emerging companies' costs associated with implementing energy efficiency

or pollution prevention projects; (iii) providing grants to facilities

that are equipped with high-technology resources appropriate to

different technology sectors, including biotechnology, nanotechnology,

bioinformatics, software design, innovative energy and environmental

technologies and other advanced technologies, for lab-based

commercialization enhancement and pre-venture product and business

development and working capital support, such as to various sectors

particularly those that partner with university based research

institutions; and (iv) providing financial assistance in the form of

grants, loans or a combination thereof to businesses and facility

projects that incorporate innovative products and processes into

traditional economic activities, including but not limited to

agriculture, manufacturing, services and tourism. A certified

partnership shall be eligible to apply for assistance under any of the

programs established in this section.

(b) Programs. (i) The technology enhancement program will provide

grants for lab-based commercialization enhancement and pre-venture

product and business development.

(ii) The innovation investment program shall provide financing to

facilities for early-stage companies or companies that demonstrate a

high potential for growth and innovation, as defined and specified by

the foundation. Innovation investment fund awards may take the form of

grants, equity investments, or loans or a combination thereof, provided

that the fund serves to promote the growth of small technology-intensive

or otherwise innovative businesses in the state of New York. Innovation

investment fund grants, equity investments or loans shall be in amounts

equal to or greater than twenty-five thousand dollars but shall not

exceed two hundred fifty thousand dollars.

(iii) The emerging investment program shall take the form of grants,

equity investments, or loans or a combination thereof, to businesses in

the stage of product development, as defined and specified by the

foundation. Emerging investment fund investments or loans shall be

greater than two hundred fifty thousand dollars but shall not exceed

seven hundred fifty thousand dollars. Businesses eligible to receive

investments from the emerging investment fund shall meet such targets

pursuant to foundation guidelines that demonstrate sufficient potential

to bring a technology-intensive or otherwise innovative product or

process to market and become a profitable employer located in the state

of New York.

(iv) The business acceleration program shall provide financing in the

form of grants, equity investments, or loans or a combination thereof,

to revenue-generating technology-intensive or otherwise innovative

businesses, as defined and specified by the foundation, in order to

accelerate their expansion towards profitability. Business acceleration

fund grants, equity investments or loans shall be greater than seven

hundred fifty thousand dollars but shall not exceed one million dollars.

Eligible businesses shall demonstrate, pursuant to foundation

guidelines, their ability to become profitable and expand their

employment in the state of New York.

(v) The New York Phase I federal small business innovation research

program may award grants to recipients conducting research that may

result in the development of an innovative technology having the

potential to lead to the commercialization or fabrication within New

York of new or improved products, processes, or services for the

continuation of such research under the contract awarded by the federal

agency not to exceed the amount of the federal award or fifty thousand

dollars, whichever is less.

(c) The community colleges/academic research institutions curriculum

alignment program which shall provide assistance for alignment of SUNY

and CUNY community colleges with high-technology industry clusters and

academic research institutions through the development of specialized

curricula which meets the needs of emerging businesses for technical and

other skilled workers.

(d) The New York Science, Technology, Engineering and Math (STEM)

program may foster student interest in scientific and technical careers

and may include support for summer science and math camps, internships

and mentoring opportunities, and support opportunities for professional

development for teachers in the areas of science, mathematics, and

engineering.

(e) The management and technical assistance program may provide

support for regional activities which include industry associations,

angel investor networks, entrepreneurial networks, regional business

plan competitions and other related activities.

(f) The manufacturing assistance program may provide support for

flexible manufacturing networks, niche market development, productivity

and energy efficiency assessments and skills training.

(g) The regional marketing and export assistance program may provide

support for regional activities including marketing cooperatives and

branding initiatives.

11. Reporting requirements. Each partnership shall annually submit the

following information to the foundation and to the temporary president

of the senate and the speaker of the assembly:

(a) the designated coordinator's current contact information;

(b) a copy of the regional partnerships' current statement of

cooperation that defines roles, responsibilities, contributions,

financial and otherwise, of the partnerships;

(c) a list of the partnership's current officers and directors;

(d) an independent audit covering all funds received from the state;

(e) upon request, an independent audit covering all funds received and

activities supported by non-state sources; and

(f) all other information that the foundation may require.

12. Urban development corporation proposals. (a) Upon certification

pursuant to subdivision three of this section, each regional partnership

may submit to the urban development corporation a proposal on how the

regional partnership shall provide economic development assistance,

pursuant to sections sixteen-h and sixteen-m of section one of the New

York state urban development corporation act.