§ 410 — Centers of excellence program

§ 410. Centers of excellence program. The centers of excellence\nprogram is hereby established for the purpose of fostering collaboration\nbetween the academic research community and the business sector to\ndevelop and commercialize new products and technologies, to promote\ncritical private sector investment in emerging high technology fields in\nNew York state, and to create and expand technology-related businesses\nand employment.\n 1. Such centers are designated to operate pursuant to section three of\npart T of chapter eighty-four of the laws of two thousand two in areas\nidentified by the department as having significant potential for\neconomic growth in New York, or in which the application of new\ntechnologies could significantly enhance the productivity and stability\nof New York businesses.\n 2. As a condition of receipt of support authorized pursuant to this\nsection, each center shall annually submit to the department a plan for\ncommercializing products or processes based on innovations developed at\ncenter facilities, and specifically such center's strategy for\ncommercializing such products or processes within New York state.\n 3. (a) From such funds as may be appropriated for this purpose by the\nlegislature, the department may provide financial support, through\ncontracts or other means, in order to enhance and accelerate center\noperations in joint university/industry research and development,\nproduct commercialization, and workforce training. Funds received\npursuant to this subdivision may be used for the employment of faculty\nand staff, provision of graduate fellowships, or other operating\nexpenses that are aligned with the center's commercialization strategy\nand approved by the department.\n (b) Funds shall be matched on a one to one basis by the institution\nreceiving the funds and collaborative partners in the form of cash or\nin-kind personnel, equipment, material donations, and other facility and\noperations expenditures.\n 4. (a) The commissioner shall, on or before February first, two\nthousand twelve and every year thereafter, submit to the governor, the\ntemporary president of the senate and the speaker of the assembly a\nreport on the operations and accomplishments of the centers of\nexcellence.\n (b) The annual report shall provide, but not be limited to, the\nfollowing information for each calendar year:\n (i) the purposes for which center facilities, equipment, and personnel\nwere utilized;\n (ii) a detailed operating budget, including the amount of state funds\nreceived, as well as identification of each source of federal, state,\nlocal or private funds, including in-kind contributions;\n (iii) an accounting of capital expenditures, identifying the amount of\nstate funds utilized, as well as each source of federal, state, local,\nor private funds, including in-kind contributions;\n (iv) a description of the governance structure of the center including\nthe respective roles of collaborating partners;\n (v) the economic impact of the activities undertaken with state funds,\nincluding such factors as jobs created and maintained; the number of\npatents awarded to the college or university or any private entity and\nassociated licensing revenues; and awards, designations and other\ntangible evidence of recognition; and the methodology utilized to\ndetermine such impact;\n (vi) the actual or anticipated new products and processes with\ncommercial application of importance to the industries in the state;\n (vii) a description of any relationships with secondary schools and\ncommunity colleges designed to foster student interest in scientific and\ntechnical careers; and\n (viii) a description of each research sponsorship agreement,\nintellectual property ownership agreement, intellectual property license\nagreement, or any other agreements entered into between the state funded\nresearch institutions and each research partner.\n 5. The commissioner shall, on or before February first, two thousand\ntwelve and every year thereafter, submit to the governor, the temporary\npresident of the senate and the speaker of the assembly an overall\nstrategic plan for the centers of excellence program.\n (a) The plan shall include the broad focus and mission of the center\nand the strategies used to determine that focus including but not\nlimited to collaboration with local and regional economic development\nentities to determine current and emerging high-tech industry clusters.\n (b) Such plan shall also include the metrics that will be used to\ndetermine whether and to what degree each center is maintaining its\nfocus and fulfilling its mission.\n (c) The plan shall be assessed by the governing board of the center\nand revised annually as appropriate. Any revisions shall be submitted to\nthe department for approval.\n