§ 209-R — Gen

§ 209-r. Gen*NY*sis program. 1. The Gen*NY*sis program is hereby\ncreated to assist research and technology development programs in the\nlife sciences or in enabling sciences affiliated with public,\nnot-for-profit private or academic research institutions located within\nNew York state to develop and commercialize new discoveries for the\nimprovement of human, plant and animal health and to expand businesses\nand employment in New York state.\n 2. Funds appropriated or transferred to the Gen*NY*sis program shall\nbe made available to project sponsors for the construction of life\nsciences and/or enabling science facilities including, but not limited\nto, equipment, laboratory facilities and laboratory equipment, incubator\nfacilities, manufacturing facilities, bioscience parks or any\ncombination thereof. Funds shall not be used for projects that are\nalready completed at the time of application.\n 3. Funding for each project shall be made available upon submission of\na Gen*NY*sis program and financing plan to the executive director and to\nthe director of the budget. Such program and financing plan shall be\nprepared by the project sponsor and shall include, where applicable, a\ndescription of the proposed project, a description of the consortium of\ninstitutions/organizations involved including respective\nresponsibilities and contributions, the structure and governance of the\ncollaboration, efforts to obtain and administer corporate, federal\nand/or foundation support, the scientific and technical quality of the\nproposed research to be undertaken at such facility, the expected\nincrease in research activity in specified research areas derived from\nsuch project, projections of discoveries from such research sponsor, and\nan economic plan to further develop any discoveries from such project to\ninclude the development of new businesses and jobs within New York state\nor if such discovery is to be licensed to another entity, the terms\nunder which the project sponsor would undertake such licensing\nagreements. The urban development corporation shall provide assistance\nto the office, as requested by the executive director, with respect to\nthe evaluation of any economic plan or licensing terms.\n 4. Funding for each project shall not exceed seventy-five percent of\nthe cost of such project, provided that, in estimating the residual\npercentage of funding, such funding provided by the project sponsor for\neach project may include allocated funds (cash); in-kind personnel,\nequipment or material donations; federal funds; significant financial\ncontributions to the project sponsor; university internal sources,\nprorated operational costs; or any combinations thereof.\n 5. Project sponsors receiving awards pursuant to the Gen*NY*sis\nprogram in an amount in excess of ten percent of the total cost of such\nproject as submitted in the program and financing plan pursuant to this\nsection shall, for a period not to exceed five years after the receipt\nof such award, provide an annual report to the executive director, the\nchairman of the senate finance committee and the chairman of the\nassembly ways and means committee detailing the use of such award and\nthe progress of the project sponsor in meeting the criteria set forth in\nparagraph three of this section as expressed in the program and\nfinancing plan submitted for review to the executive director.\n 6. Notwithstanding any other law, rule or regulation to the contrary,\nno more than three and one-half of one percent of any grant issued under\nthis program may be allocated to any grant recipient or to any\nsubsidiary or organization associated therewith for purposes which may\ninclude, but not be limited to, any direct or indirect costs of\nadministering the program not contained in the application requesting\nsuch funds, provided however, that no monies granted under the\nGen*NY*sis program may be used to supplant any direct or indirect costs\nof the grant recipient.\n