§ 3102-A — Industrial technology extension service

§ 3102-a. Industrial technology extension service. 1. There is hereby\nestablished within the foundation an industrial technology extension\nservice program.\n 2. Definitions. For the purposes of this section, the terms:\n (a) "Industrial technology extension service" shall mean a network of\nregional organizations which provide technical and management assistance\nthrough field agents, as well as feasibility studies and productivity\nassessments by contract, to eligible businesses, especially small and\nmedium sized firms in New York state. Agents will assist firms in\nresearching, evaluating and implementing opportunities for technology\nand or management related productivity improvements.\n (b) "Director" shall mean the executive director of the New York State\nScience and Technology Foundation.\n (c) "Foundation" shall mean the New York State Science and Technology\nFoundation.\n (d) "Regional organization" shall mean a not-for-profit organization\nwhich contracts with the foundation to serve as the industrial\ntechnology extension service for the region within which it operates.\n (e) "Industrial firm" shall mean a firm involved with extracting,\nsmelting, recovering, developing, preparing, compounding, converting,\nassembling or producing in any manner, minerals, raw materials, products\nor substances of any kind or nature, and shall include facilities\nrelated thereto for storage, warehousing or distribution, for research\nand development or for the discovery of new, and refinement of known,\nsubstances, processes, and products.\n (f) "Medium-sized industrial firm" shall mean an industrial firm that\nemploys less than five hundred persons within the state on a full-time\nbasis.\n (g) "Small-sized industrial firm" shall mean an industrial firm that\nemploys one hundred or less persons within the state on a full-time\nbasis.\n 3. Purpose. The purposes of the industrial technology extension\nservice program shall be:\n (a) to improve the competitiveness and increase the market share of\nviable New York state industries and firms through increased knowledge\nof new technologies and other innovations;\n (b) to build a technology dissemination transfer and educational\nservice based on current research and development strengths in New York\nstate in the area of industrial technologies;\n (c) to assist industrial firms with the introduction of improved\nmanagement and production processes in order to enhance their\nproductivity and competitiveness;\n (d) to provide industrial effectiveness field services pursuant to\narticle seven of the economic development law; and\n (e) to assist in the retention and expansion of industrial firms and\nemployment in New York state.\n 4. Contracting process. The foundation shall, on an annual basis\ncontract with regional organizations to provide industrial technology\nextension services on a regional basis. Initial selection shall be based\non the foundation's assessment of the ability of the regional\norganization to meet the objectives specified in subdivision three of\nthis section, to conduct outreach services, to service the technical\nneeds of industrial firms in the region and to coordinate its activities\nwith other concerned organizations within a region. The director shall\nreview, on an annual basis, the performance of regional organizations\nwhich have been selected to provide services in meeting these\nrequirements and, upon completion of its review, the foundation shall\nmake a determination concerning the advisability of continuing to\ncontract with the regional organization based on the outcome of the\nreview. However, upon a finding by the board of the foundation, made\nupon a recommendation from the department of economic development and\nthe director of the foundation, that the purposes of this section would\nmore appropriately be served by an individual rather than an\norganization, the foundation shall contract with an individual pursuant\nto the provisions of this subdivision.\n 5. Responsibilities of field agents. Field agents shall:\n (a) Contact firms within the region and develop assessments of their\ntechnology related needs;\n (b) Assist firms in researching, evaluating and implementing\nopportunities for technology related productivity improvements;\n (c) Where appropriate, recommend to the department of economic\ndevelopment that it make available productivity assessments and\nfeasibility studies through the industrial effectiveness program\npursuant to article seven of the economic development law to industrial\nfirms that have requested such assistance. The following factors shall\nbe considered in determining whether to recommend the provision of a\nproductivity assessment or feasibility study to an industrial firm: (i)\nthe potential viability of the company; (ii) the commitment of\nmanagement and labor to jointly participate in a\nproductivity-improvement program; and (iii) whether interests of the\nemployees of the firm are served by such assistance. The foundation\nshall, in cooperation with the department of economic development,\ndevelop procedures for such referrals;\n (d) Provide referrals to appropriate local, regional and state level\norganizations and programs which deliver services or provide information\nor assistance;\n (e) Provide information on state-sponsored programs offering financial\nor technical assistance to industrial firms and aid such firms in\napplying for assistance;\n (f) Identify public and private sources of expertise available to\nassess productivity problems of industrial firms;\n (g) Organize, promote and operate seminars and workshops addressing\nindustry technological needs, as well as, design and conduct seminars\nand workshops to inform industrial managers, union leaders, trade\nassociations, and other appropriate individuals and organizations, of\nindustrial productivity-improvement methods and approaches and to\ndemonstrate their successful adoption in similar firms;\n (h) Promote the services and assistance available under this section\nfor industrial firms, to such firms and to municipal officials and\nagencies, regional and local economic development entities, technology\ndevelopment organizations, trade associations, business and labor\norganizations and the appropriate entities; and\n (i) Coordinate industrial expansion and retention activities with the\nregional offices of the department of economic development pursuant to\narticle eleven of the economic development law and other activities with\nother state operated and supported business assistance programs.\n 6. Rules and regulations. The director shall promulgate rules and\nregulations for the operation of the industrial technology extension\nservice program.\n 7. Exemption from disclosure requirements. To the fullest extent\npermitted under subdivision two of section eighty-seven of the public\nofficers law, all information regarding the financial condition,\nmarketing plans, manufacturing processes, production costs, productivity\nrates, customer lists, or other trade secrets and proprietary\ninformation of a person or entity requesting assistance from the\nfoundation, which is submitted by such person or entity to the\nfoundation in connection with an application for assistance or with a\nproductivity assessment or feasibility study, shall be confidential and\nexempt from public disclosure.\n 8. Program plan. The foundation shall cooperate with the department of\neconomic development in preparation of a program plan pursuant to\nsubdivision nineteen of section one hundred of the economic development\nlaw.\n 9. Reporting. The director shall, on or before October first, nineteen\nhundred ninety-one and on or before each October first thereafter,\nsubmit a report to the governor and the legislature on the operation and\naccomplishments of the industrial technology extension service program.\n 10. For any positions opened as a result of a project conducted\npursuant to this section businesses so assisted shall first consider\npersons eligible to participate in federal job training partnership act\n(P.L. 97-300) programs who shall be referred to the business by\nadministrative entities of service delivery areas created pursuant to\nsuch act or by the job service division of the department of labor.\n 11. Evaluation. The director shall submit to the director of the\nbudget, the chairman of the senate finance committee and the chairman of\nthe assembly ways and means committee an evaluation of the success of\nthe industrial technology extension service program prepared by an\nentity independent of the foundation. Such evaluation shall include, but\nnot be limited to, determining whether the services provided have helped\nclient firms to improve their competitiveness or increase their market\nshare relative to other firms in the specific industry; and shall assess\nthe effect, if any, of the program on the continued location and growth\nof industrial firms within the state. Such evaluation shall be submitted\nby September first, nineteen hundred ninety-two and by September first\nevery two years thereafter.\n