§ 3102-B — Centers for advanced technology

§ 3102-b. Centers for advanced technology. In order to encourage\ngreater collaboration between private industry and the universities of\nthe state in the development and application of new technologies, the\nfoundation is authorized to designate for advanced technology such areas\nas integrated electronics, optics, biotechnology, telecommunications,\nautomation and robotics, electronics packaging, imaging technology and\nothers identified by the foundation 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. Such designations shall be made in accordance\nwith the standards and criteria set forth in subdivision two of this\nsection. Centers so designated shall be eligible for support from the\nfoundation in the manner provided for in subdivision three of this\nsection, and for such additional support as may otherwise be provided by\nlaw.\n 1. As used in this section:\n (a) "center for advanced technology" or "center" means a university or\nuniversity-affiliated research institute or a consortium of such\ninstitutions, designated by the foundation, which conducts a continuing\nprogram of basic and applied research, development, and technology\ncommercialization in one or more technological areas, in collaboration\nwith and through the support of private business and industry; and\n (b) "applicant" means a university or university-affiliated research\ninstitute or a consortium of such institutions which request designation\nas a center in accordance with such requirements as are established by\nthe foundation for this purpose.\n 2. The foundation shall:\n (a) identify technological areas for which centers should be\ndesignated including technological areas that are related to industries\nwith significant potential for economic growth and development in New\nYork state and technological areas that are related to the enhancement\nof productivity in various industries located in New York state.\n (b) establish criteria that applicants must satisfy for designation as\na center, including, but not limited to the following:\n (i) an established record of research, development and instruction in\nthe area or areas of technology involved;\n (ii) the capacity to conduct research and development activities in\ncollaboration with business and industry;\n (iii) the capacity to secure substantial private and other\ngovernmental funding for the proposed center, in amounts at least equal\nto the total of support sought from the state;\n (iv) the ability and willingness to cooperate with other institutions\nin the state in conducting research and development activities, and in\ndisseminating research results; and to work with technical and community\ncolleges in the state to enhance the quality of technical education in\nthe area or areas of technology involved;\n (v) the ability and willingness to cooperate with the foundation and\nother economic development agencies in promoting the growth and\ndevelopment in New York state of industries based upon or benefiting\nfrom the area or areas of technology involved.\n (c) establish such requirements as it deems appropriate for the\nformat, content and filing of applications for designation as centers\nfor advanced technology.\n (d) establish such procedures as it deems appropriate for the\nevaluation of applications for designation as centers for advanced\ntechnology, including the establishment of peer review panels composed\nof nationally recognized experts in the technological areas and\nindustries to which the application is related.\n 3. (a) From such funds as may be appropriated for this purpose by the\nlegislature, the foundation may provide financial support, through\ncontracts or other means, to designated centers for advanced technology,\nin order to enhance and accelerate the development of such centers.\nFunds received pursuant to this subdivision may be used for purchase of\nequipment and fixtures, employment of faculty and support staff,\nprovision of graduate fellowships, and other purposes approved by the\nfoundation, but may not be used for capital construction. In each case,\nthe amount provided by the foundation to a center shall be matched by\ncommitments of support from private and governmental other than state\nsources provided that:\n (i) funds or in-kind resources provided by the public or private\nuniversity of which the center is a part may be counted towards the\nmatch;\n (ii) such match shall not be required on a project-by-project basis;\n (iii) matching funds received from businesses with no more than one\nhundred employees shall count as double the actual dollar amount toward\nthe center's overall match requirement;\n (iv) funds used by the center for any workforce development activities\nrequired by the foundation shall not be included as part of the center's\naward when determining the amount of matching funds required by the\nfoundation. Such activities shall include, but are not limited to,\nhelping incumbent workers expand their skill sets through short courses,\nseminars, and workshops; providing industry-driven research assistant\nopportunities for students, and aiding in the development of\nundergraduate and graduate courses in the center's technology focus to\nhelp ensure that students are trained to meet the needs of industry;\n (v) centers may use not more then twenty-five percent of indirect\ncosts towards any match requirements.\n (b) The amount provided by the foundation shall be made in accordance\nwith the following:\n (i) for the academic year in which it is first funded as a designated\ncenter, and the five subsequent years, the amount provided by the\nfoundation to a center shall be matched equally by the center;\n (ii) beginning in the sixth academic year following the academic year\nin which a center is first funded as a designated center and for each\nacademic year thereafter, amounts provided by the foundation of up to\nseven hundred fifty thousand dollars shall be matched equally by the\ncenter, amounts in excess of seven hundred fifty thousand dollars shall\nbe matched by the center in amounts of at least the percentage set forth\nherein: in the sixth year, one hundred twenty percent; in the seventh\nyear, one hundred forty percent; in the eighth year, one hundred sixty\npercent; in the ninth year, one hundred eighty percent; in the tenth\nyear and each year thereafter, two hundred percent;\n (iii) beginning in the ninth academic year following the academic year\nin which a center is first funded as a designated center, the foundation\nshall evaluate such center's area of advanced technology to determine\nwhether it has continued significant potential for enhancing economic\ngrowth in New York, or whether the application of technologies in the\narea could significantly enhance the productivity and stability of New\nYork businesses;\n (iv) upon a finding by the foundation that an area of advanced\ntechnology has continued significant potential for enhancing economic\ngrowth in New York, or that the application of technologies in the area\ncould significantly enhance the productivity and stability of New York\nbusinesses, the foundation will initiate a redesignation process in\naccordance with the standards and criteria set forth in paragraph (b) of\nsubdivision two and in accordance with paragraphs (c) and (d) of\nsubdivision two of this section.\n (1) In the event a new center is selected in the redesignation\nprocess, the foundation shall provide funds to such new center in\naccordance with the funding match requirements set forth in\nsubparagraphs (i) and (ii) of paragraph (a) of this subdivision.\n (2) In the event a previously designated center is redesignated in the\nsame area of technology, which redesignation is effective for the tenth\nacademic year following the first academic year of both designation and\nfunding, then, in that year and in each year thereafter, the foundation\nshall provide funds of up to seven hundred fifty thousand dollars to be\nmatched equally by the center, amounts in excess of seven hundred fifty\nthousand dollars shall be matched by the center in amounts of at least\ntwo hundred percent.\n (3) In the event a currently designated center is not selected in the\nredesignation process for an additional term, or upon a finding by the\nfoundation that the area of advanced technology does not have\nsignificant potential for enhancing economic growth in New York, or upon\na finding that the application of technologies in that area would not\nsignificantly enhance the productivity and stability of New York\nbusinesses, then the foundation shall, in the tenth academic year\nfollowing such center's first both designation and funding, which year\nshall be the final year of funding for such center, provide an amount of\nup to five hundred thousand dollars.\n (c) Continued funding of the operations of each center shall be based\nupon a showing that: the center continues to comply with the criteria\nestablished by the foundation pursuant to paragraph (b) of subdivision\ntwo of this section; a demonstration of assistance to small businesses\nin New York state through research, technology transfer or other means\nas approved by the foundation; evidence of partnerships with other\nappropriate entities to develop outreach networks and ensure that\ncompanies receive access to appropriate federal funding for technology\ndevelopment and commercialization as well as non-research assistance\nsuch as general business consulting. Appropriate partners are those with\nwhich the center demonstrates a relationship that enhances and advances\nthe center's ability to aid economic growth in New York state; and\ncompliance with the rules, regulations and guidelines of the foundation;\nand, compliance with any contracts between the foundation and the\ndesignated center.\n (d) Each center shall report on its activities to the foundation in a\nmanner and according to the schedule established by the foundation, and\nshall provide such additional information as the foundation may require\nprovided, that quantifiable economic development impact measures are not\nrestricted to any period less than five years and that centers provide a\nfull description of all non-quantifiable measures. The foundation shall\nevaluate center operations using methods such as site visits, reporting\nof specified information and peer review evaluations using experts in\nthe field of technology in which the center was designated. The\nfoundation shall notify each center of the results of its evaluations\nand findings of deficiencies in the operation of such center or its\nresearch, education, or technology commercialization activities and\nshall work with such centers to remedy such findings. If such factors\nare not remedied, the foundation may withdraw the state funding support,\nin whole or in part, or withdraw the center designation.\n (e) In order to encourage that the results of center research benefit\nNew York state, designation and continued funding of each center shall\nbe contingent upon each center's establishing within its licensing\nguidelines the following: after payment of the inventor's share, a\nreduced payment due to the university of any royalty, income or other\nconsideration earned from the license or sale of intellectual property\nrights created or developed at, or through the use of, the facilities of\nthe center by any person or entity if the manufacturing or use resulting\nfrom such intellectual property rights occurs within New York state. The\nfoundation shall promulgate rules and regulations regarding the\nprovisions of the licensing guidelines described herein as they apply to\nsuch reduced payment, and such provisions shall be subject to the\napproval of the foundation.\n 4. From such funds as may be appropriated for this purpose by the\nlegislature, the foundation may provide grants to any one university or\nuniversity-affiliated research institution for purposes of planning and\nprogram development aimed at enabling such university or\nuniversity-affiliated research institution to qualify for designation as\na center. Such grants shall be awarded on a competitive basis, and shall\nbe available only to those applicants which in the judgment of the\nfoundation may reasonably be expected to be designated as centers. No\napplicant shall receive more than one such grant.\n 5. (a) From such funds as may be appropriated for the purpose of\nincentive grants or other funds which may be available from the\nfoundation to enhance center activities in areas of crucial interest in\nthe state's economic development, the foundation may provide grants, on\na competitive basis, to centers for projects including, but not limited\nto, those which:\n (i) explore new technologies with commercial application conducted\njointly by two or more centers or a center and non-center university,\ncollege or community college;\n (ii) are aimed at enhancing or accelerating the process of bringing\nnew products, particularly those under development by new small\nbusinesses, to the marketplace; or\n (iii) increase technology transfer projects with the state's mature\nmanufacturing industries in applying technology in their manufacturing\nprocesses or for new product development.\n (b) State support for incentive grants may be matched on an individual\nbasis by the foundation, which may consider the type of project and the\navailability of amounts from private, university and governmental, other\nthan state, sources.\n 6. (a) The foundation shall make an annual report of the centers for\nadvanced technology program to the governor and the legislature not\nlater than September first of each year. Such report shall include, but\nnot be limited to, the results of the foundation's evaluation of each\ncenter, a description of the achievement of each center, any\ndeficiencies in the operation of each center or its research, education\nand technology commercialization activities, remedial actions\nrecommended by the foundation, remedial actions taken by each center, a\ndescription of the small business assistance provided by each center, a\ndescription of any incentive grant program awarded a grant by the\nfoundation and the achievements of such program, and the amount of\nfinancial assistance provided by the foundation and the level of\nmatching funds provided by each center and the uses of such monies.\n (b) Annual reports shall include a discussion of any fields of\ntechnology that the foundation has identified as having significant\npotential for economic growth or improved productivity and stability of\nNew York businesses and in which no center for advanced technology has\nbeen designated and recommendations of the foundation as to actions that\nshould be taken.\n