§ 3154 — Regional partnership program

§ 3154. Regional partnership program. 1. Establishment and purpose.\nThere is established a program in the foundation to be known as the\nregional partnership program. The program shall provide regional\neconomic assistance to certified partnerships for the purpose of\ncarrying out the purposes pursuant to this section and section\nthirty-one hundred fifty-three of this title.\n 2. Duties of regional partnerships. The regional partnerships shall\nwork individually and in coordination with the technology development\norganizations established pursuant to section thirty-one hundred two-d\nof this article, and with other partnerships to advance economic growth\nand business creation and expansion in the state. The program shall\nprovide regional economic assistance to certified partnerships for the\npurpose of carrying out the purposes pursuant to this section and\nsection thirty-one hundred fifty-three of this title.\n 3. Certification. (a) Partnerships shall be comprised of local\neconomic development organizations and, to the extent they are present\nin the region, centers of excellence as defined by section three of part\nT of chapter eighty-four of the laws of two thousand two or in the\nabsence of such center in the region, at least one institution of higher\neducation involved in commercialization efforts similar to such centers\nof excellence. To obtain certification for the purposes of carrying out\nthe programs of the foundation, regional partnerships shall include\nbroad representation of the economic development and innovation\ncommunity in the region, including but not limited to, community\ncolleges, university or nonprofit research institutions, private\nindustry representatives, commercial lending institutions, venture\ncapital firms and workforce development organizations. Before any\npartnership is certified by the foundation, the foundation shall approve\nwritten guidelines for the program and shall provide a copy of the\nguidelines to the temporary president of the senate and the speaker of\nthe assembly.\n (b) Within thirty days of the appointment of the majority of the\nthirteen voting members of the board, the board shall identify and\nreview the necessary criteria that shall be demonstrated for a\npartnership to successfully fulfill the duties specified in subdivision\nsix of this section.\n (c) Within thirty days following the foundation's identification of\ncriteria for partnerships, a comprehensive request for proposals for\neach of the economic development regions of the state shall be issued by\nthe foundation that incorporates such criteria and may request any and\nall information deemed necessary by the foundation to certify the\npartnerships.\n (d) The foundation shall have ninety days to conduct a comprehensive\nreview of all proposed plans and partnerships. After such review, the\nfoundation shall select and certify regional partnerships and approve\nplans by a two-thirds majority vote of the board.\n (e) The foundation shall certify one partnership to represent each of\nten economic development regions established by the New York state\ndepartment of economic development pursuant to section two hundred\nthirty of the economic development law. The foundation shall certify a\nregional partnership that meets the criteria and the requirements as set\nforth in subdivision four of this section, provided that there is a\nregional partnership that represents each region specified in this\nsection, provided further that the foundation determines that an\napplication has been received from each region that is sufficient to\naccomplish the purposes of this section.\n (f) The foundation shall modify or revoke a partnership's\ncertification consistent with the regulations, policies and guidelines\nof the foundation. The foundation may change the number of regions or\nregional boundaries with a two-thirds majority vote of the board.\n (g) The length of certification for each such partnership, subject to\nthe foundation's authority to revoke or modify a partner's\ncertification, shall be for a period of five years, beginning no later\nthan March thirty-first, two thousand six.\n 4. Application. A partnership may apply to the foundation to be\ncertified as a regional partnership. Each partnership shall have sixty\ndays to prepare and submit an application prepared by the foundation\nfrom the date of the issuance of such request for proposals. All\napplications must be on the form required by the foundation and include\nand demonstrate all of the following:\n (a) the coordinator's name and address;\n (b) a statement that the applicant is a partnership and the identity\nof its members;\n (c) a copy of a written strategic plan adopted by the partnership\ndescribing the targeted industry segments which the partnership shall\nfoster;\n (d) a formal statement of cooperation from each partner confirming the\ncontributions, financial and other, and responsibilities of each member;\n (e) identification of programs and funds which are appropriate to the\nimplementation of its regional strategy;\n (f) identification of the efforts to leverage other sources of public\nand private funding in its proposal;\n (g) identification of the level of financial expertise of the\npartnerships;\n (h) an organizational chart;\n (i) identification of the resources of the partnership;\n (j) a comprehensive plan for its strategy to promote program\nimplementation within the designated geographic region; and\n (k) any other information required by the foundation.\n 5. Review and designation. The foundation shall review the\napplications. Upon being satisfied that all requirements have been met,\nthe foundation may approve an application. If the foundation approves an\napplication, the foundation shall accept the organization designated as\nthe coordinator for the regional partnership programs.\n 6. Continuation of certification. To continue to be certified, a\npartnership shall perform the following duties which shall include, but\nnot be limited to:\n (a) Serve as a regional partner in identifying, developing, adapting\nand implementing advanced technologies and innovative strategies to\nenable the growth and competitiveness of existing and emerging companies\nthrough process improvement, technology development, commercialization\nand production.\n (b) Promote collaborations, programs and initiatives by and among the\nfoundation, technology enterprises, economic development organizations,\nthe corporate community, academic research institutions, government,\nworkforce development organizations and other interests working\ncollectively to advance economic growth, including activities to ensure\nthe availability of venture capital within the region including contract\nservices in conjunction with the foundation pursuant to section\nthirty-one hundred fifty-two of this title. Each partnership should\nstress the use of information technology as a necessary means to link\nsuch entities together in a cohesive and effective manner.\n (c) Provide and serve as a conduit to, capital for existing and\nemerging companies involved in the development, commercialization, and\nproduction of innovative products and processes.\n (d) Develop and provide support to business incubation facilities and\nencourage the development of technology business in or near research\nacademic institutions.\n (e) Each partnership shall encourage business mentoring opportunities,\nto emerging companies in order to provide resources and industry\nknowledge to create opportunities for growth.\n 7. Certification review. Not less than one hundred eighty days prior\nto the expiration of a partnership's certification the foundation board\nshall conduct a comprehensive review of the partnership's performance\nover the entire period of time for which the partnership was certified\nas such by the foundation. The review shall primarily be based on those\nannual reviews conducted by the foundation as authorized by this\nsubdivision. Should the foundation deem the partnership's performance to\nbe satisfactory it shall, by two-thirds vote of the thirteen voting\nmembers of the state board, re-certify the regional partnership as a\nregional partnership for a period of five years, provided such period\nbegin on the day that the previous certification has expired. Provided,\nhowever, should the foundation board rule that a partnership's\nperformance has not been satisfactory, or if two-thirds of the voting\nmembers of the foundation board do not support such partnership's\nre-certification, the foundation board shall issue a new request for\nproposals for a new regional partnership provided that such request for\nproposals shall be issued no later than thirty days after the foundation\nboard declined to re-certify the partnership. Those partnerships that\nchoose to submit an application for certification as a new regional\npartnership in response to the request for proposals issued by the\nfoundation board shall have sixty days to prepare and submit an\napplication from the date of the issuance of such request for proposals.\nThe foundation board shall have forty-five days to conduct a\ncomprehensive review of all applications for certification as a regional\npartnership. After a review of the applications, the foundation board\nshall select and certify a new partnership for all those regions for\nwhich a new request for proposals were issued.\n 8. Regional coordinator. Each partnership shall designate from its\nmembers a single, non-profit organization to coordinate program\ndevelopment and implementation, and to act as administrative entity for\nthe partnership programs. Such non-profit organization, or its staff,\nshall have demonstrated experience with state and federal contracting\nprocedures.\n 9. Records. Upon request, a partnership must authorize employees or\nagents of the foundation to inspect its books and records during regular\nbusiness hours.\n 10. Foundation fund. (a) Establish fund and programs. There is hereby\ncreated a fund within the foundation to be known as the foundation fund\nfor the purposes of: (i) providing financial assistance in the form of\ngrants, loans, equity investments or a combination thereof to companies\nfor purposes which may include, but not be limited to, commercialization\nof innovative products and processes for emerging technology sectors,\nincluding biotechnology, nanotechnology, bioinformatics, software\ndesign, innovative energy efficiencies and environmental technologies\nand other technologies; (ii) providing financial assistance in the form\nof grants, loans or a combination thereof to small emerging companies\nfor the purposes of: (A) offsetting the small emerging companies' costs\nassociated with accessing advanced telecommunications services and\ntechnologies, provided, however, that such small emerging companies or\ntheir affiliates shall not be in the business of offering\ntelecommunications services and technologies; (B) offsetting the small\nemerging companies' costs associated with implementing energy efficiency\nor pollution prevention projects; (iii) providing grants to facilities\nthat are equipped with high-technology resources appropriate to\ndifferent technology sectors, including biotechnology, nanotechnology,\nbioinformatics, software design, innovative energy and environmental\ntechnologies and other advanced technologies, for lab-based\ncommercialization enhancement and pre-venture product and business\ndevelopment and working capital support, such as to various sectors\nparticularly those that partner with university based research\ninstitutions; and (iv) providing financial assistance in the form of\ngrants, loans or a combination thereof to businesses and facility\nprojects that incorporate innovative products and processes into\ntraditional economic activities, including but not limited to\nagriculture, manufacturing, services and tourism. A certified\npartnership shall be eligible to apply for assistance under any of the\nprograms established in this section.\n (b) Programs. (i) The technology enhancement program will provide\ngrants for lab-based commercialization enhancement and pre-venture\nproduct and business development.\n (ii) The innovation investment program shall provide financing to\nfacilities for early-stage companies or companies that demonstrate a\nhigh potential for growth and innovation, as defined and specified by\nthe foundation. Innovation investment fund awards may take the form of\ngrants, equity investments, or loans or a combination thereof, provided\nthat the fund serves to promote the growth of small technology-intensive\nor otherwise innovative businesses in the state of New York. Innovation\ninvestment fund grants, equity investments or loans shall be in amounts\nequal to or greater than twenty-five thousand dollars but shall not\nexceed two hundred fifty thousand dollars.\n (iii) The emerging investment program shall take the form of grants,\nequity investments, or loans or a combination thereof, to businesses in\nthe stage of product development, as defined and specified by the\nfoundation. Emerging investment fund investments or loans shall be\ngreater than two hundred fifty thousand dollars but shall not exceed\nseven hundred fifty thousand dollars. Businesses eligible to receive\ninvestments from the emerging investment fund shall meet such targets\npursuant to foundation guidelines that demonstrate sufficient potential\nto bring a technology-intensive or otherwise innovative product or\nprocess to market and become a profitable employer located in the state\nof New York.\n (iv) The business acceleration program shall provide financing in the\nform of grants, equity investments, or loans or a combination thereof,\nto revenue-generating technology-intensive or otherwise innovative\nbusinesses, as defined and specified by the foundation, in order to\naccelerate their expansion towards profitability. Business acceleration\nfund grants, equity investments or loans shall be greater than seven\nhundred fifty thousand dollars but shall not exceed one million dollars.\nEligible businesses shall demonstrate, pursuant to foundation\nguidelines, their ability to become profitable and expand their\nemployment in the state of New York.\n (v) The New York Phase I federal small business innovation research\nprogram may award grants to recipients conducting research that may\nresult in the development of an innovative technology having the\npotential to lead to the commercialization or fabrication within New\nYork of new or improved products, processes, or services for the\ncontinuation of such research under the contract awarded by the federal\nagency not to exceed the amount of the federal award or fifty thousand\ndollars, whichever is less.\n (c) The community colleges/academic research institutions curriculum\nalignment program which shall provide assistance for alignment of SUNY\nand CUNY community colleges with high-technology industry clusters and\nacademic research institutions through the development of specialized\ncurricula which meets the needs of emerging businesses for technical and\nother skilled workers.\n (d) The New York Science, Technology, Engineering and Math (STEM)\nprogram may foster student interest in scientific and technical careers\nand may include support for summer science and math camps, internships\nand mentoring opportunities, and support opportunities for professional\ndevelopment for teachers in the areas of science, mathematics, and\nengineering.\n (e) The management and technical assistance program may provide\nsupport for regional activities which include industry associations,\nangel investor networks, entrepreneurial networks, regional business\nplan competitions and other related activities.\n (f) The manufacturing assistance program may provide support for\nflexible manufacturing networks, niche market development, productivity\nand energy efficiency assessments and skills training.\n (g) The regional marketing and export assistance program may provide\nsupport for regional activities including marketing cooperatives and\nbranding initiatives.\n 11. Reporting requirements. Each partnership shall annually submit the\nfollowing information to the foundation and to the temporary president\nof the senate and the speaker of the assembly:\n (a) the designated coordinator's current contact information;\n (b) a copy of the regional partnerships' current statement of\ncooperation that defines roles, responsibilities, contributions,\nfinancial and otherwise, of the partnerships;\n (c) a list of the partnership's current officers and directors;\n (d) an independent audit covering all funds received from the state;\n (e) upon request, an independent audit covering all funds received and\nactivities supported by non-state sources; and\n (f) all other information that the foundation may require.\n 12. Urban development corporation proposals. (a) Upon certification\npursuant to subdivision three of this section, each regional partnership\nmay submit to the urban development corporation a proposal on how the\nregional partnership shall provide economic development assistance,\npursuant to sections sixteen-h and sixteen-m of section one of the New\nYork state urban development corporation act.\n