S T A T E   O F   N E W   Y O R K
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                                  5172

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 13, 2013
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Commerce, Economic  Devel-
  opment and Small Business

AN  ACT to amend the economic development law, in relation to establish-
  ing regional technology development centers

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  economic  development law is amended by adding a new
section 361 to read as follows:
  S 361. REGIONAL TECHNOLOGY DEVELOPMENT CENTERS. 1.  AS  USED  IN  THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A)  "REGIONAL TECHNOLOGY DEVELOPMENT CENTERS" OR "CENTERS" SHALL MEAN
ANY REGIONAL, NOT-FOR-PROFIT CORPORATION OR  OTHER  NONPROFIT  ORGANIZA-
TION,  ASSOCIATION,  OR AGENCY WHICH IS ORGANIZED FOR THE PURPOSE OF THE
PROMOTION, ATTRACTION, STIMULATION, DEVELOPMENT AND EXPANSION OF SCIENCE
AND TECHNOLOGY-ORIENTED ECONOMIC ACTIVITY IN A PARTICULAR REGION OF  THE
STATE OR IN ONE OR MORE COUNTIES OR CITIES, AND WHICH DOES NOT ENGAGE IN
LOBBYING ACTIVITIES AS A SIGNIFICANT PART OF THEIR OVERALL FUNCTIONS.
  (B)  "IN-KIND  SERVICES" SHALL MEAN THE DONATION OF QUANTIFIABLE GOODS
AND SERVICES INCLUDING BUT NOT  LIMITED  TO  PROFESSIONAL  SERVICES  AND
TIME,  EQUIPMENT,  MATERIAL AND OFFICE SPACE FOR USE BY A REGIONAL TECH-
NOLOGY DEVELOPMENT CENTER IN  FURTHERANCE  OF  ITS  STATED  PURPOSES  OR
PROVIDED  ON  BEHALF  OF  THE CENTER TO OTHERS FOR SUCH PURPOSES AND FOR
WHICH THERE IS NO MONETARY REMUNERATION. ANY SUCH IN-KIND SERVICES  MUST
HAVE  PRIOR  APPROVAL BY THE DEPARTMENT TO SATISFY THE MATCHING REQUIRE-
MENT PURSUANT TO THIS SECTION.
  2. (A) THE DEPARTMENT SHALL DESIGNATE REGIONAL TECHNOLOGY  DEVELOPMENT
CENTERS  IN  EACH OF THE TEN ECONOMIC DEVELOPMENT REGIONS THROUGHOUT THE
STATE. CENTERS SHALL BE DESIGNATED FOR A PERIOD  NOT  GREATER  THAN  TEN
YEARS THROUGH A COMPETITIVE SELECTION PROCESS.
  (B) COMPETITIVE SELECTION CRITERIA SHALL INCLUDE:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10520-01-3
              

S. 5172                             2

  (I)  THE  DEGREE  AND  COMPLETENESS  OF  INFORMATION  CONTAINED IN THE
PROPOSAL;
  (II)  THE  NATURE, RELEVANCE AND IMPORTANCE OF THE PROPOSED ACTIVITIES
TO THE REGION;
  (III) THE ANTICIPATED ECONOMIC BENEFITS TO THE STATE AND THE REGION TO
BE DERIVED FROM THE PROPOSED ACTIVITIES DESCRIBED IN THE PROPOSAL;
  (IV) THE DEGREE TO WHICH THE MEMBERSHIP OF THE APPLICANT  ORGANIZATION
IS  REPRESENTATIVE  OF  THE REGION'S BUSINESS, INDUSTRY, LABOR, ACADEMIC
AND GOVERNMENT SECTORS, INCLUDING  STRONG  REPRESENTATION  OF  THE  HIGH
TECHNOLOGY PRIVATE SECTOR;
  (V)  THE COMMITMENT OF TIME AND ENERGY OF THE PRINCIPALS OF THE APPLI-
CANT ORGANIZATION;
  (VI) THE OPERATIONAL READINESS OF THE APPLICANT ORGANIZATION TO  CARRY
OUT THE ACTIVITIES DESCRIBED IN THE PROPOSAL; AND
  (VII)  THE  APPLICANT ORGANIZATION'S PRIOR EXPERIENCE AND DEMONSTRATED
RESULTS IN PERFORMING ACTIVITIES IDENTICAL OR SIMILAR TO  THOSE  IDENTI-
FIED IN THE PROPOSAL.
  (C)  THERE  SHALL  BE  NO  LIMIT ON THE NUMBER OF TIMES CENTERS MAY BE
REDESIGNATED AND IF THE DEPARTMENT DOES NOT ISSUE A TIMELY, NEW  REQUEST
FOR  PROPOSALS  BEFORE THE END OF ANY TEN-YEAR PERIOD, OR IS NOT ABLE TO
EVALUATE NEW PROPOSALS AND  MAKE  NEW  SELECTIONS  BY  THE  END  OF  THE
TEN-YEAR DESIGNATION, ALL CONTRACTS FOR THE EXISTING CENTERS SHALL BE IN
EFFECT UNTIL THE END OF THE STATE FISCAL YEAR THAT FOLLOWS THE LAST YEAR
OF  THE  CENTER'S  DESIGNATION  DURING  WHICH  TIME THE DEPARTMENT SHALL
COMPLETE ITS EVALUATION  AND  REDESIGNATION  PROCESS  PURSUANT  TO  THIS
SECTION.
  3.  THE  DEPARTMENT  IS HEREBY AUTHORIZED TO AWARD GRANTS ON A COMPET-
ITIVE BASIS, FROM SUCH FUNDS AS MAY BE APPROPRIATED FOR THIS PURPOSE  BY
THE LEGISLATURE, TO MATCH FUNDS EXPENDED BY REGIONAL TECHNOLOGY DEVELOP-
MENT  CENTERS  FOR THE PURPOSES SET FORTH IN THIS SECTION AND IN ACCORD-
ANCE WITH RULES AND REGULATIONS PROMULGATED BY THE DEPARTMENT.
  4. MATCHING FUNDS SHALL  BE  PROVIDED  ONLY  FOR  PURPOSES  WHICH  ARE
RELATED TO THE REALIZATION OF THE TECHNOLOGICAL DEVELOPMENT POTENTIAL OF
A PARTICULAR REGION OF THE STATE AS DETERMINED BY THE DEPARTMENT.  AMONG
THE  ACTIVITIES FOR WHICH MATCHING FUNDS MAY BE PROVIDED ARE THE FOLLOW-
ING:
  (A)  SPONSORING  AND  CONDUCTING  REGIONAL  CONFERENCES  AND  STUDIES,
COLLECTING  AND  DISSEMINATING  INFORMATION AND ISSUING PERIODIC REPORTS
RELATING TO  SCIENTIFIC  AND  TECHNOLOGICAL  RESEARCH,  DEVELOPMENT  AND
EDUCATION IN THE REGION;
  (B)  PREPARING  AND  PERIODICALLY ISSUING A REGISTER OF SCIENTIFIC AND
TECHNOLOGICAL RESEARCH FACILITIES IN THE REGION;
  (C) ASSISTING SMALL AND EMERGING SCIENCE AND TECHNOLOGY-ORIENTED BUSI-
NESSES WITHIN THE REGION INCLUDING PROVIDING ASSISTANCE IN APPLYING  FOR
FEDERAL  OR  STATE  RESEARCH GRANTS OR PROCUREMENT CONTRACTS AND DISSEM-
INATING INFORMATION ON THE AVAILABILITY OF SUCH GRANTS AND CONTRACTS;
  (D) COLLECTING AND DISSEMINATING INFORMATION ON FINANCIAL,  TECHNICAL,
MARKETING, MANAGEMENT AND OTHER SERVICES AVAILABLE TO SMALL AND EMERGING
SCIENCE AND TECHNOLOGY-ORIENTED BUSINESSES WITHIN THE REGION AND ARRANG-
ING  ACCESS  TO SUCH SERVICES ON A FREE OR FOR-HIRE BASIS FROM UNIVERSI-
TIES, PRIVATE FOR-PROFIT BUSINESSES AND NONPROFIT ORGANIZATIONS;
  (E) PROVIDING TECHNICAL ASSISTANCE INCLUDING MANAGEMENT, MARKETING AND
FINANCIAL PACKAGING ASSISTANCE  TO,  AND  COLLECTING  AND  DISSEMINATING
INFORMATION  REGARDING  INNOVATIONS FOR THE BENEFIT OF, INVENTORS INTER-
ESTED IN HAVING THEIR IDEAS DEVELOPED AND COMMERCIALIZED  AND  ENTREPRE-
NEURS INTERESTED IN THE COMMERCIALIZATION OF NEW PRODUCTS AND PROCESSES;

S. 5172                             3

  (F)  SUPPORTING  UNIVERSITY-INDUSTRY COLLABORATION IN APPLIED RESEARCH
AND TECHNOLOGY BASED ECONOMIC DEVELOPMENT, THE  PROMOTION  OF  INCUBATOR
FACILITIES  AND  THE  GENERATION  OR  BROKERING OF INVESTMENT CAPITAL TO
SUPPORT REGIONAL NEW ENTERPRISE DEVELOPMENT;
  (G)  ASSISTING IN THE DEVELOPMENT OF A GLOBALLY COMPETITIVE TECHNOLOGY
DEVELOPMENT STRATEGY FOR THE REGION;
  (H) CONTRIBUTING INFORMATION TO ANY STATEWIDE DATABASE, WHICH  IDENTI-
FIES  RESOURCES  AVAILABLE  FROM  COLLEGES,  UNIVERSITIES  AND TECHNICAL
SERVICE PROVIDERS AND  WHICH  PROVIDES  INFORMATION,  INCLUDING  VENTURE
CAPITAL  SOURCES AND LABOR MARKET STATISTICS, OF INTEREST TO AND FOR USE
BY ENTREPRENEURS AND TECHNOLOGY-ORIENTED BUSINESSES;
  (I) PROJECTING THE NEED FOR THE TECHNICAL AND  PROFESSIONAL  WORKFORCE
WITHIN  THE REGION AND ASSISTING OTHERS IN PLANNING FOR PROJECTED DISLO-
CATIONS AND RETRAINING;
  (J) ASSISTING THE DEPARTMENT IN IDENTIFYING  AND  CONTACTING  ELIGIBLE
APPLICANTS,  AS  DEFINED  IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION
TWO HUNDRED TWENTY-FOUR OF THIS CHAPTER, AND SPONSORING, IN  CONJUNCTION
WITH  THE  CONFERENCES, SEMINARS, COUNSELING SESSIONS AND OTHER OUTREACH
EFFORTS AIMED AT IMPROVING THE COMPETITIVE  POSITION  OF  APPLICANTS  IN
INTERNATIONAL MARKETS BY PROMOTING EXPORTING;
  (K) CONDUCTING SUCH OTHER APPROPRIATE ACTIVITIES AS MAY BE ESTABLISHED
BY  THE DEPARTMENT FOR THE PURPOSE OF REALIZING THE TECHNOLOGICAL DEVEL-
OPMENT POTENTIAL OF THE REGION SERVED BY THE APPLICANT; AND
  (L) PERFORMING ACTIVITIES AND DELIVERING SERVICES PURSUANT TO SUBPARA-
GRAPH (V) OF PARAGRAPH (A) OF SUBDIVISION FIVE OF THIS SECTION.
  5. (A) REGIONAL TECHNOLOGY DEVELOPMENT CENTERS  SHALL  ADMINISTER  THE
NEW  YORK  MANUFACTURING EXTENSION PARTNERSHIP PROGRAM, ALSO REFERRED TO
AS THE INDUSTRIAL TECHNOLOGY  EXTENSION  SERVICE  PROGRAM,  WHICH  SHALL
PROVIDE  TECHNICAL  AND MANAGEMENT ASSISTANCE TO MANUFACTURING COMPANIES
WITHIN THE STATE FOR THE FOLLOWING PURPOSES:
  (I) TO IMPROVE THE GLOBAL  COMPETITIVENESS  AND  INCREASE  THE  MARKET
SHARE  OF  VIABLE  NEW YORK STATE INDUSTRIES AND FIRMS THROUGH INCREASED
KNOWLEDGE OF NEW TECHNOLOGIES AND OTHER INNOVATIONS;
  (II) TO ASSIST INDUSTRIAL FIRMS THROUGH CONSULTING AND TRAINING ACTIV-
ITIES WITH THE INTRODUCTION OF IMPROVED MANAGEMENT AND PRODUCTION  PROC-
ESSES IN ORDER TO ENHANCE THEIR PRODUCTIVITY AND COMPETITIVENESS;
  (III)  TO  PROVIDE INDUSTRIAL EFFECTIVENESS FIELD SERVICES PURSUANT TO
ARTICLE SEVEN OF THIS CHAPTER;
  (IV) TO ASSIST IN THE RETENTION AND EXPANSION OF INDUSTRIAL FIRMS  AND
EMPLOYMENT IN NEW YORK STATE;
  (V) TO ADMINISTER ACTIVITIES AND SERVICES WITH ALL FEDERAL MANUFACTUR-
ING  EXTENSION  PARTNERSHIP PROGRAM FUNDS RECEIVED BY THE STATE PURSUANT
TO PUBLIC LAW 110-69 WHICH SHALL QUALIFY AS MATCHING FUNDS  PURSUANT  TO
SUBDIVISION THREE OF THIS SECTION; AND
  (VI)  TO  COMMUNICATE  INDUSTRIAL  NEEDS  TO  UNIVERSITIES AND OTHERS,
BROKERING JOINT UNIVERSITY-INDUSTRY INVESTIGATIONS TO AID INDUSTRY,  AND
ASSISTING  IN  THE  PROVISION OF PRODUCTIVITY AND GROWTH IMPROVEMENTS TO
MATURE INDUSTRIES.
  (B) NOTWITHSTANDING ANY OTHER  LAW,  GRANTS  MADE  BY  THE  DEPARTMENT
PURSUANT  TO  THIS  SECTION SHALL BE MATCHED ON A FIFTY PERCENT BASIS BY
THE REGIONAL TECHNOLOGY DEVELOPMENT CENTER AND UP TO  FIFTY  PERCENT  OF
SUCH MATCH MAY BE OF IN-KIND SERVICES AS APPROVED BY THE DEPARTMENT.
  (C)  THE DEPARTMENT MAY ESTABLISH SUCH REQUIREMENTS AS IT DEEMS APPRO-
PRIATE FOR THE FORMAT AND CONTENT OF APPLICATIONS  FOR  MATCHING  GRANTS
PURSUANT  TO THIS SUBDIVISION AND SHALL SET REASONABLE DEADLINES FOR THE
SUBMISSION OF APPLICATIONS FOR SUCH SUPPORT.

S. 5172                             4

  (D) THE DEPARTMENT MAY SELECT FROM COMPETING APPLICATIONS THOSE  WHICH
IT  JUDGES TO BE OF GREATEST BENEFIT TO THE WELFARE OF THE PEOPLE OF THE
STATE AND MAY APPROVE OR REJECT ANY OR ALL  OF  THE  COMPETING  APPLICA-
TIONS.  THE  DEPARTMENT  SHALL  NOTIFY ALL APPLICANTS OF THE APPROVAL OR
REJECTION OF THEIR APPLICATIONS IN A TIMELY FASHION.
  (E) THE DEPARTMENT SHALL REQUIRE PERIODIC REPORTS AND OTHER SUCH DOCU-
MENTS  AND  INFORMATION  AS IT DEEMS NECESSARY TO MONITOR AND REVIEW THE
PERFORMANCE OF EACH REGIONAL TECHNOLOGY  DEVELOPMENT  CENTER  AWARDED  A
GRANT.
  6.  THE DEPARTMENT SHALL SUBMIT A REPORT PURSUANT TO SUBDIVISION THIR-
TY-SEVEN-B OF SECTION ONE HUNDRED OF THIS CHAPTER TO THE  GOVERNOR,  THE
TEMPORARY  PRESIDENT  OF  THE  SENATE  AND  THE SPEAKER OF THE ASSEMBLY,
DETAILING THE  ACTIVITIES  THAT  EACH  REGIONAL  TECHNOLOGY  DEVELOPMENT
CENTER  HAS  UNDERTAKEN  DURING  THE  REPORTING YEAR. SUCH REPORTS SHALL
INCLUDE BUT NOT BE LIMITED TO, THE COMPOSITION OF THE CENTER, THE AMOUNT
OF THE GRANT AWARDED AND THE MATCH PROVIDED, THE DUTIES AND  OBLIGATIONS
REQUIRED BY THE DEPARTMENT, A DESCRIPTION OF THE CENTER'S ACTIVITIES AND
ACCOMPLISHMENTS,  THE NUMBER OF JOBS CREATED OR RETAINED, THE NUMBER AND
TYPES OF COMPANIES ASSISTED, THE INCREASE IN THE NUMBER OF NEW-TO-MARKET
AND NEW-TO-EXPORT BUSINESSES BY EMPLOYMENT SIZE,  THE  INCREASE  IN  THE
VALUE  OF EXPORT SALES BY BUSINESS EMPLOYMENT SIZE, AND ANY OTHER PERTI-
NENT INFORMATION AS DETERMINED BY THE DEPARTMENT.
  7. TO THE FULLEST EXTENT PERMITTED UNDER SUBDIVISION  TWO  OF  SECTION
EIGHTY-SEVEN  OF  THE PUBLIC OFFICERS LAW, ALL INFORMATION REGARDING THE
FINANCIAL   CONDITION,   MARKETING   PLANS,   MANUFACTURING   PROCESSES,
PRODUCTION  COSTS,  PRODUCTIVITY  RATES,  CUSTOMER LISTS, OR OTHER TRADE
SECRETS AND PROPRIETARY INFORMATION OF A  PERSON  OR  ENTITY  REQUESTING
ASSISTANCE FROM THE DEPARTMENT PURSUANT TO THIS SECTION WHICH IS SUBMIT-
TED  BY  SUCH  PERSON  OR ENTITY TO THE DEPARTMENT IN CONNECTION WITH AN
APPLICATION FOR ASSISTANCE OR WITH A PRODUCTIVITY ASSESSMENT  OR  FEASI-
BILITY STUDY, SHALL BE CONFIDENTIAL AND EXEMPT FROM PUBLIC DISCLOSURE.
  S 2. This act shall take effect immediately.