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

                                   538

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

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.

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

                                                           LBD01045-01-5

S. 538                              2

  (B) COMPETITIVE SELECTION CRITERIA SHALL INCLUDE:
  (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-

S. 538                              3

ESTED  IN  HAVING THEIR IDEAS DEVELOPED AND COMMERCIALIZED AND ENTREPRE-
NEURS INTERESTED IN THE COMMERCIALIZATION OF NEW PRODUCTS AND PROCESSES;
  (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

S. 538                              4

PURSUANT TO THIS SUBDIVISION AND SHALL SET REASONABLE DEADLINES FOR  THE
SUBMISSION OF APPLICATIONS FOR SUCH SUPPORT.
  (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.