§ 410. Centers of excellence program. The centers of excellence
program is hereby established for the purpose of fostering collaboration
between the academic research community and the business sector to
develop and commercialize new products and technologies, to promote
critical private sector investment in emerging high technology fields in
New York state, and to create and expand technology-related businesses
and employment.

1. Such centers are designated to operate pursuant to section three of
part T of chapter eighty-four of the laws of two thousand two in areas
identified by the department as having significant potential for
economic growth in New York, or in which the application of new
technologies could significantly enhance the productivity and stability
of New York businesses.

2. As a condition of receipt of support authorized pursuant to this
section, each center shall annually submit to the department a plan for
commercializing products or processes based on innovations developed at
center facilities, and specifically such center's strategy for
commercializing such products or processes within New York state.

3. (a) From such funds as may be appropriated for this purpose by the
legislature, the department may provide financial support, through
contracts or other means, in order to enhance and accelerate center
operations in joint university/industry research and development,
product commercialization, and workforce training. Funds received
pursuant to this subdivision may be used for the employment of faculty
and staff, provision of graduate fellowships, or other operating
expenses that are aligned with the center's commercialization strategy
and approved by the department.

(b) Funds shall be matched on a one to one basis by the institution
receiving the funds and collaborative partners in the form of cash or
in-kind personnel, equipment, material donations, and other facility and
operations expenditures.

4. (a) The commissioner shall, on or before February first, two
thousand twelve and every year thereafter, submit to the governor, the
temporary president of the senate and the speaker of the assembly a
report on the operations and accomplishments of the centers of
excellence.

(b) The annual report shall provide, but not be limited to, the
following information for each calendar year:

(i) the purposes for which center facilities, equipment, and personnel
were utilized;

(ii) a detailed operating budget, including the amount of state funds
received, as well as identification of each source of federal, state,
local or private funds, including in-kind contributions;

(iii) an accounting of capital expenditures, identifying the amount of
state funds utilized, as well as each source of federal, state, local,
or private funds, including in-kind contributions;

(iv) a description of the governance structure of the center including
the respective roles of collaborating partners;

(v) the economic impact of the activities undertaken with state funds,
including such factors as jobs created and maintained; the number of
patents awarded to the college or university or any private entity and
associated licensing revenues; and awards, designations and other
tangible evidence of recognition; and the methodology utilized to
determine such impact;

(vi) the actual or anticipated new products and processes with
commercial application of importance to the industries in the state;

(vii) a description of any relationships with secondary schools and
community colleges designed to foster student interest in scientific and
technical careers; and

(viii) a description of each research sponsorship agreement,
intellectual property ownership agreement, intellectual property license
agreement, or any other agreements entered into between the state funded
research institutions and each research partner.

5. The commissioner shall, on or before February first, two thousand
twelve and every year thereafter, submit to the governor, the temporary
president of the senate and the speaker of the assembly an overall
strategic plan for the centers of excellence program.

(a) The plan shall include the broad focus and mission of the center
and the strategies used to determine that focus including but not
limited to collaboration with local and regional economic development
entities to determine current and emerging high-tech industry clusters.

(b) Such plan shall also include the metrics that will be used to
determine whether and to what degree each center is maintaining its
focus and fulfilling its mission.

(c) The plan shall be assessed by the governing board of the center
and revised annually as appropriate. Any revisions shall be submitted to
the department for approval.