§ 209-r. Gen*NY*sis program. 1. The Gen*NY*sis program is hereby
created to assist research and technology development programs in the
life sciences or in enabling sciences affiliated with public,
not-for-profit private or academic research institutions located within
New York state to develop and commercialize new discoveries for the
improvement of human, plant and animal health and to expand businesses
and employment in New York state.

2. Funds appropriated or transferred to the Gen*NY*sis program shall
be made available to project sponsors for the construction of life
sciences and/or enabling science facilities including, but not limited
to, equipment, laboratory facilities and laboratory equipment, incubator
facilities, manufacturing facilities, bioscience parks or any
combination thereof. Funds shall not be used for projects that are
already completed at the time of application.

3. Funding for each project shall be made available upon submission of
a Gen*NY*sis program and financing plan to the executive director and to
the director of the budget. Such program and financing plan shall be
prepared by the project sponsor and shall include, where applicable, a
description of the proposed project, a description of the consortium of
institutions/organizations involved including respective
responsibilities and contributions, the structure and governance of the
collaboration, efforts to obtain and administer corporate, federal
and/or foundation support, the scientific and technical quality of the
proposed research to be undertaken at such facility, the expected
increase in research activity in specified research areas derived from
such project, projections of discoveries from such research sponsor, and
an economic plan to further develop any discoveries from such project to
include the development of new businesses and jobs within New York state
or if such discovery is to be licensed to another entity, the terms
under which the project sponsor would undertake such licensing
agreements. The urban development corporation shall provide assistance
to the office, as requested by the executive director, with respect to
the evaluation of any economic plan or licensing terms.

4. Funding for each project shall not exceed seventy-five percent of
the cost of such project, provided that, in estimating the residual
percentage of funding, such funding provided by the project sponsor for
each project may include allocated funds (cash); in-kind personnel,
equipment or material donations; federal funds; significant financial
contributions to the project sponsor; university internal sources,
prorated operational costs; or any combinations thereof.

5. Project sponsors receiving awards pursuant to the Gen*NY*sis
program in an amount in excess of ten percent of the total cost of such
project as submitted in the program and financing plan pursuant to this
section shall, for a period not to exceed five years after the receipt
of such award, provide an annual report to the executive director, the
chairman of the senate finance committee and the chairman of the
assembly ways and means committee detailing the use of such award and
the progress of the project sponsor in meeting the criteria set forth in
paragraph three of this section as expressed in the program and
financing plan submitted for review to the executive director.

6. Notwithstanding any other law, rule or regulation to the contrary,
no more than three and one-half of one percent of any grant issued under
this program may be allocated to any grant recipient or to any
subsidiary or organization associated therewith for purposes which may
include, but not be limited to, any direct or indirect costs of
administering the program not contained in the application requesting
such funds, provided however, that no monies granted under the
Gen*NY*sis program may be used to supplant any direct or indirect costs
of the grant recipient.