§ 3102-a. Industrial technology extension service. 1. There is hereby
established within the foundation an industrial technology extension
service program.

2. Definitions. For the purposes of this section, the terms:

(a) "Industrial technology extension service" shall mean a network of
regional organizations which provide technical and management assistance
through field agents, as well as feasibility studies and productivity
assessments by contract, to eligible businesses, especially small and
medium sized firms in New York state. Agents will assist firms in
researching, evaluating and implementing opportunities for technology
and or management related productivity improvements.

(b) "Director" shall mean the executive director of the New York State
Science and Technology Foundation.

(c) "Foundation" shall mean the New York State Science and Technology
Foundation.

(d) "Regional organization" shall mean a not-for-profit organization
which contracts with the foundation to serve as the industrial
technology extension service for the region within which it operates.

(e) "Industrial firm" shall mean a firm involved with extracting,
smelting, recovering, developing, preparing, compounding, converting,
assembling or producing in any manner, minerals, raw materials, products
or substances of any kind or nature, and shall include facilities
related thereto for storage, warehousing or distribution, for research
and development or for the discovery of new, and refinement of known,
substances, processes, and products.

(f) "Medium-sized industrial firm" shall mean an industrial firm that
employs less than five hundred persons within the state on a full-time
basis.

(g) "Small-sized industrial firm" shall mean an industrial firm that
employs one hundred or less persons within the state on a full-time
basis.

3. Purpose. The purposes of the industrial technology extension
service program shall be:

(a) to improve the competitiveness and increase the market share of
viable New York state industries and firms through increased knowledge
of new technologies and other innovations;

(b) to build a technology dissemination transfer and educational
service based on current research and development strengths in New York
state in the area of industrial technologies;

(c) to assist industrial firms with the introduction of improved
management and production processes in order to enhance their
productivity and competitiveness;

(d) to provide industrial effectiveness field services pursuant to
article seven of the economic development law; and

(e) to assist in the retention and expansion of industrial firms and
employment in New York state.

4. Contracting process. The foundation shall, on an annual basis
contract with regional organizations to provide industrial technology
extension services on a regional basis. Initial selection shall be based
on the foundation's assessment of the ability of the regional
organization to meet the objectives specified in subdivision three of
this section, to conduct outreach services, to service the technical
needs of industrial firms in the region and to coordinate its activities
with other concerned organizations within a region. The director shall
review, on an annual basis, the performance of regional organizations
which have been selected to provide services in meeting these
requirements and, upon completion of its review, the foundation shall
make a determination concerning the advisability of continuing to
contract with the regional organization based on the outcome of the
review. However, upon a finding by the board of the foundation, made
upon a recommendation from the department of economic development and
the director of the foundation, that the purposes of this section would
more appropriately be served by an individual rather than an
organization, the foundation shall contract with an individual pursuant
to the provisions of this subdivision.

5. Responsibilities of field agents. Field agents shall:

(a) Contact firms within the region and develop assessments of their
technology related needs;

(b) Assist firms in researching, evaluating and implementing
opportunities for technology related productivity improvements;

(c) Where appropriate, recommend to the department of economic
development that it make available productivity assessments and
feasibility studies through the industrial effectiveness program
pursuant to article seven of the economic development law to industrial
firms that have requested such assistance. The following factors shall
be considered in determining whether to recommend the provision of a
productivity assessment or feasibility study to an industrial firm: (i)
the potential viability of the company; (ii) the commitment of
management and labor to jointly participate in a
productivity-improvement program; and (iii) whether interests of the
employees of the firm are served by such assistance. The foundation
shall, in cooperation with the department of economic development,
develop procedures for such referrals;

(d) Provide referrals to appropriate local, regional and state level
organizations and programs which deliver services or provide information
or assistance;

(e) Provide information on state-sponsored programs offering financial
or technical assistance to industrial firms and aid such firms in
applying for assistance;

(f) Identify public and private sources of expertise available to
assess productivity problems of industrial firms;

(g) Organize, promote and operate seminars and workshops addressing
industry technological needs, as well as, design and conduct seminars
and workshops to inform industrial managers, union leaders, trade
associations, and other appropriate individuals and organizations, of
industrial productivity-improvement methods and approaches and to
demonstrate their successful adoption in similar firms;

(h) Promote the services and assistance available under this section
for industrial firms, to such firms and to municipal officials and
agencies, regional and local economic development entities, technology
development organizations, trade associations, business and labor
organizations and the appropriate entities; and

(i) Coordinate industrial expansion and retention activities with the
regional offices of the department of economic development pursuant to
article eleven of the economic development law and other activities with
other state operated and supported business assistance programs.

6. Rules and regulations. The director shall promulgate rules and
regulations for the operation of the industrial technology extension
service program.

7. Exemption from disclosure requirements. 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
foundation, which is submitted by such person or entity to the
foundation in connection with an application for assistance or with a
productivity assessment or feasibility study, shall be confidential and
exempt from public disclosure.

8. Program plan. The foundation shall cooperate with the department of
economic development in preparation of a program plan pursuant to
subdivision nineteen of section one hundred of the economic development
law.

9. Reporting. The director shall, on or before October first, nineteen
hundred ninety-one and on or before each October first thereafter,
submit a report to the governor and the legislature on the operation and
accomplishments of the industrial technology extension service program.

10. For any positions opened as a result of a project conducted
pursuant to this section businesses so assisted shall first consider
persons eligible to participate in federal job training partnership act
(P.L. 97-300) programs who shall be referred to the business by
administrative entities of service delivery areas created pursuant to
such act or by the job service division of the department of labor.

11. Evaluation. The director shall submit to the director of the
budget, the chairman of the senate finance committee and the chairman of
the assembly ways and means committee an evaluation of the success of
the industrial technology extension service program prepared by an
entity independent of the foundation. Such evaluation shall include, but
not be limited to, determining whether the services provided have helped
client firms to improve their competitiveness or increase their market
share relative to other firms in the specific industry; and shall assess
the effect, if any, of the program on the continued location and growth
of industrial firms within the state. Such evaluation shall be submitted
by September first, nineteen hundred ninety-two and by September first
every two years thereafter.