* § 265-b. Funding committee. 1. There shall be a funding committee
which shall have thirteen members appointed by the governor, except for
the commissioner who shall serve as an ex officio member. Six members
shall be appointed directly by the governor; two shall be appointed on
the nomination of the temporary president of the senate; two shall be
appointed on the nomination of the speaker of the assembly; one shall be
appointed on the nomination the senate minority leader and one shall be
appointed on the nomination of the assembly minority leader. A member of
the funding committee shall also serve on the ethics committee.

2. The funding committee shall perform the following functions:

(a) provide for an independent scientific peer review committee
composed of individuals with expertise in the field of biomedical
research who shall review grant applications based on the criteria
requirements and standards adopted by the funding committee, and make
recommendations to the funding committee for the award of grants;

(b) develop criteria including an appropriate competitive scoring
method, standards, and requirements for considering funding applications
and for awarding research grants, including but not limited to
recommendations for the overhead/indirect component of such grants for
the development and submission of funding applications by New York state
based consortia;

(c) recommend standards for the scientific and medical oversight of
awards;

(d) solicit through requests for proposals and otherwise, and to
accept proposals for research projects including grant applications;

(e) review grant applications based on the criteria, requirements, and
standards adopted by the funding committee utilizing a process that
gives due consideration to the amount of nonpublic funds contributed by
the project sponsor, including cash, in-kind personnel, equipment or
materials, donations, the opportunity to leverage funds, including
federal, private and not-for-profit funds reasonably anticipated to be
received by the project sponsors; provided, however, that nonpublic
funds shall only be considered as a factor by the funding committee when
reviewing applications of equivalent merit as determined by the
independent scientific peer review committee;

(f) make recommendations to the commissioner for the award of research
therapy development and clinical trial grants; and

(g) recommend standards for the evaluation of grantees to ensure that
they comply with all applicable requirements, including, but not limited
to, conducting peer group progress oversight reviews of grantees to
ensure compliance with the terms of the award and report to the
commissioner any recommendations or subsequent action. Such standards
shall mandate periodic reporting by grantees.

3. With the exception of the ex officio member, the funding committee
shall be divided into three classes. Of the three classes, the first
class appointed shall include three of the governor's appointees, one
appointee nominated by the temporary president of the senate, and one
appointee nominated by the speaker of the assembly and shall serve for a
term ending one year from the effective date of this title. The second
class shall include two of the governor's appointees, one appointee
nominated by the minority leader of the senate, and one appointee
nominated by the minority leader of the assembly and shall serve for a
term ending two years from the effective date of this title. The third
class shall include the final governor's appointee, one appointee
nominated by the temporary president of the senate, and one appointee
nominated by the speaker of the assembly; and shall serve for a term
ending three years from the effective date of this title. Subsequently,
each member appointed shall serve a term of three years and no more than
two terms of three years each. A vacancy in the membership of the board
shall be filled for the unexpired portion of the term in the same manner
as the original appointment.

* NB Repealed December 31, 2025