2012 New York Consolidated Laws
PBA - Public Authorities
Article 10-A - NEW YORK STATE SCIENCE AND TECHNOLOGY
Title 2 - (3150 - 3166) NEW YORK STATE FOUNDATION FOR SCIENCE, TECHNOLOGY AND INNOVATION
3154 - Regional partnership program.

 
    §  3154.  Regional  partnership program. 1. Establishment and purpose.
  There is established a program in the foundation  to  be  known  as  the
  regional   partnership  program.  The  program  shall  provide  regional
  economic  assistance  to  certified  partnerships  for  the  purpose  of
  carrying   out  the  purposes  pursuant  to  this  section  and  section
  thirty-one hundred fifty-three of this title.
    2. Duties of regional partnerships. The  regional  partnerships  shall
  work  individually  and  in coordination with the technology development
  organizations established pursuant to section thirty-one  hundred  two-d
  of  this article, and with other partnerships to advance economic growth
  and business creation and expansion in  the  state.  The  program  shall
  provide  regional  economic assistance to certified partnerships for the
  purpose of carrying out  the  purposes  pursuant  to  this  section  and
  section thirty-one hundred fifty-three of this title.
    3.  Certification.  (a)  Partnerships  shall  be  comprised  of  local
  economic development organizations and, to the extent they  are  present
  in the region, centers of excellence as defined by section three of part
  T  of  chapter  eighty-four  of  the  laws of two thousand two or in the
  absence of such center in the region, at least one institution of higher
  education involved in commercialization efforts similar to such  centers
  of  excellence. To obtain certification for the purposes of carrying out
  the programs of the  foundation,  regional  partnerships  shall  include
  broad   representation   of  the  economic  development  and  innovation
  community in  the  region,  including  but  not  limited  to,  community
  colleges,   university   or  nonprofit  research  institutions,  private
  industry  representatives,  commercial  lending  institutions,   venture
  capital  firms  and  workforce  development  organizations.  Before  any
  partnership is certified by the foundation, the foundation shall approve
  written guidelines for the program and  shall  provide  a  copy  of  the
  guidelines  to  the temporary president of the senate and the speaker of
  the assembly.
    (b) Within thirty days of the  appointment  of  the  majority  of  the
  thirteen  voting  members  of  the  board,  the board shall identify and
  review  the  necessary  criteria  that  shall  be  demonstrated  for   a
  partnership  to successfully fulfill the duties specified in subdivision
  six of this section.
    (c) Within thirty days following the  foundation's  identification  of
  criteria  for  partnerships,  a  comprehensive request for proposals for
  each of the economic development regions of the state shall be issued by
  the foundation that incorporates such criteria and may request  any  and
  all  information  deemed  necessary  by  the  foundation  to certify the
  partnerships.
    (d) The foundation shall have ninety days to conduct  a  comprehensive
  review  of  all  proposed plans and partnerships. After such review, the
  foundation shall select and certify regional  partnerships  and  approve
  plans by a two-thirds majority vote of the board.
    (e)  The foundation shall certify one partnership to represent each of
  ten economic development regions  established  by  the  New  York  state
  department  of  economic  development  pursuant  to  section two hundred
  thirty of the economic development law. The foundation shall  certify  a
  regional partnership that meets the criteria and the requirements as set
  forth  in  subdivision  four  of  this section, provided that there is a
  regional partnership that  represents  each  region  specified  in  this
  section,  provided  further  that  the  foundation  determines  that  an
  application has been received from each region  that  is  sufficient  to
  accomplish the purposes of this section.
    (f)   The   foundation   shall   modify   or  revoke  a  partnership's
  certification consistent with the regulations, policies  and  guidelines

  of  the  foundation.  The foundation may change the number of regions or
  regional boundaries with a two-thirds majority vote of the board.
    (g)  The length of certification for each such partnership, subject to
  the  foundation's  authority   to   revoke   or   modify   a   partner's
  certification,  shall  be for a period of five years, beginning no later
  than March thirty-first, two thousand six.
    4. Application. A partnership  may  apply  to  the  foundation  to  be
  certified  as  a regional partnership. Each partnership shall have sixty
  days to prepare and submit an application  prepared  by  the  foundation
  from  the  date  of  the  issuance  of  such  request for proposals. All
  applications must be on the form required by the foundation and  include
  and demonstrate all of the following:
    (a) the coordinator's name and address;
    (b)  a  statement that the applicant is a partnership and the identity
  of its members;
    (c) a copy of a written strategic  plan  adopted  by  the  partnership
  describing  the  targeted  industry segments which the partnership shall
  foster;
    (d) a formal statement of cooperation from each partner confirming the
  contributions, financial and other, and responsibilities of each member;
    (e) identification of programs and funds which are appropriate to  the
  implementation of its regional strategy;
    (f)  identification of the efforts to leverage other sources of public
  and private funding in its proposal;
    (g)  identification  of  the  level  of  financial  expertise  of  the
  partnerships;
    (h) an organizational chart;
    (i) identification of the resources of the partnership;
    (j)   a  comprehensive  plan  for  its  strategy  to  promote  program
  implementation within the designated geographic region; and
    (k) any other information required by the foundation.
    5.  Review  and  designation.  The   foundation   shall   review   the
  applications.  Upon being satisfied that all requirements have been met,
  the foundation may approve an application. If the foundation approves an
  application,  the foundation shall accept the organization designated as
  the coordinator for the regional partnership programs.
    6. Continuation of certification.  To  continue  to  be  certified,  a
  partnership  shall perform the following duties which shall include, but
  not be limited to:
    (a) Serve as a regional partner in identifying,  developing,  adapting
  and  implementing  advanced  technologies  and  innovative strategies to
  enable the growth and competitiveness of existing and emerging companies
  through process improvement, technology  development,  commercialization
  and production.
    (b)  Promote collaborations, programs and initiatives by and among the
  foundation, technology enterprises, economic development  organizations,
  the  corporate  community,  academic  research institutions, government,
  workforce  development  organizations  and   other   interests   working
  collectively  to advance economic growth, including activities to ensure
  the availability of venture capital within the region including contract
  services  in  conjunction  with  the  foundation  pursuant  to   section
  thirty-one  hundred  fifty-two  of  this  title. Each partnership should
  stress the use of information technology as a necessary  means  to  link
  such entities together in a cohesive and effective manner.
    (c)  Provide  and  serve  as  a  conduit  to, capital for existing and
  emerging companies involved in the development,  commercialization,  and
  production of innovative products and processes.

    (d)  Develop and provide support to business incubation facilities and
  encourage the development of technology business  in  or  near  research
  academic institutions.
    (e) Each partnership shall encourage business mentoring opportunities,
  to  emerging  companies  in  order  to  provide  resources  and industry
  knowledge to create opportunities for growth.
    7. Certification review. Not less than one hundred eighty  days  prior
  to  the expiration of a partnership's certification the foundation board
  shall conduct a comprehensive review of  the  partnership's  performance
  over  the  entire period of time for which the partnership was certified
  as such by the foundation. The review shall primarily be based on  those
  annual  reviews  conducted  by  the  foundation  as  authorized  by this
  subdivision. Should the foundation deem the partnership's performance to
  be satisfactory it shall, by two-thirds  vote  of  the  thirteen  voting
  members  of  the  state  board, re-certify the regional partnership as a
  regional partnership for a period of five years,  provided  such  period
  begin  on the day that the previous certification has expired. Provided,
  however,  should  the  foundation  board  rule  that   a   partnership's
  performance  has  not  been satisfactory, or if two-thirds of the voting
  members of the  foundation  board  do  not  support  such  partnership's
  re-certification,  the  foundation  board  shall issue a new request for
  proposals for a new regional partnership provided that such request  for
  proposals shall be issued no later than thirty days after the foundation
  board  declined  to  re-certify the partnership. Those partnerships that
  choose to submit an application for  certification  as  a  new  regional
  partnership  in  response  to  the  request  for proposals issued by the
  foundation board  shall  have  sixty  days  to  prepare  and  submit  an
  application from the date of the issuance of such request for proposals.
  The   foundation   board   shall  have  forty-five  days  to  conduct  a
  comprehensive review of all applications for certification as a regional
  partnership. After a review of the applications,  the  foundation  board
  shall  select  and  certify  a new partnership for all those regions for
  which a new request for proposals were issued.
    8. Regional coordinator. Each partnership  shall  designate  from  its
  members   a   single,  non-profit  organization  to  coordinate  program
  development and implementation, and to act as administrative entity  for
  the  partnership  programs.  Such non-profit organization, or its staff,
  shall have demonstrated experience with state  and  federal  contracting
  procedures.
    9.  Records.  Upon  request, a partnership must authorize employees or
  agents of the foundation to inspect its books and records during regular
  business hours.
    10. Foundation fund. (a) Establish fund and programs. There is  hereby
  created  a fund within the foundation to be known as the foundation fund
  for the purposes of: (i) providing financial assistance in the  form  of
  grants,  loans, equity investments or a combination thereof to companies
  for purposes which may include, but not be limited to, commercialization
  of innovative products and processes for  emerging  technology  sectors,
  including   biotechnology,   nanotechnology,   bioinformatics,  software
  design, innovative energy efficiencies  and  environmental  technologies
  and  other technologies; (ii) providing financial assistance in the form
  of grants, loans or a combination thereof to  small  emerging  companies
  for  the purposes of: (A) offsetting the small emerging companies' costs
  associated  with  accessing  advanced  telecommunications  services  and
  technologies,  provided,  however, that such small emerging companies or
  their  affiliates  shall  not   be   in   the   business   of   offering
  telecommunications  services  and technologies; (B) offsetting the small
  emerging companies' costs associated with implementing energy efficiency

  or pollution prevention projects; (iii) providing grants  to  facilities
  that   are   equipped  with  high-technology  resources  appropriate  to
  different technology sectors, including  biotechnology,  nanotechnology,
  bioinformatics,  software  design,  innovative  energy and environmental
  technologies   and   other   advanced   technologies,   for    lab-based
  commercialization  enhancement  and  pre-venture  product  and  business
  development and working capital support,  such  as  to  various  sectors
  particularly   those   that   partner  with  university  based  research
  institutions; and (iv) providing financial assistance  in  the  form  of
  grants,  loans  or  a  combination  thereof  to  businesses and facility
  projects  that  incorporate  innovative  products  and  processes   into
  traditional   economic   activities,   including   but  not  limited  to
  agriculture,  manufacturing,   services   and   tourism.   A   certified
  partnership  shall  be eligible to apply for assistance under any of the
  programs established in this section.
    (b) Programs. (i) The  technology  enhancement  program  will  provide
  grants  for  lab-based  commercialization  enhancement  and  pre-venture
  product and business development.
    (ii) The innovation investment  program  shall  provide  financing  to
  facilities  for  early-stage  companies  or companies that demonstrate a
  high potential for growth and innovation, as defined  and  specified  by
  the  foundation.  Innovation investment fund awards may take the form of
  grants, equity investments, or loans or a combination thereof,  provided
  that the fund serves to promote the growth of small technology-intensive
  or  otherwise innovative businesses in the state of New York. Innovation
  investment fund grants, equity investments or loans shall be in  amounts
  equal  to  or  greater  than  twenty-five thousand dollars but shall not
  exceed two hundred fifty thousand dollars.
    (iii) The emerging investment program shall take the form  of  grants,
  equity  investments, or loans or a combination thereof, to businesses in
  the stage of product  development,  as  defined  and  specified  by  the
  foundation.  Emerging  investment  fund  investments  or  loans shall be
  greater than two hundred fifty thousand dollars  but  shall  not  exceed
  seven  hundred  fifty  thousand  dollars. Businesses eligible to receive
  investments from the emerging investment fund shall  meet  such  targets
  pursuant  to foundation guidelines that demonstrate sufficient potential
  to bring a  technology-intensive  or  otherwise  innovative  product  or
  process  to market and become a profitable employer located in the state
  of New York.
    (iv) The business acceleration program shall provide financing in  the
  form  of  grants, equity investments, or loans or a combination thereof,
  to  revenue-generating  technology-intensive  or  otherwise   innovative
  businesses,  as  defined  and  specified  by the foundation, in order to
  accelerate their expansion towards profitability. Business  acceleration
  fund  grants,  equity  investments  or loans shall be greater than seven
  hundred fifty thousand dollars but shall not exceed one million dollars.
  Eligible  businesses   shall   demonstrate,   pursuant   to   foundation
  guidelines,   their  ability  to  become  profitable  and  expand  their
  employment in the state of New York.
    (v) The New York Phase I federal small  business  innovation  research
  program  may  award  grants  to  recipients conducting research that may
  result in  the  development  of  an  innovative  technology  having  the
  potential  to  lead  to  the commercialization or fabrication within New
  York of new  or  improved  products,  processes,  or  services  for  the
  continuation  of such research under the contract awarded by the federal
  agency not to exceed the amount of the federal award or  fifty  thousand
  dollars, whichever is less.

    (c)  The  community colleges/academic research institutions curriculum
  alignment program which shall provide assistance for alignment  of  SUNY
  and  CUNY  community colleges with high-technology industry clusters and
  academic research institutions through the  development  of  specialized
  curricula which meets the needs of emerging businesses for technical and
  other skilled workers.
    (d)  The  New  York  Science,  Technology, Engineering and Math (STEM)
  program may foster student interest in scientific and technical  careers
  and  may  include support for summer science and math camps, internships
  and mentoring opportunities, and support opportunities for  professional
  development  for  teachers  in  the  areas  of science, mathematics, and
  engineering.
    (e) The  management  and  technical  assistance  program  may  provide
  support  for  regional  activities  which include industry associations,
  angel investor networks,  entrepreneurial  networks,  regional  business
  plan competitions and other related activities.
    (f)  The  manufacturing  assistance  program  may  provide support for
  flexible manufacturing networks, niche market development,  productivity
  and energy efficiency assessments and skills training.
    (g)  The  regional marketing and export assistance program may provide
  support for regional activities  including  marketing  cooperatives  and
  branding initiatives.
    11. Reporting requirements. Each partnership shall annually submit the
  following  information  to the foundation and to the temporary president
  of the senate and the speaker of the assembly:
    (a) the designated coordinator's current contact information;
    (b)  a  copy  of  the  regional  partnerships'  current  statement  of
  cooperation   that   defines   roles,  responsibilities,  contributions,
  financial and otherwise, of the partnerships;
    (c) a list of the partnership's current officers and directors;
    (d) an independent audit covering all funds received from the state;
    (e) upon request, an independent audit covering all funds received and
  activities supported by non-state sources; and
    (f) all other information that the foundation may require.
    12. Urban development corporation proposals.  (a)  Upon  certification
  pursuant to subdivision three of this section, each regional partnership
  may  submit  to  the urban development corporation a proposal on how the
  regional partnership  shall  provide  economic  development  assistance,
  pursuant  to  sections sixteen-h and sixteen-m of section one of the New
  York state urban development corporation act.