Bill Text: NY S04053 | 2015-2016 | General Assembly | Introduced
Bill Title: Relates to the New York state biomedical and biotechnological translational research and entrepreneurship initiative.
Spectrum: Moderate Partisan Bill (Republican 6-1)
Status: (Introduced - Dead) 2016-01-06 - REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS [S04053 Detail]
Download: New_York-2015-S04053-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4053
2015-2016 Regular Sessions
I N S E N A T E
February 26, 2015
___________
Introduced by Sens. GOLDEN, GALLIVAN, FUNKE, GRIFFO, RANZENHOFER,
ROBACH, VALESKY -- read twice and ordered printed, and when printed to
be committed to the Committee on Commerce, Economic Development and
Small Business
AN ACT to amend the economic development law, in relation to the New
York state biomedical and biotechnological translational research and
entrepreneurship initiative
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Legislative intent. The legislature hereby finds and
2 declares that a coordinated program of research, entrepreneurship, and
3 public-private partnerships and collaborations centered in and with the
4 state's public and private medical schools can significantly increase
5 the speed and amount of commercialization of research from lab to
6 market, materially expanding economic and job opportunities for all New
7 Yorkers in this high growth sector and increasing the likelihood of high
8 impact healthcare breakthroughs, which will improve the health and well-
9 being of New Yorkers and potentially reduce health care costs.
10 The legislature further finds that although New York state's biomedi-
11 cal and biotechnological research and infrastructure includes many of
12 the nation's top institutions, researchers and scientists, and has many
13 natural advantages compared to other states, development has lagged
14 behind the nation as a whole and many states in job growth and economic
15 activity for a decade; and further, that as other states make signif-
16 icant and targeted investments to recruit top tier scientists and
17 researchers, and develop incentives that are creating rapid growth, the
18 gap between New York and other states will increase, along with a poten-
19 tial migration of scientific and research talent to other states in
20 search of opportunity and professional advancement.
21 The legislature further finds that recent changes that have made New
22 York's economic development programs more sophisticated and competitive
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04542-01-5
S. 4053 2
1 can be combined with other statutory approaches and precedents to
2 support and incentivize an effective plan for development of biomedical
3 and biotechnological entrepreneurship by and through the medical schools
4 in this state, and declares that the program enacted by this act will
5 expand economic activity and job development; maintain and attract high
6 quality scientists and researchers; increase resources available to the
7 schools and researchers from grants, private investments, patents,
8 royalties, and licensure, and leverage significant partnerships with
9 public and private entities; enhance our scientific and research capa-
10 bilities; and increase the speed of commercialization of research and
11 the expansion of economic opportunity, which are in every sense to the
12 benefit of the people of this state.
13 S 2. The economic development law is amended by adding a new article
14 22 to read as follows:
15 ARTICLE 22
16 THE NEW YORK STATE BIOMEDICAL AND BIOTECHNOLOGICAL
17 TRANSLATIONAL RESEARCH AND ENTREPRENEURSHIP INITIATIVE
18 SECTION 441. SHORT TITLE.
19 442. DEFINITIONS.
20 443. NEW YORK STATE BIOMEDICAL AND BIOTECHNOLOGICAL TRANSLATION-
21 AL RESEARCH AND ENTREPRENEURSHIP INITIATIVE COMMITTEE.
22 444. APPLICATION FOR DESIGNATION AS A NEW YORK STATE BIOMEDICAL
23 AND BIOTECHNOLOGICAL TRANSLATIONAL RESEARCH AND ENTRE-
24 PRENEURSHIP INITIATIVE CENTER.
25 445. REVIEW AND APPROVAL OF APPLICATIONS.
26 446. WAIVER IN CERTAIN CASES.
27 447. OPERATION AND RE-DESIGNATION OF NEW YORK STATE BIOMEDICAL
28 AND BIOTECHNOLOGICAL TRANSLATIONAL RESEARCH AND ENTRE-
29 PRENEURSHIP INITIATIVE CENTERS.
30 448. SCIENTIFIC RESEARCH AND DISCOVERY BANK PROGRAM.
31 449. UNIFIED CONTRACT.
32 S 441. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
33 THE "NEW YORK STATE BIOMEDICAL AND BIOTECHNOLOGICAL TRANSLATIONAL
34 RESEARCH AND ENTREPRENEURSHIP INITIATIVE".
35 S 442. DEFINITIONS. AS USED IN THIS ARTICLE:
36 1. "MEDICAL SCHOOL" MEANS A PUBLIC OR PRIVATE MEDICAL SCHOOL ACCRED-
37 ITED BY THE LIAISON COMMITTEE ON MEDICAL EDUCATION OR THE COMMISSION ON
38 OSTEOPATHIC COLLEGE ACCREDITATION, OR SUCH MEDICAL SCHOOL AND AN AFFIL-
39 IATED ENTITY, LOCATED IN THIS STATE.
40 2. "NEW YORK STATE INCUBATORS" AND "NEW YORK STATE INNOVATION
41 HOTSPOTS" OR "INCUBATORS" AND "HOTSPOTS" MEAN AND REFER TO "NEW YORK
42 STATE INCUBATORS" AND "NEW YORK STATE INNOVATION HOTSPOTS" DESIGNATED
43 PURSUANT TO SECTION SIXTEEN-V OF THE URBAN DEVELOPMENT CORPORATION ACT.
44 3. "PEER REVIEW COMMITTEE" MEANS THE PEER REVIEW COMMITTEE CREATED BY
45 THE DEPARTMENT AND THE DEPARTMENT OF HEALTH, CONSISTING OF SCIENTIFIC
46 AND RESEARCH EXPERTS IN BIOMEDICAL AND BIOTECHNOLOGICAL DEVELOPMENT, AND
47 COMPANY REPRESENTATIVES AT THE EXECUTIVE OFFICER LEVEL ENGAGED IN MAKING
48 DEVELOPMENT, FINANCING, AND COMMERCIALIZATION OF BIOMEDICAL AND BIOTECH-
49 NOLOGICAL RESEARCH.
50 4. "PLAN" MEANS THE MULTI-YEAR PLAN THAT ACCOMPANIES THE APPLICATION
51 OF A MEDICAL SCHOOL TO BECOME A NEW YORK STATE BIOMEDICAL AND BIOTECHNO-
52 LOGICAL TRANSLATIONAL RESEARCH AND ENTREPRENEURSHIP INITIATIVE CENTER.
53 5. "PROJECT" IS THE EXECUTION OF AN APPROVED PLAN BY A NEW YORK STATE
54 BIOMEDICAL AND BIOTECHNOLOGICAL TRANSLATIONAL RESEARCH AND ENTREPRENEUR-
55 SHIP INITIATIVE CENTER.
S. 4053 3
1 6. "START-UP NY" PROGRAM MEANS THE START-UP PROGRAM AUTHORIZED PURSU-
2 ANT TO ARTICLE TWENTY-ONE OF THIS CHAPTER, AND THE "TAX-FREE NY AREA"
3 HAS THE SAME MEANING AS IN ARTICLE TWENTY-ONE OF THIS CHAPTER.
4 7. "STATE INITIATIVE COMMITTEE" OR "STATE COMMITTEE" MEANS THE BIOMED-
5 ICAL AND BIOTECHNOLOGICAL TRANSLATIONAL RESEARCH AND ENTREPRENEURSHIP
6 INITIATIVE COMMITTEE CREATED BY SECTION FOUR HUNDRED FORTY-THREE OF THIS
7 ARTICLE.
8 8. "TRANSLATIONAL RESEARCH AND ENTREPRENEURSHIP CENTER" OR "CENTER" IS
9 THE NEW YORK STATE BIOMEDICAL AND BIOTECHNOLOGICAL TRANSLATIONAL
10 RESEARCH AND ENTREPRENEURSHIP INITIATIVE CENTER CREATED AT A MEDICAL
11 SCHOOL PURSUANT TO THIS ARTICLE.
12 9. "UNIFIED CONTRACT" IS THE CONTRACT BETWEEN THE DEPARTMENT AND A
13 MEDICAL SCHOOL THAT INCLUDES ALL ITEMS NECESSARY TO THE IMPLEMENTATION
14 AND ADMINISTRATION OF THE NEW YORK STATE BIOMEDICAL AND BIOTECHNOLOGICAL
15 TRANSLATIONAL RESEARCH AND ENTREPRENEURSHIP INITIATIVE PROJECT AS
16 DESCRIBED IN THIS ARTICLE BY A CENTER.
17 S 443. NEW YORK STATE BIOMEDICAL AND BIOTECHNOLOGICAL TRANSLATIONAL
18 RESEARCH AND ENTREPRENEURSHIP INITIATIVE COMMITTEE. THE NEW YORK STATE
19 BIOMEDICAL AND BIOTECHNOLOGICAL TRANSLATIONAL RESEARCH AND ENTREPRENEUR-
20 SHIP INITIATIVE COMMITTEE IS HEREBY CREATED, TO CONSIST OF THE COMMIS-
21 SIONERS OF THE DEPARTMENTS OF HEALTH, EDUCATION, ECONOMIC DEVELOPMENT,
22 LABOR, TAX AND FINANCE, THE CHANCELLOR OF THE STATE UNIVERSITY OF NEW
23 YORK, THE CHANCELLOR OF THE CITY UNIVERSITY OF NEW YORK, THE PRESIDENT
24 OF THE EMPIRE STATE DEVELOPMENT CORPORATION, THE DIRECTOR OF THE DIVI-
25 SION OF THE BUDGET, AND THE STATE COMPTROLLER. THE COMMITTEE SHALL BE
26 CHAIRED BY THE COMMISSIONER OF ECONOMIC DEVELOPMENT, AND CO-CHAIRED BY
27 THE COMMISSIONER OF HEALTH. COMMISSIONERS MAY BE REPRESENTED BY DESIG-
28 NEES AT MEETINGS OF THE COMMITTEE.
29 1. POWERS AND DUTIES. THE COMMITTEE SHALL:
30 (A) ESTABLISH GUIDELINES APPROPRIATE TO THE ACTIVITIES REQUIRED UNDER
31 THIS ARTICLE.
32 (B) DESIGNATE AS NEW YORK STATE BIOMEDICAL AND BIOTECHNOLOGICAL TRAN-
33 SITIONAL RESEARCH AND ENTREPRENEURSHIP INITIATIVE CENTERS MEDICAL
34 SCHOOLS WHICH MEET THE CRITERIA ESTABLISHED IN THIS ARTICLE.
35 (C) APPROVE WAIVERS OF REGULATIONS AND PROCEDURES PURSUANT TO SECTION
36 FOUR HUNDRED FORTY-SEVEN OF THIS ARTICLE.
37 (D) ESTABLISH A UNIFIED CONTRACT FOR PROJECTS PURSUANT TO SECTION FOUR
38 HUNDRED FORTY-NINE OF THIS ARTICLE.
39 (E) RECEIVE AND REVIEW PERFORMANCE METRICS REPORTS FROM CENTERS.
40 (F) RE-DESIGNATE THE CENTERS EVERY FIVE YEARS PURSUANT TO THIS ARTI-
41 CLE.
42 (G) DEVELOP RESOURCES AND PROCEDURES TO AID IN COMMERCIALIZATION OF
43 RESEARCH AND FUNDING OF ENTREPRENEURIAL EFFORTS CREATED AS A RESULT OF
44 PROJECTS, INCLUDING BUT NOT LIMITED TO SUCH ACTIVITIES AS PROCUREMENT OF
45 GOODS OR SERVICES FROM COMPANIES CREATED IN THE PROJECTS; ENDORSING,
46 COLLABORATING, OR UPON REQUEST OF A CENTER, ACTING AS A CO-PRINCIPAL
47 INVESTIGATOR OR OTHER LEVEL OF PARTICIPANT ON GRANTS OR OTHER ACTIVITIES
48 THAT WILL AID IN FURTHERING PROJECT ACTIVITIES; AND SUCH OTHER ACTIV-
49 ITIES AS CAN AID RAPID COMMERCIALIZATION AS ARE PERMISSIBLE UNDER LAW.
50 (H) OVERSEE AND MAKE RECOMMENDATIONS FOR APPROVAL OF APPLICATIONS TO
51 THE SCIENTIFIC RESEARCH AND DISCOVERY BANK CREATED BY THIS ARTICLE FOR
52 THE RECRUITMENT OF OUT OF STATE AND RETENTION OF IN-STATE STAR SCIEN-
53 TISTS AND RESEARCHERS.
54 (I) UPON REQUEST, PROVIDE TECHNICAL ASSISTANCE TO APPLICANTS, AND AS
55 MAY BE NEEDED FOR SUCCESSFUL IMPLEMENTATION OF A PROJECT, INCLUDING BUT
S. 4053 4
1 NOT LIMITED TO ASSISTANCE IN IDENTIFYING AND OBTAINING RESOURCES AND
2 FUNDING.
3 (J) IDENTIFY STATUTORY REQUIREMENTS THAT THE COMMITTEE VIEWS AS IMPED-
4 IMENTS TO SUCCESSFUL IMPLEMENTATION OF APPROVED PLANS, AND AS NECESSARY,
5 SUBMIT REQUESTS TO THE LEGISLATURE IN ACCORDANCE WITH ARTICLE VII OF THE
6 STATE CONSTITUTION FOR SPECIFIC LEGISLATIVE ENACTMENTS NECESSARY TO
7 REMOVE SUCH IMPEDIMENTS.
8 (K) ENTER INTO AGREEMENTS BETWEEN AND AMONG THE MEMBERS OF THE COMMIT-
9 TEE AS NECESSARY TO DELINEATE THEIR RESPECTIVE ROLES REGARDING THE COOP-
10 ERATIVE PROVISION OF FUNDING AND ASSISTANCE.
11 2. THE COMMITTEE MAY ACT THROUGH ITS CHAIRS IN ALL MATTERS OF OVER-
12 SIGHT AND IMPLEMENTATION OF THE PROGRAM AUTHORIZED BY THIS ARTICLE.
13 S 444. APPLICATION FOR DESIGNATION AS A NEW YORK STATE BIOMEDICAL AND
14 BIOTECHNOLOGICAL TRANSLATIONAL RESEARCH AND ENTREPRENEURSHIP INITIATIVE
15 CENTER. IN RESPONSE TO A REQUEST FOR PROPOSALS, A MEDICAL SCHOOL OR A
16 MEDICAL SCHOOL AND AN AFFILIATED ENTITY MAY APPLY FOR FUNDING AND DESIG-
17 NATION AS A NEW YORK STATE BIOMEDICAL AND BIOTECHNOLOGICAL TRANSLATIONAL
18 RESEARCH AND ENTREPRENEURSHIP INITIATIVE CENTER BY SUBMITTING AN APPLI-
19 CATION AND PLAN TO THE COMMISSIONER. THE COMMISSIONER SHALL FORWARD ALL
20 SUCH APPLICATIONS TO THE PEER REVIEW COMMITTEE FOR REVIEW AND RECOMMEN-
21 DATION AS HEREIN PROVIDED, AND THEN TO THE STATE COMMITTEE. IN ADDITION
22 TO SUCH OTHER ITEMS, WARRANTIES, AND INFORMATION AS THE STATE INITIATIVE
23 COMMITTEE MAY REQUIRE, PLANS MUST SHOW THAT THE ACTIVITIES TO BE UNDER-
24 TAKEN WILL COMMERCIALIZE RESEARCH FROM LAB TO MARKETPLACE, DEMONSTRATE
25 THAT THE CENTER MEETS THE MATCHING FUNDS AND ENTREPRENEUR RELATIONSHIP
26 REQUIREMENTS HEREUNDER, AND MEET A MAJORITY OF THE REMAINDER OF THE
27 FOLLOWING ITEMS:
28 1. COMMITMENT: A MULTI-YEAR COMMITMENT TO IMPLEMENT THE PLAN, OVER A
29 PERIOD OF NOT LESS THAN FIVE YEARS, DEMONSTRATED BY A COMMITMENT OF
30 RESOURCES, PERSONNEL, AND FUNDS THAT THE SCHOOL WILL USE, DIRECTLY OR
31 THROUGH PARTNERSHIPS AND COLLABORATIONS, TO PROVIDE AND/OR INCENTIVIZE
32 AN INTEGRATED PROGRAM OF RESEARCH, EDUCATION, CLINICAL PRACTICE, ENTRE-
33 PRENEURSHIP, FINANCING, PARTNERSHIPS, AND RAPID COMMERCIALIZATION OF
34 RESEARCH. SUCH DEMONSTRATION MAY ALSO INCLUDE CAPITAL INVESTMENTS MADE
35 OR PLANNED FOR NEW OR REHABILITATED RESEARCH OR LABORATORY SPACE,
36 CONTINUED SUPPORT FOR ACTIVITIES AFTER THE CONCLUSION OF THE PROJECT,
37 AND OTHER ACTIVITIES DEMONSTRATING COMMITMENT.
38 2. RESOURCES: A DESCRIPTION OF THE ACTIONS AND RESOURCES NECESSARY TO
39 MEET THE PLAN OBJECTIVES OVER ITS DURATION; A DEMONSTRATION THAT THE
40 MEDICAL SCHOOL HAS OR IS DEVELOPING OPERATIONAL CLINICAL FACILITIES AND
41 EXPERTISE OR EVIDENCE OF BONA FIDE COLLABORATIONS AND PARTNERSHIPS THAT
42 CAN PROVIDE SUCH FACILITIES AND EXPERTISE TO SUCCESSFULLY IMPLEMENT THE
43 PLAN; A DEMONSTRATION THAT THE PROJECT WILL HAVE A PROFESSIONAL MANAGE-
44 MENT TEAM WITH EXPERIENCE, EXPERTISE, OR CREDENTIALS IN AREAS INCLUDING
45 BUT NOT LIMITED TO MANAGEMENT, ENTREPRENEURSHIP, BUSINESS DEVELOPMENT,
46 OR OTHER EQUIVALENT AREAS. THE DEMONSTRATION MAY INCLUDE RECRUITMENT
47 PLANS OR COMMITMENTS FOR HIGH LEVEL RESEARCH PROFESSIONALS, INCLUDING
48 HOW THE SCHOOL WOULD MAKE USE OF THE SCIENTIFIC RESEARCH AND DISCOVERY
49 BANK.
50 3. ENTREPRENEURIAL AND RESEARCH COLLABORATIONS: EVIDENCE OF BONA FIDE
51 ENTREPRENEURIAL RELATIONSHIPS WITH ONE OR MORE INCUBATORS OR HOTSPOTS,
52 AND RESEARCH COLLABORATIONS WITH OTHER ENTITIES INCLUDING BUT NOT LIMIT-
53 ED TO OTHER RESEARCH INSTITUTIONS, PHARMACEUTICAL AND BIOMEDICAL AND
54 BIOTECHNOLOGY COMPANIES.
55 4. LEVERAGED AND APPLIED FUNDING: A DEMONSTRATION THAT THE SCHOOL
56 ALREADY POSSESSES OR HAS A COMMITMENT FOR AND WILL MAINTAIN DURING THE
S. 4053 5
1 PLAN PERIOD THE REQUIRED FUNDING MATCH RATIO OF AT LEAST TWO DOLLARS FOR
2 EVERY STATE DOLLAR PROVIDED PURSUANT TO THIS ARTICLE TO AN APPROVED
3 PLAN, AND HOW THE SCHOOL WILL USE OTHER RESOURCES, PARTNERSHIPS, AND
4 COLLABORATIONS TO AID DIRECTLY OR INDIRECTLY IN ACTIVITIES CRITICAL TO
5 THE COMMERCIALIZATION OF RESEARCH. INSOFAR AS PRACTICABLE, SUCH MATCHING
6 FUNDS SHOULD NOT CONSIST OF DIRECT STATE GRANTS FROM THE DEPARTMENT OR
7 FROM ANOTHER STATE AGENCY OR STATE PUBLIC AUTHORITY, PROVIDED THAT NOTH-
8 ING IN THIS SUBDIVISION SHALL BE DEEMED TO PROHIBIT A MEDICAL SCHOOL OF
9 THE STATE UNIVERSITY OF NEW YORK WHICH HAS BEEN DESIGNATED AS A CENTER
10 FROM USING A PORTION OF ITS OPERATING FUNDS AS MATCHING FUNDS.
11 5. ADDITIONAL PLANS AND PROGRAMS: OTHER PLANS AND PROGRAMS INTEGRAL TO
12 THE SUCCESSFUL EXECUTION OF THE PROJECT, INCLUDING BUT NOT LIMITED TO
13 PATENT AND INTELLECTUAL PROPERTY PLANS, TRAINING AND EDUCATIONAL
14 PROGRAMS, AND EDUCATIONAL INTEGRATION WITH RESEARCH AND CLINICAL ACTIV-
15 ITIES.
16 6. COMMUNITY SUPPORT: A DEMONSTRATION OF COMMUNITY SUPPORT FROM BUSI-
17 NESS AND GOVERNMENT LEADERS AND ORGANIZATIONS.
18 7. BEST PRACTICES: A DEMONSTRATION THAT THE MEDICAL SCHOOL HAS OR WILL
19 ADOPT BEST PRACTICES AND USE OF MULTI-YEAR METRICS FOR PERFORMANCE, AND
20 THAT IT WILL REPORT DATA AS REQUESTED OR REQUIRED TO THE DEPARTMENT AND
21 THE STATE INITIATIVE COMMITTEE.
22 8. PERFORMANCE METRICS: ANTICIPATED ANNUAL AND CUMULATIVE OUTCOMES OF
23 THE PROJECT IN TERMS OF DIRECT, INDIRECT, AND RETAINED JOBS, INVESTMENT,
24 AND ECONOMIC AND OTHER ACTIVITY, STATED IN A SPECIFIC AND MEASURABLE
25 WAY, AND RESEARCH FINDINGS AND PROGRESS.
26 9. ADVISORY COUNCIL: AN ADVISORY COUNCIL OF FIVE MEMBERS OR MORE THAT
27 INCLUDES ONE OR MORE EXECUTIVE OFFICERS OF FIRMS THAT HAVE BEEN CREATED
28 FROM RESEARCH AT THE SCHOOL, AND INDIVIDUALS WITH EXPERTISE IN AREAS
29 APPROPRIATE TO THE SPECIFIC DEVELOPMENTAL SECTOR OR CONCENTRATION OF
30 CLIENTS, OR TO BIOMEDICAL AND BIOTECHNOLOGICAL RESEARCH AND DEVELOPMENT,
31 AND TO THE MISSION AND GOAL OF THE PROJECT.
32 S 445. REVIEW AND APPROVAL OF APPLICATIONS. REVIEW OF APPLICATIONS
33 SHALL TAKE PLACE AS FOLLOWS:
34 1. THE COMMISSIONER SHALL REVIEW APPLICATIONS AND PLANS RECEIVED FOR
35 COMPLETENESS, AND THEN FORWARD THEM TO THE PEER REVIEW COMMITTEE. NO
36 PLAN SHALL BE APPROVED BY THE STATE INITIATIVE COMMITTEE THAT HAS
37 RECEIVED A DESIGNATION OF NOT RECOMMENDED FOR FURTHER CONSIDERATION
38 (NRFC) BY THE PEER REVIEW COMMITTEE. NO PLANS SHALL BE FORWARDED BY THE
39 COMMISSIONER TO EITHER COMMITTEE THAT REQUIRE THAT FUNDS MADE AVAILABLE
40 PURSUANT TO THIS ARTICLE SHALL BE DIRECTLY OR INDIRECTLY UTILIZED FOR
41 RESEARCH INVOLVING HUMAN REPRODUCTIVE CLONING.
42 2. THE MEMBERS OF THE PEER REVIEW COMMITTEE SHALL BE SELECTED BY THE
43 CHAIR AND THE CO-CHAIR OF THE STATE INITIATIVE COMMITTEE USING GUIDE-
44 LINES APPROVED BY SUCH COMMITTEE, WHICH SHALL INCLUDE REQUIREMENTS
45 CONCERNING EXPERTISE AND AVOIDANCE OF CONFLICT OF INTEREST. IF NECESSARY
46 AND DEEMED APPROPRIATE BY THE STATE INITIATIVE COMMITTEE, PLANS MAY BE
47 SUBMITTED BLIND TO THE PEER REVIEW PANEL. PEER REVIEW PANELS SHALL
48 INCLUDE A MINIMUM OF FIVE MEMBERS.
49 3. THE PEER REVIEW COMMITTEE SHALL REVIEW AND SCORE PLANS BASED ON THE
50 FOLLOWING CRITERIA:
51 (A) SCIENTIFIC AND TECHNICAL MERIT;
52 (B) THE LEVEL OF SCIENTIFIC KNOWLEDGE, TECHNICAL CAPABILITY, AND/OR
53 CLINICAL PRACTICE AND OTHER NECESSARY PLAN COMPONENTS THAT WOULD BE
54 REQUIRED TO BE HOUSED AT THE MEDICAL SCHOOL, INCLUDING IMPROVEMENTS THAT
55 MAY BE ANTICIPATED BASED ON THE PLAN;
S. 4053 6
1 (C) THE SUITABILITY OF PRINCIPAL INVESTIGATIONS, COLLABORATORS, AND
2 OTHER RESEARCHERS TO THE PROJECT, INCLUDING THE EXPERIENCE AND TRAINING
3 OF STAFF AND COLLABORATORS;
4 (D) THE ONGOING RECORD OF ACCOMPLISHMENTS AND INTEGRATED EXPERTISE AT
5 THE SCHOOL OR AS PROPOSED IN THE PLAN, INCLUDING LEADERSHIP APPROACH,
6 GOVERNANCE AND ORGANIZATIONAL STRUCTURE;
7 (E) PLANS FOR PROTECTION OF HUMAN SUBJECTS;
8 (F) THE SCIENTIFIC ENVIRONMENT IN WHICH THE WORK WILL BE DONE;
9 (G) APPROPRIATENESS OF INSTITUTIONAL SUPPORT, EQUIPMENT, AND OTHER
10 PHYSICAL RESOURCES; AND
11 (H) SUCH OTHER INFORMATION AS THE STATE INITIATIVE COMMITTEE SHALL
12 REQUIRE.
13 4. AN APPLICATION RECEIVING A LOW SCORE BY THE PEER REVIEW COMMITTEE
14 BASED ON THE CRITERIA IN SUBDIVISION THREE OF THIS SECTION, OR WHICH
15 LACKS SIGNIFICANT AND SUBSTANTIAL MERIT, OR WHICH PRESENTS IN THE VIEW
16 OF THE PEER REVIEW COMMITTEE SERIOUS ETHICAL PROBLEMS IN THE PROTECTION
17 OF HUMAN SUBJECTS FROM RESEARCH RISKS, OR OTHER SERIOUS ETHICAL PROB-
18 LEMS, SHALL BE DESIGNATED NOT RECOMMENDED FOR FURTHER CONSIDERATION
19 (NRFC). SUCH PLANS SHALL BE RETURNED TO THE COMMISSIONER AND BY THE
20 COMMISSIONER TO THE STATE INITIATIVE COMMITTEE WITH WRITTEN RECOMMENDA-
21 TIONS FOR CHANGE.
22 5. THE STATE INITIATIVE COMMITTEE SHALL REVIEW AND SCORE PLANS BASED
23 ON THE CATEGORIES REQUIRED IN THE APPLICATION PURSUANT TO SECTION FOUR
24 HUNDRED FORTY-FOUR OF THIS ARTICLE, AND SHALL ADDITIONALLY CONSIDER THE
25 FOLLOWING:
26 (A) THE ANTICIPATED EFFECTIVENESS OF THE PLAN AS EVIDENCED BY THE
27 EXISTENCE OF AVAILABLE RESOURCES DEDICATED TO THE PLAN AND THE COMMIT-
28 MENT OF THE MEDICAL SCHOOL;
29 (B) THE ABILITY OF THE APPLICANT TO UNDERTAKE AND COMPLETE THE PLAN,
30 THE FEASIBILITY OF MEETING THE METRICS AND GOALS PROVIDED FOR DETERMIN-
31 ING THE SUCCESS OF THE PLAN, THE DURABILITY AND EXTENT OF THE RELATION-
32 SHIPS WITH INCUBATORS AND HOTSPOTS, AND WITH START-UP NY PROJECTS, AND
33 WITH PRIVATE AND OTHER PUBLIC COLLABORATORS;
34 (C) THE ABILITY OF THE APPLICANT TO PROVIDE THE NECESSARY DATA FOR AN
35 EFFECTIVE EVALUATION OF THE PROJECT;
36 (D) THE AMOUNT OF FEDERAL AND PRIVATE GRANTS, OR OTHER RESOURCES THAT
37 WILL BE INCENTIVIZED AND MADE AVAILABLE TO THE SCHOOL TO ASSIST IN FUND-
38 ING OF THE PROJECT; AND
39 (E) SUCH OTHER MEASURABLE CRITERIA AS SHALL BE DETERMINED BY THE
40 COMMITTEE.
41 6. PLANS DESIGNATED AS NOT RECOMMENDED FOR FURTHER CONSIDERATION
42 (NRFC) BY THE PEER REVIEW COMMITTEE OR THE STATE INITIATIVE COMMITTEE
43 SHALL BE RETURNED TO THE APPLICANT WITH ANY RECOMMENDATIONS FOR AMEND-
44 MENT AND MAY BE RESUBMITTED IN THE FOLLOWING YEAR.
45 7. THE STATE INITIATIVE COMMITTEE SHALL REVIEW THE APPLICATIONS AND
46 PLANS SUBMITTED TO IT AND RECOMMEND CHANGES AND DETERMINE FUNDING LEVELS
47 AND SOURCES TO BE INCLUDED IN THE UNIFIED CONTRACT, PROVIDED THAT NOT
48 MORE THAN FORTY PERCENT OF FUNDS, APPROPRIATED PURSUANT TO THIS ARTICLE
49 SHALL BE USED FOR ANY SINGLE PROJECT IN ANY YEAR. INSOFAR AS PRACTICABLE
50 IN APPROVING APPLICATIONS, THE COMMITTEE SHALL SEEK TO PROVIDE A
51 GEOGRAPHICALLY BALANCED DISTRIBUTION AMONG THE REGIONS OF THE STATE IN
52 DESIGNATING NEW YORK STATE BIOMEDICAL AND BIOTECHNOLOGICAL TRANSLATIONAL
53 RESEARCH AND ENTREPRENEURSHIP INITIATIVE CENTERS.
54 8. AS SOON AS PRACTICABLE AFTER APPROVING AN APPLICATION THE COMMITTEE
55 SHALL NOTIFY THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF
56 THE ASSEMBLY OF ITS APPROVAL. SUCH NOTIFICATION SHALL IDENTIFY THE
S. 4053 7
1 RECIPIENT AND STATE THE PROPOSED LOCATION, THE ESTIMATED PROJECT FUNDING
2 AND AWARD AND PROVIDE A BRIEF DESCRIPTION OF THE PROJECT.
3 S 446. WAIVER IN CERTAIN CASES. TO PROMOTE INNOVATIVE APPROACHES AND
4 MAXIMIZE EFFECTIVE USE OF PUBLIC MONIES AND THE LIKELIHOOD OF SUCCESS IN
5 OPERATION OF APPROVED NEW YORK STATE BIOMEDICAL AND BIOTECHNOLOGICAL
6 TRANSLATIONAL RESEARCH AND ENTREPRENEURSHIP INITIATIVE CENTERS, AND
7 NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE COMMISSIONER OR DIRECTOR
8 OF ANY STATE AGENCY THAT IS A MEMBER OF THE STATE INITIATIVE COMMITTEE
9 MAY WAIVE, UPON APPLICATION BY SUCH CENTER AND SUBJECT TO THE APPROVAL
10 OF THE STATE INITIATIVE COMMITTEE AND THE DIRECTOR OF THE BUDGET, ANY OF
11 SUCH AGENCY'S REGULATORY OR PROCEDURAL REQUIREMENTS THAT MAY IMPEDE THE
12 SUCCESSFUL IMPLEMENTATION OF A PROJECT UNDERTAKEN BY THE CENTER,
13 PROVIDED THAT SUCH WAIVER IS CONSISTENT WITH APPLICABLE STATE AND FEDER-
14 AL STATUTES AND WILL NOT IMPAIR THE GENERAL HEALTH OR WELFARE OF THE
15 PEOPLE RECEIVING SERVICES UNDER SUCH PROJECT OR OTHERS. SUCH COMMISSION-
16 ER OR DIRECTOR SHALL BE AUTHORIZED, IN CONSULTATION WITH THE DIRECTOR OF
17 THE BUDGET, TO IMPOSE APPROPRIATE ALTERNATIVE STANDARDS IN PLACE OF ANY
18 WAIVED REQUIREMENTS.
19 S 447. OPERATION AND RE-DESIGNATION OF NEW YORK STATE BIOMEDICAL AND
20 BIOTECHNOLOGICAL TRANSLATIONAL RESEARCH AND ENTREPRENEURSHIP INITIATIVE
21 CENTERS. IN ADDITION TO ANY OTHER REQUIREMENTS OF THIS ARTICLE, A CENTER
22 WILL AGREE TO PROVIDE DATA SHOWING ITS SUCCESS IN MEETING PROJECT PLAN
23 GOALS, INCLUDING YEAR BY YEAR COMPARISON OF RESEARCH ACTIVITY AND
24 COMMERCIALIZATION THEREOF, FIRM FINANCING AND EQUITY CAPITAL RAISED,
25 PROVIDED OR LEVERAGED FROM ALL SOURCES, PERSONNEL EMPLOYED ON THE
26 PROJECT, AND JOBS CREATED BY AND THROUGH THE PROJECT. THE DEPARTMENT
27 SHALL DESIGN SIMPLIFIED FORMS TO AID IN THE SUBMISSION OF SUCH DATA,
28 WHICH MAY BE SUBMITTED ELECTRONICALLY.
29 THE CHAIRS OF THE STATE INITIATIVE COMMITTEE SHALL EVALUATE AND REPORT
30 ON THE OPERATIONS OF THE CENTER USING METHODS INCLUDING BUT NOT LIMITED
31 TO SITE VISITS, REPORTS PURSUANT TO SPECIFIC INFORMATION, AND REVIEW
32 EVALUATIONS. IF THE CHAIRS DETERMINE THE PROJECT IS NOT PROGRESSING AS
33 AGREED, THE CENTER WILL BE NOTIFIED OF DEFICIENCIES AND THE CENTER SHALL
34 REMEDY ANY DEFICIENCIES IN ITS OPERATIONS IN A TIMELY MANNER. SUCH EVAL-
35 UATIONS SHALL TAKE PLACE NO LESS THAN ONCE EVERY THREE YEARS OR MORE
36 OFTEN FOR ANY INDIVIDUAL CENTER AT THE DISCRETION OF THE CHAIRS, AND
37 SHALL RESULT IN A WRITTEN REPORT THAT INCLUDES PROGRAMMATIC AND FISCAL
38 EVALUATION OF THE PROJECT AND RECOMMENDATIONS FOR IMPROVEMENT.
39 FAILURE TO TIMELY CURE A DEFICIENCY AFTER REVIEW SHALL RESULT IN
40 DISQUALIFICATION OF THE MEDICAL SCHOOL AS A CENTER.
41 A CENTER SHALL BE DEEMED RE-DESIGNATED UPON APPLICATION EVERY FIVE
42 YEARS UNLESS IT SHALL RECEIVE A NEGATIVE EVALUATION FROM THE PEER REVIEW
43 GROUP ON ITS APPLICATION FOR RE-DESIGNATION, OR IF IT SHALL FAIL TO
44 REMEDY IDENTIFIED DEFECTS IN ITS OPERATION MADE KNOWN TO IT PURSUANT TO
45 THIS SECTION, OR IF THE STATE INITIATIVE COMMITTEE DETERMINES THAT SUCH
46 DEFECTS ARE OF SUCH A NATURE, INVOLVE FRAUD, OR ARE OF SUCH EXTENT THAT
47 THEY CANNOT BE REMEDIED.
48 S 448. SCIENTIFIC RESEARCH AND DISCOVERY BANK PROGRAM. THE SCIENTIFIC
49 RESEARCH AND DISCOVERY BANK PROGRAM IS HEREBY CREATED, WHOSE PURPOSE
50 SHALL BE TO PROVIDE FUNDS TO CENTERS FOR RECRUITMENT OF OUT OF STATE AND
51 RETENTION OF IN-STATE SCIENTISTS AND RESEARCHERS NECESSARY TO THE
52 SUCCESSFUL IMPLEMENTATION OF APPROVED PROJECTS. MONIES SHALL BE MADE
53 AVAILABLE TO CENTERS FROM FUNDS APPROPRIATED FOR THE PURPOSES OF THIS
54 ARTICLE, AFTER REVIEW AND UPON APPROVAL BY THE STATE INITIATIVE COMMIT-
55 TEE PURSUANT TO A PLAN SUBMITTED BY A CENTER. SUCH PLAN MAY BE SUBMITTED
56 AT THE TIME OF THE APPLICATION OR AT ANY TIME DURING THE IMPLEMENTATION
S. 4053 8
1 OF THE MULTI-YEAR APPROVED PLAN AND MUST DEMONSTRATE TO THE SATISFACTION
2 OF THE COMMITTEE THAT THE CENTER HAS OR WILL HAVE DURING THE PERIOD OF
3 THE GRANT A MATCH OF TWO DOLLARS FOR EVERY STATE DOLLAR PROVIDED PURSU-
4 ANT TO THIS SECTION. PLANS MUST SHOW THE TIMELINE AND USAGE OF FUNDS
5 REQUIRED AND SUCH OTHER INFORMATION AS THE COMMITTEE SHALL REQUIRE,
6 INCLUDING: THE NEED FOR SUCH FUNDS AND THE MANNER IN WHICH SUCH AWARD
7 WOULD ENHANCE THE RESEARCH CAPABILITIES OF THE CENTER NECESSARY TO
8 SUCCESSFUL IMPLEMENTATION OF THE PROJECT PLAN; THE ABILITY OF THE
9 RESEARCHER TO LEVERAGE AND ATTRACT FEDERAL FUNDS, VENTURE CAPITAL AND
10 PRIVATE INDUSTRY FUNDS; AND THE WILLINGNESS OF SUCH RESEARCHER TO PURSUE
11 ENTREPRENEURIAL ENTERPRISES RESULTING IN NEW BUSINESS OR THE EXPANSION
12 OF EXISTING BUSINESS IN THIS STATE. THE COMMITTEE SHALL ESTABLISH A
13 SCHEDULE FOR PAYMENT OF THE AWARD. FUNDS PROVIDED PURSUANT TO THIS
14 SECTION MUST BE APPLIED DIRECTLY TO NECESSARY EXPENSES FOR RECRUITMENT
15 AND RETENTION OF SCIENTISTS AND RESEARCHERS, AND MAY NOT BE USED FOR
16 INDIRECT OR OTHER OVERHEAD COSTS OF THE MEDICAL SCHOOL. INSOFAR AS PRAC-
17 TICABLE, SUCH MATCHING FUNDS SHOULD NOT CONSIST OF DIRECT STATE GRANTS
18 FROM THE DEPARTMENT OR FROM ANOTHER STATE AGENCY OR STATE PUBLIC AUTHOR-
19 ITY, PROVIDED THAT NOTHING IN THIS SECTION SHALL BE DEEMED TO PROHIBIT A
20 MEDICAL SCHOOL OF THE STATE UNIVERSITY OF NEW YORK WHICH HAS BEEN DESIG-
21 NATED AS A CENTER FROM USING A PORTION OF ITS OPERATING FUNDS AS MATCH-
22 ING FUNDS. FUNDS USED FOR MATCH MAY INCLUDE REASONABLE ADMINISTRATIVE
23 COSTS ASSOCIATED WITH OUT OF STATE RECRUITMENT OR IN-STATE RETENTION.
24 S 449. UNIFIED CONTRACT. THE COMMISSIONER ON BEHALF OF THE STATE
25 INITIATIVE COMMITTEE SHALL ENTER INTO A UNIFIED CONTRACT WITH EACH
26 CENTER. THE PROVISIONS OF SUCH CONTRACT SHALL INCLUDE, BUT NOT BE LIMIT-
27 ED TO: A DESCRIPTION OF PROJECT SERVICES AND ACTIVITIES; THE PLAN;
28 ALLOWABLE PROJECT COSTS; SPECIFIC SOURCES OF FUNDS THAT WILL SUPPORT THE
29 APPROVED COSTS, INCLUDING GOVERNMENTAL AND NON-GOVERNMENTAL FUNDS OR
30 REVENUES THAT ARE PROPOSED TO BE USED IN SUPPORT OF PROJECT COSTS; AND
31 THE ALLOCATION OF COSTS BY FUNDING SOURCE. THE FORM OF SUCH UNIFIED
32 CONTRACT SHALL BE DEVELOPED IN CONSULTATION WITH THE DIVISION OF THE
33 BUDGET AND THE OFFICE OF STATE COMPTROLLER. THE COMPTROLLER IS AUTHOR-
34 IZED PURSUANT TO A CERTIFICATE OF ALLOCATION SUBMITTED BY THE DIVISION
35 OF THE BUDGET TO INTERCHANGE OR TRANSFER FROM APPROPRIATIONS MADE TO THE
36 AGENCIES OF THE COMMITTEE OR ANY OTHER APPROPRIATION, AS APPROPRIATE,
37 SUCH AMOUNTS AS MAY BE REQUIRED TO FULFILL THE OBLIGATIONS OF THE STATE
38 PURSUANT TO SUCH UNIFIED CONTRACTS FOR PAYMENTS OF SUCH OBLIGATIONS. THE
39 DIVISION OF THE BUDGET SHALL PROVIDE THE CHAIRS OF THE SENATE FINANCE
40 COMMITTEE AND THE ASSEMBLY WAYS AND MEANS COMMITTEE WITH QUARTERLY
41 REPORTS OF ALL INTERCHANGES AND TRANSFERS WHICH OCCUR PURSUANT TO THIS
42 SUBDIVISION.
43 1. ALLOWABLE COSTS FOR A PROJECT SHALL INCLUDE, BUT NOT BE LIMITED TO
44 COSTS REASONABLY INCURRED FOR:
45 (A) PREPARATION OF THE PLAN;
46 (B) ACTIVITIES AS APPROVED IN THE PROJECT APPLICATION;
47 (C) EVALUATION OF THE APPROVED PROJECT; AND
48 (D) RENOVATIONS TO EXISTING STRUCTURES AS MAY BE NEEDED IN FURTHERANCE
49 OF THE PLAN, EXCEPT THAT IN NO CASE SHALL THE STATE SUPPORT OF SUCH
50 COSTS EXCEED EITHER TWENTY-FIVE PERCENT OF THE AMOUNT TO BE PROVIDED
51 PURSUANT TO THE CONTRACT OR FIFTY PERCENT OF THE TOTAL RENOVATION COSTS,
52 WHICHEVER IS LESS.
53 2. FUNDING MADE AVAILABLE PURSUANT TO THIS ARTICLE SHALL NOT BE USED
54 TO SUPPLANT OTHER FUNDS FOR OPERATIONS OR PROJECTS OF A CENTER.
55 IN ADDITION TO THE FOREGOING REQUIREMENTS, A CENTER SHALL AGREE TO
56 DEDICATE ALL FUNDS FROM ANY SUPPORT RECEIVED PURSUANT TO THIS ARTICLE,
S. 4053 9
1 EXCEPT FOR FUNDS RECEIVED PURSUANT TO PARAGRAPH (D) OF SUBDIVISION ONE
2 OF THIS SECTION, TO OPERATIONS OF THE CENTER WITHOUT DEDUCTIONS FOR
3 OVERHEAD, INDIRECT COSTS, OR FACILITIES AND ADMINISTRATION CHARGES OF
4 THE MEDICAL SCHOOL, AND TO LIMIT TO TEN PERCENT OR LESS THE ALLOCATION
5 OF FUNDS RECEIVED THROUGH THIS ARTICLE TO ADMINISTRATIVE COSTS OF THE
6 CENTER.
7 S 3. This act shall take effect on the first of September next
8 succeeding the date on which it shall have become a law.
