Bill Text: NY S08200 | 2015-2016 | General Assembly | Introduced
Bill Title: Creates the New York state center for the expansion of nanoscale science and engineering.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-09-28 - REFERRED TO RULES [S08200 Detail]
Download: New_York-2015-S08200-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8200 IN SENATE September 28, 2016 ___________ Introduced by Sen. LAVALLE -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the public authorities law, in relation to creating the New York state center for the expansion of nanoscale science and engi- neering The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Statement of legislative findings and declaration. The 2 legislature hereby recognizes that the continued growth and development 3 of the nanotechnology industry is of vital importance to the economic 4 well-being of the state and its citizens. The State University of New 5 York's (SUNY) Polytechnic Institute (SUNY Polytechnic) is an innovative 6 global education, research, development and technology deployment 7 resource that has attracted more than $43 billion in high-tech invest- 8 ments. Its location enables it to play a significant role in the revi- 9 talization of upstate New York. 10 The legislature also finds that strengthening the governance of this 11 innovative hub would further serve the economic interest of the upstate 12 New York region and the state as a whole. Currently SUNY Polytechnic, 13 including its research and development initiatives, are overseen by the 14 17-member SUNY Board of Trustees and a council of 10 members. SUNY Poly- 15 technic, however, is unlike any other state-operated institution because 16 of its niche focus on high technology education and commercialization. 17 Therefore, the legislature finds that SUNY Polytechnic would benefit 18 from the establishment of a quasi-governmental entity that would utilize 19 its flexible structure to focus on fostering the growth of nanotechnolo- 20 gy research and development. 21 § 2. Article 10-A of the public authorities law is amended by adding a 22 new title 3 to read as follows: 23 TITLE 3 24 NEW YORK STATE CENTER FOR THE EXPANSION OF NANOSCALE SCIENCE AND 25 ENGINEERING 26 Section 3170. Definitions. 27 3171. Creation; governance; board of directors. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14201-02-6S. 8200 2 1 3172. Purpose; powers; duties. 2 3173. Chief executive officer and senior management. 3 3174. Regional partnerships. 4 3175. Conflicts of interest. 5 3176. Contributions to the center. 6 3177. Exemption from taxation. 7 3178. Audit and annual report. 8 § 3170. Definitions. As used in this title: 9 1. "Board" or "board of directors" shall mean the nine member board 10 created pursuant to section thirty-one hundred seventy-one of this 11 title. 12 2. "Center" or "center for the expansion of nanoscale science and 13 engineering", shall mean the entity created pursuant to section thirty- 14 one hundred seventy-one of this title. 15 3. "CEO" shall mean the chief executive officer appointed pursuant to 16 section thirty-one hundred seventy-three of this title. 17 4. "SUNY Polytechnic" shall mean the State University of New York 18 Polytechnic Institute. 19 § 3171. Creation; governance; board of directors. 1. Creation and 20 governance. There is hereby created within this title the New York state 21 center for the expansion of nanoscale science and engineering. The 22 center shall be governed and all of its powers exercised by a board of 23 directors, which shall consist of nine voting members. 24 2. Board of directors. The board shall be appointed as follows: Five 25 directors shall be appointed by the governor, one of whom shall be the 26 chief executive officer of SUNY Polytechnic, one shall be appointed by 27 the temporary president of the senate, one shall be appointed by the 28 speaker of the assembly, one shall be appointed by the minority leader 29 of the senate and one shall be appointed by the minority leader of the 30 assembly. Of the nine members appointed, at least four members shall 31 have significant experience and have demonstrated leadership in the 32 private sector, including, but not limited to, experience in high tech- 33 nology and/or nanotechnology and venture capital. At least two members 34 shall have significant experience in academia and research, including 35 teaching and research in the following fields: nanoscience, nanobiosci- 36 ence, nanoengineering or nanoeconomics. At least one member shall have 37 significant experience and leadership in government, particularly in the 38 area of economic development. The remaining two members shall have expe- 39 rience in the private sector, academia, or government, provided that 40 both members shall not have experience in the same sector. The chair of 41 the board shall be appointed by the governor from among the private 42 sector members, upon the advice and consent of the senate. All other 43 officers of the board shall be elected from among its members by a 44 majority vote of the board's voting members. 45 3. Meetings of the board. The board shall provide for the holding of 46 regular and special meetings. A majority of voting members shall consti- 47 tute a quorum for the transaction of any business and unless a greater 48 number is required by the by-laws of the center, the acts of the majori- 49 ty of the voting members present at a meeting at which quorum is present 50 shall be deemed to be acts of the board. 51 4. By-laws. The board shall adopt by-laws for the foundation and may 52 appoint such officers and employees as it deems necessary and may fix 53 their compensation and prescribe their duties. 54 5. Compensation. Board members shall receive no compensation for their 55 services but shall be reimbursed for their expenses actually and neces- 56 sarily incurred by them in the performance of their duties under thisS. 8200 3 1 title. No board member shall be disqualified from holding any public 2 employment, nor shall he or she forfeit any such employment by reason of 3 their appointment hereunder notwithstanding the provisions of any gener- 4 al, special or local law, ordinance or city charter. 5 6. Rules and regulations. The center shall promulgate such rules and 6 regulations as necessary to carry out the provisions of this title. 7 § 3172. Purpose; powers; duties. 1. Purpose. The center is created to 8 fulfill the public purposes of furthering job creation and economic 9 growth and advances in the field of nanotechnology and to facilitate the 10 commercialization of nanoscientific innovations in the state. The center 11 is authorized and directed to prepare a strategic plan and provide for 12 the implementation of programs to: (a) work with SUNY Polytechnic to 13 further encourage cutting-edge academic research in the field of nano- 14 technology; (b) facilitate job growth and business expansion in the 15 field of nanotechnology; and (c) manage and support the development of 16 partnerships among academia, government and industry to further advance 17 the field of nanotechnology in the state and its various regions. 18 2. Powers. The center shall have the power: (a) to sue and be sued; 19 (b) to have a seal and alter the same at its pleasure; (c) to acquire, 20 hold and dispose of personal property for its corporate purposes; (d) to 21 enter into contracts with the state, political subdivisions or any agen- 22 cy or instrumentality thereof, or any person, firm or corporation; (e) 23 to accept gifts, funds, property or services from public or private 24 sources in furtherance of its corporate purposes; (f) to adopt, amend 25 and repeal by-laws for the management and regulation of its affairs; and 26 (g) to do any and all other things necessary or convenient to carry out 27 its purposes and effectively implement the provisions of this title, 28 provided however that the center shall have no authority to issue bonds 29 or notes. 30 3. Duties. The center shall have all of the following duties: (a) to 31 adopt by-laws, guidelines and regulations as it deems necessary to over- 32 see the programs as defined in this title; (b) to contract and to 33 execute instruments necessary or convenient for the conducting of its 34 business; (c) to accept funds from all available sources; (d) to encour- 35 age and coordinate programs and investments which advance the competi- 36 tiveness of New York businesses in the global economy through the 37 promotion of nanotechnology, innovation and commercialization throughout 38 the state's regions; (e) to develop policies and implement programs 39 which promote an entrepreneurial business environment, advance nanotech- 40 nology and encourage the development of an innovative and competitive 41 workforce; (f) to coordinate and advance statewide and regional initi- 42 atives to market nanotechnology businesses in the state, and research 43 activities related to economic development and opportunities at academic 44 and research institutions and community-based and economic development 45 initiatives within the state and at the national and international 46 level; (g) to assist efforts to identify and pursue funding opportu- 47 nities from the federal government and other sources and coordinate 48 programs to provide funding to leverage such grants and awards; and (h) 49 to establish and require audits, disclosures and other review procedures 50 for all activities funded by the center. 51 § 3173. Chief executive officer and senior management. The directors 52 shall appoint a chief executive officer and senior management team and 53 prescribe the duties and compensation of the CEO and such members of the 54 senior management team. The CEO shall be responsible for, subject to 55 board oversight and approval, setting the strategic vision of the center 56 and pursuant to this section, facilitating statewide and regional part-S. 8200 4 1 nerships, as well as all other strategic initiatives implemented in 2 furtherance of the purpose of the center. The appointment of the CEO 3 shall be made no later than sixty days after the first official meeting 4 of the board. 5 § 3174. Regional partnerships. 1. Establishment of partnerships. The 6 CEO shall seek to facilitate the establishment of partnerships in vari- 7 ous regions of the state in furtherance of the purposes of the center. 8 The purpose of such partnerships shall be to advance economic growth, 9 business creation and expansion, job opportunities and workforce devel- 10 opment in the state. The CEO is authorized, within funds available, to 11 provide regional economic assistance to certified partnerships. 12 2. Certification of partnerships. The center shall be responsible for 13 the certification of any and all regional partnerships. Such certif- 14 ication shall last for a period as determined by the center. Partner- 15 ships shall be comprised of local economic development organizations, 16 private industry, and to the extent its facilities are located in the 17 region, SUNY Polytechnic. In regions of the state where SUNY Polytechnic 18 facilities are not present, the center shall seek to certify partner- 19 ships with SUNY Polytechnic, whereby the presence of such partnerships 20 can enhance economic growth in the region. Before any partnership is 21 certified by the center, the center shall approve written guidelines for 22 the partnership, which shall require the submission of a partnership 23 plan pursuant to subdivision three of this section. 24 3. Partnership plans. Each partnership seeking certification pursuant 25 to subdivision two of this section shall submit a plan to the center 26 within thirty days of the issuance of a request for proposals. Such plan 27 shall include such detail as requested by the center. For those partner- 28 ships in regions where a SUNY Polytechnic facility is not present, the 29 plan shall include an analysis of how the region might benefit econom- 30 ically from the construction of a SUNY Polytechnic facility, as well as 31 the projected costs of construction. 32 4. Continuation of certification. (a) The center shall establish a 33 process by which each partnership may continue its certification. To 34 continue to be certified, a partnership shall perform several duties, 35 which shall include, but not be limited to: 36 (i) serving as the state's key regional partners in identifying, 37 developing, adapting and implementing nanotechnology and innovative 38 strategies to enable the growth and competitiveness of existing and 39 emerging companies through process improvement, technology development, 40 commercialization and production; 41 (ii) acting as regional facilitators for collaborations, programs and 42 initiatives by and among the center, nanotechnology enterprises, econom- 43 ic development organizations, the corporate community, academic research 44 institutions (including but not limited to SUNY Polytechnic), govern- 45 ment, workforce development organizations, and other interests working 46 collectively to advance economic growth. Each partnership should stress 47 the use of information technology as a necessary means to link such 48 entities together in a cohesive and effective manner; 49 (iii) directly providing and serving as a conduit to capital for 50 existing and emerging companies involved in the development, commercial- 51 ization and production of innovative products and processes; 52 (iv) developing and providing support to business incubation facili- 53 ties and encouraging the development of technology business in or near 54 research academic institutions;S. 8200 5 1 (b) Each partnership shall encourage business mentoring opportunities 2 to emerging companies in order to provide resources and industry know- 3 ledge to create opportunities for growth. 4 5. Appropriations. All state funding associated with the operations 5 and programs of the regional partnerships shall be appropriated to the 6 center for allocation to each of the partnerships and such appropri- 7 ations shall be separate and distinct from other appropriations for the 8 center. All allocations and disbursements of the center funds shall be 9 authorized and disbursed by a partnership, pursuant to rules and regu- 10 lations established by the center. 11 6. Reporting requirements. Each partnership shall annually report to 12 the center on its activities. Such report shall consist of information 13 as requested by the center. 14 § 3175. Conflicts of interest. Eligibility for appointment as a direc- 15 tor, officer or employee of the center shall be subject to the 16 provisions of section twenty-eight hundred twenty-five of this chapter. 17 In addition to the requirements of such section, if any director, offi- 18 cer or employee of the center shall have an interest, either direct or 19 indirect, in any contract to which the center is or is to be party, such 20 interest shall be disclosed to the center in writing and shall be set 21 forth in the minutes of the center. The director, officer or employee 22 having such interest shall not participate in any action by the authori- 23 ty with respect to such contract. 24 § 3176. Contributions to the center. Notwithstanding the provisions of 25 any general or special law or the provisions of any certificate of 26 incorporations, charter or other articles of organization, any corpo- 27 ration, association or person is hereby authorized to make contributions 28 to the center in furtherance of its purpose as stated in subdivision one 29 of section thirty-one hundred seventy-two of this title. 30 § 3177. Exemption from taxation. The property, income and activities 31 of the corporation shall be exempt from all taxes, fees and assessments. 32 § 3178. Audit and annual report. 1. Audit. The accounts of the center 33 shall be subject to the supervision of the comptroller and an annual 34 audit shall be performed by an independent certified public accountant 35 selected by the board and shall be made available to the governor, 36 legislature and general public. 37 2. Annual report. The center shall submit an annual report by April 38 first of each year to the governor, the speaker of the assembly, and the 39 temporary president of the senate on its operations and accomplishments, 40 including the accomplishments of its certified regional partnerships. 41 Such report shall provide, but not be limited to, information on the 42 economic impact of the center as measured by: 43 (a) the total number of jobs created and retained, whether directly or 44 indirectly, through funding, programs and services provided by the 45 center; 46 (b) the number of start-up businesses created and existing businesses 47 assisted; 48 (c) the leveraging of non-state funds, particularly private funds, 49 which shall include a quantification of the amount of venture capital 50 invested as a result of the center's strategic initiatives; and 51 (d) the actual or anticipated invention, development or refinement of 52 new products and processes with commercial application of importance to 53 the industries in the state. 54 § 3. This act shall take effect on the ninetieth day after it shall 55 have become a law.
