Section 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.