assembly Bill A404

Amended

Creates the technology commercialization partnership program and removes the incentive program from the research development program

download pdf

Sponsor

MAGNARELLI

Co-Sponsors

view all co-sponsors

Multi-Sponsors

view all multi-sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 09 / Jan / 2013
    • REFERRED TO ECONOMIC DEVELOPMENT
  • 23 / Jan / 2013
    • REPORTED REFERRED TO WAYS AND MEANS
  • 08 / Jan / 2014
    • REFERRED TO ECONOMIC DEVELOPMENT
  • 22 / Jan / 2014
    • AMEND AND RECOMMIT TO ECONOMIC DEVELOPMENT
  • 22 / Jan / 2014
    • PRINT NUMBER 404A
  • 27 / Jan / 2014
    • REPORTED REFERRED TO WAYS AND MEANS

Summary

Creates the technology commercialization partnership program and removes the incentive program from the research development program.

do you support this bill?

Bill Details

See Senate Version of this Bill:
S2784
Versions:
A404
A404A
Legislative Cycle:
2013-2014
Current Committee:
Law Section:
Economic Development Law
Laws Affected:
Add §361, Ec Dev L; amd §§209-p & 209, Exec L
Versions Introduced in Previous Legislative Cycles:
2011-2012: A599B, S7290
2009-2010: A9469A, A9469A
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   404

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by M. of A. MAGNARELLI, LUPARDO, GABRYSZAK, MILLMAN, CAHILL,
  GUNTHER, CASTRO, WRIGHT, MORELLE -- Multi-Sponsored by  --  M.  of  A.
  BOYLAND,  GIBSON, MAGEE, SCHIMEL, SCHIMMINGER, SWEENEY, THIELE -- read
  once and referred to the Committee on Economic Development

AN ACT to amend the economic development law and the executive  law,  in
  relation  to  creating  the  technology  commercialization partnership
  program and removing the incentive program from the research  develop-
  ment program

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The economic development law is amended  by  adding  a  new
section 361 to read as follows:
  S 361. TECHNOLOGY COMMERCIALIZATION PARTNERSHIP PROGRAM. 1.  THE TECH-
NOLOGY  COMMERCIALIZATION  PARTNERSHIP  PROGRAM IS HEREBY CREATED WITHIN
THE DIVISION OF SCIENCE, TECHNOLOGY AND INNOVATION FOR THE  PURPOSES  OF
ASSISTING  IN THE COLLABORATION BETWEEN PRIVATE SECTOR COMPANIES AND THE
STATE'S ACADEMIC RESEARCH INSTITUTIONS TO COMMERCIALIZE TECHNOLOGIES  IN
NEW YORK.
  2.  FUNDS APPROPRIATED FOR THIS PROGRAM SHALL BE MADE AVAILABLE BY THE
DIVISION PURSUANT TO A COMPETITIVE REQUEST FOR PROPOSAL PROCESS TO TECH-
NOLOGY COMMERCIALIZATION  PARTNERSHIPS  CONSISTING  OF  NEW  YORK  STATE
ACADEMIC  RESEARCH  INSTITUTIONS, INCLUDING BUT NOT LIMITED TO UNIVERSI-
TIES, CENTERS FOR ADVANCED TECHNOLOGY, AND  CENTERS  OF  EXCELLENCE,  IN
COLLABORATION WITH TECHNOLOGY-BASED ECONOMIC DEVELOPMENT ORGANIZATIONS.
  (A) THE DIVISION SHALL DESIGNATE TECHNOLOGY COMMERCIALIZATION PARTNER-
SHIPS BASED ON THE FOLLOWING CRITERIA:
  (I) EXPERIENCE IN EVALUATING THE POTENTIAL OF A COMMERCIALIZED PRODUCT
OR  PROCESS  AND IN WORKING COLLABORATIVELY WITH RELEVANT PARTIES IN THE
LAB TO MARKET CONTINUUM;
  (II) A PROVEN TRACK RECORD IN BRINGING TECHNOLOGIES TO MARKET;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01409-01-3

A. 404                              2

  (III) EXISTING CAPACITY TO COMPLETE THE  NECESSARY  DUE  DILIGENCE  IN
REVIEWING REQUESTS FOR AWARDS; AND
  (IV)  A  WELL-ESTABLISHED  PROCESS  TO  BE  USED  IN  EVALUATING AWARD
PROPOSALS AND ADMINISTERING THE AWARD.
  (B) THE DIVISION SHALL MAKE  GRANTS  TO  TECHNOLOGY  COMMERCIALIZATION
PARTNERSHIPS  IN  AMOUNTS  BETWEEN FIVE HUNDRED THOUSAND AND ONE MILLION
DOLLARS.  EACH SUCH PARTNERSHIP SHALL MATCH SUCH GRANTS ON A  ONE-TO-ONE
BASIS. ELIGIBLE MATCHING FUNDS SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (I) COMPANY CASH;
  (II) FEDERAL FUNDS;
  (III)  APPLICANT  SUPPORT  INCLUDING SALARIES AND FRINGE BENEFIT COSTS
PAID BY THE APPLICANT; AND
  (IV) THE FAIR MARKET VALUE OF NEW OR PRE-OWNED DONATED EQUIPMENT.
  (C) EACH TECHNOLOGY COMMERCIALIZATION PARTNERSHIP SHALL MAKE TECHNOLO-
GY COMMERCIALIZATION AWARDS ON A COMPETITIVE BASIS FOR  THE  PURPOSE  OF
ASSISTING THE DEVELOPMENT OF COMMERCIALLY PROMISING RESEARCH DISCOVERIES
IN NEW YORK STATE TO THE FOLLOWING:
  (I) RESEARCHERS AT NEW YORK STATE ACADEMIC RESEARCH INSTITUTIONS WORK-
ING  IN  COLLABORATION  WITH  A PRIVATE SECTOR ENTITY FOR THE PURPOSE OF
COMMERCIALIZING THE RESEARCH;
  (II) ENTREPRENEURS SEEKING ASSISTANCE FROM  NEW  YORK  STATE  ACADEMIC
RESEARCH INSTITUTIONS; AND
  (III)  EXISTING  COMPANIES WITH FEWER THAN TWO HUNDRED FIFTY EMPLOYEES
WORKING WITH RESEARCHERS AT NEW  YORK  STATE  ACADEMIC  RESEARCH  INSTI-
TUTIONS.
  3.  (A)  TECHNOLOGY  COMMERCIALIZATION PARTNERSHIP FUNDS SHALL BE USED
FOR THE FOLLOWING PURPOSES:
  (I) TESTING;
  (II) PROTOTYPING;
  (III) DESIGNING;
  (IV) INCORPORATION, PATENT AND  LICENSE-RELATED  AND  MARKET  RESEARCH
EXPENSES;
  (V) MATERIALS, FIXTURES, AND/OR SUPPLIES NECESSARY FOR THE PROJECT;
  (VI) LABORATORY EQUIPMENT;
  (VII)  COMPENSATION  OF  FACULTY  AND  STAFF  DIRECTLY  WORKING ON THE
PROJECT;
  (VIII) COMPENSATION OF GRADUATE AND  UNDERGRADUATE  STUDENTS  DIRECTLY
WORKING ON THE PROJECT;
  (IX) TRAVEL DIRECTLY RELATED TO THE PROJECT;
  (X) SERVICES SUBCONTRACTED TO PARTNER ORGANIZATIONS OR OTHER ENTITIES;
AND
  (XI)  OTHER  COSTS  AS  DETERMINED BY THE DIVISION THAT ARE ASSOCIATED
WITH  ADVANCING  RESEARCH  DISCOVERIES  INTO  MARKETABLE   TECHNOLOGIES,
PRODUCTS  OR  PROCESSES TO BE COMMERCIALIZED OR MANUFACTURED IN NEW YORK
STATE.
  (B) TECHNOLOGY COMMERCIALIZATION PARTNERSHIP FUNDS MAY NOT BE UTILIZED
FOR RENT OR LEASE EXPENSES, TELECOMMUNICATIONS, UTILITY, MARKETING COSTS
OR CAPITAL CONSTRUCTION.
  (C) ALL EQUIPMENT PURCHASES MADE PURSUANT TO  PARAGRAPH  (A)  OF  THIS
SUBDIVISION SHALL REMAIN THE PROPERTY OF THE RESEARCH INSTITUTION.
  (D)  TECHNOLOGY  COMMERCIALIZATION PARTNERSHIP AWARDS SHALL NOT EXCEED
ONE HUNDRED THOUSAND DOLLARS.
  4. NO LATER THAN AUGUST FIRST, TWO  THOUSAND  THIRTEEN,  AND  ANNUALLY
THEREAFTER,  THE  DIVISION SHALL ISSUE A REQUEST FOR PROPOSALS FOR TECH-
NOLOGY COMMERCIALIZATION PARTNERSHIP GRANTS AND THE CRITERIA  THAT  WILL
BE  USED TO EVALUATE SUCH PROPOSALS INCLUDING, BUT NOT LIMITED TO, THOSE

A. 404                              3

LISTED IN SUBDIVISION TWO OF THIS SECTION FOR USE OF TECHNOLOGY  COMMER-
CIALIZATION PARTNERSHIP FUNDS.
  (A)  THE  DIVISION  SHALL  GIVE  PREFERENCE TO THOSE APPLICATIONS THAT
DEMONSTRATE COLLABORATION AMONG NEW YORK STATE ACADEMIC RESEARCH  INSTI-
TUTIONS,  THE  PRIVATE  SECTOR,  ECONOMIC  DEVELOPMENT ORGANIZATIONS AND
WORKFORCE DEVELOPMENT PROGRAMS WITHIN A REGION OF  THE  STATE  AND  THAT
SHOW  THE  GREATER  POTENTIAL  FOR  COMMERCIAL  SUCCESS AND EVENTUAL JOB
CREATION IN NEW YORK STATE.
  (B) GRANTS SHALL BE MADE BY THE DIVISION WITHIN NINETY DAYS  FOLLOWING
THE ISSUANCE OF THE REQUEST FOR PROPOSALS.
  5.  (A) EACH DESIGNATED TECHNOLOGY COMMERCIALIZATION PARTNERSHIP SHALL
REPORT, ON OR BEFORE DECEMBER FIRST, TWO THOUSAND FOURTEEN AND  ANNUALLY
THEREAFTER, TO THE DIVISION. SUCH REPORT SHALL INCLUDE:
  (I)  THE  NAME  AND  INSTITUTIONAL  OR BUSINESS LOCATION OF EACH GRANT
RECIPIENT AND THE AMOUNT AWARDED;
  (II) A SHORT DESCRIPTION OF THE PRODUCT OR  TECHNOLOGY  BEING  COMMER-
CIALIZED;
  (III) INFORMATION ON ANY INSTITUTIONAL COLLABORATION;
  (IV)  INFORMATION ON THE PROJECTED ECONOMIC IMPACT, INCLUDING ANY JOBS
CREATED OR PROJECTED TO BE CREATED OR RETAINED; AND
  (V) SUCH OTHER INFORMATION AS THE DIVISION DEEMS NECESSARY.
  (B) THE DIVISION SHALL SUBMIT TO THE GOVERNOR AND  THE  LEGISLATURE  A
SUMMARY AND EVALUATION OF THE REPORTS SUBMITTED TO THE DIVISION PURSUANT
TO THIS SUBDIVISION AND AN EVALUATION OF THE PERFORMANCE OF THE TECHNOL-
OGY  COMMERCIALIZATION  PARTNERSHIP PROGRAM ON OR BEFORE FEBRUARY FIRST,
TWO THOUSAND FOURTEEN.
  S 2. Section 209-p of the executive law, as added by  chapter  624  of
the  laws of 1999, paragraph (c) of subdivision 2 and subdivisions 3, 4,
5 and 6 as amended by chapter 342 of the laws of  2008,  is  amended  to
read as follows:
  S  209-p. Research development program. 1. There is hereby established
the research development program. The program shall include but need not
be  limited  to:  the  faculty  development  program,  capital  facility
program, [incentive program,] and centers for advanced technology devel-
opment program.
  2. The office shall provide no later than March first, two thousand, a
strategic  plan  to  the governor, the temporary president of the senate
and the speaker of the assembly which shall:
  (a) establish criteria  for  the  awarding  of  funds  made  available
through  the research development program; all awards shall be made on a
competitive basis;
  (b) provide a schedule for issuance of requests for proposals for  the
research development program awards;
  (c) provide a schedule for completion of review of proposals submitted
by  institutions  of  higher  education and research institutions to the
office; AND
  (d) provide procedures for the issuance of awards  from  the  research
development program.
  3.  The faculty development program is hereby created to assist insti-
tutions of higher education and research institutions with the retention
and recruitment of research faculty. Funds appropriated for this program
shall be administered by the office pursuant to request  for  proposals.
Consideration  for the allocation of awards shall be given to all insti-
tutions of higher education and research institutions within  the  state
provided  such institutions demonstrate to the satisfaction of the advi-
sory council a specific need for such funds and the manner in which such

A. 404                              4

award for the  recruitment  and  retention  of  research  faculty  would
enhance  the  research  capabilities  and reputation of the institution.
Criteria for such awards shall include, but not be limited to, the abil-
ity of the faculty member to leverage and attract federal funds, venture
capital  and  private industry funds, and the willingness of the faculty
member to pursue entrepreneurial enterprises resulting in  new  business
or  the  expansion  of  existing business in New York state.  The office
shall promulgate rules and regulations to establish:
  (a) the duration of grants for faculty awards;
  (b) matching funds required from  the  academic  and  research  insti-
tutions;
  (c)  a  schedule  for  an  annual reduction of the faculty development
award, and a corresponding increase  in  the  matching  funds  from  the
academic or research institution; and
  (d) other rules and regulations deemed necessary by the office for the
administration of this program.
  4.  (a)  The  capital facility program shall provide financing for the
design, acquisition,  construction,  reconstruction,  rehabilitation  or
improvement of research and development facilities, including equipment.
Funds appropriated or reappropriated for the capital facility program by
chapter  six hundred twenty-four of the laws of nineteen hundred ninety-
nine shall be awarded to no more than six primary host institutions.
  (b) Criteria for the issuance of awards by the advisory council  shall
include  but  need  not  be  limited  to the following: potential future
growth and economic  impact  within  New  York  state  of  the  proposed
research  to  be  undertaken  at such facilities, available expertise at
such campus in the scientific discipline designated for the  center  for
advanced  technology  and/or  the center's host campus, an evaluation of
the ability of the proposed research to be undertaken at such facilities
to aid existing business and to create new business in New  York  state,
and  the  ability of the proposal to leverage and attract federal funds,
venture capital and private industry funds.
  [(d)] (C) The capital facility program shall  also  provide  financing
for  the reconstruction, rehabilitation or improvement of existing labo-
ratory facilities. Funds available pursuant to this subdivision shall be
available for research facilities at all institutions of  higher  educa-
tion and research institutions in New York state.
  [(e)]  (D)  The  office  and the city university construction fund may
contract for the construction fund to design, construct, acquire, recon-
struct, rehabilitate and improve research and development facilities for
those primary host institutions which are senior colleges  of  the  city
university of New York.
  5.  [An  incentive  program  is  hereby  created to provide additional
assistance to technology transfer activities at institutions  of  higher
education  and  research  institutions  in the state of New York for the
purpose of encouraging technology transfer from institutions  of  higher
education and research institutions to businesses and for commercializa-
tion within New York state. Funds appropriated for this program shall be
available for personal service expenses to enhance the technology trans-
fer  abilities  of  higher  education and research institutions to busi-
nesses within New York state including but not limited to patent  appli-
cations,  the  creation of business and marketing plans, venture capital
conferences and non-capital costs associated  with  the  development  of
real  property owned by such institution of higher education or research
institution for research and development purposes.  Funds awarded  under

A. 404                              5

the  incentive program shall not exceed fifty percent of the cost of the
purpose for which such funds shall be applied.
  6.]  A  center  for advanced technology development program is created
whereby funds shall be awarded to centers for  advanced  technology  for
the  purpose  of enhancing and expanding the existing role of the center
in the area for which it  is  designated.  Funds  appropriated  for  the
development  program shall be awarded to such centers for advanced tech-
nology. Criteria for the issuance of awards shall be established by  the
office  and shall include but need not be limited to the economic devel-
opment potential of the research undertaken at such center for  advanced
technology,  funding  leveraged  from  other  sources  including private
interests and the federal government, potential of revenues accruing  to
the  institution  of  higher  education or research institution from the
licensing of the products  of  research  conducted  at  such  center  of
advanced  technology  and  the  interaction  of such center with private
industry.
  S 3. Subdivision 4 of section 209 of the executive law,  as  added  by
chapter 624 of the laws of 1999, is amended to read as follows:
  4.  "Research  development program" shall mean the program established
by section two hundred nine-p of this article to encourage  and  enhance
the  economic  development  role  of  academic  institutions in New York
state.  Such program shall include, but not be limited to,  the  faculty
development  program,  the  capital  facilities  program, [the incentive
program,] and the centers for advanced technology development program.
  S 4. Notwithstanding any other law to the contrary, any appropriations
from the general fund to the New York state division of  science,  tech-
nology and innovation board's local assistance account for the incentive
program  part  of the research development program, established pursuant
to section 209-p of the executive law, that have not  been  expended  or
committed  shall  be  made  available for the purposes of the technology
commercialization partnership program.
  S 5. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.