S T A T E O F N E W Y O R K
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10084
I N A S S E M B L Y
March 3, 2010
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Introduced by M. of A. SCHIMMINGER, GABRYSZAK, DelMONTE, MAGNARELLI,
JOHN, SKARTADOS, GUNTHER, WRIGHT, JAFFEE, BOYLAND, FIELDS, MAISEL,
LUPARDO, CASTRO, GIBSON, CHRISTENSEN -- Multi-Sponsored by -- M. of A.
BRENNAN, CAHILL, DenDEKKER, HEASTIE, HOOPER, KOON, PERRY, PHEFFER,
ROBINSON, SWEENEY, THIELE -- read once and referred to the Committee
on Economic Development, Job Creation, Commerce and Industry
AN ACT to amend the public authorities law, in relation to creating the
small business innovation research/small business technology transfer
technical assistance program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public authorities law is amended by adding a new
section 3154-a to read as follows:
S 3154-A. SMALL BUSINESS INNOVATION RESEARCH (SBIR)/SMALL BUSINESS
TECHNOLOGY TRANSFER (STTR) TECHNICAL ASSISTANCE PROGRAM. 1. THE SMALL
BUSINESS INNOVATION RESEARCH/SMALL BUSINESS TECHNOLOGY TRANSFER TECHNI-
CAL ASSISTANCE PROGRAM, HEREAFTER REFERRED TO AS "THE PROGRAM," IS HERE-
BY CREATED IN THE FOUNDATION FOR THE PURPOSES OF PROVIDING FUNDS TO
ELIGIBLE ENTITIES TO PROVIDE TECHNICAL ASSISTANCE TO SMALL BUSINESSES OF
ONE HUNDRED EMPLOYEES OR LESS AND LOCATED IN NEW YORK STATE IN COMPETING
SUCCESSFULLY FOR GRANTS MADE AVAILABLE THROUGH PHASE I OF THE FEDERAL
SMALL BUSINESS INNOVATION RESEARCH PROGRAM AS ENACTED PURSUANT TO THE
SMALL BUSINESS INNOVATION DEVELOPMENT ACT OF 1982, AND THE SMALL BUSI-
NESS TECHNOLOGY TRANSFER ACT OF 1982, SO AS TO INCREASE THE NUMBER OF
PHASE I SBIR AND STTR AWARD WINNERS WITHIN THE STATE.
2. TECHNICAL ASSISTANCE SERVICES UNDER THIS SECTION MAY INCLUDE, BUT
ARE NOT LIMITED TO:
(A) OUTREACH TO SMALL BUSINESSES TO PROMOTE AWARENESS OF SBIR/STTR
PROGRAM SOLICITATIONS;
(B) COUNSELING TO DETERMINE THE ABILITY OF A BUSINESS TO PURSUE
SBIR/STTR PHASE I FUNDING, THE TECHNOLOGY MATCH WITH THE FEDERAL AGENCY
SOLICITATION TO BE PURSUED, THE QUALIFICATIONS OF PERSONNEL INVOLVED IN
THE PROPOSED PROJECT, AND THE LEVEL OF SUPPORT NEEDED FROM THE TECHNICAL
ASSISTANCE PROGRAM TO PRODUCE A COMPETITIVE APPLICATION; AND,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15904-02-0
A. 10084 2
(C) PROPOSAL PREPARATION ASSISTANCE INCLUDING GRANT WRITING, TECHNOLO-
GY EVALUATION, AND GENERAL PROPOSAL EVALUATION.
3. IN DETERMINING WHETHER TO PROVIDE TECHNICAL ASSISTANCE AUTHORIZED
PURSUANT TO THIS SECTION TO A SMALL BUSINESS, ELIGIBLE ENTITIES SHALL
CONSIDER THE PROBABILITY OF SUCH BUSINESS COMMERCIALIZING ANY INNO-
VATIONS RESULTING FROM RESEARCH FUNDED BY AN SBIR OR STTR AWARD IN NEW
YORK STATE.
4. ELIGIBLE ENTITIES. (A) ENTITIES THAT ARE ELIGIBLE TO RECEIVE FUNDS
UNDER THIS SECTION SHALL HAVE DEMONSTRABLE EXPERIENCE AND SUCCESS IN
PROVIDING TECHNICAL ASSISTANCE AUTHORIZED PURSUANT TO THIS SECTION, AND
AS DETERMINED BY THE FOUNDATION, AND SHALL INCLUDE:
(I) CENTERS FOR ADVANCED TECHNOLOGY ESTABLISHED PURSUANT TO SECTION
THIRTY-ONE HUNDRED TWO-B OF THIS ARTICLE;
(II) TECHNOLOGY DEVELOPMENT CORPORATIONS ESTABLISHED PURSUANT TO
SECTION THIRTY-ONE HUNDRED TWO-D OF THIS ARTICLE;
(III) STATE UNIVERSITY OF NEW YORK ENGINEERING SCHOOLS THAT ADMINISTER
THE STRATEGIC PARTNERSHIP FOR INDUSTRIAL RESURGENCE PROGRAM; AND
(IV) CENTERS OF EXCELLENCE ESTABLISHED PURSUANT TO SECTION THREE OF
PART T OF CHAPTER EIGHTY-FOUR OF THE LAWS OF TWO THOUSAND TWO.
(B) PREFERENCE FOR RECEIVING FUNDS UNDER THIS SECTION SHALL BE GIVEN
TO ENTITIES THAT PARTNER WITH OTHER ELIGIBLE ENTITIES TO PROVIDE THE
FULL RANGE OF TECHNICAL ASSISTANCE SERVICES AS SPECIFIED IN SUBDIVISION
TWO OF THIS SECTION.
(C) ENTITIES RECEIVING FUNDS UNDER THIS SECTION SHALL MATCH SUCH FUNDS
ON A ONE-TO-ONE BASIS. SUCH MATCH SHALL CONSIST OF ACTUAL CASH, SALA-
RIES, STAFF TIME, OR EXPENSES DIRECTLY ATTRIBUTABLE TO THE PURPOSES OF
THIS SECTION. OVERHEAD COSTS MAY NOT BE INCLUDED IN THE MATCH.
5. USE OF FUNDS. (A) FUNDS CAN BE USED FOR COSTS RELATED TO CONDUCTING
OUTREACH TO SMALL BUSINESSES TO PROMOTE AWARENESS OF SBIR/STTR PROGRAM
SOLICITATIONS, GRANT PREPARATION AND REVIEW, AND PRINTING COSTS AND
SUPPLIES ASSOCIATED WITH THE SUBMISSION OF GRANTS.
(B) FROM SUCH FUNDS AS MAY BE APPROPRIATED FOR THIS PURPOSE BY THE
LEGISLATURE, THE FOUNDATION SHALL MAKE COMPETITIVE AWARDS ANNUALLY IN
AMOUNTS OF UP TO TWO HUNDRED THOUSAND DOLLARS TO PROVIDERS OF ASSISTANCE
PURSUANT TO THIS SECTION.
6. REPORTING REQUIREMENTS. (A) ENTITIES RECEIVING FUNDS SHALL ANNUALLY
PROVIDE TO THE FOUNDATION DETAILS ON THE FOLLOWING:
(I) DESCRIPTION OF SMALL BUSINESSES SERVED, INCLUDING TECHNOLOGY
FOCUS, BUSINESS SIZE AND LOCATION;
(II) SBIR AND STTR GRANTS APPLIED FOR AND RECEIVED AS A RESULT OF
ASSISTANCE PROVIDED; AND
(III) ANY OTHER INFORMATION DEEMED APPROPRIATE BY THE FOUNDATION.
(B) THE EXECUTIVE DIRECTOR SHALL INCLUDE THE INFORMATION PROVIDED
PURSUANT TO SUBDIVISION FIVE OF THIS SECTION IN THE ANNUAL REPORT FILED
PURSUANT TO SECTION THIRTY-ONE HUNDRED FIFTY-FIVE OF THIS TITLE.
(C) ON OR BEFORE FEBRUARY FIRST, TWO THOUSAND THIRTEEN, THE FOUNDATION
SHALL EVALUATE THE EFFECTIVENESS OF THE SBIR/STTR TECHNICAL ASSISTANCE
PROGRAM AND REPORT SUCH FINDINGS TO THE GOVERNOR AND LEGISLATURE. THE
FOUNDATION SHALL ALSO MAKE RECOMMENDATIONS AS TO THE APPROPRIATENESS OF
EXPANDING THE PROGRAM TO PROVIDE ASSISTANCE TO SBIR/STTR PHASE II APPLI-
CANTS.
S 2. This act shall take effect immediately.