S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10084

                          I N  A S S E M B L Y

                              March 3, 2010
                               ___________

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.