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

                                  8294

                            I N  S E N A T E

                              June 21, 2010
                               ___________

Introduced  by  Sen.  STACHOWSKI  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Rules

AN ACT to amend the executive law, in  relation  to  grants  awarded  or
  matched by NYSTAR for the research development program

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

  Section 1. Subdivision 5 of section 209-p of  the  executive  law,  as
amended  by  chapter  342  of  the  laws  of 2008, is amended to read as
follows:
  5. An incentive  program  is  hereby  created  to  provide  additional
assistance  [to]  FOR  technology transfer AND DEVELOPMENT activities at
institutions of higher education [and], research institutions AND  BUSI-
NESSES in the state of New York for the purpose of encouraging technolo-
gy  transfer  AND  DEVELOPMENT  from  AND BETWEEN institutions of higher
education [and], research  institutions  [to]  AND  businesses  and  for
commercialization  within  New  York  state AND FOR ENCOURAGING REGIONAL
TECHNOLOGY COMMERCIALIZATION PARTNERSHIP EFFORTS.   APPLICATIONS MAY  BE
SUBMITTED  BY  NEW  YORK  BUSINESSES;  INSTITUTIONS OF HIGHER EDUCATION;
CENTERS OF EXCELLENCE; CENTERS FOR ADVANCED TECHNOLOGY;  REGIONAL  TECH-
NOLOGY  DEVELOPMENT CORPORATIONS; OTHER ECONOMIC DEVELOPMENT OR BUSINESS
DEVELOPMENT ORGANIZATIONS; RESEARCH INSTITUTIONS THAT INCLUDE,  BUT  ARE
NOT  LIMITED  TO  LABORATORIES,  MEDICAL  CENTERS, AND INSTITUTIONS THAT
STUDY SCIENTIFIC SUBJECTS OR APPLY SCIENTIFIC KNOWLEDGE TO MEET A RECOG-
NIZED NEED; AND IN COLLABORATION WITH ONE ANOTHER.   Funds  appropriated
for  this  COMPETITIVE program shall be available for [personal service]
expenses to enhance [the] technology transfer  [abilities  of];  COMMER-
CIALIZATION;  AND PRODUCT DEVELOPMENT EFFORTS OF higher education [and],
research institutions [to], businesses within New York  state  including
[but  not  limited  to patent applications, the creation of business and
marketing plans, venture capital conferences and non-capital costs asso-
ciated with the development of real property owned by  such  institution
of higher education or research institution for research and development
purposes]  REGIONAL  TECHNOLOGY  COMMERCIALIZATION  EFFORTS.  THE OFFICE
SHALL AWARD COMPETITIVE GRANTS OR MATCHING  GRANTS:    (A)  TO  RESEARCH

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

                                                           LBD17804-01-0

S. 8294                             2

ENTITIES  TO  DEVELOP  COMMERCIALLY  PROMISING  DISCOVERIES  BEYOND  THE
CONCEPTUAL STAGE THAT COMMERCIALIZES AND INCREASES MARKET VALUE;
  (B)  TO  START-UP  COMPANIES  TO  COMMERCIALIZE  INTELLECTUAL PROPERTY
LICENSED FROM COLLEGES, UNIVERSITIES, AND RESEARCH INSTITUTIONS;
  (C) TO SMALL BUSINESSES  FOR  APPLIED  RESEARCH  AND  DEVELOPMENT  AND
PROTOTYPING PROJECTS;
  (D) FOR PATENT APPLICATIONS;
  (E) FOR CO-LOCATION, COLLABORATIVE TECHNOLOGY TRANSFER AND DEVELOPMENT
SUPPORT AT SCIENCE AND TECHNOLOGY FACILITIES;
  (F) FOR CREATION OF BUSINESS AND MARKETING PLANS;
  (G) FOR ANGEL AND EARLY STAGE VENTURE CAPITAL CONFERENCES; AND
  (H)  FOR  NON-CAPITAL COSTS ASSOCIATED WITH THE DEVELOPMENT AND USE OF
TECHNOLOGY ASSETS AT INSTITUTIONS OF HIGHER EDUCATION OR RESEARCH INSTI-
TUTIONS  ENGAGED  IN  RESEARCH  AND  DEVELOPMENT  FOR  COMMERCIALIZATION
PURPOSES.
  FOR  REGIONAL  TECHNOLOGY  COMMERCIALIZATION  PARTNERSHIP  GRANTS, THE
OFFICE SHALL GIVE PREFERENCE  TO  THOSE  APPLICATIONS  THAT  DEMONSTRATE
COLLABORATION  AMONG  ACADEMIC  RESEARCH  INSTITUTIONS, INDUSTRY ASSETS,
ECONOMIC DEVELOPMENT ORGANIZATIONS AND  WORKFORCE  DEVELOPMENT  PROGRAMS
WITHIN  A  REGION  OF THE STATE AND THAT SHOW THE GREATEST POTENTIAL FOR
COMMERCIAL SUCCESS AND EVENTUAL JOB CREATION IN NEW YORK STATE.    Funds
awarded  under  the  incentive program shall not exceed fifty percent of
the cost of the purpose for which such funds  shall  be  applied.    THE
OFFICE RESERVES THE RIGHT TO REALLOCATE FUNDS IN ITS DISCRETION TO OTHER
AWARDEES IF MEASUREMENT GOALS AS SET FORTH BY THE OFFICE ARE NOT MET.
  S 2. This act shall take effect immediately.