senate Bill S1654

2013-2014 Legislative Session

Relates to the innovation and commercialization functions of state universities

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Archive: Last Bill Status - In Committee


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

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Senate Actions - UPPERCASE
Jan 08, 2014 referred to higher education
Jan 09, 2013 referred to higher education

S1654 - Bill Details

Current Committee:
Law Section:
Education Law
Laws Affected:
Add ยง355-d, Ed L
Versions Introduced in 2011-2012 Legislative Session:
S7093

S1654 - Bill Texts

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Relates to the innovation and commercialization functions of the state university.

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BILL NUMBER:S1654

TITLE OF BILL:
An act
to amend the education law, in relation to the innovation and
commercialization functions of the state university

PURPOSE:
Establish commercialization development programs within the state
university system to help strengthen its capacity to innovate and
commercialize technology.

SUMMARY OF PROVISIONS:
A technology accelerator fund is created to help support efforts by
individual researchers on state university campuses to transform
research discoveries into marketable technologies, products or
processes to be commercialized or manufactured in New York State. The
chancellor is charged with establishing a peer review process for
awarding applicants. Awards would be limited to $100,000 and would be
used to help meet the costs of prototyping and other expenses related
to developing new technologies.

An Entrepreneurship in Residence (EIR) program would be created at
selected technology transfer hubs within the university system. The
EIR would be a proven entrepreneur and would assist campuses with the
necessary steps in commercializing new technologies. The university
would annually evaluate the impact of these programs on the system's
commercialization efforts.

Amends Education Law by adding a new section, 355-D.

JUSTIFICATION:
The State University of New York is one of great engines of innovation
in New York. It has advanced several proposals worthy of support to
strengthen the State's intellectual infrastructure for innovation
including:

1) The SUNY Technology Accelerator Fund (TAF). A barrier to the
commercialization of university technology is the lack of funding for
promising technologies after sponsored support ends and before the
technology is mature enough for conventional commercial investment.
When basic research funding ends, further evaluation and
"proof-of-concept" is often necessary to establish that a new
technology is commercially viable.

The SUNY Technology Accelerator Fund demonstration project initially
funded five projects in June 2011 , supporting new diagnostic tools,
cutting edge electronic devices and innovative technologies in the
fields of nano-bioscience, energy and biotechnology. Additional
funding for this successful program would help SUNY support more
researchers in their commercialization efforts.

2) The SUNY Entrepreneur-in-Residence Program (E1R). EIR programs are
widely adopted today both by universities and venture capital firms
as a means to bring experienced management to the challenge of
commercializing a new, promising technology. Universities utilize


EIRs to help select high potential startup technologies and to
develop the business and company launch plans. EIRs are also used to
provide entrepreneurial experience and mentoring to a first time
company founder, which increases the probability that an enterprise
will be successful.

Through the SUNY EIR program, entrepreneurs with proven subject matter
expertise and management experience will work with aspiring
entrepreneurs at SUNY campuses across the state to identify the best
ideas and most promising business opportunities and help map them to
sources of funding and leadership talent so they may grow to full
scale. The program will focus on SUNY's strengths in key research
areas, such as energy and healthcare and work in concert with other
SUNY programs.

An additional enhancement to a SUNY EIR program is the integration of
SUNY's management and law graduate students who will help with market
research and business plan development, intellectual property
strategy and corporate legal structure, thereby fostering and
training a new generation of entrepreneurs.

LEGISLATIVE HISTORY: 2012 S.7093.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: Immediately

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

                                  1654

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Higher Education

AN ACT to amend the education law, in relation  to  the  innovation  and
  commercialization functions of the state university

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

  Section 1. The education law is amended by adding a new section  355-d
to read as follows:
  S 355-D. THE POWER AND DUTIES OF TRUSTEES - INNOVATION AND COMMERCIAL-
IZATION  FUNCTIONS.  1.  THE  TRUSTEES  ARE  AUTHORIZED TO ESTABLISH AND
SUPPORT THE NECESSARY PROGRAMS FOR THE RESEARCH, DEVELOPMENT AND COMMER-
CIALIZATION OF NEW TECHNOLOGIES WITHIN THE STATE UNIVERSITY  TO  BENEFIT
THE  PEOPLE OF THE STATE OF NEW YORK. SUCH PROGRAMS SHALL INCLUDE OPPOR-
TUNITIES FOR COLLABORATION AND COOPERATION WITH OTHER ACADEMIC  RESEARCH
INSTITUTIONS WHENEVER PRACTICABLE.
  2. STATE UNIVERSITY TECHNOLOGY ACCELERATOR FUND. (A) THE STATE UNIVER-
SITY TECHNOLOGY ACCELERATOR FUND IS HEREBY CREATED TO SUPPORT EFFORTS BY
INDIVIDUAL   RESEARCHERS  ON  STATE  UNIVERSITY  CAMPUSES  TO  TRANSFORM
RESEARCH DISCOVERIES INTO MARKETABLE TECHNOLOGIES, PRODUCTS OR PROCESSES
TO BE COMMERCIALIZED OR MANUFACTURED IN NEW YORK STATE.
  (B) THE TRUSTEES SHALL ESTABLISH A PEER-REVIEW PROCESS FOR THE PURPOSE
OF REVIEWING APPLICATIONS FOR AWARDS. AWARDS MAY BE USED  TO  BUILD  AND
TEST PROTOTYPES AND FOR OTHER COSTS AS DETERMINED BY THE STATE UNIVERSI-
TY ASSOCIATED WITH EARLY STAGES OF COMMERCIALIZATION.
  (C)  ANY  STATE FUNDS MADE AVAILABLE FOR THIS PROGRAM SHALL BE MATCHED
ON A ONE TO ONE (1:1) BASIS WITH NON-STATE FUNDS.
  (D) GRANTS SHALL NOT EXCEED ONE HUNDRED THOUSAND DOLLARS FOR ANY INDI-
VIDUAL AWARD, AND SHALL BE AWARDED ON AN ANNUAL BASIS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06210-01-3

S. 1654                             2

  3. THE STATE UNIVERSITY OF NEW YORK ENTREPRENEUR-IN-RESIDENCE PROGRAM.
(A) THE STATE UNIVERSITY OF NEW YORK  ENTREPRENEUR-IN-RESIDENCE  PROGRAM
IS HEREBY CREATED WITHIN THE STATE UNIVERSITY.
  (B) THE TRUSTEES MAY DESIGNATE ENTREPRENEURS-IN-RESIDENCE AT UNIVERSI-
TY  AND  COLLEGE  CAMPUSES,  HEREAFTER  REFERRED  TO  AS THE "EIR," UPON
CONSULTATION WITH THE TECHNOLOGY TRANSFER STAFF AT THE CAMPUSES, FOR THE
PURPOSES OF IDENTIFYING AND EXTRACTING PROMISING TECHNOLOGIES.
  (C) QUALIFICATIONS FOR THE POSITION OF EIR SHALL BE DETERMINED BY  THE
STATE  UNIVERSITY  UPON  RECOMMENDATION  BY  EACH  INSTITUTION AND SHALL
INCLUDE SIGNIFICANT, SUCCESSFUL PRIVATE SECTOR EXPERIENCE WITH  BUSINESS
START-UPS.
  (D) POSITIONS SHALL BE HELD FOR THREE-YEAR PERIODS AND MAY BE RENEWED.
  (E)  THE  EIR  SHALL  ASSIST THE INSTITUTIONS PERFORMING THE FOLLOWING
COMMERCIALIZATION-RELATED TASKS:
  (I) IDENTIFYING INDUSTRY-SPECIFIC MARKET/START-UP OPPORTUNITIES  BASED
ON UNIVERSITY TECHNOLOGIES;
  (II) DEVELOPING OPPORTUNITY ASSESSMENTS;
  (III) ORGANIZING PRE-SEED WORKSHOPS;
  (IV) CREATING BUSINESS PLANS;
  (V) DEVELOPING BUSINESS STRUCTURE PROPOSALS FOR START-UP ENTERPRISES;
  (VI) NEGOTIATING THE UNIVERSITY LICENSE.
  (F)  EIRS SHALL SELECT PROJECTS THAT HAVE THE MOST PROMISE FOR FUNDING
BASED ON COMMERCIAL FEASIBILITY AND SHALL PROVIDE ASSISTANCE FOR FACULTY
AND STAFF WITH BUSINESS PLANS  AND  MANAGEMENT  STRATEGIES  OF  SELECTED
PROJECTS  AS WELL AS DEVELOP A PROOF-OF-CONCEPT PROJECT PLAN AND PREPARE
A PROPOSAL FOR FUNDING.
  (G) EIRS SHALL PROVIDE ASSISTANCE TO ALL CAMPUSES THROUGHOUT THE STATE
AS DIRECTED UNDER THE PROGRAM.
  (H) ANY FUNDS MADE AVAILABLE FOR THIS PROGRAM SHALL BE  MATCHED  ON  A
ONE  TO  ONE (1:1) BASIS WITH CASH OR IN-KIND RESOURCES FROM EACH CAMPUS
WHERE THE EIR IS LOCATED OR BY THE STATE UNIVERSITY.
  4. THE TRUSTEES SHALL PROMULGATE ANY RULES AND  REGULATIONS  NECESSARY
TO  CARRY  OUT  THIS  SECTION  AND ON AN ANNUAL BASIS SHALL EVALUATE AND
REPORT ON THE IMPACT OF THIS PROGRAM ON COMMERCIALIZATION  ACTIVITY  AND
OUTCOMES IN NEW YORK STATE.
  S 2. This act shall take effect immediately.

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