NY State Senate Bill 2015-S88A

Senate Bill S88A

2015-2016 Legislative Session

Recodifies the small business innovation research program within the New York state foundation for science, technology and innovation; repealer

download bill text pdf

Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 11, 2016	print number 88a
Jan 11, 2016	amend and recommit to corporations, authorities and commissions
Jan 06, 2016	referred to corporations, authorities and commissions
Jan 07, 2015	referred to corporations, authorities and commissions

Bill Amendments

Original

A (Active)

2015-S88 - Details

See Assembly Version of this Bill:: A4408
Current Committee:: Senate Corporations, Authorities And Commissions
Law Section:: Public Authorities Law
Laws Affected:: Add §52, UDC Act; rpld §3102-c, Pub Auth L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A4198
2011-2012: S7257, A3410
2013-2014: S104, A2032
2017-2018: A4905

2015-S88 - Summary

Recodifies the small business innovation research program within the New York state urban development corporation act; alters provisions under the small business innovation research program particularly as they affect Phase I award winners; prohibits arbitrary exclusion of technologies and companies; provides for matching of federal funds, to a certain extent.

2015-S88 - Sponsor Memo

                                 BILL NUMBER:  S88

 TITLE OF BILL :  An act to amend the New York state urban development
corporation act, in relation to recodification of the small business
innovation research program and the awards made thereunder within the
urban development corporation; and to repeal section 3102-c of the
public authorities law relating to the small business innovation
research program

 PURPOSE :  This bill would recodify the Small Business Innovation
Research Program within the New York State Urban Development
Corporation. This bill would repeal § 3102-c of the Public Authorities
Law.

 SUMMARY OF PROVISIONS :

Section 1 - Amends Chapter 174 of the Laws of 1968 by adding a new
section 51.

Section 2 - Repeals § 3102-c of the Public Authorities Law.

Section 3 - Effective date.

 JUSTIFICATION :  The State Small Business Innovation Research (SBIR)
Program, which began in FY 1984-1985, was designed to provide
assistance to New York's newer high technology companies, helping them

compete for a greater share of the federal research contracts awarded
under the federal SBIR program. The State program was highly
successful, increasing the amount of federal SBIR dollars coming into
the State from under $5 million annually to over $30 million by 1991.
As importantly, State assistance under this program greatly increased
the success of federal SBIR Phase I award winners to compete for much
larger SBIR Phase II awards.

Although the State SBIR statute remains in effect, the State stopped
funding the program after its initial success, in part because of
disagreement over how to allocate limited funds among the federal SBIR
award winners. Consequently, New York State, which had moved from 6th
to 3rd place among the states in the number of Phase I winners, has
seen its number of state winners decrease dramatically since funding
for the State program ceased. This bill clarifies how funds will be
allocated so that the program can begin anew to assist small high
technology companies compete for federal SBIR funds which will help
them grow and provide new jobs for New York citizens.

 LEGISLATIVE HISTORY :  2013-14: S.104-A/A.2032-A Referred to
Corporations, Authorities, and Commissions/Referred to Ways and Means
2011-12: S.7257/A.3410-B Referred to Corporations Authorities, and
Commissions/Referred to Ways and Means
2009-10: S.4434/A.4198 Committed to Finance/Referred to Ways and Means
2007-08: A.6149 Passed Assembly 2005-06: A.3443 Passed Assembly
2003-04: A.4766 Passed Assembly 2001-02. A.1070 Referred to Small
Business 1999-00: A.1304 Passed Assembly 1997-98: A.9404 Passed
Assembly

 FISCAL IMPLICATIONS : None.

 EFFECTIVE DATE :  This act shall take effect immediately.

2015-S88 - Bill Text download pdf

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

                                   88

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Corporations,  Authorities
  and Commissions

AN ACT to amend the New York state urban development corporation act, in
  relation  to  recodification of the small business innovation research
  program and the awards made thereunder within  the  urban  development
  corporation;  and  to  repeal section 3102-c of the public authorities
  law relating to the small business innovation research program

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

  Section  1. Section 1 of chapter 174 of the laws of 1968, constituting
the New York state urban development  corporation  act,  is  amended  by
adding a new section 51 to read as follows:
  S  51.  SMALL BUSINESS INNOVATION RESEARCH PROGRAM. 1. AS USED IN THIS
SECTION, THE FOLLOWING TERMS HAVE THE FOLLOWING MEANINGS:
  (A) "SMALL BUSINESS INNOVATION RESEARCH PROGRAM" OR "SBIR" MEANS  THAT
PROGRAM,  ENACTED  PURSUANT TO THE SMALL BUSINESS INNOVATION DEVELOPMENT
ACT OF 1982 (P.L. 97-219), WHICH PROVIDES FUNDS TO SMALL  BUSINESSES  TO
CONDUCT INNOVATIVE RESEARCH HAVING COMMERCIAL APPLICATION.
  (B) "SMALL BUSINESS" MEANS A CORPORATION, PARTNERSHIP, LIMITED LIABIL-
ITY  COMPANY,  SOLE  PROPRIETORSHIP, OR INDIVIDUAL, OPERATING A BUSINESS
FOR PROFIT, WITH TWO HUNDRED FIFTY EMPLOYEES OR FEWER, INCLUDING EMPLOY-
EES EMPLOYED IN ANY SUBSIDIARY OR AFFILIATED CORPORATION OR OTHER  ENTI-
TY, WHICH OTHERWISE MEETS THE REQUIREMENTS OF THE FEDERAL SMALL BUSINESS
INNOVATION RESEARCH PROGRAM.
  2.  (A)  WITHIN  THIRTY  DAYS  OF THE PUBLIC ANNOUNCEMENT OF THE SMALL
BUSINESS INNOVATION RESEARCH PROGRAM PHASE I AWARD WINNERS BY THE APPRO-
PRIATE FEDERAL AGENCY, THE CORPORATION SHALL CONTACT ALL PHASE  I  AWARD
RECIPIENTS  WHOSE  PRINCIPAL PLACE OF BUSINESS IS LOCATED IN THIS STATE,
PROVIDE THEM WITH INFORMATION CONCERNING THE PROGRAM AUTHORIZED PURSUANT

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

                                                           LBD00667-01-5

S. 88                               2

TO THIS SECTION, AND ADVISE THEM OF THE REQUIREMENTS  RELATING  THERETO.
ANY  SUCH RECIPIENT, AT LEAST THIRTY DAYS PRIOR TO THE COMPLETION OF ITS
SBIR PHASE I GRANT PERIOD, MAY, AT ITS DISCRETION, SUBMIT TO THE  CORPO-
RATION A NOTICE OF ITS DESIRE TO SECURE RESEARCH FUNDING PURSUANT TO THE
PROVISIONS  OF  THIS  SECTION, ALONG WITH A COPY OF ITS ORIGINAL FEDERAL
SBIR PROPOSAL AND SUCH ADDITIONAL INFORMATION  AS  THE  CORPORATION  MAY
REQUIRE  TO  ASSIST  IT IN DETERMINING THE ELIGIBILITY OF SUCH RECIPIENT
FOR THIS PROGRAM.
  (B) IN ADDITION TO RECEIPT OF AN SBIR AWARD, ANY SMALL BUSINESS  SHALL
MEET THE FOLLOWING CRITERIA:
  I.  SUCH SMALL BUSINESS'S PRINCIPAL PLACE OF BUSINESS SHALL BE LOCATED
IN THIS STATE;
  II. SUCH  SMALL  BUSINESS  SHALL  CERTIFY  THAT  THE  RESEARCH  TO  BE
CONDUCTED WILL BE PERFORMED SOLELY IN THIS STATE;
  III. NO MONEYS SHALL BE EXPENDED FOR TRAVEL, EQUIPMENT, OR FACILITIES;
AND
  IV.  NOT  MORE  THAN  ONE-THIRD OF ANY MONEYS AWARDED TO A FIRM BY THE
FOUNDATION MAY BE  USED  TO  CONTRACT  FOR  RESEARCH  OR  OTHER  RELATED
SERVICES.
  (C) UPON A FINDING BY THE CORPORATION THAT: (I) A PHASE I AWARD RECIP-
IENT WHOSE PRINCIPAL PLACE OF BUSINESS IS IN NEW YORK HAS SATISFACTORILY
MET ALL THE REQUIREMENTS OF THIS SECTION AND ANY ADDITIONAL REQUIREMENTS
THE  CORPORATION  MAY  DEEM  NECESSARY; PROVIDED, HOWEVER, THAT ANY SUCH
ADDITIONAL REQUIREMENTS SHALL NOT ARBITRARILY EXCLUDE A PARTICULAR GROUP
OR GROUPS OF TECHNOLOGIES OR COMPANIES; AND (II) THE RESEARCH  CONDUCTED
MAY RESULT IN THE DEVELOPMENT OF INNOVATIVE TECHNOLOGY HAVING THE POTEN-
TIAL  TO LEAD TO COMMERCIALIZATION OR FABRICATION WITHIN NEW YORK OF NEW
OR IMPROVED PRODUCTS, PROCESSES,  OR  SERVICES,  THE  CORPORATION  SHALL
NOTIFY  SUCH  SMALL  BUSINESS  THAT  IT  WILL  AWARD THE FIRM A RESEARCH
CONTRACT. SUCH CONTRACT SHALL BE COMPATIBLE WITH AND A  CONTINUATION  OF
THE  RESEARCH  TO  BE  PERFORMED  UNDER THE SBIR CONTRACT AWARDED BY THE
FEDERAL AGENCY INVOLVED AND SHALL BE  CALCULATED  AS  FOLLOWS:  (I)  THE
AMOUNT OF EACH CONTRACT SHALL EQUAL THE AMOUNT OF THE FEDERAL SBIR AWARD
OR  FIFTY  THOUSAND  DOLLARS, WHICHEVER IS LESS; PROVIDED, HOWEVER, THAT
THE TOTAL AMOUNT OF ALL SUCH  CONTRACTS  SHALL  NOT  EXCEED  THE  AMOUNT
APPROPRIATED  FOR  THIS  PURPOSE,  OR  (II) IN THE EVENT THAT THE TOTAL,
POSSIBLE, MAXIMUM AMOUNT OF ALL CONTRACTS, SUCH TOTAL, POSSIBLE, MAXIMUM
AMOUNT CALCULATED ON THE BASIS OF MATCHING EACH FEDERAL SBIR AWARD IN AN
AMOUNT EQUAL TO THE AMOUNT OF SUCH AWARD,  OR  FIFTY  THOUSAND  DOLLARS,
WHICHEVER  IS  LESS,  EXCEEDS  THE  TOTAL  AMOUNT  APPROPRIATED FOR THIS
PURPOSE, THE AMOUNT OF EACH CONTRACT SHALL BE REDUCED BY A  RATIO  EQUAL
TO THE AMOUNT APPROPRIATED FOR THIS PURPOSE DIVIDED BY THE TOTAL, POSSI-
BLE, MAXIMUM AMOUNT OF ALL CONTRACTS TO BE AWARDED.
  (D)  THE  CORPORATION  SHALL  ESTABLISH  RULES AND REGULATIONS FOR THE
SMALL BUSINESS INNOVATION RESEARCH PROGRAM,  INCLUDING  AWARD  SELECTION
CRITERIA,  WHICH  SHALL  SERVE AS THE BASIS FOR AWARDS FUNDED UNDER THIS
PROGRAM.
  3. THE CORPORATION SHALL NOT DISBURSE ANY MONEYS TO A  SMALL  BUSINESS
UNTIL:
  (A) SUCH SMALL BUSINESS HAS COMPLETED ITS SBIR PHASE I RESEARCH;
  (B) ITS FINAL PHASE I REPORT WITH RESPECT THERETO HAS BEEN ACCEPTED BY
THE FEDERAL AGENCY INVOLVED;
  (C)  ITS PHASE II RESEARCH PROPOSAL HAS BEEN PROPERLY SUBMITTED TO THE
FEDERAL AGENCY INVOLVED; AND
  (D) IT HAS SUBMITTED COPIES OF ITS FINAL PHASE I REPORT AND ITS  PHASE
II PROPOSAL TO THE CORPORATION.

S. 88                               3

  4.  CONSISTENT WITH FEDERAL SBIR PROCEDURES, THE CORPORATION SHALL NOT
DISCLOSE PROPRIETARY INFORMATION WHEN REQUESTED NOT TO DO SO BY  PARTIC-
IPANTS IN THIS PROGRAM.
  5. THE CORPORATION SHALL ANNUALLY SUBMIT A REPORT TO THE GOVERNOR, THE
TEMPORARY  PRESIDENT  OF  THE  SENATE,  AND  THE SPEAKER OF THE ASSEMBLY
DETAILING THE RESULTS OF THE PROGRAM, INCLUDING BUT NOT LIMITED  TO  THE
NUMBER OF NEW YORK SMALL BUSINESSES APPLYING FOR SBIR AWARDS, THE NUMBER
RECEIVING  PHASE  I  AWARDS,  THE  NUMBER RECEIVING PHASE II AWARDS, ANY
PRODUCTS OR PROCESSES  DEVELOPED  AS  A  RESULT  OF  THE  SBIR  RESEARCH
INVOLVED,  ANY PATENTS APPLIED FOR OR LICENSES GRANTED BASED ON THE SBIR
RESEARCH INVOLVED, AN ABSTRACT OF THE SBIR PHASE I AND II WORK PERFORMED
BY NEW YORK FIRMS, AND ANY OTHER INFORMATION PERTINENT IN EVALUATING THE
PROGRAM.
  6. THE CORPORATION SHALL CONDUCT A PROGRAM TO INFORM SMALL  BUSINESSES
OF  THE FEDERAL SBIR PROGRAM AND THIS NEW YORK STATE PROGRAM IN ORDER TO
ENSURE THAT ALL FIRMS HAVE  THE  OPPORTUNITY  TO  PARTICIPATE  IN  THESE
PROGRAMS.
  7.  THE  CORPORATION SHALL FACILITATE AND PROMOTE THE ESTABLISHMENT OF
JOINT SMALL BUSINESS-UNIVERSITY TECHNOLOGY COUNCILS AT THE  CENTERS  FOR
ADVANCED  TECHNOLOGY  AND  OTHER  UNIVERSITIES  WITHIN THE STATE WHEREBY
SMALL FIRMS AND UNIVERSITY EXPERTS CAN FACILITATE THE TRANSFER OF  TECH-
NOLOGY  AND  WORK  TOGETHER  ON  RESEARCH  PROJECTS  RELATED TO THE SBIR
PROGRAM OR OTHER RESEARCH PROJECTS OF MUTUAL INTEREST.
  8. THE PROVISIONS OF THIS SECTION SHALL BE EFFECTIVE IF, AND  AS  LONG
AS,  FEDERAL  FINANCIAL  PARTICIPATION IS AVAILABLE THEREFOR PURSUANT TO
THE SMALL BUSINESS INNOVATION DEVELOPMENT ACT OF 1982.
  S 2. Section 3102-c of the public authorities law is REPEALED.
  S 3. This act shall take effect immediately.

2015-S88A (ACTIVE) - Details

See Assembly Version of this Bill:: A4408
Current Committee:: Senate Corporations, Authorities And Commissions
Law Section:: Public Authorities Law
Laws Affected:: Add §52, UDC Act; rpld §3102-c, Pub Auth L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A4198
2011-2012: S7257, A3410
2013-2014: S104, A2032
2017-2018: A4905

2015-S88A (ACTIVE) - Summary

2015-S88A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S88A

 TITLE OF BILL :  An act to amend the New York state urban development
corporation act, in relation to recodification of the small business
innovation research program and the awards made thereunder within the
urban development corporation; and to repeal section 3102-c of the
public authorities law relating to the small business innovation
research program

 PURPOSE :

This bill would recodify the Small Business Innovation Research
Program within the New York State Urban Development Corporation. This
bill would repeal § 3102-c of the Public Authorities Law.

 SUMMARY OF PROVISIONS :

Section 1 - Amends Chapter 174 of the Laws of 1968 by adding a new
section 52.

Section 2 - Repeals § 3102-c of the Public Authorities Law. Section 3
- Effective date.

 JUSTIFICATION :

The State Small Business Innovation Research (SBIR) Program, which

began in FY 1984-1985, was designed to provide assistance to New
York's newer high technology companies, helping them compete for a
greater share of the federal research contracts awarded under the
federal SBIR program. The State program was highly successful,
increasing the amount of federal SBIR dollars coming into the State
from under $5 million annually to over $30 million by 1991. As
importantly, State assistance under this program greatly increased the
success of federal SBIR Phase I award winners to compete for much
larger SBIR Phase II awards.

Although the State SBIR statute remains in effect, the State stopped
funding the program after its initial success, in part because of
disagreement over how to allocate limited funds among the federal SBIR
award winners. Consequently, New York State, which had moved from 6th
to 3rd place among the states in the number of Phase I winners, has
seen its number of state winners decrease dramatically since funding
for the State program ceased. This bill clarifies how funds will be
allocated so that the program can begin anew to assist small high
technology compa- nies compete for federal SBIR funds which will help
them grow and provide new jobs for New York citizens.

 LEGISLATIVE HISTORY :

2013-14: S.104 -A/A.2032-A Referred to Corpo- rations, Authorities,
and Commissions/Referred to Ways and Means
2011-12: S.7257/A.3410-8 Referred to Corporations Authorities, and
Commissions/Referred to Ways and Means
2009-10: S.4434/A.4198 Committed to Finance/Referred to Ways and Means
2007-08: A.6149 Passed Assembly
2005-06: A.3443 Passed Assembly
2003-04: A.4766 Passed Assembly
2001-02. A.1070 Referred to Small Business
1999-00: A.1304 Passed Assembly
1997-98: A.9404 Passed Assembly

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S88A (ACTIVE) - Bill Text download pdf

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

                                  88--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Corporations,  Authorities
  and  Commissions  --  recommitted  to  the  Committee on Corporations,
  Authorities and Commissions in accordance with Senate Rule 6,  sec.  8
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee

AN ACT to amend the New York state urban development corporation act, in
  relation to recodification of the small business  innovation  research
  program  and  the  awards made thereunder within the urban development
  corporation; and to repeal section 3102-c of  the  public  authorities
  law relating to the small business innovation research program

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

  Section 1. Section 1 of chapter 174 of the laws of 1968,  constituting
the  New  York  state  urban  development corporation act, is amended by
adding a new section 52 to read as follows:
  S 52. SMALL BUSINESS INNOVATION RESEARCH PROGRAM. 1. AS USED  IN  THIS
SECTION, THE FOLLOWING TERMS HAVE THE FOLLOWING MEANINGS:
  (A)  "SMALL BUSINESS INNOVATION RESEARCH PROGRAM" OR "SBIR" MEANS THAT
PROGRAM, ENACTED PURSUANT TO THE SMALL BUSINESS  INNOVATION  DEVELOPMENT
ACT  OF  1982 (P.L. 97-219), WHICH PROVIDES FUNDS TO SMALL BUSINESSES TO
CONDUCT INNOVATIVE RESEARCH HAVING COMMERCIAL APPLICATION.
  (B) "SMALL BUSINESS" MEANS A CORPORATION, PARTNERSHIP, LIMITED LIABIL-
ITY COMPANY, SOLE PROPRIETORSHIP, OR INDIVIDUAL,  OPERATING  A  BUSINESS
FOR PROFIT, WITH TWO HUNDRED FIFTY EMPLOYEES OR FEWER, INCLUDING EMPLOY-
EES  EMPLOYED IN ANY SUBSIDIARY OR AFFILIATED CORPORATION OR OTHER ENTI-
TY, WHICH OTHERWISE MEETS THE REQUIREMENTS OF THE FEDERAL SMALL BUSINESS
INNOVATION RESEARCH PROGRAM.
  2. (A) WITHIN THIRTY DAYS OF THE  PUBLIC  ANNOUNCEMENT  OF  THE  SMALL
BUSINESS INNOVATION RESEARCH PROGRAM PHASE I AWARD WINNERS BY THE APPRO-

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

                                                           LBD00667-02-6

S. 88--A                            2

PRIATE  FEDERAL  AGENCY, THE CORPORATION SHALL CONTACT ALL PHASE I AWARD
RECIPIENTS WHOSE PRINCIPAL PLACE OF BUSINESS IS LOCATED IN  THIS  STATE,
PROVIDE THEM WITH INFORMATION CONCERNING THE PROGRAM AUTHORIZED PURSUANT
TO  THIS  SECTION, AND ADVISE THEM OF THE REQUIREMENTS RELATING THERETO.
ANY SUCH RECIPIENT, AT LEAST THIRTY DAYS PRIOR TO THE COMPLETION OF  ITS
SBIR  PHASE I GRANT PERIOD, MAY, AT ITS DISCRETION, SUBMIT TO THE CORPO-
RATION A NOTICE OF ITS DESIRE TO SECURE RESEARCH FUNDING PURSUANT TO THE
PROVISIONS OF THIS SECTION, ALONG WITH A COPY OF  ITS  ORIGINAL  FEDERAL
SBIR  PROPOSAL  AND  SUCH  ADDITIONAL INFORMATION AS THE CORPORATION MAY
REQUIRE TO ASSIST IT IN DETERMINING THE ELIGIBILITY  OF  SUCH  RECIPIENT
FOR THIS PROGRAM.
  (B)  IN ADDITION TO RECEIPT OF AN SBIR AWARD, ANY SMALL BUSINESS SHALL
MEET THE FOLLOWING CRITERIA:
  I. SUCH SMALL BUSINESS'S PRINCIPAL PLACE OF BUSINESS SHALL BE  LOCATED
IN THIS STATE;
  II.  SUCH  SMALL  BUSINESS  SHALL  CERTIFY  THAT  THE  RESEARCH  TO BE
CONDUCTED WILL BE PERFORMED SOLELY IN THIS STATE;
  III. NO MONEYS SHALL BE EXPENDED FOR TRAVEL, EQUIPMENT, OR FACILITIES;
AND
  IV. NOT MORE THAN ONE-THIRD OF ANY MONEYS AWARDED TO  A  FIRM  BY  THE
FOUNDATION  MAY  BE  USED  TO  CONTRACT  FOR  RESEARCH  OR OTHER RELATED
SERVICES.
  (C) UPON A FINDING BY THE CORPORATION THAT: (I) A PHASE I AWARD RECIP-
IENT WHOSE PRINCIPAL PLACE OF BUSINESS IS IN NEW YORK HAS SATISFACTORILY
MET ALL THE REQUIREMENTS OF THIS SECTION AND ANY ADDITIONAL REQUIREMENTS
THE CORPORATION MAY DEEM NECESSARY; PROVIDED,  HOWEVER,  THAT  ANY  SUCH
ADDITIONAL REQUIREMENTS SHALL NOT ARBITRARILY EXCLUDE A PARTICULAR GROUP
OR  GROUPS OF TECHNOLOGIES OR COMPANIES; AND (II) THE RESEARCH CONDUCTED
MAY RESULT IN THE DEVELOPMENT OF INNOVATIVE TECHNOLOGY HAVING THE POTEN-
TIAL TO LEAD TO COMMERCIALIZATION OR FABRICATION WITHIN NEW YORK OF  NEW
OR  IMPROVED  PRODUCTS,  PROCESSES,  OR  SERVICES, THE CORPORATION SHALL
NOTIFY SUCH SMALL BUSINESS THAT  IT  WILL  AWARD  THE  FIRM  A  RESEARCH
CONTRACT.  SUCH  CONTRACT SHALL BE COMPATIBLE WITH AND A CONTINUATION OF
THE RESEARCH TO BE PERFORMED UNDER THE  SBIR  CONTRACT  AWARDED  BY  THE
FEDERAL  AGENCY  INVOLVED  AND  SHALL  BE CALCULATED AS FOLLOWS: (I) THE
AMOUNT OF EACH CONTRACT SHALL EQUAL THE AMOUNT OF THE FEDERAL SBIR AWARD
OR FIFTY THOUSAND DOLLARS, WHICHEVER IS LESS;  PROVIDED,  HOWEVER,  THAT
THE  TOTAL  AMOUNT  OF  ALL  SUCH  CONTRACTS SHALL NOT EXCEED THE AMOUNT
APPROPRIATED FOR THIS PURPOSE, OR (II) IN  THE  EVENT  THAT  THE  TOTAL,
POSSIBLE, MAXIMUM AMOUNT OF ALL CONTRACTS, SUCH TOTAL, POSSIBLE, MAXIMUM
AMOUNT CALCULATED ON THE BASIS OF MATCHING EACH FEDERAL SBIR AWARD IN AN
AMOUNT  EQUAL  TO  THE  AMOUNT OF SUCH AWARD, OR FIFTY THOUSAND DOLLARS,
WHICHEVER IS LESS,  EXCEEDS  THE  TOTAL  AMOUNT  APPROPRIATED  FOR  THIS
PURPOSE,  THE  AMOUNT OF EACH CONTRACT SHALL BE REDUCED BY A RATIO EQUAL
TO THE AMOUNT APPROPRIATED FOR THIS PURPOSE DIVIDED BY THE TOTAL, POSSI-
BLE, MAXIMUM AMOUNT OF ALL CONTRACTS TO BE AWARDED.
  (D) THE CORPORATION SHALL ESTABLISH  RULES  AND  REGULATIONS  FOR  THE
SMALL  BUSINESS  INNOVATION  RESEARCH PROGRAM, INCLUDING AWARD SELECTION
CRITERIA, WHICH SHALL SERVE AS THE BASIS FOR AWARDS  FUNDED  UNDER  THIS
PROGRAM.
  3.  THE  CORPORATION SHALL NOT DISBURSE ANY MONEYS TO A SMALL BUSINESS
UNTIL:
  (A) SUCH SMALL BUSINESS HAS COMPLETED ITS SBIR PHASE I RESEARCH;
  (B) ITS FINAL PHASE I REPORT WITH RESPECT THERETO HAS BEEN ACCEPTED BY
THE FEDERAL AGENCY INVOLVED;

S. 88--A                            3

  (C) ITS PHASE II RESEARCH PROPOSAL HAS BEEN PROPERLY SUBMITTED TO  THE
FEDERAL AGENCY INVOLVED; AND
  (D)  IT HAS SUBMITTED COPIES OF ITS FINAL PHASE I REPORT AND ITS PHASE
II PROPOSAL TO THE CORPORATION.
  4. CONSISTENT WITH FEDERAL SBIR PROCEDURES, THE CORPORATION SHALL  NOT
DISCLOSE  PROPRIETARY INFORMATION WHEN REQUESTED NOT TO DO SO BY PARTIC-
IPANTS IN THIS PROGRAM.
  5. THE CORPORATION SHALL ANNUALLY SUBMIT A REPORT TO THE GOVERNOR, THE
TEMPORARY PRESIDENT OF THE SENATE,  AND  THE  SPEAKER  OF  THE  ASSEMBLY
DETAILING  THE  RESULTS OF THE PROGRAM, INCLUDING BUT NOT LIMITED TO THE
NUMBER OF NEW YORK SMALL BUSINESSES APPLYING FOR SBIR AWARDS, THE NUMBER
RECEIVING PHASE I AWARDS, THE NUMBER  RECEIVING  PHASE  II  AWARDS,  ANY
PRODUCTS  OR  PROCESSES  DEVELOPED  AS  A  RESULT  OF  THE SBIR RESEARCH
INVOLVED, ANY PATENTS APPLIED FOR OR LICENSES GRANTED BASED ON THE  SBIR
RESEARCH INVOLVED, AN ABSTRACT OF THE SBIR PHASE I AND II WORK PERFORMED
BY NEW YORK FIRMS, AND ANY OTHER INFORMATION PERTINENT IN EVALUATING THE
PROGRAM.
  6.  THE CORPORATION SHALL CONDUCT A PROGRAM TO INFORM SMALL BUSINESSES
OF THE FEDERAL SBIR PROGRAM AND THIS NEW YORK STATE PROGRAM IN ORDER  TO
ENSURE  THAT  ALL  FIRMS  HAVE  THE  OPPORTUNITY TO PARTICIPATE IN THESE
PROGRAMS.
  7. THE CORPORATION SHALL FACILITATE AND PROMOTE THE  ESTABLISHMENT  OF
JOINT  SMALL  BUSINESS-UNIVERSITY TECHNOLOGY COUNCILS AT THE CENTERS FOR
ADVANCED TECHNOLOGY AND OTHER  UNIVERSITIES  WITHIN  THE  STATE  WHEREBY
SMALL  FIRMS AND UNIVERSITY EXPERTS CAN FACILITATE THE TRANSFER OF TECH-
NOLOGY AND WORK TOGETHER  ON  RESEARCH  PROJECTS  RELATED  TO  THE  SBIR
PROGRAM OR OTHER RESEARCH PROJECTS OF MUTUAL INTEREST.
  8.  THE  PROVISIONS OF THIS SECTION SHALL BE EFFECTIVE IF, AND AS LONG
AS, FEDERAL FINANCIAL PARTICIPATION IS AVAILABLE  THEREFOR  PURSUANT  TO
THE SMALL BUSINESS INNOVATION DEVELOPMENT ACT OF 1982.
  S 2. Section 3102-c of the public authorities law is REPEALED.
  S 3. This act shall take effect immediately.

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