Bill Text: NJ S395 | 2024-2025 | Regular Session | Introduced
Bill Title: Establishes NJ Fusion Technology Industry Commission.
Spectrum: Bipartisan Bill
Status: (Introduced) 2024-01-09 - Introduced in the Senate, Referred to Senate Economic Growth Committee [S395 Detail]
Download: New_Jersey-2024-S395-Introduced.html
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Senator JOSEPH PENNACCHIO
District 26 (Morris and Passaic)
Senator NILSA I. CRUZ-PEREZ
District 5 (Camden and Gloucester)
SYNOPSIS
Establishes NJ Fusion Technology Industry Commission.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act establishing the New Jersey Fusion Technology Industry Commission, and supplementing Title 52 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. For purposes of P.L. , c. (C. ) (pending before the Legislature as this bill):
"Advanced technology center" means outstanding programs or departments at New Jersey's public institutions of higher education and private institutions of higher education, which are provided substantial and concentrated financial support to promote their development into national-level bases for innovative fusion energy and technology research.
"Business incubation facilities" means facilities that provide space and technical assistance to a targeted network of fusion energy and technology developmental businesses, consisting of low-cost space, for short-term occupancy, to new companies employing selected technologies congruent with the development of fusion technologies by the State's public institutions of higher education and private institutions of higher education.
"Commission" means the New Jersey Fusion Technology Industry Commission established pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).
"Innovation partnership
grants" means matching grants to academic researchers performing applied
research in emerging fusion technologies at the State's public institutions of
higher education and private institutions of higher education, which are of
strategic importance to the New Jersey fusion economy, under regulations
adopted by the commission pursuant to the "Administrative Procedure
Act," P.L.1968, c.410
(C.52:14B-1 et seq.).
"Private institution of higher education" means independent colleges or universities incorporated and located in New Jersey, which by virtue of law or character or license, are nonprofit educational institutions authorized to grant academic degrees and which provide a level of education which is equivalent to the education provided by the State's public institutions of higher education as attested by the receipt of and continuation of regional accreditation by the Middle States Association of Colleges and Schools, and which are eligible to receive State aid.
"Public institution of higher education" means Rutgers, The State University, the State colleges, the New Jersey Institute of Technology, Rowan University, Montclair State University, the county colleges and any other public university or college now or hereafter established or authorized by law.
"Technology extension services" means programs to accelerate the application and transfer of technological innovation by the State's public institutions of higher education and private institutions of higher education to existing fusion technology industry, specifically to work with the State's businesses to adapt these innovations to the requirements of commercial application.
2. The New Jersey Fusion Technology Industry Commission is created and established in the Executive Branch of the State Government. For the purposes of complying with the provisions of Article V, Section IV, paragraph 1 of the New Jersey Constitution, the commission is allocated within the Department of the Treasury, but notwithstanding this allocation, the commission shall be independent of any supervision or control by the department or by any board or officer thereof.
3. a. The commission shall consist of the following eleven members:
(1) two public members to be appointed by the Governor, with each having a background in a field of fusion energy, plasma physics, or physics, or in a business related to fusion technology or fusion energy;
(2) one public member to be appointed by the Governor upon the recommendation of the President of the Senate, one public member to be appointed by the Governor upon the recommendation of the Speaker of the General Assembly, one public member appointed by the Governor upon the recommendation of the Senate Minority Leader, and one public member appointed by the Governor upon the recommendation of the Assembly Minority Leader, with each having a background in a field of fusion energy, plasma physics, or physics, or in a business related to fusion technology or energy;
(3) the Secretary of Higher Education, ex officio, or the secretary's duly authorized representative;
(4) the chair of the New Jersey Commission on Science, Innovation and Technology designated pursuant to section 6 of P.L.1985, c.102 (C.52:9X-6), ex officio, or the chair's duly authorized representative;
(5) the Executive Director of the New Jersey Economic Development Authority, ex officio, or the executive director's duly authorized representative; and
(6) two presidents or departmental administrators from the State's public institutions of higher education or private institutions of higher education, who shall be appointed annually by the Governor and who shall serve as non-voting members.
b. In the selection of the six public members, a strong effort shall be made to appoint women and minorities to the commission.
c. The commission members who are not presidents or departmental administrators from the State's public institutions of higher education and private institutions of higher education have a right to vote on the various matters considered by the commission.
4. a. The terms of the public members of the commission appointed by the Governor shall be for five years or until their successors are appointed, except that of the appointments first made to the commission under P.L. , c. (C. ) (pending before the Legislature as this bill), two shall serve for three years or until a successor is appointed, two shall serve for four years or until a successor is appointed, and two shall serve for five years or until their successors are appointed, as determined by the Governor. Any vacancy shall be filled in the same manner as the original appointment, but only for the balance of the unexpired term. The commission members shall serve without compensation, but shall be reimbursed for necessary expenses incurred in the performance of their duties, within the limits of funds appropriated or otherwise made available to the commission for its purposes.
b. Each member appointed by the Governor may be removed from office by the Governor, for cause, after a public hearing, and may be suspended by the Governor pending the completion of the hearing. Each member, before entering upon the member's duties, shall take and subscribe an oath to perform the duties of the office faithfully, impartially, and justly to the best of the member's ability. A record of these oaths shall be filed in the office of the Secretary of State.
c. The Governor shall designate the chair of the commission from among the public members appointed by the Governor.
5. a. The commission shall appoint an executive director, who shall serve at the pleasure of the commission and who shall receive compensation as set by the commission.
b. The executive director shall be responsible for the selection of properly qualified staff members of the commission. Staff members shall have strong backgrounds in science, innovation, and technology, preferably related to fusion technology, as well as in economic development.
6. The commission shall:
a. be responsible for the development and oversight of policies and programs to aid in the development of fusion energy and technology in New Jersey;
b. ensure that the programs in fusion energy and technology development are adequately funded to achieve their stated goals;
c. stimulate academic-industrial collaboration through such mechanisms as advanced technology centers, innovation partnership grants, business incubation facilities, and technology extension services;
d. plan and assist in the establishment of new advanced technology centers, business incubation facilities, and technology extension services and adopt rules and regulations regarding the operation of these activities;
e. coordinate activities of the advanced technology centers, business incubation facilities, and technology extension services in conjunction with designated public and private institutions of higher education;
f. recommend funding levels, determine eligible fields, and supervise the process of making awards for innovation partnership grants;
g. continue to identify and support research opportunities at New Jersey academic institutions and other institutions that can advance economic development and employment;
h. encourage and coordinate activities to help entrepreneurs and institutions;
i. monitor changes in national and international economic conditions which might justify a recommendation of a reorientation of the State's fusion energy and technology programs;
j. adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to effectuate the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill);
k. adopt, amend, and repeal bylaws for the regulation of its affairs and the conduct of its business;
l. adopt and have a seal and alter the same at its pleasure;
m. have the authority to sue and be sued;
n. have the authority to conduct meetings and public hearings in connection with the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill);
o. have the authority to enter into contracts, public and private, with a person upon those terms and conditions as the commission determines to be reasonable and to effectuate the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill);
p. employ consultants and specialists in fusion energy and technology and any other employees as may be required in the judgment of the commission to effectuate the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill);
q. receive and disburse funds from non-State sources including but not limited to federal funds; and
r. have the authority to do any and all things necessary or convenient to carry out its purposes and exercise the powers granted in P.L. , c. (C. ) (pending before the Legislature as this bill).
7. The commission shall annually report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature. Each report shall set forth a complete operating and financial statement covering the operations of the commission under P.L. , c. (C. ) (pending before the Legislature as this bill) along with legislative and other policy recommendations for encouraging the development of fusion energy and fusion technology and the expansion of the fusion industry in this State.
8. This act shall take effect immediately.
STATEMENT
This bill establishes the New Jersey Fusion Technology Industry Commission in the Department of the Treasury (department), but independent of any supervision or control by the department.
The commission is to consist of the following 11 members: two public members to be appointed by the Governor; one public member to be appointed by the Governor upon the recommendation of the President of the Senate; one public member to be appointed by the Governor upon the recommendation of the Speaker of the General Assembly; one public member appointed by the Governor upon the recommendation of the Senate Minority Leader; and one public member appointed by the Governor upon the recommendation of the Assembly Minority Leader; the Secretary of Higher Education; the chair of the New Jersey Commission on Science, Innovation and Technology; the Executive Director of the New Jersey Economic Development Authority; and two presidents or departmental administrators from the State's public institutions of higher education or private institutions of higher education, who shall serve as non-voting members.
Under the bill, each of the six public members would be required to have a background in a field of fusion energy, plasma physics, or physics, or in a business related to fusion technology or energy. The terms of the six public members would be for five years or until their successors are appointed, except that the terms of the first appointed public members would be staggered. The commission members would serve without compensation, but may be reimbursed for necessary expenses. The Governor would be required to designate the chair of the commission from among the public members, and the commission would appoint an executive director. Under the bill, the executive director would also be responsible for the selection of properly qualified staff members of the commission.
The bill requires the commission to: (1) be responsible for the development and oversight of policies and programs in fusion energy and technology in New Jersey; (2) ensure that the programs in fusion energy and technology development are adequately funded to achieve stated goals; (3) stimulate academic-industrial collaboration; (4) plan and assist in the establishment of new advanced technology centers, business incubation facilities, and technology extension services; (5) coordinate activities of the advanced technology centers, business incubation facilities, and technology extension services; (6) recommend funding levels, determine eligible fields, and supervise the process of making awards for certain grants; (7) continue to identify and to support research opportunities at New Jersey academic institutions and other institutions that can advance economic development and employment; (8) encourage and coordinate activities to help entrepreneurs and institutions; (9) monitor changes in national and international economic conditions which might justify a recommendation of a reorientation of the State's fusion energy and technology programs; (10) adopt rules and regulations; (11) adopt, amend, and repeal bylaws; (12) adopt and have a seal; (13) have the authority to sue and be sued; (14) have the authority to conduct meetings and public hearings; (15) have the authority to enter into contracts; (16) employ consultants and specialists in fusion energy and technology and any employees as may be required; (17) receive and disburse funds from non-State sources including but not limited to federal funds; and (18) conduct any other actions necessary or convenient to carry out its purposes and exercise its powers.
Under the bill, the commission would be required to annually report to the Governor and the Legislature. Each report would be required to set forth a complete operating and financial statement covering the operations of the commission along with legislative and other policy recommendations for encouraging the development of fusion technology and the expansion of the fusion industry in the State.
