S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        154--A
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced by Sens. GALLIVAN, MAZIARZ -- read twice and ordered printed,
         and  when  printed  to  be committed to the Committee on Corporations,
         Authorities and Commissions --  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  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:
    1    Section  1. Section 1 of chapter 174 of the laws of 1968, constituting
    2  the New York state urban development  corporation  act,  is  amended  by
    3  adding a new section 46 to read as follows:
    4    S  46.  SMALL BUSINESS INNOVATION RESEARCH (SBIR)/SMALL BUSINESS TECH-
    5  NOLOGY TRANSFER (STTR) TECHNICAL ASSISTANCE PROGRAM. 1. THE SMALL  BUSI-
    6  NESS  INNOVATION  RESEARCH/SMALL  BUSINESS TECHNOLOGY TRANSFER TECHNICAL
    7  ASSISTANCE PROGRAM, HEREAFTER REFERRED TO AS "THE  PROGRAM",  IS  HEREBY
    8  CREATED IN THE CORPORATION FOR THE PURPOSES OF PROVIDING FUNDS TO ELIGI-
    9  BLE  ENTITIES TO PROVIDE TECHNICAL ASSISTANCE TO SMALL BUSINESSES OF ONE
   10  HUNDRED EMPLOYEES OR LESS AND LOCATED IN NEW  YORK  STATE  IN  COMPETING
   11  SUCCESSFULLY  FOR  GRANTS  MADE AVAILABLE THROUGH PHASE I OF THE FEDERAL
   12  SMALL BUSINESS INNOVATION RESEARCH PROGRAM AS ENACTED  PURSUANT  TO  THE
   13  SMALL  BUSINESS  INNOVATION DEVELOPMENT ACT OF 1982, AND THE SMALL BUSI-
   14  NESS TECHNOLOGY TRANSFER ACT OF 1982, SO AS TO INCREASE  THE  NUMBER  OF
   15  PHASE I SBIR AND STTR AWARD WINNERS WITHIN THE STATE.
   16    2.  TECHNICAL  ASSISTANCE SERVICES UNDER THIS SECTION MAY INCLUDE, BUT
   17  ARE NOT LIMITED TO:
   18    (A) OUTREACH TO SMALL BUSINESSES TO  PROMOTE  AWARENESS  OF  SBIR/STTR
   19  PROGRAM SOLICITATIONS;
   20    (B)  COUNSELING  TO  DETERMINE  THE  ABILITY  OF  A BUSINESS TO PURSUE
   21  SBIR/STTR PHASE I FUNDING, THE TECHNOLOGY MATCH WITH THE FEDERAL  AGENCY
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01964-03-3
       S. 154--A                           2
    1  SOLICITATION  TO BE PURSUED, THE QUALIFICATIONS OF PERSONNEL INVOLVED IN
    2  THE PROPOSED PROJECT, AND THE LEVEL OF SUPPORT NEEDED FROM THE TECHNICAL
    3  ASSISTANCE PROGRAM TO PRODUCE A COMPETITIVE APPLICATION; AND
    4    (C) PROPOSAL PREPARATION ASSISTANCE INCLUDING GRANT WRITING, TECHNOLO-
    5  GY EVALUATION, AND GENERAL PROPOSAL EVALUATION.
    6    3.  IN  DETERMINING WHETHER TO PROVIDE TECHNICAL ASSISTANCE AUTHORIZED
    7  PURSUANT TO THIS SECTION TO A SMALL BUSINESS,  ELIGIBLE  ENTITIES  SHALL
    8  CONSIDER  THE  PROBABILITY  OF  SUCH  BUSINESS COMMERCIALIZING ANY INNO-
    9  VATIONS RESULTING FROM RESEARCH FUNDED BY AN SBIR OR STTR AWARD  IN  NEW
   10  YORK STATE.
   11    4.  ELIGIBLE ENTITIES. (A) ENTITIES THAT ARE ELIGIBLE TO RECEIVE FUNDS
   12  UNDER THIS SECTION SHALL HAVE DEMONSTRABLE  EXPERIENCE  AND  SUCCESS  IN
   13  PROVIDING  TECHNICAL ASSISTANCE AUTHORIZED PURSUANT TO THIS SECTION, AND
   14  AS DETERMINED BY THE CORPORATION, AND SHALL INCLUDE:
   15    (I) CENTERS FOR ADVANCED TECHNOLOGY ESTABLISHED  PURSUANT  TO  SECTION
   16  3102-B OF THE PUBLIC AUTHORITIES LAW;
   17    (II)  TECHNOLOGY  DEVELOPMENT  CORPORATIONS  ESTABLISHED  PURSUANT  TO
   18  SECTION THIRTY-ONE HUNDRED TWO-D OF THE PUBLIC AUTHORITIES LAW;
   19    (III) STATE UNIVERSITY OF NEW YORK ENGINEERING SCHOOLS THAT ADMINISTER
   20  THE STRATEGIC PARTNERSHIP FOR INDUSTRIAL RESURGENCE PROGRAM; AND
   21    (IV) CENTERS OF EXCELLENCE ESTABLISHED PURSUANT TO SECTION 3 OF PART T
   22  OF CHAPTER 84 OF THE LAWS OF 2002 AND SECTION FOUR HUNDRED  TEN  OF  THE
   23  ECONOMIC DEVELOPMENT LAW.
   24    (B)  PREFERENCE  FOR RECEIVING FUNDS UNDER THIS SECTION SHALL BE GIVEN
   25  TO ENTITIES THAT PARTNER WITH OTHER ELIGIBLE  ENTITIES  TO  PROVIDE  THE
   26  FULL  RANGE OF TECHNICAL ASSISTANCE SERVICES AS SPECIFIED IN SUBDIVISION
   27  TWO OF THIS SECTION.
   28    (C) ENTITIES RECEIVING FUNDS UNDER THIS SECTION SHALL MATCH SUCH FUNDS
   29  ON A ONE-TO-ONE BASIS. SUCH MATCH SHALL CONSIST OF  ACTUAL  CASH,  SALA-
   30  RIES,  STAFF  TIME, OR EXPENSES DIRECTLY ATTRIBUTABLE TO THE PURPOSES OF
   31  THIS SECTION. OVERHEAD COSTS MAY NOT BE INCLUDED IN THE MATCH.
   32    5. USE OF FUNDS. (A) FUNDS CAN BE USED FOR COSTS RELATED TO CONDUCTING
   33  OUTREACH TO SMALL BUSINESSES TO PROMOTE AWARENESS OF  SBIR/STTR  PROGRAM
   34  SOLICITATIONS,  GRANT  PREPARATION  AND  REVIEW,  AND PRINTING COSTS AND
   35  SUPPLIES ASSOCIATED WITH THE SUBMISSION OF GRANTS.
   36    (B) FROM SUCH FUNDS AS MAY BE APPROPRIATED FOR  THIS  PURPOSE  BY  THE
   37  LEGISLATURE,  THE  CORPORATION SHALL MAKE COMPETITIVE AWARDS ANNUALLY IN
   38  AMOUNTS OF UP TO TWO HUNDRED THOUSAND DOLLARS TO PROVIDERS OF ASSISTANCE
   39  PURSUANT TO THIS SECTION.
   40    6. REPORTING REQUIREMENTS. (A) ENTITIES RECEIVING FUNDS SHALL ANNUALLY
   41  PROVIDE TO THE CORPORATION DETAILS ON THE FOLLOWING:
   42    (I) DESCRIPTION  OF  SMALL  BUSINESSES  SERVED,  INCLUDING  TECHNOLOGY
   43  FOCUS, BUSINESS SIZE AND LOCATION;
   44    (II)  SBIR  AND  STTR  GRANTS  APPLIED FOR AND RECEIVED AS A RESULT OF
   45  ASSISTANCE PROVIDED; AND
   46    (III) ANY OTHER INFORMATION DEEMED APPROPRIATE BY THE CORPORATION.
   47    (B) THE CORPORATION SHALL INCLUDE THE INFORMATION PROVIDED PURSUANT TO
   48  SUBDIVISION FIVE OF THIS SECTION IN THE ANNUAL REPORT FILED PURSUANT  TO
   49  SECTION 404 OF THE ECONOMIC DEVELOPMENT LAW.
   50    (C)  ON  OR  BEFORE  FEBRUARY FIRST, TWO THOUSAND FOURTEEN, THE CORPO-
   51  RATION SHALL EVALUATE  THE  EFFECTIVENESS  OF  THE  SBIR/STTR  TECHNICAL
   52  ASSISTANCE PROGRAM AND REPORT SUCH FINDINGS TO THE GOVERNOR AND LEGISLA-
   53  TURE.  THE  CORPORATION SHALL ALSO MAKE RECOMMENDATIONS AS TO THE APPRO-
   54  PRIATENESS OF EXPANDING THE PROGRAM TO PROVIDE ASSISTANCE  TO  SBIR/STTR
   55  PHASE II APPLICANTS.
   56    S 2. This act shall take effect immediately.