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.