|SAME AS||SAME AS S07546|
|COSPNSR||Rodriguez, Fahy, Lavine, Mosley, Oaks, Stirpe, Rivera, Benedetto, Raia, Goodell|
|Add §16-bb, amd §16-m, UDC Act|
|Establishes the New York state innovation voucher program; provides small businesses with access to research and development by colleges and universities, government laboratories and public research institutes in order to assist such businesses in the creation of innovative products or services.|
|01/31/2018||referred to small business|
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9671 SPONSOR: Buchwald
TITLE OF BILL: An act to amend the urban development corporation act, in relation to establishing the New York state innovation voucher program   PURPOSE OR GENERAL IDEA OF BILL: This legislation creates the New York State "Innovation Vouchers" program. Under the program, Innovation Vouchers would go directly to small businesses, to provide dollar-for-dollar matching funds to acquire expertise from colleges and universities, government laboratories and public research institutes. A public-private partnership would be formed, connecting small businesses with research and development facil- ities to create jobs and innovation in New York.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 defines the title as the "New York State Innovation Voucher Program Act." Section 2, Paragraph 1 establishes the New York State Innovation Voucher Program within the Empire State Development Corporation Section 2, Paragraph 2 defines the terms in the act. Section 2, Paragraph 3 describes the selection of eligible recipients. Section 2, Paragraph 4 requires the Empire State Development Corporation to identify a list of potential research and development partners in New York State, and post such list on their website, which would be required to be updated quarterly. Section 2, Paragraph 5 establishes Innovation Vouchers for up to $10,000 and requires the Empire State Development Corporation to institute criteria for voucher eligibility determination. In rare occasions, Inno- vation Vouchers of $50,000 may be awarded to an exceptional applicant. Recipients must match each voucher dollar-for-dollar, and may choose a research and development partner that they find compatible. The Empire State Development Corporation is authorized to establish a payment structure to the recipient through rules and regulations. Section 2, Paragraph 6 requires the Empire State Development Corporation to provide outreach to small businesses, including but not limited to minority- and women-owned enterprises and veteran-owned businesses. Section 2, Paragraph 7 requires periodic evaluation of the Innovative Voucher program to measure its economic impact. Section 2, Paragraph 8 authorizes the Empire State Development Corpo- ration use funds available under the Economic Development Fund (Section 16-m of the Urban Development Corporation Act) or from any other funds appropriated. Section 3 amends Section 16-m of the Urban Development Corporation Act to authorize the Innovative Vouchers program as an eligible program under the Economic Development Fund. Section 4 authorizes the Empire State Development Corporation to promul- gate rules and regulations. Section 5 sets the effective date.   JUSTIFICATION: Small businesses often do not have the resources needed to harness expertise in research and development. Meanwhile, scientific, technolog- ical and other research facilities have the capacity to provide insights and assistance to new projects. Funding the linkage between these two groups would lead to new opportunities for economic growth in New York State. Under this program, Innovation Vouchers would be issued directly to small businesses that apply. Small businesses would be selected based on the strength of their proposals and would then provide matching funds of their own to take advantage and demonstrate a commitment to the collaboration. The sum of the public and private monies would be directed toward universities, national laboratories and public research institutes for assisting the businesses with technical challenges for innovation. According to "The 2014 State New Economy Index" published by The Infor- mation Technology and Innovation Foundation (ITIF), this is an idea that has a recorded history of success in other countries, including Austria, Belgium, Canada, Denmark, Germany, the Netherlands, Ireland, and Sweden. Based on information from Senter Novem, an innovation agency in Holland, "eight out of ten vouchers issued resulted in an innovation that other- wise would not have come to fruition, and 80 percent of new R&D jobs created in Holland since 2005 are attributable to the vouchers." In addition, Connecticut's "Entrepreneur Innovation Award" program adminis- tered by the state's CT Next agency has proven that this is a concept that can be successful in the United States. The prospect of creating jobs for small businesses, while harnessing the innovation of our research institutions, argues strongly for bringing Innovation Vouchers to New York. The number of jobs created and the economic momentum fostered would be the metric used to measure the success of the program. Another significant performance metric that will be analyzed is the number patents produced as a result of the collab- orations.   FISCAL IMPLICATIONS: Undetermined.   IMPACT ON REGULATION OF BUSINESSES AND INDIVIDUALS: None.   LEGISLATIVE HISTORY: 2017: A. 1260A (Buchwald)- Passed Assembly / S. 817A (Funke) - Passed Senate Vetoed by Governor 2015/2016: A. 2126A (Buchwald) - Passed Assembly / S3894A (Funke) - Referred to Finance   EFFECTIVE DATE: This act shall take effect on the one hundred eightieth day after it shall have become a law; provided, however, that any rules or regu- lations necessary for the timely implementation of this act on its effective date may be promulgated on or before such effective date.
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STATE OF NEW YORK ________________________________________________________________________ 9671 IN ASSEMBLY January 31, 2018 ___________ Introduced by M. of A. BUCHWALD -- read once and referred to the Commit- tee on Small Business AN ACT to amend the urban development corporation act, in relation to establishing the New York state innovation voucher program The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "New York state innovation voucher program act". 3 § 2. Section 1 of chapter 174 of the laws of 1968, constituting the 4 New York state urban development corporation act, is amended by adding a 5 new section 16-bb to read as follows: 6 § 16-bb. New York state innovation voucher program. (1) Program estab- 7 lished. There is hereby established a New York state innovation voucher 8 program under the purview of the empire state development corporation. 9 Such program shall provide small businesses with access to research and 10 development by colleges and universities, government laboratories and 11 public research institutes in order to assist such businesses in the 12 creation of innovative products or services that provide job retention 13 and expansion. 14 (2) Definitions. For the purposes of this section, the following terms 15 shall have the following meanings: 16 (a) "Eligible recipient" shall mean small businesses as defined in 17 section one hundred thirty-one of the economic development law. 18 (b) "Eligible projects" for vouchers authorized pursuant to this 19 section shall mean research and development projects leading to inno- 20 vation of products or services. Eligible costs shall include, but not be 21 limited to, the development of prototypes, field testing, engineering or 22 other projects authorized by the corporation that enhance innovation of 23 products or services that result in job growth and business expansion 24 within the state. 25 (c) "Ineligible expense" shall mean reimbursement of time spent by the 26 employees or owners of the small business; grant or voucher application 27 costs; routine and readily-predictable business expenses; design and 28 production of marketing or advertising materials; basic professional EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01581-05-8A. 9671 2 1 services such as ongoing routine accounting, tax or legal services; 2 building or equipment construction costs; financing fees; travel and 3 entertainment costs; hospitality costs; and any other expenses deemed 4 ineligible by the corporation. 5 (d) "Research and development partner" shall mean colleges, universi- 6 ties, state and national government laboratories, and public research 7 institutes in New York state. 8 (e) "Exceptionally innovative projects" shall mean projects that 9 demonstrate a potential for substantial economic growth and job develop- 10 ment in an emerging technology field, as defined by the corporation, 11 through the promulgation of rules and regulations, as emerging technolo- 12 gy fields from those fields listed in subparagraphs one, two, three, 13 four and five of paragraph (b) of subdivision one of section thirty-one 14 hundred two-e of the public authorities law. 15 (3) Selection of eligible recipients. (a) Eligible recipients shall be 16 selected by the corporation based on the strength of their proposals, 17 including evaluation of the innovative nature of the project, its tech- 18 nical feasibility, commercial viability and the potential impact on the 19 retention and creation of new jobs. 20 (b) Small businesses may identify desired or potential research and 21 development partners as part of their applications. Advance determi- 22 nations of the business' research and development partner shall not be a 23 requirement for receipt of an innovation voucher. 24 (c) Applications shall be judged by an advisory committee, or regional 25 advisory committee, appointed by the president of the corporation 26 consisting of members of the higher education, science and technology, 27 and business communities. 28 (4) Research and development partners. The corporation shall identify 29 a list of potential research and development partners in New York state 30 that have appropriate facilities and resources to participate in the 31 innovation voucher program and are willing to accept vouchers from 32 eligible recipients for payment of their services. The list of potential 33 research and development partners shall be displayed on the corpo- 34 ration's website, and shall be reviewed and revised at least quarterly. 35 (5) Vouchers and matching funds. (a) The corporation, upon the recom- 36 mendation of the advisory committee, may award vouchers up to ten thou- 37 sand dollars for each eligible project. Upon the recommendation of the 38 advisory committee, the corporation may award a voucher in an amount up 39 to fifty thousand dollars where a project is deemed exceptionally inno- 40 vative. Criteria for determination of awards shall be established by the 41 corporation in rules and regulations. Eligible recipients shall match 42 the value of the voucher on a dollar-for-dollar basis and shall apply 43 such amount to the voucher-funded project. 44 (b) If an applicant is approved by the corporation for a voucher based 45 on the merits of an eligible project, such eligible recipient shall be 46 authorized to enter into a working agreement with the appropriate 47 research and development partner. The eligible recipient shall notify 48 the corporation of the research and development partner collaboration to 49 be formed to further research and development. Payment of the voucher 50 shall be made based on a payment structure established by the corpo- 51 ration in rules and regulations promulgated pursuant to section four of 52 this act to administer a collaboration. 53 (6) Outreach. To ensure maximum awareness of the innovation voucher 54 program, the corporation shall develop and implement a plan to dissem- 55 inate information and materials to small businesses, including but notA. 9671 3 1 limited to minority- and women-owned enterprises and veteran-owned busi- 2 nesses. 3 (7) Reports. The corporation shall post quarterly reports stating: the 4 number and monetary value of vouchers issued; the amount of program 5 funding used for the vouchers; the recipient of the the vouchers and 6 research and development partner; and any other appropriate metrics to 7 measure the success of the program, including but not limited to, the 8 number of jobs created or retained, the number of patents produced as a 9 result of the collaboration, a description of the economic development 10 impact and such other information as the corporation may deem necessary. 11 Such quarterly reports shall also include a list of current advisory 12 committee members and a list of current research and development part- 13 ners approved by the corporation. 14 (8) Funding. The corporation is authorized, within available appropri- 15 ations in the empire state development fund established pursuant to 16 section sixteen-m of this act or from any other funds appropriated, to 17 make innovative vouchers available to eligible recipients. 18 § 3. Subdivision 1 of section 16-m of section 1 of chapter 174 of the 19 laws of 1968, constituting the New York state urban development corpo- 20 ration act, is amended by adding a new paragraph (o) to read as follows: 21 (o) Vouchers to eligible entities as set forth in section sixteen-bb 22 of this act to support the New York state innovation voucher program to 23 assist small business access to research and development by colleges and 24 universities, government laboratories and public research institutes to 25 support such businesses in the creation of innovative products or 26 services. 27 § 4. Rules and regulations. The empire state development corporation 28 is authorized to promulgate rules and regulations in accordance with the 29 state administrative procedure act that are necessary to fulfill the 30 purposes of this act. Such rules and regulations shall be completed 31 within one hundred eighty days after the effective date of this act. 32 § 5. This act shall take effect on the one hundred eightieth day after 33 it shall have become a law; provided, however, that the amendments to 34 subdivision 1 of section 16-m of section 1 of chapter 174 of the laws of 35 1968, constituting the New York state urban development corporation act, 36 made by section three of this act shall not affect the expiration of 37 such section and shall be deemed to expire therewith; provided, further, 38 that any rules and regulations necessary for the timely implementation 39 of this act on its effective date may be promulgated on or before such 40 effective date.