A04408 Summary:

BILL NOA04408A
 
SAME ASSAME AS S00088-A
 
SPONSORSchimminger
 
COSPNSRMorelle, Lupardo
 
MLTSPNSRColton, Magnarelli
 
Add §52, UDC Act; rpld §3102-c, Pub Auth L
 
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.
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A04408 Actions:

BILL NOA04408A
 
01/30/2015referred to small business
06/02/2015reported referred to ways and means
01/06/2016referred to small business
02/01/2016amend and recommit to small business
02/01/2016print number 4408a
05/04/2016reported referred to ways and means
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A04408 Committee Votes:

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A04408 Floor Votes:

There are no votes for this bill in this legislative session.
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A04408 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4408--A
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 30, 2015
                                       ___________
 
        Introduced  by M. of A. SCHIMMINGER, MORELLE, LUPARDO -- Multi-Sponsored
          by -- M. of A.  COLTON, MAGNARELLI -- read once and  referred  to  the
          Committee  on  Small Business -- recommitted to the Committee on Small
          Business in accordance with Assembly  Rule  3,  sec.  2  --  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:
 
     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 52 to read as follows:
     4    §  52.  Small business innovation research program. 1. As used in this
     5  section, the following terms have the following meanings:
     6    (a) "Small business innovation research program" or "SBIR" means  that
     7  program,  enacted  pursuant to the small business innovation development
     8  act of 1982 (P.L. 97-219), which provides funds to small  businesses  to
     9  conduct innovative research having commercial application.
    10    (b) "Small business" means a corporation, partnership, limited liabil-
    11  ity  company,  sole  proprietorship, or individual, operating a business
    12  for profit, with two hundred fifty employees or fewer, including employ-
    13  ees employed in any subsidiary or affiliated corporation or other  enti-
    14  ty, which otherwise meets the requirements of the federal small business
    15  innovation research program.
    16    2.  (a)  Within  thirty  days  of the public announcement of the small
    17  business innovation research program Phase I award winners by the appro-
    18  priate federal agency, the corporation shall contact all Phase  I  award
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00667-04-6

        A. 4408--A                          2
 
     1  recipients  whose  principal place of business is located in this state,
     2  provide them with information concerning the program authorized pursuant
     3  to this section, and advise them of the requirements  relating  thereto.
     4  Any  such recipient, at least thirty days prior to the completion of its
     5  SBIR Phase I grant period, may, at its discretion, submit to the  corpo-
     6  ration a notice of its desire to secure research funding pursuant to the
     7  provisions  of  this  section, along with a copy of its original federal
     8  SBIR proposal and such additional information  as  the  corporation  may
     9  require  to  assist  it in determining the eligibility of such recipient
    10  for this program.
    11    (b) In addition to receipt of an SBIR award, any small business  shall
    12  meet the following criteria:
    13    i.  Such small business's principal place of business shall be located
    14  in this state;
    15    ii. Such  small  business  shall  certify  that  the  research  to  be
    16  conducted will be performed solely in this state;
    17    iii. No moneys shall be expended for travel, equipment, or facilities;
    18  and
    19    iv.  Not  more  than  one-third of any moneys awarded to a firm by the
    20  foundation may be  used  to  contract  for  research  or  other  related
    21  services.
    22    (c) Upon a finding by the corporation that: (i) a Phase I award recip-
    23  ient whose principal place of business is in New York has satisfactorily
    24  met all the requirements of this section and any additional requirements
    25  the  corporation  may  deem  necessary; provided, however, that any such
    26  additional requirements shall not arbitrarily exclude a particular group
    27  or groups of technologies or companies; and (ii) the research  conducted
    28  may result in the development of innovative technology having the poten-
    29  tial  to lead to commercialization or fabrication within New York of new
    30  or improved products, processes,  or  services,  the  corporation  shall
    31  notify  such  small  business  that  it  will  award the firm a research
    32  contract. Such contract shall be compatible with and a  continuation  of
    33  the  research  to  be  performed  under the SBIR contract awarded by the
    34  federal agency involved and shall be  calculated  as  follows:  (i)  the
    35  amount of each contract shall equal the amount of the federal SBIR award
    36  or  fifty  thousand  dollars, whichever is less; provided, however, that
    37  the total amount of all such  contracts  shall  not  exceed  the  amount
    38  appropriated  for  this  purpose,  or  (ii) in the event that the total,
    39  possible, maximum amount of all contracts, such total, possible, maximum
    40  amount calculated on the basis of matching each federal SBIR award in an
    41  amount equal to the amount of such award,  or  fifty  thousand  dollars,
    42  whichever  is  less,  exceeds  the  total  amount  appropriated for this
    43  purpose, the amount of each contract shall be reduced by a  ratio  equal
    44  to the amount appropriated for this purpose divided by the total, possi-
    45  ble, maximum amount of all contracts to be awarded.
    46    (d)  The  corporation  shall  establish  rules and regulations for the
    47  small business innovation research program,  including  award  selection
    48  criteria,  which  shall  serve as the basis for awards funded under this
    49  program.
    50    3. The corporation shall not disburse any moneys to a  small  business
    51  until:
    52    (a) such small business has completed its SBIR Phase I research;
    53    (b) its final Phase I report with respect thereto has been accepted by
    54  the federal agency involved;
    55    (c)  its Phase II research proposal has been properly submitted to the
    56  federal agency involved; and

        A. 4408--A                          3
 
     1    (d) it has submitted copies of its final Phase I report and its  Phase
     2  II proposal to the corporation.
     3    4.  Consistent with federal SBIR procedures, the corporation shall not
     4  disclose proprietary information when requested not to do so by  partic-
     5  ipants in this program.
     6    5. The corporation shall annually submit a report to the governor, the
     7  temporary  president  of  the  senate,  and  the speaker of the assembly
     8  detailing the results of the program, including but not limited  to  the
     9  number of New York small businesses applying for SBIR awards, the number
    10  receiving  Phase  I  awards,  the  number receiving Phase II awards, any
    11  products or processes  developed  as  a  result  of  the  SBIR  research
    12  involved,  any patents applied for or licenses granted based on the SBIR
    13  research involved, an abstract of the SBIR Phase I and II work performed
    14  by New York firms, and any other information pertinent in evaluating the
    15  program.
    16    6. The corporation shall conduct a program to inform small  businesses
    17  of  the federal SBIR program and this New York state program in order to
    18  ensure that all firms have  the  opportunity  to  participate  in  these
    19  programs.
    20    7.  The  corporation shall facilitate and promote the establishment of
    21  joint small business-university technology councils at the  centers  for
    22  advanced  technology  and  other  universities  within the state whereby
    23  small firms and university experts can facilitate the transfer of  tech-
    24  nology  and  work  together  on  research  projects  related to the SBIR
    25  program or other research projects of mutual interest.
    26    8. The provisions of this section shall be effective if, and  as  long
    27  as,  federal  financial  participation is available therefor pursuant to
    28  the small business innovation development act of 1982.
    29    § 2. Section 3102-c of the public authorities law is REPEALED.
    30    § 3. This act shall take effect immediately.
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