Bill Text: NY A09258 | 2021-2022 | General Assembly | Amended


Bill Title: Establishes a matching grant program for small businesses receiving phase one or phase two funding under the federal small business innovation research program or the small business technology transfer program to promote commercialization and cover certain expenses.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2022-02-11 - print number 9258a [A09258 Detail]

Download: New_York-2021-A09258-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         9258--A

                   IN ASSEMBLY

                                    February 9, 2022
                                       ___________

        Introduced by M. of A. KELLES -- read once and referred to the Committee
          on  Small  Business  --  committee  discharged,  bill amended, ordered
          reprinted as amended and recommitted to said committee

        AN ACT to amend the economic development law, in relation to  establish-
          ing  a  matching  grant program for certain small businesses receiving
          funding under the federal small business innovation  research  program
          or the small business technology transfer program

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The economic development law is amended  by  adding  a  new
     2  section 138-a to read as follows:
     3    §  138-a.  Small business innovation research and small business tech-
     4  nology transfer grant program. 1. The commissioner, in consultation with
     5  the division for small-business, shall  establish  a  grant  program  to
     6  provide  funds  to  small  businesses who have been awarded phase one or
     7  phase two grants under the federal small  business  innovation  research
     8  program  or  the small business technology transfer program. Such grants
     9  shall be awarded based on a company's  potential  for  commercialization
    10  and job growth.
    11    2.  The  grant  program  established pursuant to this section shall be
    12  staged over a period of three years. The funding amounts for such  grant
    13  program shall be as follows:
    14    (a)  For  small  businesses  that  have been awarded phase one funding
    15  under the federal small business  innovation  research  program  or  the
    16  small  business  technology  transfer  program,  the amount shall be one
    17  hundred thousand dollars in year one, two hundred  thousand  dollars  in
    18  year two, and five hundred thousand dollars in year three.
    19    (b)  For  small  businesses  that  have been awarded phase two funding
    20  under the federal small business  innovation  research  program  or  the
    21  small  business  technology  transfer  program,  the amount shall be one
    22  hundred thousand dollars in year one, two hundred  thousand  dollars  in
    23  year two, and five hundred thousand dollars in year three.
    24    3. (a) In the first year of the program, twenty small businesses shall
    25  be awarded grants of one hundred thousand dollars.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14539-04-2

        A. 9258--A                          2

     1    (b)  In  the second year of the program, ten small businesses shall be
     2  chosen from the companies that were awarded a grant in the  first  year,
     3  to receive grants in the amount of two hundred thousand dollars.
     4    (c)  In  the third year of the program, four small businesses shall be
     5  chosen from the companies that were awarded a grant in the second  year,
     6  to  receive  grants or equity, depending on the situation, in the amount
     7  of five hundred thousand dollars.
     8    4. Such funds awarded pursuant to this section shall be used to  expe-
     9  dite  commercialization and generally used to cover expenses not allowed
    10  under the federal small business  innovation  research  program  or  the
    11  small business technology transfer program, including but not limited to
    12  patents and marketing studies in sales efforts.
    13    5.  Such  funds  shall be awarded on condition that the small business
    14  recipient remains headquartered in the state  for  at  least  two  years
    15  following  the successful commercialization of the business's product or
    16  products. Any small  business  that  has  received  funding  under  this
    17  program  that  is  not headquartered in the state for at least two years
    18  following the successful commercialization of the business's product  or
    19  products  shall return all grant awards to the state. If the small busi-
    20  ness ceases operations before two years after the  commercialization  of
    21  its product or products, such business shall be eligible for a waiver of
    22  this clawback provision, as determined by the commissioner, in consulta-
    23  tion with the division of small business.
    24    6. The commissioner, in consultation with the division for small busi-
    25  ness,  shall  establish  the  form  and manner in which applications for
    26  grant awards shall be submitted and shall establish guidelines  for  the
    27  grant  program. The department shall review each application for compli-
    28  ance with the eligibility criteria and other requirements set  forth  in
    29  the  program  guidelines established by the commissioner. The department
    30  may approve or reject each application or may return an application  for
    31  modifications, if necessary.
    32    §  2. This act shall take effect one year after it shall have become a
    33  law. Effective immediately, the addition, amendment and/or repeal of any
    34  rule or regulation necessary for the implementation of this act  on  its
    35  effective date are authorized to be made and completed on or before such
    36  effective date.
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