Bill Text: NY S01120 | 2013-2014 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Provides small businesses with grants of up to $100,000 to commercialize energy and environmental technology innovations and ideas in-state to stimulate economic development.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2014-05-28 - REPORTED AND COMMITTED TO FINANCE [S01120 Detail]
Download: New_York-2013-S01120-Amended.html
Bill Title: Provides small businesses with grants of up to $100,000 to commercialize energy and environmental technology innovations and ideas in-state to stimulate economic development.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2014-05-28 - REPORTED AND COMMITTED TO FINANCE [S01120 Detail]
Download: New_York-2013-S01120-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 1120--B 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ Introduced by Sens. MAZIARZ, MONTGOMERY -- read twice and ordered print- ed, and when printed to be committed to the Committee on Corporations, Authorities and Commissions -- reported favorably from said committee and committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Corporations, Authorities and Commissions in accordance with Senate Rule 6, sec. 8 -- 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 New York state innovative energy and environ- mental technology program THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Legislative intent. The legislature hereby finds and 2 declares that the success of innovative energy and environmental tech- 3 nology-oriented businesses with growth potential is essential to the 4 continued economic health and security of New York state. It is further 5 found that the development of new products to assist mature industries 6 undergoing dramatic changes or facing increasing international competi- 7 tion with reducing energy costs and complying with environmental regu- 8 lations, can serve to retain, and even increase, employment. However, 9 commercialization of these products is restrained as numerous small 10 businesses are limited by lack of early stage financing. 11 Therefore, the legislature seeks to provide early stage funds, via a 12 grants program, to stimulate the creation of a substantial number of new 13 businesses and jobs in the energy and environmental sectors of New 14 York's economy. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02297-04-3 S. 1120--B 2 1 S 2. Section 1 of chapter 174 of the laws of 1968, constituting the 2 New York state urban development corporation act, is amended by adding a 3 new section 16-w to read as follows: 4 S 16-W. NEW YORK STATE INNOVATIVE ENERGY AND ENVIRONMENTAL TECHNOLOGY 5 PROGRAM. 1. DEFINITIONS. AS USED IN THIS SUBSECTION, THE FOLLOWING WORDS 6 AND TERMS SHALL HAVE THE FOLLOWING MEANINGS: 7 (A) "INNOVATIVE ENERGY TECHNOLOGIES" SHALL MEAN ALL METHODS USED TO 8 PRODUCE, DISTRIBUTE, CONSERVE AND STORE ENERGY BY METHODS WHICH HAVE 9 SIGNIFICANT POTENTIAL FOR COMMERCIALIZATION, WITH EMPHASIS ON RENEWABLE 10 ENERGY SOURCES INCLUDING, BUT NOT LIMITED TO, SOLAR, WIND, FUEL CELLS, 11 ADVANCED HYDROELECTRIC, AND BIOMASS POWER CONVERSION TECHNOLOGIES. 12 (B) "INNOVATIVE ENVIRONMENTAL TECHNOLOGIES" SHALL MEAN TECHNOLOGIES 13 THAT ADVANCE SUSTAINABLE DEVELOPMENT BY REDUCING RISK, ENHANCING 14 COST-EFFECTIVENESS, IMPROVING PROCESS EFFICIENCY, AND CREATING PRODUCTS 15 AND PROCESSES THAT ARE ENVIRONMENTALLY BENEFICIAL OR BENIGN AND WHICH 16 HAVE SIGNIFICANT POTENTIAL FOR COMMERCIALIZATION. EMERGING ENVIRONMENTAL 17 TECHNOLOGIES INCLUDE, BUT ARE NOT LIMITED TO: AIR, WATER, AND SOIL 18 POLLUTION CONTROL; SOLID AND TOXIC WASTE MANAGEMENT; SITE REMEDIATION; 19 AND ENVIRONMENTAL MONITORING AND RECYCLING. 20 (C) "SMALL BUSINESSES" SHALL MEAN AN INDEPENDENTLY OWNED AND OPERATED 21 BUSINESS THAT MEETS ALL OF THE FOLLOWING CONDITIONS: (I) HEADQUARTERED 22 IN THE STATE, AND PRINCIPAL BUSINESS OPERATIONS LOCATED IN THE STATE; 23 (II) EMPLOYS ONE HUNDRED OR LESS PERSONS, EIGHTY PERCENT OF WHOM ARE 24 EMPLOYED WITHIN THE STATE ON A FULL-TIME BASIS; AND (III) INVOLVED IN 25 DEVELOPING INNOVATIVE ENERGY AND ENVIRONMENTAL TECHNOLOGIES. 26 (D) "ELIGIBLE COSTS" SHALL MEAN COSTS ASSOCIATED WITH WORKING CAPITAL 27 NEEDS, THE ACQUISITION OR UPGRADING OF EQUIPMENT, OR LEASEHOLD IMPROVE- 28 MENTS NECESSARY FOR COMMERCIALIZATION OF THE PRODUCT, DEVICE, TECHNIQUE, 29 SYSTEM OR PROCESS; PROVIDED THAT NO OTHER SOURCE OF FUNDS IS AVAILABLE 30 UNDER TERMS, INTEREST RATES, OR OTHER CONDITIONS THAT WOULD ALLOW THE 31 PROJECT TO PROCEED SUCCESSFULLY. ELIGIBLE COSTS SHALL EXCLUDE ANY COSTS 32 INCURRED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION. 33 2. THE CORPORATION IS AUTHORIZED, WITHIN AVAILABLE APPROPRIATIONS IN 34 THE EMPIRE STATE ECONOMIC DEVELOPMENT FUND ESTABLISHED PURSUANT TO 35 SECTION SIXTEEN-M OF THIS ACT OR FROM ANY OTHER FUNDS APPROPRIATED FOR 36 THE PURPOSE SET OUT IN THIS SECTION, TO AWARD CAPITAL GRANTS OF UP TO 37 ONE HUNDRED THOUSAND DOLLARS TO SMALL BUSINESSES, FOR THE PURPOSE OF 38 ENCOURAGING AND SUPPORTING INNOVATIVE ENERGY AND ENVIRONMENTAL TECHNOLO- 39 GY DEVELOPMENT AND COMMERCIALIZATION ACROSS THE STATE. SUCH GRANTS SHALL 40 BE AWARDED ON A COMPETITIVE BASIS TO SMALL BUSINESS APPLICANTS RESPOND- 41 ING TO REQUESTS FOR PROPOSALS ISSUED BY THE CORPORATION. 42 3. GRANTS AND CONTRACTS MADE BY THE CORPORATION PURSUANT TO THIS 43 SECTION SHALL BE SUBJECT TO THE FOLLOWING: 44 (A) GRANTS SHALL NOT EXCEED ONE HUNDRED THOUSAND DOLLARS PER YEAR; 45 (B) THE CORPORATION MAY NOT ENTER INTO MORE THAN ONE GRANT PER YEAR TO 46 A SMALL BUSINESS; AND 47 (C) GRANTS PROVIDED BY THE CORPORATION MAY ONLY BE USED FOR ELIGIBLE 48 COSTS. 49 4. APPLICATIONS FOR GRANTS AUTHORIZED UNDER THIS SECTION SHALL 50 DESCRIBE THE PRODUCT, DEVICE, TECHNIQUE, SYSTEM OR PROCESS WHICH IS TO 51 BE DEVELOPED, INCLUDING: 52 (A) A MARKET ASSESSMENT; 53 (B) AN EXPLANATION OF ITS TECHNICAL VALUE; 54 (C) MEASURABLE OUTCOMES RESULTING FROM ITS MANUFACTURE AND SALE, 55 INCLUDING THE ESTIMATED NUMBER OF JOBS TO BE CREATED AND RETAINED AND 56 THE SALARY LEVELS OF SUCH JOBS; S. 1120--B 3 1 (D) AN ESTIMATED TIMELINE FOR BRINGING IT TO MARKET, WITH PROPOSED 2 STARTING AND COMPLETION DATES AND BENCHMARKS; AND 3 (E) A BUDGET FOR ITS DEVELOPMENT AND MARKETING THAT DESCRIBES HOW THE 4 GRANT WILL BE USED, WHY THE GRANT FROM THE CORPORATION IS ESSENTIAL AND 5 CANNOT BE OBTAINED FROM OTHER SOURCES, AND SOURCES AND AMOUNTS OF OTHER 6 FUNDS TO BE USED IN ITS DEVELOPMENT, MARKETING AND DISTRIBUTION. 7 5. THE CORPORATION SHALL, IN CONSULTATION WITH THE NEW YORK STATE 8 ENERGY RESEARCH AND DEVELOPMENT AUTHORITY AND THE DEPARTMENT OF ENVIRON- 9 MENTAL CONSERVATION, DEVELOP CRITERIA TO BE USED IN EVALUATING GRANT 10 APPLICATIONS. SUCH CRITERIA SHALL INCLUDE, BUT NOT BE LIMITED TO: 11 (A) ECONOMIC IMPACT AS MEASURED BY SUCH VARIABLES AS POTENTIAL REVEN- 12 UE, JOB CREATION, EFFECT ON THE LOCAL ECONOMY, GLOBAL COMPETITIVENESS, 13 AND, PURCHASES FROM IN-STATE SUPPLIERS; 14 (B) ABILITY OF THE APPLICANT TO LEVERAGE OTHER FUNDS; 15 (C) FINANCIAL COMMITMENT OF THE APPLICANT; 16 (D) TECHNICAL FEASIBILITY; 17 (E) LIKELIHOOD THAT THE ECONOMIC BENEFITS WILL BE MANIFEST WITHIN A 18 SIX- TO TWELVE-MONTH PERIOD, BUT AT MOST WITHIN THREE YEARS; AND 19 (F) LIKELIHOOD OF THE PRODUCT, DEVICE, TECHNIQUE, SYSTEM OR PROCESS TO 20 RESULT IN IMPROVEMENTS TO PUBLIC HEALTH, QUALITY OF LIFE, THE ENVIRON- 21 MENT, HUMAN OR BUSINESS PERFORMANCE OR ECONOMIC PRODUCTIVITY. 22 6. THE CORPORATION SHALL, ON OR BEFORE SEPTEMBER FIRST, TWO THOUSAND 23 FOURTEEN AND ANNUALLY THEREAFTER, SUBMIT A REPORT TO THE GOVERNOR, THE 24 TEMPORARY PRESIDENT OF THE SENATE AND THE SENATE MINORITY LEADER, THE 25 SPEAKER OF THE ASSEMBLY, AND THE MINORITY LEADER OF THE ASSEMBLY, THE 26 CHAIRPERSONS OF THE SENATE FINANCE COMMITTEE AND THE ASSEMBLY WAYS AND 27 MEANS COMMITTEE, AND TO ANY OTHER MEMBER OF THE LEGISLATURE REQUESTING 28 SUCH REPORTS ON THE EFFECTIVENESS AND ACCOMPLISHMENTS OF THE NEW YORK 29 STATE INNOVATIVE ENERGY AND ENVIRONMENTAL TECHNOLOGY GRANTS PROGRAM. 30 SUCH REPORT SHALL INCLUDE FOR EACH GRANT AWARDED, THE NAME AND LOCATION 31 OF THE RECIPIENT, A DESCRIPTION OF THE PRODUCT, DEVICE, TECHNIQUE, 32 SYSTEM OR PROCESS BEING COMMERCIALIZED, THE AMOUNT AND USE OF THE GRANT, 33 THE TOTAL PROJECT COST, THE IMPACT OF THE PROJECT ON THE RECIPIENT'S 34 BUSINESS, THE NUMBER OF JOBS CREATED OR RETAINED, AND SUCH OTHER INFOR- 35 MATION AS THE CORPORATION SHALL DEEM APPROPRIATE. 36 7. NOTHING IN THIS SECTION SHALL REQUIRE THE CORPORATION TO DISCLOSE 37 ANY MATTERS INVOLVING CONFIDENTIAL INTELLECTUAL PROPERTY OR WORK PROD- 38 UCT, WHETHER PATENTABLE OR NOT, INCLUDING ANY FORMULA, PLAN, PATTERN, 39 PROCESS, TOOL, MECHANISM, COMPOUND, PROCEDURE, PRODUCTION DATA OR COMPI- 40 LATION OF INFORMATION, WHICH IS NOT PATENTED, BUT WHICH IS KNOWN ONLY TO 41 CERTAIN INDIVIDUALS WHO ARE USING IT TO FABRICATE, PRODUCE OR COMPOUND 42 AN ARTICLE OF TRADE OR SERVICE HAVING COMMERCIAL VALUE AND WHICH GIVES 43 ITS USER AN OPPORTUNITY TO OBTAIN A BUSINESS ADVANTAGE OVER COMPETITORS 44 WHO DO NOT KNOW IT OR USE IT. 45 S 3. This act shall take effect immediately.