S7093-2011 Actions

• Apr 27, 2012: REFERRED TO HIGHER EDUCATION

S7093-2011 Memo

BILL NUMBER:S7093

TITLE OF BILL:
An act to amend the education law, in relation to the innovation and
commercialization functions of the state university

PURPOSE:
To codify state university facilities use policy for the purposes of
encouraging commercialization activity on campuses.

SUMMARY OF PROVISIONS:
University facilities may be used by private firms for the purposes of
commercializing new technologies. The cost of the use of university
space may be met with user fees, other non-university resources or equi-
ty share in the applicant firm. The policy permits companies to retain
intellectual property rights under these circumstances. The effective-
ness of the policy will be evaluated annually.

Amends section 355 of the education law by adding a new subdivision 3-d.

JUSTIFICATION:
The state university system is one of the great sources for innovation
in the state. The majority of licensed SUNY technologies need continued
development in order to be made into a product or service for public
consumption. SUNY can ensure that those development dollars stay in New
York through programs that leverage use of its facilities and equipment
in consideration for equity in New York based startup companies that
license SUNY technology.

Companies often apply for access to university facilities to perform
development work, working side-by-side with SUNY researchers to solve
practical barriers to commercialization. However, SUNY must recover the
costs associated with the company's use of its facilities and research,
and development dollars are scarce. An equity-based facilities access
program will allow SUNY to open its doors and meet the research and
development needs of New York based startups, SUNY can accept an equity
position valued at the cash equivalent of its cost to provide access to
a given facility or equipment.

R&D assistance is a major incentive to entrepreneurs to create companies
around SUNY technology and locate in New York to gain access to SUNY's
state-of-the-art facilities and equipment. With this program, SUNY can
make New York an even more attractive entrepreneurial environment and
retain high growth companies.

LEGISLATIVE HISTORY:
New legislation.

FISCAL IMPLICATIONS:
None expected.

EFFECTIVE DATE:
Immediately.

S7093-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         7093
 I N  SENATE
 April 27, 2012
 
 Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
 printed to be committed to the Committee on Higher Education
 

AN ACT to amend the education law, in relation  to  the  innovation  and
 commercialization functions of the state university
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. The education law is amended by adding a new section  355-d
 to read as follows:

 

S 355-D. THE POWER AND DUTIES OF TRUSTEES - INNOVATION AND COMMERCIAL
 IZATION  FUNCTIONS.  1.  THE  TRUSTEES  ARE  AUTHORIZED TO ESTABLISH AND
 SUPPORT THE NECESSARY PROGRAMS FOR THE RESEARCH, DEVELOPMENT AND COMMER
 CIALIZATION OF NEW TECHNOLOGIES WITHIN THE STATE UNIVERSITY  TO  BENEFIT
 

THE PEOPLE OF THE STATE OF NEW YORK. SUCH PROGRAMS SHALL INCLUDE OPPOR
 TUNITIES FOR COLLABORATION AND COOPERATION WITH OTHER ACADEMIC  RESEARCH
 INSTITUTIONS WHENEVER PRACTICABLE.
 2. STATE UNIVERSITY TECHNOLOGY ACCELERATOR FUND. (A) THE STATE UNIVER
 SITY TECHNOLOGY ACCELERATOR FUND IS HEREBY CREATED TO SUPPORT EFFORTS BY
 INDIVIDUAL   RESEARCHERS  ON  STATE  UNIVERSITY  CAMPUSES  TO  TRANSFORM
 RESEARCH DISCOVERIES INTO MARKETABLE TECHNOLOGIES, PRODUCTS OR PROCESSES
 TO BE COMMERCIALIZED OR MANUFACTURED IN NEW YORK STATE.
 (B) THE TRUSTEES SHALL ESTABLISH A PEER-REVIEW PROCESS FOR THE PURPOSE
 OF REVIEWING APPLICATIONS FOR AWARDS. AWARDS MAY BE USED  TO  BUILD  AND
 TEST PROTOTYPES AND FOR OTHER COSTS AS DETERMINED BY THE STATE UNIVERSI
 TY ASSOCIATED WITH EARLY STAGES OF COMMERCIALIZATION.
 (C)  ANY  STATE FUNDS MADE AVAILABLE FOR THIS PROGRAM SHALL BE MATCHED
 ON A ONE TO ONE (1:1) BASIS WITH NON-STATE FUNDS.
 (D) GRANTS SHALL NOT EXCEED ONE HUNDRED THOUSAND DOLLARS FOR ANY INDI
 VIDUAL AWARD, AND SHALL BE AWARDED ON AN ANNUAL BASIS.
 3. THE STATE UNIVERSITY OF NEW YORK ENTREPRENEUR-IN-RESIDENCE PROGRAM.
 (A) THE STATE UNIVERSITY OF NEW YORK  ENTREPRENEUR-IN-RESIDENCE  PROGRAM
 IS HEREBY CREATED WITHIN THE STATE UNIVERSITY.
 (B) THE TRUSTEES MAY DESIGNATE ENTREPRENEURS-IN-RESIDENCE AT UNIVERSI
 TY  AND  COLLEGE  CAMPUSES,  HEREAFTER  REFERRED  TO  AS THE "EIR," UPON
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD14782-03-2
 
       S. 7093                             2
 CONSULTATION WITH THE TECHNOLOGY TRANSFER STAFF AT THE CAMPUSES, FOR THE
 PURPOSES OF IDENTIFYING AND EXTRACTING PROMISING TECHNOLOGIES.
 (C)  QUALIFICATIONS FOR THE POSITION OF EIR SHALL BE DETERMINED BY THE
 STATE UNIVERSITY UPON  RECOMMENDATION  BY  EACH  INSTITUTION  AND  SHALL
 INCLUDE  SIGNIFICANT, SUCCESSFUL PRIVATE SECTOR EXPERIENCE WITH BUSINESS
 START-UPS.
 (D) POSITIONS SHALL BE HELD FOR THREE-YEAR PERIODS AND MAY BE RENEWED.
 (E) THE EIR SHALL ASSIST THE  INSTITUTIONS  PERFORMING  THE  FOLLOWING
 COMMERCIALIZATION-RELATED TASKS:

 (I)  IDENTIFYING INDUSTRY-SPECIFIC MARKET/START-UP OPPORTUNITIES BASED
 ON UNIVERSITY TECHNOLOGIES;
 (II) DEVELOPING OPPORTUNITY ASSESSMENTS;
 (III) ORGANIZING PRE-SEED WORKSHOPS;
 (IV) CREATING BUSINESS PLANS;
 (V) DEVELOPING BUSINESS STRUCTURE PROPOSALS FOR START-UP ENTERPRISES;
 (VI) NEGOTIATING THE UNIVERSITY LICENSE.
 (F) EIRS SHALL SELECT PROJECTS THAT HAVE THE MOST PROMISE FOR  FUNDING
 BASED ON COMMERCIAL FEASIBILITY AND SHALL PROVIDE ASSISTANCE FOR FACULTY
 AND  STAFF  WITH  BUSINESS  PLANS  AND MANAGEMENT STRATEGIES OF SELECTED
 PROJECTS AS WELL AS DEVELOP A PROOF-OF-CONCEPT PROJECT PLAN AND  PREPARE
 A PROPOSAL FOR FUNDING.
 (G) EIRS SHALL PROVIDE ASSISTANCE TO ALL CAMPUSES THROUGHOUT THE STATE
 AS DIRECTED UNDER THE PROGRAM.
 (H)  ANY  FUNDS  MADE AVAILABLE FOR THIS PROGRAM SHALL BE MATCHED ON A
 ONE TO ONE (1:1) BASIS WITH CASH OR IN-KIND RESOURCES FROM  EACH  CAMPUS
 WHERE THE EIR IS LOCATED OR BY THE STATE UNIVERSITY.
 4.  THE  TRUSTEES SHALL PROMULGATE ANY RULES AND REGULATIONS NECESSARY
 TO CARRY OUT THIS SECTION AND ON AN  ANNUAL  BASIS  SHALL  EVALUATE  AND
 REPORT  ON  THE IMPACT OF THIS PROGRAM ON COMMERCIALIZATION ACTIVITY AND
 OUTCOMES IN NEW YORK STATE.
 

S 2. This act shall take effect immediately.

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