S5550A-2011 Actions

• May 14, 2012: REPORTED AND COMMITTED TO FINANCE
• Jan 10, 2012: PRINT NUMBER 5550A
• Jan 10, 2012: AMEND AND RECOMMIT TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
• Jan 4, 2012: REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
• Jun 1, 2011: REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS

S5550A-2011 Meetings

S5550A-2011 Votes

S5550A-2011 Memo

BILL NUMBER:S5550

TITLE OF BILL:
An act
to amend the New York state urban development corporation act, in
relation to creating the New York state innovative energy and
environmental technology program

PURPOSE OR GENERAL IDEA OF BILL:
This legislation would provide capital grants of up to one hundred
thousand dollars to small businesses to encourage and support
innovative energy and environmental technology development and
commercialization.

SUMMARY OF SPECIFIC PROVISIONS:
The New York state urban development corporation act is amended by
adding a new section 16-u create the NYS innovative energy and
environmental technology grants program. Through a competitive
process, qualified small businesses would be eligible for capital
grants for up to one hundred thousand dollars. Such grants would be
used by businesses to encourage and support innovative energy and
environmental technology development and commercialization in New
York State.

JUSTIFICATION:
The success of innovative energy and environmental technology-oriented
businesses with growth potential is essential to the continued
economic health and security of New York State. The development of
new products to assist mature industries that are undergoing dramatic
changes or facing increasing international competition with reducing
energy costs and complying with environmental regulations can serve
to retain, and even increase, employment. However, commercialization
of these products is constrained as numerous small businesses are
limited by lack of early stage financing. This legislation seeks to
provide early stage funding to stimulate the creation of a
substantial number of new businesses and jobs in the energy and
environmental sector.

PRIOR LEGISLATIVE HISTORY:
2009: S.1636  - Finance
2008: A.8437A - Passed Assembly
2007: A.8437A - Passed Assembly
2006: A.6758A - (Cohen A.) - Passed Assembly
2005: A.6758A - (Cohen A.) - Passed Assembly

FISCAL IMPLICATIONS:
All funds for this program are subject to available budget
appropriations. This legislation does not specifically fund the
program. Funds would be allocated pursuant to a budget appropriate to
the Urban Development Corporation for the Empire State Economic
Development Fund.

EFFECTIVE DATE:
This act shall take effect immediately.

S5550A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 5550--A
 2011-2012 Regular Sessions
 I N  SENATE
 June 1, 2011
 
 Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
 printed to be committed to the Committee on Corporations,  Authorities
 and  Commissions  --  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:

 

Section  1.  Legislative  intent.  The  legislature  hereby  finds and
 declares that the success of innovative energy and  environmental  tech
 nology-oriented  businesses  with  growth  potential is essential to the
 continued economic health and security of New York state. It is  further
 found  that  the development of new products to assist mature industries
 undergoing dramatic changes or facing increasing international  competi
 tion  with  reducing energy costs and complying with environmental regu
 lations, can serve to retain, and even increase, employment.    However,
 commercialization  of  these  products  is  restrained as numerous small
 businesses are limited by lack of early stage financing.
 Therefore, the legislature seeks to provide early stage funds,  via  a
 grants program, to stimulate the creation of a substantial number of new
 businesses and jobs in the energy and environmental sector.
 

S  2. 

Section  1 of chapter 174 of the laws of 1968, constituting the
 New York state urban development corporation act, is amended by adding a
 new section 16-v to read as follows:

 

S 16-V NEW YORK STATE INNOVATIVE ENERGY AND  ENVIRONMENTAL  TECHNOLOGY
 PROGRAM. 1. DEFINITIONS. AS USED IN THIS SUBSECTION, THE FOLLOWING WORDS
 AND TERMS SHALL HAVE THE FOLLOWING MEANINGS:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08398-02-2
 
       S. 5550--A                          2
 (A)  "INNOVATIVE  ENERGY  TECHNOLOGIES" SHALL MEAN ALL METHODS USED TO
 PRODUCE, DISTRIBUTE, CONSERVE AND STORE ENERGY  BY  METHODS  WHICH  HAVE
 SIGNIFICANT  POTENTIAL FOR COMMERCIALIZATION, WITH EMPHASIS ON RENEWABLE
 ENERGY SOURCES INCLUDING, BUT NOT LIMITED TO, SOLAR, WIND,  FUEL  CELLS,
 ADVANCED HYDROELECTRIC, AND BIOMASS POWER CONVERSION TECHNOLOGIES.
 (B)  "INNOVATIVE  ENVIRONMENTAL  TECHNOLOGIES" SHALL MEAN TECHNOLOGIES
 THAT  ADVANCE  SUSTAINABLE  DEVELOPMENT  BY  REDUCING  RISK,   ENHANCING
 COST-EFFECTIVENESS,  IMPROVING PROCESS EFFICIENCY, AND CREATING PRODUCTS
 AND PROCESSES THAT ARE ENVIRONMENTALLY BENEFICIAL OR  BENIGN  AND  WHICH
 HAVE SIGNIFICANT POTENTIAL FOR COMMERCIALIZATION. EMERGING ENVIRONMENTAL
 TECHNOLOGIES  INCLUDE,  BUT  ARE  NOT  LIMITED  TO: AIR, WATER, AND SOIL
 POLLUTION CONTROL; SOLID AND TOXIC WASTE MANAGEMENT;  SITE  REMEDIATION;
 AND ENVIRONMENTAL MONITORING AND RECYCLING.
 (C)  "SMALL BUSINESSES" SHALL MEAN AN INDEPENDENTLY OWNED AND OPERATED
 BUSINESS THAT MEETS ALL OF THE FOLLOWING CONDITIONS:  (I)  HEADQUARTERED
 IN  THE  STATE,  AND PRINCIPAL BUSINESS OPERATIONS LOCATED IN THE STATE;
 (II) EMPLOYS ONE HUNDRED OR LESS PERSONS, EIGHTY  PERCENT  OF  WHOM  ARE
 EMPLOYED  WITHIN  THE  STATE ON A FULL-TIME BASIS; AND (III) INVOLVED IN
 DEVELOPING INNOVATIVE ENERGY AND ENVIRONMENTAL TECHNOLOGIES.
 (D) "ELIGIBLE COSTS" SHALL MEAN COSTS ASSOCIATED WITH WORKING  CAPITAL
 NEEDS,  THE ACQUISITION OR UPGRADING OF EQUIPMENT, OR LEASEHOLD IMPROVE
 MENTS NECESSARY FOR COMMERCIALIZATION OF THE PRODUCT, DEVICE, TECHNIQUE,
 SYSTEM OR PROCESS; PROVIDED THAT NO OTHER SOURCE OF FUNDS  IS  AVAILABLE
 UNDER  TERMS,  INTEREST  RATES, OR OTHER CONDITIONS THAT WOULD ALLOW THE
 PROJECT TO PROCEED SUCCESSFULLY. ELIGIBLE COSTS SHALL EXCLUDE ANY  COSTS
 INCURRED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION.
 2.  THE  CORPORATION IS AUTHORIZED, WITHIN AVAILABLE APPROPRIATIONS IN
 THE EMPIRE STATE  ECONOMIC  DEVELOPMENT  FUND  ESTABLISHED  PURSUANT  TO
 SECTION  SIXTEEN-M  OF THIS ACT OR FROM ANY OTHER FUNDS APPROPRIATED FOR
 THE PURPOSE SET OUT IN THIS SECTION, TO AWARD CAPITAL GRANTS  OF  UP  TO
 ONE  HUNDRED  THOUSAND  DOLLARS  TO SMALL BUSINESSES, FOR THE PURPOSE OF
 ENCOURAGING AND SUPPORTING INNOVATIVE ENERGY AND ENVIRONMENTAL TECHNOLO
 GY DEVELOPMENT AND COMMERCIALIZATION ACROSS THE STATE. SUCH GRANTS SHALL
 BE AWARDED ON A COMPETITIVE BASIS TO SMALL BUSINESS APPLICANTS  RESPOND
 ING TO REQUESTS FOR PROPOSALS ISSUED BY THE CORPORATION.
 3.  GRANTS  AND  CONTRACTS  MADE  BY  THE CORPORATION PURSUANT TO THIS
 SECTION SHALL BE SUBJECT TO THE FOLLOWING:

 (A) GRANTS SHALL NOT EXCEED ONE HUNDRED THOUSAND DOLLARS PER YEAR;
 (B) THE CORPORATION MAY NOT ENTER INTO MORE THAN ONE GRANT PER YEAR TO
 A SMALL BUSINESS; AND
 (C) GRANTS PROVIDED BY THE CORPORATION MAY ONLY BE USED  FOR  ELIGIBLE
 COSTS.
 4.  APPLICATIONS  FOR  GRANTS  AUTHORIZED  UNDER  THIS  SECTION  SHALL
 DESCRIBE THE PRODUCT, DEVICE, TECHNIQUE, SYSTEM OR PROCESS WHICH  IS  TO
 BE DEVELOPED, INCLUDING:

 (A) A MARKET ASSESSMENT;
 (B) AN EXPLANATION OF ITS TECHNICAL VALUE;
 (C)  MEASURABLE  OUTCOMES  RESULTING  FROM  ITS  MANUFACTURE AND SALE,
 INCLUDING THE ESTIMATED NUMBER OF JOBS TO BE CREATED  AND  RETAINED  AND
 THE SALARY LEVELS OF SUCH JOBS;
 (D)  AN  ESTIMATED  TIMELINE  FOR BRINGING IT TO MARKET, WITH PROPOSED
 STARTING AND COMPLETION DATES AND BENCHMARKS; AND
 (E) A BUDGET FOR ITS DEVELOPMENT AND MARKETING THAT DESCRIBES HOW  THE
 GRANT  WILL BE USED, WHY THE GRANT FROM THE CORPORATION IS ESSENTIAL AND
 CANNOT BE OBTAINED FROM OTHER SOURCES, AND SOURCES AND AMOUNTS OF  OTHER
 FUNDS TO BE USED IN ITS DEVELOPMENT, MARKETING AND DISTRIBUTION.
 
       S. 5550--A                          3
 5.  THE  CORPORATION  SHALL,  IN  CONSULTATION WITH THE NEW YORK STATE
 ENERGY RESEARCH AND DEVELOPMENT AUTHORITY AND THE DEPARTMENT OF ENVIRON
 MENTAL CONSERVATION, DEVELOP CRITERIA TO BE  USED  IN  EVALUATING  GRANT
 APPLICATIONS. SUCH CRITERIA SHALL INCLUDE, BUT NOT BE LIMITED TO:

 (A)  ECONOMIC IMPACT AS MEASURED BY SUCH VARIABLES AS POTENTIAL REVEN
 UE, JOB CREATION, EFFECT ON THE LOCAL ECONOMY,  GLOBAL  COMPETITIVENESS,
 AND, PURCHASES FROM IN-STATE SUPPLIERS;
 (B) ABILITY OF THE APPLICANT TO LEVERAGE OTHER FUNDS;
 (C) FINANCIAL COMMITMENT OF THE APPLICANT;
 (D) TECHNICAL FEASIBILITY;
 (E)  LIKELIHOOD  THAT  THE ECONOMIC BENEFITS WILL BE MANIFEST WITHIN A
 SIX- TO TWELVE-MONTH PERIOD, BUT AT MOST WITHIN THREE YEARS; AND
 (F) LIKELIHOOD OF THE PRODUCT, DEVICE, TECHNIQUE, SYSTEM OR PROCESS TO
 RESULT IN IMPROVEMENTS TO PUBLIC HEALTH, QUALITY OF LIFE,  THE  ENVIRON
 MENT, HUMAN OR BUSINESS PERFORMANCE OR ECONOMIC PRODUCTIVITY.
 6.  THE  CORPORATION SHALL, ON OR BEFORE SEPTEMBER FIRST, TWO THOUSAND
 THIRTEEN AND ANNUALLY THEREAFTER, SUBMIT A REPORT TO THE  GOVERNOR,  THE
 TEMPORARY  PRESIDENT  OF  THE SENATE AND THE SENATE MINORITY LEADER, THE
 SPEAKER OF THE ASSEMBLY, AND THE MINORITY LEADER OF  THE  ASSEMBLY,  THE
 CHAIRPERSONS  OF  THE SENATE FINANCE COMMITTEE AND THE ASSEMBLY WAYS AND
 MEANS COMMITTEE, AND TO ANY OTHER MEMBER OF THE  LEGISLATURE  REQUESTING
 SUCH  REPORTS  ON  THE EFFECTIVENESS AND ACCOMPLISHMENTS OF THE NEW YORK
 STATE INNOVATIVE ENERGY AND  ENVIRONMENTAL  TECHNOLOGY  GRANTS  PROGRAM.
 SUCH  REPORT SHALL INCLUDE FOR EACH GRANT AWARDED, THE NAME AND LOCATION
 OF THE RECIPIENT, A  DESCRIPTION  OF  THE  PRODUCT,  DEVICE,  TECHNIQUE,
 SYSTEM OR PROCESS BEING COMMERCIALIZED, THE AMOUNT AND USE OF THE GRANT,
 THE  TOTAL  PROJECT  COST,  THE IMPACT OF THE PROJECT ON THE RECIPIENT'S
 BUSINESS, THE NUMBER OF JOBS CREATED OR RETAINED, AND SUCH OTHER  INFOR
 MATION AS THE CORPORATION SHALL DEEM APPROPRIATE.
 7.  NOTHING  IN THIS SECTION SHALL REQUIRE THE CORPORATION TO DISCLOSE
 ANY MATTERS INVOLVING CONFIDENTIAL INTELLECTUAL PROPERTY OR  WORK  PROD
 UCT,  WHETHER  PATENTABLE  OR NOT, INCLUDING ANY FORMULA, PLAN, PATTERN,
 PROCESS, TOOL, MECHANISM, COMPOUND, PROCEDURE, PRODUCTION DATA OR COMPI
 LATION OF INFORMATION, WHICH IS NOT PATENTED, BUT WHICH IS KNOWN ONLY TO
 CERTAIN INDIVIDUALS WHO ARE USING IT TO FABRICATE, PRODUCE  OR  COMPOUND
 AN  ARTICLE  OF TRADE OR SERVICE HAVING COMMERCIAL VALUE AND WHICH GIVES
 ITS USER AN OPPORTUNITY TO OBTAIN A BUSINESS ADVANTAGE OVER  COMPETITORS
 WHO DO NOT KNOW IT OR USE IT.
 

S 3. This act shall take effect immediately.

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