S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4942
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 17, 2023
                                ___________
 
 Introduced  by Sens. PARKER, ORTT -- read twice and ordered printed, and
   when printed to be committed to the Committee on Corporations, Author-
   ities and Commissions
 
 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 sectors of New
 York's economy.
   § 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-bb to read as follows:
   § 16-BB. NEW YORK STATE INNOVATIVE ENERGY AND ENVIRONMENTAL TECHNOLOGY
 PROGRAM.  1.  DEFINITIONS.  AS USED IN THIS SECTION, THE FOLLOWING WORDS
 AND TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06481-01-3
              

 S. 4942                             2
 
 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 16-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 ENCOUR-
 AGING AND SUPPORTING  INNOVATIVE  ENERGY  AND  ENVIRONMENTAL  TECHNOLOGY
 DEVELOPMENT AND COMMERCIALIZATION ACROSS THE STATE. SUCH GRANTS SHALL BE
 AWARDED  ON  A COMPETITIVE BASIS TO SMALL BUSINESS APPLICANTS RESPONDING
 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 FIFTY 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.
   5.  THE  CORPORATION  SHALL,  IN  CONSULTATION WITH THE NEW YORK STATE
 ENERGY RESEARCH AND DEVELOPMENT AUTHORITY AND THE DEPARTMENT OF ENVIRON-
 S. 4942                             3
 
 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
 TWENTY-FOUR 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 REQUEST-
 ING 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, TECH-
 NIQUE, SYSTEM OR PROCESS BEING COMMERCIALIZED, THE AMOUNT AND USE OF THE
 GRANT, THE TOTAL PROJECT COST, THE IMPACT OF THE PROJECT ON THE  RECIPI-
 ENT'S  BUSINESS,  THE NUMBER OF JOBS CREATED OR RETAINED, AND SUCH OTHER
 INFORMATION 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.
   § 3. This act shall take effect immediately.