STATE OF NEW YORK ________________________________________________________________________ 4942 2023-2024 Regular Sessions IN SENATE 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: 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. 15 § 2. Section 1 of chapter 174 of the laws of 1968, constituting the 16 New York state urban development corporation act, is amended by adding a 17 new section 16-bb to read as follows: 18 § 16-bb. New York state innovative energy and environmental technology 19 program. 1. Definitions. As used in this section, the following words 20 and terms shall have the following meanings: 21 (a) "Innovative energy technologies" shall mean all methods used to 22 produce, distribute, conserve and store energy by methods which have 23 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 1 energy sources including, but not limited to, solar, wind, fuel cells, 2 advanced hydroelectric, and biomass power conversion technologies. 3 (b) "Innovative environmental technologies" shall mean technologies 4 that advance sustainable development by reducing risk, enhancing cost- 5 effectiveness, improving process efficiency, and creating products and 6 processes that are environmentally beneficial or benign and which have 7 significant potential for commercialization. Emerging environmental 8 technologies include, but are not limited to: air, water, and soil 9 pollution control; solid and toxic waste management; site remediation; 10 and environmental monitoring and recycling. 11 (c) "Small businesses" shall mean an independently owned and operated 12 business that meets all of the following conditions: (i) headquartered 13 in the state, and principal business operations located in the state; 14 (ii) employs one hundred or less persons, eighty percent of whom are 15 employed within the state on a full-time basis; and (iii) involved in 16 developing innovative energy and environmental technologies. 17 (d) "Eligible costs" shall mean costs associated with working capital 18 needs, the acquisition or upgrading of equipment, or leasehold improve- 19 ments necessary for commercialization of the product, device, technique, 20 system or process; provided that no other source of funds is available 21 under terms, interest rates, or other conditions that would allow the 22 project to proceed successfully. Eligible costs shall exclude any costs 23 incurred prior to the effective date of this section. 24 2. The corporation is authorized, within available appropriations in 25 the empire state economic development fund established pursuant to 26 section 16-m of this act or from any other funds appropriated for the 27 purpose set out in this section, to award capital grants of up to one 28 hundred thousand dollars to small businesses, for the purpose of encour- 29 aging and supporting innovative energy and environmental technology 30 development and commercialization across the state. Such grants shall be 31 awarded on a competitive basis to small business applicants responding 32 to requests for proposals issued by the corporation. 33 3. Grants and contracts made by the corporation pursuant to this 34 section shall be subject to the following: 35 (a) grants shall not exceed one hundred fifty thousand dollars per 36 year; 37 (b) the corporation may not enter into more than one grant per year to 38 a small business; and 39 (c) grants provided by the corporation may only be used for eligible 40 costs. 41 4. Applications for grants authorized under this section shall 42 describe the product, device, technique, system or process which is to 43 be developed, including: 44 (a) a market assessment; 45 (b) an explanation of its technical value; 46 (c) measurable outcomes resulting from its manufacture and sale, 47 including the estimated number of jobs to be created and retained and 48 the salary levels of such jobs; 49 (d) an estimated timeline for bringing it to market, with proposed 50 starting and completion dates and benchmarks; and 51 (e) a budget for its development and marketing that describes how the 52 grant will be used, why the grant from the corporation is essential and 53 cannot be obtained from other sources, and sources and amounts of other 54 funds to be used in its development, marketing and distribution. 55 5. The corporation shall, in consultation with the New York state 56 energy research and development authority and the department of environ-
S. 4942 3 1 mental conservation, develop criteria to be used in evaluating grant 2 applications. Such criteria shall include, but not be limited to: 3 (a) economic impact as measured by such variables as potential reven- 4 ue, job creation, effect on the local economy, global competitiveness, 5 and, purchases from in-state suppliers; 6 (b) ability of the applicant to leverage other funds; 7 (c) financial commitment of the applicant; 8 (d) technical feasibility; 9 (e) likelihood that the economic benefits will be manifest within a 10 six- to twelve-month period, but at most within three years; and 11 (f) likelihood of the product, device, technique, system or process to 12 result in improvements to public health, quality of life, the environ- 13 ment, human or business performance or economic productivity. 14 6. The corporation shall, on or before September first, two thousand 15 twenty-four and annually thereafter, submit a report to the governor, 16 the temporary president of the senate and the senate minority leader, 17 the speaker of the assembly, and the minority leader of the assembly, 18 the chairpersons of the senate finance committee and the assembly ways 19 and means committee, and to any other member of the legislature request- 20 ing such reports on the effectiveness and accomplishments of the New 21 York state innovative energy and environmental technology grants 22 program. Such report shall include for each grant awarded, the name and 23 location of the recipient, a description of the product, device, tech- 24 nique, system or process being commercialized, the amount and use of the 25 grant, the total project cost, the impact of the project on the recipi- 26 ent's business, the number of jobs created or retained, and such other 27 information as the corporation shall deem appropriate. 28 7. Nothing in this section shall require the corporation to disclose 29 any matters involving confidential intellectual property or work prod- 30 uct, whether patentable or not, including any formula, plan, pattern, 31 process, tool, mechanism, compound, procedure, production data or compi- 32 lation of information, which is not patented, but which is known only to 33 certain individuals who are using it to fabricate, produce or compound 34 an article of trade or service having commercial value and which gives 35 its user an opportunity to obtain a business advantage over competitors 36 who do not know it or use it. 37 § 3. This act shall take effect immediately.