NY Pub Auth L § 3102-E (2021)
2021 New York Laws PBA - Public Authorities Article 10-A - New York State Science and Technology Title 1 - New York State Science and Technology Foundation 3102-E - Emerging Technology Industrial Classifications.

§   3102-e.   Emerging   technology   industrial  classifications.  1. Definitions. As used in this section:  (a) "Department" shall mean the New York state department of  taxation and finance.   * (b) "Emerging technologies" shall mean:  (1)  advanced  materials  and processing technologies that involve the development, modification, or improvement of one or  more  materials  or methods  to  produce  devices  and  structures with improved performance characteristics or special functional attributes, or to activate,  speed up, or otherwise alter chemical, biochemical, or medical processes. Such technologies  shall include, but not be limited to, the following: metal alloys, metal matrix and ceramic  composites,  advanced  polymers,  thin films,  membranes,  superconductors,  electronic and photonic materials, bioactive  materials,  bioprocessing,  genetic  engineering,  catalysts, waste emissions reduction and waste processing technologies;  (2)  engineering,  production,  and  defense technologies that involve knowledge-based control systems and architectures, advanced  fabrication and  design  processes, equipment, and tools, or propulsion, navigation, guidance, nautical, aeronautical and astronautical ground  and  airborne systems,  instruments,  and  equipment. Such technologies shall include, but  not  be  limited  to,  the  following:  computer-aided  design  and engineering,  computer-integrated  manufacturing, robotics and automated equipment, integrated circuit fabrication and test  equipment,  sensors, biosensors,   signal   and  image  processing,  medical  and  scientific instruments, precision machining and  forming,  biological  and  genetic research  equipment,  environmental  analysis, remediation, control, and prevention equipment, defense command and  control  equipment,  avionics and  controls,  guided  missile  and  space  vehicle  propulsion  units, military aircraft,  space  vehicles,  and  surveillance,  tracking,  and defense warning systems;  (3)  electronic  and  photonic  devices  and  components  for  use  in producing electronic, optoelectronic, mechanical equipment and  products of   electronic   distribution  with  interactive  media  content.  Such technologies shall include,  but  not  be  limited  to,  the  following: microprocessors,  logic  chips,  memory  chips,  lasers, printed circuit board technology, electroluminescent, liquid crystal, plasma, and vacuum fluorescent displays, optical fibers, magnetic and  optical  information storage,  optical  instruments,  lenses, and filters, simplex and duplex data bases, and solar cells;  (4) information and communication technologies, equipment and  systems that  involve  advanced  computer  software  and hardware, visualization technologies, and human interface technologies. Such technologies  shall include,   but   not   be  limited  to,  the  following:  operating  and applications software, artificial intelligence,  computer  modeling  and simulation,  high-level  software  languages, neural networks, processor architecture, animation and full-motion  video,  graphics  hardware  and software,   speech   and   optical  character  recognition,  high-volume information  storage  and   retrieval,   data   compression,   broadband switching,   multiplexing,   digital  signal  processing,  and  spectrum technologies; and  (5) biotechnologies, which shall be defined as technologies  involving the  scientific  manipulation  of  living  organisms,  especially at the molecular and/or the sub-molecular genetic level,  to  produce  products conducive  to  improving  the  lives  and health of plants, animals, and humans;  and  the  associated  scientific   research,   pharmacological, mechanical,  and  computational applications and services connected with these improvements.  Activities  included  with  such  applications  and services  shall  include,  but  not  be  limited  to,  alternative  mRNA  splicing,   DNA   sequence   amplification,    antigenetic    switching, bioaugmentation,   bioenrichment,  bioremediation,  chromosome  walking, cytogenetic engineering, DNA diagnosis, fingerprinting, and  sequencing, electroporation,  gene  translocation,  genetic  mapping,  site-directed mutagenesis,   bio-transduction,   bio-mechanical   and   bio-electrical engineering, and bio-informatics; and  (6)  remanufacturing technologies, which shall be defined as processes whereby eligible commodities are restored to their original  performance standards  and  are  thereby  diverted  from  the  solid  waste  stream, retaining the majority of components that have been through at least one life cycle and replacing consumable portions to enable such  commodities to  be  restored  to  their original functions. For the purposes of this subdivision, "eligible commodities" shall  mean  commodities  (excluding paper) used in conjunction with or as a part of equipment performing the functions  of  facsimile  machines,  photocopiers, printers, duplication equipment, or any combination thereof, including, but not limited to the following:  magnetic  ink  character   recognition   cartridges,   photo conductor   assemblies,   electrostatic   cartridges,   thermal  imaging cartridges,  toner  cartridges,  ink   jet   cartridges,   and   printer cartridges.  Provided  further,  that  "eligible commodities" shall also include equipment used to record single frame images on film, where such equipment and film are marketed and sold as a single integrated consumer product, and where such equipment and film may be submitted in whole  to a photograph processor for the purposes of processing.   * NB Applies to taxable years beginning on or after January 1, 2001  (c)  "Qualified  emerging  technology  company"  shall  mean a company located in New York state: (1) whose primary products  or  services  are classified as emerging technologies and whose total annual product sales are ten million dollars or less; or (2) a company which has research and development activities in New York state and whose ratio of research and development  funds  to net sales equals or exceeds the average ratio for all surveyed companies classified as determined by the National  Science Foundation  in  the  most  recent  published  results from its Survey of Industry Research and Development, or any comparable successor survey as determined by the department, and whose total annual product  sales  are ten million dollars or less.   The  definition  of "research and development funds" shall be the same as that used by the National Science Foundation  in  the  aforementioned survey.   2.  The New York state science and technology foundation shall prepare a report, no later than March thirty-first, two thousand four, analyzing the effectiveness of the tax credits created  by  subdivisions  twelve-E and  twelve-F  of  section  two  hundred ten of the tax law, in light of their influence on the  start-up,  growth,  and  retention  of  emerging technology  companies in the state, on job growth within high technology companies,  and  on  the  expansion  of   collaborative   research   and development  undertaken  by  industry and academia. The department shall annually provide the New York state science  and  technology  foundation with  aggregate  statistics, pursuant to existing legal requirements for confidentiality of taxpayer records, on the number of taxpayers applying for such  credits,  the  number  of  employees  employed  full  time  by qualified  emerging  technology  companies, and the total amount and the amount of incremental basic  research  payments,  made  to  a  qualified organization.  This  report  shall  be  delivered  to  the governor, the speaker of the assembly, the temporary president of the senate, and  the chairpersons  of  the  assembly  committee  on economic development, job creation, commerce and industry and the senate  committee  on  commerce, economic development and small business.