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HB 315: "An Act relating to the financing of technological developments by public corporations of the state; and relating to the financing of the Kodiak launch complex, the Fairbanks satellite ground station space park, and a low-rank coal water fuel technology project."

00HOUSE BILL NO. 315 01 "An Act relating to the financing of technological developments by public 02 corporations of the state; and relating to the financing of the Kodiak launch 03 complex, the Fairbanks satellite ground station space park, and a low-rank coal 04 water fuel technology project." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 37.17.010(b) is amended to read: 07  (b) The purposes of the foundation are to 08  (1) promote and enhance, through basic and applied research and the 09 development and commercialization of technology, [:] 10  (A) economic development and technological innovation in 11 Alaska; 12  (B) public health; 13  (C) telecommunications; and 14  (D) sustained growth and development of Alaskan scientific and

01 engineering capabilities; 02  (2) implement the BIDCO assistance program under AS 37.17.200 - 03 37.17.390. 04 * Sec. 2. AS 37.17.090(a) is amended to read: 05  (a) The board of directors shall provide adequate and appropriate notice of all 06 solicitations for grant proposals at least once a year. Except for projects listed in (k) 07 of this section, the [THE] board shall give preference, consistent with the purposes 08 of as 37.17.010 - 37.17.110, to soliciting proposals for research projects that are 09 reasonably expected to use or enhance research capabilities for basic and applied 10 research in the state. The board may actively solicit persons, organizations, or 11 institutions to apply for general or specific grants. 12 * Sec. 3. AS 37.17.090(d) is amended to read: 13  (d) Except for grants awarded under (k) of this section, not [NOT] less 14 than 50 percent of the endowment income that is distributed to grantees [AS 15 GRANTS] by the foundation in a fiscal year must be for grant payments in that 16 fiscal year [GRANTS] of $100,000 or less, exclusive of other funding. 17 * Sec. 4. AS 37.17.090(f) is amended to read: 18  (f) The board shall require from each grant recipient periodic reports and a 19 final report. The board shall disseminate to the scientific community and to the public, 20 on a regular basis, the results of research sponsored by the foundation. The board 21 may adopt regulations to protect trade secrets and other proprietary information 22 submitted to the foundation from disclosure under AS 09.25.110 - 09.25.120. 23 Upon written request under regulations adopted by the board to protect the 24 interests of the state and the grantee, the board may allow information developed 25 or to be developed under a [PROPRIETARY REPORTS AND OTHER 26 INFORMATION VOLUNTARILY FILED WITH THE BOARD OR CRITICAL TO 27 PATENT APPLICATIONS MAY BE KEPT CONFIDENTIAL IF THE PERSON 28 PROVIDING THE INFORMATION SO REQUESTS AND THE BOARD FINDS 29 THAT IT IS IN THE BEST INTEREST OF THE STATE. INFORMATION 30 DEVELOPED UNDER A GRANT AWARDED BY THE BOARD IS PUBLIC 31 INFORMATION UNLESS THE APPLICANT REQUESTS AND THE BOARD

01 GRANTS CONFIDENTIALITY PRIOR TO THE AWARD OF THE] grant to be 02 treated confidentially under AS 09.25.110 - 09.25.120. Dissemination of sponsored 03 research must be in a form of greatest utility to the scientific community and the 04 general public and may include technological transfer or applications information for 05 promising results. 06 * Sec. 5. AS 37.17.090(g) is amended to read: 07  (g) As a condition of all grants awarded under AS 37.17.010 - 37.17.110, the 08 board of directors shall require that a fair and reasonable return to the foundation, 09 as determined by the board, from the revenue, economic value, or profits derived 10 by the grantee from the grant project [PERCENTAGE OF ALL INCOME, IF ANY, 11 FROM ROYALTIES, LICENSES, AND PATENTS PRODUCED AS A RESULT OF 12 THE GRANT] be paid into the principal of the endowment, subject to AS 37.07. To 13 secure payment of sums owed to the foundation under a grant agreement, the 14 foundation may take a security interest in and own patents, copyrights, and other 15 intellectual property. 16 * Sec. 6. AS 37.17.090 is amended by adding a new subsection to read: 17  (k) Subject to appropriation, the board may award the following grants: 18  (1) up to $5,000,000 to the Alaska Industrial Development and Export 19 Authority or the Alaska Aerospace Development Corporation for the development of 20 the Kodiak launch complex and Fairbanks satellite ground station space park; 21  (2) up to $4,000,000 to the Alaska Industrial Development and Export 22 Authority or to another entity satisfying criteria established by the board for research, 23 development, and commercialization of low-rank coal water fuel technology. 24 * Sec. 7. PROJECT FINANCING; BOND AUTHORIZATION. The Alaska Industrial 25 Development and Export Authority (AIDEA) may issue bonds to finance the acquisition, 26 design, and construction of the Kodiak rocket launch complex and tracking station, and the 27 Fairbanks satellite ground station space park, or may finance these projects by other means 28 available to AIDEA. The aggregate principal amount of the bonds for these projects may not 29 exceed $20,000,000. Until the board of directors of AIDEA and of the Alaska Aerospace 30 Development Corporation have each made a finding for each project that there is sufficient 31 commercial interest and financial viability to support the debt service and operating costs of

01 that facility, no money for any phase of construction may be expended under this section for 02 that project. This section grants the legislative approval required by AS 44.88.095(g).