Nanotechnology Statutes

(updated December 2010)

Arkansas
Ark. Stat. § 14-144-204: A research park authority may engage in … development of products or services, including without limitation … Nanotechnology. 

California
Cal. Ed. Code § 88500: Mission of the economic and workforce development program.  Identifying nanotechnology as a strategic priority area that may be explored if additional funding becomes available. 

Colorado
Colo. Rev. Stat. §24-48.5-108: At least thirty percent of the moneys transferred to the bioscience discovery evaluation cash fund created in subsection (5) of this section shall be used to provide grants to offices of technology transfer for bioscience research projects that focus on life sciences, engineering, material sciences, computer sciences, photonics, or nanotechnology. 

Connecticut
Conn. Gen. Stat. §4-124hh  
(a) … Grants pursuant to this subsection shall be awarded to institutions of higher education and may be used to:
(5) Establish a nanotechnology post-secondary education program and clearinghouse for curriculum development, scholarships and student outreach.
(b) … Grants pursuant to this subsection shall be awarded to institutions of higher education and technology focused organizations and may be used to:
(4) Establish a Connecticut Nanotechnology Collaboration Initiative to foster industry-university relationships by providing:
(A) Discovery grants, … to support post-doctorate or graduate students working with industry on nanotechnology projects …
(C) Prototype grants, … to enable universities and companies to demonstrate whether a prototype is manufacturable and functional and the cost effectiveness of nanotechnology-related applications.
(c) … Grants pursuant to this subsection shall be awarded to institutions of higher education, technology-focused organizations and business entities may be used:
(3) To develop a Connecticut Center for Nanoscale Sciences and Development to provide a shared-use laboratory in one or more sites in the state to advance university research, industry application development and education involving the synthesis, characterization and fabrication of nanoscale materials, intermediates and devices and related program activities …
(d) … Grants pursuant to this subsection shall be awarded to institutions of higher education and business entities and may be used:
(3) Through the Connecticut Small Business Innovation Research Office, supported by the Office of Workforce Competitiveness, to provide specialized technical assistance to advance nanotechnology awards to Connecticut companies and the small business innovation research program, including nanotechnology-related workshops and seminars, grant preparation assistance, marketing assistance, services related to matching grants and other technical assistance to assist companies with nanotechnology-related applications for the small business innovation research program. 

Indiana
Technology Development Grant Fund (Ind. Code Ann. § 5-28-10)
Ind. Code § 5-28-10-4: "Targeted employment" means employment in any of the following business activities: … (E)  Nanotechnology  or molecular manufacturing. 

Kansas
Kan. Stat. § 12-1770a: Definitions as used in the Bioscience Development Act:
nn) "Biotechnology" means those fields focusing on technological developments in such area as … nanotechnology ...

Kan. Stat. § 74-99b03: Definitions as used in the Bioscience Authority Act:
h) "Biotechnology" means those fields focusing on technological developments in such area as … nanotechnology ...

Kan. Stat. § 74-99b33: Definitions as used in the Emerging Industry Investment Act:
h) "Biotechnology" means those fields focusing on technological developments in such area as … nanotechnology ...

Kan. Stat. § 74-99b63: Definitions as used in the Bioscience Research and Development Voucher Program Act:
e) "Biotechnology" means, without limitation, those fields focusing on technological developments in such areas as … nanotechnology…

Kan. Stat. § 74-99b83: Definitions as used in the Bioscience Research Matching Funds Act:
f) "Biotechnology" means, without limitation, those fields focusing on technological developments in such areas as… nanotechnology… 

Maryland
Md. Ann. Code Art. EC, § 10-445 - 10-451
Establishes a specified grant program to be administered by the Maryland Technology Development Corporation for specified nanobiotechnology research projects.  Establishes the purposes of the Program including the types of grants to be awarded under the Program.  
 Md. Econ. Dev. Code §10-449
(b) Types of operating grants available.- Within the CENTR Maryland Program, the Corporation may award operating grants from the Fund to institutions of higher education that shall include:

(3) prototype grants to enable institutions of higher education and private sector entities to engage in projects that: 
(i) demonstrate whether a prototype is functional and manufacturable; 
(ii) demonstrate the cost effectiveness of nanotechnology-related applications; and 
(iii) shall be matched with an industry grant in an amount of at least $2 for every $1 of the prototype grant. 

Massachusetts
2008 Chapter 130: Deals with the expansion of life sciences in the commonwealth.  Addresses the appropriation of funds.  States that no less than ten million shall be expended on a new nano and biomanufacturing facility at the University of Massachusetts at Lowell.

Mass. Gen. Laws ch. 23G, § 27 c) … defines "emerging technology industries'' to include industries employing new or state-of-the-art technology in … nanotechnology…  (Thus making nanotechnology eligible for the Emerging Technology Fund.

Mass. Gen. Laws ch. 23I, §1: The general court finds and declares that: … 7) it is imperative that for the purposes of the commonwealth's competitiveness to invest in life sciences research, biotechnology, nanotechnology, and bio-defense , to leverage revenues and to encourage cooperation and innovation among public and private institutions involved in life sciences research and related applications.

Mass. Gen. Laws ch. 23I, §2: Definitions
 "Life sciences", advanced and applied sciences, including but not limited to, stem cell research, regenerative medicine, biotechnology and nanotechnology.

Mass. Gen. Laws ch. 23I, §4: … to enter into contracts and agreements and execute all instruments necessary or convenient thereto for accomplishing the purposes of this chapter; such contracts and agreements may include, without limiting the foregoing, construction agreements, purchase or acquisition agreements, loan or lease agreements, partnership agreements including limited partnership agreements, joint ventures, participation agreements, service agreements with biotechnology entities, nanotechnology….

Mass. Gen. Laws ch. 40J, § 4F: Research Center Matching Fund
 Broadband Access Oversight Council.
(4) a creation of an advisory board that represents its targeted sector related stakeholders. In the first year, 3 such Centers shall target the research and development of . . . nanotechnology . . . . 

Mass. Gen. Laws ch. 62, §6: Income Tax Credits
 "Life sciences", advanced and applied sciences that expand the understanding of human physiology and have the potential to lead to medical advances or therapeutic applications including, but not limited to, agricultural biotechnology, biogenerics, bioinformatics, biomedical engineering, biopharmaceuticals, biotechnology, chemical synthesis, chemistry technology, diagnostics, genomics, image analysis, marine biology, marine technology, medical devices, nanotechnology….

Mass. Gen. Laws ch. 63, §38m: Credit against amount of excise due
 "Life sciences", advanced and applied sciences that expand the understanding of human physiology and have the potential to lead to medical advances or therapeutic applications including, but not limited to, agricultural biotechnology, biogenerics, bioinformatics, biomedical engineering, biopharmaceuticals, biotechnology, chemical synthesis, chemistry technology, diagnostics, genomics, image analysis, marine biology, marine technology, medical devices, nanotechnology….

Mass. Gen. Laws ch. 64h, §6: Sales tax exemptions
 "Life sciences", advanced and applied sciences that expand the understanding of human physiology and have the potential to lead to medical advances or therapeutic applications including, but not limited to, agricultural biotechnology, biogenerics, bioinformatics, biomedical engineering, biopharmaceuticals, biotechnology, chemical synthesis, chemistry technology, diagnostics, genomics, image analysis, marine biology, marine technology, medical devices, nanotechnology…. 

Michigan

Mich. Comp. Laws §125.2088a: Definitions
"Advanced automotive, manufacturing, and materials technology" means any technology that involves 1 or more of the following:…Nanotechnology, including materials, devices, or systems at the atomic, molecular, or macromolecular level, with a scale measured in nanometers.

Mich. Comp. Laws §206.30: Taxable Income
"Advanced automotive, manufacturing, and materials technology" means any technology that involves 1 or more of the following:…Nanotechnology, including materials, devices, or systems at the atomic, molecular, or macromolecular level, with a scale measured in nanometers. 

Minnesota
Minn. Stat. §116J.8737
Includes “nanotechnology” in the definition of “qualified high-technology field.” Allows Minnesota-based businesses researching or developing a proprietary product, process, or service in a qualified high-technology field to apply for a small-business tax credit.

New Jersey
N.J. Rev. Stat. §52:9X-12: Not including state representatives, the Board of Directors of the organization and technology working groups may represent and originate from the following technology classes: information technology, sensors, rotorcraft technology, manufacturing technology, fire and emergency medical services, financial technology, alternative fuels, nanotechnology….

N.J. Rev. Stat. §52:27C-97: Fifteen public members appointed by the Governor as follows: a representative of each of the following organizations: the New Jersey Technology Council, the Biotechnology Council of New Jersey, the Forum for Academicians, Scientists and Technologists of New Jersey, the Strengthening the Mid-Atlantic Region for Tomorrow States Organization, the New Jersey Business and Industry Association, the Commerce and Industry Association of New Jersey, the New Jersey State Chamber of Commerce, the New Jersey Tooling and Manufacturing Association, the Research and Development Council of New Jersey, the American Electronics Association--New Jersey/Pennsylvania Council, and a representative employed by a corporation from each of the following industry sectors: pharmaceuticals, financial services, advanced technology, information technology, and nanotechnology. 

New York
Article 10-B.  New York State Office Of Science, Technology And Academic Research
NY Cons. Laws Exec. § 209: Definitions
7.  “Enabling sciences” shall mean those science disciplines which may be directly applied to life science research, including but not limited to, engineering, material science, chemistry, computer science, electronics, physics, bioinfomatics,  nanotechnologies  and applications of microelectronics and micro-electromechanical devices.

NY Cons. Laws PBA. § 3154:
10. Foundation fund:
(i) providing financial assistance in the form of grants, loans, equity investments or a combination thereof to companies for purposes which may include, but not be limited to, commercialization of innovative products and processes for emerging technology sectors, including … nanotechnology…
(iii) providing grants to facilities that are equipped with high-technology resources appropriate to … nanotechnology… for lab-based commercialization enhancement and pre-venture product and business development and working capital support, such as to various sectors particularly those that partner with university based research institutions …

North Carolina
N.C. Gen. Stat. § 143B-437.44
The General Assembly finds that:
(4)     High-speed Internet access and the broadband applications it delivers are the necessary platforms that will support development of emerging technology-based sectors of great economic promise, for example … nanotechnology … 

Oklahoma
Okla. Stat. tit. 74, § 5060.1a
Relates to the Oklahoma Science and Technology Research and Development Board, which is responsible for the administration and governance of the Oklahoma Center for the Advancement of Science and Technology and the Oklahoma Institute of Technology.  One of their goals is to expand opportunities for the growth of nanotechnology.

Okla. Stat. tit. 74, §5060.4
12.  “Nanotechnology” means technology development at the molecular range (1nm to 100nm) to create and use structures, devices, and systems that have novel properties because of their small size;
16.  “ONAP”  means the Oklahoma Nanotechnology Applications Project;

Okla. Stat. tit. 74, §5060.43
A.  The Oklahoma Center for the Advancement of Science and Technology may develop and implement a nanotechnology pilot project to assist qualified Oklahoma companies in the process of applying nanotechnology through research, development, and manufacturing to improve current products or create new, cutting-edge products.  The project shall be known as the “Oklahoma Nanotechnology Applications Project” (ONAP).  The Oklahoma Center for the Advancement of Science and Technology may employ established program processes to award nanotechnology funds or may contract with other qualified entities to operate this pilot project.
B.  The Oklahoma Nanotechnology Applications Project is designed to provide Oklahoma with the ability to respond quickly to opportunities in the following technology focuses:
1.  Advanced materials/ nanotechnology;
C.  The Board shall award nanotechnology funding or professional service contracts only after finding that:
2.  The project leads to innovation, new knowledge, new devices, new products, or processes with preferences given to applications of nanotechnology leading to commercialization;
4.  The project will enhance services to Oklahoma manufacturers or Oklahoma companies that are in the process of applying nanotechnology.
D.  ONAP awards are designed to enable new and existing applications in nanotechnology and to encourage nanotechnology collaboration between industry, institutions of higher education, and nonprofit research institutions.

Oregon
Or. Rev. Stat. Ann. § 351.509
Portland State University Center for Nanoscience and Nanotechnology Account.
There is established in the General Fund an account to be known as the Portland State University Center for Nanoscience and Nanotechnology Account. Funds in the account shall be used for the expansion of microscopy and materials characterization facilities at Portland State University related to a signature research center. 

Or. Rev. Stat. Ann. § 284.740
(1) The Oregon Innovation Council shall establish a signature research center to maximize collaborative ventures among research institutions, the federal government and private industry that will capitalize on opportunities to obtain private and federal funding for the research and development of nanoscience and microscience products, technology and multiscale materials

Pennsylvania
24 P.S. § 6250.902: Innovative programs
Materials. ***
(c) BUSINESS INTERACTION.-- The programs under subsection (a)(1) must be developed and continue to operate with direct business interaction in the curriculum, the recruitment of students, internships and the placement of graduates. The application and use of nanotechnology shall be an integral part of postsecondary instruction with exposure to this technology for students at the secondary level.

South Carolina
S.C. Code § 2-75-90
Relates to meeting matching funds requirement with private or federal funds specifically provided to create endowed professorships in certain areas.  The matching funds may be used only in the areas of Engineering, Nanotechnology, Biomedical Sciences, Energy Sciences, Environmental Sciences, Information and Management Sciences, and for other sciences and research that create well-paying jobs and enhanced economic opportunities for the people of South Carolina.

Texas
Tex. Gov't Code § 481.0296: Advanced Technology Industries
(a) The [Texas Economic Development and Tourism] office shall coordinate state efforts to attract, develop, or retain technology industries in this state in certain sectors, including: ***
(5)  nanotechnology;

Tex. Gov't Code § 489.213: Eligible Products and Businesses; Financing
(a) Financing may be made under this subchapter only for a product or small business approved by the bank.
(b) In determining eligible products and businesses, the bank shall give special preference to products or businesses in the areas of . . . nanotechnology . . . that have the greatest likelihood of commercial success, job creation, and job retention in this state.
(e) The board may appoint an advisory committee of experts in the areas of . . . nanotechnology . . . to review projects and businesses seeking financing from the bank.
(h) Any business in this state is eligible for funding distributed through the small business incubator fund if it is determined that the business is substantially likely to develop and expand the opportunities for small businesses in the . . . nanotechnology . . . industry in this state. 

Tex. Gov't Code § 490.003:
EMERGING TECHNOLOGY INDUSTRIES. 
(a)  An emerging technology industry participant is eligible for funding under this chapter if the activity to be funded:
(1)  will result in the creation of high-quality new jobs in this state, immediately or over a longer period; or
(2)  has the potential to result in a medical or scientific breakthrough.
(b)  Emerging technology industries include industries related to:
(7)  nanotechnology;

Utah
Utah Code Ann. §63m-2-303:
Utah Science Technology and Research Governing Authority Advisory Council -- Chair -- Meetings.
(1) There is created the Utah Science Technology and Research Governing Authority Advisory Council consisting of 12 members appointed as follows:
(c) one member appointed by the Utah Nanotechnology Initiative;

Virginia
Va. Code Ann. § 2.2-225
Creates the position of Secretary of Technology.  The Secretary may, with regard to strategy development, planning and budgeting for technology programs in the Commonwealth ensure the Commonwealth remains competitive in cultivating and expanding growth industries, including nanotechnology. 

Va. Code Ann. § 58.1-339.4
Provides for a qualified equity and subordinated debt investments tax credit. "Qualified business" means a business which … is primarily engaged, or is primarily organized to engage, in the fields of advanced computing … nanotechnology.

West Virginia
W. Va. Code §18B-18A-1: Legislative Findings:
The Legislature further finds that a recent emphasis on the creation of innovative curricula and the receipt of significant private donations by Marshall University and West Virginia University has led to major expansions in certain areas of study, including energy, national security technology, environmental sciences, health and biomedical sciences, biometrics, biotechnology and nanotechnology. Despite these expansions, the additional investment of both private donations and state moneys is critical to recruiting world-class scientists, researchers, research staff, technicians and professional degree graduates, as well as providing funding for laboratories and scientific equipment.

W. Va. Code §18B-18A-6: Endowment proceeds may be expended by a participating institution or its affiliated research corporation for any of the following designated uses: To pay the base salaries of newly endowed department chairs, new professorship positions, new research scientists and new research staff positions, including, but not limited to, research technicians and support personnel, and to fund affiliated graduate or undergraduate student research fellowships.  All positions or fellowships shall be engaged primarily in one of the following areas of research … Nanotechnology and materials science.

Wisconsin
Wis. Stat. §13.48(25r): Wisconsin Institute for Discovery initiative.
There is created a program, to be known as the Wisconsin Institute for Discovery initiative, for the purpose of providing financial support to attract federal and private funds to construct facilities for biotechnology, nanotechnology, and information technology education and research activities at the University of Wisconsin. 
Wis. Stat. §560.205: Provides for an Angel Investment tax credit for qualifying businesses.  “Qualifying businesses” includes manufacturing, biotechnology, nanotechnology, communications, agriculture, or clean energy creation or storage technology, among others.

 

Contact Jonathan Griffin, NCSL, 7700 East First Place, Denver, Colorado 80230, 303-364-7700.