N.J. Stat. tit. 52, ch. 9X

N.J. Stat. tit. 52, ch. 9X
in effect

N.J. Stat. § 52:9X-1 Findings, declarations, determinations.

1. a. The Legislature finds and declares that: (1) during its existence, the New Jersey Commission on Science and Technology encouraged the development of scientific and technological programs, stimulated academic-industrial cooperation, and coordinated activities of technological centers and business facilities; (2) the primary mission of the commission was to accelerate economic development by applying science and technology applications to industry; (3) the principal goals of the commission were the creation of new jobs and the revitalization of industry by encouraging new enterprises, particularly those that are oriented towards the adoption of the most advanced scientific and technological techniques; and (4) due to the elimination of its funding in 2010, the commission became non-operational. b. The Legislature therefore determines that it is necessary and desirable to: (1) re-establish the commission as a qualified body to exercise oversight for the responsibility of implementing, evaluating, and formulating long-range plans and programs for science, innovation, and technology in New Jersey; and (2) rename the commission as the New Jersey Commission on Science, Innovation and Technology to recognize the role and the importance of innovation developed at the State's institutions of higher education and businesses to the economy of this State. L.1985, c.102, s.1; amended 2018, c.91, s.2.

N.J. Stat. § 52:9X-2 Definitions.

2. For purposes of P.L.1985, c.102 (C.52:9X-1 et seq.): "Advanced technology center" means outstanding programs or departments at New Jersey's public and private higher education institutions, which are provided substantial and concentrated financial support to promote their development into national-level bases for innovative technology research. "Business incubation facilities" means the provision of space and technical assistance to a targeted network of developmental facilities, consisting of low-cost space, for short-term occupancy, to new companies employing selected technologies congruent with the strengths of the State's public and private institutions of higher education. "Commission" means the New Jersey Commission on Science, Innovation and Technology established pursuant to section 3 of P.L.1985, c.102 (C.52:9X-3). "Innovation partnership grants" means matching grants to academic researchers performing applied research in emerging technologies at the State's public and private institutions of higher education, which are of strategic importance to the New Jersey economy, under regulations adopted by the commission pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). "Technology extension services" means programs to accelerate the application and transfer of technological innovation by the State's public and private institutions of higher education to existing industry, specifically to work with the State's businesses to adapt these innovations to the requirements of individual business operations. L.1985, c.102, s.2; amended 2018, c.91, s.3.

N.J. Stat. § 52:9X-3 Commission on Science, Innovation and Technology.

3. The New Jersey Commission on Science, Innovation and Technology is created and established in the Executive Branch of the State Government. For the purposes of complying with the provisions of Article V, Section IV, paragraph 1 of the New Jersey Constitution, the commission is allocated within the Department of the Treasury, but notwithstanding this allocation, the commission shall be independent of any supervision or control by the department or by any board or officer thereof. L.1985, c.102, s.3; amended 2018, c.91, s.4.

N.J. Stat. § 52:9X-4 Membership.

4. a. The commission shall consist of the following 17 members: (1) four public members to be appointed by the Governor, with each public member having a background in a field of science or technology or in a business related to science and technology; (2) two public members to be appointed by the Governor upon the recommendation of the President of the Senate and two public members to be appointed by the Governor upon the recommendation of the Speaker of the General Assembly, with each public member having a background in a field of science or technology, or in a business related to science and technology; (3) two members of the Senate, who shall not be of the same political party, to be appointed by the President of the Senate and who shall serve as ex officio, non-voting members, and two members of the General Assembly, who shall not be of the same political party, to be appointed by the Speaker of the General Assembly and who shall serve as ex officio, non-voting members; (4) the Secretary of Higher Education, ex officio, or the secretary's duly authorized representative; (5) the Commissioner of Education, ex officio, or the commissioner's duly authorized representative; (6) the Executive Director of the New Jersey Economic Development Authority, ex officio, or the executive director's duly authorized representative; and (7) two presidents from the State's public and private institutions of higher education, who shall be appointed annually by the Governor and who shall serve as ex officio, non-voting members. b. In the selection of public members, a strong effort shall be made to appoint women and minorities to the commission. The commission members who are not members of the Senate or the General Assembly and who are not presidents from the State's public and private institutions of higher education shall have a right to vote on the various matters considered by the commission. c. The terms of office of any member of the commission that served prior to the effective date of P.L.2018, c.91 shall expire on June 30, 2018. L.1985, c.102, s.4; amended 1986, c.49; 2018, c.91, s.5; 2023, c.204, s.1.

N.J. Stat. § 52:9X-5 Terms; removal, suspension.

5. a. The terms of the public members of the commission appointed by the Governor shall be for five years or until their successors are appointed, except that of the appointments first made to the commission under P.L.2018, c.91, two shall serve for three years or until their successors are appointed, three shall serve for four years or until their successors are appointed, and three shall serve for five years or until their successors are appointed. Any vacancy shall be filled in the same manner as the original appointment but only for the balance of the unexpired term. The commission members shall serve without compensation but shall be reimbursed for necessary expenses incurred in the performance of their duties, within the limits of funds appropriated or otherwise made available to the commission for its purposes. b. Each member appointed by the Governor may be removed from office by the Governor, for cause, after a public hearing, and may be suspended by the Governor pending the completion of the hearing. Each member, before entering upon the member's duties, shall take and subscribe an oath to perform the duties of the office faithfully, impartially, and justly to the best of the member's ability. A record of these oaths shall be filed in the office of the Secretary of State. L.1985, c.102, s.5; amended 2018, c.91, s.6.

N.J. Stat. § 52:9X-6 Chair.

6. The Governor shall designate the chair of the commission from among the public members appointed by the Governor. L.1985, c.102, s.7; amended 2018, c.91, s.7.

N.J. Stat. § 52:9X-7 Executive director.

7. The commission shall appoint an executive director, who shall serve at the pleasure of the commission and who shall receive compensation as provided by law. L.1985, c.102, s.7; amended 2018, c.91, s.8.

N.J. Stat. § 52:9X-8 Staff.

8. The executive director shall be responsible for the selection of properly qualified staff members of the commission. Staff members shall have strong backgrounds in science, innovation, and technology as well as in economic development. L.1985, c.102, s.8; amended 2018, c.91, s.9.

N.J. Stat. § 52:9X-9 Duties of commission.

9. The commission shall: a. Be responsible for the development and oversight of policies and programs in science, innovation, and technology for New Jersey; b. Ensure that the programs in science, innovation, and technology are adequately funded to achieve their stated goals; c. Stimulate academic-industrial collaboration through such mechanisms as advanced technology centers, innovation partnership grants, business incubation facilities, and technology extension services; d. Plan and assist in the establishment of new advanced technology centers, business incubation facilities, and technology extension services and adopt rules and regulations regarding the operation of these activities; e. Coordinate activities of the advanced technology centers, business incubation facilities, and technology extension services in conjunction with designated public and private institutions of higher education; f. Recommend funding levels, determine eligible fields, and supervise the process of making awards for innovation partnership grants; g. Continue to identify and to support research opportunities at New Jersey academic institutions and other institutions that can advance economic development and employment; h. Encourage and coordinate activities to help entrepreneurs and inventors; i. Appoint an Innovation Council from the membership of the commission, as the commission deems appropriate, which shall determine how to stimulate technology transfer between public and private institutions of higher education in this State and industry, including the transfer of information available from various federal agencies, and report, pursuant to subsection b. of section 10 of P.L.1985, c.102 (C.52:9X-10), on how this State can better achieve this effort; j. Appoint a peer review committee, where warranted, for each of the fields of technology, drawn from the academic, scientific, and industrial communities to review all situations involving either competitive applications for agency support or judgments on complex scientific, innovation, or technological matters with the stipulation that neither reviewers nor their affiliated institutions shall be eligible as applicants; k. Monitor changes in national and international economic conditions which might justify a recommendation of a reorientation of the State's science, innovation, and technology programs; l. Identify and support future fields of science, innovation, and technology in New Jersey that offer potential for application or commercialization, or both, in New Jersey and help to find funding sources; m. Adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to effectuate the provisions of P.L.1985, c.102 (C.52:9X-1 et seq.), consistent with the rules and regulations of the Secretary of Higher Education; n. Adopt, amend, and repeal bylaws for the regulation of its affairs and the conduct of its business; o. Adopt and have a seal and alter the same at its pleasure; p. Have the authority to sue and be sued; q. Have the authority to conduct meetings and public hearings in connection with the purposes of P.L.1985, c.102 (C.52:9X-1 et seq.); r. Have the authority to enter into contracts, public and private, with a person upon those terms and conditions as the commission determines to be reasonable and to effectuate the purposes of P.L.1985, c.102 (C.52:9X-1 et seq.); s. Employ consultants and specialists in science, innovation, and technology and any other employees as may be required in the judgment of the commission to effectuate the purposes of P.L.1985, c.102 (C.52:9X-1 et seq.), and to fix and pay their compensation from funds available therefor, all without regard to the provisions of Title 11A of the New Jersey Statutes; t. Receive and disburse funds from non-State sources including but not limited to federal funds; u. Have the authority to receive a percentage of royalty payments from any intangible property, as that term is defined in section 5 of P.L.2002, c.40 (C.54:10A-4.4), awarded to any science, innovation, and technology company that received assistance from the commission and which assistance led to the awarding of the intangible property, as appropriate, except that three-fourths of the amount of any royalty payments received by the commission shall be remitted to the State Treasurer for deposit in the General Fund pursuant to an agreement with the State Treasurer; v. Have the authority to do any and all things necessary or convenient to carry out its purposes and exercise the powers granted in P.L.1985, c.102 (C.52:9X-1 et seq.); and w. Collaborate with technology transfer professionals at public and private institutions of higher education to assist in transferring technology and research knowledge developed at public and private institutions of higher education to the private sector, with an emphasis on start-ups, for the purpose of further development and commercialization, which may include, but not be limited to, organizing events to showcase early-stage technologies and research. L.1985, c.102, s.9; amended 2005, c.272, s.1; 2018, c.91, s.10; 2023, c.204, s.2.

N.J. Stat. § 52:9X-9.1 Short title

1. This act shall be known and may be cited as the "New Jersey High Technology and Biotechnology Industry Promotion Act." L.1995,c.277,s.1.

N.J. Stat. § 52:9X-9.2 Findings, declarations relative to biotechnology, high technology industries

2. The Legislature finds and declares it to be the policy of this State that: a. The New Jersey, Philadelphia and New York region contains the second largest concentration of biotechnology companies in the country; and b. Nationwide, the biotechnology industry has grown from 100 companies in 1970 to over 1200 companies today, employing approximately 140,000 people across the country. Biotechnology industry sales are expected to reach $50 billion by the year 2000; and c. The continued growth of New Jersey's biotechnology and other high technology industries is integral to the creation of high-skill jobs and the growth of the State's economy in the 1990's and on into the 21st century; and d. The promotion of New Jersey's high technology industry, including its biotechnology industry, and the attraction to the State of biotechnology and other high technology companies is vital and necessary to the people of this State. Therefore, it is necessary and important to the economy of this State that a program be established to promote biotechnology and other high technology industries in New Jersey and to attract biotechnology and other high technology companies to the State. L.1995,c.277,s.2.

N.J. Stat. § 52:9X-9.3 Program to promote biotechnology and other industries, established.

3. The New Jersey Commission on Science and Technology, in consultation with the Department of Commerce and Economic Development, shall establish a program to promote biotechnology and other high technology industries in the State and to attract biotechnology and other high technology companies to the State. The program shall: include research and information on commercial opportunities in biotechnology and high technology; provide technical and financial assistance to biotechnology and high technology companies considering locating in New Jersey; regularly represent or assist in representing the interests of New Jersey based firms in the national and international markets for biotechnology and high technology through conferences and seminars; provide New Jersey based firms with customized technical, financial and other assistance; authorize receiving a percentage of royalty payments from any intangible property, as that term is defined in section 5 of P.L.2002, c.40 (C.54:10A-4.4), awarded to those biotechnology and high technology companies that received assistance from the commission and which assistance led to the awarding of the intangible property, as appropriate, except that three-fourths of the amount of any royalty payments received by the commission shall be remitted to the State Treasurer for deposit in the General Fund pursuant to an agreement with the State Treasurer; and recruit capital investment in New Jersey to be applied to the high technology and biotechnology industries. L.1995,c.277,s.3; amended 2005, c.272, s.2.

N.J. Stat. § 52:9X-9.4 Consultation for program establishment

4. In establishing the program required by this act, the New Jersey Commission on Science and Technology shall consult with the Biotechnology Council of New Jersey and other representatives of the biotechnology and high technology industries in this State. L.1995,c.277,s.4.

N.J. Stat. § 52:9X-9.5 Ongoing analysis

5. In order to effectuate the purposes of this act, the New Jersey Commission on Science and Technology shall analyze on an ongoing basis the state of the biotechnology and high technology sectors in New Jersey, including, but not limited to, their strengths and weaknesses, their opportunities and risks, their emerging products, processes, and market niches, the commercialization of their technologies, their capital availability, their education and training needs and their infrastructure development. L.1995,c.277,s.5.

N.J. Stat. § 52:9X-10 Annual reports, Innovation Council report.

10. a. The commission shall report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature on or before one year after the effective date of P.L.2018, c.91 and annually thereafter. Each report shall set forth a complete operating and financial statement covering the operations of the commission and all advanced technology centers within its jurisdiction. The financial records of the commission shall be audited annually by the State Auditor. b. Within one year of the enactment of P.L.2018, c.91, and every third year thereafter, the Innovation Council, appointed pursuant to subsection i. of section 9 of P.L.1985, c.102 (C.52:9X-9), shall report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature, on its recommendations on how this State can better achieve technology transfer efforts between public and private institutions of higher education and industry, including the transfer of information available from various federal agencies. L.1985, c.102, s.10; amended 2018, c.91, s.11; 2023, c.204, s.3.

N.J. Stat. § 52:9X-10.1 "Innovation District Designation Program."

1. a. The "Innovation District Designation Program" is established within the New Jersey Commission on Science, Innovation and Technology. The purpose of the program is to encourage the development of innovation districts within New Jersey. The purpose of an innovation district is to promote the development or redevelopment of an area in a manner that facilitates collaboration between government, higher education institutions, and private enterprise. b. The commission, in consultation with the Department of Labor and Workforce Development, the Department of Community Affairs, and the New Jersey Economic Development Authority, shall establish criteria for the designation of innovation districts. Criteria for innovation district designation shall include: (1) the presence of a higher education institution; (2) accessibility to mass transportation facilities and services; and (3) zoning or a redevelopment plan that permits mixed-use development. c. The commission shall establish an application form and procedure for municipalities to apply for designation of an area as an innovation district. An application shall: (1) identify the boundaries of the proposed innovation district; (2) identify one or more higher education institutions located, or committed to relocate, in whole or in part, within the proposed innovation district; (3) identify existing and proposed mass transportation facilities and services located within or nearby the proposed innovation district; (4) include an inventory of existing and proposed businesses, recreational facilities, public parks, and gathering spaces located within the proposed innovation district; (5) include information concerning the walkability of the proposed innovation district; (6) include a plan for the development or redevelopment of the proposed innovation district, which may include, but shall not be limited to, plans for: (a) attracting businesses to locate within the district; (b) the development of business incubation facilities or public meeting spaces; (c) programming, events, and community building; (d) marketing and outreach; (e) improvements to public spaces; (f) the development or redevelopment of housing; and (g) the improvement of technology infrastructure, including, but not limited to, broadband improvements; and (7) include any other information required by the commission. d. The commission and the Department of Community Affairs shall publicize the Innovation District Designation Program, and provide links to the application form and procedure, on the Internet websites of the commission and the department. e. A municipality may apply to the commission for designation of all or part of the municipality as an innovation district. Two or more municipalities may jointly apply for designation of an area as an innovation district. An application shall not be submitted unless authorized by adoption of a resolution of the governing body of the municipality, or, in the event of a joint application, the adoption of parallel resolutions by the governing bodies of the municipalities. f. Within 60 calendar days of its receipt of a complete application for designation of an area as an innovation district, the commission shall approve, conditionally approve, or deny the application. g. In consultation with the Department of Community Affairs and the New Jersey Economic Development Authority, the commission shall adopt guidance and standards for municipalities to promote innovation districts as places for businesses to locate. A municipality may advertise or otherwise use innovation district designation in accordance with the adopted guidance or standards. L.2019, c.214, s.1.

N.J. Stat. § 52:9X-11 Short title.

1. This act shall be known and may be cited as the "SMART Research and Development Compact Act." L.2005,c.377,s.1.

N.J. Stat. § 52:9X-12 SMART Research and Development Compact ratified.

2. The State of New Jersey hereby ratifies the SMART Research and Development Compact with any other state legally joining therein, which compact is substantially as follows: ARTICLE I a. The shared borders, similar economic, environmental, and socioeconomic traits as well as the common historical attributes between the residents of Delaware, Maryland, New Jersey, and Pennsylvania, bind the four states into a common Mid-Atlantic region. b. This region presents a rich framework of approximately 618 colleges and universities, including approximately 38 leading engineering colleges with a variety of technical expertise and ingenious research and development programs within every field of science and technology. c. This region contains a variety of federally owned and generated laboratories or organizations assigned with the task of performing needed research and development in most of our Nation's technical areas, highlighted by defense, transportation, health, energy, and communications. d. This region possesses a great wealth of private manufacturers, laboratories, and nonprofit organizations in each of the scientific and technological pursuits, such as homeland security, defense, aerospace, manufacturing, information systems, materials, chemicals, medical applications, and pharmaceuticals. e. Increased cooperation between the above-mentioned institutions and the four Mid-Atlantic State governments may effectively enhance the region's contribution to the United States in all fields of science and technology and promote academic, private and public research and development, technical enterprise, and intellectual vitality. f. A multi-state organization assigned with the task of linking various institutions across different jurisdictions and promoting working partnerships may further assist the United States by providing a model for the rest of the nation for the effective use of limited national, State, and local funding resources. ARTICLE II There is created the SMART (Strengthening the Mid-Atlantic Region for Tomorrow) Research and Development Compact (hereinafter referred to as "the compact"). The purpose of the compact is to promote the contribution of the Mid-Atlantic region to the nation's research and development in science and technology, and to create a multi-state organization, the purpose of which is to oversee and help facilitate the acquisition of research and development funding, and to enhance the cooperation, formation of partnerships, and sharing of information among businesses, academic institutions, federal and state governmental agencies, laboratories, federally owned and operated laboratories, and nonprofit entities, within the Mid-Atlantic region comprised of the states of Delaware, Maryland, New Jersey, and Pennsylvania. ARTICLE III a. The states eligible to become parties to the compact shall be the four states of Delaware, Maryland, New Jersey and Pennsylvania. b. Each state eligible to become a party state to the compact shall be declared a "party state" upon enactment of the compact into law by the state. ARTICLE IV a. The party states agree to establish a multi-state organization as a joint organization to be known as the SMART Organization (hereinafter referred to as "the organization"). b. The organization shall be headed by a Board of Directors that shall consist of a representative from each party state, appointed as provided by the law of that state, and representatives from the party states for each technology class described in ARTICLE V of the compact. The Board of Directors may also include representatives of any business, academic institution, nonprofit agency, federal or state governmental agency, laboratory, and federally owned and operated laboratory within the party states. c. The Board of Directors shall oversee and direct the projects, administration, and policies of the organization and may create and utilize the services of technology-designated working groups to identify goals and sources of funding, establish research and development projects, detect new technology advances for the Mid-Atlantic region to pursue, and facilitate cooperation among regional entities. The Board of Directors and working groups in the organization shall serve without compensation and shall hold regular quarterly meetings and such special meetings as their business may require. d. The organization shall adopt bylaws and any other such rules or procedures as may be needed. The organization may hold hearings and conduct studies and surveys to carry out its purpose. The organization may acquire by gift or otherwise and hold and dispose of such money and property as may be provided for the proper performance of its functions, may cooperate with other public or private groups, whether local, state, regional, or national, having an interest in economic or technology development, and may exercise such other powers as may be appropriate to accomplish its functions and duties in connection with the development of the organization and to carry out the purpose of the compact. ARTICLE V 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, electronics, environmental, telecommunications, chemical and biological, biomedical, opto-electric, materials and aerospace, and defense systems including directed energy, missile defense, future combat systems, and unmanned aerial vehicles. The organization may at any time, upon approval by the Board of Directors, designate and assign new technology classes and may at any time remove an existing technology class from this list and the organization's activities. ARTICLE VI The Board of Directors shall appoint a full-time paid executive director, who shall be a person familiar with the nature of the procedures and the significance of scientific funding, research and development, economic development, and the informational, educational, and publicity methods of stimulating general interest in such developments. The duties of the executive director are to carry out the goals and directives of the Board of Directors and administer the actions of each working group as chairman. The executive director may hire a staff and shall be the administrative head of the organization, whose term of office shall be at the pleasure of the Board of Directors. ARTICLE VII The State of New Jersey recognizes that the compact shall continue in force and remain binding upon each party state until such time as the party state takes action to withdraw therefrom. Such action shall not be effective until six months after notice thereof has been sent by a party state desiring to withdraw to all the other party states. ARTICLE VIII The State of New Jersey recognizes the express right of the Congress to alter, amend or repeal the federal act granting consent of the Congress to the SMART Research and Development Compact. ARTICLE IX The compact shall become operative in a party state upon enactment by that state. The compact shall become initially effective in the Mid-Atlantic region upon enactment of the compact into law by two or more party states and consent has been given to it by Congress. L.2005,c.377,s.2.

N.J. Stat. § 52:9X-13 Transmission of authenticated copies of act.

3. Duly authenticated copies of this act shall, upon its approval, be transmitted to the Governor of each of the states of Delaware, Maryland and Pennsylvania, to the President of the Senate of the United States, to the Speaker of the House of Representatives and to the Secretary of State of the United States. L.2005,c.377,s.3.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026

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