15333.3.
(a) The California Space and Technology Alliance shall exist to foster the development of activities in California related to space flight including, but not limited to, space vehicle launches, space education and job training infrastructure and research launches, manufacturing, academic research, applied research, economic diversification, business development, tourism, and education. The alliance shall also function as the California Spaceport Authority.(b) The alliance shall be an official recipient of grants from federal, state, or local government or from private businesses or individuals, for California space flight-related activities, including, but not limited to, studies, services, infrastructure improvements and modernization, and defense transition programs to the extent permitted by law. Any other entity legally eligible may also receive grant funds for these purposes.
(c) The alliance shall be an advocate in support of California space flight-related activities, including, but not limited to, the businesses, facilities, programs, developments, alterations, modifications, educational activities, and other programs impacting those activities.
(d) To the extent authorized under the Internal Revenue Code, the alliance shall define and promote changes in federal, state, and local statutes and regulations that will enhance the development of California space flight-related activities.
(e) (1) To the extent authorized under the Internal Revenue Code, the alliance shall report on the economic and employment impacts of California space flight-related activities to the Governor and the Legislature and other state agencies and commissions developing laws, regulations, decisions, or determinations affecting those activities.
(2) The alliance shall recommend to the Governor and the Legislature appropriate state funding mechanisms and amounts to promote development of California space flight-related activities.
(f) With regard to the development of California space flight-related activities, the alliance shall provide recommendations to the Governor and the Legislature in the form of strategic planning documents, and shall act as the official policy advisor to the Governor and the Legislature.
(g) On matters relating to space flight-related activities, the alliance shall act as the official representative of state government to the federal government, other state governments, local government agencies, and the private sector.
(h) The alliance shall review space flight-related grant applications on behalf of the Trade and Commerce Agency, the Department of Transportation, and all other state agencies, and shall make recommendations to the agency for award of those grants.
(i) The alliance shall act as a clearinghouse for space flight-related issues and information.
(j) The alliance may perform the activities listed in Section 15346.6.
(k) In accordance with the California Defense Conversion Act of 1993 (Article 3.7 (commencing with Section 15346)) and with the cooperation of the California Defense Conversion Council, the alliance shall coordinate with Regional Technology Alliances in the development of California space flight-related activities to achieve the optimum utilization of defense conversion and other grant funds.
(l) The alliance shall foster and promote activities related to space flight in all parts of California, and all of its actions shall be taken to benefit the entire State of California.
(m) The alliance shall be a membership organization open to any person or business interested in California space flight-related activities. It shall be organized as a nonprofit corporation with a board of directors composed of no less than 15, but no more than 27 members. Each director shall serve a three-year term, and shall serve no more than three consecutive terms. Board members shall be selected by the alliance, with no more than 40 percent selected from the space flight industry, no more than 30 percent from local government agencies, and no more than 30 percent from the general public and industries other than space flight. One-third of the board of directors shall be residents of northern California, one-third residents of southern California, and one-third residents of central California. Nonvoting, ex officio board directors may be added at the discretion of the board.
(n) The alliance acting as a corporation may not engage in or hold stock or any controlling interest in for-profit endeavors relating to space flight-related activities.
(o) The alliance shall be accountable to the Secretary of Trade and Commerce and shall provide the secretary with quarterly reports of its activities and finances. The agency shall provide guidance and support to the alliance.
(p) The California Space Flight Competitive Grant Program is hereby established to provide funding, upon appropriation by the Legislature, for the development of activities in California related to space flight. For purposes of this section, space flight activities shall include civil or commercial space transportation systems, new or improved space infrastructure, related space support services, or any additional activities that the alliance deems consistent with this section. Entities conducting activities in California intended to enhance or promote space flight, including public, private, educational, commercial, nonprofit, or for-profit entities are eligible to apply for the California Space Flight Competitive Grants.
(1) To the extent authorized by the Internal Revenue Code, the alliance shall promote California Space Flight Competitive Grants. If funding is appropriated by the Legislature, the alliance shall, at least annually, issue requests for proposals.
(2) (A) The alliance shall develop a minimum baseline set of requirements and points a grant application must receive in order to be considered for funding. Requirements in addition to the minimum baseline set, which are consistent with the goals and objectives of this program, may be added or deleted from each year’s grant solicitation.
(B) Any grant application meeting the minimum baseline set of requirements and points described in subparagraph (A) is automatically eligible for consideration in three subsequent grant year solicitations. The applicant is not required to resubmit a new grant application during this time, but, in future grant solicitations, may provide the review panel with any of the following:
(i) Additional information to enhance its current minimum baseline set of requirements and points.
(ii) Any additional information on the grant application that may be necessary to complete any new or existing requirements as provided for in subparagraph (A).
(C) The program shall award grants based upon a competitive application process, addressing, at a minimum, each project’s eligibility, a review of the proposal’s scientific and technological aspects, and the ability to fulfill the goals of the program.
(q) It is the intent of the Legislature that the following be considered in developing the minimum baseline set of requirements in subparagraph (A) of paragraph (2) of subdivision (p):
(1) Identification of all sources of funding for the entire project, which should include at least one of the following:
(A) A private sector company or companies.
(B) One or more foundations, industry associations, or nonprofit cooperative associations, or any combination thereof.
(C) Tangible or intangible in-kind support, including staff, facilities, applied technology, or other, as defined further in the grant solicitation.
(D) Federal or local government funding.
(2) No substitution of other project funding by this grant.
(3) A demonstration that a majority of the project will be undertaken in California.
(4) Inclusion of one or more of the following in the project, each of which should have significant operations in the state:
(A) Private sector companies.
(B) Foundations, industry associations, or nonprofit cooperative associations.
(5) An agreement among all project participants as to the intellectual property rights relative to the project.
(6) The potential impact on the state’s economy.
(7) The cost-effectiveness of the project.
(8) The importance of state funding for the viability of the project.
(9) Cost sharing by other project participants.
(r) In evaluating grant proposals, the alliance shall establish an impartial review panel comprised of technical and scientific experts and government representatives to review grant applications. The panel shall be composed of members from throughout the state who are knowledgeable about activities related to space flight. The panel membership shall be selected so as to afford representation of all parts of the state so far as it is practicable. No more than 30 percent of the panel members shall be government representatives, and all other members shall either be actively involved in industries related to space flight, or technical and scientific experts in activities related to space flight.
(1) The review panel shall review and evaluate California Space Flight Competitive Grant applications based on the grant solicitation requirements. In accordance with subparagraph (A) of paragraph (2) of subdivision (p), a point system shall be developed to evaluate the grant applications similar to those set forth in Sections 8450 and 15379.3. In making evaluations, the review panel shall apply the criteria and priorities as determined by the grant solicitation. The grant review shall include a determination as to whether the project is eligible, the application is complete, and the proposed use of funding is consistent with the requirements of the grant solicitation. The grant review shall also include a determination that there is no conflict of interest, and any other technical evaluation determined necessary.
(2) The review panel shall compile a preliminary list of grant applications for projects determined to be qualified pursuant to paragraph (1), and submit the list to a coalition composed of the review panel, the center alliance, and the Trade and Commerce Agency, each of which shall have one vote.
(3) The coalition shall rank grant applications on the preliminary list by the degree to which each meets the criteria described in the grant solicitation, and shall forward this final, consolidated list to the Secretary of Trade and Commerce for awarding of grant funding. The final, consolidated list may include the coalition’s recommendation as to the amount of state funding for each grant application, potential multiyear funding of a grant application which that must be encumbered in a single fiscal year, or both.
(4) The Secretary of Trade and Commerce shall award grants, based on the review coalition’s final recommendation list, and to the extent funds are available, to applications receiving the highest ranking, unless the secretary finds that changes to the ranking are necessary due to noncompliance with the grant solicitation criteria or because they pose conflicts of interest. The Secretary of Trade and Commerce may overturn a recommendation by the coalition only if the secretary finds clear and convincing evidence to support that action. A report on the funding determination shall be transmitted to the Governor and the chairs of the Senate and Assembly fiscal committees.
(s) The alliance is not eligible to apply for grant funding under this section.
(t) The alliance may establish an advisory committee to provide input, evaluation, program funding recommendations, and other recommendations on the California Space Flight Competitive Grant Program. The committee may also provide recommendations on other space flight-related issues, as directed by the alliance. The committee membership may include representatives from local governments, industry, civic and research organizations, or the general public located in areas with active grant applications. The committee may also include members from throughout the state with an interest in space flight activities.
(u) Nothing in this section shall preclude the state from providing alternative funding allocations for space-related activities.