NY Econ Dev L § 197-A (2021)
2021 New York Laws COM - Economic Development Law Article 7-A - Northern New York Power Proceeds Allocation Act 197-A - Definitions.

§  197-a. Definitions. For the purposes of this article, the following   terms shall have the following meanings:1. "Authority" is the power authority of the state of New York.2. "Authority-TMED contract" refers to a certain contract between  the   authority   and  the  town  of  Massena  electric  department,  entitled   "Agreement Governing the Sale of  St.  Lawrence-FDR  Project  Power  and   Energy   to  the  Town  of  Massena  Electric  Department  for  Economic   Development Purposes," executed and dated by the  authority  on  October   eighteenth,  two  thousand  twelve, and the associated authority service   tariff issued and effective August twenty-first, two thousand twelve.3. "Board" is the northern New York power  proceeds  allocation  board   created by this article.4.  "Benefits"  or "fund benefits" are payments to eligible applicants   selected by the authority for the purpose of funding  eligible  projects   with  monies derived from net earnings that have been deposited into the   northern  New  York  economic  development  fund  by  the  authority  in   accordance  with subdivision twenty-four of section one thousand five of   the public authorities law.5.  "Eligible  applicant"  means  a  private  business,  including   a   not-for-profit corporation.6.  "Eligible  projects" are economic development projects that are or   would be physically located within the state of New York in St. Lawrence   county that will support the growth of business in St.  Lawrence  county   and thereby lead to the creation or maintenance of jobs and tax revenues   for  the  state  and  local  governments.  Eligible projects may include   capital   investments   in   buildings,   equipment,   and    associated   infrastructure  (collectively,  "infrastructure")  owned  by an eligible   applicant for fund benefits;  transportation  projects  under  state  or   federally   approved   plans;   the   acquisition  of  land  needed  for   infrastructure; research and  development  where  the  results  of  such   research  and  development will directly benefit New York state; support   for tourism and marketing  and  advertising  efforts  for  St.  Lawrence   county  tourism  and  business;  and  energy-related  projects. Eligible   projects do not include, and fund benefits may not be used  for,  public   interest advertising or advocacy; lobbying; the support or opposition of   any candidate for public office; the support or opposition to any public   issue; legal fees related to litigation of any kind; expenses related to   administrative  proceedings  before  state  or local agencies; or retail   businesses as defined by the board, including without limitation, sports   venues, gaming and  gambling  or  entertainment-related  establishments,   residential properties, or places of overnight accommodation.7.  "Energy-related  projects,  programs  and services" shall have the   same meaning as such term is defined in subparagraph  two  of  paragraph   (b)  of subdivision seventeen of section one thousand five of the public   authorities law.8. "Net earnings" is the aggregate excess of revenues received by  the   authority  from  the  sale of energy associated with St. Lawrence county   economic development power sold by the authority in the wholesale energy   market over what revenues would have been received had such energy  been   sold on a firm basis under the terms of the authority-TMED contract.9.  "Northern  New York economic development fund" or "fund" is a fund   of the authority into which net earnings are deposited by the  authority   in  accordance with subdivision twenty-four of section one thousand five   of the public  authorities  law  and  from  which  allocations  of  fund   benefits to eligible projects may be made by the authority.10.  "St.  Lawrence  county  economic  development  power"  means firm   hydroelectric energy produced by  the  authority's  St.  Lawrence  power   project that the authority has made available for allocation and sale to    the town of Massena electric department for resale and sub-allocation to   qualified end users pursuant to the authority-TMED contract.