2023 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.