§ 197-A — Definitions

§ 197-a. Definitions. For the purposes of this article, the following\nterms shall have the following meanings:\n 1. "Authority" is the power authority of the state of New York.\n 2. "Authority-TMED contract" refers to a certain contract between the\nauthority and the town of Massena electric department, entitled\n"Agreement Governing the Sale of St. Lawrence-FDR Project Power and\nEnergy to the Town of Massena Electric Department for Economic\nDevelopment Purposes," executed and dated by the authority on October\neighteenth, two thousand twelve, and the associated authority service\ntariff issued and effective August twenty-first, two thousand twelve.\n 3. "Board" is the northern New York power proceeds allocation board\ncreated by this article.\n 4. "Benefits" or "fund benefits" are payments to eligible applicants\nselected by the authority for the purpose of funding eligible projects\nwith monies derived from net earnings that have been deposited into the\nnorthern New York economic development fund by the authority in\naccordance with subdivision twenty-four of section one thousand five of\nthe public authorities law.\n 5. "Eligible applicant" means a private business, including a\nnot-for-profit corporation.\n 6. "Eligible projects" are economic development projects that are or\nwould be physically located within the state of New York in St. Lawrence\ncounty that will support the growth of business in St. Lawrence county\nand thereby lead to the creation or maintenance of jobs and tax revenues\nfor the state and local governments. Eligible projects may include\ncapital investments in buildings, equipment, and associated\ninfrastructure (collectively, "infrastructure") owned by an eligible\napplicant for fund benefits; transportation projects under state or\nfederally approved plans; the acquisition of land needed for\ninfrastructure; research and development where the results of such\nresearch and development will directly benefit New York state; support\nfor tourism and marketing and advertising efforts for St. Lawrence\ncounty tourism and business; and energy-related projects. Eligible\nprojects do not include, and fund benefits may not be used for, public\ninterest advertising or advocacy; lobbying; the support or opposition of\nany candidate for public office; the support or opposition to any public\nissue; legal fees related to litigation of any kind; expenses related to\nadministrative proceedings before state or local agencies; or retail\nbusinesses as defined by the board, including without limitation, sports\nvenues, gaming and gambling or entertainment-related establishments,\nresidential properties, or places of overnight accommodation.\n 7. "Energy-related projects, programs and services" shall have the\nsame meaning as such term is defined in subparagraph two of paragraph\n(b) of subdivision seventeen of section one thousand five of the public\nauthorities law.\n 8. "Net earnings" is the aggregate excess of revenues received by the\nauthority from the sale of energy associated with St. Lawrence county\neconomic development power sold by the authority in the wholesale energy\nmarket over what revenues would have been received had such energy been\nsold on a firm basis under the terms of the authority-TMED contract.\n 9. "Northern New York economic development fund" or "fund" is a fund\nof the authority into which net earnings are deposited by the authority\nin accordance with subdivision twenty-four of section one thousand five\nof the public authorities law and from which allocations of fund\nbenefits to eligible projects may be made by the authority.\n 10. "St. Lawrence county economic development power" means firm\nhydroelectric energy produced by the authority's St. Lawrence power\nproject that the authority has made available for allocation and sale to\nthe town of Massena electric department for resale and sub-allocation to\nqualified end users pursuant to the authority-TMED contract.\n