§ 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.