§ 189-A — Definitions

§ 189-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. "Board" is the western New York power proceeds allocation board\ncreated by this article.\n 3. "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\nwestern New York economic development fund.\n 4. "Eligible applicant" means a private business, including a\nnot-for-profit corporation.\n 5. "Eligible projects" are economic development projects by eligible\napplicants that are physically located within the state of New York\nwithin a thirty mile radius of the Niagara power project located in\nLewiston, New York that will support the growth of business in the state\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 western New York\nstate 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 6. "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 7. "Expansion power" is the two hundred fifty megawatts of firm\nNiagara project hydroelectric power and "replacement power" is the four\nhundred forty-five megawatts of firm Niagara project hydroelectric power\nas such terms are defined in subdivision thirteen of section one\nthousand five of the public authorities law. For purposes of this\narticle, "expansion and replacement power" means the energy associated\nwith such power. Notwithstanding any law, rule, regulation, or policy\nto the contrary, as of the first day of July, two thousand twelve, the\nterm replacement power as used in this article includes a certain\nseventy megawatts of power that is referred to in subdivision thirteen\nof section one thousand five of the public authorities law.\n 8. "Net earnings" is the aggregate excess of revenues received by the\npower authority of the state of New York from the sale of expansion and\nreplacement power and energy produced at the Niagara project that was\nsold in the wholesale energy market over what revenues would have been\nreceived had such energy been sold on a firm basis to an eligible\nexpansion or replacement power customer under the applicable tariff or\ncontract.\n 9. "Western New York economic development fund" or "fund" is a fund of\nthe authority into which all net earnings are deposited by the authority\nin accordance with subdivision twenty of section one thousand five of\nthe public authorities law and from which allocations of fund benefits\nto eligible projects may be made.\n