N.Y. Economic Development Law § 189-a: Definitions

§ 189-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. "Board" is the western New York power proceeds allocation board

created by this article.

3. "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

western New York economic development fund.

4. "Eligible applicant" means a private business, including a

not-for-profit corporation.

5. "Eligible projects" are economic development projects by eligible

applicants that are physically located within the state of New York

within a thirty mile radius of the Niagara power project located in

Lewiston, New York that will support the growth of business in the state

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 western New York

state 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.

6. "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.

7. "Expansion power" is the two hundred fifty megawatts of firm

Niagara project hydroelectric power and "replacement power" is the four

hundred forty-five megawatts of firm Niagara project hydroelectric power

as such terms are defined in subdivision thirteen of section one

thousand five of the public authorities law. For purposes of this

article, "expansion and replacement power" means the energy associated

with such power. Notwithstanding any law, rule, regulation, or policy

to the contrary, as of the first day of July, two thousand twelve, the

term replacement power as used in this article includes a certain

seventy megawatts of power that is referred to in subdivision thirteen

of section one thousand five of the public authorities law.

8. "Net earnings" is the aggregate excess of revenues received by the

power authority of the state of New York from the sale of expansion and

replacement power and energy produced at the Niagara project that was

sold in the wholesale energy market over what revenues would have been

received had such energy been sold on a firm basis to an eligible

expansion or replacement power customer under the applicable tariff or

contract.

9. "Western New York economic development fund" or "fund" is a fund of

the authority into which all net earnings are deposited by the authority

in accordance with subdivision twenty of section one thousand five of

the public authorities law and from which allocations of fund benefits

to eligible projects may be made.