NY Econ Dev L § 189-A (2021)
2021 New York Laws COM - Economic Development Law Article 6-A - Western New York Power Proceeds Allocation Act 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.