2023 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.