§ 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.