150:80-1-4 - Definitions

150:80-1-4. Definitions

The following words or terms, when used in this chapter, shall have the following meaning unless the context clearly indicates otherwise:

"Building" means any structure, including a group of closely situated structural units that are centrally metered or served by a central utility plant, or an eligible portion thereof, the construction of which was completed on or before May 1, 1989, which includes a heating or cooling system, or both.

"Complex" means a closely situated group of buildings on a contiguous site such as a school or college campus or multi building hospital.

"Contractors Implementation Manual" means the book delivered with the grant award to successful applicants.

"Coordinating agency" means a State or public or nonprofit organization legally constituted within a State which provides either administrative control or services for a group of institutions within a State and which acts on behalf of such institutions with respect to their participation in the program.

"Department" means the Oklahoma Department of Commerce.

"DOE" means the Department of Energy.

"Energy audit" means a determination of the energy consumption characteristics of a building which:

(A) identifies the type, size, and rate of energy consumption of such buildings and the major energy-using systems of such buildings;

(B) determines appropriate energy conservation maintenance and operating procedures;

(C) indicates the need, if any, for the acquisition and installation of energy conservation measures; and,

(D) if paid for with financial assistance funds under the ICP, complies with 10 C.F.R. 450.43.

"Energy conservation maintenance and operating procedures" means modifications in the maintenance and operations of a building and any installation therein which are designed to reduce the energy consumption in such building and which require no significant expenditure of funds, including, but not limited to:

(A) effective operation and maintenance of ventilation systems and control of infiltration conditions;

(B) changes in the operation and maintenance of heating and cooling systems;

(C) changes in the operation and maintenance of lighting systems;

(D) changes in the operation and maintenance of water systems;

(E) changes in the maintenance and operating procedures of the building's mechanical systems; and,

(F) such other actions relating to operation and maintenance procedures as the State may determine useful or necessary. In general, energy conservation maintenance and operating procedures involve cleaning, repairing or adjusting existing equipment rather than acquiring new equipment.

"Energy conservation measures" means an installation or modification of an installation in a building which is primarily intended to maintain (in the case of load management systems) or reduce energy consumption and reduce energy costs, or allow the use of an alternative energy source.

"Grant program cycle" means period of time specified by DOE which relates to the fiscal year or years for which monies are appropriated for grants under 10 C.F.R. Part 455 during which one complete cycle of DOE grant activity occurs including fund allocations to the States; applications receipt, review, approval, or disapproval; and award of grants by DOE but which does not include the grantee's performance period.

"Grantee" means the entity or organization named in the Notice of Financial Assistance Award as the recipient of the grant.

"Hospital" means a public or nonprofit institution which is a general hospital, tuberculosis hospital, or any other type of hospital other than a hospital furnishing primarily domiciliary care and which is duly authorized to provide hospital services under the laws of the State in which it is situated.

"Hospital facilities" means building housing a hospital and related facilities including laboratories, laundries, outpatient departments, nurses' residence and training facilities, and central service facilities operated in connection with a hospital. It also includes buildings containing educational or training facilities for health profession personnel operated as an integral part of a hospital.

"Non-federal funds" means financing sources obtained or arranged for by a State as a result of the State program(s) pursuant to 10 C.F.R. 455.20(j), to be used to pay for energy conservation measures for institutions eligible under this section, and includes petroleum violation escrow funds except for those funds required to be treated as if they were federal funds by statute, court order, or settlement agreement.

"Program assistance" means a program or activity managed or performed by the State and designed to provide support to eligible institutions to help ensure the effectiveness of energy conservation programs carried out consistent with this part.

"PVE Funds" means Petroleum Violation Escrow funds.

"Public care institutions" means a public or nonprofit institution which owns (1) a facility or long-term care, rehabilitation facility, or public health center, as described in section 1824 of the Public Health Services Act ( 42 U.S.C. Section 300a-3); or (2) a residential child care center which is an institution, other than a foster home, operated by a public or nonprofit institution. It is primarily intended to provide full-time residential care, with an average length of stay of at least 30 days, for at least 10 minor persons who are in the care of such institutions as a result of a finding of abandonment or neglect or of being persons in need of treatment or supervision.

"Public or nonprofit institution" means an Institution owned or operated by a State, a political subdivision of a State, or an agency or instrumentality or either, or a school or hospital which is, or would be exempt from income tax under the Internal Revenue Code section 501(c)(3) or 501(c)(4) of Title 26 of the United States Code.

"School" means a public or nonprofit institution which:

(A) provides, and is legally authorized to provide, elementary education or secondary education, or both, on a day or residential basis;

(B) provides, and is legally authorized to provide, a program of education beyond secondary education, on a day or residential basis; and,

(C) provides not less than a one-year program of training to prepare students for gainful employment in a recognized occupation; or

(D) is a local educational agency.

"School facilities" means buildings housing classrooms, laboratories, dormitories, administrative facilities, athletic facilities, or related facilities operated in connection with a school.

"State Plan" means the annual document under which the Institutional Conservation Program is implemented by the State in accordance with federal law.

"Technical assistance" means:

(A) the conduct of specialized studies to identify and specify energy savings or energy costs savings that are likely to be realized as a result of the modification of maintenance and operating procedures in a building, the acquisition and installation of one or more specified energy conservation measures in a building, or both and

(B) the planning or administration of such specialized studies.

"Unit of local government" means the government of a county, municipality, or township which is a unit of general purpose government below the State level.

Added at 12 Ok Reg 3005, eff 7-27-95

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