The following words and terms, when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise.

1. (1) Available funding--Any funds that are appropriated for utility efficiency improvements or related capital upgrades, repairs, maintenance, and operations of utility systems; funds that would ordinarily be allocated to pay for utility expenses; and funding from a financing method that is prescribed by Government Code, §2166.406.
2. (2) Comprehensive project--All utility related facility and operational improvements which, when considered together, can cost effectively be implemented at one time.
3. (3) Cost effective measure--Efficiency measures that individually or as a group create measurable and verifiable utility cost savings that are at least as great as their cost within their useful life, not to exceed 15 years.
4. (4) Five-year Energy Management Plan--A comprehensive plan that consists of a Resource Efficiency Plan and a Long Range Utility Services Plan.
5. (5) Institution of higher education--Has the meaning that is assigned by Education Code, §61.003.
6. (6) Managing state agency--A state agency that is responsible for the provision of utilities used in the buildings or facilities of other state agencies.
7. (7) Preliminary Energy Audit--An overview of facility energy and water use including an examination of utility bills conducted during a walk through of the facility and brief interviews of agency facility personnel designed to identify potential cost effective energy and water conservation measures.
8. (8) Resource efficiency measure--Any cost effective measure that is designed to reduce utility consumption costs and related operating costs of governmental facilities.
9. (9) Resource Efficiency Plan--A comprehensive biennial plan that a state agency or institution of higher education prepares and that identifies potential cost effective measures for minimizing utility consumption and costs in all agency facilities and buildings, along with implementation schedules and methods of financing the measures as outlined in this chapter.
10. (10) Resource Efficiency Plan completion certification document--a document submitted by a state agency or institution of higher education to the State Energy Conservation Office (SECO), in a format specified by SECO, indicating that the agency or institution has completed or updated its Resource Efficiency Plan, and the Plan is available for review by SECO.
11. (11) State agency--Any department, commission, board, office, or other agency in the executive, judicial, or legislative branch of state government that exists under the constitution or a statute of this state and that has authority that is not limited to a geographical portion of the state.
12. (12) Using agency--An instrumentality of the state that occupies and uses a state-owned building or facility that another state agency manages.
13. (13) Utility--Electricity, gas, thermal, or other energy resource, water, and wastewater.
14. (14) Utility Assessment Report--A detailed assessment of utility and utility related operational efficiency that is prepared by, or under the supervision of, a person who is registered as a professional engineer under the Texas Engineering Practice Act, and which identifies each of the cost effective utility and utility related operational efficiency measures or practices that apply to the buildings or facilities of a state agency or institution of higher education as required by this chapter.

Source Note:The provisions of this §19.13 adopted to be effective August 13, 2002, 27 TexReg 7168.