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

1. (1) Building--A structure that consumes energy.
2. (2) Energy Conservation Measure (ECM)--A commercially available energy efficient device, technique, or technology that is designed to reduce energy consumption, peak demand, and/or utility costs at an existing facility that a public sector institution owns, or to achieve similar savings from enhancements that exceed all applicable energy-related regulatory requirements in a proposed facility to be owned by such institution.
3. (3) Energy Conservation Measure (ECM) project--The identification, design, installation, monitoring, and evaluation of one or more energy efficient measures that are designed to reduce energy consumption, peak demand, and/or utility cost.
4. (4) Estimated simple payback period--The estimated number of years necessary for the savings from the energy savings improvements to equal the cost of installing the improvements as determined by the formula total estimated energy conservation measure costs (including audit, metering, installation, equipment, and engineering design but excluding interest) divided by the annual estimated utility cost savings.
5. (5) Facility--Any major energy using group of buildings in geographic proximity to each other and/or a major energy using system that one or more public sector institutions own and occupy or operate.
6. (6) Interest rate--The percentage of the loan amount charged on an annual basis by the State Energy Conservation Office (SECO) to a borrower for the use of the LoanSTAR program proceeds.
7. (7) Loan agreement--The written agreement between an applicant and SECO that details all terms and requirements under which the loan is issued, including the intended use of the loan proceeds.
8. (8) LoanSTAR Program--The state Revolving Loan Program that SECO administers, and which funds energy conservation measures. The program is comprised of five elements: energy audits, efficiency retrofits or enhancements, a revolving loan financing mechanism, program monitoring, and evaluation.
9. (9) Project cost--All costs that SECO determines to be directly related to the identification, design, implementation, metering, and monitoring of an energy conservation measure.
10. (10) Public sector institution--Any state department, commission, board, office, institution, facility, or other agency; a public junior college or community college; an institution of higher education as defined in Education Code, §61.003; units of local government including a county, city, town, a public or non-profit hospital or health care facility; a public school; or a political subdivision of the state.
11. (11) SECO--The Comptroller of Public Accounts State Energy Conservation Office or legally designated successor.

Source Note:The provisions of this §19.42 adopted to be effective August 13, 2002, 27 TexReg 7175; amended to be effective March 11, 2010, 35 TexReg 2017.