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

1. (1) Commission--The Texas Transportation Commission.
2. (2) Department--The Texas Department of Transportation.
3. (3) Department estimate--An estimate of what it would cost the department to complete the work proposed by the developer. The estimate is developed or updated by the department after receipt of a developer's request and prior to the time the department executes an agreement with the developer.
4. (4) Developer--The public or private entity that enters into a pass-through toll agreement with the department under this subchapter for the construction, maintenance, or operation of a state highway.
5. (5) Environmental Permits, Issues, and Commitments (EPIC)--Any permit, issue, coordination, commitment, or mitigation obtained to satisfy social, economic, or environmental impacts of a project, including, but not limited to, sole source aquifer coordination, wetland permits, stormwater permits, traffic noise abatement, threatened or endangered species coordination, archeological permits, and any mitigation or other commitment associated with any of those issues.
6. (6) Executive director--The executive director of the department or the executive director's designee not below district engineer, division director, or office director.
7. (7) Operation--Includes maintenance.
8. (8) Pass-through toll--A per vehicle fee or a per vehicle-mile fee that is determined by the number of vehicles using a highway.

Source Note:The provisions of this §5.52 adopted to be effective April 15, 2004, 29 TexReg 3640.