10 CSR 140-2.010 - Definitions
PURPOSE: This rule provides definitions of special terms used in conjunction with the Energy Set-Aside Fund.
(1) Active loan means, a loan from the
department to a borrower with a loan agreement on file signed by both parties
and a corresponding balance of funds to be distributed and/or repaid.
(2) Agricultural entity means a farm, ranch,
or corporation engaged in growing, harvesting, or handling of crops, natural
fibers, fruits, vegetables, plants or trees or feeding or care of livestock,
poultry, or fish.
(3) Applicant
means any school, hospital, small business, local government, or other
energy-using sector or entity authorized by the department through
administrative rule, which submits an application for loans or financial
assistance to the department.
(4)
Application cycle means the period or periods of time each year, that the
department shall accept and receive applications for financial assistance under
the provisions of sections
640.651 to
640.686,
RSMo.
(5) Authority means the
Environmental Improvement and Energy Resources Authority.
(6) Authorized official means an individual
authorized to obligate an organization or entity.
(7) Borrower means a recipient of a loan or
other financial assistance program funds subsequent to the execution of a loan
or financial assistance documents with the department or other applicable
parties, provided that a building owned by the state or an agency thereof,
other than a state college or state university, shall not be eligible for loans
or financial assistance pursuant to sections
640.651 to
640.686,
RSMo.
(8) Building means-
(A) An existing structure; or
(B) Proposed new construction; or
(C) Any applicant-owned, group of closely
situated structural units that are centrally metered or served by a central
utility plant; or
(D) An eligible
portion of any of these that includes an energy-using system.
(9) Business, industrial, and
commercial entities mean corporations or other entities registered with the
secretary of state to produce, manufacture, sell, or distribute goods or
commodities; or to perform or deliver services.
(10) Department means the Department of
Natural Resources.
(11) Director
means the director of the Department of Natural Resources.
(12) Division means the Department of Natural
Resources' Division of Energy.
(13)
Energy conservation loan account means an account to be established on the
books of a borrower for purposes of tracking the receipt and expenditure of the
loan funds or financial assistance, and to be used to receive and remit energy
cost savings for purposes of making payments on the loan or financial
assistance.
(14) Energy
conservation measure (or ECM) means an installation in a building or
replacement or modification to an energy-using system, that is primarily
intended to maintain or reduce energy consumption and reduce energy costs, or
allow the use of an alternative or renewable energy source.
(15) Energy conservation project (or project)
means the design, acquisition, installation, operation, and commissioning of
one (1) or more energy conservation measures.
(16) Energy-using sector or entity means an
identified portion of the state's economy, which serves to provide structure to
the allocation of loan funds.
(17)
Energy-using process or system means energy-using equipment or a group of
interacting mechanical or electrical components that use energy.
(18) Energy cost saving (or savings) means
the value, in terms of dollars, that has or is estimated to accrue from energy
bill reductions or avoided costs due to an energy conservation
project.
(19) Estimated simple
payback means the estimated cost of a project divided by the estimated annual
energy cost savings.
(20) Event of
default means an activity or inactivity that results in the borrower's failure
to discharge a duty as prescribed in the loan agreement or other documents
furnished in support of the loan agreement.
(21) Facility means an energy-consuming
process or system such as a building, group of buildings, outdoor lighting
systems, water and wastewater systems, heating, ventilation, or air
conditioning, manufacturing processes, or other systems as determined by the
department.
(22) Financial
assistance means public or private funds reasonably available for loan or grant
to a sector or entity desiring to implement an energy conservation project
thereby facilitating the mission of the division.
(23) Fund means the "Energy Set-Aside Program
Fund" established in section
640.665,
RSMo.
(24) Hospital means a
facility as defined in subsection 2. of section
197.020, RSMo,
including any medical treatment or related facility controlled by a hospital
board.
(25) Hospital board means
the board of directors having general control of the property and affairs of
the hospital facility.
(26)
Incremental cost means the additional cost, as approved by the department, of
new construction due to the addition, design, and installation of higher
efficiency or renewable energy options compared to acceptable minimum
efficiency, consistent with regional minimum design practices, traditional
design practices, or local codes where applicable.
(27) In-kind labor means the labor costs of
an ECM that are performed by the borrower's employees and that may include
wages, benefits, and other direct overhead costs as approved by the
department.
(28) Interest means
accrued interest on loans charged by the department.
(29) Late payment fee means a penalty to be
charged by the department on loan payments past due.
(30) Loan agreement means a document executed
by and among the applicant(s), the department, and other funding source(s), if
applicable, that details all terms and requirements under which the loan will
be made and is to be repaid.
(31)
Local government means any county, city, or village; or any hospital district
as such districts are defined in section
206.010,
RSMo; or any sewer district as such districts are defined in section
249.010,
RSMo; or any water supply districts as such districts are defined in section
247.010,
RSMo; or any ambulance district as such districts are defined in section
190.010,
RSMo; or any subdistrict of a zoological park and museum districts as such
districts are defined in section
184.352,
RSMo.
(32) Loan amount means the
amount, stated in dollars in the loan agreement, determined by the department
as eligible costs plus interest accrued that shall be repaid by the
borrower.
(33) Not-for-profit
organization means any corporation, trust, association, cooperative, or other
organization which is operated primarily for scientific, educational, service,
charitable, or similar purposes in the public interest; is not organized
primarily for profit; uses its net proceeds to maintain, improve, and/or expand
its operations; is tax exempt under the Internal Revenue Code;
and is registered and in good standing with the secretary of state.
(34) Payback score means a numeric value
derived from the review of an application, calculated as prescribed by the
department, that may include, but shall not be limited to, an estimated simple
payback or life-cycle costing method of economic analysis and used for purposes
of ranking applications for the selection of loan and financial assistance
recipients within the balance of program funds available.
(35) Predicted baselines means estimated
annual energy costs of a proposed energy-using system which incorporates
acceptable minimum efficiency.
(36)
Project cost means all costs determined by the department to be directly
related to the implementation of an energy conservation project, including
initial installation in a new building, that shall include the incremental cost
of higher-efficiency energy-using systems or renewable energy options either of
which may be compared to a predicted baseline of energy consumption.
(37) Project revision means any change in an
approved ECM that the department determines materially alters the specification
from a Technical Assistance Report or Technical Assistance Report equivalent
filed with the applicant's original application to the department.
(38) Repayment period means, unless other-
wise negotiated as required under section 640.660, RSMo, the period in years required to repay a loan or financial assistance as determined by the project's estimated simple payback or life-cycle costing analysis, and rounded to the next year where the estimated simple payback or life-cycle costing analysis is a fraction of a year.
(39) Residential unit means a freestanding,
single-family home that serves as a primary place of residence or a unit in a
multi-unit building providing complete, permanent provisions for living and
sleeping that serves as a primary place of residence for the
occupants.
(40) School is defined
in section
640.651,
RSMo.
(41) Technical Assistance
Report (or TAR) means a specialized engineering report, subject to approval by
the department, that identifies and specifies the quantity of energy savings
and related energy cost savings that are likely to result from the
implementation of one (1) or more energy conservation or renewable energy
measures.
(42) Technical Assistance
Report equivalent (or TAR equivalent) means an abbreviated Technical Assistance
Report, subject to approval by the department, to identify measures that have
been proven cost-effective over time and do not require a more comprehensive
analysis.
(43) Unobligated balance
means that amount in the fund that has not been dedicated to any projects at
the end of each state fiscal year.
Notes
*Original authority see Missouri Revised Statutes 2000 and Missouri Revised Statutes Cumulative Supplement-2010 .
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