330-067-0020 Definitions (1) “Act,” as used in this rule, means the Energy Policy and Conservation Act, Public Law 94-163, 89 Stat. 871 (42 U.S.C. 6201) as amended by Title III of the National Energy Conservation Policy Act, Public Law 95-619, 92 Stat. 3238 (42 U.S.C. 6371) and the State Energy Efficiency Programs Improvement Act of 1990, Public Law 101-440, 104 Stat. 1011. (2) “Building” means any structure, including a group of closely situated structural units that are centrally metered and are served by a central utility plant, or eligible portion thereof, which: (a) Was built on or before May 1, 1989; (b) Is owned and occupied by the eligible institution; (c) Includes a heating or cooling system or both. (3) “Built” means the date an occupancy permit for a building was issued. It also means the date the building is ready to be occupied. (4) “Civil Rights” means civil rights responsibilities of applicants and grantees as stated in 10 CFR 1040. (5) “Complex” means a closely situated group of buildings on a contiguous site such as a school or college campus or multi-building hospital. (6) “Coordinating Agency” means a state or any public or private nonprofit (PNP) organization legally set up to act as the agent for the institution. (7) “DOE” or “US DOE” means the U.S. Department of Energy. (8) “Eligible Institution” means a public or PNP school, hospital or coordinating agency, as defined in Subpart A, 10 CFR 455.2 in the February 19, 1993, Federal Register. (9) “Energy Conservation Measure (ECM)” means to install or change an installation in a building and thereby reduce energy use or allow the use of a renewable energy source. ECMs in this program are defined in Subpart A, 10 CFR 455.2 in the February 19, 1993, Federal Register. (10) “Energy Use Evaluation (EUE)” means the survey of a building or complex by a utility, a contractor, or an institution representative familiar with the building and its systems done in accord with Subpart B of 10 CFR Part 455.20 in the February 19, 1993, Federal Register and ODOE requirements. (11) “Grantee” means the grant recipient. (12) “Hardship” or “Severe Hardship Funding” means a grant in excess of the 50 percent federal share, but not more than a 90 percent federal share for a TAS. To qualify for hardship funds, an institution must submit requested hardship information to ODOE. ODOE will notify the institution about hardship eligibility. (13) “Heating or Cooling System” means any mechanical system for heating, cooling or ventilating areas of a building. This includes a system of through-the-wall air conditioning units. (14) “Hospital” means a public or PNP hospital, other than one giving mainly care and housing to people who cannot care for themselves. It must be authorized to provide hospital services under the laws of the state. (15) “Load Management System” means a device(s) which is designed to shift energy use to hours of low demand in order to reduce energy costs and which does not cause more energy to be used than was used before their installation. (16) “Local Education Agency” means a public or PNP board of education or other authority legally set up within, or recognized by, the state to administer a group of schools. (17) “Maintenance” means action taken in a building to assure that equipment and energy-using systems work properly and efficiently. (18) “ODOE” means the Oregon Department of Energy. (19) “On-Site Assessment” means to: (a) Assess the building(s) energy-using systems and make recommendations to replace, upgrade, or repair the systems; and (b) Assess the training needs of maintenance staff and make recommendations as to who should be trained and in what areas. (20) “Operating and Maintenance Changes (O&Ms)” means changes in the maintenance and operation of a building and its equipment and energy using systems to reduce its energy use. (21) “Owned” or “Owns” means a property interest, including a leasehold interest, which is or shall become, a fee simple title in a building or complex. (22) “Program Assistance” means a program or activity managed 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, including such relevant activities as: (a) Evaluating the services of consulting engineers; (b) Training school or hospital personnel to perform energy accounting; (c) Monitoring the implementation and operation of energy conservation measures; and (d) Aiding in the procurement of cost effective energy conservation projects. (23) “Public or PNP Institution” means an institution owned and occupied by: (a) The state, a political subdivision of the state or an agency of either; or (b) A school or hospital which is exempt from income tax under Section 501(c)(3) of the Internal Revenue Code of 1954. (24) “School” means a public or PNP institution which provides, and legally can provide, primary, secondary, post-secondary or vocational education on a day or residential basis as defined in 10 CFR 455.2 in the February 19, 1993, Federal Register. (25) “State” means the State of Oregon. (26) “State Hospital Facilities Agency” means the State Department of Human Resources, Office of Health Policy. (27) “State Plan” means the current “State Plan for Implementing the ICP” as prepared by ODOE and approved by US DOE. (28) “State School Facilities Agency” means the Oregon Department of Education or the Oregon State System of Higher Education. (29) “TA Analyst (TAA)” means a registered engineer or engineer/architect team or other individuals with knowledge, experience, or expertise in conducting energy audits and studies of public buildings and facilities. This includes, but is not limited to, an understanding of HVAC systems, lighting standards and equipment, weatherization, heat recovery, renewables, and HVAC systems. (30) “Technical Assistance Study (TAS)” means a report based on an on-site analysis of the building which meets the requirements of ODOE’s TAS format. This includes, but is not limited to, an identification of cost-effective operation and maintenance changes and energy conservation measures, their costs, and estimated energy savings. Statutory/Other Authority: ORS 469.040 & 469.165 Statutes/Other Implemented: ORS 469 History: DOE 3-1993, f. & cert. ef. 8-23-93 DOE 2-1990, f. & cert. ef. 4-19-90 (and corrected 6-27-91) DOE 8-1985, f. & ef. 12-30-85 DOE 4-1985, f. 4-19-85, ef. 4-22-85