Oklahoma Administrative Code › Title 200 - Oklahoma Development Finance Authority › Chapter 10 - Administration of Credit Enhancement Reserve Fund › Subchapter 1 - General Provisions › Section 200:10-1-3 - Statutory definitions

Current through Vol. 41, No. 20, July 1, 2024
Terms used in this Chapter are defined in Title 74, Sections 5062.1 to .22 and in Title 74, Oklahoma Statutes 1991, Sections 5063.1 to .20. However, for the purpose of clarity, the following statutory definitions are reprinted in these Rules:
"Act"
means the Credit Enhancement Reserve Fund Act
. [74:5063.2.1]
"Agricultural enterprise"
means facilities for farms, ranches, other agricultural, silvacultural or aquacultural commodity operations, and related businesses and industries, including but not limited to grain elevators, shipping heads, livestock pens, warehouses and other storage facilities, related transportation facilities, drainage facilities and any related facilities hereto
(sic). [74:5062.5.2]
"Authority"
means the Oklahoma Development Finance Authority
. [74:5062.5.1]
"Board of directors"
means and includes the board of directors of the Authority created by this act (the Oklahoma Development Finance Authority Act)
. [74:5062.5.3]
"Bonds"
means the Credit Enhancement Reserve Fund General Obligation Bonds authorized pursuant to Section 81 (74:5063.11) of this Act (the Credit Enhancement Reserve Fund Act)
. [74:5063.2.2]
"Educational facilities"
means any facility intended by an educational institution in furtherance of its educational program, including, but not limited to, classrooms, laboratories, administrative buildings, equipment and other property for use therein or thereon
. [74:5062.5.5]
"Energy conservation facilities"
means any facility designated for the purchasing and installation of energy conservation equipment or facilities, including building modifications
. [74:5062.5.6]
"Energy distribution facilities"
means an energy distribution system owned, in whole or in part, by an individual, municipality, corporation or other governmental or business entity and which uses alcohol, peat, solar, waste, water and related dams, wind, wood, coal or natural gas
. [74:5062.5.7]
"Energy generating facilities"
means (a) for a system which does not generate electricity, an energy generating system owned, in whole or in part, by an individual, municipality, corporation or other governmental or business entity, and which systems (sic) uses biomass, peat, solar, waste, water and related dams, wind, wood or coal or which is an energy conservation project; or (b) for a system which does generate electricity, an energy generating system which uses alcohol, peat, solar, waste, water and related dams, wind, wood, or coal, and which is owned, in whole or in part, by an individual, municipality, corporation or other business or governmental entity
. [74:5062.5.8.]
"Facilities"
means any real property, including, without limitation, any land, building, fixture, improvement, easement, right-of-way, water right, land lying under the water of air right, and any personal property, including without limitation any leasehold, inventory, account receivable, patent, license, franchise, machinery, equipment, merchandise, raw material, supply, product, work in process or stock in trade, or mixed property of any and every kind including, but not limited to, buildings, rights-of-way, roads, streets, waterways, transportation systems, ports and terminals, pipes, pipelines, reservoirs, utilities, pollution control systems, toxic and solid waste disposal systems, health care facilities for furnishing any physical or mental health care, materials, commodities, equipment, fixtures, machinery, furniture, furnishings, instrumentalities, and other real, personal or mixed property of every kind or any preliminary studies and surveys related thereto
. [74:5062.5.9]
"Financing assistance" or "financial assistance"
means the making of, entering into or providing for guarantees, leases, insurance, financing credits, loans, letters of credit, financing assistance payments, grants or other financial aid. [74:5062.5.10]
"Fund"
means the Credit Enhancement Reserve Fund
. [74:5063.2.3]
"Industrial enterprise"
means facilities for manufacturing, producing, research, processing, assembling, repairing, extracting, warehousing and distributing goods, facilities for any service profession, facilities for communications, computer services, transportation and corporate and management offices and services provided in connection with any of the foregoing, in isolation or in any combination that involve the creation of new or additional employment or the retention of existing employment, and industrial parks
. [74:5062.5.12]
"Organization"
includes a corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, or association, two or more persons have a joint or common interest or any other legal or commercial entity. [12A:1-201.28]
"Political subdivision"
means any incorporated city or town, or school district, county, special district or public trust where a city, town, school district, county or special district is a beneficiary and all their institutions, agencies or instrumentalities.
. [74:5062.5.14]
"Pollution"
means any form of environmental pollution, including, but not limited to, water pollution, air pollution, radiation contamination, nose pollution or pollution caused by solid waste disposal
. [74:5062.5.15]
"Pollution control facilities"
means any facilities for the purpose of reducing, abating, preventing, controlling, or eliminating pollution caused or produced by the operation of any manufacturing, industrial, or commercial enterprise or any utility plant or useful for the purpose of removing or treating any substance in processed material, which material would cause pollution if used without such removal or treatment
. [74:5062.6.16]
"Project"
means any facility used for or in connection with any of the following: industrial enterprises, agricultural enterprises, capital improvements, health care facilities, educational facilities, pollution control facilities, energy conversation facilities, energy distribution facilities, energy generating facilities, recreational facilities, short-term advance funding, waste water facilities
. [74:5062.5.17]
"Short-term advance funding"
shall mean the financing of temporary cash shortfalls of the state or political subdivisions
. [74:5062.5.18.]
"State"
means the State of Oklahoma or any office, department, agency, authority, commission, board, institution, hospital, college, university, public trust where the state is the beneficiary, or other instrumentality thereof
. [74:5062.5.19.]
"Waste water"
shall mean any water containing sewage, industrial wastes, or other wastes or contaminants derived from the prior use of such water, and shall include, without limiting the generality of the foregoing, surface water of the type storm sewers are designed to collect and dispose of
. [74:5062.5.20]
"Waste water facilities"
shall mean any facility for the purpose of treating, neutralizing, disposing of, stabilizing, cooling, segregating or holding waste water, including, without limiting the generality of the foregoing, facilities for the treatment and disposal of sewage, industrial wastes, or other wastes, waste water, and the residue thereof; facilities for the temporary or permanent impoundment of waste water, both surface and underground; and sanitary sewers or their collection systems, whether on the surface or underground, designed to transport waste water together with the equipment and furnishings thereof and their appurtenances and systems, whether on the surface or underground including force mains and pumping facilities therefor
. [74:5062.5.21]
Amended at 12 Ok Reg 2177, eff 7-14-95