640.651. Definitions.

MISSOURI STATUTES AND CODES

Definitions.

640.651. As used in sections 640.651 to 640.686, the following termsmean:

(1) "Applicant", any school, hospital, small business, localgovernment or other energy-using sector or entity authorized by thedepartment through administrative rule, which submits an application forloans on financial assistance to the department;

(2) "Application cycle", the period of time each year, as determinedby the department, that the department shall accept and receiveapplications seeking loans or financial assistance under the provisions ofsections 640.651 to 640.686;

(3) "Authority", the environmental improvement and energy resourcesauthority;

(4) "Borrower", a recipient of loan or other financial assistanceprogram funds subsequent to the execution of loan or financial assistancedocuments with the department or other applicable parties provided that abuilding owned by the state or an agency thereof other than a state collegeor state university, shall not be eligible for loans or financialassistance pursuant to sections 640.651 to 640.686;

(5) "Building", including initial installation in a new building, anyapplicant-owned and -operated structure, group of closely situatedstructural units that are centrally metered or served by a central utilityplant, or an eligible portion thereof, which includes a heating or coolingsystem, or both;

(6) "Department", the department of natural resources;

(7) "Energy conservation loan account", an account to be establishedon the books of a borrower for purposes of tracking information related tothe receipt or expenditure of the loan funds or financial assistance, andto be used to receive and remit energy cost savings for purposes of makingpayments on the loan or financial assistance;

(8) "Energy conservation measure" or "ECM", an installation ormodification of an installation in a building or replacement ormodification to an energy-consuming process or system which is primarilyintended to maintain or reduce energy consumption and reduce energy costs,or allow the use of an alternative or renewable energy source;

(9) "Energy conservation project" or "project", the design,acquisition, installation, and implementation of one or more energyconservation measures;

(10) "Energy cost savings" or "savings", the value, in terms ofdollars, that has or is estimated to accrue from energy savings or avoidedcosts due to implementation of an energy conservation project;

(11) "Estimated simple payback", the estimated cost of a projectdivided by the estimated energy cost savings;

(12) "Fund", the energy set-aside program fund established in section640.665;

(13) "Hospital", a facility as defined in subsection 2 of section197.020, RSMo, including any medical treatment or related facilitycontrolled by a hospital board;

(14) "Hospital board", the board of directors having general controlof the property and affairs of the hospital facility;

(15) "Loan agreement", a document agreed to by the borrower's school,hospital or corporate board, principals of a business, the governing bodyof a local government or other authorized officials and the department orother applicable parties and signed by the authorized official thereof,that details all terms and requirements under which the loan is issued orother financial assistance granted, and describes the terms under which theloan or financial assistance repayment shall be made;

(16) "Payback score", a numeric value derived from the review of anapplication, calculated as prescribed by the department, which may includean estimated simple payback or life-cycle costing method of economicanalysis and used solely for purposes of ranking applications for theselection of loan and financial assistance recipients within the balance ofprogram funds available;

(17) "Project cost", all costs determined by the department to bedirectly related to the implementation of an energy conservation project,and, for initial installation in a new building, shall include theincremental cost of a high-efficiency system;

(18) "School", an institution operated by a state college or stateuniversity, public agency, political subdivision or a public or privatenonprofit organization tax exempt under Section 501(c)(3) of the InternalRevenue Code which:

(a) Provides, and is legally authorized to provide, elementaryeducation or secondary education, or both, on a day or residential basis;

(b) Provides and is legally authorized to provide a program ofeducation beyond secondary education, on a day or residential basis; admitsas students only persons having a certificate of graduation from a schoolproviding secondary education, or the recognized equivalent of suchcertificate; is accredited by a nationally recognized accrediting agency orassociation; and provides an educational program for which it awards abachelor's degree or higher degree or provides not less than a two-yearprogram which is acceptable for full credit toward such a degree at anyinstitution which meets the preceding requirements and which provides sucha program; or

(c) Provides not less than a one-year program of training to preparestudents for gainful employment in a recognized occupation; provides and islegally authorized to provide a program of education beyond secondaryeducation, on a day or residential basis; admits as students only personshaving a certificate of graduation from a school providing secondaryeducation, or the recognized equivalent of such certificate; and isaccredited by a nationally recognized accrediting agency or association;

(19) "School board", the board of education having general control ofthe property and affairs of any school as defined in this section;

(20) "Technical assistance report", a specialized engineering reportthat identifies and specifies the quantity of energy savings and relatedenergy cost savings that are likely to result from the implementation ofone or more energy conservation measures;

(21) "Unobligated balance", that amount in the fund that has not beendedicated to any projects at the end of each state fiscal year.