[PART
II.]  ENERGY EFFICIENCY IN STATE FACILITIES



 



§196-11  Definitions.  As used in this
part:



"Acquisition" means acquiring by
contract supplies or services, including construction, by and for the use of
the State through purchase or lease, whether the supplies or services are
already in existence or must be created, developed, demonstrated, or
evaluated.  Acquisition begins at the point when agency needs are established
and includes the description of requirements to satisfy agency needs,
solicitation and selection of sources, award of contracts, contract financing,
contract performance, contract administration, and those technical and
management functions directly related to the process of fulfilling agency needs
by contract.



"Agency" means any executive
department, independent commission, board, bureau, office, or other
establishment of the State, or any quasi-public institution that is supported
in whole or in part by state funds.



"Commissioning" means a
quality-oriented process, which takes place during design and construction, for
achieving, verifying, and documenting that the performance of facilities,
systems, and assemblies meets defined objectives and criteria with regards to
energy conservation design strategies and the energy performance of buildings.



"Energy performance contract" shall
have the same meaning as in section 36-41(d), and shall additionally include
commissioning and retro-commissioning.



"ENERGY STAR" means a labeling
program introduced by the United States Environmental Protection Agency in 1992
as a voluntary labeling program designed to identify and promote
energy-efficient products, in order to reduce carbon dioxide emissions.



"Exempt facility" or "exempt
mobile equipment" means a facility or mobile equipment for which an agency
utilizes criteria established by the energy resources coordinator to determine
that compliance with this part is not practical.



"Facility" means a building or
buildings or similar structure owned or leased by, or otherwise under the
jurisdiction of, an agency.



"Life-cycle cost-effective" means the
life-cycle costs of a product, project, or measure that are estimated to be
equal to or less than the base case, i.e., current or standard practice or
product.



"Life-cycle costs" means the sum of
the present values of investment costs, capital costs, installation costs,
energy costs, operating costs, maintenance costs, and disposal costs, over the
lifetime of the project, product, or measure.



"Mobile equipment" means any
state-owned vessel, aircraft, or off-road vehicle.



"Renewable energy" means energy
produced by solar, energy conserved by passive solar design/daylighting, ocean
thermal, wind, wave, geothermal, waste-to-energy, or biomass power.



"Renewable energy technology" means
technology that uses renewable energy to provide light, heat, cooling, or
mechanical or electrical energy for use in facilities or other activities.  The
term includes the use of integrated whole-building designs that rely upon
renewable energy resources, including passive solar design/daylighting.



"Retro-commissioning" means a
quality-oriented process, which takes place after systems have been placed in
operation, for achieving, verifying, and documenting that the performance of
facilities, systems, and assemblies perform as closely as possible to defined
performance criteria, with regards to energy conservation design strategies and
the energy performance of buildings.



"Source energy" means the energy that
is used at a site and consumed in producing and delivering energy to a site,
including power generation, transmission, and distribution losses, and that is
used to perform a specific function, such as space conditioning, lighting, or
water heating.



"Utility" means a public utility as
defined in section 269-1.  Utility includes federally owned nonprofit
producers, county organizations, and investor or privately owned producers
regulated by the state or federal government, cooperatives owned by members and
providing services mostly to their members, and other nonprofit state and
county agencies serving in this capacity.



"Utility energy-efficiency service"
means demand-side management services provided by a utility to improve the
efficiency of use of the commodity, such as electricity and gas being
distributed.  Services may include energy efficiency and renewable energy
project auditing, financing, design, installation, operation, maintenance, and
monitoring. [L 2002, c 77, pt of §9; am L 2007, c 157, §§1, 2]