North Carolina § 143-64 - 11. Definitions.

§ 143-64. 11. Definitions.

For purposes of this Article: "Economic life" means the projected or anticipated useful life of a facility. "Energy-consumption analysis" means the evaluation of all energy- consuming systems, including systems that consume water or other utilities, and components of these systems by demand and type of energy or other utility use, including the internal energy load imposed on a facility by its occupants, equipment and components, and the external energy load imposed on the facility by climatic conditions. "Energy Office" means the State Energy Office of the Department of Environmental Quality. "Energy-consuming system" includes but is not limited to any of the following equipment or measures: Equipment used to heat, cool, or ventilate the facility; Equipment used to heat water in the facility; Lighting systems; On-site equipment used to generate electricity for the facility; On-site equipment that uses the sun, wind, oil, natural gas, liquid propane gas, coal, or electricity as a power source; and Energy conservation measures, as defined in G.S. 143-64.17, in the facility design and construction that decrease the energy, water, or other utility requirements of the facility. "Facility" means a building or a group of buildings served by a central distribution system for energy, water, or other utility or components of a central distribution system. "Initial cost" means the required cost necessary to construct or renovate a facility. "Life-cycle cost analysis" means an analytical technique that considers certain costs of owning, using, and operating a facility over its economic life, including but not limited to: Initial costs; System repair and replacement costs; Maintenance costs; Operating costs, including energy costs; and Salvage value. Repealed by Session Laws 1993, c. 334, s. 3, effective July 13, 1993. "State agency" means the State of North Carolina or any board, bureau, commission, department, institution, or agency of the State. "State-assisted facility" means a facility constructed or renovated in whole or in part with State funds or with funds guaranteed or insured by a State agency. "State facility" means a facility constructed or renovated, by a State agency. "State institution of higher learning" means any constituent institution of The University of North Carolina. History (1975, c. 434, s. 2; 1989, c. 23, s. 1; 1993, c. 334, s. 3; 2001-415, s. 2; 2006-190, ss. 9, 10, 11; 2007-546, s. 3.1(c); 2009-446, s. 1(f); 2013-360, s. 15.22(o); 2015-241, s. 14.30(u).) Editor's Note. - See the Editor's Notes under G.S. 143-64.10 . Session Laws 2007-546, s. 5, provides: "This act shall not be construed to obligate the General Assembly to appropriate funds to implement the provisions of this act. Every public agency, as defined in subsection (c) of Section 1 of this act, to which this act applies may implement the provisions of this act from funds otherwise appropriated or available to that public agency." Session Laws 2009-446, s. 1(a), provides: "The State Energy Office is transferred from the Department of Administration to the Department of Commerce. This transfer shall have all of the elements of a Type I transfer, as defined in G.S. 143A-6 ." Session Laws 2013-360, s. 15.22(a), provides: "The State Energy Office is hereby transferred from the Department of Commerce to the Department of Environment and Natural Resources. This transfer shall have all of the elements of a Type I transfer, as defined in G.S. 143A-6 ." Session Laws 2013-360, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2013.'" Session Laws 2013-360, s. 38.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2013-2015 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2013-2015 fiscal biennium." Session Laws 2013-360, s. 38.5 is a severability clause. Effect of Amendments. - Session Laws 2006-190, ss. 9 to 11, effective August 3, 2006, and applicable to contracts entered into or renewed on or after that date, in subdivision (2), substituted "systems, including systems that consume water or other utilities, and components of these systems by demand and type of energy or other utility use" for "systems and components by demand and type of energy"; in subdivision (2b), inserted "any of " in the introductory language, and substituted "measures, as defined in G.S. 143-64.17 , in the facility design and construction that decrease the energy, water, or other utility requirements" for "measures in the facility design and construction that decrease the energy requirements" in sub-subdivision (2b)f.; and in subdivision (3), substituted "central distribution system" for "central energy distribution system" twice, and inserted "for energy, water, or other utility". Session Laws 2006-190, s. 10, effective August 3, 2006, inserted "any of" in the introductory language of subdivision (2b); in subdivision (2)f., substituted "measures, as defined in G.S. 143-64.17 ," for "measures", and substituted "energy, water, or other utility" for "energy". Session Laws 2006-190, s. 11, effective August 3, 2006, in subdivision (3), substituted "central distribution system" for "central energy distribution system" twice, and inserted "for energy, water, or other utility". Session Laws 2007-546, s. 3.1(c), effective August 31, 2007, added subdivision (10). Session Laws 2009-446, s. 1(f), effective August 7, 2009, substituted "Commerce" for "Administration" in subdivision (2a). Session Laws 2013-360, s. 15.22(o), effective July 1, 2013, substituted "Environment and Natural Resources" for "Commerce" in subdivision (2a). Session Laws 2015-241, s. 14.30(u), effective July 1, 2015, substituted "Department of Environmental Quality" for "Department of Environment and Natural Resources" in subdivision (2a).