SECTION 6.2. Definitions

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Bank--The state infrastructure bank account in the state highway fund.

(2) Commission--The Texas Transportation Commission.

(3) Construction--A term as defined by Title 23, United States Code, §101, and which includes preliminary studies required to determine the feasibility of an eligible project.

(4) Department--The Texas Department of Transportation.

(5) Design manual--The latest editions of and successors to all design manuals available from the department, including the:

(A) Roadway Design Manual;

(B) Environmental Affairs Division Operations and Procedures Manual;

(C) Pavement Design Manual;

(D) Bridge Design Manual;

(E) Bridge Project Development Manual;

(F) Bridge Geotechnical Manual;

(G) Hydraulic Design Manual;

(H) Texas Manual on Uniform Traffic Control Devices;

(I) Project Development Process Manual;

(J) Standard Highway Sign Designs for Texas; and

(K) Traffic Control Standard Sheets booklet of the traffic operations division.

(6) Environmental Permits, Issues, and Commitments (EPIC)--Any permit, issue, coordination, commitment, or mitigation obtained to satisfy social, economic, or environmental impacts of a project, including sole source aquifer coordination, wetland permits, stormwater permits, traffic noise abatement, threatened or endangered species coordination, archeological permits, and any mitigation or other commitment associated with any of those issues.

(7) Interoperability--The ability of transponders used or to be used by an applicant to be read and properly processed by the transponder technology used by the department and other governmental and private entities operating toll facilities in this state, and the ability of the transponder technology used or to be used by an applicant to read and properly process information transmitted by transponders used by the department and other governmental and private entities operating toll facilities in this state.

(8) Executive director--The executive director of the Texas Department of Transportation, or his or her designee.

(9) Expected financing period--The time taken to fully pay any and all liabilities incurred to finance an eligible project, including any period during which payments are deferred and all extensions of time through refunding or restructuring.

(10) Federal Act--Section 350 of the National Highway System Designation Act of 1995 (Public Law Number 104-59) and all rules and regulations adopted under the Act.

(11) Federal-aid highway--A term as defined in Title 23, United States Code, §101.

(12) Financial assistance--A term which may include, as applicable:

(A) extending credit by direct loan;

(B) providing credit enhancements;

(C) serving as a capital reserve for bond or debt instrument funding;

(D) subsidizing interest rates;

(E) insuring the issuance of a letter of credit or credit instrument;

(F) financing a purchase or lease agreement in connection with a transit project;

(G) providing security for bonds and other debt instruments; or

(H) providing methods of leveraging money that have been approved by the United States Secretary of Transportation and which relate to the project for which the assistance is provided.

(13) Investment grade rating--Creditworthiness sufficient to qualify a debt as eligible for commercial bank investment under regulations issued by the Comptroller of the Currency. For bonds, these debts are limited to ratings of "AAA," "AA," "A," and "BBB" by Standard and Poor's Rating Services or corresponding ratings used by other rating services.

(14) Metropolitan planning organization (MPO)--An organization designated in certain urbanized areas to carry out the transportation planning process as required by Title 23, United States Code, §134.

(15) Secondary Funds--A term which includes:

(A) the repayment, with funds other than federal funds, of a loan, including interest, principal, fees, or charges, or other assistance that is provided with money deposited to the credit of the bank; and

(B) the investment income generated by secondary funds deposited to the credit of the bank.

(16) State Act--Transportation Code, Chapter 222, Subchapter D, §222.071 et.seq., relating to a State Infrastructure Bank.

(17) Transit project--Capital expenditures eligible for funding under Title 49, United States Code, §§5307, 5309, and 5311.

Source Note: The provisions of this §6.2 adopted to be effective January 8, 1998, 23 TexReg 151; amended to be effective January 5, 2006, 30 TexReg 8990; amended to be effective October 21, 2010, 35 TexReg 9361; amended to be effective June 21, 2012, 37 TexReg 4433