Section 8-1778.01 - DefinitionsFor the purposes of this chapter, the term:
(1) "Administrator" means: (A) The District agency or instrumentality designated by the Mayor to administer the Energy Efficiency Loan program authorized by subchapter III of this chapter; or(B) The person or entity retained pursuant to the authority granted in § 8-1778.45 to administer the Energy Efficiency Loan program authorized by subchapter III of this chapter.(2) "Authorized Delegate" means: (A) The City Administrator;(B) The Chief Financial Officer;(C) The District of Columbia Treasurer;(D) The Deputy Mayor for Planning and Economic Development;(E) Any officer or employee of the Executive Office of the Mayor to whom the Mayor has delegated any of the Mayor's functions under this chapter pursuant to § 1-204.22(6) and who has been designated as an Authorized Delegate for purposes of this chapter; or(F) An officer or employee of the office of the Chief Financial Officer to whom the Chief Financial Officer has delegated a function of the Chief Financial Officer under this chapter pursuant to § 1-204.24 d, and who has been designated as an Authorized Delegate for purposes of this chapter.(3) "Bond Counsel" means a firm or firms of attorneys designated as bond counsel from time to time by the Mayor.(4) "Bonds" means the District of Columbia revenue bonds, notes, or other obligations (including refunding bonds, notes, and other obligations), in one or more series, authorized to be issued pursuant to this chapter.(5) "Certification Standard" means a certification or accreditation standard for building energy retrofit installation, such as those provided by the Building Performance Institute, the Residential Energy Services Network, or a nationally recognized program approved by the United States Department of Energy or the Mayor.(6) "Chief Financial Officer" means the Chief Financial Officer of the District of Columbia.(7) "Closing Documents" means all documents and agreements, other than Financing Documents, that may be necessary and appropriate to issue, sell, and deliver the bonds, and includes agreements, certificates, letters, opinions, forms, receipts, and other similar instruments.(8) "Debt Service" means payment of principal, premium, if any, and interest on the bonds.(9) "Energy Efficiency Audit" means a formal evaluation by a certified contractor of the energy consumption of a residential, commercial, or other building for the purpose of identifying methods of improving energy efficiency and reducing energy waste.(10) "Energy Efficiency Improvement" means an installation or modification that is designed to reduce energy or water utility costs of residential, commercial, or other building types. The term "Energy Efficiency Improvement" includes: (A) Insulation in walls, roofs, floors, and foundations and in heating and cooling distribution systems;(B) Storm windows and doors, multiglazed windows and doors, heat-absorbing or heat-reflecting glazed and coated window and door systems, additional glazing, reductions in glass area, and other window and door system modifications that reduce energy consumption;(C) Automatic energy control systems;(D) Heating, ventilating, or air conditioning and distribution system modifications or replacement in buildings or central plants;(E) Caulking or weather-stripping;(F) Replacement or modifications of lighting fixtures to increase the energy efficiency of the system without increasing the overall illumination of a building unless the increase in illumination is necessary to conform to the applicable building code for the proposed lighting system;(G) Energy recovery systems;(I) Renewable energy systems; and(J) Any other modification, installation, retrofit, or remodeling approved as an electric, gas, water, or stormwater utility cost-savings measure by the administrator.(11) "Energy Efficiency Loan" means a loan to a property owner for the purpose of installing one of more Energy Efficiency Improvements.(11A) "Energy Efficiency Loan Agreement" means a loan or other agreement to make, document, or implement an Energy Efficiency Loan entered into pursuant to § 8-1778.41(c).(12) "Financing Documents" means the documents, other than Closing Documents, that relate to the financing or refinancing of transactions to be effected through the issuance, sale, and delivery of the bonds, including any required collection agreement, offering document, and any required supplements to any such documents.(13) "Home Rule Act" means Chapter 2 of Title 1 [§ 1-201.01 et seq.].(14) "Indenture" means the trust indentures, including a master trust indenture and any supplemental trust indenture, pursuant to which one or more series of the bonds are issued.(14A) "Issuance Costs" means: (A) Fees, costs, charges, or expenses paid or incurred in connection with the authorization, preparation, printing, issuance, sale, and delivery of an applicable series of bonds and the making of energy efficiency loans contemplated with the issuance, including program fees and administrative fees charged by the District;(B) Underwriting, legal, accounting, rating agency, and other financing fees, costs, and expenses;(C) Fees paid to financial institutions and insurance companies;(D) Letter of credit fees;(E) Compensation to financial advisors and other persons except full-time employees of the District and entities performing services on behalf of or as agents for the District; and(F) Other fees, costs, charges, and expenses incurred in connection with the development and implementation of the financing documents, the closing documents, and other documents necessary or appropriate in connection with the authorization, preparation, printing, issuance, sale, marketing, and delivery of each applicable series of bonds and the making of energy efficiency loans.(14B) "Private Lending Institution" means a non-government business organization that makes an Energy Efficiency Loan and is approved by the Mayor to participate in the Energy Efficiency Loan program pursuant to §§ 8-1778.31 and 8-1778.48.(15) "Property owner" means an owner of real property in the District.(16) "Qualified Apprenticeship Program" means an apprenticeship program registered with the District of Columbia Apprenticeship Council.(17) "Quality Assurance Program" means a program that establishes energy benchmarks, monitors and verifies the quality of Energy Efficiency Improvements, and measures actual energy savings.(18) "Special Assessment" means the special assessment authorized by subchapter IX of Chapter 8 of Title 47 [§ 47-895.31 et seq.].(19) "Trustee" means the trustee under the indenture.May 27, 2010, D.C. Law 18-183, § 101, 57 DCR 3406; Apr. 20, 2013, D.C. Law 19-262, § 102(a), 60 DCR 1300; Aug. 22, 2018, D.C. Law 22-155, § 605(b)(1), 65 DCR 7159.