The following words and terms, when used in this chapter, shall
have the following meanings, unless the context clearly indicates
(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
(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,
(A) extending credit by direct loan;
(B) providing credit enhancements;
(C) serving as a capital reserve for bond or debt instrument
(D) subsidizing interest rates;
(E) insuring the issuance of a letter of credit or
(F) financing a purchase or lease agreement in connection
with a transit project;
(G) providing security for bonds and other debt instruments;
(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