NC Register Volume 19 Issue 06 - Office of Administrative Hearings

APPROVED RULESterm of the loan with periodic paymentsremaining unchanged;(15) "State Energy Office," the State EnergyOffice, N. C. Department of Administration;(16) "Technical Analysis ("TA")", a report thatidentifies and analyzes cost-effective capitalenergy conservation improvements that theapplicant wishes to implement. The TechnicalAnalysis need address only the specific energyconservation measures for which the loan isbeing requested. Each energy conservationmeasure analyzed shall be the subject of asingle recommendation incorporating technicaland economic analyses of the measure,considering building, process and equipmentcharacteristics and energy use patternspertinent to the improvement. The TechnicalAnalysis must include the estimated cost of theimplementation, a construction schedule, andexpected energy savings;(17) "Technical analyst," a person with experiencein energy conservation to conduct technicalanalysis for the purposes of this article;(18) "Third Party Technical Analyst", a technicalanalysis performed by an agency or someonewho has neither financial interest in thecommercial business, non-profit institution,local government institution, or industrialbusiness nor in the sale and installation of anyproposed energy conservation measure;however, the Technical Analyst is permitted toprovide construction management services toan approved applicant;(19) "Unallowable costs," costs associated withTechnical Analysis preparation, costsassociated with pre-application conference,costs incurred prior to execution date of Letterof Intent, costs associated with loanapplication (i.e., consultation fees, TechnicalAnalysis modifications); and(20) "Up front cost," the prepaid charge, if any, at arate to be determined by the DOA FiscalDepartment sufficient to cover the costs ofadministering and servicing the program.History Note: Authority G.S. 143-345.18(b)(2a);143-345.18(b)(3);Eff. September 1, 2004.01 NCAC 41C .0201 ELIGIBILITYThe following classes of applicants are eligible to apply forloans:(1) A local government organization, nonprofitorganization, commercial or industrialbusiness located in North Carolina that ownsthe existing building or site of plannedconstruction where the energy conservationmeasures will be made, or which has a lease ormanagement agreement for such proposedbuilding site or building extending beyond theterm of the loan; provided, however, thatwhere the owner of the building authorizes theapproved energy conservation measures, thelease or management agreement need notextend beyond the term of the loan.(2) A Nonprofit organization, commercial orindustrial business relocating to NorthCarolina that owns the site of plannedconstruction where the energy conservationmeasures will be made, or which has a lease ormanagement agreement for such proposedbuilding or building site extending beyond theterm of the loan; provided, however, thatwhere the owner of the building or buildingsite authorizes the approved energyconservation measures, the lease ormanagement agreement need not extendbeyond the term of the loan.History Note: Authority G.S. 143-345.18(b)(2a);143-345.18(b)(3);Eff. September 1, 2004.01 NCAC 41C .0202 CRITERIA FOR ENERGYCONSERVATION LOANSEnergy conservation projects for which the loans are desiredmust meet the following criteria:(1) The building site where the measures are to beinstalled must be in North Carolina;(2) The project must demonstrate the ability toconserve energy through efficient energy useor the utilization of renewable energyresources which results in energy savingsbased upon a net reduction in the use ofnonrenewable resources;(3) A maximum total loan indebtedness of fivehundred thousand dollars ($500,000) for asingle local government organization,nonprofit organizations, commercial businessor industrial business at any given time;(4) The project must utilize commerciallyavailable technologies.(5) Experimental or research-related technologiesare not eligible for funding;(6) Each energy conservation measure shalladdress energy efficiency;(7) The installation of the energy conservationmeasure may, at the discretion of theapplicant, commence after DOA Fiscal Officeissues the Letter of Intent; however, theapplicant places itself at risk and is remindedthat origination of the Loan is subject to theconditions and limitations of the Program;(8) The energy conservation measure mustdemonstrate a simple payback period of 10years or less;19:06 NORTH CAROLINA REGISTER September 15, 2004633