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HomeMy WebLinkAboutREFAC Meeting minutes and documents 1-17-2013Renewable Energy Fund Advisory Committee Meeting Minutes Page 1 of 7 June 17, 2013 Renewable Energy Fund Advisory Committee Meeting June 17, 2013 Alaska Energy Authority Board Room Anchorage, Alaska 10:01 am to 1:01 pm DRAFT MINUTES i. Call to Order The Renewable Energy Fund Advisory Committee (REFAC) convened at/10:01 a.m with Chairman Rose presiding. 2. Roll Call Committee Members AEA Staff Other Participants Chairman Chris Rose Sean Skaling Representative Paul Seaton Jodi Mitchell Shawn Calfa (phone) Representative Bryce David Lockard Wyn Menefree, DNR Edgmon (phone) Alan Baldivieso Trey Atkinson, SEAPA Brad Reeve Doug Ott Al Roskam, Alaska Pellet Senator Anna Fairclough Josh Craft Supply Senator Lyman Hoffman Devany Plentovich Sandy Burd, Senator (phone) HelemTraylor Hoffman's Office Patrick Johnson Jeff Turner, Representative Yolandayinga Millett's Office Chris,Gobah Sunny Morrison, ATD MariuszSawicki Meghan Cavanaugh, Sara Fisher-Goad Representative Josephson's Office 3. Committee Members Changes Chairman Rose recognized Vince Beltrami, who was the Chairman for the last four-and-a-half years and is sorry to see him go. Chairman Rose welcomed Kathie Wasserman, who is the new representative from the Denali Commission. She is not present today. 4. Public Comments There were no public comments. 5. Agenda Comments The agenda is approved as presented. Renewable Energy Funu advisory Committee Meeting Minutes Page 2 of 7 June 17, 2013 6. Approval of Meeting Minutes - April 4, 2013 Ms. Mitchell requested the approval of the meeting minutes from April 4, 2013 be moved to a later point in the meeting because she has not reviewed them yet. Chairman Rose stated the approval of the meeting minutes will be moved to after the break. 2S Evaluation Process Review Mr. Skaling gave a historical review of the process AEA uses to evaluateyapplications. He included updated pieces of information in the packet. Senator Hoffman requested a breakdown of the areas that are entitled to thelaw by high energy cost, what they have received for the last 4.5 years and what is proposed. Mr.)Skaling stated he will address that in his presentation and asked Senator Hoffmamto ask the question again if it is not answered adequately. Chairman Rose asked if there was any plan to have economist,Mr. Szymoniak complete more of the review process and if ISER would remain on Contract in the future. Mr. Skaling stated Mr. Szymoniak will be used more in the future as the process is more streamlined inhouse, but ISER will continue to provide information. Chairman Rose asked Mr. Skaling to explain what it means for ISER to provide quality assurance reviews. Mr. Skaling stated they want to make sure all the economists are on a level playing field and using the same criteria and model. Mr. Skaling explained the scoring for Stage Two technical and economic evaluation with a minimum score of about 30 points.to proceed to Stagé’Three, which is the ranking. Mr. Skaling stated the answer to Senator,Hoffman's question has to do with the highest weighting score is the cost of energy in the community, which ranks as 35% of the total weight. Senator Hoffman commented at least 51% of funding should go to high energy areas of the state. He said that effort has failed miserably.” Chairman Rose wanted everybody, to understand, particularly the new members of the Committee, the project*feasibility score from Stage Two is weighted currently at 20%. He stated there is‘atug of war between the feasibility of the project and the statutory criteria of high cost of energy. Chairman Rose commented this underscores the need for making sure the applicant does not get out of StageéTwo, unless they are technically and economically feasible. Senator Hoffman commented high energy costs have to be the number one priority. Chairman Rose agreed. Mry Skaling believes most of the funding has gone to the high cost energy areas. Senator Hoffman differs with that opinion and requested Mr. Skaling provide the heat analysis he is referring to. Mr. Skaling stated he would provide the information. Chairman Rose asked Mr. Reeve if the technical assistance staff are providing outreach to high cost energy communities. Mr. Reeve stated this issue relates to regional planning. He said the Northwest Arctic Borough has an energy coordinator that is working to try to filter through projects, but believes there needs to be other forms of resources like project managers or other engineering companies brought in as well. Chairman Rose asked Mr. Skaling if that is Renewable Energy Fund Advisory Committee Meeting Minutes Page 3 of 7 June 17, 2013 happening internally at AEA. Mr. Skaling stated this is taking multiple forms, including technical assistance providers, program managers, community meetings and regional planning. He believes there is more that can be done. Senator Fairclough asked Mr. Skaling to provide the definition of a high cost energy community. Mr. Skaling stated a definition is currently being proposed, which would use the median weighted electrical cost of 20 cents per kWh as the dividing point. Anything above 20 cents is high and anything below 20 cents is low. Senator Hoffman believes the 20 cents median should be higher so the program money goes to the communities who are hurting. the most. He suggested looking at Kotzebue, Dillingham, Barrow and Bethel to see what they are,paying and above that is where the cutoff should be. Senator Hoffman believes by lowering the limit, it is allowing Mat-Su and Southeast into the program. He stated thisyprogram»is for the high cost energy communities, who are struggling to make a living with $10 a gallon for fuel. Senator Fairclough stated the projects need to be cost effective and)supports Senator Hoffman in making priority investments in rural Alaska. She stated Fairbanks\is on the Railbelt and is experiencing high cost energy. She notes the focus of the program is forhigh cost of energy and moving to 50% renewable energy. Chairman Rose asked Mr. Skaling if there is a highenergy cost definition for heat. Mr. Skaling stated on page 10 of 27 of the working draft shows the table with high energy cost of heat. If an area does not have natural gas, they are considered a high heat energy cost area. Ms. Mitchell commented the larger populations,can sustain and support debt service and the smaller communities cannot. She stated the smaller communities lose their economic feasibility because of borrowing too much. She believes.the focus needs to be on the smaller communities. Chairman Rose requested, Mr. Skaling to, explain the difference between how a community would be scored if;they were)20 cents and 60 cents. Senator Hoffman commented communities who are paying20 cents shouldn't be eligible. He stated there is a village that pays $1.17 and the people that afe really hurting should be addressed. Mr. Skaling stated out of a score of 10, Nenana received a scoré of 2.8 at 22-cent power and Pedro Bay received a score of 10 at 91-cent power. ‘Those numbers are then weighted as 35% of the total score. Senator Faircloughjasked Mr. Skaling to explain what is happening inside the application process and why staffiS making these weighted recommendations. Mr. Skaling stated the only part that has changed is modernizing the cost line based on what the current costs are. Chairman Rose suggested not ‘calling the above 20-cent energy areas high cost energy areas, because it is confusing to say a 20-cent area is high cost, when the high energy cost areas are the areas Senator Hoffman is talking about, which are 50, 60, 70 cents. Mr. Reeve commented it might be appropriate to have another judging criteria based on the ability to finance and the size of the community, which could relate to a greater need of the program. Chairman Rose asked Mr. Skaling if the ability to finance is considered in Stage Two of the economic feasibility. Mr. Skaling stated matching funds is currently considered. Senator Fairclough asked Mr. Skaling what is being considered to ensure communities who do utilize Renewable Energy Fund Advisory Committee Meeting Minutes Page 4 of 7 June 17, 2013 this program are able to maintain the invested assets. Mr. Skaling stated the RFA and grant document has language that requires the grantee to maintain and operate the facility for its entire economic life. Senator Hoffman asked how these proposed application criteria are lowering the cost of energy in rural Alaska, which is the thrust of the bill. Senator Hoffman stated the primary issue is how to get rural Alaska to 20-cent energy. The secondary issue is sustainability. Mr. Reeve requested an update at some point on regional energy planning andycurrent projects. Senator Fairclough asked Senator Hoffman if the state has not been investing enough so that the high cost energy communities can qualify or if the communities\are not\ready to submit an application. She asked if the high cost energy communities are applying and not succeeding or if they are not even applying. Senator Hoffman stated it is probably both. He said Eek, Alaska does not know what is available and they don't have the capacity to'submit an application. Ms. Fisher-Goad stated there has been the effort¢to help communities be able to prepare applications. The two positions that were provided fomFY 13 have been filled. They have been working with communities and regional planning to ensuresthey can operate and maintain the projects that go in. Ms. Fisher-Goad stated/this is one way AEA is addressing the high cost of energy. She said there are other programs including the,powerhouse, the distribution system and the bulk fuel tank farms which are part of a portfolio of projects to address the issue. Ms. Fisher- Goad stated she is happy to work with Senator Hoffman and specific communities with respect to additional assistance they needyand what AEA can proyide. Senator Hoffman stated he would like 20-cent.power statewide. Ms. Fisher-Goad stated that was one of the recognitions of the Power Cost Equalization Program, which does provide less than 20-cent per Kwh for a portion of the Kw that are sold in a community. Mr. Reeve commented that heat is still a,problem. )Ms. Fisher-Goad stated they want to address heat differently and want to continue to emphasize heat, especially in the areas that have high cost of diesel heating fuel. Senatot Hoffman appreciates all the work Ms. Fisher-Goad has done. He stated the Committee members)have a lot more work to be done regarding the high cost of heat energy in villages\who are hurting,the most and is not concerned about regional balance. Chairman Rose stated regional,balance is inthe statute and has to be addressed. Chairman Rosé requested a color-coded graph be developed which shows where the funding has gone based on the cost of energy in the communities. Ms. Fisher-Goad stated the information is available and the.graph can be provided. Senator Hoffman suggested a delay on finalizing this scoring criteria recommendation until the next meeting, because of serious concerns the intent of the law is not being followed. He would like to continue to look at this process, without holding up the issuance of the applications. 8. Review Draft Round 7 RFA and Application Forms Renewable Energy Fund Advisory Committee Meeting Minutes Page 5 of 7 June 17, 2013 Mr. Skaling stated there is only going to be one request form for either of the two application forms. The applicant will request a heat application or an application for anything other than heat, such as electricity or a transmission project. The heat applications and all other applications will be reviewed separately and will have separate recommendation lists to the Legislature. Mr. Reeve suggested the information from Item #5 be reported in terms of BTUs saved, as opposed to the variable cost of heat. Mr. Skaling stated REFAC recommended changing the data requirement from 5 years to 10 years. He stated there has been a good discussion and debate on whether to make that change, how that change would be made and what level of information is required.)Senator Fairclough wants 10 years' worth of data collection included in these application changes. \Ms. Fisher-Goad stated AEA wants to make sure the acquisition of the data is not burdensome for the projects and the information is relevant. Mr. Skaling said getting 10 years' worth’of data\is included in the current applications. Chairman Rose recommended having a separate work session to determine what data points to collect and who will analyze the data collection. 9. Discussion Points from Previous Meeting 9.a. Funding Resource Assessments for Emerging Tech Chairman Rose suggested to staffto make it clear to proposers in the next application period that they can apply for money to.do resource assessments for emerging technology like river hydrokinetics, tidal and wave power. They will have to go back to the EETF to actually fund a pilot project. Senator Fairclough asked, if the funding for resource assessments for emerging technologies would help or hinder Senator Hoffman's communities by reducing the availability of funds. Mr. Skaling thinks it could.do both, depending on the situation. Senator Fairclough asked if there is consideration of parameters of how much money will be invested in the assessments. Mr. Skaling stated.on page 10 of,27 in the Request for Application Draft, under Eligibility of Resource Assessments for Emerging Energy Technologies, it outlines the process and recommendations. There is a recommendation of a maximum target of 4% of the fund for any given year for these assessments. Senator Fairclough suggested modifying the language to include the words’"may award from 0 to 4%," so there is not an expectation of automatic approval. The will of the Committee is to include the section and change the title to Eligibility of Resource Assessments for Wave, Tidal and In-River Hydrokinetic Systems in the Request for Application Draft with the modifications discussed. Mr. Reeve asked if there is a way to get a global resource assessment of all of the areas that are available. Chairman Rose stated the resource assessment is specific to a particular area and not Renewable Energy Fund Advisory Committee Meeting Minutes Page 6 of 7 June 17, 2013 for the whole state. The resource assessments would be discreet and tie in with a potential EETF pilot project. 9.b. Excluding Heat Recovery as Eligible Project Chairman Rose stated this issue is about what the Committee and AEA wants to emphasize. He believes the heat recovery projects are some of the best projects that have been funded, but should be funded from another source of money because they are not renewable energy projects, even though they are eligible projects under the statute. Ms. Mitchell believes heat recovery projects should remain eligible until there is another source of funding available. Chairman Rose posed the question of why the state doesn't have its.own funding mechanism to have a heat recovery project for every single diesel system in theState. He doesnot believe the money should be coming from the Renewable Energy Fund. He requested a conerete, discussion on the issue. 9.c. Requiring Project Performance Standards Chairman Rose stated he wanted to keep this issue on the agenda and it could either be called project performance or project design and it;ties intothe data collection discussion. He recommended that a minimum requirement of design criteria should eventually be part of the application in order to target the technologies that are really working. Chairman Rose wants to brainstorm on how to incentivize project performance. 10. Committee Member Comments Mr. Reeve stated havinga workshop is a. good idea to discuss these issues. MOTION: Senator Fairclough moved to approve the meeting minutes from April 4, 2013, Renewable Energy Fund Advisory Committee meeting. Seconded by Ms. Mitchell. The minutes were approved as amended. Senator‘EFairclough stated it is a privilege to be part of this Committee and will ask questions without embarrassment of not knowing. She believes in a process that should have all opinions on the table. Senator Fairclough stated she joins Senator Hoffman in wanting to make sure rural Alaska has theopportunity to have lower cost energy, while still having some regional consideration to funds. She said the state's financing ability is being restricted and if there are not other opportunities for the people of Alaska, the funding will continue to stay tight. Ms. Mitchell stated she is appreciative of the program and have done a good job of policing the grants. She said she is proud of what has been done. Chairman Rose thanked staff for all of the work and preparation for the meeting and for making the July 1st deadline for the application. 11. Next Meeting Date Renewable Energy Fund Advisory Committee Meeting Minutes Page 7 of 7 June 17, 2013 The next meeting was suggested to be within a few months and held as a workshop with the Alaska Center for Energy and Power to provide ideas on how best to acquire data. Chairman Rose will contact members to determine the best date for the next meeting. 12. Adjournment The meeting was adjourned at 1:01 p.m. [= ALASKA @@m™m™> ENERGY AUTHORITY RENEWABLE ENERGY FUND ADVISORY COMMITTEE MEETING Alaska Energy Authority 813 W. Northern Lights Blvd. Anchorage, Alaska June 17, 2013 10:00 - 1:00 pm DRAFT AGENDA 1. Call to Order Rose 2. Roll Call (Committee Members, Staff, Public, Phone) 3. Committee Member Changes Rose 4. Public Comments (limit of 2 minutes) 5. Agenda Comments (changes/additions/deletions) 6. Approval of Meeting Minutes — April 4, 2013 7. Evaluation Process Review Skaling 8. Review Draft Round 7 RFA and Application Forms Skaling 9. Discussion Points from Previous Meeting Rose a. Funding Resource Assessments for Emerging Tech b. Excluding Heat Recovery as Eligible Project c. Requiring project performance standards 10. Next Meeting Date Rose 11. Adjournment Rose 813 West Northern Lights Boulevard Anchorage, Alaska 99503 T 907.771.3000 Toll Free (Alaska Only) 888.300.8534 F 907.771.3044 Renewable Energy Fund Advisory Committee Meeting April 4, 2012 Centennial Hall Juneau, Alaska DRAFT MINUTES is Call to Order The Renewable Energy Fund Advisory Committee (REFAC) convened at 11:32 a.m., with Chairman Vince Beltrami presiding. 2. Roll Call Committee Members: Chair Vince Beltrami; Chris Rose; Jodi Mitchell; Brad Reeve; Jim Posey; Representative Bryce Edgmon; Representative Charisse Millett; Senator Anna Fairclough (arrived 12:15 pm); and Senator Lyman Hoffman (arrived 12:10 pm). AEA Staff: Sean Skaling; Sara Fisher-Goad; Shawn Calfa; Nick Szymoniak; Gene Therriault; Josh Craft; Chris Gobah; Doug Ott; Alan Baldivieso; Rich Stromberg; Jed Drolet; Cady Lister; Devany Plentovich; Helen Traylor; and Teri Webster. Public: Gwen Holdmann, UAF; Wyn Menefree, Dept. Natural Resources; Clinton White, STG. Inc; Adam Berg, Rep. Edgmon office; Sandy Burd, Sen. Hoffman office; Robert Venables, SE Conference; Brian Bjorkquist, Dept. of Law; and Brian Hirsch, National Renewable Energy Laboratory. 3. Welcome New Committee Members Chairman Beltrami welcomed Representative Millett and Representative Edgmon. 4. Agenda Comments The agenda is approved as presented. Chairman Beltrami requested Vice Chair Rose become Chairman of the REFAC Committee beginning the next meeting. There was no objection. Mr. Posey suggested Chairman Beltrami be appointed Chairman Emeritus. Chairman Beltrami stated he intends to step down as Chairman. There were no objections and Mr. Rose accepted the position. 4. Public Comments Mr. White stated he works for STG Incorporated which primarily constructs energy infrastructure and have built 40% of the projects that have been constructed through the RE Fund Renewable Energy Fund Advisory Committee Meeting Minutes Page 2 of 7 April 4, 2012 program. Mr. White fully supports the work and the projects that have been made possible through the program providing real and tangible benefits to many communities. Mr. White stated the reimbursement process does not work well with the way projects are implemented in rural Alaska and causes impacts on grant recipients and would provide specific examples at the request of the Committee. Mr. White stated the procurement policies at AEA are seeping into this program threatening private industry. He believes improvements need to be considered for the state to get all of the benefits they can from this program. Mr. White suggested the potential solution of expanding the applicant classes within the program to private investors. Mr. Posey asked Mr. White what the difference is between private investors and independent power producers (IPPs). Mr. White stated he doesn't see a difference. Mr. White commented his proposed solution would circumvent the reimbursement process and take advantage of depreciation benefits and production tax credits on the federal level that most grant applicants cannot take advantage of as a public entity. Mr. Posey asked Mr. White to clarify how his proposed solution would be different than the current allowance of applications by IPPs. Mr. White stated the solution was developed in consideration of rural Alaska and provides a way to leverage the grant funding to buy a facility. Mr. Posey asked if Mr. White is suggesting to build a facility first and then apply for a grant. Mr. White stated the application would be on the front side and the investor would know the grant money will be available at the end of the period as long as they build and produce per the application. Mr. Posey asked Mr. White for further clarification of his proposed solution and how it is different than the current process. Mr. White gave an example of a private investor and a local utility partnered together to submit an application to the program and the project was awarded. Instead of the money being made available to reimburse project expenses directly, as is done currently, that money would be awarded, but not distributed. It would be held in trust. The private investor would use their own money to pay for the facility to be constructed. The facility comes online and begins supplying electricity to the local utility. The local utility pays the private investor for the energy supplied by that project and the private investor owns it for a period of five to seven years. During that time, the private investor has cash flow benefits of depreciation and production tax credits which helps them earn their return on the project. Once those benefits are exhausted, the state would evaluate the project to see if it met the application's requirements. If all the targets were met, the money in the trust would be released to the investor to fully earn the return. The ownership of the facility would then go to the local utility. Mr. White stated the money the state would have to provide for this model to work would be significantly less than the current reimbursement basis because the investor earns the majority of his return through the combination of the sale of the energy, depreciation and tax credits. Mr. Posey stated this proposed solution is similar to an offer made to CIRI on Fire Island a long time ago. He stated it deserves consideration and review by staff. Renewable Energy Fund Advisory Committee Meeting Minutes Page 3 of 7 April 4, 2012 Vice Chairman Rose asked Mr. White to explain what happens if the federal tax benefits change. Mr. White believes the investor would have to bear that risk. Representative Edgmon asked for clarification what would need to happen for a proposal like this to go forward. Chairman Beltrami asked Mr. White if he has shared his detailed proposal with AEA staff. Mr. White stated he has shared it with some staff members and some members of the Committee. He will be happy to provide it to all who want it. Ms. Fisher-Goad stated she will provide an analysis to the Committee of what would need to happen to accommodate this proposal and look at the pros, cons and risks. Mr. Reeve stated it is a very complicated issue and he wants to ensure the benefits are realized by the community. 6. Approval of Meeting Minutes - January 8, 2013 MOTION: Vice Chairman Rose moved to approve the meeting minutes from January 8, 2013, Renewable Energy Fund Advisory Committee meeting. Seconded by Mr. Posey. The minutes were approved as presented. 7. RE Fund Program Update & Performance Briefing Mr. Skaling reviewed the performance of the Rural Energy Fund Round 6. Mr. Posey asked Mr. Skaling how much of the $52 million recommendation is the continuation of prefunded projects. Mr. Skaling stated 18 of the 23 projects in the top $25 million are in the construction category or in the design and construction category. Mr. Skaling stated they wouldn't generally get to design or construction without a previous phase and presumed the entire 18 had a previous phase. Mr. Posey suggested this data is important to get a higher score for the budget year consideration. Vice Chairman Rose requested knowing what percentage of the projects are coming from a previous round. Mr. Skaling stated he would provide that follow-up analysis. Vice Chairman Rose requested for future yearly Status Reports to include in Table 1 the number of projects completed to give a sense of relative progress. He requested Table 1 include total expenditures to get a sense of what the leverage of the state money has been. Mr. Skaling stated some of that information is at the bottom of Table 1, including cash distributed, match provided, and other known funding. Mr. Posey commented, for the benefit of the two new members, this has been deemed as the best program in the Unites States and the world of its type. Vice Chairman Rose stated Vermont Energy Investment Corporation did a process review and an impact review and offered to examine those with the new members. Renewable Energy Fund Advisory Committee Meeting Minutes Page 4 of 7 April 4, 2012 8. Suggested Changes for Round 7 Mr. Skaling gave a presentation on the suggested changes for Round 7 and provided a three-page list entitled Alaska Energy Authority Recommended Changes to Renewable Energy Fund Round 7 Request for Applications. Mr. Reeve commented the proposed information for recommended change #5 “Heat Cost of Energy” will be very valuable for the evaluation process. He asked Mr. Skaling to explain how the information will be collected. Mr. Skaling proposed that the applicant provide the information through evidence of their most recent bills. Senator Fairclough requested Mr. Skaling take into consideration the state's contribution on power cost equalization (PCE) or subsidies when calculating the benefit and total cost. Mr. Skaling stated the list provided in the past is the residential rate before PCE is applied. Vice Chairman Rose commented there is no baseline information regarding the number of gallons of heating oil used per month because there is no requirement from vendors to provide this information. He commented any information gathered from the recommended change #5 would be helpful for baseline energy efficiency efforts. Senator Fairclough stated there is a consumer protection issue that has been raised regarding the vendors supplying their price information and would let their competition know their price. She has been told it creates an unfair business practice to mandate those numbers. Senator Hoffman stated the number of gallons used in a community should be available information. Mr. Posey supports getting the cost information directly from the applicant. Representative Edgmon requested factoring in the fuel cost savings of weatherization and home energy rebate programs. Mr. Posey asked to consider what the penetration has been on the weatherization and home energy rebate programs in particular communities. He stated we need to concentrate on heat conservation. Vice Chairman Rose believes it is important to have some information about a community's energy efficiency efforts on the heating projects to help determine scoring on projects. Representative Millett stated not every community has a weatherization program and is concerned it would not be a level playing field. She recommended amending the proposed change to ensure those communities are not negatively affected. Vice Chairman Rose stated if two exact projects are being compared on the scoring, it would be nice to know which communities have really made an effort toward energy efficiency. He suggested the efficiency requirement only applied if it was a public building that did have access to the public building retrofit fund. Mr. Reeve agreed with Representative Millett's comments because Kotzebue is on a two-year waiting list for an energy rater and it is difficult to get the service. Mr. Posey stated he had a rater in two weeks and suggested to be cognizant of the difference between urban and rural areas. Senator Hoffman commented it is important to get the information. He stated the use of the information is a separate issue. Renewable Energy Fund Advisory Committee Meeting Minutes Page 5 of 7 April 4, 2012 Ms. Fisher-Goad believes addressing the energy efficiency component is very important. She stated the process is a grant recommendation program. She suggested there be a special note or special consideration with respect to the recommendation given to the Legislature for applicants who are not meeting an efficiency standard. This will give an opportunity to address the efficiency issue at the same time the recommendation is being reviewed. Ms. Mitchell asked how AEA can help communities make decisions on heating solutions. Ms. Fisher-Goad stated AEA needs to know when issues arise because technical assistance and expertise has been funded and is available to help with applications. The goal is to get the best applications possible and the best projects. Ms. Mitchell encouraged Kake to call AEA and hopes there is outreach. Ms. Plentovich stated AEA has met with the Kake schools and have done a fair amount of outreach and they are still focusing on propane, but they are continuing to work on it. Mr. Hirsch stated there are some other details regarding LNG which are adding to the factors in the decision making in Kake, but did not want to get off subject. Vice Chairman Rose recommends AEA has to consider how this grant program could disincentivize the use of the revolving loan program for energy retrofits through Alaska Housing Finance Corporation (AHFC). Mr. Skaling stated the AHFC program is for energy efficiency and that is reflected in the recommended change #8, “Efficiency Requirement”. Ms. Mitchell suggested giving more credit to a resolution of support from a body, like the local Tribe, native corporation or the city than from an individual. Mr. Posey commented on the recommended change #13 “Matching Funds”. He stated some communities don't have a basic credit system and their only source of matching income is from federal and state support. He wants to ensure there is no penalty for the size or location of the community. Mr. Skaling stated the total amount of match would be excluded from the scoring. He believes it is following the essence of Mr. Posey's comments. Mr. Reeve requested Mr. Skaling consider other ways to count matching that a small community could utilize. Senator Hoffman requested Mr. Skaling promote recommended changes that would utilize the provision in the program that requires giving additional credence to those applicants who live in the highest energy areas of the state. Chairman Beltrami asked Mr. Skaling to explain what the requirements are for reporting data and what happens if projects aren't able to report data. Mr. Skaling stated the current requirement is that gross monthly data be gathered. He stated most projects are able to comply with this requirement, but there is an opportunity for more information to be gathered for continued learning. Chairman Beltrami asked Mr. Skaling if the numbers are understated because of any projects who are not reporting. Mr. Skaling stated there are three projects that have not reported and the reasons are included on the performance table in the Notes section. Renewable Energy Fund Advisory Committee Meeting Minutes Page 6 of 7 April 4, 2012 Representative Edgmon asked Mr. Skaling to explain the standard deviation of the current numbers regarding recommended change #9 “Data Collection”. Mr. Skaling stated the variable would be in the net generation reporting and would be within a range of a couple of points. Vice Chairman Rose fully supports revised change #9 and suggests requiring data reporting for even longer than five years. Mr. Skaling stated they could include data plans which would be included in the grants to state the data points and frequency of reporting. Senator Fairclough and Mr. Posey agreed the data reporting requirement should be longer than five years. Mr. Posey recommended a ten-year term. Vice Chairman Rose suggested the wording be amended from the recommended change #9 of "possibly offer ‘black box' data" to a stronger wording providing more certainty of data collection with standard equipment. He asked about the possibility of having a budget in the grant proposal for data collection because it is an important upfront cost. Senator Fairclough and Mr. Posey agreed funding could be budgeted for the cost of reporting. Ms. Mitchell agreed and stated it would have to be obvious in the grant application. Senator Fairclough asked Mr. Skaling to explain how ongoing maintenance costs are considered in the grant application process. She also asked if the application process ensures there is the expertise available to make any repairs should they occur. Mr. Skaling stated the application requires ownership and maintenance throughout the lifetime. Senator Fairclough asked if an applicant is required to contribute to a fund during the build-out phase so there are reserves to pay for the operating costs. Mr. Skaling stated a utility is required to ensure proper operation in the future. Ms. Fisher-Goad stated there is no requirement for money to be set aside for the operation and maintenance, but it is a Regulatory Commission of Alaska question regarding management capability and the plan to continue to operate and maintain the project. She stated projects can receive additional technical assistance through AEA's traditional rural infrastructure programs. MOTION: Mr. Posey moved to implement the suggested changes for Round 7. Seconded by Mr. Reeves. The suggested changes were approved. Senator Fairclough suggested funding, through some program, a person to go to different communities in a region to help support particular types of projects. Vice Chairman Rose believes Seward has a good program that could work in conjunction with Senator Fairclough's idea. Mr. Rose gave ideas regarding changes to the program. e The idea he suggested was to have a separate Request for Applications (RFA) for technology, including wind or biomass heating, with particular specifications required in the application. He believes this would push project innovation. e Mr. Rose stated he is in favor of looking at the feasibility studies separately from the design and construction projects. e He suggested the timing of the recommendations be given before the Governor's budget is released, which would require sending out the RFAs right after the legislative session ends. Renewable Energy Fund Advisory Committee Meeting Minutes Page 7 of 7 April 4, 2012 e Mr. Rose suggested considering heat recovery projects and renewable energy projects differently. e His last suggestion was to allow resource assessment for tidal, wave and river hydrokinetics to be funded out of the Renewable Energy Fund and then if there is a resource found under that money, the project can go back to the Emerging Energy Technology Fund (EETF) and apply to actually pilot the technology. He recommended the state have separate funds going to reconnaissance on renewable energy resources. Senator Hoffman stated the Governor negotiated an upper limit on the programs. Senator Hoffman believes there is broad support in the Legislature for the program, but does not know how to address an adequate level of funding for the programs. Mr. Posey believes the penetration of the programs should be 20% to 30%. He suggested discussing Mr. Rose's recommendations as an agenda item for the next meeting. He recommends having a joint meeting with EETF. Mr. Rose asked the Committee if it is acceptable to fund reconnaissance for a river hydrokinetic, tidal and wave power out of the Renewable Energy Fund. Mr. Posey does not believe it is appropriate to do that now with the current amount of funding available. He believes that is a long-term discussion. Mr. Rose believes the statute is clear and stated the projects would still fall in the 80/20 rule where the program doesn't want to spend more than 20% in any year on reconnaissance and feasibility studies. He stated if there are good reconnaissance project applicants for a tidal or river hydrokinetic, then they get funded. Mr. Rose believes there is a gap between the REFAC and EETF programs regarding reconnaissance and feasibility study funding for river hydrokinetic and tidal power. Mr. Posey suggested that be a topic during the joint meeting. Mr. Skaling suggested the joint meeting happen before July Ist. 9. Next Meeting Date The next meeting was suggested to be scheduled for the latter part of May 2013. Mr. Skaling will contact members regarding the final date. 10. Adjournment The meeting was adjourned at 1:21 p.m. [= ALASKA Renewable Energy Fund <<WORKING DRAFT>> IMPORTANT NOTICE Requests for Grant Applications (RFA) AEA13-006 for Renewable Energy Grant Program (ROUND VII) RFA ISSUE DATE: July 1, 2013 APPLICATION DUE DATE: October 1, 2013, 5:00 pm Two Applications: For this Round of the Renewable Energy Grant Fund and Recommendation Program (“Renewable Energy Fund”), the Alaska Energy Authority (“AEA” or “Authority”) is requesting applications for two different categories of renewable energy projects: 1) projects with a primary purpose of producing heat, and 2) all other eligible projects, as defined in section 1.5 of this document. The project eligibility requirements have not changed from prior years. Please note that there are two different application forms for the two project categories. Both applications may be found at the Authority’s website at www.akenergyauthority.org. Register to Receive Notification: Interested applicants that want to be notified of updates or changes to the Renewable Energy Fund Request for Applications must follow the directions below; otherwise, we will be unable to notify applicants of possible addenda to this RFA. To receive email notices regarding the Renewable Energy Fund Grant Program, click on the link to the State of Alaska List Server (http://list.state.ak.us/); scroll down until you find “Renewable.energy.fund.grants”; click ‘Join’ and follow the instructions. Public Records Notice to Applicants: e Alaska Energy Authority is subject to the Public Records Act, AS 40.25 and materials submitted to the Authority may be subject to disclosure requirements under the act if no statutory exemptions apply. e In accordance with 3 AAC 107.630 (b) applicants may request certain information be kept confidential subject to review and approval by the Authority. e All applications and information received will be posted on the Authority web site after final recommendations are made to the legislature. Return Completed Applications to: Grant Manager: Shawn Calfa Alaska Energy Authority 813 West Northern Lights Blvd. Anchorage, AK 99503 Phone: (907) 771-3031 E-mail: scalfa@aidea.org Deadline: lications must be received at the Alaska Energy Authority office by 5:00PM on Tuesday, October 1, 2013. Faxed and emailed applications will not be accepted. Per Section 1.7 of this RFA, applicants are reminded to submit one hard copy and one electronic copy of each application. Past Applicants: The Alaska Energy Authority encourages applicants who were recommended but not funded in previous rounds to resubmit updated applications for reconsideration in the current round. If you have any questions regarding resubmittal of your previous application please contact the Authority’s Grant Administrator listed above. AEA 13-006 Page 1 of 27 6/11/13 1. Introduction and Instructions 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 1.26 1.27 1.28 2. Project Requirements 2.1 2.2 2.3 2.4 2.5 2.6 3. Grant Requirements 3.1. 3.2. 3.3. 3.4. 3.5. 3.6. 3.7. 3.8. 3.9 3.10. 3.11. 3.12. 3.13. AEA 13-006 Page 2 of 27 Table of Contents Purpose......... Introduction Government Roles and Responsibilities Eligible Applicants... Eligible Projects Public Benefit Filing an Applicatio: Application Deadline... RFA Project Web Site... Questions about the RF. Modifications of the RFA RFA Schedule.. Grant Regulations Grant Funding Program Targets Grant Funding Project Limits Grantee Reimbursement Pre-Award Obligations and Reimbursement Applicant Match Application Preparation Costs Application Content Requirements... Authorized Signature Applicant's Certification Correction, Modification or Withdrawal of Applications Review of Applications - General Public Notice and Recommendations to the Legislature Notice of Intent to Award a Grant . Grant AgreeMent......ccsrsecseseeseees Failure to Procee&® ......s.seseesen Project Management Requirements Project Phase Descriptions Phase I- Reconnaissance Requirements Phase II Feasibility Analysis, Conceptual Design Requirements. Phase III Final Design and Permitting Requirements - Phase IV Project Requirements — CONStructiOn .......sssssssssessesseseensenesnsenenseneenteneeneeneeneeneen Declaration of Public Benefit (Ref 3 AAC 107.605) Grantee Project Manager Approval to Proceed With Next Phase Contracts for Engineering Services... Site Control Exclusion of Existing Environmental Hazards. Environmental Standards Current Prevailing Rates of Wage and Employment Preference. Construction Plans and Specifications Review... Construction Contractor Bonding Post Construction Certification. Ownership of Facilities 3.14. | Operation and Maintenance of Facilities 3.15. Performance/Operation and Maintenance (O&M) Reporting 3.16. Tariffs & Rates for Use of Grant-Funded Assets eee 3.17. Grant-Funded Assets Not Included it PCE ....sscsssssssssssssssssssssssssssssscsnsssssssssssssnssnscsnssssssnssonsens 4. Application Evaluation Process Stage 1 Review: Completeness and Eligibility. Stage 2 Review: Project Feasibility and Benefits Stage 3 Review - Evaluation of Individual Application Stage 4 Review: Final Ranking Recommendations 5. Appendices Application Forms (Heat Applications, Standard Applications)... AEA 13-006 Page 3 of 27 6/11/13 4 Introduction and Instructions 11 Purpose Pursuant to Chapter 31 Session Laws of Alaska 2008 and as amended by Chapter 12 Session Laws of Alaska 2012 (referred to below as the program legislation), which establishes and amends the renewable energy grant recommendation program in Alaska Statute AS 42.45.045, the Alaska Energy Authority (“AEA” or “Authority”) is soliciting competitive applications from qualified applicants for the purpose of recommending grants for renewable energy projects to be funded by the Alaska State Legislature. Applications will be accepted and evaluated in accordance with AS 42.45.045, 3 AAC107.600 — 695 and this Request for Applications (RFA). ye Introduction This RFA sets out the purpose, instructions, requirements, evaluative criteria, and other information on submitting an application to the Authority for recommendation for grant funding. This RFA is organized as follows: Section 1: Introduction and Instructions — describes program and procedural requirements for preparing and submitting an application. Section 2: Project Requirements — describes project information that is required to be discussed in each application. Section 3: Grant Requirements - describes specific grant terms and conditions related to this program. Section 4: Application Evaluation Process and Criteria — describes the criteria that will be used to evaluate and rank each application. Section 5: Appendices - provides additional reference material to assist in application preparation, application forms, grant documents, and applicable law. Accompanying this RFA are Application Forms and Instructions to use in preparing your application for a Renewable Energy Fund Grant. 1.3 Government Roles and Responsibilities The Alaska Legislature established the Renewable Energy Grant Fund and the associated Renewable Energy Grant Recommendation Program in Chapter 31 SLA 2008, which the legislature enacted in 2008. This bill included a new statute, AS 42.45.045, outlining the program and giving the Alaska Energy Authority responsibility for administering the program. The legislature is responsible for final approval and funding of all grant projects, with the Governor's approval. The Authority is a public corporation of the State of Alaska with the purpose to promote, develop, and advance the general prosperity and economic welfare of the people of the State by providing a means of financing and operating power projects and by carrying out the powers and duties assigned to it. AS _42.45.045 gives AEA the authority to solicit applications for projects, develop and implement regulations, and recommend grants for renewable energy projects to the legislature. The Authority has adopted regulations under 3 AAC107.600 — 695 for the purpose of implementing this program. These regulations are available at AEA’s web site: www.akenergyauthority.org. AEA 13-006 Page 4 of 27 6/11/13 The AEA Grant Manager is responsible for accepting applications, coordinating any communications with grantees, and posting any changes or clarifications to the application process. AEA’s Deputy Director of Alternative Energy and Energy Efficiency is responsible for coordinating the evaluation of all applications, and developing the lists of grant projects to be recommended to the Legislature. The Authority consults with the Renewable Energy Fund Advisory Committee in establishing the final ranking of recommended applications. An AEA Project Manager will be assigned to assist each grantee whose application is selected for grant funding. Tasks and level of the Authority project management will vary according to the project management plan developed under the grant agreement. At a minimum, the AEA Project Manager will clarify grant requirements, review reports and billings, and track progress of the grant project. Applicants may self-manage the awarded project or request that AEA manage the project. The Executive Director of AEA or their designee will approve the final grant and carry out all other duties as defined in statutes, regulations, and this RFA. 1.4 Eligible Applicants To be eligible for a grant recommendation the applicant must demonstrate formal approval and endorsement of its project by its governing authority (such as board of directors or executive management if it does not have a governing board) and be one of the following types of entities: 1. An electric utility holding a certificate of public convenience and necessity under AS 42.05; 2. An independent power producer as defined under 3 AAC 107.695 (a) (1); "independent power producer" means a corporation, person, agency, authority, or other legal entity or instrumentality, that is not an electric utility and that owns or operates a facility for the generation or production of energy entirely for use by the residents of one or more municipalities or unincorporated communities recognized by the Department. of Commerce, Community, and Economic Development for community revenue sharing under AS 29.60.850 - 29.60.879 and 3 AAC 180. 3. A local government; or 4. A governmental entity (which includes tribal councils and housing authorities). In accordance with 3 AAC 107.610 an applicant must also be able to demonstrate that they will take ownership of the project; own, lease, or otherwise control the site upon which the project is located; and upon completion of the project operate and maintain it for its economic life for the benefit of the public. Applications whose applicants do not meet these requirements will be rejected without further evaluation. 1.5 Eligible Projects The Authority may recommend grants for feasibility studies, reconnaissance studies, energy resource monitoring, and/or work related to the design and construction of an eligible project. Applications for projects that are not within the scope of eligible projects will be rejected without further evaluation To be eligible for a grant recommendation the applicant’s project must: 1.5.1. Be a new project not in operation on August 20, 2008 or an addition to an existing project made after August 20, 2008. AEA 13-006 Page 5 of 27 6/11/13 and 1.5.2 Bea project that generates energy from or involves the direct use of: wind, solar, geothermal, waste heat recovery, hydrothermal, wave, tidal, river in- stream, hydropower; or low-emission nontoxic biomass based on solid or liquid organic fuels from wood, forest and field residues, or animal or fish products; or dedicated energy crops available on a renewable basis; or landfill gas and digester gas. “Direct use of energy” means that it either uses renewable energy to generate energy or to make fuel used to generate energy. (3 AAC 107.615) Or Or Or be a facility that generates electricity from fuel cells that use hydrogen from renewable energy resources or natural gas. be a natural gas project (other than landfill or digester gas) that benefits a community that: e has a population of 10,000 or less; and e does not have economically viable renewable energy resources that it can develop. be a transmission or distribution infrastructure located in Alaska that links an eligible renewable energy project or eligible natural gas project to other transmission or distribution infrastructures. For electrical projects, distribution from the grid to end users is not an eligible use. (An applicant requesting a grant for transmission or distribution infrastructure is not required to be involved in the financing or construction of the renewable energy project or natural gas project it may be connecting.) For waste heat recovery systems, if the waste heat is currently being wasted, then the project is eligible. However, Renewable Energy Fund grant funds will be allocated only to the portions of existing fossil fuel systems that are required for the capture and distribution of heat. As mentioned on page 1 of this document, two application forms are available this year. One for heat projects, one for all other projects. Heat projects are those with a primary purpose to produce thermal energy via renewable energy source. These include but are not limited to: biomass or biofuels for heat generation; geothermal for heat; geothermal heat pumps; wind to heat; hydro to heat; heat recovery; and solar thermal. Applicants proposing heat projects as defined above should complete the heat project application form. All other projects should complete the standard application form. If the proposed project generates heat and electricity, the applicant should complete the standard application form. AEA 13-006 Page 6 of 27 6/11/13 1.6 Public Benefit In accordance with 3 AAC 107.605, an application for a grant from the Renewable Energy Fund has to be for the greatest public benefit. Therefore, an independent power producer must provide power based on a cost-based rate, rather than an avoided-cost rate. During the economic evaluation and scoring of applications, only the economic benefits to the public, direct and/or indirect will be included in the benefit/cost analysis. For example, if 50 percent of the energy produced is for the purpose of private industry, that portion of the energy will not count as a public benefit in the economic evaluation. Acz, Filing an Application Applicants must submit one (1) hard copy of their complete application, double sided preferred, including appendices that can be duplicated, and one (1) electronic version on an electronic storage device (i.e. CD or jump drive) in PDF or other word searchable electronic format in a sealed envelope(s) clearly labeled: From: Applicants Return Address To: Alaska Energy Authority AEA 13-006 Renewable Energy Grant Application 813 West Northern Lights Blvd Anchorage, AK 99503 Phone: 907-771-3000 1.8 Application Deadline All applications must be received by the Authority no later than 5:00 pm October 1, 2013. The Applicant is solely responsible for complete and timely submission of its application. The Authority accepts no responsibility for submission of applications or for applications that are received after the application deadline, whether because they were misdirected, delayed, erroneously addressed, or for any other reason. Failure to meet the deadline will result in the application being rejected. 1.9 RFA Project Web Site The Alaska Energy Authority web site at: www.akenergyauthority.org/RE_Fund-7.html has been set up to make information available to the public regarding the program. The site contains the following Round VII information and documents: The RFA Application and Grant forms A summary of relevant questions received regarding the RFA and responses Clarifications and addenda to the RFA A list of all applications received upon completion of the review process Status of applications received (upon completion of the review and ranking process) PDF versions of all applications received (upon completion of the review and ranking process). Applicants are reminded that all information submitted with an application will be posted to the web; unless it is determined to be confidential. Resumes that are submitted as separate electronic files will not be posted to the web. Please submit electronic copies of resumes in a separate electronic file from the application. AEA 13-006 Page 7 of 27 6/11/13 1.10 Questions about the RFA Applicants should carefully review all documents and the Authority web site prior to contacting the Grant Manager with questions. Any questions regarding the RFA or grant documents should be directed to: Grant Administrator: Shawn Calfa Alaska Energy Authority 813 West Northern Lights Blvd Anchorage, AK 99503 Phone: (907) 771-3031 Fax: (907) 771-3942 E-mail: scalfa@aidea.org Questions that require clarification or interpretation of this RFA that the applicant cannot answer by careful review of the RFA should be submitted in writing (letter or e-mail) no later than 10 business days before the September 24, 2013 application due date. The Grant Manager may contact the applicant directly by phone or e-mail to respond to non- material questions. The Grant Manager will post the answer to material questions on the Project website. Technical and Grant Assistance Technical and grant assistance is available on a time-available basis to any potential applicants. AEA encourages potential applicants to contact AEA’s grant manager listed above if technical assistance or grant application assistance is needed. The Grant Manager will direct applicants to the correct project manager or technical assistance provider. 1.11 Modifications of the RFA Applicants may submit written requests for modifications to this RFA to the Grant Manager no later than September 10, 2013. Please be advised that the Authority cannot modify requirements of Statutes AS 42.45.045 or regulations 3 AAC107.600 — 695 as it relates to the solicitation. : Acceptance or denial of the request is solely at the discretion of the Authority. Failure of the Grant Manager to issue a written modification within 10 days from submittal of request shall be considered a denial of the request. Modifications to this request for applications may be issued at any time prior to the deadline for receipt of applications at the Authority’s option. If modifications are issued within 10 days of the deadline for applications, the application deadline may be extended to allow time for applicants to respond to any changes. All modifications to this RFA will be in writing and posted to the program web site at www.akenergyauthority.org and the Authority will provide e-mail notice to those registered as described on the cover page of this RFA. 1.12 RFA Schedule Below is a schedule of critical dates related to this request and award of grants. Actual dates after_the application due date are tentative and may vary depending on the number of applications received, the complexity of applications, and timely completion of review by the Legislature. AEA 13-006 Page 8 of 27 6/11/13 Task Target Dates Application Due Date 10/1/2013 Complete Evaluation of Applications 1/15/2014 AEA Submit Recommendations to Legislature 1/24/2014 Projects Approved for Funding by Legislature 4/20/2014 and Signed by Governor 6/1/2014 Finalize Award Documents (Contingent upon 7/1/2014 to the Authority receiving all documentation 7/30/14 needed for award) Actual award dates may vary depending on timing of legislative approval and any modifications that may be required to the grantee’s proposal prior to grant award. 1.13 Grant Regulations Grant regulations, 3 AAC107.600 — 695, effective 10/16/2009, have been developed and are available for review at: www.akenergyauthority.org 1.14 Grant Funding Program Targets A grant resulting from this RFA is subject to legislative appropriation. The program legislation indicates that the legislature intends to provide $50 million per year from State fiscal year 2009 through 2023 for Renewable Energy Projects under this program. The actual amounts available for the program and for any particular grant are subject to legislative appropriation. Through FY 2013, the Legislature has authorized over $202 million in grants that are being awarded as a result of the Authority's past Requests for Applications. The Authority must receive approval from the legislature prior to award of any grant. AEA has established funding allocation targets by project phase as indicated below as goals in its selection of projects to recommend. The targets are preliminary and subject to adjustment based on the available funding and the type, number, and quality of projects submitted. Target Allocation — Project Phase Percentage of Grant Funds Recommended Reconnaissance Study Feasibility/Conceptual Design or 20% Energy Resource Monitoring Final Design and Permitting Construction 80% Heat Project Goal Additionally, and new in Round VII, AEA has established a target allocation for heat projects at 30 percent of the total funding recommendation. This percentage is only a target and may be exceeded or not met depending upon the availability of funds, the quality and number of projects proposed. AEA will recommend two prioritized lists of projects to the legislature, one from the group of heat applications and one from the group of standard application. This new target indicates AEA’s and the Renewable Energy Fund Advisory Committee’s interest in recent years to fund more heating projects. Heating represents 70 to 80 percent of non-transportation energy use in Alaska, while only approximately 10 percent of the Renewable Energy Fund grants have supported heat projects in rounds | through VI. AEA 13-006 Page 9 of 27 6/11/13 Eligibility of Resource Assessments for Emerging Energy Technologies Resource assessments that support the development of emerging energy technologies is an eligible project type, so long as other eligibility criteria are met in sections 1.4 and 1.5. While these projects may score lower in the Renewable Energy Fund evaluation process, AEA recognizes the need and value to these assessments, which are not eligible under the Emerging Energy Technology Fund. Projects of this type will be scored using the same criteria as any other renewable energy project. If a resource assessment application demonstrates its need and value to developing emerging technologies, AEA may make a recommendation to the legislature to fund one or more of these projects even if it does not rank as highly as other projects. AEA does not anticipate recommending more than 4 percent of the total grant budget to resource assessments for emerging energy technologies. To gain a recommendation higher than the REF evaluation score, an applicant must demonstrate a high degree of importance of the proposed resource assessment, as compared with other potential resource assessment locations, and demonstrate the need for a resource assessment for the proposed emerging technology, and evidence that the emerging energy technology shows potential for economic deployments in Alaska in the future. Demonstration projects of emerging energy technologies should apply for funding under the Emerging Energy Technology Fund until that technology is proven prior to seeking project funding through the Renewable Energy Fund. 1.15 Grant Funding Project Limits In addition to the above program targets, the Authority intends to impose limits on the amount of funds that will be available for individual grant projects. The purpose of these limits is to be able to fund more projects statewide and encourage financial participation on the part of the grant applicants. Applicants should take these limits into account when preparing their application as it is expected that the grantee will be responsible for any project costs beyond the grant funds available to complete the project. Phase Grant Limits by Location Low Energy Cost Areas High Energy Cost Areas (see list) (see list) Phase |, Reconnaissance The per-project total of Phase | and Il is limited to 20% of Phase Il, anticipated construction cost (Phase IV), not to exceed Feasibility and Design $2M. Phase Ill, 20% of anticipated construction cost (Phase IV), and Final Design and counting against the total construction grant limit below. Permitting Phase IV, $4M per project, including | $8M per project, including Construction final design and permitting | final design and permitting (Phase Ill) costs, above. (Phase Ill) costs, above. Exceptions Biofuel projects Biofuel projects where the Applicant does not intend to generate electricity or heat for sale to the public are limited to reconnaissance and feasibility phases only at the limits expressed above. Biofuel is a solid, liquid or gaseous fuel produced from biomass. Geothermal projects The per-project total of Phase | and II for geothermal projects is limited to 20% of anticipated construction costs (Phase IV), not to exceed $4M. Any amount above the usual $2M spent on these two phases combined shall reduce the total Phase III and IV grant limit by the same amount, thereby keeping the same total grant dollar cap as AEA 13-006 Page 10 of 27 6/11/13 all other projects. This exception recognizes the typically increased cost of the feasibility stage due to test well drilling. For a given project, the limits are cumulative by project phase; including all prior rounds of funding from the Renewable Energy Fund, and are subject to adjustment based on the available funding and the type, number, and quality of projects submitted. 1.16 Grantee Reimbursement Reimbursement to grantees under this program is on a cost reimbursable basis. In accordance with the terms of the grant, a grantee is required to submit requests for reimbursements that document commitment, expenditures, and demonstrate meeting milestones identified in the grant. The milestones, with a proposed reimbursement schedule, should be identified in the applicant's proposal. The final reimbursement schedule is subject to negotiation and will be incorporated into the final grant agreement. The Authority may authorize a percentage of grant funds as an advance payment at the startup of the Grant; however, the grantee is still obligated to document all expenditures of grant and matching funds including any advance payment in subsequent requests for reimbursement. The Authority will withhold a percentage of the total grant subject to completion of the project and submission of final reports and other documentation that may be required by the grant. 1.17 Pre-Award Obligations and Reimbursement If a potential grantee anticipates award of a grant the grantee may proceed with work on projects prior to fully executed grant award provided: e They do so at their own risk as there is no guarantee projects will be funded or funded at the level requested in their application. e They must have sufficient funds from sources other than this program to meet their project commitments prior to grant award. e The grantee documents all pre-award expenditures including matching fund commitments and when requesting reimbursement for pre-award expenses follows the reimbursement requests requirements in the grant document. e No work performed or obligations incurred prior to will be considered for reimbursement. 1.18 Applicant Match When reviewing applications the Authority will favorably consider applications that commit the applicant to provide matching funds to complete the project. Applicants should identify the amount and source of matching funds or other resources (collectively referred to as “match’) the applicant will contribute to the project based on the total proposed grant project budget. In order for funds to be considered as match, the amount and source of funds must be verified to the Authority. Verification may be accomplished by submitting a resolution from the applicant’s board or assembly that clearly recognizes the obligation of providing matching funds. AEA 13-006 Page 11 of 27 6/11/13 Failure to provide this verification will result in no points being awarded for proposed matching funds during the scoring of the application. The proposed matching funds for this project cannot have been used to match a previous grant request. If matching funds or in-kind contributions are proposed, the applicant will be required in the grant award to document the match contribution in their reimbursement requests. If labor or equipment costs are to be presented as matching costs, the proposed rates for the labor or equipment must be approved by the Authority. Previous Renewable Energy Fund grants will not be counted as matching funds. Applicants should note that if matching funds are pledged and budgeted in the grant agreement; but later not provided during the grant project, the grant amount will be reduced accordingly. See the budget form instructions and clarification for matching requirements. 1.19 Application Preparation Costs The Authority shall not pay for any costs incurred by the applicants to prepare and submit their application. No costs incurred by the applicants in preparation of their application may be charged as an expense of performing the Grant. The only reimbursable costs will be those allowed in the grant agreement signed by the Authority. 1.20 Application Content Requirements The application must address all the information required as noted in Section 2 for the type of project proposed. Applicants should download and complete the Microsoft Word application, cost worksheet, budget, and authorized signers forms provided from the Round VII web site at www.akenergyauthority.org Below is a list of document names and their purpose: 1.21. Authorized Signature Applications must be signed by an individual authorized to bind the Applicant to its provisions and to make the commitments of the application. 1.22 Applicant's Certification By signature on their application, Applicants certify that they are complying and will comply with: 1) the laws of the State of Alaska; 2) the applicable portion of the Federal Civil Rights Act of 1964; 3) the Equal Employment Opportunity Act, the Americans With Disability Act (ADA) and the regulations issued there under by the federal government; 4) all terms and conditions set out in this RFA; and 5) the amount of matching funds being offered. AEA 13-006 Page 12 of 27 6/11/13 1.23 Correction, Modification or Withdrawal of Applications An application may be corrected, modified or withdrawn by providing a written request from an authorized representative of the Applicant to the grant manager before the time and date set for receipt of the applications. After applications are opened, modifications may be allowed prior to completion of the evaluation process if the Authority determines that it is in the best interest of the program to allow modifications. Applicants who may be recommended for grant awards may be requested to clarify, modify, or correct their application prior to recommendations being sent to the legislature or prior to award of a grant if the Authority determines that it is in the best interest of the program. Applicants who fail to respond to requests for clarifications, modifications, or corrections within the period specified in the request may have their application rejected or removed from the list of recommended projects. 1.24 Review of Applications - General Applications will be reviewed in four stages by Authority and Department of Natural Resources staff, and consultants. Stage 1 —- Completeness and Eligibility Review (3 AAC 107.635) Stage 2 — Technical and Financial Feasibility Review (3 AAC 107.645) Stage 3 — Evaluation of Individual Applications (3 AAC 107.655) Stage 4 — Regional and Final Ranking Recommendations (3 AAC 107.660) The review and evaluation criteria for each stage are listed in Section 4. Applications that do not comply with AS. 42.45.045, 3 AAC 107.600-695, and all of the material and substantial terms, conditions, and requirements of this RFA may be rejected. If an application is rejected the applicant will be notified in writing that its application has been rejected and the basis for rejection. The Authority may waive minor requirements of the RFA that do not result in a material change in the requirements of the RFA and do not give an applicant an unfair competitive advantage. At any stage in the review process, the Authority may request clarifying information and the applicant will have a specified amount of time to respond to the request for information. Failure to respond timely or provide adequate information will result in the application being rejected. If information is sufficient and any minimum scores are met, the application will advance to the next stage of review. 1.25 Public Notice and Recommendations to the Legislature Upon completion of Stage 4 of the review process, the Authority will forward to the legislature a summary of all applications received, their status, the technical score and the final rank of all applications. The Authority will also post on its web site the applications, a brief summary of each project, and the final ranking and disposition of all applications. The total cost of all recommended projects may be for more or less total dollars than the current funding authorized by the Legislature. Applicants may be required to provide additional information to the legislature upon request. AEA 13-006 Page 13 of 27 6/11/13 1.26 Notice of Intent to Award a Grant Upon approval of funding by the legislature for Round VII grants and signing of the budget authorization by the Governor, the Authority will notify successful applicants of their award. Grantees whose authorizations are less than what was requested or whose scope, schedule, or budget may have changed from when their application was originally submitted will be required to update their application to assure the grant is consistent with the funding available. 1.27 Grant Agreement Applicants whose projects are selected for grant funding will be required to sign a Grant Agreement prepared by the Authority that contain the terms and conditions in the Grant form included as an appendix to this document. The Authority may modify its standard form grant agreement if necessary for this program or for particular projects. 1.28 Failure to Proceed If an Applicant is unable to respond and indicate acceptance of the Grant Agreement within 30 days of receipt of the Grant Agreement or provide an update to its project as may be required; then the offer of the grant may be withdrawn by the Authority. Available grant funds may be offered to another eligible grant applicant subject to availability of funds and consistent with legislative intent. If the Authority and a grantee are unable to complete a grant agreement within one year of the original Notice of Intent to Award a grant, the Authority may suspend negotiations, rescind the grant offer and return the allocated grant funds to the Renewable Energy Fund. [3 AAC 107.670(b)] 2: Project Requirements An application under the RFA should describe the Applicant's renewable energy project in one or more phases as described in this section and include sufficient information to allow for the evaluation and ranking of the application. The depth of information needed with the application will vary depending on the type and complexity of the project, the number of phases for which grant funding may be requested, the amount of state funds requested, and the estimated total project costs. All applicants are required to have a project management plan they intend to follow that includes who is going to manage the project, how it is going to be managed, a schedule with milestones, and how project risks will be mitigated. The level of detail in the plan will vary depending on the project phase(s), amount of funds requested, and complexity of the project. 2.1 Project Management Requirements The Applicant is responsible for implementing and executing a plan for managing the project so that the project is completed within the scope, schedule and budget proposed in the application. Project Management Project Manager The Applicant must designate a project manager(s) responsible for managing the project for the Grantee. This may be: e Anemployee of the Grantee e Aconsultant e Or other partners committed to the project. For Example Native corporations, other utilities, IPPs, or government entities. AEA 13-006 Page 14 of 27 6/11/13 e If not known, the grantee should indicate how they intend to acquire project managers. Project Schedule Schedule for the proposed work that will be funded by this grant. Project Milestones Identifies key tasks and decision points in the project schedule. Project management milestone charts and descriptions of major project decision points are encouraged Project Resources Identifies what people, equipment, or services will be used to accomplish the project. Includes any commitments the grantee may have or reference any existing contracts or the selection process that may be used for major equipment purchases or contracts. Project Identifies how the grantee will monitor the project and keep the Authority Communications informed of the status. Project Risk Identifies potential problems and how they will be addressed. 2.2 Project Phase Descriptions The application should describe the project proposed for grant funding by phase in order to demonstrate a likelihood that the project will be successfully completed and will provide substantial public benefits. Applicants who have completed a project phase will be required to document successfully completing the phase with a positive public benefit for the project prior to the Authority releasing funds for a following phase. Each type of technology may have issues or tasks that are specific to that technology that will need to be addressed in addition to the issues or tasks identified in each phase. Project phases or major project tasks that should be addressed in the applicant’s project description are as follows: Phase | A preliminary feasibility study designed to ascertain Reconnaissance whether a feasibility study is warranted. Phase II -Feasibility Analysis, Detailed evaluation intended to assess_ technical, Resource Assessment, economic, financial, and operational viability and to Conceptual Design narrow focus of final design and construction. Phase III — Final Design and Project configuration and specifications that guide Permitting construction. Land use and resource permits and leases required for construction. Phase IV — Completion of project construction and beginning of Construction, Commissioning, operations. It also includes follow-up O&M reporting Operation, and Reporting requirements. Included after each phase described here are a list of possible milestones to assist with the preparation of an application. 2.3 Phase I- Reconnaissance Requirements The purpose of a Reconnaissance Study is to determine whether further study is warranted. A study is required to consider and address the information and tasks below. Phase | - Reconnaissance Proposed Energy General description of the extent and amount of the renewable resource Resource Existing Energy For rural power systems and/or facility heating systems System e Basic configuration (number, size, and type of gensets and boilers; efficiency; operating hours) AEA 13-006 Page 15 of 27 6/11/13 Capital and replacement costs Annual O&M cost and schedule Annual fuel consumption and fuel price Load information (peak, minimum, average, and future trends) Plans for system upgrades For all systems Residential and commercial electrical service rates Avoided cost of energy Proposed System Design Description of renewable energy technology specific to project location Alternative system discussion Optimum installed capacity Annual generation Anticipated barriers Basic integration concept Proposed System Costs Total anticipated project cost for this phase Projected capital, O&M, and fuel costs Projected debt financing if applicable Project Benefits Annual fuel displacement and savings over the project life Annual revenue from energy sales, tax credits, green tags, and other incentives Discussion of non-monetary benefits Energy Purchase/Sale Identification of potential energy market Potential energy purchase and sales rates Land Ownership Landowner(s) identified and contacted Permits List of applicable permits Anticipated permitting timeline Potential regulatory barriers Environmental Complete environmental screening that addresses: Threatened and Endangered species and other habitat impacts Fisheries and wildlife protection Water and air quality impacts Wetland and protected areas Archaeological and historical resource impacts Land development constraints Telecommunications and aviation impacts Visual and aesthetic resource impacts Other environmental barriers Analysis and Recommendations Basic economic analysis of alternatives Recommendations for additional project development work Milestones for a Reconnaissance Project should include. . Project scoping and contractor solicitation completed . Resource identification and analysis completed . Land use, permitting, and environmental analysis completed . Cost of energy and market analysis . Simple economic analysis completed 1 2 3 4. Preliminary design and cost analysis completed 5 6 7 . Final report and recommendations completed Page 16 of 27 6/11/13 2.4 Phase II Feasibility Analysis, Conceptual Design Requirements Phase II Feasibility Analysis requires a detailed evaluation intended to further assess technical, economic, financial, and operational viability of a project and to narrow the focus of final design and construction. In addition to addressing all the requirements of Phase |, a feasibility analysis should address the information and tasks below. Proposed Energy Resource Phase Il —Feasibility Analysis, Conceptual Design Site-specific assessment of available energy resource following industry standards usually based on field measurements, discussions with resource owners, and other onsite activities. Examples of assessment activities include: Collection and analysis of meteorological tower data at proposed wind turbine locations Assessment of geological data from surface investigation and test wells for geothermal and natural gas projects Stream gauging and hydrological modeling for hydroelectric projects Analysis of wood and sawmill residue availability and delivered cost to biomass energy project locations Existing Energy e Annual load profile—power projects may require onsite System measurement e Load growth projections e Transmission system layout and capacity e Retirement schedule Proposed System e Identification and analysis of system alternatives Design e Recommended alternative including discussion of impacts on existing system e Assessment of project site, including geotechnical characteristics as necessary e Annual energy production profile e Conceptual system design ¢ Conceptual integration design e Identification of remaining technical barriers Project Costs e Conceptual level cost estimates for final design and construction e Annual O&M and fuel costs e Other project costs including leases, taxes, insurance, and financing Project Benefits Annual fuel displacement and savings over the project life Detailed analysis of revenue from energy sales, tax credits, green tags, and other incentives Discussion of non-monetary benefits Energy Purchase/Sale Preliminary energy purchase or sales agreement Land Ownership Assessment of site control requirements for proposed project Authorization from land owners for onsite feasibility activities Permits Obtain authorizations from all applicable agencies for any use of land or resources for feasibility activities Environmental Site-specific assessment of resources that may be significantly affected. Examples include fish and wildlife habitat assessment, visual impact modeling, and air quality assessment. Plan for addressing potential environmental impacts Analysis and Comprehensive economic and financial analyses of alternatives Page 17 of 27 Recommendations e Recommendations for project design and construction activities e Draft operational and business plan Milestones for a Feasibility Project should include. 1. Project scoping and contractor solicitation completed 2. Detailed resource assessment completed 3. Identification of land and regulatory issues 4. Permitting and environmental analysis completed 5. Detailed analysis of current cost of energy and future market completed 6. Assessment of alternatives 7. Conceptual design and costs estimate completed 8. Detailed economic and financial analyses completed 9. Conceptual business & operations plan completed 10. Final report and recommendations completed 2.5 Phase III Final Design and Permitting Requirements Building on information gathered in Phases | and II, applicants will be required to complete Phase Ill prior to construction. The purposes of Phase Ill are to establish the project configuration and specifications that will be used to guide construction, refine project costs estimates, finalize business plans, and obtain land use and resource authorizations required for construction. Work should address the information and tasks below. AEA 13-006 Page 18 of 27 6/11/13 Phase Ill -Final Design & Permitting Renewable Energy Resource Updated data to confirm that resource is still available Existing Energy System Final engineered and approved energy system configuration including upgrades Operational Plan Proposed System e Final engineered and approved system design Design e Final engineered and approved integration design e Interconnection study Project Cost e Final engineer’s estimate of project cost Project Benefits ¢ Detailed financial analysis based on chosen business structure and applicable costs, revenues, and incentives Power Purchase/Sale e Executed power purchase/sales agreement Land Ownership e Final land use authorizations obtained Permits e_Allnecessary permits obtained Environmental e Allenvironmental issues resolved Business & e Final operational and business plan, including financial and operational plans for end-of-life Milestones for a Design and Permitting Phase of a project should include. Project scoping and contractor solicitation completed Permit applications completed Final environmental assessment and mitigation plans completed Resolution of land use, right of way issues Final system design completed Final cost estimate completed Updated economic and financial analyses completed Power or heat sale agreements in place 1. 2 3 4. 5. Permitting, rights-of-way, site control completed 6 7 8 9. 1 0. Final business and operational plan completed 2.6 Phase IV Project Requirements — Construction The purpose of the construction phase is to construct and commission the project, begin operations, and provide follow-up reports on operations and maintenance for a specific period of time to document the programs impact on the community. Grantees are expected to cover all costs of operations and maintenance in compliance with their operational and business plans developed in Phase III. The construction phase will address the information and tasks below Renewable Energy Resource Phase IV —Construction, Commissioning, Operation, and Reporting Continuous monitoring to verify and update projections and system efficiency Existing Power System Coordination of conversion, integration, or surplus of existing system Proposed System Design Construction plan and schedule Commissioning plan and schedule Modifications to final design during construction Project Cost Actively track project costs against the project budget Propose budget modifications as needed Manage cost overruns Page 19 of 27 Environmental e Environmental monitoring as required Permitting e Reports as required by permitting agencies Analysis and e Update business plans and power purchase agreements as Recommendations needed to account for actual construction costs e Final project report including as-built specifications and drawings, final budget, schedule, and recommendations e Periodic operation and maintenance reports as required by grant including actual O&M, fuel, and equipment costs; O&M measures and schedule; energy output; project availability; conversion efficiency; renewable energy resource; and recommendations. The Authority will work with the grantee to implement this required reporting. End-of-life planning e Include end-of-useful-life plans in the business plan, including what activities are expected (replacement, refurbishment, retrofitting, decommissioning, etc.) and a financial plan to ensure that funds are available to implement the end-of-life plan. Milestones for a Construction project will include: Design and feasibility requirements completed Bid documents completed Vendor selected and award in place Construction — unique to each project Integration and testing Decommissioning of old system complete Final acceptance, commissioning and start-up complete Operations reporting 3. Grant Requirements | To receive renewable energy grants, applicants must comply with the following standard terms and conditions and the other terms and conditions in the Authority's standard grant document, reference Appendices; Standard Grant Template 6.pdf. If the grantee is a tribal entity, a waiver of sovereign immunity will be required as a condition of the grant. ONDA RWN > 3.1. Declaration of Public Benefit (Ref 3 AAC 107.605) The grantee acknowledges and agrees that the Project shall be constructed, owned and operated for the benefit of the general public and will not deny any person use and/or benefit of Project facilities due to race, religion, color, national origin, age, physical handicap, sex, marital status, changes in marital status, pregnancy or parenthood. 3.2. Grantee Project Manager For construction projects, the Grantee will contract or hire competent persons to manage all phases of the Project. Work at a minimum will include; management of Grantee’s labor for the project, engineering firms and consultants, procurement, management of construction contractors, selection of equipment, review of plans and specifications, on-site inspections and review and approval of work, and other duties to ensure that the completed work conforms with the requirements of the grant and the construction documents. If the Grantee fails to provide adequate project management the Authority may terminate the Grant or assume project management responsibilities with the concurrence of the Grantee. AEA 13-006 Page 20 of 27 6/11/13 Costs for a Grantee Project Manager must be reasonable to be considered an eligible grant expense. 3.3. Approval to Proceed With Next Phase A grant award may be for one or more phases of a project. The grantee must achieve substantial completion of work or of designated grant milestones and receive approval from the Authority prior to proceeding to the next phase of work. 3.4. Contracts for Engineering Services In the event the Grantee contracts for engineering services, the Grantee will require that the engineering firm certify that it is authorized to do business in the State of Alaska and provide proof of licensing and required professional liability insurance. Unless otherwise agreed by the Authority, the insurance required by this section shall, at a minimum, included professional liability insurance covering all errors, omissions or negligent acts in the performance of professional services under this agreement, with limits required per the following schedule: Contract Amount Minimum Required Limits Under $ 100,000 $ 300,000 per Occurrence/Annual Aggregate $ 100,000-$ 499,999 $ 500,000 per Occurrence/Annual Aggregate $ 500,000-$ 999,999 $ 1,000,000 per Occurrence/Annual Aggregate $ 1,000,000 or over Refer to Risk Management 3.5. Site Control If the grant Project involves the occupancy and use of real property, the Grantee assures that it has the legal right to occupy and use such real property for the purposes of the grant, and further that there is legal access to such property. The Grantee is responsible for securing the real property interests necessary for the construction and operation of the Project, through ownership, leasehold, easement, or otherwise, and for providing evidence satisfactory to the Authority that it has secured these real property interests. 3.6. Permits It is the responsibility of the Grantee to identify and ensure that all permits required for the construction and operation of this Project by the Federal, State, or Local governments have been obtained unless otherwise stated in Appendix C. These permits may include, but are not limited to, Corps of Engineers, Environmental Protection Agency, Alaska Department of Environmental Conservation, State Historic Preservation Office, State Fire Marshal, Alaska Department of Natural Resources, Alaska Department of Fish and Game and Boroughs. 3.7. Exclusion of Existing Environmental Hazards Grant funds will not be awarded for and may not be used for environmental investigation, removal or remediation of contamination, remediation of existing facilities or properties, or any other environmental matters, unless specifically provided in the Grant Agreement. In addition, grant funds will not be awarded for and may not be used for the decommissioning or removal of any existing facilities except as specifically provided in the Grant Agreement. 3.8. | Environmental Standards The grantee will comply with applicable environmental standards, including without limitation applicable laws for the prevention of pollution, management of hazardous waste, and evaluation of environmental impacts. AEA 13-006 Page 21 of 27 6/11/13 3.9. | Current Prevailing Rates of Wage and Employment Preference To the extent required by federal and State law construction projects may require certain grantees to include the requirements for ‘Davis-Bacon’ and ‘Little Davis-Bacon’ when contracting for construction services. This requires contractors to pay minimum rates of pay for specific classes of workers and provide certified payrolls to the State Department of Labor. The current wage rates can be found at the following web sites: The Federal wage rates at http://www.wdol.gov/ The State wage rates at http://www.labor.state.ak.us/Iss/pamp600.htm If federal funding sources require federal ‘Davis-Bacon’ compliance, the grantee must use both the Federal and State wage scale and the contractor is required to pay the higher of the State or Federal wage scale. When only State Funds are used that requires ‘Little Davis-Bacon,’ the grantee is only required to follow the State Rate schedule. For projects that are only State funded, contractors are also required to use local residents where they are available and qualified in accordance with AS 36.10.150-180, and 8 AAC 30.064 - 088. The grantee is responsible for identifying any other sources of project funds and for ensuring compliance with applicable wage scales for all sources of project funding. If a Grantee believes they or their contractors may be exempt from these requirements, they should contact the State of Alaska Department of Labor and Workforce Development, Wage and Hour Administration, for a determination and forward a copy of that determination to the Authority’s Grant Administrator. 3.10. Construction Plans and Specifications Review Prior to public notice of bidding a construction project, the grantee will provide the plans and specifications to the Authority for review. Concurrence that the plans and specifications are consistent with the grant award must be received before grant funds will be released for construction related costs. 3.11. Construction Contractor Bonding When the value of the construction is anticipated to be greater than $100,000, prior to beginning construction on a project funded by this grant, the grantee or grantee’s contractor(s) must provide the Authority either a payment and performance bond, as may be required by AS 36.25.010, a surety in form and substance acceptable to the Authority, or some other guarantee or assurance acceptable to the Authority that the grantee or the grantee’s contractor has the capacity, qualifications, and financial resources necessary to complete construction of the project as proposed in the grant or construction contract(s) funded by this grant. 3.12. Post Construction Certification Upon completion of construction the Grantee will submit a final report that includes: e Certification that all work is completed in accordance with the grant and all costs claimed are eligible costs and represent work completed on the Project; e Summary of total project cost including detailed funding sources and any outstanding debt; e Certification that there is a release of any contractor or subcontractor liens on the project; e Identification of any outstanding construction issues; e Demonstration that appropriate insurance is in place and, e = As-built drawings. AEA 13-006 Page 22 of 27 6/11/13 3.13. Ownership of Facilities The grantee shall assume all liabilities arising from the ownership and operation of the project. Grantee will not sell, transfer, encumber, or dispose of any of its interest in the facilities constructed with this grant funding during the economic life of the Project without prior written approval of the Authority. 3.14. Operation and Maintenance of Facilities The grantee is required to maintain and operate the facilities defined in Appendix C of the Grant agreement for the economic life of the facility or the specific period of time designated herein. In the event that the grantee is no longer operating the facilities for the intended purposes the Authority may require the grantee to reimburse the Authority an amount based on the total contribution of the Authority, the value of the assets, and the terms and conditions of this agreement. The Authority may require that the assets acquired under this agreement be sold and the proceeds returned to the Authority. 3.15. Performance/Operation and Maintenance (O&M) Reporting If the grant is for Project construction, the grantee must provide the Authority with a Performance/O&M Report annually for ten years after Project completion. The Performance/ O&M Report must include: (1) a detailed description of Project operations and maintenance activities and issues; and (2) a detailed description of Project performance, including energy output, estimated fuel savings resulting from the operation of the Project, and any other relevant measures of Project performance reasonably requested by the Authority, a description of repairs and modifications to the Project, and recommendations for improvements for similar future projects. The Authority may take into account the grantee’s failure to provide the required annual Performance/O&M Report in evaluating future applications from the grantee for grant funds. The Authority encourages grantees to provide annual Performance/O&M reports for the life of the Project, and may consider the grantee’s voluntary submittal of annual Performance/O&M reports beyond the first ten years in evaluating future applications from the grantee for grant funds. 3.16. Tariffs & Rates for Use of Grant-Funded Assets Rates for power provided as a result of generation or transmission facilities built with grant funds may be subject to review and approval by the Regulatory Commission of Alaska (RCA), or if the rates are not subject to RCA review and approval, they may be subject to review and approval by the Authority to ensure reasonable and appropriate public benefit from the ownership and operation of the Project. As a condition of the grant, Independent Power Producers will agree to sell energy resources for electricity and heat at a cost-based rate for the economic life of the project. The Authority will hire an independent economist to provide guidance in developing a cost-based rate for electric sales with an appropriate rate of return on equity. The allowable cost-based rate represents the highest rate that the Independent Power Producer will be allowed to charge. Because the cost-based rates are a grant condition, avoided costs rates or Public Utility Regulations Policies Act (PURPA) rates will not apply for projects which obtain grant funding. Application for a Certification of Public Convenience and Necessity (CPCN) is also a grant condition. RCA action related to the issuance of the CPCN must be completed prior to the issuance of any construction grant funding. AEA 13-006 Page 23 of 27 6/11/13 3.17. Grant-Funded Assets Not Included in PCE The grantee agrees that it will not include the value of facilities, equipment, services, or other benefits received under this grant as expenses under the Power Cost Equalization Program or as expenses on which wholesale or retail rates or any other energy tariffs are based. 4. Application Evaluation Process Applications will be reviewed in four stages by application evaluation committees, which may include the Authority staff, consultants, and members of the Advisory Committee established under the program legislation. Stage 1 —- Completeness and Eligibility Review (3 AAC 107.635) Stage 2 — Feasibility and Public Benefit Review (3 AAC 107.645) Stage 3 — Evaluation of Individual Applications (3 AAC 107.655) Stage 4 — Regional and Final Ranking Recommendations (3 AAC 107.660) The review and evaluation criteria for each stage are listed here. Applications that do not comply with AS 42.45.045, 3 AAC 107.600-695, and all of the material and substantial terms, conditions, and requirements of this RFA may be rejected. If an application is rejected the applicant will be notified in writing or via email that its application has been rejected and the basis for rejection. The Authority may waive minor requirements of the RFA that do not result in a material change in the requirements of the RFA and do not give an applicant an unfair competitive advantage. At any stage in the review process, the Authority may request clarifying information and the applicant will have a specified amount of time to respond to the request for information. Failure to respond timely or provide adequate information will result in the application being rejected. If information is sufficient, the application will be forwarded through to the next stage of review. Stage 1 Review: Completeness and Eligibility All applications received by the deadline will initially be reviewed by Authority staff to assess if the application is complete, meets the minimum submission requirements, and has adequate information to proceed to Stage 2 — Feasibility and Public Benefit Review. The following pass-fail criteria will be used to determine if the application meets the minimum requirements. Application . The application is submitted by an Eligible Applicant (sec 1.4). The project meets the definition of an Eligible Project (sec 1.5). ae . _Aresolution or other formal authorization of the applicant's governing these criteria to body is included with the application to demonstrate the applicant's be considered commitment to the project and any proposed matching funds are further. available and in the applicant’s control (sec 1.22). The application provides a detailed description of the phase(s) of must meet all of project proposed i.e. reconnaissance’ study, conceptual design/feasibility study, final design/permitting, and/or construction (sec 2.2). The application is complete in that the information provided is sufficiently responsive to the RFA to allow AEA to consider the application in the next stage of evaluation. Page 24 of 27 The applicant demonstrates that they will take ownership of the project; own, lease, or otherwise control the site upon which the project is located; and upon completion of the project operate and maintain it for its economic life for the benefit of the public (sec 1.4) 7. Wind applications requesting Phase III (Final Design and Permitting) or Phase IV (Construction, Commissioning, Operation and Reporting) funding will submit documentation necessary to demonstrate the fulfillment of all requirements for earlier phases of the project identified in Section 2 of the RFA [i.e. Phase II (Feasibility Analysis, Conceptual Design) or Phase III (Final Design and Permitting)] 30 days prior to the application deadline. Submittals which do not demonstrate the fulfillment of all requirements of earlier phases identified in Section 2 of the RFA by the application deadline may result in an application being deemed incomplete during Stage 1 review or result in an application receiving lower scores during AEA Stage 2 review. The early deadline for advanced project phases in wind projects will afford AEA project managers sufficient time for design review and feedback while allowing applicants to make adjustments or complete additional information, if needed, to fulfill AEA's requirements. These adjustments could result in higher technical scores. If an application is ambiguous regarding questions 1-7, the Authority may request clarifying information and the applicant will have a specified amount of time to provide the requested information. Failure to respond timely or provide an adequate explanation will result in the application being rejected. Stage 2 Review: Project Feasibility and Benefits For all applications that pass Stage 1 the Authority will perform a benefit and feasibility review in accordance with 3 AAC 107.645 and the criteria below: Application . _ Project Management, Development, and Operation The proposed schedule is clear, realistic, and described in adequate detail. substantially . The cost savings estimates for project development, meet these operation, maintenance, fuel, and other project items are teri: realistic. caer fo be The project team’s method of communicating, monitoring, and considered reporting development progress is described in adequate must further. detail. Logistical, business, and financial arrangements for operating and selling energy from the completed project are reasonable and described in adequate detail. Qualifications and Experience The applicant, partners, and contractors have sufficient knowledge and experience to successfully complete and operate the project. The project team has staffing, time, and other resources to successfully complete and operate the project. The project team is able to understand and address technical, economic, and environmental barriers to successful project AEA 13-006 Page 25 of 27 6/11/13 completion and operation. d. The project uses local labor and trains a local labor workforce. 3. Technical Feasibility a. The renewable energy resource is available on a sustainable basis, and project permits and other authorizations can reasonably be obtained. A site is available and suitable for the proposed energy system. Project technical and environmental risks are reasonable. The proposed energy system can reliably produce and deliver energy as planned. If a demonstration project is being proposed: e Application in other areas of the state, or another specific benefit of the proposed project, is likely; need for this project is shown (vs. the ability to use existing technology); and the risks of the proposed system are reasonable and warrant demonstration. 4. Economic Feasibility and Benefits a. The project is shown to be economically feasible (net savings in fuel, operation and maintenance, and capital costs over the life of the proposed project). The project has an adequate financing plan for completion of the grant-funded phase and has considered options for financing subsequent phases of the project Other benefits to the Alaska public are demonstrated. The Authority may develop a preliminary list of applications that may be technically and economically feasible and request additional information from applicants at this time to confirm a complete understanding of the project proposed. If information is requested, the applicant may be required to provide information within a short time frame to allow for the Authority to continue to the next stage of the review process. Applicants that fail to respond to requests for information or to adequately address the criteria in the technical review may be rejected. If an_application for design or construction project funding is incomplete to the point that an economic and/or technical feasibility evaluation cannot be completed, or there is no indication of a feasible financing plan that will provide for project funding through completion of construction the application will not be recommended for construction funding. For all projects, the Stage 2 review score must be at least 40; otherwise the project will not be recommended for funding and will not be considered for Stage 3 review. Stage 3 Review - Evaluation of Individual Applications All applications that pass the technical review will be evaluated for the purpose of ranking applications and making recommendations to the legislature based on the following criteria which include criteria required by 3 AAC 107.655 and AS 42.45.045. AEA 13-006 Page 26 of 27 6/11/13 1. Cost of energy per resident in the effected project area relative to other areas. 2. The type and amount of matching funds and other resources an applicant will commit to the project. 3. A statewide balance of grant funds. (For example, if there is two or more similar competing projects in a given area the Authority may only recommend one.) 4. Economic and technical feasibility (Stage 2 evaluation). 5. Public Benefits including economic benefit to the Alaska Public. 6. Sustainability — the ability of the applicant to finance, operate and maintain the project for the life of the project. 7. Local Support for the project. Letters of support and other documentation of local support must be dated within one year of the date of this RFA. Some examples of local support include letters and resolutions from city or tribal councils. 8. The readiness of the applicant to proceed with phases of the project proposed for the grant. 9. Compliance with previous grant awards in previous phases of roject development. Evaluation and Ranking Criteria to be Used for determining applications to recommend to legislature During this stage of review, the evaluation team may conduct interviews of applicants to determine a more complete understanding of the technical or financial aspects of their application. Stage 4 Review: Final Ranking Recommendations All applications recommended for grants as a result the Stage 3 evaluation will be ranked in accordance with 3 AAC 107.660. To establish a statewide balance of recommended projects, the Authority will provide to the advisory committee a statewide and regional ranking of all applications recommended for grants in Stage 3. In consultation with the advisory committee the Authority will make a final prioritized list of all recommended projects giving significant weight to providing a statewide balance for grant money, and taking into consideration the amount of money that may be available, the number and types of project within each region, regional rank, and statewide rank of each application. In its final decision on an application the Authority may recommend a grant in an amount for project phases different from what the applicant requested. In recommending a grant for phases different from what the applicant requested, the Authority may limit its recommendation to a grant for one or more preliminary project phases before recommending a grant for project construction. 5. Appendices Application Forms (Heat Applications, Standard Applications) Standard Grant Agreement AEA 13-006 Page 27 of 27 6/11/13 Renewable Energy Fund STATUTES AS 42.45.045. Renewable energy grant fund and recommendation program. (a) A renewable energy grant fund is established as a separate fund to finance certain energy projects in Alaska. (b) The authority shall administer the fund as a fund distinct from other funds of the authority. The fund consists of (1) money appropriated to the fund by the legislature to provide grants for certain energy projects determined by the legislature; (2) gifts, bequests, contributions from other sources, and federal money; (3) interest earned on the fund balance; and (4) investments to be managed by the Department of Revenue, which shall be the fiduciary of the fund under AS 37.10.071. (c) The fund is not a dedicated fund. (d) The authority shall, in consultation with the advisory committee established under (i) of this section and the Department of Natural Resources, (1) develop a methodology for determining the order of projects that may receive assistance, including separate requirements for grant eligibility, and adopt regulations identifying criteria to evaluate the benefit and feasibility of projects for which an applicant applies for support from the legislature, with the most weight being given to projects that serve any area in which the average cost of energy to each resident of the area exceeds the average cost to each resident of other areas of the state, and significant weight being given to a statewide balance of grant funds and to the amount of matching funds an applicant is able to make available; (2) make recommendations to the legislature for renewable power production reimbursement grants; and (3) not later than 10 days after the first day of each regular legislative session, submit to the legislature a report summarizing and reviewing each grant application submitted under this section and a recommended priority for awarding grants. (e) In consultation with the advisory committee established in (i) of this section, the authority shall make recommendations to the legislature regarding eligible applicants’ projects that finance feasibility studies, reconnaissance studies, energy resource monitoring, and construction of renewable energy projects, natural gas projects, or transmission or distribution infrastructure located in Alaska that meet the requirements of (f), (g), or (h) of this section, as applicable, and shall, at least once each year, solicit from the advisory committee funding recommendations for all grants. (f) For a renewable energy project to qualify for a grant recommendation under (e) of this section, the project must (1) be a new project not in operation on August 20, 2008 or an addition to an existing project made after August 20, 2008; and (2) bea (A) hydroelectric facility; (B) direct use of renewable energy resources; (C) facility that generates electricity from fuel cells that use hydrogen from renewable energy resources or natural gas; or (D) facility that generates energy from renewable energy resources. (g) To qualify for a grant recommendation under (e) of this section, a project that is a natural gas project must benefit a community that (1) has a population of 10,000 or less; and (2) does not have economically viable renewable energy resources it can develop. (h) To qualify for a grant recommendation under (e) of this section, transmission or distribution infrastructure must link a renewable energy project or natural gas project to the transmission or distribution infrastructure. A grant may be recommended under this subsection even if the grant applicant is not itself financing the construction of the renewable energy project or natural gas project. (i) An advisory committee is established and consists of nine members, appointed as follows: (1) five members shall be appointed by the governor to staggered three-year terms, with one representative to be appointed from each of the following groups: (A) small Alaska rural electric utilities; (B) large Alaska urban electric utilities; (C) Alaska Native organizations; (D) businesses or organizations engaged in the renewable energy sector; and (E) the Denali Commission established under P.L. 105-277, 42 U.S.C. 3121 note; (2) two members of the house of representatives shall be appointed by the speaker of the house of representatives; and (3) two members of the senate shall be appointed by the president of the senate. (j) A member of the advisory committee appointed under (i) of this section serves without compensation but is entitled to travel and per diem expenses as provided in AS 39.20.180. (k) The legislature may appropriate money for grants from the renewable energy grant fund for renewable energy projects described in this section. (I) In this section, (1) "eligible applicant" means an electric utility holding a certificate of public convenience and necessity under AS 42.05, independent power producer, local government, or other governmental utility, including a tribal council and housing authority; (2) "fund" means the renewable energy grant fund; (3) "hydroelectric facility" has the meaning given to the term "project" under AS 42.45.350; (4) "natural gas project" means use or access of natural gas other than landfill or digester gas; (5) "renewable energy resources" means (A) wind, solar, geothermal, wasteheat recovery, hydrothermal, wave, tidal, river in-stream, or hydropower; (B) low-emission nontoxic biomass based on solid or liquid organic fuels from wood, forest and field residues, or animal or fish products; (C) dedicated energy crops available on a renewable basis; or (D) landfill gas and digester gas. Renewable Energy Fund REGULATIONS Article 4 Renewable Energy Grant Program Section 600. Purpose. 605. Public purpose requirements of renewable energy grants. 610. Eligible applicants. 615. Eligible projects. 620. Public notice of application period; solicitation of grant applications. 625. Grant applications. 630. Disclosure of applications and other materials submitted to the authority; confidentiality. 635. Acceptance of applications for consideration; eligibility review. 645. Feasibility and public benefit review of grant applications. 650. Requests for reconsideration. 655. Evaluation of grant applications. 660. Ranking of applications. 670. Additional information from applicant or grantee. 675. Grant agreement. 680. Grant closeout; return of unexpended grant money. 685. Project operations and maintenance reporting. 690. Dispute resolution. 695. Definitions for AS 42.45.045 and 3 AAC 107.600 - 3 AAC 107.695. 3 AAC 107.600. Purpose The purpose of 3 AAC 107.600 - 3 AAC 107.695 is to establish procedures and criteria for grant applications, the evaluation of applications, recommendations to the legislature for the award of grants, and the administration of grants from the renewable energy grant fund under AS 42.45.045. History History: Eff. 10/16/2009, Register 192 Annotations Authority: AS 42.45.045 AS 44.83.080 3 AAC 107.605. Public purpose requirements of renewable energy grants The authority may take actions it determines are appropriate to protect the public purpose of renewable energy grants and the public interest in and benefit from the use of grant funds, including (1) limiting recommendations for grants to preliminary development phases, until the authority determines that subsequent phases are feasible, will result in sufficient benefit to the public, and are otherwise appropriate for grants; (2) seeking repayment of some or all of a grant if the grantee fails to comply with the terms and conditions of the grant or, without the prior approval of the authority, sells, conveys, or encumbers a project constructed with renewable energy grant money; (3) requiring review and approval by the Regulatory Commission of Alaska or, if the Regulatory Commission of Alaska does not have or exercise jurisdiction, review and approval by the authority, of rates charged for the use of assets funded in whole or in part with a renewable energy grant and for energy generated by those assets; (4) determining whether an applicant that is not a governmental entity and not a utility regulated by the Regulatory Commission of Alaska will own and operate the project in a manner that will provide sufficient public benefit to support a recommendation under AS 42.45.045 and 3 AAC 107.600 - 3 AAC 107.695 for a grant; in making a determination under this paragraph, the authority will consider the applicant's previous experience, its ownership and financial resources, proposed financial oversight, and other factors relevant to the analysis of public benefit. History History: Eff. 10/16/2009, Register 192 Annotations Authority: AS 42.45.045 AS 44.83.080 3 AAC 107.610. Eligible applicants (a) To apply for a renewable energy grant, a person must (1) be an eligible applicant within the meaning given in AS 42.45.045(I); and (2) demonstrate, to the satisfaction of the authority and subject to (b) of this section, that the applicant will (A) own the renewable energy project; (B) own, lease, or otherwise control the site upon which the project is located; and (C) upon completion of the project, operate and maintain it for its economic life for the benefit of the public. (b) The authority may authorize conveyance of an ownership interest or of operations or maintenance responsibilities if the authority determines that the conveyance protects the public interest in and benefit from the grant. History History: Eff. 10/16/2009, Register 192 Annotations Authority: AS 42.45.045 AS 44.83.080 3 AAC 107.615. Eligible projects (a) A project that meets the requirements of AS 42.45.045(f) - (h) is eligible for a renewable energy grant. (b) For purposes of AS 42.45.045(f)(2)(B), a project is a direct use of renewable energy resources if it uses renewable energy resources to generate energy or to make a fuel used to generate energy. History History: Eff. 10/16/2009, Register 192 Annotations Authority: AS 42.45.045 AS 44.83.080 3 AAC 107.620. Public notice of application period; solicitation of grant applications (a) The authority will provide public notice of the application period by publishing notice on the authority's website and on the Alaska Online Public Notice System established under AS 44.62.175. (b) The authority will publish on its website a request for grant applications that includes the date, time, place, and method for delivering applications, and a description of the application requirements. History History: Eff. 10/16/2009, Register 192 Annotations Authority: AS 42.45.045 AS 44.83.080 3 AAC 107.625. Grant applications (a) An applicant must submit an application to the authority within the time specified in the request for applications with the documentation and in the format required in the request for grant applications. The application must include (1) information showing to the satisfaction of the authority that the applicant is an eligible applicant within the meaning given in AS 42.45.045(l) and under 3 AAC 107.610; (2) information showing to the satisfaction of the authority that the project is eligible under AS 42.45.045(f) - (h) and 3 AAC 107.615; (3) information showing to the satisfaction of the authority that the project is technically and economically feasible; (4) a description of the public benefit from the project; (5) a description of the project scope of work, schedule, milestones, and budget; the description must include an estimate of total project costs, the amount of grant money requested, and identification of other money or resources that are committed to the purposes of the grant; (6) a description of the applicant's financial resources and financial capability of developing the project, including matching resources and other financing necessary for project development; and (7) additional information as required in the request for grant applications or under 3 AAC 107.670. (b) As it considers necessary to obtain complete or additional information, the authority will require applicants, including applicants who have previously received grants for preliminary development phases or partial grants, to submit new applications for each solicitation to which the applicants are responding. History History: Eff. 10/16/2009, Register 192 Annotations Authority: AS 42.45.045 AS 44.83.080 3 AAC 107.630. Disclosure of applications and other materials submitted to the authority; confidentiality (a) A grant application and other materials submitted to the authority under AS 42.45.045 and 3 AAC 107.600 - 3 AAC 107.695 are subject to disclosure under AS 40.25.100 - 40.25.295 (Alaska Public Records Act) and 2 AAC 96, unless the authority determines that the material is protected from disclosure under AS 40.25.120. (b) A person submitting a grant application or other material under AS 42.45.045 and 3 AAC 107.600 - 3 AAC 107.695 may request that the authority keep certain information confidential. The request must (1) clearly designate the specific information to be kept confidential; and (2) specifically describe the basis for asserting that the information is protected from disclosure under AS 40.25.120; if the person believes the information is protected as a trade secret or business proprietary information, the description must include analysis of whether the person's commercial privacy interest in protecting the information from disclosure outweighs the public interest in obtaining the information. (c) If the authority receives a public records request and determines the information requested is protected from disclosure under AS 40.25.120, the authority will not release the information except to authority personnel and contractors for purposes of evaluating the person's application. If the authority determines the information may not be protected from disclosure under AS 40.25.120, the authority will notify the person submitting the information, who is responsible at the person's own expense for seeking judicial relief or taking other action necessary to protect the material from disclosure under AS 40.25.100 - 40.25.295. History History: Eff. 10/16/2009, Register 192 Annotations Authority: Art. 1, sec 22, Ak Const AS 40.25.110 AS 40.25.120 AS 42.45.045 AS 44.83.080 3 AAC 107.635. Acceptance of applications for consideration; eligibility review The authority will accept for consideration, for a recommendation for a grant, each application received on or before the deadline established in the request for applications. The authority will determine if the application is complete, is submitted by an eligible applicant within the meaning given in AS 42.45.045(I) and under 3 AAC 107.610, and is for a project that is eligible under AS 42.45.045(f) - (h) and 3 AAC 107.615. The authority will reject applications that fail to meet those requirements, and will notify each applicant whose application is rejected of the authority's decision. History History: Eff. 10/16/2009, Register 192 Annotations Authority: AS 42.45.045 AS 44.83.080 3 AAC 107.645. Feasibility and public benefit review of grant applications (a) For each application not rejected under 3 AAC 107.635, the authority will perform a benefit and feasibility review, in which the authority will review (1) project management, development, and operations, including whether (A) the proposed schedule is clear, realistic, and described in adequate detail; (B) the costs and savings estimates for project development, operation, maintenance, fuel, and other project items are realistic; (C) the project team's method of communicating, monitoring, and reporting development progress is described in adequate detail; and (D) logistical, business, and financial arrangements for operating and selling energy from the completed project are reasonable and described in adequate detail; (2) qualifications and experience, including whether (A) the applicant, partners, and contractors have sufficient knowledge and experience to successfully complete and operate the project; (B) the project team has staffing, time, and other resources to successfully complete and operate the project; (C) the project team is able to understand and address technical, economic, and environmental barriers to successful project completion and operation; and (D) the project uses local labor and trains a local labor workforce; (3) technical feasibility, including whether (A) the renewable energy resource is available on a sustainable basis, and project permits and other authorizations can reasonably be obtained; (B) a site is available and suitable for the proposed energy system; (C) project technical and environmental risks are reasonable; (D) the proposed energy system can reliably produce and deliver energy as planned; and (E) if a demonstration project is being proposed, (i) application in other areas of the state, or another specific benefit of the proposed project, is likely; (ii) the need for the project is shown; and (iii) the risks of the proposed system are reasonable and warrant demonstration; and (4) economic feasibility and benefits, including whether (A) the project is shown to be economically feasible; (B) the project has an adequate financing plan for completion of the grant-funded phase, and has considered options for financing subsequent phases of the project; or (C) other public benefits are demonstrated. (b) The authority will reject applications that it determines under (a) of this section not to be technically and economically feasible, or not to provide sufficient public benefit, and will notify each applicant whose application is rejected of the reasons for rejection. History History: Eff. 10/16/2009, Register 192 Annotations Authority: AS 42.45.045 AS 44.83.080 3 AAC 107.650. Requests for reconsideration (a) An applicant whose application is rejected in the eligibility review or the feasibility and public benefit review may request that the executive director of the authority reconsider the decision of the authority's staff to reject the application. The request for reconsideration must be in writing, including by electronic mail, must state the basis for reconsideration, and must be received by the authority no more than 10 days after the applicant has been provided written notice of the rejection, including notice by electronic mail. (b) The executive director may concur with the decision of staff and reject the application, request additional information from the applicant before making a decision, or require further consideration of the application under 3 AAC 107.645 or 3 AAC 107.655 if the executive director determines that the authority erred in its rejection of the application. History History: Eff. 10/16/2009, Register 192 Annotations Authority: AS 42.45.045 AS 44.83.080 3 AAC 107.655. Evaluation of grant applications (a) For each application not rejected under 3 AAC 107.645, the authority will perform an evaluation for the purpose of ranking applications and making recommendations to the legislature for grants. The evaluation criteria include (1) the extent to which the proposed project serves an area of the state in which the average cost of energy to each resident of the area exceeds the average cost to each resident of other areas of the state; the authority will give the most weight to the criterion in this paragraph; (2) the extent to which the applicant will provide matching resources for the project; the authority will give significant weight to the criterion in this paragraph; (3) the extent to which a grant to the project, considered with other recommended grants, achieves a statewide balance of grant money; the authority will give significant weight to the criterion in this paragraph; (4) the likely economic and technical feasibility of the project; as part of its evaluation under this section, the authority will consider the results of the review performed under 3 AAC 107.645; (5) the public benefits of the project, including economic benefits; as part of its evaluation under this section, the authority will consider the results of the review performed under 3 AAC 107.645; (6) the ability of the applicant to finance, operate, and maintain the project for the life of the project; (7) local support for the project; (8) the readiness of the applicant to proceed with the phases of the project proposed for a grant; (9) the applicant's previous compliance with the requirements of AS 42.45.045, 3 AAC 107.600 - 3 AAC 107.695, requests for applications, and grant agreements; and (10) other project-specific criteria as identified in the request for applications. (b) As a result of the evaluation under (a) of this section, the authority may recommend a grant in the amount requested by the applicant, decline to recommend a grant for a project, or recommend a grant in an amount or for project phases different from what the applicant requested. In recommending a grant for phases different from what the applicant requested, the authority may limit its recommendation to a grant for one or more preliminary project phases before recommending a grant for project construction. History History: Eff. 10/16/2009, Register 192 Annotations Authority: AS 42.45.045 AS 44.83.080 3 AAC 107.660. Ranking of applications (a) To establish a statewide balance of recommended projects, the authority will provide to the advisory committee established in AS 42.45.045(i) a statewide and regional ranking of all applications recommended for grants. (b) In consultation with the advisory committee established in AS 42.45.045(i), the authority will (1) make a final prioritized list of all recommended projects, giving significant weight to providing a statewide balance of grant money, and taking into consideration the amount of money that may be available, number and types of projects within each region, regional rank, and statewide rank; (2) include in the final prioritized list any changes to the recommendations made following the evaluation under 3 AAC 107.655; and (3) include in the final prioritized list a list of applications that were rejected under 3 AAC 107.635 - 3 AAC 107.645. (c) The authority will publish the final prioritized list on its website, and will provide it to the legislature in accordance with AS 42.45.045(d)(3). Award of a grant is subject to legislative appropriation. History History: Eff. 10/16/2009, Register 192 Annotations Authority: AS 42.45.045 AS 44.83.080 3 AAC 107.670. Additional information from applicant or grantee (a) As it considers necessary to perform a complete review of an application or project, and at any stage in the review, evaluation, recommendation, or award process under 3 AAC 107.600 - 3 AAC 107.695, the authority will request that an applicant or grantee provide additional information. Requests for information may include a request for information sufficient for the authority to confirm that an (1) application meets the requirements of the request for applications; or (2) applicant or grantee is willing and able to adjust the project scope and budget as required by the authority in making a recommendation or as required by the legislature in approving a grant. (b) If an applicant or grantee fails to provide timely or adequate information in response to a request from the authority, the authority may reject the application, modify the authority's recommendations to the legislature, or cancel a notice of intent to award a grant. History History: Eff. 10/16/2009, Register 192 Annotations Authority: AS 42.45.045 AS 44.83.080 3 AAC 107.675. Grant agreement (a) As a condition for a grant under AS 42.45.045 and 3 AAC 107.600 - 3 AAC 107.695, the applicant must sign a grant agreement that the authority prepares and that contains the terms and conditions of the grant, including (1) a description of the project to be financed with the grant; (2) a project schedule; the authority may make one or more disbursements of grant money conditional upon (A) completion and approval by the authority of pre-construction phases of the project; (B) the grantee demonstrating that it has site control for the project; (C) the grantee demonstrating that it has one or more permits or authorizations required for construction of the project; (D) the grantee's successful completion of other activities or objectives set under the project schedule; (3) requirements for project management; (4) a description of allowable costs; (5) requirements for the documentation of expenditures and procurements; (6) procedures for making grant payments to the grantee; (7) requirements for the grantee's accounting and reporting; (8) requirements for the grantee's maintenance and retention of project records; (9) hiring preferences applicable under AS 36.10.150 - 36.10.180 and 8 AAC 30.064 - 8 AAC 30.088 to the grantee and its agents, contractors, and subcontractors; (10) procedures for verifying the provision of the grantee's matching resources to the project; and (11) other terms and conditions that the authority determines are appropriate to ensure the public purpose of and maximize the public benefit from the grant. (b) If an applicant fails to execute the grant agreement within 30 days after receiving it from the authority, the authority may cancel a notice of intent to award the grant and may offer the grant money to another eligible applicant, subject to appropriation and approval by the legislature. History History: Eff. 10/16/2009, Register 192 Annotations Authority: AS 42.45.045 AS 44.83.080 3 AAC 107.680. Grant closeout; return of unexpended grant money Upon completion of the grant-financed or termination of the grant, the authority will close out the grant and the grantee shall return to the authority any grant money and interest on grant money not spent on project work under the terms and conditions of the grant agreement. The grant agreement may provide that specified obligations of the grantee survive grant closeout. History History: Eff. 10/16/2009, Register 192 Annotations Authority: AS 42.45.045 AS 44.83.080 3 AAC 107.685. Project operations and maintenance reporting For a project constructed with a renewable energy grant, the grantee shall provide to the authority reports on project operations and maintenance for the periods and with the information that the authority specifies in the grant agreement. The authority may require information on project operations and maintenance activities and cost, other costs of the project, energy output, estimated fuel displacement resulting from the energy output, discussion of operational issues, and other information useful to the authority for its evaluation of the project and the grant. If the grantee fails to provide information as required under this section and in the grant agreement, the authority may determine the grantee ineligible for recommendations for future renewable energy grants or ineligible for other future grants from the authority. History History: Eff. 10/16/2009, Register 192 Annotations Authority: AS 42.45.045 AS 44.83.080 3 AAC 107.690. Dispute resolution A person who has a claim concerning a grant awarded under AS 42.45.045 and 3 AAC 107.600 - 3 AAC 107.695 may submit that claim in accordance with 3 AAC 108.915 - 3 AAC 108.920. History History: Eff. 10/16/2009, Register 192 Annotations Authority: AS 42.45.045 AS 44.83.080 3 AAC 107.695. Definitions for AS 42.45.045 and 3 AAC 107.600 - 3 AAC 107.695 (a) In AS 42.45.045, (1) "independent power producer" means a corporation, person, agency, authority, or other legal entity or instrumentality, that is not an electric utility and that owns or operates a facility for the generation or production of energy entirely for use by the residents of one or more municipalities or unincorporated communities recognized by the Department of Commerce, Community, and Economic Development for community revenue sharing under AS 29.60.850 - 29.60.879 and 3 AAC 180; (2) "wasteheat recovery" means systems for the recovery of unused heat from systems or processes in operation when the applicant applies for a renewable energy grant. (b) In AS 42.45.045 and 3 AAC 107.600 - 3 AAC 107.695, (1) "matching funds" or "matching resources" (A) means those resources that the grantee dedicates for the completion of the project; (B) includes (i) cash; (ii) loan proceeds; and (iii) grantee-provided equipment, labor, or other materials or services needed for the completion of the project; (2) "preliminary development phase" includes (A) feasibility studies; (B) reconnaissance studies; (C) energy resource monitoring; (D) design phases; and (E) obtaining required permits and authorizations; (3) "renewable energy resources" has the meaning given in AS 42.45.045(|). (c) In 3 AAC 107.600 - 3 AAC 107.695, unless the context requires otherwise, "grant" or "renewable energy grant" means a grant recommended or awarded under AS 42.45.045 and 3 AAC 107.600 - 3 AAC 107.695. History History: Eff. 10/16/2009, Register 192 Annotations Authority: AS 42.45.045 AS 44.83.080