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HomeMy WebLinkAboutAEA - REF Regs Aopted by BoardRegister 2009 COMMERCE, COMMUNITY, AND EC. DEV. 3 AA C 106.120(a)(2)(A)(Nli) is repealed: (vi) repealed (Eff. 2/ 16/96, Register 137. am Register Authority: AS 42.45.010 AS 44.83.080 3 AAC 106.300(3) is amended to read: "3) written endorsement from the- governing body of each [THE] community for which a bulk fuel loan is sough , if the applicant is a person generating power or selling fuel in the communiq,; (Eff. 2/16/96, Register 137; am 3/25/2005, Register 173.- am Register Authority: AS 42.45.250 AS 44X3.080 3 AAC 106.310(4) is amended to read: (4) the amount of the loan-, added to the amounts of all other bulk -fuel loans to 2/16/96, Register 137; am 3 )/25/2005, Register 173; am Register --) Authority: AS 42.45.250 AS 44.83.080 0 Register 2009 COMMERCE, COMMUNITY, AND EC. DEV. 3 AAC 106.900 is amended by adding new subsections to read- MMI F 1111,111101 1 Ill Ill ROOM !Ili lillill :1 1# fi 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 SAC 180. (e) In AS 1, this chapter, unless the context requires otherwise, "electric 1111111111111111111 11111 ill 111 111� in�� I . . Register 137: am Register 3 AAC 107 is amended by adding new sections to read: mpjnn�� 62 0. Public notice of application period; solicitation of grant applications N Register _, 2009 COMMERCE, COMMUNITY, AND EC. DEV. 630. Disclosure of applications and other materials submitted to the authority; confidentiality ,1,45. Feasibility and public benefit review of grant applications 660. Ranking of applications 675. Grant agreement i,80. Grant closeout; return of unexpended grant money 3AAC107.600. Purpose. The purpose of 3 AAC 107.600 - 3 AAC 107-695 isto 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. (Eff. Register _) Authority: AS 42.45.045 AS 44.83.080 3 AAC t07.605. Public purpose requirements of renewable energy grants. The authority may take actions it detennintes, are appropriate to protect the public purpose of renewable energy grants and the public interest in and benefit from the use of grant -funds. tj Register 2009 COMMERCE, COMMUNITY, AND EC. DEV. (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; I i I I i I I I I i I I I I P I i I I I 1 1 1 1 1 1 11 1111 11� 111!1 • MW �FJW�MVFWFFWI YOF 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 (4) determining whether an applicant that is not a governmental entity and not a utility regulated by the Regulatory Commission of Alaskawill own and operate the project in a rnanner that,%ill provide sufficient public benefit to support a recommendation under 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. (Eff. Register Authority: AS 42.45.045 AS 44.83.080 107610. Eligible applicants. (a) To apply for a renevvrable en-ergy grant, a L9 Register _, 2009 COMMERCE, COMMUNITY, AND EC. DE)l (1) be an eligible applicant witiro the meaning given in AS 42.45.045(; and (2) demonstrate-, to the satisfaction of the authority and subject to (b) of this M•� (B) own, lease, or otherwise control the site upon which the project is (C) upon completion of the project, operate and maintain it for its - , � Iinterest in and benefit from the grant. (Eff. — / —/ —1 Register Authoritv: AS 42,45.045 AS 44.83.01 3 AAC 107.615. Eligible projects. (a) A project that meets the requirements of resources if it uses renewable energy resources to generate energy or to make a fuel used to generate energy. (Eff. —// —/—, Register __) Authority: AS 42.45.045 AS 44.83.080 applications. (a' ) The authority will provide public notice of the application period by 9 Register _, 2009 COMMERCE, COMMUNITY, AND EC. DEl publishing notice on the authority's website and on the Alaska Online Public Notice System requirements.(Eff ---/----/ , Register ) ---- Authority: AS 42.45.045 AS 44.83.080 3 AAC 107.625. Grant applications. (a) An applicant must submit an application to (1) information showing to the satisfaction of the authority that the. applicant is an (2) information showing to the satisfaction of the authority that the project is (3) information showing to the satisfaction of the authority that the project is (5) a description of the project scope of work, schedule, milestones, and budget; the description must include an estimate of total project costs, the annount of grant money requested, and identification of other money or resources that are committed to the purposes of M, Register _, 2009 COMMERCE, COMMUNITY, AND EC. DE11 lnmt considers necessary to obtain complete or additional information, the- authority development phases or partial grants, to submit new applications for each solicitation to which the applicants are responding. (Eff. Register 3 AAC 107.630. Disclosure of applications and other materials submitted to til IIIiii IIII III Fill! II IIIIII Fill 1111 111 IIIIIIIII Ilill! IIIII IIIIIIII, lip ]�EIIIIIIIIIIIIIIIIIII1111:11 c -dential. The request must onTi (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 IIIIIII�qii�iliplll�� 11 It W Register _., 2009 COMMERCE, COMMUNITY, AND EC. DEV. (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. (Eff. Authorityr: Art. 1. sec. 22, Ak Const. Manallm !111 IMP 111111111 11111111 i I I I'll I I I I I I I! Ill 11111pr III III I I I I 1!! 111 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(o and under 3 AAC 107.610, and is for a project that is eligible under AS 42.45.045(f) - (h) and 3 AAC 101.615. The authority will reject applications that fail to meet those requirements, and -,rill notify each applicant whose application is rejected of the authority's decision. (EIT. -/ -1/-, Register ----) Authority: AS 42.45.045 AS 44.83.080 Register 2009 COMMERCE, COMMUNITY, AND EC. DEV. 3 AAC 107.645. Feasibiliqr and public benefit review of grant applications. (d) For each application not rejected under 3 AAC 107.635, the authority will perform a benefit and feasibility review, in which the authority,,xill review M M (1) project management. development, and operations, including whether (A) the proposed schedule is clear, realistic, and described in adequate (B) the costs and savings estimates for project development, operation, (C) the project team's method of communicating, monitoring, and 1: and 1111111111111111111111111 iiiiiiiiiiii IIIIIIIIqll 1111111 I'll 111111 IIIII11glill II 2i&iescribed in adeauaffl (B) the project team has staffing, time, and other resources to successfully d -,nd qddress technical economic, and environmental barriers to successful project completion and operation-, M M III �Iqiii 1111111 1 q Register _, 2009 COMMERCE, COMMUNITY,.A.I EC. DEl (3) technical feasibility, including �vhether 11 ,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; (D) the proposed energy system can reliably produce and deliver energy ,'ii) the need for the project is shown; and k (iii) the -risks of the proposed system are reasonable and warrant (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-ftmded phase, and has considered options for financing subsequent phases of the mm� L (b) The authority VV-111 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 Arill notify each applicant whose application is rejected of the reasons for rejection. (Eff. H Register 2009 Register Authority: AS 42.45.01N L MIA 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, most state the is for reconsideration, and must be received by the authority no more than ten days after the applicant has 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. I —, Register —) 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 perfor m- an evaluation for the purpose of I anking applications and making recommendations to the legislature for grants. The evaluation criteria include 0 Register 2009 COMMERCE, COMMUNTITYAND EC. DEl (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 MM= the extent to which the applicant will provide -matching resources for the ,.�roject- 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 evaluation under this section, the authority will consider the results of the review performed (7) local support for the project; (8) the readiness of the applicant to proceed with the phases of the project proposed for a grant; (10) the applicant's previous complianceMth the requirements of AS 42.45.045, 3 AAC 107.600 - 3 AAC 107.695, requests for applications, and grant agreements; and 12 Register 2009 COMMERCE, COMMUNITY, ANTI) EC. DEV. (11) other project -specific criteria as identified in the request for applications. (b) As a result of the evaluation under',F(a) of this section, the authority may recommend I grant in the amount requested by the applicant, decline to recommend a grant for a project, or recommend a grant in an a -mount or for project phases different from what the applicant requested. In recommending a grant for phases ditTerent 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. (Eff. Register ___) Authority: AS 42-456045 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 mmm� weight to providing a statewide balance of grant money, and taking into consideration tM. amount of money that may be available, num1ber and types of projects within each region, (2) include in the final prioritized list any changes to the, recommendations made L.1 nclude in the final prioritized list a 'list of applications that were rejected N Register 2009 COMMERCE, COMMUNITY, AND EC. DEV. to the legislature in accordance with AS 42.45-04 0)(3). Award of a grant is subject to legislative appropriation. {Eff. ,1 -1/ —, Register __} Authority: AS 42.45.045 AS 44.83.080 3 AAC 107.670. Additional information from applicant or grantee. (a) As N 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 (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 budgm V 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 .......... recommendations to the legislature, or cancel a notice of intent to award a grant. / —/—, Register ) Authority: AS 42.45.045 AS 44.83.080 Ulu Register 2009 COMMERCE, COMMUNITY, AND EC. DEV. 3 A AC 107.675. Grant agreement. 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 (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 an 30.064 - 8 AAC 3 )0.088 to the grantee and its agents, contractors, d subcontractors: IN Register 2009 COMMERCE, COMMLNITY, AND EC. DEV, . 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 affter 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. (Eff Register Authorit- ,v: AS 42-45-045 AS 44.83.080 3 AAC 107.680. Grant closeout; return of unexpended grant money. UP19 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. (Eff. Register ___) Authority: AS 42.45.045 AS 44.83.080 3 AAC 107.685. Project operations and maintenance reporting. For a project project operations and maintenance for the periods and with the information that the authority 'fies in the grant agreement. The authOritv may require information on project operations sped 11M Register —, 2009 COMMERCE, COS LIT, AND E. E. 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 grw-t. 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. (Eff. Register Authority: AS 42.45.045 AS 44,83.080 NOW.. 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 - ' ) AAC 108.920. (Eff. Register .. ) 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 107.69 9 (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 a Register ___, 2009 COMMERCE, CONVVIt NITY, AND EC. DE-1 (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 107.600107.695, (A) means those resources that the grantee dedicates for the completion of' grantee -provided equipment, labor, or other materials or services needed for the completion of the project; (C) energy resource monitoring-, ,E) obtaining required permits and authorizations: (3) "renewable energy resources" has the meaning given in AS 4'2.45.045(t . (c) In 3 AAC 107.600 - 3 AAC 107.695, unless the context requires otherwise. "grant" or �Irenewable energy grant" means a grant recommended or awarded under AS 42.45.045 and 33 AAC 107.600 - 3 A AC 107.695. (Eff. Register Authority: AS 42.45-045 AS 44.83.080 W, Register 2009 COMMERCE, COMMUNITY, AND EC. DENT. 3 AAC 108.910 is repealed and readopted to read: 3 AAC 108.910. Protests. (a) In accordance with this section, and except as otherwise provided by statute or required as a condition of assistance received by the authority under 3 AAC 105.020, an interested party may protest the authority's award of a contract, the authority's proposed award of a contract, or a solicitation by the authority for supplies, services, professional services, or construction. (b) The protest must be submitted to the authority's procurement officer in writing, and must include (1) the name, address, and telephone number of the. protester; (2) the signature of the protester or the protester's representative; (3) identification of the solicitation at issue; (4) a detailed statement of the legal and factual grounds for the protest, including copies of relevant documents; and (5) a statement of the remedy requested; in a protest of a procurement action, the protester is limited to remedies that would apply in a protest under AS 36-30. (c) A protest based on alleged improprieties in a bid or solicitation must be received by the authority at least 10 days before the due date of the bid or proposal. A protest based on alleged improprieties in an award of a contract or a proposed award of a contract must be filed within 10 days after the procurement officer issues a notice of intent to award the contract. For good cause shown, the authority may -change a deadline set in this subsection or accept a late filed protest. U Register 2009 COMMERCE, COMMUNITY, AND EC. DEV. lrltlfl��- 111 pill F�Igp�111111 ;IIII I I' 1111 � protest within 15 days «>® receipt of all relevant information from the protester and I authority, unless the executive director extends the time for decision for good cause shown. (Eff. 5/12,12005, Register 174, am Register ____) Authority- AS 42.45.045 AS 44.83.080 H 3 AAC 108.915. Contract and grant claims. (a) In accordance with this section, and of assistance received by ON authority under 3 ) AAC 105.020, a person who has a claim against the authority under a contract or grant agreement with the authority may submit that claim to the authority. (b) The claim must be submitted to the procurement officer in writing, and must include (1) the name, address, and telephone number of the claimant; (2) the. signwture of the claimant or the claimant's representative; (4) a detailed statement of the legal and factual grounds for the claim, including (5) a statement of the remedy requested. (C) A claim under a contract or grant must be received by the authority within 30 days after the claimant becomes aware of the basis of the claim or should have known of the basis of IN Register 2009 COMMERCE, COMMUNITY, AND EC. DEV. the claim, except that the information required in (b)(4) and (5) of this section and any other relevant information must be received by the authority within 60 days after the claimant submits the claim. For good cause shown, the authority may change a deadline set in this subsection or accept a late filed protest. (d) Upon receiving a claim, the authority will provide notice of the claim to other interested persons. (e) The authority's procurement officer shall issue a written decision on a claim within 90 days after receipt of all relevant information from the claimant and the authority, unless the executive director extends the time for decision for good cause shown. (Eff Register _) Authority: AS 42.45,045 AS 44.83.080 3 AAC 108.920. Appeals. (a) A protester who is dissatisfied with a decision of the procurement officer under 3 AAC 108.910, a claimant who is dissatisfied with a decision of the procurement officer under 3 AAC 108.915, or a protester dissatisfied with other action of the authority, may appeal the decision to the board of directors of the authority or, if the board of directors has authorized the executive director to make the final decision of the authority, to the executive director. A protester or claimant must submit an appeal within 10 days after receiving the decision to be appealed. (b) Upon receiving an appeal under (a) of this section, the executive director shall review the protest or claim, relevant information from, agency staff, including any decision of the C� procurement officer and other relevant information, and shall IE RegisterCOMMERCE, COMMUNITY, AND EC. DE-1 M board of directors of the authority, (2) conduct a hearing and prepare a final decision or recommended decision for (3) designate a hearing officer to conduct a hearing and prepare a recommended decision for consideration by the executive director or the board of directors of the authority; or t ,4) refer the matter to a mediator or arbitrator for resolution, subject to approval of the resolution by the executive director or the board of directors of the authorit] (c) The board of directors of the authority will adopt a recommended decision prepared under (b) of this section, adopt the recommended decision with modifications, reject the recommended decision. or return the recommended decision to the executive director or hearing am �1) hold prehearing conferences to settle, simplify, or identify the issues inF proceeding, or to consider other matters that may aid in the expeditious disposition of the am= MESM (2) require parties to state their positions concerning the various issues in the (3) require parties to produce for examination those relevant witnesses and documents under their control; (4) rule on motions and other procedural matters-, W I&egister 2©® COMMERCE. COMMUNITY, AND EC. DEV. (5) regulate the course of the hearing and conduct of the participants; (6) establish time limits for submission of motions or memoranda, (7) impose appropriate sanctions against a person who fiuls to obey an ordZ m 1 -L in ,UtjA-,(Y-t* ' ie- id" � ArIZq& ,#I&cedures. i"� B ( ) excluding all testimony of an unresponsive or evasive witness- and (C) excluding a person from further participation in the hearing; (8) take official notice of a inaterial fact not appearing in evidence, if the fact vniong the traditional matters subject to judicial notice; and (9) administer oaths or affirmationj (e) The board of directors of the authority may delegate to the executive director authority to make the final decision regarding protests of procurement actions, claims under contracts or grants, and protests of other »§t© of the authority, and contract claims, as tht ,I= matters delegated to the executive director, ?a final decision for purposes of judicial review. (Eff. '—/—, Register ) AAuthor tv: AS 42-45.045 AS 44.83 ).080 I W