§ 4280.113 - Project eligibility.  


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  • § 4280.113 Project eligibility.

    For a project to be eligible to receive a RES or EEI grant under this subpart, the proposed project must meet each of the requirements specified in paragraphs (a) through (fe) of this section.

    (a) Be

    Subsequent EEI projects must meet the requirements specified in paragraph (a)(5)(ii) of this section. The applicant is cautioned against taking any actions or incurring any obligations prior to the Agency completing the environmental review that would either limit the range of alternatives to be considered or that would have an adverse effect on the environment, such as the initiation of construction. If the applicant takes any such actions or incurs any such obligations, it could result in project ineligibility.

    (a) The project must be for:

    (1) The purchase of a new RES;

    (2) The purchase of a Refurbished refurbished RES;

    (3) The Retrofitting retrofitting of an existing RES; or

    (4) For the purposes of this subpart, only those hydroelectric sources with a rated power of 30 megawatts or less are eligible, or

    (5) Making an EEI that will

    use

    allow less energy to be used on an annual basis than the original building and/or equipment

    that it will improve or replace as

    being improved or replaced as provided in a vendor/installer certification or as demonstrated in an

    Energy Assessment or Energy Audit

    energy assessment or energy audit as applicable.

    (i) Types of improvements. Eligible EEI include, but are not limited to:

    (A) Efficiency improvements to existing RES; and

    (B) Construction of a new energy efficient building only when the building is used for the same purpose as the existing building, and, based on an

    Energy Assessment or Energy Audit

    energy assessment or energy audit, as applicable, it will be more cost effective to construct a new building and will use less energy on annual basis than improving the existing building.

    (ii) Subsequent

    Energy Efficiency Improvements

    EEI projects. A proposed EEI project that replaces

    or duplicates

    an EEI project previously funded under this subpart may or may not be eligible for funding.

    (A) If the proposed EEI project would replace

    or duplicate

    the same specific EEI equipment that had previously received funds under this subpart prior to the end of the useful life, as specified in the Financial Assistance Agreement,

    of that same EEI,

    then the proposed improvement project, even if it is more energy efficient than the previously funded improvement, is ineligible.

    Example: An Applicant received a REAP grant to replace an exhaust fan

    (

    exhaust fan A) in a barn with a more energy efficient exhaust fan (exhaust fan

    B)

    with an expected useful life of 15 years, as specified in the Financial Assistance Agreement.

    If the

    Applicant decides to replace exhaust fan B after 8 years (i.e., before it has reached the end of its useful life as specified it the Financial Assistance Agreement), an application for exhaust fan C to replace exhaust fan B would be ineligible for funding under this subpart even if exhaust fan C is more energy efficient than exhaust fan B. (B) If the proposed EEI would replace or duplicate the same EEI

    proposed EEI project would replace the same specific EEI equipment that had previously received funds under this subpart at or after the end of the useful life, as specified in the Financial Assistance Agreement,

    of that same EEI,

    then the proposed improvement is eligible for funding under this subpart provided

    it

    the EEI is more energy efficient than the previously funded improvement. If the proposed EEI is not more energy efficient than the previously funded improvement, then it is not eligible for funding under this subpart.

    (b) Be for a Commercially Available The project must utilize commercially available technology;

    (c) Have The project must have technical merit, as determined using the procedures specified in § 4280.116117; and

    (d) Be The project must be located in a Rural Area rural area in a State if the type of Applicant applicant is a Rural Small Businessrural small business, or in a Rural rural or non-Rural Area rural area in a State if the type of Applicant is an Agricultural Producerapplicant is an agricultural producer and the application supports the production, processing, vertical integration, or marketing of agricultural products. If the Agricultural Produceragricultural producer's operation is in a non-Rural Arearural area, then the application can only be for RES or EEI on components of the business operation that are directly related to and their use and purpose is limited to the agricultural production operation, such as vertically integrated operations, and are part of and co-located with the agricultural production operation.

    (e) For an a RES project in which , where a residence is closely associated with and shares an energy metering device with a Rural Small Business, where the residence is located at the place of business, or agricultural operation, the application is eligible if the applicant can document that one of the options specified an agricultural operation or rural small business to be served by the RES project, 50 percent or more of the energy to be generated by the RES project must be used by the agricultural operation or rural small business. This also includes projects which will virtually net meter or credit energy to be generated by the RES project to a residence off-site from the project and owned by the applicant. The application must contain sufficient documentation to evaluate this provision which may include using either of the methods identified in paragraphs (e)(1) through (32) of this section is met: .

    (1) Installation of a second meter (or similar device) that results in all of the energy generated by the RES being used for non-residential energy usage;

    (2) Certification is provided in the application that any excess power generated by the RES will be sold to the grid and will not be used by the Applicant for residential purposes; or

    (3) Demonstration that 51 percent or greater of the energy to be generated will benefit the Rural Small Business or agricultural operation. The Applicant must provide documentation that includes, but is not limited to, the following:

    (i) A Renewable Energy Site Assessment; or

    (ii) The amount of energy that is used by the residence and the amount that is used by the Rural Small Business or agricultural operation. Provide documentation, calculations, etc. to support the breakout of energy amounts

    Provide a renewable energy site assessment or other documentation including calculations that demonstrate, based on historical energy use, that 50 percent or more of the energy to be produced by the RES project will be used in the agricultural operation or rural small business. This includes documentation on historical residential energy use. The Agency may request additional data to determine residential versus business or agricultural operation usage

    ; and (iii)

    . The actual percentage of energy determined to benefit the

    Rural Small Business

    rural small business or agricultural operation will be

    the basis

    used to determine eligible project costs

    .

    ; or

    (

    f

    2) The

    Applicant is cautioned against taking any actions or incurring any obligations prior to the Agency completing the environmental review that would either limit the range of alternatives to be considered or that would have an adverse effect on the environment, such as the initiation of construction. If the Applicant takes any such actions or incurs any such obligations, it could result in project ineligibility

    applicant may install, or elect to conditionalize funding upon the installation of, a device (such as a second meter) that restricts 100 percent of the energy generated by the RES project to be used only by the agricultural operation or rural small business.

    (f) An applicant is permitted to use up to 10 percent of the amount provided under this subpart to construct, improve, or acquire broadband infrastructure, subject to the requirements of 7 CFR 1980, Subpart M, Special Authority to Enable Funding of Broadband and Smart Utility Facilities Across Select Rural Development Programs.