§ 1710.405 Eligible energy efficiency and conservation programs. ( a ) *General.* Eligible EE Programs shall: ( 1 ) Be developed and implemented by an Eligible borrower and applied within its service territory;
( 2 ) Consist of eligible activities and investments as provided in § 1710.406
( 3 ) Provide for the use of State and local funds where available to supplement RUS loan funds;
( 4 ) Incorporate the applicant's policy applicable to the interconnection of distributed resources;
( 5 ) Incorporate a business plan that meets the requirements of § 1710.407;
( 6 ) Incorporate a quality assurance plan that meets the requirements of § 1710.408;
( 7 ) Demonstrate that the program can be expected to be Cost effective;
( 8 ) Demonstrate that the program will have a net positive or neutral cumulative impact on the borrower's financial condition over the time period contemplated in the analytical support documents demonstrating that the net present value of program costs incurred by the borrower are positive, pursuant to § 1710.411;
( 9 ) Demonstrate energy savings or peak demand reduction for the service territory overall; and
( 10 ) Be approved in writing by RUS prior to the investment of funds for which reimbursement will be requested.
( b ) *Financial Structures.* Eligible EE Programs may provide for direct recoupment of expenditures for eligible activities and investment from Ultimate Recipients as follows: ( 1 ) Loans made to Ultimate Recipients located in a rural area where — ( i ) The Ultimate Recipients may be wholesale or retail;
( ii ) The loans may be secured or unsecured;
( iii ) The loan receivables are owned by the Eligible Borrower;
( iv ) The loans are made or serviced directly by the Eligible Borrower or by a financial institution pursuant to a contractual relationship between the Eligible Borrower and the financial institution;
( v ) Due diligence is performed to confirm the repayment ability of the Ultimate Recipient;
( vi ) Loans are funded only upon completion of the project financed or to reimburse startup costs that have been incurred;
( vii ) The rate charged the Ultimate Recipient is less than or equal to the direct Treasury rate established daily by the United States Treasury pursuant to § 1710.51(a)(1) or § 1710.52, as applicable, plus the borrower's interest rate from RUS and 1.5 percent . Exceptions will be made on a case-by-case basis to ensure repayment of the government's loan and must be clearly articulated in the business plan RUS will not accept an exception request if the loan is feasible at 1.5 percent; and
( viii ) Loans are not used to refinance a preexisting loan.
( 2 ) A tariff that is specific to an identified rural Consumer, premise or class of ratepayer; or
( 3 ) On bill repayment and other financial recoupment mechanisms as may be approved by RUS.
( c ) *Period of performance* — ( 1 ) *Performance standards.* ( i ) Eligible EE Programs activities that are listed under § 1710.406(b) should be designed to achieve the applicable operating performance standards within one year of the date of installation of the facilities.
( ii ) All activities other than those included in paragraph (c)(1)(i) of this section should be designed to achieve the applicable operating performance targets within the time period contemplated by the analytic support documents for the overall EE Program as approved by RUS.
( 2 ) *Cost effectiveness.* Eligible EE Programs must demonstrate that Cost effectiveness as measured for the program overall will be achieved within ten years of initial funding, except in cases where the useful life of the technology on an aggregate basis can be demonstrated to be longer than the ten year period. RUS will evaluate the useful life assumption on a case-by-case basis.