reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 108 - Financial and Technical Assistance for Energy Systems, Facilities, and Equipment › Article 2 - Circuit Rider Maintenance and Electrical Emergencies Programs › 3 AAC 108.240 - Conditions to receiving assistance

Current through May 31, 2024
As a condition to providing assistance under
					 3 AAC 108.200 - 3 AAC 108.240, the authority will
					 require the recipient to:
(1) execute
				  an agreement prepared by the authority that describes the terms and conditions
				  of the assistance;
(2) execute a
				  waiver of any sovereign immunity; and
(3) comply with other terms and conditions
				  that the authority determines are needed to maximize the public benefit from
				  the assistance provided.
In 2010 the revisor of statutes, acting under
						AS
						01.05.031, renumbered former
						AS
						42.45.400 as
						AS
						42.45.900. As of Register 197 (April 2011),
						the regulations attorney made a conforming technical revision under
						AS
						44.62.125(b)(6), to the
						authority citation that follows 3 AAC 108.240, so that the citation to former
						AS
						42.45.400 now refers to the renumbered
						statute, AS
						42.45.900.
Authority:
AS
						42.45.900
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 108 - Financial and Technical Assistance for Energy Systems, Facilities, and Equipment › Article 3 - Alternative Energy and Energy Efficiency Programs › 3 AAC 108.300 - Alternative energy and energy efficiency assistance provided by the authority

Current through May 31, 2024
(a) Subject to the availability of
				  appropriations, the authority may provide financial and technical assistance to
				  utilities, municipalities, schools districts, unincorporated villages,
				  community associations, Native corporations, councils organized under
				  25 U.S.C.
				  476, traditional councils, and businesses for
				  evaluation and development of sources of energy in the state for local
				  consumption and for evaluation, development, and installation of measures to
				  improve the efficient utilization of energy that is consumed locally.
(b) In providing assistance under 3 AAC 108.300 - 3 AAC 108.320, the authority will
				  give priority to those projects that show the greatest potential for reducing
				  communities' dependence on diesel fuel for power generation.
Authority:
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 108 - Financial and Technical Assistance for Energy Systems, Facilities, and Equipment › Article 3 - Alternative Energy and Energy Efficiency Programs › 3 AAC 108.310 - Alternative energy and energy efficiency assistance plan

Current through May 31, 2024
The authority will prepare, publish on its Internet web
					 site, and periodically update a biennial plan for providing alternative energy
					 and energy efficiency assistance under
					 3 AAC 108.300 -
					 3 AAC 108.320. In the plan the authority will include a
					 description of available money and money the authority plans to request for
					 alternative energy and energy efficiency assistance, the types of assistance
					 the authority provides and plans to provide, and the criteria for allocating
					 money that the authority uses and plans to use.
Authority:
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 108 - Financial and Technical Assistance for Energy Systems, Facilities, and Equipment › Article 3 - Alternative Energy and Energy Efficiency Programs › 3 AAC 108.320 - Conditions for receiving assistance

Current through May 31, 2024
As a condition to providing assistance under
					 3 AAC 108.300 - 3 AAC 108.320, the authority will
					 require the recipient to
(1) execute a
				  grant agreement prepared by the authority that describes the terms and
				  conditions of the assistance;
(2)
				  execute a waiver of any sovereign immunity;
(3) provide a cash match, property, services
				  or another form of contribution to the project; and
(4) comply with other terms and conditions
				  that the authority determines are needed to maximize the public benefit from
				  the assistance provided.
Authority:
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 108 - Financial and Technical Assistance for Energy Systems, Facilities, and Equipment › Article 4 - Village Energy Efficiency Program › 3 AAC 108.400 - Purpose

Current through May 31, 2024
Subject to the availability of appropriations, the
					 authority may provide financial assistance under 3 AAC 108.400 -
					 3 AAC 108.499 (village energy efficiency program) to
					 eligible applicants representing eligible communities to conduct energy audits,
					 implement cost-saving energy efficiency improvements in public buildings and
					 facilities, and implement conservation programs.
Authority:
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 108 - Financial and Technical Assistance for Energy Systems, Facilities, and Equipment › Article 4 - Village Energy Efficiency Program › 3 AAC 108.410 - Eligible communities and applicants

Current through May 31, 2024
(a) A community
				  with a population not greater than 8,000 residents is eligible for a village
				  energy efficiency program grant.
(b) An applicant committed to representing
				  the interests of the entire community in developing an effective work plan and
				  implementing energy efficiency and conservation measures to maximize cost
				  savings from the community's use of electricity and heating energy is eligible
				  to apply for and receive a village energy efficiency program grant. Eligible
				  applicants may include municipalities, school districts, unincorporated
				  villages, Native corporations, tribal consortiums recognized as nonprofit
				  entities under 26 U.C.S. 501(c)(3), regional housing authorities, councils
				  organized under 25 U.S.C.
				  476, and traditional councils.
Authority:
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 108 - Financial and Technical Assistance for Energy Systems, Facilities, and Equipment › Article 4 - Village Energy Efficiency Program › 3 AAC 108.420 - Eligible projects

Current through May 31, 2024
Village energy efficiency program grant money may be used
					 for the following types of energy efficiency and conservation projects:
(1) energy efficiency audits of public
				  buildings and facilities; not more than 30 percent of the grant money may be
				  used for energy efficiency audits;
(2) energy efficiency improvements to public
				  buildings and facilities, including those affecting the
(A) thermal envelope; improvements affecting
				  the thermal envelope include installing insulation or weather sealing, and
				  replacing windows and doors;
(B)
				  heating, domestic hot water, air conditioning, or ventilation
				  systems;
(C) lighting systems and
				  controls, both indoor and outdoor; and
(D) other electrical load of the building or
				  facility, including motors, pumps, water heaters, heat trace timers, occupancy
				  sensors, other control equipment, exit signs, refrigeration, appliances, and
				  other electric loads;
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 108 - Financial and Technical Assistance for Energy Systems, Facilities, and Equipment › Article 4 - Village Energy Efficiency Program › 3 AAC 108.430 - Public notice of application period; solicitation of grant applications

Current through May 31, 2024
(a) The
				  authority will publish public notice of the application period on the
				  authority's website, and on the Alaska Online Public Notice System
				  (AS
				  44.62.175). The authority may also publish
				  notice on or through other media outlets.
(b) In the public notice, the authority will
				  request grant applications and include a description of the application
				  requirements, including the date, time, place, and method for submitting
				  applications to the authority.
Authority:
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 108 - Financial and Technical Assistance for Energy Systems, Facilities, and Equipment › Article 4 - Village Energy Efficiency Program › 3 AAC 108.440 - Grant applications

Current through May 31, 2024
(a) A grant application must include
(1) the applicant's name and type of
				  entity:
(2) the name of the
				  community the applicant represents;
(3) a statement from the applicant of
				  community support for the applicant to represent the community related to the
				  village energy efficiency program grant;
(4) a description of proposed community
				  matching resources, and a demonstration of the ability of the applicant and
				  community to supply those contributions; and
(5) a statement of the applicant's commitment
				  to diligently work with other members of the community and the authority to
				  ensure all project components are completed;
(A) to maximize cost savings from the
				  community's use of electricity and heating energy; and
(B) in a timely, efficient and cost effective
				  manner, including providing regularly required reports to the
				  authority.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 108 - Financial and Technical Assistance for Energy Systems, Facilities, and Equipment › Article 4 - Village Energy Efficiency Program › 3 AAC 108.450 - Evaluation of grant applications

Current through May 31, 2024
(a) The authority
				  will evaluate and rank grant applications, with priority given to applications
				  representing eligible communities based upon each of the following criteria:
(1) the cost of electricity and heating
				  energy in the community;
(2) the
				  demand for energy in the community due to climate;
(3) whether or how recently financial
				  assistance from state or federal agencies has been provided to implement
				  end-use energy efficiency measures in public buildings and facilities in the
				  eligible community;
(4) the amount
				  of community matching resources offered to support the grant project;
(5) whether cost efficiencies may be achieved
				  by awarding and implementing a village energy efficiency program grant in
				  conjunction with another energy, energy efficiency, or energy conservation
				  program, or in conjunction with the timing of other community activities, such
				  as replacement schedules for large pieces of community equipment;
(6) the equitable geographic- and
				  population-based distribution of village energy efficiency program grants,
				  evaluated based upon the distribution of grants over the prior five
				  years;
(7) the administrative
				  capability of the applicant, including past performance on any previous grant
				  awards.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 108 - Financial and Technical Assistance for Energy Systems, Facilities, and Equipment › Article 4 - Village Energy Efficiency Program › 3 AAC 108.460 - Grant agreement

Current through May 31, 2024
(a) Before the authority will disburse any
				  grant money, the applicant must sign a grant agreement containing the terms and
				  conditions of the grant. A grant agreement must contain the terms and
				  conditions of the grant, including
(1) the
				  identity of the community the applicant represents;
(2) a statement whether the project will
				  include an energy audit;
(3) a
				  project work-plan, approved by the authority, that includes
(A) a description of the project, including
				  the energy efficiency improvements to be made to specified public buildings and
				  facilities, and any energy conservation measures to be implemented;
(B) activities to coordinate project planning
				  with members of the community;
(C)
				  a project schedule;
(D) a project
				  completion deadline; the deadline must be approximately three years from the
				  date of the first disbursement of grant money;
(E) a complete project budget from all
				  funding sources, including community matching resources;
(F) identification of allowable project
				  costs;
(G) a statement whether the
				  authority will procure a third-party service provider to perform the project
				  work and meet reporting requirements, or whether the grantee will administer
				  the project; and
(H) reporting
				  requirements for technical and economic data, project and budget reports, and
				  actual energy use data;
(4) identification of community matching
				  resources and procedures for verifying those contributions;
(5) requirements for the documentation of
				  expenditures and procurements;
(6)
				  requirements for the grantee's maintenance and retention of project
				  records;
(7) a waiver of sovereign
				  immunity from suit for claims related to the grant award, on a form approved by
				  the Department of Law; and
(8)
				  other terms and conditions that the authority determines are appropriate to
				  ensure the public purpose of, and maximize the public benefit from, the
				  grant.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 108 - Financial and Technical Assistance for Energy Systems, Facilities, and Equipment › Article 4 - Village Energy Efficiency Program › 3 AAC 108.470 - Project implementation

Current through May 31, 2024
(a) The village
				  energy efficiency program projects will generally be administered by the
				  authority. Except as provided in (b) of this section, after approving the grant
				  application, the authority will contract with third-party service providers to
				  implement the grant project.
(b)
				  The authority may allow the grantee, upon request, to implement the grant
				  project if the authority determines the grantee has previously successfully
				  managed and reported on projects of comparable size and complexity, and
				  demonstrates current capacity to successfully manage and report on the grant
				  project.
(c) The grantee or the
				  third-party service provider that is implementing the grant project shall be
				  responsible for
(1) coordinating project
				  planning with the grantee and members of the community, including assisting
				  with the determination of the most cost-effective energy efficiency and
				  conservation measures to implement;
(2) if included in the grant project,
				  conducting an energy audit for the community;
(3) implementing energy efficiency upgrades,
				  including contracting and installation;
(4) project administration; and
(5) reporting to the authority; reporting may
				  include technical and economic data, project and budget reports and actual
				  energy use data.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 108 - Financial and Technical Assistance for Energy Systems, Facilities, and Equipment › Article 4 - Village Energy Efficiency Program › 3 AAC 108.480 - Grant closeout

Current through May 31, 2024
Upon completion of the grant project, or termination of the
					 grant, the authority will close out the grant and the grantee shall return to
					 the authority any grant money not spent on project work under the terms and
					 conditions of the grant agreement.
Authority:
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 108 - Financial and Technical Assistance for Energy Systems, Facilities, and Equipment › Article 4 - Village Energy Efficiency Program › 3 AAC 108.490 - Reconsideration

Current through May 31, 2024
(a) An applicant whose grant application is
				  denied may request reconsideration to the executive director of the authority.
				  The request for reconsideration must be in writing, must state the basis for
				  reconsideration, and must be received by the authority not more than 10 days
				  after denial.
(b) The executive
				  director on reconsideration may accept or overturn the decision to deny the
				  grant application, or request additional information from the applicant before
				  making a decision. The decision of the executive director on reconsideration is
				  the final agency decision. If the executive director fails to issue a decision
				  within 30 days, the request for reconsideration is considered denied, unless
				  the executive director extends the time for reconsideration
Authority:
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 108 - Financial and Technical Assistance for Energy Systems, Facilities, and Equipment › Article 4 - Village Energy Efficiency Program › 3 AAC 108.499 - Definitions

Current through May 31, 2024
In
					 3 AAC 108.400 - 3 AAC 108.499, unless the context
					 requires otherwise,
(1) "American
				  Society of Heating, Refrigerating and Air-Conditioning Engineers Level II or
				  higher energy audit" means an energy audit that complies with guidance provided
				  by the American Society of Heating, Refrigerating and Air-Conditioning
				  Engineers in the publication
Procedures for Commercial Building Energy
				  Audits, Second Edition
(2011), adopted by reference, for a Level II or
				  higher energy audit;
(2)
				  "community" means a municipality or unincorporated village in which 25 or more
				  individuals reside as a social unit,
(3) "end-use energy efficiency measure"
(A) means an improvement made to a building
				  or facility that incorporates a technology or building practice that improves
				  the energy efficiency of that building or facility;
(B) includes lighting retrofits, increased
				  insulation, weather stripping, and automated controls;
(C) does not include behavior change programs
				  or other conservation measures;
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 108 - Financial and Technical Assistance for Energy Systems, Facilities, and Equipment › Article 5 - Commercial Building Energy Audit Program › 3 AAC 108.500 - Purpose

Current through May 31, 2024
Subject to the availability of appropriations, the
					 authority may provide financial assistance under 3 AAC 108.500 - 3 AAC 108.590
					 (commercial building energy audit program) to reimburse the owners of
					 commercial buildings in the state for the cost of energy audits of their
					 commercial buildings.
Authority:
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 108 - Financial and Technical Assistance for Energy Systems, Facilities, and Equipment › Article 5 - Commercial Building Energy Audit Program › 3 AAC 108.510 - Eligible applicants

Current through May 31, 2024
Any non-public owner of a commercial building located in
					 the state may apply for and receive a grant for reimbursement of up to the full
					 cost of a commercial energy audit under 3 AAC 108.500 - 3 AAC 108.590. An
					 eligible applicant may operate the applicant's commercial building on either a
					 for-profit or non-profit basis.
Authority:
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 108 - Financial and Technical Assistance for Energy Systems, Facilities, and Equipment › Article 5 - Commercial Building Energy Audit Program › 3 AAC 108.520 - Eligible energy audit

Current through May 31, 2024
A commercial building energy audit program grant may be
					 awarded to an eligible applicant for up to the total cost of a commercial
					 building energy audit that
(1) meets
				  or exceeds the standards of an American Society of Heating, Refrigerating and
				  Air-Conditioning Engineers Level II or higher energy audit; and
(2) is administered by an Association of
				  Energy Engineers certified energy auditor or certified energy manager, or
				  authority-approved equivalent.
Authority:
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 108 - Financial and Technical Assistance for Energy Systems, Facilities, and Equipment › Article 5 - Commercial Building Energy Audit Program › 3 AAC 108.525 - Grant amount

Current through May 31, 2024
(a) The amount of an approved grant will be
				  determined under the schedule in this subsection based on the square feet of
				  building size and whether the building has heating only or has heating,
				  ventilation, and air conditioning, with adjustments the authority makes under
				  (b) of this section:
Square feet
Buildings with heating
Building, with heating ventilation, and air only
								conditioning
Not more than 2,500
$1,800
$2,100
Not more than 5,000
$1,950
$2,325
Not more than 10,000
$2,300
$2,750
Not more than 15,000
$2,650
$3,175
Not more than 20,000
$3,000
$3,600
Not more than 30,000
$3,700
$4,450
Not more than 40,000
$4,400
$5,300
Not more than 50,000
$5,100
$6,150
More than 50,000
$5,800
$7,000
(b) The authority may adjust as follows the
				  grant amount determined under the schedule in (a) of this section:
(1) the actual amount of any grant may not
				  exceed the actual cost of the energy audit;
(2) the amount of a grant may be increased to
				  include reimbursement of up to the actual cost of travel required to complete
				  the energy audit if an Association of Energy Engineers certified energy auditor
				  or certified energy manager, or authority-approved equivalent, is not available
				  within 100 miles by road or the Alaska marine highway system of the applicant's
				  commercial building;
(3) the amount
				  of a grant may be decreased based upon the level of program funding
				  available.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 108 - Financial and Technical Assistance for Energy Systems, Facilities, and Equipment › Article 5 - Commercial Building Energy Audit Program › 3 AAC 108.530 - Public notice of application period; solicitation of applications

Current through May 31, 2024
(a) The
				  authority will publish public notice of the application period on the
				  authority's website, and on the Alaska Online Public Notice System
				  (AS
				  44.62.175). The authority may also publish
				  notice on or through other media.
(b) In the public notice, the authority will
				  request applications and include a description of the application requirements,
				  including the date, time, place, and method for submitting applications to the
				  authority.
Authority:
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 108 - Financial and Technical Assistance for Energy Systems, Facilities, and Equipment › Article 5 - Commercial Building Energy Audit Program › 3 AAC 108.540 - Grant application

Current through May 31, 2024
The authority will require the applicant to provide the
					 following documents and information regarding the commercial building:
(1) proof of private ownership and site
				  control;
(2) utility bills for the
				  prior 12 months' energy use, or self-reported statements certified by the
				  applicant if utility bills are not available;
(3) building location and size;
(4) building type as described in 3 AAC 108.550(c);
(5) a statement of
				  commitment to implementing some or all efficiency and conservation measures
				  that are recommended by the energy audit and that are determined economic by
				  the applicant.
Authority:
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 108 - Financial and Technical Assistance for Energy Systems, Facilities, and Equipment › Article 5 - Commercial Building Energy Audit Program › 3 AAC 108.550 - Grant evaluation

Current through May 31, 2024
(a) The authority will evaluate and rank
				  grant applications, with priority for funding based upon each of the following
				  criteria:
(1) whether the applicant and
				  commercial building meet the eligibility requirements;
(2) the annual energy use intensity of the
				  commercial building, as described in (c) of this section;
(3) geographical distribution of
				  grants;
(4) whether cost savings
				  and efficiencies may be obtained if the energy audit is conducted in
				  conjunction with another state program because the commercial building is
				  located in a community where one or more Association of Energy Engineers
				  certified energy auditors or certified energy managers or authority-approved
				  equivalents will travel under
				  3 AAC 108.400 -
				  3 AAC 108.499 (village energy efficiency program) or
				  another state program.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 108 - Financial and Technical Assistance for Energy Systems, Facilities, and Equipment › Article 5 - Commercial Building Energy Audit Program › 3 AAC 108.560 - Grant award and notice to proceed

Current through May 31, 2024
The authority will send a notice to proceed after an
					 applicant has been selected for a grant.
Authority:
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 108 - Financial and Technical Assistance for Energy Systems, Facilities, and Equipment › Article 5 - Commercial Building Energy Audit Program › 3 AAC 108.570 - Project implementation

Current through May 31, 2024
The grant recipient is responsible for each of the
					 following project activities after receiving a notice to proceed:
(1) hiring an energy auditor and notifying
				  the authority of the name and estimated date of the energy audit;
(2) being present for the energy
				  audit;
(3) providing utility bill
				  data and building use information;
(4) ensuring completion of the energy audit
				  in a reasonable amount of time;
(5)
				  paying the energy auditor after acceptance of the auditor's invoice;
(6) ensuring that the auditor submits by
				  electronic mail the audit report and energy use data directly to the authority
				  program manager;
(7) rating the
				  service of the energy auditor, and submitting the rating to the
				  authority;
(8) submitting a request
				  for grant reimbursement with a copy of the invoice paid and any other
				  documentation the authority determines necessary.
Authority:
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 108 - Financial and Technical Assistance for Energy Systems, Facilities, and Equipment › Article 5 - Commercial Building Energy Audit Program › 3 AAC 108.580 - Reconsideration

Current through May 31, 2024
(a) An applicant whose application is denied
				  may request reconsideration to the executive director of the authority. The
				  request for reconsideration must be in writing, must state the basis for
				  reconsideration, and must be received by the authority not more than 10 days
				  after denial.
(b) The executive
				  director on reconsideration may accept or overturn the decision to deny the
				  application, or request additional information from the applicant before making
				  a decision. The decision of the executive director on reconsideration is the
				  final agency decision. If the executive director fails to issue a decision
				  within 30 days, the request for reconsideration is considered denied, unless
				  the executive director extends the time for reconsideration.
Authority:
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 108 - Financial and Technical Assistance for Energy Systems, Facilities, and Equipment › Article 5 - Commercial Building Energy Audit Program › 3 AAC 108.590 - Definitions

Current through May 31, 2024
In 3 AAC 108.500 - 3 AAC 108.590, unless the context
					 requires otherwise,
(1) "American
				  Society of Heating, Refrigerating and Air-Conditioning Engineers Level II or
				  higher energy audit" means an energy audit that complies with guidance provided
				  by the American Society of Heating, Refrigerating and Air-Conditioning
				  Engineers in the publication
Procedures for Commercial Building Energy
				  Audits
, Second Edition (2011), adopted by reference, for a Level II or
				  higher energy audit;
(2)
				  "Association of Energy Engineers certified energy auditor or certified energy
				  manager" means an individual with the Certified Energy Auditor (CEA) or
				  Certified Energy Manager (CEM) certification offered through the Association of
				  Energy Engineers;
(3) "building
				  type definitions section of the
Commercial Building Energy Consumption
				  Survey
" means the section designated "Building Type Definitions" in
				  the United States Department of Energy, Energy Information Administration's
Commercial Building Energy Consumption Survey
, revised as of
				  2003; the building type definitions section of the
Commercial Building
				  Energy Consumption Survey
is adopted by reference;
(4) "commercial building" means a building
				  that is
(A) located in the state;
(B) privately owned, including a building
				  owned by a non-profit organization; and
(C) used for commercial purposes, including
				  office buildings, restaurants, grocery stores, warehouses, retail, medical
				  offices, hospitals, hotels, lodges, places of worship, and buildings used for
				  industrial, manufacturing, or other similar commercial uses;
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 108 - Financial and Technical Assistance for Energy Systems, Facilities, and Equipment › Article 6 - General Provisions › 3 AAC 108.900 - Notice of availability of assistance and status of programs

Current through May 31, 2024
The authority will publish and periodically update on its
					 Internet web site information on
(1)
				  solicitations for proposals, procedures for developing proposals and requesting
				  assistance under this chapter, and criteria that the authority uses to select
				  recipients of assistance;
(2)
				  available money for assistance under this chapter and allocation of available
				  money to projects;
(3) the status
				  of rural power system upgrades, bulk fuel storage facility upgrades,
				  alternative energy projects, and energy efficiency projects under this chapter;
				  and
(4) changes to programs for
				  providing assistance under this chapter considered or proposed by the
				  authority.
In 2010 the revisor of statutes, acting under
						AS
						01.05.031, renumbered former
						AS
						42.45.400 as
						AS
						42.45.900. As of Register 197 (April 2011),
						the regulations attorney made a conforming technical revision under
						AS
						44.62.125(b)(6), to the
						authority citation that follows 3 AAC 108.900, so that the citation to former
						AS
						42.45.400 now refers to the renumbered
						statute, AS
						42.45.900.
Authority:
AS
						42.45.900
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 108 - Financial and Technical Assistance for Energy Systems, Facilities, and Equipment › Article 6 - General Provisions › 3 AAC 108.910 - Protests

Current through May 31, 2024
(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.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 108 - Financial and Technical Assistance for Energy Systems, Facilities, and Equipment › Article 6 - General Provisions › 3 AAC 108.915 - Contract and grant claims

Current through May 31, 2024
(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, 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
				  signature of the claimant or the claimant's representative;
(3) identification of the contract or grant
				  at issue;
(4) a detailed statement
				  of the legal and factual grounds for the claim, including copies of relevant
				  documents; and
(5) a statement of
				  the remedy requested.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 108 - Financial and Technical Assistance for Energy Systems, Facilities, and Equipment › Article 6 - General Provisions › 3 AAC 108.920 - Appeals

Current through May 31, 2024
(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
				  procurement officer and other relevant information, and shall
(1) prepare a final decision or a recommended
				  decision for consideration by the board of directors of the
				  authority;
(2) conduct a hearing
				  and prepare a final decision or recommended decision for consideration by the
				  board of directors of the authority;
(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
(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 authority.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 108 - Financial and Technical Assistance for Energy Systems, Facilities, and Equipment › Article 6 - General Provisions › 3 AAC 108.990 - Definitions

Current through May 31, 2024
In this chapter, unless the context requires
					 otherwise,
(1) "alternative energy"
(a) means energy or fuel that is used for
				  production of electricity, heat, or mechanical power, and that is derived from
				  renewable or local sources other than liquid petroleum; and
(b) includes
(i) wind, solar, geothermal, hydroelectric,
				  and biomass power sources; and
(ii)
				  local sources of coal and natural gas;
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 109 - Procurement for Alaska Energy Authority Managed Grants › Article 1 - Roles and Responsibilities › 3 AAC 109.010 - Applicability

Current through May 31, 2024
(a) This chapter applies to procurement for
				  construction, supplies, services, and professional services for a project
				  conducted by the authority in managing a grant on behalf of a grantee. This
				  chapter applies only to procurements exempt from AS 36.30 (State Procurement
				  Code) under
				  AS
				  36.30.850(b)(1).
(b) This chapter applies only to procurements
				  initiated on or after July 10, 2015.
Authority:
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 109 - Procurement for Alaska Energy Authority Managed Grants › Article 1 - Roles and Responsibilities › 3 AAC 109.020 - General standards for procurements on behalf of a grantee

Current through May 31, 2024
This chapter sets out procedures for the authority to
					 conduct procurements on behalf of grantees in a manner that
(1) provides for the needs of the
				  grantee;
(2) is efficient,
				  cost-effective, and consistent; and
(3) is justifiable to potential bidders,
				  offerors, and contractors.
Authority:
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 109 - Procurement for Alaska Energy Authority Managed Grants › Article 1 - Roles and Responsibilities › 3 AAC 109.030 - Roles and responsibilities

Current through May 31, 2024
(a) The executive
				  director is vested with and may exercise all of the rights, powers, and duties
				  that relate to the management of construction, supplies, services, an
				  professional services procured under this chapter by the authority on behalf of
				  a grantee.
(b) The executive
				  director may delegate to other qualified employees of the authority any right,
				  power, or duty described in (a) of this section, except that the executive
				  director shall retain the right, power, and duty to consider appeals of
				  protests under
				  3 AAC 109.570.
(c) The executive director in exercising any
				  right, power or duty described in (a) of this section shall
(1) appoint a chief procurement officer for
				  the authority for procurements under this chapter; and
(2) take actions necessary to resolve any
				  protest appeal under
				  3 AAC 109.570 or any appeal of a contract claim under
				  3 AAC 109.590.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 109 - Procurement for Alaska Energy Authority Managed Grants › Article 1 - Roles and Responsibilities › 3 AAC 109.040 - Applicability of other terms and conditions

Current through May 31, 2024
Nothing in this chapter prevents the authority from
					 complying with the terms and conditions of a grant, gift, bequest, cooperative
					 agreement, or federal assistance agreement.
Authority:
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 109 - Procurement for Alaska Energy Authority Managed Grants › Article 2 - Source Selection General Requirements › 3 AAC 109.060 - Nondiscrimination in source selection

Current through May 31, 2024
Source selection and contract awards may not be based on
					 discrimination because of race, religion, color, national origin, sex, age,
					 marital status, pregnancy, parenthood, disability, or political
					 affiliation.
Authority:
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 109 - Procurement for Alaska Energy Authority Managed Grants › Article 2 - Source Selection General Requirements › 3 AAC 109.070 - Exclusion of prospective contractor from competition

Current through May 31, 2024
(a) A Procurement
				  officer may issue a competitive solicitation that prohibits an individual or
				  contractor from submitting a bid or proposal if
(1) the procurement officer makes a
				  determination that the contractor or individual assisted in drafting the
				  invitation to bid or request for proposal and gained substantial information
				  regarding the invitation to bid or request for proposal that is not available
				  to other bidders or offerors;
(2)
				  the contractor or individual is listed on any state or federal list of debarred
				  contractors;
(3) the contractor or
				  individual has headquarters in a country listed in Tier 3 of the most recent
				  Trafficking in Persons Report published by the United States Secretary of State
				  under 22 U.S.C.
				  7107(b)(1)(C);
(4) the contractor or individual would only
				  act as a broker in supplying the goods or services and not add value to the
				  transaction; or
(5) award to a
				  specific contractor or individual could create a conflict of interest that
				  would compromise the objectivity or purposes of the contract.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 109 - Procurement for Alaska Energy Authority Managed Grants › Article 2 - Source Selection General Requirements › 3 AAC 109.080 - Lists of contractors

Current through May 31, 2024
For the purpose of providing notice for competitive bids
					 and proposals, the chief procurement officer may establish and maintain contact
					 information for contractors who have expressed an interest in doing business
					 with the authority.
Authority:
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 109 - Procurement for Alaska Energy Authority Managed Grants › Article 2 - Source Selection General Requirements › 3 AAC 109.090 - Specifications

Current through May 31, 2024
(a) The purpose of a specification is to
				  serve as a basis for obtaining, in an efficient, cost-effective, and consistent
				  manner, a supply, service, or construction item suitable for the needs of the
				  grantee.
(b) The chief procurement
				  officer shall monitor the content and use of specifications for supplies,
				  services, professional services, and construction required under this
				  chapter.
(c) The chief procurement
				  officer may obtain expert advice and assistance in the development of
				  specifications and establish operational procedures governing the testing and
				  trial use of equipment, materials, and other supplies by the authority, and the
				  application of resulting information and data to specifications or
				  procurements.
(d) Specifications
				  must promote overall economy for the purposes intended, encourage competition
				  in satisfying the needs of the grantee, and to the extent practicable,
				  emphasize functional or performance criteria necessary to meet the needs of the
				  grantee, and may not be unduly restrictive. The requirements of this subsection
				  regarding the purposes and nonrestrictiveness of specifications apply to all
				  specifications, including those prepared by architects, engineers, designers,
				  and other professionals.
(e) Except
				  for small procurements under
				  3 AAC 109.460, a specification that limits the
				  procurement of items to a single manufacturer's name or catalog number may be
				  used only if the procurement officer determines in writing that only the
				  identified brand name item or items will satisfy the needs of the
				  grantee.
(f) The procurement
				  officer may use brand name or equal specifications for the purpose of
				  identifying the performance and functional requirements of a
				  commodity.
(g) The procurement
				  officer shall procure standard commercial products if practicable. Under the
				  direction of the chief procurement officer, the authority may develop and
				  maintain a list of standard commercial products.
Authority:
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 109 - Procurement for Alaska Energy Authority Managed Grants › Article 2 - Source Selection General Requirements › 3 AAC 109.100 - Contract terms and conditions

Current through May 31, 2024
(a) The chief
				  procurement officer may determine the contractual provisions, terms, and
				  conditions of solicitations and contracts, if the provisions, terms, and
				  conditions are not contrary to statutory or regulatory requirements or the
				  federal funding source governing the procurement.
(b) The chief procurement officer shall
				  develop and maintain standard contract terms subject to review and approval as
				  to form by the attorney general. Modification of these standard terms is
				  subject to review and approval as to form by the attorney general.
(c) Contractual terms and conditions may not
				  have the effect of unnecessarily limiting competition or exclusively requiring
				  a proprietary supply, service, or construction item resulting in procurement
				  from a single source unless no other requirement will suffice.
(d) The standard contract terms will be
				  included or referenced in all invitations to bid under
				  3 AAC 109.220 and requests for proposals under
				  3 AAC 109.350.
Authority:
AS
						44.83.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 14 - Alaska Energy Authority › Chapter 109 - Procurement for Alaska Energy Authority Managed Grants › Article 2 - Source Selection General Requirements › 3 AAC 109.110 - Construction project delivery methods

Current through May 31, 2024
(a) One or more of
				  the following project delivery methods may be used for procurements related to
				  design; construction, routine repair, maintenance, management, or operations
				  for projects or facilities of the grantee:
(1) design-bid-build;
(2) construction management;
(3) construction management with the general
				  contractor at risk;
(4)
				  design-build;
(5)
				  design-build-operate-maintain;
(6)
				  design-build-finance-operate;
(7)
				  any variation of the methods described in (1) - (6) of this
				  subsection.