reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 40 - NONPUBLIC EDUCATION › Section .0300 - ADMINISTRATION OF DRIVING ELIGIBILTY CERTIFICATES › Section 40 .0302 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
For the purposes of this Chapter, the following definitions
				  shall apply:
(1) "High school diploma
				or its equivalent" means a high school diploma issued by a non-public school
				which meets the requirements of G.S. 115C, Article 39 and also includes the
				General Equivalency Diploma or the adult high school diploma.
(2) "Making progress toward obtaining a high
				school diploma or its equivalent" means that the student must meet standards
				established by the chief administrator, or the chief administrator's designee,
				in the case of conventional nonpublic school or by the chief administrator of
				the home school or the educational program.
(3) "Substantial hardship" means a
				demonstrable burden on the student or the student's family as evidenced by
				circumstances such as the following:
(a) The
				parent/guardian is unable to drive due to illness or other impairment and the
				student is the only person of driving age in the household.
(b) The student requires transportation to
				and from a job that is necessary to the welfare of the student's family and the
				student is unable to obtain transportation by any means other than
				driving.
(c) The student has been
				unable to attend a conventional nonpublic school due to documented medical
				reasons, but the student demonstrates the ability to make progress toward
				obtaining a high school diploma or its equivalent.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 40 - NONPUBLIC EDUCATION › Section .0300 - ADMINISTRATION OF DRIVING ELIGIBILTY CERTIFICATES › Section 40 .0303 - ISSUANCE OF DRIVING ELIGIBILITY CERTIFICATES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Each conventional nonpublic school, home school and educational program shall
				be responsible for the issuance of driving eligibility certificates on forms
				that must be supplied only by the Division. The forms are
				non-transferable.
(b) Before any
				conventional nonpublic school or home school can issue a driving eligibility
				certificate, that school must have on file with the Division a currently valid
				Notice of Intent to Operate and must be in compliance with all laws and
				regulations applicable to conventional nonpublic schools or home schools which
				enroll students subject to compulsory attendance laws. Once the school is in
				compliance with such laws and regulations as apply to it, the driving
				eligibility certificate forms may be requested from, and supplied by, the
				Division.
(c) Before any
				educational program can issue a driving eligibility certificate, that program
				must have on file with the Division for at least six months:
(1) A letter stating the name of the
				educational program, its address and telephone number, and contact person;
				and
(2) Legal documentation in the
				form of a certified court order or judgment that the program was found to be in
				compliance with the Compulsory Attendance Law, G.S. 115C, Article 26, Part 1,
				prior to July 1, 1998.
Once the educational program is in compliance with such laws
				  and regulations as apply, to it, the driving eligibility certificate forms may
				  be requested from, and supplied by, the Division.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 40 - NONPUBLIC EDUCATION › Section .0300 - ADMINISTRATION OF DRIVING ELIGIBILTY CERTIFICATES › Section 40 .0304 - REVOCATION OF DRIVING ELIGIBILITY CERTIFICATES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Each nonpublic school and educational program shall revoke a driving
				eligibility certificate held by one of its students, no matter whether it was
				issued by that school or program or not:
(1)
				When the student fails to meet the requirements for the certificate set out in
				01 NCAC
				40 .0303; or
(2) When the student is no longer enrolled in
				the school or program and does not possess a high school diploma or its
				equivalent upon the student's removal from the school's or program's rolls, if
				the student will not be enrolled in another school (public, conventional
				nonpublic, home school, educational program or community college).
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 40 - NONPUBLIC EDUCATION › Section .0300 - ADMINISTRATION OF DRIVING ELIGIBILTY CERTIFICATES › Section 40 .0305 - STUDENT APPEALS PROCESS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each
				conventional nonpublic school and educational program that enrolls students
				that are at least 15 years of age shall establish a Driving Eligibility
				Certificate Appeals Committee to receive and act upon student protests that a
				driving eligibility certificate was improperly denied or revoked. All student
				protests shall be made within five days of the school's or program's decision
				and directed to the chief administrator of the conventional nonpublic school or
				educational program. The Appeals Committee shall:
(1) Be appointed by and serve at the pleasure
				of the chief administrator of the conventional nonpublic school or educational
				program, or the chief administrator's designee; and
(2) Consist of at least three members, each
				of which shall be a member of the school's or program's governing board,
				administration or staff, or a parent/guardian with a child currently enrolled
				in the school or program.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 41 - STATE ENERGY OFFICE › Subchapter A - ORGANIZATION › Section 41A .0101-.0103 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143B-429;
				  143B-430;
				  143B-431;
				  143B-449;
Emergency
				  Regulation Eff. March 6, 1978, for a period of 120 days to expire on July 3,
				  1978;
Made Permanent Eff. July 3, 1978;
Amended Eff.
				  April 1, 1991; May 15, 1979;
Transferred from
				  04 NCAC
				  12C .0102,
				  12C .0104,
				  12C .0106 Eff. May 15,
				  2007;
Expired Eff. March 1, 2019 pursuant to
				  G.S.
				  150B-21.3A.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 41 - STATE ENERGY OFFICE › Subchapter B - GUARANTEED ENERGY SAVINGS CONTRACTS › Section .0100 - GENERAL PROVISIONS › Section 41B .0101 - EXPIRED - RESPONSIBILITY

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-64.17A(c1);
					 143-64.17F;
					 143-64.17H;
Temporary
					 Adoption Eff. August 1, 2003;
Temporary Adoption Expired April 27,
					 2004.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 41 - STATE ENERGY OFFICE › Subchapter B - GUARANTEED ENERGY SAVINGS CONTRACTS › Section .0100 - GENERAL PROVISIONS › Section 41B .0102 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
This Subchapter shall apply to State governmental units
					 engaging in guaranteed energy savings contracts.
Authority
					 G.S.
					 143-64.17F;
					 143-64.17H;
					 143-64.17A(c1);
Temporary Adoption Eff. August 1, 2003;
Temporary Adoption Expired
					 April 27, 2004;
Eff. July 1, 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 41 - STATE ENERGY OFFICE › Subchapter B - GUARANTEED ENERGY SAVINGS CONTRACTS › Section .0100 - GENERAL PROVISIONS › Section 41B .0103 - EXPIRED - RULE MAKING AUTHORITY

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-64.17A(c1);
					 143-64.17F;
					 143-64.17H;
Temporary
					 Adoption Eff. August 1, 2003;
Temporary Adoption Expired April 27,
					 2004.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 41 - STATE ENERGY OFFICE › Subchapter B - GUARANTEED ENERGY SAVINGS CONTRACTS › Section .0100 - GENERAL PROVISIONS › Section 41B .0104 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
For the purposes of this Chapter, the following definitions
					 apply:
(1) Terms used herein that are
				  defined in
				  G.S.
				  143-64.17 shall have the same definitions as
				  in G.S.
				  143-64.17.
(2) "Agency." A North Carolina State
				  governmental unit that is soliciting, through a Request for Proposals (RFP), to
				  enter into a guaranteed energy savings contract.
(3) "Annual reconciliation statement." A
				  report disclosing shortfalls or surplus between guaranteed energy and
				  operational savings specified in the guaranteed energy savings contract and
				  actual energy and operational savings incurred during each 12 month term
				  commencing from the time that the energy conservation measures became fully
				  operational.
(4) "Contract." A
				  guaranteed energy savings contract.
(5) "Offer." The response to an RFP means the
				  same as "bid" or "proposal."
(6)
				  "Investment grade audit" or "investment grade analysis." A cost-benefit
				  analysis of energy efficiency investments including a review of potential cost
				  savings through operation and maintenance changes.
(7) "Life-cycle cost analysis." A method for
				  estimating the total cost of an energy-using component or building over its
				  useful life, including cost factors such as purchase price, or construction,
				  renovation, or leasing costs, energy use, maintenance, interest, and
				  inflation.
(8) "Measurement and
				  verification review." An examination of energy measures installed under each
				  contract, using methodology to measure the operation of energy-using systems
				  before and after change, to verify the performance and savings of the installed
				  equipment.
(9) "Qualified
				  provider." A person, business, or organization experienced in the design,
				  implementation, and installation of energy conservation measures and determined
				  by the administering and contracting agencies to have the capability in all
				  respects to fully perform the contract requirements.
Authority
					 G.S.
					 143-64.17F;
					 143-64.17H;
					 143-64.17A(c1);
Temporary Adoption Eff. August 1, 2003;
Temporary Adoption Expired
					 April 27, 2004;
Eff. July 1, 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 41 - STATE ENERGY OFFICE › Subchapter B - GUARANTEED ENERGY SAVINGS CONTRACTS › Section .0300 - SOLICITATIONS › Section 41B .0301 - NORTH CAROLINA PRODUCTS

Current through Register Vol. 39, No. 2, July 15, 2024
A preference for North Carolina products and services
					 provided by North Carolina residents pursuant to
					 G.S.
					 143-59 shall apply to Guaranteed Energy
					 Savings Contracts.
Authority
					 G.S.
					 143-64.17F;
Temporary Adoption
					 Eff. August 1, 2003;
Temporary Adoption Expires April 27,
					 2004;
Eff. August 1, 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 41 - STATE ENERGY OFFICE › Subchapter B - GUARANTEED ENERGY SAVINGS CONTRACTS › Section .0300 - SOLICITATIONS › Section 41B .0302 - SOLICITATION DOCUMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Agencies shall
				  solicit for guaranteed energy savings contracts through a Request for Proposal
				  (RFP).
(b) Agencies may use the RFP
				  template available from the State Energy Office at MSC 1340, Raleigh, NC
				  27699-1340.
(c) Solicitation
				  documents shall include a Treasurer's estimated cost of financing.
(d) Solicitation documents may allow for
				  qualified provider or third party financing.
(e) Solicitation documents may include a copy
				  of the Facilities Condition Assessment Program (FCAP) report covering part or
				  all of the facilities subject to the solicitation.
(f) Solicitation documents shall state the
				  evaluation criteria specified by
				  G.S.
				  143-64.17A(b) and (d) as
				  well as those in this Chapter. The documents shall also state the criteria
				  weighting defined by the agency for each particular project. Weighting may
				  change from one RFP to another RFP from an agency based upon the particular
				  needs of that agency.
(g)
				  Solicitation documents shall stipulate that employee or time savings cannot be
				  included in the offer unless a position is eliminated as a result of contract
				  implementation.
(h) Solicitation
				  documents shall stipulate that the qualified provider is responsible for all
				  costs incurred in preparing the initial proposal.
(i) Solicitation documents shall stipulate
				  that the contractor cannot include costs or allowances for contingencies in the
				  contract.
(j) Solicitation
				  documents may include a three-year history of usage and billing for all
				  utilities for the facilities subject to the proposal.
Authority
					 G.S.
					 143-64.17F;
					 143-64.17H;
Temporary
					 Adoption Eff. August 1, 2003;
Temporary Adoption Expired April 27,
					 2004;
Eff. July 1, 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 41 - STATE ENERGY OFFICE › Subchapter B - GUARANTEED ENERGY SAVINGS CONTRACTS › Section .0300 - SOLICITATIONS › Section 41B .0303 - TREASURER'S COST ESTIMATE OF FINANCING

Current through Register Vol. 39, No. 2, July 15, 2024
Agencies shall obtain an estimate of financing cost from
					 the Director of Debt Management, Office of the Treasurer. This estimate shall
					 not be binding upon the State and is subject to change by the Office of the
					 Treasurer. The Office of the Treasurer may reject any potential contract if the
					 actual cost of financing has exceeded the estimated cost of financing when the
					 contract is submitted to the Office of the Treasurer for
					 approval.
Authority
					 G.S.
					 143-64.17F;
Temporary Adoption
					 Eff. August 1, 2003;
Temporary Adoption Expired April 27,
					 2004;
Eff. July 1, 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 41 - STATE ENERGY OFFICE › Subchapter B - GUARANTEED ENERGY SAVINGS CONTRACTS › Section .0300 - SOLICITATIONS › Section 41B .0304 - GENERAL FUND PREFERENCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The agency
				  shall give preference to projects where the energy costs are paid through
				  General Fund appropriations as compared to receipts, or federal funds, or other
				  sources. This preference shall be stipulated in the solicitation
				  documents.
(b) Solicitation
				  documents shall include, when feasible, a breakdown of the source of funds for
				  energy costs and shall direct the vendors to break down savings by source of
				  funds if the aforementioned information is included in the solicitation
				  document.
(c) The Council of State
				  may give preference to projects where the energy costs are paid through General
				  Fund appropriations as compared to receipts, or federal funds, or other
				  sources.
Authority
					 G.S.
					 143-64.17F;
					 143-64.17H;
Temporary
					 Adoption Eff. August 1, 2003;
Temporary Adoption Expired April 27,
					 2004;
Eff. July 1, 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 41 - STATE ENERGY OFFICE › Subchapter B - GUARANTEED ENERGY SAVINGS CONTRACTS › Section .0300 - SOLICITATIONS › Section 41B .0305 - PROHIBITION ON FEDERAL FUNDS

Current through Register Vol. 39, No. 2, July 15, 2024
The agency shall not solicit proposals for projects that
					 include payment from federal funds unless the agency has obtained, and includes
					 in both the solicitation and contract, documentation from the Federal
					 Government or the Office of State Controller stating that the use of federal
					 funds for payment of the contract is authorized.
Authority
					 G.S.
					 143-64.17F;
Temporary Adoption
					 Eff August 1, 2003;
Temporary Adoption Expired April 27,
					 2004;
Eff. July 1, 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 41 - STATE ENERGY OFFICE › Subchapter B - GUARANTEED ENERGY SAVINGS CONTRACTS › Section .0300 - SOLICITATIONS › Section 41B .0306 - ADVERTISEMENT REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
In addition to advertising requirements stated in
					 G.S.
					 143-64.17A(a), agencies
					 shall send a copy to the State Energy Office at MSC 1340, Raleigh, NC 27699 and
					 shall include in the notification instructions on how to obtain the complete
					 solicitation.
Authority
					 G.S.
					 143-64.17F;
Temporary Adoption
					 Eff. August 1, 2003;
Temporary Adoption Expires April 27,
					 2004;
Eff. August 1, 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 41 - STATE ENERGY OFFICE › Subchapter B - GUARANTEED ENERGY SAVINGS CONTRACTS › Section .0300 - SOLICITATIONS › Section 41B .0307 - CONFERENCES/SITE VISITS

Current through Register Vol. 39, No. 2, July 15, 2024
Agencies may conduct vendor conferences and site visits
					 before the Request for Proposals closing date.
Authority
					 G.S.
					 143-64.17F;
Temporary Adoption
					 Eff. August 1, 2003;
Temporary Adoption Expires April 27,
					 2004;
Eff. July 1, 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 41 - STATE ENERGY OFFICE › Subchapter B - GUARANTEED ENERGY SAVINGS CONTRACTS › Section .0400 - PRECERTIFICATION OF PROVIDERS › Section 41B .0401 - INFORMATION REQUIRED FOR PRECERTIFICATION

Current through Register Vol. 39, No. 2, July 15, 2024
Organizations may establish capability to provide services
					 under performance contracts with state agencies by providing the following
					 information to the State Energy Office:
(1) past experience with energy performance
				  contracting with a minimum of three years operation and completed installation
				  of a minimum of three projects;
(2)
				  performance contracting experience and resumes of individuals expected to work
				  on North Carolina projects including a minimum of one professional engineer
				  licensed in North Carolina;
(3)
				  summary information, with client contact information, on all performance
				  contracting projects in North Carolina during the previous five years listing
				  only completed projects with at least one year in repayment;
(4) summary information, with client contact
				  information, on all performance contracts with any state government agencies in
				  the United States with a maximum of five projects for each of the previous five
				  years;
(5) summary information,
				  with client contact information, on any performance contracting projects which
				  resulted in the company paying energy costs to clients;
(6) summary of the history and operation of
				  the business and organization, including volume, bonding capacity and type of
				  clients; and
(7) financial
				  statements of the performance contracting organization and (if applicable)
				  parent company for the previous two years.
Authority
					 G.S.
					 143-64.17F;
Temporary Adoption
					 Eff. August 1, 2003;
Temporary Adoption Expires April 27,
					 2004;
Eff. August 1, 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 41 - STATE ENERGY OFFICE › Subchapter B - GUARANTEED ENERGY SAVINGS CONTRACTS › Section .0400 - PRECERTIFICATION OF PROVIDERS › Section 41B .0402 - PRECERTIFICATION EVALUATION

Current through Register Vol. 39, No. 2, July 15, 2024
Organizations shall present information required for
					 precertification to the State Energy Office with a request for consideration
					 for inclusion as a precertified entity. The State Energy Office shall offer a
					 precertification period for providers at three-year
					 intervals.
Authority
					 G.S.
					 143-64.17F;
Temporary Adoption
					 Eff. August 1, 2003;
Temporary Adoption Expires April 27,
					 2004;
Eff. August 1, 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 41 - STATE ENERGY OFFICE › Subchapter B - GUARANTEED ENERGY SAVINGS CONTRACTS › Section .0400 - PRECERTIFICATION OF PROVIDERS › Section 41B .0403 - CONTESTING PRECERTIFICATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If the State Energy Office denies an
				  organization's request for precertification, a written appeal from the
				  organization may be provided by the organization within 60 days after date of
				  notification of the denial. A letter appealing the decision may be filed with:
Director, State Energy Office
North Carolina Department of Administration
1830A Tillery Place MSC 1340
Raleigh, North Carolina 27699-1340
(b) In the event that an organization wishes
				  to contest the case further, contested case hearings are available as provided
				  in G.S. 150B, and petitions for contested case hearings shall be filed in
				  accordance with the provisions of that Chapter.
Authority
					 G.S.
					 143-64.17F;
Temporary Adoption
					 Eff. August 1, 2003;
Temporary Adoption Expired April 27,
					 2004;
Eff. July 1, 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 41 - STATE ENERGY OFFICE › Subchapter B - GUARANTEED ENERGY SAVINGS CONTRACTS › Section .0400 - PRECERTIFICATION OF PROVIDERS › Section 41B .0404 - PUBLISHED LIST OF PRECERTIFIED ENTITIES

Current through Register Vol. 39, No. 2, July 15, 2024
Organizations precertified by the State Energy Office to
					 provide services under performance contracts may be included on a list
					 available on the Website of the State Energy Office at
http://www.energync.net
.
Authority
					 G.S.
					 143-64.17F;
Temporary Adoption
					 Eff. August 1, 2003;
Temporary Adoption Expired April 27,
					 2004;
Eff. July 1, 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 41 - STATE ENERGY OFFICE › Subchapter B - GUARANTEED ENERGY SAVINGS CONTRACTS › Section .0400 - PRECERTIFICATION OF PROVIDERS › Section 41B .0405 - PRECERTIFIED ENTITY RESTRICTION

Current through Register Vol. 39, No. 2, July 15, 2024
Only precertified organizations may enter into a
					 performance contract with a state governmental agency.
Authority
					 G.S.
					 143-64.17F;
Temporary Adoption
					 Eff. August 1, 2003;
Temporary Adoption Expired April 27,
					 2004;
Eff. July 1, 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 41 - STATE ENERGY OFFICE › Subchapter B - GUARANTEED ENERGY SAVINGS CONTRACTS › Section .0500 - EVALUATION, SELECTION, AND AWARD › Section 41B .0501 - LATE OFFERS, MODIFICATIONS, OR WITHDRAWALS

Current through Register Vol. 39, No. 2, July 15, 2024
No late offer, late modification, or late withdrawal shall
					 be considered unless received before contract award, and the offer,
					 modification, or withdrawal would have been timely but for the action or
					 inaction of agency personnel. The offeror shall have his offer delivered on
					 time, regardless of the mode of delivery used, including the U.S. Postal
					 Service or any other delivery services available.
Authority
					 G.S.
					 143-64.17F;
Temporary Adoption
					 Eff. August 1, 2003;
Temporary Adoption Expired April 27,
					 2004;
Eff. July 1, 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 41 - STATE ENERGY OFFICE › Subchapter B - GUARANTEED ENERGY SAVINGS CONTRACTS › Section .0500 - EVALUATION, SELECTION, AND AWARD › Section 41B .0502 - EXTENSION OF ACCEPTANCE TIME

Current through Register Vol. 39, No. 2, July 15, 2024
Companies may be requested to extend the time offered for
					 the acceptance of offers.
Authority
					 G.S.
					 143-64.17F;
Temporary Adoption
					 Eff. August 1, 2003;
Temporary Adoption Expires April 27,
					 2004;
Eff. August 1, 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 41 - STATE ENERGY OFFICE › Subchapter B - GUARANTEED ENERGY SAVINGS CONTRACTS › Section .0500 - EVALUATION, SELECTION, AND AWARD › Section 41B .0503 - ERROR/CLARIFICATION

Current through Register Vol. 39, No. 2, July 15, 2024
When an offer contains an obvious error or otherwise where
					 an error is suspected, the circumstances may be investigated and then may be
					 considered and acted upon. Any action taken shall not prejudice the rights of
					 the public or other offering companies. Where offers are submitted
					 substantially in accordance with the request for response document but are not
					 entirely clear as to intent or to some particular fact or where there are other
					 ambiguities, clarification may be sought and accepted provided that, in doing
					 so, no change is permitted in prices.
Authority
					 G.S.
					 143-64.17F;
Temporary Adoption
					 Eff. August 1, 2003;
Temporary Adoption Expired April 27,
					 2004;
Eff. July 1, 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 41 - STATE ENERGY OFFICE › Subchapter B - GUARANTEED ENERGY SAVINGS CONTRACTS › Section .0500 - EVALUATION, SELECTION, AND AWARD › Section 41B .0504 - BASIS FOR REJECTION

Current through Register Vol. 39, No. 2, July 15, 2024
In soliciting offers, any and all offers received may be
					 rejected. Bases for rejection shall include, but are not limited to, the offer
					 being deemed unsatisfactory as to the quantity, quality, delivery, price or
					 service offered; the offer not complying with conditions in the RFP or with the
					 intent of the proposed contract; lack of competitiveness by reason of
					 collusion; error(s) in specifications or indication that revision(s) would be
					 to the state's advantage; cancellation of or changes in the intended project or
					 other determination that the proposed requirement is no longer needed;
					 limitation or lack of available funds; circumstances which prevent
					 determination of the lowest responsible or most advantageous offer; or any
					 determination that rejection would be to the best interest of the
					 state.
Authority
					 G.S.
					 143-64.17F;
Temporary Adoption
					 Eff. August 1, 2003;
Temporary Adoption Expires April 27,
					 2004;
Eff. August 1, 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 41 - STATE ENERGY OFFICE › Subchapter B - GUARANTEED ENERGY SAVINGS CONTRACTS › Section .0500 - EVALUATION, SELECTION, AND AWARD › Section 41B .0505 - PUBLIC RECORD

Current through Register Vol. 39, No. 2, July 15, 2024
Action in rejecting offers shall be made a matter of
					 record.
Authority
					 G.S.
					 143-64.17F;
Temporary Adoption
					 Eff. August 1, 2003;
Temporary Adoption Expired April 27,
					 2004;
Eff. July 1, 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 41 - STATE ENERGY OFFICE › Subchapter B - GUARANTEED ENERGY SAVINGS CONTRACTS › Section .0500 - EVALUATION, SELECTION, AND AWARD › Section 41B .0506 - RECIPROCAL PREFERENCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
										01 NCAC
				  05B .1522(a), (b), (c), (d),
				  and (g) shall apply to this Subchapter.
(b) If the use of the reciprocal preference
				  changes which bidder is the low bidder, the agency may waive the use of the
				  reciprocal preference, after consultation with the Council of State, and after
				  taking into consideration such factors as, competition, price, product
				  origination, and available resources.
Authority
					 G.S.
					 143-64.17F;
Temporary Adoption
					 Eff August 1, 2003;
Temporary Adoption Expired April 27,
					 2004;
Eff. July 1, 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 41 - STATE ENERGY OFFICE › Subchapter B - GUARANTEED ENERGY SAVINGS CONTRACTS › Section .0500 - EVALUATION, SELECTION, AND AWARD › Section 41B .0507 - PROPOSAL EVALUATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Evaluation
				  criteria shall include those specified by
				  G.S.
				  143-64.17A(b) and
				  (d).
(b) Evaluation criteria for the proposal
				  shall also include the following:
(1) Life
				  cycle cost analysis as defined in
				  G.S.
				  143-64.15.
(2) Certification by a registered engineer
				  that the measurement and verification protocol presented in the proposal is
				  capable of measuring actual or projected savings.
(3) A process of annual third party
				  measurement and verification of savings in accordance with the pre-defined and
				  certified protocol found in
				  01 NCAC
				  41B .0510. The cost of this process shall be
				  included in the total cost of the contract.
(4) The total cost based on Office of
				  Treasurer cost of financing estimate and cost based on Qualified Provider or
				  third party financing in the response.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 41 - STATE ENERGY OFFICE › Subchapter B - GUARANTEED ENERGY SAVINGS CONTRACTS › Section .0500 - EVALUATION, SELECTION, AND AWARD › Section 41B .0508 - PRE-AWARD REPORTS

Current through Register Vol. 39, No. 2, July 15, 2024
Before the award of a guaranteed energy savings contract,
					 the qualified provider shall provide a report, as part of its proposal, which
					 shall be available for public inspection, summarizing estimates of all costs of
					 installation, maintenance, repairs and debt service and estimates of the
					 amounts by which energy or operating costs will be reduced.
Authority
					 G.S.
					 143-64.17F;
Temporary Adoption
					 Eff. August 1, 2003;
Temporary Adoption Expired April 27,
					 2004;
Eff. July 1, 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 41 - STATE ENERGY OFFICE › Subchapter B - GUARANTEED ENERGY SAVINGS CONTRACTS › Section .0500 - EVALUATION, SELECTION, AND AWARD › Section 41B .0509 - EXPIRED - TABULATIONS AND ABSTRACTS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-64.17F;
Temporary Adoption
					 Eff. August 1, 2003;
Temporary Adoption Expired April 27,
					 2004.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 41 - STATE ENERGY OFFICE › Subchapter B - GUARANTEED ENERGY SAVINGS CONTRACTS › Section .0500 - EVALUATION, SELECTION, AND AWARD › Section 41B .0510 - MEASUREMENT AND VERIFICATION

Current through Register Vol. 39, No. 2, July 15, 2024
Any guaranteed energy and operational savings shall be
					 determined by using one of the measurement and verification methodologies
					 listed in the United States Department of Energy's "Measurement and
					 Verification Guideline for Energy Savings Performance Contracting," the
					 "International Performance Measurement and Verification Protocol," or "ASHRAE
					 14-2002." If due to existing data limitations or the nonconformance of specific
					 project characteristics, none of the measurement and verification methodologies
					 listed above is sufficient for measuring guaranteed savings, the qualified
					 provider shall develop an alternate method that is compatible with one of the
					 three and mutually agreeable with the agency.
Authority
					 G.S.
					 143-64.17F;
					 143-64.17H;
Temporary
					 Adoption Eff. August 1, 2003;
Temporary Adoption Expired April 27,
					 2004;
Eff. July 1, 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 41 - STATE ENERGY OFFICE › Subchapter B - GUARANTEED ENERGY SAVINGS CONTRACTS › Section .0500 - EVALUATION, SELECTION, AND AWARD › Section 41B .0511 - CONTRACT EXECUTION

Current through Register Vol. 39, No. 2, July 15, 2024
Contract execution by the successful companies shall occur
					 upon contract award and before the agency sends the documents to the Office of
					 State Budget and Management. Contracts shall stipulate that the execution is
					 contingent upon approval and financing. Upon execution, the agency shall
					 forward the documents to the Capital Improvement Section of the Office of State
					 Budget and Management with a copy to the Director of the State Energy
					 Office.
Authority
					 G.S.
					 143-64.17F;
Temporary Adoption
					 Eff. August 1, 2003;
Temporary Adoption Expired April 27,
					 2004;
Eff. July 1, 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 41 - STATE ENERGY OFFICE › Subchapter B - GUARANTEED ENERGY SAVINGS CONTRACTS › Section .0700 - APPROVAL › Section 41B .0701 - OFFICE OF STATE BUDGET AND MANAGEMENT CERTIFICATION

Current through Register Vol. 39, No. 2, July 15, 2024
The Office of State Budget and Management (OSBM) shall
					 certify, within 10 business days of receipt, expected availability of resources
					 and set up appropriate reserve accounts or other accounting procedures to
					 transfer funds from the agency to the Office of the Treasurer for payment. Upon
					 certification, the OSBM shall forward the documentation to the Office of the
					 Treasurer's Director of Debt Management.
Authority
					 G.S.
					 143-64.17F;
Temporary Adoption
					 Eff. August 1, 2003;
Temporary Adoption Expired April 27,
					 2004;
Eff. July 1, 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 41 - STATE ENERGY OFFICE › Subchapter B - GUARANTEED ENERGY SAVINGS CONTRACTS › Section .0700 - APPROVAL › Section 41B .0702 - OFFICE OF THE TREASURER APPROVAL

Current through Register Vol. 39, No. 2, July 15, 2024
The Office of the Treasurer shall, within 10 business days
					 of receipt, review the documentation and select the desired financing option.
					 Upon review and selection, the Treasurer shall forward the documentation to the
					 Secretary of the Department of Administration.
Authority
					 G.S.
					 143-64.17F;
Temporary Adoption
					 Eff. August 1, 2003;
Temporary Adoption Expired April 27,
					 2004;
Eff. July 1, 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 41 - STATE ENERGY OFFICE › Subchapter B - GUARANTEED ENERGY SAVINGS CONTRACTS › Section .0900 - POST-APPROVAL PROCEDURES › Section 41B .0901 - ANNUAL REPORTS AND INSPECTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The State Energy Office may inspect any and all documentation and facilities it
				  deems appropriate at the agency to determine the effectiveness of the
				  guaranteed energy savings contract and to provide information to the Council of
				  State and the General Assembly on the effectiveness of the contract.
(b) Agencies failing to provide documentation
				  to the State Energy Office as requested, shall be reported to the Council of
				  State and shall be prohibited from engaging in further energy savings contracts
				  until the deficient documentation is provided to the State Energy
				  Office.
(c) Requested information,
				  by definition, includes timely submission of the "Annual Report of Savings
				  Report" available from the State Energy Office at 1340 MSC, Raleigh, NC
				  27699-1340.
Authority
					 G.S.
					 143-64.17F;
					 143-64.17H;
Temporary
					 Adoption Eff. August 1, 2003;
Temporary Adoption Expired April 27,
					 2004;
Eff. July 1, 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 41 - STATE ENERGY OFFICE › Subchapter C - ENERGY IMPROVEMENT LOAN PROGRAM › Section .0200 - LOANS › Section 41C .0201 - ELIGIBILITY

Current through Register Vol. 39, No. 2, July 15, 2024
The following are eligible to apply for loans:
(1) A commercial or industrial business,
				  nonprofit organization, local government entity, or resident located in North
				  Carolina that owns the existing building or site of planned construction where
				  the energy conservation measures will be made, or that has a lease or
				  management agreement for the proposed building site or building extending
				  beyond the term of the loan. However, when the owner of the building or
				  building site authorizes the approved energy conservation measures, the lease
				  or management agreement need not extend beyond the term of the loan.
(2) A commercial or industrial business,
				  nonprofit organization, local government entity, or resident relocating to
				  North Carolina that owns the site of planned construction where the energy
				  conservation measures will be made, or that has a lease or management agreement
				  for such proposed building or building site extending beyond the term of the
				  loan. However, when the owner of the building or building site authorizes the
				  approved energy conservation measures, the lease or management agreement need
				  not extend beyond the term of the loan.
Authority
					 G.S.
					 143B-344.44(b)(3);
					 143B-344.44(b)(4);
Eff. September 1, 2004;
Readopted Eff. June 1,
					 2021.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 41 - STATE ENERGY OFFICE › Subchapter C - ENERGY IMPROVEMENT LOAN PROGRAM › Section .0200 - LOANS › Section 41C .0202 - CRITERIA FOR ENERGY CONSERVATION LOANS

Current through Register Vol. 39, No. 2, July 15, 2024
Energy conservation projects for which the loans are
					 desired shall meet the following criteria:
(1) The building site where the measures are
				  to be installed shall be in North Carolina.
(2) The project shall demonstrate in the
				  Technical Analysis the ability to conserve energy through efficient energy use
				  or the utilization of renewable energy resources that results in energy savings
				  based upon a net reduction in the use of nonrenewable resources. The energy
				  conservation measure shall be based on a Technical Analysis report as defined
				  in Rule .0101 of this Subchapter, conducted within the previous year.
(3) A maximum total loan indebtedness in
				  accordance with
				  G.S.
				  143B-344.44(b)(2).
(4) The project shall utilize commercially
				  available energy conservation measures.
(5) The installation of the energy
				  conservation measure may, at the discretion of the applicant, commence after
				  the Financial Services Division issues the Letter of Intent; however, the
				  origination of the loan shall still be subject to the conditions and
				  limitations of the Program, pursuant to Rule .0203 of this Section.
(6) The energy conservation measure shall be
				  demonstrated, within the Technical Analysis, to have a payback of less than one
				  over a period of 20 years or less.
(7) Each energy conservation measure shall be
				  demonstrated to have a payback of less than one over the useful life of the
				  energy conservation measure.
(8)
				  Eligible energy conservation measures shall fall under one of the following
				  categories:
(a) lighting systems;
(b) heating, ventilation, and air
				  conditioning systems;
(c)
				  electrical distribution systems (motors, variable speed drives, fans,
				  etc.);
(d) energy management
				  systems;
(e) boiler efficiency
				  systems;
(f) energy recovery
				  systems, including on-site generation of electricity;
(g) alternate/renewable energy
				  systems;
(h) building envelope
				  (doors, windows, roofs, etc.);
(i)
				  industrial process or fabrication systems;
(j) load management systems;
(k) fuel conversion projects;
(l) other demand-related improvements;
				  and
(m) recycling
				  projects.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 41 - STATE ENERGY OFFICE › Subchapter C - ENERGY IMPROVEMENT LOAN PROGRAM › Section .0200 - LOANS › Section 41C .0203 - LOAN PERCENTAGE AND CONDITIONS AND LIMITATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The interest rate on the loan shall be set pursuant to
				  G.S.
				  143B-344.44(c) by the State
				  Energy Office based on the following:
(1)
				  previous State Energy Office loan recipients get one percent deduction with
				  closed loans and no defaults to zero percent;
(2) loans made to residents and small
				  businesses shall receive a one percent interest rate;
(3) loans made to nonprofit organizations and
				  local governments projects shall receive a two percent interest rate;
				  and
(4) loans made to commercial
				  and industrial entities shall receive a three percent interest rate.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 41 - STATE ENERGY OFFICE › Subchapter C - ENERGY IMPROVEMENT LOAN PROGRAM › Section .0200 - LOANS › Section 41C .0204 - PRE-APPLICATION CONFERENCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The potential applicant shall schedule a pre-application conference with the
				  State Energy Office by email, telephone, or office visit at least one week
				  prior to submission of a project application. During the pre-application
				  conference, the parties shall:
(1) ensure the
				  application procedures are understood; and
(2) reach an understanding among all parties
				  that the project is eligible for approval in accordance with Rule .0202 of this
				  Section.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 41 - STATE ENERGY OFFICE › Subchapter C - ENERGY IMPROVEMENT LOAN PROGRAM › Section .0200 - LOANS › Section 41C .0205 - APPLICATION PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
The applicant shall complete an application on a form
					 provided by the Financial Service Division, which can be found at
					 http://portal.ncdenr.org/web/lr/state-energy-office. The application shall
					 contain the following information:
(1)
				  the name and mailing address, including the county, of the applicant;
(2) the address, building name (where
				  applicable) or site description, including photographs, to locate where the
				  energy conservation measure(s) will be installed;
(3) the name of a contact person, including
				  title and telephone number;
(4) the
				  loan amount requested;
(5) the
				  estimated dates of implementation and completion of the project;
(6) a copy of the Technical Analysis approved
				  by the State Energy Office;
(7)
				  identification of the commercial lending institution that is providing the
				  letter of credit, depository, and repayment services;
(8) commercial or industrial business,
				  nonprofit organizations, or local government entity applicants shall provide
				  financial data, including financial statements from the last five years and
				  profit and loss statements, on which to base a determination of the applicant's
				  creditworthiness. Residential applicants shall provide a credit
				  report.
Authority
					 G.S.
					 143B-344.44(b)(3);
					 143B-344.44(b)(4);
Eff. August 1, 2004;
Readopted Eff. June 1,
					 2021.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 41 - STATE ENERGY OFFICE › Subchapter C - ENERGY IMPROVEMENT LOAN PROGRAM › Section .0200 - LOANS › Section 41C .0206 - APPLICATION REVIEW

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Department
				  shall conduct concurrent administrative and Technical Analysis reviews as
				  follows:
(1) the administrative review shall
				  be conducted by the Financial Services Division and may include any financial
				  data or information needed to complete the review. Additional data may be
				  requested if the initial data is incomplete.
(2) the Technical Analysis review shall be
				  conducted by the State Energy Office and shall consider each energy
				  conservation measure for which funding is requested, including the accuracy of
				  energy calculations, engineering principles considered, and labor and material
				  costs relative to the current local market.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 41 - STATE ENERGY OFFICE › Subchapter C - ENERGY IMPROVEMENT LOAN PROGRAM › Section .0200 - LOANS › Section 41C .0207 - LOAN APPROVAL

Current through Register Vol. 39, No. 2, July 15, 2024
Following the review set forth in Rule .0206 of this
					 Section, the State Energy Office shall approve the application provided:
(1) the administrative and Technical Analysis
				  reviews satisfy the requirements of this Subchapter;
(2) the credit worthiness of the applicant is
				  established; and
(3) funds are
				  available.
Authority
					 G.S.
					 143B-344.44(b)(3);
					 143B-344.44(b)(4);
Eff. August 1, 2004;
Readopted Eff. June 1,
					 2021.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 41 - STATE ENERGY OFFICE › Subchapter C - ENERGY IMPROVEMENT LOAN PROGRAM › Section .0200 - LOANS › Section 41C .0208 - LOAN AGREEMENT AND PROMISSORY NOTE

Current through Register Vol. 39, No. 2, July 15, 2024
After an application for a loan is approved, a loan
					 agreement shall be executed between the Financial Services Division and the
					 borrower. The loan agreement shall include a promissory note and other
					 documents including security agreements, mortgages, and recordings. It shall
					 also contain the covenants and representations as to the borrower's
					 qualification to borrow for the loan, intended use of the loan proceeds,
					 conditions under which the loan will be repaid, as well as events requiring the
					 acceleration, the rights and responsibilities of the parties, and the terms and
					 conditions of the loan. The requirements to secure the loan shall be included
					 in the loan agreement. Loans shall be secured through bank letter of
					 credit.
Authority
					 G.S.
					 143B-344.44(b)(3);
					 143B-344.44(b)(4);
Eff. August 1, 2004;
Readopted Eff. June 1,
					 2021.