FYI - Sent to me by Mike Pelly.

[Federal Register: April 8, 2003 (Volume 68, Number 67)]
[Notices]
[Page 17009-17018]
 From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08ap03-38]

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DEPARTMENT OF AGRICULTURE

Rural Business-Cooperative Service


Notice of Funds Availability (NOFA) Inviting Applications for the
Renewable Energy Systems and Energy Efficiency Improvements Grant
Program

AGENCY: Rural Business-Cooperative Service, USDA.

ACTION: Notice.

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SUMMARY: The Rural Business-Cooperative Service (RBS) announces the
availability of $23 million in competitive grant funds for fiscal year
(FY) 2003 to purchase renewable energy systems and make energy
improvements for agricultural producers and rural small businesses. In
order to be eligible for grant funds, the agricultural producer or
rural small business must demonstrate financial need. The grant request
must not exceed 25 percent of the eligible project costs.

DATES: Applications must be completed and submitted to the appropriate
United States Department of Agriculture (USDA) State Rural Development
Office postmarked no later than June 6, 2003. Applications postmarked
after June 6, 2003, will be returned to the applicant with no action.
Comments regarding the information collection requirements under the
Paperwork Reduction Act of 1995 must be received on or before June 9,
2003.

ADDRESSES: Submit proposals to the USDA State Rural Development Office
where your project is located or, in the case of a rural small
business, where you are headquartered. A list of the Energy
Coordinators and State Rural Development Office addresses and telephone
numbers follow. For further information about this solicitation, please
contact the applicable State Office.

Oregon

Don Hollis, USDA Rural Development
1229 SE Third Street, Suite A
Pendleton, OR 97801-4198
(541) 278-8049, Ext. 129


SUPPLEMENTARY INFORMATION:

Background

This solicitation is issued pursuant to enactment of the Farm
Security and Rural Investment Act of 2002 (2002 Act), which established
the Renewable Energy Systems and Energy Efficiency Improvements Program
under Title IX, Section 9006. The 2002 Act requires the Secretary of
Agriculture to create a program to make direct loans, loan guarantees,
and grants to agricultural producers and rural small businesses to
purchase renewable energy systems and make energy efficiency
improvements. The program is designed to help agricultural producers
and rural small businesses reduce energy costs and consumption and help
meet the nation's critical energy needs. The 2002 Act also mandates the
maximum percentage RBS will provide in funding for these types of
projects. The RBS grant will not exceed 25 percent of the eligible
project costs and will be made only to those who demonstrate financial
need. Due to the time constraints for implementing this program, RBS
has decided to institute only the grant program for FY 2003.


Definitions applicable to this NOFA

Agricultural Producer--An individual or entity directly engaged in
the production of agricultural products, including crops (including
farming); livestock (including ranching); forestry products;
hydroponics; nursery stock; or aquaculture, whereby 50 percent or
greater of their gross income is derived from the operations.
Annual receipts--Total income or gross income (sole proprietorship)
plus cost of goods sold.
Biogas--Biomass converted to gaseous fuels.
Biomass--Any organic material that is available on a renewable or
recurring basis including agricultural crops; trees grown for energy
production; wood waste and wood residues; plants, including aquatic
plants and grasses; fibers; animal waste and other waste materials; and
fats, oils, and greases, including recycled fats, oils, and greases. It
does not include paper that is commonly recycled or unsegregated solid
waste.
Capacity--The load that a power generation unit or other electrical
apparatus or heating unit is rated by the manufacturer to be able to
meet or supply.
Capacity Factor--The ratio of the average load on (or power output
of) a generating unit or system to the capacity rating of the unit or
system over a specified period of time.
Commercially Available--Systems that have a proven operating
history and an established design, installation, equipment, and service
industry.
Demonstrated Financial Need--The applicant must demonstrate that it
is unable to finance the project from its own resources or other
funding sources without grant assistance.
Eligible Project Cost--Total project costs that are eligible to be
paid with grant funds.
Energy Audit--A written report by an independent, qualified entity
or individual that documents current energy usage, recommended
improvements and their costs, energy savings from these improvements,
dollars saved per year, and the weighted-average payback period in
years.
Energy Efficiency Improvement--Improvements to a facility or
process that reduce energy consumption.
Financial Feasibility--The ability of the business to achieve the
projected income and cash flow. An assessment of the cost-accounting
system, the availability of short-term credit for seasonal business,
and the adequacy of raw materials and supplies.
Grant Close Out--When all required work is completed,
administrative actions relating to the completion of work and
expenditures of funds have been accomplished, and RBS accepts final
expenditure information.
In-kind Contributions--Applicant or third-party real or personal
property or services benefiting the Federally assisted project or
program that are contributed by the applicant or a third party.
Interconnection Agreement--The terms and conditions governing the
interconnection and parallel operation of the applicant's electric
generation equipment and the utility's electric power system. Other
services required by the applicant from the utility are covered under
separate arrangements.
Leveraged Funds--The funds needed to pay for the portion of the
eligible project costs of the project not paid for by a grant awarded
under this program.
Other Waste Materials--Inorganic or organic materials that are used
as inputs for energy production or are by-products of the energy
production process.
Power Purchase Arrangement--The terms and conditions governing the
sale and transportation of electricity produced by the applicant to
another party. Other services are covered under separate arrangements.
Pre-commercial Technology--Technologies that have emerged through
the research and development process and have technical and economic
potential for application in commercial energy markets but are not yet
commercially available.
Renewable Energy--Energy derived from a wind, solar, biomass, or
geothermal source or hydrogen derived from biomass or water using wind,
solar, or geothermal energy sources.
Renewable Energy System--A process that produces energy from a
renewable energy source.
Rural--Any area other than a city or town that has a population of
greater than 50,000 inhabitants and the urbanized area contiguous and
adjacent to such a city or town.
Small Business--A private entity including a sole proprietorship,
partnership, corporation, and a cooperative (including a cooperative
qualified under section 501(c)(12) of the Internal Revenue Code) but
excluding any private entity formed solely for a charitable purpose,
and which private entity is considered a small business concern in
accordance with the Small Business Administration's Small Business Size
Standards by North American Industry Classification System (NAICS)
Industry found in 13 CFR 121; provided the entity has 500 or fewer
employees and $20 million or less in total annual receipts including
all parent, affiliate, or subsidiary entities at other locations.
Total Project Cost--The sum of all costs associated with a
completed, operational project.

Grant Amounts

The amount of funds available for this program in FY 2003 is $23
million. RBS grant funds may be used to pay up to 25 percent of the
eligible project costs. Half of the funds will be available for
renewable energy systems and the other half for energy efficiency
improvement projects. USDA may reallocate funds between the renewable
energy systems and the energy efficiency improvement funds.
Applications for renewable energy systems must be for a minimum grant
request of $10,000, but no more than $500,000. Applications for energy
efficiency improvements must be for a minimum grant request of $10,000,
but no more than $250,000. The actual number of grants funded will
depend on the quality of proposals received and the amount of funding
requested. These limits are consistent with energy efficiency
improvement projects and alternative energy systems, which the
Department has determined are appropriate for agricultural producers
and rural small businesses. Grant limitations were based on historical
data supplied from Department of Energy, Environmental Protection
Agency and Rural Utilities Service on renewable energy systems and from
an energy efficiency state program for energy efficiency improvements.

Applicant Eligibility

An eligible applicant must be an agricultural producer or rural
small business. Individual applicants must be citizens of the United
States (U.S.) or reside in the U.S. after being legally admitted for
permanent residence. Entities must be at least 51 percent owned,
directly or indirectly, by individuals who are either citizens of the
U.S. or reside in the U.S. after being legally admitted for permanent
residence. The applicant must also have demonstrated financial need. In
the case of an applicant that is applying as a rural small business,
the business headquarters must be in a rural area and the project to be
funded also must be in a rural area. Adverse actions made on
applications are appealable pursuant to 7 CFR part 11.

Project Eligibility

The proposed project must be for the purchase of a renewable energy
system or to make energy efficiency
improvements and located in a rural area. The applicant must be the
owner of the system and control the operation of the proposed project.
A third-party operator may be used to manage the operation or proposed
project. Grant funds are not for research and development; therefore,
they will only be used for commercial or pre-commercial technology.
All projects financed under this NOFA must be based on satisfactory
sources of revenues in an amount sufficient to provide for the
operation and maintenance of the system or project.
A proposed renewable energy system can use up to 25 percent of
total energy input from a nonrenewable energy source for necessary and
incidental requirements of the energy system. No other use of non-
renewable energy inputs will be allowed for projects funded under this
program.
Eligible projects for energy efficient improvements must conserve
energy equal to 15 percent of at least the last 12 months usage and pay
for itself within 11 years or less through energy cost savings.
RBS is required to assess the potential environmental impacts of a
proposed action prior to commitment of Federal financial resources to
the project. This environmental review is consistent with the Council
on Environmental Quality's (CEQ) regulations for implementing the
procedural provisions of the National Environmental Policy Act. Any
required environmental review must be completed prior to RBS obligating
any grant funds. The taking of any actions or incurring any obligations
during the time of application or application review and processing
which would either limit the range of alternatives to be considered or
which would have an adverse effect on the environment, such as the
initiation of construction, will result in project ineligibility.
Environmental review will be accomplished pursuant to RBS
environmental regulations found at 7 CFR part 1940, subpart G or
successor regulations. A site visit will be scheduled, if necessary, to
determine the scope of the review. The applicant will be notified
regarding the level of review required. If an environmental review
cannot be completed in sufficient time for grant funds to be obligated
by September 30, 2003, grant funds will not be awarded.

Eligible and Ineligible Uses for RBS Grant Funds

RBS grant funds may be used for the following as a part of an
eligible project:
1. Purchase and installation of equipment;
2. Construction or improvements;
3. Energy audits;
4. Permit fees;
5. Professional service fees;
6. Feasibility studies;
7. Business plans, and
8. Retrofitting.
Ineligible uses for RBS Grant Funds:
1. Land acquisition;
2. Capital leases;
3. Working capital;
4. Residential improvements;
5. Agricultural tillage equipment;
6. Vehicles;
7. Preparation of the grant application;
8. Waste collection;
9. Funding of political or lobbying activities;
10. Operating, maintaining, routine repairs, or fuel costs for
biogas or biomass renewable energy projects;
11. Production, collection, and transportation of energy inputs;
12. Construction of a new facility except when the new facility is
used for the same purpose, is approximately the same size, and, based
on the energy audit, will provide more energy savings than improving an
existing facility. Only the items identified in the energy audit of the
existing facility will be eligible for funding. (pertains to energy
efficiency projects only); and
13. Costs paid prior to an application being received by RBS except
for predevelopment costs such as energy audits, feasibility studies,
business plans, permit fees, or architectural and engineering fees.

Leveraged Funds

RBS grant funds may be used to pay up to 25 percent of the eligible
project costs. Therefore, the applicant must provide at least 75
percent of leveraged funds to complete the project. Leveraged funds
will be verified from information provided in the application. In-kind
contributions and other Federal grants may not be used to meet the 75
percent requirement.

Application

Separate applications must be submitted for renewable energy system
and energy efficiency improvement projects. Applicants can only submit
one application for renewable energy systems and one application for
energy efficiency improvements. The maximum amount of grant assistance
to one individual or entity will not exceed $750,000. The following
will constitute a complete application, which must be submitted by June
6, 2003.
1. Form SF-424, ``Application for Federal Assistance.''
2. Form SF-424C, ``Budget Information--Construction Pograms.'' Each
cost classification category listed on the form must be filled out if
it applies to your project. Any cost category item not listed on the
form that applies to your project can be put under the miscellaneous
category. Attach a separate sheet if you are using the miscellaneous
category and list each miscellaneous cost by not allowable and
allowable costs in the same format as on the SF-424C form. All project
costs must be categorized as either eligible or ineligible.
3. Form SF-424D, ``Assurances--Construction Programs.''
4. AD-1047, ``Certification Regarding Debarment, Suspension, and
Other Responsibility Matters--Primary Covered Transactions.''
5. AD-1049, ``Certification Regarding a Drug-Free Workplace
Requirements.''
6. Form RD 400-1, ``Equal Opportunity Agreement.''
7. Form RD 400-4, ``Assurance Agreement.''
8. ``Certification for Contracts, Grants and Loans,'' required by
Section 319 of Public Law 101-121 if the grant is $100,000 or more.
9. If the applicant has made or agreed to make payment using funds
other than Federal appropriated funds to influence or attempt to
influence a decision in connection with the application, Form SF-LLL,
``Disclosure of Lobbying Activities,'' must be completed.
10. A project-specific feasibility study prepared by a qualified
independent consultant will be required for all renewable energy system
projects. An acceptable feasibility study must include an analysis of
the market, financial, and management feasibility of the proposed
project. The feasibility study must include an opinion and a
recommendation by the independent consultant. Energy efficiency
improvement projects do not require a feasibility study to be
completed.
11. If the project involves interconnection to an electric utility,
a copy of a letter of intent to purchase power, a power purchase
agreement, or an interconnection agreement will be required from your
utility company or other purchaser for renewable energy systems.
12. Table of Contents. For ease of locating information, each
proposal must contain a detailed Table of Contents immediately
following the required SF-424 forms. The Table of Contents should
include page numbers for each component of the proposal. Pagination
should begin immediately following the Table of Contents.
13. Project Summary. A summary of the project proposal, not to
exceed one page, must include the following: Title of the project,
description of the project including goals and tasks to be
accomplished, names of the individuals responsible for conducting and
completing the tasks, and the expected timeframes for completing all
tasks, including an operational date. The applicant must also clearly
state whether the application is for the purchase of a renewable energy
system or to make energy efficiency improvements.
14. Eligibility. Describe how you meet the definition of an
eligible applicant.
15. Applicant Information. All applicants must provide the
following:
A. Business/farm/ranch operation.
(1) Describe ownership, including a list of individuals and/or
entities with ownership interest. Provide names of any corporate
parents, affiliates, and subsidiaries, as well as a description of the
relationship, including products, between these entities.
(2) Describe the operation.
B. Management. Provide the resume of key managers focusing on
relevant business experience.
C. Financial Information.
(1) Explanation of the demonstrated financial need for the grant.
(2) Current balance sheet and income statement prepared in
accordance with generally accepted accounting principles (GAAP) and
dated within 90 days of the application for rural small businesses.
Agricultural producers should present financial information in the
format that is generally required by commercial agriculture lenders.
These items are required on the total operations of the applicant and
its parent, subsidiary, or affiliates at other locations.
(3) Small business applicants must provide sufficient information
to determine total annual receipts of the business and any parent,
subsidiary, or affiliates at other locations. Voluntarily providing tax
returns is one means of satisfying this requirement. Information
provided must be sufficient to make a determination of total income and
cost of goods sold by the business.
(4) If available, financial statements prepared in accordance with
GAAP for the past 3 years, including income statements and balance
sheets. Agricultural producers should present financial information for
the past 3 years in the format that is generally required by commercial
agriculture lenders.
(5) Financial projections to include pro forma financial statements
for 3 years, with an explanation of assumptions used to generate the
financial statements. The financial statements must include cash flow
statements, income statements, and balance sheets. Income statements
and cash flow statements must be monthly for the first year and annual
for the next 2 years. The balance sheet should be annual for all 3
years. Energy efficiency improvement applicants must provide cash flow
statements, income statements, and balance sheets that are annual for
all 3 years. This applies to all operations of the applicant, existing
and new. Financial projections are not required on any parent,
subsidiary, or affiliate of the applicant.
D. Production information for renewable energy system projects.
(1) Is the technology to be employed by the facility commercially
or pre-commercially available? Provide information to support this
position.
(2) Describe the availability of materials, labor, and equipment
for the facility.
E. Business market information for renewable energy system
projects.
(1) Demand. What is the demand (past, present, and future) for the
product and/or service? Who will buy the product and/or service?
(2) Supply. What is the supply (past, present, and future) of the
product and/or service? Who are the competitors?
(3) Market niche. Given the trends in demand and supply, how will
the business be able to sell enough of its product/service to be
profitable?
16. Form RD 1940-20, ``Request for Environmental Information.'' It
is strongly recommended that the applicant contact the appropriate
Rural Energy Coordinator for assistance in completing this form.
17. Verification of Leveraged Funds. Applicant must provide a copy
of a bank statement or a copy of the confirmed funding commitment from
the funding source. Leveraged funds must be included on the SF-424 and
SF-424C forms.
18. Technical Requirements/Engineer or Architect Report. Separate
technical requirements exist for grants for renewable energy systems
and energy efficiency improvement projects. The applicant must address
the appropriate technical requirements. Two copies of the technical
requirements must be submitted in order for the State Rural Development
Office to submit a copy to the RBS National Office for a technical
review.
A. Renewable Energy System Technical Requirements. The application
must demonstrate that the system operates over its design life as
expected, the owner/operator is capable of managing the system, and the
vendor will provide the needed support. The following are technical
requirements for renewable energy systems and will be addressed
independently, in narrative form, and in the following order:
(1) Detailed Description of System. Provide a step-by-step
description, based on authoritative information, of the complete system
from renewable and nonrenewable energy input and inclusive of energy,
byproduct, and effluent outputs. Describe the type of renewable energy
source, its availability (include storage and handling of the source),
and modes of delivery. Power and energy required to operate the system
must also be described to determine net power and energy produced.
Information on the system, if appropriate, must address utility system
interconnection requirements, power purchase arrangements, and output
energy storage systems. Detailed information on the actual outputs
shall be addressed under system performance as outlined in the
following section.
(2) System Performance. Describe the expected power and energy
production of the proposed system as rated and as expected in actual
field conditions. System performance must be addressed on a daily,
monthly, annual, and long-term basis. Other products of the system
operation shall be identified with quantity and composition produced.
Effluents such as air and water, solids, and other residues shall be
identified. Non-energy products with potential commercial value, such
as fertilizers, soil amendments and hydrogen shall be identified.
(3) System Design Life. Provide historical or engineering
information that supports expected design life of the system and timing
of major component replacement or rebuilds.
(4) Use of power and energy supplied by system. Describe the uses
of the electricity, heat, torque, and energy stored by the renewable
energy system. Discuss how renewable energy system downtime will impact
any of the uses of the renewable energy supplied by the system and how
and if such energy must or can be supplied by other means.
(5) Project Costs and Timeline. Identify and itemize major project
costs and a timeline and milestones for key activities, including
project design, siting and permitting, system purchase, site
preparation, system installation, operational testing, and
decommissioning if applicable.
(6) Design qualifications. Discuss needed system designer
qualifications and/or certifications in accordance with commonly
acceptable or recognized organizations or bodies. If applicable,
verify that site designers are qualified and/or certified. Provide
evidence that the system and installation plans conform to all
applicable national, State, and local standards. Provide a list of the
same or similar systems designed, installed, or supplied currently
operating and with references if available. Discuss spare parts and
service availability for life of the system. Describe the knowledge,
skills, and abilities needed to install, service, operate, and maintain
the system.
(7) Professional services required. Describe professional services
and qualifications, expected professional service costs required to
design, construct, operate, and maintain the system. This may include a
professional engineer, an agricultural engineer, a design engineer, an
environmental engineer, a lawyer, accounting, project construction,
project management, or any other needed professional services.
(8) Equipment installation. Fully describe the management and plan
for site development and system installation. All systems must be
installed and interconnected in conformance with the system
manufacturer specifications, utility system requirements, and any
applicable national, State, or local codes and standards. A general
contractor or a turnkey system provider must install the proposed
system.
(9) Startup, shakedown, and steady state operation. Provide the
appropriate start up testing procedures and test criteria. Describe
testing and inspection procedures necessary before system startup and
monitoring of initial operation. Estimate needed time to complete
startup testing and shakedown period for system to obtain design-
operating parameters at a steady state operating level. Verifiable and
empirical information must be provided at startup, end of shakedown,
and end of steady state operation test period.
(10) Operations and Maintenance. Describe the routine operations
and maintenance requirements of the proposed system, including
feedstock acquisition, transportation and handling, maintenance for the
mechanical and electrical system, system monitoring and control
requirements, output delivery systems, and on-going environmental
compliance. Include in the discussion, costs and labor associated with
operations and maintenance of system and plans for in or outsourcing.
(11) Potential vendor qualifications. For each vendor, provide the
type of services provided, number of years they have provided the
proposed services, technical support programs, and availability of
spare parts.
(12) Performance assurance. Describe vendor standard warranty and
performance bonds where available. The owner operator shall commit to
keep the system in operating order for the design life of the system
identified above. Obtain a commitment from the vendor to supply and
service for the design life of the system provided. Describe available
training and operation assistance available from the vendor and other
sources. Construction contracts in excess of $100,000 will require a
performance and payment bond for 100 percent of the contract price.
(13) A qualified professional engineer must certify numbers 1-10 of
the technical requirements for renewable energy system projects
exceeding $100,000 in total project cost. Vendors may prepare numbers
11 and 12 of the technical requirements. Qualifications of any preparer
or certifier must be submitted with the application.
B. Energy Efficiency Improvement Technical Requirements. The
application must demonstrate that the energy efficiency improvements
perform over the design life as expected. Information should be
supported by the energy audit, required elsewhere in this NOFA,
whenever applicable. The following are technical requirements for
energy efficiency improvement projects and will be addressed
independently, in narrative form, and in the following order:
(1) Detailed Description of Energy Efficiency Improvement Project.
Describe the components, materials or systems to be installed and how
they improve the energy efficiency of the process or facility being
modified. Discuss passive improvements such as improving the thermal
efficiency of a storage facility and active improvements such as
replacing high efficiency energy consuming equipment as separate
topics. If synergisms are anticipated between active and passive
improvements or other energy systems discuss these as an additional
topic. Any change in on-site effluents or other byproducts shall be
included in the discussion.
(2) Performance. Describe the expected energy savings of the energy
efficiency improvement project. The expected energy savings must be
supported by an authoritative energy audit as described elsewhere in
this NOFA. Energy savings must be addressed on an annual basis.
Performance may also be addressed on a seasonal basis or other periodic
basis as determined and stated by the energy auditor. Discuss
performance in a similar topical manner as required in paragraph 1
above.
(3) Design Life. Provide information that supports expected design
life of passive and active improvements. Describe the scope and timing
of major component replacement or rebuilds.
(4) Project Costs and Timeline. Identify and itemize major energy
efficiency improvement project costs and a timeline and milestones for
key activities, including project design, permitting, materials and
equipment purchase, site preparation, and installation.
(5) Design qualifications. Discuss needed designer qualifications
and/or certifications with commonly accepted or recognized
organizations or bodies. If applicable, verify that designers are
qualified and/or certified. Provide evidence that the energy efficiency
improvement project and installation plans conform to all applicable
national, State, and local standards. Describe the knowledge, skills,
and abilities needed to install, service, operate, and maintain the
installed materials, equipment and systems.
(6) Professional services required. Describe professional services
and qualifications, expected professional service costs required to
design, construct, operate, and maintain the energy efficiency
improvement project. This may include a professional engineer, an
agricultural engineer, a design engineer, an environmental engineer, a
lawyer, accounting, project construction, project management, or any
other needed services.
(7) Equipment, system and material installation. Fully describe the
plan for site development, and equipment, system and materials
installation. All equipment, systems and materials must be installed in
conformance with applicable national, State or local codes, and
standards. A general contractor or a turnkey provider must install the
proposed energy efficiency improvement project.
(8) Operations and maintenance. Describe the routine operations and
maintenance of the proposed energy efficiency improvement project.
Include in the discussion, costs and labor associated with the
operations and maintenance of the energy efficiency improvement project
and plans for in and outsourcing.
(9) Potential vendor qualifications. For each vendor, discuss the
type of service provided, number of years they have provided the
proposed services, availability of spare parts and post sale customer
support.
(10) Performance assurance. Describe vendor standard warranty and
performance bonds where available. Vendors must offer competitive
warranties on products and services. The applicant shall commit to keep
the energy efficiency improvement project in good repair and operating
order for the design life for the energy efficiency improvement
project. Describe how information will be collected and reported to
meet the reporting requirements of the Renewable Energy/Energy
Efficiency Grant Agreement.
(11) A qualified professional engineer or architect must certify to
numbers 1-8 of the technical requirements for an energy efficiency
improvement project exceeding $100,000 in total project cost. Vendors
may prepare numbers 9 and 10 of the technical requirements.
Qualifications of any preparer or certifier must be submitted with the
application.
19. Energy Audit for Efficiency Improvements Projects:
Each application for an energy efficiency grant must include an
energy audit. An energy audit is a written report by an independent,
qualified entity that documents current energy usage, recommended
potential improvements and their costs, energy savings from these
improvements, dollars saved per year, and weighted-average payback
period in years (total costs divided by total dollars of energy
savings).
The methodology of the energy audit should meet professional and
industry standards. RBS review and evaluation of the assessment is for
grant purposes only and should not be considered a validation or
guarantee of any technology, proposed project, cost estimate, energy
savings value, or future energy costs.
The energy audit should cover the following:
A. Situation report. Give a narrative description of the facility
or process, its energy system(s) and usage, and activity profile. Also
include price per unit of energy (electricity, natural gas, propane,
fuel oil, renewable energy, etc.) paid by the customer on the date of
the audit. Any energy conversion should be based on use rather than
source.
B. Potential improvements. List specific information on all
potential energy-saving opportunities and their costs.
C. Technical analysis. Give consideration to the interactions among
the potential improvements and other energy systems:
(1) Estimate the annual energy and energy costs savings expected
from each improvement identified in the potential project.
(2) Calculate all direct and attendant indirect costs of each
improvement.
(3) Rank potential improvements measures by cost-effectiveness
(item 2 divided by item 1 above).
D. Potential improvement description. Give a narrative summary of
the potential improvement and its ability to provide needed benefits,
including a discussion of project reliability and durability.
(1) Provide primary specifications for critical components.
(2) Provide preliminary drawings of project layout, including any
related structural changes.
(3) Document baseline data compared to projected consumption,
together with any explanatory notes. When appropriate, show before-and-
after data in terms of consumption per unit of production, time or
area. Include at least 1 year's bills for those energy sources/fuel
types affected by this project. Also submit utility rate schedules, if
appropriate.
(4) Identify significant changes in future related operations and
maintenance costs.
(5) Identify zoning and building code issues and required permits
and licenses.
(6) Describe explicitly how outcomes will be measured.
20. Evaluation Criteria. Evaluation of the proposals will be based
on the following criteria. These criteria should be individually
addressed in narrative form on a separate sheet of paper. Failure to
address any one of the criteria may disqualify the application.
A. Criteria for applications for renewable energy systems are:
(1) Quantity of Energy Produced. Points may only be awarded for
either energy replacement or energy generation.
a. Energy replacement. If the proposed renewable energy system is
intended primarily for self use by the farm, ranch, or small business
and will provide energy replacement of greater than 75 percent, 20
points will be awarded; greater than 50 percent, but less than 75
percent, 15 points will be awarded; or greater than 25 percent, but
less than 50 percent, 10 points will be awarded. The energy replacement
should be determined by dividing the estimated quantity of energy to be
generated by at least the past 12 months energy profile of the
applicant. The estimated quantity of energy may be described in Btu's,
kilowatts, or similar energy equivalents. Energy profiles can be
obtained from the utility company.
b. Energy generation. If the proposed renewable energy system is
intended primarily for production of energy for sale, 20 points will be
awarded.
(2) Environmental Benefits. If the proposed renewable energy system
is to upgrade an existing facility or construct a new facility required
to meet applicable health or sanitary standards, 10 points will be
awarded. Documentation will be obtained from the appropriate regulatory
agency with jurisdiction to establish the standard, to verify that a
bona fide standard exists, what that standard is, and that the proposed
project is needed and required to meet the standard.
(3) Commercial Availability. If the renewable energy system is
currently commercially available and replicable, an additional 10
points will be awarded. Commercial availability must be discussed in
the technical requirements.
(4) Cost Effectiveness. If the proposed renewable energy system
will return the cost of the investment in 5 years or less, 25 points
will be awarded; 6-10 years, 20 points will be awarded; 11-15 years, 15
points will be awarded; or 16-20 years, 10 points will be awarded. The
estimated return on investment should be determined by dividing the
total cost of the project by the estimated projected net annual income
and/or energy savings of the renewable energy system.
(5) Amount Requested. If the amount of the grant request is less
than $100,000, 15 points will be awarded; $100,000-$200,000, 10 points
will be awarded; or $200,001-$300,000, 5 points will be awarded.
(6) Leveraged Funds. If the applicant has provided eligible
leveraged funds of over 90 percent, 15 points will be awarded; 85
percent-90 percent, 10 points will be awarded; or 80 percent-84
percent, 5 points will be awarded.
(7) Management. If the renewable energy system will be monitored
and managed by a qualified third-party operator, such as pursuant to a
service contract, maintenance contract, or remote telemetry, an
additional 10 points will be awarded. Aspects of management must be
discussed in the technical requirements.
B. Criteria for applications for energy efficiency improvements
are:
(1) Energy savings. If the estimated energy expected to be saved by
the installation of the energy efficiency improvements will be 35
percent or greater, 20 points will be awarded; 30 percent-34 percent,
15 points will be awarded; 25 percent-29 percent, 10 points will be
awarded; or 20 percent-24 percent, 5 points will be awarded. This will
be determined by the projections in an energy audit.
(2) Cost Effectiveness. If the proposed energy efficiency
improvements will
return the cost of the investment in 2 years or less, 25 points will be
awarded; 3-5 years, 20 points will be awarded; 6-8 years, 15 points
will be awarded; or 9-11 years, 10 points will be awarded. The
estimated return on investment is calculated by dividing the total
project cost by the total dollars of energy savings of the energy
efficiency improvements.
(3) Amount Requested. If the amount of the grant request is
$10,000-$50,000, 15 points will be awarded; $50,001-$125,000, 10 points
will be awarded; or $125,001-$200,000, 5 points will be awarded.
(4) Leveraged Funds. If the applicant has provided eligible
leveraged funds of over 90 percent, 15 points will be awarded; 85
percent-90 percent, 10 points will be awarded; or 80 percent-84
percent, 5 points will be awarded.

Methods for Evaluating and Ranking Applications

State Rural Development Office personnel will review all
applications. Ineligible and incomplete applications may be returned to
the applicant and not evaluated further. Projects not financially or
technically feasible will not be considered for funding. Qualified
industry experts will review the technical requirements of the
applications. The State Rural Development Office will score the
application based on the Evaluation Criteria and submit it to the
National Office to be reviewed and ranked. The National Office will
rank applications based on its total score. The highest scoring
applications will be selected until all the funds are depleted.
Recommendations for funding will be forwarded to the Administrator of
RBS, who will award the grants.

Planning and Performing Development

RBS will use 7 CFR 1780.54, 1780.57 (b)-(f) and (h)-(o), 1780.61,
1780.67, 1780.68, 1780.70, 1780.72, 1780.74, 1780.75, and 1780.76 for
planning, designing, procurement methods and procedures, bidding,
contract award and administration, and construction of renewable energy
system and energy efficiency improvement projects as applicable.
However, grantees are not authorized to construct the facility/project/
improvement in total, or in part, or utilize its own personnel and/or
equipment under this NOFA.

Servicing Regulations

Grants will be serviced in accordance with 7 CFR, part 1951,
subpart E.

Grantee Requirements

The grantee must sign a Grant Agreement (which is published at the
end of the NOFA) and abide by all requirements contained in the Grant
Agreement or any other Federal statutes or regulations governing this
program. Failure to follow the requirements may result in termination
of the grant and adoption of other remedies provided for in the Grant
Agreement.

Paperwork Reduction Act

The collection of information requirements contained in this notice
have received temporary emergency clearance by the Office of Management
and Budget under Control Number 0570-0044. However, in accordance with
the Paperwork Reduction Act of 1995, RBS will seek standard OMB
approval of the reporting requirements contained in this Notice and
hereby opens a 60-day comment period.

Abstract

RBS needs to receive the information contained in this collection
of information to select the projects it believes will provide the most
long-term economic benefit to rural areas. The selection process is
competitive. RBS will ensure that the funds are used for the intended
purpose.
Estimate of Burden: Public reporting burden for this collection of
information is estimated to average 4.3 hours per response.
Respondents: Agricultural producers and rural small businesses.
Estimated Number of Respondents: 133.
Estimated Number of Responses Per Respondent: 11.
Estimated Number of Responses: 1,463.
Estimated Total Annual Burden on Respondents: 6,251 hours.
Copies of this information collection can be obtained from Tracy
Givelekian, Regulations and Paperwork Management Branch, at (202) 692-
0039.
Comments
Comments are invited on (a) whether the proposed collection of
information is necessary for the proper performance of the functions of
RBS, including whether the information will have practical utility; (b)
the accuracy of the RBS estimate of the burden of the proposed
collection of information, including the validity of the methodology
and assumptions used; (c) ways to enhance the quality, utility, and
clarity of the information to be collected; and (d) ways to minimize
the burden of the collection of information on those who are to
respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology. Comments may be sent to Tracy
Givelekian, Regulations and Paperwork Management Branch, U.S.
Department of Agriculture, Rural Development, STOP 0742, 1400
Independence Ave. SW., Washington, DC 20250. All responses to this
notice will be summarized and included in the request for Office of
Management and Budget approval. All comments will also become a matter
of public record.

Dated: April 1, 2003.
Thomas C. Dorr,
Under Secretary, Rural Development.

OMB No. 0570-0044

United States Department of Agriculture

Rural Business-Cooperative Service

Renewable Energy/Energy Efficiency Grant Agreement
THIS GRANT AGREEMENT (Agreement) dated ---------- , is a contract
for receipt of grant funds under the Renewable Energy/Energy Efficiency
program (Title IX, Section 9006 of Public Law 107-171).

BETWEEN---------------------------------------------------------------
(Grantee) and the United States Of America acting through the Rural
Business-Cooperative Service (RBS), Department of Agriculture
(Grantor).

WITNESS:

All references herein to ``Project'' refer to installation of a
renewable energy system or energy efficiency improvement located at --
---------- . The grant is $------ (Grant) which is ------ percent of
the Eligible Project Costs.
Should actual project costs be lower than projected in the
agreement, the final amount of grant will be adjusted to remain at the
above percentage of the final Eligible Project Cost.

WHEREAS:

Grantee has determined to undertake the retrofitting, acquisition,
construction, or purchase of a renewable energy/energy efficiency
project described in the application dated ------ (Project) with a
total estimated cost of $------ .
Grantee is able to finance or obtain funding from other sources for
$------ .
Now, therefore, in consideration of said grant, Grantee agrees that
Grantee:

Is in compliance with and will comply in the course of the
Agreement with all applicable laws, regulations, Executive Orders, and
other generally
applicable requirements, including those contained in 7 CFR part 3015,
``Uniform Federal Assistance Regulations,'' which are incorporated into
this agreement by reference, and such other statutory provisions as are
specifically contained herein.

According to the Paperwork Reduction Act of 1995, an agency may
not conduct or sponsor, and a person is not required to respond to,
a collection of information unless it displays a valid OMB control
number. The valid OMB control number for this information
collections is 0570-0044. The time required to complete this
information collection is estimated to average 30 minutes per
response, including the time for reviewing instructions, searching
existing data sources, gathering and maintaining the data needed,
and completing and reviewing the collection of information.

The parties agree to all of the terms and provisions of any policy
or regulations promulgated under Title IX, Section 9006 of the Farm
Security and Rural Investment Act of 2002 as amended. Any application
submitted by the Grantee for this grant, including any attachments or
amendments, are incorporated and included as part of this Agreement.
Any changes to these documents or this Agreement must be approved in
writing by the Grantor.
The Grantor may terminate the grant in whole, or in part, at any
time before the date of completion, whenever it is determined that the
Grantee has failed to comply with the conditions of this Agreement.

Use of Grant Funds

Will use grant funds and leveraged funds only for the purposes and
activities specified in the application approved by the Grantor
including the approved budget. Budget and approved use of funds are as
further described in the Grantor Letter of Conditions and amendments or
supplements thereto. Any uses not provided for in the approved budget
must be approved in writing by the Grantor. The proposed renewable
energy system or energy efficiency improvements shall be constructed/
installed in accordance with any energy audit recommendations or
engineering or other technical reports provided by the Grantee and
approved by the Grantor.

Civil Rights Compliance

Will comply with Executive Order 12898, the Americans with
Disabilities Act of 1990, Title VI of the Civil Rights Act of 1964, and
Section 504 of the Rehabilitation Act of 1973. This shall include
collection and maintenance of data on the race, sex, and national
origin of Grantee's membership/ ownership and employees. This data must
be available to the Grantor in its conduct of Civil Rights Compliance
Reviews, which will be conducted prior to grant closing and 3 years
later, unless the final disbursement of grant funds has occurred prior
to that date.

Financial Management Systems

A. Will provide a Financial Management System in accordance with 7
CFR part 3015, including but not limited to:
1. Records that identify adequately the source and application of
funds for grant-supported activities. Those records shall contain
information pertaining to grant awards and authorizations, obligations,
unobligated balances, assets, liabilities, outlays, and income.
2. Effective control over and accountability for all funds,
property, and other assets. Grantees shall adequately safeguard all
such assets and ensure that they are used solely for authorized
purposes.
3. Accounting records prepared in accordance with generally
accepted accounting principles (GAAP) and supported by source
documentation.
4. Grantee tracking of fund usage and records that show matching
funds and grant funds are used in equal proportions. The grantee will
provide verifiable documentation regarding matching funds usage, i.e.,
bank statements or copies of funding obligations from the matching
source.
B. Will retain financial records, supporting documents, statistical
records, and all other records pertinent to the grant for a period of
at least 3 years after final grant disbursement, except that the
records shall be retained beyond the 3-year period if audit findings
have not been resolved. The Grantor and the Comptroller General of the
United States, or any of their duly authorized representatives, shall
have access to any books, documents, papers, and records of the
Grantee's which are pertinent to the grant for the purpose of making
audits, examinations, excerpts, and transcripts.

Procurement and Construction

A. Will comply with the applicable procurement requirements of 7
CFR part 1780 regarding standards of conduct, open and free
competition, access to contractor records, and equal employment
opportunity requirements.
B. Will, for construction contracts in excess of $100,000, provide
performance and payment bonds for 100 percent of the contract price.

Acquired Property

A. Will in accordance with 7 CFR part 3015, hold title to all real
property identified as part of the project costs, including
improvements to land, structures or things attached to them. Movable
machinery and other kinds of equipment are not real property (see Item
2 below). In addition:
1. Approval may be requested from Grantor to transfer title to an
eligible third party for continued use for originally authorized
purposes. If approval is given, the terms of the transfer shall provide
that the transferee must assume all the rights and obligations of the
transferor, including the terms of this Grant Agreement.
2. If the real property is no longer to be used as provided above,
disposition instructions of the Grantor shall be requested and
followed. Those instructions will provide for one of the following
alternatives:
a. The Grantee may be directed to sell the property, and the
Grantor shall have a right to an amount computed by multiplying the
Federal (Grantor) share of the property times the proceeds from sale
(after deducting actual and reasonable selling and fix-up expenses, if
any, from the sale proceeds). Proper sales procedures shall be followed
which provide for competition to the extent practicable and result in
the highest possible return.
b. The Grantee shall have the opportunity of retaining title. If
title is retained, Grantor shall have the right to an amount computed
by multiplying the market value of the property by the Federal share of
the property.
c. The Grantee may be directed to transfer title to the property to
the Federal Government provided that, in such cases, the Grantee shall
be entitled to compensation computed by applying the Grantee's
percentage of participation in the cost of the program or project to
the current fair market value of the property.
Disposition requirements for real property shall expire 20 years
from the date of final grant disbursement. This Grant Agreement covers
the following described real property (use continuation sheets as
necessary).
B. Will abide by the requirements of 7 CFR part 3015 pertaining to
equipment, which is acquired wholly or in part with grant funds.
Disposition requirements for equipment will expire at the end of
each item's useful life (which is based on a straight-line, non-
accelerated method). This Grant Agreement covers the following
described equipment (use continuation sheets as necessary):

Item Useful Life

C. Not to encumber, transfer, or dispose of the property or any
part thereof, acquired wholly or in part with Grantor funds, without
the written consent of the Grantor.
D. If required by Grantor, record liens or other appropriate
notices of record to indicate that personal or real property has been
acquired or improved with Federal grant funds, and that use and
disposition conditions apply to the property as provided by 7 CFR part
3015.

Reporting

A. Will after Grant Approval through Project Construction:
1. Provide periodic reports as required by the Grantor. A financial
status report and a project performance report will be required on a
quarterly basis (Due 30 working days after end of the quarter. For the
purposes of this grant, quarters end on March 31, June 30, September
30, and December 31). The financial status report must show how grant
funds and leveraged funds have been used to date and project the funds
needed and their purposes for the next quarter. A final report may
serve as the last quarterly report. Grantees shall constantly monitor
performance to ensure that time schedules are being met and projected
goals by time periods are being accomplished. The project performance
reports shall include the following:
a. A comparison of actual accomplishments to the objectives for
that period.
b. Reasons why established objectives were not met, if applicable.
c. Reasons for any problems, delays, or adverse conditions which
will affect attainment of overall program objectives, prevent meeting
time schedules or objectives, or preclude the attainment of particular
objectives during established time periods. This disclosure shall be
accomplished by a statement of the action taken or planned to resolve
the situation.
d. Objectives and timetables established for the next reporting
period.
2. Final project development report which includes a detailed
project funding and expense summary; summary of facility installation/
construction process including recommendations for development of
similar projects by future applicants to the program.
3. For the year(s) in which in Grant funds are received, Grantee
will provide an annual financial statement (Generally Accepted
Accounting Principles basis for small businesses) to Grantor.
B. Will after Project Construction:
1. Allow Grantor access to the project and its performance
information during its useful life.
2. Provide periodic reports as required by Grantor and permit
periodic inspection of the project by a representative of the Grantor.
Grantee reports will include but not be limited to the following:
a. Purchase of Renewable Energy System Project Report. Commencing
the first full calendar year following the year in which project
construction was completed and continuing for 3 full years a report
detailing the following will be provided:
i. Quantity of Energy Produced. Grantee to report the actual amount
of energy produced in BTUs, kilowatts, or similar energy equivalents.
ii. Environmental Benefits. If applicable, Grantee to provide
documentation that identified health and/or sanitation problem has been
solved.
iii. Return on Investment. Grantee to provide the annual income
and/or energy savings of the renewable energy system.
iv. Summary of the cost of operating and maintaining the facility.
v. Description of any maintenance or operational problems
associated with the facility.
vi. Recommendations for development of future similar projects.
b. Energy Efficiency Improvement Project Report. Commencing the
first full calendar year following the year in which project
construction was completed and continuing for 2 full years. Grantee
will report the actual amount of energy saved due to the energy
efficiency improvements.

Grant Disbursement

Will disburse grant funds as scheduled. Unless required by funding
partners to be provided on a pro rata basis with other funding sources,
grant funds will be disbursed after all other funding sources have been
expended.
A. Requests for reimbursement may be submitted monthly or more
frequently if authorized to do so by the Grantor. Ordinarily, payment
will be made within 30 days after receipt of a proper request for
reimbursement.
B. Grantee shall not request reimbursement for the Federal share of
amounts withheld from contractors to ensure satisfactory completion of
work until after it makes those payments.
C. Payment shall be made by electronic funds transfer.
C. Payment shall be made by electronic funds transfer.
D. Standard Form 271, ``Outlay Report and Request for Reimbursement
for Construction Programs,'' or other format prescribed by Grantor
shall be used to request Grant reimbursements.
E. For renewable energy projects, grant funds will be disbursed in
accordance with the above through 90 percent of grant disbursement. The
final 10 percent of grant funds will be held by the Grantor until
construction of the project is completed, operational, and has met or
exceeded the test run requirements as set out in the grant award
requirements.

Post-Disbursement Requirements

Will own, operate, and provide for continued maintenance of the
Project.
IN WITNESS WHEREOF, Grantee has this day authorized and caused this
Agreement to be signed in its name and its corporate seal to be
hereunto affixed and attested by its duly authorized officers
thereunto, and the Grantor has caused this Agreement to be duly
executed in its behalf by:

-----------------------------------------------------------------------
Name:
Title:
-----------------------------------------------------------------------
Date

United States of America

Rural Business-Cooperative Service

By:-------------------------------------------------------------------
Name:
Title:

[FR Doc. 03-8491 Filed 4-7-03; 8:45 am]

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