North Carolina Administrative Code

15A NCAC 01T .0407 SPECIAL BEACH EROSION CONTROL REQUIREMENTS The following requirements are applicable to any beach erosion control or hurricane protection project in which the state participates by action of the department: (1) Before the start of project construction, the spon…

SECTION .0200 - GENERAL PROVISIONS 15A NCAC 01U .0201 DEFINITIONS For the purposes of this Subchapter, the following definitions apply: (1) "Allowable Costs" means origination cost, letter of credit fee (first year), engineering design fee, and implementation of an eligible energ…

15a NCAC 01U .0202 ELIGIBILITY 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 …

15a NCAC 01u .0203 CRITERIA FOR ENERGY CONSERVATION LOANS 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 …

15A NCAC 01U .0204 Loan Percentage and CONDITIONS AND LIMITATIONS (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 clos…

15A NCAC 01U .0205 PRE-APPLICATION CONFERENCE (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 confe…

15A NCAC 01U .0206 APPLICATION PROCEDURES 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 …

15A NCAC 01U .0207 APPLICATION REVIEW (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…

15A NCAC 01U .0208 LOAN APPROVAL Following the review set forth in Rule .0207 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 worthin…

15A NCAC 01U .0209 LOAN AGREEMENT AND PROMISSORY NOTE 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 securit…

15A NCAC 01U .0210 REPORTS Reports shall be submitted by the borrower as follows: (1) progress reports shall be submitted quarterly to the State Energy Office during the period of implementation or while installation is in progress and shall include a description of: (a) the curr…

15A NCAC 01U .0211 MONITORING The Financial Service Division shall monitor the use of the funds under this program through review of reports. The State Energy Office shall monitor those buildings or projects where the energy conservation projects are in progress to verify the ins…

15A NCAC 01U .0212 DEFAULT If the borrower violates any of the terms of the loan agreement, the Financial Services Division shall place the borrower in default. Borrowers determined to be in default shall be notified by certified mail and the terms of the loan agreement and lette…

SECTION .0300 - TECHNICAL ANALYSIS 15A NCAC 01U .0301 TECHNICAL ANALYSIS REQUIRED (a) An application for an energy conservation loan shall be accompanied by a Technical Analysis that has been conducted by a third-party Technical Analyst and approved by the State Energy Office as …

15A NCAC 01U .0302 TECHNICAL ANALYST Disqualifications (a) A third-party Technical Analyst shall not have a financial interest in the commercial or industrial business, nonprofit organization, local government entity, or residence or in the sale and installation of any proposed e…

15A NCAC 01u .0303 REPORT REQUIRED A third-party Technical Analyst shall submit three copies of the results of a Technical Analysis in writing on a form provided by the State Energy Office, which can be found at http://portal.ncdenr.org/web/lr/state-energy-office. The report shal…

section .0400 – General provisions 15A NCAC 01u .0401 PURPOSE AND ORGANIZATION History Note: Authority G.S. 143-58.4; 143-58.5; Eff. May 1, 2007; Repealed Eff. July 1, 2021; Transferred from 01 NCAC 41D .0101 Eff. September 1, 2024.

15A NCAC 01U .0402 DEFINITIONS For the purposes of this Chapter, the following definitions apply: (1) "AFV" means the same as defined in G.S.143-58.4. (2) "Alternative fuel" means the same as defined in G.S. 143-58.4. (3) "B20" means the same as defined in G.S. 143-58.4. (4) "Bio…

15A NCAC 01U .0403 BANKING (a) EPActs credits shall be accrued and banked according to the following: (1) The U.S. DOE Alternative Fuel Transportation Program 10 CFR Part 490, which is incorporated by reference including subsequent amendments and editions and can be found at no c…

15A NCAC 01U .0404 Selling (a) The State Energy Office shall form a Credit Selling Work Group to determine the number of excess credits to be sold as follows: (1) The Credit Selling Work Group shall consist of: (A) the Department of Administration Motor Fleet Management designee;…

15A NCAC 01U .0405 Proceeds and distribution (a) Funds generated by the sale or transfer of EPAct credits by the State Energy Office shall be deposited into the Alternative Fuel Revolving Fund. (b) The following shall be undertaken to determine the distribution of proceeds from t…

15A NCAC 01U .0406 Fund disbursements History Note: Authority G.S. 143-58.4; 143-58.5; Eff. May 1, 2007; Repealed Eff. July 1, 2021; Transferred from 01 NCAC 41D .0302 Eff. September 1, 2024.

15A NCAC 01U .0407 Reports (a) Progress reports shall be submitted biannually by State departments, agencies, and institutions that receive funds from the Alternative Fuel Revolving Fund. (b) The progress report shall include a description of the current project, number of gallon…

15A NCAC 01U .0408 FUNCTIONS History Note: Authority G.S. 113B-2; 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; Transferred from 04 NCAC 12E .0103 Eff. May 15,…

section .0600 – Petition for rulemaking and declatory rulings 15A NCAC 01U .0601 DELEGATION OF AUTHORITY FOR RULEMAKING HEARINGS and state energy office contact information (a) The Secretary of the Department of Environmental Quality designates the State Energy Director or his or…

15A NCAC 01U .0602 SubmiSSion and contents of Petition for rulemaking (a) Any person wishing to submit a petition requesting the adoption, amendment, or repeal of a rule by the State Energy Office, within the Department of Environmental Quality shall petition the State Energy Dir…

15A NCAC 01U .0603 CONTENTS OF PETITION History Note: 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; Eff. July 3, 1978; Repealed Eff. April 1, 2021; Transferred from 04 NCAC 12D .…

15A NCAC 01U .0616 ISSUANCE OF DECLARATORY RULINGS At the request of any person aggrieved, as defined in G.S. 150B-2(6), the Secretary of the Department of Environmental Quality may issue a declaratory ruling as provided in G.S. 150B-4 and the rules of this Section. History Note:…

15A NCAC 01U .0617 DISPOSITION OF REQUEST for declaratory ruling (a) The State Energy Director shall make a determination on the completeness of the request for a declaratory ruling based on Rule .0133 of this Section. (b) Before deciding the merits of the request, and upon consi…

15A NCAC 01U .0620 RIGHT TO ADMINISTRATIVE HEARING IN A CONTESTED CASE History Note: Authority G.S. 150B-23; 143B-429; 143B-430; 143B-431; 143B-449; Filed as an Emergency Regulation Eff. March 6, 1978, for a period of 120 days to expire on July 3, 1978; Made Permanent Eff. July 3…

15A NCAC 01U .0621 REQUEST FOR ADMINISTRATIVE HEARING IN A CONTESTED CASE History Note: 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; Repealed E…

15A NCAC 01U .0622 GRANTING OR DENYING HEARING REQUESTS History Note: 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; Repealed Eff. July 16, 1988 …

15A NCAC 01U .0623 NOTICE OF HEARING History Note: Filed as an Emergency Regulation Eff. March 6, 1978, for a period of 120 days to expire on July 3, 1978; Statutory Authority G.S. 143B-429; 143B-430; 143B-431; 143B-449; Made Permanent Eff. July 3, 1978; Repealed Eff. July 16, 19…

15A NCAC 01U .0624 WHO SHALL HEAR CONTESTED CASES History Note: Filed as an Emergency Regulation Eff. March 6, 1978, for a period of 120 days to expire on July 3, 1978; Statutory Authority G.S. 143B-429; 143B-30; 143B-431; 143B-449; Made Permanent Eff. July 3, 1978; Repealed Eff.…

15A NCAC 01U .0625 PETITION FOR INTERVENTION History Note: Filed as an Emergency Regulation Eff. March 6, 1978, for a period of 120 days to expire on July 3, 1978; Statutory Authority G.S. 143B-429; 143B-430; 143B-431; 143B-449; Made Permanent Eff. July 3, 1978; Repealed Eff. Jul…

15A NCAC 01U .0626 TYPES OF INTERVENTION History Note: Filed as an Emergency Regulation Eff. March 6, 1978, for a period of 120 days to expire on July 3, 1978; Statutory Authority G.S. 143B-429; 143B-430; 143B-431; 143B-449; Made Permanent Eff. July 3, 1978; Repealed Eff. July 16…

15A NCAC 01U .0627 DISQUALIFICATION OF HEARING OFFICERS History Note: Filed as an Emergency Regulation Eff. March 6, 1978, for a period of 120 days to expire on July 3, 1978; Statutory Authority G.S. 143B-429; 143B-430; 143B-431; 143B-449; Made Permanent Eff. July 3, 1978; Repeal…

15A NCAC 01U .0628 FAILURE TO APPEAR History Note: Filed as an Emergency Regulation Eff. March 6, 1978, for a period of 120 days to expire on July 3, 1978; Statutory Authority G.S. 143B-429; 143B-430; 143B-431; 143B-449; Made Permanent Eff. July 3, 1978; Repealed Eff. July 16, 19…

15A NCAC 01U .0629 SIMPLIFICATION OF ISSUES History Note: Filed as an Emergency Regulation Eff. March 6, 1978, for a period of 120 days to expire on July 3, 1978; Statutory Authority G.S. 143B-429; 143B-430; 143B-431; 143B-449; Made Permanent Eff. July 3, 1978; Repealed Eff. July…

15a NCAC 01u .0630 SUBPOENAS History Note: Filed as an Emergency Regulation Eff. March 6, 1978, for a period of 120 days to expire on July 3, 1978; Statutory Authority G.S. 143B-429; 143B-430; 143B-431; 143B-449; Made Permanent Eff. July 3, 1978; Repealed Eff. July 16, 1988 in ac…

15A NCAC 01U .0631 FINAL DECISIONS IN ADMINISTRATIVE HEARINGS History Note: 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; Eff. July 3, 1978; Expired Eff. November 1, 2017 pursuan…

15A NCAC 01U .0632 DISPOSITION OF PETITIONS For rulemaking (a) If the State Energy Director determines the petition to be complete in accordance with Rule .0102 of this Section, the Director shall notice a hearing at least 15 days before the hearing's scheduled date. (b) The peti…

15A NCAC 01U .0633 SUBMISSION OF REQUEST FOR declaratory RULING (a) All requests for a declaratory ruling shall be filed in accordance with Rule .0101 of this Section. (b) All requests for declaratory rulings shall include the following: (1) the name and address of petitioner(s);…

15A NCAC 01U .0703 FUNCTIONS History Note: Filed as an Emergency Regulation Eff. March 6, 1978, for a period of 120 days to expire on July 3, 1978; Statutory Authority G.S. 113B-2; 143B-429; 143B-430; 143B-431; 143B-449; Made Permanent Eff. July 3, 1978; Recodified to 01 NCAC 41E…

subchapter 01v — DECOMMISSIONING AND FINANCIAL ASSURANCE requirements for UTILITY-SCALE SOLAR PROJECTs Section .0100 — DECOMMISSIONING AND FINANCIAL ASSURANCE requirements for UTILITY-SCALE SOLAR PROJECTs 15A NCAC 01V .0101 applicability and DEFINITIONS (a) The project owners of …

15A NCAC 01V .0102 Registration and fee requirements for new and existing ussps (a) The project owner of a USSP shall submit the registration information, periodic updates, and registration fee required by G.S. 130A-309.240(e) and (h) in a registration form prescribed by the Depa…

15A NCAC 01V .0103 Registration FEE amount for new and existing ussps (a) Existing USSPs. The amount of the registration fee required by G.S. 130A-309.240(h), submitted to the Department in accordance with Rule .0102 of this Section, for each existing USSP shall be as follows, an…

15A NCAC 01V .0104 DECOMMISSIONING cost estimate Requirements for new and existing ussps (a) The project owner of a new or existing USSP shall submit a cost estimate for decommissioning with the registration required by Rule .0102 of this Section, in accordance with G.S. 130A-309…

15A NCAC 01V .0105 general requirements for financial assurance for new ussps (a) Project owners of a new USSP shall establish, submit, and update an allowable financial mechanism, or a combination of mechanisms, provided in Rule .0106 of this Section, to ensure sufficient funds …

15A NCAC 01V .0106 ALLOWABLE MECHANISMS FOR FINANCIAL ASSURANCE for new ussps Project owners of a new USSP shall use any combination of the following mechanisms to meet the requirements of this Section for financial assurance, unless otherwise approved in accordance with Rule .01…