(1)Eligible projects include, but are not limited to, the following:
(a)Projects which improve efficiency or attain high efficiency of energy use through energy system or process changes, equipment replacement, or waste heat recovery;
(b)Projects consisting of measures meeting energy efficiency criteria encouraged or approved by the electric or gas utilities providing service to the state facility or the Department;
(c)Employee awareness campaigns and on-going training; and
(d)Projects that meet these eligibility requirements, that began construction or installation after September 30, 1991, and that were not completed prior to final adoption of rules. These projects are not subject to the provisions of the Offering the Right of First Refusal.
(2)The following projects are not eligible:
(a)A project that saves dedicated funds, which are not transferable to the General Fund; and
(b)A plan of a state agency to improve the efficiency of energy use in a state-rented facility if the payback period for the project exceeds the term of the current state lease for that facility.
(3)In the event eligibility is unknown or disputed, the party(ies) may petition the Director of the Department for a decision. The Director’s decision shall be final.
Rule 330-118-0020 — Project Eligibility,