Reglamento del Fondo de Energía Verde.

6.11 Minimum Performance Design 6.11.1. PREAA will provide minimum performance requirements for each 19 Green Energy Technology through the Reference Guides. 6.12 Metering Requirements 6.12.1. All GEPs recipients of an incentive under the GEF must be installed with System Performance and Revenue Grade Meters that allow the Customer, System Owner and PREAA to determine the amount of green energy production of the GEP. 6.12.2. Installed System Performance and Revenue Grade Meters must comply with the applicable accuracy ratings established in the Reference Guides. If the meter to be used is not included in the list, evidence of compliance with the requirements must be presented to PREAA. 6.12.3. Accuracy ratings must be certified by a Nationally Recognized Technological Laboratory (NTRL) such as UL or TUV. 6.12.4. All GEF incentive recipients must provide PREAA staff with access to their facilities in order to reinspect and/or verify reported production. Customer, and System Owner if applicable, shall have the right to accompany PREAA staff during such visits. 20 6.12.5. A System Owner or Customer, as applicable, may be invoiced an amount not to exceed $500, if more than two inspections are required due to any non-performance of the metering system. 6.13 Meter Communication Requirements 6.13.1. All System Performance and Revenue Grade Meters must be installed with some form of communication capability that will provide feedback to Customer, System Owners and PREAA. 6.13.2. System should have remote communicating capability whereby data can be collected, accessed remotely, and downloaded for processing by PREAA. 6.13.3. GEP System Owners are required to report annual energy production to PREAA via electronic data exchange. More information regarding this provision will be published in the Green Energy Fund webpage indicated in Section 6.2.1 of Chapter One of this Regulation. 6.14 Interconnection to the Electric Utility 6.14.1. All Applicants for grid-connected system must submit an interconnection 21 application to the electric power utility (PREPA). 6.14.2. System interconnection and operation requirements shall be in accordance with the local electric power utility regulations. 6.14.3. To ensure that a proposed GEP is eligible for interconnection and metering (when applicable), all Applicants are encouraged to contact the local electric power utility prior to submitting an incentive application under this Regulation. 6.14.4. Proof of interconnection permit is required prior to receiving an incentive payment under this Regulation. Under exceptional circumstances and in PREAA's absolute discretion, which may be consulted with the electric power utility, PREAA may disburse an incentive without proof of dully executed interconnection agreement and permit if Applicant presents evidence of filing an application to interconnect with the electric power utility and the delay in its approval can be shown to be not Applicant's fault. 22 6.15 Renewable Energy Certificate (REC) Ownership 6.15.1. In accordance with Article 2.8 (g) of the Act, all environmental and social attributes, in the form of Renewable Energy Certificates (RECs) or otherwise, derived from the production of the GEPs that have received incentives under programs included in this Regulation, will be owned by PREAA. The System Owner, or any third party transferee, will own RECs derived from projects not receiving funds from the GEF. For stand-alone systems, PREAA may transfer the environmental and social attributes of the GEP, to the System Owner. 6.16 Reserved Prerogatives 6.16.1. By submitting an application under this Regulation, an Applicant is expressly authorizing PREAA to receive, gather, store, share and exchange with other local and federal governmental authorities, information regarding the GEP, Applicant, Customer, Authorized Representative and/or System Owner, as may be necessary to validate the information provided by Applicant and/or to evaluate and validate the 23 application. Disclosure of the information provided to PREAA may also be made available to Federal and Puerto Rico agencies for prosecution or further investigation if a violation or possible violation of a civil or criminal law has been committed, or as may be required by law. 6.16.2. By submitting an application, Applicant shall be certifying to PREAA that it has title, license, copyright and/or any other valid authorization to present the documentation included as part of the application, including design works and any other intellectual property. Should a dispute arise, formal or otherwise, at any time while in the process of applying or receiving an incentive under the Green Energy Fund, between Customer, System Owner or any other party with alleged rights over any of the documentation submitted, upon notice to PREAA of such dispute, PREAA shall cancel the application or reservation and return the documentation to Applicant, unless a judicial or administrative body with jurisdiction may otherwise order PREAA. PREAA shall also be 24 released and held harmless from any liability in connection with any copyright or intellectual property infringement or alleged infringement. 6.16.3. Completion of an application is voluntary, but failure to provide the requested information will preclude Applicant from completing a successful application, validation and/or evaluation process and no incentives will be granted under such application. 6.16.4. In addition to the prerogatives of PREAA stated in Section 6.12.4, PREAA reserves the right to visit or inspect a GEP site at any time during the Validation Process, Technical Evaluation Process or construction. 6.17 Safety The proposed GEP may in no way degrade the Facility safety and/or affect the security of its occupants. 6.18 Proper Disposal When applicable, all equipment removed from a Facility shall be properly recycled or disposed by Applicant in accordance with applicable law. 25 6.19 Location Only GEPs located in Puerto Rico are eligible to receive incentives hereunder. 6.20 Permanence Only permanent systems are eligible for incentives hereunder. Physical permanence is shown by equipment secured to a permanent surface using fasteners or other fittings standard to the industry. Any installation that shows signs of portability (unsecured equipment, quick disconnects, others) will not qualify for incentives hereunder. PREAA reserves the right to verify system permanence with a site inspection. GEF incentives recipients will be required to comply with a recapture period of at least five (5) years. If the System Owner removes the GEP from the Facility during this five (5) year period (hereinafter "disqualifying event"), the GEF incentive payment must be repaid to the GEF as follows: 100% of the payment must be repaid if the disqualifying event takes place within one year from the date placed in service; 80% of the payment must be repaid if the disqualifying event takes place after one year but before two years from the date placed in service; 60% of the payment must be repaid if the disqualifying event takes place after two 26 years but before three years from the date placed in service; 40% of the payment must be repaid if the disqualifying event takes place after three years but before four years from the date placed in service; and 20% of the payment must be repaid if the disqualifying event takes place after four years but before five years from the date placed in service. Funds that must be repaid to the GEF under these rules are considered debts owed to the Government of Puerto Rico and if not paid when due, will be collected by all available means against any assets of the System Owner, including legal enforcement 6.21 Government Certifications For PREAA to disburse a reserved amount, Applicants with a Reservation Agreement in an amount greater than $16,000 shall present the following certifications no later than upon project completion: 6.21.1. Certificate issued by the Puerto Rico Treasury Department evidencing that Applicant does not have any income tax debts outstanding, or if a debt is outstanding, he/she has a validly agreed upon and current payment plan. 6.21.2. Certificate of filing income tax returns with Puerto Rico Treasury Department for the prior five (5) 27 years. Applicants that have been organized or doing business in Puerto Rico for less than 5 years, will submit a sworn statement, in form and substance acceptable to PREAA, detailing such circumstances. 6.21.3. Certificate of no debt for real property taxes or for any other tax under Puerto Rico law. 6.21.4. Certificate of no debt with the Puerto Rico Department of Labor. 6.21.5. Certificate of no debt for Worker's Compensation Insurance. 6.21.6. Certificate of no debt for child support under Puerto Rico law issued by ASUME or under the law of any other state of the United States. 6.21.7. Sworn Statement in compliance with Act No. 428 of September 22, 2004. 6.22 Deed or Contractual Restrictions Incentives will not be granted where deeds, condominium laws, regulations, contractual or association by-laws prohibit the installation of equipment contemplated for the GEP. 28 6.23 Other Grants or Assistance Except as provided under Article 2.8 (d) of the Act and except as may be prohibited by other laws or regulations, other incentives may be combined with incentives hereunder to complete the construction or installation of a GEP. However, in no case may such project receive total incentives, including rebates and tax credits, among others, exceeding the overall project cost. Applicants may be asked to provide information about other incentives programs in which the submitted GEP will participate or has participated. 6.24 Fraud and Non Compliance 6.24.1. If the Applicant cannot comply with requirements of Law No. 458 of December 29, 2000, as amended (Law 458), or if there is evidence of fraud in the application process, PREAA reserves the right to reject the application or proposal. If the fraud or breach of Law 458 by Applicant is discovered after the incentive has been disbursed, Applicant shall return the incentive to PREAA. Applicant may also be subject to criminal charges. 29 6.25 Unforeseeable Circumstances If before a Reservation Agreement is signed, circumstances arise that require changes to the systems, equipment or Facility described in the application, Applicant must promptly notify PREAA. PREAA will evaluate if the changes require a new application. Such changes requiring notification to PREAA include, but are not limited to, a change in system size of more than 20%, change in equipment or a change of the proposed location. Under no circumstances will a change in Customer be accepted without canceling the application and requiring a new application under a new Customer name to be submitted. 6.26 Code of Ethics for Contractors, Service Providers and Applicants for Economic Incentives Applicants shall abide by Act No. 84 of June 20, 2003 (Code of Ethics for Contractors, Service Providers and Applicants for Economic Incentives) and may not have been convicted of any crime against public funds or public functions or being under investigation for any such violations. 6.27 Notices In line with PREAA's mission in protecting the environment and making Puerto Rico greener, all relevant parties are herein informed that 30 PREAA's main communication medium with Applicants shall be electronic mail, unless otherwise stated in this Regulation. Interested parties will be responsible for ensuring that the correct electronic addresses are provided to PREAA and that electronic mail systems used by Applicants are at all times functional. Should an Applicant or interested party (Customer or System Owner or Authorized Representative) experience any difficulty or has doubts as to the working conditions of its electronic mail system or provider, it has the responsibility of communicating with PREAA and provide PREAA an alternative physical or electronic address, particularly during period with set deadlines that may result in cancellation of an application or incentive if Applicant is not responsive. All electronic mail sent by PREAA without receipt of a nondelivery notification generated by the carriers will be assumed successfully delivered to and read by Applicant. Relevant deadlines and periods will begin counting from the following day. For example, a notice sent by PREAA via electronic mail on the 3ʳᵈ of August with a response deadline of fifteen (15) days therefrom, will have to be responded by Applicant on or before August 18. 31 Chapter Two TIER I PROGRAM I. Type of Awards Pursuant to Act 83, incentives under Tier 1 Program will be awarded by PREAA in the form of payment upon GEP completion and in accordance with this Regulation and the Tier 1 Reference Guide. Under no circumstances, shall Total Incentive Amount exceed 60% of Total Project Costs nor will Total Project Cost per installed Watt (System Capacity) exceed the Reference Cost. II. Eligibility 2.1 To the extent funds are available in the applicable funding cycle, Applicants may apply for a Tier I GEP incentive upon compliance with the terms and conditions of this Regulation. 2.2 Funds not allocated during a given funding cycle will be made available for distribution in the following funding cycle, if within the same fiscal year. 2.3 Customers may only apply for a single Tier 1 GEP per fiscal year. 2.4 The amount of the incentive shall be determined by taking into account the applicable reimbursement percentage of Total Project Cost, System Capacity and Reference 32 Cost. Tier 1 Reference Guide will illustrate the calculation formula to be used by PREAA to determine Total Incentive Amount. III. Application Procedure 3.1 Annual Tier 1 funding will be divided into funding cycles as defined in the Tier 1 Reference Guide. Incentives will be distributed to Applicants on a first come first served basis according to conditions set forth in the Tier 1 Reference Guide. 3.2 Applicants shall apply for Tier 1 incentives under the PR Green Energy Fund through the website indicated in section 6.2.1 of Chapter One to submit their applications. The following, without limitation, shall be submitted electronically into the application fields: 3.2.1. Applicant Information ,including Customer and Authorized Representative, and if Customer is a Tenant, when applicable; 3.2.2. Site Information; physical address where the GEP will be located; 3.2.3. System Information, including System Capacity, Project Costs, estimated annual energy production, GET equipment manufacturers and models, among others; and 33 3.2.4. Payment of Application Fee as per section 6.3 of Chapter one of this Regulation. 3.3 After an Applicant has duly completed the application and submitted the required documentation, an automatic pre-approval notice will be issued with a summary of the application. 3.4 All pre-approved cases will be subject to a Validation Process to be performed by PREAA. Validation Process shall include a site visit. Should the application be incomplete or require further clarifications or information in order for PREAA to complete the Validation Process, Applicant will receive an information request notice also stating the deadline and instructions for submittal. Information requests may include submittal of landlord acknowledgment and consent from landlord for tenant to install the GEP, shading analysis, resource studies, among others, as identified in the site visit and/or review of submitted application. Failure to submit the information by the deadline stated in the Information request notice shall result in the cancellation of the application. PREAA will complete the Validation Process within twenty (20) Business Days from the latter of the submittal of all information or the issuance of the pre-approval. 34 3.5 Upon final approval, PREAA will issue a notification to applicants with terms, conditions, and requirements to receive an incentive under this Tier 1 program. 3.6 The Customer and the Authorized Representative, if any, will then be required to present evidence of payment of Reservation Guarantee, evidence of insurance to cover the construction and sign a Reservation Agreement with PREAA no later than ten (10) Business Days from the date on which the notification was issued. Reservation Agreements shall be executed in accordance to terms and conditions defined by PREAA. If no agreement is executed or evidence of payment of Reservation Guarantee or insurance coverage is not presented within the ten (10) days period, the application will be cancelled. GEPs may not begin construction or installation until a Reservation Agreement is signed. 3.7 Funds will be reserved for a nine (9) months period from the date of signing the Reservation Agreement, during which time the GEP must be Completed. If the GEP is not Completed within this period, the reservation will be cancelled. Applicants are encouraged to begin permitting activities before applying or signing the Reservation Agreement to advance processes and ensure that the GEP will 35 be Completed within the nine (9) months reservation period. 3.8 Once the GEP is Completed, the Applicant shall submit a reservation claim, including all documents indicated in the Reservation Agreement. Required documents to be submitted with the reservation claim include, but shall not be limited to, the following: 3.8.1. Evidence of payment of GEP costs (other than long term debt); 3.8.2. Documents required under Section 6.21 of Chapter One of this Regulation; 3.8.3. Signed Interconnection Agreement with, and interconnection permit from, PREPA (or evidence of filing of application to interconnect with PREPA, as previously determined by PREAA); 3.8.4. Renewable Energy System Installation Certificate in accordance with OGPe Joint Regulation, Title XII, Chapter 55, Rule 55.6; and 3.8.5. Any other documentation specified in the Reservation Agreement. 3.9 Once the Applicant notifies PREAA of project completion, and submits all required documentation, PREAA will send an inspector to 36 verify GEP compliance with terms and conditions stated in the Reservation Agreement.