NJ SmartStart Buildings® Program Terms and Conditions FY2019 (July 1, 2018 – June 30, 2019)
- This application package must be received by the Program Manager on or before June 30, 2019 in order to be eligible for the fiscal year program (July 1, 2018 - June 30, 2019) incentives. All participating customers are required to submit the most current application form. All submissions will be reviewed based on the current program requirements and incentive levels approved by the Board of Public Utilities.
- Program Incentives are available to non-residential retail electric and/or gas service participating customers of a New Jersey Utilities. A participating customer must pay Societal Benefits Charges under a New Jersey Utility account serving the fuel type (electric or gas) applicable to the specific Energy-Efficient Measure. Participating customers who have not contributed to the Societal Benefits Charge of the applicable New Jersey Utility are not be eligible for incentives offered through this program. New Jersey Utilities include Atlantic City Electric, Jersey Central Power & Light, Rockland Electric Company, New Jersey Natural Gas, Elizabethtown Gas, PSE&G and South Jersey Gas.
- Each utility account requires a complete, separate application. Projects for the same utility account and the same technology being done at the same time should be submitted on one application.
- For all Prescriptive measures with the exception of Prescriptive & Performance Lighting, Lighting Controls and Custom measures, pre-approval is not required prior to installation, however any participating customer and/or agent who purchases and installs equipment without Program Manager approval does so at his/her own risk.
- For completed projects that do not require program pre-approval (excluding Prescriptive Lighting, Prescriptive Lighting Controls, Performance Lighting and Custom Measures) the application must be submitted to the Program Manager within 12 months of equipment purchase. Sufficient documentation must be provided confirming the date of equipment purchase (material invoice, purchase order, etc.).
- In order to be eligible for program incentives, a participating customer, or an agent (contractor/vendor) authorized by a participating customer, must submit a properly completed application package that is signed by the participating customer. A complete application package should include all documentation listed in the checklist section of the application.
- Project invoices submitted after installation should list both the labor and material costs separately. The invoice should include a description of the equipment installed, quantity, and unit price. For projects that are self-installed by the participating customer, a signed letter on participating customer letterhead may be provided in lieu of a labor invoice attesting to the start and end dates of the self-installation.
- Energy-Efficient Measures must be installed in buildings located within a New Jersey Utilities’ service territory and designated on the participating customer’s incentive application.
- Program Incentives are available for qualified Energy-Efficient Measures as listed and described in the Program materials and incentive applications.
- The participating customer must ultimately own the equipment through an up-front purchase. Equipment procured by participating customers through another program offered by New Jersey's Clean Energy Program or the New Jersey Utilities, as applicable, are not eligible for incentives through this program.
- Incomplete application submissions, applications requiring inspections and unanticipated periods of high volume may cause processing delays.
- Program Incentives will not exceed:
- the approved Program Incentive amount,
- total project cost of the Energy-Efficient Measure, whichever is less, excluding NJ state sales tax as determined by the Program Manager. Project costs include the expenses directly associated with the Energy-Efficient Measure.
- Products offered at no direct cost to the participating customer are ineligible.
- Program Incentives are limited to $500,000 per utility account in a fiscal year.
- The Program Manager reserves the right to conduct a pre-inspection of the facility prior to the installation of equipment for Prescriptive Lighting, Performance Lighting, Lighting Controls and Custom Measures applications. Pre-inspections will be performed prior to the issuance of the approval letter. Work must not begin prior to formal program approval.
- All projects are subject to post-inspection to confirm equipment installation prior to payment.
- The Program Manager reserves the right to verify sales transactions and to have reasonable access to Participating Customer’s facility to inspect pre-existing product or equipment (if applicable) and the Energy-Efficient Measures installed under this Program, prior to issuing incentives or at a later time.
- The applicant allows reasonable access to the property to inspect the installation and performance of the technologies and installations that are eligible for incentives under the guidelines of New Jersey’s Clean Energy Program.
Tax Clearance Certificate Requirements
- Participating customers must provide a Tax Clearance Form (entitled "Business Assistance or Incentive Clearance Certificate") for Board of Public Utilities use.
- The name of the customer listed on the certificate must match the participating customer name listed on the utility bill and the application.
- The participating customer tax ID listed on the application must agree with the tax ID listed on the Certificate.
- Certificates are valid for 180 days and must be valid on the date the Program Manager signs off on the incentive.
- Participating customers must provide a Tax Clearance Form (entitled "Business Assistance or Incentive Clearance Certificate") for Board of Public Utilities use.
- If an application package is incomplete, information is missing or deemed insufficient, a deficiency notice will be sent to the participating customer requesting additional information via e-mail. The information or documentation requested on the letter must be received by the Program Manager within 30 days of the date of the request. If additional deficiencies are still noted, there will be up to two additional notifications issued with the same time frames.
- If a participating customer fails to respond to a deficiency request within 30 days or exceeds the three attempts provided, the application will be cancelled. If a project is cancelled, participating customers may re-apply under the program incentives and requirements in place at that time.
- Pre-approved projects are given a one year approval in which the proposed measure is to be installed and operational. When a project has expired the participating customer will have 30 days to either submit a request for an extension OR submit final project paperwork. If no response is received within 30 days of expiration, the project will be cancelled.
- Extension requests must be in writing from the participating customer and include the circumstances that led to the extension request, and the percentage of the project completed.
- Extension requests may be granted for a period no longer than six (6) months. The Program Manager may provide up to two, six month extensions from the original approval expiration date.
- Upon expiration, if the project has not started and the participating customer is still interested in installing the equipment, the existing application will be cancelled and a new application package must be submitted, which will be reviewed under the program incentives and requirements in place at that time.
Change in participating customer name/payee after pre-approval
To initiate a change to the participating customer name or payee on a pre-approved application, the following documentation must be provided:
- A signed letter on participating customer letterhead authorizing the change
- A new signed application reflecting the updated participating customer or payee name
- For name change - a utility bill in the name of the new participating customer
All name changes requests are subject to Program Manager approval. Certain requests may require additional information to be submitted as defined by the Program Manager.
The Program Manager will not be responsible for any tax liability that may be imposed on any participating customer as a result of the payment of Program Incentives. All Participating Customers must supply their federal tax identification number or social security number to the Program Manager on the application form in order to receive a Program Incentive.
Projects with a contract threshold of $15,444 are required to pay no less than prevailing wage rate to workers employed in the performance of any construction undertaken in connection with Board of Public Utilities financial assistance, or undertaken to fulfill any condition of receiving Board of Public Utilities financial assistance, including the performance of any contract to construct, renovate or otherwise prepare a facility, the operations of which are necessary for the receipt of Board of Public Utilities financial assistance. By submitting an application, or accepting program incentives, applicant agrees to adhere to New Jersey Prevailing Wage requirements, as applicable.
The Program Manager and Administrator do not endorse, support or recommend any particular manufacturer, product or system design in promoting this Program.
The program manager and administrator do not warrant the performance of installed equipment, and/or services rendered as part of this program, either expressly or implicitly. No warranties or representations of any kind, whether statutory, expressed, or implied, including, without limitations, warranties of merchantability or fitness for a particular purpose regarding equipment or services provided by a manufacturer or vendor. Contact your vendor/services provider for details regarding performance and warranties.
Limitation of Liability
By virtue of participating in this Program, Participating Customers agree to waive any and all claims or damages against the Program Manager or the Administrator, except the receipt of the Program Incentive. Participating Customers agree that the Program Manager’s and Administrator’s liability, in connection with this Program, is limited to paying the Program Incentive specified. Under no circumstances shall the Program Manager, its representatives, or subcontractors, or the Administrator, be liable for any lost profits, special, punitive, consequential or incidental damages or for any other damages or claims connected with or resulting from participation in this Program. Further, any liability attributed to the Program Manager under this Program shall be individual, and not joint and/or several.
The New Jersey Board of Public Utilities reserves the right to extend, modify (this includes modification of Program Incentive levels) or terminate this Program without prior or further notice.
Participating Customer’s Certification
Participating Customer certifies that he/she purchased and installed the equipment listed in their application at their defined New Jersey location. Participating Customer agrees that all information is true and that he/she has conformed to all of the Program and equipment requirements listed in the application.
The applicant gives the Program Manager permission to share records with the New Jersey Board of Public Utilities, and contractors it selects to manage, coordinate or evaluate the New Jersey SmartStart Buildings Program including the release of electric and natural gas utility billing information, as well as make available to the public non-sensitive information.
Energy-Efficient Measures – Any device eligible to receive a Program Incentive payment through the NJ Clean Energy Commercial and Industrial Program (New Jersey SmartStart Buildings).
New Jersey Utilities – The regulated electric and/or gas utilities in the State of New Jersey:
- Atlantic City Electric
- Jersey Central Power & Light
- Rockland Electric Company
- New Jersey Natural Gas
- Elizabethtown Gas
- PSE & G
- South Jersey Gas
Administrator – New Jersey Board of Public Utilities, Office of Clean Energy.
Participating Customers – Those non-residential electric and/or gas service customers of the New Jersey Utilities who participate in this Program.
Product Installation or Equipment Installation – Installation of the Energy-Efficient Measures.
Program – The Commercial and Industrial Energy- Efficient Construction Program (New Jersey SmartStart Buildings) offered herein by the New Jersey Board of Public Utilities, Office of Clean Energy pursuant to state regulatory approval under the New Jersey Electric Discount and Energy Competition Act, NJSA 48:3-49, et seq.
Program Incentives – Refers to the amount or level of incentive that the Program provides to Participating Customers pursuant to the Program offered herein (see description under “Incentive Amount” heading).
Program Manager – TRC Energy Services.
Energize CT Terms and Conditions
I certify that I have purchased and installed the indicated energy-saving products on or after January 1,
2018 for use in the business facility listed above and not for resale. I have attached the itemized proof of
purchase (sales slip or invoice, including model numbers of lamps, etc.) I agree to a verification by a Utility
representative of both the sales transaction and product installation and also allow Utility access to preand
post-monitor the installation. Falsifying any of the above information will void this rebate application
and any future rebate applications. I agree that to qualify for 100% of the rebate or account credit, I must
be receiving a substantial amount of electricity needed by the facility where the lighting equipment is
installed, via Utilities’ distribution equipment, otherwise the incentive will be prorated by multiplying the full
incentive by the percentage of the facility’s total electrical needs that is delivered via Utilities’ distribution
equipment. Utility shall mean Eversource Energy of United Illuminating only.
Application Offer: This rebate program covers eligible products purchased and installed on or
after January 1, 2018, through December 31, 2018. Details of the 2018 Express Service Lighting Rebate
for Commercial and Industrial Customers (“Program”) and rebate levels are subject to change without prior
notice. Contact your “Participating Utility” representative for the latest program details. This application
form (“Application”) required documentation must be received by January 31, 2019. Availability of funding
is not guaranteed. The utilities reserve the right to cap rebate amounts. For more information, please call
Eligibility: Rebates are available to industrial, commercial, institutional, and agricultural electric
service customers with a commercial rate code on their electric service. New construction is NOT eligible.
For major renovations and inspections, contact an authorized utility representative. Residential customers
may apply for a rebate for common areas of multi-family housing. All residential multi-family Eversource
Energy (Eversource), hereinafter referred to as Eversource, customers must have a commercial revenue
code on their account to be eligible for rebates
Payment: Please allow at least 30 days for payment. Payment process may take longer if information
is missing on Application, or if a post-inspection is needed.
Rebate Amount: In no case will your Participating Utility pay more than 100% of the purchase
price shown on the invoice.
Pre-approval And Verification: Rebates exceeding $5,000 must be pre- and
post-inspected by an authorized Participating Utility representative. Additionally, Participating Utility
reserves the right to inspect any installation prior to issuing rebates.
Rebate Levels: Rebate levels will be confirmed upon receipt of detailed invoices (stating quantities
and part numbers) specifications sheets (if applicable), along with post-inspection results (if applicable).
Tax Liability: Your Participating Utility will not be responsible for any tax liability that may be
imposed on the Customer as a result of the payment of rebates. All Customers must supply their Federal
Tax Identification Number or Social Security Number (IRS Form W9) as part of this Application to receive
Endorsement: Your Participating Utility does not endorse any particular manufacturer, product, or
system design in promoting this Program. All LED fixtures or lamps must be ENERGY STAR® or
DesignLights™ Consortium qualified. The lists of qualifying products can be found at www.energystar.gov
and www.designlights.org, respectively.
Forward Capacity Market and Class III Credits:
ISO-NE Capacity Payments: By signing this document, and as a condition to receiving a rebate
pursuant to this program, the customer acknowledges and agrees that any and all payments, benefits
and/or credits associated with or applicable to the customer’s participation in the program that is the
subject of this Agreement in connection with the ISO New England, Inc. Forward Capacity Market (“FCM”)
or any existing, successor or replacement markets, (including, but not limited to, any and all transitional
FCM credits or payments or any and all other capacity-related credits, payments and/or benefits for which
such customer is eligible) shall be deemed as and form capacity payments, credits and/or benefits of The
Connecticut Light and Power Company, doing business as Eversource Energy (Eversource), or The
United Illuminating Company (UI), as applicable. The customer hereby assigns to Eversource or UI, as
applicable, all of its right, title and interest in and to any and all such capacity payments, credits and/or
benefits, and agrees to take any and all action, including executing and delivering any and all
documentation and/or instruments, as requested by Eversource or UI, as applicable, to evidence the
same. FCM means the market for procuring capacity pursuant to ISO-NE Tariff, FERC Electric Tariff No.
3, Section III, Market Rule 1, Section 13, any modifications to the FCM, or any successor or replacement
market/capacity procurement process.
Class III Conservation Credits: Any Class III renewable energy credits and/or
conservation credits received in connection with this program shall be retained by the Companies pursuant
to the laws of the State of Connecticut and/ or applicable PURA decision in effect as of the date hereof
Specific Requirements: The Participating Utility reserves the right to modify payment options
and restrict the amount of the rebate available for facilities using self-generation for non-emergency
U.L. Listing: Items eligible for a rebate must be U.L. listed. Reflectors must be U.L. classified.
Wattage Reduction: There must be at least a 10% system wattage reduction between the old
and new system wattage for product to qualify.
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Indemnification : You agree to indemnify, defend and hold EFI and its officers, directors, employees and agents and
affiliates, harmless from and against all claims, demands, suits, or other proceedings, and all resulting
loss, damage, liability, cost and expense (including reasonable attorneys’ fees), brought by any third party
in connection with or arising out of your Application, any other content, data, or information that you
submit, post to, or transmit through the Site or EFI (including your Submissions and Feedback), your
access to and use of the Content, the Site and other materials, or other products and services available on
or through the Site and EFI, your violation of these Terms, or your violation of any rights of another. EFI
reserves, and you grant to EFI, the right to assume exclusive defense and control of any matter subject to
indemnification by you. All rights and duties of indemnification that are set forth herein shall survive
termination of these Terms.
Availability Subject To Interruption, Delay Or Force Majeure :
- Your access to, and the availability of, the Site may be interrupted or delayed at times for
maintenance, system outages, scheduled maintenance and other circumstances beyond EFI’s reasonable
control (e.g., viruses). EFI shall not be liable to you for any such interruption or delay.
- Not all of the products, modules, access levels, features, tools, or services described in the Site are
available for all users. You may not be eligible for or authorized to access all the products, modules,
features, tools, or services. EFI reserves the right to determine who may access any product, program,
tool, feature, module, or service. EFI further reserves the right to remove or make alterations to the Site, or
other products and services offered through the Site from time-to-time.
Governing Law; Jurisdiction : These Terms shall be made, governed, construed and enforced in
accordance with the laws of the Commonwealth of Massachusetts without reference to conflicts of law
principles except that the laws of the jurisdiction in which an intellectual property right exists shall govern
the nature and scope of such intellectual property and EFI’s rights to such intellectual property. However, if
any version of the Uniform Computer Information Transactions Act (UCITA) is or becomes a part of the
law of the Commonwealth of Massachusetts, said statute shall not govern any aspect of these Terms, and
instead the law as it existed prior to the enactment of that statute will govern. Each of you and EFI agrees
that any dispute or proceeding under these Terms shall be subject to the exclusive jurisdiction of the state
courts or the U.S. District Court located in Boston, Massachusetts to the extent such federal court has
independent subject matter jurisdiction without reference to this provision, and the respective court of
appeals, and each of you and EFI hereby irrevocably consents to the exclusive personal jurisdiction of
these courts, provided that notwithstanding the foregoing, EFI may seek equitable or injunctive relief,
including preliminary or provisional injunctive relief (such as a temporary restraining order or preliminary
injunction), and specific performance to enforce the provisions of these Terms or to protect the status quo
between the Parties in any competent court having jurisdiction of the other Party.
- Severability : In the event that one or more of the provisions herein shall be invalid, illegal, or
unenforceable in any respect, each such provision shall be deemed modified to the extent necessary and
possible to render it valid and enforceable. Notwithstanding the foregoing, the unenforceability or invalidity
of any provision shall not affect any other provision of these Terms, and these Terms shall continue in full
force and effect, and be construed and enforced as if such provision had not been included, or had been
modified as above provided, as the case may be.
- No Waiver : EFI’s failure or delay to enforce any provision of these Terms or respond to any breach
by you or others shall not operate or be construed as a waiver or prevent EFI from taking any permitted
action to prevent further breaches.
- Survival : The following provisions shall survive termination or expiration of these Terms: 1 (Privacy
Policy), 9 (Content), 12 (Disclaimer), 13 (Limitation of Liability), 14 (Indemnification), and 16
(Miscellaneous), as well as those sections that by their nature are intended to be applicable following the
expiration or termination of this Agreement.
- Entire Agreement : These Terms constitute the entire understanding of EFI and you with respect to
the subject matter hereof, and supersedes all prior and contemporaneous written and oral agreements
with respect to the subject matter.
- Assignment : You shall not be entitled to and shall not assign or delegate or otherwise transfer any
rights or obligations under these Terms to any other person, in whole or in part, except with the prior
express written consent of EFI which EFI may withhold in its sole discretion. Any purported assignment,
delegation, transfer, or novation in violation of the terms of this Section 16.6 (Assignment) shall be null and
void and shall be of no force and effect. EFI may assign, delegate, or otherwise transfer any and all rights
or obligations under these Terms, including to (a) any affiliate or (b) any entity in connection with the sale,
combination, or transfer of all or substantially all of the assets related to the Site or of control over EFI or
from any other corporate form of reorganization by or of EFI. Neither these Terms nor any rights
hereunder shall inure to the benefit of any trustee in bankruptcy or receivers of you, whether by operation
of law or otherwise. Any permitted successors and assigns of you or EFI shall be bound by the provisions
and obligations of these Terms applicable to the assignor hereunder. No provision of these Terms shall
create any rights or benefits in favor of third parties.
- Construction : The section headings in these Terms are for convenience of reference only, will not
be deemed to be a part of the Terms and will not be referred to in connection with the construction or
interpretation of the Terms. Any rule of construction to the effect that ambiguities are to be resolved
against the drafting Party will not be applied in the construction or interpretation of the Terms. As used in
the Terms, the words “include” and “including,” and variations thereof, will not be deemed to be terms of
limitation, but rather will be deemed in each instance to be followed by the words “without limitation.”
- Waiver of Trial by Jury: You and EFI hereby irrevocably waive any and all rights any of them may
have, now or in the future, to have any controversy between them or claim against any of them or any
other affiliate of EFI, arising out of or relating to these terms or any transaction or contract contemplated by
these terms or related hereto, including any claim based on or arising from an alleged tort or statutory
violation, be heard or decided by a jury in a trial or other proceeding.
By accepting the Terms and Conditions, you acknowledge that you have read and understand these
Terms and agree to be bound by them.
Peco ( PA ) Terms & Conditions
Final Customer Acknowledgement
As an eligible PECO non-residential customer, I certify that work was completed on this project
on or after June 1, 2016. The energy efficiency measures are for use in my non-residential
facility and not for resale. Project documentation, including product specification sheets, and
copies of dated invoices for the purchase and installation of the measures, is attached. I have
attached any other documentation requirements as detailed in the Application Manual found at
www.peco.com/smartideas, or requested of me by the program team. Final applications and all
documentation must be received by May 15, 2021, to be considered for the current program
I understand that the location or business name on the invoice must be consistent with the
application information. I agree to verification by the utility or its representatives of both sales
transactions and equipment installation.
I certify that the information on this application is true and correct, and that the Taxpayer ID
Number and tax status is the applicant’s. I understand that incentives over $600 will be reported
to the IRS unless the applicant submits appropriate exemption documentation.
I agree that if: (1) I do not install the related product(s) identified in my application, or (2) I
remove the related product(s) identified in my application before a period of five years or the
end of the product life, whichever is less, then I shall refund a prorated amount of incentive
funds to PECO based on the actual period of time in which the related product(s) were installed
and operating (or the full amount if the product was never installed). Any measure that I have
installed in my facility must provide 100% of the energy benefits as stated in this application for
a period of five years, or for the life of the product, whichever is less. I understand that this is
necessary to assure that the project’s related energy benefits will be achieved.
I understand that the program may be modified or terminated without prior notice.
I understand that final applications and all required documentation must be received by the
PECO Smart Ideas for Your Business program within 90 days of project completion but no later
than May 15, 2021 and that all equipment must be purchased and installed prior to submitting
the final application.
I understand that this project must involve a facility improvement that results in improved energy
efficiency and/or a permanent reduction in energy usage. I also understand that all materials
removed, including lamps and PCB ballasts, must be permanently taken out of service and
disposed of in accordance with all laws, including local codes and ordinances. I understand it is
my responsibility to be aware of any applicable codes or ordinances, and that information about
hazardous waste disposal can be found at:
I understand that in no case will PECO pay more than 100% of the total costs of the project. I
understand that PECO or its representatives have the right to ask for additional information at
any time, and that PECO Smart Ideas for Your Business will make the final determination of
incentive levels for this project.
I understand that my company may be recognized as a program participant in promotional
materials; however, project details will not be released to the public without prior consent. If I
choose to opt-out of any recognition, I will indicate my choice in a written letter to the PECO
Smart Ideas for Your Business team at 4377 County Line Road, Chalfont, PA 18914, or via
email to email@example.com.
I understand that PECO does not guarantee the energy savings and does not make any
warranties associated with the measures eligible for incentives under this program, and further,
that PECO has no obligations regarding and does not endorse or guarantee any claims,
promises, work, or equipment made, performed, or furnished by any contractors or equipment
vendors that sell or install any energy efficiency measures.
I understand that in the event the application was pre-approved and funds were reserved based
upon the application, such pre-approval or reservation, including the specific dollar amount of
reservation, did not represent a guarantee that such funds will be paid. Payment of incentives is
based upon the final application and program terms and conditions, as well as the availability of
funds. I have read and accept the PECO Smart Ideas for Your Business Terms and Conditions
as they appear in this application.