ADDENDUM TO CUSTOMER AGREEMENT
NY-Sun Incentive Program
June 2024 , Page | 1
Please check appropriate box below.
This Agreement is related to a PV project receiving incentive funding under the NY-Sun
Residential & Nonresidential Incentive Program
This Agreement is related to a PV project receiving incentive funding under the NY-Sun
Commercial & Industrial Incentive Program
All Participating Contractors must incorporate this Addendum into the agreement between the
Contractor and Customer (Agreement) for each PV project receiving incentives.
The following terms will apply to all NY-Sun supported PV projects under the Residential &
Nonresidential Program or Commercial & Industrial Program:
Attorney Consultation: The Agreement to which this Addendum is attached and made part is a legally
binding document; you may wish to consult with an attorney before signing.
Conflicting Terms: In the event of a conflict between the terms in any other contractual instrument
between the Contractor and Customer and the terms of this Addendum, the terms of this Addendum shall
control.
Assumption of Respo
nsibilities: Should the Contractor or owner of the PV System, including any
associated energy storage system installed under the NY-Sun Program, sell or transfer ownership of the
PV System, including, if applicable, the associated energy storage system, during the term of the
Agreement, the Contractor/owner agrees that it will alert Customer in advance of such transfer or sale, and
that, during the duration of the term of the Agreement, either: (1) the Contractor will remain responsible to
the Customer for all obligations and responsibilities stated herein, or (2) under the agreement of sale the
buyer will assume all responsibilities to Custom
er s
tated herein, if applicable.
Incentives:
Incentives are only available for the installation of new grid-connected PV Systems and energy
storage systems that have not been installed (partially or completely) prior to the Project Application
achieving a status of “Approved,” as determined by NYSERDA. Incentives are reserved at the incentive
level designated in the MW block in effect at the time of application submission. Incentives will not be
provided directly to Customers but are paid to the Contractor, who must apply the entire approved amount
to the Customer’s cost via a corresponding reduction in Customer’s Total System Cost or total payments.
The Contractor is required to disclose the full amount of the NYSERDA incentive to the end-use cu
stomer.
The Contractor i
s not permitted to collect the value of the incentive upfront and reimburse the customer
upon completion of the project, or upon receipt of the NYSERDA incentive. Nonresidential projects may
request a payment be made to another entity at time of application submission only. The Project Invoice
will be submitted by the Contractor or Builder once the system has been installed and interconnected.
C
ustomer Agreement: If the Agreement includes an energy storage system, such Agreement must
contain a provision whereby Contractor describes how the Storage System will perform in the event of a
power outage and how the Storage System will provide backup power. At a minimum, the Agreement
shall include a statement that the Storage System will not power the customer’s entire home in the event
of a power outage and shall describe: (1) the percentage of charge the Storage System will draw from a
paired PV System; (2) how many electrical circuits or appliances the Storage System can provide backup
ADDENDUM TO CUSTOMER AGREEMENT
NY-Sun Incentive Program
June 2024 , Page | 2
power for and at what amperages; (3) any reserve levels Contractor will establish for the Storage System;
and (4) whether and how the Contractor may or will administer and operate the Storage System to
optimize the customer’s home energy production and consumption and/or for demand response or other
utility-based programs.
Inspection/Reporting/Commissioning: For quality control purposes, all parties including the Customers
must provide NYSERDA or its representative with reasonable access to the PV System, including any
associated energy storage system installed under the NY-Sun Program, in order to conduct site inspections
or remote monitoring services. Final incentive payment may be contingent on NYSERDA inspection of the
installed PV System and/or energy storage system.
Publicity and Site Events: Customers and Contractors are required to collaborate with NYSERDA’s
Director of Communications should they prepare any press release or plan any news conference related
to the PV System and if applicable, the energy storage system. NYSERDA is authorized to use PV System
Tax I
ncentives: Customers are encouraged to consult the Internal Revenue Service (See www.irs.gov
),
the NYS Department of Taxation and Finance (See www.tax.ny.gov) and with an accountant/tax adviser
for details on eligibility for the credit provided in the law, regardless of whether the Builder/Contractor has
provided information regarding the expected tax benefits (real property, federal or state tax incentives, or
sales and use tax exemptions).
Net Metering: Customers may consult with their local utility regarding eligibility for net metering and
applicable monthly Customer Benefit Contribution Charge for on-site renewable energy projects installed
after January 1, 2022.
Consumer Information: New York consumers and customers are encouraged to consult the New York
State Office of the Attorney General web site for consumer information: www.ag.ny.gov
The NYS Consumer Protection Board offers additional information with the following publications:
www.dos.ny.gov/consumerprotection/publications.html
Customer authorizes NYSERDA to add Customer to the mailing lists and to share Customer’s information
with New York State government and other entities doing business on NYSERDA’s behalf. Customer
reserves the right to unsubscribe at any time.
Communication with Customer: Contractor and Customer agree that NYSERDA may, at NYSERDA’s
discretion, communicate by voice and/or written format with any PV System Customer with respect to any
matter relevant to a proposed or installed PV System and if applicable, a proposed or installed energy
storage system. Such communications may be in reply to an inquiry from a Customer or at NYSERDA’s
initiation.
Disclaimer: The Customer understands that neither NYSERDA nor the State of New York: (1) endorse
any Contractor; or (2) guarantee, warranty, or in any way represent or assume liability for any work
proposed or carried out by a Contractor or Installer. Additionally, NYSERDA is not responsible for assuring
that the design, engineering and construction of the project or installation of any solar electric generation
system, including if applicable, any energy storage system, is proper or complies with any particular laws,
regulations, codes, licensing, certification and permit requirements, or indu
stry standa
rds. NYSERDA does
ADDENDUM TO CUSTOMER AGREEMENT
NY-Sun Incentive Program
June 2024 , Page | 3
not make any representations of any kind regarding the results to be achieved by the solar generation
systems, including if applicable, any energy storage system, or the adequacy or safety of such measures.
Quality Solar Installer (QSI) Designation: NYSERDA’s Quality Solar Installer designation is solely based
on field inspected projects during the previous calendar year and the Gold Status is based on the Quality
Solar Installer designation for previous three years. The Quality Solar Installer Designation and the Gold
Status should not be construed as NYSERDA’s endorsement, guarantee, or warranty of any particular
manufacturer, product, the Builder, or the Contractor. NYSERDA does not endorse, guarantee, or warrant
any particular manufacturer, product, the Builder, or the Contractor, and NYSERDA disavows and provides
no warranties, expressed or implied, for any product or services that may be rendered by participating
contractor or builder.
Cost Estimate/Total System Price: The Customer has relied upon the Contractor to include any and all
costs associated with the complete installation of the proposed PV system, including if applicable, any
energy storage system, in the Agreement. If additional costs are sought from the Customer, the Agreement
may be cancelled without penalty and the customer may seek a full refund of any deposit paid to Contractor
or costs the Customer incurred under the Agreement, less any reasonable site visit fees charged by the
Contractor.
Incentive Estimate: If the Contractor does not submit a completed Project Application to NYSERDA, or if
the Project Application (a) is not approved by NYSERDA or (b) if NYSERDA approves a lower incentive,
the Customer may terminate the Agreement without penalty and seek a full refund of any deposit paid to
Contractor or costs he or she incurred under the Agreement, less any reasonable site visit fees charged
by the Contractor.
Approved System Design: NYSERDA may review the design of the PV System, including if applicable,
any energy storage system, considering issues including, but not limited to, system layout, orientation,
shading, expected output, etc. NYSERDA approval of the Project Application is contingent on adherence
to the proposed system design. Contractors/Builders must receive approval from NYSERDA for any
material modification of the proposed system or its components, or the incentive may be revoked.
System Warranty for Purchase Agreements: The Contractor shall offer a full, transferable warranty to
the purchaser of the PV System installed under this Customer Purchase Agreement for a period of five (5)
years after the Contractor has completed the installation and NYSERDA’s final approval has been
provided. This warranty covers all components of the generating system against breakdown or degradation
in electrical output of more than 10% from the original rated electrical output. This warranty shall cover the
full cost, including labor, rep
provide warranty coverage in a timely manner regardless of the level of support from the equipment
manufacturer. Warranty service requests shall be responded to within 72 hours and repairs shall be
completed within 30 days. Storage equipment must consist of commercial products carrying at least a 10-
year manufacturer warranty. The warranty must cover the entire energy storage system including ancillary
equipment and power electronics.
The Contractor shall provide the customer with information on any
additional or extended warranties that may be applicable.
Production Warranty for PPA/Leases: The Contractor shall offer a production guarantee to the
Customer for the initial term of this Agreement, at a minimum. This production guarantee will provide the
Customer with compensation if the system produces less than the guaranteed output as specified in the
ADDENDUM TO CUSTOMER AGREEMENT
NY-Sun Incentive Program
June 2024 , Page | 4
PPA or lease agreement. Guaranteed output may not allow cumulative degradation in electrical output of
more than 1% per year from the original rated electrical output for the initial term of this agreement. Under
no circumstance will the Customer be responsible for any labor and repair or replacement costs of defective
components or systems over the initial term of this Agreement. Should the Customer sell the property at
which the solar facility is located, the production guarantee is fully transferrable to a new lessee
, consistent
w
ith the terms of the lease or PPA.
The following term will apply ONLY to NY-Sun supported PV projects under the Commercial &
Industrial Program:
Commercial & Industrial Energy Assessment: The Contractor will provide building owners with
information on benchmarking tools, such as ENERGY STAR’s portfolio manager benchmarking tool or
other equivalent tool. If requested by the building owner, the Contractor or Builder will help input utility bill
information in the tool in order calculate an energy use index
and, where applicable, an ENERGY STAR
score. Customers will not be required to benchmark or implement energy efficiency upgrades as a pre-
requisite for receiving the standard NY-Sun incentive.
PV System Completion/Commissioning: The Contractor agrees to complete the installation of the PV
system, and request all necessary inspections, within 912 days of NYSERDA’s approval of the Project
Application. Unless written approval of an extension has been issued by NYSERDA, the Contractor will
be required to return any and all incentive payments to NYSERDA if this milestone is not met.
The following terms will apply ONLY to NY-Sun supported PV projects under the Residential &
Nonresidential Program:
Green Jobs Green New York (GJGNY) Financing: Should an eligible residential customer who chooses
to access GJGNY financing for their PV system project be unable to proceed with installation of the PV
system, due to either the system not meeting the Program’s eligibility requirements, or the customer is
denied low-interest financing through GJGNY, the customer may terminate the Agreement without penalty
and seek a full refund of any deposit paid to /Contractor or costs he or she incurred under the Agreement,
less any reasonable site visit fees charged by the /Contractor.
Residential Clipboard Energy Efficiency Assessment: The Contractor agrees to complete a clipboard
energy efficiency assessment consisting of two main components: an interview of the home owners to
determine energy-use habits, and identify energy-saving opportunities, especially low- and no-cost
measures that could reduce the electricity load of the residence. The Participating Contractor will review
assessment results with the homeowner and provide the homeowner with a copy of the assessment report.
Customers will not be required to implement energy efficiency upgrades as a pre-requisite to receiving the
standard NY-Sun incentive.
Nonresidential Energy Assessment: The Contractor will provide building owners with information on
benchmarking tools, such as ENERGY STAR’s portfolio manager benchmarking tool or other equivalent
tool. If requested by the building owner, the Contractor or Builder will help input utility bill information in the
ADDENDUM TO CUSTOMER AGREEMENT
NY-Sun Incentive Program
June 2024 , Page | 5
tool in order calculate an energy use index
and, where applicable, an ENERGY STAR score. Customers
will not be required to benchmark or implement energy efficiency upgrades as a pre-requisite for receiving
the standard NY-Sun incentive .
Affordable Solar Incentive – Contract Requirements: Contracts for PPA/lease projects receiving the
Affordable Solar additional incentive shall not contain price escalators over the life of the agreement, and
all projects receiving this incentive shall provide a cost savings to the customer over the life of the
agreement, as documented by the Affordable Solar Residential Project Screening Tool included in the
incentive application.
Contracts for PPA/lease projects participating in the TPO Pilot must reflect that the following requirements
are met:
• The project is financed through a fully prepaid lease or PPA, with no outstanding financial obligation
to the customer beyond the GJGNY loan.
• The project must provide annual customer cost savings of at least 50% per kWh for the lifetime of
the GJGNY loan, as documented in the GJGNY pro-forma tool submitted with the incentive
application.
• TPO Pilot projects must not exceed a GJGNY loan size of $6,000.
General Business Law: If this Agreement is deemed to be a Home Improvement Contract under the NYS
General Business Law §770, et seq., Customer is entitled to various notices. A description and explanation
of this law can be accessed at
htt
p://www.dec.ny.gov/lands/5341.html This Agreement may also be
subject to the federal Consumer Leasing Act (15 USC 1667 et. seq).
http://www.federalreserve.gov/boarddocs/supmanual/cch/leasing.pdf
Statement of Acknowledgement: By signing, all parties acknowledge that they have read and
understand all of the above information and requirements and agree to abide by them.
Contractor: By signing below, the Contractor confirms that there is a fully-executed Agreement to install
the PV project, and if applicable, the energy storage system, that has been signed by both Contractor and
Customer and that the costs and incentives stated on the NYSERDA approved application for incentive
funding are complete and accurate. The Contractor is responsible for keeping this document on file.
NYSERDA may request, at any time, that a signed copy of this addendum be provided.
Contractor further
attests that the customer signature appearing below is the true and genuine signature of the customer and
that it was affixed to this document on the date indicated.
Print Customer Name
Customer
Signature Date
Contractor Company Name
Contractor Name (Print)
Contractor Signature
Date
