Commercial EV Charging Station Terms & Conditions

BWP Commercial EV Charging Station Rebate Program Terms and Conditions

Program Description

The Commercial EV Charging Station Rebate Program (the “Program”) by Burbank Water and Power (BWP) provides commercial customers rebates applicable against some of the costs of purchasing and installing qualifying electric vehicle (EV) charging stations, including utility infrastructure upgrade costs that customers may incur with BWP.
Eligible Customers

The Program is open to BWP commercial and industrial customers, including government agencies. Customers may assign their rebate payment to a single third party for each application.
Eligible Premises

Eligible premises must take electric service from BWP on a non-residential rate schedule, including, without limitation, common areas of multi-family residences, workplaces, retail/public charging locations, and commercial fleet charging operations.
Qualifying Charging Stations

Qualifying charging stations include Level 1 charging stations, Level 2 charging stations, and direct current fast chargers (DCFC). Notwithstanding the foregoing, Level 1 charging stations are only eligible in common areas of multi-family residences. Qualifying charging stations must meet the following requirements:
1. Charging Station Conditions: Qualifying charging stations must be purchased new and unused. Any units gifted, resold, rebuilt, rented, leased, received from warranty insurance claims, won as a prize, or new parts installed in existing units do not qualify.
2. Certification: Qualifying charging stations must be certified and listed by a nationally recognized testing laboratory (NRTL) as identified by the US Occupational Safety and Health Administration (e.g., Underwriters Laboratories or UL).
3. Installation: Qualifying charging stations must be permanently installed (either wall-, pole- or pedestal-mounted) by a licensed electrical contractor to the eligible premises. The charging stations must be powered through electric service provided to eligible customers by BWP.
4. Network: Qualifying charging stations must have network/Wi-Fi capability and be addressable by an EV charging network participating in the Program (i.e., qualifying charging stations must be connected to the EV charging network at all times). Customers must maintain an active subscription to any such EV charging network during the Service Period, as defined below. Customers authorize their EV charging network to share transactional data with BWP from the rebated charging stations for no less than the duration of the Service Period, as defined below, provided that such data may not include any personally identifiable information about charging station end-users. Customers also agree to receive load management signals (including pricing and demand response events)
  from such network.
5. Electric Vehicles: Qualifying charging stations must be used to charge on-road plug-in battery EVs or plug-in hybrid EVs approved by the US Department of Transportation for highway application and registered with the California Department of Motor Vehicles. Charging stations used to charge non-four wheel or off-road vehicles (e.g., motorbikes, golf carts, forklifts) are not qualifying charging stations.
6. Permits, Inspection, and Audits: All electric equipment necessary for the proper and safe installation and operation of charging stations must comply with all applicable requirements (including without limitation all required permits and inspections) from any codes, rules, and regulations from state, county, and city governments and any other restrictions from any other persons or organizations having authority, rights and/or privileges over such installation and operation (including, without limitation, property owners, and/or homeowner associations). All installed charging stations must have received permits with a “finaled” status from the City of Burbank. Customers shall maintain their records relating to the maintenance and repair of the qualifying charging stations and shall make them available for review by BWP upon prior written notice during the Service Period, as defined below.
7. Other Technical Requirements: A qualifying charging station includes one or more charge ports. Connectors attached to the same charging station must be able to deliver the same output power simultaneously to qualify as a charge port for a rebate under the Program. Qualifying charging stations must comply with either of the following technical requirements:
  
  – Level 1 charging stations must support the SAE International J1772 standard with a minimum output power of 1.4 kW
  – Level 2 charging stations must support the SAE International J1772 standard with a minimum output power of 3.3 kW, or
  – Each DCFC must have a minimum output power of 50 kW. Each premises, as defined below, must have DCFCs rebated under the Program that can support at least two of the following three fast charging connector types: CHAdeMO, SAE CCS, and/or Tesla. No more than two-thirds of all qualifying DCFCs deployed at a premises and rebated under the Program may support a single fast charging connector type.
Eligible installation Costs

Eligible installation costs are limited to direct costs for hardware and labor in connection with the deployment of panels, circuit breakers and meter sockets, electrical conduits, wiring, junction boxes, disconnects, switches, and fuses, together with trenching, resurfacing and connecting qualifying charging stations. Eligible installation costs also include any costs billed by BWP to customers to deploy electric utility infrastructure that may be required to serve qualifying charging stations. Notwithstanding any of the foregoing, costs incurred for the purchase and installation of charging stations, electrical conduits and panels required by the Burbank Building Code are not eligible cost under the Program. Similarly, charging station operation and maintenance costs (e.g., extended warranties, servicing contracts, EV charging network fees) are not eligible costs under the Program either.
Application and Rebates
1. Application Submission: The BWP customer of record for the eligible premises must submit a complete and signed application along with all required documentation (as defined in the Program application) to BWP by US mail or in-person delivery. Applications must be submitted no later than six months following the issuance date of “finaled” permits by the City of Burbank for the installation of qualifying charging stations.
2. Applications Processing: Applications are accepted on a first come, first served basis and processed in the order received. Funds are limited and rebates are not guaranteed. BWP may waitlist applications if funding is anticipated to become insufficient. BWP may also suspend Program enrollment and stop accepting applications until additional funding is available.
3. Maximum Rebate Amount: Rebate amounts are subject to change at any time and may be greater or less than the value shown in a Program application. The rebate amount will be determined based on the total cost of the charging station(s) and eligible installation costs, minus any other financial incentives or rebates received or to be received from third parties for the purchase and deployment of the charging station (the “Net Cost”). The rebate amount cannot exceed the Net Cost paid by eligible customers. Failure by customers to report to BWP all third-party financial incentives actually received or expected to be received in connection with the purchase and installation of qualifying charging stations may result in forfeiting any rebates under the Program and may require repayment of any previously paid rebates.
4. Rebate Limits: Rebates are limited per premises, as described in the Program application. Premises are defined as all of the real property and apparatus employed in a single enterprise on a contiguous parcel of land undivided by a dedicated street, highway, or other public thoroughfare, or a railway. A parcel shall refer to a single lot bound by one continuous property line. Automobile parking lots separated by an alley are considered to be part of a customer’s premises. Subject to all terms and conditions of the Program, eligible customers may receive rebates under the Program at multiple premises. Qualifying charging stations either with public access during normal business hours, or located in the common area of a multi-family residence or in a disadvantaged community, as designated by the California Environmental Protection Agency (CalEPA) using California Communities Environmental Health Screening Tool Version 3.0 results, may be eligible for enhanced rebate amounts.
5. Reservation: If applying before completing deployment of the qualifying charging stations, customers may request a rebate funding reservation (the “Reservation”). If such Reservation request is approved by BWP, customers must submit the documents required in the Program application on a timely basis or customers will forfeit their Reservation. BWP may grant extensions to those customers facing delays in submitting the required documents if BWP determines in its sole discretion that customers are actively engaged in deploying qualifying charging stations.
6. Documents: Applications received by BWP with missing documentation or applications that do not otherwise meet the Program requirements will be considered ineligible for a rebate. BWP is not responsible for documents lost or destroyed or delayed by the US Postal Service. Submitted rebate application and accompanying documents become the property of BWP. BWP may request additional documentation to verify that the business entity meets the requirements for eligibility under the Program. BWP may interpret documentation submitted by applicants at BWP’s sole discretion.
Other Terms and Conditions
1. Load Management Plan: Participating customers agrees to comply with a load management plan (the “Load Management Plan”) for the duration of the Service Period, as defined below. Customers may choose the standard Load Management Plan included in the program application or develop a customized Load Management Plan.
  1. As part of the standard Load Management Plan, participating customers must offer energy at cost, following any time variant pricing (seasonal, on-peak/off-peak) from the BWP rate schedule on which the rebated charging stations take service. Participating customers wishing to follow a customized Load Management Plan must seek BWP’s approval of the plan before payment of any rebate by BWP. The customized Load Management Plan must encourage off-peak charging and limit on-peak charging.
  2. All participating customers (whether on a standard or customized Load Management Plan):
    – Are not prohibited from including reasonable overhead costs as part of the charging fees required from end-users, provided that any such costs must be disclosed to end-users separately from any energy cost.
    – Agree to participate in future demand response programs offered by BWP, and
    – Agree to share anonymized transactional data from the rebated charging stations.
2. Service Period: The charging stations rebated through the Program must remain operational at the same service address for a minimum of five years from the date the rebate payment is issued by BWP (the “Service Period”) unless the BWP electric service account shown in the rebate application for the Program is closed. If the charging stations qualified for an enhanced rebate amount because public access is granted during normal business hours or the charging stations are located in the common area of a multi-family residence, customers must maintain such public access or location in a common area to the multi-family residence during the Service Period. Customers agree to maintain subscription to an EV charging network participating in the Program during the Service Period for all rebated charging stations. Until BWP publishes the name of EV charging networks participating in the Program, all such networks shall be deemed participating for purposes of applying for a rebate under the Program. Customers also agree to enroll in BWP’s commercial EV charging demand response program when available for no less than the duration of the Service Period.
3. On-site Inspections: BWP reserves the right to inspect the charging stations with reasonable notice before or after payment of a rebate, but in no event later than on the last day of the Service Period. Customers agree to provide BWP’s representative reasonable access to the installation location during normal business hours.
4. Rebate Repayment: Customers shall reimburse BWP the rebates received through the Program on a prorated basis over the Service Period or shall otherwise forfeit any rebate payable under the Program if BWP: (i) is not allowed reasonable access to the charging stations for inspection purposes by an authorized BWP representative or is not allowed access to documents for any audit, (ii) determines that the deployed charging stations and their operation do not meet the Program’s terms and conditions, including compliance with the Load Management Plan defined in Section 7.1 or the Service Period requirements set forth in Section 7.2., (iii) determines that Customer is not in compliance with applicable laws, rules and regulations applicable to the operation of the deployed charging stations and (iv) determines that the Customer application is false, misleading or inaccurate.
5. Low Carbon Fuel Standard: In consideration for receiving rebates under the Program, customers participating in the Program agree to assign all of their rights, titles, and interests under the Low Carbon Fuel Standard Program (California Assembly Bill AB 32), or any similar replacement program, to BWP as the fuel provider for the EV charging stations rebated under the Program. Participating customers authorize BWP to generate and retain ownership in any and all Low Carbon Fuel Standard credits in connection with such EV charging stations.
6. No Warranty: BWP makes no warranty and is not responsible for any representations, whether expressed or implied, including, but not limited to, the warranty of merchantability, fitness, performance, and longevity for any particular purpose, use, or application of the items or measures, manufacturers, dealers, contractors, or any other third parties, materials, workmanship, the quality, safety and/or installation of the items or measures, effects on pollutants or any other matter with respect to the Program. Moreover, BWP shall not be responsible for the workmanship including quality of installation, or the installer’s failure to comply with applicable safety standards as it relates to the installed equipment.
7. Data: BWP may utilize, without compensation, data generated by the use of the charging stations to improve BWP services, conduct studies, and for any other purposes in furtherance of BWP’s operations. Such data may also be provided to third parties for research and grant purposes and/or as required by law.
8. Terms and Conditions: Implementation and interpretation of the terms and conditions of this Program are at the sole discretion of BWP, provided that if any of the foregoing terms and conditions are held invalid, illegal or unenforceable by a court of law having jurisdiction, such decision will not affect the validity, legality and enforceability of the remaining terms and conditions. The Program may be modified or terminated without prior notice.
9. Indemnification: To the fullest extent provided by law, Customer holds the City, its elected officials, officers, agents, and employees, harmless from all claims, demands, lawsuits, judgments, damages, losses, injuries or liability to Customer, to Customer’s employees, to Customer’s contractors or subcontractors, or to the owners of Customer’s firm, which damages, losses, injuries or liability occur or which are connected, directly or indirectly, with Customer’s application or participation in the Program or in connection with the design, purchase, installation, maintenance, operation, removal or use of eligible or deployed charging stations (Program Participation). Customer shall investigate, defend, and indemnify City, its elected officials, officers, agents, and employees, from any claims, lawsuits, demands, judgments, and all liability arising out of, directly or indirectly, any error, negligence, recklessness, or omission of Customer or any of Customer’s officers, agents, employees, representatives, sub-Customers, or subcontractors, or the willful misconduct of Customer or any of Customer’s officers, agents, employees, representatives, sub-Customers, or subcontractors, in connection with the Program Participation.