PACIFIC GAS AND ELECTRIC COMPANY’S WATTERSAVER PROGRAM TENANT TERMS AND CONDITIONS
WatterSaver is administered by Pacific Gas and Electric Company (PG&E) and implemented and managed by Association for Energy Affordability and their authorized representatives (AEA). Tenant’s participation in WatterSaver is subject to the Tenant’s agreement to comply with these multifamily property Terms as follows:
1. ELIGIBILITY REQUIREMENTS. The Tenant must be renting the Property listed on their WatterSaver application, receive its electricity from PG&E, and be on a time of use (TOU) rate schedule, unless participating in electrification pilots locations at: San Joaquin Valley: Alpaugh Census Designated Place (CDP), Fairmead CDP, Lanare CDP, La Vina CDP and Le Grand CDP, collectivity San Joaquin Valley Disadvantaged Communities (SJV DAC), approved in California Public Utility Commission (CPUC) Rulemaking 15-03-010 within PG&E’s operational territory. In addition, the Tenant’s Property Owner must have signed the WatterSaver Multifamily Property Owner Participation Agreement. Otherwise, the Property’s Water Heaters are not eligible.
2. AUTOMATIC TOU ENROLLMENT. If the Tenant is not enrolled in a TOU rate plan, Tenant participation in WatterSaver requires PG&E change the Tenant’s rate schedule to TOU (Peak Pricing 4-9 p.m. Every Day) (TOU-C). Regardless, Tenants on PG&E’s NEM 1.0 rate plan will be “trued up” if their rate plan changes before the end of the annual billing cycle. Tenant rate plan changes are effective within 7 days after their Program Project is confirmed, which will be reflected on the Tenant’s bill within 1-2 billing cycles. Once Tenant is switched to TOU-C, they can change their plan, provided the new rate is also a TOU rate.
3. PROJECT PURPOSE AND SITE ACCESS. Tenant’s Project purpose is to permit AEA to remotely control their Water Heater through a cloud service communication platform (Platform), to optimize comfort and savings under optimal time of day rates during load shift events (Events). At a mutually agreeable time, Tenant/Property Owner will provide AEA access to the Property Site to install the Control Device, if applicable, verify it is successfully connected to the necessary Software Platform, and determine if the Water Heater has a mixing valve installed at the Water Heater outlet, if applicable. Tenant agrees to facilitate with their unit occupants, if any, to cooperate with the Project implementation and grants AEA, the CPUC, and PG&E, reasonable access to the Property Site for Project inspection and verification.
4. ONLINE AND MOBILE COMMUNICATION. When Tenant agrees to these terms, they consent to receive automatic and/or voluntary alerts (Alerts) following certain changes to the Tenant’s Water Heater control or general information messages (Messages) about their account (e.g., Tenant TOU rate changes, modifications to their Water Heating schedule, etc). Alerts and Messages are turned on by default during the Project implementation. Alerts and Messages will be sent to the Tenant’s email address and/or mobile number provided in this Program Application. Tenant agrees to send any contact information changes via email or in writing to AEA. Tenant also agrees and consents to text/SMS message Alerts being sent to Tenant’s mobile device. Alerts will indicate and specify if the Tenant is expected to provide a response. Tenant can opt out of communications by submitting a request to [email protected]
5. EVENT OPT OUT. If the Tenant wishes to temporarily opt out of controlled Event (e.g. due to planned increased use such as multiple guests), they can opt out by either 1) submitting an opt out request to [email protected]
or 2) adjusting the Water Heater set-point during the Event.
6. INCENTIVE FUNDING. This Program is funded by California utility ratepayers. Funds are available on a first come first serve basis, until depleted, or the Program ends, whichever occurs first.
7. CALCULATION OF THE PROJECT INCENTIVE. Upon the Tenant’s agreement to these Program Terms and approval of their Project, Tenant will receive a one-time $50 digital redemption code incentive, limited to one per household. For each month the Tenant’s Project is active, the Tenant will earn a $5/month incentive (Incentive) payable as a redemption code at specific quarter end times as an accumulated Incentive amount, until the Program expires, funding is exhausted, or the Tenant or AEA terminates the Tenant’s participation in the Program, whichever occurs first. Each household cannot receive more than one Incentive per quarter. The Tenant’s Project is not considered active if the Tenant opts out of Events more than five days a month or their Platform connectivity is compromised more than 14 days within a month. A Tenant’s Project that is not active for more than three consecutive months, will be terminated from the Program and Incentives not claimed within 30 days, forfeited.
8. PROJECT TERM. This Agreement is effective upon Tenant’s acceptance of these Terms and their Project approval and shall continue until December 31, 2025, unless sooner terminated.
9. TERMINATION. Tenant’s participation in Program is voluntary, and Tenant and PG&E can terminate the Tenant’s Program participation at any time by Tenant sending an e-mail to [email protected]
or PG&E notifying the Tenant in writing. Upon termination, Tenant’s Water Heater will no longer be remotely controlled, and a final Program Incentive will be available as of the date of termination, provided Tenant’s Project has completed a 3-month Program cycle. If Tenant’s Project is terminated earlier than the fixed quarter payable end times, the Tenant’s accrued Incentive credit will be forfeited. Within 30 days of termination, any provided installed Control Device shall be returned to PG&E by either being arranged for pick up or otherwise provided with instructions. If the building’s Property Owner decides to terminate their agreement with WatterSaver, then the Tenant’s participation agreement will also be terminated.
10. PROJECT SAFETY CONSIDERATIONS. Tenant acknowledges there may be inherent dangers associated with Tenant’s Program participation and implementation of their Project. Depending on the Tenant’s Water Heater type, Tenant’s Water Heater may be heated to achieve warmer temperatures during the day when electricity rates are less expensive. This situation will be limited to Water Heaters that are confirmed to have a mixing valve installed that will maintain safe, warm water temperatures and prevent scalding.. Tenant is solely responsible for their own safety and anyone else using their Water Heater at the Project Site.
11. OWNERSHIP OF ENERGY USEAGE INFORMATION AND DATA. Tenant’s energy usage data and information resulting from their participation in WatterSaver shall be owned by PG&E, which includes, but is not limited to, all data, reports, research results, summaries, information, or other written, recorded, photographic, visual materials, and other documentation produced and collected during the Term.
12. TENANT CONSENT TO RELEASE ENERGY USAGE DATA. Tenant agrees to provide PG&E and AEA access to receive and/or retrieve certain personal identifiable information, including energy usage data, billing information, and account information, for the purpose of implementing Tenant’s participation in WatterSaver and subject to these Terms.
13. TENANT CONSENT TO DISCLOSE CONTRACTOR REFERRAL. Tenant agrees AEA can provide information to the implementer of the CPUC’s Technology and Equipment for Clean Heating Initiative programs to determine and verify if the Tenant enrolled in WatterSaver.
14. CPUC AUTHORITY AND DISCLOSURE. These Terms can be modified anytime by the CPUC. Project results, reports, energy usage data, or other information shall be made available to the CPUC upon their request.
15. NO WARRANTY AND DISCLAIMER. PG&E MAKES NO REPRESENTATION OR WARRANTY, AND ASSUMES NO LIABILITY WITH RESPECT TO QUALITY, SAFETY PERFORMANCE, OPERATIONAL CAPABILITY, RELIABILITY OR ANY OTHER ASPECT OF THE PROJECT OR RELATED INSTALLED EQUIPMENT AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSES.
16. NO OBLIGATION. California consumers are not obligated to purchase any full-fee service or other service not funded by this Program to implement this Project.
17. LIMITATION OF LIABILITY. Except for the Program incentives, PG&E shall have no liability for any Tenant costs or damages arising from or related to their Program participation, implementation or termination of their Project, or their Water Heater installed Control Device. In no event shall PG&E, AEA or Tenant be liable for any special, incidental, indirect, lost profits, or consequential damages.
18. ADVERTISING AND USE OF PG&E’S NAME. Tenant agrees not to use AEA’s and PG&E’s name in any published materials absent the written approval of such respective party.
19 ASSIGNMENT. No part of this Agreement may be assigned by Tenant without PG&E’s written consent.
20. NO DOUBLE DIPPING. Tenant will not seek or receive any additional incentives or rebates during their participation in Program related to load shifting of the Water Heater from other CA ratepayer programs.
21. TAX LIABILITY. The receipt of any Program incentive may result in taxable income to the Tenant, even if Tenant assigns the payment. Tenant is solely responsible for payment and reporting any tax liability arising from the incentive paid and should consult with their tax advisor.
22. TOXIC MATERIALS. PG&E and AEA shall have no responsibility for the discovery, presence, handling, removal, or exposure to hazardous materials of any kind, including related to the Project implementation.
23. GOVERNING LAW. This Agreement shall be construed in accordance with the laws of the State of California and exclusive jurisdiction and venue of San Francisco, California.