These terms and conditions (“Agreement”) create an agreement between the City of San José, a California municipal corporation (“City”), as administrator of San José Clean Energy (“SJCE”), and you, as a SJCE customer or customer’s authorized representative (“Participant”). This Agreement shall govern Participant’s participation in SJCE’s Multifamily Electric Vehicle Charger Assistance Program (“Charger Assistance Program” or “Program”). By participating in the Program, Participant agrees to fully comply with the terms and conditions set forth in this Agreement until the expiration of the Term (as defined below).

Charger Assistance Program

The Charger Assistance Program is designed to provide financial support to multifamily property owners and managers for the installation of EV supply equipment (“EVSE”) at eligible multifamily properties, in accordance with SJCE’s sole and absolute discretion. Participant shall be eligible for incentives, as determined by SJCE in SJCE’s sole and absolute discretion, so long as they install EVSE at an eligible multifamily property in accordance with the terms set forth herein.

Term 

This Agreement shall govern Participant’s participation in the Charger Assistance Program from October 28, 2024 through June 30, 2026, in accordance with this Agreement (“Term”).

Charger Assistance Program Incentives 

Eligible Participants may receive financial incentives for Eligible Costs (defined below) incurred while installing qualifying EVSE projects at Eligible Properties (defined below) on a first come first serve basis, so long as funds are available and Participant meets the terms set forth in this Agreement (“Program Incentives”). The types and quantity of EVSE installed will determine Participant’s Program Incentives, which may be characterized as any of the following:

Offering  Incentive  Applicable Cap *
L1 or L2 Outlet1  $2,000/outlet  Up to $50,000 per Eligible Property or 100% of total project costs, whichever is less.
L2 Charging Station2  $5,000/port 
Main Panel Upgrade  $5,000/panel  Up to $5,000 per Eligible Property or 100% of total project costs, whichever is less. 4+ ports required.

* Maximum Program Incentives available per eligible property: $55,000

Program incentive levels are subject to change or cancellation without notice and are subject to available Program funds. The City will issue Program Incentives to Participants upon project completion after all project details have been submitted, reviewed and approved, as described in the “Applying for Program Incentives and Application Approval” section below, and is not responsible for any misapplication for Program Incentives that result from Participant miscommunicating the specific details of a project.

Eligibility for the Charger Assistance Program

Participant hereby represents that it is eligible for incentives in the Charger Assistance Program and that Participant has met all the following eligibility requirements as set forth below:

  • Participant is the property owner of title, property manager, or an authorized representative of the property owner of title;
  • EVSE must be connected to a meter associated with an active SJCE customer account;
  • All work performed on projects under this agreement must be performed by contractor companies that hold a valid California C-10 license;
  • Installations must comply with all federal, state, and municipal laws, ordinances, rules, codes, standards, and regulations.
  • Installations must be voluntary and surplus—charging stations that are required to be installed by a regulation, local ordinance, building code, or other legal obligations (e.g., legal settlement, condition of lease agreement or use permit, EV-readiness ordinance) are not eligible;
  • Installations must be adding additional EVSE. Replacement of existing EVSE, whether operable or inoperable, is not eligible; and
  • Parking Type: Installations cannot be located inside private garages with access to only a single residential unit. All other parking types are eligible.
    • Assigned parking spaces are eligible;
    • Private garages that are only accessible by a single residential unit are not eligible, unless electricity to this area is provided by a common/shared electrical meter and not the electrical meter associated with the residential unit that is utilizing that private garage.

Participant agrees that it shall maintain all eligibility requirements during the Term. Participant’s failure to maintain all eligibility requirements during the term shall result in the termination of Participant’s application in the Charger Assistance Program and will forfeit any Program Incentives (as defined below). If, at any time during the Term, Participant fails to meet any of the above eligibility requirements, Participant shall deliver the City written notice by emailing askprograms@sanjoseca.gov. 

The City reserves the right to exclude any eligible SJCE customer from participating in the Charger Assistance Program, including any eligible SJCE customer having an Account with a delinquent balance. Eligibility requirements for the Charger Assistance Program may be subject to change, as determined by the City.

Eligible Properties

For a property to be eligible for Program Incentives, it must meet the below requirements:

  • The property’s master meter has an existing SJCE multifamily customer account in good standing;
  • The property has four or more housing units and is master metered. If the housing is not master metered (each home has its own electrical meter), it must meet the “Parking Type” eligibility above;
  • The property has not previously received Program Incentives and does not currently have Program Incentives reserved under this Program;
  • The property must be a multifamily residential property, which may consist of:
    • A single multifamily building; or
    • Multiple multifamily buildings that are part of the same condominium association, homeowners’ association (HOA), or under common ownership or management by a single property management company;
  • When multiple buildings fall under the same HOA, ownership entity, or property management company, they are considered a single property for the purposes of this Program, regardless of whether the buildings have individual street addresses or SJCE account numbers.

Qualifying Offerings 

For a EVSE project to qualify for Program Incentives, it must (a) comply with all City of San José permit and ADA requirements and (b) meet the below requirements outlined per measure offering:

L1 or L2 Outlets 

  • Outlets must be 120 volt or 208/240V outlets.
  • Each outlet must provide a 1.4 kW minimum power supply.
  • NEMA-rated receptacle for 15- or 20-amp circuit must be installed.
  • Receptacles installed outside must use NEMA 3R minimum rated enclosures.
  • There must be a dedicated EV charging circuit breaker that is clearly labeled in the service panel or sub-panel.
  • The outlet must be within 14 feet of a vehicle charging parking spot(s).
  • Installation must be completed by a valid California state-licensed electrician.

L2 Charging Stations 

  • Charger must utilize an SAE J1772 compliant charging connector.
  • Charger must have a 6.2 kW minimum capable power supply. Actual operating draw may be lower when controlled by power management.
  • Charger must be NEMA 3R rated minimum.
  • Charger must be UL 2594 certified by a Nationally Recognized Testing Laboratory (NRTL).
  • Equipment must be new and installed for the first time, hardwired and either installed on a wall or pedestal.
  • A minimum 3-Year Warranty must be included.

Main Panel Upgrades 

  • The existing electric panel must be upsized to a new or expanded capacity of at least 200 amps.
  • Must be specified and installed in compliance with the California Electrical Code.
  • The new panel must be required to enable the load of a minimum of four new ports.


Eligible Costs 

The following “Eligible Costs” may be covered by Program Incentives. To receive Program Incentives for Eligible Costs, evidence of all project costs must be submitted as described in the “Applying for Program Incentives and Application Approval” section below. Project costs can only include the monetary cost required to install the EVSE included within the scope of Participant’s application. The City requires itemized invoices fully documenting the project costs prior to issuing the incentive payment.

  • EV charging infrastructure hardware (EV charging stations and outlets);
  • Design and engineering services;
  • Installation labor costs;
  • Electrical improvements (including panel upgrade costs);
  • Networking or subscription costs, as applicable;
  • Utility service upgrades, net of any utility service allowance;
  • Operations and maintenance agreements;
  • Equipment warranties;
  • Costs associated with extended Wi-Fi or cell connectivity for EVSE;
  • Project signage;
  • Required ADA upgrades due to charging project;
  • Permit fees; and
  • Load management equipment.

Designated Applicant  

An organization or individual (contractor, developer, property manager, etc.) may be authorized by the property owner to act on the property owner’s behalf for the purpose of applying for and managing Program Incentives (a “Designated Applicant”). If the Designated Applicant applies for Program Incentive funds on behalf of the property owner, the property owner may authorize the incentives to be paid directly to the Designated Applicant. In this instance, the Designated Applicant will be required to provide proof that the full Program Incentive amount has been passed through to the SJCE Account Holder. Additionally, all Program Incentive disbursements will be verified with the property owner of title to ensure passthrough compliance.

Stacking Incentives 

EVSE installations may be eligible for additional funding from programs administered by other entities. When customers combine incentives from multiple sources, SJCE or City incentives may be reduced so total incentives do not exceed the applicable caps indicated in the Program Incentives table above.

Applying for Program Incentives  

Participant agrees to provide the City with all information necessary to properly apply for the Charger Assistance Program. Participant hereby represents and warrants that: (i) it has all necessary authorization to apply for the Charger Assistance Program or that either Participant, or a Designated Applicant for Participant, is accepting this Agreement on Participant’s behalf; and (ii) all information provided to the City to determine Participant’s eligibility for the Charger Assistance Program is true and accurate.

Participant acknowledges that applying for the Charger Assistance Program is limited and that the City, in its sole and absolute discretion, determines eligibility. Participant’s application for the Charger Assistance Program does not obligate Participant to install EVSE at their multifamily property. Participant acknowledges that participation in both the Charger Assistance Program and in installing EVSE is entirely voluntary.

Application Process 

Submit Application 

To apply for Program Incentives, complete the Charger Assistance Program application that can be found at www.SanJoseCleanEnergy.org/charger-assistance-program and email the application to askprograms@sanjoseca.gov. The City will respond with a Determination of Incentive Funds status within five (5) business days. Incentive Funds status may include, but are not limited to: 

  • Notice of Program Incentives Reservation: Participant will receive a Notice of Program Incentives Reservation and a Reservation Number if the application has been received, reviewed, and approved by the City’s. In order to be eligible to receive incentives, all installation and preparation work and equipment purchases must occur after Participant receives the Notice of Program Incentives Reservation. Any planning and design work occurring prior to Participant’s receipt of Notice of Program Incentives Reservation may be eligible for incentives at the City’s sole and absolute discretion, but are not guaranteed funding. Projects found to have a start-of-installation date prior to the submittal date will not be funded.
  • Notice of Waitlist: Charger Assistance Program applications will be accepted on a first come first served basis. If all budgeted Program Incentives have been reserved, additional applications received will be placed on a waitlist. Participant will be notified if Program Incentives become available for the application that has been placed on the waitlist in the order that they have received.
  • More Information Needed: If the submitted application was not complete, or more information is needed to process the application, SJCE or the City will reach out to the Participant to request more information. The date that the application was originally submitted will be used to determine priority over other submitted applications.

Submit Site Plans 

All projects that receive a Notice of Program Incentives Reservation must submit a preliminary site plan along with their Reservation Number and a picture of their existing electrical panel (if applying for incentives for a panel upgrade) to askprograms@sanjoseca.gov within sixty (60) calendar days from the Notice of Program Incentives Reservation date that outlines the total number and type of EV charging infrastructure to be installed and approximate location within the property. For project applications through a Designated Applicant, the applicant must also submit a Designated Application form and evidence that the preliminary site plan has been approved by the property owner of title. Applicants that do not provide a preliminary site plan within sixty (60) calendar days of the Notice of Program Incentives Reservation date will be cancelled at the City’s discretion.

Installation Verification 

To receive Program Incentives, Participant must provide all required Installation Verification documentation, detailed below, along with a completed Installation Verification form once the project is completed and within one year of the Notice of Program Incentives Reservation date or by the end of the Term, whichever comes first. If the project is not completed within one (1) year or by the end of the Term, Program Incentive funds may no longer be available.

  • Purchase invoice for equipment;
  • Purchase invoice for all installation costs;
    • If the project required a panel upgrade, the invoice must explicitly list this cost in a separate line item and only include those hardware or installation costs associated with the panel, if possible.
  • Design invoice for engineering and design costs;
  • Copy of permits from San José and (if applicable) utility permits/service orders;
  • Pictures of the following;
    • At least two photos of the newly installed and operational EV Charging ports;
    • Photos of all equipment serial numbers; and
    • If a panel was upgraded, photo of the new panel displaying all the circuits and a picture of the pre-existing panel.
  • Invoice for networking or subscription fees, if applicable;
  • Proof that customer incentives were passed along to the customer,
  • A copy of an up-to-date W9 for the property owner or Designated Applicant,
  • Invoice for operation and maintenance contract, if applicable; and
  • San José Inspection Card, including inspector sign-off.

All invoices must be marked as paid. The City or SJCE reserves the right to request additional documentation as needed for demonstration of compliance with Program requirements and audit Customer documents and attestations at its sole discretion. All Installation Verification documentation must be submitted, reviewed, and approved prior to issuing Program Incentives. 

Termination of Application 

Participant can terminate its application for the Charger Assistance Program at any time by emailing a written notice to askprograms@sanjoseca.gov including the reservation number (“Termination Notice”). Termination Notices contemplated hereunder shall be deemed to have been validly served, given, or delivered at the time indicated by the time stamp upon delivery, except that if received after 5:00 p.m. PPT, Termination Notice shall be deemed received on the next business day. Participant understands that once a Termination Notice is provided, Program Incentives may no longer be available for the project. . 

Participant Covenants 

In connection with this Agreement, Participant agrees that it shall: 

  • Not use the Charger Assistance Program for any unlawful purpose; 
  • Not infringe or violate the intellectual property rights or any other rights of the City of San José, and their members, employees, and agents; 
  • Not use the Charger Assistance Program in a manner that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;  
  • Not decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Charger Assistance Program; 
  • Not tamper with the equipment or operate it in an unsafe or unauthorized manner.  
  • Comply with all permitting and inspection rules and regulations for the installation set by the City of San José;  
  • Participate in online surveys and to respond to the communications regarding the Program; 
  • Keep the equipment installed and operational for a minimum of five years; 
  • Have an operations and maintenance contract to ensure equipment is up and running as much as possible; 
  • Provide the City and its authorized representatives access the multifamily property for verification of equipment operation or other follow-up activities for one year from receipt of Program Incentives;  
  • Provide testimonials or interviews, provide visual materials (photos, videos, etc.), allow photos of equipment to be taken, and contribute to other marketing and promotional activities related to the Program; 
  • Offer pricing to residents of the multifamily property that is reasonable and at-cost-parity with SJCE EV rates; 
  • Continue to receive SJCE’s generation service at the location where equipment is to be installed for a minimum of five years from the date of installation;  
  • Thoroughly and carefully read and understand and agree to these Charger Assistance Program terms and conditions set forth in this Agreement; 
  • Certify that the information supplied to the City is true, accurate and complete; and 
  • Inform the City if any information changes after the application has been submitted and approved.  
  • Insure the Property and arrange for sufficient coverage to pay for replacement of the EVSE in the event of destruction of or damage to the EVSE. The Participant agrees to use any insurance claim payments to pay for replacement or repair of damaged EVSE with comparable EVSE and to pay any costs not covered by insurance. 
  • Acknowledge and agree that the City and San José Clean Energy make no representations or warranties, express or implied, regarding the design, construction, installation, reliability, performance, operation, maintenance, or any use of the equipment discussed, selected, rejected, purchased, or otherwise considered by Participant. The City and SJCE hereby expressly disclaim all warranties, whether express, implied, oral, or written, statutory, or otherwise, regarding any subject matter of this program or any equipment installed as an upgrade pursuant to the Program. Participant acknowledges and agrees that any decisions regarding the selection, design, purchase, installation, use, and operation of any product, equipment, or improvement(s), or consideration or selection of any installer or contractor shall be at Participant’s sole discretion and is the Participant’s sole responsibility.  

Violation of any of the foregoing covenants is grounds for termination of Participant’s application for the Charger Assistance Program or may alter Participant’s ability to receive Program Incentives. 

Changes in Terms and Conditions 

The terms, conditions, and provisions are subject to change as determined exclusively by the City, which determination shall be made in accordance with the City’s sole and absolute discretion. Participants shall be notified, via email, of any updates to the terms and conditions. Any updates to the terms and conditions will also be available on the Charger Assistance Program website  www.SanJoseCleanEnergy.org/charger-assistance-Program.  

Participants are encouraged to check the terms and agreements regularly for any updates or changes. Participant’s acceptance of Notice delivered after this Agreement has been updated and posted to the Charger Assistance Program website serves as Participant’s acceptance of the updated version of this Agreement. 

Governing Law 

California law governs the construction and performance of this Agreement. 

Assignment 

Participant has no right to assign any part of this Agreement without SJCE’s prior written consent, which consent shall be withheld according to SJCE’s sole and absolute discretion. 

Disputes 

Any litigation resulting from this Agreement will be filed and resolved by either the Superior Court of California for the County of Santa Clara, or the San José Division of the Northern District of California. 

Survival of Provisions 

If a court finds any part of this Agreement unenforceable, all other parts shall remain enforceable. 

Headings 

The section headings are for convenience only and are not to be used in its construction. 

Entire Agreement 

This Agreement is the final, complete, and exclusive understanding of the parties as to the matters contained herein. This Agreement supersedes all prior communications and understandings regarding such matters. 

Warranties and Limitation on Liability 

NO GUARANTEES: Neither SJCE, nor the City make any guarantees, representations or warranties, expressed or implied, regarding the equipment purchased or installed pursuant to this Program program. Participant is solely responsible for any liability, legal or otherwise, arising from the installation, operation, and maintenance of the EVSE.  

WARRANTIES:  NEITHER SJCE, NOR THE CITY MAKE ANY REPRESENTATIONS OR WARRANTIES, AND ASSUME NO LIABILITY WITH RESPECT TO QUALITY, SAFETY, PERFORMANCE, OR OTHER ASPECT OF ANY EVSE OR IMPROVEMENTS INSTALLED PURSUANT TO THIS PROGRAM AND EXPRESSLY DISCLAIM ANY SUCH REPRESENTATION, WARRANTY OR LIABILITY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED TO CREATE ANY DUTY TO, ANY STANDARD OF CARE WITH REFERENCE TO, OR ANY LIABILITY TO ANY THIRD PARTY. NEITHER SJCE, NOR THE CITY, SHALL BE RESPONSIBLE FOR COSTS OR CORRECTIONS OF CONDITIONS ALREADY EXISTING IN THE PROPERTY WHICH FAIL TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.  

Participant shall defend, indemnify and hold harmless both the City and SJCE and their officers, employees, and agents against all claims, losses, damages, injuries, expenses or liabilities that – directly or indirectly, or in whole or in part – arise out of, pertain to, or relate to any of the following: (i) Participant’s enrollment and participation in the Charger Assistance Program; and (ii) any breach of this Agreement. 

For the avoidance of doubt, Participant acknowledges and agrees, to the maximum extent permissible by law, that: (i) Participant assumes full responsibility for any loss that results from Participant’s enrollment and participation in the Charger Assistance Program; and (ii) the City and SJCE shall not be liable for any indirect, punitive, special, or consequential damages, including any loss of data, profits, revenues, business opportunities, goodwill, or anticipated savings under any circumstances, even if such losses are based on negligence and regardless of whether SJCE terminates your enrollment or participation in the Charger Assistance Program.  

Costs 

There are no charges to Participant for enrolling or participating in the Charger Assistance Program. 

Customer Privacy Policy 

Please read San José Clean Energy’s Customer Confidentiality Policy or call us at 833-432-2454.