Geothermal Heat Pump Rebate Program General Terms and Conditions

Virginia Geothermal Heat Pump Rebate Program:

All applicants who seek to reserve or claim rebate funds are required to acknowledge reading and understanding terms and conditions and then must electronically accept terms and conditions before they are allowed to complete an online reservation or claim for rebate funds from the Virginia Energy Efficiency Rebate Program. The terms and conditions that must be accepted to complete an application also are provided here so that they are easily accessible to applicants, vendors, contractors and others.

• None of the funds provided under this program derived from the American Recovery and Reinvestment Act of 2009 may be used for or in relation to:
  Casinos or other gambling establishments, aquariums, zoos, golf courses, or swimming pools.
  
  
• Applicant affirms that he or she understands and agrees to comply with equipment and all other eligibility standards and requirements; and agrees that a successful reservation of funds for a rebate does not guarantee payment of a rebate. Applicant also agrees that a successful request for payment of a rebate does not guarantee payment of a rebate. If a rebate has already been paid on energy efficient items and equipment installed under a previous Virginia rebate program, applicant cannot apply for another rebate on the same system under this new rebate program.

• Applicant is solely responsible if equipment or services purchased do not comply with program requirements and are determined by the program administrator not to be eligible for a rebate. Applicant must comply with all program requirements and provide documentation acceptable to the program administrator before a rebate will be paid.

• Applicant affirms that he or she understands that the total rebate paid cannot exceed $2,000 for geothermal heat pump installation.

• Applicant shall hold the Commonwealth of Virginia harmless from any and all claims, demands, and actions based upon or arising out of any purchases of goods or services performed by applicant or by applicant’s agents.
  
  
• Applicant agrees to assume all risks of loss and to indemnify and hold the Department of Mines, Minerals and Energy (DMME), the Commonwealth of Virginia and its officers, agents and employees, harmless from and against any and all liabilities, demands, claims, damages, suits, costs, fees, and expenses, incidents thereto, for injuries or death to persons and for loss of, damage to, or destruction of property because of the applicant's negligence, intentional acts or omissions. In the event of any demand or claim, DMME or the Commonwealth of Virginia may elect to defend any such demand or claim and will be entitled to be paid by the applicant for all damages.

• A recipient is subject to audit by the state and federal government at any time up to five years after receiving a rebate funded by the American Recovery and Reinvestment Act. Recipient agrees to retain records for five years, provide access to records and the property where improvements were made and to cooperate if selected for audit. Authority for audits is covered in part under Section 1515(a) of the Recovery Act.

• Applicant is responsible for monitoring the program website, http://www.dmme.virginia.gov/DE/ARRA-Public/GeoThermalHeatPump.shtml, including the list of answers to frequently asked questions, to learn about possible program changes and to receive notifications and guidance on all aspects of the program.

• It is the intent of DMME to pay rebates in a timely manner, usually no more than four weeks after the program administrator has received an applicant’s rebate request and approved the applicant’s documentation of work, costs and eligibility.

• Applicant agrees to comply with all applicable local, state and federal building, fire and safety codes and regulations, including but not limited to obtaining a building permit when required, observing zoning requirements and consulting with local, state or federal safety and regulatory officials, including compliance with requirements to obtain approval in advance before making material changes to or changes that could impact historical structures.

• DMME will calculate deemed energy and environmental benefits and other potential impacts of equipment and measures that receive rebates. However, on a random basis some applicants for up to two years after the date when the program first accepts reservations for rebates will be asked to provide additional information to assist DMME to document and validate actual benefits of energy efficiency equipment and measures. Applicant agrees to participate if selected and agrees that the rebate received from DMME is fair compensation for reasonable time and effort to participate, if selected.

• Applicant assumes full risk and responsibility for all purchases of goods or services and agrees that applicant is solely responsible for decisions to make purchases that might be eligible for a rebate under this program.

• Applicant agrees to permit public disclosure of information. The federal legislation that funded this program requires transparency and public disclosure of how funds are managed, awarded and spent. It is possible that information about how individual rebates were awarded and spent could be publicly disclosed in some manner, including disclosure on a government website, in a news report or as a result of a request under the Freedom of Information Act.
  
  
• Applicant agrees that the program may be modified, suspended or discontinued by DMME without notice.

• Applicant agrees that funds reserved by applicant must be claimed within 60 days or applicant’s reservation and access to those reserved funds will be cancelled.

• Applicant understands that rebates will be reserved and distributed on a first-come, first-served basis until funds are depleted and that it will be necessary for DMME occasionally to suspend the reservation process temporarily to determine the availability of funds that were reserved but not claimed within the allotted 60-day timeframe.

• Applicant agrees to consult with and require vendor(s) or contractor(s) to first confirm in writing that vendor(s) or contractor(s) will provide services, equipment, materials and other items that are eligible for rebates and provide all documentation needed by the applicant to qualify for rebate(s) under this program BEFORE agreeing to purchase services, equipment, materials or other items.
  
  
• Applicant agrees to provide all documentation required to qualify for a rebate and to provide the documentation in a manner consistent with rebate program instructions, which specify that documentation is to be attached to a form that applicant can print out that will include a unique bar code to identify the applicant and facilitate processing by DMME. Documentation requirements vary by measure and include, but are not limited to, the following items:

• Copy of receipts or invoices. They must be dated and include adequate information to identify the seller and the equipment or services for which a rebate is sought. Minimum information includes identification of the equipment or services, such as the brand and model of equipment or a detailed description of services. Documentation must be provided on the invoice or by attaching a specification sheet to demonstrate that equipment and services meet the minimum standards of the program
• Signature forms completed, signed and dated by both the applicant and the contractor(s) used for the project.

• Some equipment eligibility standards and other rules in the Virginia Energy Efficiency Rebate Program are based in part on some standards and requirements of the Federal Tax Credits for Energy Efficiency program as described on the following Energy Star website: http://www.energystar.gov/index.cfm?c=tax_credits.tx_index#c3. The Virginia program is not exactly the same as the federal tax credit program, however. Eligibility for a federal tax credit does not guarantee eligibility for a Virginia rebate. Eligibility for a Virginia rebate does not guarantee eligibility for a federal tax credit.

• Applicant certifies that he or she at all times will be completely truthful, that no documentation of work or expenses will be altered, manufactured or falsely represented and that no rebate will be claimed in a manner or fashion that does not comply with program requirements.

• Only property with a physical Virginia address (no post office boxes) is eligible for energy improvement rebates under this program. The rebate maximums per measure and total rebate(s) amount ceilings apply to a single unique physical address. Applicant certifies that he or she has not applied and will not apply for a rebate or rebates that would exceed the limits per property by using multiple real or fictitious addresses, multiple real or fictitious applicant names or by any other means or process.

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