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Participation Agreement Changes

Program/s: EmPower+  
To: Participating Contractors  
Summary: Participation Agreement Changes  
Questions: If there are any questions or you would like to change your participation status send an email to empower.residential@nyserda.ny.gov  

Beginning June 1, 2026, the following changes have been made to the Residential Contractor Participation Agreement and are applicable to all current participating contractors. For existing contractors, no action is required on your part to continue your participation.  

Below is a summary of the Participation Agreement updates:  

  • Definitions Section: Removed the Residential Energy Assessment definition 
  • Section 2.3: Added an EmPower+ Participating Contractors subsection outlining contractor requirements needed to participate in the Program. 
  • Section 3: Added “(Effective Date) through the close out of the NYSERDA Program(s) the Participating Contractor participates in, unless otherwise terminated in accordance with Section 4 of this Agreement.” 
  • Section 4.3 Added: Disciplinary Action: “NYSERDA may take disciplinary action against a Participating Contractor at any time.  This includes putting a Participating Contractor on probation, suspension or terminating this Agreement and the Participating Contractor’s ability to participate in the Program per the terms in the applicable Program Manual.  Disciplinary Action up to and including termination can be taken for reasons including but not limited: failure to maintain standards; poor performance in any NYSERDA or utility program(s) (including but not limited to New York State Clean Heat); unresponsiveness; inappropriate behavior; or failure to meet the terms of probation or suspension. If the Participating Contractor participates in multiple NYSERDA programs NYSERDA’s disciplinary status may be applied to each NYSERDA program.” 
  • Section 6.1: Removed the contract compliance exception for Residential Energy Assessment projects. 
  • Section 6.1: Added required language: “For all EmPower+ funded projects, the following customer language must be included: I understand that funding for this project will be approved by NYSERDA through the EmPower+ Program.  The EmPower+ Program requires the completion of required paperwork as well as required testing upon project completion.  I understand that EmPower+ Program funding will be withheld for this project if I fail to sign all required paperwork or if I do not allow the required testing to be completed at project completion.  If EmPower+ Program funding is withheld for this project, I understand that I will be responsible for payment of the total project cost to the EmPower+ contractor.” 
  • Section 6.7: Added an Artificial Intelligence (AI) subsection outlining the requirements surrounding AI use by participating contractors. 
  • Section 7.1: Added “The Participating Contractor shall promptly submit required project documentation for payment incentives per the applicable Program Manual.” 
  • Section 7.4: Added “The Contractor cannot bill the Customer for incentives on eligible measures that were installed but were not submitted to the Program in accordance with program guidelines.” 
  • Section 7.7: Added “During the Stop Work Order, Contractor payments for completed projects may be withheld until a thorough investigation is completed regarding NYSERDA’s concerns with the Contractor’s participation in the Program.” 
  • The Participation Agreement is no longer in the EmPower+ Program Manual and can now be found on the Contractor Support Site 

Should you no longer wish to participate in the Program, or if you have any objection to continuing participation in the Program under these terms and conditions, please provide notice to NYSERDA by emailing empower.residential@nyserda.ny.gov no later than June 30th, 2026.