Chapter 13.30
MUNICIPAL SOLAR UTILITY PROGRAM
Sections:
13.30.040 Regulation of solar leasing operation.
13.30.010 Findings.
The City Council of Rio Dell hereby makes the following findings:
(1) The residents of the City of Rio Dell face the certainty of continued escalating prices of energy supplies for home and continued dependence upon imported sources of energy.
(2) Solar energy has been found to be an inexhaustible, renewable and nonpolluting energy resource that can contribute to the public health, safety and welfare of the citizens of Rio Dell by reducing dependence on nonrenewable and imported sources of energy.
(3) The high initial cost of purchasing and installing a solar energy device is the primary economic barrier to expanded solar energy use. Leasing of solar energy devices has been proven to be an effective means of reducing this economic barrier and may be an attractive alternative to ownership for many customers.
(4) Section 17052.5 of the State Revenue and Taxation Code restricts eligibility for the California State 55 percent tax credit for solar leased systems to lessors granted a permit from a municipal solar utility program established by ordinance of the local jurisdiction prior to January 1, 1983.
(5) The establishment of a municipal solar utility program can increase public awareness of solar energy alternatives and lead to a greater degree of consumer protection and consumer confidence in leasing solar energy systems, thus substantially increasing the use of solar energy in the City of Rio Dell.
(6) The City of Rio Dell may choose to enter into a joint powers agreement (JPA) with other cities and/or county governments to facilitate the administration and/or implementation of a municipal solar utility project. [Ord. 169 § 1, 1982.]
13.30.020 Intent.
It is the intent of this chapter to establish a municipal solar utility within the City of Rio Dell for the purpose of facilitating the direct leasing of solar energy equipment and to establish regulatory authority for any solar leasing operation that may be conducted under the program. [Ord. 169 § 2, 1982.]
13.30.030 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meaning ascribed to them by this section:
“Leasing company” shall mean any person advertising, marketing, placing, installing, or maintaining solar energy devices pursuant to a leasing agreement.
“Municipal solar utility (MSU)” shall mean any program conducted by a local government or its authorized agent to promote the utilization of renewable energy and energy conservation technologies through educational, consumer protection or financial assistance programs.
“Solar energy device” shall include equipment and materials that are intended to be located on, or affixed to, real property that uses solar energy directly to (1) heat or cool a building or structure; (2) provide domestic hot water or hot water for recreational or therapeutic uses; (3) provide process heat or mechanical energy or generate electricity.
“Solar lease arrangement” means a contract between a lessee and an investor for the leasing of solar energy devices owned by the investor and leased and possessed by the lessee, which is affixed to or located at and servicing the real property owned or operated by the lessee. [Ord. 169 § 3, 1982.]
13.30.040 Regulation of solar leasing operation.
(1) No person shall operate a certified solar leasing company under the MSU program of the City of Rio Dell as established herein without having obtained a valid solar leasing permit from the City Manager. Such a permit shall authorize the conduct of solar leasing operations under the MSU program for a period of three years and shall be renewable. After the effective date of the ordinance codified in this chapter, and within 60 days after receiving the first written request from a leasing company for a solar leasing permit, the City Council shall by resolution establish all requirements for obtaining certification under the MSU program. Such requirements shall be limited to those which protect consumers against inexperienced or financially unstable leasing companies, substandard equipment or installation practices or unfair lease arrangements.
(2) Reasonable fees shall be determined to cover the cost of administering this chapter and may be established by resolution of the City Council. [Ord. 169 § 4, 1982.]