HomeMy WebLinkAbout2010/05/04 Item 3
4/29/2010
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING ..,
CHAPTER 20 OF THE CHULA VISTA MUNICIPALr..q:~.\~,.,UO)?i'Or.
CONFORM TO NEW PROPERTY ~~r\ER~~N ~RGY
RETROFIT PROGRAMS AUTHOR~'cr!\IDER CALIFORNIA
ASSEMBLY BILLS 811 AND 474
The City Council of the City of Chula Vista does ordain as follows:
SECTION I. That the title of Chapter 20 of the Chula Vista Municipal Code is hereby
amended to read as follows:
Title 20
ENERGY & WATER CONSERVATION
SECTION II. That Chapter 20.08 of the Chula Vista Municipal Code is hereby amended to
read as follows:
Chapter 20.08
MUNICIPAL SOLAR UTILlTY*
Sections:
20.08.010 Purpose.
20.08.020 Practices and procedures - Established.
20.08.030 Definitions.
20.08.040 Permit required.
20.08.050 Regulatory framework.
20.08.060 Consumer protection measures.
20.08.070 Violations.
· For other municipal utilities, see CYMC Title 13.
20.08.010 Purpose.
The purpose of this chapter is to grant the right to establish a municipal solar utility.
Notwithstanding the foregoing, nothing in this chapter shall preclude a residential or
commercial property owner from voluntarilv participating in programs established pursuant to
California Assembly Bill 811 (Contractual Assessments: Energv Efficiencv Improvements) or
Assembly Bill 474 (Contractual Assessments: Water Efficiency Improvements) commonly
referred to as Propertv Assessed Clean Energy (PACE) or similar programs. These programs.
authorized by federal. state. and/or local agencies. are created to provide free and willing
property owners with the option of funding energy and water efficiency and renewable energv
property improvements with third-party financing that is secured by the property and repaid
through a surcharge placed on the improved property's tax roles. Typicallv. these programs
are designed so that the debt service is offset by the resulting energy and water cost savings
generated by the project improvements and the financing period does not exceed the proiected
life of the improvements.
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4/29/2010
The welfare of Chula Vista residents has been jeopardized in the past by shortages of
natural gas, petroleum, propane and electric power. The shortage of available energy supplies
will continue during the coming decade unless measures are established to conserve the energy
available for the economy and the residents ofChula Vista. It is declared to be the policy of the
City to encourage and promote the use of solar energy in order to prevent or reduce an adverse
impact upon the economy of Chula Vista and in order to' prevent interruption of employment of
the residents of Chula Vista in commerce and industry and in order to prevent injury to the
health and welfare of the residents of Chula Vista due to the shortage and high cost of energy
in their homes and places of work.
It is also declared the policy of Chula Vista to improve the economics of solar energy
use by facilitating the leasing of solar energy devices. This policy is premised on a finding that
the initial cost of purchasing and installing a solar energy device is the primary economic
barrier to expanded solar energy use. California law currently provides that taxpayers who
lease a solar energy system from a municipal utility or from any lessor granted a permit from a
municipal solar utility shall receive a tax credit for the first three years of operation or until the
solar tax credit allowance terminates, whichever occurs first.
Upon the establishment of the Chula Vista municipal solar utility, residents ofChula
Vista who lease solar energy devices through such utility should be able to obtain tax credits.
However, as legal title to such solar energy devices is held by a person other than the resident-
user, the latter is particularly susceptible to harm caused by consumer deception, safety hazards
and the interruption of service. To help prevent such harm from occurring and to promote the
economic feasibility of solar energy use within the City, leasehold interests in solar energy
devices may be marketed within the City's jurisdiction by complying with the provisions of
this chapter and any rules and regulations promulgated by the City Manager to implement any
provisions of this chapter. Persons not participating in the municipal solar utility are not subject
to any of the procedures and provisions of this chapter. (Ord. 2012 ~ I, 1982).
SECTION III. EFFECTIVE DATE
This Ordinance will take effect 30 days after its final adoption.
Presented by:
Approved as to form by:
v
Michael Meacham
Director of Conservation & Env. Serv.
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