HomeMy WebLinkAboutOrd 2010-3152ORDINANCE NO. 3l 52
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHAPTER 20 OF THE CHULA VISTA MUNICIPAL CODE TO
CONFORM TO NEW PROPERTY ASSESSED CLEAN
ENERGY RETROFIT PROGRAMS AUTHORIZED UNDER
CALIFORNIA ASSEMBLY BILLS 811 AND 474
The City Council of the City of Chula Vista does ordain as follows:
SECTION L 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 UTILITY*
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 CVMC Title 13.
20.08.010 Purpose.
The purpose of this chapter is to grant the right to establish a municipal solar utility.
Notwithstanding_the foregoine nothing in this chapter shall preclude a residential or commercial
property owner from voluntazil~participating in programs established pursuant to California
Assembly Bill 811 (Contractual Assessments: Energy Efficiency Improvementsl or Assembly
Bill 474 (Contractual Assessments: Water Efficiency Improvements) commonly referred to as
Property Assessed Clean Energy (PACE) or similar programs. These programs, authorized by
federal state and/or local agencies are created to provide free and willingproperty owners with
the option of funding energy and water efficiency and renewable energy property improvements
with third-party financing that is secured by the property and repaid through a surcharge placed
on the imRroved property's tax rolls Typically 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~eriod does not exceed the projected life of the improvements.
Ordinance No. 3152
Page 2
The welfaze 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 aze established to conserve the energy
available for the economy and the residents of Chula Vista. It is declared to be the policy of the
City to encourage and promote the use of solaz 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 declazed the policy of Chula Vista to improve the economics of solaz energy use
by facilitating the leasing of solaz 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 solaz 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
solaz 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 of Chula
Vista who lease solar energy devices through such utility should be able to obtain tax credits.
However, as legal title to such solaz energy devices is held by a person other than the resident-
user, the latter is particulazly susceptible to harm caused by consumer deception, safety hazazds
and the interruption of service. To help prevent such harm from occurring and to promote the
economic feasibility of solaz energy use within the City, leasehold interests in solar energy
devices may be mazketed 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 solaz utility are not subject
to any of the procedures and provisions of this chapter. (Ord. 2012 § 1, 1982).
SECTION III. EFFECTIVE DATE
This Ordinance will take effect 30 days after its final adoption.
Presented by
Mi aei ivieacham~~~~~
Director of Conservation and Environmental
Services
Approved as to form by
B C. Miesfel
City Attorney
Ordinance No. 3152
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
Califomia, this 4th day of May 2010, by the following vote:
AYES: Councilmembers: Bensoussan, Castaneda, Ramirez, Thompson and
Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
l ~ ~? _
Cheryl Cox, M r
ATTEST:
~~~,~,~
Donna R. Norris, CMC, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3152 had its first reading at a regulaz meeting held on the 20th day of April 2010,
and its second reading and adoption at a regular meeting of said City Council held on the 4th day
of May 2010; and was duly published in summary form in accordance with the requirements of
state law and the City Charter.
Executed this 4th day of May 2010.
~1lJti.~ a l~ RfJu~
Donna R. Norris, CMC, City Clerk