HomeMy WebLinkAboutOrdinance 68 ORDINANCE NO. 68
~q ORDINANCE OF .THE CITY 6F SARATOGA ESTABLISHING
A MUNICIPAL SOLAR UTILITY ~ROGRAM AND ESTABLISHING
INTENT TO R~ULATE THE LEASING OF SOLAR ENERGY DEVICES
The City Council of the City,ofISaratoga does hereby ordain
as follows: !
Section 1. Findings'. ,Th~ City Council of the City of Saratoga.
hereby makes the followinV !findings:
a) The residents of Saraeoga face the certainty of continued
escalating ~riC~s for~home energy supplies and continued
dependence upon imported sources of energy.
b) Solar. energy'has been,found to be an inexhaustible,
reliable and non-polldting energy resource that can
contribute to the public health, safety and welfare of
the citizens of SaratOga by lessening dependence upon
non-renewable and impgrted sources of energy.
c) The high initial cost of purchasing and installing a
solar energy device i~ the primary economic barrier to
expanded solar energy use. Leasing of solar energy
devices has proven to~be a~ effective means to reduce
this economic barrier~andmay be an attractive economic
alternative to. ewnership for many consumers.
d) Under Section 17052.5.of the State Revenue and Taxation
Code, California taxpayers who partially.own and partially
!lease on premises a solar energy. system from a Municipal
~tility Or~any lessorsgranted a permit from a Municipal
Solar ~tility established by ordinance of the local
jurisdiction prior to~January 1, 1983, are eligible to
claim the California Solar Tax Credit.
e) The establishment of ~ Municipal Solar U. tility ~rogram
can increase public awareness of solar energy alternatives
and lead to a greater!degree of consumer protection and
consumer confidence i~ leasing solar energy systems, thus
substantially increasing the use of solar energy within
the City of Saratoga.~
Section 2. Intent. It is. the intent of this ordinance to
establish a Municipal Solar Utility ~ithin the City of Saratoga, for
the purpose'of satsifying the requirements contained in Section 17052.5
or Section 23601 of the California Revenue and the Tax Code, and for
the purpose of facilitating the leasing ofsoiar energy devices and
to establish regulating authority for any solar leasing operation
that may be conducted under the program.
Section 3. Definitions. ~For the purpose of this ordinance,
the following words and phrases ~hall have the meanings ascribed to
themby this section.
a) Municipal Solar Utility
A Municipal Solar Utility (MSU) shall mean-a program
conducted by the Cityof Saratoga or its authorized
agent to promote the htilization of renewable energy and
energy conservation technologies through leasing of solar
energy systems as provided by Revenue Taxation Code,
Section 17052.5.
b) Solar Lease
A solar lease means a contract for the leasing of solar
energy systems owned by the lessor and used by the lessee,
which are affixed to, or located at, and servicing the
real property owned, or 9ccupied by the lessee.
c) Solar Lessor
Solar Lessor shall mean any individual or entity arranging,
pursuant' to a lease, f~r installation and servicing of
solar energy ~ystems.
d) Solar Energy System
Solar Energy System means equipment and materials that
are intended t6 be located on or affixed to real property
that uses solar energy for the purpose of any of the
following:
1) D6mestic, recreational, therapeutic, or service water
heating;
2) Space conditioning;
3) Production of electricity;
4) Process heat;
5) Solar mechanical energy; and
6) Wind energy for t~e production of electricity or
mechanical work.
The nerm "solar energy system"shall include, but is
not limited to, passive thermal systems, semipassive
thermal systems, active thermal systems, photovoltaic
systems and wind-driven systems.
S~ction 4. Regulation of Solar Leasing Operations
a) N6 individual or entity shall operate'as a'certified
solar lessor under the' Municipal Solar Utility Program of
the City of Saratoga as established herein without having
obtained a valid solar leasing permit from'the City of
Saratoga. Such a permit shall authorize the conduct of
solar leasing operations under the Municipal Solar Utility
Program for a period of one-year and shall be renewable,.
b) After the effective d~te of this ordinance,' and within
forty-five (45) days ~fter receiving the first written
request from a solar lessor for a solar leasing permit,
the City Council shall by resolution establish all
requirements fo~ obtaining certification under the Municipal
Solar Utility Program.. Such requirements shall be limited
to those which protect consumers against inexperienced
or financially unstable solar leasing companies, sub-
standard equipm~n~ or installation practices, or unfair
lease arrangements.
Section'5. 'Fees. Reasonable fees sh~ll be char~ed .to cover
the costs of administering this ordinance and may be established
by resolution of the City'Council.
Passed and adopted by the City Council of the City of Saratoga
on.December ]5 , 1982 by the ~following vote:
AYES: Councilmembers Clevenger, Fanel'ii, Mallory, Moyles, and Mayor Callon
NOES: None ' '
ABSTAIN: None *:~"
ABSENT: None
~YOR
ATTEST: The ~b0ve and f0reg0ing is a true a~d c0rrec~
coDy of O~dinance __~ which has been
'~, [~f~ published acc~2rdi::g td