Chapter 21.08 — DEFINITIONS

For the purposes of this title, the term "environment" includes the ecological environment of the county as well as the social, aesthetic and economic environment of the county. Impacts upon the quality of life within the county are considered environmental impacts. Therefore, the definition of environment is not limited by and may be broader than environmental considerations under the California Environmental Quality Act or the National Environmental Policy Act. (Ord. 1158 § 3, 2010)

"Electric transmission line" means any electric powerline within Inyo County carrying power from a photovoltaic, solar thermal or wind energy powerplant located within or outside Inyo County to a point of junction with an interconnected transmission system. "Electric transmission line" does not include any replacement on the existing site of existing electric powerlines with electric powerlines equivalent to such existing electric powerlines or the placement of new or additional conductors, insulators, or accessories related to such electric powerlines on supporting structures in existence on the effective date of the ordinance codified in this title or certified pursuant to this title.

(Ord. 1158 § 3, 2010)

"Facility" means any electric transmission line, solar thermal powerplant, photovoltaic powerplant, or wind energy powerplant to be constructed in Inyo County. A facility does not include a "solar energy system" or a pilot or proof of concept powerplant. (Ord. 1158 § 3, 2010)

"Mitigation" refers to mitigation of adverse environmental impacts and includes:

1. Avoiding the impact altogether by not taking a certain action or parts of an action;

2. Minimizing impacts by limiting the degree or magnitude of the action and its implementation;

3. Rectifying the impact by repairing, rehabilitating, or restoring the impacted environment;

4. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action;

5. Compensating for the impact by replacing or providing substitute resources or environments.

• (Ord. 1158 § 3, 2010)

"Modification of an existing facility" is an increase in the electric generating capacity of an

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Inyo County, CA

INYO COUNTY CODE

§ 21.08.050

§ 21.08.100

existing facility or electric transmission line by ten percent or more. (Ord. 1158 § 3, 2010)

"Person" means any natural person and any corporation, partnership, association, public entity and any other entity with legal existence under California law. "Person" also includes any city, county, public district or agency, the state or any department or agency thereof, and the United States and any department or agency thereof.

(Ord. 1158 § 3, 2010)

"Photovoltaic powerplant" means an electrical generating facility in which the total energy output is from the direct conversion of solar energy into electricity and which transmits a portion of the electrical energy off the site of the facility. The definition of a "photovoltaic powerplant" does not include a "solar energy system."

(Ord. 1158 § 3, 2010)

"Pilot or proof of concept powerplant" is a powerplant with a capacity of five megawatts or less that is designed and constructed to test the feasibility of constructing and operating larger capacity facilities.

(Ord. 1158 § 3, 2010)

"Resources protected by the public trust doctrine" are as defined by statute and the courts. Such resources include tidelands, navigable bodies of water, tributaries to navigable bodies of water, wildlife and wildlife habitat.

(Ord. 1158 § 3, 2010)

"Renewable energy development agreement" means an agreement for the development of a facility entered into by the county and a developer of a facility in lieu of a renewable energy permit or a renewable energy impact determination. A renewable energy development agreement shall be processed in the same manner as a development agreement described in Title 20 of this code except that the county planning commission will not be involved in the consideration, approval or review of such agreements, nor will the planning commission be the county agency for the purpose of California Environmental Quality Act review and processing for such projects. Further, a renewable energy development agreement may be exempted from the annual review provisions of Title 20, Section 20.08.050 if the renewable energy development agreement contains the enforcement provisions set forth in Sections 21.24.010 to 21.24.080 of this title. The county planning director is the point of contact regarding a renewable energy development agreement. Renewable energy development agreements must include a reclamation plan, acceptable financial assurances, be consistent with the county general plan, be approved by the board of supervisors, which will be the review and processing agency for compliance with the California Environmental Quality Act, and must include provisions acknowledging that the agreement is enforceable by injunctive relief contractual remedies and other remedies provided

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Inyo County, CA

RENEWABLE ENERGY DEVELOPMENT

§ 21.08.100

§ 21.08.140

by law and equity. (Ord. 1158 § 3, 2010)

"Small wind energy conversion system" is as defined in Section 18.79.040 of this code. As defined in that section, a small wind energy conversion system means a facility consisting of a tower, wind turbine generator with blades, guy wires and anchors, and associated control and conversion electronic equipment to convert wind movement into electricity, and that is incidental and subordinate to another use on the same parcel. A facility shall be considered a small wind energy conversion system if it supplies electrical power solely for on-site use; however, a facility shall also be considered a small wind energy conversion system if it is located on a parcel that also receives electrical power supplied by a utility company and any excess electrical power generated by the small wind energy conversion system not then needed for on-site use, is used by the utility company in exchange for a reduction in the cost of electrical power supplied by that company to the parcel for on-site use. No net revenue to the owners shall be produced by such excess electrical power generation.

(Ord. 1158 § 3, 2010)

"Solar energy system" has the same meaning as set forth in paragraphs (1) and (2) of subdivision (a) of Section 801.5 of the California Civil Code and as used in Section 65850.5 of the California Government Code.

(Ord. 1158 § 3, 2010)

"Solar thermal powerplant" means an electrical generating facility in which a portion of the total energy output is from solar energy converted to heat to produce electricity and which transmits a portion of the electrical energy off the site of the facility. The definition of a solar thermal powerplant does not include a "solar energy system."

(Ord. 1158 § 3, 2010)

"Wind energy powerplant" means an electrical generating facility that converts wind energy into electricity which is transmitted off the site of the facility. A wind energy powerplant does not include a small wind energy conversion system or windmills that do not generate electricity. (Ord. 1158 § 3, 2010)

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Inyo County, CA

RENEWABLE ENERGY DEVELOPMENT

§ 21.16.010

§ 21.16.060