Santa Barbara County Municipal Code Ch. 29A Solar Utility Program

It is the intent of this chapter to establish a municipal solar utility within the unincorporated area of Santa Barbara County, for the purpose of satisfying the requirements contained in section 17052.5 or section 23601 of the California Revenue and Taxation Code, and for the purpose of facilitating the leasing of solar energy devices and to establish regulating authority for any solar leasing operation that may be conducted under the program.

For the purpose of this chapter, the following words and phrases shall have the meanings ascribed to them by this section:

(a) Municipal Solar Utility. A municipal solar utility (MSU) shall mean a program conducted by the county of Santa Barbara or its authorized agent to promote the utilization of renewable energy and energy conservation technologies through leasing of solar energy systems as provided by Revenue and Taxation Code, sections 17052.5 and 23601. It may include a program conducted jointly with any other local agency or agencies in Santa Barbara under the Joint Exercise of Powers Act (Government Code sections 65000 et seq.).

(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 occupied by the lessee.

(c) Solar Lessor. Solar lessor shall mean any individual or entity arranging, pursuant to a lease for installation and servicing of solar energy systems for a fee.

(d) Solar Energy System. Solar energy system means equipment and materials that are intended to be located on or affixed to real property for the purpose of any of the following:

(1) Domestic, 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 the production of electricity or mechanical work.

The term "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.

(a) No individual or entity shall operate as a certified solar lessor under the municipal solar utility program of the county of Santa Barbara as established herein without having obtained a valid solar leasing permit from the office(s) designated by the board of supervisors as provided in subsection (b) hereof. 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 date of this chapter and within seventy-five days after receiving the first written request from a solar lessor for a solar leasing permit, the board of supervisors shall by resolution establish all requirements for obtaining certification under the municipal solar utility program. Said resolution may also designate an office or offices of the county of Santa Barbara to carry out and implement the provisions of this chapter 29A and further directives of the board of supervisors relating to this chapter or in the event of a joint exercise of powers agreement relating to a municipal solar utility may make appropriate provisions for implementing the provisions of this chapter 29A.

Reasonable fees shall be charged to cover the costs of administering this chapter and may be established by resolution of the board of supervisors.

An applicant dissatisfied with any decision of the office or offices designated pursuant to section 29A-3(b) of this chapter may appeal said decision to the board of supervisors. The procedure for such appeal shall be established by the said office or offices.

(Ord. No. 3334, § 2)