Thousand Oaks Municipal Code Ch. 19 Municipal Solar Utility

The City Council of the City of Thousand Oaks hereby makes the following findings:

(a) The residents of the City of Thousand Oaks face the certainty of continued escalating prices for home energy supplies and continued dependence upon imported sources of energy.

(b) Solar energy has been found to be an inexhaustible, reliable and nonpolluting energy resource that can contribute to the public health, safety and welfare of the citizens of Thousand Oaks by lessening dependence upon nonrenewable and imported sources of energy.

(c) The high initial cost of purchasing and installing a solar energy device is the primary economic barrier to expanded solar energy use. Leasing of solar energy devices has proven to be an effective means to reduce this economic barrier and may be an attractive economic alternative to ownership for many consumers.

(d) Section 17052.5 of the State Revenue and Taxation Code restricts eligibility for the fifty-five (55%) percent California Solar Tax Credit for leased systems to lessors granted a permit from a municipal solar utility program established by ordinance prior to January 1, 1983.

(e) The establishment of a municipal solar utility program can increase public awareness of solar energy alternatives and lead to a greater degree of consumer protection and consumer confidence in leasing solar energy systems, thus substantially increasing the use of solar energy within the City of Thousand Oaks.

(§ 1, Ord. 825-NS, eff. December 21, 1982)

It is the intent of this chapter to establish a municipal solar utility within the City of Thousand Oaks for the purpose of facilitating the direct leasing of solar energy equipment and to establish regulatory authority for any solar leasing operation that may be conducted under the program.

(§ 1, Ord. 825-NS, eff. December 21, 1982)

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

(a) “Leasing company” shall mean any person advertising, marketing, placing and arranging, pursuant to a lease arrangement, for installation and servicing of solar energy devices for a fee.

(b) “Municipal solar utility (MSU)” shall mean any program conducted by a local government or its authorized agent to promote the utilization of renewable energy and energy conservation technologies through educational, consumer protection or financial assistance programs.

(c) “Solar lease arrangement” shall mean a contract between a lessee and an investor for the leasing of solar energy devices, owned by the investor and leased and possessed by the lessee, which devices are affixed to or located at and servicing the real property owned or occupied by the lessee.

(d) “Solar energy device” shall include equipment and materials that are intended to be located on or affixed to real property that uses solar energy directly to:

(1) Heat or cool a building or structure;

(2) Provide domestic hot water or hot water for recreational or therapeutic purposes;

(3) Provide process heat or mechanical energy;

(4) Generate electricity.

(§ 1, Ord. 825-NS, eff. December 21, 1982)

(a) No person shall operate as a certified solar leasing company under the Municipal Solar Utility Program of the City of Thousand Oaks as established herein without having obtained a valid solar leasing permit from the City. Such a permit shall authorize the conduct of solar leasing operations under the Municipal Solar Utility Program for a period of up to three years and may be renewable.

(b) After this effective date of the ordinance establishing this chapter and within seventy-five (75) days after receiving the first written request from a leasing company for a solar leasing permit, the City Council shall, by resolution, establish all requirements for obtaining certification under the Municipal Solar Utility Program. Such requirements shall include those which protect consumers against any inexperienced or financially unstable solar leasing companies, substandard equipment or installation practices or unfair lease arrangements.

(c) Reasonable fees shall be determined to cover the costs of administering this chapter and may be established by resolution of the City Council.

(§ 1, Ord. 825-NS, eff. December 21, 1982)