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The following definitions apply to those persons who will be participating in the municipal solar utility:

A. City” means the City of Chula Vista.

B. Energy office” or “office” means the office, under the direction of the City Manager, responsible for managing the Chula Vista municipal solar utility and performing the City’s obligations under this chapter.

C. Lease arrangement” means 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 is affixed to or located at and servicing the real property owned or occupied by the lessee.

D. Lease arrangement installer” or “installer” means any person, properly licensed under the provisions of the California Contractors License Law, including any solar specialty license, installing, removing or servicing solar energy devices subject to a lease arrangement.

E. Lease arrangement marketing company” or “leasing company” means any person advertising, marketing, placing, and arranging, pursuant to a lease arrangement, for installation and servicing of solar energy devices for a fee.

F. Lessee” means any person leasing a solar energy device on or affixed to the real property owned or occupied by such person.

G. Management company” means any person serving as agent of an investor for purposes of collecting leasehold payments, making payments for obligations incurred in lease arrangements, and maintaining accounting records of collections and payments for solar energy devices.

H. Municipal solar utility” or “MSU” means a program conducted by a local government or its authorized agent to promote the utilization of renewable energy and energy conservation technologies.

I. Permittee” means any leasing company, installer or installation company, or management company, that has complied with all necessary requirements and obtained a permit to participate in the MSU solar leasing program.

J. Person” means any natural person, partnership, corporation, business trust, association, company or other legal entity.

K. Solar energy device” includes equipment and materials (and parts solely related to the functioning of such equipment) that is intended to be located on or affixed to real property within the City and that uses solar energy directly to (1) generate electricity, (2) heat or cool a building or structure, (3) provide hot water for domestic service, recreational or therapeutic purpose, or (4) provide process heat or mechanical energy. Generally, these functions are accomplished through the use of equipment such as collectors (to absorb sunlight and create hot liquids or air), thermostats (to activate pumps or fans which circulate the hot liquids or air), and heat exchangers (to utilize hot liquids or air to create hot air or water).

L. Tax incentives” means California or Federal investment tax credits, solar tax credits, accelerated depreciation, tax deferral and other tax benefits accruing through the leasehold of solar energy devices under existing State and Federal tax law. (Ord. 2012 § 3, 1982).