Terms Used In Utah Code > Title 13 > Chapter 52 - Residential Solar Energy Disclosure Act

• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Appropriation: means an allocation of money for a specific purpose. See Utah Code 17-36-3
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Budget: means a plan for financial operations for a fiscal period, embodying estimates for proposed expenditures for given purposes and the means of financing the expenditures. See Utah Code 17-36-3
• Budget period: means the fiscal period for which a budget is prepared. See Utah Code 17-36-3
• Charter school: includes :
       (2)(a) an operating charter school;
       (2)(b) an applicant for a charter school whose application has been approved by a charter school authorizer as provided in Title 53G, Chapter 5, Part 6, Charter School Credit Enhancement Program; and
       (2)(c) an entity that is working on behalf of a charter school or approved charter applicant to develop or construct a charter school building. See Utah Code 11-36a-102
• Contract: A legal written agreement that becomes binding when signed.
• County general fund: means the general fund used by a county. See Utah Code 17-36-3
• County legislative body: means :
       (8)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
       (8)(b) the county council, in the county executive-council optional form of government authorized by Section 17-52a-203; and
       (8)(c) the county council, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
• Current period: means the fiscal period in which a budget is prepared and adopted. See Utah Code 17-36-3
• Customer: means a person who, for primarily personal, family, or household purposes:
       (1)(a) purchases a residential solar energy system under a system purchase agreement;
       (1)(b) leases a residential solar energy system under a system lease agreement; or
       (1)(c) purchases electricity under a power purchase agreement. See Utah Code 13-52-102
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Development activity: means any construction or expansion of a building, structure, or use, any change in use of a building or structure, or any changes in the use of land that creates additional demand and need for public facilities. See Utah Code 11-36a-102
• Division: means the Division of Consumer Protection, established in Section 13-2-1. See Utah Code 13-52-102
• Enactment: means :
       (5)(a) a municipal ordinance, for a municipality;
       (5)(b) a county ordinance, for a county; and
       (5)(c) a governing board resolution, for a special district, special service district, or private entity. See Utah Code 11-36a-102
• Executive: when used to describe the powers, duties, or functions of a person or body elected as the county executive or a person appointed as the county manager or administrative officer, refers to:
       (2)(a) the power and duty to carry laws and ordinances into effect and secure their due observance; and
       (2)(b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the executive branch of government. See Utah Code 17-50-101
• Fiduciary: A trustee, executor, or administrator.
• Finance officer: means :
       (13)(a) the county auditor or the person selected to provide accounting services for the county in accordance with Section 17-19a-205; or
       (13)(b) notwithstanding Subsection (13)(a), for the purposes of preparing a tentative budget in a county operating under a county executive-council form of county government, the county executive. See Utah Code 17-36-3
• Fiscal period: means the annual or biennial period for recording county fiscal operations. See Utah Code 17-36-3
• Fund: means an independent fiscal and accounting entity comprised of a sum of money or other resources segregated for a specific purpose or objective. See Utah Code 17-36-3
• General fund: is a s defined by the Governmental Accounting Standards Board as reflected in the Uniform Accounting Manual for All Local Governments prepared by the Office of the Utah State Auditor. See Utah Code 17-36-3
• Impact fee: means a payment of money imposed upon new development activity as a condition of development approval to mitigate the impact of the new development on public infrastructure. See Utah Code 11-36a-102
• Impact fee facilities plan: means the plan required by Section 11-36a-301. See Utah Code 11-36a-102
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to:
       (3)(a) the power and duty to enact ordinances, levy taxes, and establish budgets; and
       (3)(b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Local political subdivision: means a county, a municipality, a special district under Title 17B, Limited Purpose Local Government Entities - Special Districts, a special service district under Title 17D, Chapter 1, Special Service District Act, or the Point of the Mountain State Land Authority, created in Section 11-59-201. See Utah Code 11-36a-102
• Municipal service: means a service not provided on a countywide basis and not accounted for in an enterprise fund, and includes police patrol, fire protection, culinary or irrigation water retail service, water conservation, local parks, sewers, sewage treatment and disposal, cemeteries, garbage and refuse collection, street lighting, airports, planning and zoning, local streets and roads, curb, gutter, and sidewalk maintenance, and ambulance service. See Utah Code 17-36-3
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Person: means :
       (24)(a) an individual;
       (24)(b) an association;
       (24)(c) an institution;
       (24)(d) a corporation;
       (24)(e) a company;
       (24)(f) a trust;
       (24)(g) a limited liability company;
       (24)(h) a partnership;
       (24)(i) a political subdivision;
       (24)(j) a government office, department, division, bureau, or other body of government; and
       (24)(k) any other organization or entity. See Utah Code 68-3-12.5
• Power purchase agreement: means an agreement:
       (3)(a) between a customer and a solar retailer;
       (3)(b) for the customer's purchase of electricity generated by a residential solar energy system owned by the solar retailer; and
       (3)(c) that provides for the customer to make payments over a term of at least five years. See Utah Code 13-52-102
• Private entity: means an entity in private ownership with at least 100 individual shareholders, customers, or connections, that is located in a first, second, third, or fourth class county and provides water to an applicant for development approval who is required to obtain water from the private entity either as a:
       (14)(a) specific condition of development approval by a local political subdivision acting pursuant to a prior agreement, whether written or unwritten, with the private entity; or
       (14)(b) functional condition of development approval because the private entity:

            (14)(b)(i) has no reasonably equivalent competition in the immediate market; and

            (14)(b)(ii) is the only realistic source of water for the applicant's development. See Utah Code 11-36a-102
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Solar agreement: means a system purchase agreement, a system lease agreement, or a power purchase agreement. See Utah Code 13-52-102
• Solar energy system: means a system or configuration of solar energy devices that collects and uses solar energy to generate electricity. See Utah Code 13-52-102
• Solar retailer: means a person who:
       (7)(a) sells or proposes to sell a residential solar energy system to a customer under a system purchase agreement;
       (7)(b) owns the residential solar energy system that is the subject of a system lease agreement or proposed system lease agreement; or
       (7)(c) sells or proposes to sell electricity to a customer under a power purchase agreement. See Utah Code 13-52-102
• State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
• System lease agreement: means an agreement:
       (8)(a) under which a customer leases a residential solar energy system from a solar retailer; and
       (8)(b) that provides for the customer to make payments over a term of at least five years for the lease of the residential solar energy system. See Utah Code 13-52-102
• System purchase agreement: means an agreement under which a customer purchases a residential solar energy system from a solar retailer. See Utah Code 13-52-102
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5