(1) "Air quality standards" means that a vehicle's emissions are equal to or cleaner than the standards established in bin 4 Table S04-1, of 40 C.F.R. 86.1811-04(c)(6). (2) (a) "Assessment" means the assessment that a local entity or the C-PACE district levies on private property under this chapter to cover the costs of an energy efficiency upgrade, a clean energy system, or an electric vehicle charging infrastructure. (b) "Assessment" does not constitute a property tax but shares the same priority lien as a property tax. (3) "Assessment fund" means a special fund that a local entity establishes under Section 11-42a-206. (4) "Benefitted property" means private property within an energy assessment area that directly benefits from improvements. (5) "Bond" means an assessment bond and a refunding assessment bond. (6) (a) "Clean energy system" means an energy system that: (i) produces energy from clean resources, including: (A) a photovoltaic system; (B) a solar thermal system; (C) a wind system; (D) a geothermal system, including a generation system, a direct-use system, or a ground source heat pump system; (E) a micro-hydro system; (F) a biofuel system; (G) energy derived from nuclear fuel; or (H) any other clean source system that the governing body of the local entity approves; or (ii) stores energy, including: (A) a battery storage system; or (B) any other energy storing system that the governing body or chief executive officer of a local entity approves. (b) "Clean energy system" includes any improvement that relates physically or functionally to any of the products, systems, or devices listed in Subsection (6)(a)(i) or (ii). (c) "Clean energy system" does not include a system described in Subsection (6)(a)(i) if the system provides energy to property outside the energy assessment area, unless the system: (i) (A) existed before the creation of the energy assessment area; and (B) beginning before January 1, 2017, provides energy to property outside of the area that became the energy assessment area; (ii) provides energy to property outside the energy assessment area under an agreement with a public electrical utility that is substantially similar to agreements for other renewable energy systems that are not funded under this chapter; or (iii) is a biofuel system. (7) (a) "Commercial or industrial real property" means private real property used directly or indirectly or held for one of the following purposes or activities, regardless of whether the purpose or activity is for profit: (i) commercial; (ii) mining; (iii) agricultural; (iv) industrial; (v) manufacturing; (vi) trade; (vii) professional; (viii) a private or public club; (ix) a lodge; (x) a business; or (xi) a similar purpose. (b) "Commercial or industrial real property" includes: (i) private real property that is used as or held for dwelling purposes and contains: (A) more than four rental units; or (B) one or more owner-occupied or rental condominium units affiliated with a hotel; and (ii) real property owned by: (A) the military installation development authority, created in Section 63H-1-201; or (B) the Utah Inland Port Authority, created in Section 11-58-201. (8) "Contract price" means: (a) up to 100% of the cost of installing, acquiring, refinancing, or reimbursing for an improvement, as determined by the owner of the property benefitting from the improvement; or (b) the amount payable to one or more contractors for the assessment, design, engineering, inspection, and construction of an improvement. (9) "C-PACE" means commercial property assessed clean energy. (10) "C-PACE district" means the statewide authority established in Section 11-42a-106 to implement the C-PACE Act in collaboration with governing bodies, under the direction of OED. (11) "Electric vehicle charging infrastructure" means equipment that is: (a) permanently affixed to commercial or industrial real property; and (b) designed to deliver electric energy to a qualifying electric vehicle or a qualifying plug-in hybrid vehicle. (12) "Energy assessment area" means an area: (a) within the jurisdictional boundaries of a local entity that approves an energy assessment area or, if the C-PACE district or a state interlocal entity levies the assessment, the C-PACE district or the state interlocal entity; (b) containing only the commercial or industrial real property of owners who have voluntarily consented to an assessment under this chapter for the purpose of financing the costs of improvements that benefit property within the energy assessment area; and (c) in which the proposed benefitted properties in the area are: (i) contiguous; or (ii) located on one or more contiguous or adjacent tracts of land that would be contiguous or adjacent property but for an intervening right-of-way, including a sidewalk, street, road, fixed guideway, or waterway. (13) "Energy assessment bond" means a bond: (a) issued under Section 11-42a-401; and (b) payable in part or in whole from assessments levied in an energy assessment area. (14) "Energy assessment lien" means a lien on property within an energy assessment area that arises from the levy of an assessment in accordance with Section 11-42a-301. (15) "Energy assessment ordinance" means an ordinance that a local entity adopts under Section
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