i. Equitable Servitude. As a condition for a building to participate, participating builders shall impose an equitable servitude through a properly recorded declaration of covenants, conditions and restrictions (“CC&Rs”) or other properly recorded covenant, deed restriction or other legally binding method referenced in each deed transferring title for each participating building. This equitable servitude shall run with the land and obligate the original owner(s)/tenant(s) and all subsequent owner(s)/tenant(s) of the participating building to maintain the building’s participation in the community shared solar and/or community shared battery storage system for the Participation Period, or ensure installation and interconnection of an on-site solar electric generation system that satisfies the Opt-Out Requirements. The equitable servitude shall specify that in order to discontinue participation in the community shared solar and/or battery system, the building owner must satisfy the Opt-Out Requirements. The builder shall ensure that the equitable servitude provides the Administrator approved by the Commission the right to enforce the above provisions. The equitable servitude shall remain in force for a period of 20 years from the date of first participation of the building in the community shared solar and/or battery system. The equitable servitude shall not be revocable. The equitable servitude shall be delivered to all responsible parties through transfer disclosure statements.

ii. Other system. The Commission may approve another program, structure, or system by which an Administrator (or other entity approved by the Commission) ensures the requirements of this Section 10-115(a)4B will be satisfied for a Participation Period of no less than 20 years.

i. Prior to Opt-Out, the building owner shall demonstrate that they have installed such an on-site solar electric generation system and met the Opt-Out Requirements by providing documentation from the installer of the on-site solar system or an attestation of the building owner with supporting documentation. The building owner shall be responsible for all costs associated with documenting that the on-site solar generation system satisfies the Opt-Out Requirements.

ii. Upon receiving documentation regarding Opt-Out from a building owner, the Administrator shall compare the documentation to the compliance documentation specified in Section 10-115(a)4C and confirm whether, based on the documentation, the installed solar system meets or exceeds the Opt-Out Requirements. Within 30 days of a building owner providing documentation, the Administrator shall provide written confirmation to the building owner whether, based on the Administrator’s review of that documentation, the on-site solar generation system satisfies the Opt-Out Requirements. The Administrator may, at its discretion, verify the documentation through a physical inspection. The Administrator shall maintain record of the documentation that demonstrates and confirms the on-site solar generation system met the Opt-Out requirements for the remainder of the Participation Period.

iii. Upon a building owner’s exercise of the Opt-Out, all costs and benefits associated with participation in the community shared solar and/or battery storage system shall cease. If any balance of costs or benefits is owed to either party at the time of Opt-Out, such balance shall be paid to that party.

iv. The Administrator (or other entity approved by the Commission pursuant to Section 10-115(a)4Bii) shall not impose any penalty related to a participating building’s Opt-Out, or charge participants for recuperation of unrealized revenue that would have been expected to accrue beyond the end of participation. If the Administrator (or other entity approved by the Commission) plans to charge any other fees at the time of building Opt-Out, the Application for Commission Approval shall explain the purpose of those fees.

i. For each renewable resource used to serve participating buildings, bundled Renewable Energy Credits (RECs), which satisfy the criteria of Portfolio Content Category 1, shall be retired and tracked in the Western Renewable Energy Generation Information System (WREGIS) on the behalf of program participants, to ensure that they will not be allocated to or used for any other purpose, including Renewable Performance Standard (RPS) compliance, resale of RECs or renewable generation to any other person or entity, or any other mandatory or voluntary renewable electricity program requirement or claim.