Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) An application for registration into the
California Cap-and-Trade Program for an account must designate a single primary
account representative and at least one, but no more than four, alternate
account representatives. Any communication between the accounts administrator
and an alternate account representative must also be addressed to the primary
account representative. A complete application for an account, or a request to
designate or redesignate account representatives and agents pursuant to section
95832(f), shall
be submitted to the accounts administrator and shall include the following
elements:
(1) Name, business and primary
residence addresses, e-mail addresses, and phone numbers of the primary account
representative and any alternate account representatives and account viewing
agents;
(2) Name of the
organization designating the primary account representative or any alternate
account representative to represent its ownership interest with respect to the
compliance instruments held in the account;
(3) The primary account representative and
any alternate account representative must attest, pursuant to section
95803(a), to ARB
as follows: "I certify under penalty of perjury under the laws of the State of
California that I was selected as the primary account representative or the
alternate account representative, as applicable, by an agreement that is
binding on all persons who have an ownership interest with respect to
compliance instruments held in the account. I certify that I have all the
necessary authority to carry out the duties and responsibilities contained in
title 17, article 5, sections
95800 et seq. on behalf of such
persons and that each such person shall be fully bound by my representations,
actions, inactions, or submissions and by any order or decision issued to me by
the accounts administrator or a court regarding the account.";
(4) An attestation verifying the selection of
the primary account representative, alternate account representatives, and
account viewing agents, signed by the director or officer of the entity who is
responsible for the conduct of the primary account representative, alternate
account representatives, and account viewing agents, and who is one of the
directors or officers disclosed pursuant to section
95830(c)(1)(B);
(5) The signature of the primary account
representative and any alternate account representative and the dates signed;
and
(6) An attestation as follows:
"I certify under penalty of perjury under the laws of the State of California
that I have personally examined, and am familiar with, the statements and
information submitted in this document and all its attachments. I certify under
penalty of perjury of the laws of the State of California that the statement of
information submitted to ARB is true, accurate, and
complete."
(b) Unless
otherwise required by the Executive Officer, documents of agreement referred to
in section
95832(a) in the
application for an account shall not be submitted to the accounts
administrator. The accounts administrator shall not be under any obligation to
review or evaluate the sufficiency of such documents, if submitted.
(c) Authorization of primary account
representative. Upon receipt by the accounts administrator of a complete
application for an account under section
95830(c):
(1) The accounts administrator will establish
an account or accounts for the person or persons for whom the application is
submitted pursuant to section
95831.
(2) The primary account representative and
any alternate account representative for the account shall represent and, by
his or her representations, actions, inactions, or submissions, legally bind
each entity that owns compliance instruments held in the account in all matters
pertaining to this article, notwithstanding any agreement between the primary
account representative or any alternate account representative and such
entity.
(3) Any such entity shall
be bound by any decision or order issued to the primary account representative
or any alternate account representative by the Executive Officer or a court
regarding the account. Any representation, action, inaction, or submission by
any alternate account representative shall be deemed to be a representation,
action, inaction, or submission by the primary account representative or any
alternate account representative.
(d) Each submission concerning the account
shall be submitted, signed, and attested to, pursuant to section
95803(a), by the
primary account representative or any alternate account representative for the
entity that owns the compliance instruments held in the account. Each such
submission shall include the following attestation statement by the primary
account representative or any alternate account representative: "I certify
under penalty of perjury under the laws of the State of California that I am
authorized to make this submission on behalf of the entity that owns the
compliance instruments held in the account. I certify under penalty of perjury
under the laws of the State of California that I have personally examined, and
am familiar with, the statements and information submitted in this document and
all its attachments. Based on my inquiry of those individuals with primary
responsibility for obtaining the information, I certify under penalty of
perjury under the laws of the State of California that the statements and
information submitted to ARB are true, accurate, and complete. I consent to the
jurisdiction of California and its courts for purposes of enforcement of the
laws, rules and regulations pertaining to title 17, article 5, sections
95800 et seq., and I am aware that
there are significant penalties for submitting false statements and information
or omitting required statements and information, including the possibility of
fine or imprisonment."
(e) The
accounts administrator will accept or act on a submission concerning the
account only if the submission has been made, signed, and attested to in
accordance with this section.
(f)
Changing primary account representative and alternate account representative.
(1) The primary account representative for an
account may be changed at any time upon receipt by the accounts administrator
of a designation of a primary account representative for an account under
section 95830(c).
Notwithstanding any such change, all representations, actions, inactions, and
submissions by the previous primary account representative, or the previous
alternate account representative prior to the time and date when the accounts
administrator approves the designation of a primary account representative
shall be binding on the new primary account representative and the entity that
owns the compliance instruments in the account. Except as provided in section
95832(f)(3), the
change of a primary account representative must include completion of an
attestation by the individual, submission of an attestation from an active
primary or alternate account representative, and an attestation from a director
or officer as described in section
95832(a)(3)-(a)(6).
(2) The alternate account representative for
an account may be changed at any time upon the approval by the accounts
administrator of a designation of an alternate account representative for an
account under section
95830(c).
Notwithstanding any such change, all representations, actions, inactions, and
submissions by the previous primary account representative, or the previous
alternate account representative, prior to the time and date when the accounts
administrator approves the designation of an alternate account representative
shall be binding on the new alternate account representative and the entity
that owns the compliance instruments in the account. Except as provided in
section 95832(f)(3), the
change of an alternate account representative must include completion of an
attestation by the individual, submission of an attestation from an active
primary or alternate account representative, and an attestation from a director
or officer as described in section
95832(a)(3)-(a)(6).
(3) The primary account representative for an
account may be designated as an alternate account representative and an
alternate account representative for an account may be designated as the
primary account representative at any time upon approval by the accounts
administrator of a designation of a primary account representative or alternate
account representative for an account under section
95830(c).
(A) Any prior attestation signed by an active
account representative and any signature of a director or officer of the entity
responsible for the conduct of the primary account representative and alternate
account representative will remain applicable even if account representative
roles are swapped.
(B) A new
attestation by the primary account representative or an alternate account
representative that previously submitted a signed attestation is not
required.
(C) A new attestation by
a director or officer of the entity responsible for the conduct of the primary
account representative and alternate account representatives is not required if
the director or officer is disclosed pursuant to section
95830(c).
Otherwise, if the director or officer has not been disclosed pursuant to
section 95830(c), then a
new attestation as described in section
95832(a)(4)
verifying the selection of the primary account representative and alternate
account representative must be submitted to the accounts
administrator.
(4) If a
registered entity no longer has at least one primary or alternate account
representative, a director or officer disclosed pursuant to section
95830(c)(1)(B)
must identify new representatives and agents with an attestation from the
director or officer as described in section
95832(a)(3)-(4).
The Executive Officer maintains the ability to suspend or revoke the
registration until two account representatives are designated on the entity's
tracking system accounts.
(g) Objections Concerning Account
Representatives.
(1) Once a complete
application for an account under section
95830(c) has been
submitted and received, the accounts administrator will rely on the application
unless and until a superseding complete application for an account under
section 95830(c) is
received by the accounts administrator.
(2) Except as provided in section
95832(f)(1), no
objection or other communication submitted to the accounts administrator
concerning the authorization, or any representation, action, inaction, or
submission of the primary account representative or any alternate account
representative for an account shall affect any representation, action,
inaction, or submission of the primary account representative or any alternate
account representative or the finality of any decision or order by the accounts
administrator under this article.
(3) The accounts administrator will not
adjudicate any private legal dispute concerning the authorization or any
representation, action, inaction, or submission of the primary account
representative or any alternate account representative for an account,
including private legal disputes concerning the proceeds of compliance
instrument transfers.
(h)
Delegation by primary account representative and alternate account
representatives.
(1) A primary account
representative or an alternate account representative for a registered entity
may authorize up to five natural persons per account that may view all
information contained in the tracking system involving the entity's accounts,
information, and transfer records (account viewing authority). The persons
delegated shall not have authority to take any other action with respect to an
account on the tracking system.
(2)
In order to delegate account viewing authority in accordance with section
95832(h)(1) the
primary account representative or alternate account representative, as
appropriate, must submit to the accounts administrator a notice of delegation,
that includes the following elements:
(A) The
name, address, email address, and telephone number of such primary account
representative or alternate account representative;
(B) The name, address, email address, and
telephone number of each such natural person, herein referred to as "account
viewing agent;" and
(C) An
attestation verifying the selection of the account viewing agent, signed by the
officer of the entity who is responsible for the conduct of the account viewing
agent, and is one of the officers disclosed pursuant to section
95830(c)(1)(B).
(3) A notice of delegation submitted under
section 95832(h)(2) shall
be effective, with regard to the accounts identified in such notice, upon
receipt of such notice by the accounts administrator and until receipt by the
accounts administrator of a superseding notice of delegation by such primary
account representative or alternate account representative as appropriate. The
superseding notice of delegation may replace any previously identified account
viewing agent, add a new account viewing agent, or eliminate entirely any
delegation of authority.
1. New
section filed 12-13-2011; operative 1-1-2012 pursuant to Government Code
section
11343.4
(Register 2011, No. 50).
2. Amendment of section heading and section
filed 8-29-2012; operative 9-1-2012 pursuant to Government Code section
11343.4
(Register 2012, No. 35).
3. Amendment of subsection (a)(6) filed
6-26-2014; operative 7-1-2014 pursuant to Government Code section
11343.4(b)(3)
(Register 2014, No. 26).
4. Amendment of subsections (a), (a)(1),
(a)(3)-(4), (d) and (f)(1)-(2) and new subsections (f)(3)-(4) filed 9-18-2017;
operative 10-1-2017 pursuant to Government Code section
11343.4(b)(3)
(Register 2017, No. 38).
Note: Authority cited: Sections
38510,
38560,
38562,
38570,
38571,
38580,
39600
and
39601,
Health and Safety Code. Reference: Sections
38530,
38560.5,
38564,
38565,
38570
and
39600,
Health and Safety Code.
