Md. Code Regs. 26.09.01.05

Current through Register Vol. 51, No. 22, November 1, 2024

Section 26.09.01.05 - Selection and Responsibilities of General Account Authorized Account Representatives

A. Upon request, the Department shall establish a general account for any person that designates a CO₂ authorized account representative and an alternate CO₂ authorized account representative.

B. The agreement by which the alternate CO₂ authorized account representative is selected shall include a procedure for authorizing the alternate CO₂ authorized account representative to act instead of the CO₂ authorized account representative.

C. A complete application for a general account submitted to the Department shall include the following:

(1) Name, address, email address, telephone number, and facsimile transmission number of the CO₂ authorized account representative and the alternate CO₂ authorized account representative;

(2) Organization name and type of organization;

(3) A list of all persons subject to a binding agreement for the CO₂ authorized account representative or the alternate CO₂ authorized account representative to represent their ownership interest with respect to the CO₂ allowances held in the general account;

(4) The following certification statement by the CO₂ authorized account representative and the alternate CO₂ authorized account representative: "I certify that I was selected as the CO₂ authorized account representative or the CO₂ alternate authorized account representative, as applicable, by an agreement that is binding on all persons who have an ownership interest with respect to CO₂ allowances held in the general account. I certify that I have all the necessary authority to carry out my duties and responsibilities under the CO₂ Budget Trading Program on behalf of these persons and that each person shall be fully bound by my representations, actions, inactions, or submissions and by any order or decision issued to me by the Department or a court regarding the general account."; and

(5) The signature of the CO₂ authorized account representative and the alternate CO₂ authorized account representative and the dates signed.

D. Unless otherwise required, documents of agreement referred to in the application for a general account are not submitted to the Department and the Department is not under any obligation to review or evaluate the sufficiency of any submitted documents.

E. The CO₂ authorized account representative and the alternate CO₂ authorized account representative for the general account shall represent and, by representations, actions, inactions, or submissions, legally bind each person who has an ownership interest with respect to CO₂ allowances held in the general account in all matters pertaining to this subtitle, notwithstanding any agreement between the CO₂ authorized account representative or the alternate CO₂ authorized account representative and the owner.

F. The owner is bound by any order or decision issued to the CO₂ authorized account representative or the alternate CO₂ authorized account representative by the Department or a court regarding the general account.

G. Each submission concerning the general account shall be signed and certified by the CO₂ authorized account representative or the alternate CO₂ authorized account representative for the persons having an ownership in the CO₂ allowances held in the general account.

H. Each submission shall include the following certification statement by the CO₂ authorized account representative or the alternate CO₂ authorized account representative: "I am authorized to make this submission on behalf of the persons having an ownership interest with respect to the CO₂ allowances held in the general account. I certify under penalty of law 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 that the statements and information are to the best of my knowledge and belief true, accurate, and complete. 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".

I. Changing CO₂ Authorized Account Representatives.

(1) The CO₂ authorized account representative or alternate CO₂ authorized account representative for a general account may be changed at any time upon receipt of a superseding complete application for a general account.

(2) Notwithstanding any changes, all representations, actions, inactions, and submissions by the previous CO₂ authorized account representative or alternate CO₂ authorized account representative before the time and date when the Department receives the superseding application for a general account are binding on the new CO₂ authorized account representative or alternate CO₂ authorized account representative and the persons with an ownership in the CO₂ allowances in the general account.

J. Changes in Persons with Ownership Interest.

(1) If a new person having an ownership interest with respect to CO₂ allowances in the general account is not included in the list of persons in the application for a general account, the new person shall be deemed to be subject to and bound by the application for a general account, the representations, actions, inactions, and submissions of the CO₂ authorized account representative or alternate CO₂ authorized account representative, and the decisions, orders, actions, and inactions of the Department, as if the new person were included in the list.

(2) Within 30 days following any change in the persons having an ownership interest with respect to CO₂ allowances in the general account, including the addition or deletion of persons, the CO₂ authorized account representative or alternate CO₂ authorized account representative shall submit a revision to the application for a general account amending the list of persons having an ownership interest with respect to the CO₂ allowances in the general account to include the change.

K. Objections Concerning CO₂ Authorized Account Representative or Alternate CO₂ Authorized Account Representative.

(1) Following receipt of a complete application for a general account, the Department shall rely on the application until a superseding complete application for a general account is received by the Department.

(2) An objection or other communication submitted to the Department concerning the authorization, or any representation, action, inaction, or submission of the CO₂ authorized account representative or alternate CO₂ authorized account representative for a general account does not affect any representation, action, inaction, or submission of the CO₂ authorized account representative or alternate CO₂ authorized account representative or the finality of any decision or order by the Department under this subtitle.

(3) The Department may not adjudicate any private legal dispute concerning the authorization or any representation, action, inaction, or submission of the CO₂ authorized account representative or alternate CO₂ authorized account representative for a general account, including private legal disputes concerning the proceeds of CO₂ allowance transfers.

L. Delegation by CO₂ Authorized Account Representative.

(1) A CO₂ authorized account representative or alternate CO₂ authorized account representative may delegate, to one or more individuals, the authority to make an electronic submission.

(2) In order to delegate authority to make an electronic submission, the CO₂ authorized account representative or alternate CO₂ authorized account representative shall submit a notice of delegation, in a format prescribed by the Department.

(3) Notice of Delegation. The notice of delegation shall include the following elements:

(a) The name, address, email address, telephone number, and facsimile transmission number of the CO₂ authorized account representative or alternate CO₂ authorized account representative;

(b) The name, address, email address, telephone number, and facsimile transmission number of each individual, referred to in this subtitle as the electronic submission agent;

(c) For each electronic submission agent, a list of the type of electronic submissions for which authority is delegated to that individual; and

(d) The following certification statements by the CO₂ authorized account representative or alternate CO₂ authorized account representative:

(i) "I agree that any electronic submission to the Department by an individual identified in this notice of delegation and of a type listed for the electronic submission agent in this notice of delegation and that is made when I am a CO₂ authorized account representative or alternate CO₂ authorized account representative, as appropriate, and before this notice of delegation is superseded by another notice of delegation shall be deemed to be an electronic submission by me."; and

(ii) "Until this notice of delegation is superseded by another notice of delegation, I agree to maintain an email account and to notify the Department or its agent immediately of any change in my email address unless all delegation authority by me is terminated".

(4) A notice of delegation is effective upon receipt of the notice by the Department and until receipt of a superseding notice of delegation by the CO₂ authorized account representative or alternate CO₂ authorized account representative.

(5) The superseding notice of delegation may replace any previously identified electronic submission agent, add a new electronic submission agent, or eliminate entirely any delegation of authority.

(6) An electronic submission covered by the certification and made in accordance with a notice of delegation is deemed to be an electronic submission by the CO₂ authorized account representative or alternate CO₂ authorized account representative submitting the notice of delegation.

(7) A CO₂ authorized account representative may delegate, to one or more natural persons, his or her authority to review information in the CO₂ allowance tracking system under this regulation.

(8) An alternate CO₂ authorized account representative may delegate, to one or more natural persons, his or her authority to review information in the CO₂ allowance tracking system under this regulation.

(9) In order to delegate authority to review information in the CO₂ allowance tracking system in accordance with § 17 and § 18 of this regulation, the CO₂ authorized account representative or alternate CO₂ authorized account representative, as appropriate, must submit to the Department a notice of delegation, in a format prescribed by the Department that includes the following:

(a) The name, address, e-mail address, telephone number, and facsimile transmission number of such CO₂ authorized account representative or alternate CO₂ authorized account representative;

(b) The name, address, e-mail address, telephone number and facsimile transmission number of each such natural person, herein referred to as the "reviewer";

(c) For each such natural person, a list of the type of information under § 1(7) and (8) of this regulation for which authority is delegated to him or her; and

(d) The following certification statements by such CO₂ authorized account representative or alternate CO₂ authorized account representative:

(i) "I agree that any information that is reviewed by a natural person identified in this notice of delegation and of a type listed for such information accessible by the reviewer in this notice of delegation and that is made when I am a CO₂ authorized account representative or alternate CO₂ authorized account representative, as appropriate, and before this notice of delegation is superseded by another notice of delegation under COMAR 26.09.01.051 shall be deemed to be reviewed by me. "

(ii) "Until this notice of delegation is superseded by another notice of delegation under COMAR 26.09.01.051, I agree to maintain an e-mail account and to notify the Department or its agent immediately of any change in my e-mail address unless delegation authority by me under COMAR 26.09.01.051 is terminated. "

(10) A notice of delegation submitted under § 1(9) of this regulation shall be effective, with regard to the CO₂ authorized account representative or alternate CO₂ authorized account representative identified in such notice, upon receipt of such notice by the Department or its agent and until receipt by the Department or its agent of a superseding notice of delegation by such CO₂ authorized account representative or alternate CO₂ authorized account representative as appropriate. The superseding notice of delegation may replace any previously identified review, add a new review, or eliminate entirely any delegation of authority.

(11) Reviewed information covered by the certification and done in accordance with a notice of delegation is deemed to be reviewed by the CO₂ authorized account representative or alternate CO₂ authorized account representative submitting the notice of delegation.

(12) Account Identification. The Department shall assign a unique identifying number to each account established.

M. Repealed.

N. Closing of General Accounts.

(1) A CO₂ authorized account representative or alternate CO₂ authorized account representative of a general account may close the account by submitting a statement to the Department requesting deletion of the account and by submitting a CO₂ allowance transfer of all CO₂ allowances in the account to one or more other CO₂ Allowance Tracking System accounts.

(2) If a general account shows no activity for a period of 1 year or more and does not contain any CO₂ allowances, the Department may notify the CO₂ authorized account representative for the account that the account will be closed 30 business days after the notice is sent.

(3) The general account shall be closed after the 30-day period unless, before the end of the 30-day period, the Department receives the following:

(a) A transfer of CO₂ allowances into the account; or

(b) A statement submitted by the CO₂ authorized account representative or alternate CO₂ authorized account representative demonstrating to the satisfaction of the Department good cause as to why the account should not be closed.

Md. Code Regs. 26.09.01.05

Regulation .05 amended effective May 18, 2009 (36:10 Md. R. 717)
Regulation .05M repealed as an emergency provision effective December 28, 2009 (37:4 Md. R. 336); repealed permanently effective May 3, 2010 (37:9 Md. R. 674); amended effective 45:26 Md. R. 1249, eff. 12/31/2018