N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 242-2.6

Current through Register Vol. 46, No. 45, November 2, 2024

Section 242-2.6 - Delegation by CO[2] authorized account representative and alternate CO[2]authorized account representative

(a) A CO₂ authorized account representative may delegate, to one or more natural persons, his or her authority to make an electronic submission to the department or its agent under this Part.

(b) An CO₂ authorized alternate account representative may delegate, to one or more natural persons, his or her authority to make an electronic submission to the department or its agent under this Part.

(c) In order to delegate authority to make an electronic submission to the department or its agent in accordance with subdivisions (a) and (b) of this section, the CO₂ authorized account representative or CO₂ authorized alternate account representative, as appropriate, must submit to the department or its agent a notice of delegation, in a format prescribed by the department that includes the following elements:

(1) the name, address, e-mail address, and telephone number of such CO₂ authorized account representative or CO₂ authorized alternate account representative;

(2) the name, address, e-mail address, and telephone number each such natural person, herein referred to as the "electronic submission agent";

(3) for each such natural person, a list of the type of electronic submissions under subdivision (a) or (b) of this section for which authority is delegated to him or her; and

(4) the following certification statements by such CO₂ authorized account representative or CO₂ authorized alternate account representative:

(i) "I agree that any electronic submission to the department or its agent that is by a natural person identified in this notice of delegation and of a type listed for such electronic submission agent in this notice of delegation and that is made when I am a CO₂ authorized account representative or CO₂ authorized alternate account representative, as appropriate, and before this notice of delegation is superseded by another notice of delegation under subdivision (d) of this section shall be deemed to be an electronic submission by me."

(ii) "Until this notice of delegation is superseded by another notice of delegation under subdivision (d) of this section, I agree to maintain an e-mail account and to notify the department or its agent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 all delegation authority by me under Section 242-2.6 is terminated."

(d) A notice of delegation submitted under subdivision (c) of this section shall be effective, with regard to the CO₂ authorized account representative or CO₂ authorized alternate 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 CO₂ authorized alternate account representative as appropriate. 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.

(e) Any electronic submission covered by the certification in subparagraph (c)(4)(i) of this section and made in accordance with a notice of delegation effective under subdivision (d) of this section shall be deemed to be an electronic submission by the CO₂ authorized account representative or CO₂ authorized alternate account representative submitting such notice of delegation.

(f) 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 Part.

(g) A CO₂ authorized alternate 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 Part.

(h) In order to delegate authority to review information in the CO₂ allowance tracking system in accordance with subdivisions (f) and (g) of this section, the CO₂ authorized account representative or CO₂ authorized alternate account representative, as appropriate, must submit to the department or its agent a notice of delegation, in a format prescribed by the department that includes the following elements:

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

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

(3) for each such natural person, a list of the type of information under subdivision (f) or (g) of this section for which authority is delegated to him or her; and

(4) the following certification statements by such CO₂ authorized account representative or CO₂ authorized alternate 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 CO₂ authorized alternate account representative, as appropriate, and before this notice of delegation is superseded by another notice of delegation under section 242-2.6(i) of this Part shall be deemed to be a reviewer by me."

(ii) "Until this notice of delegation is superseded by another notice of delegation under section 242-2.6(i) of this Part, 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 all delegation of authority by me under section 242-2.6 of this Part is terminated."

(i) A notice of delegation submitted under subdivision (h) of this section shall be effective, with regard to the CO₂ authorized account representative or CO₂ authorized alternate 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 CO₂ authorized alternate account representative as appropriate. The superseding notice of delegation may replace any previously identified reviewer, add a reviewer, or eliminate entirely any delegation of authority.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 242-2.6

Amended New York State Register December 16, 2020/Volume XLII, Issue 50, eff. 12/31/2020