N.M. Code R. § 20.2.81.105

Current through Register Vol. 35, No. 11, June 11, 2024

Section 20.2.81.105 - ESTABLISHMENT OF ACCOUNTS

A. Allowance tracking system accounts. All WEB sources shall open a compliance account. Any person may open a general account for holding and transferring allowances. In addition, if a Web source conducts monitoring under Subsection B of 20.2.81.106 NMAC, the WEB source shall open a special reserve compliance account for allowances associated with units monitored under those provisions. The WEB source and account representative shall have no rights to transfer allowances in or out of such special reserve compliance account. The department shall allocate allowances to the account in accordance with Paragraph 5 of Subsection B of 20.2.81.106 NMAC and all such allowances for each control period shall be retired each year for compliance in accordance with 20.2.81.109 NMAC. To open either type of account; an application that contains the following information shall be submitted:

(1) the name, mailing address, e-mail address, telephone number, and facsimile number of the account representative; for a compliance account, include a copy of the account certificate of representation of the account representative and any alternate as required in Paragraph 2 of Subsection A of 20.2.81.102 NMAC; for a general account, include the account certificate of representation of the account representative and any alternate as required in Paragraph 2 of Subsection C or 20.2.81.105 NMAC;

(2) the WEB source or organization name;

(3) the type of account to be opened; and

(4) a signed certification of truth and accuracy by the account representative according to Paragraph 2 of Subsection A of 20.2.81.102 for compliance accounts and for general accounts, certification of truth and accuracy by the account representative according to Subsection D of 20.2.81.105 NMAC.

B. Account representative for general accounts. For a general account, one account representative shall be identified and an alternate account representative may be identified and may act on behalf of the account representative. Any representation, action, inaction or submission by the alternate account representative shall be deemed to be a representation, action, inaction or submission by the account representative.

C. Identification and certification of an account representative for general accounts.

(1) The account representative shall be appointed by an agreement that makes the representations, actions, inactions or submissions of the account representative binding on all persons who have an ownership interest with respect to allowances held in the general account.

(2) The account representative shall submit to the department and the tracking system administrator a signed and dated account certificate of representation (certificate) that contains the following elements:

(a) the name, address, e-mail (if available), telephone and facsimile number of the account representative and any alternate;

(b) the organization name; and

(c) the following certification statement: "I certify that I was selected as the account representative or alternate account representative, as applicable, by an agreement binding on all persons who have an ownership interest in allowances in the general account with regard to matters concerning the general account. I certify that I have all the necessary authority to carry out my duties and responsibilities under the WEB trading program on behalf of said persons and that each such person shall be fully bound by my representations, actions, inactions, or submissions and by any decision or order issued to me by the department regarding the general account."

(3) Upon receipt by the department of the complete certificate, the account representative represents and, by his or her representations, actions, inactions, or submissions, legally binds each person who has an ownership interest in allowances held in the general account with regard to all matters concerning the general account. Such persons shall be bound by any decision or order issued by the department.

(4) No WEB allowance tracking system general account shall be established until the tracking system administrator has received a complete certificate. Once the account is established, the account representative shall make all submissions concerning the account, including the deduction or transfer of allowances.

D. Requirements and responsibilities. Each submission for the general account shall be signed and certified by the account representative for the general account. Each submission shall include the following truth and accuracy certification statement by the account representative: "I am authorized to make this submission on behalf of all person who have an ownership interest in 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."

E. Changing the account representative. The account representative or alternate account representative may be changed at any time by sending a complete superseding certificate to the department and the tracking system administrator under Paragraph 2 of Subsection C of 20.2.81.105 NMAC, with the change taking effect upon receipt of such certificate by the department. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous account representative or alternate prior to the time and date when the department receives the superseding certificate shall be binding on the new account representative and all persons having ownership interest with respect to allowances held in the general account.

F. Changes to the account. Any change to the information required in the application for an existing account under Subsection A of 20.2.81.105 NMAC shall require a revision of the application.

N.M. Code R. § 20.2.81.105

20.2.81.105 NMAC - N, 12/31/03