Cal. Code Regs. Tit. 17, § 95974 - Authorized Project Designee
(a) General Requirements for Designation of
Authorized Project Designee. An Offset Project Operator may designate an entity
as an Authorized Project Designee at the time of offset project listing or any
time after offset project listing as long as it meets the requirements of
section 95974(b).
(1) The Offset Project Operator may assign
ownership rights of ARB offset credits or registry offset credits to the
following entities at the time of registry offset credit or ARB offset credit
issuance pursuant to sections
95980.1 and
95981, respectively:
(A) Authorized Project Designee; or
(B) Any other third party not otherwise
prohibited by this article.
(2) The director or officer, as identified in
section 95830(c)(1)(B),
of the Offset Project Operator may delegate responsibility to the Authorized
Project Designee for performing or meeting all the requirements of sections
95975,
95976,
95977,
95977.1,
95977.2,
95980,
95980.1,
95981,
95981.1, and, where the Authorized
Project Designee is specifically identified, the requirements in sections
95983,
95985, and the Program for
Recognition of Early Action Offset Credits, on behalf of the Offset Project
Operator.
(A) If an Authorized Project
Designee is designated, the Authorized Project Designee will be responsible for
performing all activities to meet the requirements in section
95974(a)(2) and
will be the main point of contact with regard to the offset project for the
Offset Project Registry and ARB. The Offset Project Operator, however, is
ultimately responsible for ensuring compliance with the requirements of this
article and the applicable Compliance Offset Protocol. In addition, the Offset
Project Operator retains its ability to perform any activities required under
this article, including signing documents and attestations.
(B) If an Authorized Project Designee is
designated, the Offset Project Operator must designate an individual of the
Authorized Project Designee as a Primary Account Representative or Alternate
Account Representative on the Offset Project Operator's tracking system account
before the Authorized Project Designee may act on behalf of the Offset Project
Operator or submit any documentation to the Offset Project Registry and
ARB.
(C) Consultants. An Offset
Project Operator or Authorized Project Designee may use a consultant to prepare
documents for submittal by the Offset Project Operator or Authorized Project
Designee to the Offset Project Registry or ARB. However, a consultant may not
sign any documents or attestations on behalf of the Offset Project Operator or
Authorized Project Designee. A consultant may only communicate with ARB or the
Offset Project Registry in conjunction with the Offset Project Operator or
Authorized Project Designee, and the Offset Project Operator or Authorized
Project Designee must be included in all communications, whether written or
verbal, between ARB or the Offset Project Registry and the consultant regarding
the offset project.
(b) Modifications to Authorized Project
Designee and Activities. An Offset Project Operator may modify or change an
Authorized Project Designee, or any other third party authorized pursuant to
section 95974(a)(1) for a
listed offset project once within each calendar year after the offset project
has been listed by ARB or an Offset Project Registry by submitting a request,
in writing, to ARB or an Offset Project Registry.
Notes
2. Change without regulatory effect amending subsection (a)(2) filed 2-15-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 7).
3. Amendment filed 6-26-2014; operative 7-1-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 26).
4. Amendment of subsection (a)(2) filed 9-18-2017; operative 10-1-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 38).
5. Amendment of subsection (a)(2)(B) filed 3-29-2019; operative 3-29-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 13).
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.
2. Change without regulatory effect amending subsection (a)(2) filed 2-15-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 7).
3. Amendment filed 6-26-2014; operative
4. Amendment of subsection (a)(2) filed 9-18-2017; operative
5. Amendment of subsection (a)(2)(B) filed 3-29-2019; operative
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