1. (a) The CO2 AAR and any alternate CO2 AAR for the general account shall represent and, by his or her 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 the CO2 Budget Trading Program, notwithstanding any agreement between the CO2 AAR or any alternate CO2 AAR and such person. Any such person shall be bound by any order or decision issued to the CO2 AAR or any alternate CO2 AAR by the department or a court regarding the general account.
2. (b) Any representation, action, inaction, or submission by any alternate CO2 AAR shall be deemed to be a representation, action, inaction, or submission by the CO2 AAR.

3. (c) Each submission concerning the general account shall be submitted, signed, and certified by the CO2 AAR or the alternate CO2 AAR for the persons having an ownership interest with respect to CO2 allowances held in the general account. Each such submission shall include the following certification statement by the CO2 AAR or the alternate CO2 AAR:

   “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 fines or imprisonment.”

4. (d) The department shall direct the regional organization to accept or act on a submission concerning the general account only if the regional organization confirms that the submission has been made, signed, and certified in accordance with (c), above.

Source. #9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09 New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14; ss by #12967, eff 1-1-20