SECTION 155:30-3-5. Restrictions on certification

(a)   The Commission reserves the right to transfer a certificate to another person if the applicant is not legally entitled to the certificate.

(b)   The Commission shall not determine the market value, if any, of any carbon offset.

(c)   The Commission on issues relevant to the project shall not certify a carbon offset that has accidentally, intentionally, or through gross negligence violated the law when such determination is made by a governmental entity having competent jurisdiction. If and when a violation has been cured or remedied to the satisfaction of a governmental entity and documentation of the cure or remedy and satisfaction has been submitted to the Commission, certification will proceed. In addition, the Commission will not certify a carbon offset purported to be created by the intentional disturbance of soil followed by the subsequent replanting of crops or plants for the purpose of creating a carbon offset for monetary gain.

[Source: (For information about related emergency rules, see Editor’s Note at beginning of Chapter); Added at 26 Ok Reg 1388, eff 7-1-09]