N.M. Code R. § 20.11.104.108
Current through Register Vol. 35, No. 12, June 25, 2024
Section 20.11.104.108 - LIGHT- AND MEDIUM-DUTY ZERO-EMISSION VEHICLE REQUIREMENTS, REPORTING AND COMPLIANCEA. Effective model years 2027 through 2032, this 20.11.104.108 NMAC (Light- and Medium-Duty Zero-emission Vehicle Requirements, Reporting and Compliance) applies to manufacturers that deliver for sale, offer for sale, sell, import, deliver or lease passenger cars, light-duty trucks, and medium-duty vehicles pursuant to the requirements of CCR, Title 13, Section 1962.4.B. Each manufacturer subject to 20.11.104.108 NMAC (Light- and Medium-Duty Zero-emission Vehicle Requirements, Reporting and Compliance) shall comply with the annual ZEV requirement set forth in CCR, Title 13, Section 1962.4 using New Mexico specific vehicle production volume calculated in accordance with CCR, Title 13, Section 1962.4. Manufacturer's compliance with the annual ZEV requirement in New Mexico shall be based on the motor vehicles subject to 20.11.104.108 NMAC (Light- and Medium-Duty Zero-emission Vehicle Requirements, Reporting and Compliance) and 20.2.91.108 NMAC (Light- and Medium-Duty Zero-emission Vehicle Requirements, Reporting and Compliance) that each manufacturer delivers for sale, offers for sale, sells, imports, delivers, or leases in New Mexico, and shall be determined on a statewide basis.C. Each manufacturer subject to 2.11.104.108 NMAC (Light- and Medium-Duty Zero-emission Vehicle Requirements, Reporting and Compliance) shall submit to the environment department all reports in accordance with CCR, Title 13, Section 1962.4 for motor vehicles delivered for sale, offered for sale, sold, imported, delivered, or leased in New Mexico during the previous model year. The reports shall be on a statewide basis and formatted as determined by the environment department.D. Manufacturers subject to 20.11.104.108 NMAC (Light- and Medium-Duty Zero-emission Vehicle Requirements, Reporting and Compliance) may fulfill a portion of their compliance requirement with any of the additional vehicle values and allowances in accordance with CCR, Title 13, Section 1962.4, including: (1) PHEVs produced and delivered for sale in New Mexico in accordance with CCR, Title 13, Section 1962.4;(2) New ZEVs and PHEVs provided for use in qualified community-based clean mobility programs in New Mexico, which means a program determined by the environment department to qualify as a community-based clean mobility program pursuant to guidance issued by the environment department; a manufacturer cannot earn vehicle values pursuant to the requirements of CCR, Title 13, Section 1962.4 until the environment department determines a program qualifies as a community-based clean mobility program;(3) ZEVs and PHEVs initially leased in New Mexico and sold at the end of lease to a New Mexico dealer participating in a financial assistance program, which means a vehicle purchase incentive program where approved dealers accept a point-of-sale incentive for used ZEVs and PHEVs for lower-income consumers; qualifying programs in New Mexico will be approved by the environment department and posted on the environment department website;(4) New ZEVs and PHEVs delivered for sale in New Mexico below the manufacturer's suggested retail price threshold in accordance with CCR, Title 13, Section 1962.4; and(5) Early compliance vehicle values for model years 2025 and 2026 earned in accordance with CCR, Title 13, Section 1962.4.E. Manufacturers subject to 20.11.104.108 NMAC (Light- and Medium-Duty Zero-emission Vehicle Requirements, Reporting and Compliance) may fulfill any deficit portion of their total annual ZEV requirement with additional allowances in accordance with CCR, Title 13, Section 1962.4 and 20.11.104.109 (Voluntary Early Action Credits and Onetime Values), including: with converted ZEV values and PHEV values earned pursuant to 20.11.104.109 NMAC (Voluntary Early Action Credits and Onetime Values); and with ZEV values and PHEV values transferred from other states ("Pooled Values") pursuant to CCR, Title 13, Section 1962.4.F. In New Mexico, manufacturers shall make up any deficits incurred for a model year by submitting a commensurate amount of ZEV values to the secretary within three years to fulfill any remaining deficit of their annual ZEV requirement in a given model year in accordance with CCR, Title 13, Section 1962.4.N.M. Code R. § 20.11.104.108
20.11.104.108 NMAC - N, 1/1/08; A, 3/15/09, Adopted by New Mexico Register, Volume XXXIII, Issue 11, June 7, 2022, eff. 7/1/2022, Adopted by New Mexico Register, Volume XXXIV, Issue 24, December 19, 2023, eff. 12/31/2023