The definitions in the Air Quality Control Act, Section 74-2-2 NMSA 1978 shall apply in 20.11.104 NMAC. If a term is defined in Section 74-2-2 NMSA 1978 and 20.11.104 NMAC, the definition in 20.11.104 NMAC shall apply. The definitions in 20.11.1.7 NMAC, the Revised Ordinances of Albuquerque 1994, Section 9-5-1 -2, and the Bernalillo County Code, Article II, Section 30-31 shall not apply in 20.11.104 NMAC. When a term in a provision of the California code of regulations (CCR), Title 13, Title 17, or the California health and safety code (CHSC) incorporated by reference is given a different meaning than the term defined for general purposes in 20.11.104 NMAC, the specific CCR or CHSC section's meaning and application of the term shall control, except that all references in the incorporated sections of the CCR and CHSC shall have a different meaning unique to New Mexico whenever appropriate depending on context and the entity's authority, as follows: "California" shall, whenever appropriate, mean "New Mexico", or "Bernalillo County" and the "City of Albuquerque", depending on the context; the "California Air Resources Board," "CARB," "state board," or "board" shall mean the "environmental improvement board" or the "environment department", or the "air quality control board" or the "environmental health department", depending on the context; and "Executive Officer" shall mean the "secretary" or the "director", depending on the context; provided, however, the terms in the CCR and CHSC definitions incorporated by reference in 20.11.104.7 NMAC (Definitions) shall not be changed. For registration of a motor vehicle, when a term defined herein is also defined in the Motor Vehicle Code, Articles 1 through 8 of Chapter 66 NMSA 1978, and is given a different meaning than the term defined for general purposes in 20.11.104 NMAC, the Motor Vehicle Code meaning, and application of the term shall control.
A."Air quality control board" means the Albuquerque-Bernalillo county air quality control board, which is a local board, as such term is defined in Subsection K of Section 74-2-2 NMSA 1978.B."California Air Resources Board" or "CARB" means the same in 20.11.104 NMAC as it is defined in CHSC, Section 39003.C. "Certification" means the same in 20.11.104 NMAC as it is defined in CHSC, Section 39018.D."Dealer" means the same in 20.11.104 NMAC as it is defined in Subsection B of Section 57-16-3 NMSA 1978.E. "Emission standards" means the same in 20.11.104 NMAC as it is defined in CHSC, Section 39027, which New Mexico is authorized to adopt pursuant to 42 U.S.C. § 7507.F."Emergency vehicle" means the same in 20.11.104 NMAC as it is defined in CCR, Title 13, Section 1961.3(f)(10).G."Environment department" means the New Mexico environment department.H. "Environmental health department" means the environmental health department, which is a local agency as such term is defined in Subsection I of Section 74-2-2 NMSA 1978.I."Environmental improvement board" means the same in 20.11.104 NMAC as it is defined in Subsection A of Section 74-1-3 NMSA 1978.J."Fleet" means the same in 20.11.104 NMAC as it is defined in CCR, Title 13, Section 2012(d).K. "Fleet owner" means the same in 20.11.104 NMAC as it is defined in CCR, Title 13, Section 2012(d).L."Greenhouse gas" means the same in 20.11.104 NMAC as it is defined in CCR, Title 13, Section 1961.3(18).M. "Heavy-duty engine" means the same in 20.11.104 NMAC as it is defined in CCR, Title 13, Section 1900(b)(5) or CCR, Title 17, Section 95662, as applicable.N. "Heavy-duty vehicle" means the same in 20.11.104 NMAC as it is defined in CCR, Title 13, Section 1900(b)(6) or CCR, Title 17, Section 95662, as applicable.O."Light-duty truck" means the same in 20.11.104 NMAC as it is defined in CCR, Title 13, Section 1900(b)(11).P."Manufacturer" means the same in 20.11.104 NMAC as it is defined in Subsection J of Section 57-16-3 NMSA 1978.Q."Medium-duty" means the same in 20.11.104 NMAC as it is defined in CHSC, Section 39037.5.R."Medium-duty passenger vehicle" means the same in 20.11.104 NMAC as it is defined in CCR, Title 13, Section 1900(b)(12).S."Medium-duty vehicle" means the same in 20.11.104 NMAC as it is defined in CCR, Title 13, Section 1900(b)(13) or CCR, Title 17, Section 95662, as applicable.T."Methane" means the chemical compound containing one atom of carbon and four atoms of hydrogen.U."Model year" means the same in 20.11.104 NMAC as it is defined in CHSC, Section 39038.V."Motor vehicle" means the same in 20.11.104 NMAC as it is defined in CHSC, Section 39039.W."Motor vehicle engine" means the same in 20.11.104 NMAC as it is defined in CHSC, Section 39042.5.X."Non-methane organic gas" means the same in 20.11.104 NMAC as it is defined in CCR, Title 13, Section 1961.2.Y."Particulate matter" means the same in 20.11.104 NMAC as it is defined in CCR, Title 13, Section 1961.2.Z."Passenger car" means the same in 20.11.104 NMAC as it is defined in CCR, Title 13, Section 1900(b)(17).AA."Passenger vehicle" means the same in 20.11.104 NMAC as it is defined in CHSC, Section 39046.BB."Plug-in hybrid electric vehicle" or "PHEV" means the same in 20.11.104 NMAC as it is defined in CCR, Title 13, Section 1962.4 and CCR, Title 13, Section 1963, as applicable.CC."Recall" means the same in 20.11.104 NMAC as it is defined in CCR, Title 13, Section 1900(b)(19).DD."Register" means to register a motor vehicle with the New Mexico motor vehicle division.EE."Sale" or "sell" means the transfer of equitable or legal title to a motor vehicle or motor vehicle engine to the ultimate purchaser.FF. "Truck" means the same in 20.11.104 NMAC as it is defined in CHSC, Section 39054.GG."Ultimate purchaser" means the same in 20.11.104 NMAC as it is defined in CHSC, Section 39055.5.HH."Vehicle" means the same in 20.11.104 NMAC as it is defined in CHSC, Section 39059.II."Zero-emission vehicle" or "ZEV" means the same in 20.11.104 NMAC as it is incorporated in CCR, Title 13, Sections 1962.2(a) and 1962.4(b).JJ."ZEV value" means a unit, expressed numerically, demonstrating delivery of qualified zero-emission vehicles or other vehicle allowances for the annual ZEV requirement.N.M. Code R. § 20.11.104.7
20.11.104.7 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