N.M. Code R. § 20.2.89.7

Current through Register Vol. 35, No. 11, June 11, 2024
Section 20.2.89.7 - DEFINITIONS

In addition to the terms defined in 20.2.2 NMAC, the following definitions shall apply to terms used in this part.

A. "Department" means the environment department.
B. "Entity" means an individual, estate, trust, receiver, cooperative association, club, corporation, company, firm, partnership, limited liability company, limited liability partnership, joint venture, syndicate or other association or a gas, water or electric utility owned or operated by a county or municipality.
C. "Geothermal electric generating facility" means a facility with a name-plate capacity of one megawatt or more that uses geothermal energy to generate electricity, including a facility that captures and provides geothermal energy to a preexisting electric generating facility using other fuels in part.
D. "Interest in a qualified generating facility" means title to a qualified generating facility; a leasehold interest in a qualified generating facility; an ownership interest in a business or entity that is taxed for federal income tax purposes as a partnership that holds title to or a leasehold interest in a qualified generating facility; or an ownership interest, through one or more intermediate entities that are each taxed for federal income tax purposes as a partnership, in a business that holds title to or a leasehold interest in a qualified generating facility.
E. "Name-plate capacity" means the maximum rated output of the facility measured as alternating current or the equivalent direct current measurement.
F. "Qualified generating facility" means a facility for which construction is anticipated to begin not later than December 31, 2015 and is:
(1) a solar thermal electric generating facility that begins or began construction on or after July 1, 2007 and that may include an associated renewable energy storage facility;
(2) a recycled energy project if that facility begins or began construction on or after July 1, 2007;
(3) a solar photovoltaic electric generating facility that begins or began construction on or after July 1, 2009 and that may include an associated renewable energy storage facility; or
(4) a geothermal electric generating facility that begins or began construction on or after July 1, 2009.
G. "Recycled energy" means energy produced by a generation unit with a name-plate capacity of not more than 15 megawatts that converts the otherwise lost energy from the exhaust stacks or pipes to electricity without combustion of additional fossil fuel.
H. "Small business" means a business entity, including its affiliates, that is independently owned and operated and employs fifty or fewer full-time employees. In addition, "small business" does not include any source which may emit more than fifty (50) tons per year of any regulated air contaminant for which there is a national or New Mexico ambient air quality standard, or seventy-five (75) tons per year of all regulated air contaminants for which there are national or New Mexico ambient air quality standards; and any major source for hazardous air pollutants under 20.2.70 NMAC.
I. "Solar photovoltaic electric generating facility" means an electric generating facility with a name-plate capacity of one megawatt or more that uses solar photovoltaic energy to generate electricity.
J. "Solar thermal electric generating facility" means an electric generating facility with a name-plate capacity of one megawatt or more that utilizes solar energy conversion technologies that convert solar energy to electricity by heating a working fluid to power a turbine that drives a generator, including a facility that captures and provides solar energy to a preexisting electric generating facility using other fuels in part. Examples of these systems include, but are not limited to, central receiver systems, parabolic dish, and solar trough.

N.M. Code R. § 20.2.89.7

20.2.89.7 NMAC - N, 12/20/08; A, 09/26/09