N.M. Admin. Code § 3.3.33.7

Current through Register Vol. 35, No. 20, October 22, 2024

Section 3.3.33.7 - DEFINITIONS

A. "Agricultural biomass" means wet manure from either dairy or feedlot commercial operations that meets specifications established by the energy minerals and natural resources department.

B. "Agricultural biomass production facility" means a diary or feedlot that collects animal waste for the purpose of transporting that material to a facility where it will be used to generate electricity, make biocrude or other liquid or gaseous fuel for commercial use.

C. "Applicant" means a taxpayer that transports agricultural biomass to a qualified energy producing facility and who desires to have the department issue a certificate of transportation to be used in applying for an agricultural biomass personal income tax credit from the taxation and revenue department.

D. "Application package" means the application documents an applicant submits to the department to receive a certificate of transportation to support an agricultural biomass personal income tax credit application to the taxation and revenue department.

E. "Apron scrape" means biomass collected from concrete feeding aprons or bedding areas.

F. "Biocrude" means a non-fossil form of energy that can be transported and refined using existing petroleum refining facilities and that is made from biologically derived feedstocks and other agricultural biomass.

G. "Certificate of transportation" means a document issued by the department to the applicant and the taxation and revenue department, enumerated with a unique system certification number and certifying the number of wet tons of agricultural biomass transported to a qualified facility during a specified taxable year. The purpose of this document is to certify the number of wet tons of biomass qualifying for the biomass personal income tax credit.

H. "Corral scrape" means biomass collected from soil bedding or feed areas.

I. "Dairy" means a facility that raises livestock for milk production.

J. "Department" means the energy, minerals and natural resources department.

K. "Dry cow" means a fully grown cow that is not currently being milked.

L. "Feedlot" means an operation that fattens livestock for market.

M. "Greenwater" means milking parlor washwater.

N. "Heifer" means a young replacement cow of at least 500 pounds that has not yet been milked.

O. "Livestock" means domestic animals that produce usable agricultural biomass.

P. "Milking cow" means a dairy cow that is lactating and which is milked on a daily basis.

Q. "Qualified facility" or "qualified energy producing facility" means a facility that the department has determined uses agricultural biomass to generate electricity or make biocrude or other liquid or gaseous fuel for commercial use.

R. "Transport" means to convey or arrange for conveyance of biomass by vehicle or pipe from dairy or feedlot to a qualified facility.

S. "Taxable year" means the annual accounting period for purposes of filing personal income tax returns as defined by the United States internal revenue service.

T. "Taxpayer" means a diary or feedlot operator or lessee who is liable for payment of gross receipts tax or personal income tax.

U. "Taxpayer identification number" means an applicant's social security number or 11 digit number issued to the applicant upon registration with the taxation and revenue department to pay gross receipts and individual taxes.

V. "Wet ton" means 2000 pounds of agricultural biomass qualifying for a certificate of transportation from the department. The number of wet tons qualifying for the certificate of transportation from a dairy during a specific time period is the amount in tons transported from the agricultural biomass production facility calculated by adding:

(1) the daily population of milking cows times 49 pounds of biomass per milking cow per day of apron scrape plus 70 pounds of biomass per day per milking cow of corral scrape; plus

(2) the daily population of dry cows times 30 pounds of biomass per dry cow per day of apron scrape plus 45 pounds of biomass per day per dry cow of corral scrape; plus

(3) the daily population of heifers times 17 pounds of biomass per heifer per day of apron scrape plus 26 pounds of biomass per day per heifer of corral scrape; plus

(4) 13 pounds of biomass per milking cow per day pumped from the agricultural biomass production facility as greenwater for each day of the time period. In the event that less than 100 percent of the biomass produced at the agricultural biomass production facility is transported to a qualified facility, the amount of calculated transported biomass qualifying for a certificate of transportation will be proportionally reduced by the percentage of each of the three catagories (apron scrape, corral scrape and greenwater) of the biomass not transported to a qualifying facility during the time period.

N.M. Admin. Code § 3.3.33.7

3.3.33.7 NMAC - N, 2/29/2012