New Mexico Administrative Code › Title 3 - TAXATION › Chapter 3 - PERSONAL INCOME TAXES › Part 35 - 2021 SUSTAINABLE BUILDING TAX CREDIT › Section 3.3.35.14 - REQUIREMENTS FOR ENERGY CONSERVING PRODUCTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Energy-conserving products shall be energy
				star rated for the location installed and meet the insulation requirements in
				3.3.35.14 NMAC to be eligible for the 2021 sustainable building tax credit.
				Energy conserving products and insulation improvements eligible for the 2021
				sustainable building tax credit shall meet the applicable requirements of the
				most current New Mexico commercial building code, the New Mexico residential
				building code, the New Mexico electrical code, the New Mexico mechanical code
				and the New Mexico plumbing code and shall be installed under a construction
				permit and shall be inspected by the code official having
				jurisdiction.
B. Insulation
				products and installation eligible for consideration for a tax credit are
(1) batts and blankets made of mineral fiber
				and mineral wool such as fiberglass, rock, slag, wool, cotton or cellulose
				materials; they are available with facings that serve as vapor retarders and
				without facings; some products have flanges to aid in installation to framed
				assemblies;
(2) loose-fill
				insulation that uses a blown installation process for cellulose, fiberglass,
				mineral wool and natural wools; the R-value of the blown wall insulation
				material installed in closed cavities is determined by the installed thickness
				and density; the installed density shall meet manufactured specifications; open
				horizontal applications, such as for attic and floors, the R-value is verified
				by thickness and rated coverage; in open vertical applications the R-value
				shall be thickness and rated coverage as per manufacture
				specifications;
(3) spray
				polyurethane foam having an open cellular structure having a nominal density of
				0.4 to 1.5 pounds per cubic foot shall have a minimum R-value of 3.6 per inch
				for compliance; a spray applied polyurethane foam having a closed cellular
				structure having a nominal density of 1.5 to less than 2.5 pounds per cubic
				foot shall have a minimum R-value of 5.8 per inch for compliance; the
				weatherproof seal placed on top of spray polyurethane foam shall protect from
				degradation caused by ultraviolet light, water and other normal weathering
				hazards; surfaces to receive the roof covering system must comply with
				applicable building codes and manufacturers installation
				recommendations;
(4) rigid
				insulation sheathing made from fiberglass, mineral wool, expanded polystyrene,
				extruded polystyrene, polyisocyanurate or polyurethane; this type of insulation
				may be used for roof decks, exterior walls, ceilings, basement walls, perimeter
				insulation or to cover window and door headers; fastening shall follow
				manufacturer requirements;
(5) wet
				insulation systems are roofing systems where insulation is installed above the
				waterproof membrane of a roof; installation shall meet New Mexico building code
				water sealing requirements;
(6)
				structural form wall systems made of closed cell spray foam placed in the
				cavity bonded to wood framing and continuous rigid board insulation on the
				exterior of the frame;
(7)
				structural insulated panels that are non-framed advanced construction system
				that consists of ridged foam insulation sandwiched between two sheets of board;
				the insulation can be expanded polystyrene foam, extruded polystyrene foam,
				polyurethane or polyisocyanurate foam; and
(8) insulated concrete forms (ICF) that are a
				system of formwork for concrete that stays in place as permanent building
				insulation and can be used for cast-in-place reinforced above-and below-grade
				concrete walls, floors and roofs; they are interlocking modular units that can
				be dry stacked (without mortar) and filled with concrete as a single concrete
				masonry unit; ICFs lock together externally and have internal metal or plastic
				ties to hold the outer layers of insulation to create a concrete
				form.