New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 91 - NEW MOTOR VEHICLE EMISSION STANDARDS › Section 20.2.91.109 - VOLUNTARY EARLY ACTION CREDITS AND ONETIME VALUES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Beginning
				July 1, 2022, for model years 2023 through 2025, this
				20.2.91.109 NMAC (Voluntary Early
				Action Credits and Onetime Values) 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 1962.2.
B. A manufacturer
				may earn early action credits for motor vehicles delivered for sale, offered
				for sale, sold, imported, delivered, or leased in New Mexico as set forth in
				CCR, Title 13, Section 1962.2. To earn early action credits, a manufacturer
				shall report all prior model year qualifying motor vehicles from this
				Subsection B of
				20.2.91.109 NMAC (Voluntary Early
				Action Credits and Onetime Values) and Subsection B of
				20.11.104.109 NMAC (Voluntary
				Early Action Credits and Onetime Values) to the department before May 1
				following each applicable year. The department shall verify, record, track, and
				report early action credits calculated on a statewide basis. At the conclusion
				of the reporting for model year 2025, the department shall follow CARB's
				procedures to convert early action credits to ZEV values and PHEV values as set
				forth in CCR, Title 13, Section 1962.4(g)(2)(A).
C. For model 2025, a manufacturer may earn
				either early action credits as set forth
				20.2.91.109 NMAC (Voluntary Early
				Action Credits and Onetime Values) and
				20.2.104.109 NMAC (Voluntary Early
				Action Credits and Onetime Values) or early compliance vehicle values as set
				forth in 20.2.91.108 NMAC (Light- and
				Medium-Duty Zero-emission Vehicle Requirements, Reporting and Compliance), both
				which are calculated on a statewide basis. A manufacturer shall make this
				election in its report for model year 2025.
D. In addition to earning early action
				credits, a manufacturer may earn onetime ZEV values and PHEV values equal to
				their converted early action credits, calculated on a statewide basis. To earn
				the onetime ZEV and PHEV values, a manufacturer shall submit a request to the
				department by May 1, 2026.
E.
				Notwithstanding the provisions set forth in CCR, Title 13, Subsections
				1962.4(g)(2)(B) and (C), ZEV values and PHEV values issued pursuant to
				20.2.91.109 NMAC (Voluntary Early
				Action Credits and Onetime Values) may be used, and shall only be used by a
				manufacturer subject to
				20.2.91.108 NMAC (Light- and
				Medium-Duty Zero-emission Vehicle Requirements, Reporting and Compliance) or
				traded to a manufacturer subject to
				20.2.91.108 NMAC (Light- and
				Medium-Duty Zero-emission Vehicle Requirements, Reporting and Compliance) to
				fulfill a deficit portion of their annual ZEV requirement in New Mexico for
				model years 2027 through 2029.
F.
				ZEV values and PHEV values issued pursuant to
				20.2.91.109 NMAC (Voluntary Early
				Action Credits and Onetime Values) may only be used for compliance with the
				annual ZEV requirements in New Mexico.
G. Motor vehicle early action credits or
				onetime values shall not constitute or convey a property right.