New Mexico Administrative Code
Title 20 - ENVIRONMENTAL PROTECTION
Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD
Part 104 - NEW MOTOR VEHICLE EMISSION STANDARDS
Section 20.11.104.109 - VOLUNTARY EARLY ACTION CREDITS AND ONETIME VALUES

A. Beginning July 1, 2022, for model years 2023 through 2025, this 20.11.104.109 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 20.11.104.109 NMAC (Voluntary Early Action Credits and Onetime Values) and Subsection B of 20.2.91.109 NMAC (Voluntary Early Action Credits and Onetime Values) to the environment department before May 1 following each applicable year. Early action credits shall be calculated on a statewide basis and at the conclusion of the reporting for model year 2025 converted to ZEV values and PHEV values. 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 20.11.104.109 NMAC (Voluntary Early Action Credits and Onetime Values) and 20.2.91.109 NMAC (Voluntary Early Action Credits and Onetime Values) or early compliance vehicle values as set forth in 20.11.104.108 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 environment 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 20.11.104.109 NMAC (Voluntary Early Action Credits and Onetime Values) may be used, and shall only be used by a manufacturer subject to 20.11.104.108 NMAC (Light- and Medium-Duty Zero-Emission Vehicle Requirements, Reporting and Compliance) or traded to a manufacturer subject to 20.11.104.108 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 20.11.104.109 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.