New Mexico Administrative Code

A. The department shall consider applications in the order received, according to the day they are received, but not the time of day. If the department approves applications received on the same day and the applications would exceed the annual cap, then the department will divide…

A. Geothermal ground-coupled heat pump systems that the department may certify shall meet the following minimum requirements: (1) compliance with the latest adopted version of all applicable federal, state and local government statutes or ordinances, rules or regulations and code…

A. Geothermal ground-coupled heat pump systems that the department may certify shall meet the following requirements: (1) be made of new equipment, components and materials; (2) have a written minimum two year warranty provided by the contractor on parts, equipment and labor with…

A. The cost of a geothermal ground-coupled heat pump system the department certifies shall be the cost of acquiring the system but shall not include the following: (1) expenses, including but not limited to: (a) unpaid labor or the applicant's labor; (b) unpaid equipment or mater…

A. To claim the tax credit, a taxpayer owning a geothermal ground-coupled heat pump system that the department has certified shall submit to the taxation and revenue department a claim, which shall consist of the certificate of eligibility the department issued to the taxpayer, a…

3.3.32 NMAC applies to the application and certification procedures for administration of the tax credit for geothermal ground-coupled heat pumps.

3.3.32 NMAC is established under the authority of NMSA 1978, Section 7-2-18.24 and NMSA 1978, Section 9-1-5.

Permanent.

09/15/2010, unless a later date is cited at the end of a section.

3.3.32 NMAC's objective is to establish procedures for administering the program to issue a certificate of eligibility for the tax credit for geothermal ground-coupled heat pumps.

A. "Annual cap" means the annual aggregate amount of the geothermal ground-coupled heat pump tax credit available to individual and corporate taxpayers. B. "Applicant" means an individual taxpayer or taxpayers who own a geothermal ground-coupled heat pump system in New Mexico and…

A. Only a taxpayer who is the owner of a geothermal ground-coupled heat pump system that is purchased and is installed in a residence, business or agricultural enterprise in New Mexico on or after January 1, 2010, but before December 31, 2020 may receive a certificate of eligibil…

A. To apply for the tax credit an applicant shall submit a complete application package to the division. An applicant may obtain the tax credit application form and system installation form from the division to submit as part of the package. B. An application package shall includ…

Energy, Minerals and Natural Resources Department.

A. The department shall review the application within 30 days of receipt. If the application package complies with 3.3.33 NMAC, the department will determine the number of wet tons of biomass transported, check accuracy of the applicant's documentation and determine whether the d…

3.3.33 NMAC applies to the application and certification procedures for administration of the agricultural biomass personal income tax credit for dairy or feedlot operations.

3.3.33 NMAC is established under the authority of NMSA 1978, Section 7-2-18.26(F) and NMSA 1978, Section 9-1-5.

Permanent.

February 29, 2012, unless a later date is cited at the end of a section.

3.3.33 NMAC's objective is to establish procedures to provide certification of transportation of agricultural biomass to a qualified facility that uses agricultural biomass to generate electricity or make biocrude or other liquid or gaseous fuel for commercial use.

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…

A. The agricultural biomass personal income tax credit is available to taxpayers filing a personal income tax return for taxable years beginning on or after January 1, 2011 and ending prior to January 1, 2030. Certificates of transportation pursuant to 3.3.33 NMAC may be issued b…

A. To apply for the certificate of transportation, an applicant shall submit a complete application package to the energy conservation and management division of the department within 30 days of the end of the taxable year for which certification is sought. An applicant may obtai…

Energy, Minerals and Natural Resources Department.

A. To obtain the 2015 sustainable building tax credit, a taxpayer shall apply for a certificate of eligibility with the department using either a department-developed application form or approved electronic application system as directed by the division director. An applicant may…

A. In the event the sustainable commercial building is a building type that is not available in target finder and the applicant uses an alternative method to establish the energy reduction requirement, the applicant shall include the following information in addition to the other…

A. The department considers applications in the order received, according to the day they are received, but not the time of day. B. The department approves or disapproves an application package following the receipt of the complete application package. The department disapproves …

A. The department calculates the maximum 2015 sustainable building tax credit for sustainable residential and sustainable commercial buildings that are not multifamily dwelling units based on the qualified occupied square footage of the sustainable commercial building, the LEED r…

To claim the 2015 sustainable building tax credit, an applicant shall submit all certificates of eligibility to the taxation and revenue department within 30 days of the department's issuance, along with a completed form provided by the taxation and revenue department, and any ot…

3.3.34 NMAC applies to the application and certification procedures for administration of the 2015 sustainable building tax credit for sustainable residential buildings, sustainable commercial buildings and manufactured housing.

3.3.34 NMAC is established under the authority of Sections 7-2-18.29 and Subsection E of Section 9-1-5 NMSA 1978.

Permanent unless an earlier date is specified in a section.

February 8, 2022, unless a later date is cited at the end of a section.

3.3.34 NMAC's objective is to establish procedures for administering the program to issue a certificate of eligibility for the 2015 sustainable building tax credit for sustainable residential buildings, sustainable commercial buildings and manufactured homes.

"2015 sustainable building tax credit" means the amendments passed by the legislature in 2021 to the new sustainable building tax credit in the Income Tax Act and the Corporate and Franchise Tax Act. The name of the new sustainable building tax credit was changed to the 2015 sust…

A. A person who is the owner of a building in New Mexico that has been constructed, renovated or manufactured or is a sustainable residential or sustainable commercial building and that receives certification on or after January 1, 2017, and prior to April 1, 2023, may receive a …

A. The department reviews the qualifications for verifiers of the build green New Mexico or LEED-H certifications or LEED commercial buildings, which shall be provided annually to the department, based on the following criteria: (1) the verifier is independent from the homebuilde…

Energy, Minerals and Natural Resources Department.

A. To obtain the 2021 sustainable building tax credit, a taxpayer shall apply for a certificate of eligibility with the department using either a department-developed application form or approved electronic application system as directed by the division director. An applicant may…

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. B. Energy-conserving products installed under the 2021 sustainable building tax …

A. The department considers applications in the order received, according to the day they are received, but not the time of day. B. The department approves or disapproves an application package following the receipt of the complete application package. The department disapproves …

A. The department calculates the maximum 2021 sustainable building tax credit based on the qualified occupied square footage of the sustainable building, the rating system under which the applicant achieved certification and the certification level the applicant achieved. The tax…

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 sus…

To claim the 2021 sustainable building tax credit, an applicant shall submit all certificates of eligibility to the taxation and revenue department within 30 days of the department's issuance, along with a completed form provided by the taxation and revenue department, and any ot…

3.3.35 NMAC applies to the application and certification procedures for administration of the 2021 sustainable building tax credit for sustainable residential buildings, sustainable commercial buildings, the renovation of existing buildings, the permanent installation of manufact…

3.3.35 NMAC is established under the authority of Section 7-2-18.32 and Subsection E of 9-1-5 NMSA 1978.

Permanent unless an earlier date is specified in a section.

July 12, 2022, unless a later date is cited at the end of a section.

3.3.35 NMAC's objective is to establish procedures for administering the program to issue a certificate of eligibility for the 2021 sustainable building tax credit for sustainable residential and commercial buildings, renovation of existing buildings or the installation of energy…

For additional definitions refer to Sections 7-2-18.32 NMSA 1978. A. "Annual cap" means the annual total amount of the 2021 sustainable building tax credit available to taxpayers owning sustainable buildings. B. "Applicant" means a taxpayer who owns a sustainable residential or c…