The definitions in the Air Quality Control Act, Section
74-2-2 NMSA 1978 shall apply in
20.11.104 NMAC. If a term is defined in Section
74-2-2 NMSA 1978 and 20.11.104
NMAC, the definition in 20.11.104 NMAC shall apply. The definitions in
20.11.1.7 NMAC, the Revised
Ordinances of Albuquerque 1994, Section 9-5-1 -2, and the Bernalillo County
Code, Article II, Section 30-31 shall not apply in 20.11.104 NMAC. When a term
in a provision of the California code of regulations (CCR), Title 13, Title 17,
or the California health and safety code (CHSC) incorporated by reference is
given a different meaning than the term defined for general purposes in
20.11.104 NMAC, the specific CCR or CHSC section's meaning and application of
the term shall control, except that all references in the incorporated sections
of the CCR and CHSC shall have a different meaning unique to New Mexico
whenever appropriate depending on context and the entity's authority, as
follows: "California" shall, whenever appropriate, mean "New Mexico", or
"Bernalillo County" and the "City of Albuquerque", depending on the context;
the "California Air Resources Board," "CARB," "state board," or "board" shall
mean the "environmental improvement board" or the "environment department", or
the "air quality control board" or the "environmental health department",
depending on the context; and "Executive Officer" shall mean the "secretary" or
the "director", depending on the context; provided, however, the terms in the
CCR and CHSC definitions incorporated by reference in
20.11.104.7 NMAC (Definitions)
shall not be changed. For registration of a motor vehicle, when a term defined
herein is also defined in the Motor Vehicle Code, Articles 1 through 8 of
Chapter 66 NMSA 1978, and is given a different meaning than the term defined
for general purposes in 20.11.104 NMAC, the Motor Vehicle Code meaning, and
application of the term shall control.
A.
"Air quality control board"
means the Albuquerque-Bernalillo county air quality control board, which is a
local board, as such term is defined in Subsection K of Section
74-2-2 NMSA 1978.
B.
"California Air Resources
Board" or
"CARB" means the same in
20.11.104 NMAC as it is
defined in CHSC, Section 39003.
C.
"Certification" means the same in
20.11.104 NMAC as it is defined
in CHSC, Section 39018.
D.
"Dealer" means the same in
20.11.104 NMAC as it is defined in
Subsection B of Section
57-16-3 NMSA 1978.
E.
"Emission standards" means
the same in
20.11.104 NMAC as it is defined in CHSC, Section 39027, which New
Mexico is authorized to adopt pursuant to
42 U.S.C. §
7507.
F.
"Emergency vehicle" means the
same in
20.11.104 NMAC as it is defined in CCR, Title 13, Section
1961.3(f)(10).
G.
"Environment department" means the New Mexico environment
department.
H. "
Environmental
health department" means the environmental health department, which is a
local agency as such term is defined in Subsection I of Section
74-2-2 NMSA 1978.
I.
"Environmental improvement
board" means the same in
20.11.104 NMAC as it is defined in Subsection A
of Section
74-1-3 NMSA 1978.
J.
"Fleet" means the same in
20.11.104 NMAC as it is defined in CCR, Title 13, Section 2012(d).
K.
"Fleet owner" means the same
in
20.11.104 NMAC as it is defined in CCR, Title 13, Section 2012(d).
L.
"Greenhouse gas" means the
same in
20.11.104 NMAC as it is defined in CCR, Title 13, Section
1961.3(18).
M.
"Heavy-duty
engine" means the same in
20.11.104 NMAC as it is defined in CCR, Title
13, Section 1900(b)(5) or CCR, Title 17, Section 95662, as
applicable.
N.
"Heavy-duty
vehicle" means the same in
20.11.104 NMAC as it is defined in CCR, Title
13, Section 1900(b)(6) or CCR, Title 17, Section 95662, as
applicable.
O.
"Light-duty
truck" means the same in
20.11.104 NMAC as it is defined in CCR, Title
13, Section 1900(b)(11).
P.
"Manufacturer" means the same in
20.11.104 NMAC as it is defined
in Subsection J of Section
57-16-3 NMSA 1978.
Q.
"Medium-duty" means the same
in
20.11.104 NMAC as it is defined in CHSC, Section 39037.5.
R.
"Medium-duty passenger vehicle"
means the same in
20.11.104 NMAC as it is defined in CCR, Title 13,
Section 1900(b)(12).
S.
"Medium-duty vehicle" means the same in
20.11.104 NMAC as it is
defined in CCR, Title 13, Section 1900(b)(13) or CCR, Title 17, Section 95662,
as applicable.
T.
"Methane" means the chemical compound containing one atom of
carbon and four atoms of hydrogen.
U.
"Model year" means the same
in
20.11.104 NMAC as it is defined in CHSC, Section 39038.
V.
"Motor vehicle" means the
same in
20.11.104 NMAC as it is defined in CHSC, Section 39039.
W.
"Motor vehicle engine" means
the same in
20.11.104 NMAC as it is defined in CHSC, Section 39042.5.
X.
"Non-methane organic gas"
means the same in
20.11.104 NMAC as it is defined in CCR, Title 13, Section
1961.2.
Y.
"Particulate
matter" means the same in
20.11.104 NMAC as it is defined in CCR, Title
13, Section 1961.2.
Z.
"Passenger car" means the same in
20.11.104 NMAC as it is defined
in CCR, Title 13, Section 1900(b)(17).
AA.
"Passenger vehicle" means
the same in
20.11.104 NMAC as it is defined in CHSC, Section 39046.
BB.
"Plug-in hybrid electric
vehicle" or
"PHEV" means the same in
20.11.104 NMAC as it
is defined in CCR, Title 13, Section 1962.4 and CCR, Title 13, Section 1963, as
applicable.
CC.
"Recall" means the same in
20.11.104 NMAC as it is defined in CCR,
Title 13, Section 1900(b)(19).
DD.
"Register" means to register a motor vehicle with the New Mexico
motor vehicle division.
EE.
"Sale" or "sell" means the transfer of equitable or
legal title to a motor vehicle or motor vehicle engine to the ultimate
purchaser.
FF.
"Truck"
means the same in
20.11.104 NMAC as it is defined in CHSC, Section
39054.
GG.
"Ultimate
purchaser" means the same in
20.11.104 NMAC as it is defined in CHSC,
Section 39055.5.
HH.
"Vehicle" means the same in
20.11.104 NMAC as it is defined in
CHSC, Section 39059.
II.
"Zero-emission vehicle" or
"ZEV" means the same in
20.11.104 NMAC as it is incorporated in CCR, Title 13, Sections 1962.2(a) and
1962.4(b).
JJ.
"ZEV
value" means a unit, expressed numerically, demonstrating delivery of
qualified zero-emission vehicles or other vehicle allowances for the annual ZEV
requirement.
