N.M. Admin. Code § 3.3.14.13

Current through Register Vol. 35, No. 21, November 5, 2024

Section 3.3.14.13 - CERTIFICATION

A. The purpose of the department's certification program is to evaluate certification of complete solar energy systems for state tax credit or supplemental state tax credit eligibility that are composed of components and materials that are tested, certified, approved or listed, as applicable, by other organizations identified or referenced in 3.3.14 NMAC.

B. If an applicant has received a state tax credit or a supplemental state tax credit for a solar energy system under this part, the solar energy system may not be used to meet the requirements for other tax credits available under state law:

(1) If the 2021 sustainable building tax credit application uses a solar energy system to achieve the energy reduction performance rating, and that solar energy system was previously certified for the state tax credit or the supplemental state tax credit, the department shall disapprove the application for that portion of a 2021 sustainable building tax credit;

(2) if an onsite solar system is used to meet the 2021 sustainable building tax credit requirements of either the rating system certification level or the energy reduction requirement, the applicant may not claim a state tax credit or supplemental state tax credit under this part;

(3) a solar energy system may receive a state tax credit or supplemental state tax credit new installation certification only once; and

(4) in the case of an expansion to an existing solar energy system that previously received certification as a new installation, the department may approve a subsequent certification, but any credit issued shall cover only the costs of the expansion portion of the solar energy system.

C. If, after the department has issued a certification, any of these requirements are found to be insufficient, the department may rescind the certification.

N.M. Admin. Code § 3.3.14.13

Adopted by New Mexico Register, Volume XXXI, Issue 16, August 25, 2020, eff. 8/25/2020, Adopted by New Mexico Register, Volume XXXV, Issue 13, July 16, 2024, eff. 7/16/2024