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AN ACT

RELATING TO SOLAR ENERGY DEVELOPMENT; PROVIDING FOR RULEMAKING

TO ESTABLISH STANDARDS FOR NEW CONSTRUCTION TO ACCOMMODATE

SOLAR COLLECTORS; REPEALING SECTION 71-6-9 NMSA 1978 (BEING

LAWS 1981, CHAPTER 379, SECTION 19, AS AMENDED).

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 71-6-4 NMSA 1978 (being Laws 1981,

Chapter 379, Section 14) is amended to read:

"71-6-4. SHORT TITLE.--Sections 71-6-4 through 71-6-10

NMSA 1978 may be cited as the "Solar Collector Standards

Act"."

Section 2. Section 71-6-6 NMSA 1978 (being Laws 1981,

Chapter 379, Section 16) is amended to read:

"71-6-6. DEFINITIONS.--As used in the Solar Collector

Standards Act:

A. "department" means the energy, minerals and

natural resources department; and

B. "solar collector" means a component that

provides for the collection and transfer of incident solar

energy, such transfer to be effected through a liquid or air

medium primarily by mechanical means for use in water heating,

space heating or cooling or other applications that normally

require or would require a conventional source of energy such

as petroleum products, natural gas or electricity; but does

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not include a passive system that uses structural elements of

a building to provide for the collection, storage and

distribution of solar energy for heating or cooling without

the use of a motor-driven fan or pump."

Section 3. Section 71-6-7 NMSA 1978 (being Laws 1981,

Chapter 379, Section 17, as amended) is amended to read:

"71-6-7. DEPARTMENT--DUTIES RELATING TO SOLAR COLLECTOR

STANDARDS.--

A. The department shall promulgate rules to:

(1) define minimum standards for the

durability and reliability of solar collectors; and

(2) establish criteria for testing the

durability, reliability and thermal efficiency of solar

collectors.

B. In promulgating the rules required by

Subsection A of this section, the department shall:

(1) consult with scientists, engineers and

individuals in research centers and professional societies

such as the American society of testing and materials who are

engaged in the construction of, experimentation with and

research of solar energy systems in order to make changes,

modifications and improvements to the standards and

certification program;

(2) consider compliance costs to industry

and, insofar as practicable, make efforts to reduce such

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costs; and

(3) consider similar standards and testing

criteria adopted by other states or included in nationally

recognized and accepted testing methodologies.

C. The department shall approve testing facilities

that meet the criteria established by Paragraph (2) of

Subsection A of this section and that have no financial

interest in the manufacture, distribution or sale of solar

collectors. An approved testing facility that is partially or

wholly supported by state funds may collect a reasonable

testing fee sufficient to cover the costs of testing."

Section 4. Section 71-6-8 NMSA 1978 (being Laws 1981,

Chapter 379, Section 18, as amended) is amended to read:

"71-6-8. CERTIFICATION.--

A. A person who manufactures, distributes or sells

solar collectors may apply to the department for certification

of the collectors. The department shall certify the solar

collectors if:

(1) the applicant submits test results

performed by an approved testing facility that show that the

collectors meet the minimum standards of durability and

reliability and that indicate the thermal efficiency of the

collectors; or

(2) the applicant submits test results that

show that the collectors meet the minimum standards of

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durability and reliability and that indicate the thermal

efficiency of the collectors and the applicant submits proof

that the collectors have been certified or approved by another

state or the federal government and, in the opinion of the

secretary of energy, minerals and natural resources, the

minimum standards and testing criteria of the other state or

the federal government are at least as stringent as those

established pursuant to the Solar Collector Standards Act.

B. The department shall maintain accurate records

of all solar collectors that have been certified pursuant to

Subsection A of this section, including the test results

submitted to the department. The records shall be available

for public inspection.

C. Not more than once every two years, the

department may require any applicant for which solar

collectors have been previously certified pursuant to this

section to submit additional or more recent test results. If

the applicant continues to meet the requirements of Subsection

A of this section, the certification of the solar collectors

shall be continued. If the applicant fails to submit the

additional or more recent test results or if the applicant

fails to continue to meet the requirements of Subsection A of

this section, the department shall withdraw the certification

previously issued and shall so notify the applicant.

D. The department shall promulgate rules necessary

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to implement the provisions of this section."

Section 5. A new section of the Solar Collector

Standards Act is enacted to read:

"CONSTRUCTION STANDARDS TO ACCOMMODATE SOLAR

COLLECTORS--RULEMAKING.--The department, the construction

industries division of the regulation and licensing department

and the construction industries commission shall jointly

promulgate rules, standards or codes that establish

requirements for new construction that will accommodate the

installation of solar collectors to or on the new construction

after that construction is otherwise complete, including roof

orientation, roof strength, location of obstructions to

sunlight, access to installation locations, built-in conduit,

wiring and piping and brackets for attaching solar

collectors."

Section 6. A new section of the Construction Industries

Licensing Act is enacted to read:

"DIVISION AND COMMISSION--STANDARDS TO ACCOMMODATE SOLAR

COLLECTORS.--As provided in the Solar Collector Standards Act,

the division and commission shall jointly with the energy,

minerals and natural resources department promulgate rules,

standards or codes that establish requirements for new

construction that will accommodate the installation of solar

collectors to or on the new construction after the

construction is otherwise complete."

Section 7. REPEAL.--Section 71-6-9 NMSA 1978 (being

Laws 1981, Chapter 379, Section 19, as amended) is repealed.

Section 8. EFFECTIVE DATE.--The effective date of the

provisions of this act is July 1, 2007.

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