Description
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“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 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 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 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 to implement the provisions of this section.”
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