New Motor Vehicle Emissions Standards (Advanced Clean Cars II/Advanced Clean Trucks)

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What are the New Motor Vehicle Emission Standards?

The New Motor Vehicle Emission Standards are incorporated in the New Mexico Administrative Code, Title 20, Chapter 2, Part 91 (20.2.91 NMAC). See 20.2.91 NMAC at: HTML | PDF . The standard is broken into three rules.

ACCII applies to vehicle manufacturers, not consumers. It directs manufacturers to deliver an increasing number of new, on-road low- and zero-emission light-duty cars and trucks to New Mexico. Starting with Model Year 2027, 43 percent of new light-duty vehicles delivered to the state must comply with the rule, and ending with Model Year 2032, the rule ensures that over 80% of new vehicles meet the standard. The rule does not apply to Model Year 2033 or later and does not ban deliveries of new gasoline or diesel vehicles.

ACT requires that 40-75% of new, on-road medium- and heavy-duty vehicles delivered for sale in the state be zero-emission vehicles by 2035. The rule continues to apply to Model Year 2036 and later medium- and heavy-duty vehicles and it does not ban deliveries of new gasoline or diesel trucks.

HDO updates standards, testing, and compliance mechanisms for nitrogen oxides (NOx) and particulate matter (PM) emissions from on-road heavy-duty vehicles.

When do the rules go into effect?

Calendar Years	Model Year	Advanced Clean Cars II	Advanced Clean Trucks
			Class 2B-3	Class 4-8	Class 7-8
2026-2027	2027	43%	15%	20%	15%
2027-2028	2028	51%	20%	30%	20%
2028-2029	2029	59%	25%	40%	25%
2029-2030	2030	68%	30%	50%	30%
2030-2031	2031	76%	35%	55%	35%
2031-2032	2032	82%	40%	60%	40%
2032-2033	2033	–	45%	65%	40%
2033-2034	2034	–	50%	70%	40%
2034+	2035+	–	55%	75%	40%

Table 1: New zero-emission vehicle rule requirements for delivery to New Mexico by the automakers.

Spotlight on the ACCII rule:

Vehicle Types and why New Mexico needs Low- and Zero- Emission Vehicles

What do light-, medium-, and heavy-duty mean?

Note that Class 2 is often split into groups – 2a for vehicles with GVWR less than 8,500 lbs. and 2b for vehicles with GVWR between 8,500 and 10,000 lbs.

What are conventional vehicles?

Conventional vehicles are cars and trucks that rely on internal combustion engines to burn fuel. That energy is converted inside the engine into momentum that propels the vehicle forward. The vehicle has a tailpipe to release waste from the combustion process including heat, greenhouse gasses, and air pollutants into the atmosphere.

What are Low-Emission Vehicles (LEVs)?

LEVs are vehicles that emit fewer pollutants compared to conventional vehicles. They include Hybrid Vehicles and Plug-in Hybrid Electric Vehicles (PHEVs), which operate on either their internal combustion engine or their battery. PHEVs have a larger battery pack compared to Hybrid Vehicles so they can be charged by plugging into an external power source like a charging station or outlet, and operate on all electric power for a range before switching to operate on the gasoline engine. To qualify for credits under New Mexico’s New Motor Vehicle Emission Standards PHEVs are required to operate on the battery alone for at least 43 miles. This range allows most New Mexicans to do their day-to-day driving fueled by the electric battery, reducing local air pollution. When the electric range is spent, the vehicle automatically begins to operate on the gasoline engine, facilitating long trips and typical towing functionalities. In other words, the battery is designed to be used for more common short trips, and the internal combustion engine is used for less frequent, but longer trips.

What are Zero-Emission Vehicles (ZEVs)?

ZEVs consist of Battery Electric Vehicles (BEVs) and Fuel Cell Electric Vehicles (FCEV). BEVs run entirely on electricity and can be recharged at a charging station or outlet, while FCEVs run on electricity produced from a fuel cell using hydrogen gas. BEVs do not have a tailpipe, but FCEVs do have tailpipes that only emit water vapor and warm air.

Why does New Mexico need LEVs and ZEVs?

Transportation is the highest sector of nitrogen oxides (NO_x) emissions and the second-highest sector of climate pollution emissions in New Mexico. Likewise, the state faces air quality challenges, particularly in urban areas. Conventional vehicles contribute to smog and other pollutants that harm public health. They also release a significant amount of climate pollution, contributing to a warming planet. These programs are projected to greatly reduce the harmful pollutants emitted from vehicles. They will reduce NO_x levels by thousands of tons and particulate matter by hundreds of tons – especially along transportation corridors – and decrease climate-changing carbon dioxide by millions of tons.

As vehicle manufacturers transition to increased production of zero-emission vehicles, the Advanced Clean Cars II and Advanced Cleans Trucks regulations will ensure those manufacturers of electric vehicles and hydrogen vehicles prioritize New Mexico above states that have not adopted such programs. This standard will lead to cleaner air for everyone in New Mexico, improve public health, reduce consumer operating costs compared to conventional vehicles, and reduce the harmful effects of climate change.

Advanced Clean Cars I Rulemaking (2022)

Last year, the Environmental Improvement Board adopted the New Mexico Clean Cars Rule, which requires automakers to provide increasing numbers of zero-emission cars and light trucks (such as vans, minivans and SUVs) for sale in New Mexico. A zero-emission vehicle, or “ZEV”, is a vehicle that does not emit exhaust gas or other pollutants from the onboard source of power, and can include plug-in hybrid electric vehicles, battery electric vehicles and hydrogen fuel-cell vehicles.

Following a two-day hearing and multiple public comment sessions, on May 5^th, 2022, the Environmental Improvement Board (EIB) voted to adopt New Motor Vehicle Emission Standards as Part 91, Chapter 2, Title 20 of the New Mexico Administrative Code (NMAC), with a July 1, 2022, effective date. After the hybrid in-person and virtual joint hearing, the Albuquerque Bernalillo County Air Quality Control Board (AQCB) followed suit and adopted the nearly identical Clean Car Rule specific to the AQCB’s jurisdiction, NMAC 20.11.104 New Motor Vehicle Emission Standards.

The Clean Car Rule sets low-emission and zero-emission standards for new cars and trucks offered for sale in New Mexico, improving the air we breathe, giving consumers more choices, saving New Mexicans money, and protecting our environment. In addition to providing links to the newly adopted Clean Car Rule, this page describes the key milestones and procedural documents that led to its adoption.

Pollution from transportation accounts for a large portion of New Mexico’s greenhouse gas emissions and contributes to the state’s growing ozone problem. Seven New Mexico counties are nearing problematic ground-level ozone levels, which cause respiratory illnesses and heart attacks, and disproportionately affect the state’s most vulnerable populations. New vehicle standards can significantly improve air quality, including ground-level ozone levels, especially along heavily traveled urban corridors where traditionally disadvantaged populations disproportionately live and work.

In addition to the information below, the New Mexico Environment Department and the City of Albuquerque Environmental Health Department prepared answers to Frequently Asked Questions (English FAQs) and Preguntas Frecuentes Sobre La Propuesta de Norma de Autos Limpios Para Nuevo Mexico (Spanish FAQs) on the Clean Car Rule.

Boards held joint hearing on the proposed Clean Car Rule

On May 4, and May 5, 2022, the EIB and the AQCB held a hybrid in-person and virtual joint hearing to consider the proposed Clean Car Rule, EIB 21-66 (R)- In the Matter of Proposed 20.2.91 NMAC – New Motor Vehicle Emissions Standards and AQCB Petition No. 2022-1: Petition to Repeal Existing Rule 20.11.104 NMAC, Emission Standards for New Motor Vehicles, and Adopt Proposed Replacement Rule 20.11.104 NMAC, New Motor Vehicle Emission Standards.

Notice of the rulemaking hearing was published in English and Spanish in the New Mexico Register and in newspapers throughout the state.

Individuals, businesses, organizations, and agencies provided comments during the joint hearing and submitted written comments to the EIB Board Administrator.

The Environmental Improvement Board and Albuquerque Bernalillo County Air Quality Control Board approved petitions for a joint hearing on the proposed Clean Car Rule

On December 17, 2021, the Environmental Improvement Board proposed a joint hearing for the proposed New Motor Vehicle Emission Standards to begin Wednesday, May 4, 2022. The Albuquerque Bernalillo County Air Quality Control Board concurred on February 9, 2022, in response to the City of Albuquerque’s petition. The proposed Clean Car Rule incorporates constructive feedback that NMED and the City of Albuquerque received during the informal comment period and will cover New Mexico statewide to meet the requirements of the federal Clean Air Act.

NMED received over 130 comments on the discussion draft Clean Cars Rule

The Department received and considered the comments submitted on the discussion draft Clean Car Standard Rule by auto dealers, automakers, the agriculture industry, community advocates, environmental groups, and over 120 individual New Mexicans. The majority of comments support the adoption of stricter tailpipe emission standards on new passenger cars and the requirement that automakers deliver a greater percentage of zero-emission passenger cars beginning in 2025.

NMED held the 3rd Clean Cars New Mexico public engagement meeting on November 3, 2021

During the third Clean Cars New Mexico public meeting on November 3, 2021, the NMED planning team presented the discussion draft Clean Cars Rules with their projected cost and emission benefits. View a copy of the presentation slides here. The public meeting recording can be accessed by clicking on the image below.

NMED held the 2nd Clean Cars New Mexico public engagement meeting on September 15, 2021

During the second Clean Cars New Mexico public meeting on September 15, 2021, the planning team described how the three parts of the proposed Clean Car Rule work together to reduce mobile source emissions from light and medium-duty vehicles and elaborated on the zero-emission vehicle requirements. View a copy of the presentation slides here. The public meeting recording can be accessed by clicking on the image below. Please note that we did not record the first few minutes of the meeting.

NMED held the Clean Cars New Mexico kickoff meeting on July 21, 2021

During the kickoff meeting on July 21, 2021, NMED and Albuquerque staff described how the proposed Clean Cars Rule works and presented the adoption timeline. View a copy of the presentation slides here. The public meeting recording can be accessed by clicking on the image below.

What is Clean Cars New Mexico all about?

Clean Cars New Mexico is about adopting stricter emission standards for new cars and trucks offered for sale in the state. The low-emission vehicle (LEV) standard requires car manufacturers to offer new passenger cars and trucks in New Mexico that produce fewer greenhouse gases and other harmful air pollutants than vehicles only subject to the federal standard. The zero-emission vehicle (ZEV) standard would require manufacturers to offer for sale a minimum number of new, low- and zero-tailpipe emission vehicles (battery-electric vehicles, plug-in hybrid electric vehicles, and hydrogen-fuel-cell vehicles) as a percentage of all new vehicles for sale in the state. While the standards are identical to those set by California, New Mexico has some flexibility in determining early action credits, proportional credits, adoption timeline, reporting, compliance, and enforcement. California’s LEV/ZEV regulations have been adopted in at least 14 other states and Washington D.C, including recently in Nevada, Minnesota, Virginia, and Washington.

Why is NMED working with the City of Albuquerque?

The Environmental Improvement Board regulations govern air quality throughout the non-tribal areas of the state except within Bernalillo County, which is the domain of the Albuquerque-Bernalillo County Air Quality Control Board. To assure that the rule applies to the jurisdictions of both the EIB and of the AQCB and meets the identicality requirements of Section 177, the City of Albuquerque and NMED are partnering on these rules to clean up car tailpipe emissions for the air that all New Mexican’s breathe.. Find out more at the City’s Clean Cars Rule website.

Why is the state advancing Clean Cars New Mexico now?

Governor Michelle Lujan Grisham’s Climate Change Executive Order announced our state’s intent to reduce greenhouse gas (GHG) emissions by 45% by 2030. The order includes the Clean Cars New Mexico initiative to adopt low- and zero-emissions performance standards for passenger cars and trucks. After helping businesses keep employees safe during the COVID-19 pandemic and drafting the ozone precursor rule, NMED is ready to clean up emissions from passenger vehicles. This initiative is just one part of a broad program to reduce pollution across the transportation, energy, agricultural, industrial, and commercial sectors of our economy, which are outlined in the 2020 New Mexico Climate Strategy.

Advanced Clean Cars II, Advanced Clean Trucks, and Heavy Duty Omnibus Rulemaking (2023)

On July 3, 2023, Governor Lujan Grisham announced that the state would move to adopt Advanced Clean Cars and Advanced Clean Trucks rules to further advance New Mexico’s goals of ensuring New Mexicans have access to zero-emission vehicles, like electric cars, qualified plug-in vehicles, and hydrogen trucks. Zero-emission vehicles fight climate change and improve local air quality. Unlike gasoline and diesel fuels, electric cars and hydrogen truck fueling stations will not pollute groundwater throughout our state.

Fossil fuel-powered transportation in New Mexico contributes to air pollution and greenhouse gas emissions in our state. After the extraction and production of oil and gas, fossil-fuel transportation represents the second largest source of greenhouse gas emissions.

After a 4-day joint public hearing, multiple stakeholder meetings, and three public meetings, the New Mexico Environmental Improvement Board (EIB) and the Albuquerque-Bernalillo County Air Quality Control Board (AQCB) voted to adopt the Clean Cars and Clean Trucks rule as 20.2.91 NMAC on November 16, 2023 (EIB 23-56 (R)), with a December 31, 2023 effective date. See below for fact sheets and a concise explanatory statement.

Starting in calendar year 2026, 43% of all new passenger cars and light-duty trucks shipped to New Mexico auto dealerships by national auto manufacturers must be zero emission vehicles. Similarly, beginning in calendar year 2026, 15% of all new commercial heavy-duty trucks shipped to New Mexico auto dealerships by national auto manufacturers must be zero emission vehicles. These percentages gradually increase over time.

New Mexico has invested over $11.5 million in electric vehicle charging stations from State and federal funding sources and received an additional $38 million in U.S. Department of Transportation federal grants. Starting in January 2024, New Mexicans who purchase a qualifying new or used electric vehicle will enjoy immediate savings of up to $7,500 at the point of sale. This federal change eliminates the need to wait until tax return season to receive the federal tax credit. In October 2023, Governor Lujan Grisham committed to the adoption of additional state tax credits for zero-emission vehicles and infrastructure in the upcoming legislative session.

While federal funding has largely concentrated on electric vehicle chargers along heavily trafficked interstate corridors, the administration will request $55 million this legislative session to build out a state-wide network for charging stations to improve infrastructure in rural New Mexico.

The New Mexico Environment Department and the City of Albuquerque held three public meetings on the proposed rules, on September 19 and October 16, 2023 in person and October 4, 2023 online.

Contact Us to Lean More about New Motor Vehicle Emission Standards

cleancarsnm@env.nm.gov
Climate Change Bureau Permitting Section Manager, Angela Raso: (505)819-9825

Updated 2024-07-26