SENATE BILL 141

55th legislature - STATE OF NEW MEXICO - second session, 2022

INTRODUCED BY

Leo Jaramillo and Susan K. Herrera

AN ACT

RELATING TO GAS; PROVIDING AN EMERGENCY EXCEPTION TO WHO MAY FILL AN OWNER'S LP GAS CONTAINER; DECLARING AN EMERGENCY.

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

     SECTION 1. Section 70-5-23 NMSA 1978 (being Laws 1993, Chapter 186, Section 20) is amended to read:

     "70-5-23. CONTAINERS TO BE FILLED ONLY BY OWNER OR UPON THE OWNER'S AUTHORIZATION--EMERGENCY EXCEPTION--LIST OF CUSTOMERS.--[Any]

          A. As used in this section:

                (1) "emergency" means a situation in which the state, a county or municipality or a tribal government issues a declaration finding in whole or in part that a lack of LP gas for heating, cooling or refrigeration is endangering customers' health or safety; and

                (2) "LP gas dispenser" means a person that delivers LP gas to an ultimate consumer for consumption only.

          B. Except as provided in Subsection C of this section, an LP gas container shall be filled only by the owner or upon the owner's authorization.

          C. When the bureau receives customer complaints about nondelivery of LP gas, the bureau shall contact the LP gas dispenser to determine the reason for the nondelivery and shall work with the LP gas dispenser to ensure timely delivery to customers. In an emergency, the bureau may require the LP gas dispenser that owns the containers used by customers to deliver LP gas within twenty-four hours or authorize one or more other LP gas dispensers to deliver and fill the owner's containers that are leased to customers; provided that if there is not enough LP gas to fill all containers, the bureau and the LP gas dispensers shall determine priorities and proportional deliveries, as appropriate. The LP gas dispenser shall provide its customer list to the bureau and the delivering LP gas dispenser. The customer list is not a public document subject to the provisions of the Inspection of Public Records Act.

          D. If a container holds LP gas for which a customer has paid either the owner or another dispenser, the owner of the container shall not remove the fuel or remove the container from a customer's premises without paying the customer the fair market price of the LP gas."

     SECTION 2. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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