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AN ACT

RELATING TO ENERGY ASSISTANCE; PROVIDING FOR HOME HEATING

RELIEF; REVISING THE MORATORIUM ON DISCONNECTION OF UTILITY

SERVICE FOR HEATING DURING CERTAIN WINTER MONTHS; PROVIDING

PAYMENT OPTIONS.

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

Section 1. A new Section 27-6-18.1 NMSA 1978 is enacted

to read:

"27-6-18.1. PROHIBITION ON DISCONTINUANCE OR

DISCONNECTION OF UTILITY SERVICE DURING THE WINTER HEATING

SEASON--MINIMUM PAYMENTS--PAYMENT PLANS--EXCEPTIONS.--

A. Except as provided in Subsection C of this

section, unless requested by the customer, no utility shall

discontinue or disconnect service to a residential customer

during the heating season for nonpayment of the customer's

utility bill if the customer meets the qualifications to

receive assistance pursuant to the low-income home energy

assistance program from the administering authority during

the program's current heating season.

B. The utility shall make payment plan options

available to the customer pursuant to rules adopted by the

public regulation commission.

C. If the customer does not pay the past due

charges from the customer's utility bill before the beginning

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of the next heating season, the customer shall not be

eligible for protection from discontinued or disconnected

utility service pursuant to this section during that next

heating season until the past due charges are paid in full.

D. A customer who has defaulted on the customer's

chosen payment plan and whose utility service has been

discontinued or disconnected during the nonheating season can

be reconnected and maintain the protection afforded by this

section by paying reconnection charges, if any, and by paying

the amount due pursuant to the payment plan by the date on

which service is reconnected.

E. If a customer notifies the utility that the

customer needs payment assistance and if the customer

requests, the utility shall promptly report the customer's

request for assistance to the administering authority. The

administering authority shall take prompt action to evaluate

the customer's eligibility for the low-income home energy

assistance program.

F. Utilities subject to this section shall make

the following information available to the public regarding:

(1) the low-income home energy assistance

program's:

(a) application forms;

(b) requirements for qualifying for the

program;

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(c) procedures for making an

application; and

(d) location to which an application

may be submitted; and

(2) the protection against discontinued and

disconnected service set forth in this section for customers

seeking assistance paying utility bills during a heating

season, including:

(a) payment options; and

(b) circumstances under which

disconnection or discontinuance of service may occur.

G. As used in this section:

(1) "administering authority" means the

human services department or a tribal entity that administers

its own low-income home energy assistance program;

(2) "current season" means the period

beginning in September and continuing through August of the

subsequent year;

(3) "heating season" means the period

beginning November 15 and continuing through March 15 of the

subsequent year;

(4) "nonheating season" means the period

beginning on March 16 and continuing through November 14 of

the same year; and

(5) "tribal entity" means the governing body

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or an agency of a federally recognized Indian nation, tribe

or pueblo located in whole or in part in New Mexico."

Section 2. REPEAL.--Section 27-6-18 NMSA 1978 (being

Laws 2005 (1st S.S.), Chapter 2, Section 2) is repealed.