HOUSE BILL 247

48th legislature - STATE OF NEW MEXICO - second session, 2008

INTRODUCED BY

Peter Wirth

AN ACT

RELATING TO UTILITIES; AMENDING A SECTION OF THE PUBLIC UTILITY ACT TO PROVIDE FOR LOW-INCOME CONSUMER RATES OR SERVICES.

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

     Section 1. Section 62-8-6 NMSA 1978 (being Laws 1941, Chapter 84, Section 42, as amended) is amended to read:

     "62-8-6. DISCRIMINATION.--

          A. No public utility shall, as to rates or services, make or grant any unreasonable preference or advantage to any corporation or person within any classification or subject any corporation or person within any classification to any unreasonable prejudice or disadvantage. No public utility shall establish and maintain any unreasonable differences as to rates of service either as between localities or as between classes of service. Nothing shall prohibit, however, the commission from approving economic development rates and rates designed to retain load, and nothing shall prohibit the commission from approving rates or services designed to diminish the burden of energy costs on low-income consumers.

          B. The commission may approve a rate or charge or a service of a gas or electric utility to provide a preference or advantage to low-income utility consumers. The implementation of a commission-approved rate or charge or service by a public utility shall not be deemed to subject any person to a prejudice, disadvantage or undue discrimination."

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