SENATE BILL 189

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

INTRODUCED BY

Linda M. Lopez

AN ACT

RELATING TO ENERGY ASSISTANCE; PROVIDING DISTRIBUTIONS FOR HOME ENERGY RELIEF; MAKING A DISTRIBUTION TO THE HOME ENERGY RELIEF FUND FOR THE LOW INCOME HOME ENERGY ASSISTANCE PROGRAM; CHANGING THE NAME OF THE GASOLINE AND HOME HEATING RELIEF FUND TO THE HOME ENERGY RELIEF FUND; MAKING AN APPROPRIATION.

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

     Section 1. Section 6-4-25 NMSA 1978 (being Laws 2005 (1st S.S.), Chapter 2, Section 1) is amended to read:

     "6-4-25. [GASOLINE AND] HOME [HEATING] ENERGY RELIEF FUND--CREATED.--The "[gasoline and] home [heating] energy relief fund" is created in the state treasury. The fund consists of appropriations, distributions, gifts, grants and donations. Balances in the fund at the end of a fiscal year shall not revert to the general fund. The fund is administered by the department of finance and administration and money in the fund is subject to appropriation by the legislature

          [A. to provide gasoline price rebates to New Mexico taxpayers burdened as a result of extremely high gasoline

prices;

          B. to provide economic relief, in accordance with programs existing within New Mexico law, to New Mexico taxpayers suffering from rapidly increasing home heating costs; and

          C.] for the low income home energy assistance program."

     Section 2. A new section of the Tax Administration Act is enacted to read:

     "[NEW MATERIAL] DISTRIBUTION TO THE HOME ENERGY RELIEF FUND.--Beginning on July 1, 2008, a distribution pursuant to Section 7-1-6.20 NMSA 1978 shall be made to the home energy relief fund for the human services department's low income home energy assistance program in an amount equal to thirty-three and thirty-three hundredths percent of the net receipts attributable to the natural gas processors tax imposed and collected pursuant to Section 7-33-4 NMSA 1978."

     Section 3. Section 27-6-13 NMSA 1978 (being Laws 1979, Chapter 290, Section 3, as amended) is amended to read:

     "27-6-13. ADMINISTRATION OF LOW INCOME UTILITY ASSISTANCE ACT.--

          A. As used in the Low Income Utility Assistance Act, "department" means the [agency of the state designated by the governor] human services department.

          B. The department [is authorized to] may determine eligibility, establish payment amounts, make utility assistance payments to or on behalf of eligible recipients and otherwise administer the Low Income Utility Assistance Act.

          C. The department [is also called upon to utilize] shall use funds appropriated under the Low Income Utility Assistance Act to the maximum extent to generate available federal and local government funds and to mobilize other resources [which] that may be applied to the concepts of [that] the Low Income Utility Assistance Act."

     Section 4. Section 27-6-16 NMSA 1978 (being Laws 1979, Chapter 290, Section 6, as amended) is amended to read:

     "27-6-16. FUND CREATED.--There is created in the state treasury the "low income utility assistance fund". Money in the fund is appropriated to the department to make utility assistance payments and for weatherization and energy efficiency programs, which shall comprise at least fifty percent of the expenditures from the fund. Payments shall be made from the low income utility assistance fund upon warrants drawn by the secretary of finance and administration pursuant to vouchers signed by the [head of the department] secretary of human services or the secretary's designated representative. Such payments shall be made for the costs and administration of the Low Income Utility Assistance Act."

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