HOUSE BILL 724

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

William "Bill" R. Rehm

AN ACT

RELATING TO UTILITIES; PROHIBITING A GAS OR ELECTRIC UTILITY FROM DISCONTINUING SERVICE UNLESS THE CUSTOMER IS IN ARREARS AT LEAST SIXTY DAYS; REQUIRING THAT CERTAIN PROCEDURES BE FOLLOWED PRIOR TO A DISCONTINUANCE OF SERVICE.

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

     Section 1. Section 27-6-17 NMSA 1978 (being Laws 1991, Chapter 81, Section 1, as amended) is amended to read:

     "27-6-17. UTILITY SERVICE--PROCEDURES TO FOLLOW PRIOR TO SERVICE BEING DISCONTINUED.--

          A. A gas or electric utility shall not discontinue service to a residential customer for nonpayment unless the customer requests the discontinuance or the customer is sixty days or more in arrears.

          [A.] B. Unless requested by the customer, no gas or electric utility shall discontinue service to any residential customer for nonpayment [during the period from November 15 through March 15] unless the following procedures are followed:

                (1) at least fifteen days prior to the date scheduled for utility service to be discontinued, unless the [New Mexico] public [utility] regulation commission provides for a shorter period, the utility shall mail to all addresses for the customer on file with the gas or electric utility or hand-deliver to the customer a notice printed in both English and Spanish and in simple language, which notice clearly explains that:

                     (a) utility service shall stop on a specific date;

                     (b) the customer may be eligible for financial assistance to pay for the utility service; and

                     (c) for assistance, the customer should contact the utility or the department;

                (2) any utility subject to this section shall attempt to advise customers who contact the utility seeking financial assistance of the program administered under the Low Income Utility Assistance Act and of assistance programs the utility may administer on its own or in conjunction with others;

                (3) the utilities subject to this section and the department shall provide application forms for utility service payment assistance at billing and agency offices; and

                (4) before the service is actually discontinued, the utility shall attempt to make contact in person or by telephone to remind the customer of the pending date of discontinuance of service and that financial assistance for utility payments may be available.

          [B.] C. Unless requested by the customer, no gas or electric utility shall discontinue service to any residential customer for nonpayment during the period from November 15 through March 15 until at least fifteen days after the date scheduled for discontinuance of service if the department has certified to the utility that a customer is eligible for utility payment assistance under the Low Income Utility Assistance Act and that payment for the utility service provided to the customer will be made within the fifteen-day period.

          [C.] D. The department and the [New Mexico] public [utility] regulation commission shall coordinate and adopt, as they deem appropriate, either separate or joint rules [and regulations] necessary to implement the provisions of this section; provided that nothing in this section authorizes the department to revise tariffs or rate filings subject to the jurisdiction of the [New Mexico] public [utility] regulation commission."

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