HOUSE BILL 732
49th legislature - STATE OF NEW MEXICO - first session, 2009
INTRODUCED BY
Ben Lujan
AN ACT
RELATING TO PUBLIC ASSISTANCE; AMENDING AND ENACTING SECTIONS OF THE LOW INCOME UTILITY ASSISTANCE ACT; MAKING A DISTRIBUTION TO THE LOW INCOME UTILITY ASSISTANCE FUND FOR THE LOW INCOME HOME ENERGY ASSISTANCE PROGRAM AND THE LOW INCOME WEATHERIZATION PROGRAM AND FOR LOW INCOME ENERGY EFFICIENCY IMPROVEMENT PROGRAMS; MAKING APPROPRIATIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 27-6-11 NMSA 1978 (being Laws 1979, Chapter 290, Section 1) is amended to read:
"27-6-11. SHORT TITLE.--[This act] Sections 27-6-11 through 27-6-17 NMSA 1978 may be cited as the "Low Income Utility Assistance Act"."
Section 2. A new section of the Low Income Utility Assistance Act is enacted to read:
"[NEW MATERIAL] DEFINITIONS.--As used in the Low Income Utility Assistance Act:
A. "department" means the human services department;
B. "low income energy efficiency improvement programs" means small-scale, direct in-home energy efficiency programs that do not include weatherization and that are developed by the energy, minerals and natural resources department to assist low income households to become more energy efficient; and
C. "weatherization program" means the whole house energy efficiency improvements program administered by the New Mexico mortgage finance authority pursuant to Paragraph (5) of Subsection E of Section 58-18-5.5 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.
B.] The department [is authorized to] shall determine eligibility, establish payment amounts, make utility assistance payments to or on behalf of eligible recipients and shall otherwise administer sections of the Low Income Utility Assistance Act that relate to utility assistance payments.
B. The energy, minerals and natural resources department shall develop and implement low income energy efficiency improvement programs, including outreach and education, and may coordinate with the department and the New Mexico mortgage finance authority to determine eligibility for those programs. The energy, minerals and natural resources department shall also administer the provisions of the sections of the Low Income Utility Assistance Act that relate to low income energy efficiency improvement programs.
C. The New Mexico mortgage finance authority shall determine eligibility for and otherwise administer the provisions of the sections of the Low Income Utility Assistance Act that relate to the weatherization program.
[C.] D. The department [is also called upon to utilize], the energy, minerals and natural resources department and the New Mexico mortgage finance authority shall use funds appropriated under the Low Income Utility Assistance Act to the maximum extent to [generate] access available federal and local government funds and to [mobilize] leverage 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.--
A. There is created in the state treasury the "low income utility assistance fund". The fund shall consist of appropriations, distributions, gifts, grants and donations to the fund. Money in the fund shall be administered by the department of finance and administration and shall be apportioned and allocated as follows:
(1) at least fifty percent of the annual expenditures from the fund shall be allocated to the New Mexico mortgage finance authority for administration of the weatherization program;
(2) at least thirty percent of the annual expenditures from the fund shall be allocated to the department for utility assistance supplement payments; provided, however, that an amount less than thirty percent may be allocated in any fiscal year in which the department receives a grant of federal low income home energy assistance program funds of more than fifteen million dollars ($15,000,000); and
(3) no more than ten percent of the annual expenditures from the fund shall be allocated to the energy, minerals and natural resources department to develop and administer low income energy efficiency improvement programs.
B. Payments shall be made from the low income utility assistance fund upon warrants drawn by the secretary of finance and administration pursuant to vouchers or fund requests signed by the [head of the department] secretary of human services or the secretary's designated representative, the executive director of the New Mexico mortgage finance authority or the executive director's designated representative or the secretary of energy, minerals and natural resources or the secretary's designated representative. Such payments shall be made for the costs and administration of the Low Income Utility Assistance Act. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund."
Section 5. A new section of the Tax Administration Act is enacted to read:
"[NEW MATERIAL] DISTRIBUTION TO THE LOW INCOME UTILITY ASSISTANCE FUND.--Beginning on July 1, 2009, distributions pursuant to Section 7-1-6.20 NMSA 1978 shall be made to the low income utility assistance fund for the human services department's low income home energy assistance program, the New Mexico mortgage finance authority's low income weatherization programs and the energy, minerals and natural resources department's low income energy efficiency improvement programs 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 6. DELAYED REPEAL.--Section 5 of this act is repealed effective June 30, 2014.