HOUSE BILL 817

47th legislature - STATE OF NEW MEXICO - second session, 2006

INTRODUCED BY

Ben Lujan

AN ACT

RELATING TO PUBLIC ASSISTANCE; PROHIBITING DISCONTINUANCE OR DISCONNECTION OF UTILITY SERVICES TO CERTAIN UTILITY CUSTOMERS DURING THE WINTER HEATING SEASON.

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

     Section 1. Section 27-6-18 NMSA 1978 (being Laws 2005 (1st S.S.), Chapter 2, Section 2) is repealed and a new Section 27-6-18 NMSA 1978 is enacted to read:

     "27-6-18. [NEW MATERIAL] PROHIBITION ON DISCONTINUANCE OR DISCONNECTION OF UTILITY SERVICE DURING WINTER HEATING SEASON.--

          A. Unless requested by the customer, no utility shall discontinue or disconnect service to a residential customer for any billing cycle from November 15 through March 15 for nonpayment if the customer has been approved to receive assistance under the low-income home energy assistance program by the administering entity during the program's current season. In addition, no utility shall discontinue or disconnect service to a residential customer until at least fifteen days after the date scheduled for discontinuance or disconnection if the customer demonstrates to the utility that the customer has applied for assistance under the low-income home energy assistance program.

          B. If a customer notifies the utility that the customer needs payment assistance, the utility shall promptly report the customer's request for assistance to the administering entity. The administering entity shall take prompt action to evaluate the customer's eligibility for the low-income home energy assistance program.

          C. Utilities subject to this section shall have available at billing offices application forms for the low- income home energy assistance program and information about qualification requirements and where and how to apply for assistance.

          D. For purposes of this section:

                (1) "administering entity" means the human services department or a tribal entity that administers its own low-income home energy assistance program; and

                (2) "current season" means the period from October through August."