2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 6 - Utility Supplements and Assistance › Section 27-6-18.1 - Prohibition on discontinuance or disconnection of utility service during the winter heating season; minimum payments; payment plans; exceptions.

A. Except as provided in Subsection C of this section, unless requested by the customer, no utility shall discontinue or disconnect service to a residential customer during the heating season for nonpayment of the customer's utility bill if the customer meets the qualifications to receive assistance pursuant to the low-income home energy assistance program from the administering authority during the program's current heating season.
B. The utility shall make payment plan options available to the customer pursuant to rules adopted by the public regulation commission.
C. If the customer does not pay the past due charges from the customer's utility bill before the beginning of the next heating season, the customer shall not be eligible for protection from discontinued or disconnected utility service pursuant to this section during that next heating season until the past due charges are paid in full.
D. A customer who has defaulted on the customer's chosen payment plan and whose utility service has been discontinued or disconnected during the nonheating season can be reconnected and maintain the protection afforded by this section by paying reconnection charges, if any, and by paying the amount due pursuant to the payment plan by the date on which service is reconnected.
E. If a customer notifies the utility that the customer needs payment assistance and if the customer requests, the utility shall promptly report the customer's request for assistance to the administering authority. The administering authority shall take prompt action to evaluate the customer's eligibility for the low-income home energy assistance program.
F. Utilities subject to this section shall make the following information available to the public regarding:
(1) the low-income home energy assistance program's:
(a) application forms;
(b) requirements for qualifying for the program;
(c) procedures for making an application; and
(d) location to which an application may be submitted; and
(2) the protection against discontinued and disconnected service set forth in this section for customers seeking assistance paying utility bills during a heating season, including:
(a) payment options; and
(b) circumstances under which disconnection or discontinuance of service may occur.
G. As used in this section:
(1) "administering authority" means the human services department [health care authority department] or a tribal entity that administers its own low-income home energy assistance program;
(2) "current season" means the period beginning in September and continuing through August of the subsequent year;
(3) "heating season" means the period beginning November 15 and continuing through March 15 of the subsequent year;
(4) "nonheating season" means the period beginning on March 16 and continuing through November 14 of the same year; and
(5) "tribal entity" means the governing body or an agency of a federally recognized Indian nation, tribe or pueblo located in whole or in part in New Mexico.
History:
Laws 2007, ch. 231, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 2023, ch. 205, § 16 provided that references to the human services department shall be deemed to be references to the health care authority department.
Effective dates.
— Laws 2007, ch. 231 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.