NMSA 1978, § 27-6-11 Short title
27-6-11. Short title
Chapter 27, Article 6 NMSA 1978 may be cited as the "Low Income Utility Assistance Act".
Laws 1979, ch. 290, § 1; 2009, ch. 232, § 1.
Utility Supplements and Assistance
NMSA 1978 ch. 27, art. 6
in effectNMSA 1978, § 27-6-12 Legislative intent and purpose
27-6-12. Legislative intent and purpose
It is the intent of the legislature and the purpose of the Low Income Utility Assistance Act to assist indigent residents to meet the increased costs for gas and electrical utilities, liquefied petroleum fuel, wood and coal to the maximum extent possible, particularly the cost of fuel adjustments and the cost of service indexing.
Laws 1979, ch. 290, § 2; 1980, ch. 118, § 1.
NMSA 1978, § 27-6-13 Administration of Low Income Utility Assistance Act
27-6-13. Administration of Low Income Utility Assistance Act
A. As used in the Low Income Utility Assistance Act:
(1) "authority" or "department" means the health care authority; and
(2) "utility" means a publicly, privately or municipally owned utility or a distribution cooperative utility for the rendition of electric power or gas.
B. The authority shall 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 authority 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 that may be applied to the concepts of the Low Income Utility Assistance Act.
Laws 1979, ch. 290, § 3; 1980, ch. 118, § 2; 2009, ch. 232, § 2; 2024, ch. 39, § 102.
NMSA 1978, § 27-6-14 Persons eligible for utility assistance
27-6-14. Persons eligible for utility assistance
A. Utility assistance supplements shall be paid to or on behalf of those persons who are determined to be eligible by rule of the authority.
B. The authority shall determine the amount of payment to be made; provided that no payment shall be made if a payment for the same services or incurred bills has been made to the household under a federal program for a similar purpose.
Laws 1979, ch. 290, § 4; 1980, ch. 118, § 3; 1984, ch. 94, § 1; 2024, ch. 39, § 103.
NMSA 1978, § 27-6-15 Utility assistance supplement program established; distribution to eligible recipients
27-6-15. Utility assistance supplement program established; distribution to eligible recipients
A. The authority is authorized to establish a utility assistance supplement program for purposes of the Low Income Utility Assistance Act.
B. Beginning on July 1, 1980 and each year thereafter, the authority shall pay utility assistance supplement payments, subject to the availability of funds from the low income utility assistance fund created under the provisions of Section 27-6-16 NMSA 1978.
Laws 1979, ch. 290, § 5; 1980, ch. 118, § 4; 2024, ch. 39, § 104.
NMSA 1978, § 27-6-16 Fund created
27-6-16. Fund created
The "low income utility assistance fund" is created in the state treasury. 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 secretary of health care authority. Such payments shall be made for the costs and administration of the Low Income Utility Assistance Act.
Laws 1979, ch. 290, § 6; 1980, ch. 118, § 5; 2024, ch. 39, § 105.
NMSA 1978, § 27-6-17 Utility service; procedures to follow prior to service being discontinued
27-6-17. Utility service; procedures to follow prior to service being discontinued
A. 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 public regulation commission provides for a shorter period, the utility shall mail 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 authority;
(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 authority 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. 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 authority 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. The authority and the public regulation commission shall coordinate and adopt, as they deem appropriate, either separate or joint rules necessary to implement the provisions of this section; provided that nothing in this section authorizes the authority to revise tariffs or rate filings subject to the jurisdiction of the public regulation commission.
Laws 1991, ch. 81, § 1; 1993, ch. 282, § 17; 2024, ch. 39, § 106.
NMSA 1978, § 27-6-18.1 Prohibition on discontinuance or disconnection of utility service during the winter heating season; minimum payments; payment plans; exceptions
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 health care authority 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.
Laws 2007, ch. 231, § 1; 2024, ch. 39, § 107.
Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18527/index.doFetched: 10/20/2026