N.M. Stat. § 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.