House Amendment 8220


PAG LIN

     1  1    Amend House File 2475 as follows:
     1  2 #1.  By striking everything after the enacting clause
     1  3 and inserting:
     1  4    <Section 1.  NEW SECTION.  216A.105  Deliverable
     1  5 fuels == mandatory delivery == qualifications.
     1  6    1.  A deliverable fuel vendor engaged in the
     1  7 business of providing deliverable fuel to customers in
     1  8 this state shall not withhold the sale or delivery of
     1  9 deliverable fuel to a customer between November 1 and
     1 10 April 1 annually if the customer makes a cash payment
     1 11 for deliverable fuel in the amount of five hundred
     1 12 dollars; or, if the fuel is propane, the cash payment
     1 13 shall be five hundred dollars or an amount equal to
     1 14 the price in effect at the time of delivery for three
     1 15 hundred gallons of propane, whichever is greater.
     1 16    2.  A deliverable fuel vendor providing deliverable
     1 17 fuel to a customer may apply a customer's cash payment
     1 18 pursuant to subsection 1 as follows:
     1 19    a.  Seventy=five percent toward the current
     1 20 deliverable fuel sale or delivery.
     1 21    b.  Twenty=five percent toward any unpaid balance.
     1 22    3.  A customer shall be responsible for the
     1 23 reasonable cost of system safety checks conducted by
     1 24 a deliverable fuel vendor, unless the cost is paid
     1 25 for with program funds.  System safety check payments
     1 26 shall be in addition to, and shall not reduce, the cash
     1 27 payment otherwise available for deliverable fuel sale
     1 28 or delivery.  A propane vendor conducting a system
     1 29 safety check shall inform customers of the existence
     1 30 of projects developed by the Iowa propane education
     1 31 and research council to provide assistance to persons
     1 32 eligible for the program, if applicable, based upon the
     1 33 results of the safety check.
     1 34    4.  A customer of a deliverable fuel vendor with an
     1 35 unpaid balance owing to that vendor shall not attempt
     1 36 to obtain deliverable fuel from another vendor pursuant
     1 37 to this section unless and until a reasonable payment
     1 38 arrangement for paying off the unpaid balance has been
     1 39 entered into between the customer and the deliverable
     1 40 fuel vendor.  The division shall provide assistance in
     1 41 facilitating a reasonable payment arrangement.
     1 42    5.  A deliverable fuel vendor is not prohibited
     1 43 from withholding the sale or delivery of deliverable
     1 44 fuel to a customer who cannot make a cash payment for
     1 45 deliverable fuel as required in subsection 1.
     1 46    6.  For the purposes of this section, unless the
     1 47 context otherwise requires:
     1 48    a.  "Customer" means an existing customer of a
     1 49 deliverable fuel vendor who has qualified for the
     1 50 federal low=income home energy assistance program for
     2  1 the purchase or delivery of deliverable fuel.
     2  2    b.  "Deliverable fuel" means propane or any other
     2  3 heating fuel sold and delivered in this state for home
     2  4 heating purposes.
     2  5    c.  "Deliverable fuel vendor" means a retail propane
     2  6 marketer or marketer of a deliverable fuel other than
     2  7 propane that has agreed to participate in the federal
     2  8 low=income home energy assistance program.
     2  9    d.  "Program" means the federal low=income home
     2 10 energy assistance program.
     2 11    e.  "Propane" and "retail propane marketer" mean the
     2 12 same as defined in section 101C.2.
     2 13    Sec. 2.  REPEAL.  Section 101C.14, Code 2009, is
     2 14 repealed.
     2 15    Sec. 3.  EFFECTIVE UPON ENACTMENT.  This Act, being
     2 16 deemed of immediate importance, takes effect upon
     2 17 enactment.>


                                        
          WAGNER of Linn
          HF2475.1377 (1) 83
          rn/nh

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