House Amendment 8273
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 == penalties and remedies.
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 from November 1 through
1 10 April 1 annually if either of the following apply:
1 11 a. The customer makes a prepaid cash payment in
1 12 an amount corresponding to the vendor's stated cash
1 13 price of that day for two hundred fifty gallons of
1 14 deliverable fuel.
1 15 b. The customer is certified as eligible for the
1 16 federal low=income home energy assistance program.
1 17 2. A deliverable fuel vendor is not prohibited
1 18 from withholding the sale or delivery of deliverable
1 19 fuel to a customer who is certified as eligible
1 20 for the federal low=income home energy assistance
1 21 program and has received the maximum amount of annual
1 22 assistance pursuant to the program, or who cannot make
1 23 a prepaid cash payment for deliverable fuel pursuant to
1 24 subsection 1, paragraph "a".
1 25 3. A deliverable fuel vendor providing deliverable
1 26 fuel to a customer described in subsection 1, paragraph
1 27 "a", may apply up to twenty=five percent of the
1 28 cash payment toward any unpaid balance owed to the
1 29 deliverable fuel vendor. In the event that a payment
1 30 arrangement is entered into between a deliverable
1 31 fuel vendor and a customer described in subsection 1,
1 32 paragraph "a", and the customer misses three payments
1 33 pursuant to the arrangement within a one=year period or
1 34 within the time period during which the arrangement is
1 35 in effect, the vendor may require payment of all past
1 36 due payments in full before making a delivery pursuant
1 37 to this section. In the event that an unpaid balance
1 38 is owed by a customer who is certified as eligible for
1 39 the federal low=income home energy assistance program,
1 40 the division shall offer assistance in facilitating a
1 41 payment arrangement.
1 42 4. a. A customer shall be responsible for the
1 43 reasonable cost of system safety checks conducted
1 44 by a deliverable fuel vendor, unless the customer
1 45 is certified as eligible for the federal low=income
1 46 home energy assistance program and the cost is paid
1 47 for with program funds. System safety check payments
1 48 shall be in addition to, and shall not reduce, the
1 49 cash payment otherwise available for deliverable fuel
1 50 sale or delivery pursuant to subsection 1, paragraph
2 1 "a". A deliverable fuel vendor of propane conducting a
2 2 system safety check shall inform customers certified
2 3 as eligible for the low=income home energy assistance
2 4 program of the existence of programs and projects
2 5 developed by the Iowa propane education and research
2 6 council to provide assistance to persons certified as
2 7 eligible for the program, if applicable based upon the
2 8 results of the safety check. A deliverable fuel vendor
2 9 shall not be required to make or complete a delivery
2 10 of deliverable fuel if a system safety check reveals
2 11 mechanical problems or defects with the system which
2 12 constitute a safety hazard or concern.
2 13 b. A customer shall be responsible for the
2 14 reasonable cost of delivering the deliverable fuel to
2 15 the customer, as determined by the deliverable fuel
2 16 vendor, unless the customer is certified as eligible
2 17 for the federal low=income home energy assistance
2 18 program and the cost is paid for with program funds.
2 19 Delivery fees or charges shall be in addition to, and
2 20 shall not reduce, the cash payment otherwise available
2 21 for the deliverable fuel sale or delivery pursuant to
2 22 subsection 1, paragraph "a".
2 23 5. A violation of this section is an unlawful
2 24 practice pursuant to section 714.16 and a prohibited
2 25 practice pursuant to chapter 714H.
2 26 6. For the purposes of this section, unless the
2 27 context otherwise requires:
2 28 a. "Customer" means an existing customer of a
2 29 deliverable fuel vendor or a prospective customer
2 30 who submits an application or otherwise applies for
2 31 the purchase or delivery of deliverable fuel from a
2 32 deliverable fuel vendor serving the general geographic
2 33 area or vicinity where the fuel will be delivered.
2 34 b. "Deliverable fuel" means propane or any other
2 35 heating fuel sold or delivered in this state for home
2 36 heating purposes.
2 37 c. "Deliverable fuel vendor" means a retail propane
2 38 marketer or a retail dispenser or marketer of a
2 39 deliverable fuel other than propane for home heating
2 40 purposes.
2 41 d. "Propane" and "retail propane marketer" mean the
2 42 same as defined in section 101C.2.>
2 43 #2. Title page line 2, after <circumstances,> by
2 44 inserting <providing penalties,>
REICHERT of Muscatine
HF2475.1491 (1) 83
rn/nh
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