House Amendment 8368


PAG LIN

     1  1    Amend Senate File 2235, as amended, passed, and
     1  2 reprinted by the Senate, as follows:
     1  3 #1.  By striking everything after the enacting clause
     1  4 and inserting:
     1  5    <Section 1.  NEW SECTION.  216A.105  Deliverable
     1  6 fuels == mandatory delivery == qualifications.
     1  7    1.  A deliverable fuel vendor engaged in the
     1  8 business of providing deliverable fuel to customers in
     1  9 this state shall not withhold the sale or delivery of
     1 10 deliverable fuel to a customer between November 1 and
     1 11 April 1 annually if the customer makes a cash payment
     1 12 for deliverable fuel in the amount of five hundred
     1 13 dollars; or, if the fuel is propane, the cash payment
     1 14 shall be five hundred dollars or an amount equal to
     1 15 the price in effect at the time of delivery for three
     1 16 hundred gallons of propane, whichever is greater.
     1 17    2.  A deliverable fuel vendor providing deliverable
     1 18 fuel to a customer may apply a customer's cash payment
     1 19 pursuant to subsection 1 as follows:
     1 20    a.  Seventy=five percent toward the current
     1 21 deliverable fuel sale or delivery.
     1 22    b.  Twenty=five percent toward any unpaid balance.
     1 23    3.  A customer shall be responsible for the
     1 24 reasonable cost of system safety checks conducted by
     1 25 a deliverable fuel vendor, unless the cost is paid
     1 26 for with program funds.  System safety check payments
     1 27 shall be in addition to, and shall not reduce, the cash
     1 28 payment otherwise available for deliverable fuel sale
     1 29 or delivery.  A propane vendor conducting a system
     1 30 safety check shall inform customers of the existence
     1 31 of projects developed by the Iowa propane education
     1 32 and research council to provide assistance to persons
     1 33 eligible for the program, if applicable, based upon the
     1 34 results of the safety check.
     1 35    4.  A customer of a deliverable fuel vendor with an
     1 36 unpaid balance owing to that vendor shall not attempt
     1 37 to obtain deliverable fuel from another vendor pursuant
     1 38 to this section unless and until a reasonable payment
     1 39 arrangement for paying off the unpaid balance has been
     1 40 entered into between the customer and the deliverable
     1 41 fuel vendor.  The division shall provide assistance in
     1 42 facilitating a reasonable payment arrangement.
     1 43    5.  A deliverable fuel vendor is not prohibited
     1 44 from withholding the sale or delivery of deliverable
     1 45 fuel to a customer who cannot make a cash payment for
     1 46 deliverable fuel as required in subsection 1.
     1 47    6.  For the purposes of this section, unless the
     1 48 context otherwise requires:
     1 49    a.  "Customer" means an existing customer of a
     1 50 deliverable fuel vendor who has qualified for the
     2  1 federal low=income home energy assistance program for
     2  2 the purchase or delivery of deliverable fuel.
     2  3    b.  "Deliverable fuel" means propane or any other
     2  4 heating fuel sold and delivered in this state for home
     2  5 heating purposes.
     2  6    c.  "Deliverable fuel vendor" means a retail propane
     2  7 marketer or marketer of a deliverable fuel other than
     2  8 propane that has agreed to participate in the federal
     2  9 low=income home energy assistance program.
     2 10    d.  "Program" means the federal low=income home
     2 11 energy assistance program.
     2 12    e.  "Propane" and "retail propane marketer" mean the
     2 13 same as defined in section 101C.2.
     2 14    Sec. 2.  REPEAL.  Section 101C.14, Code 2009, is
     2 15 repealed.
     2 16    Sec. 3.  EFFECTIVE UPON ENACTMENT.  This Act, being
     2 17 deemed of immediate importance, takes effect upon
     2 18 enactment.>
     2 19 #2.  Title page, by striking line 2 and inserting:
     2 20 <under specified circumstances, and>


                                        
          WAGNER of Linn
          SF2235.1954 (2) 83
          rn/nh

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