House Amendment 8396
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. Except when an unsafe condition would result,
1 8 a deliverable fuel vendor engaged in the business of
1 9 providing deliverable fuel to customers in this state
1 10 shall not withhold the sale or delivery of deliverable
1 11 fuel to a customer between November 1 and April 1
1 12 annually if the customer makes a prepaid payment in an
1 13 amount corresponding to the vendor's current cash price
1 14 for two hundred fifty gallons of deliverable fuel or
1 15 the vendor is notified by the division that not less
1 16 than this amount will be paid from program funds on
1 17 behalf of the customer.
1 18 2. a. A deliverable fuel vendor is not prohibited
1 19 from withholding the sale or delivery of deliverable
1 20 fuel to a customer who has received the maximum amount
1 21 of annual program assistance available and who cannot
1 22 make a prepaid payment for deliverable fuel pursuant
1 23 to subsection 1.
1 24 b. A delivery of deliverable fuel is not required
1 25 when a deliverable fuel vendor has grounds to believe
1 26 that an unsafe condition or unlawful use would result.
1 27 3. A deliverable fuel vendor providing deliverable
1 28 fuel to a customer with an unpaid balance owing to the
1 29 vendor may reduce the amount of the required delivery
1 30 by up to twenty=five percent and shall apply the value
1 31 of the reduction to the customer's unpaid balance
1 32 except when the payment is made from program funds. If
1 33 an unpaid balance remains, the division shall offer
1 34 assistance in facilitating a payment arrangement. If
1 35 a customer subject to a payment arrangement misses
1 36 three payments required by the arrangement within a
1 37 one=year period or within the time period during which
1 38 the arrangement is in effect, the vendor is relieved of
1 39 any obligation pursuant to this section relating to the
1 40 customer and the entire balance owed to the vendor is
1 41 due and payable .
1 42 4. A customer shall be responsible for payment
1 43 in advance of any charges for system safety checks
1 44 conducted by a deliverable fuel vendor, except when
1 45 that charge will be paid with additional program funds
1 46 specified for that use. System safety check payments
1 47 shall be in addition to, and shall not reduce, the
1 48 payment otherwise available for a deliverable fuel sale
1 49 or delivery. A propane vendor conducting a system
1 50 safety check shall inform customers of the existence
2 1 of projects developed by the Iowa propane education
2 2 and research council to provide assistance to persons
2 3 eligible for a project, if applicable, based upon the
2 4 results of the safety check.
2 5 5. A customer shall be responsible for advance
2 6 payment of a charge for delivering deliverable fuel to
2 7 the customer, as determined by the deliverable fuel
2 8 vendor, unless that charge is paid for in advance with
2 9 program funds. The charge for delivery may include
2 10 an additional amount when an unscheduled or special
2 11 delivery is required by the customer. Delivery fees or
2 12 charges shall be in addition to, and shall not reduce,
2 13 the payment otherwise available for the deliverable
2 14 fuel sale or delivery pursuant to subsection 1.
2 15 6. The division may enter into written agreements
2 16 with deliverable fuel vendors to implement the
2 17 provisions of this section and such other terms as
2 18 the parties agree. The parties may agree to terms
2 19 different than those provided in this section, in which
2 20 case the terms of the written agreement shall supersede
2 21 this section.
2 22 7. For the purposes of this section, unless the
2 23 context otherwise requires:
2 24 a. "Customer" means an existing customer or a
2 25 prospective customer who, subject to satisfying
2 26 safety requirements and other usual requirements
2 27 of the vendor, applies to become a customer of a
2 28 deliverable fuel vendor and who has qualified for the
2 29 program for the purchase and delivery of deliverable
2 30 fuel. A prospective customer shall agree to a payment
2 31 arrangement as a part of their application.
2 32 b. "Deliverable fuel" means propane or any other
2 33 heating fuel sold and delivered in this state for home
2 34 heating purposes except for electricity or natural gas
2 35 sold by a public utility furnishing natural gas by
2 36 piped distribution system or electricity to the public
2 37 for compensation pursuant to chapter 476.
2 38 c. "Deliverable fuel vendor" means a retail propane
2 39 marketer or marketer of a deliverable fuel other than
2 40 propane that has agreed to participate in the program.
2 41 d. "Division" as used in this section means the
2 42 division of community action agencies of the department
2 43 of human rights, and shall include "community action
2 44 agency" when the context or function warrants.
2 45 e. "Payment" means payment with United States
2 46 currency, a cashier's check or money order issued by a
2 47 state or federally regulated financial institution, a
2 48 commitment by the division, or other form of payment
2 49 acceptable to the deliverable fuel vendor.
2 50 f. "Program" means the federal low=income home
3 1 energy assistance program.
3 2 g. "Propane" and "retail propane marketer" mean the
3 3 same as defined in section 101C.2.
3 4 Sec. 2. REPEAL. Section 101C.14, Code 2009, is
3 5 repealed.>
3 6 #2. Title page, by striking lines 2 and 3 and
3 7 inserting <under specified circumstances.>
REASONER of Union
SF2235.1961 (3) 83
rn/nh
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