Senate Amendment 5101
PAG LIN
1 1 Amend Senate File 2235 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 documents that they are able to
1 12 make a cash payment in an amount corresponding to
1 13 the current statewide average delivery order price
1 14 per gallon for the deliverable fuel, as determined by
1 15 the office of energy independence, multiplied by two
1 16 hundred fifty.
1 17 b. The customer is certified as eligible for the
1 18 federal low=income home energy assistance program.
1 19 2. A deliverable fuel vendor is not prohibited from
1 20 withholding the sale or delivery of deliverable fuel
1 21 to a customer who is certified as eligible for the
1 22 federal low=income home energy assistance program and
1 23 has received the maximum amount of annual assistance
1 24 pursuant to the program, and who cannot otherwise
1 25 document the ability to make a cash payment for
1 26 deliverable fuel pursuant to subsection 1, paragraph
1 27 "a".
1 28 3. A deliverable fuel vendor providing deliverable
1 29 fuel to a customer described in subsection 1, paragraph
1 30 "a", may apply the customer's cash payment as follows:
1 31 a. Seventy=five percent toward the current
1 32 deliverable fuel sale or delivery.
1 33 b. Twenty=five percent toward any unpaid balance.
1 34 4. a. A customer shall be responsible for the
1 35 reasonable cost of system safety checks conducted
1 36 by a deliverable fuel vendor, unless the customer
1 37 is certified as eligible for the federal low=income
1 38 home energy assistance program and the cost is paid
1 39 for with program funds. System safety check payments
1 40 shall be in addition to, and shall not reduce, the
1 41 cash payment otherwise available for deliverable fuel
1 42 sale or delivery pursuant to subsection 1, paragraph
1 43 "a". A deliverable fuel vendor of propane conducting a
1 44 system safety check shall inform customers certified
1 45 as eligible for the low=income home energy assistance
1 46 program of the existence of programs and projects
1 47 developed by the Iowa propane education and research
1 48 council to provide assistance to persons certified as
1 49 eligible for the program, if applicable based upon the
1 50 results of the safety check. A deliverable fuel vendor
2 1 shall not be required to make or complete a delivery
2 2 of deliverable fuel if a system safety check reveals
2 3 mechanical problems or defects with the system which
2 4 constitute a safety hazard or concern.
2 5 b. A customer shall be responsible for the
2 6 reasonable cost of delivering the deliverable fuel to
2 7 the customer, as determined by the deliverable fuel
2 8 vendor, unless the customer is certified as eligible
2 9 for the federal low=income home energy assistance
2 10 program and the cost is paid for with program funds.
2 11 Delivery fees or charges shall be in addition to, and
2 12 shall not reduce, the cash payment otherwise available
2 13 for deliverable fuel sale or delivery pursuant to
2 14 subsection 1, paragraph "a".
2 15 5. The division shall adopt rules specifying
2 16 procedures to implement the requirements of this
2 17 section.
2 18 6. A violation of this section is an unlawful
2 19 practice pursuant to section 714.16 and a prohibited
2 20 practice pursuant to chapter 714H.
2 21 7. For the purposes of this section, unless the
2 22 context otherwise requires:
2 23 a. "Customer" means an existing customer of a
2 24 deliverable fuel vendor or a prospective customer
2 25 who submits an application or otherwise applies for
2 26 the purchase or delivery of deliverable fuel from a
2 27 deliverable fuel vendor serving the general geographic
2 28 area or vicinity where the fuel will be delivered.
2 29 b. "Deliverable fuel" means propane or any other
2 30 heating fuel sold or delivered in this state for home
2 31 heating purposes.
2 32 c. "Deliverable fuel vendor" means a retail propane
2 33 marketer or a retail dispenser or marketer of a
2 34 deliverable fuel other than propane.
2 35 d. "Propane" and "retail propane marketer" mean the
2 36 same as defined in section 101C.2.>
2 37 #2. Title page, line 2, after <circumstances,> by
2 38 inserting <providing penalties,>
2 39 #3. By renumbering as necessary.
STEVEN SODDERS
SF2235.1322 (2) 83
rn/nh
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