Senate Amendment 5116
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 makes a prepaid cash payment in
1 12 an amount corresponding to the current statewide
1 13 average delivery order price per gallon for the
1 14 deliverable fuel, as determined by the office of energy
1 15 independence, multiplied by two hundred fifty.
1 16 b. The customer is certified as eligible for the
1 17 federal low=income home energy assistance program.
1 18 2. A deliverable fuel vendor is not prohibited
1 19 from withholding the sale or delivery of deliverable
1 20 fuel to a customer who is certified as eligible
1 21 for the federal low=income home energy assistance
1 22 program and has received the maximum amount of annual
1 23 assistance pursuant to the program, or who cannot make
1 24 a prepaid cash payment for deliverable fuel pursuant to
1 25 subsection 1, paragraph "a".
1 26 3. A deliverable fuel vendor providing deliverable
1 27 fuel to a customer described in subsection 1, paragraph
1 28 "a", may apply up to twenty=five percent of the
1 29 cash payment toward any unpaid balance owed to the
1 30 deliverable fuel vendor.
1 31 4. a. A customer shall be responsible for the
1 32 reasonable cost of system safety checks conducted
1 33 by a deliverable fuel vendor, unless the customer
1 34 is certified as eligible for the federal low=income
1 35 home energy assistance program and the cost is paid
1 36 for with program funds. System safety check payments
1 37 shall be in addition to, and shall not reduce, the
1 38 cash payment otherwise available for deliverable fuel
1 39 sale or delivery pursuant to subsection 1, paragraph
1 40 "a". A deliverable fuel vendor of propane conducting a
1 41 system safety check shall inform customers certified
1 42 as eligible for the low=income home energy assistance
1 43 program of the existence of programs and projects
1 44 developed by the Iowa propane education and research
1 45 council to provide assistance to persons certified as
1 46 eligible for the program, if applicable based upon the
1 47 results of the safety check. A deliverable fuel vendor
1 48 shall not be required to make or complete a delivery
1 49 of deliverable fuel if a system safety check reveals
1 50 mechanical problems or defects with the system which
2 1 constitute a safety hazard or concern.
2 2 b. A customer shall be responsible for the
2 3 reasonable cost of delivering the deliverable fuel to
2 4 the customer, as determined by the deliverable fuel
2 5 vendor, unless the customer is certified as eligible
2 6 for the federal low=income home energy assistance
2 7 program and the cost is paid for with program funds.
2 8 Delivery fees or charges shall be in addition to, and
2 9 shall not reduce, the cash payment otherwise available
2 10 for the deliverable fuel sale or delivery pursuant to
2 11 subsection 1, paragraph "a".
2 12 5. A violation of this section is an unlawful
2 13 practice pursuant to section 714.16 and a prohibited
2 14 practice pursuant to chapter 714H.
2 15 6. For the purposes of this section, unless the
2 16 context otherwise requires:
2 17 a. "Customer" means an existing customer of a
2 18 deliverable fuel vendor or a prospective customer
2 19 who submits an application or otherwise applies for
2 20 the purchase or delivery of deliverable fuel from a
2 21 deliverable fuel vendor serving the general geographic
2 22 area or vicinity where the fuel will be delivered.
2 23 b. "Deliverable fuel" means propane or any other
2 24 heating fuel sold or delivered in this state for home
2 25 heating purposes.
2 26 c. "Deliverable fuel vendor" means a retail propane
2 27 marketer or a retail dispenser or marketer of a
2 28 deliverable fuel other than propane.
2 29 d. "Propane" and "retail propane marketer" mean the
2 30 same as defined in section 101C.2.>
2 31 #2. Title page, line 2, after <circumstances,> by
2 32 inserting <providing penalties,>
2 33 #3. By renumbering as necessary.
STEVEN SODDERS
SF2235.1397 (2) 83
rn/nh
-1-