HF 2166 (LSB 5862YH (3) 83)

HOUSE FILE 2166

BY  REICHERT

A BILL FOR

An Act requiring provision of deliverable fuels to customers under specified circumstances, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  216A.105  Deliverable fuels —— mandatory delivery —— qualifications.
   1.  A deliverable fuel vendor engaged in the business of providing deliverable fuel to customers in this state shall not withhold the sale or delivery of deliverable fuel to a customer between November 1 and April 1 annually if either of the following apply:
   a.  The customer documents that they are able to make a cash payment for deliverable fuel of five hundred dollars.
   b.  The customer is eligible for the federal low-income home energy assistance program.
   2.  A deliverable fuel vendor providing deliverable fuel to a customer described in subsection 1, paragraph “a”, may apply the customer’s cash payment as follows:
   a.  Seventy-five percent toward the current deliverable fuel sale or delivery.
   b.  Twenty-five percent toward any unpaid balance.
   3.  The division shall adopt rules governing contracts and agreements with deliverable fuel vendors pursuant to this section in order to protect the rights of persons who heat their homes with deliverable fuels.
   4.  For the purposes of this section, unless the context otherwise requires:
   a.  “Deliverable fuel” means propane or any other heating fuel sold or delivered in this state for home heating purposes.
   b.  “Deliverable fuel vendor” means a retail propane dispenser, retail propane marketer, or a retail dispenser or marketer of a deliverable fuel other than propane.
   c.  “Propane”, “retail propane dispenser”, and “retail propane marketer” mean the same as defined in section 101C.2.
    Sec. 2.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
   This bill prohibits a deliverable fuel vendor from withholding the sale or delivery of deliverable fuel to a customer between November 1 and April 1 annually if the customer meets one of two alternative criteria.
   One criteria qualifies customers for delivery if they are eligible for the federal low-income home energy assistance program.
   The second criteria qualifies customers who can document that they are able to make a cash payment for deliverable fuel of $500. The bill provides that in the event an unpaid balance by the customer exists, 75 percent of this cash payment may be allocated by the deliverable fuel vendor toward the current deliverable fuel sale or delivery, and that 25 percent may be allocated toward the unpaid balance. 
   The bill directs the division of community action agencies of the department of human rights to adopt rules governing contracts and agreements with deliverable fuel vendors in order to protect the rights of persons who heat their homes with deliverable fuels. Definitions of “deliverable fuel”, “deliverable fuel vendor”, and “propane” are supplied.
   The bill takes effect upon enactment.