Senate File 2235 - Reprinted SENATE FILE 2235 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO SF 2125) (As Amended and Passed by the Senate February 23, 2010 ) A BILL FOR An Act requiring provision of deliverable fuels to customers 1 under specified circumstances, providing penalties, and 2 including effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 SF 2235 (5) 83 rn/nh

S.F. 2235 Section 1. NEW SECTION . 216A.105 Deliverable fuels —— 1 mandatory delivery —— penalties and remedies. 2 1. A deliverable fuel vendor engaged in the business of 3 providing deliverable fuel to customers in this state shall 4 not withhold the sale or delivery of deliverable fuel to a 5 customer from November 1 through April 1 annually if either of 6 the following apply: 7 a. The customer makes a prepaid cash payment in an amount 8 corresponding to the vendor’s stated cash price of that day for 9 two hundred fifty gallons of deliverable fuel. 10 b. The customer is certified as eligible for the federal 11 low-income home energy assistance program. 12 2. A deliverable fuel vendor is not prohibited from 13 withholding the sale or delivery of deliverable fuel to 14 a customer who is certified as eligible for the federal 15 low-income home energy assistance program and has received the 16 maximum amount of annual assistance pursuant to the program, 17 or who cannot make a prepaid cash payment for deliverable fuel 18 pursuant to subsection 1, paragraph “a” . 19 3. A deliverable fuel vendor providing deliverable fuel to 20 a customer described in subsection 1, paragraph “a” , may apply 21 up to twenty-five percent of the cash payment toward any unpaid 22 balance owed to the deliverable fuel vendor. In the event that 23 a payment arrangement is entered into between a deliverable 24 fuel vendor and a customer described in subsection 1, paragraph 25 “a” , and the customer misses three payments pursuant to the 26 arrangement within a one-year period or within the time 27 period during which the arrangement is in effect, the vendor 28 may require payment of all past due payments in full before 29 making a delivery pursuant to this section. In the event that 30 an unpaid balance is owed by a customer who is certified as 31 eligible for the federal low-income home energy assistance 32 program, the division shall offer assistance in facilitating 33 a payment arrangement. 34 4. a. A customer shall be responsible for the reasonable 35 -1- SF 2235 (5) 83 rn/nh 1/ 3

S.F. 2235 cost of system safety checks conducted by a deliverable fuel 1 vendor, unless the customer is certified as eligible for the 2 federal low-income home energy assistance program and the cost 3 is paid for with program funds. System safety check payments 4 shall be in addition to, and shall not reduce, the cash payment 5 otherwise available for deliverable fuel sale or delivery 6 pursuant to subsection 1, paragraph “a” . A deliverable fuel 7 vendor of propane conducting a system safety check shall inform 8 customers certified as eligible for the low-income home energy 9 assistance program of the existence of programs and projects 10 developed by the Iowa propane education and research council 11 to provide assistance to persons certified as eligible for the 12 program, if applicable based upon the results of the safety 13 check. A deliverable fuel vendor shall not be required to make 14 or complete a delivery of deliverable fuel if a system safety 15 check reveals mechanical problems or defects with the system 16 which constitute a safety hazard or concern. 17 b. A customer shall be responsible for the reasonable 18 cost of delivering the deliverable fuel to the customer, as 19 determined by the deliverable fuel vendor, unless the customer 20 is certified as eligible for the federal low-income home energy 21 assistance program and the cost is paid for with program 22 funds. Delivery fees or charges shall be in addition to, and 23 shall not reduce, the cash payment otherwise available for the 24 deliverable fuel sale or delivery pursuant to subsection 1, 25 paragraph “a” . 26 5. A violation of this section is an unlawful practice 27 pursuant to section 714.16 and a prohibited practice pursuant 28 to chapter 714H. 29 6. For the purposes of this section, unless the context 30 otherwise requires: 31 a. “Customer” means an existing customer of a deliverable 32 fuel vendor or a prospective customer who submits an 33 application or otherwise applies for the purchase or delivery 34 of deliverable fuel from a deliverable fuel vendor serving the 35 -2- SF 2235 (5) 83 rn/nh 2/ 3

S.F. 2235 general geographic area or vicinity where the fuel will be 1 delivered. 2 b. “Deliverable fuel” means propane or any other heating 3 fuel sold or delivered in this state for home heating purposes. 4 c. “Deliverable fuel vendor” means a retail propane marketer 5 or a retail dispenser or marketer of a deliverable fuel other 6 than propane for home heating purposes. 7 d. “Propane” and “retail propane marketer” mean the same as 8 defined in section 101C.2. 9 -3- SF 2235 (5) 83 rn/nh 3/ 3