HF 739

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to energy; establishing cold weather
protection for consumers of delivered fuels; proposing
coding for new law in Minnesota Statutes, chapter 216B.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [216B.099] COLD WEATHER PROTECTION FOR
CONSUMERS OF DELIVERED FUELS.
new text end

new text begin (a) For the purposes of this section:
new text end

new text begin (1) "customer" means a residential customer heating the
residence with heating fuels;
new text end

new text begin (2) "heating fuels" means (i) liquid propane gas, (ii)
number one fuel oil, and (iii) number two fuel oil;
new text end

new text begin (3) "vendor" means a dealer or distributor of heating
fuels; and
new text end

new text begin (4) "cold weather period" means the period between October
15 of one year until April 15 of the next.
new text end

new text begin (b) Cold weather protection is established for customers
heating with heating fuels. On or before October 15 of each
year, each vendor shall offer a monthly payment agreement for
customers unable to pay for the full cost of delivery for
heating fuels. Any past due bills prior to October 15 shall be
included in the payment agreements. Payment agreements may
require customers to pay ten percent of the customer's monthly
income or may be another amount mutually agreeable to the vendor
and to the customer. Payment agreements must consider the
customer's financial circumstances.
new text end

new text begin (c) During the cold weather period, each vendor shall
continue to deliver to its customers at least 150 gallons or the
amount of fuel required for 15 days of adequate home heating
based on the households' historic consumption levels. All
subsequent heating fuel deliveries during the cold weather
period must be added to current payment plans and spread out
over the remaining months of the cold weather period. Vendors
are prohibited from charging additional fees for the delivery of
minimal amounts of fuel during the cold weather period. Each
vendor shall make every attempt to:
new text end

new text begin (1) place these customers on budget billing plans; and
new text end

new text begin (2) structure all payment arrangements to ensure continuous
heating service.
new text end

new text begin (d) A vendor shall continue to make fuel deliveries to
households who make regular payments. Once a reasonable payment
plan is established, a vendor may refuse to deliver home heating
fuel only if a household fails to pay two consecutive monthly
payments. If, after a reasonable payment agreement has been
established, a customer fails to pay two consecutive monthly
payment agreement installments, a vendor may refuse to deliver
heating fuel. Prior to a refusal to deliver, a vendor shall
provide:
new text end

new text begin (1) a copy of the refusal to deliver notice to the occupant
of the affected dwelling;
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new text begin (2) notice that the customer's account is delinquent;
new text end

new text begin (3) a statement of the amount of the delinquency;
new text end

new text begin (4) notice that service will be refused unless the
delinquency is paid in full by a specified date; and
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new text begin (5) the name, address, and telephone numbers of
governmental and private agencies that may provide assistance to
consumers in paying their heating bills.
new text end