HF 2103

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to energy; establishing cold weather 
  1.3             protection for consumers of delivered fuels; proposing 
  1.4             coding for new law in Minnesota Statutes, chapter 216B.
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [216B.098] [COLD WEATHER PROTECTION FOR 
  1.7   CONSUMERS OF DELIVERED FUELS.] 
  1.8      (a) For the purposes of this section: 
  1.9      (1) "customer" means a residential customer heating the 
  1.10  residence with heating fuels; 
  1.11     (2) "heating fuels" means (i) liquid propane gas, (ii) 
  1.12  number one fuel oil, and (iii) number two fuel oil; 
  1.13     (3) "vendor" means a dealer or distributor of heating 
  1.14  fuels; and 
  1.15     (4) "cold weather period" means the period between October 
  1.16  15 of one year until April 15 of the next. 
  1.17     (b) Cold weather protection is established for customers 
  1.18  heating with heating fuels.  On or before October 15 of each 
  1.19  year, each vendor shall offer a monthly payment agreement for 
  1.20  customers unable to pay for the full cost of delivery for 
  1.21  heating fuels.  Any past due bills prior to October 15 shall be 
  1.22  included in the payment agreements.  Payment agreements may 
  1.23  require customers to pay ten percent of the customer's monthly 
  1.24  income or may be another amount mutually agreeable to the vendor 
  1.25  and to the customer.  Payment agreements must consider the 
  2.1   customer's financial circumstances. 
  2.2      (c) During the cold weather period, each vendor shall 
  2.3   continue to deliver to its customers at least 150 gallons or the 
  2.4   amount of fuel required for 15 days of adequate home heating 
  2.5   based on the households' historic consumption levels.  All 
  2.6   subsequent heating fuel deliveries during the cold weather 
  2.7   period must be added to current payment plans and spread out 
  2.8   over the remaining months of the cold weather period.  Vendors 
  2.9   are prohibited from charging additional fees for the delivery of 
  2.10  minimal amounts of fuel during the cold weather period.  Each 
  2.11  vendor shall make every attempt to: 
  2.12     (1) place these customers on budget billing plans; and 
  2.13     (2) structure all payment arrangements to ensure continuous 
  2.14  heating service. 
  2.15     (d) A vendor shall continue to make fuel deliveries to 
  2.16  households who make regular payments.  Once a reasonable payment 
  2.17  plan is established, a vendor may refuse to deliver home heating 
  2.18  fuel only if a household fails to pay two consecutive monthly 
  2.19  payments.  If, after a reasonable payment agreement has been 
  2.20  established, a customer fails to pay two consecutive monthly 
  2.21  payment agreement installments, a vendor may refuse to deliver 
  2.22  heating fuel.  Prior to a refusal to deliver, a vendor shall 
  2.23  provide: 
  2.24     (1) a copy of the refusal to deliver notice to the occupant 
  2.25  of the affected dwelling; 
  2.26     (2) notice that the customer's account is delinquent; 
  2.27     (3) a statement of the amount of the delinquency; 
  2.28     (4) notice that service will be refused unless the 
  2.29  delinquency is paid in full by a specified date; and 
  2.30     (5) the name, address, and telephone numbers of 
  2.31  governmental and private agencies that may provide assistance to 
  2.32  consumers in paying their heating bills.