1.1.................... moves to amend H.F. No. 2834, the second engrossment, as follows:
1.2Page 2, after line 17, insert:

1.3    "Sec. 2. [216B.0991] DEFINITIONS.
1.4    Subdivision 1. Scope. For the purposes of sections 325E.0271 to 325E.0276, the
1.5terms defined in this section have the meanings given them.
1.6    Subd. 2. Customer. "Customer" means a person who has an established relationship
1.7with a propane distributor and whose propane system meets the safety guidelines
1.8established by the propane distributor for residential heating service.
1.9    Subd. 3. LIHEAP. "LIHEAP" means the low-income home energy assistance
1.10program.
1.11    Subd. 4. Propane distributor. "Propane distributor" means a person who sells
1.12propane at retail to customers as their primary residential heat source; propane distributors
1.13are not public utilities.
1.14    Subd. 5. Residential heating service. "Residential heating service" means the
1.15provision of the primary source of heat for the interior of a residential structure.

1.16    Sec. 3. [216B.0992] PRICE AND FEE DISCLOSURE.
1.17A propane distributor must provide a document listing the current per-gallon price of
1.18propane and all additional charges, fees, and discounts that pertain to residential heating
1.19service. The document must be:
1.20(1) made available to the general public upon request; and
1.21(2) provided to new customers before residential heating service is initiated.

1.22    Sec. 4. [216B.0993] BUDGET PAYMENT PLAN.
1.23(a) A propane distributor who offers customers a budget payment plan must make that
1.24plan available to all customers, including those who participate in the LIHEAP program.
2.1(b) A budget payment plan must equalize a customer's estimated annual propane bill
2.2by dividing it into equal monthly payments. Any budget plan started after the propane
2.3distributor's traditional budget plan start date will be divided by the remaining months
2.4in the budget plan year. Any positive balance remaining at the end of a year may, at the
2.5customer's discretion, be provided to the customer as a cash payment or carried over as a
2.6credit on the customer's bill for the next year.
2.7(c) A propane distributor must notify a customer on a budget payment plan of a price
2.8or fee change that may affect the monthly amount due under the budget payment plan
2.9by more than 20 percent.
2.10(d) A propane distributor may alter or terminate the plan if a customer has failed to
2.11pay two monthly payments during the period of the budget payment plan. In lieu of the
2.12requirements of this section, the parties may enter into a mutually agreeable plan.

2.13    Sec. 5. [216B.0994] PROPANE PURCHASE CONTRACTS.
2.14A propane distributor is prohibited from adding any service, distribution,
2.15transportation, or similar fees to customer billings for those customers who have entered
2.16into a contract for prepurchasing or capitated pricing of propane for the period of the
2.17contract provided that:
2.18(1) the customer has met all obligations of that contract; and
2.19(2) the propane distributor can receive product from its contracted supply points and
2.20a force majeure has not been declared by the propane distributor's supplier.

2.21    Sec. 6. [216B.0997] TERMS OF SALE.
2.22    Subdivision 1. Cash sales. A propane distributor with an available supply of
2.23propane must not refuse to sell propane to a customer who:
2.24(1) pays the distributor's established price upon delivery in cash, by certified or
2.25cashier's check, or by commercial money order or its equivalent; or
2.26(2) receives energy assistance from LIHEAP or a governmental or private agency
2.27that has funds available to pay for a delivery.
2.28    Subd. 2. LIHEAP participation; delivery. (a) A propane distributor who accepts
2.29LIHEAP payments must, upon request, make available to its customers information
2.30regarding LIHEAP, including income eligibility and contact information for organizations
2.31accepting LIHEAP applications.
2.32(b) Between October 15 and April 1, in addition to regularly scheduled deliveries
2.33made by a propane distributor to a customer who receives LIHEAP assistance, and
2.34deliveries made at the customer's request, a propane distributor may make additional
3.1deliveries of propane to a customer who receives LIHEAP assistance as the propane
3.2distributor deems necessary.
3.3    Subd. 3. Emergency delivery fee. (a) A propane dealer may charge an additional
3.4delivery fee to a customer for an emergency delivery of propane.
3.5(b) For the purposes of this subdivision, "emergency delivery of propane" shall be
3.6defined in the service agreement between a propane distributor and a customer, but shall
3.7not apply to a request for delivery made by a customer seven or more days in advance
3.8of the requested date of delivery.
3.9(c) This subdivision applies to service agreements between a propane distributor and
3.10a customer that are entered into or renewed on or after the effective date of this act.
3.11    Subd. 4. Third-party credit disclosure. A propane distributor must not make
3.12known the names of past or present delinquent customers to other propane distributors,
3.13except in the course of a routine credit check performed when a prospective customer
3.14applies for credit privileges.
3.15    Subd. 5. Security deposits. During the heating season, a propane distributor may
3.16not require the customer to pay a security deposit as a condition of service. At all other
3.17times, a security deposit may not exceed $200."
3.18Page 9, after line 25, insert:

3.19    "Sec. 12. Minnesota Statutes 2012, section 239.051, subdivision 29, is amended to read:
3.20    Subd. 29. Refinery, terminal. "Refinery" or "terminal" means a petroleum refinery,
3.21pipeline terminal, river terminal, storage facility, or other point of origin where liquefied
3.22petroleum gas or petroleum products are manufactured, or imported by rail, truck, barge, or
3.23pipe; and held, stored, transferred, offered for distribution, distributed, offered for sale, or
3.24sold. For the purpose of restricting petroleum product blending, this definition includes all
3.25refineries and terminals within and outside of Minnesota, but does not include a licensed
3.26distributor's bulk storage facility that is used to store petroleum products for which the
3.27petroleum inspection fee charged under this chapter is either not due or has been paid.

3.28    Sec. 13. Minnesota Statutes 2012, section 239.785, is amended by adding a subdivision
3.29to read:
3.30    Subd. 7. Notification of product unavailability; terminal operators. A person
3.31who operates a terminal where liquefied petroleum gas is loaded into transport trucks for
3.32subsequent distribution shall notify the commissioner within 24 hours when liquefied
3.33petroleum gas is physically not available for sale to licensed distributors.

3.34    Sec. 14. Minnesota Statutes 2012, section 325E.027, is amended to read:
4.1325E.027 DISCRIMINATION PROHIBITION.
4.2    (a) No dealer or distributor of liquid propane gas or number 1 or number 2 fuel oil
4.3who has signed a low-income home energy assistance program vendor agreement with the
4.4Department of Commerce may refuse to deliver liquid propane gas or number 1 or number
4.52 fuel oil to any person located within the dealer's or distributor's normal delivery area
4.6who receives direct grants under the low-income home energy assistance program if:
4.7    (1) the person has requested delivery;
4.8    (2) the dealer or distributor has product available;
4.9    (3) the person requesting delivery is capable of making full payment at the time of
4.10delivery; and
4.11    (4) the person is not in arrears regarding any previous fuel purchase from that dealer
4.12or distributor.
4.13    (b) A dealer or distributor making delivery to a person receiving direct grants
4.14under the low-income home energy assistance program may not charge that person any
4.15additional costs or fees that would not be charged to any other customer and must make
4.16available to that person any discount program on the same basis as the dealer or distributor
4.17makes available to any other customer.
4.18(c) The commissioner of commerce may enforce this section using any of the
4.19authority granted to the commissioner under section 45.027."
4.20Renumber the sections in sequence and correct the internal references
4.21Amend the title accordingly