1.1.................... moves to amend the H2834A25 amendment to H.F. No. 2834, the
1.2second engrossment, as follows:
1.3Page 1, after line 4, insert:
1.4"Page 2, after line 17, insert:

1.5    Sec. 2. [216B.0991] DEFINITIONS.
1.6    Subdivision 1. Scope. For the purposes of sections 325E.0271 to 325E.0276, the
1.7terms defined in this section have the meanings given them.
1.8    Subd. 2. Customer. "Customer" means a person who has an established relationship
1.9with a propane distributor and whose propane system meets the safety guidelines
1.10established by the propane distributor for residential heating service.
1.11    Subd. 3. LIHEAP. "LIHEAP" means the low-income home energy assistance
1.12program.
1.13    Subd. 4. Propane distributor. "Propane distributor" means a person who sells
1.14propane at retail to customers as their primary residential heat source; propane distributors
1.15are not public utilities.
1.16    Subd. 5. Residential heating service. "Residential heating service" means the
1.17provision of the primary source of heat for the interior of a residential structure.

1.18    Sec. 3. [216B.0992] PRICE AND FEE DISCLOSURE.
1.19A propane distributor must provide a document listing the current per-gallon price of
1.20propane and all additional charges, fees, and discounts that pertain to residential heating
1.21service. The document must be:
1.22(1) made available to the general public upon request; and
1.23(2) provided to new customers before residential heating service is initiated.

1.24    Sec. 4. [216B.0993] BUDGET PAYMENT PLAN.
2.1(a) A propane distributor who offers customers a budget payment plan must make
2.2that same plan available to all customers, including those who participate in the LIHEAP
2.3program.
2.4(b) A budget payment plan must equalize a customer's estimated annual propane bill
2.5by dividing it into equal monthly payments. Any budget plan started after the propane
2.6distributor's traditional budget plan start date will be divided by the remaining months
2.7in the budget plan year. Any positive balance remaining at the end of a year may, at the
2.8customer's discretion, be provided to the customer as a cash payment or carried over as a
2.9credit on the customer's bill for the next year.
2.10(c) A propane distributor must notify a customer on a budget payment plan of a price
2.11or fee change that may affect the monthly amount due under the budget payment plan
2.12by more than 20 percent.
2.13(d) A propane distributor may alter or terminate the plan if a customer has failed to
2.14pay two monthly payments during the period of the budget payment plan. In lieu of the
2.15requirements of this section, the parties may enter into a mutually agreeable plan.

2.16    Sec. 5. [216B.0994] PROPANE PURCHASE CONTRACTS.
2.17A propane distributor is prohibited from adding any service, distribution,
2.18transportation, or similar fees to customer billings for those customers who have entered
2.19into a contract for prepurchasing or capitated pricing of propane for the period of the
2.20contract provided that:
2.21(1) the customer has met all obligations of that contract; and
2.22(2) the propane distributor can receive product from its contracted supply points and
2.23a force majeure has not been declared by the propane distributor's supplier.

2.24    Sec. 6. [216B.0997] TERMS OF SALE.
2.25    Subdivision 1. Cash sales. A propane distributor with an available supply of
2.26propane must not refuse to sell propane to a customer who:
2.27(1) pays the distributor's established price upon delivery in cash, by certified or
2.28cashier's check, or by commercial money order or its equivalent; or
2.29(2) receives energy assistance from LIHEAP or a governmental or private agency
2.30that has funds available to pay for a delivery.
2.31    Subd. 2. LIHEAP participation; delivery. A propane distributor who accepts
2.32LIHEAP payments must, upon request, make available to its customers information
2.33regarding LIHEAP, including income eligibility and contact information for organizations
2.34accepting LIHEAP applications.
3.1    Subd. 3. Third-party credit disclosure. A propane distributor must not make
3.2known the names of past or present delinquent customers to other propane distributors,
3.3except in the course of a routine credit check performed when a prospective customer
3.4applies for credit privileges."
3.5Page 1, after line 16, insert:
3.6"Page 9, after line 25, insert:

3.7    Sec. 12. Minnesota Statutes 2012, section 239.051, subdivision 29, is amended to read:
3.8    Subd. 29. Refinery, terminal. "Refinery" or "terminal" means a petroleum refinery,
3.9pipeline terminal, river terminal, storage facility, or other point of origin where liquefied
3.10petroleum gas or petroleum products are manufactured, or imported by rail, truck, barge, or
3.11pipe; and held, stored, transferred, offered for distribution, distributed, offered for sale, or
3.12sold. For the purpose of restricting petroleum product blending, this definition includes all
3.13refineries and terminals within and outside of Minnesota, but does not include a licensed
3.14distributor's bulk storage facility that is used to store petroleum products for which the
3.15petroleum inspection fee charged under this chapter is either not due or has been paid.

3.16    Sec. 13. Minnesota Statutes 2012, section 239.785, is amended by adding a subdivision
3.17to read:
3.18    Subd. 7. Notification of product unavailability; terminal operators. A person
3.19who operates a terminal where liquefied petroleum gas is loaded into transport trucks for
3.20subsequent distribution shall notify the commissioner within 24 hours when liquefied
3.21petroleum gas is physically not available for sale to licensed distributors.

3.22    Sec. 14. Minnesota Statutes 2012, section 325E.027, is amended to read:
3.23325E.027 DISCRIMINATION PROHIBITION.
3.24    (a) No dealer or distributor of liquid propane gas or number 1 or number 2 fuel oil
3.25who has signed a low-income home energy assistance program vendor agreement with the
3.26Department of Commerce may refuse to deliver liquid propane gas or number 1 or number
3.272 fuel oil to any person located within the dealer's or distributor's normal delivery area
3.28who receives direct grants under the low-income home energy assistance program if:
3.29    (1) the person has requested delivery;
3.30    (2) the dealer or distributor has product available;
3.31    (3) the person requesting delivery is capable of making full payment at the time of
3.32delivery; and
3.33    (4) the person is not in arrears regarding any previous fuel purchase from that dealer
3.34or distributor.
4.1    (b) A dealer or distributor making delivery to a person receiving direct grants
4.2under the low-income home energy assistance program may not charge that person any
4.3additional costs or fees that would not be charged to any other customer and must make
4.4available to that person any discount program on the same basis as the dealer or distributor
4.5makes available to any other customer.
4.6(c) The commissioner of commerce may enforce this section using any of the
4.7authority granted to the commissioner under section 45.027."