S 949 ISCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

S. 949CommentsClose CommentsPermalink

To amend the National Oilheat Research Alliance Act of 2000 to reauthorize and improve that Act, and for other purposes.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

May 11, 2011CommentsClose CommentsPermalink

Mrs. SHAHEEN (for herself, Ms. SNOWE, Mr. REED, Mr. BURR, and Mr. SANDERS) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To amend the National Oilheat Research Alliance Act of 2000 to reauthorize and improve that Act, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘National Oilheat Reauthorization Act of 2011’.CommentsClose CommentsPermalink

SEC. 2. RENAMING OF NATIONAL OILHEAT RESEARCH ALLIANCE ACT OF 2000.

Section 701 of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is amended by striking ‘National Oilheat Research Alliance Act of 2000’ and inserting ‘National Oilheat Research, Consumer Education, and Efficiency Act of 2011’.CommentsClose CommentsPermalink

SEC. 3. DEFINITION OF OILHEAT FUEL.

Section 703 of the National Oilheat Research, Consumer Education, and Efficiency Act of 2011 (42 U.S.C. 6201 note; Public Law 106-469) is amended--CommentsClose CommentsPermalink





(1) by redesignating paragraphs (3) through (7) and (8) through (15) as paragraphs (4) through (8) and (10) through (17), respectively;CommentsClose CommentsPermalink





(2) by inserting after paragraph (2) the following:CommentsClose CommentsPermalink





‘(3) COST-EFFECTIVE- The term ‘cost-effective’, with respect to a program or activity conducted as part of the heating oil efficiency and upgrade program under section 707(f)(3), means that the program or activity meets a total resource cost test under which--CommentsClose CommentsPermalink





‘(A) the net present value of economic benefits over the life of the program or activity, including avoided supply and delivery costs and deferred or avoided investments; is greater thanCommentsClose CommentsPermalink





‘(B) the net present value of the economic costs over the life of the program or activity, including program costs and incremental costs borne by the energy consumer.’; andCommentsClose CommentsPermalink





(3) by inserting after paragraph (8) (as so redesignated) the following:CommentsClose CommentsPermalink





‘(9) OILHEAT FUEL- The term ‘oilheat fuel’ means fuel that--CommentsClose CommentsPermalink





‘(A) is--CommentsClose CommentsPermalink





‘(i) No. 1 distillate;CommentsClose CommentsPermalink





‘(ii) No. 2 dyed distillate;CommentsClose CommentsPermalink





‘(iii) a liquid blended with No. 1 distillate or No. 2 dyed distillate; orCommentsClose CommentsPermalink





‘(iv) a biobased liquid; andCommentsClose CommentsPermalink





‘(B) is used as a fuel for nonindustrial commercial or residential space or hot water heating.’.CommentsClose CommentsPermalink

SEC. 4. MEMBERSHIP.

(a) Selection- Section 705 of the National Oilheat Research, Consumer Education, and Efficiency Act of 2011 (42 U.S.C. 6201 note; Public Law 106-469) is amended by striking subsection (a) and inserting the following:CommentsClose CommentsPermalink





‘(a) Selection-CommentsClose CommentsPermalink





‘(1) LIST-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Alliance shall provide to the Secretary a list of qualified nominees for membership in the Alliance.CommentsClose CommentsPermalink





‘(B) REQUIREMENT- Except as provided in subsection (c)(1)(C), members of the Alliance shall be representatives of the oilheat industry in a State, selected from a list of nominees submitted by the qualified State association in the State.CommentsClose CommentsPermalink





‘(2) VACANCIES- A vacancy in the Alliance shall be filled in the same manner as the original selection.CommentsClose CommentsPermalink





‘(3) SECRETARIAL ACTION-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Secretary shall have 60 days to review nominees provided under paragraph (1).CommentsClose CommentsPermalink





‘(B) FAILURE TO ACT- If the Secretary takes no action during the 60-day period described in subparagraph (A), the nominees shall be considered to be members of the Alliance.’.CommentsClose CommentsPermalink





(b) Representation- Section 705(b) of the National Oilheat Research, Consumer Education, and Efficiency Act of 2011 (42 U.S.C. 6201 note; Public Law 106-469) is amended in the matter preceding paragraph (1) by striking ‘qualified industry organization’ and inserting ‘the Alliance’.CommentsClose CommentsPermalink





(c) Number of Members- Section 705(c) of the National Oilheat Research, Consumer Education, and Efficiency Act of 2011 (42 U.S.C. 6201 note; Public Law 106-469) is amended--CommentsClose CommentsPermalink





(1) by striking paragraph (1) and inserting the following:CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Alliance shall be composed of the following members:CommentsClose CommentsPermalink





‘(A) One member representing each State participating in the Alliance.CommentsClose CommentsPermalink





‘(B) Five representatives of retail marketers, of whom one shall be selected by each of the qualified State associations of the 5 States with the highest volume of annual oilheat fuel sales.CommentsClose CommentsPermalink





‘(C) Five additional representatives of retail marketers.CommentsClose CommentsPermalink





‘(D) Twenty-one representatives of wholesale distributors.CommentsClose CommentsPermalink





‘(E) Six public members, who shall be representatives of significant users of oilheat fuel, the oilheat fuel research community, State energy officials, or other groups with expertise in oilheat fuel, including consumer and low-income advocacy groups.’; andCommentsClose CommentsPermalink





(2) in paragraph 2, by striking ‘the qualified industry organization or’.CommentsClose CommentsPermalink

SEC. 5. BIENNIAL BUDGETS.

Section 706(e) of the National Oilheat Research, Consumer Education, and Efficiency Act of 2011 (42 U.S.C. 6201 note; Public Law 106-469) is amended--CommentsClose CommentsPermalink





(1) by striking paragraph (1) and inserting the following:CommentsClose CommentsPermalink





‘(1) PUBLICATION OF PROPOSED BUDGET- Not later than August 1, 2011, and every 2 years thereafter, the Alliance shall, in consultation with the Secretary, develop and publish for public review and comment a proposed biennial budget for the next 2 calendar years, including the probable operating and planning costs of all programs, projects, and contracts and other agreements.’; andCommentsClose CommentsPermalink





(2) by striking paragraph (4) and inserting the following:CommentsClose CommentsPermalink





‘(4) IMPLEMENTATION-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Alliance shall not implement a proposed budget until the expiration of 60 days after submitting the proposed budget to the Secretary.CommentsClose CommentsPermalink





‘(B) RECOMMENDATIONS FOR CHANGES BY SECRETARY-CommentsClose CommentsPermalink





‘(i) IN GENERAL- The Secretary may recommend to the Alliance changes to the budget programs and activities of the Alliance that the Secretary considers appropriate.CommentsClose CommentsPermalink





‘(ii) RESPONSE BY ALLIANCE- Not later than 30 days after the receipt of any recommendations made under clause (i), the Alliance shall submit to the Secretary a final budget for the next 2 calendar years that incorporates or includes a description of the response of the Alliance to any changes recommended under clause (i).CommentsClose CommentsPermalink





‘(C) EFFECT OF DISAPPROVAL- If the Secretary disapproves a proposed budget of the Alliance, the Alliance shall operate under the terms and conditions of the previous budget.’.CommentsClose CommentsPermalink

SEC. 6. DATA COLLECTION SYSTEM.

(a) In General- Section 706(f)(1)(A) of the National Oilheat Research, Consumer Education, and Efficiency Act of 2011 (42 U.S.C. 6201 note; Public Law 106-469) is amended by inserting ‘(including, to the maximum extent practicable, a data collection process established, in collaboration with the Secretary, to track equipment, service, and related safety issues under this title)’ after ‘the Alliance’.CommentsClose CommentsPermalink





(b) Technical Amendment- Section 706(f)(2)(b) of the National Oilheat Research, Consumer Education, and Efficiency Act of 2011 (42 U.S.C. 6201 note; Public Law 106-469) is amended by striking ‘the members of the Alliance, and the qualified industry organization’ and inserting ‘and the members of the Alliance’.CommentsClose CommentsPermalink

SEC. 7. BIENNIAL REPORTS BY SECRETARY.

Section 706 of the National Oilheat Research, Consumer Education, and Efficiency Act of 2011 (42 U.S.C. 6201 note; Public Law 106-469) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(i) Biennial Reports by Secretary- Not later than April 30, 2013, and every 2 years thereafter, the Secretary shall submit to Congress a report containing--CommentsClose CommentsPermalink





‘(1) a description of activities of the Alliance relating to--CommentsClose CommentsPermalink





‘(A) research, development, and demonstration;CommentsClose CommentsPermalink





‘(B) consumer education, safety and training; andCommentsClose CommentsPermalink





‘(C) development of alternative fuels;CommentsClose CommentsPermalink





‘(2) an evaluation of the consumer savings, cost-effectiveness of, efficiency gains, and the lifetime and annual energy savings achieved by, energy efficiency programs carried out under this title; andCommentsClose CommentsPermalink





‘(3) recommendations for more effectively achieving consumer savings, cost-effectiveness, and lifetime and annual energy savings through efficiency programs for home heating oil for residential or commercial purposes, including an estimate of--CommentsClose CommentsPermalink





‘(A) the amount of investment required to implement all energy efficiency programs and heating system upgrades and modifications that are cost-effective;CommentsClose CommentsPermalink





‘(B) the total amount of funds that consumers will save from the investments; andCommentsClose CommentsPermalink





‘(C) the total number of jobs that will be created from the investments.’.CommentsClose CommentsPermalink

SEC. 8. PAYMENT OF ASSESSMENTS.

Section 707(b) of the National Oilheat Research, Consumer Education, and Efficiency Act of 2011 (42 U.S.C. 6201 note; Public Law 106-469) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(8) PROHIBITION ON PASS THROUGH- None of the assessments collected under this title may be passed through or otherwise required to be paid by the retail purchasers or ultimate consumers of oilheat.’.CommentsClose CommentsPermalink

SEC. 9. FUNDS MADE AVAILABLE TO QUALIFIED STATE ASSOCIATIONS.

Section 707(e)(2) of the National Oilheat Research, Consumer Education, and Efficiency Act of 2011 (42 U.S.C. 6201 note; Public Law 106-469) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(B) SEPARATE ACCOUNTS- As a condition of receipt of funds made available to a qualified State association under this Act, the qualified State association shall deposit the funds in an account that is separate from other funds of the qualified State association.’.CommentsClose CommentsPermalink

SEC. 10. USE OF ASSESSMENTS.

Section 707 of the National Oilheat Research, Consumer Education, and Efficiency Act of 2011 (42 U.S.C. 6201 note; Public Law 106-469) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(f) Use of Assessments-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Notwithstanding any other provision of this title, the Secretary and the Alliance shall ensure that assessments collected for each calendar year under this title are allocated and used in accordance with this subsection.CommentsClose CommentsPermalink





‘(2) RESEARCH, DEVELOPMENT, AND DEMONSTRATION-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Alliance shall ensure that not less than 40 percent of the assessments collected for each calendar year under this title are used by qualified State associations or the Alliance to conduct research, development, and demonstration activities relating to oilheat, including--CommentsClose CommentsPermalink





‘(i) the development of energy-efficient heating systems and biofuel heating oil blends; andCommentsClose CommentsPermalink





‘(ii) the transition and facilitation of the entry of energy efficient heating systems and biofuels into the marketplace.CommentsClose CommentsPermalink





‘(B) PRIORITIES- The Alliance shall coordinate with the Secretary to develop priorities for the use of assessments under this paragraph.CommentsClose CommentsPermalink





‘(C) PLAN- The Alliance shall develop a coordinated research plan to carry out research programs and activities under this section.CommentsClose CommentsPermalink





‘(D) DOCUMENTATION- The Alliance shall document activities conducted under this paragraph using a transparent process and procedures developed in coordination with the Secretary.CommentsClose CommentsPermalink





‘(3) HEATING OIL EFFICIENCY AND UPGRADE PROGRAM-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Alliance shall ensure that not less than 20 percent of the assessments collected for each calendar year under this title are used by qualified State associations or the Alliance to carry out programs to assist consumers--CommentsClose CommentsPermalink





‘(i) to make cost-effective upgrades to more fuel efficient heating oil systems or otherwise make cost-effective modifications to an existing heating system to improve the efficiency of the system; orCommentsClose CommentsPermalink





‘(ii) to improve energy efficiency or reduce energy consumption through cost-effective energy efficiency programs for consumers.CommentsClose CommentsPermalink





‘(B) PLAN- The Alliance shall--CommentsClose CommentsPermalink





‘(i) develop a coordinated heating oil efficiency and upgrade plan with States to carry out cost-effective efficiency programs and activities under this section;CommentsClose CommentsPermalink





‘(ii) to the maximum extent practicable, coordinate, develop, and implement the programs and activities of the Alliance in conjunction with existing State energy efficiency program administrators; andCommentsClose CommentsPermalink





‘(iii) submit the plan to the Secretary.CommentsClose CommentsPermalink





‘(C) ADMINISTRATION-CommentsClose CommentsPermalink





‘(i) IN GENERAL- In carrying out this paragraph, the Alliance shall, to the maximum extent practicable, ensure that heating system conversion assistance is coordinated with, and developed after consultation with, persons or organizations responsible for administering--CommentsClose CommentsPermalink





‘(I) the low-income home energy assistance program established under the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.);CommentsClose CommentsPermalink





‘(II) the Weatherization Assistance Program for Low-Income Persons established under part A of title IV of the Energy Conservation and Production Act (42 U.S.C. 6861 et seq.); orCommentsClose CommentsPermalink





‘(III) other energy efficiency programs administered by the State or other parties in the State.CommentsClose CommentsPermalink





‘(ii) DISTRIBUTION OF FUNDS- The Alliance shall ensure that funds distributed to carry out this paragraph are--CommentsClose CommentsPermalink





‘(I) distributed equitably to States based on the proportional contributions of the States through collected assessments;CommentsClose CommentsPermalink





‘(II) used to supplement (and not supplant) State or alternative sources of funding for energy efficiency programs; andCommentsClose CommentsPermalink





‘(III) used only to carry out this paragraph.CommentsClose CommentsPermalink





‘(4) CONSUMER EDUCATION, SAFETY, AND TRAINING- The Alliance shall ensure that not more than 35 percent of the assessments collected for each calendar year under this title are used--CommentsClose CommentsPermalink





‘(A) to conduct consumer education activities relating to oilheat, including providing information to consumers on--CommentsClose CommentsPermalink





‘(i) energy conservation strategies;CommentsClose CommentsPermalink





‘(ii) safety;CommentsClose CommentsPermalink





‘(iii) new technologies that reduce consumption or improve safety and comfort;CommentsClose CommentsPermalink





‘(iv) the use of biofuels blends; andCommentsClose CommentsPermalink





‘(v) Federal, State, and local programs designed to assist oilheat consumers;CommentsClose CommentsPermalink





‘(B) to conduct worker safety and training activities relating to oilheat, including energy efficiency training (including classes to obtain Building Performance Institute or Residential Energy Services Network certification); orCommentsClose CommentsPermalink





‘(C) to carry out other activities recommended by the Secretary.CommentsClose CommentsPermalink





‘(5) ADMINISTRATIVE COSTS- The Alliance shall ensure that not more than 5 percent of the assessments collected for each calendar year under this title are used for overhead or administrative costs.CommentsClose CommentsPermalink





‘(6) REPORTS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Each qualified State association or the Alliance shall prepare a biannual report detailing the development and administration of this section, and yearly expenditures under this section.CommentsClose CommentsPermalink





‘(B) CONTENTS- Each report shall include--CommentsClose CommentsPermalink





‘(i) a description of the use of proceeds under this section, including a description of--CommentsClose CommentsPermalink





‘(I) advancements made in energy-efficient heating systems and biofuel heating oil blends; andCommentsClose CommentsPermalink





‘(II) heating system upgrades and modifications and energy efficiency programs funded under this section; andCommentsClose CommentsPermalink





‘(ii) a demonstration of the consumer savings, cost-effectiveness of, and the lifetime and annual energy savings achieved by heating system upgrades and modifications and energy efficiency programs funded through this section.CommentsClose CommentsPermalink





‘(C) AVAILABILITY-CommentsClose CommentsPermalink





‘(i) IN GENERAL- Each report, and any subsequent changes to the report, described in subparagraph (A) shall be made publically available, with notice of availability provided to the Secretary.CommentsClose CommentsPermalink





‘(ii) PUBLIC AVAILABILITY- The Secretary shall make the reports prepared under this paragraph available to the public, including by publishing the reports on the Internet.CommentsClose CommentsPermalink





‘(D) VERIFICATION-CommentsClose CommentsPermalink





‘(i) IN GENERAL- The Alliance shall ensure that an independent third-party reviews each report described in subparagraph (A), and verifies the accuracy of the report, biennially.CommentsClose CommentsPermalink





‘(ii) COUNCILS- If a State has a stakeholder efficiency oversight council, the council shall be the entity that reviews and verifies the report of the State association or Alliance for the State under clause (i).’.CommentsClose CommentsPermalink

SEC. 11. MARKET SURVEY AND CONSUMER PROTECTION.

The National Oilheat Research, Consumer Education, and Efficiency Act of 2011 (42 U.S.C. 6201 note; Public Law 106-469) is amended by striking section 708.CommentsClose CommentsPermalink

SEC. 12. LOBBYING RESTRICTIONS.

Section 710 of the National Oilheat Research, Consumer Education, and Efficiency Act of 2011 (42 U.S.C. 6201 note; Public Law 106-469) is amended by inserting ‘or to lobby’ after ‘elections’.CommentsClose CommentsPermalink

SEC. 13. NONCOMPLIANCE.

Section 712 of the National Oilheat Research, Consumer Education, and Efficiency Act of 2011 (42 U.S.C. 6201 note; Public Law 106-469) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(g) Noncompliance- If the Alliance, a qualified State association, or any other entity or person violates this Act, the Secretary may impose a fine or take other appropriate action to ensure compliance with this Act, including referral to an appropriate law enforcement authority.’.CommentsClose CommentsPermalink

SEC. 14. SUNSET.

Section 713 of the National Oilheat Research, Consumer Education, and Efficiency Act of 2011 (42 U.S.C. 6201 note; Public Law 106-469) is amended by striking ‘9 years’ and inserting ‘19 years’.CommentsClose CommentsPermalink