Sec. 6. Assessments
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Section 707 of the National Oilheat Research Alliance Act of 2000 ( 42 U.S.C. 6201 note; Public Law 106–469) is amended— by striking subsection
(a)and inserting the following: The assessment rate for calendar years 2013 and 2014 shall be equal to 2/10 of 1 cent per gallon of oilheat fuel. Subject to paragraph (3), effective beginning with calendar year 2015, the annual assessment rate shall be sufficient to cover the costs of the plans and programs developed by the Alliance. The annual assessment shall not exceed 1/2 of 1 cent per gallon of oilheat fuel. The annual assessment may not change by more than 1/10 of 1 cent per gallon of oilheat fuel in any 12 month-period. No increase in the assessment may occur unless— the increase is approved by 3/4 of the members voting at a regularly scheduled meeting of the Alliance; and at least 90 days before the date of the meeting of the Alliance, the Alliance provides notice of the proposed increase to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives. ; and in subsection (b), by adding at the end the following: None of the assessments collected under this title may be passed through or otherwise required to be paid by residential consumers of oilheat fuel. . Section 707(e)(2) of the National Oilheat Research Alliance Act of 2000 ( 42 U.S.C. 6201 note; Public Law 106–469 ) is amended by adding at the end the following: As a condition of receipt of funds made available to a qualified State association under this title, the qualified State association shall deposit the funds in an account that is separate from other funds of the qualified State association. . Section 707 of the National Oilheat Research Alliance Act of 2000 ( 42 U.S.C. 6201 note; Public Law 106–469 ) is amended by adding at the end the following: 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. The Alliance shall ensure that not less than 30 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 fuel, including the development of energy-efficient heating and the transition and facilitation of the entry of energy-efficient heating systems into the marketplace. The Alliance shall coordinate with the Secretary to develop priorities for the use of assessments under this paragraph. The Alliance shall develop a coordinated research plan to carry out research programs and activities under this section. No later than 1 year after date of enactment of this subsection, the Alliance shall prepare a report on the use of biofuels in oilheat fuel utilization equipment. The report required under clause
(i)shall— provide information on the environmental benefits, economic benefits, and any technical limitations on the use of biofuels in oilheat fuel utilization equipment; and describe market acceptance of the fuel, and information on State and local governments that are encouraging the use of biofuels in oilheat fuel utilization equipment. The Alliance shall submit a copy of the report required under clause
(i)to— Congress; the Governor of each State, and other appropriate State leaders, in which the Alliance is operating; and the Administrator of the Environmental Protection Agency. The Alliance, in conjunction with an institution or organization engaged in biofuels research, shall develop consumer education materials describing the benefits of using biofuels as or in oilheat fuel based on the technical information developed in the report required under subparagraph
(D)and other information generally available. In carrying out a research, development, demonstration, or commercial application program or activity that is commenced after the date of enactment of this subsection, the Alliance shall require cost sharing in accordance with this section. Except as provided in clauses
(ii)and (iii), the Alliance shall require that not less than 20 percent of the cost of a research or development program or activity described in subparagraph
(A)to be provided by a source other than the Alliance. Clause
(i)shall not apply to a research or development program or activity described in subparagraph
(A)that is of a basic or fundamental nature, as determined by the Alliance. The Alliance may reduce or eliminate the requirement of clause
(i)for a research and development program or activity of an applied nature if the Alliance determines that the reduction is necessary and appropriate. The Alliance shall require that not less than 50 percent of the cost of a demonstration or commercial application program or activity described in subparagraph
(A)to be provided by a source other than the Alliance. The Alliance shall ensure that not less than 15 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— 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; to improve energy efficiency or reduce energy consumption through cost-effective energy efficiency programs for consumers; or to improve the safe operation of a heating system. The Alliance shall, 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. 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— 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. ); 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.); or other energy efficiency programs administered by the State or other parties in the State. The Alliance shall ensure that funds distributed to carry out this paragraph are— distributed equitably to States based on the proportional contributions of the States through collected assessments; used to supplement (and not supplant) State or alternative sources of funding for energy efficiency programs; and used only to carry out this paragraph. The Alliance shall ensure that not more than 35 percent of the assessments collected for each calendar year under this title are used— to conduct consumer education activities relating to oilheat fuel, including providing information to consumers on— energy conservation strategies; safety; new technologies that reduce consumption or improve safety and comfort; the use of biofuels blends; and Federal, State, and local programs designed to assist oilheat fuel consumers; to conduct worker safety and training activities relating to oilheat fuel, including energy efficiency training (including classes to obtain Building Performance Institute or Residential Energy Services Network certification); to carry out other activities recommended by the Secretary; or to the maximum extent practicable, a data collection process established, in collaboration with the Secretary or other appropriate Federal agencies, to track equipment, service, and related safety issues and to develop measures to improve safety. The Alliance shall ensure that not more than 5 percent of the assessments collected for each calendar year under this title are used for— administrative costs; or indirect costs incurred in carrying out paragraphs
(1)through (5). Activities under this section shall be documented pursuant to a transparent process and procedures developed in coordination with the Secretary. Each qualified State association or the Alliance shall prepare an annual report describing the development and administration of this section, and yearly expenditures under this section. Each report required under clause
(i)shall include a description of the use of proceeds under this section, including a description of— advancements made in energy-efficient heating systems and biofuel heating oil blends; and heating system upgrades and modifications and energy efficiency programs funded under this section. The Alliance shall ensure that an independent third-party reviews each report described in clause
(i)and verifies the accuracy of the report. 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). At least once every 3 years, the Alliance shall prepare a detailed report describing 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 under paragraph (4). Each report, and any subsequent changes to the report, described in this paragraph shall be made publically available, with notice of availability provided to the Secretary, and posted on the website of the Alliance. .
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- Pub. L. 106-469
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