S 949
112th CONGRESS
1st Session
S. 949
To amend the National Oilheat Research Alliance Act of 2000
to reauthorize and improve that Act, and for other purposes.
IN THE SENATE OF THE UNITED STATES
May 11, 2011
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 Resources
A BILL
To amend the National Oilheat Research Alliance Act of 2000
to reauthorize and improve that Act, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `National Oilheat Reauthorization Act of
2011'.
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'.
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--
(1) by redesignating paragraphs (3) through (7) and (8) through (15)
as paragraphs (4) through (8) and (10) through (17), respectively;
(2) by inserting after paragraph (2) the following:
`(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--
`(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 than
`(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.'; and
(3) by inserting after paragraph (8) (as so redesignated) the following:
`(9) OILHEAT FUEL- The term `oilheat fuel' means fuel that--
`(ii) No. 2 dyed distillate;
`(iii) a liquid blended with No. 1 distillate or No. 2 dyed distillate;
or
`(iv) a biobased liquid; and
`(B) is used as a fuel for nonindustrial commercial or residential
space or hot water heating.'.
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:
`(A) IN GENERAL- The Alliance shall provide to the Secretary a list
of qualified nominees for membership in the Alliance.
`(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.
`(2) VACANCIES- A vacancy in the Alliance shall be filled in the same
manner as the original selection.
`(A) IN GENERAL- The Secretary shall have 60 days to review nominees
provided under paragraph (1).
`(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.'.
(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'.
(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--
(1) by striking paragraph (1) and inserting the following:
`(1) IN GENERAL- The Alliance shall be composed of the following members:
`(A) One member representing each State participating in the Alliance.
`(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.
`(C) Five additional representatives of retail marketers.
`(D) Twenty-one representatives of wholesale distributors.
`(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.'; and
(2) in paragraph 2, by striking `the qualified industry organization
or'.
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--
(1) by striking paragraph (1) and inserting the following:
`(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.'; and
(2) by striking paragraph (4) and inserting the following:
`(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.
`(B) RECOMMENDATIONS FOR CHANGES BY SECRETARY-
`(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.
`(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).
`(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.'.
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'.
(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'.
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:
`(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--
`(1) a description of activities of the Alliance relating to--
`(A) research, development, and demonstration;
`(B) consumer education, safety and training; and
`(C) development of alternative fuels;
`(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; and
`(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--
`(A) the amount of investment required to implement all energy efficiency
programs and heating system upgrades and modifications that are
cost-effective;
`(B) the total amount of funds that consumers will save from the
investments; and
`(C) the total number of jobs that will be created from the investments.'.
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:
`(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.'.
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:
`(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.'.
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:
`(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.
`(2) RESEARCH, DEVELOPMENT, AND DEMONSTRATION-
`(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--
`(i) the development of energy-efficient heating systems and biofuel
heating oil blends; and
`(ii) the transition and facilitation of the entry of energy efficient
heating systems and biofuels into the marketplace.
`(B) PRIORITIES- The Alliance shall coordinate with the Secretary
to develop priorities for the use of assessments under this paragraph.
`(C) PLAN- The Alliance shall develop a coordinated research plan
to carry out research programs and activities under this section.
`(D) DOCUMENTATION- The Alliance shall document activities conducted
under this paragraph using a transparent process and procedures
developed in coordination with the Secretary.
`(3) HEATING OIL EFFICIENCY AND UPGRADE PROGRAM-
`(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--
`(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;
or
`(ii) to improve energy efficiency or reduce energy consumption
through cost-effective energy efficiency programs for consumers.
`(B) PLAN- The Alliance shall--
`(i) develop a coordinated heating oil efficiency and upgrade
plan with States to carry out cost-effective efficiency programs
and activities under this section;
`(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;
and
`(iii) submit the plan to the Secretary.
`(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--
`(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.);
`(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.); or
`(III) other energy efficiency programs administered by the
State or other parties in the State.
`(ii) DISTRIBUTION OF FUNDS- The Alliance shall ensure that funds
distributed to carry out this paragraph are--
`(I) distributed equitably to States based on the proportional
contributions of the States through collected assessments;
`(II) used to supplement (and not supplant) State or alternative
sources of funding for energy efficiency programs; and
`(III) used only to carry out this paragraph.
`(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--
`(A) to conduct consumer education activities relating to oilheat,
including providing information to consumers on--
`(i) energy conservation strategies;
`(iii) new technologies that reduce consumption or improve safety
and comfort;
`(iv) the use of biofuels blends; and
`(v) Federal, State, and local programs designed to assist oilheat
consumers;
`(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); or
`(C) to carry out other activities recommended by the Secretary.
`(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.
`(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.
`(B) CONTENTS- Each report shall include--
`(i) a description of the use of proceeds under this section,
including a description of--
`(I) advancements made in energy-efficient heating systems and
biofuel heating oil blends; and
`(II) heating system upgrades and modifications and energy efficiency
programs funded under this section; and
`(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.
`(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.
`(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.
`(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.
`(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).'.
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.
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'.
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:
`(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.'.
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'.
END
