,i #aacth ,,congress #ast ,session ,h4 ,r4 #aihe ,,in ,,the ,,house ,,of ,,representatives ,may #ae1 #bjac ,mr4 ,lance 7for himself1 ,mr4 ,dent1 ,mr4 ,duncan of ,south ,carolina1 ,mr4 ,frelinghuysen1 ,mr4 ,grimm1 ,mr4 ,hanna1 ,mr4 ,harris1 ,mr4 ,jones1 ,mr4 ,runyan1 ,mr4 ,smith of ,new ,jersey1 ,mr4 ,welch1 ,mr4 ,wilson of ,south ,carolina1 and ,mr4 ,king of ,new ,york7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to amend the ,national ,oilheat ,research ,alliance ,act of #bjjj to reauthorize and improve that ,act1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,oilheat ,efficiency1 ,renewable ,fuel ,research and ,jobs ,training ,act of #bjac4 #b4 ,findings and purposes ,section #gjb of the ,national ,oilheat ,research ,alliance ,act of #bjjj 7#db ,u4,s4,c4 #fbja note2 ,public ,law #ajf-dfi7 is amended-- 7#a7 in paragraph 7#d71 by striking and after the semicolon at the end2 7#b7 by striking the period at the end and inserting a semicolon2 and 7#c7 by adding at the end the following3 7#f7 consumers of oilheat fuel are provided service by thousands of small businesses that are unable to individually develop training programs to facilitate the entry of new and qualified workers into the oilheat fuel industry2 7#g7 small businesses and trained employees are in an ideal position-- 7,a7 to provide information to consumers about the benefits of improved efficiency2 and 7,b7 to encourage consumers to value efficiency in energy choices and assist individuals in conserving energy2 7#h7 additional research is necessary-- 7,a7 to improve oilheat fuel equipment2 and 7,b7 to develop domestic renewable resources that can be used to safely and affordably heat homes2 7#i7 since there are no ,federal resources available to assist the oilheat fuel industry1 it is necessary and appropriate to develop a self-funded program dedicated-- 7,a7 to improving efficiency in customer homes2 7,b7 to assist individuals to gain employment in the oilheat fuel industry2 and 7,c7 to develop domestic renewable resources2 7#aj7 both consumers of oilheat fuel and retailers would benefit from the self-funded program2 and 7#aa7 the oilheat fuel industry is committed to providing appropriate funding necessary to carry out the purposes of this title without passing additional costs on to residential consumers4 4 #c4 ,definitions 7a7 ,in general ,section #gjc of the ,national ,oilheat ,research ,alliance ,act of #bjjj 7#db ,u4,s4,c4 #fbja note2 ,public ,law #ajf-dfi7 is amended-- 7#a7 by redesignating paragraphs 7#c7 through 7#ae7 as paragraphs 7#d7 through 7#af71 respectively2 7#b7 by inserting after paragraph 7#b7 the following3 7#c7 ,cost-effective ,the term cost-effective1 with respect to a program or activity carried out under section #gjg7;f77#d71 means that the program or activity meets a total resource cost test under which-- 7,a7 the net present value of economic benefits over the life of the program or activity1 including avoided supply and delivery costs and deferred or avoided investments2 is greater than 7,b7 the net present value of the economic costs over the life of the program or activity1 including program costs and incremental costs borne by the energy consumer4 2 and 7#c7 by striking paragraph 7#h7 7as redesignated in paragraph 7#a77 and inserting the following3 7#h7 ,oilheat fuel ,the term oilheat fuel means fuel that-- 7,a7 is-- 7i7 ,no4 #a distillate2 7ii7 ,no4 #b dyed distillate2 7iii7 a liquid blended with ,no4 #a distillate or ,no4 #b dyed distillate2 or 7iv7 a biobased liquid2 and 7,b7 is used as a fuel for nonindustrial commercial or residential space or hot water heating4 4 7b7 ,conforming amendments 7#a7 ,the ,national ,oilheat ,research ,alliance ,act of #bjjj 7#db ,u4,s4,c4 #fbja note2 ,public ,law #ajf-dfi7 is amended by striking oilheat each place it appears and inserting oilheat fuel4 7#b7 ,section #gjd7;d7 of the ,national ,oilheat ,research ,alliance ,act of #bjjj 7#db ,u4,s4,c4 #fbja note2 ,public ,law #ajf-dfi7 is amended in the subsection heading by striking oilheat and inserting oilheat fuel4 7#c7 ,section #gjf7;c77#b7 of the ,national ,oilheat ,research ,alliance ,act of #bjjj 7#db ,u4,s4,c4 #fbja note2 ,public ,law #ajf-dfi7 is amended in the paragraph heading by striking oilheat and inserting oilheat fuel4 7#d7 ,section #gjg7;c7 of the ,national ,oilheat ,research ,alliance ,act of #bjjj 7#db ,u4,s4,c4 #fbja note2 ,public ,law #ajf-dfi7 is amended in the subsection heading by striking oilheat and inserting oilheat fuel4 #d4 ,membership 7a7 ,selection ,section #gje of the ,national ,oilheat ,research ,alliance ,act of #bjjj 7#db ,u4,s4,c4 #fbja note2 ,public ,law #ajf-dfi7 is amended by striking subsection 7a7 and inserting the following3 7a7 ,selection 7#a7 ,list 7,a7 ,in general ,the ,alliance shall provide to the ,secretary a list of qualified nominees for membership in the ,alliance4 7,b7 ,requirement ,except as provided in subsection 7c77#a77;,c71 members of the ,alliance shall be representatives of the oilheat fuel industry in a ,state1 selected from a list of nominees submitted by the qualified ,state association in the ,state4 7#b7 ,vacancies ,a vacancy in the ,alliance shall be filled in the same manner as the original selection4 7#c7 ,secretarial action 7,a7 ,in general ,the ,secretary shall have #fj days to review nominees provided under paragraph 7#a74 7,b7 ,failure to ,act ,if the ,secretary takes no action during the #fj-;day period described in subparagraph 7,a71 the nominees shall be considered to be members of the ,alliance4 4 7b7 ,representation ,section #gje7;b7 of the ,national ,oilheat ,research ,alliance ,act of #bjjj 7#db ,u4,s4,c4 #fbja note2 ,public ,law #ajf-dfi7 is amended in the matter preceding paragraph 7#a7 by striking qualified industry organization and inserting ,alliance4 7c7 ,number of members ,section #gje7;c7 of the ,national ,oilheat ,research ,alliance ,act of #bjjj 7#db ,u4,s4,c4 #fbja note2 ,public ,law #ajf-dfi7 is amended-- 7#a7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,in general ,the ,alliance shall be composed of the following members3 7,a7 #a member representing each ,state participating in the ,alliance4 7,b7 #e representatives of retail marketers1 of whom #a shall be selected by each of the qualified ,state associations of the #e ,states with the highest volume of annual oilheat fuel sales4 7,c7 #e additional representatives of retail marketers4 7,d7 #ba representatives of wholesale distributors4 7,e7 #f public members1 who shall be representatives of significant users of oilheat fuel1 the oilheat fuel research community1 ,state energy officials1 or other groups with expertise in oilheat fuel1 including consumer and low-income advocacy groups4 2 and 7#b7 in paragraph 7#b71 by striking the qualified industry organization or4 #e4 ,functions 7a7 ,renewable fuel research ,section #gjf7;a77#c77;,b77i77,i7 of the ,national ,oilheat ,research ,alliance ,act of #bjjj 7#db ,u4,s4,c4 #fbja note2 ,public ,law #ajf-dfi7 is amended by inserting before the semicolon at the end the following3 1 including research to develop renewable fuels and to examine the compatibility of different renewable fuels with oilheat fuel utilization equipment1 with priority given to research on the development and use of advanced biofuels4 7b7 ,biennial budgets ,section #gjf7;e7 of the ,national ,oilheat ,research ,alliance ,act of #bjjj 7#db ,u4,s4,c4 #fbja note2 ,public ,law #ajf-dfi7 is amended-- 7#a7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,publication of proposed budget ,not later than ,august #a1 #bjac1 and every #b years thereafter1 the ,alliance shall1 in consultation with the ,secretary1 develop and publish for public review and comment a proposed biennial budget for the next #b calendar years1 including the probable operating and planning costs of all programs1 projects1 and contracts and other agreements4 2 and 7#b7 by striking paragraph 7#d7 and inserting the following3 7#d7 ,implementation 7,a7 ,in general ,the ,alliance shall not implement a proposed budget until the expiration of #fj days after submitting the proposed budget to the ,secretary4 7,b7 ,recommendations for changes by ,secretary 7i7 ,in general ,the ,secretary may recommend to the ,alliance changes to the budget programs and activities of the ,alliance that the ,secretary considers appropriate4 7ii7 ,response by alliance ,not later than #cj days after the receipt of any recommendations made under clause 7i71 the ,alliance shall submit to the ,secretary a final budget for the next #b calendar years that incorporates or includes a description of the response of the ,alliance to any changes recommended under clause 7i74 4 #f4 ,assessments 7a7 ,in general ,section #gjg of the ,national ,oilheat ,research ,alliance ,act of #bjjj 7#db ,u4,s4,c4 #fbja note2 ,public ,law #ajf-dfi7 is amended-- 7#a7 by striking subsection 7a7 and inserting the following3 7a7 ,rate 7#a7 ,in general ,the assessment rate for calendar years #bjac and #bjad shall be equal to #b_/aj of #a cent per gallon of oilheat fuel4 7#b7 ,subsequent assessments ,subject to paragraph 7#c71 effective beginning with calendar year #bjae1 the annual assessment rate shall be sufficient to cover the costs of the plans and programs developed by the ,alliance4 7#c7 ,limitations on increase 7,a7 ,in general ,the annual assessment shall not exceed #a_/b of #a cent per gallon of oilheat fuel4 7,b7 ,limitation ,the annual assessment may not change by more than #a_/aj of #a cent per gallon of oilheat fuel in any #ab month-period4 7,c7 ,approval ,no increase in the assessment may occur unless-- 7i7 the increase is approved by #c_/d of the members voting at a regularly scheduled meeting of the ,alliance2 and 7ii7 at least #ij days before the date of the meeting of the ,alliance1 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 ,representatives4 2 and 7#b7 in subsection 7b71 by adding at the end the following3 7#h7 ,prohibition on pass through ,none of the assessments collected under this title may be passed through or otherwise required to be paid by residential consumers of oilheat fuel4 4 7b7 ,funds made available to qualified ,state associations ,section #gjg7;e77#b7 of the ,national ,oilheat ,research ,alliance ,act of #bjjj 7#db ,u4,s4,c4 #fbja note2 ,public ,law #ajf-dfi7 is amended by adding at the end the following3 7,b7 ,separate accounts ,as a condition of receipt of funds made available to a qualified ,state association under this title1 the qualified ,state association shall deposit the funds in an account that is separate from other funds of the qualified ,state association4 4 7c7 ,administration ,section #gjg of the ,national ,oilheat ,research ,alliance ,act of #bjjj 7#db ,u4,s4,c4 #fbja note2 ,public ,law #ajf-dfi7 is amended by adding at the end the following3 7f7 ,use of ,assessments 7#a7 ,in general ,notwithstanding any other provision of this title1 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 subsection4 7#b7 ,research1 development1 and demonstration 7,a7 ,in general ,the ,alliance shall ensure that not less than #cj percent of the assessments collected for each calendar year under this title are used by qualified ,state associations or the ,alliance to conduct research1 development1 and demonstration activities relating to oilheat fuel1 including the development of energy-efficient heating and the transition and facilitation of the entry of energy efficient heating systems into the marketplace4 7,b7 ,coordination ,the ,alliance shall coordinate with the ,secretary to develop priorities for the use of assessments under this paragraph4 7,c7 ,plan ,the ,alliance shall develop a coordinated research plan to carry out research programs and activities under this section4 7,d7 ,report 7i7 ,in general ,no later than #a year after date of enactment of this subsection1 the ,alliance shall prepare a report on the use of biofuels in oilheat fuel utilization equipment4 7ii7 ,contents ,the report required under clause 7i7 shall-- 7,i7 provide information on the environmental benefits1 economic benefits1 and any technical limitations on the use of biofuels in oilheat fuel utilization equipment2 and 7,,ii7 describe market acceptance of the fuel1 and information on ,state and local governments that are encouraging the use of biofuels in oilheat fuel utilization equipment4 7iii7 ,copies ,the ,alliance shall submit a copy of the report required under clause 7i7 to-- 7,i7 ,congress2 7,,ii7 the ,governor of each ,state1 and other appropriate ,state leaders1 in which the ,alliance is operating2 and 7,,iii7 the ,administrator of the ,environmental ,protection ,agency4 7,e7 ,consumer education materials ,the ,alliance1 in conjunction with an institution or organization engaged in biofuels research1 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 7,d7 and other information generally available4 7#c7 ,cost sharing 7,a7 ,in general ,in carrying out a research1 development1 demonstration1 or commercial application program or activity that is commenced after the date of enactment of this subsection1 the ,alliance shall require cost-sharing in accordance with this section4 7,b7 ,research and development 7i7 ,in general ,except as provided in clauses 7ii7 and 7iii71 the ,alliance shall require that not less than #bj percent of the cost of a research or development program or activity described in subparagraph 7,a7 to be provided by a source other than the ,alliance4 7ii7 ,exclusion ,clause 7i7 shall not apply to a research or development program or activity described in subparagraph 7,a7 that is of a basic or fundamental nature1 as determined by the ,alliance4 7iii7 ,reduction ,the ,alliance may reduce or eliminate the requirement of clause 7i7 for a research and development program or activity of an applied nature if the ,alliance determines that the reduction is necessary and appropriate4 7,c7 ,demonstration and commercial application ,the ,alliance shall require that not less than #ej percent of the cost of a demonstration or commercial application program or activity described in subparagraph 7,a7 to be provided by a source other than the ,alliance4 7#d7 ,heating oil efficiency and upgrade program 7,a7 ,in general ,the ,alliance shall ensure that not less than #ae 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-- 7i7 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 system2 7ii7 to improve energy efficiency or reduce energy consumption through cost-effective energy efficiency programs for consumers2 or 7iii7 to improve the safe operation of a heating system4 7,b7 ,plan ,the ,alliance shall1 to the maximum extent practicable1 coordinate1 develop1 and implement the programs and activities of the ,alliance in conjunction with existing ,state energy efficiency program administrators4 7,c7 ,administration 7i7 ,in general ,in carrying out this paragraph1 the ,alliance shall1 to the maximum extent practicable1 ensure that heating system conversion assistance is coordinated with1 and developed after consultation with1 persons or organizations responsible for administering-- 7,i7 the low-income home energy assistance program established under the ,low-,income ,home ,energy ,assistance ,act of #aiha 7#db ,u4,s4,c4 #hfba et seq472 7,,ii7 the ,weatherization ,assistance ,program for ,low-,income ,persons established under part ,a of title ,,iv of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhfa et seq472 or 7,,iii7 other energy efficiency programs administered by the ,state or other parties in the ,state4 7ii7 ,distribution of funds ,the ,alliance shall ensure that funds distributed to carry out this paragraph are-- 7,i7 distributed equitably to ,states based on the proportional contributions of the ,states through collected assessments2 7,,ii7 used to supplement 7and not supplant7 ,state or alternative sources of funding for energy efficiency programs2 and 7,,iii7 used only to carry out this paragraph4 7#e7 ,consumer education1 safety1 and training ,the ,alliance shall ensure that not more than #cj percent of the assessments collected for each calendar year under this title are used-- 7,a7 to conduct consumer education activities relating to oilheat fuel1 including providing information to consumers on-- 7i7 energy conservation strategies2 7ii7 safety2 7iii7 new technologies that reduce consumption or improve safety and comfort2 7iv7 the use of biofuels blends2 and 7v7 ,federal1 ,state1 and local programs designed to assist oilheat fuel consumers2 7,b7 to conduct worker safety and training activities relating to oilheat fuel1 including energy efficiency training 7including classes to obtain ,building ,performance ,institute or ,residential ,energy ,services ,network certification72 7,c7 to carry out other activities recommended by the ,secretary2 or 7,d7 to the maximum extent practicable1 a data collection process established1 in collaboration with the ,secretary or other appropriate ,federal agencies1 to track equipment1 service1 and related safety issues and to develop measures to improve safety4 7#f7 ,administrative costs 7,a7 ,in general ,the ,alliance shall ensure that not more than #e percent of the assessments collected for each calendar year under this title are used for-- 7i7 administrative costs2 or 7ii7 indirect costs incurred in carrying out paragraphs 7#a7 through 7#e74 7,b7 ,administration ,activities under this section shall be documented pursuant to a transparent process and procedures developed in coordination with the ,secretary4 7#g7 ,reports 7,a7 ,annual reports 7i7 ,in general ,each qualified ,state association or the ,alliance shall prepare an annual report describing he development and administration of this section1 and yearly expenditures under this section4 7ii7 ,contents ,each report required under clause 7i7 shall include a description of the use of proceeds under this section1 including a description of-- 7,i7 advancements made in energy-efficient heating systems and biofuel heating oil blends2 and 7,,ii7 heating system upgrades and modifications and energy efficiency programs funded under this section4 7iii7 ,verification 7,i7 ,in general ,the ,alliance shall ensure that an independent third-party reviews each report described in clause 7i7 and verifies the accuracy of the report4 7,,ii7 ,councils ,if a ,state has a stakeholder efficiency oversight council1 the council shall be the entity that reviews and verifies the report of the ,state association or ,alliance for the ,state under clause 7i74 7,b7 ,reports on heating oil efficiency and upgrade program ,at least once every #c years1 the ,alliance shall prepare a detailed report describing the consumer savings1 cost-effectiveness of1 and the lifetime and annual energy savings achieved by heating system upgrades and modifications and energy efficiency programs funded under paragraph 7#d74 7,c7 ,availability ,each report1 and any subsequent changes to the report1 described in this paragraph shall be made publically available1 with notice of availability provided to the ,secretary1 and posted on the website of the ,alliance4 4 #g4 ,market survey and consumer protection ,section #gjh of the ,national ,oilheat ,research ,alliance ,act of #bjjj 7#db ,u4,s4,c4 #fbja note2 ,public ,law #ajf-dfi7 is repealed4 #h4 ,lobbying restrictions ,section #gaj of the ,national ,oilheat ,research ,alliance ,act of #bjjj 7#db ,u4,s4,c4 #fbja note2 ,public ,law #ajf-dfi7 is amended-- 7#a7 by striking ,no funds and inserting the following3 7a7 ,in general ,no funds 2 7#b7 by inserting or to lobby after elections2 and 7#c7 by adding at the end the following3 7b7 ,assessments 7#a7 ,in general ,subject to paragraph 7#b71 no funds derived from assessments collected by the ,alliance under section #gjg shall be used1 directly or indirectly1 to influence ,federal1 ,state1 or local legislation or elections1 or the manner of administering of a law4 7#b7 ,information ,the ,alliance may use funds described in paragraph 7#a7 to provide information requested by a ,member of ,congress1 or an official of any ,federal1 ,state1 or local agency1 in the course of the official business of the ,member or official4 4 #i4 ,noncompliance ,section #gab of the ,national ,oilheat ,research ,alliance ,act of #bjjj 7#db ,u4,s4,c4 #fbja note2 ,public ,law #ajf-dfi7 is amended by adding at the end the following3 7g7 ,noncompliance ,if the ,alliance1 a qualified ,state association1 or any other entity or person violates this title1 the ,secretary shall-- 7#a7 notify ,congress of the noncompliance2 and 7#b7 provide notice of the noncompliance on the ,alliance website4 4 #aj4 ,sunset ,section #gac of the ,national ,oilheat ,research1 ,consumer ,education1 and ,efficiency ,act of #bjaa 7#db ,u4,s4,c4 #fbja note2 ,public ,law #ajf-dfi7 is amended by striking #i years and inserting #ai years4