Oilheat Efficiency, Renewable Fuel Research and Jobs Training Act of 2013 - Amends the National Oilheat Research Alliance Act of 2000 to: (1) require the National Oilheat Research Alliance to provide the Secretary of Energy (DOE) with a list of qualified nominees for Alliance membership, and (2) revise membership criteria.
Includes among Alliance functions research to: (1) develop renewable fuels; and (2) examine the compatibility of different renewable fuels with oilheat fuel utilization equipment, with priority given to research on the development and use of advanced biofuels.
Changes the Alliance's proposed budget from annual to biennial.
Limits the current assessment rate of 2/10 of 1 cent per gallon of oilheat fuel (currently, of No. 1 distillate and No. 2 dyed distillate) to calendar years 2013 and 2014.
Requires subsequent annual assessment rates to be sufficient to cover the costs of Alliance plans and programs. Limits those assessments, however, to a change of no more than 1/2 of 1 cent per gallon of oilheat fuel.
Prohibits any assessment increase unless: (1) it is approved by 3/4 of Alliance members voting at a regularly scheduled meeting, and (2) the Alliance notifies certain congressional committees of the proposed increase at least 90 days before the meeting.
Prohibits such assessments from being passed through to, or otherwise required to be paid by, residential consumers of oilheat fuel.
Requires a qualified state association to deposit funds received under this Act in an account separate from its other funds.
Directs the Alliance to ensure that specified percentages of assessments collected for each calendar year are used by qualified state associations or the Alliance to: (1) conduct research, development, and demonstration activities relating to oilheat fuel, including development of energy-efficient heating and the transition and facilitation of the entry of energy-efficient heating systems into the marketplace; and (2) develop consumer education materials.
Directs the Alliance to require that at least 20% of the demonstration cost or commercial application program be provided by a source other than the Alliance.
Directs the Alliance to ensure that heating system conversion assistance is coordinated with administrators of a specified low-income home energy assistance program and with the Weatherization Assistance Program for Low-Income Persons.
Repeals: (1) the requirement for an annual analysis of oilheat price changes relative to other energy sources (market survey); as well as (2) the restriction of Association activities to research and development, training, and safety matters if in any year the five-year average price composite index of consumer grade oilheat exceeds a certain amount.
Prohibits the use of funds derived from assessments collected by the Alliance for lobbying purposes.
Directs the Secretary of Commerce, in the event of noncompliance with this Act by the Alliance, a qualified state association, or any other person or entity, to notify Congress and the Alliance website.
Extends the sunset date for the National Oilheat Research Alliance program to 19 years after the date on which it was established.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1985 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 1985
To amend the National Oilheat Research Alliance Act of 2000 to
reauthorize and improve that Act, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 15, 2013
Mr. Lance (for himself, Mr. Dent, Mr. Duncan of South Carolina, Mr.
Frelinghuysen, Mr. Grimm, Mr. Hanna, Mr. Harris, Mr. Jones, Mr. Runyan,
Mr. Smith of New Jersey, Mr. Welch, Mr. Wilson of South Carolina, and
Mr. King of New York) introduced the following bill; which was referred
to the Committee on Energy and Commerce
_______________________________________________________________________
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 ``Oilheat Efficiency, Renewable Fuel
Research and Jobs Training Act of 2013''.
SEC. 2. FINDINGS AND PURPOSES.
Section 702 of the National Oilheat Research Alliance Act of 2000
(42 U.S.C. 6201 note; Public Law 106-469) is amended--
(1) in paragraph (4), by striking ``and'' after the
semicolon at the end;
(2) by striking the period at the end and inserting a
semicolon; and
(3) by adding at the end the following:
``(6) 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 industry;
``(7) small businesses and trained employees are in an
ideal position--
``(A) to provide information to consumers about the
benefits of improved efficiency; and
``(B) to encourage consumers to value efficiency in
energy choices and assist individuals in conserving
energy;
``(8) additional research is necessary--
``(A) to improve oilheat fuel equipment; and
``(B) to develop domestic renewable resources that
can be used to safely and affordably heat homes;
``(9) since there are no Federal resources available to
assist the oilheat fuel industry, it is necessary and
appropriate to develop a self-funded program dedicated--
``(A) to improving efficiency in customer homes;
``(B) to assist individuals to gain employment in
the oilheat fuel industry; and
``(C) to develop domestic renewable resources;
``(10) both consumers of oilheat fuel and retailers would
benefit from the self-funded program; and
``(11) 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
consumers.''.
SEC. 3. DEFINITIONS.
(a) In General.--Section 703 of the National Oilheat Research
Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is
amended--
(1) by redesignating paragraphs (3) through (15) as
paragraphs (4) through (16), respectively;
(2) by inserting after paragraph (2) the following:
``(3) Cost-effective.--The term `cost-effective', with
respect to a program or activity carried out under section
707(f)(4), 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 striking paragraph (8) (as redesignated in paragraph
(1)) and inserting the following:
``(8) Oilheat fuel.--The term `oilheat fuel' means fuel
that--
``(A) is--
``(i) No. 1 distillate;
``(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.''.
(b) Conforming Amendments.--
(1) The National Oilheat Research Alliance Act of 2000 (42
U.S.C. 6201 note; Public Law 106-469) is amended by striking
``oilheat'' each place it appears and inserting ``oilheat
fuel''.
(2) Section 704(d) of the National Oilheat Research
Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469)
is amended in the subsection heading by striking ``Oilheat''
and inserting ``Oilheat Fuel''.
(3) Section 706(c)(2) of the National Oilheat Research
Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469)
is amended in the paragraph heading by striking ``oilheat'' and
inserting ``oilheat fuel''.
(4) Section 707(c) of the National Oilheat Research
Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469)
is amended in the subsection heading by striking ``Oilheat''
and inserting ``Oilheat Fuel''.
SEC. 4. MEMBERSHIP.
(a) Selection.--Section 705 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:
``(a) Selection.--
``(1) List.--
``(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 fuel 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.
``(3) Secretarial action.--
``(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 Alliance Act of 2000 (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 ``Alliance''.
(c) Number of Members.--Section 705(c) of the National Oilheat
Research Alliance Act of 2000 (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) 1 member representing each State
participating in the Alliance.
``(B) 5 representatives of retail marketers, of
whom 1 shall be selected by each of the qualified State
associations of the 5 States with the highest volume of
annual oilheat fuel sales.
``(C) 5 additional representatives of retail
marketers.
``(D) 21 representatives of wholesale distributors.
``(E) 6 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. FUNCTIONS.
(a) Renewable Fuel Research.--Section 706(a)(3)(B)(i)(I) of the
National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note;
Public Law 106-469) is amended by inserting before the semicolon at the
end the following: ``, including research to develop renewable fuels
and to examine the compatibility of different renewable fuels with
oilheat fuel utilization equipment, with priority given to research on
the development and use of advanced biofuels''.
(b) Biennial Budgets.--Section 706(e) of the National Oilheat
Research Alliance Act of 2000 (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, 2013, 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:
``(4) Implementation.--
``(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).''.
SEC. 6. ASSESSMENTS.
(a) In General.--Section 707 of the National Oilheat Research
Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is
amended--
(1) by striking subsection (a) and inserting the following:
``(a) Rate.--
``(1) In general.--The assessment rate for calendar years
2013 and 2014 shall be equal to \2/10\ of 1 cent per gallon of
oilheat fuel.
``(2) Subsequent assessments.--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.
``(3) Limitations on increase.--
``(A) In general.--The annual assessment shall not
exceed \1/2\ of 1 cent per gallon of oilheat fuel.
``(B) Limitation.--The annual assessment may not
change by more than \1/10\ of 1 cent per gallon of
oilheat fuel in any 12 month-period.
``(C) Approval.--No increase in the assessment may
occur unless--
``(i) the increase is approved by \3/4\ of
the members voting at a regularly scheduled
meeting of the Alliance; and
``(ii) 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
(2) in subsection (b), 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 residential consumers of oilheat
fuel.''.
(b) Funds Made Available to Qualified State Associations.--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:
``(B) Separate accounts.--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.''.
(c) Administration.--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:
``(f) Use of Assessments.--
``(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 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.
``(B) Coordination.--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) Report.--
``(i) In general.--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.
``(ii) Contents.--The report required under
clause (i) shall--
``(I) provide information on the
environmental benefits, economic
benefits, and any technical limitations
on the use of biofuels in oilheat fuel
utilization equipment; and
``(II) 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.
``(iii) Copies.--The Alliance shall submit
a copy of the report required under clause (i)
to--
``(I) Congress;
``(II) the Governor of each State,
and other appropriate State leaders, in
which the Alliance is operating; and
``(III) the Administrator of the
Environmental Protection Agency.
``(E) Consumer education materials.--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.
``(3) Cost sharing.--
``(A) In general.--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.
``(B) Research and development.--
``(i) In general.--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.
``(ii) Exclusion.--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.
``(iii) Reduction.--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.
``(C) Demonstration and commercial application.--
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.
``(4) Heating oil efficiency and upgrade program.--
``(A) In general.--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--
``(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;
``(ii) to improve energy efficiency or
reduce energy consumption through cost-
effective energy efficiency programs for
consumers; or
``(iii) to improve the safe operation of a
heating system.
``(B) Plan.--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.
``(C) Administration.--
``(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.
``(5) Consumer education, safety, and training.--The
Alliance shall ensure that not more than 30 percent of the
assessments collected for each calendar year under this title
are used--
``(A) to conduct consumer education activities
relating to oilheat fuel, including providing
information to consumers on--
``(i) energy conservation strategies;
``(ii) safety;
``(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 fuel consumers;
``(B) 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);
``(C) to carry out other activities recommended by
the Secretary; or
``(D) 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.
``(6) Administrative costs.--
``(A) In general.--The Alliance shall ensure that
not more than 5 percent of the assessments collected
for each calendar year under this title are used for--
``(i) administrative costs; or
``(ii) indirect costs incurred in carrying
out paragraphs (1) through (5).
``(B) Administration.--Activities under this
section shall be documented pursuant to a transparent
process and procedures developed in coordination with
the Secretary.
``(7) Reports.--
``(A) Annual reports.--
``(i) In general.--Each qualified State
association or the Alliance shall prepare an
annual report describing he development and
administration of this section, and yearly
expenditures under this section.
``(ii) Contents.--Each report required
under clause (i) shall include 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.
``(iii) Verification.--
``(I) In general.--The Alliance
shall ensure that an independent third-
party reviews each report described in
clause (i) and verifies the accuracy of
the report.
``(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).
``(B) Reports on heating oil efficiency and upgrade
program.--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).
``(C) Availability.--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.''.
SEC. 7. MARKET SURVEY AND CONSUMER PROTECTION.
Section 708 of the National Oilheat Research Alliance Act of 2000
(42 U.S.C. 6201 note; Public Law 106-469) is repealed.
SEC. 8. LOBBYING RESTRICTIONS.
Section 710 of the National Oilheat Research Alliance Act of 2000
(42 U.S.C. 6201 note; Public Law 106-469) is amended--
(1) by striking ``No funds'' and inserting the following:
``(a) In General.--No funds'';
(2) by inserting ``or to lobby'' after ``elections''; and
(3) by adding at the end the following:
``(b) Assessments.--
``(1) In general.--Subject to paragraph (2), no funds
derived from assessments collected by the Alliance under
section 707 shall be used, directly or indirectly, to influence
Federal, State, or local legislation or elections, or the
manner of administering of a law.
``(2) Information.--The Alliance may use funds described in
paragraph (1) to provide information requested by a Member of
Congress, or an official of any Federal, State, or local
agency, in the course of the official business of the Member or
official.''.
SEC. 9. NONCOMPLIANCE.
Section 712 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:
``(g) Noncompliance.--If the Alliance, a qualified State
association, or any other entity or person violates this title, the
Secretary shall--
``(1) notify Congress of the noncompliance; and
``(2) provide notice of the noncompliance on the Alliance
website.''.
SEC. 10. 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''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Energy and Power.
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