Home > 106th Congressional Bills > S. 349 (is) To allow depository institutions to offer negotiable order of withdrawal accounts to all businesses, to repeal the prohibition on the payment of interest on demand deposits, and for other purposes. [Introduced in Senate] ...S. 349 (is) To allow depository institutions to offer negotiable order of withdrawal accounts to all businesses, to repeal the prohibition on the payment of interest on demand deposits, and for other purposes. [Introduced in Senate] ...
Calendar No. 217
106th CONGRESS
1st Session
S. 348
[Report No. 106-109]
_______________________________________________________________________
A BILL
To authorize and facilitate a program to enhance training, research and
development, energy conservation and efficiency, and consumer education
in the oilheat industry for the benefit of oilheat consumers and the
public, and for other purposes.
_______________________________________________________________________
July 20, 1999
Reported with amendments
Calendar No. 217
106th CONGRESS
1st Session
S. 348
[Report No. 106-109]
To authorize and facilitate a program to enhance training, research and
development, energy conservation and efficiency, and consumer education
in the oilheat industry for the benefit of oilheat consumers and the
public, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 3, 1999
Ms. Snowe (for herself, Mr. Torricelli, Mr. Gorton, Mr. Jeffords, Ms.
Collins, Mr. Warner, Mr. Kennedy, Mr. Smith of Oregon, Mr. Robb, Mr.
Leahy, Mr. Reed, Mr. Helms, Mr. Lieberman, Mr. Bunning, Mr. Wyden, Mr.
Smith of New Hampshire, Mr. Gregg, Mr. Moynihan, Mr. Chafee, Mrs.
Murray, and Mr. Dodd) introduced the following bill; which was read
twice and referred to the Committee on Energy and Natural Resources
July 20, 1999
Reported by Mr. Murkowski, with amendments
[Omit the part struck through and insert the part printed in italic]
_______________________________________________________________________
A BILL
To authorize and facilitate a program to enhance training, research and
development, energy conservation and efficiency, and consumer education
in the oilheat industry for the benefit of oilheat consumers and the
public, 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 Research Alliance
Act of 1999''.
SEC. 2. FINDINGS.
Congress finds that--
(1) oilheat is an important commodity relied on by
approximately 30,000,000 Americans as an efficient and
economical energy source for commercial and residential space
and hot water heating;
(2) oilheat equipment operates at efficiencies among the
highest of any space heating energy source, reducing fuel costs
and making oilheat an economical means of space heating;
(3) the production, distribution, and marketing of oilheat
and oilheat equipment plays a significant role in the economy
of the United States, accounting for approximately
$12,900,000,000 in expenditures annually and employing millions
of Americans in all aspects of the oilheat industry;
(4) only very limited Federal resources have been made
available for oilheat research, development, safety, training,
and education efforts, to the detriment of both the oilheat
industry and its 30,000,000 consumers; and
(5) the cooperative development, self-financing, and
implementation of a coordinated national oilheat industry
program of research and development, training, and consumer
education is necessary and important for the welfare of the
oilheat industry, the general economy of the United States, and
the millions of Americans that rely on oilheat for commercial
and residential space and hot water heating.
SEC. 3. DEFINITIONS.
In this Act:
(1) Alliance.--The term ``Alliance'' means a national
oilheat research alliance established under section 4.
(2) Consumer education.--The term ``consumer education''
means the provision of information to assist consumers and
other persons in making evaluations and decisions regarding
oilheat and other nonindustrial commercial or residential space
or hot water heating fuels.
(3) Exchange.--The term ``exchange'' means an agreement
that--
(A) entitles each party or its customers to receive
oilheat from the other party; and
(B) requires only an insubstantial portion of the
volumes involved in the exchange to be settled in cash
or property other than the oilheat.
(4) Industry trade association.--The term ``industry trade
association'' means an organization described in paragraph (3)
or (6) of section 501(c) of the Internal Revenue Code of 1986
that is exempt from taxation under section 501(a) of that Code
and is organized for the purpose of representing the oilheat
industry.
(5) No. 1 distillate.--The term ``No. 1 distillate'' means
fuel oil classified as No. 1 distillate by the American Society
for Testing and Materials.
(6) No. 2 dyed distillate.--The term ``No. 2 dyed
distillate'' means fuel oil classified as No. 2 distillate by
the American Society for Testing and Materials that is
indelibly dyed in accordance with regulations prescribed by the
Secretary of the Treasury under section 4082(a)(2) of the
Internal Revenue Code of 1986.
(7) Oilheat.--The term ``oilheat'' means--
(A) No. 1 distillate; and
(B) No. 2 dyed distillate;
that is used as a fuel for nonindustrial commercial or
residential space or hot water heating.
(8) Oilheat industry.--
(A) In general.--The term ``oilheat industry''
means--
(i) persons in the production,
transportation, or sale of oilheat; and
(ii) persons engaged in the manufacture or
distribution of oilheat utilization equipment.
(B) Exclusion.--The term ``oilheat industry'' does
not include ultimate consumers of oilheat.
(9) Public member.--The term ``public member'' means a
member of the Alliance described in section 5(c)(1)(F).
(10) Qualified industry organization.--The term ``qualified
industry organization'' means the National Association for
Oilheat Research and Education or a successor organization.
(11) Qualified state association.--The term ``qualified
State association'' means the industry trade association or
other organization that the qualified industry organization or
the Alliance determines best represents retail marketers in a
State.
(12) Retail marketer.--The term ``retail marketer'' means a
person engaged primarily in the sale of oilheat to ultimate
consumers.
(13) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(14) Wholesale distributor.--The term ``wholesale
distributor'' means a person that--
(A)(i) produces No. 1 distillate or No. 2 dyed
distillate;
(ii) imports No. 1 distillate or No. 2 dyed
distillate; or
(iii) transports No. 1 distillate or No. 2 dyed
distillate across State boundaries or among local
marketing areas; and
(B) sells the distillate to another person that
does not produce, import, or transport No. 1 distillate
or No. 2 dyed distillate across State boundaries or
among local marketing areas.
SEC. 4. REFERENDA.
(a) Creation of Program.--
(1) In general.--The oilheat industry, through the
qualified industry organization, may conduct, at its own
expense, a referendum among retail marketers and wholesale
distributors for the establishment of a national oilheat
research alliance.
(2) Reimbursement of cost.--The Alliance, if established,
shall reimburse the qualified industry organization for the
cost of accounting and documentation for the referendum.
(3) Conduct.--A referendum under paragraph (1) shall be
conducted by an independent auditing firm.
(4) Voting rights.--
(A) Retail marketers.--Voting rights of retail
marketers in a referendum under paragraph (1) shall be
based on the volume of oilheat sold in a State by each
retail marketer in the calendar year previous to the
year in which the referendum is conducted or in another
representative period.
(B) Wholesale distributors.--Voting rights of
wholesale distributors in a referendum under paragraph
(1) shall be based on the volume of No. 1 distillate
and No. 2 dyed distillate sold in a State by each
wholesale distributor in the calendar year previous to
the year in which the referendum is conducted or in
another representative period, weighted by the ratio of
the total volume of No. 1 distillate and No. 2 dyed
distillate sold for nonindustrial commercial and
residential space and hot water heating in the State to
the total volume of No. 1 distillate and No. 2 dyed
distillate sold in that State.
(5) Establishment by approval of two-thirds.--
(A) In general.--Subject to subparagraph (B), on
approval of persons representing two-thirds of the
total volume of oilheat voted in the retail marketer
class and two-thirds of the total weighted volume of
No. 1 distillate and No. 2 dyed distillate voted in the
wholesale distributor class, the Alliance shall be
established and shall be authorized to levy assessments
under section 7.
(B) Requirement of majority of retail marketers.--
Except as provided in subsection (b), the oilheat
industry in a State shall not participate in the
Alliance if less than 50 percent of the retail marketer
vote in the State approves establishment of the
Alliance.
(6) Certification of volumes.--Each person voting in the
referendum shall certify to the independent auditing firm the
volume of oilheat, No. 1 distillate, or No. 2 dyed distillate
represented by the vote of the person.
(7) Notification.--Not later than 90 days after the date of
enactment of this Act, a qualified State association may notify
the qualified industry organization in writing that a
referendum under paragraph (1) will not be conducted in the
State.
(b) Subsequent State Participation.--The oilheat industry in a
State that has not participated initially in the Alliance may
subsequently elect to participate by conducting a referendum under
subsection (a).
(c) Termination or Suspension.--
(1) In general.--On the initiative of the Alliance or on
petition to the Alliance by retail marketers and wholesale
distributors representing 35 percent of the volume of oilheat
or weighted No. 1 distillate and No. 2 dyed distillate in each
class, the Alliance shall, at its own expense, hold a
referendum, to be conducted by an independent auditing firm
selected by the Alliance, to determine whether the oilheat
industry favors termination or suspension of the Alliance.
(2) Volume percentages required to terminate or suspend.--
Termination or suspension shall not take effect unless
termination or suspension is approved by--
(A) persons representing more than one-half of the
total volume of oilheat voted in the retail marketer
class and more than one-half of the total volume of
weighted No. 1 distillate and No. 2 dyed distillate
voted in the wholesale distributor class; or
(B) persons representing more than two-thirds of
the total volume of fuel voted in either such class.
(d) Calculation of Oilheat Sales.--For the purposes of this section
and section 5, the volume of oilheat sold annually in a State shall be
determined on the basis of information provided by the Energy
Information Administration with respect to a calendar year or other
representative period.
SEC. 5. MEMBERSHIP.
(a) Selection.--
(1) In general.--Except as provided in subsection
(c)(1)(C), the qualified industry organization shall select
members of the Alliance representing the oilheat industry in a
State 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.
(b) Representation.--In selecting members of the Alliance, the
qualified industry organization shall make best efforts to select
members that are representative of the oilheat industry, including
representation of--
(1) interstate and intrastate operators among retail
marketers;
(2) wholesale distributors of No. 1 distillate and No. 2
dyed distillate;
(3) large and small companies among wholesale distributors
and retail marketers; and
(4) diverse geographic regions of the country.
(c) Number of Members.--
(1) In general.--The membership of the Alliance shall be as
follows:
(A) One member representing each State with oilheat
sales in excess of 32,000,000 gallons per year.
(B) If fewer than 24 States are represented under
subparagraph (A), 1 member representing each of the
Other Popular 106th Congressional Bills Documents:
|
| GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information. |
 |