[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2884 Enrolled Bill (ENR)]
H.R.2884
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
An Act
To extend energy conservation programs under the Energy Policy and
Conservation Act through fiscal year 2003.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

ff39173a6b8d9090e9f4d82e0afd8839eed273990337154c122f0a58954fb408

This Act may be cited as the ``Energy Act of 2000''.

927d74dfe8b18f20501f3dbec9ff42e7527f65d6b56436aa84f57137d3f7389d

This title may be cited as the ``Energy Policy and Conservation Act
Amendments of 2000''.

52c73ff46e12a673225634e6659b76cdc34c5c79bbc12fe2930d26c98dd0dc0a

TITLE I

-STRATEGIC PETROLEUM RESERVE

ACT.
Section 2 of the Energy Policy and Conservation Act (42 U.S.C.
6201) is amended--
(1) in paragraph (1) by striking ``standby'' and ``, subject to
congressional review, to impose rationing, to reduce demand for
energy through the implementation of energy conservation plans,
and''; and
(2) by striking paragraphs (3) and (6).

297777c26166c867bf5623a619096858ef05acd000ec55ce5d04b7c49df4d62a

ACT.
Title I of the Energy Policy and Conservation Act (42 U.S.C. 6211-
6251) is amended--
(1) by striking section 102 (42 U.S.C. 6211) and its heading;
(2) by striking section 104(b)(1);
(3) by striking section 106 (42 U.S.C. 6214) and its heading;
(4) by amending section 151(b) (42 U.S.C. 6231) to read as
follows:
``(b) It is the policy of the United States to provide for the
creation of a Strategic Petroleum Reserve for the storage of up to 1
billion barrels of petroleum products to reduce the impact of
disruptions in supplies of petroleum products, to carry out obligations
of the United States under the international energy program, and for
other purposes as provided for in this Act.'';
(5) in section 152 (42 U.S.C. 6232)--
(A) by striking paragraphs (1), (3), and (7); and
(B) in paragraph (11) by striking ``; such term includes
the Industrial Petroleum Reserve, the Early Storage Reserve,
and the Regional Petroleum Reserve''.
(6) by striking section 153 (42 U.S.C. 6233) and its heading;
(7) in section 154 (42 U.S.C. 6234)--
(A) by amending subsection (a) to read as follows:
``(a) A Strategic Petroleum Reserve for the storage of up to 1
billion barrels of petroleum products shall be created pursuant to this
part.'';
(B) by amending subsection (b) to read as follows:
``(b) The Secretary, in accordance with this part, shall exercise
authority over the development, operation, and maintenance of the
Reserve.''; and
(C) by striking subsections (c), (d), and (e);
(8) by striking section 155 (42 U.S.C. 6235) and its heading;
(9) by striking section 156 (42 U.S.C. 6236) and its heading;
(10) by striking section 157 (42 U.S.C. 6237) and its heading;
(11) by striking section 158 (42 U.S.C. 6238) and its heading;
(12) by amending the heading for section 159 (42 U.S.C. 6239)
to read, ``Development, Operation, and Maintenance of the
Reserve'';
(13) in section 159 (42 U.S.C. 6239)--
(A) by striking subsections (a), (b), (c), (d), and (e);
(B) by amending subsection (f) to read as follows:
``(f) In order to develop, operate, or maintain the Strategic
Petroleum Reserve, the Secretary may--
``(1) issue rules, regulations, or orders;
``(2) acquire by purchase, condemnation, or otherwise, land or
interests in land for the location of storage and related
facilities;
``(3) construct, purchase, lease, or otherwise acquire storage
and related facilities;
``(4) use, lease, maintain, sell or otherwise dispose of land
or interests in land, or of storage and related facilities acquired
under this part, under such terms and conditions as the Secretary
considers necessary or appropriate;
``(5) acquire, subject to the provisions of section 160, by
purchase, exchange, or otherwise, petroleum products for storage in
the Strategic Petroleum Reserve;
``(6) store petroleum products in storage facilities owned and
controlled by the United States or in storage facilities owned by
others if those facilities are subject to audit by the United
States;
``(7) execute any contracts necessary to develop, operate, or
maintain the Strategic Petroleum Reserve;
``(8) bring an action, when the Secretary considers it
necessary, in any court having jurisdiction over the proceedings,
to acquire by condemnation any real or personal property, including
facilities, temporary use of facilities, or other interests in
land, together with any personal property located on or used with
the land.''; and
(C) in subsection (g)--
(i) by striking ``implementation'' and inserting
``development''; and
(ii) by striking ``Plan'';
(D) by striking subsections (h) and (i);
(E) by amending subsection (j) to read as follows:
``(j) If the Secretary determines expansion beyond 700,000,000
barrels of petroleum product inventory is appropriate, the Secretary
shall submit a plan for expansion to the Congress.''; and
(F) by amending subsection (l) to read as follows:
``(l) During a drawdown and sale of Strategic Petroleum Reserve
petroleum products, the Secretary may issue implementing rules,
regulations, or orders in accordance with section 553 of title 5,
United States Code, without regard to rulemaking requirements in
section 523 of this Act, and section 501 of the Department of Energy
Organization Act (42 U.S.C. 7191).'';
(14) in section 160 (42 U.S.C. 6240)--
(A) in subsection (a), by striking all before the dash and
inserting the following--
``(a) The Secretary may acquire, place in storage, transport, or
exchange'';
(B) in subsection (a)(1) by striking all after ``Federal
lands'';
(C) in subsection (b), by striking ``, including the Early
Storage Reserve and the Regional Petroleum Reserve'' and by
striking paragraph (2); and
(D) by striking subsections (c), (d), (e), and (g);
(15) in section 161 (42 U.S.C. 6241)--
(A) by striking ``Distribution of the Reserve'' in the
title of this section and inserting ``Sale of Petroleum
Products'';
(B) in subsection (a), by striking ``drawdown and
distribute'' and inserting ``drawdown and sell petroleum
products in'';
(C) by striking subsections (b), (c), and (f);
(D) by amending subsection (d)(1) to read as follows:
``(d)(1) Drawdown and sale of petroleum products from the Strategic
Petroleum Reserve may not be made unless the President has found
drawdown and sale are required by a severe energy supply interruption
or by obligations of the United States under the international energy
program.'';
(E) by amending subsection (e) to read as follows:
``(e)(1) The Secretary shall sell petroleum products withdrawn from
the Strategic Petroleum Reserve at public sale to the highest qualified
bidder in the amounts, for the period, and after a notice of sale
considered appropriate by the Secretary, and without regard to Federal,
State, or local regulations controlling sales of petroleum products.
``(2) The Secretary may cancel in whole or in part any offer to
sell petroleum products as part of any drawdown and sale under this
section.''; and
(F) in subsection (g)--
(i) by amending paragraph (1) to read as follows:
``(g)(1) The Secretary shall conduct a continuing evaluation of the
drawdown and sales procedures. In the conduct of an evaluation, the
Secretary is authorized to carry out a test drawdown and sale or
exchange of petroleum products from the Reserve. Such a test drawdown
and sale or exchange may not exceed 5,000,000 barrels of petroleum
products.'';
(ii) by striking paragraph (2);
(iii) in paragraph (4), by striking ``90'' and
inserting ``95'';
(iv) in paragraph (5), by striking ``drawdown and
distribution'' and inserting ``test'';
(v) by amending paragraph (6) to read as follows:
``(6) In the case of a sale of any petroleum products under
this subsection, the Secretary shall, to the extent funds are
available in the SPR Petroleum Account as a result of such sale,
acquire petroleum products for the Reserve within the 12-month
period beginning after completion of the sale.''; and
(vi) in paragraph (8), by striking ``drawdown and
distribution'' and inserting ``test'';
(G) in subsection (h)--
(i) in paragraph (1) by striking ``distribute'' and
inserting ``sell petroleum products from'';
(ii) by striking ``and'' at the end of paragraph (1)(A)
and by striking ``shortage,'' at the end of paragraph
(1)(B) and inserting ``shortage; and
``(C) the Secretary of Defense has found that action taken
under this subsection will not impair national security,'';
(iii) in paragraph (2) by striking ``In no case may the
Reserve'' and inserting ``Petroleum products from the
Reserve may not''; and
(iv) in paragraph (3) by striking ``distribution'' each
time it appears and inserting ``sale'';
(16) by striking section 164 (42 U.S.C. 6244) and its heading;
(17) by amending section 165 (42 U.S.C. 6245) and its heading
to read as follows:
``Annual Report
``Sec. 165. The Secretary shall report annually to the President
and the Congress on actions taken to implement this part. This report
shall include--
``(1) the status of the physical capacity of the Reserve and
the type and quantity of petroleum products in the Reserve;
``(2) an estimate of the schedule and cost to complete planned
equipment upgrade or capital investment in the Reserve, including
upgrades and investments carried out as part of operational
maintenance or extension of life activities;
``(3) an identification of any life-limiting conditions or
operational problems at any Reserve facility, and proposed remedial
actions including an estimate of the schedule and cost of
implementing those remedial actions;
``(4) a description of current withdrawal and distribution
rates and capabilities, and an identification of any operational or
other limitations on those rates and capabilities;
``(5) a listing of petroleum product acquisitions made in the
preceding year and planned in the following year, including
quantity, price, and type of petroleum;
``(6) a summary of the actions taken to develop, operate, and
maintain the Reserve;
``(7) a summary of the financial status and financial
transactions of the Strategic Petroleum Reserve and Strategic
Petroleum Reserve Petroleum Accounts for the year;
``(8) a summary of expenses for the year, and the number of
Federal and contractor employees;
``(9) the status of contracts for development, operation,
maintenance, distribution, and other activities related to the
implementation of this part;
``(10) a summary of foreign oil storage agreements and their
implementation status;
``(11) any recommendations for supplemental legislation or
policy or operational changes the Secretary considers necessary or
appropriate to implement this part.'';
(18) in section 166 (42 U.S.C. 6246) by striking ``for fiscal
year 1997.'';
(19) in section 167 (42 U.S.C. 6247)--
(A) in subsection (b)--
(i) by striking ``and the drawdown'' and inserting
``for test sales of petroleum products from the Reserve,
and for the drawdown, sale,'';
(ii) by striking paragraph (1); and
(iii) in paragraph (2), by striking ``after fiscal year
1982''; and
(B) by striking subsection (e);
(20) in section 171 (42 U.S.C. 6249)--
(A) by amending subsection (b)(2)(B) to read as follows:
``(B) the Secretary notifies each House of the Congress of
the determination and identifies in the notification the
location, type, and ownership of storage and related facilities
proposed to be included, or the volume, type, and ownership of
petroleum products proposed to be stored, in the Reserve, and
an estimate of the proposed benefits.'';
(B) in subsection (b)(3), by striking ``distribution of''
and inserting ``sale of petroleum products from'';
(21) in section 172 (42 U.S.C. 6249a), by striking subsections
(a) and (b);
(22) by striking section 173 (42 U.S.C. 6249b) and its heading;
and
(23) in section 181 (42 U.S.C. 6251), by striking ``March 31,
2000'' each time it appears and inserting ``September 30, 2003''.

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ACT.
Title II of the Energy Policy and Conservation Act (42 U.S.C. 6211-
6251) is amended--
(1) by striking part A (42 U.S.C. 6261 through 6264) and its
heading;
(2) by adding at the end of section 256(h), ``There are
authorized to be appropriated for fiscal years 2000 through 2003,
such sums as may be necessary.''.
(3) by striking part C (42 U.S.C. 6281 through 6282) and its
heading; and
(4) in section 281 (42 U.S.C. 6285), by striking ``March 31,
2000'' each time it appears and inserting ``September 30, 2003''.

5970e71abef49640dd3a1e2491b87a0c336dfbaf735f282ec0f7846eda70d909

The table of contents for the Energy Policy and Conservation Act is
amended--
(1) by striking the items relating to sections 102, 106, 153,
155, 156, 157, 158, and 164;
(2) by amending the item relating to section 159 to read as
follows: ``Development, Operation, and Maintenance of the
Reserve.'';
(3) by amending the item relating to section 161 to read as
follows: ``Drawdown and Sale of Petroleum Products''; and
(4) by amending the item relating to section 165 to read as
follows: ``Annual Report''.

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(a) Title I of the Energy Policy and Conservation Act is amended
by--
(1) redesignating part D as part E;
(2) redesignating section 181 as section 191; and
(3) inserting after part C the following new part D:
``Part D--Northeast Home Heating Oil Reserve
``establishment
``Sec. 181. (a) Notwithstanding any other provision of this Act,
the Secretary may establish, maintain, and operate in the Northeast a
Northeast Home Heating Oil Reserve. A Reserve established under this
part is not a component of the Strategic Petroleum Reserve established
under part B of this title. A Reserve established under this part shall
contain no more than 2 million barrels of petroleum distillate.
``(b) For the purposes of this part--
``(1) the term `Northeast' means the States of Maine, New
Hampshire, Vermont, Massachusetts, Connecticut, Rhode Island, New
York, Pennsylvania, and New Jersey;
``(2) the term `petroleum distillate' includes heating oil and
diesel fuel; and
``(3) the term `Reserve' means the Northeast Home Heating Oil
Reserve established under this part.
``authority
``Sec. 182. To the extent necessary or appropriate to carry out
this part, the Secretary may--
``(1) purchase, contract for, lease, or otherwise acquire, in
whole or in part, storage and related facilities, and storage
services;
``(2) use, lease, maintain, sell, or otherwise dispose of
storage and related facilities acquired under this part;
``(3) acquire by purchase, exchange (including exchange of
petroleum products from the Strategic Petroleum Reserve or received
as royalty from Federal lands), lease, or otherwise, petroleum
distillate for storage in the Northeast Home Heating Oil Reserve;
``(4) store petroleum distillate in facilities not owned by the
United States; and
``(5) sell, exchange, or otherwise dispose of petroleum
distillate from the Reserve established under this part, including
to maintain the quality or quantity of the petroleum distillate in
the Reserve or to maintain the operational capability of the
Reserve.
``conditions for release; plan
``Sec. 183. (a) Finding.--The Secretary may sell products from the
Reserve only upon a finding by the President that there is a severe
energy supply interruption. Such a finding may be made only if he
determines that--
``(1) a dislocation in the heating oil market has resulted from
such interruption; or
``(2) a circumstance, other than that described in paragraph
(1), exists that constitutes a regional supply shortage of
significant scope and duration and that action taken under this
section would assist directly and significantly in reducing the
adverse impact of such shortage.
``(b) Definition.--For purposes of this section a `dislocation in
the heating oil market' shall be deemed to occur only when--
``(1) The price differential between crude oil, as reflected in
an industry daily publication such as `Platt's Oilgram Price
Report' or `Oil Daily' and No. 2 heating oil, as reported in the
Energy Information Administration's retail price data for the
Northeast, increases by more tan 60 percent over its 5 year rolling
average for the months of mid-October through March, and continues
for 7 consecutive days; and
``(2) The price differential continues to increase during the
most recent week for which price information is available.
``(c) Continuing Evaluation.--The Secretary shall conduct a
continuing evaluation of the residential price data supplied by the
Energy Information Administration for the Northeast and data on crude
oil prices from published sources.
``(d) Release of Petroleum Distillate.--After consultation with the
heating oil industry, the Secretary shall determine procedures
governing the release of petroleum distillate from the Reserve. The
procedures shall provide that--
``(1) the Secretary may--
``(A) sell petroleum distillate from the Reserve through a
competitive process, or
``(B) enter into exchange agreements for the petroleum
distillate that results in the Secretary receiving a greater
volume of petroleum distillate as repayment than the volume
provided to the acquirer;
``(2) in all such sales or exchanges, the Secretary shall
receive revenue or its equivalent in petroleum distillate that
provides the Department with fair market value. At no time may the
oil be sold or exchanged resulting in a loss of revenue or value to
the United States; and
``(3) the Secretary shall only sell or dispose of the oil in
the Reserve to entities customarily engaged in the sale and
distribution of petroleum distillate.
``(e) Plan.--Within 45 days of the date of the enactment of this
section, the Secretary shall transmit to the President and, if the
President approves, to the Congress a plan describing--
``(1) the acquisition of storage and related facilities or
storage services for the Reserve, including the potential use of
storage facilities not currently in use;
``(2) the acquisition of petroleum distillate for storage in
the Reserve;
``(3) the anticipated methods of disposition of petroleum
distillate from the Reserve;
``(4) the estimated costs of establishment, maintenance, and
operation of the Reserve;
``(5) efforts the Department will take to minimize any
potential need for future drawdowns and ensure that distributors
and importers are not discouraged from maintaining and increasing
supplies to the Northeast; and
``(6) actions to ensure quality of the petroleum distillate in
the Reserve.
``northeast home heating oil reserve account
``Sec. 184. (a) Upon a decision of the Secretary of Energy to
establish a Reserve under this part, the Secretary of the Treasury
shall establish in the Treasury of the United States an account known
as the `Northeast Home Heating Oil Reserve Account' (referred to in
this section as the `Account').
``(b) the Secretary of the Treasury shall deposit in the Account
any amounts appropriated to the Account and any receipts from the sale,
exchange, or other disposition of petroleum distillate from the
Reserve.
``(c) The Secretary of Energy may obligate amounts in the Account
to carry out activities under this part without the need for further
appropriation, and amounts available to the Secretary of Energy for
obligation under this section shall remain available without fiscal
year limitation.
``exemptions
``Sec. 185. An action taken under this part is not subject to the
rulemaking requirements of section 523 of this Act, section 501 of the
Department of Energy Organization Act, or section 553 of title 5,
United States Code.
``authorization of appropriations
``Sec. 186. There are authorized to be appropriated for fiscal
years 2001, 2002, and 2003 such sums as may be necessary to implement
this part.''.

0e82991b5470bdac9454fdddb78581b48475c4137cef213bd8678c82e7a89699

TITLE II

-HEATING OIL RESERVE

(a) Heating Oil Study.--The Secretary shall conduct a study on--
(1) the use of energy futures and options contracts to provide
cost-effective protection from sudden surges in the price of
heating oil (including No. 2 fuel oil, propane, and kerosene) for
State and local government agencies, consumer cooperatives, and
other organizations that purchase heating oil in bulk to market to
end use consumers in the Northeast (as defined in section 201); and
(2) how to most effectively inform organizations identified in
paragraph (1) about the benefits and risks of using energy futures
and options contracts.
(b) Report.--The Secretary shall transmit the study required in
this section to the Committee on Commerce of the House of
Representatives and the Committee on Energy and Natural Resources of
the Senate not later than 180 days after the enactment of this section.
The report shall contain a review of prior studies conducted on the
subjects described in subsection (a).

b7fd18a6c1c358ac410efbaea49529e8ee0fc559beae86740f420627163bc02f

(a) Purchase of Oil From Marginal Wells.--Part B of title I of the
Energy Policy and Conservation Act (42 U.S.C. 6232 et seq.) is amended
by adding the following new section after section 168:
``purchase of oil from marginal wells
``Sec. 169. (a) In General.--From amounts authorized under section
166, in any case in which the price of oil decreases to an amount less
than $15.00 per barrel (an amount equal to the annual average well head
price per barrel for all domestic crude oil), adjusted for inflation,
the Secretary may purchase oil from a marginal well at $15.00 per
barrel, adjusted for inflation.
``(b) Definition of Marginal Well.--The term `marginal well' has
the same meaning as the definition of `stripper well property' in
section 613A(c)(6)(E) of the Internal Revenue Code (26 U.S.C.
613A(c)(6)(E)).''.
(b) Conforming Amendment.--The table of contents for the Energy
Policy and Conservation Act is amended by inserting after the item
relating to section 168 the following:
``Sec. 169. Purchase of oil from marginal wells.''.

b553319e07b66041483edd8bc086a3ea151dccfaa26aec33a4c11676b13fafa8

TITLE III

-MARGINAL WELL PURCHASES

Section 801 of the National Energy Conservation Policy Act (42
U.S.C. 8287(a)(2)(D)(iii), is amended by striking ``$750,000'' and
inserting ``$10,000,000''.

0853008d35d713ebc8c96b039afaad5d8286658d0cc60bea77853eda2f5455e1

TITLE IV

-FEDERAL ENERGY MANAGEMENT

Part I of the Federal Power Act (16 U.S.C. 792 et seq.) is amended
by adding at the end the following:
``SEC. 32. ALASKA STATE JURISDICTION OVER SMALL HYDROELECTRIC PROJECTS.
``(a) Discontinuance of Regulation by the Commission.--
Notwithstanding sections 4(e) and 23(b), the Commission shall
discontinue exercising licensing and regulatory authority under this
part over qualifying project works in the State of Alaska, effective on
the date on which the Commission certifies that the State of Alaska has
in place a regulatory program for water-power development that--
``(1) protects the public interest, the purposes listed in
paragraph (2), and the environment to the same extent provided by
licensing and regulation by the Commission under this part and
other applicable Federal laws, including the Endangered Species Act
(16 U.S.C. 1531 et seq.) and the Fish and Wildlife Coordination Act
(16 U.S.C. 661 et seq.);
``(2) gives equal consideration to the purposes of--
``(A) energy conservation;
``(B) the protection, mitigation of damage to, and
enhancement of, fish and wildlife (including related spawning
grounds and habitat);
``(C) the protection of recreational opportunities;
``(D) the preservation of other aspects of environmental
quality;
``(E) the interests of Alaska Natives; and
``(F) other beneficial public uses, including irrigation,
flood control, water supply, and navigation; and
``(3) requires, as a condition of a license for any project
works--
``(A) the construction, maintenance, and operation by a
licensee at its own expense of such lights and signals as may
be directed by the Secretary of the Department in which the
Coast Guard is operating, and such fishways as may be
prescribed by the Secretary of the Interior or the Secretary of
Commerce, as appropriate;
``(B) the operation of any navigation facilities which may
be constructed as part of any project to be controlled at all
times by such reasonable rules and regulations as may be made
by the Secretary of the Army; and
``(C) conditions for the protection, mitigation, and
enhancement of fish and wildlife based on recommendations
received pursuant to the Fish and Wildlife Coordination Act (16
U.S.C. 661 et seq.) from the National Marine Fisheries Service,
the United States Fish and Wildlife Service, and State fish and
wildlife agencies.
``(b) Definition of `Qualifying Project Works'.--For purposes of
this section, the term `qualifying project works' means project works--
``(1) that are not part of a project licensed under this part
or exempted from licensing under this part or section 405 of the
Public Utility Regulatory Policies Act of 1978 prior to the date of
the enactment of this section;
``(2) for which a preliminary permit, a license application, or
an application for an exemption from licensing has not been
accepted for filing by the Commission prior to the date of the
enactment of subsection (c) (unless such application is withdrawn
at the election of the applicant);
``(3) that are part of a project that has a power production
capacity of 5,000 kilowatts or less;
``(4) that are located entirely within the boundaries of the
State of Alaska; and
``(5) that are not located in whole or in part on any Indian
reservation, a conservation system unit (as defined in section
102(4) of the Alaska National Interest Lands Conservation Act (16
U.S.C. 3102(4))), or segment of a river designated for study for
addition to the Wild and Scenic Rivers System.
``(c) Election of State Licensing.--In the case of nonqualifying
project works that would be a qualifying project works but for the fact
that the project has been licensed (or exempted from licensing) by the
Commission prior to the enactment of this section, the licensee of such
project may in its discretion elect to make the project subject to
licensing and regulation by the State of Alaska under this section.
``(d) Project Works on Federal Lands.--With respect to projects
located in whole or in part on a reservation, a conservation system
unit, or the public lands, a State license or exemption from licensing
shall be subject to--
``(1) the approval of the Secretary having jurisdiction over
such lands; and
``(2) such conditions as the Secretary may prescribe.
``(e) Consultation With Affected Agencies.--The Commission shall
consult with the Secretary of the Interior, the Secretary of
Agriculture, and the Secretary of Commerce before certifying the State
of Alaska's regulatory program.
``(f) Application of Federal Laws.--Nothing in this section shall
preempt the application of Federal environmental, natural resources, or
cultural resources protection laws according to their terms.
``(g) Oversight by the Commission.--The State of Alaska shall
notify the Commission not later than 30 days after making any
significant modification to its regulatory program. The Commission
shall periodically review the State's program to ensure compliance with
the provisions of this section.
``(h) Resumption of Commission Authority.--Notwithstanding
subsection (a), the Commission shall reassert its licensing and
regulatory authority under this part if the Commission finds that the
State of Alaska has not complied with one or more of the requirements
of this section.
``(i) Determination by the Commission.--(1) Upon application by the
Governor of the State of Alaska, the Commission shall within 30 days
commence a review of the State of Alaska's regulatory program for
water-power development to determine whether it complies with the
requirements of subsection (a).
``(2) The Commission's review required by paragraph (1) shall be
completed within 1 year of initiation, and the Commission shall within
30 days thereafter issue a final order determining whether or not the
State of Alaska's regulatory program for water-power development
complies with the requirements of subsection (a).
``(3) If the Commission fails to issue a final order in accordance
with paragraph (2) the State of Alaska's regulatory program for water-
power development shall be deemed to be in compliance with subsection
(a).''.
PROCEDURES, AND INVENTORY OF OIL AND GAS RESERVES

178f3dc5a20263ba173783c38a91c7072e5c06d40352cc476ca33373f1c4ec9f

TITLE V

-ALASKA STATE JURISDICTION OVER SMALL HYDROELECTRIC PROJECTS

PERSONS.
(a) The matter under the heading, ``Energy Conservation (including
transfer of funds)'' in title II of the Department of the Interior and
Related Agencies Appropriations Act, 2000 (113 Stat. 1535, 1501A-180),
is amended by striking ``grants:'' and all that follows and inserting
``grants.''.
(b) Section 415 of the Energy Conservation and Production Act (42
U.S.C. 6865) is amended--
(1) in subsection (a)(1) by striking the first sentence;
(2) in subsection (a)(2) by--
(A) striking ``(A)'';
(B) striking ``approve a State's application to waive the
40 percent requirement established in paragraph (1) if the
State includes in its plan'' and inserting ``establish''; and
(C) striking subparagraph (B);
(3) in subsection (c)(1) by--
(A) striking ``paragraphs (3) and (4)'' and inserting
``paragraph (3)'';
(B) striking ``$1,600'' and inserting ``$2,500'';
(C) striking ``and'' at the end of subparagraph (C);
(D) striking the period and inserting ``, and'' in
subparagraph (D); and
(E) inserting after subparagraph (D) the following new
subparagraph:
``(E) the cost of making heating and cooling modifications,
including replacement'';
(4) in subsection (c)(3) by--
(A) striking ``1991, the $1,600 per dwelling unit
limitation'' and inserting ``2000, the $2,500 per dwelling unit
average'';
(B) striking ``limitation'' and inserting ``average'' each
time it appears; and
(C) inserting ``the'' after ``beginning of'' in
subparagraph (B); and
(5) by striking subsection (c)(4).

f77be120d7b4e2d92a8d1c1e2517740c2ced2d7bcf68cb5b57e8a3edc842e9ca

TITLE VI

-WEATHERIZATION, SUMMER FILL, HYDROELECTRIC LICENSING

(a) Part C of title II of the Energy Policy and Conservation Act
(42 U.S.C. 6211 et seq.) is amended by adding at the end the following:
``SEC. 273. SUMMER FILL AND FUEL BUDGETING PROGRAMS.
``(a) Definitions.--In this section:
``(1) Budget contract.--The term `budget contract' means a
contract between a retailer and a consumer under which the heating
expenses of the consumer are spread evenly over a period of months.
``(2) Fixed-price contract.--The term `fixed-price contract'
means a contract between a retailer and a consumer under which the
retailer charges the consumer a set price for propane, kerosene, or
heating oil without regard to market price fluctuations.
``(3) Price cap contract.--The term `price cap contract' means
a contract between a retailer and a consumer under which the
retailer charges the consumer the market price for propane,
kerosene, or heating oil, but the cost of the propane, kerosene, or
heating oil may exceed a maximum amount stated in the contract.
``(b) Assistance.--At the request of the chief executive officer of
a State, the Secretary shall provide information, technical assistance,
and funding--
``(1) to develop education and outreach programs to encourage
consumers to fill their storage facilities for propane, kerosene,
and heating oil during the summer months; and
``(2) to promote the use of budget contracts, price cap
contracts, fixed-price contracts, and other advantageous financial
arrangements,
to avoid severe seasonal price increases for and supply shortages of
those products.
``(c) Preference.--In implementing this section, the Secretary
shall give preference to States that contribute public funds or
leverage private funds to develop State summer fill and fuel budgeting
programs.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) $25,000,000 for fiscal year 2001; and
``(2) such sums as are necessary for each fiscal year
thereafter.
``(e) Inapplicability of Expiration Provision.--Section 281 does
not apply to this section.''.
(b) The table of contents in the first section of the Energy Policy
and Conservation Act (42 U.S.C. prec. 6201) is amended by inserting
after the item relating to section 272 the following:
``Sec. 273. Summer fill and fuel budgeting programs.''.

c7ab224b0deefb552445055f5131ce672b5b428dbdcc4035d706d8c23b774558

The Federal Energy Regulatory Commission shall, in consultation
with other appropriate agencies, immediately undertake a comprehensive
review of policies, procedures, and regulations for the licensing of
hydroelectric projects to determine how to reduce the cost and time of
obtaining a license. The Commission shall report its findings within 6
months of the date of the enactment of this section to the Congress,
including any recommendations for legislative changes.

e5653e1c7e48f97adb3b73a1e03f515f4f7b13b530a9de14fdf900aed4a051e0

(a) In General.--The Secretary of the Interior, in consultation
with the Secretaries of Agriculture and Energy, shall conduct an
inventory of all onshore Federal lands. The inventory shall identify--
(1) the United States Geological Survey reserve estimates of
the oil and gas resources underlying these lands; and
(2) the extent and nature of any restrictions or impediments to
the development of such resources.
(b) Regular Update.--Once completed, the USGS reserve estimates and
the surface availability data as provided in subsection (a)(2) shall be
regularly updated and made publically available.
(c) Inventory.--The inventory shall be provided to the Committee on
Resources of the House of Representatives and to the Committee on
Energy and Natural Resources of the Senate within 2 years after the
date of the enactment of this section.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to implement this section.

3d1c2a11e07f52b717a11565f31396fa2e4c7662ecd5a02e998cd4936e7261e5

(a) In General.--Part A of title I of the Energy Policy and
Conservation Act (42 U.S.C. 6211 et seq.) is amended by adding at the
end the following:
``SEC. 108. ANNUAL HOME HEATING READINESS REPORTS.
``(a) In General.--On or before September 1 of each year, the
Secretary, acting through the Administrator of the Energy Information
Agency, shall submit to Congress a Home Heating Readiness Report on the
readiness of the natural gas, heating oil and propane industries to
supply fuel under various weather conditions, including rapid decreases
in temperature.
``(b) Contents.--The Home Heating Readiness Report shall include--
``(1) estimates of the consumption, expenditures, and average
price per gallon of heating oil and propane and thousand cubic feet
of natural gas for the upcoming period of October through March for
various weather conditions, with special attention to extreme
weather, and various regions of the country;
``(2) an evaluation of--
``(A) global and regional crude oil and refined product
supplies;
``(B) the adequacy and utilization of refinery capacity;
``(C) the adequacy, utilization, and distribution of
regional refined product storage capacity;
``(D) weather conditions;
``(E) the refined product transportation system;
``(F) market inefficiencies; and
``(G) any other factor affecting the functional capability
of the heating oil industry and propane industry that has the
potential to affect national or regional supplies and prices;
``(3) recommendations on steps that the Federal, State, and
local governments can take to prevent or alleviate the impact of
sharp and sustained increases in the price of natural gas, heating
oil, and propane; and
``(4) recommendations on steps that companies engaged in the
production, refining, storage, transportation of heating oil or
propane, or any other activity related to the heating oil industry
or propane industry, can take to prevent or alleviate the impact of
sharp and sustained increases in the price of heating oil and
propane.
``(c) Information Requests.--The Secretary may request information
necessary to prepare the Home Heating Readiness Report from companies
described in subsection (b)(4).''.
(b) Conforming and Technical Amendments.--The Energy Policy and
Conservation Act is amended--
(1) in the table of contents in the first section (42 U.S.C.
prec. 6201), by inserting after the item relating to section 106
the following:
``Sec. 107. Major fuel burning stationary source.
``Sec. 108. Annual home heating readiness reports.'';
and
(2) in section 107 (42 U.S.C. 6215), by striking ``Sec. 107.
(a) No Governor'' and inserting the following:
``SEC. 107. MAJOR FUEL BURNING STATIONARY SOURCE.
``(a) No Governor''.

01d17b50380a5291ae44849ce8c545613d9b9c593c7c87c2ddec86e41cee51ff

This title may be cited as the ``National Oilheat Research Alliance
Act of 2000''.

1c65789db37c06bae5a781128645d069253984b783ad7884f0994bf84f4d295d

TITLE VII

-NATIONAL OIL HEAT RESEARCH ALLIANCE ACT OF 2000

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.

c7eb848d81b8a93a8c49709a3cbb4d56cdc3b6098aa10b214fd354bd013bf238

In this title:
(1) Alliance.--The term ``Alliance'' means a national oilheat
research alliance established under section 704.
(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 705(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.
(15) State.--The term ``State'' means the several States,
except the State of Alaska.

c56b92328d470b9b1f700fa7bd0e7df33c23a2de4c7b6851f1e7389cf552d972

(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 707.
(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 the
enactment of this title, 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 25 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 persons representing more than one-
half of the total volume of oilheat voted in the retail marketer
class or more than one-half of the total volume of weighted No. 1
distillate and No. 2 dyed distillate voted in the wholesale
distributor class.
(3) Termination by a state.--A State may elect to terminate
participation by notifying the Alliance that 50 percent of the
oilheat volume in the State has voted in a referendum to withdraw.
(d) Calculation of Oilheat Sales.--For the purposes of this section
and section 705, 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.

c6cdc180e80d1792dc3d0e2c6b3f3a1745f9c8046cefe23eb2964d71563244b4

(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), one member representing each of the States
with the highest volume of annual oilheat sales, as necessary
to cause the total number of States represented under
subparagraph (A) and this subparagraph to equal 24.
(C) Five representatives of retail marketers, one each to
be selected by the qualified State associations of the five
States with the highest volume of annual oilheat sales.
(D) Five additional representatives of retail marketers.
(E) Twenty-one representatives of wholesale distributors.
(F) Six public members, who shall be representatives of
significant users of oilheat, the oilheat research community,
State energy officials, or other groups knowledgeable about
oilheat.
(2) Full-time owners or employees.--Other than the public
members, Alliance members shall be full-time owners or employees of
members of the oilheat industry, except that members described in
subparagraphs (C), (D), and (E) of paragraph (1) may be employees
of the qualified industry organization or an industry trade
association.
(d) Compensation.--Alliance members shall receive no compensation
for their service, nor shall Alliance members be reimbursed for
expenses relating to their service, except that public members, on
request, may be reimbursed for reasonable expenses directly related to
participation in meetings of the Alliance.
(e) Terms.--
(1) In general.--Subject to paragraph (4), a member of the
Alliance shall serve a term of 3 years, except that a member
filling an unexpired term may serve a total of 7 consecutive years.
(2) Term limit.--A member may serve not more than two full
consecutive terms.
(3) Former members.--A former member of the Alliance may be
returned to the Alliance if the member has not been a member for a
period of 2 years.
(4) Initial appointments.--Initial appointments to the Alliance
shall be for terms of 1, 2, and 3 years, as determined by the
qualified industry organization, staggered to provide for the
subsequent selection of one-third of the members each year.

552a99f55b554a0102d08293ea8b9b842933fff780758f7d8e195469414b0fce

(a) In General.--
(1) Programs, projects; contracts and other agreements.--The
Alliance--
(A) shall develop programs and projects and enter into
contracts or other agreements with other persons and entities
for implementing this title, including programs--
(i) to enhance consumer and employee safety and
training;
(ii) to provide for research, development, and
demonstration of clean and efficient oilheat utilization
equipment; and
(iii) for consumer education; and
(B) may provide for the payment of the costs of carrying
out subparagraph (A) with assessments collected under section
707.
(2) Coordination.--The Alliance shall coordinate its activities
with industry trade associations and other persons as appropriate
to provide efficient delivery of services and to avoid unnecessary
duplication of activities.
(3) Activities.--
(A) Exclusions.--Activities under clause (i) or (ii) of
paragraph (1)(A) shall not include advertising, promotions, or
consumer surveys in support of advertising or promotions.
(B) Research, development, and demonstration activities.--
(i) In general.--Research, development, and
demonstration activities under paragraph (1)(A)(ii) shall
include--
(I) all activities incidental to research,
development, and demonstration of clean and efficient
oilheat utilization equipment; and
(II) the obtaining of patents, including payment of
attorney's fees for making and perfecting a patent
application.
(ii) Excluded activities.--Research, development, and
demonstration activities under paragraph (1)(A)(ii) shall
not include research, development, and demonstration of
oilheat utilization equipment with respect to which
technically feasible and commercially feasible operations
have been verified, except that funds may be provided for
improvements to existing equipment until the technical
feasibility and commercial feasibility of the operation of
those improvements have been verified.
(b) Priorities.--In the development of programs and projects, the
Alliance shall give priority to issues relating to--
(1) research, development, and demonstration;
(2) safety;
(3) consumer education; and
(4) training.
(c) Administration.--
(1) Officers; committees; bylaws.--The Alliance--
(A) shall select from among its members a chairperson and
other officers as necessary;
(B) may establish and authorize committees and
subcommittees of the Alliance to take specific actions that the
Alliance is authorized to take; and
(C) shall adopt bylaws for the conduct of business and the
implementation of this title.
(2) Solicitation of oilheat industry comment and
recommendations.--The Alliance shall establish procedures for the
solicitation of oilheat industry comment and recommendations on any
significant contracts and other agreements, programs, and projects
to be funded by the Alliance.
(3) Advisory committees.--The Alliance may establish advisory
committees consisting of persons other than Alliance members.
(4) Voting.--Each member of the Alliance shall have one vote in
matters before the Alliance.
(d) Administrative Expenses.--
(1) In general.--The administrative expenses of operating the
Alliance (not including costs incurred in the collection of
assessments under section 707) plus amounts paid under paragraph
(2) shall not exceed 7 percent of the amount of assessments
collected in any calendar year, except that during the first year
of operation of the Alliance such expenses and amounts shall not
exceed 10 percent of the amount of assessments.
(2) Reimbursement of the secretary.--
(A) In general.--The Alliance shall annually reimburse the
Secretary for costs incurred by the Federal Government relating
to the Alliance.
(B) Limitation.--Reimbursement under subparagraph (A) for
any calendar year shall not exceed the amount that the
Secretary determines is twice the average annual salary of one
employee of the Department of Energy.
(e) Budget.--
(1) Publication of proposed budget.--Before August 1 of each
year, the Alliance shall publish for public review and comment a
proposed budget for the next calendar year, including the probable
costs of all programs, projects, and contracts and other
agreements.
(2) Submission to the secretary and congress.--After review and
comment under paragraph (1), the Alliance shall submit the proposed
budget to the Secretary and Congress.
(3) Recommendations by the secretary.--The Secretary may
recommend for inclusion in the budget programs and activities that
the Secretary considers appropriate.
(4) Implementation.--The Alliance shall not implement a
proposed budget until the expiration of 60 days after submitting
the proposed budget to the Secretary.
(f) Records; Audits.--
(1) Records.--The Alliance shall--
(A) keep records that clearly reflect all of the acts and
transactions of the Alliance; and
(B) make the records available to the public.
(2) Audits.--
(A) In general.--The records of the Alliance (including fee
assessment reports and applications for refunds under section
707(b)(4)) shall be audited by a certified public accountant at
least once each year and at such other times as the Alliance
may designate.
(B) Availability of audit reports.--Copies of each audit
report shall be provided to the Secretary, the members of the
Alliance, and the qualified industry organization, and, on
request, to other members of the oilheat industry.
(C) Policies and procedures.--
(i) In general.--The Alliance shall establish policies
and procedures for auditing compliance with this title.
(ii) Conformity with gaap.--The policies and procedures
established under clause (i) shall conform with generally
accepted accounting principles.
(g) Public Access to Alliance Proceedings.--
(1) Public notice.--The Alliance shall give at least 30 days'
public notice of each meeting of the Alliance.
(2) Meetings open to the public.--Each meeting of the Alliance
shall be open to the public.
(3) Minutes.--The minutes of each meeting of the Alliance shall
be made available to and readily accessible by the public.
(h) Annual Report.--Each year the Alliance shall prepare and make
publicly available a report that--
(1) includes a description of all programs, projects, and
contracts and other agreements undertaken by the Alliance during
the previous year and those planned for the current year; and
(2) details the allocation of Alliance resources for each such
program and project.

d25accd64fe707e437f93a967c5a3b0aa9906169f4e6ce08b399596670d24bd6

(a) Rate.--The assessment rate shall be equal to two-tenths-cent
per gallon of No. 1 distillate and No. 2 dyed distillate.
(b) Collection Rules.--
(1) Collection at point of sale.--The assessment shall be
collected at the point of sale of No. 1 distillate and No. 2 dyed
distillate by a wholesale distributor to a person other than a
wholesale distributor, including a sale made pursuant to an
exchange.
(2) Responsibility for payment.--A wholesale distributor--
(A) shall be responsible for payment of an assessment to
the Alliance on a quarterly basis; and
(B) shall provide to the Alliance certification of the
volume of fuel sold.
(3) No ownership interest.--A person that has no ownership
interest in No. 1 distillate or No. 2 dyed distillate shall not be
responsible for payment of an assessment under this section.
(4) Failure to receive payment.--
(A) Refund.--A wholesale distributor that does not receive
payments from a purchaser for No. 1 distillate or No. 2 dyed
distillate within 1 year of the date of sale may apply for a
refund from the Alliance of the assessment paid.
(B) Amount.--The amount of a refund shall not exceed the
amount of the assessment levied on the No. 1 distillate or No.
2 dyed distillate for which payment was not received.
(5) Importation after point of sale.--The owner of No. 1
distillate or No. 2 dyed distillate imported after the point of
sale--
(A) shall be responsible for payment of the assessment to
the Alliance at the point at which the product enters the
United States; and
(B) shall provide to the Alliance certification of the
volume of fuel imported.
(6) Late payment charge.--The Alliance may establish a late
payment charge and rate of interest to be imposed on any person who
fails to remit or pay to the Alliance any amount due under this
title.
(7) Alternative collection rules.--The Alliance may establish,
or approve a request of the oilheat industry in a State for, an
alternative means of collecting the assessment if another means is
determined to be more efficient or more effective.
(c) Sale for Use Other Than as Oilheat.--No. 1 distillate and No. 2
dyed distillate sold for uses other than as oilheat are excluded from
the assessment.
(d) Investment of Funds.--Pending disbursement under a program,
project or contract or other agreement the Alliance may invest funds
collected through assessments, and any other funds received by the
Alliance, only--
(1) in obligations of the United States or any agency of the
United States;
(2) in general obligations of any State or any political
subdivision of a State;
(3) in any interest-bearing account or certificate of deposit
of a bank that is a member of the Federal Reserve System; or
(4) in obligations fully guaranteed as to principal and
interest by the United States.
(e) State, Local, and Regional Programs.--
(1) Coordination.--The Alliance shall establish a program
coordinating the operation of the Alliance with the operator of any
similar State, local, or regional program created under State law
(including a regulation), or similar entity.
(2) Funds made available to qualified state associations.--
(A) In general.--
(i) Base amount.--The Alliance shall make available to
the qualified State association of each State an amount
equal to 15 percent of the amount of assessments collected
in the State.
(ii) Additional amount.--
(I) In general.--A qualified State association may
request that the Alliance provide to the association
any portion of the remaining 85 percent of the amount
of assessments collected in the State.
(II) Request requirements.--A request under this
clause shall--
(aa) specify the amount of funds requested;
(bb) describe in detail the specific uses for
which the requested funds are sought;
(cc) include a commitment to comply with this
title in using the requested funds; and
(dd) be made publicly available.
(III) Direct benefit.--The Alliance shall not
provide any funds in response to a request under this
clause unless the Alliance determines that the funds
will be used to directly benefit the oilheat industry.
(IV) Monitoring; terms, conditions, and reporting
requirements.--The Alliance shall--
(aa) monitor the use of funds provided under
this clause; and
(bb) impose whatever terms, conditions, and
reporting requirements that the Alliance considers
necessary to ensure compliance with this title.

95930e336a0e955a7ac87ed53e2217790a330e0e1fd164eee6395d5220632626

(a) Price Analysis.--Beginning 2 years after establishment of the
Alliance and annually thereafter, the Secretary of Commerce, using only
data provided by the Energy Information Administration and other public
sources, shall prepare and make available to the Congress, the
Alliance, the Secretary of Energy, and the public, an analysis of
changes in the price of oilheat relative to other energy sources. The
oilheat price analysis shall compare indexed changes in the price of
consumer grade oilheat to a composite of indexed changes in the price
of residential electricity, residential natural gas, and propane on an
annual national average basis. For purposes of indexing changes in
oilheat, residential electricity, residential natural gas, and propane
prices, the Secretary of Commerce shall use a 5-year rolling average
price beginning with the year 4 years prior to the establishment of the
Alliance.
(b) Authority To Restrict Activities.--If in any year the 5-year
average price composite index of consumer grade oilheat exceeds the 5-
year rolling average price composite index of residential electricity,
residential natural gas, and propane in an amount greater than 10.1
percent, the activities of the Alliance shall be restricted to research
and development, training, and safety matters. The Alliance shall
inform the Secretary of Energy and the Congress of any restriction of
activities under this subsection. Upon expiration of 180 days after the
beginning of any such restriction of activities, the Secretary of
Commerce shall again conduct the oilheat price analysis described in
subsection (a). Activities of the Alliance shall continue to be
restricted under this subsection until the price index excess is 10.1
percent or less.

cf904dc8fd30a693ffaa0e3a9efbfca2a8de8d3534eea75f737377303387e1a2

(a) In General.--The Alliance may bring a civil action in United
States district court to compel payment of an assessment under section
707.
(b) Costs.--A successful action for compliance under this section
may also require payment by the defendant of the costs incurred by the
Alliance in bringing the action.

f1175e2aeadd5daf9fee41d31579b278a7e0b127bcd1be0bbefa05f5593fc36a

No funds derived from assessments under section 707 collected by
the Alliance shall be used to influence legislation or elections,
except that the Alliance may use such funds to formulate and submit to
the Secretary recommendations for amendments to this title or other
laws that would further the purposes of this title.

896ede8a3272af4b715352a759ce6f8b79a0a8c21d3e4b42fbf711aa65db9eb6

Any consumer education activity undertaken with funds provided by
the Alliance shall include a statement that the activities were
supported, in whole or in part, by the Alliance.

3bf961b95fe1eacaaa99fe49ecf4bd1e872f871ae1ea3417af07fb496cd81335

(a) Prohibition.--It shall be unlawful for any person to conduct a
consumer education activity, undertaken with funds derived from
assessments collected by the Alliance under section 707, that
includes--
(1) a reference to a private brand name;
(2) a false or unwarranted claim on behalf of oilheat or
related products; or
(3) a reference with respect to the attributes or use of any
competing product.
(b) Complaints.--
(1) In general.--A public utility that is aggrieved by a
violation described in subsection (a) may file a complaint with the
Alliance.
(2) Transmittal to qualified state association.--A complaint
shall be transmitted concurrently to any qualified State
association undertaking the consumer education activity with
respect to which the complaint is made.
(3) Cessation of activities.--On receipt of a complaint under
this subsection, the Alliance, and any qualified State association
undertaking the consumer education activity with respect to which
the complaint is made, shall cease that consumer education activity
until--
(A) the complaint is withdrawn; or
(B) a court determines that the conduct of the activity
complained of does not constitute a violation of subsection
(a).
(c) Resolution by Parties.--
(1) In general.--Not later than 10 days after a complaint is
filed and transmitted under subsection (b), the complaining party,
the Alliance, and any qualified State association undertaking the
consumer education activity with respect to which the complaint is
made shall meet to attempt to resolve the complaint.
(2) Withdrawal of complaint.--If the issues in dispute are
resolved in those discussions, the complaining party shall withdraw
its complaint.
(d) Judicial Review.--
(1) In general.--A public utility filing a complaint under this
section, the Alliance, a qualified State association undertaking
the consumer education activity with respect to which a complaint
under this section is made, or any person aggrieved by a violation
of subsection (a) may seek appropriate relief in United States
district court.
(2) Relief.--A public utility filing a complaint under this
section shall be entitled to temporary and injunctive relief
enjoining the consumer education activity with respect to which a
complaint under this section is made until--
(A) the complaint is withdrawn; or
(B) the court has determined that the consumer education
activity complained of does not constitute a violation of
subsection (a).
(e) Attorney's Fees.--
(1) Meritorious case.--In a case in Federal court in which the
court grants a public utility injunctive relief under subsection
(d), the public utility shall be entitled to recover an attorney's
fee from the Alliance and any qualified State association
undertaking the consumer education activity with respect to which a
complaint under this section is made.
(2) Nonmeritorious case.--In any case under subsection (d) in
which the court determines a complaint under subsection (b) to be
frivolous and without merit, the prevailing party shall be entitled
to recover an attorney's fee.
(f) Savings Clause.--Nothing in this section shall limit causes of
action brought under any other law.

aa8b9069679a27b7e1515951288c0fa6c7d33217b0fcde90fd7f439cbee459d1

This title shall cease to be effective as of the date that is 4
years after the date on which the Alliance is established.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

4a07ca6beae0ff308aaf945e691b7f93aab84ab0162d7db91e6b2fd43e509d24

Energy Act of 2000

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