[106th Congress Public Law 469]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ469.106]
[[Page 114 STAT. 2029]]
Public Law 106-469
106th Congress
An Act
To extend energy conservation <<NOTE: Nov. 9, 2000 - [H.R.
2884]>> 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 <<NOTE: Energy Act of 2000.>> in Congress
assembled,
SECTION 1. <<NOTE: 42 USC 6201 note.>> SHORT TITLE.
This Act may be cited as the ``Energy Act of 2000''.
TITLE I--STRATEGIC <<NOTE: Energy Policy and Conservation Act Amendments
of 2000.>> PETROLEUM RESERVE
SEC. 101. <<NOTE: 42 USC 6201 note.>> SHORT TITLE.
This title may be cited as the ``Energy Policy and Conservation Act
Amendments of 2000''.
SEC. 102. AMENDMENT TO SECTION 2 OF THE ENERGY POLICY AND CONSERVATION
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).
SEC. 103. AMENDMENT TO TITLE I OF THE ENERGY POLICY AND CONSERVATION
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 <<NOTE: 50 USC app. 2071 note.>> 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
[[Page 114 STAT. 2030]]
(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'';
[[Page 114 STAT. 2031]]
(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);
[[Page 114 STAT. 2032]]
(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;
[[Page 114 STAT. 2033]]
``(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''.
SEC. 104. AMENDMENT TO TITLE II OF THE ENERGY POLICY AND CONSERVATION
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) <<NOTE: 42 USC 6276.>> 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''.
SEC. 105. CLERICAL AMENDMENTS.
The table of contents for the Energy Policy and Conservation Act is
amended--
[[Page 114 STAT. 2034]]
(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''.
TITLE II--HEATING OIL RESERVE
SEC. 201. NORTHEAST HOME HEATING OIL RESERVE.
(a) Title I of the Energy Policy and Conservation Act is amended
by--
(1) redesignating part D as part E;
(2) <<NOTE: 42 USC 6251.>> 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. <<NOTE: 42 USC 6250.>> (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. <<NOTE: 42 USC 6250a.>> 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
[[Page 114 STAT. 2035]]
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. <<NOTE: 42 USC 6250a.>> (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) <<NOTE: Deadline.>> 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;
[[Page 114 STAT. 2036]]
``(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. <<NOTE: 42 USC 6250c.>> (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. <<NOTE: 42 USC 6250d.>> 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. <<NOTE: 42 USC 6250e.>> There are authorized to be
appropriated for fiscal years 2001, 2002, and 2003 such sums as may be
necessary to implement this part.''.
SEC. 202. USE OF ENERGY FUTURES FOR FUEL PURCHASES.
(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
[[Page 114 STAT. 2037]]
Resources of the Senate not later than 180 days after the enactment of
this <<NOTE: Deadline.>> section. The report shall contain a review of
prior studies conducted on the subjects described in subsection (a).
TITLE III--MARGINAL WELL PURCHASES
SEC. 301. PURCHASE OF OIL FROM MARGINAL WELLS.
(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. <<NOTE: 42 USC 6247b.>> (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.''.
TITLE IV--FEDERAL ENERGY MANAGEMENT
SEC. 401. FEMP.
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''.
TITLE V--ALASKA STATE JURISDICTION OVER SMALL HYDROELECTRIC PROJECTS
SEC. 501. ALASKA STATE JURISDICTION OVER SMALL HYDROELECTRIC PROJECTS.
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. <<NOTE: 16 USC 823c.>> 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
[[Page 114 STAT. 2038]]
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
[[Page 114 STAT. 2039]]
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) <<NOTE: Notification. Deadline.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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).''.
[[Page 114 STAT. 2040]]
TITLE VI--WEATHERIZATION, SUMMER FILL, HYDROELECTRIC LICENSING
PROCEDURES, AND INVENTORY OF OIL AND GAS RESERVES
SEC. 601. CHANGES IN WEATHERIZATION PROGRAM TO PROTECT LOW-INCOME
PERSONS.
(a) <<NOTE: 42 USC 6863 note.>> 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).
SEC. 602. SUMMER FILL AND FUEL BUDGETING PROGRAMS.
(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. <<NOTE: 42 USC 6283.>> 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.
[[Page 114 STAT. 2041]]
``(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.''.
SEC. 603. EXPEDITED FERC HYDROELECTRIC LICENSING PROCEDURES.
The <<NOTE: Reports.>> 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 <<NOTE: Deadline.>> 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.
SEC. 604. <<NOTE: 42 USC 6217.>> SCIENTIFIC INVENTORY OF OIL AND GAS
RESERVES.
(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
[[Page 114 STAT. 2042]]
(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.
SEC. 605. ANNUAL HOME HEATING READINESS REPORTS.
(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. <<NOTE: 42 USC 6216.>> ANNUAL HOME HEATING READINESS
REPORTS.
``(a) <<NOTE: Deadline.>> 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.
[[Page 114 STAT. 2043]]
``(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''.
TITLE VII--NATIONAL OIL <<NOTE: National Oilheat Research Alliance Act
of 2000.>> HEAT RESEARCH ALLIANCE ACT OF 2000
SEC. 701. <<NOTE: 42 USC 6201 note.>> SHORT TITLE.
This title may be cited as the ``National Oilheat Research Alliance
Act of 2000''.
SEC. 702. <<NOTE: 42 USC 6201 note.>> 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. 703. <<NOTE: 42 USC 6201 note.>> DEFINITIONS.
In this title:
(1) Alliance.--The term ``Alliance'' means a national
oilheat research alliance established under section 704.
[[Page 114 STAT. 2044]]
(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;
[[Page 114 STAT. 2045]]
(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.
SEC. 704. <<NOTE: 42 USC 6201 note.>> 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 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
[[Page 114 STAT. 2046]]
the volume of oilheat, No. 1 distillate, or No. 2 dyed
distillate represented by the vote of the person.
(7) <<NOTE: Deadline.>> 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.
SEC. 705. <<NOTE: 42 USC 6201 note.>> 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.
[[Page 114 STAT. 2047]]
(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.
SEC. 706. <<NOTE: 42 USC 6201 note.>> FUNCTIONS.
(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;
[[Page 114 STAT. 2048]]
(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.
[[Page 114 STAT. 2049]]
(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 <<NOTE: Public information.>> 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.
[[Page 114 STAT. 2050]]
(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.
SEC. 707. <<NOTE: 42 USC 6201 note.>> ASSESSMENTS.
(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
[[Page 114 STAT. 2051]]
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) <<NOTE: Public
information.>> 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--
[[Page 114 STAT. 2052]]
(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.
SEC. 708. <<NOTE: 42 USC 6201 note.>> MARKET SURVEY AND CONSUMER
PROTECTION.
(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.
SEC. 709. <<NOTE: 42 USC 6201 note.>> COMPLIANCE.
(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.
SEC. 710. <<NOTE: 42 USC 6201 note.>> LOBBYING RESTRICTIONS.
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.
SEC. 711. <<NOTE: 42 USC 6201 note.>> DISCLOSURE.
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.
[[Page 114 STAT. 2053]]
SEC. 712. <<NOTE: 42 USC 6201 note.>> VIOLATIONS.
(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 <<NOTE: Deadline.>> 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
[[Page 114 STAT. 2054]]
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.
SEC. 713. <<NOTE: 42 USC 6201 note.>> SUNSET.
This <<NOTE: Effective date.>> title shall cease to be effective as
of the date that is 4 years after the date on which the Alliance is
established.
Approved November 9, 2000.
LEGISLATIVE HISTORY--H.R. 2884:
---------------------------------------------------------------------------
HOUSE REPORTS: No. 106-359 (Comm. on Commerce).
CONGRESSIONAL RECORD, Vol. 146 (2000):
Apr. 11, 12, considered and passed House.
Oct. 19, considered and passed Senate, amended.
Oct. 24, House concurred in Senate amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000):
Nov. 9, Presidential statement.
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