[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3442 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3442

To reauthorize the National Oilheat Reliance Alliance Act of 2000, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 1, 2008

  Mr. Reed (for himself and Ms. Snowe) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
To reauthorize the National Oilheat Reliance Alliance Act of 2000, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. NATIONAL OILHEAT RESEARCH ALLIANCE ACT OF 2000.

    (a) Findings.--Section 702 of the National Oilheat Research 
Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is 
amended by striking ``oilheat'' each place it appears and inserting 
``oilheat fuel''.
    (b) Definitions.--Section 703 of the National Oilheat Research 
Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is 
amended--
            (1) by striking ``oilheat'' each place it appears (other 
        than paragraph (10)) and inserting ``oilheat fuel'';
            (2) by striking paragraph (7) and inserting the following:
            ``(7) Oilheat fuel.--The term `oilheat fuel' means 
        distillate liquid that is used as a fuel for nonindustrial 
        commercial or residential space or hot water heating.'';
            (3) in paragraph (8), by striking ``Oilheat'' and inserting 
        ``Oilheat fuel'';
            (4) in paragraph (14)--
                    (A) by striking ``No. 1 distillate or No. 2 dyed 
                distillate'' each place it appears and inserting 
                ``distillate liquid''; and
                    (B) in subparagraph (B), by striking ``sells the 
                distillate'' and inserting ``sells the distillate 
                liquid'';
            (5) by redesignating paragraphs (3) through (13) and (14) 
        as paragraphs (4) through (14) and (16), respectively, and 
        moving paragraph (16) (as so redesignated) to appear after 
        paragraph (15); and
            (6) by inserting after paragraph (2) the following:
            ``(3) Distillate liquid.--The term `distillate liquid' 
        means--
                    ``(A) No. 1 distillate;
                    ``(B) No. 2 dyed distillate; or
                    ``(C) a liquid blended with No. 1 distillate or No. 
                2 dyed distillate.''.
    (c) Referenda.--Section 704 of the National Oilheat Research 
Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is 
amended--
            (1) by striking ``oilheat'' each place it appears and 
        inserting ``oilheat fuel'';
            (2) by striking ``No. 1 distillate and No. 2 dyed 
        distillate'' each place it appears in subsections (a) and (c) 
        and inserting ``distillate liquid'';
            (3) in subsection (a)--
                    (A) in paragraph (5)(B), by striking ``Except as 
                provided in subsection (b), the'' and inserting 
                ``The''; and
                    (B) in paragraph (6), by striking ``, No. 1 
                distillate, or No. 2 dyed distillate'' and inserting 
                ``or distillate liquid''; and
            (4) in subsection (b), by striking ``under'' and inserting 
        ``consistent with''.
    (d) Membership.--Section 705 of the National Oilheat Research 
Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is 
amended--
            (1) by striking ``oilheat'' each place it appears and 
        inserting ``oilheat fuel'';
            (2) in subsection (b)(2), by striking ``No. 1 distillate 
        and No. 2 dyed distillate'' and inserting ``distillate 
        liquid''; and
            (3) by striking subsection (c) and inserting the following:
    ``(c) Number of Members.--
            ``(1) In general.--The membership of the Alliance shall be 
        as follows:
                    ``(A) 1 member representing each State 
                participating in the Alliance.
                    ``(B) 5 representatives of retail marketers, of 
                whom 1 shall be selected by each of the qualified State 
                associations of the 5 States with the highest volume of 
                annual oilheat fuel sales.
                    ``(C) 5 additional representatives of retail 
                marketers.
                    ``(D) 21 representatives of wholesale distributors.
                    ``(E) 6 public members, who shall be 
                representatives of significant users of oilheat fuel, 
                the oilheat fuel research community, State energy 
                officials, or other groups with expertise in oilheat 
                fuel.
            ``(2) Full-time owners or employees.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), other than the public members of the 
                Alliance, Alliance members shall be full-time 
                managerial owners or employees of members of the 
                oilheat fuel industry.
                    ``(B) Employees.--Members described in 
                subparagraphs (B), (C), and (D) of paragraph (1) may be 
                employees of the qualified industry organization or an 
                industry trade association.''.
    (e) Functions.--Section 706 of the National Oilheat Research 
Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is 
amended by striking ``oilheat'' each place it appears and inserting 
``oilheat fuel''.
    (f) Assessments.--Section 707 of the National Oilheat Research 
Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is 
amended--
            (1) by striking ``oilheat'' each place it appears and 
        inserting ``oilheat fuel'';
            (2) by striking subsection (a) and inserting the following:
    ``(a) Rate.--
            ``(1) In general.--The assessment rate for calendar years 
        2008 and 2009 shall be equal to \2/10\ of 1 cent per gallon of 
        distillate liquid.
            ``(2) Subsequent assessments.--Subject to paragraphs (3) 
        and (4), beginning with calendar year 2010, the annual 
        assessment rate shall be sufficient to cover the costs of the 
        plans and programs developed by the Alliance.
            ``(3) Maximum rate.--The annual assessment rate shall not 
        exceed \1/2\ of 1 cent per gallon of distillate liquid.
            ``(4) Limitations on increase.--
                    ``(A) In general.--The annual assessment shall not 
                be increased by more than \1/2\ of 1 cent per gallon in 
                any 1 year.
                    ``(B) Approval.--No increase in the assessment may 
                occur unless the increase is approved by \2/3\ of the 
                members voting at a regularly scheduled meeting of the 
                Alliance.
                    ``(C) Notice.--The Alliance shall provide notice of 
                a change in assessment at least 90 days before the date 
                on which the change is to take effect.'';
            (3) in subsection (b)--
                    (A) by striking ``No. 1 distillate or No. 2 dyed 
                distillate'' each place it appears and inserting 
                ``distillate liquid''; and
                    (B) in paragraphs (2)(B) and (5)(B), by striking 
                ``fuel'' each place it appears and inserting 
                ``distillate liquid''; and
            (4) in subsection (c), by striking ``No. 1 distillate and 
        No. 2 dyed distillate'' and inserting ``Distillate liquid''.
    (g) Market Survey and Consumer Protection.--Section 708 of the 
National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; 
Public Law 106-469) is amended by striking ``oilheat'' each place it 
appears and inserting ``oilheat fuel''.
    (h) Violations.--Section 712(a) of the National Oilheat Research 
Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is 
amended--
            (1) in paragraph (2), by striking ``oilheat'' and inserting 
        ``oilheat fuel''; and
            (2) by striking paragraph (3) and inserting the following:
            ``(3) a direct reference to a competing product.''.
    (i) Repeal of Sunset.--Section 713 of the National Oilheat Research 
Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is 
repealed.
                                 <all>