[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 913 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                 S. 913

    To amend the National Oilheat Research Alliance Act of 2000 to 
       reauthorize and improve that Act, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 9, 2013

 Mrs. Shaheen (for herself, Ms. Collins, Mr. Blumenthal, Mr. Reed, Mr. 
Whitehouse, Mr. Cowan, Mr. Coons, Mr. Murphy, Mrs. Gillibrand, and Mr. 
   Sanders) introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
    To amend the National Oilheat Research Alliance Act of 2000 to 
       reauthorize and improve that Act, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Oilheat Efficiency, Renewable Fuel 
Research and Jobs Training Act of 2013''.

SEC. 2. FINDINGS AND PURPOSES.

    Section 702 of the National Oilheat Research Alliance Act of 2000 
(42 U.S.C. 6201 note; Public Law 106-469) is amended--
            (1) in paragraph (4), by striking ``and'' after the 
        semicolon at the end;
            (2) by striking the period at the end and inserting a 
        semicolon; and
            (3) by adding at the end the following:
            ``(6) consumers of oilheat fuel are provided service by 
        thousands of small businesses that are unable to individually 
        develop training programs to facilitate the entry of new and 
        qualified workers into the oilheat fuel industry;
            ``(7) small businesses and trained employees are in an 
        ideal position--
                    ``(A) to provide information to consumers about the 
                benefits of improved efficiency; and
                    ``(B) to encourage consumers to value efficiency in 
                energy choices and assist individuals in conserving 
                energy;
            ``(8) additional research is necessary--
                    ``(A) to improve oilheat fuel equipment; and
                    ``(B) to develop domestic renewable resources that 
                can be used to safely and affordably heat homes;
            ``(9) since there are no Federal resources available to 
        assist the oilheat fuel industry, it is necessary and 
        appropriate to develop a self-funded program dedicated--
                    ``(A) to improving efficiency in customer homes;
                    ``(B) to assist individuals to gain employment in 
                the oilheat fuel industry; and
                    ``(C) to develop domestic renewable resources;
            ``(10) both consumers of oilheat fuel and retailers would 
        benefit from the self-funded program; and
            ``(11) the oilheat fuel industry is committed to providing 
        appropriate funding necessary to carry out the purposes of this 
        title without passing additional costs on to residential 
        consumers.''.

SEC. 3. DEFINITIONS.

    (a) In General.--Section 703 of the National Oilheat Research 
Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is 
amended--
            (1) by redesignating paragraphs (3) through (15) as 
        paragraphs (4) through (16), respectively;
            (2) by inserting after paragraph (2) the following:
            ``(3) Cost-effective.--The term `cost-effective', with 
        respect to a program or activity carried out under section 
        707(f)(4), means that the program or activity meets a total 
        resource cost test under which--
                    ``(A) the net present value of economic benefits 
                over the life of the program or activity, including 
                avoided supply and delivery costs and deferred or 
                avoided investments; is greater than
                    ``(B) the net present value of the economic costs 
                over the life of the program or activity, including 
                program costs and incremental costs borne by the energy 
                consumer.''; and
            (3) by striking paragraph (8) (as redesignated in paragraph 
        (1)) and inserting the following:
            ``(8) Oilheat fuel.--The term `oilheat fuel' means fuel 
        that--
                    ``(A) is--
                            ``(i) No. 1 distillate;
                            ``(ii) No. 2 dyed distillate;
                            ``(iii) a liquid blended with No. 1 
                        distillate or No. 2 dyed distillate; or
                            ``(iv) a biobased liquid; and
                    ``(B) is used as a fuel for nonindustrial 
                commercial or residential space or hot water 
                heating.''.
    (b) Conforming Amendments.--
            (1) The National Oilheat Research Alliance Act of 2000 (42 
        U.S.C. 6201 note; Public Law 106-469) is amended by striking 
        ``oilheat'' each place it appears and inserting ``oilheat 
        fuel''.
            (2) Section 704(d) of the National Oilheat Research 
        Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) 
        is amended in the subsection heading by striking ``Oilheat'' 
        and inserting ``Oilheat Fuel''.
            (3) Section 706(c)(2) of the National Oilheat Research 
        Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) 
        is amended in the paragraph heading by striking ``oilheat'' and 
        inserting ``oilheat fuel''.
            (4) Section 707(c) of the National Oilheat Research 
        Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) 
        is amended in the subsection heading by striking ``Oilheat'' 
        and inserting ``Oilheat Fuel''.

SEC. 4. MEMBERSHIP.

    (a) Selection.--Section 705 of the National Oilheat Research 
Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is 
amended by striking subsection (a) and inserting the following:
    ``(a) Selection.--
            ``(1) List.--
                    ``(A) In general.--The Alliance shall provide to 
                the Secretary a list of qualified nominees for 
                membership in the Alliance.
                    ``(B) Requirement.--Except as provided in 
                subsection (c)(1)(C), members of the Alliance shall be 
                representatives of the oilheat fuel industry in a 
                State, selected from a list of nominees submitted by 
                the qualified State association in the State.
            ``(2) Vacancies.--A vacancy in the Alliance shall be filled 
        in the same manner as the original selection.
            ``(3) Secretarial action.--
                    ``(A) In general.--The Secretary shall have 60 days 
                to review nominees provided under paragraph (1).
                    ``(B) Failure to act.--If the Secretary takes no 
                action during the 60-day period described in 
                subparagraph (A), the nominees shall be considered to 
                be members of the Alliance.''.
    (b) Representation.--Section 705(b) of the National Oilheat 
Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) 
is amended in the matter preceding paragraph (1) by striking 
``qualified industry organization'' and inserting ``Alliance''.
    (c) Number of Members.--Section 705(c) of the National Oilheat 
Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) 
is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) In general.--The Alliance shall be composed of the 
        following members:
                    ``(A) 1 member representing each State 
                participating in the Alliance.
                    ``(B) 5 representatives of retail marketers, of 
                whom 1 shall be selected by each of the qualified State 
                associations of the 5 States with the highest volume of 
                annual oilheat fuel sales.
                    ``(C) 5 additional representatives of retail 
                marketers.
                    ``(D) 21 representatives of wholesale distributors.
                    ``(E) 6 public members, who shall be 
                representatives of significant users of oilheat fuel, 
                the oilheat fuel research community, State energy 
                officials, or other groups with expertise in oilheat 
                fuel, including consumer and low-income advocacy 
                groups.''; and
            (2) in paragraph (2), by striking ``the qualified industry 
        organization or''.

SEC. 5. FUNCTIONS.

    (a) Renewable Fuel Research.--Section 706(a)(3)(B)(i)(I) of the 
National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; 
Public Law 106-469) is amended by inserting before the semicolon at the 
end the following: ``, including research to develop renewable fuels 
and to examine the compatibility of different renewable fuels with 
oilheat fuel utilization equipment, with priority given to research on 
the development and use of advanced biofuels''.
    (b) Biennial Budgets.--Section 706(e) of the National Oilheat 
Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) 
is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) Publication of proposed budget.--Not later than 
        August 1, 2013, and every 2 years thereafter, the Alliance 
        shall, in consultation with the Secretary, develop and publish 
        for public review and comment a proposed biennial budget for 
        the next 2 calendar years, including the probable operating and 
        planning costs of all programs, projects, and contracts and 
        other agreements.''; and
            (2) by striking paragraph (4) and inserting the following:
            ``(4) Implementation.--
                    ``(A) In general.--The Alliance shall not implement 
                a proposed budget until the expiration of 60 days after 
                submitting the proposed budget to the Secretary.
                    ``(B) Recommendations for changes by secretary.--
                            ``(i) In general.--The Secretary may 
                        recommend to the Alliance changes to the budget 
                        programs and activities of the Alliance that 
                        the Secretary considers appropriate.
                            ``(ii) Response by alliance.--Not later 
                        than 30 days after the receipt of any 
                        recommendations made under clause (i), the 
                        Alliance shall submit to the Secretary a final 
                        budget for the next 2 calendar years that 
                        incorporates or includes a description of the 
                        response of the Alliance to any changes 
                        recommended under clause (i).''.

SEC. 6. ASSESSMENTS.

    (a) In General.--Section 707 of the National Oilheat Research 
Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is 
amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) Rate.--
            ``(1) In general.--The assessment rate for calendar years 
        2013 and 2014 shall be equal to \2/10\ of 1 cent per gallon of 
        oilheat fuel.
            ``(2) Subsequent assessments.--Subject to paragraph (3), 
        effective beginning with calendar year 2015, the annual 
        assessment rate shall be sufficient to cover the costs of the 
        plans and programs developed by the Alliance.
            ``(3) Limitations on increase.--
                    ``(A) In general.--The annual assessment shall not 
                exceed \1/2\ of 1 cent per gallon of oilheat fuel.
                    ``(B) Limitation.--The annual assessment may not 
                change by more than \1/10\ of 1 cent per gallon of 
                oilheat fuel in any 12 month-period.
                    ``(C) Approval.--No increase in the assessment may 
                occur unless--
                            ``(i) the increase is approved by \3/4\ of 
                        the members voting at a regularly scheduled 
                        meeting of the Alliance; and
                            ``(ii) at least 90 days before the date of 
                        the meeting of the Alliance, the Alliance 
                        provides notice of the proposed increase to the 
                        Committee on Energy and Natural Resources of 
                        the Senate and the Committee on Energy and 
                        Commerce of the House of Representatives.''; 
                        and
            (2) in subsection (b), by adding at the end the following:
            ``(8) Prohibition on pass through.--None of the assessments 
        collected under this title may be passed through or otherwise 
        required to be paid by residential consumers of oilheat 
        fuel.''.
    (b) Funds Made Available to Qualified State Associations.--Section 
707(e)(2) of the National Oilheat Research Alliance Act of 2000 (42 
U.S.C. 6201 note; Public Law 106-469) is amended by adding at the end 
the following:
                    ``(B) Separate accounts.--As a condition of receipt 
                of funds made available to a qualified State 
                association under this title, the qualified State 
                association shall deposit the funds in an account that 
                is separate from other funds of the qualified State 
                association.''.
    (c) Administration.--Section 707 of the National Oilheat Research 
Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is 
amended by adding at the end the following:
    ``(f) Use of Assessments.--
            ``(1) In general.--Notwithstanding any other provision of 
        this title, the Secretary and the Alliance shall ensure that 
        assessments collected for each calendar year under this title 
        are allocated and used in accordance with this subsection.
            ``(2) Research, development, and demonstration.--
                    ``(A) In general.--The Alliance shall ensure that 
                not less than 30 percent of the assessments collected 
                for each calendar year under this title are used by 
                qualified State associations or the Alliance to conduct 
                research, development, and demonstration activities 
                relating to oilheat fuel, including the development of 
                energy-efficient heating and the transition and 
                facilitation of the entry of energy-efficient heating 
                systems into the marketplace.
                    ``(B) Coordination.--The Alliance shall coordinate 
                with the Secretary to develop priorities for the use of 
                assessments under this paragraph.
                    ``(C) Plan.--The Alliance shall develop a 
                coordinated research plan to carry out research 
                programs and activities under this section.
                    ``(D) Report.--
                            ``(i) In general.--No later than 1 year 
                        after date of enactment of this subsection, the 
                        Alliance shall prepare a report on the use of 
                        biofuels in oilheat fuel utilization equipment.
                            ``(ii) Contents.--The report required under 
                        clause (i) shall--
                                    ``(I) provide information on the 
                                environmental benefits, economic 
                                benefits, and any technical limitations 
                                on the use of biofuels in oilheat fuel 
                                utilization equipment; and
                                    ``(II) describe market acceptance 
                                of the fuel, and information on State 
                                and local governments that are 
                                encouraging the use of biofuels in 
                                oilheat fuel utilization equipment.
                            ``(iii) Copies.--The Alliance shall submit 
                        a copy of the report required under clause (i) 
                        to--
                                    ``(I) Congress;
                                    ``(II) the Governor of each State, 
                                and other appropriate State leaders, in 
                                which the Alliance is operating; and
                                    ``(III) the Administrator of the 
                                Environmental Protection Agency.
                    ``(E) Consumer education materials.--The Alliance, 
                in conjunction with an institution or organization 
                engaged in biofuels research, shall develop consumer 
                education materials describing the benefits of using 
                biofuels as or in oilheat fuel based on the technical 
                information developed in the report required under 
                subparagraph (D) and other information generally 
                available.
            ``(3) Cost sharing.--
                    ``(A) In general.--In carrying out a research, 
                development, demonstration, or commercial application 
                program or activity that is commenced after the date of 
                enactment of this subsection, the Alliance shall 
                require cost sharing in accordance with this section.
                    ``(B) Research and development.--
                            ``(i) In general.--Except as provided in 
                        clauses (ii) and (iii), the Alliance shall 
                        require that not less than 20 percent of the 
                        cost of a research or development program or 
                        activity described in subparagraph (A) to be 
                        provided by a source other than the Alliance.
                            ``(ii) Exclusion.--Clause (i) shall not 
                        apply to a research or development program or 
                        activity described in subparagraph (A) that is 
                        of a basic or fundamental nature, as determined 
                        by the Alliance.
                            ``(iii) Reduction.--The Alliance may reduce 
                        or eliminate the requirement of clause (i) for 
                        a research and development program or activity 
                        of an applied nature if the Alliance determines 
                        that the reduction is necessary and 
                        appropriate.
                    ``(C) Demonstration and commercial application.--
                The Alliance shall require that not less than 50 
                percent of the cost of a demonstration or commercial 
                application program or activity described in 
                subparagraph (A) to be provided by a source other than 
                the Alliance.
            ``(4) Heating oil efficiency and upgrade program.--
                    ``(A) In general.--The Alliance shall ensure that 
                not less than 15 percent of the assessments collected 
                for each calendar year under this title are used by 
                qualified State associations or the Alliance to carry 
                out programs to assist consumers--
                            ``(i) to make cost-effective upgrades to 
                        more fuel efficient heating oil systems or 
                        otherwise make cost-effective modifications to 
                        an existing heating system to improve the 
                        efficiency of the system;
                            ``(ii) to improve energy efficiency or 
                        reduce energy consumption through cost-
                        effective energy efficiency programs for 
                        consumers; or
                            ``(iii) to improve the safe operation of a 
                        heating system.
                    ``(B) Plan.--The Alliance shall, to the maximum 
                extent practicable, coordinate, develop, and implement 
                the programs and activities of the Alliance in 
                conjunction with existing State energy efficiency 
                program administrators.
                    ``(C) Administration.--
                            ``(i) In general.--In carrying out this 
                        paragraph, the Alliance shall, to the maximum 
                        extent practicable, ensure that heating system 
                        conversion assistance is coordinated with, and 
                        developed after consultation with, persons or 
                        organizations responsible for administering--
                                    ``(I) the low-income home energy 
                                assistance program established under 
                                the Low-Income Home Energy Assistance 
                                Act of 1981 (42 U.S.C. 8621 et seq.);
                                    ``(II) the Weatherization 
                                Assistance Program for Low-Income 
                                Persons established under part A of 
                                title IV of the Energy Conservation and 
                                Production Act (42 U.S.C. 6861 et 
                                seq.); or
                                    ``(III) other energy efficiency 
                                programs administered by the State or 
                                other parties in the State.
                            ``(ii) Distribution of funds.--The Alliance 
                        shall ensure that funds distributed to carry 
                        out this paragraph are--
                                    ``(I) distributed equitably to 
                                States based on the proportional 
                                contributions of the States through 
                                collected assessments;
                                    ``(II) used to supplement (and not 
                                supplant) State or alternative sources 
                                of funding for energy efficiency 
                                programs; and
                                    ``(III) used only to carry out this 
                                paragraph.
            ``(5) Consumer education, safety, and training.--The 
        Alliance shall ensure that not more than 35 percent of the 
        assessments collected for each calendar year under this title 
        are used--
                    ``(A) to conduct consumer education activities 
                relating to oilheat fuel, including providing 
                information to consumers on--
                            ``(i) energy conservation strategies;
                            ``(ii) safety;
                            ``(iii) new technologies that reduce 
                        consumption or improve safety and comfort;
                            ``(iv) the use of biofuels blends; and
                            ``(v) Federal, State, and local programs 
                        designed to assist oilheat fuel consumers;
                    ``(B) to conduct worker safety and training 
                activities relating to oilheat fuel, including energy 
                efficiency training (including classes to obtain 
                Building Performance Institute or Residential Energy 
                Services Network certification);
                    ``(C) to carry out other activities recommended by 
                the Secretary; or
                    ``(D) to the maximum extent practicable, a data 
                collection process established, in collaboration with 
                the Secretary or other appropriate Federal agencies, to 
                track equipment, service, and related safety issues and 
                to develop measures to improve safety.
            ``(6) Administrative costs.--
                    ``(A) In general.--The Alliance shall ensure that 
                not more than 5 percent of the assessments collected 
                for each calendar year under this title are used for--
                            ``(i) administrative costs; or
                            ``(ii) indirect costs incurred in carrying 
                        out paragraphs (1) through (5).
                    ``(B) Administration.--Activities under this 
                section shall be documented pursuant to a transparent 
                process and procedures developed in coordination with 
                the Secretary.
            ``(7) Reports.--
                    ``(A) Annual reports.--
                            ``(i) In general.--Each qualified State 
                        association or the Alliance shall prepare an 
                        annual report describing the development and 
                        administration of this section, and yearly 
                        expenditures under this section.
                            ``(ii) Contents.--Each report required 
                        under clause (i) shall include a description of 
                        the use of proceeds under this section, 
                        including a description of--
                                    ``(I) advancements made in energy-
                                efficient heating systems and biofuel 
                                heating oil blends; and
                                    ``(II) heating system upgrades and 
                                modifications and energy efficiency 
                                programs funded under this section.
                            ``(iii) Verification.--
                                    ``(I) In general.--The Alliance 
                                shall ensure that an independent third-
                                party reviews each report described in 
                                clause (i) and verifies the accuracy of 
                                the report.
                                    ``(II) Councils.--If a State has a 
                                stakeholder efficiency oversight 
                                council, the council shall be the 
                                entity that reviews and verifies the 
                                report of the State association or 
                                Alliance for the State under clause 
                                (i).
                    ``(B) Reports on heating oil efficiency and upgrade 
                program.--At least once every 3 years, the Alliance 
                shall prepare a detailed report describing the consumer 
                savings, cost-effectiveness of, and the lifetime and 
                annual energy savings achieved by heating system 
                upgrades and modifications and energy efficiency 
                programs funded under paragraph (4).
                    ``(C) Availability.--Each report, and any 
                subsequent changes to the report, described in this 
                paragraph shall be made publically available, with 
                notice of availability provided to the Secretary, and 
                posted on the website of the Alliance.''.

SEC. 7. MARKET SURVEY AND CONSUMER PROTECTION.

    Section 708 of the National Oilheat Research Alliance Act of 2000 
(42 U.S.C. 6201 note; Public Law 106-469) is repealed.

SEC. 8. LOBBYING RESTRICTIONS.

    Section 710 of the National Oilheat Research Alliance Act of 2000 
(42 U.S.C. 6201 note; Public Law 106-469) is amended--
            (1) by striking ``No funds'' and inserting the following:
    ``(a) In General.--No funds'';
            (2) by inserting ``or to lobby'' after ``elections''; and
            (3) by adding at the end the following:
    ``(b) Assessments.--
            ``(1) In general.--Subject to paragraph (2), no funds 
        derived from assessments collected by the Alliance under 
        section 707 shall be used, directly or indirectly, to influence 
        Federal, State, or local legislation or elections, or the 
        manner of administering of a law.
            ``(2) Information.--The Alliance may use funds described in 
        paragraph (1) to provide information requested by a Member of 
        Congress, or an official of any Federal, State, or local 
        agency, in the course of the official business of the Member or 
        official.''.

SEC. 9. NONCOMPLIANCE.

    Section 712 of the National Oilheat Research Alliance Act of 2000 
(42 U.S.C. 6201 note; Public Law 106-469) is amended by adding at the 
end the following:
    ``(g) Noncompliance.--If the Alliance, a qualified State 
association, or any other entity or person violates this title, the 
Secretary shall--
            ``(1) notify Congress of the noncompliance; and
            ``(2) provide notice of the noncompliance on the Alliance 
        website.''.

SEC. 10. SUNSET.

    Section 713 of the National Oilheat Research, Consumer Education, 
and Efficiency Act of 2011 (42 U.S.C. 6201 note; Public Law 106-469) is 
amended by striking ``9 years'' and inserting ``19 years''.
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