42 U.S.C. § 707
ASSESSMENTS.
“(a)Rate.—The assessment rate shall be equal to 2⁄10 of 1 cent per gallon of oilheat fuel.“(b)Collection Rules.—“(1)Collection at point of sale.—The assessment shall be collected at the point of sale of No. 1 distillate and No. 2 dyed distillate by a wholesale distributor to a person other than a wholesale distributor, including a sale made pursuant to an exchange.“(2)Responsibility for payment.—A wholesale distributor—“(A) shall be responsible for payment of an assessment to the Alliance on a quarterly basis; and“(B) shall provide to the Alliance certification of the volume of fuel sold.“(3)No ownership interest.—A person that has no ownership interest in No. 1 distillate or No. 2 dyed distillate shall not be responsible for payment of an assessment under this section.“(4)Failure to receive payment.—“(A)Refund.—A wholesale distributor that does not receive payments from a purchaser for No. 1 distillate or No. 2 dyed distillate within 1 year of the date of sale may apply for a refund from the Alliance of the assessment paid.“(B)Amount.—The amount of a refund shall not exceed the amount of the assessment levied on the No. 1 distillate or No. 2 dyed distillate for which payment was not received.“(5)Importation after point of sale.—The owner of No. 1 distillate or No. 2 dyed distillate imported after the point of sale—“(A) shall be responsible for payment of the assessment to the Alliance at the point at which the product enters the United States; and“(B) shall provide to the Alliance certification of the volume of fuel imported.“(6)Late payment charge.—The Alliance may establish a late payment charge and rate of interest to be imposed on any person who fails to remit or pay to the Alliance any amount due under this title.“(7)Alternative collection rules.—The Alliance may establish, or approve a request of the oilheat fuel industry in a State for, an alternative means of collecting the assessment if another means is determined to be more efficient or more effective.“(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.“(c)Sale for Use Other Than as Oilheat Fuel.—No. 1 distillate and No. 2 dyed distillate sold for uses other than as oilheat fuel 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 that are permitted to be obligated.“(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 that are permitted to be obligated. “(II)Request requirements.—A request under this clause shall—- “(aa) specify the amount of funds requested;
- “(bb) describe in detail the specific uses for which the requested funds are sought;
- “(cc) include a commitment to comply with this title in using the requested funds; and
- “(dd) be made publicly available.
“(III)Direct benefit.—The Alliance shall not provide any funds in response to a request under this clause unless the Alliance determines that the funds will be used to directly benefit the oilheat fuel industry. “(IV)Monitoring; terms, conditions, and reporting requirements.—The Alliance shall—- “(aa) monitor the use of funds provided under this clause; and
- “(bb) impose whatever terms, conditions, and reporting requirements that the Alliance considers necessary to ensure compliance with this title.
“(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.“(f)Use of Assessments.—“(1)In general.—Notwithstanding any other provision of this title, the Secretary and the Alliance shall ensure that assessments collected and permitted to be obligated 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 and permitted to be obligated 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 the date of enactment of this subsection [Feb. 7, 2014], 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 and permitted to be obligated 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 30 percent of the assessments collected and permitted to be obligated 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 and permitted to be obligated 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 he 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.
Notes of Decisions
United States v. Wells, 519 U.S. 482 (1997).
· cites it 2× “§ 300ee19(b) (sameunder funds for AIDS prevention); 42 U. S. C. § 707 (a)(1) (sameunder funds for social security); 42 U.”
United States v. Michael E. Gaudin, 28 F.3d 943 (9th Cir. 1994).
“§ 300ee-19(b) (same — under funds for AIDS pre-’ vention); 42 U.S.C. § 707 (a)(1) (same — under funds for social security); 42 U.”
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