“In this title:“(1) Alliance.—The term ‘Alliance’ means a national oilheat fuel research alliance established under section 704.
“(2) Consumer education.—The term ‘consumer education’ means the provision of information to assist consumers and other persons in making evaluations and decisions regarding oilheat fuel and other nonindustrial commercial or residential space or hot water heating fuels.
“(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.
“(4) Exchange.—The term ‘exchange’ means an agreement that—“(A) entitles each party or its customers to receive oilheat fuel 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 fuel.
“(5) 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 [26 U.S.C. 501(c)(3), (6)] that is exempt from taxation under section 501(a) of that Code and is organized for the purpose of representing the oilheat fuel industry.
“(6) No. 1 distillate.—The term ‘No. 1 distillate’ means fuel oil classified as No. 1 distillate by the American Society for Testing and Materials.
“(7) 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 [26 U.S.C. 4082(a)(2)].
“(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.
“(9) Oilheat fuel industry.—“(A) In general.—The term ‘oilheat fuel industry’ means—“(i) persons in the production, transportation, or sale of oilheat fuel; and
“(ii) persons engaged in the manufacture or distribution of oilheat fuel utilization equipment.
“(B) Exclusion.—The term ‘oilheat fuel industry’ does not include ultimate consumers of oilheat fuel.
“(10) Public member.—The term ‘public member’ means a member of the Alliance described in section 705(c)(1)(F).
“(11) Qualified industry organization.—The term ‘qualified industry organization’ means the National Association for Oilheat Research and Education or a successor organization.
“(12) 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.
“(13) Retail marketer.—The term ‘retail marketer’ means a person engaged primarily in the sale of oilheat fuel to ultimate consumers.
“(14) Secretary.—The term ‘Secretary’ means the Secretary of Energy.
“(15) Wholesale distributor.—The term ‘wholesale distributor’ means a person that—“(A)(i) produces No. 1 distillate or No. 2 dyed distillate;
“(ii) imports No. 1 distillate or No. 2 dyed distillate; or
“(iii) transports No. 1 distillate or No. 2 dyed distillate across State boundaries or among local marketing areas; and
“(B) sells the distillate to another person that does not produce, import, or transport No. 1 distillate or No. 2 dyed distillate across State boundaries or among local marketing areas.
“(16) State.—The term ‘State’ means the several States, except the State of Alaska.
Take Action
Your position
Add a comment
to comment on this section.
Annotate the text
Highlight any passage on the Full Text tab to attach a note. Annotations appear on the Annotations tab.