Page:United States Statutes at Large Volume 114 Part 3.djvu/1023

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PUBLIC LAW 106-469—NOV. 9, 2000 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. REFERENDA. 42 USC 6201 (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 MARKET- ERS. — 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