Page:United States Statutes at Large Volume 114 Part 3.djvu/1024

 114 STAT. 2046 PUBLIC LAW 106-469—NOV. 9, 2000 the volume of oilheat, No. 1 distillate, or No. 2 dyed distillate represented by the vote of the person. Deadline. (7) NOTIFICATION.— Not later than 90 days after the date of the enactment of this title, a qualified State association may notify the qualified industry organization in writing that a referendum under paragraph (1) will not be conducted in the State. (b) SUBSEQUENT STATE PARTICIPATION.— The oilheat industry in a State that has not participated initially in the Alliance may subsequently elect to participate by conducting a referendum under subsection (a). (c) TERMINATION OR SUSPENSION.— (1) IN GENERAL.—On the initiative of the Alliance or on petition to the Alliance by retail marketers and wholesale distributors representing 25 percent of the volume of oilheat or weighted No. 1 distillate and No. 2 dyed distillate in each class, the Alliance shall, at its own expense, hold a referendum, to be conducted by an independent auditing firm selected by the Alliance, to determine whether the oilheat industry favors termination or suspension of the Alliance. (2) VOLUME PERCENTAGES REQUIRED TO TERMINATE OR SUS- PEND.— Termination or suspension shall not take effect unless termination or suspension is approved by persons representing more than one-half of the total volume of oilheat voted in the retail marketer class or more than one-half of the total volume of weighted No. 1 distillate and No. 2 dyed distillate voted in the wholesale distributor class. (3) TERMINATION BY A STATE. —A State may elect to terminate participation by notifying the Alliance that 50 percent of the oilheat volume in the State has voted in a referendum to withdraw. (d) CALCULATION OF OILHEAT SALES. — For the purposes of this section and section 705, the volume of oilheat sold annually in a State shall be determined on the basis of information provided by the Energy Information Administration with respect to a calendar year or other representative period. 42 USC 6201 SEC. 705. MEMBERSHIP. "°*^' (a) SELECTION.— (1) IN GENERAL.— Except as provided in subsection (c)(1)(C), the qualified industry organization shall select members of the Alliance representing the oilheat industry in a State from a list of nominees submitted by the qualified State association in the State. (2) VACANCIES.— A vacancy in the Allisince shall be filled in the same manner as the original selection. (b) REPRESENTATION.—In selecting members of the Alliance, the qualified industry organization shall make best efforts to select members that are representative of the oilheat industry, including representation of— (1) interstate and intrastate operators among retail marketers; (2) wholesale distributors of No. 1 distillate and No. 2 dyed distillate; (3) large and small companies among wholesale distributors and retail marketers; and (4) diverse geographic regions of the country.

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