ASSESSMENTS.

SEC. 707. ASSESSMENTS. (a) Rate.—The assessment rate shall be equal to two-tenths-cent per gallon of No. 1 distillate and No. 2 dyed distillate. (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 114 STAT. 2051on 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 industry in a State for, an alternative means of collecting the assessment if another means is determined to be more efficient or more effective. (c) Sale for Use Other Than as Oilheat.—No. 1 distillate and No. 2 dyed distillate sold for uses other than as oilheat 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. (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. (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 industry. (IV) Monitoring; terms, conditions, and reporting requirements.—The Alliance shall— 114 STAT. 2052 (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.