§ 6405. — Assessments.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC6405]
TITLE 15--COMMERCE AND TRADE
CHAPTER 90--PROPANE EDUCATION AND RESEARCH
Sec. 6405. Assessments
(a) Amount
The Council shall set the initial assessment at no greater than one
tenth of 1 cent per gallon of odorized propane. Thereafter, annual
assessments shall be sufficient to cover the costs of the plans and
programs developed by the Council. The assessment shall not be greater
than one-half cent per gallon of odorized propane, unless approved by a
majority of those voting in a referendum in both the producer and the
retail marketer class. In no case may the assessment be raised by more
than one tenth of 1 cent per gallon of odorized propane annually.
(b) Ownership
The owner of odorized propane at the time of odorization, or the
time of import of odorized propane, shall make the assessment based on
the volume of odorized propane sold and placed into commerce.
Assessments collected are payable to the Council on a monthly basis by
the 25th of the month following the month of such collection. Propane
exported from the United States to another country is not subject to the
assessment.
(c) Alternative collection rules
The Council may establish an alternative means of collecting the
assessment if another means is found to be more efficient and effective.
The Council may establish a late payment charge and rate of interest to
be imposed on any person who fails to remit or pay to the Council any
amount due under this chapter.
(d) Investment of funds
Pending disbursement pursuant to a program, plan, or project, the
Council may invest funds collected through assessments, and any other
funds received by the Council, only in obligations of the United States
or any agency thereof, in general obligations of any State or any
political subdivision thereof, in any interest-bearing account or
certificate of deposit of a bank that is a member of the Federal Reserve
System, or in obligations fully guaranteed as to principal and interest
by the United States.
(e) State programs
The Council shall establish a program coordinating the operation of
the Council with those of any State propane education and research
council created by State law or regulation, or similar entity. Such
coordination shall include a joint or coordinated assessment collection
process, a reduced assessment, or an assessment rebate. A reduced
assessment or rebate shall be 20 percent of the regular assessment
collected in that State under this section. Assessment rebates shall be
paid only to--
(1) a State propane education and research council created by
State law or regulation that meets requirements established by the
Council for specific programs approved by the Council; or
(2) a similar entity, such as a foundation established by the
retail propane gas industry in that State, that meets requirements
established by the Council for specific programs approved by the
Council.
(Pub. L. 104-284, Sec. 6, Oct. 11, 1996, 110 Stat. 3374.)
Section Referred to in Other Sections
This section is referred to in sections 6403, 6409 of this title.
