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From: Zahra Massicotte <zahra@massoilheat.org>
Subject: MOC Desktop Councilor
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MOC Desktop Councilor
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Massachusetts Oilheat Council
Desktop Councilor Newsletter
May 2, 2007
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Here's the latest edition of MOC's Desktop Councilor, an email newsletter aimed at keeping you up-to-date on MOC activities and programs that impact your business. Thank you for your continued membership support.

On Tuesday May 22nd, MOC will hold a special Board of Directors meeting open to all members. Barry Fogel of Keegan Werlin, LLP will be giving boilerplate legal advice on customer contracts for heating oil. Fogel will provide legal suggestions to help dealers draft more effective and comprehensive contracts. The meeting will take place at the Café Escadrille in Burlington, MA from 10 a.m. to 12 p.m. Breakfast and refreshments will be provided. A notice with registration information and directions will be mailed this week.
On May 1st, energy efficiency was the hot topic on Beacon Hill where testimony was offered on 70 bills under the Joint Committee of Telecommunications, Utilities and Energy. MOC testified in opposition to four proposals calling for a one cent tax on the sale of heating oil. Senate bills 1983, 1974, 1971 and House bill 3335 contain the "Fuel Oil Efficiency" requirements aimed at funding the replacement of inefficient oil-fired home heating systems.

"We are opposed to any tax on heating oil. There has never been one and we would like that to continue," said MOC President Michael Ferrante. He said that over the past two years dealers have had to deal with an unprecedented amount of customer calls regarding price and that any additional hike in the price for home heating "will be a burden to dealers and consumers." Ferrante also explained to the Committee that consumption of heating oil has decreased due to the industry's efforts in promoting efficient systems and conservation measures.

In rebuttal to Ferrante's testimony, Representative Matthew Patrick said that Oilheat customers are not paying for energy efficiency measures like utility customers are doing through a Systems Betterment Charge (SBC) seen on electric and natural gas bills. Ferrante pointed out the fact that Oilheat customers are also users of electricity and do pay an SBC.

Many lobbyists from various electric companies, environmental organizations and non-profit groups also expressed their concern that Oilheat customers are not getting access to energy efficiency programs and would like to see the Oilheat industry adopt the SBC. A representative from the Associated Industries of Massachusetts did join MOC in opposing the new fuel tax saying the money currently being collected from the SBC's is being diverted from its original purpose.

MOC plans to discuss these legislative proposals with the Council's Board of Directors at the end of the month. Please remember that these bills are still in the early stages of progression and MOC will keep members abreast to any actions.
MOC's staff met with Senator Stephen Brewer's legislative director this week to open discussions on SB-171 - An Act Relative to Continuing Education Requirements for Oil Burner Technicians. MOC stressed that the legislation is not necessary for oil burner technicians given the amount of ongoing training that the MOC and the New England Fuel Institute offer technicians throughout the year, and the state-of-the-art NORA training materials that are utilized in Massachusetts. MOC brought a number of NORA training materials to the meeting to show the industry's commitment to technician training. MOC also expressed concerns that SB-171 might pose a financial burden on both retailers and oil technicians in terms of paying for continuing education course work and the hours required to take the classes. MOC will formally testify on the bill at a State House hearing later this year.

MOC will host a meeting of the 527 CMR 4.00 Oil Burner Subcommittee this week. MOC's Michael Ferrante chairs the state-appointed subcommittee which is charged with reviewing changes to the code and aiding in answering questions surrounding code interpretations and enforcement. Retailers and oil burner technicians are encouraged to contact MOC with any questions regarding the code. Also this week, MOC will be attending a meeting of the Board of Fire Prevention Regulations to begin to get a better understanding of new rules (fire and building code) surrounding the garaging of cargo tanks containing heating oil and diesel.
MOC wants to thank Jim Townsend, Townsend Oil & Propane; and Ed Noonan, Noonan Energy; for taking the time to travel to Washington last week to meet with the Massachusetts Congressional delegation to discuss the Oilheat industry's national legislative agenda. Topping the list? The reauthorization of the statute for Low Income Home Energy Assistance (LIHEAP) and the industry's concerns over the Margin- Over-Rack (MOR) leveraging mechanism used in Massachusetts, Connecticut and New York.
As a result of the implementation of new on and off road diesel rules from the Environmental Protection Agency (EPA), new language must now be included on all heating oil delivery tickets. Beginning on June 1, 2007, the following language must be included on all heating oil delivery tickets:

Dyed Unmarked Heating Oil: Not for use in highway or non-highway, locomotive or marine engines.

If you recently purchased new printed tickets or your tickets do not have room for this new language, purchasing a stamp that carries the new language may be helpful in meeting the new requirement. Please remember that the old IRS language "Dyed Diesel Fuel, Non Taxable Use Only, Penalty for Taxable Use" has not been required on delivery tickets for several years now. If you are still using this language, it can be removed.
Are you interested in learning more about Bioheat®? MOC member Paul Nazzaro with Advanced Fuel Solutions and the National Biodiesel Board (NBB) will be hosting 2 free webinars (on-line seminars) this month that are designed to inform petroleum distributors on all aspects of biodiesel and Bioheat® fuel oil. Everywhere you turn biofuels and ethanol training courses are being offered at prices as high as $2,000 per registrant. It's no surprise that much of the information presented at these nationwide workshops has come directly from the NBB archives, where it all began. Space is limited to 95 attendees. Sign up today for either the May 10 or May 17 session by going directly to the link below.

Each Session Covers:
  • Biodiesel basics, production, feedstock's, ASTM specifications
  • BQ-9000 quality program and what it means to the industry
  • Real time production contrasted to prevailing demand
  • Biodiesel market drivers, how will you make money
  • Handling and distribution strategies, upstream and downstream
  • Cold flow and stability concerns and suggested remedies
Yes, it's time to think about golf again. MOC's 16th annual golf tournament is just around the corner. The all day event will be Monday, August 20th at the Pinehills Golf Club in Plymouth, MA. Mark your calendars now! Flyers will be mailed shortly with sponsorship and registration information.


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