Title 15Commerce and TradeRelease 119-73not60

§6403 Referenda

Title 15 › Chapter 90— PROPANE EDUCATION AND RESEARCH › § 6403

Last updated Apr 3, 2026|Official source

Summary

Qualified industry groups can pay to hold a vote of propane producers and retail marketers to create a Propane Education and Research Council. An independent auditing firm the groups agree on must run the vote. If the Council is created, it must repay the groups for referendum accounting and paperwork. Votes are counted by how much propane a person produced or sold (based on the previous calendar year or another representative period). The Council is created only if voters representing two-thirds of the propane volume in the retail marketer class and two-thirds in the producer class approve. Everyone who votes must tell the auditor the volume their vote represents. If created, the Council may charge an assessment on odorized propane under section 6405. The Council must hold, at its own cost, a vote to suspend or end the Council if it asks for one or if producers and retail marketers representing 35% of the volume in each class petition for it. The Council picks the independent auditor for that vote. Suspension or termination will not take effect unless approved by people representing more than half the odorized propane volume in the retail marketer class and more than half the propane volume in the producer class, or by people representing more than two-thirds of the volume in either class.

Full Legal Text

Title 15, §6403

Commerce and Trade — Source: USLM XML via OLRC

(a)The qualified industry organizations may conduct, at their own expense, a referendum among producers and retail marketers for the creation of a Propane Education and Research Council. The Council, if established, shall reimburse the qualified industry organizations for the cost of the referendum accounting and documentation. Such referendum shall be conducted by an independent auditing firm agreed to by the qualified industry organizations. Voting rights in such referendum shall be based on the volume of propane produced or odorized propane sold in the previous calendar year or other representative period. Upon approval of those persons representing two-thirds of the total volume of propane voted in the retail marketer class and two-thirds of all propane voted in the producer class, the Council shall be established, and shall be authorized to levy an assessment on odorized propane in accordance with section 6405 of this title. All persons voting in the referendum shall certify to the independent auditing firm the volume of propane represented by their vote.
(b)On the Council’s own initiative, or on petition to the Council by producers and retail marketers representing 35 percent of the volume of propane in each class, the Council shall, at its own expense, hold a referendum, to be conducted by an independent auditing firm selected by the Council, to determine whether the industry favors termination or suspension of the Council. Termination or suspension shall not take effect unless it is approved by persons representing more than one-half of the total volume of odorized propane in the retail marketer class and more than one-half of the total volume of propane in the producer class, or is approved by persons representing more than two-thirds of the total volume of propane in either such class.

Reference

Citations & Metadata

Citation

15 U.S.C. § 6403

Title 15Commerce and Trade

Last Updated

Apr 3, 2026

Release point: 119-73not60