Energy Marketers of America weekly update on important national industry news
September 30, 2022  [WR-22-39]
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Quick Links to Articles for September 30, 2022

EPA Must Deny the “California Car Mandate”

Remaining 17 States Approved for NEVI Funding

Congress to Fund Government through December 16

FDA Releases Tobacco Compliance Webinar

Multi-State Hours of Service Waiver Issued

EMA MDF New “Experiences” Auction is Live! Please register to bid NOW!

Weekend Reads

New England Convenience Store & Energy Marketers Association Names Peter Brennan Executive Director

Federated Insurance: Risk Management Corner

EMA Member Services Spotlight Featuring: National Purchasing Partners

Articles for September 30, 2022
EPA Must Deny the “California Car Mandate”

California finalized a regulation that will ban the sale of gas and diesel cars and trucks starting in 2026 and growing to a full ban by 2035.

Every American will be impacted by this ban, whether they are in one of the 15 states that copies California vehicle laws or whether they are a consumer looking to buy an affordable new pickup truck in the next few years. California needs a waiver from EPA to enact this regulation and ban gasoline and diesel vehicle sales. EPA needs to deny this waiver.

If California’s ban moves forward, it will:

  • Outlaw the sale of new clean internal combustion engine vehicles (even hybrids) in up to 15 states and the District of Columbia

  • Raise the price and reduce the availability of gasoline and diesel cars in other states

  • Increase Americans’ utility bills to subsidize a massive expansion of the electricity grid for EV charging

  • Threaten the viability and jobs of small business energy marketers around the country, whether they deliver gasoline and diesel or renewable fuels like ethanol, biodiesel and renewable diesel.

Court Action to Stop the “California Car Mandate”
EMA has been actively engaged in the fight against banning gasoline powered vehicles since California Governor Gavin Newsom authorized the ban in a 2020 executive order. On May 13, 2022, EMA filed a petition with a federal Court of Appeals in Washington, D.C., asking the court to review the Biden Administration’s restoration of the Clean Air Act waiver allowing California to set its own air standards. That waiver was revoked by the Trump administration in 2019. The EMA petition was filed to challenge the restoration of the waiver on various grounds, including that California does not require the more stringent standards to meet any extraordinary or compelling conditions that are unique to California as the Clean Air Act requires. If the court overturns the waiver as requested by EMA, California is likely to lose the authority it claims to ban gasoline powered vehicles in the State. If that happens, any state attempting to adopt the California ban will lose their authority to act as well.

Separate from the current court action, EMA opposes California's waiver request for gasoline-powered vehicle ban. If EPA does not have the authority under the Clean Air Act to ban gasoline-powered vehicles, it is difficult to see how it can allow California to exercise such authority under the statute.

In the meantime, CLICK HERE to reach out to your lawmakers and urge them to contact EPA and recommend that California’s waiver be denied to protect motorists and small business energy marketing companies!

Remaining 17 States Approved for NEVI Funding

On Tuesday, the Federal Highway Administration (FHWA) approved Electric Vehicle Infrastructure Deployment Plans required under the National Electric Vehicle Infrastructure (NEVI) Formula Program for the remaining 17 states. With this approval, all 50 states plus the District of Columbia and Puerto Rico have access to over $1.5 billion in funding under the NEVI program for fiscal year 2022 and 2023 to begin installing EV chargers along Alternate Fuel Corridors within each state.

EV Infrastructure Deployment Plans were required to be submitted to the U.S. DOT by August 1st. These plans vary from state-to-state regarding the location, funding, and operation of the EV infrastructure. It is likely that expansions and upgrades to existing EV charging locations could begin by the end of this year with construction of new EV charging locations beginning next Spring. In addition to the NEVI funds for EV charging, the Inflation Reduction Act includes a $2.5 billion Discretionary Grant Program for Charging and Fueling Infrastructure to provide access to EV charging in rural and disadvantages communities. It is anticipated that the FHWA will begin taking applications for grants later this year.

You can review the state plans and the approval letters and 5-year NEVI funding by state on the FHWA’s website.

Congress to Fund Government through December 16
LIHEAP Receives $1 billion

Congress is expected to approve a Continuing Resolution (CR) to fund the government through December 16 which will prevent a government shutdown when the new fiscal year begins at midnight on Friday, September 30. The President is expected to sign the bill. In addition to federal disaster aid, the CR also includes $1 billion for the Low Income Home Energy Assistance program (LIHEAP), a federal energy subsidy for individuals and families. EMA supported the additional LIHEAP funding in the CR.

Earlier in the week, Senator Joe Manchin (D-WV) asked Senate leadership to remove his energy permitting reform language prior to a planned Senate vote, expediting the path for House and Senate passage amid bipartisan opposition to the proposal from Republicans and progressive Democrats. Senator Manchin may now attempt to include his permitting reform language to the National Defense Authorization Act (NDAA) or to future appropriations legislation after the midterm elections. The House will adjourn for the month of October while Members of Congress campaign for reelection. However, Majority Leader Chuck Schumer (D-NY) has announced the Senate will likely reconvene in October to consider the NDAA and additional Biden Administration nominations.

Meanwhile, Members of Congress continue to introduce messaging legislation prior to the midterm elections. This week, several House Democrats led by House Energy and Commerce Chairman Frank Pallone (D-NJ) introduced legislation proposing a national “economic petroleum reserve.” The legislation named the Buy Low and Sell High Act would empower the Department of Energy to sell up to 350 million barrels of crude oil from the Strategic Petroleum Reserve during high price periods to maximize profits and “combat high gasoline prices.” The legislation also proposes to increase the capacity of the Northeast Home Heating Oil Reserve to 4 million barrels. Notably, in March 2020, Senate Democrats stripped $3 billion in funding for Strategic Petroleum Reserve oil purchases from the CARES Act, proposed by President Trump during a period of low oil prices, calling it a “bailout” for the oil industry.

Congress may also act on several priority items in the lame-duck session between the midterm elections and January 2023. A year-end tax package could include bipartisan priorities including new retirement measures, expansion of the Child Tax Credit or Earned Income Tax Credit, and extensions of Trump-era tax cuts. There is also the possibility that the “Credit Card Competition Act” could hitch a ride onto must pass legislation before the end of the year. Prior to December 16, the House and Senate are expected to negotiate annual spending bills for fiscal year 2023, though the substance of negotiations could depend on the results of the midterms. If Republicans retake the House, it is expected that Republicans will postpone appropriations negotiations to the start of the next Congress.

FDA Releases Tobacco Compliance Webinar

The Food and Drug Administration's (FDA) Center for Tobacco Products announced a new webinar to help retailers with tobacco appliance which provides a brief overview of the various resources available to retailers to prevent the sale of tobacco products to individuals under the age of 21. Additionally, the webinar covers recent updates to federal law for tobacco products containing nicotine not derived from tobacco. Click here for the details.

Multi-State Hours of Service Waiver Issued

On Wednesday morning, the Federal Motor Carrier Safety Administration (FMCSA) issued a regional Hours of Service waiver for the following states due to Hurricane Ian: ALABAMA, FLORIDA, GEORGIA, KENTUCKY, MISSISSIPPI, NORTH CAROLINA, SOUTH CAROLINA, AND TENNESSEE through October 28, 2022.

The emergency declaration applies to all states and jurisdictions listed above. This waiver covers all fuel deliveries in the states and jurisdictions listed because they support the "emergency," which in this case, is maintaining adequate fuel distribution in those areas.

Important: The FMCSA waiver covers interstate shipment of fuel in and out of the states and jurisdictions listed in the waiver letter. The FMCSA waiver does not cover intrastate only shipments (deliveries that stay within the boundaries of a single state). State governors must issue waivers for intrastate shipments within their boundaries. State Governors typically issue such waivers as part of their Emergency Declaration, or when FMCSA waivers are put into effect. Some of these states have already issued intrastate HOS waivers. Click here to read the notice.

The Energy Marketers of America will continue to work closely with the FMCSA, DOE, DHS/FEMA and other federal agencies to ensure emergency preparedness and response waivers and solutions to problems that arise in response to Hurricane Ian.

EMA MDF New “Experiences” Auction is Live! Please register to bid NOW!
New Skiing Experience Added

Thank you for your support of the EMA Marketer Defense Fund (MDF) new “Experiences” auction! We are looking forward to seeing you on September 30!

Thanks to the generosity of Mike Downs and Downs Energy, Amanda Gray and the Arizona Petroleum Marketers Association, Emily LeRoy and the Tennessee Fuel & Convenience Store Association, and John Hill and the Utah Petroleum Marketers & Retailers Association for donating items to the MDF Experience auction.

Mike Downs donated four 2023 Angels baseball game tickets. The seats are located about eight rows behind the visiting team dugout along first base with free parking included. On behalf of Amanda Gray and the Arizona Petroleum Marketers Association, the Hilton Sedona donated a two-night stay at the hotel at Bell Rock and a $150 gift certificate to the ShadowRock Grille, a Red Rock Country tour book, a Hiking the Vortexes book and crystals. Emily LeRoy and the Tennessee Fuel & Convenience Store Association donated a two-night stay at the historic Reed House in lovely downtown Chattanooga, Tennessee, and a gift certificate for a hang-gliding experience over Lookout Mountain. John Hill and the Utah Petroleum Marketers & Retailers Association donated a day of skiing experience in the greatest snow on earth. John Hill will lead your group across the mountain to discover his secret powder runs. The ski tour package includes two fully transferable, non-expiring ski passes at Alta Ski Resort and great memories to share. Intermediate to expert skiers encouraged to bid.

All EMA members are eligible to participate from anywhere in the United States if they access the Text2Bid app on their mobile phone. The purpose of mobile bidding is to make the auction more competitive and fun by notifying bidders the instant they are outbid. A notification informs the bidder that they are no longer winning, and to increase their bid or begin bidding on a new item. The ability to react in real-time means more bids.

To access the bidding platform:

  1. Text the word EMA to 71760

  2. Click the text message link you will receive by reply

  3. Follow instructions to complete your registration

Once you have accessed your account, browse all items or search by item name to begin bidding. On each item, you will see various options:

  1. Bid: Bid at the pre-assigned increment

  2. Watch: Clicking "Watch" will put this item in your "My Items" box in the menu for easy access

  3. Set Auto-Bid: Allows you to set a maximum bid. As others bid on this item, the system will automatically increase your bid, up to your maximum bid limit.

The auction will take place at the EMA Fall Conference on Friday, September 30 and will close at 12:00 pm Pacific Time on Saturday, October 1. As you enter a winning bid or are outbid, you will receive a message alerting you of your status. You will be notified at the end of the Silent Auction by text if you are a winning bidder! Susan Isard will contact and invoice each winning bidder.

If you would like to donate an experience auction item, please fill out this form and email it back to Susan Isard. A great experience can come from the loan of your vacation home for a few nights. EMA can auction that and win big for the MDF! Also, tickets to sport events that would be fun for EMA members are good donations.

The proceeds of the auction will benefit the EMA MDF. Your donation is tax deductible as a business expense but not as charitable giving. You can contribute either by check or credit card on behalf of your business or as an individual. Every cent goes directly toward EMA’s lobbying and regulatory efforts. Contribution amounts are not limited.

Weekend Reads:

Driving Your Tesla in California Is Really, Really Expensive

Canada to Drop Vaccine Mandate at Border Sept. 30

Don't 'gouge the American people,' Biden warns oil industry as Ian nears

Just 4% of North American Car Production Is Electric

US Would Trade Reserve Oil for Profit, Invest in EVs Under Democrats’ Bill

Hertz is teaming up with oil giant BP to install thousands of EV chargers in the U.S.

New England Convenience Store & Energy Marketers Association Names Peter Brennan Executive Director
Attorney, former legislative aide joins trade group from the Massachusetts State Automobile Dealers Association

Peter Brennan, a former attorney for the Massachusetts State Automobile Dealers Association, has been named the new executive director of the New England Convenience Store and Energy Marketers Association.

Brennan, who formerly worked for Massachusetts Senators Michael Morrissey and Robert Hedlund, succeeds longtime NECSEMA director Jon Shaer, who recently accepted a position with ChargePoint. Brennan takes the reins of the trade organization, which represents more than 7,500 convenience stores and service stations across New England, to lead advocacy on a host of issues facing the industry, including tax disparities, tobacco regulation, fuel price volatility, lottery and online gaming and more. NECSEMA member companies employ more than 120,000 people.

“I’m very excited to be joining NECSEMA at this exciting time in our ever-evolving industry,” Brennan said. “We learned during the pandemic that our convenience stores are essential small businesses that reliably provide food, fuel and other goods and services to their communities, even during the most challenging times. I look forward to advocating for our members on the issues most important to our industry while getting results in legislative arenas throughout New England.”

A graduate of the University of Massachusetts-Amherst and Suffolk University Law School, Brennan grew up in Weymouth and now lives in Milton with his wife and two children. Before joining NECSEMA, he was in-house counsel for the Massachusetts State Automobile Dealers Association and previously operated his own private law practice. He was a legislative aide for Sen. Morrissey and served as chief of staff and general counsel to Sen. Hedlund.

Federated Insurance: Risk Management Corner
Protecting Your Inventory – Theft Prevention Tips

Your business’s inventory can be an attractive target for thieves, whether items are found at jobsites, retail spaces, dealerships, warehouses, or other locations. Consider the layout of your business— the less likely a thief is to be detected, the more appealing the target. And lack of inventory management and the ease of selling stolen items can lead to low rates of recovery. So how do you keep your inventory safe?

To read about security awareness, employee training and completing a security survey, please click here. Please always feel free to contact your Federated regional representative or EMA’s National Account Executive Jon Medo at 800.533.0472 for any additional information or risk management questions. Federated is a Partner in EMA’s Board of Directors Council.

This article is for general information and risk prevention only and should not be considered legal or other expert advice. The recommendations herein may help reduce, but are not guaranteed to eliminate, any or all risk of loss. The information herein may be subject to, and is not a substitute for, any laws or regulations that may apply. Qualified counsel should be sought with questions specific to your circumstances. © 2022 Federated Mutual Insurance Company.

EMA Member Services Spotlight Featuring: National Purchasing Partners
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