Missouri Doubles EMA SBC PAC Goal 16 Years in A Row!
For 16 years in a row, the Missouri Petroleum &
Convenience Association (MPCA) has more than
doubled its annual EMA SBC PAC goal including:
2019: MPCA raised $11,650, or 244% of their
annual goal. 2020:
MPCA raised $11,850, or 248% of their annual
goal. 2021: MPCA
raised $12,650, or 267% of their annual goal.
2022: MPCA raised $11,800, or 246% of their
annual goal. 2023:
MPCA has thus far raised $10,350, or 224% of
their annual goal.
In fact, between 2008 and
2023 MPCA has raised and donated more than
$172,000 for the EMA SBC PAC!
The
successful formula used by Wayne Baker, EMA SBC
PAC delegate, MPCA Past President, and current
MPCA Board member, remains the same.
“EMA
is one of our key partners in Washington, D.C.
And like any organization, EMA needs sufficient
resources to do the job and protect our
legislative and regulatory interests at the
federal level.
Motor fuel marketers are
very competitive people. Here in Missouri, we
leverage this competitive nature by publicizing
who is donating how much and then we collect the
donations at our December Board Meeting and
Holiday Party,” said Wayne
Baker.
Positive Drug Tests for Marijuana Among CDL Drivers Increase 32% in 2022
The Federal Motor Carrier Safety Administration
(FMCSA) issued a new
report this week finding marijuana at the
top of the list of drugs most frequently
detected during driver drug and alcohol testing
over the past year. Nearly 41,000 truck drivers
tested positive for marijuana in 2022. This
represents an increase of 32% over positive
marijuana tests in 2021, according to year end
data compiled from the FMCSA’s Drug & Alcohol
Clearinghouse. Cocaine, methamphetamines and
amphetamines placed second, third and fourth,
respectively, among substances accounting for
the most frequent driver drug-test failures data
revealed. These top four drugs account for 90%
of all positive test results over the last three
years. The jump in positive tests for marijuana
is likely due to legalization in many states and
localities along with misinformation among
drivers whether its use is permitted under the
FMCSA drug and alcohol testing regulations. Use
of CBD oil is another factor driving the
increase in positive marijuana drug tests among
CDL drivers.
Increased marijuana use is
also contributing to the loss of qualified CDL
drivers. Marijuana can be detected up to 30 days
in bodily fluids and up to 60 days in hair
samples. Approximately 91,000 of the more than
166,000 drivers who failed at least one drug
test have yet to enroll in the return-to-work
process according to the FMCSA. Only about
46,000 drivers have completed the return-to-work
process and eligible to drive again, raising
concerns over whether these drivers will
permanently drop out of shrinking pool of
qualified drivers. Experts say a field sobriety
test for marijuana is needed to detect real time
driver impairment rather than detection of past
use in order to stem the loss of qualified
drivers who test positive and never return to
work. That is why EMA is supporting a proposed
rule that would allow oral fluid drug testing
for CDL drivers and other HAZMAT employees. The
oral fluid testing window of detection for
marijuana use is up to 24 hours. The
introduction of oral fluid testing will keep
unsafe drivers off the road, provide employers
with flexibility in test method selection, lower
test costs and reduce the ability of employees
to subvert testing.
EMA Asks FMCSA to Extend Comment Period for Proposed Rule That Would Restrict Duration and Scope of State HOS Waivers
This week, EMA sent a
letter to the
administrator of the Federal Motor Carrier
Safety Administration (FMCSA) requesting an
extension of the public comment period deadline
for a
proposed rule that would severely limit the
authority of state governors to waive federal
motor carrier safety regulations during a
declared emergency. The proposed rule would
limit both the scope of FMCSA regulations
subject to a state issued waiver and the
duration of the waiver itself. Under current
federal regulations, when a president, governor,
or the FMCSA issues a declaration of emergency,
a 30-day exemption from FMCSA regulations in
parts
49 CFR 390-399 is automatically created for
drivers providing direct assistance to state and
local emergency relief efforts. Those sections
include driver: hours of service; medical
qualifications including medical exams; CDL
licensure and renewal; vehicle inspections,
repair and maintenance and training. Under the
proposed rule, the FMCSA is seeking to narrow
the automatic applicability of emergency
exemptions to driver hours-of-service only.
Moreover, the FMCSA is proposing to reduce the
duration of emergency waivers issued by state
governors from 30 days to just 5 days. The scope
and duration of emergency waivers issued by the
President or FMCSA would remain unchanged under
the proposal.
EMA is asking for the
extension after learning that many state
emergency planners were unaware of the FMCSA
proposal that could significantly restrict their
waiver authority during declared emergencies.
The comment period for the proposed rule closes
February 6, 2023. EMA wants the deadline
extended to March 9, 2023 so that all
stakeholders have a chance to comment.
Congressional Update
Now that House and Senate Committee assignments
largely completed (more on this later),
Congressional hearing activity formally kicked
off this week. In the House, the Transportation
and Infrastructure Committee held its first
hearing on “the State of Transportation
Infrastructure and Supply Chain Challenges.”
Rep. Tim Burchett (R-TN) voiced concern about
the public deployment of charging for “the mom
and pops who built … truck stops and gas
stations and invested their hard-earned
dollars….”
In the Senate, Joe Manchin
(D-WV), Ted Cruz (R-TX), and many others,
introduced the
Protecting America’s Strategic Petroleum Reserve
from China Act which would block any
Strategic Petroleum Reserve Sales to China. A
similar bill recently passed the House by a
331-97 margin. Sens. Manchin and Cruz also
announced bipartisan legislation to protect the
use of use gas stoves. Their legislation, the
Gas Stove Protection and Freedom Act, would
prohibit federal funds from being used to
regulate “an existing or new gas stove as a
banned hazardous product.” Sen. Manchin also
sent a joint letter with Sen. James Lankford
(R-OK) to the Consumer Product Safety Commission
urging them not to take any further action with
gas stoves.
Many House committee
assignments are complete. Transportation,
Housing and Urban Development (THUD)
appropriations subcommittee will be led by Rep.
Chuck Fleischmann (R-TN) Chairing THUD, and
Marcy Kaptur (D-OH) serving as Ranking Member.
House Energy and Commerce Subcommittee on
Energy, Climate, and Grid Security will be
Chaired by Rep. Jeff Duncan (R-SC), with Rep.
Dianna DeGette (D-CO) serving as Ranking Member.
House Transportation & Infrastructure Committee
Railroads, Pipelines and Hazardous Materials
Subcommittee will be led by Rep. Troy Nehls
(R-TX), with Rep. Jake Auchincloss (D-MA)
serving as Ranking Member. Despite several
leaks, we are still waiting for final committee
assignments in the Senate to be made official.
Lastly, yesterday, Rep. Lori Chavez-DeRemer
(OR-05) joined Committee on Transportation and
Infrastructure Chairman Sam Graves (MO-06),
Water Resources and Environment Subcommittee
Chairman David Rouzer (NC-07), and over 150 of
her colleagues in introducing
a joint resolution of disapproval
under the Congressional Review Act (CRA) on the
Biden administration’s burdensome “Waters of the
United States” (WOTUS) rule. The rule, published
last month by the EPA, would lead to sweeping
changes to the federal government’s authority to
regulate what is considered navigable water,
having an enormous impact on small businesses,
manufacturers, farmers, home and infrastructure
builders, local communities, water districts,
and private property owners.
If enacted,
the new resolution would terminate the
administration’s WOTUS rulemaking utilizing the
CRA. The CRA can be used by Congress to overturn
certain final agency actions. An identical
measure was also introduced in the U.S. Senate
today by 49 senators, led by Environment and
Public Works Ranking Member Shelley Moore Capito
(R-W.Va.). The full text of the resolution is
available
HERE.
EMA’s Washington Conference and Day on the Hill 2023 Hotel Reservations and Registration Open February 6!
May 10-12 – Please note date change!
EMA’s annual Washington Conference and Day on
the Hill will be held in Washington, DC from May
10-12 at
The Mayflower Hotel. Our industry
continues to have dozens of important
legislative and regulatory issues to discuss and
the Day on the Hill remains the primary focus of
this conference.
The meeting will begin
with an Opening Session / Issues Briefing and
Region meetings in the afternoon of May 10. Our
welcome reception, exclusively sponsored by
EMA’s Board of Directors Council Partner
Federated Insurance, will include our fun and
popular PAC “live” silent auction fundraiser
(bidding and virtual viewing through download of
the C2Auction App on your mobile phone),
concludes the day! On the morning of May 11,
marketers will head to Capitol Hill
for their
first in-person visits in three years with their
Congressional delegations, after a buffet
breakfast and issues briefing for those who were
not able to attend the opening session. There
will be a luncheon exclusively sponsored by
EMA’s Board of Directors Council Partner Altria
Group Distribution Company at their Corporate
Offices on the Hill. On the evening of May 11,
we will feature our 2023 EMA Chair Jason
Mirabito along with honoring our other Past
Chairs in attendance. Our conference will
conclude after the EMA Board of Directors meet
on May 12 following a buffet breakfast and
committee meetings.
Once our event
opens, invitations will be sent out at 11:30am
Eastern Time to state association members, their
members who have attended EMA conferences in the
past, and Corporate Partners. You will find all
available details, including hotel reservations
and meeting registration, for Washington
Conference and Day on the Hill
here. Please make
your room reservations now to attend this
important and productive forum to meet with your
members of Congress and network with other
marketers from across the country! See you in DC
in the Spring!
Competition heats up for U.S. direct air capture
program | E&E News
The untimely death of America’s ‘most equitable’
EV rebate | E&E News
Congress’ ‘biggest fight’ over climate? It’s the
farm bill. | E&E News
Exclusive: Tesla's Musk meets top Biden
officials on EVs in Washington | Reuters
TravelCenters of America to Add EV Fast-Charger
Stations | Wall Street Journal
US Utility Shutoffs Climbed Last Year on Higher
Energy Costs | Bloomberg
Carmakers face a crossroads as they work to fit
auto dealers into their EV plans |CNBC
North Dakota landowners at odds in carbon
pipeline plans | AP News
BP cuts long-term forecast for oil and gas
demand | Financial Times
Biden Faces Climate Litmus Test on
ConocoPhillips’s Alaska Oil Project | Bloomberg
This group is sharpening the GOP attack on
‘woke’ Wall Street | The Washington Post
Pricey SUVs Emerge as Hot Point in Debate Over
EV Tax Credits | Bloomberg
New York Gasoline Shortage Brews on EU’s Russia
Ban Fallout | Bloomberg
January 2023 Energy Marketers of America Small Business Committee (SBC) PAC Contributions
PAC Co-Chairs Mike Downs and Tim Keigher are
grateful for the Energy Marketers of America
Small Business Committee (SBC) PAC contributions
from the following individuals during the
January 1-31, 2023 time frame:
Alabama: Lydia Barber, Glennie Bench,
Matthew Bogue, Jon Bolle, Joseph Brown III,
Jason Burton, James Cochran, Connie Collins,
Bart Fletcher, Sammy Gibson, Zane Hood, Will
Jackson, Christopher Jones, Deanna Lawley,
Christopher Mohon, Thomas Moore, Kent Rice, Tim
Shirley, James Sibley, Todd Sitton, Geoff Smith,
Hook Smith, Jonathan Tang, Marilyn Waggoner, Pam
Young
Connecticut: Chris
Herb, David Sousa
Mississippi:
Jim Lipscomb
Missouri:
Brent Anderson, Steve Ayers, Wayne Baker, Robert
Baker, John Blanton, Mary Braddock, Michael
Fields, Scott Frazier, Anthony Gier, Bradford
Goette, James Greer, Michelle Hoerstkamp, Tracey
Hughes, Jami Jordan, Ron Leone, Steven Madras,
David Mangelsdorf, James Maurer, Donald McNutt,
David Milligan, Lane Patterson, Janice
Patterson, Lynn Wallis, Jeff Wood, Laura
Younghouse
Montana: Dirk
Cooper
Nevada: Mark
Lytle
New York: Kris
DeLair, Jason Mirabito, Brandon Smith
North Dakota: Deanne Svaleson
South Carolina: Sam Bell,
Richard Clark, Michael Fields, Matthew Greene,
Brittany Kalivas, William Keenan, Jason Madden,
Eddie Parnell, David Tucker
Tennessee: Emily LeRoy
Texas: Bobby Warren
Virginia: Lewis Wall Jr
Washington: Brad Bell
Federated Insurance Employment Practices Network HR Question of the Month
Federated Insurance’s HR Question of the Month
focuses on employment-related practices
liability issues. This month’s question is:
References? We terminated an employee a few
months ago for poor performance and misconduct.
We recently received a phone call from another
company that is considering hiring this
individual. The company is asking for a
reference. What should we tell them? Are we
allowed to say why the employee was fired? If we
tell the truth and the employee does not get the
new job, can he sue us? Please click
here to
read the response.
For additional
information or to discuss this in further
detail, please 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.
EMA Member Services Spotlight Featuring: ODP (formerly Office Depot and Office Max)
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Restrictions may apply. Subject
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