FUELIowa Magazine: November/December 2024

T H E VO I C E A N D R E S O U R C E F O R I O WA ’ S F U E L I N D U S T R Y

2024 YEAR IN REVIEW

pg. 4

LOOKING FORWARD TO 2025

pg. 16

SHAPING OUR INDUSTRY’S FUTURE

pg. 22

LEGISLATIVE PRIORITIES

pg. 32

VOLUME 79, NO.6 2024 NOV / OCT F U E L I O WA // w w w. F U E L I o w a . c o m

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ON THE COVER A Fuel pump Together We FUELIowa

FE ATUR E S 4

2024 YEAR IN REVIEW

16

LOOKING FORWARD TO 2025

22

SHAPING OUR INDUSTRY’S FUTURE

32

LEGISLATIVE PRIORITIES

IN TH IS IS S UE 36

MEMBER NEWS

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UPCOMING EVENTS

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INSIDE THE BELTWAY

10430 New York Ave Suite F Urbandale, IA 50322 p (515) 224-7545 f (515) 224-0502 info@FUELIowa.com www.FUELIowa.com 2

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CH A IRMAN’S P E R S P E C TIV E Dear FUELIowa Members, As we reflect on 2024, I am filled with gratitude for the incredible achievements we have made together, and I thank you for the opportunity to serve as Chair this past year.

In this issue, you will see our Year in Review which highlights some of our accomplishments this year, including an increase in financial support for fueling infrastructure, property tax relief on above ground storage tanks, and a vaping registry

EXEC U TIVE COM MITTEE Keith Olsen Chair Olsen Fuel Supply Atlantic 712-243-2340

to name a few.

We also had a record year at the UMCS show, a near record safety dividend from EMC Insurance, and we have hit our membership goals including thirty new member companies joining FUELIowa since July. We have put a strong team in place and with growing engagement, we will reach new heights.

Tessa Anderson Vice Chair Rainbo Oil Dubuque 563- 526-1179

We are currently conducting our Legislator Lunch & Learns throughout the state so legislators can hear first-hand the challenges and opportunities in our businesses. I encourage you to attend and engage.

Also, be sure to cast your vote in our upcoming election of the FUELIowa Board of Directors. We are blessed to have so many dedicated leaders willing to invest their time

Nate Lincoln Treasurer Lincoln Farm & Home Service LLC Glenwood (712) 527-4833

and talent to serve our great industry.

Looking ahead, I am excited about the potential for even greater achievements in the coming year. Together, we can build on our successes, tackle new challenges, and expand our impact.

Dave Reif Immediate Past Chair Reif Oil Company Burlington 319-752-9809

Together We FUELIowa

Ke it h BOARD OF D IREC T O R S Chris Biellier Associate Director Seneca Companies Davenport | 563-332-8000

Tia Eischeid Director Al’s Corner Oil Co Carroll | 712-673-2723

Dennis Jaeger Director Mulgrew Oil Dubuque | 563-845-8359

Chad Besch Director NEW Cooperative Algona | 515-295-2741

Wade Fowler Associate Director Core-Mark Midcontinent, Inc. DBA Farner-Bocken Carroll | 641-777-0308

Scott Moore Director Western Oil, Inc Omaha | 402-618-2238

Don Burd Director Otter Creek Country Store Cedar Rapids | 319-533-1825

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Cara Ingle Associate Director Unified Contracting Services Des Moines | 515-266-5700

Jason Stauffer Director NEWCENTURY FS Ames | 515-370-3127

Scott Richardson Director Key Cooperative Roland | 515-291-0623

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2024 Year in Review

By Sarah Bowman D i r e c t o r, Communications & Events FUELIowa

Fuel Association: A Year in Review – A Year of Success and Growth As we reflect on the past year, we are excited to highlight the many milestones and accomplishments achieved by FUELIowa. This year has been marked by growth, innovation, and a deepening commitment to supporting the energy industry’s future through collaboration, education, and sustainability.

Looking Ahead to 2025 As we close out a year of exceptional achievement, we are more focused than ever on continuing our mission to drive industry progress. Looking ahead to 2025, we are committed to expanding our advocacy efforts, furthering our initiatives, and continuing to provide the educational resources and networking opportunities our members need to succeed in an increasingly complex energy environment.

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A Final Word The success of this year wouldn’t have been possible without the support and dedication of our members, partners, and staff.

Together, we have achieved significant milestones, and we look forward to a future full of opportunity and growth.

Thank you for being part of the FUELIowa journey. Here’s to another successful year ahead, filled with progress, innovation, and collaboration. The following is a collection of articles showcasing our educational, networking, and growth through 2024. #Together We FUELIowa

FUELIowa Members Learn to Apply for Millions in USDA Grants for the Fuel Industry FUELIowa partnered with Growth Energy and Iowa Corn to present a webinar on how to navigate the application process for the grants available to members.

On Tuesday, March 19, FUELIowa members attended a grant workday held at Iowa Corn offices.

"This process has a great learning curve, but we're learning an awful lot," said Jerry Fratzke, owner of Pronto Markets. Judy Barnes and Brooke Lilley with Jet Gas participated, with Judy sharing, "This would've been great back in F U E L I O WA // w w w. F U E L I o w a . c o m

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2022. I spent days, evenings, hours upon hours to get this done."

Thank you to all who participated in these important discussions.

Thank you to GrowthEnergy and Iowa Corn for hosting the webinar and workshop. Together We FUELIowa.

Together We FUELIowa.

March FUELIowa and EMC Announce $1.49 Million Dividend for Their Insureds FUELIowa & EMC are happy to announce a $1.49 Million dividend paid to participants who take advantage of our Safety Dividend Program for Property & Casualty Insurance.

March 2024 Legislative Lunch and Learns and Legislative Meeting on the Hill FUELIowa's Lunch and Learn series continued its success in January and February, with engaging conversations between members, legislators, and staff.

We're thrilled to report that our new Storm Lake location was wellreceived. A big thank you to all attendees and the legislators who made time for these important meetings.

Your participation reinforces the value of our legislative outreach efforts and fosters meaningful connections and advances our mission to support Iowa's fuel industry.

On March 7, FUELIowa and the Iowa Corn Growers Association joined forces to hold a series of impactful meetings at the Iowa State Capitol with legislative leadership and the Governor's Staff. This strategic collaboration showcases the strength of industry partnerships in advancing shared priorities.

The 2023 dividend of $1.49 million is the highest in the past 5 years and up more than 35% over last year.

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Tessa Anderson explained, “Rainbo Oil Company has been insured

by EMC Insurance for more than 35 years. This year marks the 20th consecutive year in which we have received a safety dividend check from FUELIowa, previously PMCI.

In 2021, a one time bonus was paid to members.

The FUELIowa/EMC program is tailored specifically to fuel marketers and the convenience store industry and is backed by EMC, Best Rated “A” (excellent) rated company as of 11/3/2023.

In addition to great coverage, service, and financial strength you can count on, the program can be accessed through any local agent representing EMC with strong support from our managing general agent, AssuredPartners.

receive a dividend check, which helps off-set the primary cost for our insurance through EMC. Remember, to get the dividend check and other benefits you must be a member of FUELIowa and have your insurance through EMC. EMC is also very good with risk management to help keep our company safe , which helps keep our claims down. If you don't have EMC insurance,

I highly recommend you contact EMC shares the underwriting profits Fuel Iowa or with their insureds contractually your insurance unlike other carriers which prevents promised discounts from vanishing agent to get once losses are incurred. signed up, Henry Jessen from Johnson Oil/ otherwise Cylinder Express stated "Our company has been a member of you're missing FUELIowa since 1949, along with over 30 years of having EMC as the boat." our insurance provider. During the past 30 years I have personally seen the value of being a part of these organizations. Each year we

-Henry Jessen, Johnson Oil/Cylinder Express

EMC is superb to work with whether handling a WC, property, or vehicle claim; we can be assured that the claim is going to be handled timely and professionally. The umbrella liability coverage going over top of the pollution coverage is an area many insurance companies elect not to cover for those in the fuel industry, but EMC continues to provide us that coverage.

They also offer many training programs available that are very advantageous to us.

We are very pleased with the coverage that EMC provides and we love the fact that through our focus on safety we are rewarded with a dividend check.”

-Tessa Anderson, Rainbo Oil Congratulations to all FUELIowa participants for their outstanding safety practices and continuing education that helped drive this amazing dividend. FUELIowa has mailed all the checks out to the participants in the program.

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

Tailored coverage - Coverage tailored to the fuel marketer and convenience store industry: o Property  Blanket building and personal property coverage per location  Automatic limit increases to help offset inflation.  Consigned property  Tank leakage – loss of the insured’s product due to an above ground tank leak.  Leased and loaned tanks and equipment – property coverage for the insured’s tanks and equipment at a non-owned location while under lease or loan.

      

o

o

Foam and Chemical Fire Department Charges – expense accessed to the insured for the use of foam or chemicals in response to a fire loss.

Lessee Change Over Coverage – property coverage on locations where the ownership or responsibility for property insurance reverts to the Insured.

Security Guard Charges when necessary to protect covered property after a covered loss.

Loss to Inventory from Spoilage as a result of equipment breakdown or electrical disturbance.

Utility Interruption resulting in loss of business income or extra expense Personal property of others Optional  Pollutant cleanup and removal above ground storage tanks – cleanup expense from covered perils  Unauthorized Use of Fuel Access Card – loss of product that the insured is responsible due to a terminal access card theft.  Gas or Oil Contamination – loss of the insured’s product due to a surface water contamination.  Erroneous Delivery – loss of the insured’s product due to a mis-delivery of petroleum products.  Equipment breakdown

General Liability  Liability coverage for the mis-delivery of liquid product  Medical payments coverage for bodily injury to a customer arising out of the customer dispensing petroleum from a petroleum pump at the insured’s premises.  Volunteers as insureds  Contractual liability for automatic/keep-fill agreements  Contractual liability for terminal access agreements  Automatic Additional Insured status where required by written contract  Optional  Liquor liability  Employee Benefits Liability  Employment Practices Liability Auto Liability  By endorsement  Pollution Liability – broadened coverage for covered autos.  Employees as insureds  Employee hired autos  Automatic additional insured where required by written contract  Auto Loan or lease coverage for early termination fees/penalties  Common occurrence deductible for two or more covered autos

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Combined occurrence deductible for physical damage loss to covered autos and cargo.

New vehicle replacement cost on private passenger vehicles and vehicles of GVW of 20,000 or less.

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

o

Workers’ Compensation

o

Commercial umbrella

o

Multi-line retention option – obtain premium credits for the insured assuming a large, self-insured retention that applies to multiple lines of insurance (commercial property, business owners’ coverage, inland marine, crime, general liability, and commercial auto).

Value added services o

o

Loss control - support, both on-site and on-line, to help insureds to prevent losses whether their operations focus on bulk fuel deliveries or conveniences store  Ergonomic evaluations  Slip and Fall prevention training  Hazard Control Assessments  Injury management programs  On-line safety training  Free “Duty to Warn” services for insureds with propane sales and distribution through “P3 Propane Safety”, a compliance and risk management company.

Claims

 

Reporting - Policyholders have claim reporting options available to them through the EMC agent, online, or by phone using EMC’s toll-free claims reporting hotline, Workers’ compensation – Medical management services

·

EMC OnCall Nurse

·

Medical Bill Review

·

Pharmacy benefits management

·

Utilization review

·

Case Management

·

Rehabilitation services

April 2024 UMCS A Success The 2024 UMCS show was a huge success – thank you to the sponsors, exhibitors, attendees, committee members and staff who made it such an incredible event.

The use of the mobile app was up over the previous years, and 98% of the people who downloaded the app, used it to plan their convention, message attendees,

and share pictures. Attendees were excited for the return of casino night, to hear from EMA President Rob Underwood, Keynote Speaker Frank Kelly, Featured Speaker John Eichberger, and the show floor was BUSY at all times!

In the two weeks leading up to UMCS, staff pivoted and moved

the auction online and the money raised by FUELIowa for EMA doubled. These funds will be used to strengthen our voice with the Iowa delegation at the federal level.

We’re already looking forward to UMCS 2025 – Save the Dates!

April 7-9, 2025

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June FUELIowa Teams Up with Americans for Prosperity (AFP) to Fuel Iowans At a small bp station near the southside of downtown Des Moines, FUELIowa teamed up with Americans for Prosperity (AFP) on May 31 to give Iowans a break in fuel prices.

The price per gallon dropped from $3.23 a gallon to $1.63 a gallon, reflecting prices from only 39 months in the past. The line curved around two city blocks, with many thankful customers from all over the metro Des Moines area.

While helping to pump fuel, FUELIowa staff and former board member Glenn Haskin also handed out cold bottles of water, and

visited with consumers. Iowa Congressman Zach Nunn joined the group, even pumping a few tanks for grateful consumers.

In only two hours, 2, 145 gallons of fuel were pumped and sold.

It goes to show how important affordable liquid fuels are to all Iowans.

Together, We FUELIowa.

June 2024 Benefit for Camp Courageous Since 1981, FUELIowa (then PMCI) has participated in a benefit for Camp Courageous – it all goes back to hearing about the financial struggles, and touring the camp. Seeing the camp with their own eyes, the PMCI board of directors knew they had to do something to assist, and the FUELIowa’s Benefit for Camp Courageous was born.

This year was SOLD OUT! Thank you so much to our members for stepping in and teeing off for the kids. Once again, the weather cooperated, members enjoyed networking, playing golf, an auction and prime rib dinner at the end of the day.

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Camp Courageous CEO, Charlie Baker said, “It was fun to have Sydney Affolter from this year’s University of Iowa Women’s Basketball Team attend the 2024 FUELIowa Golf Benefit for Camp Courageous.”

Pictured, long time FUELIowa member, Larry Bentler of Fairfield, IA gives Sydney Affolter some pointers on her putting.

Glenn Hasken, Camp Courageous Board Member, and past FUELIowa Chair auctioned off 5 limited edition Camp Courageous/Fuel Iowa 2021 Jeep Gladiator Rubicon (donated by Dave Bell, SpecCast, Dyersville, IA) that University of Iowa Women’s Basketball Coach, Lisa Bluder, had signed earlier in the day. Each vehicle went for $260! Thank you to Coach Bluder and members of the winning Iowa Hawkeye’s basketball team for stopping by and visiting with FUELIowa members!

Charlie added, “Sydney is a first class individual and we wish her the very best! Larry’s Dad, LeRoy Bentler, was among the first Petroleum Marketers to visit Camp Courageous and decide to take Camp under their wing in 1981… for which Camp Courageous has been forever grateful!”

(PAC) for FUELIowa.

This year, we introduced an online auction, which was a favorite for many in attendance.

The ability to preview the auction items before the event was a big selling point for attendees.

As a result of the auction itself, more than $9,000 was raised. We are thrilled with the success of the auction and look forward to hosting another one next year.

Thank you to all of the companies who donated to the auction!

FUELIowa was thankful to have Iowa's Attorney General Brenna Bird speak at SUMMERFEST, explaining what her office does (and doesn't) handle, and answering questions from members. Attorney General Bird also provided advice on how to protect oneself from scams, and how to recognize signs of fraud.

She was a great resource for all attendees and great asset to FUELIowa's SUMMERFEST event.

Mark your calendars for June 9, 2025 for the next Benefit for Camp Courageous at Finkbine Golf Course in Iowa City, Iowa!

August SUMMERFEST 2024 A Success FUELIowa held its annual PAC fundraiser SUMMERFEST in Okoboji on August 1 and 2. The event was a huge success, with over 125 attendees. During the event, a total of over $20,000 was raised that will be used to help support the Political Action Committee 10

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Entertainment by Tim Gabrielson during dinner was well received.

The combination of his comedy and magic had the audience in stitches. We're still wondering how he and Tessa Anderson calculated that number!!

The Annual Bags Tournament is always a draw, but this year was the introduction of the traveling bags trophy, a wrestling style belt reminiscent of WWE days. It did not take long for registrations to begin after the announcement of the belt was made. A hard fought battle was won by Team Yant (Jared Baker and Scott Spencer) who donated their winning prize back to the PAC. Thank you for your generosity!

Bright and early on Friday morning, golfers arrived at Brooks Golf Club for a round of golf and networking.

Thanks to sponsors, we were able to offer a hole in one contest for a GMC 1500 Sierra truck. While many landed on the green, no one was able to make the hole in one. That didn't damper spirits, with everyone reporting a great game with great weather. Gathering at the "19th hole" clubhouse, the winning team was announced, and once again, it was team from MAST ATM taking home the traveling trophy.

Thank you to all of our sponsors and attendees. Without you, we couldn't continue this great event.

Together, We FUELIowa!

An Exciting New Chapter at FUELIowa By Gary Koerner, CEO

It is a privilege to step in as the new CEO of FUELIowa, an organization that I have had the honor of serving for nearly nine years, initially as EVP and then as CFO and I am F U E L I O WA // w w w. F U E L I o w a . c o m

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excited to get to work in my new role.

I am an Iowa native and managed to convince my wife of 28 years (Gail) to move to Iowa from the Chicago area and start a family. We have four children, Jack, Caroline, Jane, and Matthew, and recently became empty nesters with our youngest off to college this fall.

Prior to joining FUELIowa (at the time PMCI), I spent nearly 20 years at Meredith Corporation, one of the largest publishing houses in the world. PMCI leadership at the time recognized the value in my experience, even though I was not from the fuel and convenience industry.

What I brought to the table was a diverse background in leading marketing, business development and finance teams on some of the largest magazine brands in the world, like Better Homes & Gardens and Family Circle to name a few, selling our products to retail giants such as Wal-Mart, Kroger, and The Home Depot.

Eventually, I became Executive Director of Retail, overseeing the marketing, sales, and distribution of Meredith’s entire magazine portfolio across North America.

Since joining FUELIowa, I have

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been proud to work alongside our team to rebrand the organization to what it is today. We also rebranded the PMCI Trust to HEALTHAlliance and focused heavily on streamlining operations, reinvesting those savings into our advocacy efforts. Our goal has always been to strengthen FUELIowa and position it for longterm success.

Over the past 9 years I have had the privilege of getting involved with all aspects of our organization—from the EMC property and casualty program and HEALTHAlliance, to the FUELIowa PAC and everything in between. Along the way, I have

met so many incredible members of FUELIowa, and I can honestly say I have enjoyed getting to know all of you much more than many of my old business contacts in New York! All kidding aside, this work has been energizing and fun.

Fast forward to today, and I am honored to step into the role of CEO. I am fortunate to be leading a talented team, working with a dedicated Board of Directors and Board of Trustees, and serving our incredible members across the state.

FUELIowa has so much to be proud of. We represent close to 99% of the fuel gallons sold in

M E E T

Iowa, offering every type of fuel customers need. We serve Iowans in all 99 counties—urban and rural—ensuring that farmers get the fuel they need to power our agriculture economy and that consumers have access to fresh food and convenience items every day.

Liquid fuels power our economy, and I look forward to leading FUELIowa as we continue to evolve and thrive for another 90 years. Thank you for being a part of this journey with us.

Together, We Fuel Iowa!

Gary

T H E

T EAM

John has worked in the fuel industry throughout his career, joining FUELIowa in 2008. His primary areas of responsibility include federal and state advocacy as well as serving the day-to-day consulting needs of FUELIowa’s small business members.

J O H N M AY N E S , President, Government Affairs

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John serves on the Board of Directors for the Iowa Renewable Fuel Infrastructure Grant Program and served for five years on the Iowa Comprehensive Petroleum Underground Storage Tank Fund Board of Directors before its sunset in 2024. In addition to those roles, join serves as an advisory member of the Energy Marketers of America (EMA)

Motor Fuels Committee, EMA Underground Storage Tanks Taskforce, and is a member of the American Society For Testing and Materials serving on the Environmental Assessment, Risk Management, and Corrective Action Committee.

John earned a Bachelor of Arts Degree in History and English and his Juris Doctor from the University of South Dakota. John and his wife Leslie reside in Norwalk, Iowa along with their sons Sully and Will.

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JIM EWING,

Jim serves as Director, Membership

Energy covering eastern Iowa, Illinois

D i re c t or,

& Business Services. In this role, Jim

and eastern Missouri. He also worked

Me m b e r sh i p &

manages all operational activities

eleven years at Solar Transport in various

Busi n e ss Se r v i c e s

related to membership retention and

recruiting and sales management roles.

recruitment, business services programs, sponsorship and advertising.

Jim earned his undergraduate degree from the University of Northern Iowa.

Prior to FUELIowa, Jim was an Energy

He and his wife Amanda have three

Account Manager with GROWMARK

children residing in Norwalk.

S A R A H B OW M A N ,

Sarah serves as Director,

Iowa, and multiple sessions in the Iowa

D i re c t or,

Communications & Events, responsible

Legislature clerking for Senators and

C om m un i c a t i on s &

for the bi-monthly magazine, social

Representatives.

Ev e n t s

media, press releases, the weekly Insider, and events.

Sarah earned her Bachelor of Science degree in English from Iowa State

Prior to FUELIowa, Sarah served as

University. She and her husband David

Director of Industry Affairs with Iowa

live in Clive with their five children,

Poultry Association, Communications

William, Sean, Brendan, Henry and

Director for Agribusiness Association of

Mary Elouise.

M A R C B E LT R A M E ,

Marc T. Beltrame brings 18 years of legal

In addition to serving as a consultant to

L ob b yis t

experience and a bipartisan approach

numerous local, state and congressional

to government relations advocacy both

campaigns over the years, Marc was

in Iowa and Washington D.C. Marc

the state director and senior advisor

delivers best-in-class access to decision-

to former U.S. Senator Christopher J.

makers and a strong reputation for

Dodd’s presidential campaign in Iowa

handling some of the biggest, most

during the Iowa Caucus. Marc also

challenging issues with a focus on

has extensive operational experience

the gaming, agribusiness financial

with a number of federal government

services, and technology sectors. Prior

processes and issues having worked as

to founding the Beltrame Law Firm,

the Deputy Chief of Staff to former U.S.

Marc had the distinction of pursuing a

Congressman Leonard Boswell.

career in both government and politics.

D AV I D P E C K ,

David Peck joins the Beltrame Law firm

at Drake University. He obtained a

A s s oc ia t e lob b yis t

following a career as Infantryman. A

Legislative Practice Certificate for his

graduate of the United States Army’s

extensive service at the Iowa Capitol,

prestigious Ranger School, David served

including as an intern to then State

his country from 2010 - 2016. Following

Senator, Congressman Zach Nunn.

his career in the armed services, David received an undergraduate degree

Working closely with clients across diverse

from Iowa State University with an

business and non-profit sectors, David

emphasis in private land management.

plays a pivotal role in helping to identify

Following his undergraduate studies,

and articulate their legislative priorities.

David received his Juris Doctorate

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Drug, Alcohol & CDL Clearinghouse Program FUELIowa's Drug, Alcohol Testing & Clearinghouse Program is a great solution to the FMCSA CDL Clearinghouse rule. This integrated program leverages the buying power of FUELIowa members and our expertise to provide a low cost, seamless solution to help you fully comply with the regulation.

HOW DOES IT WORK

You can use FUELIowa’s program for Drug & Alcohol Testing only, or you can expand it to include the CDL Clearinghouse solution – your choice.

DRUG & ALCOHOL TESTING

CLEARINGHOUSE SOLUTION ADD-ON

Services include pre-employment testing, and random selection as part of a FUELIowa consortium of drivers.

It’s simple. You just register with the clearinghouse and appoint FUELIowa as your third party administrator. FUELIowa will then manage the clearinghouse, and conduct your queries. Plus, an expert at FUELIowa is just a phone call away.

We’ve negotiated low rates for approved chain of custody qualified testing at convenient locations for you, plus you’ll have a FUELIowa expert to help you manage your program.

FUELIowa has been managing Drug & Alcohol Testing for our members since 1990.

Note: Your company must participate in the Drug & Alcohol Testing Program to be part of the Clearinghouse Solution.

Focus on driving your business and let FUELIowa help you manage your compliance. FUELIowa Drug, Alcohol Testing & Clearinghouse Program will save your company significant time and money and allow you to do what you do best. Let FUELIowa be your safety & compliance expert.

HOW TO JOIN

Contact FUELIowa’s Jim Ewing at 515-421-4596 or jim@fueliowa.com to sign up or learn more. *See pricing on back

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PRICING

CLEARINGHOUSE SOLUTION ADD-ON

DRUG & ALCOHOL TESTING Annual Administrative Fee

$150 / year

Lab-Based Drug or Alcohol Test

$41 / test

Annual Administrative Fee

$100 / year

Additional Per Query Charge

$10 per annual query

Note: The Clearinghouse Solution pricing is an annual fee that covers the administrative time for FUELIowa to set you up in the clearinghouse and perform the queries for you. It is required by law for you to purchase a “Query Bundle” directly from the clearinghouse for FUELIowa to use as your 3rd party administrator.

Sounds great, so how do we get started? It's easy...

Driver and/or Employee Data Collection - First and Last Name (as it appears on drivers license) - Drivers License Number - Date of Birth - Issuing State Schedule a 20 Minute Set up Call 515-421-4596

10430 New York Ave., Suite F, Urbandale, IA 50322-3773 |

F U E L I O WA // w w w. F U E L I o w a . c o m

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P. 515.224.7545 |

www.FUELIowa.com

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Looking Forward to Calendar Year 2025

By John Maynes, President, Government Affairs, FUELIowa

Each year, as we approach the end of the calendar year and the holiday season descends upon us, my calendar reminds me to prepare an article highlighting key areas impacting the fuel industry in the upcoming calendar year.

Like clockwork, this reminder leads me to declare, where has 2024 gone and how is the Thanksgiving holiday nearly upon us?

Through the following article, I’ll attempt to address some common questions I receive from FUELIowa members as we wind down 2024 and get prepared for 2025.

Additionally, I will highlight certain legislative and policy initiatives that are set to take effect in 2025. As always, as you browse this article, if the text triggers a question in your mind, please contact me and we can work together to find you an answer to your question.

2025 Motor Fuel Excise Tax Rates Iowa’s motor fuel excise tax rates are set by statute. With the state of Iowa’s fiscal year running from July 1 – June 30, motor fuel excise tax rates will not change on January 1, 2025. If a change to Iowa’s motor fuel excise tax rate

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were to occur, the change would be communicated prior to July 1, 2025, in preparation for the start of the next state fiscal year (State FY – 26).

Because Iowa provides a lucrative

excise tax subsidy for gasoline ethanol blends containing 15 percent or more ethanol and biodiesel blends containing 20 percent or more biodiesel, it’s likely we will see an excise tax rate implemented on July 1, 2025. Iowa uses a graduated formula to set

excise tax rates for these preferred biofuel blends. As E15+ and B20+ blends gain market share, the excise tax differential between these blends and other motor fuels are set to gradually decrease.

2025 Iowa Motor Fuel Tax Credits

Fuel Type

Excise Tax Rate Through June 30, 2025*

Gasoline (E0 – E14)

$0.30

Alcohol

$0.255

E15+ Gasoline

$0.255

Diesel Fuel (B0 – B19)

$0.325

B20+ Diesel Fuel

$0.295

Aviation Gasoline

$0.08

Aviation Jet

$0.05

Liquified Petroleum Gas

$0.31

Liquified Natural Gas

$0.325

Compressed Natural Gas

$0.31

Hydrogen

$0.65

Electric Fuel

$0.026 per Kilowatt Hour

*Excise rates are assessed per gallon or on a per gallon equivalent

2025 Iowa Retailers Fuel Gallons Report On January 1, 2023, a provision contained in Iowa’s E15 Access Mandate on fuel retailers became law, requiring the mandatory reporting of annual fuel sales by Iowa’s fuel retailers.

Accompanying the mandatory reporting change, Iowa’s E15 Access Mandate went so far to create statutory penalties targeting fuel retailers for failing to comply with the annual request for gallon F U E L I O WA // w w w. F U E L I o w a . c o m

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sales sent to fuel retailers by the Iowa Department of Revenue.

Although enforcement to date has been sporadic, special interest groups like the Iowa Renewable Fuels Association who pushed for mandatory reporting and penalties have been vocal with the Department of Revenue about enforcement. On or around January 1, 2025, FUELIowa members retailing motor fuel should be on the lookout for an electronic request from the Iowa

Department of Revenue for your calendar year 2024 fuel sales.

All sales will be required to be reported through the Govconnect Iowa online filing portal.

In Iowa, a retail sale is any sale to an end-user made through a licensed meter. This includes brickand-mortar gas stations along with tankwagon and even transport deliveries to end-users in Iowa.

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Dating back to 2007, Iowa’s approach to the growth of retail biofuel sales has included a menu of fully refundable state income tax credits designed to incentivize businesses to invest in the infrastructure required to sell biofuels and draw down the price of these homegrown products to incentivize consumers to purchase them. The tax credit structure implemented in Iowa has been a great success. Unlike federal incentives, where upstream parties

use taxpayer subsidized credits to build margin, Iowa’s tax credits are finding their way to our street signs and reducing the cost of biofuel blends while simultaneously incentivizing consumers to purchase our homegrown products.

The 2025 Iowa Legislative Session will see Iowa’s biofuel tax credits at the forefront of policy discussions.

Iowa’s E15 tax credit of $0.09 per gallon, implemented along with

Iowa’s E15 Access Mandate in 2022, is set to expire on January 1, 2026, making Iowa’s 2025 Legislative Session the final session to extend the credit before it expires. Although Iowa’s package of biodiesel tax credits is not set to expire until January 1, 2028, the success of these tax credits are of equal importance and pairing the two together with the same expiration timeline is of common interest among all stakeholders in the liquid fuel industry.

Fuel Type

Tax Credit Rate

E15+ Gasoline Blends

$0.09

E85 Gasoline (E70 – E85)

$0.16

B11 – B19 Diesel Blends

$0.05

B20 – B29 Diesel Blends

$0.07

B30+ Diesel Blends

$0.10

All Iowa motor fuel tax credits are fully refundable state income tax credits available to retailers. As a reminder, a retail sale in Iowa eligible for a tax credit includes sales made at a brick-and-mortar gas stations as well as sales to end-users from a tankwagon or transport vehicle.

Federal Biodiesel Blender’s Tax Credit The $1.00 per gallon federal biodiesel blender’s tax credit is set to expire on January 1, 2025.

The credit is slated to be replaced with a new credit available for producers of biodiesel. Over the last several months, fuel industry stakeholders have united to renew the federal biodiesel blender’s credit and provide biodiesel

delegation and our partners at the Energy Marketers of America to keep you updated with the latest news on this credit. FUELIowa plans to be in Washington, D.C. to visit with our delegation on this issue and more on December 17. blenders with certainty moving forward. With the chaos and uncertainty of the election season now behind us, I am optimistic policy items like the extension of the biodiesel blender’s credit will be addressed. Over the years, we have seen the biodiesel tax credit extended in the waning hours of a calendar year, or alternatively, we have seen the credit extended and made retroactive. I think both options are on the table as 2024 winds to a close. FUELIowa will be working closely with Iowa’s

Iowa E15 Access Mandate Deadline and Waivers Since passage in 2022, numerous aspects of Iowa’s 46-page E15 Access Mandate have taken effect. As we turn the page on 2024, 2025 will mark the final year before the state of Iowa requires a licensed fuel retailer to offer E15 from a minimum of 1 dispenser or face penalties enforced by the Iowa Department of Agriculture and Land Stewardship.

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According to the most recent data available from the Iowa Department of Revenue, 489 of Iowa’s 1879 retail motor fuel stations are currently offering E15.

That number has likely grown since the most recent report from the Iowa Department of Revenue but for many, 2025 marks the final year before enforcement of Iowa’s unprecedented law is set to take effect.

Iowa’s E15 Access Mandate affords three waivers for fuel retailers seeking relief from Iowa’s E15 Access Mandate. If a retailer can prove that their location can fit within the parameters of any of three waivers, they should be granted a waiver from the requirements of the law. Waivers granted to an eligible retailer are good through 2041. All waiver forms may be found on the Iowa Department of Agriculture website searching for E15 Access Standard.

Small Retailer Waiver The small retailer waiver is available to a fuel retailer who sold less than 300,000 gallons of gasoline (all grades combined) in calendar years 2020, 2021, and 2022. Sales are verified and averaged using all three years.

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sales of its licensees. Unfortunately, it appears that in the haste to pass the E15 Access Mandate, proponents of the law failed to consult with the Department on the type of records they maintain.

If you encounter challenges with your waiver, please contact the FUELIowa office and we will work with you to assist with the verification of your gallons and your pursuit of a small retailer waiver.

Cost Waiver Iowa’s E15 Access Mandate cost waiver analyzes the cost imposed on a retailer when making E15 available at a single fueling position. Although UST systems are not set up to use a single tank to supply a single dispenser, the law and accompanying cost waiver were tied to making E15 available at a single dispenser to minimize the perception of cost mandated upon a fuel retailer while minimizing the number of retailers eligible for the waiver.

Working in partnership with a UST professional licensed by the state of Iowa, you will review the compatibility of your existing infrastructure for the sale of E15 and determine your infrastructure replacement cost to make E15 available at a single dispenser. If your out-of-pocket cost exceeds $106,000, you are eligible to pursue a cost-based waiver.

Tank Age Waiver By statute, Iowa expressly exempts three classes of tanks from compliance with Iowa’s E15 Access Mandate. If your complete set of gasoline storage tanks at your facility fall within any of three categories outlined below, you may apply for a waiver from Iowa’s E15 Access Mandate based on the age of your tank. Your site is due for consideration of a tank age waiver if: 1. Each gasoline storage

tank not constructed

of fiberglass (steel) was

installed during or prior to 1985.

2. Each gasoline storage

tank constructed of

fiberglass was installed

during or prior to the

following years:

a.

For a double-wall fiberglass underground

storage tank, 1991

or earlier.

a.

For a single-wall

fiberglass underground

storage tank, 1996 or earlier.

For site owners with tanks that are not compatible with gasoline ethanol blends containing greater than 10 percent by volume ethanol and not exempted by the statute outlined above, please do not panic. You may still qualify for a 19

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cost waiver because the cost to remove and replace a tank for the storage of E15 will exceed $106,000.

of Revenue is now representing February 3, 2025 as their target date to begin enforcement.

Meanwhile, manufacturers of vapor products may begin submitting requests for their products to be listed on Iowa’s Vapor Products Registry beginning on November 12, 2024.

E15 Access Mandate and Equipment Compatibility 2025 will mark the final calendar year prior to Iowa’s new aboveground equipment mandate taking effect. For 2025, aboveground equipment installed for the storage and dispensing of E15 need only be compatible with the products you intend to store and dispense.

Beginning January 1, 2026, aboveground infrastructure used to store and dispense E15 will need to meet a minimum compatibility standard suitable for the storage and dispensing of E40. Both Gilbarco and Wayne have indicated their aboveground equipment will be E40 compatible, possible as early as quarter 1 of 2025.

Iowa Vapor Products Registry Following the 2024 Iowa Legislative Session, Iowa Governor Kim Reynolds signed HF 2677 into law. HF 2677 creates Iowa’s vapor products registry, a registry intended to regulate and control the proliferation and sale of vapor products, something the United States Food and Drug Administration (FDA) has failed to do. FUELIowa was supportive of HF 2677 and we believe it creates a workable regulatory framework overseeing the sale of vapor products by providing equal parts transparency and enforcement.

Only those products specifically listed on Iowa’s vapor products registry will be legal for sale within the state of Iowa. FUELIowa members with competitors selling illegal vapor products are encouraged to contact the association with this information.

Targeted enforcement will be the key to making Iowa’s vapor products registry successful in curtailing the proliferation of the sale of illegal vapor products.

FUELIowa members marketing vapor products or planning to market vapor products after the registry goes live, should work closely with their vendors to gauge which vapor products the vendor plans to submit to the state of Iowa for inclusion within the vapor registry. As products are listed on the state registry, FUELIowa will provide updates through our weekly newsletter.

While implementation of the vapor products registry has been delayed, the Iowa Department of Revenue has set a target date for January 2, 2025 for the Iowa Vapor Products Registry to go live.

Simultaneously, the Department

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Shaping Our Industry’s Future: Why Your Voice Matters on Our Board of Directors

B y G a r y K o e r n e r, CEO, FUELIowa

The lifeblood of any successful trade association is its members—and not just as participants, but as active, engaged leaders. As we approach the election of our Board of Directors, I want to take a moment to reflect on the critical role this leadership body plays in advancing our industry and how much I value and respect those who step up to serve.

This election isn’t just about filling seats on a board; it’s about shaping the future of our industry. The decisions made at the boardroom table influence our legislative priorities, guide our advocacy efforts, and set the strategic direction for our programs and services. Our board members serve as the compass for the work we do as an association.

Serving on the Board of Directors is more than a position; it’s a calling. It requires dedication, vision, and a willingness to lead on behalf of others. Board members become not only leaders in the

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association but also in the industry as a whole. They have the unique opportunity to shape policies, address challenges, and leave a lasting legacy that benefits their peers and future generations.

As the CEO of FUELIowa, I’m constantly inspired by the individuals who give their time, talent, and expertise to serve on our board. It’s a partnership in every sense of the word. Our board members bring their invaluable real-world perspectives, and together with our staff, our dedicated lobbyists, and our grassroots members representing 99% of gallons sold in all 99 Iowa counties, we work hand-in-hand to ensure we’re delivering meaningful results for our industry.

For those who aren’t running for the board but are eager to engage, there are countless ways to get involved. Volunteer for a committee, attend industry events, or contribute your insights in our forums or a simple phone call to our team. Every voice matters, and our association is strongest when our members are actively involved.

Together, We Fuel Iowa!

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AC T I V E C A N D I DAT E S Te s s a Anderson

Tessa is the third-generation owner of Rainbo Oil Company. She joined her father’s business after finishing her business degree at the University of St. Thomas. Rainbo Oil is a company of seven wholesale lubricant warehouses servicing eight states, eleven local convenience stores, and four Dairy Queen locations.

“I believe in FUELIowa for the knowledge, industry advancement, legislative agenda, and the numerous benefits and programs it brings to its members who actively participate. I am excited for the opportunity to continue to serve the FUELIowa members and the industry I have grown up in.”

Board Service: In my four years as a board member, I have served on the finance committee for 3 years, the nominating committee for 2 years, and the executive committee for 2.5 years. In my time as treasurer FUELIowa went from doing a full audit every year to a review, saving money and time. I am the current Vice Chair for the year 2024 and hope to be Chair of FUELIowa for 2025. Throughout my 4 years on the board, I have seen how impactful the FUELIowa PAC can be with certain legislative issues and have contributed significantly to the PAC since being on the board.

Board Goals: The Board Goals for my next term would be to support the current FUELIowa legislative agenda for the 2025 season, promote more activity within the board members to chair and take part in newly formed committees as well as FUELIowa members to be active in those committees, and reach the FUELIowa PAC goal.

I hope to help identify and support strategic initiatives for FUELIowa that would benefit the members within and our industry. I also hope to support the rebuild relationships with legislators and the Governor and continue to build on the already strong relationships with numerous others.

Jason F l oy

Jason Floy is the Director of Retail Operations at NuWay-K&H Cooperative.

NuWay-K&H Cooperative currently operates more than 25 bulk fuel and propane locations including 12 retail locations across Northern Iowa and Southern Minnesota. While attending North Iowa Area Community College (NIACC) and Buena Vista University, Jason started his career in 1995 working in the fuel industry for Nelson Petroleum of Clear Lake, IA. After being sold to K&H Energy in 2005, he continued his career with K&H Energy and held numerous roles including Route Delivery Driver, Energy Operations Director, and Retail Sales Director. Following a merger with NuWay Cooperative, Jason has served as Director of Retail Operations for NuWay-K&H Cooperative since 2018.

In his leisure time Jason enjoys spending time on the golf course, biking and cheering on the Iowa Hawkeyes. He is currently board president of the Veterans Memorial Golf Course and a member of the Clear Lake Booster Club.

Board Goals: Jason welcomes the opportunity to serve on the FUELIowa board of directors. In his almost 30 years of experience, he has seen many changes within the industry. He looks forward to working with marketers, legislators, and industry leaders to meet the challenges of all FUELIowa members.

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AC T I V E C A N D I DAT E S Brett Kimmes

Brett lives in Carroll, IA and is the VP of Marketing and Digital Media and Co-Owner of Kimmes Country Stores. They operate 14 locations in Iowa. Brett has been in this role among many others for almost 11 years. Prior to his current endeavor, he worked in a variety of roles with different retailers like Hy-Vee, Target, Dollar General and Kum & Go where he spent most of the early years of his career going all the way back to when he was 11 years old. Brett graduated from Dowling High School in West Des Moines and attended College at Iowa Western Community College in Council Bluffs. His wife Marie is the CFO for the family business and mother to their 3 children Brayden (10), Parker (9), & Evelyn (7). In his free time Brett enjoys golfing,

attending concerts and sporting events, as well as spending large amounts of time with his family and all the activities they are involved in.

Board Service: I have not served on any committees at this point in my career, but I look forward to the opportunity to take on a bigger role inside my industry.

Board Goals: If elected I would like to help FUELIOWA continue to pursue solutions to all the various issues and speak on behalf of their members and other retailers in our state.

Nate L i n co l n

Nate graduated from Iowa State University with a major in agricultural business.

After graduation in 2015, he returned home to join the family business. He always knew that he would enjoy working in the convenience and bulk fuel industry.

Lincoln Farm & Home Service LLC owns and operates three convenience stores, a bulk fuel business and supplies many other c-store locations with fuel.

Board Service: Nate currently serves as Treasurer and would like to continue to serve on the FUELIowa Board of Directors, giving back to its members in this fastchanging world.

D a ve Rei f

Dave has worked in his family’s business, Reif Oil Company in Burlington, Iowa for the past 18 years. He has worn many hats over the years and currently oversees their commercial, lube, propane, transportation and wholesale fuel business. Reif Oil Company was incorporated in 1978 and started by Dave’s Grandfather who drove a tank-wagon in* the late 1930’s. Reif Oil owns eight convenience stores in eastern Iowa along with fuel customers in Iowa, Illinois, Missouri and Wisconsin.

Dave graduated from the University of Iowa with a BBA in Finance.

Board Service: Dave is currently serving as Past Chair on the FUELIowa Board of Directors. He has been active on several policy committees of FUELIowa and believes our legislative advocacy efforts make the entire industry stronger. Dave’s dealer network provides him valuable feedback to help represent small and large businesses.

Board Goals: Dave believes FUELIowa helps all businesses stay on top of legislative and regulatory issues and enjoys helping FUELIowa advocate successfully.

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AC T I V E C A N D I DAT E S Scott Richardson

Scott has been with Key Cooperative's Energy team since 2006. Key Cooperative is a full-service cooperative offering Grain handling, feed, agronomy and Energy for over 100 years. For the past 7 years, he has led the Energy team as the Division Manager for Key Cooperative, but has held positions as an operations leader, Sales, Service and Propane/Refined Fuels delivery during his 18 years in energy.

Scott brings a complete top-to-bottom experience level in the cooperative energy business, managing a delivery, sales, and service team in bulk propane, refined fuels and lubricants along with 10 unattended retail cardtrol locations in central Iowa. Scott spent 12 years as a firefighter/EMT in the fire service and currently assists

as a youth leader with the local Boy Scout troop as well as an assistant coach for youth scholastic clay target programs outside of work.

Board Service: "I look forward to continuing to work with Iowa's leaders and businesses to keep fuel and energy relevant and advancing in Iowa. Fuel Iowa's association with these relationships gives us that platform and opportunity to do so."

Nate Stumpf

Nate has worked in the fuel industry for 13 years. He is passionate about his family and his work. Nate has a wonderful wife Brianna, kids Hannah, Claire, Kaleb and Boe. When he is not working at HTP Energy, he enjoys coaching his kids’ sports, hunting, and fishing.

Jason Wa l k e

Jason grew up in northeast Iowa graduating from Sumner High School in 1989. His parents were schoolteachers and small business owners. His dad served on the city council and as mayor for almost 50 years which is part of what taught him about the importance of volunteering to serve in capacities dedicated to “the greater good”.

He graduated in 1993 from the University of Northern Iowa (where both of his parents graduated from in the 1960s). After that he went to law school at the University of Iowa graduating in 1996. Since 1996, he’s practiced law in the Des Moines area. He started his own law firm around 2010 and have run it since then. In addition to that, in 2022, he became General Counsel for his longtime client, Heartland Co-op.

He is married to my wife of 27 years, Michelle. They have one daughter, Bailey, who is a senior at Kansas State University.

Michelle and Jason enjoy going to Kansas State football games to watch the Wildcats and Bailey (who is the feature baton twirler for the KSU band) and spending time at their property at Lake Panorama (where they are in the process of building our dream lake house).

Board Service: He has previously served on boards for various entities including the West Des Moines Girls Softball Association and the Des Moines Area Interfaith Hospitality Network.

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AC T I V E C A N D I DAT E S Inder Singh

Inder Singh is a successful entrepreneur with a deep-rooted commitment to Iowa’s convenience retail and fuel sectors. In 2004, he purchased his first convenience store in Storm Lake, Iowa, renaming it to Brew. Over the past two decades, he has grown this single store into a thriving network of 26 Brew stores across the Midwest, including a Brew Travel Center (branded as Travel Center of America) in Hutchinson, KS and another ground-up Travel Center project underway in Stuart, Iowa. His Brew stores are known for their fuel services, a wide selection of food and convenience items and premium specialty coffee offerings, creating a go-to destination for local customers and travelers.

Inder’s hands-on approach to business and his vision for customer-centered service have driven his company’s growth and established Brew as a trusted brand in Iowa and the Midwest.

Board Goals: Inder is eager to bring his knowledge of independently owned fuel providers, c-store innovation and customer service excellence to FUELIowa, advocating for policies that support independent retailers and foster growth across the industry.

He understands the challenges of adapting to market shifts and regulatory demands and is committed to finding solutions that benefit FUELIowa members and communities alike. With a passion for service and a track record of proven success, Inder would be a dedicated advocate for the fuel and convenience sector on the FUELIowa board

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A S S O C I AT E C A N D I DAT E S Ed Ro g e r s

Ed has worked in the petroleum industry for over 25 years in various roles including Lead Installer, Senior Service Technician, Service Manager overseeing Des Moines & Nebraska branches, Corporate Service Manager (8 branches) & Key Account Manager. He managed many large-scale projects, and his most noteworthy year included nine new convenience store builds in multiple states with a value of over $8M for the petroleum portion. He played an integral part of the company acquisition process that expanded their footprint in several states and grew the organization to $250M with over 100 service technicians.

In his current role as Vice President of Business Development he supports and grows key accounts, lead sales & estimating team members and promote company expansion. He enjoys his role because it enables him to provide our customers with the best equipment and exemplary service while building strong, long-lasting partnerships. The petroleum industry is exciting because it presents challenges that allows Ed to learn and grow both as an individual and a professional.

Board Service: He served on the PEI Service Ten Group as a chairman for four years and was an active member on the Gilbarco Service Advisory Council for two years.

He and his wife Jamie have three sons together: Hunter, Slade and Channing. They’ve been married for over 17 years and love traveling, riding their motorcycle and boating on Lake Okoboji in the summer.

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A S S O C I AT E C A N D I DAT E S Grant Palmer

Grant Palmer is a seasoned professional with over 13 years of experience in the petroleum industry. He currently serves as a Branch Manager and Account Manager for Seneca Companies’ Fuel Systems Division. Starting his career as a Remediation Specialist handling LUST (Leaking Underground Storage Tanks) cleanups, Grant has progressed into leadership roles, leveraging his expertise in compliance management, LUST investigation, licensed installation, and compliance inspections.

He is passionate about fostering customer relationships and providing training opportunities for newcomers to the industry. He is dedicated to helping customers access funding opportunities and navigate complex regulatory landscapes to enhance their operations. This commitment to innovation and resourcefulness further strengthens his ability to support and train industry newcomers as well as career long friendships with customers and industry focused personnel.

Board Goals: When elected, Grant wants to enhance customer support processes to build stronger relationships and trust.

Create initiatives to identify and prepare future leaders within the organization and build collaborations with government agencies, nonprofits, and other organizations to streamline grant programs and compliance processes. Develop robust systems and processes to adapt to and implement solutions for evolving regulatory changes all while being dedicated to fostering a culture of humility, integrity, and service. Known for my approachable and collaborative leadership style, I desire to prioritize building genuine relationships and supporting others' growth, both professionally and personally.

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Legislative Priorities Come Into Focus

By John Maynes, President, Government Affairs, FUELIowa

While Iowa’s Legislative Session traditionally runs from midJanuary through April, the preparation for a legislative session continues throughout the calendar year. Internally, the FUELIowa Board of Directors always has their sights set on opportunities to address issues common among the membership. For this reason, the Board of Directors and staff at FUELIowa are constantly seeking input and feedback from FUELIowa members regarding the issues facing member businesses.

Following any legislative session, FUELIowa embarks on a factfinding mission among the membership. By engaging members on the issues impacting their business, FUELIowa staff are able to take that feedback, provide it to the FUELIowa Board of Directors, and search for solutions to the problems identified by FUELIowa’s member businesses.

While this process fits tidily in the paragraph above, the work involved runs from May through the start of the following Iowa Legislative Session in January.

In general, the FUELIowa Board of Directors will identify the association’s legislative priorities at their early August Board

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meeting. Following the August Board meeting, FUELIowa staff is vetting our legislative priorities with our liquid fuel industry stakeholders and lawmakers to find and work through areas of alignment and conflict with the priorities of the association. Gathering this feedback in critical to ensure resources are allocated properly to achieve the objectives set forward by the FUELIowa Board of Directors.

Moving forward, the FUELIowa Board of Directors and staff are seeking more from our members in terms of association policy development. We are reinstating a committee process open to all members interested in participating. Committees will meet periodically throughout the year, likely through a virtual platform.

Over the course of these meetings, committees will identify challenges facing member businesses and develop policy solutions for staff to pursue.

The impact of working committees of the type we envision can be invaluable. In addition to providing FUELIowa Board members transparency in meeting their fiduciary duty to serve the best interests of all association members, committee members will be experts on the policy initiatives advanced by the association and we are strengthening our grassroots advocacy capabilities at the same time. Please consider reaching out to John Maynes in the FUELIowa office to get assigned to a committee of your choice.

For the 2025 Iowa Legislative Session, the FUELIowa Board of Directors has highlighted three areas of priority. In no defined order, the FUELIowa Board of Directors has prioritized staff to pursue legislative relief for F U E L I O WA // w w w. F U E L I o w a . c o m

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aboveground storage tank owners from the continued assessment of property tax levy’s on their aboveground storage tanks.

Additionally, Iowa’s biofuels tax credits are due for extension.

Iowa’s $0.09 per gallon E15 tax credit is set to expire on January 1, 2026, and Iowa’s menu of biodiesel tax credits are set to expire on January 1, 2028. It makes sense for future growth in retail biofuels sales to pair the tax credits available for ethanol and biodiesel to the same timeline.

Last, the 2025 Iowa Legislative Session marks the final session prior to Iowa’s E15 Access Mandate taking effect. With well over $200M invested in E15 infrastructure today, the latest report from the Iowa Department of Revenue shows 489 sites out 1879 offering E15 today.

Without practical adjustments to Iowa’s law, as it stands today, the Iowa Department of Agriculture will be forced to begin revoking licenses at retail motor fuel sites beginning on January 1, 2026.

Property Tax Assessments on Aboveground Storage Tanks FUELIowa members should add a note to their calendar for March 1, 2025. Around that time, you will receive a formal notice of your assessment. Your notice will include a right to appeal. If your ASTs are included in your assessment, we encourage you to appeal.

As an association, our goal is to fix the current inequity surrounding the assessment of tanks with a permanent, statutory fix. To date, FUELIowa has obtained an Iowa Court of Appeals decision, an Iowa Property Assessment Appeals Board decision, and at least four Iowa District Court decisions

affirming our interpretation of the Iowa’s property tax laws that aboveground storage tanks are equipment that is ordinarily removed when an owner changes location and therefore not subject to property tax.

Extending Iowa’s Renewable Fuel Income Tax Credits As mentioned earlier, Iowa’s fullyrefundable state income tax tied to the sale of E15 is set to expire on January 1, 2026. The 2025 Iowa Legislative Session will be the final opportunity for lawmakers to extend the tax credit prior to its repeal. Although Iowa’s fully refundable state income tax credits for B11, B20, and B30 are set to expire on January 1, 2028, it makes sense to pair both income tax credit tracks together by extending them and providing businesses with the certainty necessary to further investment in the infrastructure and marketing required to grow sales of our homegrown biofuel products.

While state lawmakers have been historically supportive of biofuel tax credit programs in Iowa, according to the most recent Tax Credit Contingent Liabilities Report released by the Iowa Department of Revenue, Iowa is projected to spend nearly $44M in state fiscal year 2025 on its biofuels tax credit package. With property and income tax cuts on the minds of state lawmakers, and signs of declining state revenues on the horizon, prioritization among various state tax credits is likely to be a focus for state lawmakers in 2025. Fortunately, we have a success story to share when it comes to the sales growth driven through Iowa’s biofuels tax credit package.

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We’re keeping insurance human.

To keep your business protected.

To keep you focused on your customers.

To keep your community thriving.

This is our promise. Let’s achieve it together.

Learn more at emcinsurance.com

©Employers Mutual Casualty Company 2024. All rights reserved.

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ME MBER HAP P E N I N G S FU ELI OWA M EM B E RS I N T HE N E WS

Overlook. The company joins Principal Financial Group, which has invested $3 million in the project and in turn will be the namesake of Principal Point, where users will be able to access the downtown water trail at the Scott Avenue Dam. ICON includes a proposed 80 developments on 150 miles of waterways in central Iowa. The Center Street site, where ICON plans

Mulgrew Oil & Propane Co.Hosts Representative Ashley Hinson

to renovate the Center Street dam on the Des Moines River beneath the Iowa Women of Achievement pedestrian bridge and add a

A special thank you to Representative Ashley Hinson (2nd District in Congress) for taking time out of her busy schedule to put boots on the ground

whitewater course, will be one of the $125 million initiative's gems. The overlook will be upstream on the river's east bank, a rendering shows.

to meet with some of our leadership team and tour our corporate office in Dubuque. Her passion for issues like Energy and Agriculture and Rural Development are right up our alley.

F UELIowa Fa shi o n i s Avai l a b l e !

Casey's donates $1 million to downtown ICON Water Trails, will be overlook's namesake

A rock climbing wall and four ziplines crossing the river are planned nearby.

Men or Womens Jacket: Port Authority® Packable

Casey's General Stores has donated

Puffy Jacket

$1 million to the Iowa Confluence

Color: Black

Water Trails, demonstrating

Sizes: XS-4XL

the convenience store chain's commitment to creating "great places

Men or Womens Vest:

to live, work, play and explore," CEO

Port Authority® Packable

Darren Rebelez said in a news release.

Puffy Vest Color: Black

The hefty donation comes with perks.

Sizes: XS-4XL

The Ankeny-based convenience store chain received the naming

Email Jim Ewing at

rights for an overlook to be built at

jim@fueliowa.com

ICON’s Center Street site, which will

to order your FUELIowa fashion.

be known as the Casey’s Scenic

"Central Iowa is full of unexpected outdoor recreation benefits, and we are proud to be part of ICON Water Trails through our support of the Center Street site," Rebelez said.

ICON Water Trails Executive Director Stephanie Oppel thanked Casey's for its donation and dedication to its customers, who she said will benefit from the water trails' amenities.

“The private sector in our region is truly exceptional, and it’s because of

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30871 Nov Dec 2024 Magazine v5.indd 36

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partners like Casey’s that we’re able

Shell’s The Giving Pump campaign

Loop Neighborhood Market and AU

to bring this project to fruition," Oppel

is returning this fall for its fourth year.

Energy for The Giving Pump campaign.

said.

Running until October 31, a portion of purchases made by consumers who

"We are thrilled to partner with

Construction at ICON’s Harriet Street

use the designated purple pump at

Peninsula Bridge through The Giving

site and Principal Point at the Scott

select Shell stations will support local

Pump initiative," said Sunny Goyal,

Avenue Dam is on schedule. ICON’s

children's and family-focused charities

vice president at Loop Neighborhood

second whitewater access point, on

across the nation.

Market and AU Energy. "At Loop, we

the Raccoon River off Fleur Drive near

believe in making a positive impact in

Gray's Lake, is set to go to bid this fall.

The Giving Pump will be specially

the communities we serve. Peninsula

All work is expected to finish by the end

marked with colorful signage at

Bridge's commitment to empowering

of 2026.

participating stations and can be

under-resourced and first-generation

found across 47 states as part of Shell's

students aligns perfectly with our

Force For Good initiative to give back

values. By working together, we can

and drive positive change in local

help these students overcome barriers

communities.

and achieve their full potential, making

ICON nears $100 million benchmark

a lasting difference in their lives and our Casey’s joins dozens of businesses that

This year, The Giving Pump is supporting

have backed the ICON Water Trails. Its

552 local and national charities across

donation follows a recent allocation

the U.S., including St. Jude Children's

"We are proud to partner with Loop

of $1 million in federal funds and

Research Hospital, Boys & Girls Clubs,

Neighborhood Market and AU

brings ICON's grand total to just over

Prader-Willi Syndrome Association USA

Energy to support our commitment

$99 million, $31.5 million of it from the

and The Brooke Healey Foundation.

of eliminating the unique challenges

private sector.

Starting at 2,900 locations in 2021, the

that our first-generation students must

number of Shell stations participating

face, because we believe that talent

Oppel told the Des Moines Register at

in this two-month initiative has grown

is universal, but opportunity is not," said

the end of August that the organization

to more than 7,500 across the United

Randi Shafton, chief executive officer

expected to reach the $100 million

States. The Giving Pumps were used

of Peninsula Bridge. "This generous

mark "very soon." After that, the

7.3 million times during the two-month

donation will help us empower them

funding gap will be $25 million.

campaign last August and September.

to thrive and become leaders in their

community."

families, communities, and world."

Addison Lathers covers growth and

"The Giving Pump is an easy and

development for the Des Moines

impactful way for customers to give

metro. Reach her at 608-931-1761 or

back through the simple act of filling

Gas Spot opens first Missouri c-store

alathers@registermedia.com, and

up their vehicles, and we look forward

with Arkansas next

follow her on X at @addisonlathers.

to highlighting the many organizations whose mission is to aid children and families in their communities," said

The women-led retailer that rose

Barbara Stoyko, senior vice president,

from the ashes of Mountain Express is

Mobility Americas at Shell. "Each

growing its brand outside of Iowa as it

year, it has been uplifting to see the

looks to build its Midwest footprint.

commitment from customers and stations to support nonprofits that

Published Oct. 4, 2024

have a positive effect on the lives they Shell’s ‘The Giving Pump’ Returns This

serve."

Dive Brief:

Fall As one example, Peninsula Bridge, a

• InConvenience Inc., the parent

program dedicated to empowering

company of the Gas Spot and

More than 7,500 Shell stations across

under-resourced and first-generation

Goods Spot convenience store

the country are participating.

students to achieve college and

chains, opened its first location

career success, is teaming up with

outside of Iowa in mid-

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September, CEO Tiffany Fraley

InConvenience opened its first

opening of the Iowa Events Center

confirmed to C-Store Dive.

company-operated convenience

and Wells Fargo Arena, Polk County

stores earlier this year in Davenport

leaders announced a new brand

• The first Missouri Gas Spot is

and Cedar Rapids, Iowa. Those stores

Monday morning.

located in Pattonsburg, Missouri,

were formerly leased to Mountain

Casey's General Store and the Iowa

a small town about 75

Express Oil, which lost its assets amid

Events Center have entered a 10-

miles north of Kansas City. It’s

a tumultuous Chapter 7 bankruptcy

year naming rights partnership for the

one of five locations in Missouri

filing. InConvenience’s parent

15,000-seat sports and entertainment

that InConvenience plans to

company, InCommercial Property

venue. Starting July 1, 2025, the arena

open within the next year, Fraley

Group, owned the locations.

will be named Casey's Center.

said.

InConvenience is taking another • InConvenience also has five

play from that same playbook with its

locations in Arkansas in the

stores in Missouri and Arkansas. All of

works, which are also set to

those locations were formerly leased

open in the second half of 2025,

by InCommercial to SQRL Service

Fraley said.

Stations, which continues to spiral out of control amid multiple bankruptcy

Dive Insight:

filings and legal battles with its landlords.

As InConvenience grows, it’s taking

Casey's CEO Darren Rebelez said in a press conference Monday that

things slow to avoid making the same

A common thread between Mountain

Casey's iconic pizza will be coming to

mistakes as a company like Mountain

Express and SQRL was that they tried

the venue.

Express.

to grow too quickly — acquiring hundreds of c-stores in a short span —

"When we heard that Wells Fargo

The building housing the first Gas Spot

without establishing a foundation for

wasn't going to renew, we knew that

in Missouri received several renovations

their retail operations.

we had to have our name on this

before opening, including fresh paint

venue," Rebelez said. "It's such an

and signage, new restrooms and

Fraley said InConvenience, which

iconic venue, and people from all

display fixtures, and a walk–in beer

operates 13 c-stores, is taking its

over the region, not just in Iowa."

cave, said Alicia LaFollette, brand

expansion slowly to avoid similar

director for InConvenience.

pitfalls. The Missouri stores are

We'll find out how much the naming

expected to open in the next six

rights deal is worth when the Polk

Additionally, InConvenience gutted

to nine months, while the Arkansas

County Board of Supervisors votes on

the small kitchen that was previously

locations should debut in the second

the contract on Tuesday.

inside the store and created what

half of 2025, Fraley said.

it calls the “Gathering Spot,” which

KCCI reached out to Wells Fargo

will house soda fountains and frozen

“We want to make sure that the stores

to ask why they didn't renew their

beverages, as well as a cooler for

are safe, clean, up to code, ready

naming rights. They didn't have any

grab-and-go items, LaFollette said.

to operate, that we’ve got all of our

comment.

It also includes a freezer, which

proper licensing, [and that] we’ve

will eventually include frozen food

passed all inspections,” she said.

items that customers can heat in a

Midwest Petroleum Equipment Llc Announces The Promotion Of Devin

microwave.

Morris To President/Coo Wells Fargo Arena to be renamed

The store also now has tables and

Casey's Center in 2025

chairs for customers to relax during

LINCOLN, NE - Midwest Petroleum

their visit.

Equipment (MPE), a leading provider Des Moines, Iowa —

“Hopefully it’s just a warm, friendly and inviting place to be,” LaFollette said.

of fuel dispensing and management systems in Nebraska, Iowa, and South

On the 20th anniversary of the

Dakota, is proud to announce the

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30871 Nov Dec 2024 Magazine v5.indd 38

12/4/24 2:45 PM

internal promotion of Devin Morris to

day-to-day operations of running our

management and leadership roles

President and Chief Operating Officer.

company. As our team and business

in the general contracting industry.

Effective January 1, 2025, Devin will

continue to grow and take shape,

His project total value was over

have day-to-day oversight of company

Devin’s solutions-based approach with

$2.1B and included transportation,

operations. Recognized on the 2024

operations and customers combined

hospitality, government/military

Inc. 5000 List of America’s Fastest-

with his commitment to safety and

projects, healthcare, education, and

Growing Private Companies, MPE’s

quality are unmatched. We are poised

high end residential/commercial

mission is to be the premier petroleum

to take our business to the next level

projects. He graduated from Purdue

service company in the Midwest, and

with his leadership,” said Alex Kringen.

University in the field of Engineering

this appointment of Devin Morris as

Technology and holds many

President and COO is the next step in

Devin Morris started with MPE in August

our continued growth.

2023 as a Construction Operations

professional safety accreditations.

Manager. His strengths in industry

"I am looking forward to this new

Alex Kringen will transition into the role

knowledge, organization, safety, and

opportunity with such a great

of Chief Executive Officer to focus on

leadership helped him to quickly move

company," Devin said, "This role will

the company’s growth plans, customer

into the role of Vice President of Field

allow me to bring a new perspective

engagement and strategic initiatives.

Operations, and now as President/

to the daily operations at MPE and

“Devin is an absolute rockstar and

COO. Prior to MPE Devin spent 17

set us up for incredible growth in the

is the right leader to take over the

years working in various construction

near future."

F U E L I O WA // w w w. F U E L I o w a . c o m

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12/4/24 2:45 PM

2

2025 FUELIowa Sponsorship Program FULL-YEAR SPONSORSHIP PACKAGES Please mark desired box.

COMPANY RECOGNITION

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30871 Nov Dec 2024 Magazine v5.indd 40

12/4/24 2:45 PM

2025 FUELIowa Advertising Program FULL-YEAR ADVERTISING PACKAGES

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ORDER FORM SPONSORSHIPS Total: $_____________

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Retur n to: FUELIowa, 10430 New York Ave., Suite F, Urbandale, IA 50322 or email to Jim@FUELIowa.com or call 515-421-4596 F U E L I O WA // w w w. F U E L I o w a . c o m

30871 Nov Dec 2024 Magazine v5.indd 41

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12/4/24 2:45 PM

RISK MANAGE M E NT

By Risk Improvement Department, EMC Insurance Companies, Des Moines, Iowa

Preventing Winter Slips: 5 Ideas for Your Fall To-Do List

ple walk, such as sidewalks, parking

•

Changes in elevation can be

lots and building entrances. Look for

fixed with concrete leveling

things that might cause slips or trips:

techniques such as mudjacking, or by grinding down the

•

Changes in elevation—

edges of sidewalk sections.

Heaved sidewalk sections, tree

Elevated edges that can't be

roots and potholes can create

fixed now should be marked

elevated edges in the walking

with high-contrast paint and/

surface that are likely to cause

or cones.

a trip. Just a quarter of an inch is enough to catch a pedestri-

•

Depressions that fill with water can be filled permanently

an's foot.

with concrete, or temporarily

•

Winter is a busy time of year for those

have retail locations, slippery conditions from winter weather can put your customers at risk too.

Take action this fall to prevent slips when winter arrives.

Become a Hazard Detective Start by surveying your property, inside and out, focusing on areas where peo-

Downspouts that discharge

become ice once the tem-

onto walkways can be rerout-

perature drops. Puddles and

ed underneath the walking

potholes are common culprits,

surface.

onto walkways.

on the rise. Injuries from slips and falls

right when you need them most. If you

water you currently see could

downspouts or gutters empty

calls aren't the only thing that will be

your employees out of commission

with gravel or paver base.

but also look for areas where

in the fuel industry, but your service

peak during winter months, putting

Water collection points—Any

•

Have a solid mat strategy to protect indoor walkways from outdoor weather. Be prepared

•

Entrances without mats—

to swap out saturated mats

Precipitation migrates indoors

with dry ones as needed.

on shoes, creating slippery floors and extra housekeeping

Plan Your Piles

work. Entrances should have

If you get a reasonable amount of

mats on the inside and outside

snowfall, you'll need to find a place

of doors to catch moisture as

to pile it after plowing and shovel-

people walk in.

ing. Accumulated snow will melt and refreeze, forming a very slippery sheet

Start Fixing Problems Now

of ice, so choose a snow collection

Once you've identified your issues, you

area where water runoff won't end up

can start making fixes before winter

covering walkways.

weather arrives.

42

30871 Nov Dec 2024 Magazine v5.indd 42

12/4/24 2:45 PM

If you contract your snow removal, fall

employees can spot treat slip-

choose slip-resistant footwear

pery areas as needed.

with a multidirectional tread

Beware of black ice in late

pattern to minimize hydroplan-

problem areas, ensuring everyone is on

winter and early spring.

ing and a softer rubber sole to

the same page.

Monitor areas where snow

help grip hard surface floors.

is a great time to review your agreement and walk the site to pinpoint

•

and ice melt and check for Decide on Deicers

refreeze in the morning. Icy

Ice melt is ever-present during winter

areas should be treated and

in snow and ice should wear

but choosing the wrong kind or apply-

marked because black ice is

rubber-soled footwear with

ing too much can have unintended

exceptionally slippery and very

wide, deep treads or slip-re-

consequences like concrete damage

hard to see.

sistant soles. Consider remov-

•

able ice cleats for additional

or a slippery film on interior floors.

•

Employees working outdoors

Put Your Best Foot Forward

slip resistance (these should

Choose the right ice melt

Footwear makes a big difference for

be removed upon entering a

product and consider the best

employees working outside or in slip-

building).

way to apply.

pery areas.

Article courtesy of the Loss Control

•

Make sand, salt or poultry grit available near entrances so

•

For slippery indoor areas,

department, EMC Insurance, Des Moines,

encourage employees to

Iowa. For more information, visit emcinsurance.com and select Loss Control.

Save the Date

JANUARY 14, 2025

Embassy Suites, Des Moines, Iowa FREE for FUELIowa Members

LEGISLATIVE CONFERENCE 12PM - 2:30PM Embassy Suites 101 E Locust St, Des Moines, IA Plated Lunch Our Legislative Conference is our signature kick-off event focused on priority industry issues that will impact your business and association initiatives.

We encourage you to attend so you know what policies will be considered, how they will impact your business in 2005, and what you can do to prepare or help shape them.

F U E L I O WA // w w w. F U E L I o w a . c o m

30871 Nov Dec 2024 Magazine v5.indd 43

3:30PM - 5:30PM Embassy Suites, 101 E Locust St, Des Moines, IA Open Bar & Hors D’oevres Our Welcome Back Legislative Reception is a great way to touch base with legislators from across the state in a fun and relaxed setting. Making the trip to Des Moines to thank them for their support and to ask them for their continued help leaves a strong impression for our industry.

Be sure to join us to show our united voice to Statehouse representatives. We want them to know, "Together, We Fuel 43 Iowa!"

Iowa!"

12/4/24 2:45 PM

POWERFUL BRAND. HOMETOWN FEEL. RUNNING YOUR BUSINESS YOUR WAY. POWERED LOCALLY. ®

VI $8 $5 $5

LE $3 $2 $2 $2 $2 $2 $2 $2 $2

PA $2 $2 $1 $1 $1 $1 $1 $1 $1

FR $6 $6 $5 $5 $5 $5 $5 $5 $5

To learn more about the Cenex brand and how we support your local community, visit cenex.com/businessopportunities @cenexstores 44

@cenexstores

@cenexstores_

© 2023 CHS Inc. Cenex® is a registered trademark of CHS Inc.

30871 Nov Dec 2024 Magazine v5.indd 44

12/4/24 2:45 PM

GOAL : $100K YTD: $55.45k

55.45%

PAC CONTRIBUTIONS As of 11/14/2024

VISIONARY ($5,000+) $8,920 Don Burd - Otter Creek Country Stores* $5,470 Paul Fahey & Tessa Anderson- Rainbo Oil* $5,000 Larry Bentler, Jet Gas* LEADER ($2,500-$4,999) $3,375 Keith Olsen - Olsen Fuel Supply $2,750 Jason McDermott - McDermott Oil* $2,600 Todd Kanne - Community Oil* $2,540 Jim Ewing – FUELIowa $2,500 Thomas Flogel - Mulgrew Oil $2,500 Bev & Henry Jessen – Cylinder Express $2,500 Jennifer Likes – Harms Oil $2,500 Cliff & Dave Reif - Reif Oil* $2,500 Randy & Andrew Woodard - Elliott Oil* PARTNER ($1,000-$2,449) $2,030 Nate Lincoln – Lincoln Farm & Home $2,000 Steve Kimmes - Kimmes Enterprises LLC $1,600 John Maynes – FUELIowa $1,500 Josh & John Gilroy - Grysson Oil $1,500 Eric Taylor - Taylor Quik Pik $1,000 Richard Weiner – Cartersville Elevator $1,000 Michael Hildenbrand – CHS, Inc $1,000 Marc Beltrame - Beltrame Law Firm $1,000 Gary Koerner – FUELIowa FRIEND ($500-$999) $630 Jason Floy $600 Nate Stumpf $525 Sarah Bowman $500 Travis Buhman $500 Sam Hoefler $500 David Scheetz $500 Matt Scheetz $500 Jeff Wade $500 Doug Coziahr

F U E L I O WA // w w w. F U E L I o w a . c o m

30871 Nov Dec 2024 Magazine v5.indd 45

DONORS: GOAL: 50 YTD: 67 134%

CONTRIBUTOR ($0-$499) $490 Tia Eischeid $400 Chad Besch $400 Jason Stauffer $400 Dustin Jones $350 David Spooner $295 Dennis Jaeger $250 Steve Demmer $250 Scott Richardson $220 Mike Grzeslo $200 Mike Frederick $200 Adam Gardiner $200 Adam Gisch $200 Joseph Miller $200 Bruce Urman $190 Josh Vanevery $120 Dale Boeckman $120 Jacob Jessen $120 Scott Spencer $110 Ed Rogers $100 Jared Baker $100 Stratton Benscoter $100 Allen Boeckman $100 Kale Bulloch $100 Wade Fowler $100 Rick Graber $100 Reo Menning $100 Scott Moore $100 Daniel Sprague $50 Dean Onken $25 Martin Bast $20 Adam Bowles $20 Dan Justin $20 Joe Madsen $20 Robert Mast $20 Matt Mlynarczyk $20 Tera Petersen $20 Tony Whitaker $10 Dave Lakner *

Fuel Marketer Program

*

Fuel Marketer Program

45

12/4/24 2:45 PM

C A LE NDAR OF E V E N TS JAN UARY 1 4 , 2 0 2 5 F U E L I OWA L E G I S L AT I V E C O N F E R E N C E Embassy Suites, Des Moines, Iowa

A PRI L 7 – APRI L 9 , 2 0 2 5 UMCS St. Paul, Minnesota

J UN E 9 , 2 0 2 5 FUELIowa Golf Benefit for Camp Courageous Finkbine Golf Course, Iowa City, Iowa

46

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GY M AR KETERS INSIDE THE BELTWAY ENER OF AM ER I CA “Since its inception in 2020, HBIIP has

doing so on the front lines, and for that

been vital in expanding access to

we’re all incredibly grateful.

higher blends of biofuels like E15, E85, and B20 for customers. Through a cost-

A separate matter that took up

share approach, HBIIP has helped

oxygen this week was a strike at

fuel retailers invest over $77.8 million in

ports along the East Coast and Gulf

biofuel-related infrastructure projects,

of Mexico that began October 1.

leading to an estimated 1.2-billion-

The International Longshoremen's

gallon increase in annual biofuel

Association (ILA) union, which

Inside the Beltway Update 10/4/24

sales,” wrote the senators. “However,

represents about 45,000, was

access to these higher blends of

entangled in a pay dispute with

renewable fuel can only occur if the

the United States Maritime Alliance,

proper infrastructure is in place at our

which represents the interests of the

With less than 35 days to go before the

gas stations, truck stops, and heating

operators of the main ports involved

election and members of Congress hot

fuel facilities, a gap HBIIP has and will

with the dispute. Although the strike

on the campaign trail, this was a slow

continue to help bridge. As the final

could have led to issues like increased

week in official Washington. But before

quarter ends on September 30, 2024,

traffic congestion at ports, and likely

Congress left town last week, Reps.

we strongly encourage the USDA to

fuel price increases, overall, the

Adrian Smith, (R-NE), Angie Craig,

allocate CCC funds to sustain this

strike was unlikely to directly impact

(D-MN) and more than 30 of their

essential program.”

the petroleum industry because the industry does not typically rely on

colleagues introduced the Nationwide Consumer and Fuel Retailer Choice

Meanwhile, due to severe damage

dock workers for marine operations.

Act. The bill aims to enable year-round

caused by Hurricane Helene and

Generally, there was a concern a strike

sales of E15 nationwide. The bipartisan,

escalation of the conflict in the Middle

could reignite inflation and create

bicameral legislation would extend

East, President Biden briefly considered

significant supply chain bottlenecks

the Reid vapor pressure (RVP) volatility

asking Congress to return to pass a

for goods nationwide. Fortunately,

waiver to gasoline blends containing

broad bill on disaster relief. While the

the dockworkers’ union reached a

up to 15 percent ethanol. The

impetus was the storm, there are many

tentative agreement on wages and

regulatory change would allow E15 to

measures that could be included in

are extending an expired contract

be sold year-round across the country.

any bill considered, including funding

through Jan. 15, 2025. “Effective

Sen. Deb Fischer (R-NE) introduced

for the replacement of the I-695 bridge

immediately, all current job actions

companion legislation in July 2023.

that collapsed in Maryland earlier this

will cease, and all work covered by

year. Still, most believe the $20 billion in

the Master Contract will resume,” the

Meanwhile, Senator Joni Ernst (R-IA)

disaster relief funds currently available

union said yesterday evening.

and Amy Klobuchar (D-MN) sent

to the White House and FEMA negate

a letter to the USDA requesting

the need for immediate action from

While we’re not typically focused on

more funding for the Higher Blends

Congress, though they will still need

Middle Eastern affairs, but following an

Infrastructure Incentive Program (HBIIP).

to act at some point. In other words,

Iranian missile attack directed at Israel,

Specifically, the Senators urged the

we’re ok for now—no need to rush

Israel is expected to retaliate, and

USDA to extend HBIIP funding through

back. That said, the damage that has

President Biden acknowledged one of

the Commodity Credit Corporation

been done throughout the South and

the possible targets include Iranian oil

(CCC) to assist retail store owners to

in Appalachia is catastrophic, and

facilities. Obviously, a strike on Iranian

purchase the infrastructure necessary

while the Administration is working

oil could increase the price of oil

to provide e10 and b20 plus blends

with Governors in the affected states

which is unwelcome news for anyone

at the pump and b20 plus blends for

to determine how best to provide

who purchases gas in any quantity.

heating fuel distribution facilities.

assistance, EMA members have been

Regardless, we will report more as

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we learn more about the activities

efficient, and environmentally friendly

unfolding in Israel.

liquid fuels that are helping to reduce emissions while propelling Americans

Separately, in an interview with

forward and lowering heating fuel

Politico, Rep. Eric Burlison (R-MO)

costs.

used a few choice words to describe Transportation Secretary

Since 2004, the $1 per gallon

Pete Buttigieg, who is implementing

biodiesel blender's credit has worked

policies to “destroy the car industry.”

successfully to build a strong incentive

Congressman Burlison noted in the

for downstream energy marketers to

interview that he wanted to claw

blend renewable fuel into the fuel

back the $7.5 billion designated for

supply which has lowered prices

EV charging stations provided in the

for motorists and heating fuels for

Infrastructure Investment and Jobs Act

consumers. As a result, the U.S.

(IIJA) and rescind a broad scope of

biodiesel and renewable diesel market

emissions standards. We’ll continue to

has grown from roughly 100 million

flag as many of these Congressional

gallons in 2005 to 4 billion gallons

insights as possible as they can provide

today.

interesting color to the otherwise monotonous drone of Congress.

Unfortunately, the Inflation Reduction Act (IRA), which was signed into

Inside the Beltway 10/19/24

law in 2022, replaced the biodiesel blender’s tax credit with a new 45Z Clean Fuel Production Credit (CFPC) based on carbon intensity scores.

Ethanol, biodiesel, renewable diesel and sustainable aviation fuel (SAF) will all be eligible for the new production tax credit, however, the Department of the Treasury has yet to publish CFPC guidance. Therefore, it is important that Congress acts soon to extend the biodiesel blender’s tax credit to give

Urge Congress to Extend the Biodiesel Blender’s Tax Credit Recently, Representatives Mike Carey (R-OH), Claudia Tenney (R-NY), Annie Kuster (D-NH) and Mariannette MillerMeeks (R-IA) introduced the “Biodiesel Tax Credit Extension Act of 2024,” (H.R. 9060), which aims to extend the $1 per gallon biodiesel blender’s tax credit through 2025. Extending the biodiesel blender’s tax credit is important to energy marketers in order to sell a growing portfolio of affordable,

impacted industries market certainty for at least another year. Depending on the outcome of the November elections, a GOP controlled Congress could reevaluate much of the IRA’s tax credits so stay tuned.

Energy Marketers of America Challenges EPA’s Heavy Duty Vehicle Electrification Mandate The Energy Marketers of America (EMA) this week filed its opening brief in a D.C. Circuit Court of Appeals lawsuit challenging the U.S. Environmental Protection Agency’s (EPA) heavy-duty (HD) vehicle emissions standards for model years (MY) 2027-2032.

Recent polling suggests that Americans overwhelming oppose the Biden-Harris Adminstration’s electrification mandates. Despite public opposition, the administration continues advancing these policies through the rulemaking process without congressional authorization, undermining consumer choice and causing skyrocketing utility bills.

“Unfortunately, President Biden’s aggressive attempt to electrify the heavy-duty transportation sector will limit consumer choice on cleaner, greener ICEs, increase Americans’ utility bills to subsidize a massive expansion of the electric grid for EV charging, and threaten the viability and jobs of small business energy marketers around the country, whether they deliver gasoline, diesel or renewable fuels like ethanol, biodiesel and renewable diesel,” said EMA President Rob Underwood.

Today, heavy duty vehicles make up just one tenth of one percent of all heavy vehicles. Unfortunately, the

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30871 Nov Dec 2024 Magazine v5.indd 48

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Biden-Harris EPA wants to arbitrarily

target a major, global phenomenon

The announcement is good news

increase that figure exponentially

with vast economic and policy

for heating fuel dealers because

over the next seven years. Under

repercussions like climate change.

more stringent AFUE ratings would

the rule challenged by EMA, electric

Additionally, EMA joined as amicus

further constrict the already small and

trucks would make up 45 percent of

curiae challenge to the National

shrinking market for NWOF and WOF

all heavy-duty vehicles sold by 2032.

Highway Traffic Safety Administration’s

furnaces. The DOE is required under

According to EMA’s brief, the rule’s

fuel-economy standards. Check

the Energy Policy and Conservation

electrification of the Nation’s trucking

out www.fuelmatters.org for more

Act (EPCA 42 U.S.C. 6295(m)(1))

fleet involves a major policy question

information about clean, green liquid

to review established AFUE ratings

that must be decided by Congress.

fuels and the electrification mandate.

every six years to determine whether

Accordingly, the rule is lawful only if

more-stringent standards would be

Congress clearly authorized EPA to

technologically feasible, economically

suppress the production of internal-

justified, and result in significant

combustion vehicles in favor of

energy savings. The DOE Notice of

electric ones. No statute gives EPA

Final Determination found that given

that highly consequential power, and

the small market share of NWOF

EPA has never claimed the power

and WOF furnaces, more stringent

to require companies to sell electric

minimum AFUE standards, while

heavy-duty vehicles. This forced

technologically feasible, would not

transition to electric trucks will increase

result in any significant energy savings

transportation costs, hike prices for

as required by law. The Notice of

basic goods, and strain the electric grid. It will also increase the cost of procuring the trucks that State Plaintiffs challenging the rule need to carry out essential state services like plowing snow and repairing roads. EMA is urging the Court to reverse EPA’s rule.

Additional Legal Challenges Playing

Department of Energy Announces No Changes to Minimum AFUE Ratings for Oil Fired Furnaces

Final Determination also maintains the current minimum AFUE standards for weatherized gas furnaces and electric furnaces.

Out The U.S. Department of Energy EMA is part of business groups and

announced it will not amend existing

States who have already asked the

minimum Annual Fuel Utilization

courts to review EPA’s prior tailpipe

Efficiency (AFUE) energy conservation

emissions standards for model year

standards for consumer weatherized

2025 and 2026 vehicles and the

oil-fired furnaces (WOF), non-

change also implicates the “major

DOE’s Winter Fuel weatherized oil fired furnaces (NWOF) Outlook Predicts and mobile home oil fired furnaces Five Percent Drop (MHOF). AFUE is a percentage that measures how much of a furnace's fuel in Heating Cost for is used to heat a home. The current minimum AFUE rating for WOF furnaces Oil Heat This Winter

questions doctrine,” which holds that

is 78 percent while the minimum AFUE

courts should not defer to agencies

rating for NWOF furnaces is 83 percent.

The DOE predicts that most U.S.

on questions of “vast economic or

The DOE’s Office of Energy Efficiency

households will spend about the same

political significance” unless Congress

and Renewable Energy made the

or less on energy than they did last

has provided explicit authority to the

announcement in Notice of Final

winter, depending on a household’s

agencies. The appeals court will be

Determination, released earlier this

main space heating fuel and the

asked to decide whether Congress

week.

region where they live. Generally, retail

Agency’s reinstatement of California’s Clean Air Act waiver to issue climatebased vehicle emissions standards.

Whether California can blaze its own trail on combatting climate

authorized California in the Clean Air

energy prices in the DOE’s Winter Fuel

Act to regulate vehicle emissions to

Outlook are lower than they were last

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winter, but temperatures across much

Nicotine Delivery Systems (ENDS)

EMA does not agree that the

of the country are set to be colder this

being imported or offered for import

information related to effects of

year, meaning homes will use more

into the U.S. Unfortunately, the limited

altitude and weather on vehicle

energy for space heating. Heating

enforcement actions have allowed

antiknock requirements is no longer

energy costs for homeowners will be

illicit market actors to expand beyond

relevant information in the standard

less than last year for heating oil. The

ENDS to other tobacco and nicotine

and has voted negative on the recent

DOE is predicting it will cost 5 percent

categories. EMA urged the FDA

ballot for this revision. The information

less to heat with heating oil compared

to finalize a Foreign Manufacturer

presented in this appendix continues

to last year. Heating with propane will

Registration rule; increase the scope

to be relevant to vehicles without

be the same as last year while heating

of import alerts for detention without

sophisticated control technology

with natural gas will increase by 1%

physical examination; increase the

(mostly pre-1984 vehicles) as well as

over last year.

number of field examinations at ports

other engines that still do not have

of entry with high ENDS import volume;

modern fuel systems. Altitude has

Meanwhile, heating with electricity will

and increase the number of random

a direct effect on air temperature

cost consumers 2 percent more than

joint inspections with Customs and

and pressure, both of which affect

last year. EIA projects total heating

Border Protection (CBP).

gasoline engine performance, and

costs for the Northeast in the base

regardless of whether there are knock

case scenario as follows: natural gas

sensors the discussion regarding the

$772; electricity $1391; propane $1674;

effects of altitude on vehicle antiknock

heating oil $1410. According to the

requirements in the appendix is still

EIA, these costs could go up or down

relevant for 1984 and later vehicles.

depending on colder or warmer winter weather than used in its predicted

Further, this proposed modification

weather baseline.

could impact the supply of 85 AKI fuel that consumers have continued to choose after considering the tradeoffs

EMA Votes to Maintain 85 Octane in U.S. Mountain Region

of engine performance, owner’s manual recommendations, driving habits and cost. While the ballot doesn't exactly remove the altitude allowance in high altitude areas, it does remove some of the foundational language that supports the allowance.

EMA Submits Comments Supporting FDA’s Efforts to Crack Down on Illegal Vaping Products

The ASTM D02 committee is

Retention of this information does not

considering a proposal to remove

negatively impact this standard and

existing text in Appendix X1 of

supports the ability to continue to

D4814-24 Standard Specification for

provide 85 AKI fuel.

Automotive Spark-Ignition Engine Fuel related to the effects of altitude

EMA Update 11/1/24

and weather on vehicle antiknock requirements. The task force proposing this revision has determined that the information presented in this appendix is no longer relevant due

This week, the Energy Marketers of

to the prevalence of antiknock

America filed comments supporting

reduction control technology in most

FDA’s proposed rule requiring

vehicles produced after 1984. No

Submission Tracking Numbers (STNs)

data, however, has been presented

be submitted in the Automated

to dispute the altitude adjustment for

Commercial Environment (ACE)

octane requirement discussed in the

at the time of entry for Electronic

appendix.

Update on Overtime Rule Yesterday, Judge Jordan of the Eastern District of Texas set a hearing

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on summary judgment in the business

a salvage operation on Capitol

rely on the consistency of tax

community challenge to DOL’s

Hill as the Tax Cuts and Jobs Act

rates more than corporate

overtime final rule for Friday, Nov 8, at

provisions are being examined, culled,

businesses due to the increased

11am (eastern). The judge could rule

embellished, and reconstituted before

complexity in succession

on the case from the bench or quickly

it expires at the end of next year. But

planning. In addition, family

after the hearing.

no matter, good, bad, or ugly, there

businesses are uniquely suited

will be a new tax bill in 2025 and

to reinvest more in their

As a reminder, the initial change to

priorities for energy marketer family

business, their employees,

the federal overtime rule went into

businesses are taking shape. The House

and their communities,

effect on July 1st. Salaried workers

Ways and Means Committee is busy

according to the results of our

making less than $43,888 per year

managing its ten Tax Teams to improve

2024 Annual Business Survey.

may now qualify for overtime pay. The

or save what it can from the 2017 Tax

In our survey, 52% of

threshold is set to increase again to

Cuts and Jobs Act (TCJA). A few items

respondents indicated that

$58,656 on January 1, 2025. Previously,

on the salvage list include avoiding

if they paid less in taxes, they

only salaried workers making less than

increased income taxes, stopping

would invest more in the

$35,568 annually qualified for overtime

a decrease in estate tax lifetime

business, and 30% indicated

pay when they worked more than 40

exemptions, no increases in capital

they would raise their

hours in a week.

gains taxes, and restoring research

employees’ salaries.

and development expensing, to name

2. Reduce the estate tax rate.

The Fair Labor Standards Act (“FLSA”)

a few. The House Ways and Means

regulates when employees must be

Committee Chairman Rep. Jason

Estate taxes severely hamper

paid minimum wage and overtime.

Smith (R-MO) and Tax Subcommittee

the ability for family business

Under the FLSA, overtime pay, which is

Chairman Rep. Mike Kelly (R- PA)

owners to pass the business

due to all employees who do not fall

formed ten Tax Teams earlier this year

and related assets (which

within a specified exemption, is one

to study key provisions in the Trump-

are typically illiquid) to the

and one-half times an employee’s

era TCJA. The Tax Teams are set up

next generation, making it

regular pay rate for every hour

as follows: American Manufacturing,

more difficult for the business

that is worked beyond 40 hours in

Working Families, American Workforce,

to continue growing, providing

a work week. While hourly workers

Main Street, New Economy, Rural

important jobs, and

are generally entitled to overtime

America, Community Development,

contributing to local

pay, salaried workers are not if they

Supply Chains, U.S. Innovation, and

communities. Of family

earn above a certain pay level and

Global Competitiveness. The stated

businesses surveyed, 70% have

supervise other workers. That pay

goal of these teams is to: “help

generational employees and

level is what the Department of Labor

families, workers, and small businesses,”

81% have been in operation for

increased.

according to Smith.

20 years or more. Eliminating

the estate tax consistently ranks

What Are Key Tax Priorities?

among the top three priorities.

But what are the key family business-

199A deduction for passthrough

oriented tax policies critical for our

businesses. The Tax Cuts and

legislators to review? Our tax team

Jobs Act included a new

experts on Capitol Hill have uncovered

deduction to help ensure

seven “Tax Policy Legislative Priorities”

business owners pay tax rates

for the 119th Congress that will affect

more comparable to the

America’s energy marketers. Here they

corporate tax rate reduced

are:

by the TCJA. If allowed to

expire, the section 199A

3. Make permanent the Section

Priorities Being Set as Tax Teams Focus on 2025 Tax Bill It’s looking more and more like F U E L I O WA // w w w. F U E L I o w a . c o m

30871 Nov Dec 2024 Magazine v5.indd 51

deduction will be uniquely and

1. Preserve the current tax rates and brackets enacted

severely disadvantage

under the Tax Cuts and Jobs

passthrough businesses.

Act. Family-owned businesses

Of family businesses surveyed

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12/4/24 2:45 PM

in our annual study, 78%

priorities – a concern that was

regulation and salary threshold increase

operate as passthrough

nonexistent in prior years.

(the “new rule”). There have been

businesses, whether a

partnership, LLC, S corporation,

or other non-corporate

several legal challenges made in EMA Update 11/8/24

several different courts against the new rule. If one of these challenges

structure.

is successful, DOL’s new rule could be overturned. As of today, no such

4. Restore 100% bonus

challenge has been successful, and the

depreciation. Next to their

commitment to their

employees, family-owned

What is the Department of Labor’s new

businesses rely on capital

rule?

investments to compete,

grow, and thrive. Bonus

depreciation is a critical tool

for family businesses to support

their capital investments and

finance facilities and

equipment critical to their

ability to grow, expand

employment, and contribute

to the communities in which

they operate.

5. Preserve the capital-gains tax

rate. Like the estate tax, the

capital-gain taxes present

an obstacle for capital

formation and investments

necessary for family businesses

to expand, modernize, and

succeed in an increasingly

competitive market, with 13%

of family businesses ranking it in

their top three tax policies of

concern – a 4% increase over

the 2023 Survey.

new rule remains in effect.

EMA Statement on the 2024 Election Energy Marketers of America (EMA) President Rob Underwood issued the following statement on the results of the 2024 presidential election.

“Energy marketers across the country congratulate President-elect Donald Trump on his election victory. Liquid fuels are and will continue to be a crucial driver of economic growth in this county and a catalyst for affordable transportation. We look forward to working with his Administration and Congress to support balanced policies that address reasonable fuel efficiency standards and put an end to electric vehicle mandates.”

On January 1, 2025, the new rule increases the minimum salary threshold that would qualify for exemption from overtime pay, which would result in a greater number of employees being eligible for overtime pay. The minimum salary threshold would increase to $58,656 annually (or $1,128 per week).

Any eligible employee under this threshold would be eligible to collect overtime pay for any work completed over 40 hours.

Where do things stand now?

Currently, the challenges that have been decided in court have supported the DOL and kept the new rule in place. In one win for the DOL, a court specified that it is within the DOL’s authority to impose a minimum salary threshold for employees to qualify for overtime exemptions under the Fair Labor Standards Act (FLSA). However,

6. Prevent the creation of a

that court recognized that if the DOL

wealth tax. Wealth taxes –

sets a threshold so high it overrides

taxes on existing assets and

the need for employers to consider

unrealized gains – will be

an employee’s job duties when

particularly harmful to

determining their overtime exemption

family business owners who

status, then the rule may not be

often disproportionately invest

enforceable.

in the business in the hopes of

passing it on to the future

generations. In the most recent

Family Business Survey,

respondents identified

preventing a “Wealth Tax” as

one of their top five economic

Challenges against There are currently other cases the DOL’s Final Rule challenging the DOL’s new rule as well.

This morning, the District Court for the

The Department of Labor (DOL) released a Final Rule earlier this year that implements a new overtime

Eastern District of Texas is holding a hearing on the rule in a case brought by the state of Texas and several employer

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organizations. A decision in the case

guidance states that FDA intends to

America, Community Development,

could come as early as today, but it

exercise enforcement discretion and

Supply Chains, U.S. Innovation, and

could take several more weeks.

generally not enforce requirements

Global Competitiveness. The stated

of the graphic warnings rule for

goal of these teams is to: “help

Meanwhile, EMA sent a letter to

15 months after the date of the

families, workers, and small businesses,”

Administrator Looman requesting the

guidance—i.e., until December 12,

according to Smith.

Wage and Hour Division delay the

2025—and for an additional 30 days

second increase to the minimum salary

(until January 12, 2026) for products

threshold until at least May 1, 2025,

manufactured before December

due to the pending legal challenges

12, 2025. EMA urged the FDA to

against the rule.

issue regulatory guidance that the

and brackets enacted under

FDA make clear that retailers and

the Tax Cuts and Jobs Act.

distributors may sell cigarettes without

Family-owned businesses rely

Recommendation going forward:

What Are Key Tax Priorities?

1. Preserve the current tax rates

graphic warnings so long as the

on the consistency of tax rates

While the DOL’s new rule continues to

cigarettes were validly manufactured

more than corporate businesses

be challenged in the courts, the new

by December 12, 2025, and

due to the increased

rule, as it stands today, is still in effect.

introduced into commerce by January

complexity in succession

We encourage businesses to review

12, 2026.

planning. In addition, family

businesses are uniquely suited

their compensation structure and be ready for implementation on January

Click here to read EMA’s comments.

to reinvest more in their

1st. We will continue to monitor the

David, please click this link and include

business, their employees,

courts and will provide updates on any

the letter in the magazine.

and their communities,

according to the results of our

2024 Annual Business Survey.

In our survey, 52% of

respondents indicated that if

they paid less in taxes, they

would invest more in the

business, and 30%

indicated they would raise their

employees’ salaries.

changes.

EMA Urges FDA for Regulatory Flexibility for Required Warnings for Cigarette Packages and Advertisements This week, the Energy Marketers of America (EMA) filed comments on FDA’s guidance document issued on September 13, 2024, regarding enforcement of the rule requiring graphic warnings for cigarette packages and advertisements. The F U E L I O WA // w w w. F U E L I o w a . c o m

30871 Nov Dec 2024 Magazine v5.indd 53

Priorities Being Set as Tax Teams Focus on 2025 Tax Bill Given President-elect Trump’s victory and Congress likely to be in GOP control next year, it is expected that the Tax Cuts and Jobs Act will be preserved. The House Ways and Means Committee Chairman Rep. Jason Smith (R-MO) and Tax Subcommittee Chairman Rep. Mike Kelly (R- PA) formed ten Tax Teams earlier this year to study key provisions in the Trumpera TCJA. The Tax Teams are set up as follows: American Manufacturing, Working Families, American Workforce, Main Street, New Economy, Rural

2. Reduce the estate tax rate.

Estate taxes severely hamper

the ability for family business

owners to pass the business

and related assets (which are

typically illiquid) to the next

generation, making it more

difficult for the business to

continue growing, providing

important jobs, and

contributing to local

communities. Of family

businesses surveyed, 70%

have generational employees

and 81% have been in

operation for 20 years or more.

Eliminating the estate tax

consistently ranks

among the top three priorities.

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12/4/24 2:45 PM

3. Make permanent the Section

Inside the Beltway 11/22/24

state that has or “will” adopt them

199A deduction for passthrough

– again, even if they are ultimately

businesses. The Tax Cuts and

found to be unlawful. Based on the

Jobs Act included a new

CTP, the OEMs will reduce their output

deduction to help ensure

of internal combustion engine (ICE)

business owners pay tax rates

vehicles, thereby eliminating consumer

more comparable to the

choice, and in turn drive-up prices for

corporate tax rate reduced

those same vehicles in Nebraska and

by the TCJA. If allowed to

elsewhere to subsidize the so-called

expire, the section 199A

“transition” to zero-emission vehicles

deduction will be uniquely and

(ZEVs). Further, the OEMs’ broad

severely disadvantage

promise to follow CARB’s regulations

passthrough businesses.

in other states that purportedly “will”

Of family businesses surveyed

adopt them, and to not oppose any

in our annual study, 78%

operate as passthrough

businesses, whether a

partnership, LLC, S corporation,

or other non-corporate

structure.

4. Restore 100% bonus

Energy Marketers of America File Antitrust Action to Block Automakers’ Agreement with California to Electrify HeavyDuty Truck Fleets

such out-of-state proposals, reflects the OEMs’ intention to reduce output and raise prices in states that have not and may never adopt such regulations, including Nebraska.

Unfortunately, consumers will have

depreciation. Next to their

commitment to their

employees, family-owned

businesses rely on capital

investments to compete,

grow, and thrive. Bonus

depreciation is a critical tool

On Tuesday, the State of Nebraska,

– vehicles that come with a sticker

for family businesses to support

the Energy Marketers of America, and

price two or three times higher than

their capital investments and

Renewable Fuels Nebraska (RFN) filed

comparable ICE vehicles.

finance facilities and

an antitrust action in the District Court

equipment critical to their

of Nebraska, Lincoln County, alleging

Ultimately, the CTP ensures that each

ability to grow, expand

that the 2023 “Clean Truck Partnership”

OEM electrifies its MHDV fleet at the

employment, and contribute

agreement (CTP) between all major

same pace and on the same timeline

to the communities in which

domestic manufacturers (OEMs) of

to guarantee that no member sustains

they operate.

medium and heavy-duty vehicles

any competitive disadvantage. This

(MHDVs) and the California Air

is done largely at the expense of

Resources Board (CARB) is anti-

states, such as Nebraska, which have

competitive.

no intention of following California’s

5. Preserve the capital-gains tax

fewer options and be forced to pay higher prices for their preferred ICE vehicles – while these vehicles are still available. When the supply of ICE vehicles runs dry, consumers will be left to purchase ZEVs they do not want

rate. Like the estate tax, the

capital-gain taxes present

an obstacle for capital

The CTP commits the OEMs to meet

consumers who have no desire to

formation and investments

CARB's zero-emission mandates

purchase ZEVs but will have to pay

necessary for family businesses

for MHDVs, including the timelines

higher prices for the ICE vehicles they

to expand, modernize, and

(100 percent by 2036) in California's

want. The bottom line is that the CTP is

succeed in an increasingly

Advanced Clean Trucks and

anti-competitive.

competitive market, with 13%

Advanced Clean Fleets programs,

of family businesses ranking it in

irrespective of any litigation

“Unfortunately, the OEMs’ and CARB’s

their top three tax policies of

challenging the State's regulations

aggressive attempt to electrify the

concern – a 4% increase over

or CARB's authority to implement

heavy-duty transportation sector

the 2023 Survey.

them. It also commits the OEMs to

will limit consumer choice, increase

follow CARB’s regulations in every

Americans’ utility bills to subsidize a

regulations, and at the expense of

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Committee, sponsored MPC’s

massive expansion of the electric grid for EV charging, and threaten

"By combining each of the different

supported Credit Card Competition

the viability and jobs of small business

steps along the credentialing

Act, bipartisan legislation that would

energy marketers around the country,”

process into one cohesive process,

enhance competition and choice in

said EMA President Rob Underwood.

this legislation will help eliminate

the credit card network market, which

this logjam and get these drivers

is currently dominated by the Visa-

Today, electrified heavy-duty vehicles

out on the road more quickly while,

Mastercard duopoly. Building off debit

make up just one tenth of one percent

at the same time, maintaining the

card competition reforms enacted

of all heavy vehicles. Unfortunately,

same levels of scrutiny," said EMA

by Congress in 2010, the Credit Card

the OEMs and CARB want to arbitrarily

President Rob Underwood. In fact, the

Competition Act would direct the

increase that figure exponentially over

Government Accountability Office

Federal Reserve to ensure that the

the next several years. This forced

(GAO) had recommended these steps

largest credit card-issuing banks offer

transition to electric trucks will increase

be taken in 2007 especially since all it

a choice of at least two networks, one

the cost of procuring the trucks that

does is smooth out an unnecessarily

of which must be a network other than

the Energy Marketers of America's

cumbersome credentialing process.

Visa and Mastercard, over which an electronic credit transaction may be

members need to continue serving American motorists.

EMA urges jobbers and retailers to

processed.

reach out to their Representatives In the antitrust complaint filed Tuesday,

and urge them to support the

Visa and Mastercard wield enormous

the Energy Marketers of America urges

Transportation Security Screening

market power in credit cards;

the court to declare the CTP null and

Modernization Act.

according to the Federal Reserve, they account for nearly 576 million cards.

void.

Visa’s and Mastercard’s market power and network structure have enabled them to impose fees on U.S. merchants that are among the world’s highest, charging more than $100 billion in U.S. merchant credit card fees in 2023 alone. These fees include interchange fees which Visa and Mastercard require merchants to pay to issuing banks, as well as network fees that Visa and Mastercard require merchants to

Senate Approves Transportation Security Screening Modernization Act Yesterday, the Senate approved the Transportation Security Screening Modernization Act by unanimous consent, S. 3959, that would eliminate costly background check redundancies within the Transportation Worker Identification Credential (TWIC), Hazardous Materials Endorsement (HME), and TSA PreCheck programs.

Now it is up to the House to approve the bill before the end of this year.

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Senate Committee Examines Swipe Fees This week, the Senate Judiciary Committee held a long-awaited hearing “Breaking the Visa-Mastercard Duopoly: Bringing Competition and Lower Fees to the Credit Card System,” and heard from witnesses on swipe fees. EMA is a member of the Merchant’s Payment Coalition (MPC) and NACS’s Doug Kantor testified on behalf of MPC during the hearing.

Senate Majority Whip Dick Durbin (D-IL), Chair of the Senate Judiciary

pay directly to them.

In his testimony, NACS’s Doug Kantor pointed out that the huge costs of the system, which disproportionately impact lower-income Americans, are “an ongoing problem, and consumers don't know it. Everything about this is hidden from them. They're not aware of the role Visa and MasterCard play. They're not aware of the other processors in the system. They're not given information about the pricing or the fact that there’s any fees at all.”

Retailers, restaurants, and other small businesses have no ability to negotiate these fees, which can run anywhere from one to three percent of the total

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bill. The only ‘choice’ they have is to

Majority Leader Steve Scalise (R-LA)

accept Visa- and Mastercard-branded

briefed Republicans on a framework

credit cards and pay the fee or refuse

for a reconciliation package. This

to accept the cards entirely—which, in

package could include major tax

this day and age, is no choice at all for

reform and energy bills, like updates

most retailers.

to the 2005 Energy Policy Act, aimed at reducing costs and inflation. Some

During the hearing, Durbin questioned

senior House Republicans have

Bill Sheedy, Senior Advisor to the

suggested setting an October 1, 2025

CEO of Visa, Inc., about the lack of

deadline to pass the package before

competition in the credit card market

the 2026 primaries.

and its impact on interchange fees.

Durbin first highlighted the skyrocketing cost of interchange fees in the U.S. verse the European Union (EU). In the EU, credit card interchange fees are capped at 0.3 percent of the payment value for most transactions, and in Australia they are capped at 0.8 percent. Despite these lower interchange fees, Visa and Mastercard both continue to operate secure and efficient credit card networks in both Australia and the EU, and banks there continue to issue credit cards that offer rewards. “The bottom line is that they [Visa and Mastercard] are profitable in Europe even when restricted to 0.3 percent interchange fees. It is also very clear that when it comes to these interchange fees and the frequent flyer programs, they are still offering them in Europe,” Durbin stated.

Regarding Visa’s then-Vice Chairman and Chief Financial Officer, Mr. Vasant Prabhu, statement that “[T]o the extent that there’s inflation, driving up ticket size, clearly, it’s beneficial to us…So net-net, I mean we are a beneficiary of inflation.” Durbin asked how that would be possible and added “So as American families are struggling to survive because of inflation, you are doing well as long as the ticket size goes up and your percentage applies, correct?”

Inside the Beltway Update This week, Congress worked on funding for fiscal year (FY) 2025 with the government funding deadline of December 20 approaching. However, Congress is expected to push the deadline to March or April 2025. This would be after Republicans take control of the House and Senate.

To do this, Congress will likely pass another short-term funding measure (continuing resolution or CR) after Thanksgiving. With new Republican majorities, there is a possibility that some FY 2025 funding bills will be rewritten to match their priorities.

Meanwhile, the White House submitted a $100 billion emergency funding request to Congress for disaster relief.

This would cover FEMA’s Disaster Relief Fund (DRF) to address recent natural disasters, as well as additional funds for other federal agencies. Congress will likely consider this request as part of a funding package after the holiday break.

In leadership news, both the House and Senate held elections and discussed policy for the upcoming 119th Congress. On Wednesday, House

Urge Congress to Extend the Biodiesel Blender’s Tax Credit Recently, Representatives Mike Carey (R-OH), Claudia Tenney (R-NY), Annie Kuster (D-NH) and Mariannette MillerMeeks (R-IA) introduced the “Biodiesel Tax Credit Extension Act of 2024,” (H.R. 9060), which aims to extend the $1 per gallon biodiesel blender’s tax credit through 2025. Extending the biodiesel blender’s tax credit is important to energy marketers in order to sell a growing portfolio of affordable, efficient, and environmentally friendly liquid fuels that are helping to reduce emissions while propelling Americans forward and lowering heating fuel costs.

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Since 2004, the $1 per gallon

the rule after saying in June that it

biodiesel blender's credit has worked

was probably invalid and temporarily

successfully to build a strong incentive

blocking it from being applied to Texas

for downstream energy marketers to

state employees.

blend renewable fuel into the fuel supply which has lowered prices

The rule would have required

for motorists and heating fuels for

employers to pay overtime premiums

consumers. As a result, the U.S.

to salaried workers who earn less than

biodiesel and renewable diesel market

$58,600 per year, when they work more

has grown from roughly 100 million

than 40 hours in a week, beginning

gallons in 2005 to 4 billion gallons

Jan. 1, 2025, and it had temporarily

today.

raised the threshold to about $44,000 per year on July 1.

Unfortunately, the Inflation Reduction Act (IRA), which was signed into law in 2022, replaced the biodiesel blender’s tax credit with a new 45Z Clean Fuel Production Credit (CFPC)

Federal Judge Invalidates Overtime Rule

Because of today’s decision, the minimum salary threshold which increased in July is once again set to $35,568, and the threshold for highly compensated employees is set to

based on carbon intensity scores.

Ethanol, biodiesel, renewable diesel

The U.S. District Court for the Eastern

and sustainable aviation fuel (SAF) will

District of Texas issued its ruling

all be eligible for the new production

which permanently blocks the Biden

Although DOL may appeal the

tax credit, however, the Department

Administration rule - invalidating the

decision to the 5th Circuit, under the

of the Treasury has yet to publish CFPC

entirety of the Department of Labor

new Administration, DOL will almost

guidance. Therefore, it is important

(DOL)’s overtime final rule. In his ruling,

certainly abandon its defense of the

that Congress acts soon to extend the

Judge Jordan stated that while DOL

rule. Over the next four years, it may

biodiesel blender’s tax credit to give

has the authority to define and delimit

choose to issue its own rulemaking to

impacted industries market certainty

the terms of the overtime exemption,

update the threshold.

for at least another year. Depending

“that authority ‘is not unbounded,’”

on the outcome of the November

that the ruling improperly bases

elections, a GOP controlled Congress

eligibility for overtime pay on workers'

could reevaluate much of the IRA’s tax

wages rather than their job duties.

$107,432.

credits so stay tuned.

U.S. District Judge Sean Jordan explained, "the minimum salary level imposed by the 2024 Rule 'effectively eliminates' consideration of whether an employee performs 'bona fide executive, administrative, or professional capacity’ duties in favor of what amounts to a salary-only test.”

He also said that the Department’s automatic updates to the minimum salary threshold every three years "violates the notice-and-comment rulemaking requirements of the [Administrative Procedure Act].”

Jordan, who was appointed by Republican President-elect Donald Trump in his first term, struck down

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2024 FUELIOWA SPONSORS DIAMOND

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BIODIESEL

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Chevron Renewable Energy Group, Renewable Energy Group, REG, the logo and the other trademarks and trade names referenced herein are trademarks of Chevron U.S.A. Inc.© 2023 Chevron U.S.A. All Rights Reserved.

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Blending renewable fuels?

Interested in RINs? RINAlliance helps blenders stay compliant with U.S. EPA’s Renewable Fuel Standard (RFS) while maximizing profits.

www.RINAlliance.com 60

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