FUELIowa Magazine: Nov / Dec 2022

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1 VOLUME 75, NO.6 2022 NOV / DEC THE VOICE AND RESOURCE FOR IOWA’S FUEL INDUSTRY Fuel Co-ops & FUELIowa pg. 4 2022 Legislative Recap p. 8
2 PRESIDENT’S PERSPECTIVE FUEL COOPERATIVES & FUELIOWA 2022 LEGISLATIVE RECAP 3 4 8 EVENT CALENDAR PAC CONTRIBUTIONS MEMBER HAPPENINGS INSIDE THE BELTWAY RISK MANAGEMENT 14 16 20 22 24 FEATURES IN THIS ISSUE ON THE COVER A GROWMARK, Inc. commercial construction site. When Co-ops thrive, their community thrives with them. 10430 New York Ave Suite F Urbandale, IA 50322 p (515) 224-7545 f (515) 224-0502 info@FUELIowa.com www.FUELIowa.com

PRESIDENT’S PERSPECTIVE

THE LOOK BACK: THE MOVE FORWARD

The Look Back over the 2022 legislative session, FUELIowa was faced with many challenges.

During the 2022, Iowa Legislative Session a second attempt to impose a biodiesel mandate was defeated. Every effort was aggressively employed to thwart the Access to Biofuels Bill, which resulted in a substantially less onerous ethanol mandate. There was an additional increase in the Renewable Fuel Infrastructure Program funding from $5 million to $10 million. Additional victories included the defeat of the proposed increase taxes on smokeless tobacco and vape products, and the defeat of the pharmacy manager benefit legislation which would have negatively impacted our HEALTHAlliance Trust.

The Move Forward, FUELIowa recognizes the importance of providing access to higher blended fuels as passed by the Iowa Legislature. We remain committed to our historic support of our farm customers, and Iowa consumers. Our 2023, Iowa legislative priorities will be focused on obtaining the necessary multi- year infrastructure funding especially for small town, rural retailers.

We recognize the realities of converting the retail convenience store of the future to a full-service end destination as the industry faces challenge of consolidation, the growth of electrical vehicles and its infrastructure, shifting population demographics and the importance of protecting and preserving Iowa’s natural resources. We are committed to meeting these challenges of change, because together, WE FUELIOWA.

RNL

BOARD OF DIRECTORS

Chris Biellier Associate Director

Seneca Companies Davenport | 563-332-8000

Chad Besch Associate Director New Cooperative Algona | 563-200-5115

Don Burd Director

Otter Creek Country Store Cedar Rapids | 319-533-1825

Ronald N. Langston President & CEO FUELIowa 515-224-1599

EXECUTIVE COMMITTEE

Bev Jessen Chair Johnson Oil/ Cylinder Express Battle Creek 712-365-4740

Joseph Zietlow Vice Chair Kwik Trip, Inc La Crosse, WI 608-793-6484

Tessa Fahey Treasurer Rainbo Oil Dubuque 563- 526-1179

Doug Coziahr Immediate Past Chair Nebraska-Iowa Supply Company Omaha 402-393-8350

Tia Eischeid Director

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

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

Steve Kimmes Director

Kimmes Enterprises LLC Carroll | 515-681-7890

Nicole Johnson Director

Molo Companies Dubuque | 563-557-5714

Keith Olsen | Director Olsen Fuel Supply Atlantic | 712-243-2340

Jim Pauk Director W&H Coop Oil Co Humboldt | 515-332-2782

Matt Scheetz Director The Depot Express Tiffin | 319-545-9514

FUELIOWA // www.FUELIowa.com 3

,

Fuel Co-operatives & FUELIowa Together

We Fuel Iowa

CHS/Cenex and GROWMARK are two major Co-op brands in Iowa, distributing fuel, propane, and lubricants to farmers and commercial businesses across the state and region. Historically, Co-ops have served Iowans for generations. We recognize there are many local independent fuel marketers serving Iowans. We take this opportunity to shine the light on Co-ops in Iowa. FUELIowa has a long history with Coops throughout the decades. They continue to be an important segment of the FUELIowa membership. FUELIowa will continue to be there as their strategic partner. To better understand this business, FUELIowa reached out to a few Co-op members. We learned the challenges of the Co-ops mirror the challenges of the private sector, hiring and maintaining quality employees, supply chain challenges, the cost of business during the global pandemic and national inflation.

The Co-op of today looks nothing like the Co-op of 100, 50, and even 10 years ago. In the 1960’s, biodiesel was

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science fiction. In 2022, biodiesel is a major product for Co-ops. Co-ops are invested in bringing the best fuel and the most efficient costs to Iowans.

Last year in Iowa, GROWMARK

Giving Back to Communities

GROWMARK’s Foundation has provided more than $500,000 in matching funding to member cooperative community initiatives for each of the last four years. Each year the Foundation gives more than $200,000 in scholarships, including support for students to attend the Agriculture Future of America annual leader conference.

Jason Stauffer, GROWMARK FS shared, “We are rural Iowa. Most of our locations are in very small communities.”

technician, with completion confirmation ensuring our customers receive the on-time service they expect. That is one of the most important aspects of our industry.”

Education

Co-ops are finding new ways to use technology to educate their customers and provide opportunities to serve their clients more efficiently.

CHS/Cenex has over 55 branded co-op companies and provides key services such as fuel, propane, and lubricants. The enhanced CHS Giving Campaign allowed employees to give to a charity of their choice with a dollar-for-dollar match from CHS.

Technology

Co-op member owners are trying to figure out how to best integrate technology to maximize their efficiencies. Darin Schlapia shared, “United Farmer’s Cooperative has used onboard delivery truck computers and remote tank indicating methods to assist our drivers and customers. The most recent and helpful innovation our company has been able to develop is a central dispatching software system which allows many different sources of customer service orders to flow through one dispatching office to the right

“We have created a user-friendly online portal for customers.  Customers can login to view and download statements, place orders for fuel or propane, pay balances and view and sign contracts. We’ve had a great response since we rolled out the online portal and will continue to add more features in the future.”

Employment and Careers

Co-ops offer growth and flexibility in the industry. Job training is the foundation of their industry, and a college degree is not required for many positions. Coops are active in recruiting high school graduates, many of whom participate in the Future Farmers of America (FFA) programs. An employee can start working part time in high school and advance in the company. The Co-op experience provides employees the ability to grow into leadership positions. Co-op employees are not frozen at one location. If your family needs to move to a different town, or even

FUELIOWA // www.FUELIowa.com 5
For example, according to Jason Floy, Retail Operations Director, NuWay-K&H Cooperative,

state, and the Co-op exists there, you can transfer and stay with the company.

According to the Iowa Association of Cooperatives, “If cooperative employees were grouped together, cooperatives would be in the top ten largest employers in Iowa.”

Co-ops are also faced with the challenge of recruiting and retaining good employees in the current market. Nationally, the environment for employees is very competitive. Hiring bonuses have been implemented, but one member shared they’ve found employees are “job hopping from one job to another, using the bonuses as an incentive. This is frustrating businesses, to say the least”.

Transportation and Regulation

It’s not just fixed site employees who are hard to find, drivers are in short supply for every industry. Governor Reynolds heard the concerns, including the united voice of FUELIowa members.

On December 5, 2022, Governor Reynolds announced an Entry-Level Driver Training Program to provide more opportunities for interested truck drivers to obtain their commercial driver's license (CDL) in Iowa. According to the

Governor, “If you got it, a truck driver brought it. This new program will break down barriers which currently exist for obtaining a CDL and provide support to organizations who sponsor these critical training opportunities right here in Iowa.”

Co-op members know FUELIowa is monitoring regulatory issues which allow members to focus on business profitability. FUELIowa represents Coops by advocating for innovative and quality fuel options, consumer and environmental protection, and fairness in the marketplace.

“It felt like no one listened, but when FUELIowa spoke up on our behalf during the legislative session, we were heard. The legislative work FUELIowa engaged on underground storage tanks really helped us,” shared one Coop employee.

The new CDL program is designed to help the trucking industry and will eventually benefit the fuel industry. Experts speculate the additional CDL drivers will allow the well-trained drivers to move into the fuel industry, helping ease the current driver shortage. The transportation issue is not limited to a lack of drivers and staff. Co-ops are finding creative ways to offset these challenges. Co-ops are building infrastructure to store more fuel, to ensure a local and regional supply for consumers.

When we join with FUELIowa as members, we demonstrate our economic and political strength with one unified voice. We are stronger together; Iowa is stronger overall.

Joe Kirkpatrick, GROWMARK remarked, “Together, we can work for the future of Iowa, our members, and agriculture”.

Together

, We FUEL Iowa!

We know that the true power behind the Cenex® brand comes from our locally-owned retailers – valued partners who are invested in their customers and community. That’s why we’re committed to your success and helping you build your business from the moment you become a Cenex® retailer. From flexible brand conversion and marketing, to convenient payment processing and training programs, we can provide your business with the support it needs to help you grow.

A name your customers trust, a brand you can count on –visit cenex.com/businessopportunities to learn more.

FUELIOWA // www.FUELIowa.com 7 © 2021 CHS Inc. Cenex® is a registered trademark of CHS Inc.
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a sustainable future.

Looking Forward to 2023

2022 has seemingly flown by. The information in this article is intended to summarize some of the changes your business can expect to encounter in 2023.

2022 presented FUELIowa members with many challenges and once again members tackled those challenges head on. Two significant pieces of legislation impacting the Iowa fuel industry were passed in 2022 by the Iowa Legislature. The E15 Access Standard will require brick-and-mortar fuel retailers to prepare their business to offer E15 beginning on January 1, 2026. Tankwagon and transport deliveries to end-users are not impacted by the E15 Access Standard. While FUELIowa was opposed to certain provisions within the E15 Access Standard, we do support the overarching goal of the legislation to expand the footprint of both ethanol and biodiesel sales in Iowa and beyond.

Members are encouraged to assess the compatibility of their facility to make the move from E10 to E15.

tailers a choice to either opt out of the program or continue to participate under a revised program with an increase in the per container handling fee.

Here are some of the changes your business can expect to see in 2023:

Expanding

will be FUELIowa’s top priority during the 2023 Iowa Legislative Session.

While overshadowed by the impact of the E15 Access Standard, the passage of comprehensive reform to Iowa’s bottle and can deposit law was a major victory for FUELIowa members. Previously unchanged since 1979, the legislation passed by lawmakers allows fuel re -

In effect today is Iowa’s newly codified convenience standard. The convenience standard allows any retailer with a redemption center within ten miles for counties with a population greater than 30,000, or fifteen miles for a county with a population less than 30,000 to decline container acceptance.

Effective January 1, 2023, the handling fee available to retailers triples to three cents and retailers unable to utilize the convenience standard may opt out of Iowa’s bottle and can deposit law under any of the following conditions:

• The retailer holds a food establishment license under Chapter

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While we are committed to seeing the E15 Access Standard become a success, we believe further opportunity for infrastructure investment assistance will be necessary to achieve the desired result and avoid further consolidation of Iowa’s rural fuel distribution network .
infrastructure investment opportunities
REGULATORY FEATURE

137F to prepare or serve food; has a certified food protection manager; and sells time and temperature control for safety foods.

• The retailer has an agreement with a redemption center approved with the state of Iowa for the operation of a mobile redemption system. The agreement must provide for space, utilities, and internet and the redemption system does not require additional payment to the retailer.

• The retailer is within the codified convenience standard.

that this requirement only applies to infrastructure which will be used to store and dispense E15. For example, the upgrade of a product line and dispenser conveying E10 or E0 would not be subject to the E85 equipment compatibility standard. Additionally, the replacement of the product line, dispenser, or both, does not trigger an automatic requirement to sell E15. The requirement to sell E15 kicks in on January 1, 2026.

ber 1 through March 31.

Cost-share opportunities for biodiesel projects will remain the lesser of $50,000 or 70 percent of the project cost. Only $1.25 million in funds may be allocated by the infrastructure board to retail biodiesel projects. Biodiesel terminal grant applications are not subject to the $1.25 million cap.

No immediate changes to motor fuel excise tax rates will occur. Excise tax rates are adjusted on July 1 annually and based the market shares of ethanol blended gasoline and biodiesel blended diesel fuel.

On July 1, 2024 , the excise tax differential and accompanying formula currently available on B11 blends or greater will move to B20 blends or greater.

Beginning January 1, 2023 , a FUELIowa member replacing an underground storage tank or building a new ground up facility will be required to offer E15 from 50 percent or more of their gasoline fueling positions. This provision in law is only triggered by the replacement or addition of an underground storage tank and does not include dispensers or any other below-ground component.

For ethanol projects, retailers selling 140,000 gallons of gas or less will see their cost-share increase to the lesser of $63,500 or 90 percent of the project cost. Retailers selling over 140,000 gallons of gasoline but not more than 450,000 gallons will see a very modest increase in their eligible cost share. Retailers falling into this category are eligible for the lesser of $53,500 or 75 percent of the total project cost.

Ethanol projects will also be subject to a new preference ranking system implemented by the board and spelled out in the Iowa Code. Priority scoring will favor lower volume retail sites who do not qualify for one of the exemptions available under the E15 Access Standard.

Effective January 1, 2023 , all retail fuel infrastructure installed, replaced, or converted for the storage and dispensing of E15 must be installed, replaced, or converted with E85 compatible components.

No single provision has caused as much confusion as this provision included in the E15 Access Standard. FUELIowa members should note

Grant applications approved after January 1, 2023 , will be subject to new terms. For ethanol projects, all equipment associated with the sale of E15 or E85 must be E85 compatible to be eligible to receive a grant. Biodiesel projects must include equipment that is compatible with a minimum biodiesel blend of B20 and successful applicants will be required to offer B11 from April 1 through October 31 and a minimum blend of B5 from Novem -

On January 1, 2023 , retail gallons of B5 will no longer qualify for a state tax credit. The new retail biodiesel tax credit structure will see B11 receive $.05 cpg, B20 receive $.07 cpg, and B30 receive $.10 cpg. E15 will receive a flat rate of $.09 cpg for every gallon sold throughout the calendar year.

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The Iowa Department of Revenue is tasked by the Iowa Legislature to present an annual summary of the retail fuel gallons sold in Iowa. The report is presented to the Iowa Legislature on April 1st of each year.

Previously, retailer compliance with reporting for the annual motor fuel gallons report was voluntary. Beginning in 2023 , reporting will become mandatory, and the Department of Revenue may issue penalties for non-compliance. Motor fuel gallon reports will be completed exclusively through the new state GovConnect.Iowa website.

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CALENDAR OF EVENTS

JAN 27- FEB 23, 2023

UPCOMING LEGISLATIVE LUNCH

& LEARNS Multiple Location Across Iowa

FUELIowa is coming to a location near you to share the latest happenings at the Iowa Statehouse and to provide direction how State and Federal policies will affect your business. State legislators in your area are invited to attend and share their perspectives as well. Check our events tab at fueliowa.com for more details!

APRIL 17-19, 2023

UPPER MIDWEST CONVENIENCE STORE & ENERGY CONVENTION St. Paul, MN

Council Bluffs: January 27

Riverside: February 3 Spencer: February 10

Dubuque: February 17 Carroll: February 24

Fleet managers, transport owners, and fuel transporters turn to Westmor when they’re frustrated with downtime and maintenance issues or when they are looking for better ways to maximize their fleet. Oftentimes, they’re having troubles with their trailer weights and payload capacity or they need a product to help with a diversified operation.

UMCS is simply the best trade show, networking and educational event for the Fuel and C-store industry in the Upper Midwest. With the combined power of the state associations of both Minnesota and Iowa, UMCS is the largest show in the Upper Midwest, bringing more than 2,000 professionals together in a fun and relaxing atmosphere.

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SCAN TO LEARN MORE TRANSPORT IT YOUR WAY
15 Billing Address Signature Date *Contributions not drawn on personal funds will automatically be contributed to the FUELIowa Political Education Fund (PEF). CONTRIBUTION AMOUNT Bill Me* (If different from above address) $ CONTRIBUTOR INFORMATION Name Address City Zip E-mail State FUELIOWA PAC CONTRIBUTION CARD BILLING ADDRESS
16 ^ Sustaining Member * Fuel Marketer Program Donate at: www.fueliowa.com/donate-to-pac.cfm VISIONARY ($5,000+) $14,200 Bev & Henry Jessen, Cylinder Express * $ 5,100 Don Burd, Otter Creek Country Stores * $ 5,000 Paul & Tessa Fahey - Rainbo Oil * $ 5,000 Ronald N. Langston - FUELIowa^ LEADER ($2,500-$4,999) $4,000 Bob Mast, Mast ATM * $3,500 Larry Bentler, Jet Gas $2,875 Todd Kanne, Community Oil * $2,500 Jason McDermott, McDermott Oil * PARTNER ($1,000-$2,449) $2,000 Steve Kimmes, Kimmes Enterprises $1,500 Joe Zietlow, Kwik Trip ^ $1,500 Keith Olsen, Olsen Fuel Supply $1,150 John Gilroy, Grysson Oil $1,025 Wade Fowler, Coremark $1,000 Dave Reif, Reif Oil $1,000 Cliff Reif, Reif Oil $1,000 Randal Woodard, Elliott Oil $1,000 Andrew Woodard, Elliott Oil $1,000 Matt Scheetz, Depot Express $1,000 Eric Taylor, Taylor Oil $1,000 Jennifer Likes, Harms Oil ^ $1,000 Mark Cobb, Cobb Oil $1,000 Marc Beltrame - Beltrame Law Firm FRIEND ($500-$999) $725 Tia Eischeid $525 Cory Bauer $500 Mark Tiefenthaler $500 Rod Gittins $500 Mark Lincoln $500 Keith Crandall $500 Richard Weiner $500 Jeff Wade $500 Gary Stewart $500 Kyle Fenclt AS OF DECEMBER 14, 2022 CONTRIBUTOR ($0-$499) $425 Tera Petersen $400 Scott Struck $375 Chad Besch $350 Bob Schueler $350 Eric Swingler $300 Jim Pauk $300 Doug Coziahr $300 Logan Huffman $230 Trent Hepler $195 John Maynes $150 Nathaniel Doddridge $150 Gary Koerner $150 Jim Ewing $100 Dave Scheetz $100 Allen Boeckman $100 Dale Boeckman $100 Dean Onken $100 Aaron Ezzio $100 John Hepler $100 Kane Kuehl $100 Greg McNamara $100 Ace Ettleman $80 Chris Biellier $60 Sarah Bowman $50 Nathan Nolte $50 Teresa Hunt $50 Don Petersen $50 Marshall Petersen $25 Joe Madsen

THANK

POLITICAL

EDUCATION FUND

Otter Creek Country Stores $12,500

McDermott Petroleum $5,000

Jet Gas $5,000

Demmer Oil $5,000

Mulgrew Oil $5,000

Molo Petroleum $5,000

Rainbo Oil $3,000

Community Oil of Carroll $2,500

CSOI Corporation $2,000

Cobb Oil $1,000

Reif Oil $1,000

Gateway Expresse Inc. $1,000

Cubby’s Inc $1,000

Olsen Fuel Supply $1,000

Garnavillo Oil $500

Spratt Oil Sales $500

Kiracofe Oil Co $200 Beltrame

Bicycle,

Blackstone

Casey’s

Chevron

Cylinder

Prachar Oil $100

Grieder Standard $100

218 Fuel Express $100 Hovden Oil $100

Dudley’s Corner $100 Hansen’s Dairy $100 FOC Fauser $100 H&A Mini-Mart $100

Rolling Oil Company $100

Tiger Mart $100

CH Wilson $100

Drees Oil $100 J&D Mart $100

Denver Oil $50 Loess Hills Country Corner $50

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MEMBER HAPPENINGS

will continue his role as Chief Financial Officer.

WELCOME NEW FUELIOWA MEMBERS

South Station, located in Coon Rapids, Iowa providing fuel and tire service.

FUELIOWA MEMBERS IN THE NEWS

ROCHESTER DOCTOR TO BECOME NEW PRESIDENT OF KWIK TRIP CONVENIENCE STORE CHAIN

Courtesy of WAOW

A Mayo Clinic professor is stepping down to become the next president and CEO of Kwik Trip.

The convenience store chain says Dr. Scott Zietlow will retire from his role as Professor of Surgery in the Trauma, Critical Care and General Surgery Division of Mayo Clinic in Rochester, MN to assume his new responsibilities at Kwik Trip.

“I am honored to follow my dad’s legacy of guiding Kwik Trip. We are a very strong company and with our 36,000 phenomenal coworkers, great retail locations, and industry-leading vertical integration, our future is bright,” says Dr. Zietlow.

Scott’s father, Donald P. Zietlow, will be retiring at the end of 2022 after 22 years as Kwik Trip’s president and CEO.  As part of the new leadership team, Tom Reinhart has been appointed Chief Operating Officer.  Jeff Wrobel

Kwik Trip now operates more than 800 locations in Wisconsin, Minnesota, Iowa, Illinois and Michigan.

cup, that are having some hard times in their lives, so we're gonna buy them a Christmas meal," she said.

Kennedy says her personal life experiences taught her that giving back to those who need it is the most important concept.

MARION GAS STATION CASHIER COLLECTS MONEY TO GIVE BACK TO LOCAL SCHOOLS

Courtesy of CBS2Iowa

The saying goes, no one has ever gone poor by giving. That's a motto Jamilynn Kennedy lives by.

Since September, Kennedy, a clerk at the BP on East Post Road in Marion, has collected over a $1,000 so students at Marion Independent Schools don't have to skip lunch.

"A single mom came in here one day, she was on her phone and i just happened to hear her, talking about how she couldn't afford to feed her kids lunch, it was $12 a day for three kids $4 per lunch," said Kennedy.

The donation cup stays on the counter. And wow those pennies are adding up into a gift that is changing the lives of kids.

From September through November, Kennedy raised $1,056. That is enough to buy over 100 school lunches for hungry kids in Marion. This month, the donations are going back to those who have given but could use some help themselves. "We have three regular families that come in here, they also donate to the

"I raised three kids by myself, single mom their lives, they're 22, 21 and 18 now, the baby is a senior. I was on food stamps their whole lives. If it wouldn't have been for free and reduced lunch, my kids would not have been able to eat lunch, and I worked too,” she said. Helping comes natural to Kennedy.

During the derecho, she suffered a broken wrist clearing trees off 2nd Ave. As a result, she had a metal plate put into her arm and has a weight restriction on lifting anything over four pounds.

But she is still lifting those around her, sharing a message of hope: "For the people who are struggling just keep swimming, that's all you can do. Just swim. Just keep swimming, keep trucking, i promise it'll all work out in the end," Kennedy said.

If you want to drop in and give a donation, that BP is located on 1010 East Post Rd in Marion.

NEARLY $1 MILLION RAISED FOR FOLDS OF HONOR THROUGH SINCLAIR OIL CAMPAIGN

Courtesy of Sinclair

Five-week campaign to raise educational scholarship funds surpasses original goal for first time effort.

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Sinclair Oil (Sinclair), an HF Sinclair (NYSE:DINO) brand, is pleased to announce that its fall giving campaign, Fueling Folds of Honor, raised nearly a million dollars to support the children and spouses of fallen or disabled veterans and first responders by providing educational scholarships.

From Sept. 12 through Oct. 16, 2022, a portion of fuel purchased at participating Sinclair stations was set aside for Folds of Honor through the generous support of Sinclair-branded retail partners and Sinclair Oil customers. It is estimated that more than 180 edu-

cational scholarships of $5,000 each will go to families of fallen veterans in areas served by Sinclair stations.

paign,” said Jack Barger, senior vice president of marketing for HF Sinclair. “Together I believe we have done something meaningful for the next generation, and we’re honored by how our station partners embraced this program.”

For more information about which locations participated in Fueling Folds of Honor visit SinclairFuelingFolds.com, or visit SinclairOil.com for details about Sinclair Oil and HF Sinclair.

“Words cannot express how grateful and humbled we are by the actions of our Sinclair family during this cam-

FUELIOWA // www.FUELIowa.com 21

INSIDE THE BELTWAY ENERGY MARKETERS OF AMERICA

U.S. JUDGE BLOCKS FDA RULE ON CIGARETTE WARNINGS

Source: NACS

R.J. Reynolds succeeds in its challenge to the FDA mandate for graphic labels on packaging. A U.S. judge in the U.S. District Court for the Eastern District of Texas has blocked a federal rule requiring graphic health warnings on cigarette packages slated to take effect in November  2023, reports the Winston-Salem Journal.

Judge John Campbell Barker Wednesday ruled in favor of the plaintiffs in R.J. Reynolds Tobacco Co. et al. v. U.S. Food & Drug Administration et al. His order vacates a March 2020 decision by the FDA to require graphic warning labels on cigarette packaging as part of the 2009 Family Smoking Prevention and Tobacco Control Act.

The same court issued another order to further postpone the effective date of required warnings on cigarettes. In March 2020, the FDA issued a final rule requiring cigarette health warnings on cigarette packaging and advertisements. In October 2019, NACS filed a letter on the proposed rule on graphic warning labels on cigarette packages.

The now-vacated final rule required cigarette manufacturers to include graphic health warnings on cigarette packaging and advertisements. The “new cigarette health warnings must appear prominently on packages and in advertisements, occupying the top 50% of the area of the front and rear panels of cigarette packages and at least 20 percent of the area at the top of cigarette advertisements,” the rule states.

In addition, retailers of cigarettes would have been held responsible for ensuring those health warnings are visible to the public and unobscured. In terms of packaging requirements, retailers of cigarettes will not be in violation of the final rule if the cigarette packaging: (1) contains a warning; (2) is supplied to the retailer by a licensed manufacturer or distributor; and (3) is not altered by the retailer. However, retailers would be responsible for ensuring that the health warnings are visible on packages and unobscured by stickers, sleeves or other materials.

California saw over 6,800 opioid-related overdose deaths in 2021, up from more than 5,500 opioid-related overdose deaths reported in 2020, according to the state’s Overdose Surveillance Dashboard. The state estimates 5,722 overdose deaths in California are attributable to fentanyl – a synthetic opioid that is 50-100 times stronger than morphine, according to the U.S. Drug Enforcement Administration.

Fentanyl deaths among youth have soared in California in recent years, shooting up more than fourfold among teens ages 15 to 19 and nearly sevenfold among 20-to-24-year-olds from 2018 to 2021, according to an analysis by the Mercury News.

Many take fentanyl not knowing they are doing so. Mexican drug cartels have been lacing pills that look like other opioids and smuggling them into the U.S.

The rise in overdose deaths has caught the attention of several California lawmakers, who in the first week of the 2023-2024 legislative session, introduced several new bills requiring opioid antagonist kits, like Narcan, to be available in public spaces in the event of an overdose.

Source: The Center Square California could move to require opioid antagonist kits, which can be used to reverse the effects of an opioid overdose, in public spaces like libraries, gas stations and schools under new measures introduced by California lawmakers this week.

One measure, Assembly Bill 24 by Assemblyman Matt Haney, D-San Francisco, would require a person who owns or manages a bar, gas station, public library or single-room occupancy hotel in a county experiencing an opioid overdose crisis to post an opioid antagonist kit and instructional poster  in an area accessible to employees. Manag-

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NARCAN COULD BE REQUIRED IN CALIFORNIA GAS STATIONS, SCHOOLS FOLLOWING RISE IN FENTANYL DEATHS

FUELIowa not only keeps you informed in Iowa but on a federal level as well by partnering with our national organization, EMA. If it will impact you, we’ve got you covered.

ers would also be required to restock the kit after each use and could face a fine of $1,000 or jail time for violating the provisions in the bill.

The bill would also require the state’s Department of Public Health to provide the kits free of charge, but there is no cost estimate for the bill available at this time.

consumers or the environment. “Thus, I am joining other Midwest states in seeking a permanent solution to allow year-round E15 and further reduce emissions,” Parson said in his letter. Governors from Iowa, Illinois, Kansas, Minnesota, Nebraska, North Dakota, South Dakota and Wisconsin made a similar move in April and Ohio joined the effort in June.

Renewable Fuels Association CEO Geoff Cooper said, “This simple regulatory solution will allow consumers in Missouri to benefit from E15’s lower cost and lower emissions throughout the year. We continue to call on other states to take similar action so that the benefits of E15 can be permanently enjoyed by drivers across the nation.”

tax-exempt purchasers (state and local governments, etc.).

First and foremost, refiners are the only parties liable for payment of the Superfund tax. It is important for energy marketers to understand that once crude is refined, the tax becomes a manufacturing cost refiners include in the price per gallon of finished product. No other party downstream of the refinery gate is liable for the Superfund tax because it is passed down as a cost not a tax.

MISSOURI BECOMES 10TH STATE TO SEEK YEAR-ROUND E15 SALES

Source Energy.Agwired.com Missouri has become the tenth state to take action to allow the year-round sale of 15% ethanol fuel (E15).

This week, Missouri Governor Mike Parson notified EPA administrator Michael Regan by letter that he will exercise authority granted to state governors under the Clean Air Act to allow Missouri retailers to sell E-15 all year. He joins nine other Midwestern governors who made that same notification earlier this year.

Parson thanked Regan for the emergency waiver allowing E-15 sales during the 2022 ozone control season, but says relying on emergency waivers is not a long-term solution for fuel retailers, farmers, ethanol producers,

Some suppliers break out the additional per gallon cost associated with the tax on supply invoices and identify it as the “Superfund Tax.” However, this practice is not legally required for downstream parties and often creates confusion for both energy marketers and tax-exempt purchasers. Therefore, to avoid confusion, energy marketers are advised not to break out the Superfund tax as a separate line item on invoices or supply contract bids because tax exempt purchasers will object to any charge identified as a “tax”. There are no downstream exemptions from the Superfund tax.

SUPERFUND

TAX

ON CRUDE OIL BEGAN JANUARY 1, 2023

Source EMA What the 16.4 Cents Per Barrel Tax Means for Downstream Energy Marketers and Tax-Exempt Purchasers

The Inflation Reduction Act of 2022 reimposes the long-expired Superfund excise tax on crude oil at the rate of 16.4 cents per barrel began January 1, 2023. EMA is receiving inquiries about how the Superfund tax will affect downstream energy marketers and

Finally, the Superfund tax is only imposed on the crude portion of blended product. As a result, downstream blenders of ethanol, biodiesel or any other non-crude renewable fuels are not liable for the tax. Finally, the Superfund tax is indexed annually to the rate of inflation and expires on December 31, 2032, unless extended by Congress.

FUELIOWA // www.FUELIowa.com 23

RISK MANAGEMENT

7 Tips to Protect

Your

Business From Cyberattacks – From our trusted partner EMC

SImproving your defenses against cyberattacks doesn’t have to be daunting. There are several simple solutions to protect your business’s data and keep your employees, customers and finances safe online.

What is a Cyberattack?

First, let’s make sure we’re all on the same page. A cyberattack is an unauthorized attempt to expose, destroy or access your data. The two most common types of cyberattacks are:

• Malware—short for “malicious software,” malware acts against the intent of the user and can come in the form of a virus, Trojan horse or worm.

• Phishing—this is when scammers send fraudulent emails or text messages that may look like they’re from a reputable company. Phishing scams often tell you to click a link or open an attachment and can then steal sensitive data.

Smaller organizations are often prime targets for cyberattacks because they aren’t protected by the same level of security infrastructure as larger companies—yet they still have valuable data to offer. Untangling the aftermath of a cyberattack can be expensive, stressful and time-consuming for your business. But you can take simple, proactive steps to safeguard your company’s most important information.

Regularly back up your business data. If it’s compromised in any way—lost, leaked or stolen—you’ll want to ensure you have a backup, or copy, available so you can restore it. Set your backups to happen automatically and store them somewhere secure offline.

Regularly back up your business data. If it’s compromised in any way—lost, leaked or stolen—you’ll want to ensure you have a backup, or copy, available so you can restore it. Set your backups to happen automatically and store them somewhere secure offline.

Stronger cybersecurity starts with better employee education. Provide regular training for your team to teach them about common threats and what to look for, including:

7 Tips to Prevent Cyberattacks

Here are seven tips to improve your business’s cybersecurity measures:

• Secure storage of client information and the businesses responsibility to protect client data

• Clicking on unknown links in emails

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

• Using USB sticks, which could introduce viruses into computer systems

• The use of mobile devices and what to do if they are lost or stolen

A firewall acts as a digital shield, preventing malicious software or traffic from reaching your network. Establish a policy on what your firewall will allow to get through and use a content filter to prevent access to sites most likely to contain threats.

While you may be wary of hackers trying to breach your network, don’t forget that your hardware can be stolen too. Make sure to train your employees on physical security, such as when doors need to be locked, which devices are to remain on-premises, procedures for reporting lost or stolen access cards and visitor access procedures.

devastating.

That’s why EMC offers CyberSolutions—a robust product that combines cyber liability and data compromise coverages to help your business or organization react to and recover from a cyber-related event. CyberSolutions includes access to cyber security tools and resources, such as:

• eRiskHub—an online risk management portal that includes tools to manage cybersecurity risks and resources and help you stay informed of the latest security threats.

Believe it or not, the world’s most-used password in 2022 is still “12346.” Too many employees use passwords that are easy to hack. Encourage your employees to create a complex password (at least eight characters with a combination of upper and lowercase letters, numbers and symbols) and require them to update it at regular intervals. If you deal with highly sensitive data, you may want to require multifactor authentication, which requires users to present at least two identifying factors, such as a password and a code.

Finally, make sure that everyone who works for you has a separate work computer—even if they work from home. Don’t store business information on a device you share with family, friends or housemates.

• Cyber Safety®—scans for vulnerabilities in your web applications. Get a report that details any issues identified so you can take action to eliminate security vulnerabilities. Employee training is provided, including security awareness training, a skills assessment and customized curriculum based on each employee’s strengths and weaknesses. Protecting your business from cyberattacks and threats is one of the most important things you can do as a business owner. By taking an active role in your cybersecurity and implementing protective measures now, you can save yourself time, money and heartache in the future.

Encryption software will make sure that even if someone does hack into your business’ network, they won’t be able to read or get access to any of your files. It may add a little time to your day having to decrypt and then re-encrypt everything you use, but if you were to be hacked, it would keep your sensitive data out of the wrong hands.

EMC Cyber Security Tools

Almost every business relies on data and computer systems, and when these systems experience an attack, critical information can be lost. The effects of a cyberattack or data breach, including loss of income and expensive litigation, can be long-lasting and financially

FUELIOWA // www.FUELIowa.com 25

WANT BETTER HEALTH INSURANCE FOR LESS?

HEALTHAlliance offers industry leading health & wellness plans exclusively designed to meet the needs of fuel marketers, convenience stores, and associated businesses. With partners like Blue Cross & Blue Shield, Delta Dental & more, our members enjoy the finest coverage at low rates due to the combined buying strength of our membership.

www.HealthAllianceBenefitPlan.com

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THANK YOU SPONSORS

FUELIOWA // www.FUELIowa.com 27
28 PRESORTED STANDARD U.S. POSTAGE PAID DES MOINES, IA PERMIT NO. 1988 10430 New York Ave Ste F Urbandale IA 50322 Blending renewable fuels? Interested in RINs? RINAlliance helps blenders stay compliant with U.S. EPA’s Renewable Fuel Standard (RFS) while maximizing profits. Call us today to learn how you can benefit! 1-866-433-RINS (7467) info@rinalliance.com www.rinalliance.com www.RINAlliance.com

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