FUELIowa Magazine: September/October 2024 by FUELIowa

THE VOICE AND RESOURCE FOR IOWA’S FUEL INDUSTRY

AN EXCITING NEW CHAPTER pg. 4

PROPERTY TAX RELIEF pg. 8

FUELIOWA MEMBERS ON THE BALLOT pg. 14

FUELIOWA COMPLIANCE SERVICES pg. 20

CHAIRMAN’S PERSPECTIVE

At the August Board Meeting in Okoboji, our board of directors provided FUELIowa staff with direction on legislative priorities and strategies for the off-season to enhance our readiness for the forthcoming legislative session. By setting these priorities in mid-summer, our staff, lobbyists and members can better prepare for grassroots initiatives and familiarize themselves with pertinent issues.

Since then, our staff has been very busy conducting meetings with legislators from both the House and Senate, and various industry groups, discussing priorities centered around the upcoming 2025 Iowa Legislative Session.

We will be reaching out to many of you this fall and throughout the legislative session for support of our legislative priorities at the grassroots level. urge you to answer the call and engage for the good of your business and our industry. This is a wonderful way to learn the critical role FUELIowa plays on your behalf, make a difference, and build an important relationship with your local legislator for years to come.

Lastly, we have launched a new committee, the Tank Wagon and Propane Committee. This committee is tasked with opportunities related to property tax relief, off-road biodiesel use, and the driver shortage.

It is essential to remember that Together We FUELIowa. So, if you have interest in joining the grassroots team, or joining the Tank Wagon and Propane Committee, please reach out to John Maynes (john@fueliowa.com). The more members willing to participate, the stronger the results.

EXECUTIVE COMMITTEE

563- 526-1179

Reif Oil Company Burlington 319-752-9809

BOARD OF DIRECTORS

Chris Biellier Associate Director Seneca Companies Davenport | 563-332-8000

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

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

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

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

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

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

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

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

Together We FUELIowa

An Exciting New Chapter At FuelIowa

By Gary Koerner, CEO, FUELIowa

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 excited to get to work in my new role.

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 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 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, and 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 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, 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. 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

MEET THE TEAM

JOHN MAYNES, President, Government Affairs

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.

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) state.

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

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.

JIM EWING, Director, Membership & Business Services

Jim serves as Director, Membership & Business Services. In this role, Jim manages all operational activities related to membership retention and recruitment, business services programs, sponsorship and advertising.

Prior to FUELIowa, Jim was an Energy Account Manager with GROWMARK

SARAH BOWMAN, Director, Communications & Events

Sarah serves as Director, Communications & Events, responsible for the bi-monthly magazine, social media, press releases, the weekly Insider, and events.

Prior to FUELIowa, Sarah served as Director of Industry Affairs with Iowa Poultry Association, Communications Director for Agribusiness Association of

MARC BELTRAME, Lobbyist

Marc T. Beltrame brings 18 years of legal experience and a bipartisan approach to government relations advocacy both in Iowa and Washington D.C. Marc delivers best-in-class access to decisionmakers and a strong reputation for handling some of the biggest, most challenging issues with a focus on the gaming, agribusiness financial services, and technology sectors. Prior to founding the Beltrame Law Firm, Marc had the distinction of pursuing a career in both government and politics.

DAVID PECK, Associate lobbyist

David Peck joins the Beltrame Law firm following a career as Infantryman. A graduate of the United States Army’s prestigious Ranger School, David served his country from 2010 - 2016. Following his career in the armed services, David received an undergraduate degree from Iowa State University with an emphasis in private land management. Following his undergraduate studies, David received his Juris Doctorate

Energy covering eastern Iowa, Illinois and eastern Missouri. He also worked eleven years at Solar Transport in various recruiting and sales management roles.

Jim earned his undergraduate degree from the University of Northern Iowa. He and his wife Amanda have three children residing in Norwalk.

Iowa, and multiple sessions in the Iowa Legislature clerking for Senators and Representatives.

Sarah earned her Bachelor of Science degree in English from Iowa State University. She and her husband David live in Clive with their five children, William, Sean, Brendan, Henry and Mary Elouise.

In addition to serving as a consultant to numerous local, state and congressional campaigns over the years, Marc was the state director and senior advisor to former U.S. Senator Christopher J. Dodd’s presidential campaign in Iowa during the Iowa Caucus. Marc also has extensive operational experience with a number of federal government processes and issues having worked as the Deputy Chief of Staff to former U.S. Congressman Leonard Boswell.

at Drake University. He obtained a Legislative Practice Certificate for his extensive service at the Iowa Capitol, including as an intern to then State Senator, Congressman Zach Nunn.

Working closely with clients across diverse business and non-profit sectors, David plays a pivotal role in helping to identify and articulate their legislative priorities.

Property Tax Relief for Tank Owners

Continues to Prove Difficult but Our Work Continues

By John Maynes, President, Government Affairs, FUELIowa

In 2022, FUELIowa staff with the support of the FUELIowa Board of Directors set a course in pursuit of property tax relief for FUELIowa members operating aboveground storage tanks. The idea was generated after reviewing a file stored in the FUELIowa office about an issue a member had faced over four decades ago at their bulk storage facility. Although the issue the member faced at the time was not a matter directly related to the property tax assessment of aboveground storage tanks, a review of the case law referenced in the matter gave credence to the idea that tanks were considered equipment and the type of equipment which would ordinarily be removed if the owner of the property moved to another location.

Step 1 in the process of pursuing relief for tank owners was identifying a tank site upon which to pursue our challenge. The site chosen was identified for its simplicity and its similarity to other bulk storage facilities throughout the state. The purpose of this exercise was to provide relief to tank owners throughout the FUELIowa membership. The bulk storage facility picked for this challenge consisted of three 30,000-gallon above-ground storage tanks, two sets of concrete piers with saddles, a bulkhead, and a pumping unit. The system was interconnected by the usual piping and ran on electrical power. The tanks themselves were held in place on the concrete piers by

gravity, just as most of the tanks used by members in the fuel industry are positioned at their bulk storage facilities.

The initial petition filing for relief was heard before the Dubuque County Board of Review. The petition was denied. A subsequent petition was filed with the District Court for Dubuque County and this petition was denied. Finally, as a last resort for appeal, a petition was filed with the Supreme Court of Iowa who transferred the case to the Iowa Court of Appeals.

Following a hearing before the Iowa Court of Appeals, the Iowa Court of Appeals found that the bulk aboveground storage tanks were pieces of “equipment” and not “improvements” as urged by the Dubuque County Board of Review. Further, the Iowa Court of Appeals held the tanks were the kind of equipment ordinarily removed when an owner moves to another location, and therefore met the exception to the definition of attached in the statute. The Court of Appeals ordered the case back to the district court for entry of an order excluding the three bulk above-ground storage tanks from the 2019 assessment.

After receiving the favorable decision from the Iowa Court of Appeals, FUELIowa provided aboveground tank owners with the Court of Appeals decision with the belief aboveground tank owners could petition their county board of review for the relief from taxation granted by the Iowa Court of Appeals decision. The benefit of losing at the District Court level and prevailing on appeal to the Iowa Court of Appeals is a legal precedent binding in all of Iowa’s 99 counties.

What has ensued has been extremely disappointing. In 2023, members pursuing tax relief for their aboveground storage tank assets were denied by local assessors and county board of reviews. Members pursuing relief provided examples

of correspondence from assessors denying relief. The most common justification from assessors denying relief included the Iowa Court of Appeals decision only applying in Dubuque County; tanks being of a larger size no matter how small the difference (40,000 v. 30,000 capacity); and that the decision by the Iowa Court of Appeals applied only to pressurized tanks. It is worth noting that the Iowa Court of Appeals does not use the term pressure or pressurized throughout their published opinion, nor does the court give any deference to the size of the storage vessel or the substance contained therein in their analysis leading to their decision.

Recognizing the disconnect between the positions taken by assessors on the assessment of tanks and the Iowa Court of Appeals decision, the FUELIowa Board of Directors provided support to continue new District Court Challenges in five Iowa Counties. The five District Court challenges to the inclusion of aboveground storage tanks were strategically partnered with bulk storage facilities where both vertical, horizontal, and pressurized tanks were present.

Of the five District Court challenges filed, pre-trial settlements were reached where all aboveground storage tanks were removed from assessments in Buchanan, Dubuque, and Jackson County. Appeals remain pending in Clayton and Clinton County. FUELIowa is aware of an additional settlement where the assessment of vertical tanks was challenged in Cerro Gordo County. The Cerro Gordo District Court agreed to a settlement where the vertical tanks were removed from the assessment.

The Iowa Court of Appeals ruling excluding aboveground storage tanks from property tax assessments is the law. Getting assessors to accurately apply the law has been a challenge.

FUELIowa has an upcoming meeting with the Iowa Department of Revenue (IDR) where we will ask the department for guidance to be issued to assessors in removing aboveground tanks from future assessments. If policy is unsuccessful, FUELIowa plans to bring forward legislation in 2025, backed by a coalition of industry stakeholders, to achieve the same result.

Looking ahead to 2025, formal assessment is forthcoming. This means your assessment will be accompanied by a right to appeal. Formal assessments should start to appear next year around March 1. We encourage you to plan for an appeal.

If your bulk aboveground storage tanks are included in the assessment of your real estate, the best thing to do is contact your county assessor to confirm the same. Thereafter, if your bulk aboveground storage tanks are set-up or installed in a manner where they are held in place by gravity and only connected through piping which can be easily reversed, you should consider seeking legal advice to determine whether the holdings of the Iowa Court of Appeals apply to your situation. We believe they do and our exercise throughout a number of District Court’s throughout Iowa confirms our belief.

As mentioned earlier, oddnumbered years provide FUELIowa bulk plant owners with a right to appeal. A template for the appeal form is included with this article. FUELIowa members will check box number three and, in the space provided, should write or type “equipment not attached.” Taking this step will preserve your initial right to appeal with your local board of review and set a course toward securing an appeal before your local District Court.

Assuming your local board of review denies your appeal, their denial will trigger your right to appeal to your local District Court. This should be a much more impartial venue for your challenge and allow for a thorough legal review of your appeal. If you plan to challenge your tax assessment, you will need to follow the procedure established by your County Assessor’s office and Iowa law. FUELIowa encourages members to retain an attorney to ensure proper procedure is followed during the appeal process.

FUELIowa will continue to provide members updates on our pursuit of property tax relief at your bulk storage facilities. Our goal is to have the relief granted by the Iowa Court of Appeals to aboveground tank owners applied uniformly across all of Iowa’s 99 counties. Today’s checkerboard application of the Iowa Court

of Appeals decision has created inequity in the marketplace county to county and we have discovered instances where the assets of competitors in the same county are not being assessed on equal footing.

As FUELIowa pursues this issue through the courts, state government, and potentially the state legislature, staff will continue to provide updates as this issue evolves and moves forward through its process. Members with questions are encouraged to contact John Maynes in the FUELIowa office (john@fueliowa. com, 515-421-4043).

See pages 12-13 for the Property Tax Petition form

THE COMPLETE SOLUTION

FOR YOUR FUEL SYSTEM NEEDS

This petition must be filed or mailed to your city or county assessor from April 2 to and including April 30. It must be postmarked no later than April 30. Contact information for all assessors can be found at the Iowa State Association of Assessors website: (www.iowa-assessors.org).

Petition to Local Board of Review Regular Session

For use by Board of Review only

Petition number:

Class:

Parcel number:

To the Board of Review for (jurisdiction) of the State of Iowa, the undersigned (print name), , as owner or aggrieved taxpayer of the following described real estate: with the property address: _ and as such, liable for the payment of taxes thereon, do hereby respectfully object to the assessment made against said real estate as of current year January 1, 20 , in the sum of (enter total assessment) $ for the following reasons, and upon the following grounds: Check and complete all grounds that apply see instructions on back.

☐ 1. That said assessment is not equitable as compared with assessments of other like property in the taxing district. Address and assessment of representative number of comparable properties (optional):

Assessed at: $

☐ 2. That said property is assessed for more than the value authorized by law Actual value (optional): $

☐ 3. That said property is not assessable, is exempt from taxes, or is misclassified. Reason for exemption, misclassification, or non-assessment (optional):

☐ 4. That there is an error in the assessment List of errors (optional):

☐ 5. That there is fraud or misconduct in the assessment State specifically the fraud or misconduct (required):

I, the undersigned respectfully request that the assessment made against said real estate be adjusted accordingly based upon the facts presented I declare under penalties of perjury or false certificate, that I have examined this document, and, to the best of my knowledge and belief, it is true, correct, and complete.

An oral hearing is requested: Yes: ☐ No: ☐

Mailing address:

City: State: ZIP: Signature (Owner or Duly authorized agent): Date:

Iowa Code section 441.37(1)-(2)(a) Protest of assessment—grounds.

1. a. (1) Any property owner or aggrieved taxpayer who is dissatisfied with the owner’s or taxpayer’s assessment may file a protest against such assessment with the board of review on or after April 2, to and including April 30, of the year of the assessment. In any county which has been declared to be a disaster area by proper federal authorities after March 1 and prior to May 20 of said year of assessment, the board of review shall be authorized to remain in session until June 15 and the time for filing a protest shall be extended to and include the period from May 25 to June 5 of such year. The protest shall be in writing on forms prescribed by the director of revenue and, except as provided in subsection 3, signed by the one protesting or by the protester’s duly authorized agent. The taxpayer may have an oral hearing on the protest if the request for the oral hearing is made in writing at the time of filing the protest. The protest must be confined to one or more of the following grounds:

(a) That said assessment is not equitable as compared with assessments of other like property in the taxing district.

(b) That the property is assessed for more than the value authorized by law.

(d) That there is an error in the assessment.

(e) That there is fraud or misconduct in the assessment which shall be specifically stated.

(2) If the local board of review, property assessment appeal board, or district court decides in favor of the property owner or aggrieved taxpayer and finds that there was fraud or misconduct in the assessment, the property owner’s or aggrieved taxpayer’s reasonable costs incurred in bringing the protest or appeal shall be paid from the assessment expense fund under section 441.16. (3) For purposes of this section, “costs” include but are not limited to legal fees, appraisal fees, and witness fees.

(4) For purposes of this section, “misconduct” means the same as defined in section 441.9. 2. a. A property owner or aggrieved taxpayer who finds that a clerical or mathematical error has been made in the assessment of the owner’s or taxpayer’s property may file a protest against that assessment in the same manner as provided in this section, except that the protest may be filed for previous years. The board may correct clerical or mathematical errors for any assessment year in which the taxes have not been fully paid or otherwise legally discharged.

Iowa Code section 441.21(3)(b)(2) Actual, assessed, and taxable value

For assessment years beginning on or after January 1, 2018, the burden of proof shall be upon any complainant attacking such valuation as excessive, inadequate, inequitable, or capricious. However, in protest or appeal proceedings when the complainant offers competent evidence that the market value of the property is different than the market value determined by the assessor, the burden of proof thereafter shall be upon the officials or persons seeking to uphold such valuation to be assessed.

For information regarding appeals to the Property Assessment Appeal Board or district court, please see Iowa Code sections 441.37A–441.39.

FUELIowa Members on the Ballot

By Sarah Bowman Director, Communications & Events FUELIowa

In the upcoming election, FUELIowa has two members on the ballot for the Iowa Senate, Adrian Dickey and Nick Molo. Adrian Dickey is an incumbent in his upcoming race, and Nick Molo is running for a Senate seat vacated by longtime Senator Pam Jochum.

Adrian Dickey, Dickey Transport and Harold Dickey Oil Corporation.

Adrian is the President of Dickey Transport and Harold Dickey Oil Corporation. His responsibilities include all capitol purchases, legal proceedings, political engagement, contracts, employee compensation, and the overall direction of the company.

The business being in his parent’s back yard, Adrian has been “involved” with the business since a kid. Where most kids had a playground made up of swing sets, his was fuel barrels and semi-trucks! Adrian started working for the company in junior high, washing trucks, mowing, cleaning fuel stations and sweeping the shop. He hurried through college so he could return to the family business when he graduated from the University of Northern Iowa in 1995.

“After earning my Bachelor’s Degree, I started full time at Dickey Transport and Harold Dickey Oil and have been blessed to have been a part of the business every day since then.”

In November of 2020, Adrian’s State Senator Marianette MillerMeeks ran for, and was elected to represent Iowa’s First District in the United States Congress. She resigned from her Iowa Senate seat, and a special nomination convention was held in the State Senate District to fill her vacant seat.

Having never placed his name on a ballot, Adrian decided to run for the special nomination convention.

I ran because of the 3 of the most time-consuming aspects of my life:

1. Harold Dickey Oil has been a FUELIowa member and involved in the petroleum industry since 1954.

2. Dickey Transport has been an Iowa Motor Truck Association member since 1959.

3. I have been a volunteer firefighter with the Packwood Volunteer Fire and Rescue department for 32 years.

The two candidates were former Senator Mark Chelgren and Adrian. Adrian won the nomination convention, and 21 days later, defeated the Democrat nominee in a special election. Adrian has been reelected twice and is once again on the ballot for Senate District 44.

Quickly, Senator Dickey realized the value of having someone on the “inside” to speak on issues that had a direct impact on our industries. “To have the ability to be that voice was the greatest reason I ran. For so many years, there was no elected official in our State Capitol that worked in or was involved with these industries. While there always has been a place for lobbyists in our legislative process (and FUELIowa has an EXCELLENT team of lobbyists), lobbyists can only do so much to educate elected officials about the issues facing these industries.” Lobbyists are not allowed on the Senate or House floors, and all conversations must take place outside of the chambers. Senator Dickey explains, “having a member of the industry in the chamber, they can directly go to their fellow colleagues on the actual chamber floor, or in caucus, to educate them on our issues and negotiate to earn their support.”

We asked Senator Dickey, “What issues are facing your constituency in 2024? What’s the word on the street – what are people in your district talking/worried about?”

The economy, the border, politicizing our judicial system, and the erosion of the moral fabric of our society. In no time in history, has there been a 4 year span that Iowa has reduced taxes more than what we have in the past 4 years. As serve on the Senate Ways and Means Committee, have been fortunate to not just be a “yes vote” on these bills, but to have a hand in crafting a significant part of these tax reducing pieces of legislation. While we have done some GREAT things in Iowa to reduce our taxes and control our spending, all Iowans feel the financial pain of the inflation that has been inundated by President Biden and the federal government. Those pains are what lead to the discontent from most of my constituents.

As we all know the issue at the southern border again has been caused at the federal level. And while Iowa is not a border state,

we have passed legislation over the past 4 years to discourage illegals from coming here. I visited the border last fall and what I saw there was 100 times worse that what I expected. In my opinion, what has been allowed to take place on our southern border over the past 4 years will transform our county more negatively than any other event in US History.

How we have become numb to daily examples of the federal government using their power to “alter” our political process. Not a day goes by where we don’t hear of another example of where the judicial system has gone after politicians from another party, the FBI and IRS going after religious, businesses, or individuals that with differing political views, etc. Using any part of the federal government for one party’s gain should never be acceptable, however it has now become the norm.

However the most dominant conversation when I speak with constituents is the erosion of our moral society. Whether it is the sexualization of our children, spreading a woke agenda, having to prevent boys that God made as boys from participating in girls sports, attempts to remove religion from our lives, censoring our words, federal government attempting to choose what “news” we see and hear, or simply the loss of compassion for life and others. The reason this subject is the most concerning to the constituents is because they feel it, they see it, the experience it every day. When I first ran 4 years ago, someone asked why I was running and without thinking, I said, “to protect with common sense looks like” and immediately that became my campaign slogan. As long as debate is to be had on common sense issues, there will be a place for my voice.

Nick Molo grew up in Dubuque, and after college worked in the investment advisory business for eight years before joining the family business, Molo Petroleum. Molo Petroleum is a staple in the Dubuque community, over 150 years old.

Nick has never held office (with the exception of serving as CoChair for the Dubuque County Republican Central Committee for the last two years), and believes that its critical our industry has a seat at the table.

“I think it's in our interest to become more dynamic. However, the government should NOT be in the business of picking winners and losers. It is my prerogative to fight for that.”

Nick is interested with risk/return profiles and existential questions, sharing “what our place is in capital markets and how do we stay relevant to consumers?” He continued, “Shifting mature businesses and industries can be challenging, but driving process improvements and analytically based decisions are a core focus across departments. Updating and strengthening our structure will help position us to adapt and grow. My responsibility is to keep us prepared to navigate to the future.”

He explained, “For about as long as one can remember, politics in Dubuque have largely been controlled by Democrats. When this became an open seat near the beginning of the year I decided to step up and answer those who had been asking me to run and seize the opportunity. It's important we have conservative values represented.”

We asked Nick Molo, “What issues are facing your constituency in 2024? What’s the word on the street – what are people in your district talking/worried about?”

Inflation/costs are the number one issue by far across the aisle. In a historically blue district, abortion has surfaced a bit given recent advances with Iowa's heartbeat bill. Some democrats are unhappy with the way their party circumvented the system and slid Harris in, and many independents and moderate republicans do not like Trump personally but really want his policies....so, despite the strong contrast on issues this cycle has been anything but straightforward given the personalities and numerous unique events.

We wish our members on the ballot the best of luck during the election. Together we FUELIowa!

FUELIOWA COMPLIANCE SERVICES

By Jim Ewing, Director, Membership & Business Services

In addition to advocacy, did you know that FUELIowa provides low-cost compliance services? Our services are industry leading and tremendous value due to the scale and buying power of FUELIowa’s 400+ member companies. Is your business in compliance?

Let’s review the following:

 24 Hour Emergency Response Compliance

 Unattended Site Monitoring

 Storage Tank Leak Detection & Compliance

 Drug-Alcohol Testing & CDL Clearinghouse

24 Hour Emergency Response Compliance

Any company transporting hazardous materials MUST provide an emergency response telephone number in the event of an emergency involving a hazardous material (49 CFR §172.604). Is your business prepared when your company driver is stopped by the DOT and asked to provide an emergency response phone number? The Iowa Department of Transportation stated that 90% of emergency response numbers listed as a home, work, or cell number are out of compliance with 49 CFR §172.604.

As a solution to this law, FUELIowa has a partnership with Infotrac, a state-of-the art chemical emergency response system endorsed by the US Department of Transportation to provide 24-hour emergency response to members who ship hazardous materials.

Unattended Site Monitoring

Pressurized fuel sites that are not attended to during all hours of operation pose a risk of significant environmental accidents. The rules apply to any site that dispenses fuel, through a pressurized system, while a Class A, B, or C operator is NOT present and the underground storage tank system is not equipped with electronic line leak detectors (ELLD) capable of immediately shutting down the system when a leak occurs.

As a cost-effective solution to an ELLD upgrade to your system, FUELIowa has a partnership with Infotrac’s 24-Hour Response Service to provide your customers access to a 24-hour phone service monitored by professional responders who will alert you to the signs your system may present that it is not functioning properly while the facility is unattended.

Statistical Inventory Reconciliation (SIR)

All regulated tanks must have leak detection so that leaks can be discovered quickly before contamination spreads from the Underground Storage Tank (UST) site. If your site does not have an Automatic Tank Gauge (ATG) System, FUELIowa has a low-cost solution through our Statistical Inventory Reconciliation (SIR) Service that records, delivery, and dispensing data collected over 30 days to detect if the fuel tank system is leaking and keep your business in compliance.

Drug-Alcohol Testing & CDL Clearinghouse

FUELIowa offers a simple, low-cost program for members to comply with BOTH drug and alcohol testing and CDL Clearinghouse regulations. Drug-Alcohol Testing Services include pre-employment testing, and random selection as part of a FUELIowa consortium of drivers.

Employers with CDL drivers are required to register with the Clearinghouse because the federal regulation requires employers to use the database to search for drug and alcohol program violations related to drivers. Annually, all drivers on your roster must be queried in the database.

The FUELIowa solution is simple, and we work together with you as your third-party administrator managing the clearinghouse process at a low annual rate plus a fee to conduct driver queries.

To learn more about FUELIowa Compliance Services and pricing, please contact Jim Ewing (515) 4214596 or jim@fueliowa.com

Solving Your Liquid Storage Needs Since 1961

MEMBER HAPPENINGS

Welcome New Members

Walsh Long & Company, customers depend on WL for the best equipment solutions in petroleum, automotive, lighting & energy, DEF, and water storage applications throughout the Midwest.

AgVantage, the FS system is a leading supplier of refined and renewable fuels to a wide range of accounts including farmers, truckers, construction companies, municipalities and more.

275 FUEL located in Hamburg, Iowa

AREA BUSINESSES RECEIVE GRANTS TO UPGRADE GAS STATION EQUIPMENT FOR BIOFUELS

Pump & Meter Service Inc. "We are committed to providing the highest value petroleum equipment and services, supported by highly trained technical personnel, in a way that depicts the professional integrity, knowledge and ethics of our company."

DAS Companies, Inc. designs, imports, and distributes truck & auto supplies, travel gear, and mobile electronics that offer safety, convenience, comfort, and connectedness to onthe-go consumers, through a series of channel partnerships, including Travel Centers, Convenience Stores, Heavy Duty Trucking, Electronic & Specialty Retailers.

Morning Star Station, located in Worthington, IA is the premier gas station and convenience store serving Dyersville, Cascade, Dubuque, and surrounding areas since 2020.

or Womens Vest:

Email Jim Ewing at jim@fueliowa.com to order your FUELIowa fashion.

Autowash Systems, Inc., Midwest’s leading car wash equipment installation, distribution, service, parts, and chemical provider.

InConvenience Inc. operates The Gas Spot convenience stores in Davenport and Cedar Rapids markets, a friendly and fun neighborhood spot to fill up.

Funds will be used to install storage tanks and dispensers for fuel with higher blends of ethanol.

About $3 million in federal grant funding will be used locally to expand access to biofuels in Iowa.

The U.S. Department of Agriculture recently announced that over $14 million in total is being awarded to 19 projects across Iowa via the Higher Blends Infrastructure Investments Program, part of the Inflation Reduction Act.

Rainbo Oil Co., McDermott Oil Co. and J&D Mart received grants that largely will be used locally to install storage tanks and dispensers for fuel with higher blends of ethanol at gas stations.

Tessa Anderson, vice president of Rainbo Oil Co. in Dubuque, said the company’s $641,000 grant will fund

new dispensers and storage tanks at four fueling stations. According to the USDA list of awardees, the project will increase the amount of biofuel sold by about 515,000 gallons per year.

Investment in biofuels is key to reducing energy costs and greenhouse gas emissions, USDA Rural Development State Director Theresa Greenfield said in a press release. She said biofuels lower costs for Iowans, address climate change and help create jobs and market opportunities in the state.

Older fuel storage tanks and dispensers are not built to handle gasoline with higher ethanol blends, so gas stations need new equipment to offer the fuel. The cost of installing the new equipment is high, however, and doesn’t yield more income for gas stations because ethanol-blended fuel does not cost more for customers.

Anderson said installing new equipment is necessary to provide ethanol options but can be hard to finance because it does not result in more fuel sold.

“Without the grants, I don’t know if we would be able to do it,” she said. “It costs so much even for just one site, especially when we have to replace tanks under the ground, the piping and wiring along with that, and dispensers themselves are expensive.”

PHILIP MORRIS INTERNATIONAL INVESTS IN U.S. ALTERNATIVE TOBACCO MARKET

with the introduction of IQOS now anticipated for the fourth quarter, Reuters reported.

Construction of a new manufacturing facility will be funded through a $600 million investment doled out over two years.

STAMFORD, Conn. — Philip Morris

International announced its intentions to invest $600 million in a new, Colorado-based manufacturing facility for Zyn nicotine patches even as it has pushed back the release of one of its other alternative tobacco products.

The plant is expected to open in 2025 and would create 500 jobs, according to Reuters. The decision to expand came from strong sales for Zyn, which entered the U.S. market after Philip Morris purchased the product's original parent company, Swedish Match, in 2022.

According to the news outlet, these plans build off of the company's work to create alternatives to traditional cigarettes amid greater health awareness and stricter regulation. However, how quickly those plans can come to fruition remains somewhat uncertain, as sales on Zyn.com have been suspended following a subpoena from the District of Columbia, which requested information about Philip Morris' compliance with the state's 2022 ban on the sale of all flavored tobacco.

The company has also pushed back the anticipated test launch of its IQOS heated tobacco product. Originally given the greenlight by the U.S. Food and Drug Administration (FDA) last year and scheduled for launch in the second quarter of 2024, the plan has been moved back to later in the year,

Despite the agency authorization and the availability of similar products in 27 international markets, health campaigns and anti-smoking advocates have pushed back on the device's authorization, sending letters to regulators accusing the company of misrepresenting past regulatory decisions, the news outlet continued.

In the meantime, Philip Morris continues to wait on FDA approval for its other alternative tobacco products, including the IQOS ILUMA. Though IQOS smoking devices had been available via Altria Group Inc., an agreement to transfer the rights to Philip Morris meant new premarket tobacco product applications were needed for the updated versions, including the ILUMA.

Approval for the ILUMA device is anticipated for sometime in late 2025.

TRIVE CAPITAL PARTNERS WITH SENECA COMPANIES, INC. TO SUPPORT GROWTH (DES MOINES, IA – August 23, 2024) – Seneca Companies (“Seneca”) is pleased to announce it has partnered with an affiliate of Trive Capital (“Trive”), the Dallas-based private equity firm. The new partnership with Trive will support Seneca’s growth strategy to be a premier service provider to the fueling solutions industry and set the standard for this industry’s future.

Established in 1972 by Chris Risewick, Seneca is known as an established leader in the petroleum industry from project design and planning to maintenance, service, parts distribution and compliance. The Company has 40+ year working relationships with large retail fueling chains and provides a “one-stopshop” solution for its customers.

“Trive is the perfect partner to help turbo charge Seneca Companies’ continued success,” said JC Risewick. “As a 50+ year old family business it was important to us that we partnered with someone who would uphold our family values. With Trive’s history of investment in family and founder-led companies, we couldn’t be happier with our new partner. I am very excited for the future of this great company!”

Blake Bonner, Partner at Trive Capital, stated, “Seneca has become a market leader in fueling solutions through its exceptional operational expertise and unparalleled commitment to its customers. We are excited to share in the strategic long-term vision of the company and partner with a flagship brand in the space.”

NEW COOPERATIVE FOUNDATION

DONATES TO LOCAL 4-H

CLUBS

the Foundation donated $94,520 to 35 county extension and outreach offices, which will support 4,929 individual 4-H members. The contribution from the Foundation pays for half of each 4-H member’s dues in NEW Cooperative’s trade territory counties, which includes the following: Calhoun, Carroll, Cherokee, Crawford, Greene, Franklin, Hamilton, Humboldt, Kossuth, Monona, Plymouth, Pocahontas, Sac, Webster, Woodbury, Wright, Hancock, Cerro Gordo, Emmet, Dickinson, Palo Alto, Clay, Cass, Warren, Montgomery, Adams, Union, Clarke, Lucas, Fremont, Page, Taylor, Ringgold, Decatur, and Wayne. Holly Reicks, NEW Cooperative, right, presents Ashlie Jergens, Pocahontas County youth coordinator, a check for $1,520.

CASEY’S CEO DARREN REBELEZ TO BE HONORED AT RETAIL LEADER OF THE YEAR DINNER

“In his modest ways, Darren is arguably the most impactful CEO in the c-store channel today,” Mitch Morrison, CSP’s event content director and vice president of retailer relations, said.

“Less than five years ago, Darren took the reins of a successful company and completely reinvented it, making Casey’s one of the most foodfocused, enterprising and lucrative companies in the c-store industry.”

• Casey's General Stores Inc. is No. 3 on CSP's 2023 Top 202 ranking of convenience-store chains by store count.

Rebelez joined Casey’s in June of 2019, following four years with casual dining restaurant chain IHOP. Before IHOP, he served as executive vice president and COO at 7-Eleven. Rebelez also spent six years in leadership posts at ExxonMobil.

How to Join the Celebration

CSP will celebrate Rebelez’s leadership and achievements with family and friends at a formal dinner and award presentation during the NACS Show on Oct. 7 at the Fontainebleau Hotel in Las Vegas. The reception will start at 7:30 p.m.

presented Reif Oil with the 2024 Renewable Fuels Marketing Award for Biodiesel Marketing in Burlington on Thursday.

Dave Reif of Reif oil and Iowa Secretary of Agriculture Mike Naig discuss issues surrounding ethanol, biodiesel, and propane on Thursday, Sept. 5, 2024. Iowa Secretary of Agriculture Mike Naig made a trip to Burlington to award Reif Oil Company with the 2024 Renewable Fuels Marketing Award for biodiesel marketing on Thursday. Reif Oil Company, which is headquartered in Burlington, was founded in 1978.

Since then, the company has taken significant steps to add increasingly more biodiesel options to its retail and wholesale portfolio – including offerings through Reif’s Fast Break convenience stores are located in Westland, West Burlington, Iowa City, Mediapolis, Muscatine, Mount Pleasant and Fort Madison.

More than 7,500 Shell stations across the country are participating.

Shell’s The Giving Pump campaign is returning this fall for its fourth year. Running until October 31, a portion of purchases made by consumers who use the designated purple pump at select Shell stations will support local children's and family-focused charities across the nation.

The Giving Pump will be specially marked with colorful signage at participating stations and can be found across 47 states as part of Shell's Force For Good initiative to give back and drive positive change in local communities.

This year, The Giving Pump is supporting 552 local and national charities across the U.S., including St. Jude Children's Research Hospital, Boys & Girls Clubs, Prader-Willi Syndrome Association USA and The Brooke Healey Foundation.

Starting at 2,900 locations in 2021, the number of Shell stations participating in this two-month initiative has grown to more than 7,500 across the United States. The Giving Pumps were used 7.3 million times during the two-month campaign last August and September.

As one example, Peninsula Bridge, a program dedicated to empowering under-resourced and first-generation students to achieve college and career success, is teaming up with Loop Neighborhood Market and AU Energy for The Giving Pump campaign.

"We are thrilled to partner with Peninsula Bridge through The Giving Pump initiative," said Sunny Goyal, vice president at Loop Neighborhood Market and AU Energy. "At Loop, we believe in making a positive impact in the communities we serve. Peninsula Bridge's commitment to empowering under-resourced and first-generation students aligns perfectly with our values. By working together, we can help these students overcome barriers and achieve their full potential, making a lasting difference in their lives and our community."

The NEW Cooperative Foundation continues their commitment to supporting local 4-H youth. Recently,

Darren Rebelez left his post as president of IHOP in 2019 to helm Casey’s General Stores Inc., embarking on a massive transformation that has reimagined nearly every aspect of the Ankeny, Iowa-based convenience-store chain’s business.

It is thanks to those transformative efforts that CSP has named Casey’s CEO and President Rebelez its 2024 Retail Leader of the Year. And now c-store retailers can join the celebration of his achievements at the annual RLOY dinner in Las Vegas.

Convenience-store retailers can register for the dinner online and by using the code “Casey’s.”

AG SEC. NAIG PRESENTS 2024 RENEWABLE FUELS MARKETING AWARD TO REIF OIL COMPANY

Reif Oil and Iowa Secretary of Agriculture Mike Naig pose for a photo after Sec. Naig

In addition to biodiesel distribution at its company-owned stores, Reif Oil supplies its dealer network throughout Iowa, Illinois and Missouri with biodiesel produced in the state of Iowa.

SHELL’S ‘THE GIVING PUMP’ RETURNS THIS FALL

"The Giving Pump is an easy and impactful way for customers to give back through the simple act of filling up their vehicles, and we look forward to highlighting the many organizations whose mission is to aid children and families in their communities," said Barbara Stoyko, senior vice president, Mobility Americas at Shell. "Each year, it has been uplifting to see the commitment from customers and stations to support nonprofits that have a positive effect on the lives they serve."

"We are proud to partner with Loop Neighborhood Market and AU Energy to support our commitment of eliminating the unique challenges that our first-generation students must face, because we believe that talent is universal, but opportunity is not," said Randi Shafton, chief executive officer of Peninsula Bridge. "This generous donation will help us empower them to thrive and become leaders in their families, communities, and world."

Dave Reif of

DNR Storage Tank Management Account Financing Program Tank

Closure Funding

By John Maynes, President, Government Affairs, FUELIowa

Thank you all for your patience as the DNR has developed processes for some of the tasks previously performed by the UST Fund Board. We do have an update regarding tank closure funding, the process for all new UST closure projects moving forward and answers to some questions regarding projects that occurred during the transition period from July 1, 2024 to September 20, 2024.

Moving forward, UST owners can apply for tank closure funding by submitting the UST Closure Claim Application [Form # 542-0274] and a budget to the DNR. Upon verification of eligibility, the DNR will send a contract to the UST owner to sign to be returned to the DNR. Upon signature of the DNR, work may commence on the project. Reimbursement will require an invoice from the UST owner to the department.

To be eligible for reimbursement, the UST owner must adhere to the Iowa DNR rules for tank closures in Iowa Administrative Code 567-Chapter 135.15, including providing a 30 day notice prior to the commencement of the permanent UST closure work and submitting the closure report within 45 days of the tank closure or sampling for a closure in place project.

Please note, these are not new requirements. Prior to the elimination of the UST Fund Board, the time limit notifications were not considered in determining eligibility because the notification requirement was a DNR rule and separate from funding regulations. As the funding responsibilities and oversight has now transferred to the DNR, in order to provide reimbursement DNR rules and law must be followed.

If you are the UST owner with a tank closure project that has not yet initiated work:

You will be asked to submit a new UST Closure Claim Application and will be required to enter into a contract with the DNR. Site work cannot commence until the contract has been signed by both the DNR and by the tank owner.

This process will require you to submit the attached claim application along with a budget. Critical information needed will be W-9 documents to ensure that we have the correct name and address to remit payment. Once the project is completed, an invoice from the owner needs to be submitted to the DNR along with supporting documentation within 30 days of the project completion.

Again as noted above, the required 30 day notice must be provided to be eligible.

If you are the UST owner with a tank closure project that has been initiated, but not yet completed (i.e., UST closure report not submitted):

Similar to a new request, the tank owner must submit a new UST Closure Claim Application and will be required to enter into a contract with the DNR.

If you are the UST owner with a tank closure project completed between July 1, 2024 and September 20, 2024:

The tank owner must submit a new UST Closure Claim Application and complete the IRS W-9 procedure to document the proper payment remit address. The tank owner must also provide an invoice, with supporting documentation, for DNR review.

RISK MANAGEMENT

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

Prevent Fuel Delivery Errors with These Best Practices

Fuel delivery may seem like a simple task, but small mistakes, such as dispensing the wrong fuel into a gas station tank or delivering fuel to the wrong address, can cause extensive damage with price tags totaling thousands of dollars.

Best practices for residential fuel deliveries

Storage tanks are usually in the basement or buried underground,

making it difficult to inspect the tank before filling. Multiple fuel types in different compartments on the delivery truck increase the likelihood of delivering the wrong fuel. Before filling the tank, drivers should take these steps:

• Check the delivery history chart and make sure your delivery is in line with the size of previous deliveries

• Determine the available tank capacity before delivery

• Visually inspect indoor tanks for general condition, connection and venting on an annual basis and document the results

• Double-check the delivery ticket to verify details, including confirming that the fill pipe location is as indicated on the ticket

• Verify that buried or basement tanks, filling lines and vents are piped outdoors

Best practices for gas station delivery and other commercial fuel deliveries

Drivers usually rely on color coding or tagging of fill spouts to identify the correct underground tank, but drivers who repeatedly deliver to the same locations may assume they know the correct spout without checking each time. It’s also common for color coding or labels to wear off or be removed, so it’s crucial that drivers take the following steps before filling a commercial fuel tank.

• Conduct a visual inspection of the site for changes or problems; this may include ignition sources near the vent pipe, plugged vent pipes, excessive vegetation, unsecured fill caps, or rust and corrosion on the piping

• Ensure vent whistlers or other positive fill-notification alarms are in place before filling home basement tanks

• Check that all fill pipes and caps are labeled or color coded to industry standards

• Make sure the delivery rate is limited to tank vent capacity to reduce the chance of a large spill or tank rupture

While filling the tank, drivers should always start pumping slowly and keep the vent line in view while pumping. If a steady vent whistle isn’t established after 5 to 10 gallons, they should stop pumping.

• Gauge the tank to determine available capacity

• Verify that fill pipes and/or caps are labeled or color coded to industry standards

• Set the brake on the tank truck and turn off lights before starting fuel transfer

• Make sure the delivery rate is limited to tank vent capacity to reduce the chance of a large spill or tank rupture

• Ensure that leak monitoring well caps are locked

Article courtesy of the Loss Control department, EMC Insurance, Des Moines, 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.

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 Iowa!"

POWERFUL BRAND. HOMETOWN FEEL.

RUNNING YOUR BUSINESS YOUR WAY.

POWERED LOCALLY.®

VISIONARY ($5,000+)

PAC CONTRIBUTIONS

As of 8/22/2024

$8,670 Don Burd - Otter Creek Country Stores*

$5,220 Paul Fahey & Tessa Anderson- Rainbo Oil*

$5,000 Larry Bentler, Jet Gas*

LEADER ($2,500-$4,999)

$3,375 Keith Olsen - Olsen Fuel Supply

$2,600 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 Jason McDermott - McDermott 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

CONTRIBUTOR ($0-$499)

$490 Tia Eischeid

$400 Chad Besch

$400 Jason Stauffer

$400 Dustin Jones

$350 David Spooner

$295 Dennis Jaeger

$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

$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

CALENDAR OF EVENTS

JANUARY 14, 2025

FUELIOWA LEGISLATIVE CONFERENCE

Embassy Suites, Des Moines, Iowa

APRIL 7 – APRIL 9, 2025

UMCS

St. Paul, Minnesota

JUNE 9, 2025

FUELIowa Golf Benefit for Camp Courageous

Finkbine Golf Course, Iowa City, Iowa

INSIDE THE BELTWAY

EMA Legal Reminder: VISA/ MasterCard Settlement Administrator Accepting Claims Forms Now Through February 4, 2025

After the VISA/MasterCard case was filed over 18 years ago, and over 5 years since the court approved the September 18, 2018 Class Settlement Agreement, the Class Administrator of the $5.5 billion payment card interchange fee settlement fund has mailed out claim forms to retailers/ marketers who may be eligible for a share of the Settlement Fund. Last week, the Court granted an extension of the claims-filing deadline. The deadline to submit claims is now February 4, 2025.

1. Claimants must have accepted VISA and/or MasterCard as payment for their sales of goods or services between January 1, 2004 and January 25, 2019. Claim Forms must be submitted by February 4, 2025. If you received a Claim Form in the mail and want to file a claim online using the Claimant ID provided, please click the “Submit a Claim” button” at this link: https://www.paymentcard settlement.com/en.

2. Branded Marketers should submit a claim, for branded sales, even though there is cur rently a dispute about whether they or their branded supplier is entitled to recover the settlement share for credit card sales through their branded supplier’s respective systems. As previously reported by the Energy Marketers of America (EMA), a Special Master has been appointed by the court to hear appeals from denials of eligibility, such as claim denials based on the alleged status of branded retailers as indirect payers.

3. The Claims The actual claim amount, per $ of sales approved, will be calculated after the Claims Administrator calculates the total amount of the Claims submitted. If you receive a claim form in the mail, fill it out and return it to the Settlement Administrator in accordance with the instruc tions on the form using the assigned Claim ID number. If your claim is denied, you will be able to bring it before the Special Master for review.

If you did not receive a form, you can access the settlement website below and enter your Tax ID number (TIN) to find out whether the Settlement Administrator considers you eli gible at http://www.payment cardsettlement.com/en/Login.

While EMA has not secured the procedures to be utilized by the Special Master, a determination of ineligibility

obtained by accessing the above-referenced login information should be sufficient as a denial of your claim to warrant an appeal to the Special Master.

Please note that the “Court Approved Claim Form" is only 1 page long. Other than claimant identification, it only contains one substantive question. It requires a claimant to fill in the blank for "Class Period (January 1, 2004 -- Jan. 25, 2019) Interchange Fees Paid.” Marketers should not need any assistance in completing or filing their claims. A fund this large attracts firms who think of inventive ways to obtain some of the settlement. We have heard from several marketers who have received solicitations to assist with their claims due to the anticipated long delay until payout. Given that this case was filed in 2005, the time until payout is unknown but it will likely be lengthy. Marketers may of course choose their own path but should understand that filing their claim form is simple.

If your claim is denied on the ground that you are an “indirect payer,” and you wish to lodge an appeal, you may want to first seek guidance from your attorney, although you are free to file your appeal without attorney assistance. The primary basis for any such appeal would be that you are, in fact, a direct payer of the interchange fees paid on each card transaction.

Comments and/or Questions? Please contact EMA General Counsel: Bob Bassman, bbass@bmalaw.net or Al Alfano aalfano@bmalaw.net.

White House Issues

National Heat Strategy

The U.S. Government announced a federal heat strategy this week which is aimed at promoting coordination related to heat planning, response and resilience. The strategy is being spearheaded by the federal interagency National Integrated Heat Health Information System (NIHHIS), made up of 29 federal departments and agencies, led by the Centers for Disease Control and Prevention (CDC), the National Oceanic and Atmospheric Administration (NOAA), and the Federal Emergency Management Agency (FEMA). Additionally, the Department of Commerce and NOAA announced $200,000 in funding to support extreme heat preparedness and response planning, and NINHIS released a new National Heat Strategy for 2024-2030, which will aid federal agencies in developing science-based solutions and improving resources, communications and decision-making related to hazardous heat.

A notable resource developed by the NINHIS to address extreme heat is The experimental HeatRisk tool, that provides a 7-day heat forecast nationwide that tells users when temperatures may reach levels that could harm human health. Pulling data from the HeatRisk tool, CDC also developed a HeatRisk dashboard, a user-friendly

webpage where people can enter their ZIP code and get personalized heat forecast information for their location, including information on local air quality, alongside protective actions to take.

FMCSA Warns Motor Carriers of Aggressive New Email Scam Involving U.S. DOT Numbers

The Federal Motor Carrier Safety Administration (FMCSA) issued a warning this week about fraudulent emails being sent by entities pretending to be officials of FMCSA. The emails are being sent to U.S. DOT number holders. The email includes a fake facsimile of the recipient’s “expired” U.S. DOT number certificate and demand for money in exchange for continuing operating authority. This is a new, aggressive scheme where the visual design, English spelling, and FMCSA government officials' positions are not accurate. DO NOT respond or provide information to the senders.

What You Can Do:

• Do not click any suspicious links, hover over them to see the real email address or URL of that link. Click ONLY on links you deem trustworthy.

• Visit the Department of Homeland Security’s Cybersecurity & Infrastructure Security Agency for more guidance on online deceiving tactics. Learn more about phishing.

• The Federal Trade Commission (FTC) recommends following certain procedures for email verification.

• File a complaint with the Federal Bureau of Investigations (FBI) by using their IC3 site.

• Reach out to the FMCSA Contact Center or call (1-800832-5660) if you are the target of these practices.

Federal Judge Tosses FTC's “NonCompetes” Final Rule

On Tuesday, Judge Ada Brown of the U.S. District Court for the Northern District of Texas ruled that the Federal Trade Commission (FTC) lacks legal authority to implement its “non-competes” rule. As the Small Business Legislative Council (SBLC) previously alerted (EMA is a contributing member) on April 23, 2024, the FTC voted 3-2 along political party lines to approve a new rule that essentially

banned all non-competes for employees and independent contractors.

A tax firm, Ryan LLC, sued to block the rule in April. The U.S. Chamber of Commerce later joined the case as a plaintiff, as did the Business Roundtable, and two other business groups. Judge Brown concluded that the FTC exceeded its statutory authority in promulgating the rule and that the rule itself was arbitrary and capricious. Therefore, the rule is considered unlawful and, for the moment, is now set aside (i.e., not enforceable). Victoria Graham, an FTC spokeswoman, said that the FTC would “keep fighting to stop non-competes that restrict the economic liberty of hardworking Americans.” Ms. Graham is further reported to have said that the FTC is “seriously considering a potential appeal, and today’s decision does not prevent the FTC from addressing non-competes through case-by-case enforcement actions.” This does leave open the possibility of further review by higher courts.

But, for now, there is a reprieve, and the rule is not enforceable.

USDA Accepting Applications for Higher Blend Infrastructure Grants

Announces 160 New Grant Recipients

The United Stated Department of Agriculture (USDA) announced it is continuing to accept applications for

its Higher Blend Infrastructure Incentive Program (HBIIB) for energy marketers. In addition the agency announced that USDA is funding 160 projects in 26 states to expand access to clean energy systems and increase the availability of domestic biofuels. HBIIP seeks to increase the availability of higher blends of ethanol and biodiesel derived from U.S. agricultural products by sharing the costs to build and retrofit biofuel-related infrastructure. Grants cover up to 75% or $5 million of total project costs to help facilities convert to higher-blend fuels. The fuels must be greater than 10% for ethanol and greater than 5% for biodiesel.

The $450 million in new funds are made on a quarterly calendar basis starting July 1. Each quarter the USDA is making available $90 million to support a variety of fueling operations:

• Approximately $67.5 million will be made available to transpor tation fueling facilities, including fueling stations; convenience stores; larger retail stores that also sell fuel; and transporta tion, freight, rail and marine fleet facilities.

• Approximately $18 million will be available to fuel distribution facilities, including terminal operations, depots and mid stream operations.

• Up to $4.5 million will be made available to home heating oil distribution facilities.

There will be five application windows for HBIIP between July 1, 2023, and September 30, 2024. A sixth application window will be opened if funding has not been exhausted. USDA continues to accept HBIIP applications until September 30, 2024 at 4:30 p.m. ET. For more information, go to the HBIIP webpage.

EPA Extends Emergency RVP

Fuel Waiver for Michigan, Illinois, Indiana and Wisconsin

Yesterday, the EPA extended a previously issued emergency RVP waiver for RFG in Michigan, Illinois, Indiana and Wisconsin. The waiver was necessary due to an ongoing fuel supply emergency caused by closure of the ExxonMobil Joliet refinery after tornados touched down in and around the Chicago area on July 15, 2024. Under the waiver, regulated parties may produce, distribute and sell gasoline in the waiver area with an RVP of no more than 9.0 psi (10 psi if the gasoline contains 10% to 15% ethanol). The extended waiver began August 28, 2024, and will continue through September 15, 2024. This waiver supersedes the earlier waiver issued on August 13, 2024.

Clean Fuels Alliance Urges Treasury to Issue Guidance on Clean Fuel Tax Credit before January 1, 2025 Effective Date

Green diesel and jet fuel stakeholders are urging U.S. Treasury Secretary to issue 45Z Clean Fuel Production Credit (CFPC) guidance as soon as possible. The stakeholders are concerned that the tax credit filing information will not be ready by January 1st when the

biodiesel blender’s tax credit turns into a producer’s credit based on carbon intensity scores. Stakeholders are asking for the proposed rules and safe harbor guidance to be issued by September 1 and a final rulemaking by November 1. Ethanol, biodiesel, renewable diesel and sustainable aviation fuel (SAF) will all be eligible for the new production tax credit, however, depending on the outcome of the November elections, a GOP controlled Congress could reelevate much of the IRA’s tax credits.

“US biodiesel, renewable diesel, and sustainable aviation fuel producers are facing difficulties finalizing feedstock contracts, securing capital flows, and meeting project deadlines without knowing the value of the credit. The need for policy certainty is urgent,” the group told Yellen. The Stakeholders said guidance on 45Z needs to be issued well before the credit is set to take force on January 1, 2025.

IRS Issues New Warning Signs of Incorrect Claims for the Employee Retention Credit

The IRS recently shared five new warning signs of incorrect claims by businesses for the Employee Retention Credit. The credit is for employers who retained employees during the COVID pandemic. The new list comes from

common issues the IRS has seen while reviewing and processing ERC claims.

Aggressive vendors convinced many businesses to claim the credit when they’re not eligible. The IRS urges businesses to carefully review their filings to confirm their eligibility and ensure their claim doesn’t include these warning signs or other mistakes. Businesses should talk to a trusted tax professional and resolve incorrect claims through the IRS’s claim withdrawal program or the second ERC voluntary disclosure program to avoid issues such as audits, repayment, penalties and interest. The five new red flags cover these areas:

• Essential businesses during the pandemic that could fully operate and didn’t have a decline in gross receipts. Promoters convinced many essential businesses to claim the ERC when, in many instances, essential businesses weren’t eligible because their operations weren’t fully or partially suspended by a qualifying government order.

• Businesses unable to support how a government order fully or partially suspended business operations. Whether a business was fully or partially suspended depends on its specific situation. When asked for proof on how the government order suspended more than a nominal portion of their business operations, many businesses haven’t provided enough information to confirm eligibility.

• Businesses reporting family members’ wages as qualified wages. If business owners claimed the ERC using wages paid to related individuals, those claims are likely for the

wrong amount or ineligible.

• Businesses using wages already used for Paycheck Protection Program loan forgiveness. Businesses can’t claim the ERC on wages that they reported as payroll costs to get PPP loan forgiveness.

• Large employers claiming wages for employees who provided services. Large eligible employers can only claim wages paid to employees who were not providing services. Many large employers’ claims incorrectly included wages for employees who were providing services during these periods.

The IRS previously issued warnings involving these seven areas:

• Too many quarters being claimed.

• Government orders that don’t qualify.

• Too many employees and wrong calculations.

• Businesses citing supply chain issues.

• Businesses claiming ERC for too much of a tax period.

• Businesses didn’t pay wages or didn’t exist during eligibility period.

• Promoter says there’s nothing to lose.

For details on all of these warning signs, check new and previous shared signs ERC claims may be incorrect.

Businesses can also use the IRS’s ERC

Eligibility Checklist or review Frequently Asked Questions about ERC Eligibility to help identify incorrect claims.

EMA Urges House Committee to Pass Bill to Bring Efficiency and Cost Savings to Safety Assessments

This week, EMA urged House Homeland Security Chairman Mark Green (R-TN) and Ranking Member Benny Thompson (D-MS) to advance a revised version of the Transportation Security Screening Modernization Act (H.R. 5840) during a markup next week.

H.R. 5840 is important to energy marketers who are dedicated to supplying fuel where it is needed and maintaining that supply. Marketers face numerous challenges in preserving supply, including a severe driver shortage. One deterrent for drivers who may be considering obtaining their HAZMAT and TWIC credentials is the redundancy and expense of obtaining and maintaining TSA Security Threat Assessment (STA) program enrollments. Streamlining the applications so that an individual may use the application, biometric data, and information generated by TSA’s vetting for one threat assessment program to be used for enrollment in any other such programs will result in greater efficiencies and cost savings for drivers.

Although the Department of Homeland Security (DHS) houses most credentialing programs critical to supply chain continuity, the programs

have distinct regulatory requirements that make them inefficient and costly. The Transportation Security Screening Modernization Act would create efficiencies for both the government and supply chain workers by harmonizing programs that require the same background check, including the Transportation Worker Identification Credential (TWIC), Hazardous Materials Endorsement (HME), and TSA PreCheck programs. Additionally, the legislation would allow individuals to apply for enrollment in multiple STA programs at the same time under a reduced fee structure.

An example of the result of the inefficiencies of obtaining and maintaining redundant TSA threat assessment program enrollments came last week in a TSA Federal Register notice announcing fee increases for the Hazardous Materials Endorsement (HME) STA fees by $23.25 for NonAgent states. There are 8 Non-Agent states: Florida, Kentucky, Maryland, New York, Pennsylvania, Texas, Virginia, and Wisconsin. The standard fee increased from $34 to $57.25 per application and will be effective on December 2, 2024.

TSA is required by law to collect enough fees to cover the cost of processing STAs. Processing for Non-Agent states costs more than Agent states. Non-Agent states require additional oversight, case management and manual intervention. Most of the checks that EMA makes regarding HME application late processing are for Non-Agent states. As directed by Congress, TSA must collect fees to pay for conducting all portions of an STA, including adjudicating the vetting results; administering the redress process, including requests for correction of records, appeals, and waivers; information technology

development and maintenance; personnel; billing and collections; and any other costs related to administering the STA.

In 2022, TSA analyzed the costs associated with the HME Non-Agent State STAs and found that the current fees to process these applications do not cover TSA's costs. The fees TSA charges the Non-Agent States have not been revised since 2005, and many recent information technology and customer service improvements, and increased contract costs have not been accounted for in the fees. Also, the Non-Agent State submissions require TSA to expend additional program oversight, case management, and manual intervention to ensure that the biographic information is attached to the correct biometric information. Consequently, TSA has had to hire more staff to accurately process these submissions.

EMA strongly supports H.R. 5840 because it would bring sanity and efficiency to the STA process, thereby reducing federal and business expenses and unnecessary strains on staff and employees.

Next week, Congress will return from an extended recess, and they will be returning to work with much to do before getting back to their districts and the campaign trail. First, and most importantly, Congress must pass a Continuing Resolution (CR) by midnight on September 30 to avoid a government shutdown at 12:01 am on October 1. And in the coming weeks, they will surely accomplish this. But first, before passing an extension to push funding to late November or early December, House Republicans will push for a few funding measures that will likely cause consternation in

Inside the Beltway Update

the Senate and at the White House. To that end, Speaker Mike Johnson (R-LA) has already proposed two things: (1) a CR that extends funding into 2025 and (2) the attachment of the SAVE Act, which would require proof of citizenship to vote. It is unlikely that the Democratic Majority would accept either position, and it is less likely that President Biden would sign the bill into law. Regarding the SAVE Act, the White House has already indicated opposition, noting that it is currently illegal for noncitizens to vote. In all likelihood, Congressional Leadership will likely reach a deal on preventing a shutdown, because a shutdown would not benefit either party in an election year. But Congress doesn’t like to turn its homework in early. Or, to paraphrase Winston Churchill, they will ultimately “do the right thing, after they have exhausted all the other possibilities.”

It's also worth noting that passing a CR is only one problem, as Congress will still need to finalize funding for FY 2025 at some point. In addition, depending on the outcome of the election, we expect either a very active or very quiet lame duck session. If either party sweeps, expect them to try to stall as much as possible into 2025 so they can exert more power over forthcoming legislation. But, if government remains divided in any way, we expect members to try to put a bow on as much legislation as possible before handing over the keys to the next Administration. Regardless, between now and the end of the year, we expect additional action on the National Defense Authorization Act (NDAA) to fund the military.

We also expect at least an extension of the Farm Bill, which authorizes funding for the country’s agricultural programs, including nutrition assistance programs such as the Supplemental

Nutrition Assistance Program (SNAP), formerly known as Food Stamps. While funding for the Farm Bill lapses at the end of September, Senate Agricultural Committee Chair Debbie Stabenow (D-MI) has indicated there is some runway for funding through the end of the year. Additionally, the Michigan Democrat is retiring at the end of the year and has said she wants to get a full bill done, not just an extension. Similar sentiments have been shared by House Agriculture Committee Leadership, so it’s possible the Committee staff can come together during the coming months and draft a bipartisan bill for release before the end of the year. While it may be a long shot, members may feel they have some breathing room once the elections are behind them, at which point, anything can happen.

All that to say, the next few weeks and months will be a mad dash of legislating, a break for more campaigning, and another mad dash to the end of the year. And, as always, we will ensure EMA and its members are well positioned as each of these actions come together.

EMA Urges

Congress to Delay CTA Filing Deadline

Earlier this week, EMA joined over 100 organizations in support of Rep. Zach Nunn’s (R-IA) bill urging the Treasury Department to delay the

filing deadlines of the Corporate Transparency Act (CTA). Nunn’s bill, H.R. 9278, is bipartisan legislation designed to delay that Corporate Transparency Act’s year-end filing deadline by one year. The House sponsors are optimistic about securing a vote on the bill in the coming weeks, which would put additional pressure on the Senate to act.

As a reminder, under the CTA, companies must disclose the identities and other information about anyone who owns a stake of at least 25 percent or exercises significant control over the company. Existing companies have until the start of 2025 to file their disclosures.

The CTA was designed to help law enforcement prevent money laundering by requiring shell companies to report information regarding their beneficial owners (BOI) to the Department of the Treasury. The law, however, defines a shell company as any legal entity with 20 or fewer employees or $5 million or less in revenues – in other words, every small business in the United States. The concept of beneficial owner is broadly defined as well, and includes owners, senior management, members of the board and any employee or outside consultant exerting significant control over the businesses’ operations.

Covered entities must report and regularly update the personal information of their “beneficial owners” to the Treasury Department’s Financial Crimes Enforcement Network (FinCEN) or face significant fines and jail time. As a result of this broad sweep, FinCEN expects to collect over 32 million submissions just this year, with an additional five million annual submissions thereafter. Multiply 32 million by the number of beneficial owners per entity, and it becomes apparent that the CTA reporting regime is likely the biggest data collection regime in the history of

the federal government outside of the tax code.

Earlier this year, a U.S. District Court judge in Alabama ruled that the Corporate Transparency Act (“CTA”) Beneficial Ownership final rule is unconstitutional because it “exceeds the Constitution’s limits on the legislative branch” and fails the “necessary and proper” test. The plaintiffs in this case, the National Small Business Association and one of its members, sued in November 2022, seeking a permanent injunction against the implementation of the CTA reporting rules. For now, however, the injunction only applies to the plaintiffs in the lawsuit. All other reporting companies (who are not plaintiffs in this case) are still bound by the CTA and should continue to comply for now.

The one-year delay of the CTA’s filing deadline would 1) allow the court process begun with the decision in National Small Business Association v. Yellen to work its way through the Appellate and Supreme Courts, 2) be consistent with congressional intent to give covered entities two years to comply with the CTA’s reporting requirements, and 3) provide the business community and the Financial Crimes Enforcement Network (FinCEN) additional time to educate millions of small business owners regarding the new reporting requirements and the onerous penalties resulting if they fail to comply.

September 13, 2024 Inside the Beltway Update

As Congress returned from its extended summer recess this week, several pressing issues could shape the energy marketing industry’s future in the months ahead.

First on the docket is the passage of a Continuing Resolution (CR) to prevent

a government shutdown, with the fiscal year ending on September 30.

Lawmakers must approve a stopgap measure to keep government operations running. House Republicans have proposed a CR that extends into 2025 and have attached the SAVE Act, which would require proof of citizenship to vote. This proposal faces significant opposition from Senate Democrats and the White House. While a shutdown seems unlikely, the usual brinkmanship is expected. As Churchill famously quipped, Congress tends to “do the right thing, after they have exhausted all other possibilities.”

Once the CR is settled, the broader Fiscal Year 2025 funding battle will continue. The outcome of the elections in November could dictate whether Congress addresses appropriations swiftly or punts the issue into 2025, allowing a newly configured Congress to exert greater influence.

Beyond these legislative battles, Congress will also have to address the expiration of the Farm Bill, a critical measure that supports agricultural and nutrition programs, including the Supplemental Nutrition Assistance Program (SNAP). While an extension is likely before the end of the year, Senate Agriculture Committee Chair Debbie Stabenow (D-MI) is pushing for a comprehensive bill, leaving some room for more significant action postelection.

One piece of legislation with significant implications for our members is the Credit Card Competition Act. This bill aims to increase competition in the credit card market by allowing retailers to choose between multiple networks to process transactions, with the goal of reducing swipe fees. Unfortunately, despite bipartisan support, it is unclear if it can gain enough traction to pass during the upcoming lame-

duck session as a few Senators have blocked action on the bill. Again, the lame duck session provides the best chance to get the bill over the finish line and EMA will continue to actively push this legislation because the burden of high swipe fees remain a challenge for small business owners, particularly in the fuel and convenience sector.

Meanwhile, the Transportation Security Screening Modernization Act is another key piece of legislation in the pipeline. Despite bipartisan support, its path forward remains unclear due to the crowded legislative agenda and competing priorities. While there is broad recognition of the need to streamline screening processes, it also remains to be seen whether this bill will advance before the end of the 118th Congress. As with other measures, much will depend on the post-election legislative environment.

Finally, the National Defense Authorization Act (NDAA), a perennial piece of must-pass legislation, is still on the table. The NDAA not only funds the military but could also serve as a vehicle for other legislative priorities. With limited time before the end of the session, Congress will need to decide whether to focus on these essential bills or risk kicking them into next year’s calendar.

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) 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. Senators have also urged the Treasury Department to finalize

its guidance in a way that ensures the credit supports domestic biofuel production. EMA, along with several trade groups, have asked Congress to extend the biodiesel blender’s tax credit for at least another year to give impacted industries market certainty. As we approach the November elections, the next few weeks promise to be a mixture of high stakes legislating and political maneuvering. EMA will continue to monitor these issues and advocate for policies that support the energy marketing sector. From potential tax changes to regulatory rollbacks, there’s a lot at stake.

Inside the Beltway – September 20, 2024

Stop us if you’ve heard this before, but we’re 10 days from the end of FY 2024 and, at this point, we’re again facing the possibility of a government shutdown. Earlier this week, House Republicans attempted to pass a doomed 6-month Continuing Resolution (CR) that included the election-related SAVE Act, which would require proof of citizenship for individuals to register to vote. This vote failed for a few reasons. First, roughly a dozen House Republicans will never vote for any CR. Second, at this time, you must be a citizen to vote, so the SAVE Act was too big of a partisan pill for some swing-district Republicans to swallow. Since the CR vote failed, House Appropriators have started the process for a relatively clean CR that would extend funding to December 13 and, in all likelihood, Democratic votes will be needed for passage. A clean CR is expected to sail through the Senate and move to President Biden’s desk for signature. But there is a catch. Former President Trump has urged repeatedly for Congressional Republicans to oppose any funding bill that does not include the SAVE Act—a risky maneuver considering it would

trigger a government shutdown a month before the election. Still, he has a significant amount of influence, so nothing is over until it’s over.

Aside from working to avert a potential government shutdown, with 46 days to go, both chambers of Congress are preoccupied with political show votes. In the Senate, Democrats forced Republicans to kill legislation protecting in vitro fertilization (IVF) and House Republicans forced a vote on a resolution to repeal the EPA’s tailpipe rule using the Congressional Review Act (CRA). While the bill passed the House, given the Democratic leadership in the Senate and the White House, it is unlikely to go anywhere else. Still, it is indicative of actions Congressional republicans may take if they control both chambers of Congress in January.

And while Congress is largely preoccupied with funding the government and partisan politics, the Biden Administration is working to churn out as many rules as it can before staff turn their ID badges over to the next Administration. To that end, on Wednesday, the Department of the Treasury issued a Notice of Proposed Rulemaking that would provide up to $1,000 for individuals and $100,000 for businesses for each EV charger they install. If finalized in its current form, this rule would provide significant credits to offset the costs of installing multiple chargers. More details in the next article on this issue.

In the coming weeks, we expect Congress to pass a short-term CR that funds the government past the election (despite President Trump’s objections), and once that is completed, we expect members will depart Washington and get back to the campaign trail. While the election heats up, EMA will continue meeting

with Congressional staff to set the table for a quick start to the next Congress and/or the unlikely scenario of a busy Lame Duck session postelection.

This week EMA joined like-minded associations in a letter of opposition of the RECHARGE Act (S. 4989) to Majority Leader Schumer and Minority Leader McConnell. The bill would allow electric vehicle (EV) charging on the Interstate right-of-way (rest areas), which would undermine small, family owned and operated businesses along the interstate highways by repealing the ban on privatizing and commercializing Interstate rest areas.

Many off-highway businesses have already invested in EV charging stations, and others are in the process of working with their state departments of transportation to install EV charging stations at locations along the Interstate. They are also considering investing in a variety of other clean fuel technologies. Businesses’ desire to invest in these alternative fuels will be unmistakably diminished if EV chargers are permitted at Interstate rest areas. Beyond undermining private investment in EV charging stations, permitting alternative refueling infrastructure at rest areas or on the Interstate right-of-way would inevitably lead EV users to demand additional relaxations of the commercialization ban so they could purchase food and beverages at rest areas while they charge their vehicles.

EMA Urges Congress to Oppose RECHARGE Act