January 30, 2015

Dear NJGCA Member:

Thank you for reading this week's NJGCA Road Warrior!

Here is what you will find in this edition:

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EXECUTIVE DIRECTOR'S MESSAGE: GREETINGS & SAL-UTATIONS! 

CONSUMERS PREFER INDEPENDENT SHOPS TO CAR DEALER SERVICE
PROPOSAL LETS WORKERS STAY HOME IN STATE OF EMERGENCY
TOBACCO TAXES COULD LIVE AGAIN -- FIGHT NEVER DEAD IN TRENTON
LABOR ISSUES: MINIMUM WAGE, PAID SICK LEAVE, OVERTIME PAY
POTENTIAL SECURITY THREATS TO ATGs (VEEDER-ROOT SYSTEMS)
REMINDERS: LOTTERY SURVEY AND GENERATOR GRANT APPLICATION
NJ SUPREME COURT ENVIRONMENTAL RULING
GASOLINE SALES TAX? QUIET THIS WEEK! BUT…STAY TUNED

Just like last week, I have a lot of things to share with you, and I want to touch on a bunch of topics, briefly, just so that you all are informed and updated.

I saw an interesting report this week from Consumer Reports, which I wanted to share because it is good news for all private repair shops and it certainly will be valuable during our continued efforts to pass Right to Repair in NJ this year. Consumer Reports' annual auto survey revealed that subscribers found that independent repair shops outscored dealerships, once again, for overall satisfaction, price, quality, courteousness of the staff, and work being completed on time. With very few exceptions, the entire list of independent shops got high marks on those factors. The same could not be said for new- car dealerships.
 
Last week, I discussed a bill recently introduced in NJ, which would allow employees to stay home when the Governor declares a State of Emergency.  Although the employee would not receive compensation for the day, the day would not be subtracted from the employee's vacation, sick or personal time, and the employee would be safe from retribution or any negative reaction by the employer as a result of his/her decision to stay home from work in a State of Emergency.  This is especially relevant now, as we just experienced a State of Emergency for Winter Storm Juno. As you all know, the storm was not nearly as severe as was originally forecasted, and there were many instances in which the roads were clear and passable, and businesses were open, yet your employees would have been free to stay at home, if this proposal were already law. I will continue to keep you updated on this bill's progress in Trenton. 
 
As you all know, last year NJGCA successfully defeated the efforts to raise taxes on e-cigarettes and cigars. However, it is possible that the fight could come up again this year as we approach Budget season. For this year, I believe that most of the Legislature and the Governor are fixated on the Motor Fuels Tax and the Transportation Trust Fund deficit but my eye is always on the tobacco tax issues. I constantly monitor the chatter in Trenton and worry that renewed efforts will come up year after year to increase these taxes and harm your business.  Recently, I saw that the Governor of Kansas, a Republican, has proposed to raise the state's cigarette tax to $2.29 a pack, which would be a $1.50 increase over the current level of $0.79 a pack.  This jump would amount to an almost 200% increase in the tax rate.  If that doesn't scare you, I don't know what will. You can bet that I'll be working hard each day to prevent this kind of proposal from becoming a reality in NJ.
 
In addition to tax issues, I'm also constantly fighting labor-related proposals and regulations which threaten to harm your business.  For example, just last week, President Obama gave his State of the Union speech. He spoke about strengthening three employee-protections: paid sick leave for workers, an increase in the minimum wage, and ensuring that workers who should get overtime pay actually get it. As you know, paid sick leave and minimum wage are issues that we have had to fight on a State level this year. You all obviously know that the minimum wage increased in NJ on January 1, 2015, and it will continue to increase each year according to the Consumer Price Index. So far, we have been successful in preventing the NJ Legislature from passing mandatory paid sick leave, but many municipalities have gone ahead and passed their own ordinances.  
 
As it relates to overtime, Obama said, "We still need to make sure that employees get the overtime that they've earned."  The Department of Labor is working on a proposed rule that could revise the categories of workers that are entitled to receive overtime pay when they work more than 40 hours a week. The DOL and White House plan to scrutinize gas station employees who have traditionally been classified as managers and, as a result, are exempt from current, overtime pay requirements.
 
Now, I'd like to pass along a brief warning that I received about potential security threats to your Automatic Tank Gauge systems, like Veeder-Root. Just like all things that operate off a computer or communicate electronically to transmit data, we have been receiving warnings that your ATGs could be subject to hacking. I am still learning more, but at first glance it seems that many small businesses are networked to access their gas station's accounting system and record-keeping software remotely, which makes sense, as I'm sure many proprietors prefer to do their bookwork at home. If your remote ATG access is not password protected, it leaves the door wide open for hackers to manipulate your inventory, especially if a third party is monitoring your system to control automatic fuel deliveries. As I learn more, I will report to you, but for now, make sure that any system you are using is password protected.
 
TWO QUICK REMINDERS:

The lottery survey will be sent out again on Monday. Last week I discussed how important this survey is, and asked that you take it seriously because the NJ Lottery Commission has specifically asked for YOUR input.  At this time last year, I sent out a survey with regards to the self-serve issue and hundreds of you came out of the woodwork and replied. I'm curious why I can't seem to inspire similar results with this survey.  Please help me help you!
 
The NJ Generator Grant Program is now accepting applications again. If your station has 18,000+ gallons of gasoline storage capacity AND sells diesel, you are eligible for up to $15,000 to install a quick connect, power transfer switch. All information about the program, including the application, can be found HERE.  Please contact Jacy at 973-376-0066 or jacy@njgca.org with any questions or concerns.
 
Finally, I learned yesterday that the NJ Supreme Court ruled that there is no statute of limitations in environmental cases that seek to recover costs and damages.  That may be good news for some while it is bad news for others.
 
This means that dealers who have contamination on their property that dates back many years to an earlier time when maybe the property was previously owned by an oil company or a supplier, can now pursue legal action to recover clean-up costs from those responsible for the contamination. They will no longer be blocked because too much time has passed from when the contamination may have occurred. NJGCA has been presented with several of these cases in recent years, and we recommend several law firms who have great knowledge and experience in dealing with long-term environmental cases. If you think that you may be eligible to take some sort of legal action, please contact me and I will make certain that you get to speak with the appropriate lawyers.

That's all for now!  Thanks for reading -- See you next week!

Regards,
Sal Risalvato
Executive Director

TRAINING CLASSES!!
-ALL CLASSES WILL BE HELD AT NJGCA HEADQUARTERS-
66 Morris Avenue - Springfield, NJ 07081 (Union County)

FUTURE CLASSES WILL BE ADDED UPON REQUEST AND ACCORDING TO DEMAND. CONTACT DEBBIE at 973-376-0066 or DEBBIE@NJGCA.ORG TO LET HER KNOW YOU ARE INTERESTED IN TAKING A SPECIFIC CLASS.  THIS WILL ALLOW US TO GAUGE YOUR NEEDS AND KEEP TRACK OF THOSE WISHING TO PARTICIPATE!!

CLASSIFIEDS! -- FOR SALE & HELP WANTED ADS 

Do you have a business for sale?  Are you looking for a new location or opportunity?

• NJGCA regularly assists members looking to sell their business by getting the word out. Since everyone reading this message is involved in the small business gasoline retail, convenience store, and automotive repair trades, it is an ideal medium to connect with interested buyers and prospects!

NJGCA also helps members sell equipment by placing ads in the Road Warrior!

• If you'd like to list equipment for sale, or have an open position you'd like to make other industry professionals aware of, please contact NJGCA at 973-376-0066 and let us help you get the word out! 

NEWS AROUND THE STATE: THE NEWS YOU SHOULD KNOW

1/25/2015:
Declining Gas Tax Revenue Has CA Lawmakers Considering Mileage Tax Plan
With an increase in electric and hybrid vehicles along with more fuel-efficient vehicles, changing Bay Area driving habits are posing a serious problem for state coffers. As motorists use less and less gas, gas tax revenues to pay for state highways, roads and bridges shrink. Meanwhile, as gas prices fall, so does the sales tax generated by fuel sales.  In California, gasoline is subject to a 2.25% sales tax, and a 9.67% tax is collected on diesel. Some state lawmakers feel that a mileage tax is the best solution.  To pay for the shortfall, California officials are considering a plan that would replace California’s gas tax with a fee for each mile that motorists drive. Drivers who log the most miles will end up paying the most, no matter how fuel efficient their car is.  In 2003, revenue reached $2.3 billion.  In 2013, it was $2.62 billion.  Governor Jerry Brown says there is a $59 million backlog on highway maintenance. The plan has supporters and detractors across the political spectrum. The current state gas tax has remained at 36 cents a gallon since 1994. The federal gas tax has been 18.4 cents a gallon for more than 20 years.
 
1/23/215:
Plans Launched for 'Corridors' of Electric Charging Stations
Volkswagen of America and BMW of North America are joining forces with the electric-vehicle charging network ChargePoint to create a new charging corridor on the East Coast and another on the West Coast, the companies announced yesterday.  This project is expected to establish almost 100 new public charging locations by the end of 2015, they stated. In the East, the corridor will run up Interstate 95, from Washington, D.C., to Boston. In the West, the corridor will cover and connect the metro areas of San Diego, Los Angeles, San Francisco, and Portland, Ore. The companies asserted that the maximum distance between charging locations in these corridors will be 50 miles, and the stations are expected to be installed in convenient locations such as rest stops, shopping centers and restaurants. Both Volkswagen and BMW have electric vehicles on the market. VW's e-Golf can get up to an estimated 83 miles per charge, and the BMW i3 can get up to 81 miles per charge, according to the companies' respective websites. There are currently 9,013 public charging stations for electric vehicles in the United States, with 22,413 outlets, according to the Department of Energy's Alternative Fuels Data Center.
 
1/22/2015:
Independent Shops Outscore Dealer Service in Satisfaction Survey
Independent repair shops have once again outscored service centers in franchised new-car dealerships, according to a Consumer Reports survey. The latest report found that independents received higher average scores for overall satisfaction, price, quality, staff courteousness and timeliness. Tesla Motors was the one exception to the trend, though the magazine cautioned that the high score could be difficult to maintain as the company continues to grow and introduce new vehicles.  Luxury brands held the top ranks among franchise repair centers, with Buick and Lincoln holding the second and third spots behind Tesla, respectively. Cadillac, Lexus and Porsche rounded out the top five. The survey was based on responses from owners of more than 121,000 vehicles.

MEMBER BENEFIT PARTNER MESSAGE BOARD:

TMP Energy Solutions
Another Way to Save on Your Energy Bills

We have had a number of NJGCA members successfully reduce their rate per kWh signing up through our energy saving program. We know it's difficult to collect 12 months worth of previous electric bills to get an "accurate" analysis when comparing a variable rate to a fixed rate, but we now have another option available. 

This new solution is a power purchase option; the other program is still in full force and has saved members thousands of dollars. If you sign up for the power purchase option, you will be grouped with other NJGCA members until the minimum KW demand is acquired. By pooling the member's usage together, you will be able to take advantage, as large energy users do, and receive a lower kWh rate.

Each member will receive their own contract. Each member is responsible to sign and return the agreement the day it is received in order to secure the price for their group.

Please do your due diligence, so when you receive the proposal and the agreement you will be able to make an intelligent decision.

If by chance, you still want us to assess you bills, to give you a price to compare, we will require12 months of your most recent utility bills.

There are no bills required, but we would still like to have one bill per meter on file to check account #'s, meter #'s  service addresses and other pertinent information incase there is a problem.

The term of the agreement is for 12 months. During this term period, you will have price protection against any energy price increases along with a low fixed kWh rate.

If you are interested in becoming part of this power purchase option, please contact Greg Cannon at the NJGCA.

Remember when you sign up your energy through the NJGCA Energy Program, TMP makes a considerable donation to the NJGCA Scholarship Fund through their proceeds. This has no affect on your rate, and costs you nothing out of pocket.

We hope to help hundreds of NJGCA members reduce their utility costs by participating in this and our other cost reduction programs.  Our purpose, in the endeavor, is to help NJGCA members lower their energy costs while supporting the NJGCA Scholarship Fund. 

Contact GREG CANNON at 973-376-0066 or email Greg at greg@njgca.org. Mention that you are interested in saving money on your energy bills. NJGCA & TMP Energy Solutions will handle all the rest.