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April 25, 2019

Dear NJGCA Member:

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

Here is what you will find in this edition:

EXECUTIVE DIRECTOR'S MESSAGE:

• Speedway Case Update; NJGCA New Course for All Levels of Technicians; Minivan Giveaway

NJGCA CLASSIFIEDS
- Mercer County: Gas Station for Sale
- Monmouth County: Gas Station and Repair Shop Business Since 2001

NEWS AROUND THE STATE

• New York, New Jersey Governors Cut Deal on Congestion Pricing
• 1 Big Thing: Trump Gambles On Iran As 2020 Looms
• California Proposal to Tax Soda Pushed to Next Year
• On Earth Day, Cuomo Signs Plastic Bag Ban Into Law
• N.J. Medical Marijuana Patients Win Huge Protections From Being Fired For Flunking A Drug Test

TRAINING CLASS SCHEDULE!

??????• ENTIRE EMISSION REPAIR TECHNICIAN PROGRAM: May 1, 8, 15, 22, June 5, 6, 12, 13, 19, 20, 26
??????• RECERTIFICATION EMISSION REPAIR TECHNICIAN PROGRAM: May 1, 8, 15, 22

MEMBER BENEFIT PARTNER MESSAGE BOARD
• The Amato Agency: Garage Insurance and Workers Compensation!
• ATS Environmental: Confidence in your Tank & Compliance Testing
• Bellomo Fuel: Exceptional Service, Aggressive Petroleum Marketing
• CBIZ Insurance: Our Business is Growing Yours!
• Gill Energy: Getting you There!
• Lending Capital: "Commercial Loans Made Easy" Program
• Salomone Brothers: Tank Testing and Environmental Compliance
• TMP Energy Solutions: Another Way to Save On Your Energy Bills

POLITICAL PARTICIPATON: THE NJGCA PAC
• Participate in the NJGCA PAC today and help us keep our Agenda rolling in Trenton!

Energy Information Agency Weekly Retail Gasoline Prices

JOIN NJGCA ON FACEBOOK -- CLICK HERE
TO SEE OUR YOUTUBE CHANNEL -- CLICK HERE
FOLLOW US ON TWITTER-- CLICK HERE

EXECUTIVE DIRECTOR'S MESSAGE:

SPEEDWAY CASE UPDATE
NJGCA NEW COURSE FOR ALL LEVELS OF TECHNICIANS
MINIVAN GIVEAWAY

Hi all! I know we said last week that there would not be a Road Warrior this week, but we do have some important news to share with our members:

SPEEDWAY'S BELOW COST SELLING LAWSUIT

As you will remember, Speedway filed suit in 2017 after they were cited for selling their gasoline below cost. They claimed that they should not be fined because the law banning below cost sales was actually unconstitutional, and the courts should throw it out. The first judge to hear the case decided that Speedway's lawsuit did not have merit and dismissed it. Speedway appealed their decision. We last updated you on this issue in December, when NJGCA and a few members had attended oral arguments for the below cost selling lawsuit at the Newark appellate court. We notified you all that it could be months before we hear of a decision, and on Wednesday we learned that the appellate court decided to uphold the lower court’s ruling on below cost selling. Frank Brennan, who represented NJGCA and the Fuel Merchants Association in filing an amicus brief supporting the law, put together a brief summary on the case and the importance of this ruling below:

On April 24, 2019, the New Jersey Appellate Division issued a decision upholding New Jersey’s law prohibiting the below cost sale of motor fuel. The Court’s decision is 26 pages long and completely validates and showcases the NJGCA’s legislative efforts over many decades in support of this important law that protects small fuel operators in New Jersey against predatory sales practices by large corporate fuel retailers.

In 2017, Speedway LLC filed a Complaint against the State of New Jersey seeking to have the below cost sales prohibition statute overturned and declared unconstitutional. The NJGCA combined forces with the Fuel Merchants Association of New Jersey (“FMANJ”) and filed an AMICUS or “Friend of the Court” Brief with the Appellate Court in opposition to Speedway’s challenge to New Jersey’s law prohibiting the below cost sale of motor fuel.

Enacted in 1938, New Jersey’s law prohibiting the below cost sale of motor fuel is designed to protect against predatory sales practices and promote fair competition by preventing large fuel retailers from using their vast resources to a competitive advantage by reducing fuel prices below cost and driving out competing small service stations, only to later increase fuel prices after eliminating the competition to the detriment of the public. In the past, large corporate retailers, such as Speedway, have attempted to amend or repeal the below cost sales prohibition in the legislature with vigorous lobbying efforts.

The legislative history of the over 80-year old law prohibiting the below cost sale of motor fuel and the legislature’s prior rejection of attempts to challenge the law prohibiting the below cost sale of fuel, which was due in very large part to NJGCA’s successful lobbying efforts, was a critical factor cited by the Appellate Division in its decision upholding New Jersey’s law!

NJGCA will continue to work, both in the legislature and the courts, to uphold and maintain New Jersey’s laws against predatory sales practices, and fight for its members against unfair business practices.

Speedway is still able to appeal this decision to the NJ Supreme Court (they certainly have the money to waste); but the lengthy and thorough ruling issued by the court yesterday means they have a massive uphill battle if they decide to go forward.

We thank our friends at the Fuel Merchants Association of New Jersey who were partners in this effort both in the legal defense and legislatively; which helped the courts rule in our favor. We would also like to thank Frank Brennan and his team at Brennan Law Firm for their excellent work on this.

NJGCA TECHNICAL COURSE

I wanted to send another reminder to our members about the technical course we will be offering in June. This course is intended for all technician levels (A,B, and C) and will be taught by the experienced and highly qualified instructors at East Training. Again, these are technical courses, this is not a seminar! The course, Enhanced DVOM Diagnostic Strategies will be offered in two night increments. The first course for North Jersey members will be June 5th and 6th in Ridgefield Park at Westview Service and hosted by NJGCA Treasurer Tim Arata. The second will be June 12th and 13th in Forked River at Lacey Auto Care hosted by member Rich Ritchie. Click HERE to see the flier which lists both sessions and location addresses, and click HERE to register for the event online. If you are interested in attending, make sure you register early; space is limited!

MINIVAN GIVEAWAY

NJGCA member and Board Vice President Joe Ocello recently announced an incredible opportunity to help a family in need. Do you know of a family that could benefit from having a minivan? If so, please send your submissions to info@joestowingpitcrew.com with your contact information and a brief description of the family before May 15th. Joe and his team at Joe’s Towing and Auto/Pit Crew Lube will pick a winner and will give the car away May 25th. For more information, see their Facebook page.

That's all for this week, back to your regularly scheduled programming next week with Sal.

Michelle Horowitz
Communications Director

TRAINING CLASSES
All classes held at NJGCA HQ -- 4900 Route 33 West, Wall Township, NJ 07753

Want to become an emission repair technician/facility?
Entire Emission Technician Education Program (ETEP) Training Classes
Sections 1-7
1 PM to 9 PM
May 1, 8, 15, 22
June 5, 6, 12, 13, 19, 20, 26

Sections 8, 9, 10 (RECERTIFICATION)
1 PM to 9 PM
May 1, 8, 15, 22

Stop turning away work!

The New Jersey Inspection Program requires vehicles that fail emissions inspection to go to a Licensed Certified Emission Repair Facility and have a Licensed Emission Repair Technician perform the repairs! When the new Emissions Inspection program begins, a list of Certified Emission Repair Facilities will be given to the vehicle owners who fail the New Jersey Emission Inspection. If you want your business name on the list – make sure you have a Certified Licensed Emission Repair Technician and you are licensed as a Emission Repair Facility! Those signing up for the FULL training course will attend sections 1-10. Full ETEP class fees for members are $2,195 and non-members are $2,395. Recertification fees for members are $729 and non-members are $879. Note for Spring 2018 classes: Recertification dates will be held FIRST, with sections 1 to 7 to follow.

Click here for FULL ETEP REGISTRATION FORM
Click here for ETEP RECERTIFICATION FORM

FUTURE CLASSES WILL BE ADDED UPON REQUEST AND ACCORDING TO DEMAND. CONTACT DEBBIE at 732-256-9646 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

FOR SALE:

Business For Sale: Monmouth County gas station and repair shop in business since 2001 is for sale. Owner is relocating out of state and is interested in selling business and equipment. Owner is open to limited financing. Business has a strong 10 year lease. The building has two repair bays and the gas pumps are leased to a large independent tenant. Repair shop business currently employs a Manager and two full-time Technicians. For inquiries and more info, please call Mark at 908-670-7798.

NEWS AROUND THE STATE: THE NEWS YOU SHOULD KNOW

4/24/19
New York, New Jersey Governors Cut Deal on Congestion Pricing
New Jersey Gov. Phil Murphy has reached a conceptual agreement with New York Gov. Andrew Cuomo that will ensure the state’s three Hudson River crossings will be treated the same way under a new plan to toll drivers entering Manhattan’s central business district, according to two people familiar with the conversations. Transit advocates interpret the deal to mean all three crossings will be exempted from so-called congestion pricing, which will take effect in Manhattan, south of 60th St., sometime after December 2020. The agreement, which Murphy plans to announce Wednesday afternoon following a meeting with local officials in commuter-rich Bergen County, was struck last week through several discussions between the governors and their staffs.

4/23/19
1 Big Thing: Trump Gambles On Iran As 2020 Looms
The White House is trying to thread a needle: Tighten oil sanctions against Iran without raising energy prices enough to erode the president's political standing. ICYMI, the administration isn't renewing sanctions waivers beyond early May for countries that still buy Iranian oil. "It's a gamble on the part of the administration," oil analyst Ellen Wald tells Axios. “The administration is hoping that either other producers will make up for it, or at least gas prices will fall again before it becomes a political liability," she says.

4/22/19
California Proposal to Tax Soda Pushed to Next Year
Lawmakers won't vote on a soda tax or limit how much can be sold in a single cup this year, marking the latest California victory for the beverage industry. Assemblyman Richard Bloom on Monday delayed his soda tax bill until next year, saying it didn't have enough support to pass. New taxes need support from two-thirds of lawmakers. Earlier, Assemblyman David Chiu pulled his bill to limit soda sales to cups of 16 ounces in restaurants and convenience stores. Both were efforts to crack down on the soda industry and promote public health.

4/22/19
On Earth Day, Cuomo Signs Plastic Bag Ban Into Law
Gov. Andrew M. Cuomo marked Earth Day on Monday by signing into law a measure banning most single-use plastic bags, making New York the third state in the nation to enact a statewide bag policy. The ban, which goes into effect in March 2020, prohibits retailers that collect sales tax, including supermarkets and small businesses, from handing out disposable plastic bags, with a few exceptions.

4/21/19
N.J. Medical Marijuana Patients Win Huge Protections From Being Fired For Flunking A Drug Test
New Jersey workers can’t be fired if they flunk a drug test because they are medical marijuana patients, a state appeals court has ruled. The case is likely to reverberate in workplaces for years to come because a state appeals court says medical marijuana patients — as long as they are not under the influence at work — are protected by the state Law Against Discrimination.

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 require 12 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 732-256-9646 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.

POLITICAL PARTICIPATION: THE NJGCA PAC

DEFENDING OUR MEMBERS.
PROTECTING YOUR INTERESTS.
ANSWER THE CALL & CONTRIBUTE TODAY!!

Promoting our agenda in Trenton is of utmost importance to NJGCA and our members.

However, in order to truly affect the debate, we must ensure our friends in the Legislature are re-elected. It is for this reason that your Association has established the NJGCA PAC.

For too long, the weight of funding our Political Action Committee, the arm of the Association responsible for political donations, has rested upon a few. This is not only unfair to those few members who have shouldered this burden, but means we are not utilizing our full strength to affect the debate in Trenton.

To truly understand the importance of supporting our allies, consider our successes in Trenton:

We defeated BELOW COST SELLING
We made history in getting FIRST RIGHT OF REFUSAL signed into law!
We have built large support for RIGHT TO REPAIR and got it passed out of the Assembly
We defended your small business against the false accusations of Attorney General Anne Milgram
We gained wide support to move New Jersey to an all PIF Inspection System and close the CIF lanes
...and MUCH MORE!!

In each instance, we achieved these goals with the help of our friends in the Legislature!

If every member contributes just $100.00 we will be able to provide the help necessary to ensure victory for our allies.

PLEASE SEND YOUR CONTRIBUTIONS TO:
NJGCA PAC
4900 Route 33 West, Suite 100
Wall Township, NJ 07753
Please make your donation payable to NJGCA PAC

I understand that times are tough for all NJGCA members, but this is just as important as any battle we have fought in the past.

We have made great progress in Trenton. I hope that you will answer the call.

Energy Information Agency Weekly Retail Gasoline Prices

Each week, the Energy Information Administration publishes a list of average gasoline prices for the previous three weeks. NJGCA will begin including this list with the Weekly Road Warrior. Remember, these prices are reflective of self-serve everywhere except NJ.