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March 14, 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:

• Adult Use Marijuana Legalization & Your Business; Self Serve Meetings; Class C Program; Voluntary OSHA Inspections; Hiring and Firing Best Practices Webinars; NJGCA Young Professionals Networking Event; Reminder Again - Community Right to Know Survey

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

NEWS AROUND THE STATE

• FDA Restricts Sales of Flavored E-Cigarettes, Cigars at Retail
• Trump Wants E-Cigarette Companies to Pay User Fees
• Deal To Legalize Marijuana In New Jersey Announced
• Trump Administration Divided Over OPEC Oil Policy
• Diesel Trucks Would Be Nearly Eliminated In California Under Proposed Law
• Carl Heastie Floats Raising State Sales Tax On Gas To Fund Mass Transit
• Labor Department Releases Proposed Overtime Rule
• Tesla Says New Technology Can Recharge a Car in 15 Minutes
• Philadelphia Bans ‘Cashless’ Stores Amid Growing Backlash
• A Global Focus on Autonomous and Electric Cars
• Will NJ Consumers End Up On Hook For Transmission Line To Other States?

TRAINING CLASS SCHEDULE!

??????• EMISSIONS INSPECTOR TRAINING CLASS: April date TBD; June date TBD
??????• ENTIRE EMISSION REPAIR TECHNICIAN PROGRAM: Coming soon, call office for more information
??????• RECERTIFICATION EMISSION REPAIR TECHNICIAN PROGRAM: Coming soon, call office for more information

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:

ADULT-USE MARIJUANA LEGALIZATION & YOUR BUSINESS
SELF SERVE MEETINGS
CLASS C PROGRAM
VOLUNTARY OSHA INSPECTIONS
HIRING AND FIRING BEST PRACTICES WEBINARS
NJGCA YOUNG PROFESSIONALS NETWORKING EVENT
REMINDER AGAIN - COMMUNITY RIGHT TO KNOW SURVEY

MARIJUANA LEGALIZATION

It seems as if the leadership in both the Assembly and Senate have come to an agreement with Governor Murphy on language for the legalization of marijuana. We have not seen the language yet, but I am told that there is nothing in the legislation that will permit you to disqualify a candidate for employment based on a drug test that shows that the candidate for employment is a marijuana user. I expect to have more information by next week, and certainly this is a discussion that we have to have with others in the business community. Certainly, you will be able to terminate or discipline any employee if they come to work under the influence of any substance. The problem with marijuana is this; it is not as easy to detect if an employee is high as it is to detect that they are intoxicated from alcohol. They will be impaired just the same, and I wouldn't want my technician tightening the lug nuts on a customer’s vehicle or even pump gas after he has smoked a joint at lunch. The current version of the legislation will not allow you to carry marijuana products in your stores. They will only be permitted at designated retail locations. I expect we will be holding a seminar or a webinar that will deal with marijuana and how it will pertain to the workplace. Stay tuned.

SELF SERVE MEETINGS

As a reminder, we are scheduling meetings with legislators to discuss removing the states ban on self serve gasoline. Although I received many emails and face-to-face comments from members who are frustrated because NJ does not permit motorists to pump their own gas; so far I am disappointed in the number of members who have agreed to attend meetings with legislators. I am asking once again, to please contact Eric at eric@njgca.org and let him know if you would like to participate in these meetings. Eric will then inform you of meetings we have scheduled, and you can choose the ones you would like to attend.

CLASS C OPERATOR TRAINING

We see a number of you have already registered to use the Class C training. If you have not done so yet, you can purchase the program by clicking HERE. We have already gotten very positive feedback from several members on how useful this is and how easy we have made it to avoid DEP penalties. Again, we recommend certifying all of your employees as Class C’s to instruct your employees on the different alarms and emergencies that may arise at your station, and to avoid costly penalties from DEP. We have had a number of forums with NJDEP over the past few years because these regulations are cumbersome and difficult to understand and remember. We will consistently monitor any education-type events for you to attend and keep yourself freshly educated. DEP will be hosting a free event on March 21st on UST and Vapor Recovery Rules, you can find the details HERE. I expect NJGCA staff will be there as well, as this stuff is as difficult for us as it is for you.

OSHA INSPECTIONS

In the upcoming April On the Road (OTR) newsletter, we will have an article from Justin Baker, Chief of Occupational Health for the New Jersey Department of Labor and Workforce Development. You may remember last year, we introduced Justin to all of you as he works directly with OSHA in a voluntary inspection program. Many of you not only took advantage of the program and had Justin visit your site, but contacted us to let us know how helpful it was. I know that many of you who think you run a very safe shop would probably wind up with infractions if OSHA comes to do an inspection. I am revisiting our effort from last year and encouraging each of you to have a voluntary OSHA inspection where you WILL NOT be cited for the infractions that are found as long as you correct them. Although we will have more pictures in the April OTR newsletter, I am including one here of a common infraction found in auto repair shops:

I have been in many shops that are neat and clean, yet electrical connections and even the permanent use of extension cords would create a violation with OSHA. You certainly shouldn’t have any electrical connections that look like the one pictured here. This is a perfect example of something that Justin and his team can point out that is easily remedied without generating a costly fine.

WEBINARS

As a reminder, we have two webinars we are hosting in the coming weeks on very important topics that you all should attend. Part 1 on Hiring Best Practices will be held on March 20th from 2-3 PM and hosted by Alicyn Craig of McCusker, Anselmi, Rosen & Carvelli (MARC) Law. Part 2 on Firing Best Practices & Difficult Employees will be held on April 3rd from 2-3 PM and hosted by Steven Horowitz of the Horowitz Law Group. You can register for both of these webinars (and I strongly suggest you register for both) by clicking on each link. We are making these resources available to you to prevent you from facing fines and potential lawsuits, please take advantage of the tools we provide to help you avoid these very costly violations.

YOUNG PROFESSIONALS

For those of you who have young professionals working for your business or know of young professionals looking to network, our young professionals group will be hosting another event in Saddle Brook at the Plank Pizza Co. on March 21st at 6 PM. The event will be $25 per person. You can register to attend the event by clicking HERE. Please email Michelle at michelle@njgca.org if you or someone you know of may be interested in attending, or you are interested in sponsoring the event.

COMMUNITY RIGHT TO KNOW SURVEY

Repair shops pay attention here. Please note that Community Right to Know surveys are due at the end of March 2019. Last year, we updated the Community Right to Know guidance document to include motor oil and antifreeze. You can find that document HERE.

That's all for this week-

Sal Risalvato
Executive Director

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

Emissions Inspector Training Class - One Day Only!
April & June date TBD -- 7 AM to 3 PM

Want one of your technicians to become a NJ Emissions Inspector? We can help! Our one-day class will provide all the information for becoming a NJ Emissions Inspector, and the State will administer the written test the very same day at our offices! Classes run from 7:00am to 3:00pm. Cost is $275 for members. March date coming soon.

Want to become an emission repair technician/facility?
Entire Emission Technician Education Program (ETEP) Training Classes
Sections 1-7
1 PM to 9 PM
Exact dates coming soon!

Sections 8, 9, 10 (RECERTIFICATION)
1 PM to 9 PM
Exact dates coming soon!

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.

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

NEW!
FOR SALE:
GAS STATION FOR SALE
EWING NEW JERSEY
OWNER RETIRING
CALL: 609-882-1105

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

3/14/19
FDA Restricts Sales of Flavored E-Cigarettes, Cigars at Retail
Yesterday, the U.S. Food and Drug Administration (FDA) effectively banned gas stations and convenience stores from selling most flavored electronic cigarettes under its new draft guidance, “Modifications to Compliance Policy for Certain Deemed Tobacco Products,” the Wall Street Journal reports. The restrictions will likely be finalized and implemented over the next few months. Brick-and-mortar retailers will be unable to sell flavored e-cigs other than tobacco, menthol or mint unless minors are restricted from entering the store or if those items are sold in a separate location in the store that minors are prohibited from entering. Websites selling flavored vaping products must utilize third-party age-verification and halt bulk purchases.

3/13/19
Trump Wants E-Cigarette Companies to Pay User Fees
The Trump administration wants the e-cigarette industry to pay $100 million a year in user fees to underwrite regulatory oversight by the Food and Drug Administration, the Washington Post reports. While several other types of tobacco products, including cigarettes, cigars and snuff, are subject to similar fees, e-cigarettes are not. This fiscal year, the agency is expected to collect an estimated $712 million in user fees, with cigarettes providing more than 86% of the total. According to administration insiders, the user-fee proposal for the e-cigarette industry would ensure that the FDA has the resources to address the rise in underage e-cigarette use, in addition to any new public health threats that may come along. Opponents of the fees argue that the a “user fee” is actually a tax.

3/12/19
Deal To Legalize Marijuana In New Jersey Announced
The big three – Gov. Phil Murphy, Senate President Steve Sweeney and Assembly Speaker Craig Coughlin – today announced an agreement what was described as the broad outlines of a bill that would legalize marijuana use for adults in New Jersey.

3/11/19
Trump Administration Divided Over OPEC Oil Policy
Trump administration officials are divided over legislation that would allow the federal government to sue OPEC nations for attempting to control oil prices, Axios has learned.
The bipartisan measure, which has been introduced many times over the last 20 years, finally has a shot at becoming law — which experts say would upend global oil markets. President Trump has long been critical of the oil-producing group and years earlier backed the bill in question, but division is rampant elsewhere across the government, according to several people familiar with the dynamic. Goldwyn, now president of his own consulting firm, says the policy has the makings of everything Trump likes, including expanded executive branch power and a chance to show off America’s energy dominance. “If he gets it, he’ll sign it. If someone asks him, he’ll say yes,” Goldwyn said.

3/8/19
Diesel Trucks Would Be Nearly Eliminated In California Under Proposed Law
A proposed law that would phase out diesel trucks in California was introduced Friday in an ongoing effort by state legislators to control pollution and greenhouse gas emissions, but it will likely face major opposition from trucking companies and other businesses that transport products in big rigs. The bill, by state Sen. Nancy Skinner, D-Berkeley, would direct the California Air Resources Board to require a 40 percent reduction in diesel emissions by 2030 and an 80 percent reduction by 2050, cuts that experts say would not be possible without a major overhaul of the trucking industry.

3/8/19
Carl Heastie Floats Raising State Sales Tax On Gas To Fund Mass Transit
Warning that congestion pricing is not a sure bet, Assembly Speaker Carl Heastie on Friday floated another idea to help fund mass transit also certain to infuriate motorists — raising the state sales tax on gasoline. “It’s an option,” Heastie said at a Crain’s New York breakfast in Midtown. He later told reporters he was merely citing “an example” of revenue sources other than congestion pricing that could be used for upgrading the subways. The state’s sales tax on gasoline is currently capped at 8 cents a gallon — or 4 percent on a maximum of $2.

3/7/19
Labor Department Releases Proposed Overtime Rule
On March 7, the U.S. Department of Labor (DOL) released its proposed update to the “white collar” exemption, also known as the overtime rule. In 2016, the Obama Administration proposed and finalized dramatic changes to the overtime rule, which doubled the salary threshold under which all salaried employees must be paid overtime. That rule was ultimately invalidated by a federal court in Texas prior to implementation, necessitating this move by the current DOL. The new proposal seeks to move the salary threshold from $455 per week ($23,660 annualized) to $679 per week ($35,308 annualized). This amount is slightly above adjusting the current salary threshold for inflation, roughly $33,000 annualized.

3/7/19
Tesla Says New Technology Can Recharge a Car in 15 Minutes
Tesla Inc. is updating its charging network to halve typical wait times as the Model 3 fleet grows and challengers such as Porsche ready their own infrastructure. By doubling power at Tesla’s stations and preheating vehicle batteries ahead of arriving at a plug, charging times will drop to around 15 minutes, the electric-car leader said on its blog. The V3 Supercharging network, which will roll out through the end of the year, will allow twice as many cars each day to charge.

3/7/19
Philadelphia Bans ‘Cashless’ Stores Amid Growing Backlash
In a sign of the growing backlash against “cashless” stores around the country, the City of Philadelphia will require retailers to accept legal tender starting this summer. Retail outlets that have stopped accepting cash say it is faster and easier for their employees to process digital payments. But critics say the practice discriminates against people without bank accounts or credit cards, or who simply prefer to pay cash.

3/7/19
A Global Focus on Autonomous and Electric Cars
Self-driving vehicles tested in Pittsburgh must immediately report any crashes that cause injuries as part of new guidelines announced by the city this week, according to The Herald-Whig. The goal is to boost public confidence in testing after an accident in Arizona last year left one pedestrian dead. Pittsburg was working on testing guidelines before an Uber test vehicle hit and killed the pedestrian on March 18, 2018, in Tempe. . .Under the guidelines, companies have three days to report crashes resulting in any damage. In addition, companies must provide more information to the city than the state currently requires, such as requiring each tester to report total miles, even when in manual mode. Testing companies also must submit reports twice a year to the city, which will then issue summary reports to the public. Philadelphia will not require testers to report every time the self-driving system is disengaged, which is required in California.

3/7/19
Will NJ Consumers End Up On Hook For Transmission Line To Other States?
New Jersey ratepayers may end up paying a bigger share of the cost of a controversial transmission line to deliver power from the state’s three nuclear power plants to customers in Delaware and Maryland. The Federal Energy Regulatory Commission last week denied a rehearing request filed by two New Jersey regulatory agencies over FERC’s allocation of costs for a $278 million power line from the nuclear units at Artificial Island operated by PSEG Nuclear to Delaware. The decision disappointed New Jersey officials, but marked a victory for mid-Atlantic states, which would have assumed more than 90 percent of the costs of the project under the original allocation formula. Instead, customers of New Jersey’s four electric utilities will now be picking up roughly 40 percent of the costs.

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.