May 03, 2017

Dear NJGCA Member:

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

Here is what you will find in this edition:

FDA DELAYS MENU-LABELING REGULATION
RETAILERS MAY PREVAIL IN FEDERAL FIGHT TO LIMIT DEBIT CARD TRANSACTION FEES
CLASS A AND CLASS B OPERATOR TRAINING INFORMATION

In recent weeks we have discussed the extremely burdensome and concerning rules regarding "Menu Labeling" which were set to go into effect on May 5, 2017. We urged our members, even those who don’t run convenience stores, to use our VoterVoice system to send a pre-written email to their Representative to express their opposition to the way the rule is currently written and request flexibility in meeting the requirements of the rule. Shortly after the Road Warrior went out last week, the FDA announced their decision to delay the implementation of the Menu Labeling Rule for an additional year! Therefore, at the present time, there is no immediate need for the congressional action we were pressing for. Though implementation is delayed until 2018, it isn't dead forever! We will have to continue to address this issue and the concerns that we have regarding this regulation over the next 12 months. We’re very proud because NJGCA members played a large role in putting pressure on their Representatives and communicating how this rule would burden our convenience store members! And of course a big thank you to all who do not operate convenience stores who pitched in to help. We are all brethren just trying to survive in the industry and need to stick by each other!

The second issue we recently asked to you to communicate with Congress about will impact all of you because you all accept debit cards. I'm confident enough to tell you this much: what we’ve learned about the negotiations in Washington leads us to believe that the Durbin Amendment will stay in place, protecting you from increased fees for debit card processing. Again, this is not definite, but Chairman Hensarling of Texas, who has been the primary advocate for repeal of the Durbin Amendment, has indicated that the pressure being applied to Congress by YOU and other small business merchants from other states, has diminished any support from other members of Congress to repeal the Durbin Amendment. We will keep you updated on this issue as well.

Finally, I have some information for you about operator training for gas stations. As you all should know, we’re still waiting for the State to issue final regulations regarding your underground storage tanks, which will comply with federal rules. Because the federal rules require operator training for anyone that owns and operates underground storage tanks, we have been anticipating these rules since 2010. The State anticipates the imminent release of the rules and has begun scheduling operator training classes for you to begin registering for at this time.

I am still angry that the only source for these classes will be through Rutgers University. I haven’t spoken much about my fight with DEP to allow NJGCA to provide the training for our members, but in all of our comments to NJDEP regarding the new rules, I have objected to the exclusion of NJGCA as a provider of this training. I strongly believe that NJGCA can provide this training for much less money than the State will be charging at Rutgers, and much more conveniently at locations around the State. It has all fallen on deaf ears.

The NJDEP is offering UST Operator Training in accordance with the current Federal Rule which currently applies in New Jersey.

What is Operator Training?
Operator Training is a three-tiered training program (Class A, B, or C Operators) required by federal law in NJ for the operation of Underground Storage Tanks (USTs). The purpose of the training program is to ensure that the owners and operators of USTs properly operate and maintain the UST systems.

The Operator Training applies to all UST systems regulated under New Jersey Storage of Hazardous Substances ACT at N.J.S.A. 58:10A-21 et seq. The NJDEP is amending its rules in 2017 to conform them to the EPA rule requirements.

How does New Jersey Implement Operator Training?
- By requiring training for all persons who will operate in any one of more of the three “classes” of operators identified in EPA guidelines as Class A, B, or C Operators.
- By implementing state-specific operator training requirements that are consistent with EPA rules and related guidelines.
- By requiring all UST Owners/Operators to designate individuals who are required to be trained under the requirements specified in the guidelines.

What are the UST Operator Classes?
- Class A Operator is typically the Owner/Operator in charge of resources, and personnel, and is responsible for operating and maintaining the UST System.
- Class B Operator is designated by the Owner/Operator to have day-to-day responsibility for the UST System.
- Class C Operator is an individual designated by the Owner/Operator to be responsible for initially responding to emergencies and typically controls the dispensing or sale of the regulated substances.

How can you become a Class A or Class B Operator?
To become a Class A or Class B operator in New Jersey, a person must attend a class at Rutgers University and pass an International Code Council (ICC) examination. Cost for the Rutgers Class $275 for a single person, a discount is offered for additional attendees from the same company.

This fee must be paid at registration either by credit card or mailing in registration. Registration procedures, costs, and training locations and schedules can be found at Rutgers University Website: http://www.cpe.rutgers.edu/brochures/intros/ust-AB.html

Currently they have two classes scheduled: May 15in Bordentown and June 12 in New Brunswick.

Topics Covered at the Operator Training Class:
The NJDEP is combining the subjects for Class A and Class B in this new class that will cover the federally required training curriculum for A/B operators. Topics Include:
- Regulatory requirements applicable for UST Systems
- Financial Responsibility
- Notification and Storage Tank registration
- Environmental and Regulatory consequences of releases
- Operation and Maintenance of UST Systems
- Spill and Overfill Prevention
- Release Detection and Related Reporting
- Corrosion Protection and Related Testing
- Product and Equipment compatibility
- Training Requirements for Class C Operators (A/B Operators may be responsible for training)

After Completion of the Class the Class A/B Operators must take the Exam:
Completion of the A/B Operator Training Program requires passing the Class A/B operator training examination given by the International Code Council (ICC).

To sign up for testing you must first Register on the ICC website: http://www.iccsafe.org/Certification/Bulletins/UST-AST_EIB.pdf. The testing fee is $80.00 and must be paid when you register. Your Registration must match your name provided on the legal document you provide for the test. The testing time is approximately two hours and you must arrive 30 minutes early.

Who Should be attending?
Anyone who Owns or Operates a regulated UST facility or wishes to be employed as a designated Class A or Class B Operator will need to take this class and pass the Exam.

If you have any questions, please reach out to Debbie at 732-256-9646.

Thanks for reading -- See you next 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!

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! We are offering the class: Wednesday, May 24th from 7:00am to 3:00pm. Cost $250.
Click HERE for the registration 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:
Shell Gas Station with 6-Bay Repair Shop for Sale in Bergen County!

Business established in 1980. Fully equipped repair shop with 5 lifts including an alignment rack with a 2-year-old Hunter Hawkeye alignment machine. New Hunter tire machine & wheel balancer. AAA aproved and very busy.

Towing business also available which includes 3 Freightliner/JerrDan flatbeds (2015, 2016 & 2017), a 2012 Dodge crew cab wrecker with a Jerrdan Quick Pick & dual cable winch & 2 service trucks (a 2012 GMC 2500 utility truck with a plow & a 2014 Ford transit battery/service vehicle).

Pumping over 1,000,000 gallons per year. 100x300 lot with plenty of parking. Excellent location!!! Call Jim @ 201-851-3084.

FOR SALE:

Commercial Building in Asbury Park, Property Only for Sale, Not the Business! For listing information, please click HERE.

FOR SALE:

Four (4) Gilbarco Encore 300 dispensers. Brand New in 2003. Pumps work great, just no card readers. Call Katie or Al at 732-739-1360.

Also offering: Transac system for pumps and two dual LSI island lights

NEWS AROUND THE STATE: THE NEWS YOU SHOULD KNOW

05/02/2017:
Retailers may prevail over banks in fight over limits on debit card transaction fees
As a Dodd-Frank replacement bill went to the cutting room, one controversial provision looked likely to end up on the floor: the repeal of the Durbin Amendment, which caps transaction fees that debit card issuers can charge merchants. The House Financial Services Committee is set to mark up the replacement bill -- the Financial Choice Act -- nearly a year after a draft was unveiled. Language to repeal the Durbin Amendment, which assigns a limit to card swipe fees and the payment of those fees to the banks, has survived until now, but comments from the committee's chairman, Rep. Jeb Hensarling, R-Texas, have cast doubt on the repeal surviving much further. Three industry lobbyists and two financial industry CEOs have reportedly been informed in recent months by either Hensarling himself or a member of his staff that the repeal will not be part of the final bill. In a briefing with reporters Thursday, Hensarling signaled that the future of the amendment is unclear, while acknowledging that the division over the amendment doesn't neatly match party lines. Republicans who oppose the original amendment and support its repeal do so because they don't believe the government should be in the business of setting prices, but disagree over who should bear the cost. To read more about the fight, click the link above.

05/02/2017:
Vaping Dealt Blow as Budget Passes
The future of e-cigs and vaping hit another roadblock this past weekend with the death of an amendment to the newly passed Congressional budget that would have sheltered most vaping products on the market today from a rigorous and costly FDA approval process. The Cole-Bishop Amendment submitted by Reps. Tom Cole (R-Okla.) and Sanford Bishop (D-Ga.) would have allowed electronic cigarettes and related products that were on the market from the predicate date of Feb. 15, 2007, through potentially Aug. 8, 2016, to qualify for a less-stringent approval process from the U.S. Food and Drug Administration (FDA). That may not be the last word on the matter, however. To read more about how the fight could continue to unfold, click the link above.

05/02/2017:
Here's why N.J. gas prices are down, bucking normal summer trend
Gas prices in NJ have fallen by 3¢ in the past week -- a trend that some experts believe will continue despite the approaching summer when prices usually rise. The drop is caused by weak demand and an oversupply of gasoline caused by refiners increasing production, according to Dan McTeague, senior petroleum analyst at GasBuddy.com, which tracks gas prices. McTeague called the trend a "startling decrease at the pump" for this time of year. "You usually see a build-up of prices as we head toward Memorial Day," McTeague said. Last week, the average price for a gallon of regular gas in NJ was about $2.45, according to AAA's Daily Fuel Gauge report. By Monday, that number fell to $2.42 and stayed around there on Tuesday. Nationally, the price for a gallon of regular is about $2.38. The current prices are roughly 35¢ higher than a year ago, which McTeague said could be partly due to the 23¢ hike to NJ's gas tax in November -- making the state's gas tax one of the highest in the country. However, he does not expect the current prices to rise anytime soon -- at least not before Memorial Day. "Although it is much higher, it is probably highest we'll go for the foreseeable future. I don't think we'll see prices go up before then," he said. So, what does this mean for motorists as we head into Memorial Day weekend and the summer? McTeague expects lower prices at the pumps that normally would be expected. The price drops in the state are also being experienced nationwide, McTeague said.

05/01/2017:
Trump to 'consider' raising the gas tax
President Trump recently said that he is open to raising the gas tax to help pay for infrastructure projects. In an interview with Bloomberg News, Trump said he would "certainly consider" a gas tax hike “if we earmarked money toward the highways.” White House Press Secretary Sean Spicer later stressed during a briefing that Trump did not endorse a gas tax increase. Instead, according to Spicer, Trump told Bloomberg that he would consider the request of a transportation group that met with him and expressed support for raising the gas tax. Trump has made enacting a $1 trillion infrastructure package one of his top priorities. The federal gas tax hasn't been increased since Bill Clinton was president, and there has been bipartisan opposition to raising it. But some lawmakers have expressed an openness to raising the tax in recent years to boost infrastructure funding. A number of states have also increased their own gas taxes. To read more, click the link above.

4/28/2017:
Gov. Brown Signs Plan That Raises California Gas Tax to Fix Roads
California drivers will see gas prices jump in November and will pay more to register their vehicles come January after Governor Jerry Brown signed into law a tax hike of $5 billion per year to fix the state's crumbling highways. Brown and his legislative allies said the money is badly needed to fill potholes and repair rutted roads that lengthen commutes and damage vehicles. The plan aims to address a $59 billion backlog in deferred maintenance on state highways and $78 billion on local streets and roads. It raises gas taxes by 12¢ per gallon in November, and to 19.5¢ increase by 2020. Diesel taxes will rise by 20¢ per gallon and diesel sales taxes by 4%. Drivers will pay a new vehicle registration fee ranging from $25 to $175 depending on value of their vehicles. Senate Minority Leader Patricia Bates said Brown and Democratic lawmakers should have embraced a plan to fund road repairs that did not increase taxes.

04/27/2017:
Businesses huff, puff over de Blasio-backed tobacco price hike
NYC officials and businesses are clashing over a push to jack up the price of cigarettes to at least $13 a pack and sharply restrict sales. The NYC Council debated a sweeping package supported by Mayor deBlasio that aims to cut the number of smokers in the city by 160,000 -- including measures to hike the minimum price to $13 from $10.50, and to cap the number of stores that can sell tobacco at half the current level in each neighborhood, barring any new licenses until the cap is reached. Opponents charged the bills would drive more people to buy cigarettes on the black market, hurting small businesses and local tax coffers without reducing smoking. “All it will succeed in doing is ruining legitimate, licensed, tax-collecting retail businesses” said Jim Calvin, president of the NY Association of Convenience Stores. “Why are you trying to make things worse for us when there is a vast black market out there that we’re not even attempting to control?” But supporters, including the Health Department, most Council members and public health groups, said evidence is strong that making cigarettes harder to get and more expensive causes people to kick the habit. “We must use every tool available to raise the price of these deadly products,” said Health Commissioner Mary Bassett, who predicted the price hike alone would cut adult cigarette smoking by 6.4% and youth smoking by 10%. Teens who visit stores that sell tobacco every week are twice as likely to try smoking as those who don't, she added. Other bills would ban pharmacies like Duane Reade and Rite Aid from selling tobacco, slap a 10% tax on products like cigars and chewing tobacco and set minimum prices for those products, hike the price of a tobacco license, and ban new hookah bars from opening.

04/27/2017:
NY Eyes Raising Smoking Age to 21
Raising the smoking age from 18 to 21 in NY took a step forward this week when a key Senate committee approved the measure. The bill sponsored by Democratic lawmakers made it through the Senate Health Committee in the Republican-led chamber, renewing hope among health advocates that NY could be moving toward making it law. California and Hawaii ban the sale of tobacco products to those under 21, as do 10 municipalities in NY -- the largest being NYC. "By raising the legal purchase age to 21, we will help prevent a generation of New Yorkers from becoming addicted to smoking and ultimately save thousands of lives," according to the memo attached to the bill from its sponsors, Assemblywoman Linda Rosenthal, D-Manhattan and Senator Diane Savino, D-Staten Island. Whether the bill would make it through the Democratic-controlled Assembly and GOP-led Senate is unclear, and similar versions of the bill have floundered in recent years. Senate Health Committee chairman Kemp Hannon, R-Nassau County, said he supports the measure, but he said it was uncertain whether the full Senate GOP conference would back the bill. "I tend to think most people are in favor of it, but there are some who don’t see it as a smoking issue, but simply: Should we be restricting people’s ability to make their own choices in life?" Hannon said

04/27/2017:
FDA Delays Menu-Labeling Rule
The US Food and Drug Administration recently submitted an interim final rule to the White House Office of Management and Budget that signals a delay in the agency’s final menu-labeling rule scheduled to take effect on May 5. Earlier this month, NACS and the National Grocers Association submitted a petition to the FDA asking the agency to delay the final rule’s effective date. According to Politico Pro, the “apparent change in course” follows the collective efforts by NACS and NGA. Initially released on November 25, 2014, the rule establishes menu-labeling requirements for chain restaurants and “similar retail food establishments.” Generally, establishments that are covered by the rule must post calories for standard menu items on menus or menu boards or, for self-service items and foods on display, on signs adjacent to the items, as well as provide additional written nutrition information to consumers upon request. NACS has and continues to maintain that the menu-labeling regulations established by the FDA do not account for the varying approaches to foodservice between big-chain restaurants, convenience stores, grocery stores and delivery operations such as pizza chains. To read more from NACS’ statement and to learn more about the regulation, click above.

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 PARTICIPATON: 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.

*NEW* 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.