February 21, 2014

Dear NJGCA Member:

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

THE MARKETPLACE
SITE REMEDIATION APPLICATIONS AND INVESTIGATIONS
HOT FUELS LAWSUIT AND TEMP. CONTROLLED PUMP LEGISLATION

Several weeks ago, I indicated that I was wrong in my prediction that we would start to see a jump in prices toward the end of January. However, I am beginning to think that my prediction wasn't wrong, it just came true a few weeks later than I expected. There are many different dynamics that analysts and speculators have been reviewing that offer new twists, explanations and predictions. For example, there is always an assumption that driving will pick up in the later part of the spring, however, it has been difficult to calculate how this will impact demand, since now we are trying to calculate how additional or improved gas mileage factors into the uptick in driving. Speculators are trying to balance that with the absolute knowledge that the refineries switching over to summer blends of gasoline will create some depletion of inventory. It is an analysts' guessing game, but right now, analysts and speculators are thinking that supply and demand ratio will create an uptick in the price, so you are probably going to see prices rise about another 20 to 25 cents before it levels off.

I received a call from a journalist over the weekend to discuss this very topic -- the upward trend that we are seeing in prices. To read the article that was published in the Courier Post, please click here.

Now, for those of you that have ongoing remediation issues at your site, this is some important information for you.... This memo comes directly from Frank Brennan and the Brennan Law Firm, which has been specializing in environmental litigation since 1996. Frank writes:

Remedial Investigation Deadline for Cleanups Gets Extended, BUT Applications Must Be Filed by March 7, 2014!

Certain parties responsible for an environmental cleanup in New Jersey were just handed a possible two year reprieve from one of the more harsh provisions of the law governing such cleanups. On January 21, 2014, Governor Christie signed into law A-4543/S-3075, which, under certain circumstances, allows Licensed Site Remediation Professionals (LSRPs) until May 7, 2016 to complete the remedial investigation (RI) of contaminated sites. Previously, parties subject to the Site Remediation Reform Act (SRRA) were required to complete their RI by May 7, 2014 or their cleanups would be subject to direct oversight by NJDEP. With direct oversight the NJDEP, not the site owner, chooses how the cleanup will be done!

But you must act now! Applications for RI extensions must be filed with the NJDEP by March 7, 2014. While these applications are deemed to be approved upon receipt, NJDEP may revoke these at any time and impose direct oversight of a remediation if it determines that the above criteria are not met.

To obtain an RI extension, a you must show that: (1) an Licensed Site Remediation Professional (LSRP) has been retained to conduct the remediation; (2) the mandatory timeframes set forth in SRRA have been met; (3) technically complete submissions have been made to the NJDEP regarding several specific aspects of the investigation; (4) a remediation funding source has been established if required or, if not required, a remediation trust fund for the estimated cost of the remedial investigation has been established; and (5) all oversight costs known at the time of the certification and all applicable annual fees and surcharges have been paid. Any parties seeking grant funding through the Hazardous Discharge Site Remediation Fund may also apply for an RI extension.

If you are responsible for an environmental claim for an environmental cleanup, the new law may give you important relief. Please feel free to contact Frank Brennan at (609) 395-5533 or fbrennan@brennanlaw.org for more information or assistance.

Finally, I know that we haven't discussed this issue in a while, because it has been pretty much bottled up, however every now and then something pops up that needs to be reported. Recently, there have been some positive developments in a number of the lawsuits regarding "hot fuels." Most importantly, in one particular case, claims against 15 retailers have been dismissed. So far there have been three such victories for the defendants on our side, and it looks like we will continue to see success in this battle.

Additionally, over the past two or three legislation sessions, Assemblywoman Bonnie Watson Coleman has sponsored legislation to require gas stations to install temperature controlled pumps. However, NJGCA consistently opposed that legislation. Thanks in part to our education and advocacy efforts, and a unified voice with our friends at FMANJ, that legislation has not been reintroduced this session! It seems as though these "hot fuels" and "temperature-controlling" issues are starting to lose steam. We will continue to keep you posted of any relevant developments.

Thanks for reading -- See you next week!

Regards,
Sal Risalvato,
Executive Director

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

NJGCA also assists members in selling equipment through the placement of advetisments in Road Warrior!

If you'd like to list your business for sale, publish a location you're selling, or are seeking a business partner for your establishment, please contact NJGCA at 973-376-0066!

02/20/2014:
Opinion: Assembly Speaker's call for N.J. gas tax hike is lost in GWB scandal noise
With Gov. Christie scheduled to submit his fiscal year 2015 budget to the Legislature on Tuesday, Assembly Speaker Vincent Prieto said he’d welcome consideration of an increase in the state’s 14.5 cents per gallon gasoline tax to replenish the Transportation Trust Fund, as well as the imposition of a yet-to-be-determined tax on water consumption. Governor Christie has been adamant in opposing a gas tax increase. and there's no reason to believe that he’s undergone a change of heart. The current tax on gasoline produces $540 million per year, roughly $37 million per penny. A 10-cent increase would generate nearly another $400 million, while the additional cost to the average motorist who drives, say, 1,000 miles per month in a car with a 20 mpg fuel-efficiency rating, would amount to $5.00. The author of this op-ed is Carl Golden, a senior contributing analyst with the William J. Hughes Center for Public Policy at the Richard Stockton College of New Jersey.

02/20/2014:
NJ lawmakers support coalition to promote vocational and technical education
Two of New Jersey's highest ranking lawmakers, Senate President Steve Sweeney and Assembly Speaker Vincent Prieto, are joining representatives of business and education to launch the NJ Employer Coalition for Technical Education, which will support and improve career and technical education in the state. The New Jersey Business and Industry Association (NJBIA) and the New Jersey Council of County Vocational-Technical Schools are the forces behind the effort. Already, the coalition has brought together 120 corporations, small businesses, labor unions, organizations and individuals for the effort, organizers said.

02/18/2014:
NJGCA in the News: Gas prices spike in S.J. on stock speculation
Average retail gas prices in NJ have risen 4.7 cents per gallon in the past week alone, averaging $3.27 per gallon Sunday, according to GasBuddy’s daily survey of 3,525 gas outlets in the state. Meanwhile, the national average has increased 5 cents per gallon in the past week, to $3.34 a gallon. NJGCA Executive Director Sal Risalvato was contacted to help explain this trend and provide some insight into how long it will last. To read the article, and Sal's comment, please click on the link above.

02/18/2014:
Obama Administration Unveils Plan to Further Tighten Fuel Efficiency Standards
President Obama announced that his administration will begin constructing the next phase of tighter fuel efficiency standards for medium and heavy-duty vehicles. The announcement coincides with his pledge to reduce the US' dependency on foreign oil and to decrease fuel prices at the pump that he made during last month's State of the Union Address. Obama called upon the EPA and the Transportation Department's National Highway Traffic Safety Administration to develop and issue the new fuel-efficiency and greenhouse gas standards by March 31, 2016. The Obama Administration is currently offering tax credits to gas stations that are building the proper infrastructure so that vehicles can fill up with alternative fuels. To read more of this article, please click on the link above.

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!!

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.

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
66 Morris Avenue
Springfield, NJ 07081
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.

THE MEMBER TOOL BOX

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