YOUR WEEKLY MEMBER NEWS LETTER:
is a service provided only to members of the Nebraska Petroleum Markers & Convenience Store Association (NPCA). If you have any key personnel that would like to be added at no additional charge, please feel free to reply to
tkeigher@npcainc.com, katie@npcainc.com or call (402)-474-6691.
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The following states are auctioning off decanter sets with a bottle of
Basil Hayden Whiskey
in their efforts to raise PMAA SBC PAC funds. The state's decanter set you bid on will receive credit for this contribution. Let the bidding begin...
Reminder, this is a federal PAC, personal funds only.
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HAPPENINGS IN THE NEBRASKA LEGISLATURE THIS WEEK
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While the 2017 Legislative Session started off tortious like with the first 30 days being consumed with continuous and contentious debate on the rules of the Legislature, Speaker Scheer announced this week that he was going to accelerate the speed in which the Legislature would get to sine die.
Speaker Scheer announced that he intends to adjourn sine die on May 23rd, even earlier than the previous announcement he made in adjourning on May 26th, and way earlier than the scheduled sine die date of June 2nd that was planned when the session started. Speaker Scheer stated that all priority bills that were sent to the Legislative floor - a few remain landlocked in committee with no hope of advancing - have been or will see floor debate before May 23rd. As you know, any bills that remain in committee, or did not pass this session or were not killed will carry over to the 2018 session and any priority bills that carry over will have to be re-prioritized to keep this designation in the 2018 session.
Lawmakers can adjourn early by having completed the most important task of a long session, that being passing a balanced budget for the next biennium.
Senators voted 36 (yes) -12 (no) -1 (not voting) to send the $8.9 billion biennium budget (LB327) to the governor on Tuesday of last week. The governor now has five days, excluding Sundays, to either sign, let become law without his signature, or veto (he has line item veto authority on the budget bills) this bill or any of the other budget bills. This means that the governor has till Monday, May 15th at 11:59p.m. to act on the budget bills.
Late Friday, Governor Ricketts returned LB330e to the Legislature with his signature and with a line-item veto reduction.
As stated in his veto letter to the Legislature, "I have vetoed $11 million in spending intended for the Capitol Heating, Ventilating, and Air Conditioning (HVAC) Systems Replacement Project. The HVAC Project is an important priority, however, our current fiscal situation does not warrant this large General Fund expenditure. Sufficient funding will remain to keep the project on schedule and the financing of the HVAC Project can be revisited in the next legislative session."
It is anticipated that Governor Ricketts will line item veto at least one other budget bill as well, that being the main line budget bill, LB327.
The Governor has stated on several occasions that he is opposed to lowering the cash reserve to 2.5% from its current level of 3% and using additional rainy-day funds in meeting continuing declining revenues in balancing the next biennium budget.
The budget passed by the Legislature has a 1% increase in General Fund spending over the two-year budget and dips into the cash reserve to the tune of $173 million.
- LB327, provides the following:
- $62.4 million for the Tax Equity and Educational Opportunities Support Act (TEEOSA);
- $35.6 million for Medicaid;
- $15.4 million for staffing, programs and equipment for the state Department of Correctional Services;
- $11.4 million for the courts under the Justice Reinvestment Act and;
- proposed cuts of $24.7 million to state agencies ($13 million to the university system and $9 million in foster care contracts with private providers of kinship placements for state wards).
- LB331 - Create funds transfers, change provisions governing finds, and change the reserve requirement.
Through AM1278, the state's minimum cash reserve is lowered from its current level of 3% to 2.5% for the next two years. This allows the ½% (approx. $3 million) to be used in helping to balance the next biennium budget without forcing further cuts after the forecasting board handed the Appropriations Committee an additional $55 million shortfall two weeks ago. This decrease in the cash reserve is coupled with some other transfers from cash funds to avoid further cuts or tax increases.
- LB332 - Change Cash Reserve Fund Provisions. Transfers the $173 million form the Cash Reserve to the General Fund, plus a laundry list of transfers from agency cash funds. Cash funds are funds that are used by the various state agencies to administer programs under their respective jurisdictions and funded through user fees.
The above bills are those that will most likely see line item vetoes by Governor Ricketts.
To override a governor's veto, the legislature must have 30 "yes" votes. While most of the budget bills garnered well over 30 "yes" votes on Final Reading (LB372 - 36, LB331 - 36, LB332 - 35), it will be a challenge to get 30 on an override. Some senators will not give a "yes" to an override as loyalist to Governor Ricketts; others will be concerned they will become a target in the 2018 election, just like some of those incumbents who lost their seats in the 2016 election, based on voting the opposite way the Governor would have likened them to.
Add to the excitement/pressure is the tax report that came out this week on April's collections, which fell sharply below expectations at -11.4% ($78 million) below projections, with just individual income tax receipts being down 17.1% alone.
In response to this news, Governor Ricketts issued a statement saying: "the state's revenues took another sharp turn downward last month. It is our duty to responsibly address this shortfall to protect the budget and Nebraska taxpayers. I will be reviewing the budget in the coming days, and will take appropriate action on the bills in light of this revenue shortfall."
With this added financial news, and Governor Rickett's statements on the budget/shortfall, it is for certain to be an interesting week with the overrides scheduled to take place on Wednesday and Thursday of this coming week.
This week, on Wednesday, also saw floor debate on LB632 (General Affairs Committee Priority Bill), a bill that would have made numerous changes to liquor laws in the state.
Among the proposed changes, and the only controversial issue in the bill, were to the regulation of craft brewers. A provision in the bill would have required that all alcoholic beverages purchased for resale in the state to be "at rest" at a licensed wholesale warehouse prior to distribution to retail outlets.
Senator Larson, the bill's introducer and Chair of the General Affairs Committee, stated that this provision was needed to clarify that - except for the ability to transport to and sell at their own retail locations - craft brewers are required to go through a wholesale distributor for the distribution of their product(s). The intent of the language in the bill is to codify in statute existing Nebraska Liquor Control Commission rules and regulations.
Senator Larson stated, during floor debate, "To allow in-state craft brewery beer not to come at rest in the wholesaler's warehouse, but to require out-of-state beer to do so, also raises a constitutional issue, which he said likely would result in expensive litigation."
Senator Carol Blood of Bellevue introduced an amendment, which was adopted 35-0, that removed the "at rest" requirement from the bill and would allow the continuance of a practice that has been utilized in the craft brewery business, allowing alcoholic beverages that are loaded onto a wholesaler's truck to be considered to have meet the "at rest" intent of the law.
Senator Blood stated that her amendment would preserve the three-tiered system of alcohol manufacture, distribution and retail sales, ensuring a level playing field within each tier and safeguarding that appropriate state and federal excise taxes are collected and remitted.
Other provisions in the bill included:
- clarifies the definition of "bottle club" including them under the liquor act;
- requires third-party shippers to report to the Commission when they are delivering out-of-state alcohol directly to someone in Nebraska, and grants the Commission the authority to suspend licenses for any second or subsequent offenses of any violations;
- defines, for responsibility of the payment of excise taxes, the "at rest" provision of beer that is delivered from a craft brewer to a wholesaler's warehouse;
- requires that craft brewery's licensee wholly own the craft brewery's satellite locations, also requiring that production take place at each location, grandfathers in existing locations;
- increases the size of growlers from 32ozs to 64ozs for Class C licenses (on and off sale);
- and finally includes language to address issues with the Music Licensing Act and firms claiming to have copyrights to songs that may or may not have been performed at a licensee's venue.
The bill was advanced from General File on a 43-0 vote, but it is the intention of the bill's sponsor, Senator Larson, to not bring the bill up again this session. Senator Larson feels that it is imperative to the ability of the Liquor Control Commission in enforcing state liquor laws to codify the "at rest" provision and to avoid a constitutional challenge to the existing law.
2017 Interim Studies of Interest
Interim Studies are introduced at the end of the session and are resolutions authoring a committee to study an issue following the adjournment of the legislative session.
Interim studies are held at the will of the committee chair in which the study was assigned to and are usually held in the fall of the year. Not all interim are held, as some issues are deliberated by interested parties outside of the formal process. The main concept behind an interim study is to educate committee members on a particular issue, as well as to bring opposing sides together on an issue in hopes of a compromise that can be drafted into a legislative bill the following year.
Last week was the latest in the session in which Interim Studies could be introduced, but the committee of jurisdiction has not yet been assigned. Additional information on Interim Studies of Interest will be made available as it is posted.
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2017 Interim Studies NPCA
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Document
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Primary Introducer
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Description
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LR25
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Krist
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Interim study to examine the requirements in the Rules of the Legislature for preparing and delivering fiscal notes
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LR60
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Urban Affairs Committee
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Interim study to examine issues related to the use of tax-increment financing
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LR81
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Wayne
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Interim study to examine the adoption and enforcement of state fire codes
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LR109
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Larson
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Interim study to examine the collection of annual assessments under the Property Assessed Clean Energy Act
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LR124
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McDonnell
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Interim study to examine contracting and procurement by cities of the metropolitan class
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LR143
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Kolowski
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Interim study to examine pay equity issues
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LR144
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Howard
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Interim study to examine the effects of nonstandard and volatile job schedules on Nebraska businesses, workers, and families
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LR161
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Smith
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Interim study to examine the structure and administration of, and compliance with, state individual income and corporate income taxes
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LR162
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Smith
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Interim study to examine the structure and administration of, and compliance with, state and local sales and use taxes and any other miscellaneous taxes
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LR163
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Smith
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Interim study to examine the structure and administration of, and compliance with, real and personal property taxes
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LR174
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Friesen
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Interim study to review the implementation of the 911 Service System Act
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LR190
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Kuehn
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Interim study to examine the possibility of creating an ethics committee within the Legislature
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LR192
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Hilgers
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Interim study to examine the committee system of the Legislature
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LR193
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Albrecht
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Interim study to determine the impact of increased use of higher level ethanol blends and various policies to incentivize use of such blends
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LR195
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Hilkemann
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Interim study to examine the system of valuing automobiles for calculation of the motor vehicle tax
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LR203
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Friesen
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Interim study to examine issues surrounding the relocation of utilities within the public right-of-way
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LR204
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Larson
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Interim study to examine the structure for license fees under the Nebraska Liquor Control Act
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LR205
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Larson
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Interim study to examine issues under the jurisdiction of the General Affairs Committee
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LR209
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Stinner
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Interim study to examine the volatility of Nebraska's revenue portfolio to determine a set of evidence-based savings targets for the Cash Reserve Fund
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LR210
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Stinner
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Interim study to examine fiscal distress among local political subdivisions in Nebraska and how the Legislature could establish an early warning system to identify and respond to such fiscal distress
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LR211
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Wayne
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Interim study to examine giving consumers a choice among electricity supply options and greater information concerning their service and billing options
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LR212
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Morfeld
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Interim study to identify K-12 and postsecondary education resources to meet industry needs in preparing students for employment in careers requiring knowledge and skills in science, technology, engineering, and math with an emphasis on jobs in the bioscience
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LR214
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Wayne
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Interim study to examine contracting and procurement by the Dept. of Roads
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LR223
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Blood
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Interim study to examine Nebraska statutes governing the use of personally identifiable information
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LR224
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Blood
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Interim study to examine cross-county assessment and collection of ad valorem taxes
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LR242
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Kuehn
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Interim study to examine the feasibility of zero-based budgeting for state agencies
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LR243
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Wayne
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Interim study to examine issues related to eminent domain and property rights
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Next week's schedule and most likely the schedule for the remaining days of the session includes:
NOTE
: Some of these bills have had floor time, but will require additional floor time as they are still controversial. Add to this list the veto overrides and this should take lawmakers to sine die.
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GENERAL FILE: 2017 COMMITTEE PRIORITY BILL
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Document
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Introducer
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Description
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Eliminate an independent review of denial of aid to the disabled
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Appropriation Bill
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GENERAL FILE: 2017 SENATOR PRIORITY BILL
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Document
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Introducer
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Description
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Define and redefine terms under the Community Development Law
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SELECT FILE: 2017 COMMITTEE PRIORITY BILL
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Document
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Introducer
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Description
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Provide for governmental unit bond priority under the Nebraska Governmental Unit Security Interest Act and rename the act
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FINAL READING: E & R Engrossment: Motion to Return to Select File for a Specific Amendment
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Document
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Introducer
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Description
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Change provisions relating to certain retirement plans as prescribed
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SELECT FILE: 2017 COMMITTEE PRIORITY BILL
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Document
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Introducer
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Description
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Provide, change, and eliminate provisions governing boards, commissions, and similar entities
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SELECT FILE: 2017 SENATOR PRIORITY BILL
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Document
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Introducer
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Description
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Prohibit certain regulation of firearms, ammunition, and firearm accessories by counties, cities, and villages as prescribed and create firearm offenses
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LEGISLATIVE RESOLUTIONS THAT WILL SEE FLOOR DEBATE
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Document
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Introducer
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Description
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Oppose any federal action that would rescind Deferred Action for Childhood Arrivals
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State legislative intent regarding refugees in Nebraska
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Bills of Interest
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2017 GLW SCHOLARSHIP GOLF OUTING
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Tuesday, June 6, 2017
Come network with members of the industry and raise money for the George L. Watters Memorial Scholarship Golf Outing 11:30 Lunch 12:00pm Shot Gun Start Dinner to follow at the
York Country Club.
Thank you to our sponsors:
Beverages on the Course and Dinner Sponsor:
Lunch Sponsor:
Shrimp and Hole Sponsor: Hole in One Sponsor:
19th Hole Sponsor:
Hole Sponsors:
Federated Insurance, Growmark Energy, Arthur J. Gallagher, Superior Lighting, Flint Hills, Western Oil, Leak Specialist, RDG Geoscience & Engineering, Sinclair Oil, Shell Oil, Midwest Pump & Equipment, Bosselman Energy,
Prairie Rose Sign, Williams & Co., Nebraska Lottery, Phillips 66, RJ Reynolds, Altria
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EPA APPROVES PMAA'S LOW LIQUID LEVEL ALTERNATIVE TEST METHOD FOR SUMPS
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Provides major cost savings to Petroleum Marketers
The U.S. EPA's Office of Underground Storage Tanks (OUST) announced this week that it has
approved PMAA's low liquid level integrity test as an alternative method for containment sump
testing that is required under the 2015 federal UST regulations. The 2015 regulations require
liquid testing every three years of all containment sumps used for interstitial monitoring of
piping. However, the test method cited in the rule requires filling sumps with water above the
penetration points in the sump wall. This sump test method would be prohibitively expensive
for tank owners. Instead, the PMAA UST Task Force developed an alternative test for
containment sumps.
The alternative requires filling sumps only to the level of a liquid sensing device equipped with a
positive shutdown that is mounted below penetration points in the sump wall. PMAA's
alternative test method will significantly reduce reoccurring sump testing compliance costs for
tank owners while being equally protective of the environment as filling the sump to the top,
according to the OUST. This is an important victory for petroleum marketers that builds on
previous cost saving flexibility won by the PMAA UST Task Force during the rulemaking process.
OUST also clarified, at PMAA's request, that water used for spill bucket and sump testing may
be reused by third party vendors at other sites in order to further reduce the cost of handling
and disposal of test liquids. In addition, OUST clarified that if double walled pipe systems using
sumps for interstitial monitoring were installed before the date secondary containment for
piping was first required by regulation, the tank owner may instead use leak detectors and
annual line tightness testing to meet leak detection requirements. This would remove the need
to test containment sumps because annual line tightness tests would replace interstitial
monitoring as the selected method of leak detection. OUST also approved PMAA's request to
allow the use of a liquid level audible alarm as a primary method of overfill protection where
removing a fully functional in-tank probe to meet visual inspection requirements would destroy
operability of the probe.
PMAA is continuing to work with OUST on additional flexibility measures for compliance with
the 2015 UST requirements. A compliance bulletin explaining the 2015 regulations and PMAA's
alternative test method, and how it can be used for further flexibility under state regulations,
will be sent out soon.
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HOUSE WILL LIKELY VOTE ON FINANCIAL CHOICE ACT SOON
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Last week, the House Financial Services Committee passed the Financial Choice Act along party
lines which includes language to repeal debit card fee reform. The bill will likely come to the
House floor for a full vote the week of May 22nd.
Repealing the Durbin amendment would be extremely harmful to retailers because it ultimately
brought competition to the debit card fee market. PMAA has been working with the Merchants
Payments Coalition (MPC) and meeting with House Financial Services Committee members for
the past year to educate members of Congress about the benefits of the Durbin amendment.
MPC is currently speaking with several members of the House to encourage them to introduce
a floor amendment that would strip the Durbin amendment repeal language in the Financial
Choice Act.
This is a top issue for petroleum marketers heading into PMAA's annual "Day on the Hill"
event. It is extremely important for everyone to urge their lawmakers not to support the
Financial Choice Act if it includes language that would repeal the Durbin amendment.
Repealing the Durbin amendment would be extremely harmful to retailers.
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FDA DELAYS ENFORCEMENT OF E-CIGARETTE RULES
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In May 2016, the FDA released its final rules for e-cigarettes, cigars, pipe tobacco and other
tobacco products it had not previously regulated. Under the rules, the newly regulated tobacco
products are subject to the same general requirements to which cigarettes and smokeless
tobacco are already subject, including those related to: adulterated and misbranded products;
ingredients listing; health documents submission; reporting of harmful and potentially harmful
constituents; and registration and product listing.
As part of the final rules, the FDA maintained the February 15, 2007 predicate date. This date is
important as it determines which pathways a product can take to stay in and/or enter the
marketplace. Products that were not in the market on February 15, 2007, nor have a
comparable product that was in the market on this date, must submit a Pre-Market Tobacco
Application (PMTA). The PMTA requires a product to meet a regulatory hurdle that is very
complex and costly. Some have estimated that a single PMTA could cost up to several million
dollars. As such, the regulatory hurdle to enter the marketplace will be much higher for ecigarettes
than for traditional cigarettes. Because of the speed at which innovation has
occurred with e-vapor products since 2007, essentially all products currently being sold to
consumers fall into this regulatory trap.
However, earlier this month, the FDA moved to delay by three months all regulatory deadlines
facing e-cigarette makers. One of the most significant deadlines requires e-cigarette makers to
submit an application by August with the FDA to get federal approval of their products. The
move, which the Justice Department revealed in court filings in both D.C. and in Alabama,
comes as the vaping and tobacco industries are launching a concerted effort to roll back the
FDA regulation through both legislation and litigation. The delay is intended to give new
leadership personnel at the Health and Human Services (HHS) additional time to more fully
consider the rule.
Earlier this year, Reps. Tom Cole (R-OK) and Sanford Bishop (D-GA) introduced bipartisan
legislation to ensure sensible regulations for newly "deemed" tobacco products by the FDA.
H.R. 1136, the "FDA Deeming Authority Clarification Act of 2017," would amend the Federal
Food, Drug and Cosmetic Act to change the predicate date for newly "deemed" tobacco
products, impose common-sense licensing and advertising guidelines for vapor products and
direct the FDA to establish product standards for vapor product batteries. PMAA urges
lawmakers to support and cosponsor the "FDA Deeming Authority Clarification Act of 2017."Yesterday, the House Financial Services Committee passed the Financial Choice Act which includes language to repeal debit card fee reform passed along party lines by a vote of 34-26.
Repealing the Durbin amendment would be extremely harmful to retailers because it ultimately lowered debit card interchange fees and interchange fees are the second highest expense to a retailer only behind labor. PMAA has been working with the Merchants Payments Coalition (MPC) and meeting with House Financial Services Committee members for the past year to educate members of Congress about the benefits of the Durbin amendment.
The measure now heads to the full House floor for a vote. It is expected that the House will take up the measure later this month. If you have not already done so, click
here to send a letter to your representatives urging them to protect the Durbin amendment.
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This week, Senate Commerce, Science, and Transportation Committee Chairman John Thune
said that it's going to be tough for lawmakers to fit in an infrastructure package before the end
of the year.
Because other top priorities have taken a bit longer than first anticipated, and the Senate still
has to write and pass it's version of the American Health Care Act, and the tax reform formal
vetting process is only just getting started, simply scheduling hearings and debate of a
transportation package will be difficult.
An infrastructure package will be huge and will encompass multiple elements of the
transportation system. Of particular importance to PMAA is opposition to efforts such as those
by Rep. Jim Banks (R-IN), whose legislation (H.R. 1990) would permit commercial services such
as convenience stores and restaurants at interstate rest areas. PMAA is concerned that
interstate-based motor fuel retailers will be unable to compete with commercialized rest areas,
which are conveniently located on the highway right-of-way, and would create a de facto
monopoly in favor of businesses operated out of rest areas. Interstate rest area
commercialization would destroy the property tax base of local governments (for a short-term
gain in state revenue) and put many retailers out of business. Therefore, it is critical that
Congress maintain the current prohibition of rest area commercialization and oppose H.R.1990.
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FIRST HOUSE TAX REFORM HEARING TO OCCUR DURING PMAA'S DAY ON THE HILL
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On May 18, during PMAA's "Day on the Hill," the House Ways and Means Committee will hold
the first House hearing this year on overhauling the tax code. The hearing focus will be how tax
reform will grow the economy and create jobs across America. The hearing's witnesses will be
announced next week.
Because the Obamacare replacement bill was passed last week, House members can now shift their concentration to tax reform.
Given the GOP majorities in both chambers, there is a good chance that comprehensive tax
reform could happen during the 115th Congress. Still, this effort, much like the healthcare
repeal and replace effort, is going to be challenging and tedious. Republicans are searching for
consensus among themselves as they're trying to pass a tax overhaul this year. A huge hurdle
will be how to pay for the cuts that President Trump wants in final reform. The House GOP tax
reform blueprint includes a border adjustment that taxes imports while exempting exports, an
idea that Senate Republicans say can't make it through their chamber. Furthermore, White
House economic adviser Gary Cohn and Treasury Secretary Steven Mnuchin oppose including
the border adjustment tax in a plan to reform the tax code.
PMAA continues to work with coalitions to urge Congress to repeal the estate and generation
skipping taxes and to keep bonus depreciation, step-up basis and LIFO in the final tax overhaul
package.
The May 18 hearing will start at 10 a.m. in room 1100 of the Longworth House Office Building.
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WE ARE ON A ROLL! MORE ITEMS FOR THE MAY 17 SILENT AUCTION!
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Get ready for a fun evening at the PMAA welcome reception next week! In addition to catching
up with your friends and colleagues, you will have the opportunity to bid on many fantastic
items that will be in the PMAA Small Business Committee (SBC) PAC Silent Auction.
SBC PAC co-chairs Brad Bell and Tim Keigher thank Ruben Baca and the New Mexico Petroleum Marketers Association for providing a touch of beautiful Santa Fe Native American jewelry. The one of a kind, handcrafted necklace, bracelet and earrings set by Native American artists is sterling silver with turquoise, spiny oyster, lapis, and malachite stones. The quality,
workmanship, and the authenticity is all guaranteed.
Also, two highly unique and beautiful Madison Briggs paintings that were contributed by John
Hill and the Utah Petroleum Marketers & Retailers Association will certainly drive up bidding!
Madison Briggs followed her heart and moved her life and art to a beautiful ranch home in the
mountains of Asheville, North Carolina. This Asheville artist is focused on creating colorful and
happy art to bring joy to your heart and home. She Paints the Art of Positivity! As a fine artist
and creative soul, she is a painter of calming, healing abstract landscapes, where colorful skies
and flowers abound.
The Auction will take place in conjunction with PMAA's Washington Conference on May 17
during the welcome reception. If you have items that you would like to contribute for the Silent
Auction, please contact Sabrina Pitcher or 703-351-8000.
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ANNOUNCING OUR WASHINGTON CONFERENCE PARTNER SPONSORS!
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PMAA wants to give a huge THANK YOU to our Washington Conference 2017 Partner Sponsors:
Federated Insurance, RAI Trade Marketing Services, Phillips 66, Meridian Associates, Inc.,
Renewable Energy Group, Inc., Worldpay, Spirit® and Multipoint!
Please also stop by PMAA's Elite Sponsor featuring Corporate Platinum Partner Federated
Insurance in the Grand Ballroom Foyer 1:30pm-5:30pm. This optional first-time event is
exclusive for event sponsorship of $10,000 or more.
We appreciate the loyalty and support of each of our PMAA Corporate Partners and their
continuous commitment to the petroleum industry. For more information on our Partner
Programs, please contact Susan Isard.
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Mayo Clinic's Hometown Keeps Air and Bottom Line Healthy With Biodiesel
Having cleaner air takes on added importance in Rochester, Minnesota, because the town is
home to the renowned Mayo Clinic. That's one reason why Rochester Public Transit has run on
biodiesel for nearly 20 years. But biodiesel has not only helped Rochester Public Transit keep
the city's air healthier, it is keeping the city's bottom line healthier as well by saving tens of
thousands of dollars each year.
Read more in this case study. For additional information about Renewable Energy Group, Inc.,
please visit or contact Troy Shoen. Renewable Energy Group is a PMAA Corporate Platinum
Partner.
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Get your PMAA Marketer Defense Fund (MDF) raffle tickets now for a chance to win the
Amazon Echo. It is a hands-free speaker you control with your voice. Echo connects to the AlexaVoice Service to play music, provide information, news, sports scores, weather, and more -instantly. When you want to use Echo, just say the word "Alexa" and Echo responds instantly.
The MDF will hold a raffle during the Washington, DC May 17-19 conference and the raffle
winner will be identified during the conference on May 19. The winner does not have to be
present to win. If you are not attending the conference, you will be notified the week following
the May drawing if you are the fortunate owner of the Echo.
Click
here for more information on the MDF and how to contribute.
Tickets are $25 each or five for $100. Advanced tickets are available until May 16. Ticket sales
will continue at PMAA's conference in DC until the drawing on May 19. Tickets can be
purchased with personal or corporate funds by MasterCard, VISA, American Express, cash or
check (checks should be made out to the PMAA Marketer Defense Fund). To purchase tickets
before May 12, please contact Susan Isard or 703-351-8000.
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ANNUAL HAZMAT REGISTRATION FOR EXPIRING CERTIFICATES DUE JULY 1 BACKGROUND
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The U.S. DOT's Pipeline and Hazardous Material Safety Administration
(PHMSA) requires hazardous material transporters to register and pay a fee for annual
registration in return for a certificate of operation. PHMSA began mailing the 2017-2018
registration information to HAZMAT transporters earlier this month. Only those with expiring
DOT PHMSA HAZMAT registration certificates must re-register before July 1, 2017 or risk
losing authority to operate and pay a substantial civil penalty. The validity of HAZMAT
registration certificates are checked at roadside inspections.
Q. Who must register and pay the fee?
A. HAZMAT Transporters - Any business (intrastate or interstate) shipping hazardous
materials requiring a U.S. DOT placard must register and pay a registration fee.
Petroleum marketers, heating oil dealers, common carriers of petroleum products and
propane suppliers who ship their products in trucks must register and pay the fee.
Registration is only required for expiring certificates.
Q. What happens if I don't register?
A. Loss of Operating Authority - If you fail to register by the deadline then you lose
your authority to operate your trucks in both intrastate and interstate commerce. Your
authority to operate is the certificate you receive from PHMSA once you register and
pay the fee. A current certificate must be kept in the cab of each HAZMAT vehicle at all
times. If you are subject to a roadside inspection or DOT audit and do not have a
current certificate your authority to operate will be revoked and you could be fined up
to $77,000 per day, per violation.
Q. Why is the U.S. DOT collecting the fee?
A. Emergency Response Funding -The money collected from the registration program is
given back to state emergency response authorities in the form of training grants for
fire and police and emergency preparedness organizations.
Q. How Do I know my registration is current or not?
A. Registration Look-up - Registration status may be checked on line by
clicking here:
Registration Look-Up. Enter either your company name, U.S. DOT number or zip code in
the data fields provided to check whether your HAZMAT registration certificate is
current.
Q. How do I register?
A. Registration Options - There are several ways to register:
U.S. Mail - You must register by filling out the 2017-2018 registration application and
sending it by U.S. Mail to PHMSA (along with the required fee). PHMSA generally mails
new registration forms out to all registrants. If you have not yet received a form for the
2017-2018 registration year, one may be found by clicking here: 2017 Registration
Form.
Online Registration - On-line registration is available by
clicking here: Online
Registration. On-line registration allows you to register, pay the fee and download your
operating certificate.
Q. When is the HAZMAT registration deadline?
A. Deadline - July 1, 2017 for those who have expiring certificates
Since registrations can be multiyear, not all certificates will expire on July 1. Check the
expiration date on your HAZMAT certificate or information in the Registration Look-Up
link above before registering by mail or online.
Q. What documentation should I put in my trucks after July 1, 2017?
A. Certificate Documentation - Place a photocopy of the updated certificate in the cab
of each HAZMAT motor vehicle by July 1, 2017.
Q. How much is the annual HAZMAT registration fee?
A. Two-Tiered Fee System -The annual registration fee is based business size:
Small Business Registration Fee - For registration year 2017-2018 the fee for small
small businesses is $275 for one year; $525 for two years (2017-2019) and $775 for three
years (2017-2020).
Large Business Registration Fee - For registration year 2017-2018 the fee for large
businesses is $2,600 for one year.
Q. How do I determine the size of my business so I know which fee to pay?
A. Business Size Calculation for Determining the Fee Amount - It is very likely that your
business qualifies for the lower registration fee. Determining size is left up to the company
applying for the registration certificate. PHMSA follows Small Business Administration
(SBA) size categories to classify whether a business is large or small for the purposes of
determining the amount of the annual registration fee. The SBA determines business size
according to NAICS (North American Industrial Classification System) codes based on either
the number of employees in the company or on annual gross receipts. The following NAICS
codes and size criteria apply when calculating which fee to pay:
2017 REVISED NAICS CODE 424710 - Petroleum Bulk Terminal: Wholesale
Operations - Petroleum marketers in this category sell to other merchants at
wholesale. These facilities are considered small businesses and must pay the $275
fee if the company employs fewer than 200 employees.
2017 REVISED NAICS 493190 - Bulk Petroleum Storage (Bulk Plants) - Petroleum
marketers in this category sell at retail and are considered small businesses and
must pay the $275 fee if the company employs fewer than 200 employees.
2017 REVISED NAICS CODE 424720 - Petroleum and Petroleum Product
Wholesalers (No Bulk Storage) - Petroleum marketers in this category are
considered small businesses and must pay the $275 fee if the company employs
fewer than 200 employees.
2017 REVISED NAICS CODE 454310 - Heating Oil Dealers - Heating oil dealers in
this category are considered small businesses and must pay the $275 fee if the
company employs fewer than 100 employees.
2017 REVISED NAICS CODE 454310 - Liquefied Petroleum Gas Dealers - Propane
dealers in this category are considered small businesses and must pay the $275 fee
if the company employs fewer than 100 employees.
Q. Where can I call if I have questions regarding registration filing?
Questions - For questions related to filing, please call the U.S.DOT PHMSA Hazmat
Registration desk at (202)-366-4109.
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Thank You to NPCA's Partners
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Nebraska Petroleum Marketers and Convenience Store Association | (402) 474-6691 |
www.npcainc.com |
1320 Lincoln Mall, Suite 100B
Lincoln, NE 68508
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