by Mathew Norris

IPGA Government Consultant

Krieg DeVault

This week marks the end of the first half of the 2024 legislative session. This week’s report will run you through all of the most important happenings of the first 5 weeks of session. You will note that all bills that did not advance before first half session deadlines have been removed from your bill tracks. Also notable, the filing deadline for candidates running in primary elections is this Friday, February 9. 

Of note to the IPGA, HB 1162 passed the House last week 89-8 and will now move to the Senate for consideration. This legislation contains IPGA’s language to expand the driver applicant pool by permitting CDL drivers between 18 – 20 years old to obtain their HAZMAT endorsement for intrastate routes. 

A full legislative activity report can be found here.

Friday, April 5, 2024 | 7:00am-9:00am

Plan now to join us for the IPGA Board & Membership Meeting during the 2024 Southeastern Convention & International Propane Expo in Charlotte, North Carolina. All members are welcome to attend and breakfast will be provided.

The DOE has released the final cooktop rule, which NPGA supports. The compromise allows for gas cooktops to use 1770 kBtu/year, a significant change from the standard proposed in the February 2023 rulemaking of 1204 KBtu/year. The compromise is only a minor deviation from the baseline standard reviewed by DOE in the proposed rulemaking, which was initially 1775 KBtu/year. This compromise should result in consumers having access to all of the features in their stoves and ranges that they have come to expect and enjoy, and have no meaningful effect on the gas stove market. 

For further information on the compromise, which includes product classes beyond consumer cooktops, please contact NPGA Vice President of Regulatory & Industry Affairs Benjamin Nussdorf.

Save the Date

The Indiana, Michigan and Ohio Propane Gas Associations are collaborating once again to bring you one, joint summer convention in 2024 and this year it's our turn to host! Plan now to attend the Great Lakes Propane Convention in Indianapolis, July 23-25. This convention is held every other year in place of each state's annual convention and the location rotates throughout the three participating states. Don’t miss this unique opportunity to collaborate with your propane colleagues in neighboring states.

Sponsorship Opportunities

You don't want to miss this opportunity to promote your products and services at the Great Lakes Propane Convention! Together, these associations are asking for your support. This unique event will only be offered every other year. Packages range from $500 to $2,000 and include a wealth of benefits. Sign up today!

The Corporate Transparency Act (CTA) was signed into law on January 1, 2021 and went into effect January 1, 2024. The CTA’s goal expanded anti-money laundering laws and established new reporting requirements for certain companies doing business in the U.S.

Beginning in 2024, many small businesses are required to report information about their beneficial owners to the Financial Crimes Enforcement Network (FinCEN) in an effort to create a national database for use by national security and law enforcement agencies to prevent the use of shell companies for criminal activity.

Failure to file this information could be costly. Not filing ownership information with FinCEN can carry civil and criminal penalties, including for companies’ senior executives. Willful failure to comply can lead to fines of up to $591 per day for each violation.

The pressure to comply is particularly urgent for new companies. Entities created in 2024 have just 90 days to file after initial registration. Companies created before 2024 have one year to file the report with FinCEN.

The reporting requirements exempt businesses with more than 20 employees and many heavily regulated public entities, which means the focus of the CTA is on small and private companies. Yet, many small businesses are unaware of these new requirements. The IPGA wants to make you aware of these requirements. Below is a summary of the key provisions related to beneficial ownership reporting under the Corporate Transparency Act.

Who Must File?

The CTA applies to certain domestic and foreign entities, including corporations, limited liability companies (LLCs), and similar entities created or registered under state law in the U.S. Entities that meet one of the 23 exemptions do not have to report. Included in the exemptions list are publicly traded companies, banks and credit unions, securities brokers/dealers, public accounting firms, tax-exempt entities, and certain inactive entities, among others. Please note these are not blanket exemptions, and many of these entities are already heavily regulated by the government and thus already disclose their BOI to a government authority. In addition, a large operating company that 1) employs more than 20 full-time employees, 2) has more than $5 million in gross revenue in the prior year, and 3) has an office in the U.S. is exempt from reporting.

Reporting Obligations

Covered entities must submit beneficial ownership information to the FinCEN, a part of the U.S. Department of the Treasury. Beneficial owners are individuals who meet certain ownership or control criteria, which include individuals who directly or indirectly:

• Own 25 percent or more of the entity's equity interests, or
• Exert substantial control over the entity through other means (i.e., serve as a senior officer, have substantial influence over important decisions, etc.)

The IPGA encourages you to consult with your accountant and/or legal advisor about these new requirements.

The Indiana Propane Gas Association is pleased to announce the 2024 Employee Training schedule. IPGA offers certified and non-certified employee training for those employed in the propane industry or looking to obtain propane training certification. To make training more accessible to everyone, classes are held in multiple locations. Classes are open to members and non-members and pre-registration is necessary. Consider sending your employees to this valuable training.

The Federal Transit Authority (FTA) has announced the availability of nearly $1.5 billion to replace, rehabilitate, purchase, or lease buses, related equipment, or facilities with alternatives like propane autogas under the Buses and Bus Facility Program and the Low or No Emission Grant Program. States, local governmental authorities, Indian Tribes, and fixed-route bus operators and services are eligible applicants. Grant funds can cover 80-90% of project costs, and grant funds are available to awarded projects for four fiscal years. 

Last year, propane received nearly $44 million in grant funding through this program to purchase propane buses and install propane fueling infrastructure. The diverse recipients ranged from major cities to rural communities to tribal nations in Colorado, Minnesota, Mississippi, Oklahoma, South Dakota, Texas, and Ohio. 

Visit the Propane Buses tab on the member dashboard for more information on how to apply, links to register for an information webinar, and a template letter to send to eligible localities within your state. 

Questions? Contact NPGA Director, Regulatory Affairs & Associate General Counsel Kate Gaziano.

On February 8, 2024, the NPGA Board of Directors formally approved a new business council within NPGA: the Young Professionals Council (YPC). The primary goals of the YPC are to support the professional development of emerging leaders in the propane industry through education sessions and webinars, to facilitate direct access of young professionals to NPGA leadership, and to create a pipeline of voluntary association leaders.  The YPC is aligned with Women in Propane (WIP) and Young Gassers.  The 30-under-30 program will be housed within the YPC. The YPC is a formal business council, has a dues structure similar to WIP, a 5-person steering committee with a dedicated NPGA staff liaison, and has membership limited to those 40 and under working for an NPGA member company.  The YPC will launch at the 2024 Southeastern Expo in Charlotte. 

For more information, contact NPGA YPC Staff Liaison Austin Wicker. 

by Amy M. Levander

Executive Director and Chair of Governmental Affairs Practice

Kreig DeVault

1. Indiana General Assembly Halftime Report 

In this year’s short session, strengthening Indiana’s childcare structure has been a top priority for both chambers, with the House passing HB 1102 and the Senate passing SB 2. The Senate passed two bills to address reading skills and proficiency in SB 1 and  SB 6 for the House to consider, and this issue was also identified by Governor Holcomb in his State of the State address as an important priority. As always, while most legislation was passed with large majorities and bipartisan support, there were some controversial issues, including the repeal of the Indianapolis Mile Square Economic Enhancement District authority in HB 1199. While a replacement mechanism is included as part of HB 1121, Downtown Indy, the Indy Chamber, and various downtown businesses are opposed to the repeal of the sustainable funding source that the EED provides. Finally, one bill has already been passed by both chambers and signed into law by the Governor: HB 1383 concerning various wetlands definitions and requirements. 

2. US Senate 

In the US Senate Race, Congressman Jim Banks (IN-03) is the strongest candidate in the field, with the benefit of the Indiana Republican Party’s formal endorsement and about $3 million in cash on hand to start 2024. Banks is being challenged by businessman John Rust, who faced an uphill battle for ballot access. Indiana’s current law states that a person must have either voted in a party’s previous two primary elections or have approval from the county party chair where they reside to gain ballot access. Rust was not able to meet either of these requirements but was successful in a lawsuit against the Indiana Secretary of State and other parties, where a Marion County judge ruled that the law was unconstitutional. Assuming he prevails in the primary, Banks will face former Democratic legislator Marc Carmichael or former Democratic US Senate candidate and psychologist Valerie McCray in the fall. 

3. Governor 

The biggest race in Indiana’s primary election will be the Republican race for Governor, as current Governor Eric Holcomb cannot run again due to term limits. While there are six official candidates, five hopefuls stand out as legitimate contenders. Publicly released polling shows current US Senator Mike Braun with a commanding lead, but Lieutenant Governor Suzanne Crouch and businessmen Brad Chambers and Eric Doden all have sizeable war chests and are campaigning across the state. Former Attorney General Curtis Hill is also a contender. The winner of the primary will likely face former Republican Superintendent of Public Instruction Jennifer McCormick, who changed parties and is the Democrats’ chosen candidate for the race. 

4. Lieutenant Governor and Attorney General 

General election candidates for the other statewide offices of Lieutenant Governor and Attorney General will be determined at each party’s convention, which the Republicans will hold on June 15 and the Democrats will hold on July 13. Typically, convention delegates select the preferred running mate of the party’s candidate for Governor, but Noblesville pastor Micah Beckwith has launched a campaign for the position without affiliating with any particular candidate. While none of the gubernatorial candidates have officially announced potential running mates, Congressman Greg Pence (IN-06) declined to run for re-election and is supporting Lieutenant Governor Crouch, with speculation that he would be her choice for the position. With the crowded state of the Governor’s race, candidates announcing their choice for Lieutenant Governor may be a chance to differentiate themselves and gain support for the May primary. 

Convention delegates will also select their respective nominees for Attorney General. Incumbent Republican Todd Rokita has been beset by controversy, including the recently released disciplinary agreement in which he was reprimanded by the Indiana Supreme Court for his comments regarding Dr. Caitlin Bernard last year. Republicans may be interested in nominating a less controversial candidate at convention, as they did when Todd Rokita beat the then-incumbent Attorney General Curtis Hill in 2020, and potential candidate names that have emerged include Madison County Prosecutor Rodney Cummings, Hamilton County Republican Party Chair Mario Massillamany, and state Senator Aaron Freeman. On the Democratic side, army veteran and 2022 Secretary of State candidate Destiny Wells and nonprofit executive and former Marion County Clerk Beth White have both announced their candidacies. As Sabato’s Crystal Ball put it in an article from January 31 when the rating for Indiana’s Attorney General race was updated from Safe Republican to Leans Republican, “It would be a heavy lift for any Democrat to beat Rokita—no Democrat has won a statewide contest in Indiana since 2012—but a Democratic win is no longer outside the realm of possibility.” 

5. State Legislative Elections 

Due to impending retirements, the General Assembly was already guaranteed to look significantly different next year. A host of challenger filings could make for an even more drastic change. Nine incumbents will not return to the legislature next year, either due to retirement or because they are running for Congress. 

In addition, numerous incumbents will be facing primary challenges this Spring. Senators with a primary challenge include the following: 

• Sen. David Vinzant 

• Sen. Brian Buchanan 

• Sen. Mike Bohacek 

• Sen. David Niezgodski 

• Sen. Justin Busch 

• Sen. Jean Breaux 

• Sen. Mike Young 

• Sen. Rod Bray 

Representatives with a primary challenger include the following: 

• Rep. Ragen Hatcher 

• Rep. Jake Teshka 

• Rep. Sharon Negele 

• Rep. Jeff Thompson 

• Rep. JD Prescott 

• Rep. Heath VanNatter 

• Rep. Greg Steuerwald 

• Rep. Alan Morrison 

• Rep. Beau Baird 

• Rep. Bruce Borders 

• Rep. Joanna King 

• Rep. Lorissa Sweet 

• Rep. Ben Smaltz 

• Rep. Matt Hostettler 

• Rep. Zach Payne 

• Rep. Alex Zimmerman 

• Rep. Jim Lucas 

• Rep. Karen Engleman 

• Rep. Jennifer Meltzer 

• Rep. Martin Carbaugh 

• Rep. John Bartlett 

• Rep. Justin Moed 

• Rep. Vanessa Summers 

A link to the full list of candidates, courtesy of State Affairs and Howey Politics Indiana, can be found here.

The information contained herein is provided as a service by the Indiana Propane Gas Association (IPGA) for the purpose of education, communication, and information and IPGA accepts no liability relative to the contents, accuracy or use of these services. Nothing in this publication is intended to be construed as legal advice. The user is strictly cautioned to seek legal assistance when attempting to determine any legal rights, responsibilities and procedures with respect to business affairs, coding, or other legal aspects of operating a propane company. IPGA disclaims any and all liability for injury and/or other damages which result to a user from the material offered or discussed herein.



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Indiana Propane Gas Association

317.655.4444