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Updates from NYPGA - November 21, 2014
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Governor's Emergency Declaration
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Late on November 18, NY Governor Andrew M. Cuomo declared a state of emergency as strong lake effect snow storms began to impact New York State. Noting an "imminent danger to vital public transportation, utility service and public health and public safety systems to major portions of New York State" and the "blizzard-like conditions", the disaster declaration was placed in effect for the following counties: Cattaraugus, Chautauqua, Erie, Franklin, Genesee, Herkimer, Jefferson, Lewis, Oswego, Wyoming and contiguous counties which are Allegany, Clinton, Essex, Fulton, Hamilton, Livingston, Monroe, Montgomery, Niagara, Oneida, Onondaga, Orleans, Otsego, St. Lawrence, Steuben and Wayne; effective at the beginning of November 18, 2014 and terminating at the end of December 17, 2014 unless otherwise ordered. See the Order as published NYPGA by clicking here - or any NYPGA member may email nypga@nycap.rr.com for a pdf version of that publication. |
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Legislative Activity - by Dick Brescia, NYPGA Lobbyist
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By now, we had expected the governor to call for the "container law" for delivery to his desk for consideration. S-2049 was NOT included in the last batch of bills sent to "the second floor" in late October, with the next transmission scheduled in 30 days. When the bill is before the Governor he has 10 days to sign it, veto it, or do nothing, in the latter case it will become law. If he does not call for it before the end of the session, the bill automatically is sent to the executive where he has 30 days to act, but if he does nothing, it will constitute a "pocket veto".
For now, the "Container Law" sits in the Senate, where it originated, awaiting a request from the governor's office for its transmittal to the second floor.
UPDATE: As we went to press Friday afternoon, NYPGA's lobbyist Dick Brescia was at the Capitol in response to new activity concerning the container law. We will keep readers posted.
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Regulatory - by Dick Brescia, NYPGA Lobbyist
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The NYS Energy Plan is a binding statement on the initiatives the state will pursue consistent with the "goal" for the provision of safe and reliable energy taking into account any negative externalities of the current energy mix. Unfortunately, the plan interprets this to mean diminishing the role of fuel oil and propane while expanding the use of natural gas and "renewables" including subsidies for solar projects similar to the pattern (and persons) extant in the national approach.. Funds are heavily skewed to political entities that support the current national and state administrations. The plan - the writing of which was outsourced by NYSERDA - is so poorly drawn it was not even mentioned at the NYSERDA "Winter Outlook" meeting on October 27th.
NYSDOT
The other part of our annual pre-winter routine includes a review of potential supply and transportation problems with NYS DOT and NYSERDA - which this year included a review of the rail situation, heretofore an elusive component of the "three-legged-stool" on which the industry infrastructure and product flow depend. The review of rail represents the beginning of a relationship with rail interests at DOT and the Railways of New York (RONY), the trade association for short lines in the state.
WEIGHTS & MEASURES
Under current law - Article 16, sec. 192.7.e - propane deliveries must include a delivery ticket containing all relevant information printed from a sealed meter and left with the customer at the time of delivery. Though the statute does not contemplate it, we have approached the department about substituting e-tickets at customer-request suggesting a departmental re-interpretation of the statute by executive order, or absent that, introduction of a bill by the governor or department of Agriculture and Markets in the next session. The department has agreed to review our request with counsel.
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Bill Stuffers Still Available for Finger Lakes Project
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The following is a reprint from the November 14 NYPGA newsletter:
Dear NYPGA Members:
As you know, for more than five years, our industry has been pressing Governor Cuomo to approve Crestwood's proposed Finger Lakes LPG storage facility. Yet as we approach another winter, our state's propane infrastructure is still in dire need of more propane storage capacity.
Thanks to the continued support of NYPGA and members like you, the project's permit review process is now at a critical juncture. The DEC will this month publish a draft storage permit for the facility, which will be reviewed at an Issues Conference in February 2015. In order to maximize this opportunity and ensure the swift approval of this shovel-ready project, it is imperative that the Governor hears from NYPGA, our members, and most importantly, our customers.
That is why NYPGA is asking you to include a Finger Lakes Bill Stuffer along with your upcoming customer bills. These bill stuffers (sample attached here) can be shipped and mailed to you at no cost. All you need to do to is visit the link below and request enough bill stuffers to share with your customers. All dealers that request bill stuffers will be recognized at NYPGA's Spring Conference for your efforts and will be automatically enrolled in a drawing to win a FREE iPad.
To view a sample: Bill stuffer
Educating our customers and urging them to support this critical infrastructure project is the single most important thing that we can do as an industry right now to keep prices stable, local supplies abundant, and the future of New York's propane industry strong.
Thank you again for all your continued support.
Rick Cummings
President, NYPGA
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NYPGA Joins on Tax Extenders Letter
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NYPGA joined a broad-based coalition of 528 associations, non-profits, and other groups in delivering a letter to Congress encouraging the extension of the expired tax provisions, known as the "Tax Extenders."
NPGA was successful getting every State propane association in co-signing the letter, making propane one of the best represented industries on the letter. In addition to the letter being sent to every Congressional office, the coalition conducted a robust media outreach campaign, including the publishing of full-page ads in the three daily "Hill" publications.
Several important propane-related provisions are under consideration for extension in this debate. These include the 50 cent per gallon Alternative Fuels Tax Credit and the Alternative Fuel Vehicle Refueling Property Credit. NPGA continues to work with Members of Congress and their staffs in extending these provisions. The outcome of the negotiations on a Tax Extenders package remain fluid, so NPGA will continue its efforts in having our provisions included.
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Finger Lakes Hearing Set
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Following the issuance by New York State's Department of Environmental Conservation (DEC) of a draft permit for Crestwood Midstream Partners'Finger Lakes initiative, DEC has scheduled an "issues conference" for Feb. 12, 2015 citing "extensive public interest" in the proposal. Arrests of protesters have occurred for trespass on Crestwood property, blocking traffic, and failure to disperse when ordered to do so by police. Opponents have attempted to link the project to the wider issue of to hydraulic fracturing, or "fracking", which is generally opposed by environmental advocacy groups.
NYPGA will be filing an Amicus brief in support of the project.
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NYPGA & NPGA-PERC Leadership Summit
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NYPGA joined state propane association executives from across the country this week at the NPGA/PERC Leadership Summit in Alexandria VA. The two-day program included briefings on supply, demand, infrastructure, as well as bench-marking sessions, and an excellent presentation by Michael Sloan, Principal of ICF International, entitled "2015 Propane Market Outlook: Implications of Changing Supply, Demand, and Infrastructure on Propane Marketers. " Only NYPGA Members may get a copy of the 51-page slide set by asking NYPGA for the "Sloan ICF Slides".
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Newest NYPGA Members
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Last week we published and welcomed SIX of the newest NYPGA members here. Find the NYPGA membership application by clicking here, or ask NYPGA for a copy to pass on to prospective new members. See the list of newest members in the November 14 newsletter by clicking the link to the left.
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NYPGA Board & PERC NY Meeting December 3
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The year-end NYPGA Board of Directors' meeting will be held at Buca di Beppo, 44 Wolf Road, Colonie, NY on Wednesday, December 3rd. The NYPGA Board meeting starts at 10:00 a.m. and the NY PERC Committee will follow thereafter, at approx. 1:00 p.m. For more information, contact NYPGA at nypga@nycap.rr.com
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Newsletter Distribution Passes 400 Mark
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With this issue, 425 member contacts are now receiving the weekly NYPGA e-newsletter. If by some chance you are reading this because you received it from someone other than NYPGA, please send your complete contact information to NYPGA and we will make sure you are added to the list to receive future publications directly.
NYPGA is in the process of upgrading the manner in which it maintains its contact lists, including the centralizing of all its lists into one, cloud-based database. In addition to reducing errors, this new system will allow NYPGA personnel to update member information from any computer or handheld device, 24 hours a day.
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From NYPGA President Rick Cummings
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Dear NYPGA Member:
This is the second edition of the NYPGA's Weekly Newsletter. As reported last week, the purpose of this new, weekly emailed newsletter is twofold:
First, we can now disseminate information to our members in a much more organized and efficient manner.
Second, and perhaps most importantly, we are introducing the newsletter as a way of both streamlining and facilitating communications within the organization. Over the years, much of the communication within the NYPGA has developed on an "ad hoc" basis with individual members and groups of members communicating, primarily via email. With the notable exception of Barb's "blast emails," this informal system has lead to a situation where some members are well informed of industry events while others may not be informed at all. This weekly (or sometimes more often) newsletter is an effort to remedy that situation. Our vision is that the newsletter becomes the central conduit through which the organization's information flows. As such, whenever members have news or information that they would normally share by email, we would encourage them to contact Shane or Barb and use the newsletter to "get the word out." This way the NYPGA can provide more information, to more members, more consistently and on a timely basis.
In closing, it is worth noting that the newsletter is the "brain child" of our new Executive Director Shane Sweet. I would like to thank Shane for his time and effort it organizing the newsletter. I feel it is a truly excellent start to his tenure as Executive Director.
Be well,
Warmest regards,
Rick Cummings
President
New York Propane Gas Association
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PO Box 760
Clifton Park, New York 12065
518-383-3823
518-383-3824 (Fax)
Contacts
Shane Sweet
NYPGA Executive & Technical Director
shanemsweet@gmail.com
802.558.6101 cell/text
Barbara Roach
NYPGA Associate Executive Director
nypga@nycap.rr.com
518.961.0435 cell
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2014 NYPGA Corporate Sponsors:
Kurtz Truck Equipment www.kurtztruckequipment.com
Crestwood LP www.crestwoodlp.com/wholesale
Enterprise Products www.enterpriseproducts.com
NGL Supply Wholesale www.nglsupplyinc.com
For information on sponsorship levels for 2015, contact Barb at NYPGA
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