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Updates from NYPGA - January 16, 2015
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NYPGA publishes updates like this one at least once per week, typically Friday afternoon
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DUES for 2015
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Billing for 2015 NYPGA Dues was completed last week, and NYPGA thanks those companies that have renewed to date. Member should contact the office (or check their junk or spam email folders) if they did not receive their 2015 invoice by email.
For a copy or a re-send, contact Barb at nypga@nycap.com or barbara.roach@nypropane.com.
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Report from the Hill
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Report from the Hill by Richard Brescia
NYPGA Lobbyist, January, 2015
The 2015 session of the New York State legislature opened January 7 with the election of leaders and adoption of rules and allocation of operating funds for each party with shares split 60/40. Nothing new in that.
Senator Skelos, the republican Majority Leader by virtue of a new republican majority this year was elected Senate President Pro Tempore, giving him and his caucus effective control over the senate. In the last session he functioned as head of the republican conference sharing power with Sen. Jeff Klein, head of the Independent Democratic Conference, made up of 4 senators dissatisfied with their doctrinaire colleagues, but now in search of a home since they are no longer critical to republican governance and personae non gratis with the democrats.
However, it is likely they will be importuned for votes when upstate or vulnerable republicans need to walk away from an issue leaving Senator Skelos no choice but to find and "pay for" votes from the other side of the aisle or in this case somewhere in between. It is usual, in fact, for legislative agreements to be reached by this manner: sometimes known as bi-partisanship.
On a voice vote, Senator Andrea Stewart-Cousins remains the minority leader in the senate where she has been a voice of moderation in contrast to her more left leaning colleagues. And Mr. Klein was reelected IDC chairman on a voice vote, perhaps a "soto voce" vote since his supporters were barely audible.
The assembly chose Sheldon Silver to continue as speaker where he has been a permanent fixture since 1997. (Seems longer) His majority is enough to override if necessary on any issue the senate would agree to go along with but such events are rare and unlikely.
The state has some extra cash as part of the financial settlements with the financial sector and will no doubt benefit from the bump in personal income taxes driven by stock market activity. The personal income from upper income earners produces prodigious amounts of revenue for the state and the wealth effect from a roaring stock market is producing more spending generally which leads to more sales tax revenue.
New York's future is shaky due to its hostile business climate, lack of jobs and flight of its citizens to more congenial environments. Upstate communities are in decline and in a bad mood as expressed in votes for governor who received enough NYC votes to overcome his losses upstate and the critical counties proximate to the city. He was even challenged by an unknown Fordham Law School professor Zypher Teachout who received 1/3 of the primary vote in albeit a very low turnout. Of course Governor Cuomo is still governor and these poor performances matter only if you focus on Mr. Cuomo perpetual scowl following both elections.
The irony is he has managed to alienate exactly the groups whose influence must be diminished if the state is to have a rational economic and budgetary strategy to deal with its decline and if Mr. Cuomo wants to appeal to constituencies west of the Hudson. In fact, Governor Cuomo has performed admirably well holding the budget increases to manageable levels in the face of pressure to lard NY's bloated public sector with even more cash and unfunded liabilities.
NYPGA's legislative agenda includes resurrecting the twice vetoed container law whose sponsors will assist in the approach to the governor's counsel.
Empire PERC is on the back burner at best and even if "offered" the bill by the assembly, the membership would be disinclined given the changes signed into law by President Obama to alter the pricing formula calculations used to trigger funds allocated to the consumer awareness programs.
We will continue to press our case for the Watkins Glen storage project soon to be the subject of even more regulatory entanglements and more delay.
Stay tuned for more from Albany where about 1800 bills have been introduced, including three pre-filed to control fracking, no longer an issue since the governor deferred to two agency reports warning of unknown health effects.
A few bills of interest to the propane industry are listed below in including A-54, our Empire PERC which passed the senate (again) last year but introduced too late for consideration in the session by committee chair Paulin. A "staff" draft-version completely distorted our PERC and the federal act passed in 1997 despite the inclusion in last year's PERC bill of training for non-propane technicians to our courses on a non-discriminatory basis and a prohibition of holding oneself out to be certified unless the requisite CETP courses were completed. Of course President Obama's signature to a law allowing for a recalculation of relative energy prices that might enhance PERC funds could make NY's PERC bill far less important.
Assemblyman Dinowitz's "price-gouging" bill (A-120/S-1122) reflects concerns arising out of Sandy and other emergencies as outlined in the S-1029 establishes a separate division of minerals as a more autonomous entity presumably to deal more independently with oil, gas and solution mining matters like propane storage caverns and fracking, though the bill may be moot since it was introduced prior to the governor's act to ban the practice.
S-43 to transfer the NYS Canal system to NYS DOT from the NYS Thruway Authority is interesting because originally the canal system was "sold" to the authority by DOT or by a state agency to state authority that used bonds to purchase it. Yes, the state sold to itself what it owned but got funds by issuing thruway bonds to pay itself. Only an 'authority" has bonding power, a state agency or the state for that matter does not. This will have implications because three years ago the NYPGA and other business interests went on record in opposition to a significant increase in thruway tolls needed to defray the astronomical expected cost of the new Tappan Zee Bridge. So rather than spread the cost of the bridge among thruway users, all fuel users will meet the costs possibly through increased taxes. [See articles 12, 13A and 15 of the tax law which produce a lot of money]
S-1029 establishes a separate division of minerals as a more autonomous entity presumably to deal more independently with oil, gas and solution mining matters like propane storage caverns and fracking, though the bill may be moot since it was introduced prior to the governor's act to ban the practice.
2105 Legislative Session - Bills Followed
A00120 Summary:
SPONSOR Dinowitz (MS)
Amd S396-r, Gen Bus L
Creates a private right of action for unlawful price gouging for injunctive relief and recovery of actual damages or $1000 whichever is greater, or both, in addition to right of action granted to attorney general; permits the court to award a prevailing plaintiff an additional penalty of up to $5,000 for a willful or knowing violation and reasonable attorney's fees.
A00054 Summary:
SPONSOR Paulin (MS)
COSPNSR Galef, Lupardo, Otis, Schimminger, Crouch, Skoufis
MLTSPNSR Ceretto, Lupinacci, McDonough, Rivera, Skartados, Thiele. Add Art 14 SS14-101 - 14-109, Energy L; add S391-aa, Gen Bus L
Implements the New York propane education and safety act; authorizes the creation of certain propane education programs; requires the creation of a New York propane education and safety council; enumerates the duties and purposes of the New York propane education and safety council.
A01089 Summary:
BILL NO A01089
SPONSOR Ortiz
Authorizes the commissioner of transportation to conduct a study regarding the feasibility of expanding freight railroad service within the state.
S01122 Summary:
SPONSOR SQUADRON
Amd S396-r, Gen Bus L
Relates to price gouging; imposes criminal penalties for price gouging; removes language relating to the declaration of a state of emergency; increases civil penalty; authorizes a district attorney to enforce provisions.
S01039 Summary:
SPONSOR AVELA
BILL NO S01039
Add Art 28 SS825-a - 825-k, Exec L; amd SS1-0303, 23-0101 & 23-0313, En Con L
Transfers certain powers and duties of the department of environmental conservation to the newly established division of mineral resources; provides that such division shall be responsible for ensuring the environmentally sound, economic development of New York's non-renewable energy and mineral resources for the benefit of current and future generations; provides for monitoring the extraction of oil and gas, and requires the reclamation of land after mining.
BILL NO S00483
SPONSOR GALLIVAN
COSPNSR RANZENHOFER
Rpld S2 sub 21, S69-a, amd Can L, generally; amd S19, Pub Off L; amd SS209-a & 92-u, St Fin L; amd SS30 & 45-cc, Nav L; rpld Art 21, Transp L; amd S168, Ec Dev L; amd SS9-1705, 73-0105 & 73-0107, En Con L; amd S41, R & SS L; rpld S351 sub 13, SS382 & 383, S2897 sub 6 e, amd Pub Auth L, generally
Transfers control of the New York state canal system to the department of transportation.
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Bobtail Availability Update from Kurtz
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Bobtail Availability Update from NYPGA member Kurtz
Roger Smith of NYPGA member Kurtz Truck provided NYPGAwith an update last week on the availability of new bobtail tanks. The "good news is that there is no longer a tank head shortage" but Roger adds they "are plentiful and cost more!"
The "bad news (not really bad if you plan properly)" is that backlogs continue at the tank manufacturers. At present, according to Roger's communications with Arrow Tank & Engineering, a truck tank order placed today would be built & certified in October 2015 (a 10 month lead time)and Roger adds that propane retailers "almost need to be ordering replacement trucks a year in advance of the needed delivery date."
Roger further reports that his sources maintain that the "heavy demand and backorder may well continue into the summer of 2016."
Variables include tank heads in short supply (again), manufacturing equipment issues. weather, strikes, natural disasters, and so on. Roger notes that
He has ordered and locked in the build slots for 40 new tanks in 2015, to be built in May to October 2015. First come, first served, Roger reports and adds "when they're gone, they're gone..........if we can help you, give me a call."
Readers may contact Roger directly at Kurtz Truck Equipment Inc., (800) 848-3468 (Main office & shop), (607) 423-1608 (Cell) or Roger@kurtztruckequipment.com
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AutoGas
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In August 2014, the NYPGA Autogas Committee launched a program to rebate nine vehicle propane purchases/conversions at $5,000 per vehicle. Budgeted funding was exhausted by October 1 at which time additional funding was requested and received for another eight vehicle rebates at $5,000 each. Funding for the eight additional requests has been spent.
Based on the success of the 2014 program, the Autogas Committee has received funding to offer an additional fifteen vehicle rebates at $4,000 in 2015. The incentive rebate amount has decreased to allow for a greater number rebates to be given.
Should you have questions regarding the program, please contact David Williams, Autogas Committee Chair, dwilliams@noco.com or the NYPGA office.
Thanks to all for their interest in this very successful NYPGA program.
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NYPGA TRAINING CALENDAR
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NYPGA Training Committee Chair Amber Lafountain of Helmers Fuel has the 2015 NYPGA Training Calendar in draft. Look for publication in the coming week as NYPGA secures training. NYPGA thanks to Amber for her work. Contact NYPGA at nypga@nycap.rr.com to be added to the list for training notices. If you get the NYPGA newsletter, you will get notice.
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Membership in NYPGA
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NYPGA regularly publishes the name of new members here, as well as those that sponsored the new member. Ask us for a recent list of NPGA member companies - and/or - get a membership applicationto pass on to prospective members.
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| 2015 Sponsors thus far | |
NYPGA is pleased to announce the 2015 Sponsorship commitments received as of today are as follows: 
Corporate Sponsors
A.R.M Solutions
Crestwood
Kurtz Truck Equipment Inc  
NGL Supply Wholesale
Ray Murray Inc
 Advertising Sponsors Bergquist Inc
Crown Energy Solutions LLC
Hiltz Propane Systems  Smith Gas Liquids It is early yet and the form is available via the link in this sentence or by emailing Barb at  nypga@nycap.rr.com 1/9, 1/16 |
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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
855-NYS-1075 (855-697-1075) FAX
 | | scan this QR code to add Shane Sweet of NYPGA to your phone address book |
Barbara Roach
NYPGA Associate Executive Director
nypga@nycap.rr.com
518.961.0435 cell
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2015 NYPGA Corporate Sponsors:
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