THE VOICE AND RESOURCE FOR IOWA’S FUEL INDUSTRY
STRATEGIC PLANNING
pg. 4
TAXABILITY OF ABOVEGROUND TANKS
pg. 8
CAMP COURAGEOUS 45TH ANNIVERSARY
pg. 10
VOLUME 81, NO.3 2026 MAY / JUN
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1
FE A TUR E S
ON THE COVER 45TH ANNUAL BENEFIT FOR CAMP COURAGEOUS
4
STRATEGIC PLANNING
8
TAXABILITY OF ABOVEGROUND TANKS
10
CAMP COURAGEOUS 45TH ANNIVERSARY
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HUMAN TRAFFICKING VISIBILITY
IN TH IS IS S UE 22
IOWA RETAILERS WORK TO MEET E15 SAFE HARBOR
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THE PETROLEUM REVOLUTION
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2026 FUELIOWA END OF SESSION REPORT
WHAT' S I N THI S I S S UE
Gary
This issue highlights the people and priorities driving FUELIowa forward. Gary Koerner shares how strategic planning and a strong financial position are helping the association invest in advocacy, member services, and future growth. John Maynes provides an update on the legislative session, E15 implementation, and a landmark Iowa Supreme Court victory on the taxability of aboveground tanks. Sarah Bowman brings the industry's story to life through coverage of the 45th Annual Benefit for Camp Courageous and a personal look at how convenience stores can help combat human trafficking through simple but impactful awareness efforts. Jim Ewing shares a look at 250 years of liquid fuels and the industry's role in powering America. You'll also find a session recap from our lobbyists Marc Beltrame and David Peck, and a preview of SUMMERFEST 2026 as we continue working together to strengthen Iowa's fuel industry.
10430 New York Ave Suite F Urbandale, IA 50322 p (515) 224-7545 f (515) 224-0502 info@FUELIowa.com www.FUELIowa.com 2
Together, We FUEL Iowa! Gary
M E S S A G E FROM THE C HAIR Dear FUELIowa Members, With legislative session now closed and summer heating up, the past few months have been very busy and rewarding for FUELIowa members. One of the biggest victories came with the recent Iowa Supreme Court's decision on the taxability of aboveground storage tanks. This landmark ruling is the result of years of hard work and persistence from FUELIowa, its partners, and key members and will provide meaningful relief and certainty for fuel marketers, propane distributors, farmers, and customers across Iowa. The 2026 legislative session also delivered important wins for our industry. FUELIowa helped defeat a proposed fuel tax indexing plan that would have automatically increased fuel taxes on Iowa consumers. Additionally, or advocacy team protected retailers from a cigarette tax increase, secured lower-than-proposed taxes on nicotine and vapor products, reduced the state's minimum spirits order requirement from $1,000 to $500, and supported liability protections for fuel retailers related to greenhouse gas claims. These successes are a direct result of strong advocacy and
EXECUTIVE COM M I TTEE Nate Lincoln Chair Lincoln Farm & Home Service LLC Glenwood 712-527-4833 Jason Stauffer Vice Chair NEW CENTURY FS Ames, 515-370-3127
member engagement throughout the legislative process. Lastly, I also want to thank everyone who helped make our 45th Annual Benefit for Camp Courageous such a tremendous success. Through the generosity of our sponsors, golfers, donors, and volunteers, we raised $40,000 to support an organization that changes lives every day. Events like this remind us of the impact we can make when we come together.
Dennis Jaeger Treasurer Molo Companies Dubuque 515-845-8359
As we celebrate these accomplishments, the Board, committees, and staff are beginning our annual strategic planning process to identify priorities and opportunities for the year ahead. I hope you'll join us August 6-7 in Okoboji for SUMMERFEST to reconnect with industry friends, enjoy time with family, and learn more about the future direction of FUELIowa. I look forward to seeing you there.
Tessa Anderson Past Chair Rainbo Oil Dubuque 563 - 526-1179
Together we FUELIowa
Nate BOA RD O F D I R E C T O R S Chad Besch Director NEW Cooperative Algona | 515-295-2741
Dave Reif Director Reif Oil Company Burlington | 319-750-5405
Nate Stumpf Director HTP Energy Onalaska, WI | 608-779-6624
Don Burd Director Otter Creek Country Store Cedar Rapids | 319-533-1825
Scott Richardson Director Key Cooperative Roland | 515-291-0623
Kathy Gunlock Associate Director Core-Mark / Farner-Bocken Carroll | 531-777-6104
Brett Kimmes Director Kimmes Country Stores Carroll | 712-775-2202
Inder Singh Director Brew Oil LLC Storm Lake | 712-299-0838
Cara Ingle Associate Director Unified Contracting Services Des Moines | 515-266-5700
Keith Olsen Director Olsen Fuel Supply Atlantic | 712-243-2340
Cody Staab Director Casey’s General Stores Ankeny | 515-381-5815
Kyle May Associate Director Reynolds American Winston Salem, NC | 828-291-9049
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Ed Rogers Associate Director Midwest Petroleum Equipment Des Moines | 515-491-9891
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Summer Is Here… and the Time Is Right for Strategic Planning
By Gary Koerner, CEO, FUELIowa
As another legislative session comes to a close and we look forward to a full slate of summer events, it also marks the beginning of one of the most important times of the year at FUELIowa: strategic planning.
Each year, our Board of Directors, Government Affairs Committee, and lobbying team begin the process of evaluating the legislative and regulatory issues facing our industry and developing priorities for the year ahead. Those priorities help shape not only our advocacy efforts, but also the investments we make on behalf of our members. At the same time, we begin developing our annual budget. Working closely with our Treasurer, Dennis Jaeger of Molo Companies, and members of our Finance Committee, a proposed budget and accompanying strategic plan will be presented to the Board at our August meeting. Once
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approved, we will share those plans with members during our Annual Meeting and SUMMERFEST in Okoboji. A strategic plan and budget must work hand in hand. The budget provides the resources, while the strategic plan provides the direction. As we begin this process, I wanted to share a few of the initiatives and opportunities currently being discussed.
The good news is that FUELIowa is in a very strong financial position. That strength allows us to do more for our members, invest in new opportunities, and put additional resources behind the programs and services that matter most. It also allows us to continue delivering value without increasing dues. In fact, as I promised during the UMCS meeting in St. Paul this past April, there will be no dues increase again this year. If approved by the Board, that will mark thirteen consecutive years without a dues increase—a record we are proud of, especially considering the inflationary environment businesses have faced over that same period. Advocacy will continue to be our highest priority. We are planning to increase financial support for our government affairs efforts again this year, including maintaining a strategic initiative fund that can be deployed—with Board approval—to advance legislative priorities or defend against the constant challenges and attacks our industry faces. As
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every member knows, success in advocacy requires preparation, flexibility, and the ability to act quickly when opportunities or threats emerge. We also plan to continue investing in our member benefit programs. That includes our long-standing partnership with EMC Insurance and our HEALTHAlliance Benefit Plan. These programs continue to provide significant value to members while helping strengthen the overall competitiveness of Iowa's liquid fuels industry.
Likewise, we are making substantial investments in RINAlliance following another outstanding year from our RIN management team. Their continued success is creating opportunities for future growth and innovation that ultimately benefit our members and the association as a whole. Another exciting development is the formation of our new Propane Committee, which recently held its first meeting. The committee includes Keith Olsen of Olsen Fuel Supply, Shannon Martin of New Century FS, Henry Jessen of Johnson Propane/Cylinder Express, and Jason McDermott of McDermott Oil. Their mission is to identify opportunities that strengthen our propane-related programs, enhance the value of our EMC Property & Casualty Program, and improve member access to safety, compliance, and training resources. As we all know, investments in safety, compliance, and training play a critical role in
reducing claims and helping maintain strong year-end safety dividends. Like all FUELIowa committees, this group brings together industry experts who will evaluate opportunities, develop recommendations, and help guide future strategic investments. Several new initiatives are also being evaluated. One example is our website. The current site has served us well for more than a decade, but technology has changed dramatically during that time. We are exploring whether a new platform could better serve members, improve efficiency, and create new opportunities for communication, education, and engagement. These are just a few of the areas where we are looking to invest and enhance member value. There will undoubtedly be additional opportunities and priorities discussed as we move through the planning process. I encourage you to reach out to me or any member of our Board of Directors to share your ideas, observations, and feedback. We want to ensure our strategic plan and annual budget reflect the needs of all our members and continue positioning FUELIowa and our industry for long-term success.
It is an exciting time to be part of FUELIowa. We are fortunate to be in a position where we can fund meaningful initiatives, expand services, and continue investing in the future of our industry. Equally important, we are seeing tremendous engagement from our 5
Board, committees, and members as we work together to position Iowa's liquid fuels industry for long-term success. As always, I am just a phone call away if you have questions, concerns, or ideas you would like us to consider as we develop next year's strategic plan and budget. I look forward to presenting the final budget and strategic priorities in Okoboji this August. I hope to see you there. Together, We FUEL Iowa! Gary Koerner CEO, FUELIowa
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Iowa Supreme Court Issues Ruling on Taxability of Aboveground Tanks
By John Maynes, President, Government Affairs, FUELIowa
The wheels of justice move slowly. Finally, after nearly seven years of legal challenges, the Iowa Supreme has issued a ruling on the taxability of aboveground storage tanks. In a decision titled Chickasaw County Board of Review v. Iowa Property Assessment Appeals Board and Growmark, filed on June 5, 2026, the Iowa Supreme Court affirmed a decision from district court in Chickasaw County and held that the eleven 90,000-gallon propane storage tanks at issue were not assessable as real property under Iowa Code section 427A.1. The decision by the Iowa Supreme Court concludes a lengthy legal battle with county assessors across the state. FUELIowa alone supported appeals centered around the taxability of aboveground storage tanks at ten facilities across the state. In all instances, the respective court sided with the tank owner and held that the tanks were not assessable as real property under Iowa’s statute.
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In addition to the district courts, the
and dozens of decisions in favor
Court decision filed on June 5,
Iowa Court of Appeals, and now the
of tank owners before Iowa’s
2026 applies to any aboveground
Iowa Supreme Court rulings, Iowa’s
Property Assessment Appeals
storage tank with a capacity up to
Property Assessment Appeals Board
Board. All of these challenges
90,000 gallons.
has hundreds of aboveground
filed against taxapayers were
tank assessment appeals pending
likely on the taxpayers dime. I
It’s possible that your inquiry to your
before their bench. With the Iowa
don’t have a monetary figure to
county assessor to have your tanks
Supreme Court decision issued on
place on the amount of taxpayer
removed from your tax roll may
June 5, taxpaying tank owners with
money wasted by assessors, but I
be met with administrative hurdles
a pending appeal should see their
do have plans to find out.
due to timing. Nonetheless, odd-
appeals resolved quickly in the near future.
numbered years afford taxpayers With the favorable Iowa Supreme
a formal right to appeal their
Court decision now firmly in
property tax assessment before
Through the process of challenging
hand, FUELIowa members are
the taxing authority’s local Board
tank related assessments at the
encouraged to review their
of Review. Appeal hearings before
county level, we’ve learned many
property assessments through the
your county Board of Review are
lessons with regard to the power
Beacon platform to determine
very straightforward and there’s no
stored within county assessor
whether your tanks are being
need for legal representation.
offices. County assessors operate
included in your assessment.
with a tremendous amount of
Transparency comes in all shapes
Assessment’s should arrive in late
autonomy and are only loosely
and sizes among assessors
March or early April. Upon receipt,
overseen by the Iowa Department
and there is no one size fits all
you will have a 30-day window
of Revenue. While the state
template for assessments. Often
to respond, appeal, and request
legislature passed what they are
times, tanks are referenced within
a hearing. The reason for your
calling comprehensive property
the “yard extras” category and if
appeal will be the assessment at
tax reform for taxpayers across
you have any trouble determining
your facility is contrary to the law
the state, without checks and
the tax status of your tanks at
and you should to cite the June 5,
balances applied to assessor
your facility, I encourage you
2026, Iowa Supreme Court decision
offices across the state, the true
to contact your assessor and
in Chickasaw County Board of
impact of the property tax reform
ask them directly. Alternatively,
Review v. the Iowa Property
package passed this year will
give me a call and we can work
Assessment Appeals Board and
be better judged in the coming
through the issue together.
Growmark as the basis for your
years as county assessors prepare
claim for relief.
future valuations and look to offset
After learning the status of your
revenues lost from the property
tanks using the Beacon platform,
FUELIowa members are
tax reform package passed this
reach out to your county assessor
encouraged to contact John
legislative session.
and ask him or her to remove
Maynes with any questions
the tanks from the tax roll at
about the process of having your
As an example of the lack of state
your facility. In the past, tank
aboveground tanks removed from
oversight of county assessor offices,
owner’s requesting removal
your tax roll. The Supreme Court
county assessors used taxpayer
have been met with resistance
decision serves as a victory for
money to deny tank owners
from assessor’s centered on the
Iowa’s rural fuel distribution network
property tax relief by attempting
contents, orientation (horizontal
and benefits fuel marketers,
to drown out challenges using the
v. vertical), and size of the tank.
commercial and residential end-
cost of the legal process. In fact,
Fortunately, the Iowa Supreme
users, and farmers alike. Be sure to
assessors were brazen enough to
Court decision makes clear that
share this news with your customers
hire private legal counsel to carry
content and orientation are of
throughout Iowa so they can enjoy
their challenges all the way through
no consideration in the taxability
the relief as well.
to the Iowa Supreme Court after
of an aboveground tank. As it
double-digit district court rulings,
relates to the size of a tank, at
an Iowa Court of Appeals ruling,
a minimum, the Iowa Supreme
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FUELIowa’s 45th Annual Benefit for Camp Courageous
By Sarah Bowman Director, Communications & Events FUELIowa
A little rain wasn't enough to dampen the spirit of generosity at FUELIowa's 45th Annual Benefit for Camp Courageous, held June 8 at Riverside Casino & Golf Resort. What began in 1981 as a fundraising effort to support Camp Courageous has grown into one of FUELIowa's most cherished traditions. For 45 years, fuel marketers, suppliers, business partners, and friends from across Iowa have come together to support a cause that makes a lasting difference in the lives of Iowa children. This year's event was a fitting celebration of that legacy. The day began with cloudy skies and scattered rain showers, but the weather quickly turned in our favor. As golfers gathered for registration and prepared to hit the course, the clouds broke and sunshine emerged, creating the perfect backdrop for a memorable day of golf, fellowship, and fundraising.
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Golfers enjoyed a full day of activities, including a putting contest, pin prizes, and plenty of friendly competition on the course. More importantly, they came together with a shared purpose: supporting the children served by Camp Courageous. One of the highlights of the day was the participation of a large group of Iowa Hawkeye football players, who generously took time out of their schedules to join golfers on the course. Their presence added excitement throughout the day, provided plenty of opportunities for photos and conversations, and helped make the event even more memorable for participants. After an enjoyable afternoon on the links, golfers gathered for dinner and the evening auction and awards. FUELIowa CEO Gary Koerner once again stepped into the role of auctioneer, bringing his trademark energy, humor, and enthusiasm to the festivities. As always, the auction proved to be one of the evening's most anticipated events, with attendees enthusiastically bidding on a wide variety of unique items and experiences. Among the most sought-after auction packages was a Caitlin Clark collector's bundle featuring a signed Iowa Hawkeye basketball jersey, a signed water bottle, and a signed Indiana Fever trading
helps create opportunities, experiences, and lifelong memories for Iowa children and their families.
card. The package generated significant excitement throughout the room and quickly became one of the evening's premier auction items. After spirited bidding, the coveted package was ultimately won by Randy Woodard. The competition on the golf course was equally spirited. Congratulations to the team from Holmes Murphy, which captured this year's tournament championship and took home the coveted trophy. Their strong play earned bragging rights for the coming year, although the true winners were the children who will benefit from the funds raised through the event. While final fundraising totals are still being calculated, early estimates indicate that this year's event raised more than $40,000, making it one of the most successful Benefits for Camp Courageous in FUELIowa history. Organizers believe the final total could set a new fundraising record—a remarkable achievement as the event celebrates its 45th anniversary.
Forty-five years after the first tournament was held in 1981, the mission remains unchanged: bringing people together to support Iowa kids and the incredible work of Camp Courageous. Judging by the enthusiasm and generosity displayed at Riverside, that tradition remains as strong as ever. As final fundraising totals are calculated, one thing is already clear: the impact of this event extends far beyond a single day on the golf course. It is measured in smiles, friendships, confidence, and experiences that will stay with campers for years to come. Thank you to everyone who sponsored, attended, donated, volunteered, and participated in making the 45th Annual Benefit for Camp Courageous one of the most successful in our history. Because Together, We FUELIowa.
None of this would be possible without the support of our sponsors, golfers, donors, volunteers, and countless supporters who continue to believe in the mission of Camp Courageous. Your generosity F U E L I O WA // w w w. F U E L I o w a . c o m
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Human Trafficking Visibility
By Sarah Bowman Director, Communications & Events FUELIowa
It started as a road trip. Miles of highways, gas stops, pop refills, and the familiar rhythm of convenience stores that all of us in this industry know so well. Traveling from Iowa through Kansas, Oklahoma, and Texas, I wasn’t looking for anything unusual. But somewhere along the way, I noticed something missing—and I couldn’t unsee it. In Iowa, I’ve grown used to seeing small but powerful reminders in convenience store restrooms— stickers placed intentionally, often on the back of stall doors, offering help to victims of human trafficking. They’re simple. Easy to overlook if you’re not paying attention. But if you are paying attention, they say everything that needs to be said. As we traveled farther from home, those signs disappeared. Stop after stop, state after state, I looked…and didn’t find them. And that absence said just as much as their presence does in Iowa.
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efforts underway. There are. Training programs, awareness campaigns, partnerships with law enforcement, all of it matters. But without visible, accessible resources placed directly in front of potential victims, there is a gap.
The Power of What’s Quietly There Human trafficking does not announce itself. It operates in the margins, along highways, in transient spaces, in places where people come and go without question. Convenience stores sit squarely in that reality. We are open when others are closed. We serve everyone. And we are often one of the few consistent touchpoints along long stretches of road. That’s what makes those restroom stickers so important. They are placed where someone might finally have a moment alone. A moment to read. A moment to think. A moment to act. Many point directly to the National Human Trafficking Hotline, offering a way to reach out safely, without needing to ask for help out loud. It’s not dramatic. It’s not loud. But it is effective.
What’s Missing Matters The absence of those signs in other states doesn’t mean there aren’t
And that gap is avoidable. Because the reality is simple: if someone doesn’t see the resource, they can’t use it.
An Industry Positioned to Make a Difference Convenience stores are uniquely positioned to be part of the solution. We are not bystanders in this issue, we are on the front lines of it, whether we realize it or not. Every day, our employees interact with travelers, observe patterns, and serve communities that rely on us for more than just fuel and food. Adding a sticker to a restroom door may seem small. But across hundreds, or thousands of locations, it becomes much bigger. It becomes a network. A signal. A consistent message that no matter where you are, help exists. And that kind of consistency is exactly what’s needed.
A Call to Lead, Together What I saw on this trip wasn’t just a difference between states…it was an opportunity. An opportunity for convenience stores to work alongside state leaders, including Secretaries of State, to make this kind of visibility standard, not the exception. An opportunity to ensure that these resources are placed not just in women’s restrooms, but in men’s as well, recognizing that trafficking impacts people of all backgrounds. An opportunity to lead. The National Human Trafficking Hotline is already there. The tools already exist. What’s needed now is coordination, commitment, and the willingness to act. Iowa’s Secretary of State Office has an office dedicated to fighting this. We can only do this if we do it together. Because traffickers rely on movement. On inconsistency. On people not noticing. But imagine if every stop along every highway told a different story. Imagine if every convenience store, no matter the state, offered the same quiet message: You are not alone. Help is here. That’s what I noticed on the road. And it’s what we have the power to change. Because Together, We FUELIowa.
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August 6-7, 2026
It all starts Thursday afternoon with a lake-side cocktail hour & dinner reception complete with open bar, steak or scallops dinner, comedian, silent auction & our annual bags tournament. Afterwards, enjoy Okoboji night-life. On Friday, enjoy 18 holes of golf with breakfast followed by shotgun start and beverage carts keeping you cool all day at Brooks Golf Club. DAY
ON E
DINNER & RECEPTION
BAGS & COCKTAILS
Mix and mingle on the shore at the beautiful Waterfront Event Center at Bridges Bay Resort. We will have open bar, steak and scallops dinner, and dessert as we watch the sunset over the lake. Enjoy the entertainment, and after dinner, explore all that Okoboji has to offer.
What’s better than a game of bags? The obvious answer is, of course, two games of bags! We will kick-off our annual bags tournament with views of beautiful Lake Okoboji while enjoying cocktails, and conversation. Who will win the bags belt this year??
10430 New York Ave Ste F, Urbandale IA 50322 | 515.224.7545
DAY
T WO
GOLF
FAMILY FUN
Day two, it is time to hit the links! Enjoy 18 holes at Brooks Country Club - Okoboji’s premier golf facility. This is a 4-person scramble with shotgun start complete with pin prizes and a putting contest. Lunch is provided and beverage carts will keep you cool all day. Meet up at the 19th hole to collect your prizes.
Not a golfer? Take advantage of Bridges Bay Resort, Lake Okoboji or a day at Arnolds Amusement Park. Bridges Bay features a pool, waterpark, restaurants on the water and much more, perfect for a long weekend. Spouses and family can participate with you at events, take a cruise on the famous Queen II, or explore everything on their own while you network!
SUMMERFEST | August 6-7, 2026 | Okoboji
Our annual action packed summer event. Join us for a cocktail reception, entertainment, dinner & silent auction with family and friends. Enjoy fun in the sun and a choice of golf or a day at Arnolds Park!
SCHEDULE OF EVENTS: Check fueliowa.com for schedule and time updates. Day 2 7:00 a.m. 7:45 a.m. 8:00 a.m. 10:00 a.m. 11:00 a.m. 12:30 p.m.
Day 1 4:00 p.m. 5:00 p.m. 6:00 p.m. 6:00 p.m. 9:00 p.m.
Happy Hour & Annual Meeting Dinner & Comedian Silent Auction Bags Tournament Auction Closes - Okoboji Night Life
Golf Registration Opens – (coffee, juice, donuts) Group Picture Golf Shotgun Start - Brooks Country Club Golf Arnolds Park (non-golfers) Grab and Go Lunch at the Clubhouse Awards Ceremony
HOTEL: Bridges Bay Resort, call (712) 332-2202 & reference FUELIowa for a preferred rate or bridgesbayresort.com and use code fueliowa26.
R E G I S TR ATI O N I N FO R MATI O N Primary Contact:
Company:
Address:
City:
Email:
Phone:
(
S U M M E R F E S T - $300 per attendee, dinner, open bar & choice of golf or Arnolds Park.
)
-
Cell:
(
Zip:
)
-
B A G S T O U R N A M E N T - FUELIowa bags belt awarded to the tournament champion.
TOTAL
NAM E & TEAM NAM E
E MAIL
NAM E
State:
1 ____________________________ ________________________ 1
$______________
2 ____________________________ ________________________ 2
$______________ $______________
3 ____________________________ ________________________ 1
$______________
4 ____________________________ ________________________ 2 TOTAL
DAY 1 S P O N S O R S H I P S
D AY 2 S P O N S O R S H I P S
Dinner Reception (2) ....................................................$1500
Entertainment Sponsor (2).............................................$1500 Open Bar ....................................................................... $500 Auction Prize (fund or donate item) .................................. $500
$______________
Gift Bag Sponsor ......................................................... $500 Lunch / Awards Sponsor ...........................................$1000 Cigar Sponsor ..............................................................$1000 Putting Contest ..........................................................$1000 Hole Sponsor ................................................................$1200 Includes Four (4) SUMMERFEST Passes
Bags Tournament ........................................................ $500
Beverage Cart Sponsor (2) ........................................$1200 Pin Prize Sponsor (4) ..................................................... $250 Pre-purchase Mulligan Package ...............................$100
Signature Drink ........................................................... $500
Includes 8 Mulligans/4 extra drink tickets
PAY M E N T I N F O R M AT I O N *TOTAL DUE
$
Card
Check Enclosed
Credit Card
Exp Date
Name on Card
VISA Master Card AmEx Discover
Signature
Billing address if different from Primary Contact information.
S U B M I T R E G I S T R AT I O N A N D PAY M E N T FUELIowa, 10430 New York Ave Ste F, Urbandale, Iowa 50322 | Questions? Call (515) 421-4596 or e-mail jim@fueliowa.com. Download a PDF registration form online at www.FUELIowa.com Disclosure: In the event of inclement weather or other possible changes, we will not reschedule. Please consider your fees a donation.
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2026 FUELIOWA SPONSORS DIAMOND
PLATINUM
GOLD
SILVER
BRONZE
F U E L I O WA // w w w. F U E L I o w a . c o m
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WANT BETTER HEALTH INSURANCE FOR LESS? HEALTHAlliance offers industry leading health & wellness plans exclusively designed to meet the needs of fuel marketers, convenience stores, and associated businesses. With partners like Blue Cross & Blue Shield, Delta Dental & more, FUELIowa members enjoy the finest coverage at low rates due to the combined buying strength of our membership. The last 10 groups to join HEALTHAlliance averaged premium savings of 21%
Call us today for a free quote.
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THE FINAL STRETCH: IOWA RETAILERS WORK TO MEET E15 SAFE HARBOR
By John Maynes, President, Government Affairs, FUELIowa
compliance deadline having passed seven months ago, these facilities fall into a class of facilities granted a safe harbor designation from the Iowa Department of Agriculture and Land Stewardship.
Passed in July of 2022, Iowa’s E15 mandate went into effect on January 1, 2026. According to Iowa Department of Agriculture data, 1,062 of Iowa’s 2,266 retail gasoline stations are selling E15 and in compliance with Iowa’s E15 mandate. Iowa’s small business gasoline retailers have
designation differs from a facility operating under a Small Retailers Exemption or a Class I or Class II waiver. A Small Retailer Exemption and a Class I or Class II waiver are blanket exemptions from Iowa’s E15 mandate. The Small Retailer
In a memorandum dated June
Exemption and a Class I or Class
26, 2025, the Iowa Department of
II waiver remain in place until
Agriculture and Land Stewardship
the earlier of a terminable event
outlined their expectations of a
occurring or 2041. A terminable
retail gas station owner applying for
high blends of ethanol and gasoline.
event as it pertains to the Small
Safe Harbor status. Retail gas station
Retailer Exemption or a Class I
owners must be able to produce
Significantly more work remains to be done to modify Iowa’s retail gasoline infrastructure. While nearly 750 small business gas stations were able to successfully secure a waiver from the mandate, approximately 275 gas stations remain with infrastructure modifications yet to be completed.
or Class II waiver includes the
evidence of a signed agreement
removal and replacement of
with an Iowa licensed installer for
an underground storage tank
future fuel infrastructure-related
(UST). With all commercially
work at the location seeking Safe
available underground tanks
Harbor status. The evidence of
today compatible with E15, the
agreement may include a copy
assumption is that any replacement
of an equipment purchase order,
tank installed in the future will be
work order, installation agreement,
compatible with E15.
contract, or invoice for work to be
stepped up and made the best of Governor Reynolds led mandate by investing hundreds of millions of dollars into infrastructure modifications to safely accommodate E15 and other
Among these 275 facilities, the majority continue to pursue a combination of federal and state grant opportunities to offset the soaring costs associated with infrastructure modifications to come into compliance with the state E15 mandate. With the mandate
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A facility with a Safe Harbor
with Iowa’s E15 mandate by offering E15 from at least one fueling position no later than September 30, 2026. The pursuit of a Small Retailer Exemption or a Class I or Class II waiver is no longer an option. The Small Retailer Exemption or Class I or Class II Waiver’s were required to be applied for and approved by December 31, 2025.
For the approximate 275 or so facilities operating under Safe Harbor status, the deadline for offering E15 has been moved to September 30, 2026. Gasoline retailers approved for a Safe Harbor Designation must come into compliance
completed. Alternatively, a copy of a submitted, active application for an Iowa Renewable Fuels Infrastructure Program (RFIP) E15 cost-share grant will be accepted to meet the Safe Harbor threshold set by the Iowa Department of Agriculture and Land Stewardship. As the September 30, 2026, Safe Harbor deadline approaches,
retailers and licensed installers have expressed concern regarding delays attributable to workload, workforce, and equipment delays. With approximately 275 projects pending, it is likely that delays to project timelines will occur over the summer months bringing the Safe Harbor deadline into question.
FUELIowa members, both licensed installers and retailers, are encouraged to contact John Maynes in the FUELIowa office if there are concerns about meeting the state Safe Harbor deadline. The earlier this outreach is
F U E L I O WA // w w w. F U E L I o w a . c o m
made the better and allows for adequate time for all parties to be informed and to set a path forward toward completion of an infrastructure project. Throughout implementation of the E15 Access mandate, the Iowa Department of Agriculture and Land Stewardship has been consistent in their approach by supporting small business gasoline retailers who can demonstrate a good faith effort toward completing a fueling infrastructure project at their location.
FUELIowa expects the department will continue to adhere to this approach by looking at delayed projects on a case-by-case basis. Early communication and documentation showing the reason for delay will be the key elements analyzed by the staff at the Iowa Department of Agriculture and Land Stewardship.
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The Petroleum Revolution Part 3 of 6
By Jim Ewing, Director, Membership & Business Services
Automobiles, War, and the Rise of Mass Mobility (1900–1945) At the dawn of the 20th century, gasoline was little more than a byproduct of kerosene refining. That changed forever with the invention of the automobile and the rapid expansion of America's transportation network. The turning point came in 1908 when Henry Ford introduced the Model T. By making automobiles affordable for ordinary Americans, Ford unleashed unprecedented demand for gasoline. Within a generation, millions of vehicles filled American roads, gasoline became the dominant petroleum product, and filling stations spread across cities and highways. The modern fuel retail industry was born.
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Iowa was no exception. As automobiles became commonplace, farmers gained greater access to markets, rural families enjoyed increased mobility, and communities became more connected than ever before. The state's growing network of roads and highways created new opportunities for fuel retailers, service stations, and businesses serving the traveling public. By the 1920s and 1930s, gasoline stations had become a familiar sight across Iowa's towns and rural crossroads. While gasoline powered passenger vehicles, diesel fuel revolutionized trucking, railroads, and agricultural
equipment. Iowa's economy, built on agriculture and commerce, benefited from more efficient transportation of crops, livestock, and goods. Dieselpowered machinery also helped modernize farming operations throughout the state. The strategic importance of liquid fuels became even more evident during World War I and World War II. Aviation gasoline enabled air power, while diesel and fuel oil powered ships, tanks, and military logistics. Iowa contributed significantly to the war effort through agricultural production, manufacturing,
and military service, all of which depended on reliable fuel supplies. Refineries and fuel distribution networks became critical components of national security. By 1945, liquid fuels were inseparable from American life. In Iowa and across the nation, mobility, agriculture, industry, and national defense all depended on petroleum. The United States had become a nation powered by gasoline and diesel, setting the stage for the economic growth and prosperity that would define the postwar era.
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2026 FUELIowa End of Session Report FUELIowa Advocacy Partners Report Marc 2026 FUELIowa EndTeam of Session
Beltrame and David Peck, Beltrame Law Firm, PLC FROM: FUELIowa Advocacy Team Partners Marc Beltrame and David Peck, Beltrame Law Firm, Session Overview PLC Marc Beltrame
David Peck
With the Iowa Legislature officially adjourning sine die on the afternoon of Sunday, May 3, 2026, the 2026 legislative session proved to be an extremely active year for tax policy, fuel regulation, tobacco and vapor products, alcohol distribution, SNAP policy, and broader energy and infrastructure legislation impacting FUELIowa members.
Session Overview
With the Iowa officiallyremained adjourning sine dieengaged on the afternoon of Throughout theLegislature session, FUELIowa actively in legislation Sunday, May 3, 2026, the 2026 legislative session proved to be an extremely involving motor fuel taxation, motor fuel gallons reporting, above ground active fornicotine tax policy, fuel regulation, tobacco and vapor products, alcohol storageyear tanks, and vapor taxation, cigarette taxation, alcohol inventory distribution, SNAP policy, andgas broader and infrastructure legislation transfer reform, greenhouse liabilityenergy protections, SNAP purchasing impacting FUELIowa members. regulations, credit card fees, property tax, and numerous other issues affecting Iowa’s fuel retailers and FUELIowa fuel marketers. Throughout the session, remained actively engaged in legislation involving motor fuelproposals taxation,generated motor fuel significant gallons reporting, above ground While many major legislative attention storage tanks, nicotine and vapor taxation, cigarette taxation, alcohol inventory throughout session, the final outcomes for FUELIowa members were ultimately transfer mixed. reform, greenhouse gas liability protections, SNAP purchasing regulations, credit card fees, property tax, and numerous other issues affecting Iowa’s fuel retailers and fuel marketers.
Legislative Priorities & Key Outcomes While many major proposals generated significant legislative attention
throughout session, the final outcomes for FUELIowa members were ultimately SSB 3001 — Gas Tax and Property Tax Reform Proposal mixed. FUELIowa Position: Oppose Fuel Tax Increases and Indexing Provisions Final Status: Failed to Advance in House
Legislative Priorities & Key Outcomes
One of FUELIowa’s largest legislative priorities during the 2026 session involved opposition fueland tax increases using anReform indexing provision included SSB 3001to—proposed Gas Tax Property Tax Proposal within SSB 3001 and related property tax reform discussions. FUELIowa spent FUELIowa Oppose Fuel Tax Increases andlegislators Indexing and Provisions significantPosition: time throughout the session engaging stakeholders Final Status: Failed to Advance in House One of FUELIowa’s largest legislative priorities during the 2026 session involved opposition to proposed fuel tax increases using an indexing provision included within SSB 3001 and related property tax reform discussions. FUELIowa spent significant time throughout the session engaging legislators and stakeholders 26
regarding concerns surrounding automatic fuel tax increases, affordability impacts on Iowa consumers and businesses alike, and broader transportation funding proposals. Throughout the session, FUELIowa remained heavily engaged with legislators and stakeholders regarding concerns surrounding automatic fuel tax increases, long-term affordability impacts on Iowa consumers, and broader transportation funding discussions. Ultimately, the Senate property tax package containing the fuel tax language failed to advance through the House after passage in the Senate, representing a significant victory for Iowa’s fuel industry and consumers alike.
SF 2480 — Cigarette, Alternative Nicotine & Vapor Product Tax Legislation FUELIowa Position: Undecided / Seek Amendments Final Status: Passed in Amended Form SF 2480 represented one of the most significant tobacco and vapor policy debates of the 2026 legislative session. A policy debate which is likely to rise again in 2027. Throughout negotiations, FUELIowa remained heavily engaged regarding concerns surrounding tax rates, floor stock taxes, minimum markup provisions, and broader regulatory impacts on retailers. While the final legislation ultimately imposed new alternative nicotine (pouch) and vapor product taxes, FUELIowa was successful in staving off a cigarette tax increase while suppressing new tax rates for alternative nicotine and vapor products. Multiple additional nicotine and vapor taxation proposals introduced during session contained significantly more aggressive tax and regulatory structures than the ultimately enacted legislation. Compared to several alternative tobacco tax proposals introduced during session, the final version of SF 2480 represented a substantially improved outcome for retailers represented by the lowest tax rates in the country on nicotine pouches and vapor products at 5 cents per container of 20 pouches and 5 cents per milliliter of vapor product. No tax increase associated with cigarette’s was passed during the 2026 session.
SF 2451 / HF 2647 — Alcohol Inventory Transfer Legislation FUELIowa Position: Support Final Status: Did Not Advance to Final Passage SF 2451 and HF 2647 sought to allow commonly owned retail establishments operating with a Class E liquor license greater flexibility in transferring spirits
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27
a meaningful operational improvement for retailers. The reduced minimum order requirement is slated to take effect on July 1, 2026. FUELIowa will be partnering with ABD to provide licensees information on the upcoming change in policy. inventory between licensed locations under common ownership. The legislation remained priority throughout 2026 session. HF 1050 a—significant AboveFUELIowa Ground Storage Tankthe Assessment Although the bills ultimately did not reach final passage this year, substantial Exemption Legislation groundwork was laid with both legislators and regulators regarding the FUELIowa Position: Support operational challenges facing retailers under Iowa’s current alcohol distribution Final Status: Did Not Advancegreatest opposition came from your supplier system. Curiously, FUELIowa’s members of the Iowa Wholesale Beer Distributor’s Association. HF 1050, legislation relating to above ground storage tank assessment exemptions, remainedwas a FUELIowa focus throughout the 2026 session but Importantly, FUELIowa successful in ongoing discussions with the Iowa ultimately didofnot advance in Iowa the Senate. Department Revenue and Alcoholic Beverages Division (ABD) regarding minimum spirits order requirements. As a result of those discussions, the state For the second time in three years, the Iowa House passed this legislation with reduced the minimum spirits order requirement from $1,000 to $500, representing nearly unanimous support. FUELIowa anticipates an Iowa Supreme Court a meaningful operational improvement for retailers. The reduced minimum decision to be rendered in the next 30 days on our above ground storage tank order requirement is slated to take effect on July 1, 2026. FUELIowa will be taxation issue. Stay tuned. partnering with ABD to provide licensees information on the upcoming change in policy.
Biofuels & Renewable Fuels Policy
HF 1050 — Above Ground Storage Tank Assessment SF 2493 / HFLegislation 2798 — E85 Agricultural Implement Tax Exemption Exemption
FUELIowa Position: Support Final Status: Did Not Advance FUELIowa Position: Engage and Monitor Final Status: Passed in Negotiated Form HF 1050, legislation relating to above ground storage tank assessment exemptions, remained a FUELIowa focus throughout the 2026 session but The Legislature considered multiple proposals during the 2026 session involving ultimately did not advance in the Senate. excise tax exemptions for E85 and high-ethanol fuel used in agricultural implements. These reflected continued in with For the second timediscussions in three years, the Iowa House legislative passed thisinterest legislation expanding ethanolsupport. usage and supporting Iowa biofuels nearly unanimous FUELIowa anticipates an Iowamarkets. Supreme Court decision to be rendered in the next 30 days on our above ground storage tank FUELIowa was successful in advocating for fuel marketer protections in the final taxation issue. Stay tuned. version of this bill. Agricultural end-users claiming exemption will be required to sign an exemption certificate to be kept on file by a marketer, a process analogous to end-users claiming exemption from state sales tax.
HF 2786 / HSB 688 — Biodiesel Tax Credit & Refund Biofuels & Renewable Fuels Policy Legislation SF 2493 / HF 2798 — E85 Agricultural Implement Tax FUELIowa Position: Monitor and Engage Exemption
Final Status: Mixed Outcomes FUELIowa Position: Engage and Monitor FUELIowa remained engaged on multiple Final Status: Passed in Negotiated Form biodiesel tax credit and sales/use tax refund proposals throughout the session, including legislation extending repeal dates and modifying refund structures associated with biodiesel production and blended fuel incentives. No extension or modification to Iowa’s retail biodiesel tax credits was agreed upon. The sunset date for Iowa’s biodiesel tax credits remains January 1, 2028. 28
Fuel & Infrastructure Legislation
dates and modifying refund structures associated with biodiesel production and blended fuel incentives. No extension or modification to Iowa’s retail biodiesel tax credits was agreed upon. The sunset date for Iowa’s biodiesel tax credits remains January 1, 2028.
Fuel & Infrastructure Legislation SF 2484 — RFIP Funding & Infrastructure Appropriations FUELIowa Position: Undecided Final Status: Passed Without Additional RFIP Appropriations Earlier versions of SF 2484 included additional funding related to the Renewable Fuels Infrastructure Program (RFIP). However, those appropriations were ultimately removed from the final version of the legislation prior to adjournment. While additional RFIP funding would have been welcomed, the outcome was largely anticipated given the current unobligated balances already available to the RFIP Board for distribution toward qualifying fuel infrastructure and upgrade projects. As a result, the removal of additional appropriations is not expected to significantly impact near-term RFIP funding availability for retailers seeking infrastructure improvements.
Other Legislation of Interest HF 2133 — Kratom Regulation Legislation FUELIowa Position: Monitor / Engage Final Status: Failed HF 2133, legislation regulating kratom products, failed to advance during the 2026 legislative session after significant debate among stakeholders regarding product standards, underage use, regulation, and retail impacts.
HSB 690 — “American Beer” Excise Tax Proposal FUELIowa Position: Support Final Status: Failed HSB 690, legislation proposing reductions to excise taxes on beer manufactured in the United States, ultimately failed to advance during the 2026 session as broader alcohol-related policy initiatives stalled throughout the legislative process. Concerns over lost revenues to the state during a difficult budget year were ultimately the undoing of this proposal.
HF 2676 — SNAP Purchasing & Program Changes FUELIowa Position: Monitor and Engage Final Status: Passed F U E L I O WA // w w w. F U E L I o w a . c o m
HF 2676 included changes relating to SNAP purchasing, nutrition program
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requirements, and program administration. FUELIowa remained actively engaged regarding retailer compliance obligations, operational impacts, and implementation concerns affecting convenience stores and fuel retailers participating in SNAP programs.
HF 2527 — Greenhouse Gas Liability Protection FUELIowa Position: Support Final Status: Passed HF 2527 provides liability protections to fuel retailers against certain lawsuits relating to greenhouse gas emissions and climate-related claims. The legislation represented an important pro-active legal protection measure for fuel retailers and related businesses facing increasing litigation concerns nationwide.
Major End-of-Session Legislative Issues In addition to fuel and retail-specific legislation, the final weeks of the 2026 legislative session were dominated by negotiations surrounding property tax reform, state budget agreements, and eminent domain policy related to carbon pipeline projects. These issues consumed significant legislative attention and ultimately drove the Legislature beyond its planned adjournment date before lawmakers officially concluded session on May 3, 2026.
Property Tax Reform After months of negotiations between the House, Senate, and Governor Reynolds’ office, lawmakers ultimately reached agreement on a comprehensive property tax reform package that included new limitations on local government revenue growth and broader reforms aimed at reducing long-term property tax burdens statewide. The reform package negotiated by the House, Senate, and Governor Reynolds’ office is projected to save Iowa consumers and businesses $4 billion over the next six years.
State Budget Agreement – for state fiscal year 2027 Legislative leaders also finalized the Fiscal Year 2027 state budget during the closing days of session after extended negotiations between the House and Senate Republican caucuses. Budget discussions were heavily shaped by slowing state revenue projections and broader fiscal concerns following the March Revenue Estimating Conference. Ultimately, lawmakers approved a $9.65 billion budget for state fiscal year 2027. To meet their budget target, lawmakers were forced to tap Iowa’s taxpayer relief fund. The state fiscal year 2027 budget represents a 1.43 percent increase over the state fiscal year 2026 budget.
Eminent Domain and Pipeline Policy
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Eminent domain and carbon pipeline legislation remained one of the most politically sensitive and closely watched issues of the session. Debate surrounding pipeline siting authority, landowner protections, and eminent domain authority continued throughout the year and remained a major point of discussion among legislators and stakeholders during final negotiations. This contentious issue is likely to rise again in 2027.
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fund. The state fiscal year 2027 budget represents a 1.43 percent increase over the state fiscal year 2026 budget.
Eminent Domain and Pipeline Policy Eminent domain and carbon pipeline legislation remained one of the most politically sensitive and closely watched issues of the session. Debate surrounding pipeline siting authority, landowner protections, and eminent domain authority continued throughout the year and remained a major point of discussion among legislators and stakeholders during final negotiations. This contentious issue is likely to rise again in 2027.
Conclusion The Legislature has transitioned into the interim period, attention will now quickly shift toward the 2026 election cycle. With Iowa’s Primary elections in the rearview mirror, he November general election will play a significant role in shaping the composition of the Iowa Legislature and the policy priorities heading into the 2027 session. Many of the issues debated during the 2026 session including fuel taxation, nicotine and vapor regulation, cigarette taxation, alcohol distribution policy, SNAP requirements, and energy infrastructure issues are expected to remain central topics moving forward. Additionally, Iowa’s biofuels tax credit program is set to expire on January 1, 2028, making the 2027 session the final session for modification to Iowa’s biofuels tax credit program. FUELIowa’s engagement throughout the 2026 legislative session would not have been possible without the continued involvement, responsiveness, and support of its members across the state. Member outreach, operational expertise, testimony, and direct communication with legislators played a critical role in advancing industry priorities and shaping legislative discussions throughout the session. We sincerely appreciate the time, effort, and collaboration provided by FUELIowa members throughout the legislative session and look forward to continuing this work together during the interim and into the 2027 legislative session. Together, we fuel Iowa.
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PAC CONTRIBUTIONS As of 4/21/26 PAC CONTRIBUTIONS
VISIONARY ($5,000+) As of 4/21/26 $10,300 - Don Burd - Otter Creek Country Stores* V ISIONARY ($5,000+) $5,000 - Tessa Anderson - Rainbo Oil Company* $10,300 Don Burd - Otter Creek Country Stores* $5,000 - Larry Bentler - Jet Gas Company* $5,000 - Tessa Anderson - Rainbo Oil Company* $5,000 - ($2,500-$4,999) Larry Bentler - Jet Gas Company* LEADER $4,000 - Cliff & Dave Reif - Reif Oil * LEADER- ($2,500-$4,999) $3,730 Todd Kanne - Community Oil Co* $4,000 & Dave Reif - Reif Oil Oil * & Propane* $2,500 Cliff Thomas Flogel - Mulgrew $3,730 Kanne --Community Oil Co* $2,500 - Todd Brett Kimmes Kimmes Enterprises Thomas Flogel - Mulgrew Oil & Propane* $2,500 - Jason McDermott - McDermott Oil* $2,500 - Brett Kimmes Kimmes Enterprises Keith Olsen - Olsen Fuel Supply* Jason McDermott Oil* $2,500 - Andrew Woodard - McDermott Elliott Oil Company* $2,500 - Keith Olsen - Olsen Fuel Supply* $2,500 - Andrew Woodard - Elliott Oil Company* PARTNER ($1,000-$2,449) $2,000 - Jennifer Likes - Harms Oil PARTNER ($1,000-$2,449) $1,500 - Marc Beltrame - Beltrame Law Firm $2,000 - Josh Jennifer Likes - HarmsOil Oil $1,500 Gilroy - Grysson $1,500 - Marc Beltrame Beltrame Gary Koerner - FUELIowa Law Firm $1,500 Gilroy- -FUELIowa Grysson Oil $1,000 - Josh Jim Ewing $1,500 - Brooke Gary Koerner FUELIowa $1,000 Lilley - -Jet Gas Company* $1,000 - Jim Ewing FUELIowa Nate Lincoln - Lincoln Farm & Home Service Brooke Lilley - -Jet Gas Company* $1,000 - John Maynes FUELIowa Nate Lincoln Lincoln Farm Home Service $1,000 - David & Matt- Scheetz - The & Depot Express $1,000 - John Maynes - FUELIowa $1,000 - David & Matt Scheetz - The Depot Express FRIEND ($500-$999) $500 - Sarah Bowman FRIEND ($500-$999) $500 - Doug Coziahr $500 - Sarah Bowman $500 - Doug Coziahr
GOAL : $75K YTD: $53.61k GOAL : $75K 71.48% YTD: $53.61k
71.48% DONORS: GOAL: 50 DONORS: YTD: 27 GOAL: 54% 50 YTD: 27 54%
CONTRIBUTOR ($0-$499)
$250 - Dennis Jaeger $125 - John Meehan CONTRIBUTOR ($0-$499) $100 $250 -- Kathy DennisGunlock Jaeger $100 $125 -- Reo JohnMenning Meehan $100 - Kathy Gunlock $100 - Reo Menning
F U E L I O WA // w w w. F U E L I o w a . c o m
*
Fuel Marketer Leader Program
33
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DE C E MBE R 2 0 2 6 ( DATE S TBA) REGIONAL ROUNDTABLE Council Bluffs, Carroll, Dubuque & Riverside
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SAVE THE DATE FUELIowa SUMMERFEST Returns to Okoboji August 6–7, 2026
Get ready to head back to the
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start planning for two days
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of connection, conversation,
on August 6–7, 2026, and you
and celebration with Iowa’s
won’t want to miss it. After a
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to Okoboji—complete with
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GY M AR KETERS INSIDE THE BELTWAY ENER OF AM ER I CA
May 1 Inside the Beltway Update On April 30, the House of Representatives passed the Republican-led farm bill by a vote of 224-200, marking the most significant progress on such legislation since the 2018 reauthorization. While the bill received crucial support from some moderate and rural Democrats, it still faces significant challenges in the Senate due to deep-seated policy disagreements. The path forward remains uncertain, as Democratic leaders aim to delay or reverse the proposed cuts to food assistance programs. House Democrats, including ranking member Angie Craig (D-MN), are looking to the Senate to produce a more bipartisan version that removes what they describe as “poison pills” regarding pesticide and livestock provisions. Senate Agriculture Committee Chair John Boozman (R-AK) has indicated that he expects to strip away controversial elements to meet the 60-vote threshold required for passage, with a goal of moving the legislation forward within weeks rather than months. Most importantly, due to significant disagreements, a separate plan
F U E L I O WA // w w w. F U E L I o w a . c o m
regarding year-round E15 fuel sales
contributed to the legislative
was decoupled from the main bill
gridlock included changes to
and will be voted on independently
SNAP eligibility for hot food, bans
on May 13. This move was intended
on certain animal testing, and the
to placate oil-state lawmakers who
removal of emissions mandates
had threatened to block the broader
on farm equipment. EMA and a
package. The farm bill was delayed
coalition of other major retailer
earlier in the week due to an internal
associations strongly oppose
revolt over several contentious policy
proposed restrictions on items like
issues. The central point of contention
soft drinks or candy, citing $1.6 billion
was the proposal to permit year-
in upfront compliance costs and
round, nationwide sales of E15 fuel.
significant administrative hurdles.
While supported by many farm-
They contend that vague definitions
state lawmakers, the measure was
and the constant introduction of
opposed by small refineries and their
new products would make these
allies, who argue that it would leave
restrictions impossible to manage at
them vulnerable to compliance costs.
the point of sale, ultimately risking
A coalition of small and independent
higher prices and reduced food
refineries wrote to Speaker of the
access for SNAP recipients.
House Mike Johnson (R-LA) to express their strong opposition to the year-
Also on April 30, Congress ended a
round sale of E15. They argue that
record-breaking 76-day shutdown
the amendment would benefit large,
of the Department of Homeland
integrated oil companies while
Security (DHS) by passing a
causing “tremendous economic
bipartisan bill to restore funding to
harm” to smaller, more vulnerable
most of its agencies. This measure,
refineries. While the companies state
which President Trump is expected
that they do not oppose biofuels, they
to sign, provides full funding through
advocate for balanced RFS reform
September for the Coast Guard,
that would enable year-round E15
TSA, Secret Service, FEMA, and the
sales and provide relief from high RIN
Cybersecurity and Infrastructure
prices, which they estimate currently
Security Agency (CISA). Notably,
add 35 cents or more per gallon to
the legislation excludes funding
fuel costs.
for immigration enforcement agencies, specifically Immigration
Furthermore, a Congressional Budget
and Customs Enforcement (ICE) and
Office (CBO) estimate found that the
Border Patrol. Republicans intend
E15 plan would add billions of dollars
to address those agencies through
to the federal deficit. This alienated
a separate, party-line package by
fiscal hawks and undermined efforts
June 1, using special budget powers
to keep the farm bill budget-neutral.
to bypass the Senate filibuster.
Beyond ethanol, the bill faced a significant challenge regarding pesticide preemption language. Other proposed amendments that 37
Temporary Rule Issued for IRC §6435 Dyed Fuel Refunds
As a reminder, the EMA Board of
This push for swifter action is
Directors voted in favor of supporting
supported by groups like NACS,
a 1-pound waiver for E15 to enable
which noted that the influx of illicit
year-round sales via a permanent
products has grown out of control.
Today, the Treasury Department and
Meanwhile, nineteen members of the
reached a bipartisan agreement
the IRS issued a temporary regulation,
House, led by Rep. Richard Hudson
on a topline funding figure for the
together with a notice of proposed
(R-NC), have sent a letter to FDA
upcoming surface transportation
rulemaking, implementing new
Commissioner Dr. Martin Makary
reauthorization bill, setting the
Internal Revenue Code §6435. The
urging them to take aggressive action
amount between $550 and $600
temporary rule addresses a narrow
against the proliferation of illicit
billion. This consensus brings the
and specific transaction -- clear
vapor and nicotine pouch products.
committee closer to finalizing the
(undyed) diesel fuel or kerosene on
The legislators highlight a crisis in
legislative text and moving toward
which the §4081 federal excise tax
which the U.S. market is currently
a markup, which is tentatively
has been paid, that is subsequently
overwhelmed by unregulated
scheduled for the week of May
indelibly dyed at a terminal and
products, primarily originating from
18. Committee Chair Sam Graves
removed for a nontaxable use.
China, while the FDA's own approval
(R-MO), despite his upcoming
Section 6435, created by last year’s
process remains significantly delayed.
retirement, remains committed to
One Big, Beautiful Bill, establishes a
Despite receiving over 26 million
seeing the reauthorization signed
new statutory refund mechanism for
applications for review, the FDA has
into law before current programs
the tax paid on that fuel, applicable
authorized only about 60 products
expire.
to eligible dyed fuel removed on or
to date. This regulatory bottleneck
after December 31, 2025.
has resulted in a market where
However, significant challenges
an estimated 85% of products are
remain as lawmakers work toward
currently illicit.
the September 30 deadline to avoid
legislative fix at our Fall Meeting in Chicago last October.
The House Transportation and Infrastructure Committee has
May 8, 2026 Inside the Beltway Update Barring any surprise procedural snag (House Rules Committee), the House is on track to vote on year-round E15, May 13. Passage odds in the House look decent, but the Senate would be the bigger hurdle later. Please reach out to your U.S. Representatives today and ask them to vote YES on H.R. 1346, the Nationwide Consumer and Fuel Retailer Choice Act. The bill would prevent the emergence of fragmented “boutique” gasoline markets in Midwestern states that have opted out of the E10 waiver. Such boutique markets could disrupt gasoline supplies, raise costs, reduce fuel fungibility, and ultimately drive-up prices at the pump for consumers.
38
a simple clean extension of existing To combat this issue, the
programs. Even if the committee
congressional letter outlines three
successfully advances the legislation
specific strategies: improving
this month, there is limited floor time
regulatory clarity, addressing the
available for debate. Furthermore,
massive backlog of premarket
the bill must still navigate input from
applications, and strengthening
several other key bodies, including
enforcement efforts. The members
the House Ways and Means
of Congress argue that the lack of
Committee and various Senate
clear information regarding product
panels, many of which have not yet
denials makes it difficult for retailers
scheduled markups or released their
and consumers to make informed
own legislative.
decisions, while the slow pace of authorizations, which includes only
Trump Administration Withdraws
39 vapor and 26 pouch products,
Appeal of Biden-Era Overtime Rule,
fails to meet demand and drives
Delivering Relief to Energy Marketers
illegal behavior. Furthermore, the
In a swift and decisive move
letter recommends that the FDA
welcomed by business advocates,
collaborate with the Department of
the U.S. Department of Labor (DOL)
Justice’s multi-agency task force to
under the Trump administration has
utilize every available tool to remove
formally withdrawn its appeal of the
illegal products from the marketplace.
Biden-era 2024 overtime rule. The
action, taken via a joint stipulation
marketing and convenience store
satisfy both the salary and
filed yesterday in Flint Avenue LLC v.
operations. Many of our members
duties tests under the 2019 rule.
DOL before the U.S. Court of Appeals
employ salaried managers,
for the Fifth Circuit, ends all litigation
dispatchers, sales professionals, and
over the rule and confirms that the
administrative staff who routinely
proposals that could adjust
more stringent salary thresholds will
work variable and often extended
thresholds in the future.
never take effect. The Biden-era rule is
hours to meet customer needs,
dead, not enjoined.
especially during severe weather events, supply disruptions, or peak
• Stay alert for any new DOL
• Consult with legal counsel or
HR professionals regarding
The Biden administration’s April 2024
demand periods.
compliance with both federal
final rule would have dramatically
The withdrawn rule would have
FLSA requirements and any
raised the minimum salary level
forced many marketers to either
applicable state overtime laws.
required for executive, administrative,
raise salaries for exempt employees,
For example, California, New
and professional (EAP) employees to
reclassify them as non-exempt
York, Washington, Colorado,
qualify for exemption from overtime
and pay overtime, or absorb
Alaska, and Maine all have
pay under the Fair Labor Standards
significant new labor costs. In an
state salary thresholds that
Act (FLSA). It set the weekly threshold
industry already operating on thin
exceed $35,568, and several
at $844 ($43,888 annually) effective
margins amid volatile fuel prices
index annually. EMA members
July 1, 2024, with a further increase to
and rising operational expenses,
operating in those states must
$1,128 ($58,656 annually) scheduled
those changes would have
comply with the higher state
for January 1, 2025. The highly
been particularly burdensome.
floor regardless of federal law.
compensated employee (HCE)
By preserving the current, more
threshold would also have risen.
flexible thresholds, the Trump
This development underscores the
Federal district courts in Texas had
administration’s action provides
value of proactive engagement
already vacated the rule, determining
immediate regulatory certainty and
with policymakers to protect the
that the DOL exceeded its statutory
helps control payroll costs for small
operational flexibility our industry
authority by relying too heavily on
and mid-sized energy businesses
needs to deliver reliable, affordable
salary levels rather than job duties.
nationwide.
energy to American consumers and
With the appeal now withdrawn,
This outcome aligns with EMA’s long-
the salary thresholds established by
standing advocacy for practical,
the 2019 rule remain firmly in place:
business-friendly labor policies that
$684 per week ($35,568 annually)
recognize the unique demands of
for standard EAP exemptions
energy marketing and distribution.
and $107,432 in total annual
We will continue to monitor any
compensation for HCE exemptions.
future DOL rulemaking on overtime
Employers must continue to meet
exemptions and stand ready to
the applicable duties tests for each
provide member input.
businesses.
exemption category.
FDA Issues PMTA Authorizations for Glas Vapor Products *First PMTA MGOs for Flavored Vapor Products*
Next Steps for Members
The FDA issued PMTA Marketing
While the Biden-era expansion is
(Blueberry) – all with 5% nicotine
Energy Marketers of America
now permanently off the table,
content. These authorizations are
represents family-owned and
employers should:
the first for flavored vapor products.
Why This Matters for EMA Members independent businesses that keep America’s fuel supply chain
• Review current employee
classifications to ensure they
Granted Orders (MGOs) for four Glas vapor pods, Classic Menthol, Fresh Menthol, Gold (Mango), and Sapphire
The FDA also recognized the Glas G2technology, which includes
moving—from wholesale distribution
Bluetooth-enabled device-level age
and heating oil delivery to propane
verification and access controls.
F U E L I O WA // w w w. F U E L I o w a . c o m
39
In March, FDA issued MGOs to
neither collect nor can afford to
involvement in the defense of the
the Glas G2 device and a Blonde
compile.
costly and unnecessarily intrusive climate change disclosure rules." The
Tobacco 5% pod. With these recent authorizations, the FDA has now
EMA raised these concerns
Eighth Circuit, however, declined the
issued MGOs for 45 vapor products:
directly with the SEC in comments
SEC's subsequent request to simply
submitted in June 2022, noting
rule on the merits, instead holding the
Vapor Products Authorized by the
that energy marketers lack the
case in abeyance and directing the
FDA
compliance infrastructure of large
Commission to either formally rescind
public companies, and that the
the rule through notice-and-comment
SEC Moves to Rescind Biden-Era
reporting burden would effectively
rulemaking or renew its defense in
Climate Disclosure Rule
be passed down the supply chain
court.
The Trump administration is taking
to businesses that are not even
formal steps to permanently eliminate
subject to SEC jurisdiction. EMA also
The OMB submission represents the
the Securities and Exchange
flagged significant privacy concerns
SEC's response to that directive
Commission's (SEC) climate disclosure
— including the exposure of
— initiating the formal rulemaking
rule — a regulation that, had it
competitively sensitive sales volumes
process needed to permanently
been implemented, could have
— and warned that marketers
rescind the rule.
imposed compliance burdens on
unable to provide Scope 3 data to
energy marketers throughout the fuel
their suppliers could lose business
distribution supply chain. The White
entirely, threatening the viability of
House Office of Management and
smaller operations.
Budget (OMB) received a formal SEC proposal to rescind the rule on May 4, 2026, marking the most concrete administrative action toward permanent elimination since the rule was adopted in March 2024.
Background: Why Energy Marketers Were Concerned
A Tortured Legal and Regulatory History The rule never took effect. Within days of adoption, a myriad of legal petitions were filed challenging the rule, including a lawsuit by 25 Republican state attorneys general and the U.S. Chamber of
The Biden-era rule would have
Commerce. Even environmental
required publicly traded companies
groups filed challenges, arguing that
to disclose material climate-related
the final rule was not as protective
risks and, critically, greenhouse
to investors as initially proposed. The
gas emissions from their entire
challenges were consolidated in the
value chain — including Scope 3
U.S. Court of Appeals for the Eighth
emissions generated by downstream
Circuit. The SEC voluntarily stayed
customers and business partners.
implementation in February 2025
For fuel marketers, the “knock on”
due to the pending litigation; thus,
implications were that oil majors and
the rule never took effect.
other public company suppliers would
40
What Happens Next Once OMB completes its review, the proposal returns to the SEC for a commissioner vote before public release. A standard notice-andcomment period will follow before a final rescission rule can be adopted — a process that typically takes several months. EMA will monitor these developments and engage in the public comment process as appropriate. This is a significant development in a long-running battle that EMA has been part of from the beginning. While formal rescission is not yet final, the regulatory trajectory is clear. EMA will continue to advocate for energy marketers' interests throughout the rulemaking process.
May 15, 2026
have been required to track and
In March 2025, the SEC voted to
report data from their downstream
withdraw its defense of the rule
Inside the Beltway Update
customers' day-to-day operations —
entirely, with Acting Chairman
On May 13, the House of
data that most energy marketers, as
Uyeda stating the goal was
Representatives passed a bill, with
small and family-owned businesses,
to "cease the Commission's
a vote of 218-203, to allow the year-
round sale of E15 ethanol-blend
businesses. The Merchant Payments
fuel, a move intended to support
Coalition and other opponents warn
corn farmers and provide a cheaper
that expanding these exemptions
domestic fuel option amid high gas
would increase inflation at the
prices. While the vote is a victory for
checkout counter and add to the
Midwestern lawmakers, the legislation
significant financial burden swipe
faces an uphill battle in the Senate
fees already place on American
due to entrenched opposition from
families, who currently pay an
oil-state representatives. Opponents
average of $1,200 more per year
of the measure, including oil refiners,
due to these costs.
environmental groups, and fiscal hawks, cite concerns regarding rising compliance costs, potential climate harm, and a CBO analysis indicating the bill would add billions to the federal deficit over the next decade. The EPA has proposed a twoyear delay and a comprehensive rewrite of the "Tier 4" conventional pollution standards for new lightduty vehicles, pushing the initial compliance deadline from 2027 to 2029. Administrator Lee Zeldin stated that the move aims to "return EPA regulations to reality" by addressing insufficient electric vehicle adoption rates and restoring consumer choice. The agency plans to use the delay to reconsider the entire Tier 4 program, including its emission standards and phase-in schedules, while current Tier 3 standards remain in place for the interim. The Merchants Payments Coalition and 17 other trade groups have sent a letter urging the Senate Banking Committee to reject a proposal that would raise the asset threshold for debit card swipe fee regulations from $10 billion to approximately $15 billion. This legislative change would exempt dozens of banks from current fee caps, potentially allowing them to charge an average of 62 cents per transaction, nearly triple the current regulated rate, and resulting in higher prices for consumers and small
F U E L I O WA // w w w. F U E L I o w a . c o m
EMA Submits Comprehensive Comments on PEI/RP900
May 22, 2026 Inside the Beltway Update The House Transportation and Infrastructure Committee on Thursday, advanced the BUILD America 250 Act (H.R. 8870), a bipartisan five-year surface transportation reauthorization bill totaling approximately $580 billion. Passed by a strong 62-2 committee vote, the legislation seeks to reauthorize core programs for highways, bridges, transit, rail, and hazardous materials safety before the current law expires on September 30, 2026. While this represents a significant legislative step, the bill must still
The Energy Marketers of America
navigate the full House, Senate, and
(EMA) has formally submitted
conference process before it can be
detailed comments to the
enacted.
Petroleum Equipment Institute (PEI) on the latest draft or revision of PEI/
A key component of the legislation
RP900: Recommended Practices for
is the creation of a new revenue
the Inspection and Maintenance
stream for the Highway Trust Fund
of Underground Storage Tank (UST)
(HTF), marking the first such addition in
Systems.
over 30 years. The bill imposes annual federal registration fees of $130 for
Widely recognized as the primary
battery electric vehicles (EVs) and
industry reference for proper
$35 for plug-in hybrids (PHEVs), with
UST inspection, operation,
fees scheduled to increase by $5
and maintenance, PEI/RP900
every two years starting in 2029. This
consolidates guidance from
measure is designed to address the
equipment manufacturers,
decline in gas and diesel tax revenue
contractors, marketers, and
as EVs become more prevalent,
regulators. It is also explicitly
ensuring that the infrastructure
referenced in the 2015 EPA UST
used by fuel delivery trucks remains
regulations as an acceptable
funded without solely burdening
code of practice for meeting
traditional fuel users. States face a
federal walkthrough inspection
125% withholding penalty for non-
requirements. EMA’s input is
compliance, and though these fees
intended to strengthen the
are currently lower than traditional
document’s clarity, technical
fuel taxes, they mark a directional
accuracy, consistency, and real-
shift in how EV drivers contribute to
world applicability for fuel marketers
infrastructure. Additionally, the bill
operating gasoline, diesel, and
reauthorizes Road Usage Charge
biofuel systems nationwide.
and per-mile user fee pilots through 2031, signaling a potential long-term move toward a VMT-based revenue collection system. 41
The legislation also codifies "Jason’s
funds as a "gimmick" used to cover
Law," creating a competitive grant
an inadequate budget. The bill
Gallon of Gasoline & Ways to
program for commercial vehicle
proposes maintaining mandatory
Reduce Gas Prices
parking while requiring consultation
spending for highway and airport
with private providers to prevent
trust fund-supported programs at
EMA presented its signature UST
publicly subsidized competition
$83.3 billion. It includes $4 billion for
Graphic and a detailed diagram
with private truck stops. The bill also
the Federal Aviation Administration’s
of the refined products distribution
establishes weight parity for hydrogen
Facilities and Equipment account,
system to illustrate how crude oil
vehicles with existing gas and battery-
with $1 billion of that total
costs, refining, distribution, marketing,
electric exemptions and allows 10%
redirected from an electric vehicle
and taxes combine to form the final
axle weight variances for CMVs
charger grant program.
pump price. Discussions focused
carrying dry bulk goods. The bill also establishes restroom access requirements for CMV operators at “covered establishments” during loading and unloading, with specific obligations on marine terminal operators (including port authorities) to provide accessible restrooms and parking for drayage truck operators. Notably, the section does not require physical modifications which softens what could otherwise have been a significant facility-investment mandate for petroleum terminals and bulk plants. Also this week, the House Appropriations Subcommittee on Transportation, Housing and Urban Development advanced the fiscal 2027 Department of Transportation (DOT) spending bill in a 9-7 party-line vote. The legislation is characterized by its heavy reliance on repurposing nearly $8 billion originally allocated in the 2021 infrastructure law. This funding strategy has led to conflicting interpretations. Republican summaries suggest an increase in discretionary spending, while Democrats argue the bill represents a year-over-year cut. While Subcommittee Chair Steve Womack (R-AR) maintains that the bill prioritizes essential sectors like air traffic control, highways, and freight rail, Ranking Member Jim Clyburn (DSC) has dismissed the repurposing of 42
Energy Marketers of America Holds Successful DC Conference and “Day on the Hill” The Energy Marketers of America (EMA) successfully concluded its 2026 Washington Conference & Day on the Hill, held May 13-15 at The Mayflower Hotel. During the event, EMA members and staff visited more than 350 Congressional offices to advocate for policies supporting fuel marketers, convenience store operators, and heating fuel providers nationwide. “EMA’s strong turnout on the Hill demonstrates our industry’s unified voice on issues that directly affect consumers, small businesses, and energy security,” said EMA President Rob Underwood. “We appreciate the engagement from lawmakers and remain committed to working with Congress to advance practical solutions.” In meetings with lawmakers and staff, EMA highlighted several priority issues critical to maintaining a reliable, affordable, and efficient energy supply chain:
• What Consumers Pay in a
on practical policy solutions to lower consumer costs, including streamlining permitting, supporting domestic production, and addressing regulatory burdens that drive up prices. • IRS Processing Delays of
Federal Motor Fuel
EMA raised ongoing concerns about delays by the Internal Revenue Service in processing federal motor fuel excise tax (FET) ultimate vendor claims—particularly refunds for taxpaid diesel fuel sold to state and local governments. These delays create cash-flow hardships for small business marketers and disrupt operations; EMA urged Congress and the IRS to restore timely processing. • Payments Policies Impacting
Convenience Stores
Marketers highlighted their concerns over skyrocketing credit card interchange (“swipe”) fees and evolving payment processing regulations that squeeze retailer margins. • THC and Hemp Policy for
Convenience Stores
EMA emphasized the need for balanced federal oversight of hempderived products (consistent with the 2018 Farm Bill) that allows responsible sales while ensuring consumer safety, product compliance, and economic
opportunity for c-store operators.
Semrau of Worldpay.
including Senate Finance, Banking, and Commerce, as well as House
The Board of Directors Meeting
Ways and Means and Energy and
featured Jon Medo and Dave
Commerce, the latter of which has
EMA stressed the importance of
Szymanski of Federated Insurance
already marked up sections on motor
reliable and affordable heating fuel
and Amber Moore of Altria Group
vehicle safety.
supply for American homes. Key
Distribution Company. The Board
topics included strong continued
of Directors also heard from EMA
As the bill moves forward, key
support for the National Oilheat
VP Sherri Stone and EMA Disaster
debates are expected to center
Research Alliance (NORA) and other
Response Director Sam Bell over the
on the Highway Trust Fund's funding
heating fuel priorities to maintain
latest with EMA's efforts to streamline
shortfalls, permitting reforms, and the
consumer choice, safety, and winter
hours of service waivers.
role of climate initiatives. Tensions also
• Heating Fuels Issues
exist regarding rail safety legislation,
reliability. EMA thanks its generous sponsors
which was added to the House bill
The conference also featured a full
for making the conference possible:
via amendment but faces opposition
schedule of educational sessions and
Federated Insurance, Altria Group
from Chairman Graves. On the
high-level briefings. EMA President
Distribution Company, Marathon,
Senate side, EPW Chair Shelley Moore
Rob Underwood opened the event
Reynolds American, PMI US, BP
Capito (R-WV) has outlined principles
with a Congressional briefing.
Products North America, HF Sinclair,
that prioritize accelerating permitting
Andrea Pavon of the National
Shell, Valero, ExxonMobil, CITGO,
and eliminating duplicative programs.
Propane Gas Association (NPGA)
and Chevron.
Additionally, Senate Finance Ranking Member Ron Wyden (D-OR) said
provided an overview of NPGA’s Administrative Compliance Services
Inside the Beltway Update – May 29
he considered the proposed fee
to help marketers meet FMCSA
The BUILD America 250 Act, has
on electric vehicles and hybrids
Entry-Level Driver Training credential
been approved by the House
“off the table” and EPW Ranking
requirements. Larry W. Minor of the
Transportation & Infrastructure
Member Sheldon Whitehouse (D-RI)
U.S. Department of Transportation’s
Committee. Rep. Sam Graves (R-
is also against the fee. Despite these
Federal Motor Carrier Safety
MO), chair of the Committee and
challenges, the historically bipartisan
Administration (FMCSA) addressed the
Rep. Rick Larsen (D-WA), Committee
nature of such reauthorizations
Northeast Region regarding federal
Ranking Member, said they look
suggests that the current House and
hours of service waivers. The Southern
forward to moving the bill to the
Senate efforts will eventually be
Region Committee heard from Phil
House floor in the near future and to
reconciled into a final package but
Squair of Colonial Pipeline, and Chris
it passing prior to September 30th,
the ability to meet the September
Elliott of the BP AMOCO Marketers
when the current reauthorization
30th deadline remains in question,
Association (BPAMA) delivered
expires. Despite the bipartisan
and negotiations will need to move
remarks during the Washington Salute
start in the House, several hurdles
quickly.
to EMA Chairman Glenn Hasken.
threaten the September 30th deadline. There are significant policy
Committee sessions offered deeper
disagreements between House and
dives into sector-specific challenges:
Senate leadership. Mainly, provisions
Heating Fuels Committee – Featured
regarding proposed fees on electric
Chris Brennan of Sprague Energy
vehicles and the repeal of climate-
and Michael Devine of NORA; Motor
related programs complicate a
Fuels Committee – Included Holly
timely deal. The legislative scope
Alfano of the Independent Lubricant
of the act is also broad, involving
Manufacturers Association (ILMA),
multiple committees of jurisdiction
who addressed the nationwide base oil supply crunch; Convenience Store Committee – Heard presentations from Jim Duke of PMI US and Chris F U E L I O WA // w w w. F U E L I o w a . c o m
June 5, 2026 Inside the Beltway Update A bipartisan group of Senators, including Sen. Todd Young (R-IN) and Sen. Angela Alsobrooks (D-MD), have proposed repealing the 12% federal excise tax on heavy-duty trucks. Proponents of the bill argue that the current tax significantly inflates the cost of new equipment, adding between $15,000 and
43
criticism from Democrats, who argue
$30,000 to the price of a new truck, trailer, or tractor, which discourages
During the June 4th vote-a-rama,
the GOP is "raiding" the 2021 law to
companies from upgrading their
a legislative proposal by Sen. Jack
mask "woefully inadequate" funding
fleets. By removing this tax, lawmakers
Reed (D-RI) intended to significantly
allocations. DOT subagencies face
aim to incentivize the purchase of
increase financial support for
various reductions and shifts in
newer, cleaner, and safer models,
energy and housing assistance
funding sources. The Federal Transit
noting that approximately 20% of the
was rejected by the Senate. The
Administration (FTA) would see a
largest trucks currently on the road
amendment sought to allocate
$1.7 billion cut in total budgetary
still use engines manufactured before
$62 billion toward the Low Income
resources, with its Capital Investment
2010. Sen. Alsobrooks emphasized
Home Energy Assistance Program
Grants receiving no new money
that the legislation would support a
(LIHEAP) and other affordable
and instead relying on $737 million
more fuel-efficient industry by making
housing initiatives by repurposing
in repurposed funds, a significant
it easier for companies to adopt
funds from a larger Republican
drop from the $1.7 billion in new
modern technology. However, the
reconciliation bill. Despite the
spending it received in fiscal 2026.
proposal faces a significant hurdle
effort to prioritize utility aid for
The Federal Highway Administration
regarding infrastructure funding; the
struggling families, the measure
(FHWA) would see a $1.3 billion cut,
excise tax currently generates more
failed to reach the necessary 60-
with new General Fund spending for
than $6 billion annually dedicated
vote threshold during a high-speed
highway programs eliminated in favor
to road construction and repairs.
voting session. Despite the effort
of transfers. In contrast, the National
Because Congress has historically
to prioritize utility aid for struggling
Highway Traffic Safety Administration
struggled to find replacement
families, the measure failed to
(NHTSA) would see an $81 million
revenue for the highway fund, the
reach the necessary 60-vote
increase in total budgetary resources,
loss of this billion-dollar income stream
threshold during the high-speed
while the Federal Motor Carrier Safety
presents a challenge for future road
voting session. Despite this setback,
Administration (FMCSA) would face a
maintenance.
the fight for LIHEAP funding is not
$5 million cut due to reduced motor
over. Congress is likely to pass a
carrier safety grants.
The Senate passed the homeland
continuing resolution to sustain the
DOE Eliminates Fuel-Switching Rebates
security reconciliation bill late on
funding levels for LIHEAP later this
Under IRA Home Energy Rebate
June 4, 2026, following a marathon
year.
Programs
early morning hours. The Republican-
House Republican appropriators
The U.S. Department of Energy
led package, which uses the budget
have unveiled a fiscal year 2027
(DOE) has issued updated program
reconciliation process to provide
Department of Transportation
guidance that eliminates the use of
roughly $70 billion in dedicated
(DOT) spending bill that relies
federal rebate funds to incentivize
funding for Immigration and Customs
heavily on repurposing funds from
consumers to switch from heating oil,
Enforcement (ICE), Customs and
the 2021 infrastructure law to
propane, or natural gas systems to
Border Protection (CBP), and other
sustain rail and transit agencies.
electric heat pumps. The change is
Department of Homeland Security
Under the proposal, the DOT
significant for EMA members whose
priorities, cleared the chamber on a
would face a $4.7 billion cut in
customers had been exposed to
party-line vote. This marks a significant
total new budgetary resources,
federally subsidized campaigns
victory for Senate Republicans,
dropping from $108.4 billion to
encouraging replacement of
delivering multi-year resources to
$103.7 billion. However, by utilizing
conventional heating equipment.
bolster immigration enforcement
$7.9 billion in transfers, money from
Regulatory Background
and border security after months
the already appropriated Biden-
of negotiations and a partial
era package, the department
The Inflation Reduction Act (IRA)
government shutdown earlier in the
would actually see a $1.2 billion
established nearly $9 billion in federal
year. With the bill now headed to
year-over-year increase in total
funding across three home energy
the House, it sets the stage for final
available funds, reaching $111.6
rebate programs:
congressional action on one of the
billion. This strategy has drawn
vote-a-rama that stretched into the
session’s top GOP priorities. 44
DOE-approved insulation standard.
for new rebate approvals. In sum,
to $8,000 for whole-home energy
This requirement substantially raises
federal policy in this context is
efficiency improvements
the cost and complexity bar for
no longer a source of downward
(Program Notice 26-1)
electrification retrofits.
demand pressure. States must realign
• HOMES Rebate Program — up
their programs by August 29, 2026. Liquid Fuel Equipment May Stay
Previously approved rebates may be
and Territories — up to $14,000
Households may now retain their
honored, but the pipeline for new
for specific appliances and
existing heating systems even
fuel-switching incentives is closed.
equipment administered by state
when installing a heat pump. The
energy offices (Program Notice
heat pump need not become
• HEEHR Program for States
26-2)
the primary heating source for the rebate to apply. This means
• HEEHR Program for Indian Tribes
conventional heating equipment is
— a separate version
no longer required to be removed
administered directly by federally
as a condition of rebate eligibility.
recognized Tribes (Program
Justice40 Requirements Removed
Notice 26-3)
DOE has eliminated all program requirements related to the
Under the Biden Administration's
Justice40 Initiative, which required
original program design, these
reserved allocations to certain
funds were explicitly structured to
low-income households fitting a
encourage homeowners to remove
diversity, equity, and inclusion
working fossil-fuel heating systems
parameter. Instead, the guidance
and replace them with electric heat
focuses on affordability and
pumps. That incentive structure has
consumer choice with more
now been eliminated.
concrete parameters.
Key Changes — What the New Guidance Does
Fraud, Waste, and Abuse Controls
Fuel-Switching Rebates Eliminated Going forward, rebates under all three programs are limited to upgrading existing electric equipment to more efficient electric equipment, and to qualifying new construction. Homes that heat with oil, propane, or natural gas are no longer the target of a federally subsidized electrification campaign. Weatherization Required First DOE now requires that homes complete insulation and air sealing upgrades before accessing heating and cooling equipment rebates — unless the home already meets a F U E L I O WA // w w w. F U E L I o w a . c o m
Strengthened States are now required to vet contractors through the U.S. Treasury's "Do Not Pay" database and implement a Fraud, Waste, and Abuse Mitigation Plan. Implications for EMA Marketers The DOE has fundamentally redirected one of the largest home energy subsidy programs in American history. Nearly $9 billion in IRA funding — originally designed under the Biden administration to accelerate the replacement of oil, propane, and gas heating systems with electric alternatives — will no longer serve that purpose. DOE's updated guidance closes the door on federally subsidized fuelswitching, effective immediately
EMA Strongly Opposes OCC’s Interim Actions on Credit Card Swipe Fees Last week, the Energy Marketers of America (EMA) formally submitted detailed comments to the Office of the Comptroller of the Currency (OCC) strongly opposing two controversial interim actions that threaten to lock in excessive creditcard swipe fees for independent fuel marketers and convenience store operators nationwide. In comments filed under Docket ID OCC-2026-0430 (“National Bank Non-Interest Charges and Fees”) and Docket ID OCC-2026-0431 (“Order Preempting the Illinois Interchange Fee Prohibition Act”), EMA called on the OCC to immediately withdraw both the Interim Final Rule and the accompanying Interim Final Order. EMA argues the moves do nothing to ease the crushing burden of swipe fees on small businesses and instead protect the interests of Visa, Mastercard, and the nation’s largest banks at the direct expense of Main Street fuel retailers and the consumers they serve. “EMA’s members are family-owned businesses operating on razor-thin margins,” the comments state.
45
“Excessive credit-card swipe fees
themselves. The OCC’s rushed
The Cybersecurity and Infrastructure
have become one of our largest
order, EMA says, attempts to
Security Agency (CISA), in
operating costs—second only to
manufacture preemption that the
coordination with the FBI, NSA, EPA,
payroll and often exceeding utility
court declined to find on the merits.
DOT, and other federal agencies, has issued an advisory warning of active
expenses. These fees drain billions of dollars every year from businesses
EMA also sharply criticized the
malicious cyber activity targeting
that cannot fully pass the costs along
OCC’s process, noting that both
automatic tank gauge (ATG) systems
without harming customers or losing
actions were issued as “interim
at fuel storage facilities across the
sales.”
finals” with immediate effective
United States. Federal agencies have
dates—bypassing the notice-and-
observed threat actors exploiting
The numbers tell the story: In 2025
comment requirements of the
internet-exposed ATG systems to
alone, U.S. businesses paid an
Administrative Procedure Act. “The
gain unauthorized access, execute
estimated $200 billion in swipe
agency had no ‘good cause’ to
commands, alter tank parameters,
fees, with EMA’s retailer members
skip public input,” the comments
and pump controls, disable system
shouldering approximately $15
state. “The good-cause exception
alerts, and create conditions that
billion of that total. Those costs
is narrow and reserved for genuine
could mask leaks or cause physical
have skyrocketed in recent years
emergencies. It does not excuse
damage to tank infrastructure.
with no meaningful competitive
an agency from hearing from the
pressure, reducing funds available for
thousands of small businesses its
Per the advisory, EMA urges marketers
employee wages, station upgrades,
actions directly affect.”
to take immediate action:
supply-chain resilience, and keeping • Remove ATG systems from public
fuel prices affordable for families and
The association emphasized that
communities.
its position aligns with a broad
internet exposure — use firewalls,
national consensus—from President
VPNs, or access control lists for
Rather than promoting competition,
Trump and bipartisan lawmakers to
any necessary remote access
EMA contends the OCC’s Interim
business associations, labor groups,
Final Rule blesses the current system
consumer advocates, and tribal
in which third-party networks like Visa
nations—that urgent, meaningful
immediately and implement
and Mastercard centrally dictate
reform is needed to curb excessive
strong, unique credentials with
interchange rates on behalf of the
swipe fees and restore competition
multifactor authentication where
largest banks. The rule goes far
in the payment system.
feasible
• Change default passwords
beyond credit-card fees, potentially • Apply available security patches
green-lighting collective fee-setting
“Instead of advancing that shared
for ATM fees, annual fees, late fees,
objective, these OCC actions
in coordination with certified
and more—further entrenching higher
would deliver a windfall to Visa,
ATG service providers
costs for merchants and consumers.
Mastercard, and the nation’s largest banks,” EMA concluded.
• Monitor networks for
The companion Interim Final Order
“We therefore call on the OCC to
unauthorized access and report
targets Illinois’ commonsense law
withdraw the Interim Final Rule and
suspicious activity to CISA at
that simply prohibits banks and
Interim Final Order without delay.”
report@cisa.gov or 888-282-0870
card networks from charging swipe fees on the tax and tip portions of
EMA will continue to monitor
transactions—amounts merchants
developments on this critical issue
collect on behalf of governments
and keep members informed of
and employees but never keep for
next steps.
themselves. EMA notes that a federal district court had already ruled the
Federal Agencies Urge Immediate
Illinois law is not preempted by federal
ATG Action to Mitigate
law because the fees at issue are set
Cybersecurity Risks
by the card networks, not the banks 46
BUILD America 250 Act (H.R. 8870) Update Senate Environment and Public Works (EPW) Committee Chair Shelley Moore
EMA Supports Recent California Air Pollution Rule Waivers
Capito (R-WV) has indicated that
materials safety and regulatory
an extension of the current surface
efficiency. Section 10607 requires
transportation authorization bill, which
PHMSA to conduct rulemaking
expires September 30, remains a
for enhanced safety placards
realistic possibility. While she prefers
capable of withstanding high
completing a full reauthorization
temperatures from uncontrolled
by the deadline, Capito and the
fires, applying to rail and other
committee’s ranking Democrat, Sen.
surface freight modes in response
EMA fully supports repealing the four
Sheldon Whitehouse (D-RI) have not
to incidents like East Palestine.
California air pollution rule waivers
yet reached agreement or released
Industry groups, including EMA,
recently submitted to Congress by the
official bill text.
are engaging PHMSA and plan to
EPA under Administrator Lee Zeldin.
coordinate with the Association
These submissions trigger a process
Other Senate leaders, including
of American Railroads to ensure
under the Congressional Review Act
Commerce Committee Chair Ted
the changes do not extend to
(CRA) that could allow Republicans
Cruz (R-TX), are waiting for the EPW
fuel transportation. Section 10608
in Congress to nullify portions of
Committee to complete its markup
mandates a PHMSA study, due
California’s rules.
before advancing their portions of
one year after enactment, on
the legislation, which may include
the feasibility of material-specific
This action is part of a broader
language on autonomous vehicles.
hazardous materials endorsements
effort to eliminate both federal and
Despite ongoing work in both
for commercial driver’s licenses,
state-level tailpipe greenhouse gas
chambers, those close to the process
with public comment and a report
standards, freeing automakers from
have widely expected for months
to congressional committees which
climate requirements in California and
that an extension will ultimately be
EMA sought to include. Section
the at least 12 other states that follow
needed to avoid a lapse in funding.
10604 streamlines the special
its regulations. Republican leadership
permit process by extending initial
and the auto industry have pushed
The BUILD America 250 Act includes
permits from two to four years
for these steps to prevent what they
several provisions aimed at improving
and reducing the timeline for
describe as a “backdoor” national
Highway Trust Fund solvency and
incorporating proven permits into
electric vehicle mandate.
modernizing transportation policy.
permanent hazmat regulations
Section 1129 establishes new annual
from ten to eight years.
The new batch of waivers includes older greenhouse gas rules for light-
state registration fees of $130 for electric vehicles and $35 for plug-in
The bill also repeals two
duty vehicles dating back to 2009, the
hybrids, with mandatory collection
programs from the 2021
2013 Advanced Clean Cars (ACC)
mechanisms and a 125% withholding
Bipartisan Infrastructure Law that
rule, and the Biden administration’s
penalty for non-compliance.
supported emissions reduction
reinstatement of the ACC rule after
Beginning in 2029, both fees would
and electrification. Section 1118
a previous revocation. The EPA also
increase by $5 every two years,
eliminates incentives for medium-
submitted a waiver for small off-
subject to caps of $150 for EVs and
and heavy-duty electric trucks
highway engines (such as those in
$50 for PHEVs. Section 6004 directs
and other electrification measures
lawn mowers, chainsaws, and leaf
continued analysis of a potential
at port facilities. Section 1125 fully
blowers) that requires a transition to
national vehicle miles traveled (VMT)
repeals the Carbon Reduction
zero-emission technology. Industry
fee as a replacement or supplement
Program, which had directed
groups are challenging this rule in
to the federal gas tax, including
federal highway funding toward
court, arguing that a lack of viable
studies on impacts to rural versus
projects aimed at lowering
alternatives could hinder disaster relief
urban drivers and the feasibility of
transportation-related greenhouse
efforts.
interstate interoperability for road
gas emissions. These changes
usage charge systems.
reflect a shift away from certain climate-focused transportation
Several sections focus on hazardous
F U E L I O WA // w w w. F U E L I o w a . c o m
initiatives in favor of other priorities.
47
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