Stop the Government Ban on Gasoline & Diesel Vehicles
05/22/2025 UPDATE: U.S. Senate Overturns the “California Car” Mandate. Read More [https://www.energymarketersofamerica.org/nfch/archives/2025/nfch_25_06.html]
12/6/23 UPDATE: The House of Representatives approved Bill H.R. 4468, now the Senate needs to take action.
UPDATE as of 9/14/23: The House of Representatives approved bill H.R. 1435, now the Senate needs to take action.
From EMA (September 2023):
"The House of Representatives is considering a vote on three important pieces of legislation. We need members and supporters from our industry to help ensure they come up for a vote by contacting our members of Congress. Here’s more about the legislation:
H.R. 1435, The Preserving Choice in Vehicle Purchases Act would stop EPA from giving California the green light to enact its ban on gas and diesel vehicles. California, and the roughly 20 states that copy California, cannot ban vehicles and fuels or mandate the electrification of semi-trucks, for instance, without EPA permission. This policy makes clear that EPA can’t grant that permission if it’s going to be used to ban or restrict liquid-fuel-powered vehicles.
H.R. 4468, The Choice in Automobile Retail Sales Act would stop EPA’s recent proposal to require roughly 70% of new car and truck sales to be “zero tailpipe emission” in less than 10 years. EPA’s proposal, which ignores every category of emissions except for tailpipe emissions, is a de facto ban on liquid-fuel-powered cars and trucks and, by extension, the American-made fuels they run on.
H.R. 4469, The No Fuel Credits for Batteries Act makes clear that EPA does not have the authority to add an electric vehicle provision to the RFS, a long-standing liquid fuel policy meant to support U.S. energy security and American-grown biofuels. Any decision to expand or redirect the RFS in this way needs to come from Congress.
12/6/23 UPDATE: The House of Representatives approved Bill H.R. 4468, now the Senate needs to take action.
UPDATE as of 9/14/23: The House of Representatives approved bill H.R. 1435, now the Senate needs to take action.
From EMA (September 2023):
"The House of Representatives is considering a vote on three important pieces of legislation. We need members and supporters from our industry to help ensure they come up for a vote by contacting our members of Congress. Here’s more about the legislation:
H.R. 1435, The Preserving Choice in Vehicle Purchases Act would stop EPA from giving California the green light to enact its ban on gas and diesel vehicles. California, and the roughly 20 states that copy California, cannot ban vehicles and fuels or mandate the electrification of semi-trucks, for instance, without EPA permission. This policy makes clear that EPA can’t grant that permission if it’s going to be used to ban or restrict liquid-fuel-powered vehicles.
H.R. 4468, The Choice in Automobile Retail Sales Act would stop EPA’s recent proposal to require roughly 70% of new car and truck sales to be “zero tailpipe emission” in less than 10 years. EPA’s proposal, which ignores every category of emissions except for tailpipe emissions, is a de facto ban on liquid-fuel-powered cars and trucks and, by extension, the American-made fuels they run on.
H.R. 4469, The No Fuel Credits for Batteries Act makes clear that EPA does not have the authority to add an electric vehicle provision to the RFS, a long-standing liquid fuel policy meant to support U.S. energy security and American-grown biofuels. Any decision to expand or redirect the RFS in this way needs to come from Congress.
Credit Card Competition Act
06/07/2023 UPDATE: Referred to the House Committee on Financial Services.
Action By: House of Representatives
According to NACS: "Credit card swipe fees for the convenience store industry have increased a staggering 82% over the last 3 years and now stand at $19.5 billion.
But bipartisan legislation in Congress would tackle these fees and help protect Main Street businesses from the megabanks on Wall Street. NACS proudly supports the Credit Card Competition Act of 2023 (S. 1838/H.R. 3881), bipartisan, bicameral legislation." NECSEMA proudly supports this legislation too!
Action By: House of Representatives
According to NACS: "Credit card swipe fees for the convenience store industry have increased a staggering 82% over the last 3 years and now stand at $19.5 billion.
But bipartisan legislation in Congress would tackle these fees and help protect Main Street businesses from the megabanks on Wall Street. NACS proudly supports the Credit Card Competition Act of 2023 (S. 1838/H.R. 3881), bipartisan, bicameral legislation." NECSEMA proudly supports this legislation too!
GAMING
Online Lottery
Lottery is a critical product for convenience stores for both the commissions it provides and the foot-traffic it generates. C-stores represent over 50% of brick and mortar lottery agent locations and 70% of instant ticket sales. State lotteries promote online lottery as the way to reach younger generations of players, however research shows millennials and centennials continue to visit convenience stores. An appropriate first step to reach these young adults is to adopt a cashless payment program as digital wallets, not cash, is a preferred payment method. Any development of online lottery must consider convenience stores and the important role they’ve played and will continue to play so their businesses are enhanced, not harmed, by innovation.
Alternative Payments
As younger generations carry less paper currency and rely more on digital wallets, it is important that both state lotteries and their brick and mortar retail partners accept these alternative payment methods. Given that lottery agent commission is fixed and insufficient to absorb to the related fees associated with card and digital-card usage, it is imperative all fees be paid by the state lotteries.
Sports Wagering
State leaders must consider the US Department of Justice’s most recent interpretation of the Wire Act with respect to online sports wagering. NECSEMA supports legal sports wagering and believes convenience stores have an important role to play. Sports wagering should not be the exclusive domain on casinos and online sports-betting platforms. If a state is to enter sports wagering, then it should use all resources available to it. Offering ubiquity by allowing kiosk-based interfaces at qualifying lottery agents enhances awareness, generates additional handle, liquidity and profitability, creates opportunity for cross-promotion with state lottery products and supports local small business.
Lottery is a critical product for convenience stores for both the commissions it provides and the foot-traffic it generates. C-stores represent over 50% of brick and mortar lottery agent locations and 70% of instant ticket sales. State lotteries promote online lottery as the way to reach younger generations of players, however research shows millennials and centennials continue to visit convenience stores. An appropriate first step to reach these young adults is to adopt a cashless payment program as digital wallets, not cash, is a preferred payment method. Any development of online lottery must consider convenience stores and the important role they’ve played and will continue to play so their businesses are enhanced, not harmed, by innovation.
Alternative Payments
As younger generations carry less paper currency and rely more on digital wallets, it is important that both state lotteries and their brick and mortar retail partners accept these alternative payment methods. Given that lottery agent commission is fixed and insufficient to absorb to the related fees associated with card and digital-card usage, it is imperative all fees be paid by the state lotteries.
Sports Wagering
State leaders must consider the US Department of Justice’s most recent interpretation of the Wire Act with respect to online sports wagering. NECSEMA supports legal sports wagering and believes convenience stores have an important role to play. Sports wagering should not be the exclusive domain on casinos and online sports-betting platforms. If a state is to enter sports wagering, then it should use all resources available to it. Offering ubiquity by allowing kiosk-based interfaces at qualifying lottery agents enhances awareness, generates additional handle, liquidity and profitability, creates opportunity for cross-promotion with state lottery products and supports local small business.
TOBACCO
Flavor Bans
Prohibiting legal adult products is a proven health policy failure. Tobacco is a legal adult product that should only be sold by responsible retailers in a licensed, regulated and enforced environment. Prohibiting tobacco from sale in any size jurisdiction dismantles the protections of the legal market and send sales over borders and to criminals operating in the illicit market creating public health and public safety concerns as well as tax losses to the state and revenue losses to retailers. Banning menthol cigarettes and mint/wintergreen smokeless tobacco is a particularly senseless policy as traditional tobacco products have negligible youth appeal and banning menthol disproportionately impacts communities of color.
Massachusetts case study: On June 1, 2020, Massachusetts became the first and only state to ban flavored tobacco. The first 12 months demonstrate that the ban has been an utter failure. The vast majority of the excise tax stamp sales once sold in Massachusetts have migrated to New Hampshire and Rhode Island. In fact, menthol cigarette sales climbed 78.5% in NH and 42.5% in RI. Clear evidence a flavor ban is ineffective and only serves to rob the state of needed tax revenue and licensed retailers from selling a legal product their adult customers enjoy and have located elsewhere. Click the link to read NECSEMA's Whitepaper "Effect of Flavored Nicotine Ban in Massachusetts: Myth vs. Reality"
Prohibiting legal adult products is a proven health policy failure. Tobacco is a legal adult product that should only be sold by responsible retailers in a licensed, regulated and enforced environment. Prohibiting tobacco from sale in any size jurisdiction dismantles the protections of the legal market and send sales over borders and to criminals operating in the illicit market creating public health and public safety concerns as well as tax losses to the state and revenue losses to retailers. Banning menthol cigarettes and mint/wintergreen smokeless tobacco is a particularly senseless policy as traditional tobacco products have negligible youth appeal and banning menthol disproportionately impacts communities of color.
Massachusetts case study: On June 1, 2020, Massachusetts became the first and only state to ban flavored tobacco. The first 12 months demonstrate that the ban has been an utter failure. The vast majority of the excise tax stamp sales once sold in Massachusetts have migrated to New Hampshire and Rhode Island. In fact, menthol cigarette sales climbed 78.5% in NH and 42.5% in RI. Clear evidence a flavor ban is ineffective and only serves to rob the state of needed tax revenue and licensed retailers from selling a legal product their adult customers enjoy and have located elsewhere. Click the link to read NECSEMA's Whitepaper "Effect of Flavored Nicotine Ban in Massachusetts: Myth vs. Reality"
- View NECSEMA's January 5, 2021 Press Release
- Don't believe an illicit market for menthol cigarettes exists? Check out our partner's, Boston Convenience Store Owners Association, Facebook page for undercover surveillance video. Click here.
- In its 2022 Annual Report, the Massachusetts multi-agency Illegal Tobacco Task Force "identifies the cross-border smuggling of untaxed flavored ENDS products, cigars, and menthol cigarettes as the primary challenge for tobacco enforcement in the Commonwealth."
CLIMATE CHANGE
Transportation emission reduction initiatives should ensure the ability of our industry to compete on any mobility solution in the future. Policies should:
EV Infrastructure
NECSEMA acknowledges the evolving transportation fuel landscape and recognizes the role electric vehicles will likely play. Located on the busiest corners and along the most-trafficked roadways, convenience stores expect to continue playing a primary role in a mobility, regardless of fuel. EV and EVSE technology is rapidly developing, so it is important the market for charging equipment remain open and competitive. Regulators should take care not to allow monopolization by public utilities in any form around EV infrastructure, particularly given the nascent nature of the industry.
Infrastructure Investment and Jobs Act (IIJA)
According to the U.S. Department of Transportation, over the next five years our states will receive millions of dollars in additional funding to build out an Electric Vehicle (EV) charging network and will be eligible billions of dollars more in competitive grants under the Infrastructure Investment Jobs Act (IIJA) for Electric Vehicle purchase incentives and charging infrastructure. NECSEMA supports open, competitive and transparent markets for EV infrastructure and Direct Current Fast Charger (DCFC) deployment over a monopolistic approach that puts utilities at the center of this emerging market. Doing so will stifle competition and future innovation.
ICE Bans
Banning the internal combustion engine (ICE) vehicle is a dangerous and symbolic policy without a plan. There are far more practical ways to reduce emissions without forcing motorists to purchase a specific type of propulsion for a vehicle. Bans do not prevent motorists from purchasing cars and trucks form another non-ICE banned state.
- Encourage, promote and incentivize private sector solutions, investment and competition;
- Prioritize the free market over mandates;
- Be transparent and avoid uncertainty for businesses and consumers;
- Ensure all modes of transportation pay their fair share for infrastructure usage.
EV Infrastructure
NECSEMA acknowledges the evolving transportation fuel landscape and recognizes the role electric vehicles will likely play. Located on the busiest corners and along the most-trafficked roadways, convenience stores expect to continue playing a primary role in a mobility, regardless of fuel. EV and EVSE technology is rapidly developing, so it is important the market for charging equipment remain open and competitive. Regulators should take care not to allow monopolization by public utilities in any form around EV infrastructure, particularly given the nascent nature of the industry.
Infrastructure Investment and Jobs Act (IIJA)
According to the U.S. Department of Transportation, over the next five years our states will receive millions of dollars in additional funding to build out an Electric Vehicle (EV) charging network and will be eligible billions of dollars more in competitive grants under the Infrastructure Investment Jobs Act (IIJA) for Electric Vehicle purchase incentives and charging infrastructure. NECSEMA supports open, competitive and transparent markets for EV infrastructure and Direct Current Fast Charger (DCFC) deployment over a monopolistic approach that puts utilities at the center of this emerging market. Doing so will stifle competition and future innovation.
ICE Bans
Banning the internal combustion engine (ICE) vehicle is a dangerous and symbolic policy without a plan. There are far more practical ways to reduce emissions without forcing motorists to purchase a specific type of propulsion for a vehicle. Bans do not prevent motorists from purchasing cars and trucks form another non-ICE banned state.
DEVELOPMENT
Highway Rest Area Commercialization
Federal law prohibits the development of interstate rest areas built after January 1, 1960. This law was designed because when Congress created the Interstate Highway System in the 1950s, community leaders feared local businesses, jobs and tax bases would shrink as motorists bypassed their cities and towns should commercial services such as food and fuel be offered along the highways. Many of the existing convenience/fueling businesses located off the interchanges in the state were developed because of the protection this law provides. Commercializing rest areas would jeopardize these private businesses and simply transfer existing excise, use and sales taxes not generate new revenue.
Federal law prohibits the development of interstate rest areas built after January 1, 1960. This law was designed because when Congress created the Interstate Highway System in the 1950s, community leaders feared local businesses, jobs and tax bases would shrink as motorists bypassed their cities and towns should commercial services such as food and fuel be offered along the highways. Many of the existing convenience/fueling businesses located off the interchanges in the state were developed because of the protection this law provides. Commercializing rest areas would jeopardize these private businesses and simply transfer existing excise, use and sales taxes not generate new revenue.
Labor
Covid-19 Liability Protection
From the start of the pandemic, the Dept. of Homeland Security deemed convenience stores, gas stations and the wholesalers and trucking companies that supply essential businesses and critical infrastructure. These businesses continued to provide fuel, food, beverages, overt he counter medication and other goods and services to their communities and customers. While grateful, it was not without significant expense and challenge. Examples of harassment, confrontation and even physical harm were common since March 2020. Despite following CDC guidance and taking all protective precaution, these businesses could face exorbitant civil suits alleging that individuals contracted COVID-19 at one of their locations simply because they have been open and operating during the pandemic. It is critical that Congress and/or State legislatures pass legislation providing liability protections to businesses for the duration of the national public health emergency. Legislation should not cover bad actors, but only those businesses who prioritized the safety of employees and guests and acted responsibly to mitigate the spread of the virus.
From the start of the pandemic, the Dept. of Homeland Security deemed convenience stores, gas stations and the wholesalers and trucking companies that supply essential businesses and critical infrastructure. These businesses continued to provide fuel, food, beverages, overt he counter medication and other goods and services to their communities and customers. While grateful, it was not without significant expense and challenge. Examples of harassment, confrontation and even physical harm were common since March 2020. Despite following CDC guidance and taking all protective precaution, these businesses could face exorbitant civil suits alleging that individuals contracted COVID-19 at one of their locations simply because they have been open and operating during the pandemic. It is critical that Congress and/or State legislatures pass legislation providing liability protections to businesses for the duration of the national public health emergency. Legislation should not cover bad actors, but only those businesses who prioritized the safety of employees and guests and acted responsibly to mitigate the spread of the virus.