Legislative Corner: The Top Issues & Actions of March 2022

NATIONAL REPORT — Convenience Store News canvasses local trade associations and news sources to cover the latest issues affecting the channel locally.

This month, a number of local legislative activities occurred in Florida, New York and Pennsylvania: 

FLORIDA

Electric Vehicle Charging

Leon County Commissioners announced they will consider a request to schedule a public hearing to consider an electric vehicle (EV) charging station ordinance. The proposed ordinance would require new developers to include EV charging stations in their parking lots.

NEW YORK

Lottery Commission Campaign

The New York Association of Convenience Stores (NYACS) and allied retail trade associations are mounting an all-out push to convince Governor Kathy Hochul and the Legislature to increase commissions for lottery retailers from the current 6 to 7 percent gradually over the next four years. Incremental growth in commission income is being far outpaced by labor costs and other operating expenses associated with selling and redeeming New York Lottery tickets.

Styrofoam Ban Complications

NYACS advised the state Department of Environmental Conservation (DEC) that post-pandemic supply-chain realities are making it hard for many retailers to comply with the state's new ban on Styrofoam food and beverage containers.

"I need to make you aware that some NYACS members — responsible retailers who are striving to comply with the polystyrene ban — are unable to access non-foam coffee cups right now," NYACS President Jim Calvin told the DEC. "These outages of non-foam are sporadic rather than across-the-board, and the supply situation appears to be shifting week to week.

"The problem centers on coffee cups, especially larger ones such as 24-ounce," he said. "I have advised my members use foam as a last resort, but only on an interim basis until the supply of non-foam is restored. They understand their obligations under the law, but they also know that no convenience store can afford to suspend their coffee program for lack of cups."

Mandatory Retirement Plans

Starting later in 2022, under a new law, New York State will require businesses with 10 or more employees that do not provide a retirement plan to automatically enroll their employees in the state's new Secure Choice Savings Plan. This program has not opened yet, so affected employers do not need to do anything at the moment. Once the it does open, they won't be required to pay into the retirement savings accounts, only to administer the program.

Plastic Straw Legislation

A bill that would permit food establishments statewide to give beverage customers a plastic straw only upon request has reached the floor of the state Assembly. NYACS asked the sponsor to amend it to include plastic straw dispensers at self-serve beverage fountains, but so far Gov. Hochul has refused.

"It stands to reason that a customer who reaches for a straw from a bucket or dispenser is silently requesting one," NYACS argued. "Forcing beverage fountain customers to verbally request a straw would take the 'self' out of these self-serve stations."

New York City already has a similar law.

PENNSLYVANIA

The Pennsylvania Food Merchants Association (PFMA) has launched a bi-weekly podcast called "Shelf Confidence" that focuses on trends and innovation in the food and beverage retail industry. This month, Lisa Dell'Alba, president and CEO of Square One Markets, appeared on the podcast to talk about the opportunities and challenges of running a family-owned convenience store chain. Dell'Alba, who is vice chair of the PFMA Board of Directors, stressed how working with associations is a key to success.

The episode is available here.