In Brief

January 6, 2025

Welcome to this week’s Members-Only Monday Morning Messenger from the Texas Propane Gas Association (TPGA).

In our first story of the morning, the association shares the ins and outs of getting hours waivers this winter.

Secondly, as temperatures dip below freezing, TPGA reminds you of the Texas law on filling other companies' lease tanks.

Thirdly, in light of recent events, TPGA emphasizes the importance of facility security.

Also, as we head into the Texas Legislative Session next week, TPGA gives you a preview of one proposed bill that affects propane community systems.

Additionally, as we start a new year, we share a look back on how the Alternative Fuels Safety Department of the Railroad Commission of Texas performed in 2024.

Lastly, the EPA Clean School Bus Grant deadline is this week, has your local school district applied yet?

Don’t forget to explore the Featured Grants section for current grant opportunities for propane autogas.

In our Quick Links, you can find weekly propane price updates, the Propane Service Corporation store, the GeneratioNext job board, and the NPGA Scholarship.

In this issue

In Brief
Understanding Waivers
Emergency Tank Filling
Facility Security
Disconnection Proposal
AFS: RRC Year in Review
CSB Deadline
Quick Links

Calendar

January 9, 2025

EPA Clean School Bus Program Grant Deadline

January 9, 2025

Alamo Area Clean Cities Coffee Chat

January 10, 2025

Ad deadline for the February magazine

January 14, 2025

89th Texas Legislature convenes

January 15, 2025

PERC Energy Ambassador Application Deadline

January 20, 2025

TPGA Closed MLK Day

ANNUAL CALENDAR

Understanding Emergency Declaration Waivers

With frigid temperatures sweeping across Texas this week and as we head into the peak winter months, we wanted to give you a rundown on hours of service waivers so you know when you might anticipate the issuing of waivers.

Here’s what you need to know:

What Triggers an Emergency Declaration?

Emergency declarations may be issued by the President, Governors, FMCSA or other state or local governmental entities with this authority. The waiver/declaration enables the delivery of vital supplies and services to disaster areas. These declarations temporarily suspend certain FMCSRs, including hours-of-service rules, for motor carriers responding to the emergency.

For a waiver to be issued, an emergency must:

Disrupt essential services or supplies, such as propane delivery or
Meet the definition of an emergency, like hurricanes, tornadoes, blackouts, storms, or other emergencies outlined under federal law (49 CFR 390.5).

Frigid temperatures without inclement weather or supply disruption do not meet the threshold for an emergency. Similarly, propane industry efforts to support disaster response in a defined disaster area can qualify.

TPGA's Strategic Approach

TPGA carefully evaluates each situation before requesting waivers, ensuring clear evidence of the need is presented.

With inclement weather now forecasted for North, West, and Central Texas later this week, TPGA will proactively engage state authorities in case inclement weather does hit. This way, if hazardous road conditions and logistical challenges arise, authorities will be ready to act quickly to provide any necessary waivers.

We continue to monitor this and other situations throughout the winter and will act swiftly if conditions warrant an emergency declaration.

Thank you to everyone who has shared insights on supply and conditions (so far)—your input is invaluable.

Emergency Tank Filling: What You Need to Know This Winter

With below-freezing temperatures hitting parts of Texas this week, customers may be anxious to fill their propane tanks by any means necessary.

The Texas Propane Gas Association (TPGA) reminds its members that Chapter 2002 of the Texas Business & Commerce Code allows filling tanks owned by another fuel provider only in an emergency.

According to the law, a person who is not the owner of a liquefied petroleum gas container may fill or refill the container if the following conditions are met:

The occupant of the premises where the container is located requests the service.
The occupant signs a written request stating:

(A) An emergency exists.
(B) The owner of the container is unavailable to fill or refill it.

All conditions (1, 2, A, and B) must be met to proceed with filling the tank.

To read the full law, click here.

See Something, Say Something: Facility Security

In light of the recent attack in New Orleans and recent suspicious activity at a propane facility, the association is asking the industry to be vigilant regarding facility security.

Just days into the New Year, TPGA was made aware of concerning activity on propane industry message boards about a propane facility on the Eastern seaboard. This was corroborated by the National Propane Gas Association (NPGA). Both the message boards and NPGA reported of two unknown individuals were seen taking pictures of storage tanks and rail cars with long lens cameras. Federal, state, and local authorities were quickly notified.

We recommend:

· Reviewing security protocols with all staff members

· Ensuring employees understand reporting procedures.

· Maintaining vigilance regarding unauthorized facility access or suspicious activity

Please encourage all personnel to report any concerning observations to appropriate authorities.

Texas Legislature Proposes Tightening Disconnection Law

During the legislative pre-filing period, Rep. Cecil Bell (R-Magnolia) introduced TX HB 704, a bill focused on disconnection services provided to homes.

The bill specifically applies to electric, natural gas, and propane distribution system operators, with particular emphasis on propane distribution system retailers.

HB 704 strengthens existing laws by expanding the prohibition on disconnecting propane service to residential customers. Previously, propane distribution system retailers could not disconnect service on weekends. Under the new bill, disconnections are also prohibited on state holidays and the day before a weekend or state holiday unless personnel are available to accept payments and reconnect service on those days.

Currently, propane distribution system operators are subject to price, fee, and service regulations under Chapter 141 of the Texas Utilities Code.

A Distribution System Retailer is a propane company that owns and operates a system of tanks, equipment, and pipes to supply propane to at least 10 customers.

VIEW HB 704

Stay tuned for more Legislative Updates as the Texas Legislative Session officially starts next week, Tuesday, January 14, 2025.

Alternative Fuel Safety (AFS) Department of Railroad Commission: Year in Review

The Railroad Commission (RRC) has released its Annual Report, see below on how the AFS Department fared in 2024.

Source: RRC Year in Review 2024

Final Call: Last Chance for Your Local School District to Apply for Clean School Bus Rebates

EPA is offering up to $965 million for electric, propane, and compressed natural gas school buses through the 2024 Clean School Bus Rebate Program. Don’t miss this incredible opportunity for your school district to receive up to $35,000 per propane bus. Schools can also request an additional $20,000 per ADA-compliant bus equipped with a wheelchair lift, regardless of the bus's fuel type.

School districts can apply for up to 50 buses at a time (new threshold max announced).

All 2024 CSB Rebate Program applications must be submitted by 4 PM ET on Thursday, January 9th, 2025.

Please visit the Clean School Bus Rebate Program homepage at https://www.epa.gov/cleanschoolbus to access the 2024 CSB Rebate Program Guide, which includes all program requirements and other program details and resources.

If you have any questions or feedback, please contact EPA at cleanschoolbus@epa.gov.