BILL NUMBER: AB 868	CHAPTERED  10/10/07

	CHAPTER  398
	FILED WITH SECRETARY OF STATE  OCTOBER 10, 2007
	APPROVED BY GOVERNOR  OCTOBER 10, 2007
	PASSED THE SENATE  SEPTEMBER 6, 2007
	PASSED THE ASSEMBLY  SEPTEMBER 10, 2007
	AMENDED IN SENATE  AUGUST 23, 2007
	AMENDED IN SENATE  JULY 11, 2007
	AMENDED IN ASSEMBLY  JUNE 6, 2007
	AMENDED IN ASSEMBLY  JUNE 1, 2007
	AMENDED IN ASSEMBLY  APRIL 10, 2007

INTRODUCED BY   Assembly Member Davis

                        FEBRUARY 22, 2007

   An act to add Article 19 (commencing with Section 13630) to
Chapter 14 of Division 5 of the Business and Professions Code,
relating to gasoline dispensing.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 868, Davis. Gasoline dispensing: weights and measures.
   Existing law regulates gasoline temperature and measurement for
purposes of dispensing fuel at retail facilities.
   This bill would require the California Energy Commission, in
partnership with the Department of Food and Agriculture and the State
Air Resources Board, to conduct a cost-benefit analysis and survey,
as specified, and to make recommendations to the Legislature
regarding future legislation and regulations, regarding the reference
temperature for fuel dispensation, as specified, not later than
December 31, 2008.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Article 19 (commencing with Section 13630) is added to
Chapter 14 of Division 5 of the Business and Professions Code, to
read:

      Article 19.  Fuel Delivery Temperature Study


   13630.  (a) The California Energy Commission in partnership with
the Department of Food and Agriculture and the State Air Resources
Board shall conduct a comprehensive survey and cost-benefit analysis,
as follows:
   (1) The department shall conduct a survey on the effect of
temperatures on fuel deliveries. The survey shall be conducted during
routine dispenser inspections by determining the accuracy of fuel
delivery, and recording fuel temperature, air temperature, and
storage tank temperature at fuel stations and other fuel facilities
subject to inspection. It is the intent of the Legislature that the
department use data collected by the survey that the department
started on April 1, 2007, and will complete on March 31, 2008.
   (2) The department shall transmit the results of the survey to the
California Energy Commission, which shall conduct a cost-benefit
analysis and comparison of various options relative to
temperature-corrected gallonage temperatures for the following:
   (A) Retaining the current reference temperature of 60 degrees
Fahrenheit.
   (B) Establishing a different statewide reference temperature.
   (C) Establishing different regional reference temperatures for the
state.
   (D) Requiring the installation of temperature correction or
compensation equipment at the pump.
   (b) The commission shall evaluate how different reference
temperatures or temperature correction devices apply to alternative
fuels and low-carbon fuel standards.
   (c) The California Energy Commission shall convene an advisory
group no later than January 25, 2008, including, but not limited to,
equipment manufacturers, consumer groups, fuel industry
representatives, agricultural commissioners, appropriate government
agencies, and other interested parties to provide guidance on the
study pursuant to this section and provide guidance on the analysis
and recommendations.
   (d) The California Energy Commission, in partnership with the
Department of Food and Agriculture and the State Air Resources Board,
shall conduct public hearings on the results of the cost-benefit
analysis and report to the Legislature regarding recommended
legislation and regulations based on the results of the study not
later than December 31, 2008.