California Legislature—2015–16 Regular Session

Assembly Bill No. 2066

Introduced by Assembly Member Lackey

(Principal coauthor: Assembly Member Jones)

(Coauthors: Assembly Members Baker, Gallagher, Hadley, and Kim)

February 17, 2016

An act to amend Section 13651 of the Business and Professions Code, relating to service stations.

LEGISLATIVE COUNSEL’S DIGEST

AB 2066, as introduced, Lackey. Service stations: petroleum supply and pricing.

Existing law requires every service station in this state to display at a conspicuous place on, at, or near the dispensing apparatus, or at or near the point of sale, at least one clearly visible sign showing a list of applicable state and federal fuel taxes per gallon of motor vehicle fuel sold from the dispensing apparatus. A violation of this provision is an infraction.

Existing law establishes the State Energy Resources Conservation and Development Commission in the Natural Resources Agency, and specifies the powers and duties of the commission with respect to energy resources in the state. Under existing law, various provisions regulate petroleum supply and pricing.

The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The act authorizes the state board to include the use of market-based compliance mechanisms.

This bill would require every service station to also display the average per-gallon cost of gasolline and diesel fuel, as calculated by the commission, across the industry of refiners producing transportation fuels as a result of their compliance with a market-based compliance mechanism. Because a violation of this requirement would be a crime, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

Section 13651 of the Business and Professions
Code is amended to read:

13651.  

(a) (1)  begin delete On and after January 1, 2000, every end delete begin insert Every end insert
service station in this state shall begin delete provide, end delete begin insert provide end insert during operating
hours, and make available at no cost to customers who purchase
motor vehicle fuel, water, compressed air, and a gauge for
measuring air begin delete pressure, end delete begin insert pressure end insert to the public for use in servicing
any passenger vehicle, as defined in Section 465 of the Vehicle
Code, or any commercial vehicle, as defined in Section 260 of the
Vehicle Code, with an unladen weight of 6,000 pounds or less.

(2) Every service station in this state shall display, at a
conspicuous place on, at, or near the dispensing begin delete apparatus, end delete
begin insert apparatus end insert at least one clearly visible sign begin delete which end delete begin insert that end insert shall read as
follows: “CALIFORNIA LAW REQUIRES THIS STATION TO
PROVIDE FREE AIR AND WATER FOR AUTOMOTIVE
PURPOSES TO ITS CUSTOMERS WHO PURCHASE MOTOR
VEHICLE FUEL. IF YOU HAVE A COMPLAINT NOTIFY
THE STATION ATTENDANT AND/OR CALL THIS
TOLL-FREE TELEPHONE NUMBER: 1 (800) ___ ____.” This
sign shall meet the requirements of Sections 13473 and 13474 with
regard to letter size and contrast. As used in this paragraph,
automotive purposes does not include the washing of vehicles.

(b) (1)  begin delete On and after January 1, 1990, every end delete begin insert Every end insert service station
in this state located within 660 feet of an accessible right-of-way
of an interstate or primary highway, as defined in Sections 5215
and 5220, shall begin delete provide, end delete begin insert provide end insert during business hours public
restrooms for use by its customers. Service stations shall not charge
customers separately for the use of restroom facilities.

(2) The public restroom shall not be temporary or portable but
shall be permanent and shall include separate facilities for men
and women, each with toilets and sinks suitable for use by disabled
persons in accordance with Section 19955.5 of the Health and
Safety Code and Title 24 of the California Code of Regulations.
However, a service station not located along an interstate highway
and in a rural area, as defined by Section 101 of Title 23 of the
United States Code, and where the annualized average daily traffic
count is 2,500 vehicles or less, is only required to provide a single
restroom to be used by both men and women unless the local
legislative body or, upon designation by the local legislative body,
the local building official determines and finds, based upon traffic
studies and local or seasonal tourist patterns, that a single restroom
would be inadequate to serve the public. In that event, the single
restroom exemption shall not apply. The single restroom shall
contain a toilet, urinal, and sink suitable for use by disabled persons
as required by the begin insert federal end insert Americans With Disabilities Act begin insert of 1990
(42 U.S.C. Sec. 12101 et seq.) end insert and Title 24 of the California Code
of Regulations. The single restroom shall be equipped with a
locking mechanism to be operated by the user of the restroom and
the restroom shall be maintained in a clean and sanitary manner.

(3) This subdivision does not apply to service stations that are
operational prior to January 1, 1990, and that would be obligated
to construct permanent restroom facilities to comply with this
subdivision.

(4) For begin delete the end delete purposes of this subdivision, “customer” means a
person who purchases any product available for sale on the
premises of the service station, including items not related to the
repairing or servicing of a motor vehicle.

(c)  begin insert (1) end insert begin insert   end insert Every service station in this state shall begin delete display, end delete begin insert display end insert
at a conspicuous place on, at, or near the dispensing begin delete apparatus end delete
begin insert apparatus, end insert or at or near the point of sale, at least one clearly visible
sign showing a list of applicable state and federal fuel taxes per
gallon of motor vehicle fuel sold from the dispensing apparatus.
The sign may display the federal excise tax rate as “up to $.184.”

begin insert

(2) The sign described in paragraph (1) also shall display the
average per-gallon cost of gasoline and diesel fuel, as calculated
by the State Energy Resources Conservation and Development
Commission, across the industry of refiners producing
transportation fuels as a result of their compliance with a
market-based compliance mechanism adopted by the State Air
Resources Board pursuant to Section 38570 of the Health and
Safety Code.

end insert

(d) (1) The Division of Measurement Standards of the
Department of Food and Agriculture shall, no later than January
1, 2001, establish a toll-free customer complaint telephone number.
The toll-free telephone number thereby established shall be printed
on the sign required pursuant to paragraph (2) of subdivision (a).

(2) Notwithstanding any other begin delete provision of end delete law, employees of
the Division of Measurement Standards, upon inspection, or upon
notice of a complaint forwarded pursuant to this section, are
empowered to investigate a complaint against a service station for
lack of free air and water and issue a citation to the station, and to
collect a fine of two hundred fifty dollars ($250) per valid
complaint, unless the citation is challenged in court. begin delete No end delete begin insert A end insert citation
shall begin insert not end insert be issued if the air and water equipment is in good
working order upon initial inspection, or if they are repaired to the
satisfaction of the inspecting entity within 10 working days of the
initial inspection. In addition, no citation based on nonfunctional
air and water equipment shall be issued if the service station can
establish that the equipment has been the target of repeated
vandalism, substantiated by three or more police reports within
six months detailing the vandalism.

SEC. 2.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.