BILL NUMBER: AB 531	CHAPTERED
	BILL TEXT

	CHAPTER   583
	FILED WITH SECRETARY OF STATE   SEPTEMBER 30, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 28, 1999
	PASSED THE SENATE   SEPTEMBER 9, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 9, 1999
	AMENDED IN SENATE   SEPTEMBER 9, 1999
	AMENDED IN SENATE   AUGUST 31, 1999
	AMENDED IN SENATE   AUGUST 16, 1999
	AMENDED IN SENATE   JULY 15, 1999

INTRODUCED BY   Assembly Member Soto
   (Coauthor:  Assembly Member Correa)

                        FEBRUARY 18, 1999

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 531, Soto.  Service stations.
   (1) Existing law requires every service station in this state to
provide, during operating hours, water, compressed air, and a gauge
for measuring air pressure, to the public for use in servicing any
passenger or commercial vehicle, as defined.  Existing law provides
that the failure of an owner or manager of a service station to have
adequate water and air facilities for use by the public for 5
consecutive working days constitutes a rebuttable presumption that
the owner or manager has intentionally violated these provisions.  An
intentional violation of these provisions is an infraction
punishable by a fine not to exceed $50 per day.
   This bill would require that these air and water services be made
available at no cost to customers who purchase motor vehicle fuel, as
defined.  The bill would require service stations to place and
maintain a specified sign regarding these services.
   The bill would create a specified enforcement system by which
consumers may report complaints via a toll-free customer complaint
telephone number to the Division of Measurement Standards.  The bill
would provide that upon inspection, or upon notice of a complaint,
employees of the division would be empowered to investigate
complaints and issue citations, punishable by a fine of $250 per
valid complaint,  unless the citation is challenged in court.  The
issuance of a citation would be precluded if the air and water
equipment is in good working order upon initial inspection, or if the
air and water equipment is repaired to the satisfaction of the
inspecting entity within 10 working days of that initial inspection.
The bill would also exempt from the issuance of a citation air and
water equipment that is the target of repeated vandalism, as
specified.
   This bill would state legislative findings and declarations with
regard to free access to air and water services, would require the
division to submit a specified report to the Legislature by March 1,
2001.  By creating a new crime punishable as an infraction, this bill
would impose a state-mandated local program.
  (2) 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.


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


  SECTION 1.  The Legislature finds and declares that air and water
are essential to the safe operation of motor vehicles, and therefore
public safety requires that free air and water be accessible at all
service stations.
  SEC. 2.  Section 13651 of the Business and Professions Code is
amended to read:
   13651.  (a) (1) On and after January 1, 2000, every service
station in this state shall provide, 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 pressure, 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 apparatus, at least
one clearly visible sign which 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) On and after January 1, 1990, every service station in
this state located within 660 feet of an accessible right-of-way of
any interstate or primary highway, as defined in Sections 5215 and
5220, shall provide, 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 Americans With Disabilities Act 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 which are
operational prior to January 1, 1990, and which would be obligated to
construct permanent restroom facilities to comply with this
subdivision.
   (4) For the 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) Every service station in this state shall 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.
   (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 provision of 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.  No citation shall 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. 3.  The Division of Measurement Standards of the Department of
Food and Agriculture shall submit a report on the compliance rate
and the enforcement costs of this act to the Legislature by March 1,
2001.
  SEC. 4.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB 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 XIIIB of the California Constitution.