Bill Text: CA AB2066 | 2015-2016 | Regular Session | Amended
Bill Title: Service stations: petroleum supply and pricing.
Spectrum: Partisan Bill (Republican 14-0)
Status: (Failed) 2016-11-30 - From committee without further action. [AB2066 Detail]
Download: California-2015-AB2066-Amended.html
BILL NUMBER: AB 2066 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 18, 2016
AMENDED IN ASSEMBLY MARCH 14, 2016
INTRODUCED BY Assembly Member Lackey
(Principal coauthor: Assembly Member Jones)
(Coauthors: Assembly Members Travis Allen, Baker, Brough, Chang,
Gallagher, Hadley, Kim, Obernolte, Olsen, and Patterson)
(Coauthors: Senators Bates and Runner)
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 amended, 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 gasoline and diesel fuel, as annually
calculated by the commission, commission in
consultation with the Legislative Analyst's Office, 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) 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 that 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) Every 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 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 federal Americans With Disabilities Act of 1990 (42
U.S.C. Sec. 12101 et seq.) 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 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) (1) 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. The sign may display
the federal excise tax rate as "up to $.184."
(2) The sign described in paragraph (1) also shall display the
average per-gallon cost of gasoline and diesel fuel, as annually
calculated by the State Energy Resources Conservation and Development
Commission, Commission in consultation with
the Legislative Analyst's Office, 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.
(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 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. A citation shall not 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.
