Bill Text: CA AB2066 | 2015-2016 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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BILL NUMBER: AB 2066	INTRODUCED
	BILL TEXT


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)  On and after January 1, 2000, every
  Every  service station in this state shall
 provide,   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,   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,
  apparatus  at least one clearly visible sign
 which   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)  On and after January 1, 1990, every 
 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,   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  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)  (1)    Every service station in this state
shall  display,   display  at a conspicuous
place on, at, or near the dispensing  apparatus 
 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 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. 
   (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
  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.