An Act concerning voluntary consumer choice and convenience in the dispensing of fuel for motor vehicles, amending the title and body of and supplementing P.L.1989, c.263, and repealing section 1 of P.L.1989, c.263.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. (New section) This act shall be known and may be cited as the "Voluntary Motorist Choice and Consumer Convenience Act."

2. (New section) a. The Legislature finds and declares that:

(1) Motorist safety and convenience will be enhanced with voluntary self-service dispensing of fuel as it will result in more stations being open in the evening, thus providing greater access and availability of motor fuel sources to customers; and

(2) Self-service dispensing of fuel will provide greater safety for attendants by making them less vulnerable to becoming crime victims.

b. The Legislature further finds and declares, in concurrence with the findings of the staff of the Federal Trade Commission that:

(1) The current ban on self-service stations in New Jersey appears to impose substantial costs on consumers that are not likely to be offset by justifiable safety-related concerns;

(2) Voluntary self-service is no longer a threat to fire safety, with the advent of significant technological and safety improvements in self-service dispensing, such as nozzle valves that automatically shut off and the installation of emergency shut-off switches near the pumps;

(3) Fire insurance rates are the same for full-service and self-service stations; and

(4) As the conclusion of the Federal Trade Commission findings declare: Evidence indicates that safety problems associated with self-service stations do not appear significant, and that self-service gasoline retailing offers large potential savings to consumers. For these reasons, we believe that consumers and visitors in New Jersey would benefit substantially if the ban on self-service were repealed.

3. (New section) a. Except as provided in subsections b. and c. of this section, a service station may operate one, more than one, or all of its islands as either full-service islands or self-service islands.

b. For a period of three years from the effective date of this act, a service station shall operate not less than one of its islands as a full-service island between the hours of 7 a.m. and 8 p.m., provided
that the station is open to the public during those hours.

c. Following the effective date of this act, the New Jersey Turnpike Authority shall not enter into any contract with a retail dealer to sell branded fuel at a service plaza on the New Jersey Turnpike or the Garden State Parkway unless that dealer is required to operate not less than one of its islands as a full-service island.

4. (New section) A service station may offer a discount to customers who purchase motor fuel of like grade and quality that is dispensed by self-service at the station, provided that the motor fuel shall not be sold at a price which is below the net cost of that motor fuel to the service station, plus all selling expenses.

5. (New section) a. A service station offering self-service and full-service shall provide service by an attendant in the dispensing of every grade of fuel offered at self-service at no additional charge, if requested to do so by a person with a disability who is operating a motor vehicle bearing a placard or wheelchair symbol license plate, as authorized by the New Jersey Motor Vehicle Commission pursuant to P.L.1949, c.280 (C.39:4-204 et seq.).

b. Every service station offering gasoline exclusively by self-service shall provide refueling assistance without a charge beyond the self-service price.

c. Every service station offering exclusively self-service gasoline shall either:

(1) provide at least one refueling site with a calling device which allows a person with a disability, as described in subsection a. of this section, to signal an employee that refueling assistance is needed. A "calling device" shall meet the following minimum specifications:

(a) provide a recognizable signal inside the retail establishment that a driver needs refueling assistance;

(b) be able to be operated from the vehicle using only one hand;

(c) have at least one sign next to it which identifies the device and specifies the hours when refueling assistance is available; and

(d) be able to be operated from the vehicle in accordance with all requirements of the Americans with Disabilities Act Accessibility Guidelines; or

(2) at every pump selling gasoline there shall be a sign, with letters at least one-half inch in height, containing:

(a) the hours in which refueling assistance will be available; and

(b) a phone number which can be called during those hours refueling assistance will be available, so that an employee of the service station can be made aware that a person, as described by subsection a. of this section, is eligible to have fuel pumped for him.

d. A service station is not required to provide refueling assistance during those times that the station is being operated on a remote control basis by only one employee.

e. An employee providing refueling assistance has the right to request proof that the operator of a vehicle is the owner of the vehicle to whom a placard or wheelchair symbol license plate has been issued.

f. Notwithstanding any other provision of this section, an attendant is not required to provide refueling assistance if it is determined that the operator of the vehicle is reasonably capable of providing self-service or if the vehicle contains another individual who is reasonably capable of providing self-service.

6. (New section) The commissioner shall, within 30 days of the enactment date of this act, promulgate, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations governing the self-service dispensing of fuels in conformity with a standard which shall be no less strict than the National Fire Protection Association Standard 30A: Code for Motor Fuel Dispensing Facilities and Repair Garages, including regulations establishing emergency procedures and standards concerning pump shutoff switches, fire suppression systems and other safety equipment to be used for self-service dispensing of fuel at stations, and standards for portable containers for fuel dispensed at stations, which standards shall be consistent with other State and federal regulations, and which at a minimum shall require that:

a. Fuel be dispensed only by a person who is not smoking;

b. A sign in block letters at least four inches in height be conspicuously displayed on each self-service island stating that it is a self-service island;

c. Signs giving instructions for the operation of fuel dispensing equipment, in block letters at least one-quarter inch in height, be conspicuously posted at each station and island offering self-service;

d. A sign bearing the following words in block letters at least two inches in height be conspicuously posted on each self-service island:

(1) "Stop Engine;"

(2) "No Smoking;"

(3) "Warning--It is Unlawful and Dangerous to Dispense Gasoline into Unapproved Containers;"

e. Signs required by this section be constructed of rigid, weather-resistant material;

f. Fuel dispensing nozzles used by any person be of an approved automatic closing type; and

g. There be present at every station offering self-service dispensing of fuel a clearly identified and easily accessible switch or circuit breaker to shut off the power to all dispensing pumps in the event of an emergency.

7. (New section) A franchisor or owner of a service station shall not, as a condition of the franchise or lease for the service station, as the case may be, require the service station to be operated as a self-service only station, a full-service only station, or a station which offers both.

8. (New section) a. The governing body of a county or municipality shall not adopt any ordinance, resolution, law, rule or regulation requiring or prohibiting service stations to offer self-service dispensing of motor fuel in any capacity.

b. The provisions of this act shall preempt any ordinance, resolution, law, rule or regulation adopted by the governing body of a county or municipality prior to the effective date of this act regarding the availability of self-service of motor fuel.

9. The title of P.L.1989, c.263 is amended to read as follows:

An Act establishing safety standards for retail gasoline stations, [including a prohibition of the self-service of gasoline and other inflammable liquids by customers,] repealing P.L.1949, c.274 (C.43:3A-1 et seq.) and making an appropriation.

(cf: P.L.1989, c.263)

10. Section 2 of P.L.1989, c.263 (C.34:3A-5) is amended to read as follows:

2. As used in [this act] P.L.1989, c.263 (C.34:3A-4 et seq.) and P.L. , c. (C. ) (pending before the Legislature as this bill):

"Attendant" means a [retail dealer or employee of a retail dealer] person who is authorized and works at a service station.

"Commissioner" means the Commissioner of Labor and Workforce Development.

"Fuel" means any liquid commonly or commercially known or sold as gasoline, or other [inflammable liquid] motor fuel, which is sold for use as fuel in the internal combustion engines of motor vehicles.

"Full-service island" means an island at which fuel is exclusively dispensed by an attendant.

["Gasoline station" or "station" means a place of business located in the State and used for the retail sale and dispensing of fuel into the tanks of motor vehicles.]

"Island" means a location of one or more pumps dispensing fuel which can accommodate one or more motor vehicles on each side of the pump or pumps at a time.

"Retail dealer" means a person operating a [gasoline] service station.

"Self-service island" means an island at which fuel is dispensed into the tanks of motor vehicles by a person other than an attendant.

"Service station" or "station" means a place of business located in the State and used for the retail sale and dispensing of fuel into the tanks of motor vehicles.

(cf: P.L.1989, c.263, s.2)

11. Section 3 of P.L.1989, c.263 (C.34:3A-6) is amended to read as follows:

3. It shall be unlawful for any attendant or any other person to:

a. Dispense fuel into the tank of a motor vehicle while the vehicle's engine is in operation;

b. Dispense fuel into any portable container not in compliance with regulations adopted pursuant to section 8 of [this act] P.L.1989, c.263 (C.34:3A-11); or

c. Dispense fuel while smoking [; or] .

d. [Permit any person who is not an attendant to dispense fuel into the tank of a motor vehicle or any container.] (Deleted by amendment, P.L. , c. .)

(cf: P.L.1989, c.263, s.3)

12. Section 4 of P.L.1989, c.263 (C.34:3A-7) is amended to read as follows:

4. No [person] attendant shall dispense fuel at a [gasoline] service station, unless the [person is an] attendant [who] has received instructions regarding the dispensing of fuel, had practical experience dispensing fuel under the direct supervision of an experienced operator for a period of not less than one full working day, and, upon examination at the end of that period, has demonstrated his understanding of those instructions. The instructions shall include a full explanation of the prohibitions of section 3 of [this act] P.L.1989, c.263 (C.34:3A-6) and any emergency procedures established pursuant to section 8 of [this act] P.L.1989, c.263 (C.34:3A-11).

(cf: P.L.1989, c.263, s.4)

13. Section 5 of P.L.1989, c.263 (C.34:3A-8) is amended to read as follows:

5. There shall be available at each station for inspection by the commissioner a certificate for each [person] attendant who dispenses fuel at the station certifying that the [person] attendant meets the requirements of section 4 of [this act] P.L.1989, c.263 (C.34:3A-7). The certificate shall be signed by the [person] attendant and the retail dealer who operates the station.

(cf: P.L.1989, c.263, s.5)

14. Section 6 of P.L.1989, c.263 (C.34:3A-9) is amended to read as follows:

6. Each [gasoline] service station shall be equipped, at a location remote from the dispensing pumps, with a clearly identified and easily accessible switch or circuit breaker to shut off the power to all dispensing pumps in the event of an emergency [or of a customer or other unauthorized person operating or attempting to operate the pump].

(cf: P.L.1989, c.263, s.6)

15. Section 7 of P.L.1989, c.263 (C.34:3A-10) is amended to read as follows:

7. A violator of any provision of [this act] P.L.1989, c.263 (C.34:3A-4 et seq.) or P.L. , c. (C. ) (pending before the Legislature as this bill) shall be liable for a penalty of not less than $50.00 and not more than $250.00 for a first offense and not more than $500.00 for each subsequent offense. Each day that a [gasoline] service station operates in violation of the provisions of section 5 or 6 of [this act] P.L.1989, c.263 (C.34:3A-8 or C.34:3A-9) or sections 3 or 4 of P.L. , c. (C. ) (pending before the Legislature as this bill) is a separate violation by the retail dealer who operates the station. The penalties shall be sued for and recovered by the commissioner, in summary proceedings pursuant to ["the penalty enforcement law," N.J.S.2A:58-1 et seq., in the county or municipality where the offense occurred] the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).

There is established a nonlapsing dedicated account to be known as the Retail [Gasoline] Motor Fuel Dispensing Safety Account. Penalties collected pursuant to this section shall be credited to the account and appropriated to fund expenses of effectuating the purposes of [this act] P.L.1989, c.263 (C.34:3A-4 et seq.) and P.L. , c. (C. ) (pending before the Legislature as this bill). If, at the close of a fiscal year, moneys are available beyond the funds necessary to meet those expenses, the commissioner shall determine an appropriate amount to be returned to the General Fund for general State purposes.

(cf: P.L.1989, c.263, s.7)

16. Section 8 of P.L.1989, c.263 (C.34:3A-11) is amended to read as follows:

8. The commissioner shall, in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations as are necessary to effectuate the purposes of this act, including regulations establishing emergency procedures and standards concerning pump shutoff switches and other safety equipment to be used at [gasoline] service stations, and standards for portable containers for fuel dispensed at [gasoline] service stations, which standards shall be consistent with other State and federal regulations.

(cf: P.L.1989, c.263, s.8)

17. Section 1 of P.L.1989, c.263 (C.34:3A-4) is repealed.

18. This act shall take effect on the 31st day next following enactment, except that the commissioner may promulgate regulations pursuant to sections 5 and 6 before the effective date.

STATEMENT

This bill decriminalizes the act of pumping one's own gas when a consumer voluntarily chooses to do so. It gives New Jersey citizens the right already enjoyed by the citizens in 48 other states to avoid penalties and receive potential benefits for voluntarily filling their own gas tanks.

The bill also provides a service station, with certain exceptions, the option of operating one, more than one, or all of its islands as either full-service islands or self-service islands. These exceptions include provisions in the bill stipulating that: (1) for a period of three years from the effective date of this bill, a service station shall operate not less than one of its islands as a full-service island between the hours of 7 a.m. and 8 p.m., provided that the station is open to the public during those hours; and (2) following the effective date of this bill, the New Jersey Turnpike Authority shall not enter into any contract with a retail dealer to sell branded fuel at a service plaza on the New Jersey Turnpike or the Garden State Parkway unless that dealer is required to operate not less than one of its islands as a full-service island.

In addition, the bill stipulates that a service station may offer a discount to customers who purchase motor fuel of like grade and quality that is dispensed by self-service at the station, provided that the motor fuel shall not be sold at a price which is below the net cost of that motor fuel to the service station plus all selling expenses.

Furthermore, the bill states that a service station offering self-service and full-service shall provide service by an attendant in the dispensing of every grade of fuel offered at self-service at no additional charge, if requested to do so by a person with a disability who is operating a motor vehicle bearing a placard or wheelchair symbol license plate.

The bill also provides that service stations offering only self-service gasoline shall provide assistance to motorists with a disability at the self-service price. In order to enhance access for motorists, the bill gives service stations the option of either outfitting at least one pump with a special call button or outfitting every pump with a sign listing the hours assistance is available and a phone number that can be used to alert an employee of the service station that assistance is needed.

Consistent with federal law, the bill provides that a service station is not required to provide refueling assistance when there is only one employee present.

As stipulated in the bill, an attendant is not required to provide refueling assistance if it is determined that the operator of the vehicle is reasonably capable of providing self-service or if the vehicle contains another individual who is reasonably capable of providing self-service.

The Federal Trade Commission has reported as follows:

"Evidence indicates that safety problems associated with self-service stations do not appear significant, and that self-service gasoline retailing offers large potential savings to consumers. For these reasons, we believe that consumers and visitors in New Jersey would benefit substantially if the ban on self-service were repealed."