March 01, 2007

 CSSARA Auto$ense Newsletter

California Service Station & Automotive Repair Association 

1202 Grant Ave., Suite B1

Novato, CA  94945

Phone  415/ 892-1243 * Fax  415/ 892-4173

 

Plan for EVR Phase II Upgrades

The Air Resources Board has just put out a Vapor Recovery Advisory regarding the April 2009 Phase II deadline.  Approximately 13,000 gasoline dispensing facilities will need to obtain permits, purchase Enhanced Vapor Recovery (EVR) Phase II equipment and arrange for installation by a certified contractor in the next two years.  The Franklin Fueling/Healy EVR Phase II system is currently certified and is prepared to meet the equipment demand.  However, there is a potential shortage of certified contractors if gasoline dispensing facility operators wait too long to install EVR systems.

Other EVR Phase II systems are under test and could be available by the end of 2007.  But there is no guarantee that any system currently in the certification process will successfully complete all performance testing and legal requirements to obtain EVR certification.  You can find detailed information on the Vapor Recovery program at the Air Resources Board web site at www.arb.ca.gov/vapor/vapor.htm or by contacting the ARB Engineering and Certification Branch at 916-327-0900

  ConocoPhillips to Sell 830 Stations

According to a recent ConocoPhillips press release, approximately 830 retail service stations are scheduled for divestiture.  Three-hundred-thirty of these sites are company operated.  The 500 franchise stations will, in most cases, first be offered to the lessee dealer under applicable state and federal laws.  In California, ConocoPhillips operates under the “76” flag.  By state law dealers are allowed the right of first refusal if the franchisor (ConocoPhillips) wishes to sell the facility during the lease period.  The franchisee has additional protections under the federal Petroleum Marketing Practices Act (PMPA). 

If you are a “76” franchisee, CSSARA can help you to understand your rights as the existing franchisee!  Call, write or e-mail us to access our relationships with skilled loan facilitators, property and improvement appraisers, and attorneys who are experienced in handling such issues.  You are afforded these rights under California Business & Professions Code, §§ 20999.3 and 20999.25, which were originally bills sponsored and lobbied by CSSARA. The original legislation was AB372.  It is important that you realize that Couche-Tard, which is the owner of the Circle K franchises are also very interested in many of these sites.  Be sure you understand completely your rights as the existing franchisee.

  No Empathy for Apathy

As a petroleum retailer, you know first-hand how the recent price gouging by your supplier is impacting your ancillary profit centers, namely C-store sales, car wash sales and automotive repair.  Your customers must buy gasoline.  The majors realize this and have absolutely no empathy for you (their partner) or your customers.  Why are your ancillary profit centers doing poorly?  It’s simple.  California gasoline sales are second only to the United State as a whole in the number of gallons sold.  Yes, on an annual basis, we in California retail more gasoline than China, Japan, or even Canada.  Last May the average price reached the all-time, record and historic high at $3.33 per gallon statewide.  Without any fanfare, today our average retail price is again over $3.00 per gallon. 

Let’s take a closer look.  In February 2006 California retailed close to 1,230,000,000 gallons of fuel.  With the price increases since the elections last November, Californians today pay approximately $700 million more for gasoline than they did a year ago in the same month.  What has created this huge increase?  There are two answers.  One is government apathy when it comes to dealing with big oil.  Second is consumer apathy as they believe there is no resolution to this issue. 

We must speak up and we must act.  Alternative fuels are an important aspect of our future.  If we do not get involved in the political system on this issue, we will not be around and big oil will end up having all the retail locations.  If you do not become more active in planning for the future you will be carved out of the equation.  It is crucial that you educate your customers and that you speak out to your elected officials.

phone: 415-892-1243
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