Massingill

In 1999, the Legislature amended Business and Professions Code section 13651 (effective Jan. 1, 2000) to require gasoline service stations to provide water, compressed air, and an air pressure gauge “at no cost to customers who purchase motor vehicle fuel. . . .” (Assem. Bill No. 531 (1999-2000 Reg. Sess.), enacted as Stats. 1999, ch. 583, § 2, amending Bus. & Prof. Code, § 13651, subd. (a)(1).) Plaintiffs are service station owners, vendors of water and compressed air machines, and persons with interests in those businesses. They assert the Legislature’s amendment of section 13651 (referred to as amended section 13651) was an invalid exercise of the state’s police power and effectuated, through the power of eminent domain, an unconstitutional regulatory taking of their property for public use without just compensation.

We conclude amended section 13651 is a valid exercise of the state’s police power. We also conclude amended section 13651 does not effectuate an unconstitutional taking of plaintiffs’ property. Accordingly, we affirm summary judgment in favor of the State of California and the California Department of Food and Agriculture, Division of Measurement…