AB 735: Planning and zoning: logistics use developments: truck routes.
- Session Year: 2025-2026
- House: Assembly
- Latest Version Date: 2025-09-09
Current Status:
In Progress
(2025-09-13: Ordered to inactive file at the request of Senator Reyes.)
Introduced
In Committee
Awaiting First Chamber Vote
Passed First Chamber
In Committee
Awaiting Second Chamber Vote
Passed Second Chamber
Enacted
What does this bill do?
The bill creates new statewide design, siting, and operational rules for developers of warehouses and for the cities and counties that approve them. It requires energy- and electric‑ready building features, cleaner or zero‑emission onsite equipment when feasible, conduits at cold‑storage loading bays, buffers and setbacks from nearby homes, schools, daycares and hospitals, separate truck entrances, and that sites be located on roads suited for heavy truck traffic. It also requires local truck‑route ordinances and circulation updates, allows the Attorney General to sue noncompliant jurisdictions and seek fines, permits South Coast air monitoring as funded, and directs CHP to offer commercial‑vehicle enforcement training to local police.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Existing law, beginning January 1, 2026, prescribes various statewide warehouse design and build standards for any proposed new or expanded logistics use developments, as specified, including, among other things, standards for building design and location, parking, truck loading bays, landscaping buffers, entry gates, and signage. Existing law defines various terms, including 21st century warehouse, and tier 1 21st century warehouse, for purposes of those provisions as logistics uses that, among other things, comply with specified building and energy efficiency standards, including requirements related to the availability of conduits and electrical hookups to power climate control equipment at loading bays, as specified. Existing law, subject to specified exceptions, defines logistics use for these purposes to mean a building in which cargo, goods, or products are moved or stored for later distribution to business or retail customers, or both, that does not predominantly serve retail customers for onsite purchases, and heavy-duty trucks are primarily involved in the movement of the cargo, goods, or products.
This bill would clarify that a 21st century warehouse and a tier 1 21st century warehouse are required to comply with those standards as are in effect at the time that the building permit for a development of a 21st century warehouse is issued and make other clarifying changes relating to permissibility of use of conduits and electrical hookups at loading bays at those locations. The bill would revise the definition of logistics use and instead define logistics use development for these purposes to mean a building that is primarily used as a warehouse for the movement or the storage of cargo, goods, or products that are moved to business or retail customers, or both, that does not predominantly serve retail customers for onsite purchases, and heavy-duty trucks are primarily involved in the movement of the cargo, goods, or products. The bill would make various other technical and conforming changes to the provisions governing logistics use development.
Existing law requires a facility operator, before issuance of a certificate of occupancy, to establish and submit for approval by a city, county, or city and county a truck routing plan that, among other things, described the operational characteristics of the use of the facility operator. Existing law requires, by January 1, 2028, a county or city to update its circulation element, as provided, and to provide for posting of conspicuous signage to identify truck routes and additional signage for truck parking and appropriate idling facility locations, as specified. Existing law authorizes the Attorney General to enforce those provisions concerning the circulation element and to impose a fine against a jurisdiction that is in violation of these provisions, as provided.
This bill would, instead, require that the truck routing plan describe the operational characteristics of the logistics use development and of the logistics use development operator. The bill would require a jurisdiction, except as specified, to adopt a prescribed ordinance, on or before January 1, 2028, including that the ordinance establishes specific travel routes for the transport of goods, materials, or freight for storage, transfer, or redistribution to safely accommodate additional truck traffic and avoid residential areas and sensitive receptors, as provided. The bill would, instead, require a county or city that is located in a warehouse concentration region to update its circulation element, on or before January 1, 2026, as specified. On and after January 1, 2028, or January 1, 2030, as specified, the bill would require that all proposed development of a logistics use development be accessible via arterial roads, major thoroughfares, or roads that predominantly serve commercially oriented uses. The bill would provide that in an action brought by authorize the Attorney General, General to bring an action against a city, county, or city and county that is in violation of these provisions. The bill would make a city, county, or city and county that has been found by a court to be in violation of these provisions shall be subject to a civil penalty of up to $50,000 every 6 months, accrued from the date of the violation until the violation is cured, specified costs, and other relief deemed appropriate by the court. The bill would require a city or county to provide for posting of conspicuous signage to identify truck routes and additional signage for truck parking and appropriate locations for idling and parking, among other things.
Existing law requires a city, county, or city and county to condition approval of a logistics use development on (1) 2-to-1 replacement of any demolished housing unit that was occupied within the last 10 years, unless the housing unit was declared substandard by a building official, prior to purchase by the developer, and (2) the provision to any displaced tenant with a specified amount if residential dwellings are affected through purchase, as provided.
This bill would establish that nothing in the provisions described above regarding conditions placed upon approval of a logistics use development shall be construed to preclude the applicability of or compliance with other provisions that, among other things, prohibit an affected city or an affected county, as defined, from approving a development project that will require the demolition of occupied or vacant protected units, as defined, or that is located on a site where protected units were demolished in the previous 5 years, unless specified requirements are satisfied.
Existing law provides for the creation of the South Coast Air Quality Management District in those portions of the Counties of Los Angeles, Orange, Riverside, and San Bernardino included within the area of the South Coast Air Basin, as specified. Existing law requires the south coast district district, subject to an appropriation for the express purpose, to deploy mobile air monitoring systems to collect air pollution measurements in communities that are near operational logistics use developments, use the data collected to conduct an air modeling analysis and submit its findings to the Legislature, and establish a process for receiving community input on how specified penalties assessed and collected are spent.
This bill would delete the requirement that the district use the data collected, as described above, to conduct an air modeling analysis and, instead, based upon the amount of appropriated funds, authorize the district to use a combination of new air monitoring data or other measurement data to evaluate pollutant concentrations, as provided. The bill would also make nonsubstantive changes to references to the South Coast Air Quality Management District contained in those provisions.
Existing law creates in the Transportation Agency, the Department of the California Highway Patrol under the control of a civil executive officer known as the Commissioner of the California Highway Patrol. Existing law requires the commissioner to establish a school for the training and education of the members of the California Highway Patrol, and for other employees of the department deemed necessary, in traffic regulation, in the performance of their duties, and in the proper enforcement of codes and laws respecting use of the highways.
This bill would require the department, on or before January 1, 2027, to make specified training on enforcement of laws relating to commercial vehicles, including, but not limited to, truck route enforcement, available to city and county law enforcement agencies, as specified.
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.
Existing law, beginning January 1, 2026, prescribes various statewide warehouse design and build standards for any proposed new or expanded logistics use developments, as specified, including, among other things, standards for building design and location, parking, truck loading bays, landscaping buffers, entry gates, and signage. Existing law defines various terms, including 21st century warehouse, and tier 1 21st century warehouse, for purposes of those provisions as logistics uses that, among other things, comply with specified building and energy efficiency standards, including requirements related to the availability of conduits and electrical hookups to power climate control equipment at loading bays, as specified. Existing law, subject to specified exceptions, defines logistics use for these purposes to mean a building in which cargo, goods, or products are moved or stored for later distribution to business or retail customers, or both, that does not predominantly serve retail customers for onsite purchases, and heavy-duty trucks are primarily involved in the movement of the cargo, goods, or products.
This bill would clarify that a 21st century warehouse and a tier 1 21st century warehouse are required to comply with those standards as are in effect at the time that the building permit for a development of a 21st century warehouse is issued and make other clarifying changes relating to permissibility of use of conduits and electrical hookups at loading bays at those locations. The bill would revise the definition of logistics use and instead define logistics use development for these purposes to mean a building that is primarily used as a warehouse for the movement or the storage of cargo, goods, or products that are moved to business or retail customers, or both, that does not predominantly serve retail customers for onsite purchases, and heavy-duty trucks are primarily involved in the movement of the cargo, goods, or products. The bill would make various other technical and conforming changes to the provisions governing logistics use development.
Existing law requires a facility operator, before issuance of a certificate of occupancy, to establish and submit for approval by a city, county, or city and county a truck routing plan that, among other things, described the operational characteristics of the use of the facility operator. Existing law requires, by January 1, 2028, a county or city to update its circulation element, as provided, and to provide for posting of conspicuous signage to identify truck routes and additional signage for truck parking and appropriate idling facility locations, as specified. Existing law authorizes the Attorney General to enforce those provisions concerning the circulation element and to impose a fine against a jurisdiction that is in violation of those these provisions, as provided.
This bill would, instead, require that the truck routing plan describe the operational characteristics of the logistics use development and of the logistics use development operator. The bill would require a jurisdiction, except as specified, to adopt a prescribed ordinance, on or before January 1, 2028, including that the ordinance establishes specific travel routes for the transport of goods, materials, or freight for storage, transfer, or redistribution to safely accommodate additional truck traffic and avoid residential areas and sensitive receptors, as provided. The bill would, instead, require a county or city that is located in a warehouse concentration region to update its circulation element pursuant to prescribed timelines based on the population size of a county or city, as provided, and would also require a city or county to, instead, provide for posting of conspicuous signage to identify truck routes and additional signage for truck parking and appropriate locations for idling and parking, among other things. The bill would, instead, provide that in an action brought by the Attorney General, a jurisdiction that is in violation of these provisions that has been found by the Attorney General not to have made a good faith effort to meet the requirements of this section shall be subject to a civil penalty of up to $50,000 every 6 months, for each violation, accrued from the date of the violation until the violation is cured, specified costs, and other relief deemed appropriate by the court. element, on or before January 1, 2026, as specified. On and after January 1, 2028, or January 1, 2030, as specified, the bill would require that all proposed development of a logistics use development be accessible via arterial roads, major thoroughfares, or roads that predominantly serve commercially oriented uses. The bill would provide that in an action brought by the Attorney General, a city, county, or city and county that has been found by a court to be in violation of these provisions shall be subject to a civil penalty of up to $50,000 every 6 months, accrued from the date of the violation until the violation is cured, specified costs, and other relief deemed appropriate by the court. The bill would require a city or county to provide for posting of conspicuous signage to identify truck routes and additional signage for truck parking and appropriate locations for idling and parking, among other things.
Existing law requires a city, county, or city and county to condition approval of a logistics use development on (1) 2-to-1 replacement of any demolished housing unit that was occupied within the last 10 years, unless the housing unit was declared substandard by a building official, prior to purchase by the developer, and (2) the provision to any displaced tenant with a specified amount if residential dwellings are affected through purchase, as provided.
This bill would establish that nothing in the provisions described above regarding conditions placed upon approval of a logistics use development shall be construed to limit or preclude the applicability of or compliance with other provisions that, among other things, prohibit an affected city or an affected county, as defined, from approving a development project that will require the demolition of occupied or vacant protected units, as defined, or that is located on a site where protected units were demolished in the previous 5 years, unless specified requirements are satisfied.
Existing law provides for the creation of the South Coast Air Quality Management District in those portions of the Counties of Los Angeles, Orange, Riverside, and San Bernardino included within the area of the South Coast Air Basin, as specified. Existing law requires the south coast district to deploy mobile air monitoring systems to collect air pollution measurements in communities that are near operational logistics use developments, use the data collected to conduct an air modeling analysis and submit its findings to the Legislature, and establish a process for receiving community input on how specified penalties assessed and collected are spent.
This bill would make nonsubstantive changes to references to the South Coast Air Quality Management District contained in those provisions.
Existing law creates in the Transportation Agency, the Department of the California Highway Patrol under the control of a civil executive officer known as the Commissioner of the California Highway Patrol. Existing law requires the commissioner to establish a school for the training and education of the members of the California Highway Patrol, and for other employees of the department deemed necessary, in traffic regulation, in the performance of their duties, and in the proper enforcement of codes and laws respecting use of the highways.
This bill would require the department, on or before January 1, 2027, to make specified training on enforcement of laws relating to commercial vehicles, including, but not limited to, truck route enforcement, available to city and county law enforcement agencies, as specified.
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.
Existing law, beginning January 1, 2026, prescribes various statewide warehouse design and build standards for any proposed new or expanded logistics use developments, as specified, including, among other things, standards for building design and location, parking, truck loading bays, landscaping buffers, entry gates, and signage. Existing law defines various terms, including 21st century warehouse, and tier 1 21st century warehouse, for purposes of those provisions as logistics uses that, among other things, comply with specified building and energy efficiency standards, including requirements related to the availability of conduits and electrical hookups to power climate control equipment at loading bays, as specified. Existing law, subject to specified exceptions, defines logistics use for these purposes to mean a building in which cargo, goods, or products are moved or stored for later distribution to business or retail customers, or both, that does not predominantly serve retail customers for onsite purchases, and heavy-duty trucks are primarily involved in the movement of the cargo, goods, or products.
This bill would clarify that a 21st century warehouse and a tier 1 21st century warehouse are required to comply with those standards as are in effect at the time that the building permit for a development of a 21st century warehouse is issued and make other clarifying changes relating to permissibility of use of conduits and electrical hookups at loading bays at those locations. The bill would revise the definition of logistics use and instead define logistics use development for these purposes to mean a building that is primarily used as a warehouse for the movement or the storage of cargo, goods, or products that are moved to business or retail customers, or both, that does not predominantly serve retail customers for onsite purchases, and heavy-duty trucks are primarily involved in the movement of the cargo, goods, or products. The bill would make various other technical and conforming changes to the provisions governing logistics use development.
Existing law requires a facility operator, before issuance of a certificate of occupancy, to establish and submit for approval by a city, county, or city and county a truck routing plan that, among other things, described the operational characteristics of the use of the facility operator. Existing law requires, by January 1, 2028, a county or city to update its circulation element, as provided, and to provide for posting of conspicuous signage to identify truck routes and additional signage for truck parking and appropriate idling facility locations, as specified. Existing law authorizes the Attorney General to enforce those provisions concerning the circulation element and to impose a fine against a jurisdiction that is in violation of those provisions, as provided.
This bill would, instead, require that the truck routing plan describe the operational characteristics of the logistics use development and of the logistics use development operator. The bill would, instead, require a county or city to update its circulation element pursuant to prescribed timelines based on the population size of a county or city, as provided, and would also require a city or county to, instead, provide for posting of conspicuous signage to identify truck routes and additional signage for truck parking and appropriate locations for idling and parking, among other things. The bill would, instead, provide that in an action brought by the Attorney General, a jurisdiction that is in violation of these provisions that has been found by the Attorney General not to have made a good faith effort to meet the requirements of this section shall be subject to a civil penalty of up to $50,000 every 6 months, for each violation, accrued from the date of the violation until the violation is cured, specified costs, and other relief deemed appropriate by the court.
Existing law requires a city, county, or city and county to condition approval of a logistics use development on (1) 2-to-1 replacement of any demolished housing unit that was occupied within the last 10 years, unless the housing unit was declared substandard by a building official, prior to purchase by the developer, and (2) the provision to any displaced tenant with a specified amount if residential dwellings are affected through purchase, as provided.
This bill would establish that nothing in the provisions described above regarding conditions placed upon approval of a logistics use development shall be construed to limit or preclude compliance with the applicability of other provisions that, among other things, prohibit an affected city or an affected county, as defined, from approving a development project that will require the demolition of occupied or vacant protected units, as defined, or that is located on a site where protected units were demolished in the previous 5 years, unless specified requirements are satisfied.
Existing law provides for the creation of the South Coast Air Quality Management District in those portions of the Counties of Los Angeles, Orange, Riverside, and San Bernardino included within the area of the South Coast Air Basin, as specified. Existing law requires the south coast district to deploy mobile air monitoring systems to collect air pollution measurements in communities that are near operational logistics use developments, use the data collected to conduct an air modeling analysis and submit its findings to the Legislature, and establish a process for receiving community input on how specified penalties assessed and collected are spent.
This bill would make nonsubstantive changes to references to the South Coast Air Quality Management District contained in those provisions.
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.
Existing law, beginning January 1, 2026, prescribes various statewide warehouse design and build standards for any proposed new or expanded logistics use developments, as specified, including, among other things, standards for building design and location, parking, truck loading bays, landscaping buffers, entry gates, and signage. Existing law defines various terms, including 21st century warehouse, and tier 1 21st century warehouse, for purposes of those provisions as logistics uses that, among other things, comply with specified building and energy efficiency standards, including requirements related to the availability of conduits and electrical hookups to power climate control equipment at loading bays, as specified. Existing law, subject to specified exceptions, defines logistics use for these purposes to mean a building in which cargo, goods, or products are moved or stored for later distribution to business or retail customers, or both, that does not predominantly serve retail customers for onsite purchases, and heavy-duty trucks are primarily involved in the movement of the cargo, goods, or products.
This bill would clarify that a 21st century warehouse and a tier 1 21st century warehouse are required to comply with those standards as are in effect at the time that the building permit for a development of a 21st century warehouse is issued and make other clarifying changes relating to permissibility of use of conduits and electrical hookups at loading bays at those locations. The bill would revise the definition of logistics use and instead define logistics use development for these purposes to instead mean a building that is primarily used as a warehouse for the movement or the storage of cargo, goods, or products that are moved to business or retail customers, or both, that does not predominantly serve retail customers for onsite purchases, and heavy-duty trucks are primarily involved in the movement of the cargo, goods, or products. The bill would make various other technical and conforming changes to the provisions governing logistics use development.
Existing law requires a facility operator, before issuance of a certificate of occupancy, to establish and submit for approval by a city, county, or city and county a truck routing plan that, among other things, described the operational characteristics of the use of the facility operator. Existing law requires, by January 1, 2028, a county or city to update its circulation element, as provided, and to provide for posting of conspicuous signage to identify truck routes and additional signage for truck parking and appropriate idling facility locations, as specified. Existing law authorizes the Attorney General to enforce those provisions concerning the circulation element and to impose a fine against a jurisdiction that is in violation of those provisions, as provided.
This bill would, instead, require that the truck routing plan describe the operational characteristics of the logistics use development and of the facility logistics use development operator. The bill would, instead, require a county or city to update its circulation element pursuant to prescribed timelines based on the population size of a county or city, as provided, and would also require a city or county to, instead, provide for posting of conspicuous signage to identify truck routes and additional signage for truck parking and appropriate locations for idling and parking, among other things. The bill would, instead, authorize the Attorney General to impose the above-specified fine if the Attorney General finds that the jurisdiction has not made a good faith effort to meet the requirements of those provisions. provide that in an action brought by the Attorney General, a jurisdiction that is in violation of these provisions that has been found by the Attorney General not to have made a good faith effort to meet the requirements of this section shall be subject to a civil penalty of up to $50,000 every 6 months, for each violation, accrued from the date of the violation until the violation is cured, specified costs, and other relief deemed appropriate by the court.
Existing law requires a city, county, or city and county to condition approval of a logistics use development on (1) 2-to-1 replacement of any demolished housing unit that was occupied within the last 10 years, unless the housing unit was declared substandard by a building official, prior to purchase by the developer, and (2) the provision to any displaced tenant with a specified amount if residential dwellings are affected through purchase, as provided.
This bill would establish that nothing in the provisions described above regarding conditions placed upon approval of a logistics use development shall be construed to preclude compliance with other provisions that, among other things, prohibit an affected city or an affected county, as defined, from approving a development project that will require the demolition of occupied or vacant protected units, as defined, or that is located on a site where protected units were demolished in the previous 5 years, unless specified requirements are satisfied.
Existing law provides for the creation of the South Coast Air Quality Management District in those portions of the Counties of Los Angeles, Orange, Riverside, and San Bernardino included within the area of the South Coast Air Basin, as specified. Existing law requires the south coast district to deploy mobile air monitoring systems to collect air pollution measurements in communities that are near operational logistics use developments, use the data collected to conduct an air modeling analysis and submit its findings to the Legislature, and establish a process for receiving community input on how specified penalties assessed and collected are spent.
This bill would make nonsubstantive changes to references to the South Coast Air Quality Management District contained in those provisions.
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.
Existing law, beginning January 1, 2026, prescribes various statewide warehouse design and build standards for any proposed new or expanded logistics use developments, as specified, including, among other things, standards for building design and location, parking, truck loading bays, landscaping buffers, entry gates, and signage. Existing law defines various terms, including 21st century warehouse, and tier 1 21 21st century warehouse, for purposes of those provisions as logistics uses that, among other things, comply with specified building and energy efficiency standards, including requirements related to the availability of conduits and electrical hookups to power climate control equipment at loading bays, as specified. Existing law, subject to specified exceptions, defines logistics use for these purposes to mean a building in which cargo, goods, or products are moved or stored for later distribution to business or retail customers, or both, that does not predominantly serve retail customers for onsite purchases, and heavy-duty trucks are primarily involved in the movement of the cargo, goods, or products.
This bill would clarify that a 21st century warehouse and a tier 1 21st century warehouse are required to comply with those standards as are in effect at the time that the building permit for a development of a 21st century warehouse is issued and make other clarifying changes relating to permissibility of use of conduits and electrical hookups at loading bays at those locations. The bill would revise the definition of logistics use for these purposes to instead mean a building that is primarily used as a warehouse for the movement or the storage of cargo, goods, or products that are moved to business or retail customers, or both, that does not predominantly serve retail customers for onsite purchases, and heavy-duty trucks are primarily involved in the movement of the cargo, goods, or products. The bill would make various other technical and conforming changes to the provisions governing logistics use development.
Existing law requires a facility operator, before issuance of a certificate of occupancy, to establish and submit for approval by a city, county, or city and county a truck routing plan that, among other things, described the operational characteristics of the use of the facility operator. Existing law requires requires, by January 1, 2028, a county or city to update its circulation element, as provided, and to provide for posting of conspicuous signage to identify truck routes and additional signage for truck parking and appropriate idling facility locations, as specified. Existing law authorizes the Attorney General to enforce those provisions concerning the circulation element and to impose a fine against a jurisdiction that is in violation of those provisions, as provided.
This bill would, instead, require that the truck routing plan describe the operational characteristics of the logistics use and of the facility operator. The bill would would, instead, require a county or city to update its circulation element pursuant to prescribed timelines based on the population size of a county or city, as provided, and would also require a city or county to, instead, provide for posting of conspicuous signage to identify truck routes and additional signage for truck parking and appropriate locations for idling and parking. parking, among other things. The bill would, instead, authorize the Attorney General to impose the above-specified fine if the Attorney General finds that the jurisdiction has not made a good faith effort to meet the requirements of those provisions.
Existing law requires a city, county, or city and county to condition approval of a logistics use on (1) 2-to-1 replacement of any demolished housing unit that was occupied within the last 10 years, unless the housing unit was declared substandard by a building official, prior to purchase by the developer, and (2) the provision to any displaced tenant with a specified amount if residential dwellings are affected through purchase, as provided.
This bill would establish that nothing in the provisions described above regarding conditions placed upon approval of a logistics use shall be construed to preclude compliance with other provisions that, among other things, prohibit an affected city or an affected county, as defined, from approving a development project that will require the demolition of occupied or vacant protected units, as defined, or that is located on a site where protected units were demolished in the previous 5 years, unless specified requirements are satisfied.
Existing law provides for the creation of the South Coast Air Quality Management District in those portions of the Counties of Los Angeles, Orange, Riverside, and San Bernardino included within the area of the South Coast Air Basin, as specified. Existing law requires the south coast district to deploy mobile air monitoring systems to collect air pollution measurements in communities that are near operational logistics use developments, use the data collected to conduct an air modeling analysis and submit its findings to the Legislature, and establish a process for receiving community input on how specified penalties assessed and collected are spent.
This bill would make nonsubstantive changes to references to the South Coast Air Quality Management District contained in those provisions.
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.
Existing law, beginning January 1, 2026, prescribes various statewide warehouse design and build standards for any proposed new or expanded logistics use developments, as specified, including, among other things, standards for building design and location, parking, truck loading bays, landscaping buffers, entry gates, and signage. Existing law defines various terms, including 21st century warehouse, and tier 1 21 century warehouse, for purposes of those provisions as compliant logistics uses that, among other things, comply with specified building and energy efficiency standards, including requirements related to the availability of conduits and electrical hookups to power climate control equipment at loading bays, as specified. Existing law also defines the term expansion of an existing logistics use for purposes of those provisions. Existing law, subject to specified exceptions, defines logistics use for these purposes to mean a building in which cargo, goods, or products are moved or stored for later distribution to business or retail customers, or both, that does not predominantly serve retail customers for onsite purchases, and heavy-duty trucks are primarily involved in the movement of the cargo, goods, or products.
This bill would clarify that a 21st century warehouse and a tier 1 21st century warehouse are required to comply with those standards as are in effect at the time that the application building permit for a development of a 21st century warehouse is submitted issued and make other clarifying changes relating to permissibility of use of conduits and electrical hookups at loading bays at those locations. The bill would revise the definition of logistics use for these purposes to instead mean a building that is primarily used as a warehouse for the movement or the storage of cargo, goods, or products that are moved to business or retail customers, or both, that does not predominantly serve retail customers for onsite purchases, and heavy-duty trucks are primarily involved in the movement of the cargo, goods, or products. The bill would make various other clarifying technical and conforming changes. changes to the provisions governing logistics use development.
Existing law requires a facility operator, before issuance of a certificate of occupancy, to establish and submit for approval by a city, county, or city and county a truck routing plan that, among other things, described the operational characteristics of the use of the facility operator. Existing law requires a county or city to provide for posting of conspicuous signage to identify truck routes and additional signage for truck parking and appropriate idling facility locations, as specified.
This bill would, instead, require that the truck routing plan describe the operational characteristics of the logistics use and of the facility operator. The bill would also require a city or county to, instead, provide for posting of conspicuous signage to identify truck routes and additional signage for truck parking and appropriate locations for idling and parking.
Existing law requires a city, county, or city and county to condition approval of a logistics use on (1) 2-to-1 replacement of any demolished housing unit that was occupied within the last 10 years, unless the housing unit was declared substandard by a building official, prior to purchase by the developer, and (2) the provision to any displaced tenant with a specified amount if residential dwellings are affected through purchase, as provided.
This bill would establish that nothing in the provisions described above regarding conditions placed upon approval of a logistics use shall be construed to preclude compliance with other provisions that, among other things, prohibit an affected city or an affected county, as defined, from approving a development project that will require the demolition of occupied or vacant protected units, as defined, or that is located on a site where protected units were demolished in the previous 5 years, unless specified requirements are satisfied.
Existing law provides for the creation of the South Coast Air Quality Management District in those portions of the Counties of Los Angeles, Orange, Riverside, and San Bernardino included within the area of the South Coast Air Basin, as specified. Existing law requires the south coast district to deploy mobile air monitoring systems to collect air pollution measurements in communities that are near operational logistics use developments, use the data collected to conduct an air modeling analysis and submit its findings to the Legislature, and establish a process for receiving community input on how specified penalties assessed and collected are spent.
This bill would make nonsubstantive changes to references to the South Coast Air Quality Management District contained in those provisions.
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.
Existing law, beginning January 1, 2026, prescribes various statewide warehouse design and build standards for any proposed new or expanded logistics use developments, as specified, including, among other things, standards for building design and location, parking, truck loading bays, landscaping buffers, entry gates, and signage. Existing law defines various terms, including 21st century warehouse, and tier 1 21 century warehouse, for purposes of those provisions as compliant with building and energy efficiency standards, including requirements related to the availability of conduits and electrical hookups to power climate control equipment at loading bays, as specified. Existing law also defines the term expansion of an existing logistics use for purposes of those provisions.
This bill would clarify that a 21st century warehouse and a tier 1 21st century warehouse are required to comply with those standards as are in effect at the time that the application for a development of a 21st century warehouse is submitted and make other clarifying changes relating to permissibility of use of conduits and electrical hookups at loading bays at those locations. The bill would make other clarifying and conforming changes.
Existing law requires a facility operator, before issuance of a certificate of occupancy, to establish and submit for approval by a city, county, or city and county a truck routing plan that, among other things, described the operational characteristics of the use of the facility operator. Existing law requires a county or city to provide for posting of conspicuous signage to identify truck routes and additional signage for truck parking and appropriate idling facility locations, as specified.
This bill would, instead, require that the truck routing plan describe the operational characteristics of the logistics use and of the facility operator. The bill would also require a city or county to, instead, provide for posting of conspicuous signage to identify truck routes and additional signage for truck parking and appropriate locations for idling and parking.
Existing law provides for the creation of the South Coast Air Quality Management District in those portions of the Counties of Los Angeles, Orange, Riverside, and San Bernardino included within the area of the South Coast Air Basin, as specified. Existing law requires the south coast district to deploy mobile air monitoring systems to collect air pollution measurements in communities that are near operational logistics use developments, use the data collected to conduct an air modeling analysis and submit its findings to the Legislature, and establish a process for receiving community input on how specified penalties assessed and collected are spent.
This bill would make nonsubstantive changes to references to the South Coast Air Quality Management District contained in those provisions.
As used in this chapter:
(a)21st century warehouse means a logistics use development that meets all of the following:
(1)Complies with or exceeds all requirements of the most current building energy efficiency standards specified in Part 6 (commencing with Section 100) of Title 24 of the California Code of Regulations and the California Green Building Standards Code (Part 11 of Title 24 of the California Code of Regulations) that are in effect at the time that the building permit is issued, including, but not limited to, the following requirements related to:
(A)Photovoltaic system installation and associated battery storage.
(B)Cool roofing.
(C)Medium- and heavy-duty vehicle charging readiness.
(D)Light-duty electric vehicle charging readiness and installed charging stations.
(2)Has skylights in at least 1 percent of the roof area, or equivalent LED efficient lighting.
(3)(A)Provides conduits and electrical hookups at all loading bays serving cold storage.
(B)Idling or use of auxiliary truck engine power to power climate control equipment shall be prohibited if the truck is capable of plugging in at the loading bay and sufficient power is available.
(4)Ensures that any heating, ventilation, and air-conditioning is high-efficiency.
(5)(A)Ensures that all classes of forklifts used on site, pursuant to State Air Resources Boards Zero-Emission Forklifts regulation, as drafted, shall be zero-emission by January 1, 2030, to the extent operationally feasible, commercially off-the-shelf available, and adequate power available on site.
(B)(i)If not operationally feasible, commercially off-the-shelf available, or if there is inadequate power available on site, the cleanest technology commercially available shall be used.
(ii)Cost shall not be a factor in determining operational feasibility pursuant to this subparagraph.
(6)(A)Ensures that equipment used on site utilizing small off-road engines shall be zero-emission, to the extent operationally feasible, commercially off-the-shelf available, and adequate power available on site.
(B)(i)If not operationally feasible, commercially off-the-shelf available, or if there is inadequate power available on site, the cleanest technology commercially available shall be used.
(ii)Cost shall not be a factor in determining operational feasibility pursuant to this subparagraph.
(C)Should any equipment used on site utilizing small off-road engines be contracted out, the logistics use development shall preferentially contract for services utilizing zero-emission small off-road engines.
(b)Expansion means the expansion of an existing logistics use development by 20 percent or more of the existing square footage. Office space shall not be included as part of the existing square footage or in the square footage for the 20-percent expansion threshold.
(c)Heavy-duty truck means a class 7 or class 8 truck. As used in this subdivision:
(1)Class 7 truck means a truck with a gross vehicle weight rating of 26,001 to 33,000 pounds.
(2)Class 8 truck means a truck with a gross vehicle weight rating of greater than 33,000 pounds.
(d)Logistics use development means a building that is primarily used as a warehouse for the movement or the storage of cargo, goods, or products that are moved to business or retail customers, or both, that does not predominantly serve retail customers for onsite purchases, and heavy-duty trucks are primarily involved in the movement of the cargo, goods, or products. Logistics use development does not include any of the following:
(1)Facilities where food or household goods are sold directly to consumers and are accessible to the public.
(2)A building primarily served by rail to move cargo goods or product.
(3)(A)A Strategic Intermodal Facility.
(B)For purposes of this subdivision, Strategic Intermodal Facility means a project that satisfies all of the following requirements:
(i)Logistics facilities, including warehousing and transloading facilities, served by rail.
(ii)Intermodal freight transport services.
(iii)All facility structures and related rail operations are located within a single site footprint.
(4)A building that serves a primary agricultural use that is actively operated for a single period of 90 consecutive days or less each year.
(e)Sensitive receptor means one or more of the following:
(1)A residence, including, but not limited to, a private home, apartment, condominium unit, group home, dormitory unit, or retirement home.
(2)A school, including, but not limited to, a preschool, prekindergarten, or school maintaining kindergarten or any of grades 1 to 12, inclusive.
(3)A daycare facility, including, but not limited to, in-home daycare.
(4)(A)Publicly owned parks, playgrounds, and recreational areas or facilities primarily used by children.
(B)For purposes of subparagraph (A), the following types of park and recreation areas shall not be considered a sensitive receptor:
(i)Parks and recreation areas included as a condition of approval for the logistics use development.
(ii)Land that will be used to ensure the publics right of access to the sea, or other public access, pursuant to the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code) or McAteer-Petris Act (Title 7.2 (commencing with Section 66600)).
(iii)Land developed at or adjacent to an airport or seaport for the express purpose of creating a buffer area between sensitive receptors and an airport or seaport facility.
(5)Nursing homes, long-term care facilities, hospices, convalescent facilities, or similar live-in housing.
(6)Hospitals, as defined in Section 128700 of the Health and Safety Code.
(f)Small off-road engines means spark-ignition engines rated at or below 19 kilowatts or 25 horsepower or less.
(g)Tier 1 21st century warehouse means a logistics use development that meets all of the following:
(1)Complies with or exceeds all requirements of the most current building energy efficiency standards specified in Part 6 (commencing with Section 100) of Title 24 of the California Code of Regulations and the California Green Building Standards Code (Part 11 of Title 24 of the California Code of Regulations) that are in effect at the time that the building permit is issued, including, but not limited to, the following requirements related to:
(A)(i)Photovoltaic system installation and associated battery storage.
(ii)For purposes of the photovoltaic system installation requirement in clause (i), all logistic use square footage should be considered conditioned space.
(B)Cool roofing.
(C)Medium- and heavy-duty vehicle charging readiness.
(D)Light-duty electric vehicle charging readiness and installed charging stations.
(2)Has skylights in at least one percent of the roof area, or equivalent LED efficient lighting.
(3)Has a microgrid-ready switchgear system capable of supporting distributed energy resources.
(4)Is advanced smart metering ready.
(5)Has a minimum of 50 percent of all passenger vehicle parking spaces preinstalled with conduit and all necessary physical infrastructure to support future charging of electric vehicles.
(6)Has a minimum of 10 percent of all passenger vehicle parking spaces installed with electric vehicle charging stations.
(7)(A)Provides conduits and electrical hookups at all loading bays serving cold storage.
(B)Idling or use of auxiliary truck engine power to power climate control equipment shall be prohibited if the truck is capable of plugging in at the loading bay and sufficient power is available.
(8)Ensures that any heating, ventilation, and air-conditioning is high-efficiency.
(9)(A)Ensures that all classes of forklifts used on site, pursuant to State Air Resources Boards Zero-Emission Forklifts regulation, as drafted, shall be zero-emission by January 1, 2028, to the extent operationally feasible, commercially off-the-shelf available, and adequate power available on site.
(B)(i)If not operationally feasible, commercially off-the-shelf available, or if there is inadequate power available on site, the cleanest technology commercially available shall be used.
(ii)Cost shall not be a factor in determining operational feasibility pursuant to this subparagraph.
(10)(A)Ensures that equipment used on site utilizing small off-road engines shall be zero-emission, to the extent operationally feasible, commercially off-the-shelf available, and adequate power available on site.
(B)(i)If not operationally feasible, commercially off-the-shelf available, or if there is inadequate power available on site, the cleanest technology commercially available shall be used.
(ii)Cost shall not be a factor in determining operational feasibility pursuant to this subparagraph.
(C)Should any equipment used on site utilizing small off-road engines be contracted out, the logistics use development shall preferentially contract for services utilizing zero-emission small off-road engines.
(h)Warehouse concentration region includes the unincorporated areas within the Counties of Riverside and San Bernardino and the Cities of Chino, Colton, Fontana, Jurupa Valley, Moreno Valley, Ontario, Perris, Rancho Cucamonga, Redlands, Rialto, Riverside, and San Bernardino.
(i)Logistics park means a development consisting of multiple buildings containing logistics use developments.
SEC. 2.Section 65098.1 of the Government Code is amended to read:65098.1.(a)Commencing January 1, 2026, any proposed new or expanded logistics use development 250,000 square feet or more where the loading bay is within 900 feet of a sensitive receptor that is utilizing a site zoned for industrial use or any site where an application was submitted to the jurisdiction by September 30, 2024, to rezone as industrial and the rezone to industrial was ultimately approved shall comply with all of the following:
(1)Include all Tier 1 21st century warehouse design elements described in subdivision (g) of Section 65098.
(2)Orient truck loading bays on the side of the logistics use development that is away from the nearest sensitive receptor, to the extent feasible.
(3)Locate truck loading bays a minimum of 300 feet from the property line of the nearest sensitive receptor to the nearest truck loading bay opening using a direct straight-line method.
(4)Have a separate entrance to the logistics use development or logistics park for heavy-duty trucks accessible via a truck route, arterial road, major thoroughfare, or a local road that predominantly serves commercial, agricultural, or industrial uses. A separate entrance for heavy-duty trucks may include a driveway with a lane dedicated to heavy-duty trucks and a lane dedicated for other vehicles.
(5)Locate truck entry, exit, and internal circulation away from sensitive receptors. Heavy-duty diesel truck drive aisles shall be prohibited from being used on sides of the logistics use development that are directly adjacent to a sensitive receptor property line.
(6)Comply with buffering and screening to mitigate for light and noise, as described in Section 65098.2.
(b)Commencing January 1, 2026, except as provided for in subdivision (c), any proposed new or expanded logistics use development that is on land that is not zoned industrial, whether developed or undeveloped, or land that needs to be rezoned, where the loading bay is within 900 feet of a sensitive receptor, shall comply with all of the following:
(1)If the logistics use development is 250,000 square feet or more it shall include all Tier 1 21st century warehouse design elements described in subdivision (g) of Section 65098. If the logistics use development is less than 250,000 square feet it shall include all 21st century warehouse design elements described in subdivision (a) of Section 65098.
(2)Orient truck loading bays on the side of the logistics use development that is away from the nearest sensitive receptor, to the extent feasible.
(3)Locate truck loading bays a minimum of 500 feet from the property line of the nearest sensitive receptor to the nearest truck loading bay opening using a direct straight-line method.
(4)Have a separate entrance to the logistics use development or logistics park for heavy-duty trucks accessible via a truck route, arterial road, major thoroughfare, or a local road that predominantly serves commercial, agricultural, or industrial uses. A separate entrance for heavy-duty trucks may include a driveway with a lane dedicated to heavy-duty trucks and a lane dedicated to automobiles.
(5)Locate truck entry, exit, and internal circulation away from sensitive receptors. Heavy-duty diesel truck drive aisles shall be prohibited from being used on sides of the logistics use development that are directly adjacent to a sensitive receptor property line.
(6)Comply with buffering and screening to mitigate for light and noise, as described in Section 65098.2.
(c)Commencing January 1, 2026, any proposed new or expanded logistics use development that is on land that is not zoned industrial, whether developed or undeveloped, or land that needs to be rezoned, and is located in the warehouse concentration region, shall comply with all of the following:
(1)If the logistics use development is 250,000 square feet or more it shall include all Tier 1 21st century warehouse design elements described in subdivision (g) of Section 65098. If the logistics use development is less than 250,000 square feet it shall include all 21st century warehouse design elements described in subdivision (a) of Section 65098.
(2)Orient truck loading bays on the side of the logistics use development that is away from the nearest sensitive receptor, to the extent feasible.
(3)Locate truck loading bays a minimum of 500 feet from the property line of the nearest sensitive receptor to the nearest truck loading bay opening using a direct straight-line method.
(4)Have a separate entrance to the logistics use development or logistics park for heavy-duty trucks accessible via a truck route, arterial road, major thoroughfare, or a local road that predominantly serves commercial, agricultural, or industrial uses. A separate entrance for heavy-duty trucks may include a driveway with a lane dedicated to heavy-duty trucks and a lane dedicated to automobiles.
(5)Locate truck entry, exit, and internal circulation away from sensitive receptors. Heavy-duty diesel truck drive aisles shall be prohibited from being used on sides of the logistics use development that are directly adjacent to a sensitive receptor property line.
(6)Comply with buffering and screening to mitigate for light and noise, as described in Section 65098.2.
(d)Commencing January 1, 2026, any proposed new or expanded logistics use development less than 250,000 square feet where the loading bay is within 900 feet of a sensitive receptor that is utilizing a site zoned for industrial use or any site where an application was submitted to the jurisdiction by September 30, 2024, to rezone as industrial and the rezone to industrial was ultimately approved shall comply with all of the following:
(1)Orient truck loading bays on the side of the logistics use development that is away from the nearest sensitive receptor, to the extent feasible.
(2)Locate truck entry, exit, and internal circulation away from sensitive receptors. Heavy-duty diesel truck drive aisles shall be prohibited from being used on sides of the logistics use development that are directly adjacent to a sensitive receptor property line.
(3)Comply with buffering and screening to mitigate for light and noise, as described in Section 65098.2.
(4)Complies with or exceeds all requirements of the most current building energy efficiency standards specified in Part 6 (commencing with Section 100) of Title 24 of the California Code of Regulations and the California Green Building Standards Code (Part 11 of Title 24 of the California Code of Regulations) that are in effect at the time that the building permit is issued, including, but not limited to, the following requirements related to:
(A)Photovoltaic system installation and associated battery storage.
(B)Cool roofing.
(C)Medium- and heavy-duty vehicle charging readiness.
(D)Light-duty electric vehicle charging readiness and installed charging stations.
(5)(A)Provides conduits at loading bays equal to one truck per every loading bay serving cold storage.
(B)Idling or use of auxiliary truck engine power to power climate control equipment shall be prohibited if the truck is capable of plugging in at the loading bay and sufficient power is available.
(6)Ensures that any heating, ventilation, and air-conditioning is high-efficiency.
(7)Have a separate entrance for heavy-duty trucks accessible via a truck route, arterial road, major thoroughfare, or a local road that predominantly serves commercial oriented uses.
(e)For purposes of this section, rezone does not include land that meets both of the following requirements:
(1)The land is annexed by a jurisdiction through a boundary change.
(2)The zoning in the new jurisdiction is consistent with the zoning assigned by the original jurisdiction.
SEC. 3.Section 65098.1.5 of the Government Code is amended to read:65098.1.5.(a)(1)Notwithstanding any other law, except as provided in Section 65098.1.6, any existing logistics use development in existence as of September 30, 2024, shall not be subject to the requirements described in paragraph (3) of subdivision (a) of, paragraph (3) of subdivision (b) of, or paragraph (3) of subdivision (c) of Section 65098.1, as applicable, if a new sensitive receptor is constructed, established, or permitted after the effective date of this chapter.
(2)Notwithstanding any other law, except as provided in Section 65098.1.6, if by September 30, 2024, a proposed expansion of a logistics use development is in a local entitlement process, then the proposed expansion shall not be subject to the requirements described in paragraph (3) of subdivision (a) of, paragraph (3) of subdivision (b) of, or paragraph (3) of subdivision (c) of Section 65098.1, as applicable, if a sensitive receptor is constructed, established, or permitted after the effective date of this chapter.
(3)Notwithstanding any other law, except as provided in Section 65098.1.6, if by September 30, 2024, a property is currently in a local entitlement process to become a logistics use development, then the proposed logistics use development shall not be subject to the requirements described in paragraph (3) of subdivision (a) of, paragraph (3) of subdivision (b) of, or paragraph (3) of subdivision (c) of Section 65098.1, as applicable, if a sensitive receptor is constructed, established, or permitted after the effective date of this chapter.
(b)(1)Any proposed new logistics use developments that require the rezoning of land and must undergo a municipal entitlement process shall not be subject to the requirements described in paragraph (3) of subdivision (a) of, paragraph (3) of subdivision (b) of, or paragraph (3) of subdivision (c) of Section 65098.1, as applicable, if the start of the entitlement process for the logistics use development began before any sensitive receptor started its own entitlement or permitting process, unless the proposed sensitive receptor was an existing allowable use according to local zoning regulations.
(2)During a logistics use developments entitlement process for a new or expanded logistics use development, if a new sensitive receptor is proposed or established within the distances required by paragraph (3) of subdivision (a) of, paragraph (3) of subdivision (b) of, or paragraph (3) of subdivision (c) of Section 65098.1, as applicable, then those distance requirements shall not apply to the logistics use development so long as the logistics use development was not already subject to those requirements prior to the new sensitive receptor being proposed or established.
(c)The protection afforded by this section shall remain in effect from the time of the initial application submission through the completion of the entitlement process, including any necessary rezoning actions and through the development period. If no construction activity occurs within five years of entitlement approvals, the protections shall be waived.
SEC. 4.Section 65098.1.6 is added to the Government Code, to read:65098.1.6.(a)Notwithstanding any other law, this chapter shall not apply to any logistics use development that was subject to a local entitlement process that began before September 30, 2024.
(b)Notwithstanding any other law, this chapter shall not apply to a logistics use development that received an approval by a local agency before the date upon which this chapter became effective.
(c)For purposes of this section, approval shall have the same meaning as is set forth in subdivision (a) of Section 15352 of Chapter 3 of Division 6 of Title 14 of the California Code of Regulations.
SEC. 5.Section 65098.2 of the Government Code is amended to read:65098.2.(a)Any new logistics use development within 900 feet of a sensitive receptor shall have a buffer as follows:
(1)If the logistics use development is subject to the requirements of subdivision (a) or (d) of Section 65098.1, the buffer shall be 50 feet in width measured from the property line of all adjacent sensitive receptors that, in accordance with subdivisions (b) and (c), fully screen the logistics use development from the sensitive receptor.
(2)If the logistics use development is subject to either subdivision (b) or subdivision (c) of Section 65098.1, the buffer shall be 100 feet in width measured from the property line of all adjacent sensitive receptors that, in accordance with subdivisions (b) and (c), fully screen the logistics use development from the sensitive receptor.
(b)Buffer areas shall include a solid decorative wall, landscaped berm and wall, or landscaped berm 10 feet or more in height, drought tolerant natural ground landscaping with proper irrigation, and solid-screen buffering trees as described in subdivision (c) and may include other hardscape, access, and passenger vehicle parking improvements.
(c)Trees shall be used as part of a solid-screen buffering treatment and planted in two rows along the length of the property line adjacent to the sensitive receptor. Trees used for this purpose shall be evergreen, drought tolerant, to the extent feasible, composed of species with low biogenic emissions, of a minimum 36-inch box size at planting, and spaced at no greater distance than 40 feet on center. Palm trees shall not be utilized. The buffer area may include any landscaped areas within a public right-of-way or public or private pedestrian walkways.
(d)A city, county, or city and county shall not adopt or enforce any ordinance, standard, rule, or regulation that would have the effect of physically precluding a logistics use development from complying with any of the requirements set forth in this chapter.SEC. 6.Section 65098.2.5 of the Government Code is amended to read:65098.2.5.The entry gates into the loading truck court for a new or expanded logistics use development shall be positioned after a minimum of 50 feet of total available stacking depth inside the property line. The stacking depth shall be increased by 70 feet for every 20 loading bays beyond 50 loading bays, to the extent feasible.
SEC. 7.Section 65098.2.7 of the Government Code is amended to read:65098.2.7.(a)The purpose of this section is to ensure that logistics use developments, beginning January 1, 2026, are sited in locations that minimize adverse impacts on residential communities and enhance transportation efficiency. This is achieved by restricting logistics use development to roadways that are suited to handle the associated traffic and that predominantly serve commercial, agricultural, or industrial uses.
(b)(1)Any new logistics use development shall be sited on roadways that meet the following classifications:
(A)Arterial roads.
(B)Collector roads.
(C)Major thoroughfares.
(D)Local roads that predominantly serve commercial, agricultural, or industrial uses.
(2)For purposes of this chapter, local roads shall be considered to predominantly serve commercial, agricultural, or industrial uses if more than 50 percent of the properties fronting the road within 1,000 feet of the sites truck entrances and exits are designated for commercial, agricultural, or industrial use according to the local zoning ordinance.
(c)A waiver may be granted where siting on the designated roadways pursuant to subdivision (b) is impractical due to unique geographic, economic, or infrastructure-related reasons. The waiver shall be approved by the city, county, or city and county, provided that the applicant demonstrates all of the following:
(1)There is no feasible alternative site that exists within the designated roadways.
(2)A traffic analysis has been completed and submitted to the local approving authority.
(3)The site is an existing industrial zone or an existing industrial or agricultural zone for an agricultural-related logistics use project.
(4)The proposed site will incorporate mitigations to minimize traffic and environmental impacts on residential areas to the greatest extent feasible.
SEC. 8.Section 65098.2.8 is added to the Government Code, to read:65098.2.8.(a)Except as specified in subdivision (b), a jurisdiction that is not in a warehouse concentration region shall adopt an ordinance, on or before January 1, 2028, that shall do all of the following:
(1)Identify and establish specific travel routes for the transport of goods, materials, or freight for storage, transfer, or redistribution to safely accommodate additional truck traffic and avoid residential areas and sensitive receptors, as defined in Section 65098.
(2)Maximize the use of interstate or divided highways as preferred routes for truck routes. The county or city shall also maximize use of arterial roads, major thoroughfares, and local roads that predominantly serve commercial, agricultural, or industrial uses when state or interstate highways are not utilized. Truck routes shall comply with all of the following.
(A)Major or minor collector streets and local roads that predominantly serve commercial, agricultural, or industrial uses shall be used for truck routes only when strictly necessary to reach existing industrial zones.
(B)Trucks shall be routed via transportation arteries that minimize exposure to sensitive receptors.
(C)On and after January 1, 2028, or January 1, 2030, for a jurisdiction that is subject to subdivision (b), all proposed development of a logistics use development, as defined in subdivision (d) of Section 65098, shall be accessible via arterial roads, major thoroughfares, or local roads that predominantly serve commercial, agricultural, or industrial uses.
(i)The purpose of this section is to ensure that logistics use development are sited in locations that minimize adverse impacts on residential communities and enhance transportation efficiency. This is achieved by restricting logistics use developments to roadways that are suited to handle the associated traffic and that predominantly serve commercial, agricultural, or industrial uses.
(ii)For purposes of this section, local roads shall be considered to predominantly serve commercial, agricultural, or industrial uses if more than 50 percent of the properties fronting the road within 1,000 feet are designed for commercial, agricultural, or industrial use according to the local zoning ordinance.
(D)Notwithstanding any other provision in this paragraph, an ordinance may, but is not required to, regulate traffic from a primary agricultural use facility, located in that jurisdiction. For purposes of this subparagraph, a primary agricultural use facility means a logistics use facility that is less than 20,000 square feet, located in an unincorporated area, in which one or more agricultural commodities or forest products is produced, processed, or packaged, and that may include storage of those commodities or products incidental to production, processing, or packaging.
(b)A jurisdiction that is a city with a population that is equal to, or less than, 50,000 persons or a county with a population that is equal to, or less than, 100,000 persons shall adopt the ordinance required pursuant to subdivision (a) on or before January 1, 2030.
(c)The city or county may consult with the Department of Transportation and the California Freight Advisory Committee for technical assistance.
(d)The city or county shall provide for posting of conspicuous signage to identify truck routes and additional signage for truck parking and appropriate idling facility locations.
(e)The city or county shall make truck routes publicly available in geographic information system (GIS) format and share GIS maps of the truck routes with warehouse operators, fleet operators, and truck drivers.
(f)The city or county shall provide opportunities for the involvement of citizens, California Native American Indian tribes, public agencies, public utility companies, and civic, educational, and other community groups through public hearings and any other means that the planning agency deems appropriate, consistent with Section 65351.
(g)The city or county shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the changes required pursuant to this section.
(h)The requirement to adopt an ordinance pursuant to this section shall not apply to a city, county, or city and county that as of January 1, 2025, did not have any logistics use development within its jurisdiction. If any proposed new logistics use development is approved within a jurisdiction after January 1, 2025, a city, county, or city and county shall comply with the requirements in this section within two years after the date of final approval of a logistics use development.
(i)(1)In an action brought by the Attorney General against a An action may be brought by the Attorney General against a city, county, or city and county that is in violation of this section. A city, county, or city and county that has been found by a court to be in violation of this section shall be subject to any of the following:
(A)A civil penalty of up to fifty thousand dollars ($50,000) every six months, accrued from the date of the violation until the violation is cured.
(B)Costs of investigating and prosecuting this action, including expert fees, reasonable attorneys fees, and costs.
(C)Other relief deemed appropriate by the court, including equitable and injunctive relief.
(2)In determining the application of the remedies available under this section, the court shall consider whether there are any mitigating circumstances delaying the jurisdiction from coming into compliance with this section. The court may consider whether a city, county, or city and county is making a good faith effort to come into substantial compliance or is facing substantial undue hardships.
(j)Civil penalties collected pursuant to this section shall be paid to the office of the Attorney General. Upon appropriation by the Legislature, any civil penalties collected pursuant subdivision (i) shall be distributed by the Attorney General and returned to the local air quality management district in which the civil penalty was imposed for the districts efforts to improve air quality.
SEC. 9.Section 65098.3 of the Government Code is amended to read:65098.3.(a)Anti-idling signs indicating a three-minute heavy-duty truck engine idling restriction shall be posted at logistics use developments along entrances to the site and at the truck loading bays.
(b)Signs shall be installed at all heavy-duty truck exit driveways directing truck drivers to the truck route as indicated in the truck routing plan, as described in Section 65098.4, and to the state highway system.
SEC. 10.Section 65098.4 of the Government Code is amended to read:65098.4.(a)Prior to the issuance of a certificate of occupancy, a logistics use development operator shall establish and submit for approval to the planning director or equivalent position for the city, county, or city and county a truck routing plan to and from the state highway system based on the latest truck route map of the city, county, or city and county. The truck routing plan shall describe the operational characteristics of the logistic use and of the logistics use development operator, including, but not limited to, hours of operation, types of items to be stored within the building, and proposed truck routing to and from the logistics use development to designated truck routes that, to the greatest extent possible, avoid passing sensitive receptors. The truck routing plan shall include measures, such as signage and pavement markings, and queuing analysis for preventing truck queuing, circling, stopping, and parking on public streets. The logistics use development operator shall be responsible for communication of the truck routing plan internally and to external parties who may dispatch trucks to the facility.
(b)A revised truck routing plan shall be submitted to the planning director or equivalent position prior to a business license being issued by the city, county, or city and county for any new tenant of the property. The planning director or equivalent position shall have discretion to determine if changes to the truck routing plan are necessary, including, but not limited to, any additional measures to alleviate truck routing and parking issues that may arise during the life of the logistics use development.
(c)This section shall not be construed to expand or restrict any authority that the planning director may have pursuant to any local ordinance or regulation to regulate hours of operation.
SEC. 11.Section 65098.5 of the Government Code is amended to read:65098.5.(a)A city, county, or city and county shall not approve development of a logistics use development that does not meet or exceed the standards outlined in this chapter.
(b)A city, county, or city and county shall not adopt or enforce any ordinance, standard, rule, or regulation to the extent that the ordinance, standard, rule, or regulation would prohibit or have the effect of physically precluding any physical feature of a logistics use development that is required by paragraphs (1) to (4), inclusive, of subdivision (a) of Section 65098, paragraphs (1) to (7), inclusive, of subdivision (g) of Section 65098, paragraphs (1), (4), and (6) of subdivision (a) of Section 65098.1, paragraphs (1), (4), and (6) of subdivision (b) of Section 65098.1, paragraphs (1), (4), and (6) of subdivision (c) of Section 65098.1, paragraphs (3) to (5), inclusive, and paragraph (7) of subdivision (d) of Section 65098.1, Section 65098.2, or Section 65098.2.5.
(b)(c)This section shall not be construed to restrict the existing authority of a city, county, or city and county to deny a logistics use development altogether. do either of the following:
(1)Deny a logistics use development altogether.
(2)Adopt or enforce an ordinance, standard, rule, or regulation that prohibits or has the effect of physically precluding a new logistics use development or the expansion of a logistics use development on any parcel.
SEC. 12.Section 65098.6 of the Government Code is amended to read:65098.6.A city, county, or city and county shall condition approval of a logistics use development on the following:
(a)Two-to-one replacement of any demolished housing unit that was occupied within the last 10 years, unless the housing unit was declared substandard by a building official, pursuant to Section 17920.3 of the Health and Safety Code, prior to purchase by the developer. For each housing unit demolished, regardless of market value of the unit, two units of affordable housing for persons and families of low or moderate income, as defined in Section 50093 of the Health and Safety Code, that are deed-restricted shall be built within the jurisdiction. Funds from any fee imposed for the replacement of demolished housing units shall be placed in a housing-specific set-aside account and shall be used for housing within three years of collection.
(b)If residential dwellings are affected through purchase, the developer shall be required to provide any displaced tenant with an amount equivalent to 12 months rent at the current rate.
(c)Nothing in this section shall be construed to limit or preclude the applicability of Article 2 (commencing with Section 66300.5) of Chapter 12 to logistics uses. A logistics use that is subject to Article 2 (commencing with Section 66300.5) of Chapter 12 shall first comply with that article. Any additional replacement housing obligations or payments to displaced tenants that are not required pursuant to that article shall comply with this section.
SEC. 13.Section 65302.02 of the Government Code is amended to read:65302.02.(a)A county or city that is located in a warehouse concentration region, as defined in Section 65098, shall update its circulation element, as required by subdivision (b) of Section 65302, to do all of the following on or before January 1, 2026.
(1)Identify and establish specific travel routes for the transport of goods, materials, or freight for storage, transfer, or redistribution to safely accommodate additional truck traffic and avoid residential areas and sensitive receptors, as defined by Section 65098.
(2)Maximize the use of interstate or state divided highways as preferred routes for truck routes. The county or city shall also maximize use of arterial roads, major thoroughfares, and local roads that predominantly serve commercial, agricultural, or industrial uses when state or interstate highways are not utilized. Truck routes shall comply with the following:
(A)Major or minor collector streets and local roads that predominantly serve commercial, agricultural, or industrial uses shall be used for truck routes only when strictly necessary to reach existing industrial zones.
(B)Trucks shall be routed via transportation arteries that minimize exposure to sensitive receptors.
(b)On and after January 1, 2028, all proposed development of a logistics use development, as defined in subdivision (d) of Section 65098, shall be accessible via arterial roads, major thoroughfares, or local roads that predominantly serve commercial, agricultural, or industrial uses.
(c)The purpose of this section is to ensure that logistics use developments are sited in locations that minimize adverse impacts on residential communities and enhance transportation efficiency. This is achieved by restricting logistics use developments to roadways that are suited to handle the associated traffic and that predominantly serve commercial, agricultural, or industrial uses.
(d)For purposes of this section, local roads shall be considered to predominantly serve commercial, agricultural, or industrial uses if more than 50 percent of the properties fronting the road within 1,000 feet of the truck entrances and exits are designated for commercial, agricultural, or industrial use according to the local zoning ordinance.
(e)The county or city may consult with the Department of Transportation and the California Freight Advisory Committee for technical assistance.
(f)The county or city shall provide for posting of conspicuous signage to identify truck routes and additional signage for truck parking and appropriate locations for idling and parking.
(g)The county or city shall make truck routes publicly available in geographic information system (GIS) format and share GIS maps of the truck routes with warehouse operators, fleet operators, and truck drivers.
(h)The city or county shall provide opportunities for the involvement of citizens, California Native American Indian tribes, public agencies, public utility companies, and civic, educational, and other community groups through public hearings and any other means the planning agency deems appropriate, consistent with Section 65351.
(i)The city or county shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the changes required pursuant to this section.
(j)(1)An action may be brought by the Attorney General against a jurisdiction that is in violation of this section. A city, county, or city and county found by the courts a court to be in violation of this section shall be subject to any of the following:
(A)A civil penalty of up to fifty thousand dollars ($50,000) every six months, accrued from the date of the violation until the violation is cured.
(B)All costs of investigating and prosecuting this action, including expert fees, reasonable attorneys fees, and costs.
(C)Other relief deemed appropriate by the court, including equitable and injunctive relief.
(2)In determining the application of the remedies available pursuant to this section, the court shall consider whether there are any mitigating circumstances delaying the jurisdiction from coming into compliance with this section. The court may consider whether a city, county, or city and county is making a good faith effort to come into substantial compliance or is facing substantial undue hardship.
(k)Civil penalties collected pursuant to this section shall be paid to the office of the Attorney General. Upon appropriation by the Legislature, any civil penalties collected pursuant to subdivision (j), shall be distributed by the Attorney General and returned to the local air quality management district in which the civil penalty was imposed for the districts efforts to improve air quality.
SEC. 14.Section 40458.5 of the Health and Safety Code is amended to read:40458.5.(a)Subject to an appropriation for this express purpose, the South Coast Air Quality Management District shall, beginning on January 1, 2026, and until January 1, 2032, deploy mobile air monitoring systems within the Counties of Riverside and San Bernardino to collect air pollution measurements in communities that are near operational logistics use developments.
(b)The South Coast Air Quality Management District shall use the data collected pursuant to subdivision (a) to conduct an air modeling analysis to evaluate the impact of air pollution on sensitive receptors, as defined in Section 65098 of the Government Code, from logistics use development operations in the Counties of Riverside and San Bernardino, including relative pollution concentrations from logistics use developments at varying distances from sensitive receptors.(b)Based on the amount of appropriated funds, the district may use a combination of new air monitoring data or other measurement data to evaluate pollutant concentrations at varying distances away from new logistics use projects.
(c)The South Coast Air Quality Management District shall submit its findings to the Legislature on or before January 1, 2033. On or before January 1, 2028, the South Coast Air Quality Management District shall submit an interim report to evaluate the impact of air pollution on sensitive receptors, as defined in Section 65098 of the Government Code, from logistics use development operations in the Counties of Riverside and San Bernardino, including relative pollution concentrations from logistics use developments at varying distances from sensitive receptors. This report shall be used to assess the effectiveness of setbacks on public health.
(d)(1)The requirement for submitting a report imposed pursuant to subdivision (c) is inoperative on January 1, 2040, pursuant to Section 10231.5 of the Government Code.
(2)A report to be submitted pursuant to subdivision (c) shall be submitted in compliance with Section 9795 of the Government Code.
SEC. 15.Section 40522.7 of the Health and Safety Code is amended to read:40522.7.The South Coast Air Quality Management District shall establish a process for receiving community input on how any penalties assessed and collected for violations of the Warehouse Indirect Source Rule are spent. The South Coast Air Quality Management District shall ensure a wide range of community groups are included in the process and that groups represent the geographic areas where there are high numbers of warehouse facilities.
SEC. 16.Section 2429.9 is added to the Vehicle Code, immediately following Section 2429.7, to read:2429.9.(a)On or before January 1, 2027, the Department of the California Highway Patrol shall make the following available to city and county law enforcement agencies subject to this section:
(1)At no charge, training on enforcement of laws related to commercial vehicles, as defined in Section 260 of the California Vehicle Code, including, but not limited to, truck route enforcement.
(2)Course completion certificates for city and county law enforcement personnel who have completed the training described in paragraph (1).
(b)All jurisdictions that are required to update a circulation element or to adopt an ordinance pursuant to Section 65098.1 of the Government Code shall have at least one enforcement officer that has received a completion certificate pursuant to paragraph (2) of subdivision (a) by the date upon which that circulation element is updated or ordinance is adopted.
(c)Nothing in this section shall be construed to require the department to provide training for which it has not received funding or to require a jurisdiction to have an enforcement officer that has received a course completion certificate if the department has not made the training described in subdivision (a) available to law enforcement personnel at no charge.
SEC. 17.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
As used in this chapter:
(a)21st century warehouse means a logistics use development that meets all of the following:
(1)Complies with or exceeds all requirements of the most current building energy efficiency standards specified in Part 6 (commencing with Section 100) of Title 24 of the California Code of Regulations and the California Green Building Standards Code (Part 11 of Title 24 of the California Code of Regulations) that are in effect at the time that the building permit is issued, including, but not limited to, the following requirements related to:
(A)Photovoltaic system installation and associated battery storage.
(B)Cool roofing.
(C)Medium- and heavy-duty vehicle charging readiness.
(D)Light-duty electric vehicle charging readiness and installed charging stations.
(2)Has skylights in at least 1 percent of the roof area, or equivalent LED efficient lighting.
(3)(A)Provides conduits and electrical hookups at all loading bays serving cold storage.
(B)Idling or use of auxiliary truck engine power to power climate control equipment shall be prohibited if the truck is capable of plugging in at the loading bay and sufficient power is available.
(4)Ensures that any heating, ventilation, and air-conditioning is high-efficiency.
(5)(A)Ensures that all classes of forklifts used on site, pursuant to State Air Resources Boards Zero-Emission Forklifts regulation, as drafted, shall be zero-emission by January 1, 2030, to the extent operationally feasible, commercially off-the-shelf available, and adequate power available on site.
(B)(i)If not operationally feasible, commercially off-the-shelf available, or if there is inadequate power available on site, the cleanest technology commercially available shall be used.
(ii)Cost shall not be a factor in determining operational feasibility pursuant to this subparagraph.
(6)(A)Ensures that equipment used on site utilizing small off-road engines shall be zero-emission, to the extent operationally feasible, commercially off-the-shelf available, and adequate power available on site.
(B)(i)If not operationally feasible, commercially off-the-shelf available, or if there is inadequate power available on site, the cleanest technology commercially available shall be used.
(ii)Cost shall not be a factor in determining operational feasibility pursuant to this subparagraph.
(C)Should any equipment used on site utilizing small off-road engines be contracted out, the logistics use development shall preferentially contract for services utilizing zero-emission small off-road engines.
(b)Expansion means the expansion of an existing logistics use development by 20 percent or more of the existing square footage. Office space shall not be included as part of the existing square footage or in the square footage for the 20-percent expansion threshold.
(c)Heavy-duty truck means a class 7 or class 8 truck. As used in this subdivision:
(1)Class 7 truck means a truck with a gross vehicle weight rating of 26,001 to 33,000 pounds.
(2)Class 8 truck means a truck with a gross vehicle weight rating of greater than 33,000 pounds.
(d)Logistics use development means a building that is primarily used as a warehouse for the movement or the storage of cargo, goods, or products that are moved to business or retail customers, or both, that does not predominantly serve retail customers for onsite purchases, and heavy-duty trucks are primarily involved in the movement of the cargo, goods, or products. Logistics use development does not include any of the following:
(1)Facilities where food or household goods are sold directly to consumers and are accessible to the public.
(2)A building primarily served by rail to move cargo goods or product.
(3)(A)A Strategic Intermodal Facility.
(B)For purposes of this subdivision, Strategic Intermodal Facility means a project that satisfies all of the following requirements:
(i)Logistics facilities, including warehousing and transloading facilities, served by rail.
(ii)Intermodal freight transport services.
(iii)All facility structures and related rail operations are located within a single site footprint.
(4)A building that serves a primary agricultural use that is actively operated for a single period of 90 consecutive days or less each year.
(e)Sensitive receptor means one or more of the following:
(1)A residence, including, but not limited to, a private home, apartment, condominium unit, group home, dormitory unit, or retirement home.
(2)A school, including, but not limited to, a preschool, prekindergarten, or school maintaining kindergarten or any of grades 1 to 12, inclusive.
(3)A daycare facility, including, but not limited to, in-home daycare.
(4)(A)Publicly owned parks, playgrounds, and recreational areas or facilities primarily used by children, unless the development of the park and recreation areas are included as a condition of approval for the logistics use development or land that will be used to ensure the publics right of access to the sea pursuant to the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code). children.
(B)For purposes of subparagraph (A), the following types of park and recreation areas shall not be considered a sensitive receptor:
(i)Parks and recreation areas included as a condition of approval for the logistics use development.
(ii)Land that will be used to ensure the publics right of access to the sea, or other public access, pursuant to the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code) or McAteer-Petris Act (Title 7.2 (commencing with Section 66600)).
(iii)Land developed at or adjacent to an airport or seaport for the express purpose of creating a buffer area between sensitive receptors and an airport or seaport facility.
(5)Nursing homes, long-term care facilities, hospices, convalescent facilities, or similar live-in housing.
(6)Hospitals, as defined in Section 128700 of the Health and Safety Code.
(f)Small off-road engines means spark-ignition engines rated at or below 19 kilowatts or 25 horsepower or less.
(g)Tier 1 21st century warehouse means a logistics use development that meets all of the following:
(1)Complies with or exceeds all requirements of the most current building energy efficiency standards specified in Part 6 (commencing with Section 100) of Title 24 of the California Code of Regulations and the California Green Building Standards Code (Part 11 of Title 24 of the California Code of Regulations) that are in effect at the time that the building permit is issued, including, but not limited to, the following requirements related to:
(A)(i)Photovoltaic system installation and associated battery storage.
(ii)For purposes of the photovoltaic system installation requirement in clause (i), all logistic use square footage should be considered conditioned space.
(B)Cool roofing.
(C)Medium- and heavy-duty vehicle charging readiness.
(D)Light-duty electric vehicle charging readiness and installed charging stations.
(2)Has skylights in at least one percent of the roof area, or equivalent LED efficient lighting.
(3)Has a microgrid-ready switchgear system capable of supporting distributed energy resources.
(4)Is advanced smart metering ready.
(5)Has a minimum of 50 percent of all passenger vehicle parking spaces preinstalled with conduit and all necessary physical infrastructure to support future charging of electric vehicles.
(6)Has a minimum of 10 percent of all passenger vehicle parking spaces installed with electric vehicle charging stations.
(7)(A)Provides conduits and electrical hookups at all loading bays serving cold storage.
(B)Idling or use of auxiliary truck engine power to power climate control equipment shall be prohibited if the truck is capable of plugging in at the loading bay and sufficient power is available.
(8)Ensures that any heating, ventilation, and air-conditioning is high-efficiency.
(9)(A)Ensures that all classes of forklifts used on site, pursuant to State Air Resources Boards Zero-Emission Forklifts regulation, as drafted, shall be zero-emission by January 1, 2028, to the extent operationally feasible, commercially off-the-shelf available, and adequate power available on site.
(B)(i)If not operationally feasible, commercially off-the-shelf available, or if there is inadequate power available on site, the cleanest technology commercially available shall be used.
(ii)Cost shall not be a factor in determining operational feasibility pursuant to this subparagraph.
(10)(A)Ensures that equipment used on site utilizing small off-road engines shall be zero-emission, to the extent operationally feasible, commercially off-the-shelf available, and adequate power available on site.
(B)(i)If not operationally feasible, commercially off-the-shelf available, or if there is inadequate power available on site, the cleanest technology commercially available shall be used.
(ii)Cost shall not be a factor in determining operational feasibility pursuant to this subparagraph.
(C)Should any equipment used on site utilizing small off-road engines be contracted out, the logistics use development shall preferentially contract for services utilizing zero-emission small off-road engines.
(h)Warehouse concentration region includes the unincorporated areas within the Counties of Riverside and San Bernardino and the Cities of Chino, Colton, Fontana, Jurupa Valley, Moreno Valley, Ontario, Perris, Rancho Cucamonga, Redlands, Rialto, Riverside, and San Bernardino.
(i)Logistics park means a development consisting of multiple buildings containing logistics use developments.
SEC. 2.Section 65098.1 of the Government Code is amended to read:65098.1.(a)Commencing January 1, 2026, any proposed new or expanded logistics use development 250,000 square feet or more where the loading bay is within 900 feet of a sensitive receptor that is utilizing a site zoned for industrial use or any site where an application was submitted to the jurisdiction by September 30, 2024, to rezone as industrial and the rezone to industrial was ultimately approved shall comply with all of the following:
(1)Include all Tier 1 21st century warehouse design elements described in subdivision (g) of Section 65098.
(2)Orient truck loading bays on the opposite side of the logistics use development that is away from the nearest sensitive receptors, receptor, to the extent feasible.
(3)Locate truck loading bays a minimum of 300 feet from the property line of the nearest sensitive receptor to the nearest truck loading bay opening using a direct straight-line method.
(4)Have a separate entrance to the logistics use development or logistics park for heavy-duty trucks accessible via a truck route, arterial road, major thoroughfare, or a local road that predominantly serves commercial, agricultural, or industrial uses. A separate entrance for heavy-duty trucks may include a driveway with a lane dedicated to heavy-duty trucks and a lane dedicated for other vehicles.
(5)Locate truck entry, exit, and internal circulation away from sensitive receptors. Heavy-duty diesel truck drive aisles shall be prohibited from being used on sides of the logistics use development that are directly adjacent to a sensitive receptor property line.
(6)Comply with buffering and screening to mitigate for light and noise, as described in Section 65098.2.
(b)Commencing January 1, 2026, except as provided for in subdivision (c), any proposed new or expanded logistics use development that is on land that is not zoned industrial, whether developed or undeveloped, or land that needs to be rezoned, where the loading bay is within 900 feet of a sensitive receptor, shall comply with all of the following:
(1)If the logistics use development is 250,000 square feet or more it shall include all Tier 1 21st century warehouse design elements described in subdivision (g) of Section 65098. If the logistics use development is less than 250,000 square feet it shall include all 21st century warehouse design elements described in subdivision (a) of Section 65098.
(2)Orient truck loading bays on the opposite side of the logistics use development that is away from the nearest sensitive receptors, receptor, to the extent feasible.
(3)Locate truck loading bays a minimum of 500 feet from the property line of the nearest sensitive receptor to the nearest truck loading bay opening using a direct straight-line method.
(4)Have a separate entrance to the logistics use development or logistics park for heavy-duty trucks accessible via a truck route, arterial road, major thoroughfare, or a local road that predominantly serves commercial, agricultural, or industrial uses. A separate entrance for heavy-duty trucks may include a driveway with a lane dedicated to heavy-duty trucks and a lane dedicated to automobiles.
(5)Locate truck entry, exit, and internal circulation away from sensitive receptors. Heavy-duty diesel truck drive aisles shall be prohibited from being used on sides of the logistics use development that are directly adjacent to a sensitive receptor property line.
(6)Comply with buffering and screening to mitigate for light and noise, as described in Section 65098.2.
(c)Commencing January 1, 2026, any proposed new or expanded logistics use development that is on land that is not zoned industrial, whether developed or undeveloped, or land that needs to be rezoned, and is located in the warehouse concentration region, shall comply with all of the following:
(1)If the logistics use development is 250,000 square feet or more it shall include all Tier 1 21st century warehouse design elements described in subdivision (g) of Section 65098. If the logistics use development is less than 250,000 square feet it shall include all 21st century warehouse design elements described in subdivision (a) of Section 65098.
(2)Orient truck loading bays on the opposite side of the logistics use development that is away from the nearest sensitive receptors, receptor, to the extent feasible.
(3)Locate truck loading bays a minimum of 500 feet from the property line of the nearest sensitive receptor to the nearest truck loading bay opening using a direct straight-line method.
(4)Have a separate entrance to the logistics use development or logistics park for heavy-duty trucks accessible via a truck route, arterial road, major thoroughfare, or a local road that predominantly serves commercial, agricultural, or industrial uses. A separate entrance for heavy-duty trucks may include a driveway with a lane dedicated to heavy-duty trucks and a lane dedicated to automobiles.
(5)Locate truck entry, exit, and internal circulation away from sensitive receptors. Heavy-duty diesel truck drive aisles shall be prohibited from being used on sides of the logistics use development that are directly adjacent to a sensitive receptor property line.
(6)Comply with buffering and screening to mitigate for light and noise, as described in Section 65098.2.
(d)Commencing January 1, 2026, any proposed new or expanded logistics use development less than 250,000 square feet where the loading bay is within 900 feet of a sensitive receptor that is utilizing a site zoned for industrial use or any site where an application was submitted to the jurisdiction by September 30, 2024, to rezone as industrial and the rezone to industrial was ultimately approved shall comply with all of the following:
(1)Orient truck loading bays on the opposite side of the logistics use development that is away from the nearest sensitive receptors, receptor, to the extent feasible.
(2)Locate truck entry, exit, and internal circulation away from sensitive receptors. Heavy-duty diesel truck drive aisles shall be prohibited from being used on sides of the logistics use development that are directly adjacent to a sensitive receptor property line.
(3)Comply with buffering and screening to mitigate for light and noise, as described in Section 65098.2.
(4)Complies with or exceeds all requirements of the most current building energy efficiency standards specified in Part 6 (commencing with Section 100) of Title 24 of the California Code of Regulations and the California Green Building Standards Code (Part 11 of Title 24 of the California Code of Regulations) that are in effect at the time that the building permit is issued, including, but not limited to, the following requirements related to:
(A)Photovoltaic system installation and associated battery storage.
(B)Cool roofing.
(C)Medium- and heavy-duty vehicle charging readiness.
(D)Light-duty electric vehicle charging readiness and installed charging stations.
(5)(A)Provides conduits at loading bays equal to one truck per every loading bay serving cold storage.
(B)Idling or use of auxiliary truck engine power to power climate control equipment shall be prohibited if the truck is capable of plugging in at the loading bay and sufficient power is available.
(6)Ensures that any heating, ventilation, and air-conditioning is high-efficiency.
(7)Have a separate entrance for heavy-duty trucks accessible via a truck route, arterial road, major thoroughfare, or a local road that predominantly serves commercial oriented uses.
(e)(1)Except as provided in paragraph (2), a city, county, or city and county shall update its circulation element to include truck routes, as specified in Section 65302.02.(2)On or before January 1, 2026, all cities and counties in the warehouse concentration region shall update its circulation element to include truck routes, as specified in Section 65302.02.(e)For purposes of this section, rezone does not include land that meets both of the following requirements:
(1)The land is annexed by a jurisdiction through a boundary change.
(2)The zoning in the new jurisdiction is consistent with the zoning assigned by the original jurisdiction.
SEC. 3.Section 65098.1.5 of the Government Code is amended to read:65098.1.5.(a)(1)Notwithstanding any other provision of law, except as otherwise provided in subdivisions (c) and (e), Section 65098.1.6, any existing logistics use development in existence as of September 30, 2024, shall not be subject to the requirements described in paragraph (3) of subdivision (a) of, paragraph (3) of subdivision (b) of, or paragraph (3) of subdivision (c) of Section 65098.1, as applicable, if a new sensitive receptor is constructed, established, or permitted after the effective date of this chapter.
(2)Notwithstanding any other provision of law, if, except as otherwise provided in subdivisions (c) and (e), Section 65098.1.6, if by September 30, 2024, a proposed expansion of a logistics use development is in a local entitlement process, then the proposed expansion shall not be subject to the requirements described in paragraph (3) of subdivision (a) of, paragraph (3) of subdivision (b) of, or paragraph (3) of subdivision (c) of Section 65098.1, as applicable, if a sensitive receptor is constructed, established, or permitted after the effective date of this chapter.
(3)Notwithstanding any other provision of law, if, except as otherwise provided in subdivisions (c) and (e), Section 65098.1.6, if by September 30, 2024, a property is currently in a local entitlement process to become a logistics use development, then the proposed logistics use development shall not be subject to the requirements described in paragraph (3) of subdivision (a) of, paragraph (3) of subdivision (b) of, or paragraph (3) of subdivision (c) of Section 65098.1, as applicable, if a sensitive receptor is constructed, established, or permitted after the effective date of this chapter.
(b)(1)Any proposed new logistics use developments that require the rezoning of land and must undergo a municipal entitlement process shall not be subject to the requirements described in paragraph (3) of subdivision (a) of, paragraph (3) of subdivision (b) of, or paragraph (3) of subdivision (c) of Section 65098.1, as applicable, if the start of the entitlement process for the logistics use development began before any sensitive receptor started its own entitlement or permitting process, unless the proposed sensitive receptor was an existing allowable use according to local zoning regulations.
(2)During a logistics use developments entitlement process for a new or expanded logistics use development, if a new sensitive receptor is proposed or established within the distances required by paragraph (3) of subdivision (a) of, paragraph (3) of subdivision (b) of, or paragraph (3) of subdivision (c) of Section 65098.1, as applicable, then those distance requirements shall not apply to the logistics use development so long as the logistics use development was not already subject to those requirements prior to the new sensitive receptor being proposed or established.
(c)This chapter shall not apply to any logistics use developments that were subject to a commenced local entitlement process prior to September 30, 2024. (d)(c)The protection afforded by this section shall remain in effect from the time of the initial application submission through the completion of the entitlement process, including any necessary rezoning actions and through the development period. If no construction activity occurs within five years of entitlement approvals, the protections shall be waived.
(e)This chapter shall not apply to a logistics use development that received an approval by a local agency prior to the effective date of this chapter. For purposes of this subdivision, approval shall have the same meaning as set forth in subdivision (a) of Section 15352 of Chapter 3 of Division 6 of Title 14 of the California Code of Regulations.SEC. 4.Section 65098.1.6 is added to the Government Code, to read:65098.1.6.(a)Notwithstanding any other law, this chapter shall not apply to any logistics use development that was subject to a local entitlement process that began before September 30, 2024.
(b)Notwithstanding any other law, this chapter shall not apply to a logistics use development that received an approval by a local agency before the date upon which this chapter became effective.
(c)For purposes of this section, approval shall have the same meaning as is set forth in subdivision (a) of Section 15352 of Chapter 3 of Division 6 of Title 14 of the California Code of Regulations.
SEC. 4. SEC. 5.Section 65098.2 of the Government Code is amended to read:65098.2.(a)Any new logistics use development within 900 feet of a sensitive receptor shall have a buffer as follows:
(1)If the logistics use development is subject to the requirements of subdivision (a) or (d) of Section 65098.1, the buffer shall be 50 feet in width measured from the property line of all adjacent sensitive receptors that that, in accordance with subdivisions (b) and (c), fully screen the logistics use development from the sensitive receptor.
(2)If the logistics use development is subject to either subdivision (b) or subdivision (c) of Section 65098.1, the buffer shall be 100 feet in width measured from the property line of all adjacent sensitive receptors that that, in accordance with subdivisions (b) and (c), fully screen the logistics use development from the sensitive receptor.
(b)Buffer areas shall include a solid decorative wall, landscaped berm and wall, or landscaped berm 10 feet or more in height, drought tolerant natural ground landscaping with proper irrigation, and solid-screen buffering trees as described in subdivision (c) and may include other hardscape, access, and passenger vehicle parking improvements.
(c)Trees shall be used as part of a solid-screen buffering treatment and planted in two rows along the length of the property line adjacent to the sensitive receptor. Trees used for this purpose shall be evergreen, drought tolerant, to the extent feasible, composed of species with low biogenic emissions, of a minimum 36-inch box size at planting, and spaced at no greater distance than 40 feet on center. Palm trees shall not be utilized. The buffer area may include any landscaped areas within a public right-of-way or public or private pedestrian walkways.
(d)A city, county, or city and county shall not adopt or enforce any ordinance, standard, rule, or regulation that would have the effect of physically precluding a logistics use development from complying with any of the requirements set forth in this chapter.
SEC. 5.SEC. 6.Section 65098.2.5 of the Government Code is amended to read:65098.2.5.The entry gates into the loading truck court for a new or expanded logistics use development shall be positioned after a minimum of 50 feet of total available stacking depth inside the property line. The stacking depth shall be increased by 70 feet for every 20 loading bays beyond 50 loading bays, to the extent feasible.
SEC. 6.SEC. 7.Section 65098.2.7 of the Government Code is amended to read:65098.2.7.(a)The purpose of this section is to ensure that logistics use developments, beginning January 1, 2026, are sited in locations that minimize adverse impacts on residential communities and enhance transportation efficiency. This is achieved by restricting logistics use development to roadways that are suited to handle the associated traffic and that predominantly serve commercial, agricultural, or industrial uses.
(b)(1)Any new logistics use development shall be sited on roadways that meet the following classifications:
(A)Arterial roads.
(B)Collector roads.
(C)Major thoroughfares.
(D)Local roads that predominantly serve commercial commercial, agricultural, or industrial uses.
(2)For purposes of this chapter, local roads shall be considered to predominantly serve commercial, agricultural, or industrial uses if more than 50 percent of the properties fronting the road within 1,000 feet of the sites truck entrances and exits are designed designated for commercial, agricultural, or industrial use according to the local zoning ordinance.
(c)A waiver may be granted where siting on the designated roadways pursuant to subdivision (b) is impractical due to unique geographic, economic, or infrastructure-related reasons. The waiver shall be approved by the city, county, or city and county, provided that the applicant demonstrates all of the following:
(1)There is no feasible alternative site that exists within the designated roadways.
(2)A traffic analysis has been completed and submitted to the local approving authority.
(3)The site is an existing industrial zone. zone or an existing industrial or agricultural zone for an agricultural-related logistics use project.
(4)The proposed site will incorporate mitigations to minimize traffic and environmental impacts on residential areas to the greatest extent feasible.
SEC. 8.Section 65098.2.8 is added to the Government Code, to read:65098.2.8.(a)Except as specified in subdivision (b), a jurisdiction that is not in a warehouse concentration region shall adopt an ordinance, on or before January 1, 2028, that shall do all of the following:
(1)Identify and establish specific travel routes for the transport of goods, materials, or freight for storage, transfer, or redistribution to safely accommodate additional truck traffic and avoid residential areas and sensitive receptors, as defined in Section 65098.
(2)Maximize the use of interstate or divided highways as preferred routes for truck routes. The county or city shall also maximize use of arterial roads, major thoroughfares, and local roads that predominantly serve commercial, agricultural, or industrial uses when state or interstate highways are not utilized. Truck routes shall comply with all of the following.
(A)Major or minor collector streets and local roads that predominantly serve commercial, agricultural, or industrial uses shall be used for truck routes only when strictly necessary to reach existing industrial zones.
(B)Trucks shall be routed via transportation arteries that minimize exposure to sensitive receptors.
(C)On and after January 1, 2028, or January 1, 2030, for a jurisdiction that is subject to subdivision (b), all proposed development of a logistics use development, as defined in subdivision (d) of Section 65098, shall be accessible via arterial roads, major thoroughfares, or local roads that predominantly serve commercial, agricultural, or industrial uses.
(i)The purpose of this section is to ensure that logistics use development are sited in locations that minimize adverse impacts on residential communities and enhance transportation efficiency. This is achieved by restricting logistics use developments to roadways that are suited to handle the associated traffic and that predominantly serve commercial, agricultural, or industrial uses.
(ii)For purposes of this section, local roads shall be considered to predominantly serve commercial, agricultural, or industrial uses if more than 50 percent of the properties fronting the road within 1,000 feet are designed for commercial, agricultural, or industrial use according to the local zoning ordinance.
(D)Notwithstanding any other provision in this paragraph, an ordinance may, but is not required to, regulate traffic from a primary agricultural use facility, located in that jurisdiction. For purposes of this subparagraph, a primary agricultural use facility means a logistics use facility that is less than 20,000 square feet, located in an unincorporated area, in which one or more agricultural commodities or forest products is produced, processed, or packaged, and that may include storage of those commodities or products incidental to production, processing, or packaging.
(b)A jurisdiction that is a city with a population that is equal to, or less than, 50,000 persons or a county with a population that is equal to, or less than, 100,000 persons shall adopt the ordinance required pursuant to subdivision (a) on or before January 1, 2030.
(c)The city or county may consult with the Department of Transportation and the California Freight Advisory Committee for technical assistance.
(d)The city or county shall provide for posting of conspicuous signage to identify truck routes and additional signage for truck parking and appropriate idling facility locations.
(e)The city or county shall make truck routes publicly available in geographic information system (GIS) format and share GIS maps of the truck routes with warehouse operators, fleet operators, and truck drivers.
(f)The city or county shall provide opportunities for the involvement of citizens, California Native American Indian tribes, public agencies, public utility companies, and civic, educational, and other community groups through public hearings and any other means that the planning agency deems appropriate, consistent with Section 65351.
(g)The city or county shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the changes required pursuant to this section.
(h)The requirement to adopt an ordinance pursuant to this section shall not apply to a city, county, or city and county that as of January 1, 2025, did not have any logistics use development within its jurisdiction. If any proposed new logistics use development is approved within a jurisdiction after January 1, 2025, a city, county, or city and county shall comply with the requirements in this section within two years after the date of final approval of a logistics use development.
(i)(1)In an action brought by the Attorney General against a city, county, or city and county that has been found by a court to be in violation of this section shall be subject to any of the following:
(A)A civil penalty of up to fifty thousand dollars ($50,000) every six months, accrued from the date of the violation until the violation is cured.
(B)Costs of investigating and prosecuting this action, including expert fees, reasonable attorneys fees, and costs.
(C)Other relief deemed appropriate by the court, including equitable and injunctive relief.
(2)In determining the application of the remedies available under this section, the court shall consider whether there are any mitigating circumstances delaying the jurisdiction from coming into compliance with this section. The court may consider whether a city, county, or city and county is making a good faith effort to come into substantial compliance or is facing substantial undue hardships.
(j)Civil penalties collected pursuant to this section shall be paid to the office of the Attorney General. Upon appropriation by the Legislature, any civil penalties collected pursuant subdivision (i) shall be distributed by the Attorney General and returned to the local air quality management district in which the civil penalty was imposed for the districts efforts to improve air quality.
SEC. 7.SEC. 9.Section 65098.3 of the Government Code is amended to read:65098.3.(a)Anti-idling signs indicating a three-minute heavy-duty truck engine idling restriction shall be posted at logistics use developments along entrances to the site and at the truck loading bays.
(b)Signs shall be installed at all heavy-duty truck exit driveways directing truck drivers to the truck route as indicated in the truck routing plan, as described in Section 65098.4, and to the state highway system.
SEC. 8.SEC. 10.Section 65098.4 of the Government Code is amended to read:65098.4.(a)Prior to the issuance of a certificate of occupancy, a logistics use development operator shall establish and submit for approval to the planning director or equivalent position for the city, county, or city and county a truck routing plan to and from the state highway system based on the latest truck route map of the city, county, or city and county. The truck routing plan shall describe the operational characteristics of the logistic use and of the logistics use development operator, including, but not limited to, hours of operation, types of items to be stored within the building, and proposed truck routing to and from the logistics use development to designated truck routes that, to the greatest extent possible, avoid passing sensitive receptors. The truck routing plan shall include measures, such as signage and pavement markings, and queuing analysis, and enforcement, for preventing analysis for preventing truck queuing, circling, stopping, and parking on public streets. The logistics use development operator shall be responsible for enforcement of communication of the truck routing plan. plan internally and to external parties who may dispatch trucks to the facility.
(b)A revised truck routing plan shall be submitted to the planning director or equivalent position prior to a business license being issued by the city, county, or city and county for any new tenant of the property. The planning director or equivalent position shall have discretion to determine if changes to the truck routing plan are necessary, including, but not limited to, any additional measures to alleviate truck routing and parking issues that may arise during the life of the logistics use development.
(c)This section shall not be construed to expand or restrict any authority that the planning director may have pursuant to any local ordinance or regulation to regulate hours of operation.
SEC. 9.SEC. 11.Section 65098.5 of the Government Code is amended to read:65098.5.(a)A city, county, or city and county shall not approve development of a logistics use development that does not meet or exceed the standards outlined in this chapter.
(b)Notwithstanding any contrary provision of a local planning, zoning, design, or similar regulation or policy, a city, county, or city and county shall not disapprove a solid decorative wall, landscaped berm and wall, or landscaped berm 10 feet or more in height provided in accordance with subdivision (b) of Section 65098.2. (c)(b)This section shall not be construed to restrict the existing authority of a city, county, or city and county to deny a logistics use development altogether.
SEC. 10.SEC. 12.Section 65098.6 of the Government Code is amended to read:65098.6.A city, county, or city and county shall condition approval of a logistics use development on the following:
(a)Two-to-one replacement of any demolished housing unit that was occupied within the last 10 years, unless the housing unit was declared substandard by a building official, pursuant to Section 17920.3 of the Health and Safety Code, prior to purchase by the developer. For each housing unit demolished, regardless of market value of the unit, two units of affordable housing for persons and families of low or moderate income, as defined in Section 50093 of the Health and Safety Code, that are deed-restricted shall be built within the jurisdiction. Funds from any fee imposed for the replacement of demolished housing units shall be placed in a housing-specific set-aside account and shall be used for housing within three years of collection.
(b)If residential dwellings are affected through purchase, the developer shall be required to provide any displaced tenant with an amount equivalent to 12 months rent at the current rate.
(c)Nothing in this section shall be construed to limit or preclude the applicability of Article 2 (commencing with Section 66300.5) of Chapter 12 to logistics uses. A logistics use that is subject to Article 2 (commencing with Section 66300.5) of Chapter 12 shall first comply with that article. Any additional replacement housing obligations or payments to displaced tenants that are not required pursuant to that article shall comply with this section.
SEC. 11.SEC. 13.Section 65302.02 of the Government Code is amended to read:65302.02.(a)A county or city that is located in a warehouse concentration region, as defined in Section 65098, shall update its circulation element, as required by subdivision (b) of Section 65302, to do all of the following within the timelines described in subdivision (h): on or before January 1, 2026.
(a)(1)Identify and establish specific travel routes for the transport of goods, materials, or freight for storage, transfer, or redistribution to safely accommodate additional truck traffic and avoid residential areas and sensitive receptors, as defined by Section 65098.
(b)(2)Maximize the use of interstate or state divided highways as preferred routes for truck routes. The county or city shall also maximize use of arterial roads, major thoroughfares, and local roads that predominantly serve commercial, agricultural, or industrial uses when state or interstate highways are not utilized. Truck routes shall comply with the following:
(1)(A)Major or minor collector streets and local roads that predominantly serve commercial, agricultural, or industrial uses shall be used for truck routes only when strictly necessary to reach existing industrial zones.
(2)(B)Trucks shall be routed via transportation arteries that minimize exposure to sensitive receptors.
(3)(b)On and after January 1, 2028, all proposed development of a logistics use development, as defined in subdivision (d) of Section 65098, shall be accessible via arterial roads, major thoroughfares, or local roads that predominantly serve commercial, agricultural, or industrial uses.
(A)(c)The purpose of this section is to ensure that logistics use developments are sited in locations that minimize adverse impacts on residential communities and enhance transportation efficiency. This is achieved by restricting logistics use developments to roadways that are suited to handle the associated traffic and that predominantly serve commercial, agricultural, or industrial uses.
(B)(d)For purposes of this section, local roads shall be considered to predominantly serve commercial, agricultural, or industrial uses if more than 50 percent of the properties fronting the road within 1,000 feet of the truck entrances and exits are designated for commercial, agricultural, or industrial use according to the local zoning ordinance.
(c)(e)The county or city may consult with the Department of Transportation and the California Freight Advisory Committee for technical assistance.
(d)(f)The county or city shall provide for posting of conspicuous signage to identify truck routes and additional signage for truck parking and appropriate locations for idling and parking.
(e)(g)The county or city shall make truck routes publicly available in geographic information system (GIS) format and share GIS maps of the truck routes with warehouse operators, fleet operators, and truck drivers.
(f)(h)The city or county shall provide opportunities for the involvement of citizens, California Native American Indian tribes, public agencies, public utility companies, and civic, educational, and other community groups through public hearings and any other means the planning agency deems appropriate, consistent with Section 65351.
(g)(i)The city or county shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the changes required pursuant to this section.
(h)A city or county shall update its circulation element, as follows: (1)The warehouse concentration region, as defined in Section 65098, shall implement the provisions of this section by January 1, 2026.(2)A city with a population that is greater than 50,000 persons or a county with a population that is greater than 100,000 persons shall implement the provisions of this section by January 1, 2028.(3)A city with a population that is equal to, or less than, 50,000 persons or a county with a population that is equal to, or less than, 100,000 persons shall implement the provisions of this section by January 1, 2035.(4)For purposes of this section, the population of a county shall be determined based upon the population of the unincorporated areas. (i)(j)(1)In an An action may be brought by the Attorney General, General against a jurisdiction that is in violation of this section and that has been found by the Attorney General not to have made a good faith effort to meet the requirements of this section shall be subject to all of the following: section. A city, county, or city and county found by the courts to be in violation of this section shall be subject to any of the following:
(A)A civil penalty of up to fifty thousand dollars ($50,000) every six months, for each violation, accrued from the date of the violation until the violation is cured.
(B)All costs of investigating and prosecuting this action, including expert fees, reasonable attorneys fees, and costs.
(C)Other relief deemed appropriate by the court, including equitable and injunctive relief.
(2)In determining the application of the remedies available pursuant to this section, the court shall consider whether there are any mitigating circumstances delaying the jurisdiction from coming into compliance with this section. The court may consider whether a city, county, or city and county is making a good faith effort to come into substantial compliance or is facing substantial undue hardship.
(D)(k)Civil penalties collected pursuant to this section shall be paid to the office of the Attorney General. Upon appropriation by the Legislature, any civil penalties collected pursuant to subdivision (j), shall be distributed by the Attorney General and returned to the local air quality management district in which the civil penalty was imposed for the districts efforts to improve air quality.
(E) The liability, penalties, and remedies imposed by this section are in addition to any other liability, penalties, and remedies imposed by any other law.(2)Upon appropriation by the Legislature, any civil penalties collected shall be distributed by the Attorney General and returned to the local air quality management district in which the civil penalty was imposed and be used for the districts efforts to improve air quality.SEC. 12.SEC. 14.Section 40458.5 of the Health and Safety Code is amended to read:40458.5.(a)Subject to an appropriation for this express purpose, the South Coast Air Quality Management District shall, beginning on January 1, 2026, and until January 1, 2032, deploy mobile air monitoring systems within the Counties of Riverside and San Bernardino to collect air pollution measurements in communities that are near operational logistics use developments.
(b)The South Coast Air Quality Management District shall use the data collected pursuant to subdivision (a) to conduct an air modeling analysis to evaluate the impact of air pollution on sensitive receptors, as defined in Section 65098 of the Government Code, from logistics use development operations in the Counties of Riverside and San Bernardino, including relative pollution concentrations from logistics use developments at varying distances from sensitive receptors.
(c)The South Coast Air Quality Management District shall submit its findings to the Legislature on or before January 1, 2033. On or before January 1, 2028, the South Coast Air Quality Management District shall submit an interim report to evaluate the impact of air pollution on sensitive receptors, as defined in Section 65098 of the Government Code, from logistics use development operations in the Counties of Riverside and San Bernardino, including relative pollution concentrations from logistics use developments at varying distances from sensitive receptors. This report shall be used to assess the effectiveness of setbacks on public health.
(d)(1)The requirement for submitting a report imposed pursuant to subdivision (c) is inoperative on January 1, 2040, pursuant to Section 10231.5 of the Government Code.
(2)A report to be submitted pursuant to subdivision (c) shall be submitted in compliance with Section 9795 of the Government Code.
SEC. 13.SEC. 15.Section 40522.7 of the Health and Safety Code is amended to read:40522.7.The South Coast Air Quality Management District shall establish a process for receiving community input on how any penalties assessed and collected for violations of the Warehouse Indirect Source Rule are spent. The South Coast Air Quality Management District shall ensure a wide range of community groups are included in the process and that groups represent the geographic areas where there are high numbers of warehouse facilities.
SEC. 16.Section 2429.9 is added to the Vehicle Code, immediately following Section 2429.7, to read:2429.9.(a)On or before January 1, 2027, the Department of the California Highway Patrol shall make the following available to city and county law enforcement agencies subject to this section:
(1)At no charge, training on enforcement of laws related to commercial vehicles, as defined in Section 260 of the California Vehicle Code, including, but not limited to, truck route enforcement.
(2)Course completion certificates for city and county law enforcement personnel who have completed the training described in paragraph (1).
(b)All jurisdictions that are required to update a circulation element or to adopt an ordinance pursuant to Section 65098.1 of the Government Code shall have at least one enforcement officer that has received a completion certificate pursuant to paragraph (2) of subdivision (a) by the date upon which that ordinance is adopted.
(c)Nothing in this section shall be construed to require the department to provide training for which it has not received funding or to require a jurisdiction to have an enforcement officer that has received a course completion certificate if the department has not made the training described in subdivision (a) available to law enforcement personnel at no charge.
SEC. 14.SEC. 17.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
As used in this chapter:
(a)21st century warehouse means a logistics use development that meets all of the following:
(1)Complies with or exceeds all requirements of the most current building energy efficiency standards specified in Part 6 (commencing with Section 100) of Title 24 of the California Code of Regulations and the California Green Building Standards Code (Part 11 of Title 24 of the California Code of Regulations) that are in effect at the time that the building permit is issued, including, but not limited to, the following requirements related to:
(A)Photovoltaic system installation and associated battery storage.
(B)Cool roofing.
(C)Medium- and heavy-duty vehicle charging readiness.
(D)Light-duty electric vehicle charging readiness and installed charging stations.
(2)Has skylights in at least 1 percent of the roof area, or equivalent LED efficient lighting.
(3)(A)Provides conduits and electrical hookups at all loading bays serving cold storage.
(B)Idling or use of auxiliary truck engine power to power climate control equipment shall be prohibited if the truck is capable of plugging in at the loading bay and sufficient power is available.
(4)Ensures that any heating, ventilation, and air-conditioning is high-efficiency.
(5)(A)Ensures that all classes of forklifts used on site, pursuant to State Air Resources Boards Zero-Emission Forklifts regulation, as drafted, shall be zero-emission by January 1, 2030, to the extent operationally feasible, commercially off-the-shelf available, and adequate power available on site.
(B)(i)If not operationally feasible, commercially off-the-shelf available, or if there is inadequate power available on site, the cleanest technology commercially available shall be used.
(ii)Cost shall not be a factor in determining operational feasibility pursuant to this subparagraph.
(6)(A)Ensures that equipment used on site utilizing small off-road engines shall be zero-emission, to the extent operationally feasible, commercially off-the-shelf available, and adequate power available on site.
(B)(i)If not operationally feasible, commercially off-the-shelf available, or if there is inadequate power available on site, the cleanest technology commercially available shall be used.
(ii)Cost shall not be a factor in determining operational feasibility pursuant to this subparagraph.
(C)Should any equipment used on site utilizing small off-road engines be contracted out, the logistics use development shall preferentially contract for services utilizing zero-emission small off-road engines.
(b)Expansion means the expansion of an existing logistics use development by 20 percent or more of the existing square footage. Office space shall not be included as part of the existing square footage or in the square footage for the 20-percent expansion threshold.
(c)Heavy-duty truck means a class 7 or class 8 truck. As used in this subdivision:
(1)Class 7 truck means a truck with a gross vehicle weight rating of 26,001 to 33,000 pounds.
(2)Class 8 truck means a truck with a gross vehicle weight rating of greater than 33,000 pounds.
(d)Logistics use development means a building that is primarily used as a warehouse for the movement or the storage of cargo, goods, or products that are moved to business or retail customers, or both, that does not predominantly serve retail customers for onsite purchases, and heavy-duty trucks are primarily involved in the movement of the cargo, goods, or products. Logistics use development does not include any of the following:
(1)Facilities where food or household goods are sold directly to consumers and are accessible to the public.
(2)A building primarily served by rail to move cargo goods or product.
(3)(A)A Strategic Intermodal Facility.
(B)For purposes of this subdivision, Strategic Intermodal Facility means a project that satisfies all of the following requirements:
(i)Logistics facilities, including warehousing and transloading facilities, served by rail.
(ii)Intermodal freight transport services.
(iii)All facility structures and related rail operations are located within a single site footprint.
(4)A building that serves a primary agricultural use that is actively operated for a single period of 90 consecutive days or less each year.
(e)Sensitive receptor means one or more of the following:
(1)A residence, including, but not limited to, a private home, apartment, condominium unit, group home, dormitory unit, or retirement home.
(2)A school, including, but not limited to, a preschool, prekindergarten, or school maintaining kindergarten or any of grades 1 to 12, inclusive.
(3)A daycare facility, including, but not limited to, in-home daycare.
(4)Publicly owned parks, playgrounds, and recreational areas or facilities primarily used by children, unless the development of the park and recreation areas are included as a condition of approval for the logistics use development or land that will be used to ensure the publics right of access to the sea pursuant to the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code).
(5)Nursing homes, long-term care facilities, hospices, convalescent facilities, or similar live-in housing.
(6)Hospitals, as defined in Section 128700 of the Health and Safety Code.
(f)Small off-road engines means spark-ignition engines rated at or below 19 kilowatts or 25 horsepower or less.
(g)Tier 1 21st century warehouse means a logistics use development that meets all of the following:
(1)Complies with or exceeds all requirements of the most current building energy efficiency standards specified in Part 6 (commencing with Section 100) of Title 24 of the California Code of Regulations and the California Green Building Standards Code (Part 11 of Title 24 of the California Code of Regulations) that are in effect at the time that the building permit is issued, including, but not limited to, the following requirements related to:
(A)(i)Photovoltaic system installation and associated battery storage.
(ii)For purposes of the photovoltaic system installation requirement in clause (i), all logistic use square footage should be considered conditioned space.
(B)Cool roofing.
(C)Medium- and heavy-duty vehicle charging readiness.
(D)Light-duty electric vehicle charging readiness and installed charging stations.
(2)Has skylights in at least one percent of the roof area, or equivalent LED efficient lighting.
(3)Has a microgrid-ready switchgear system capable of supporting distributed energy resources.
(4)Is advanced smart metering ready.
(5)Has a minimum of 50 percent of all passenger vehicle parking spaces preinstalled with conduit and all necessary physical infrastructure to support future charging of electric vehicles.
(6)Has a minimum of 10 percent of all passenger vehicle parking spaces installed with electric vehicle charging stations.
(7)(A)Provides conduits and electrical hookups at all loading bays serving cold storage.
(B)Idling or use of auxiliary truck engine power to power climate control equipment shall be prohibited if the truck is capable of plugging in at the loading bay and sufficient power is available.
(8)Ensures that any heating, ventilation, and air-conditioning is high-efficiency.
(9)(A)Ensures that all classes of forklifts used on site, pursuant to State Air Resources Boards Zero-Emission Forklifts regulation, as drafted, shall be zero-emission by January 1, 2028, to the extent operationally feasible, commercially off-the-shelf available, and adequate power available on site.
(B)(i)If not operationally feasible, commercially off-the-shelf available, or if there is inadequate power available on site, the cleanest technology commercially available shall be used.
(ii)Cost shall not be a factor in determining operational feasibility pursuant to this subparagraph.
(10)(A)Ensures that equipment used on site utilizing small off-road engines shall be zero-emission, to the extent operationally feasible, commercially off-the-shelf available, and adequate power available on site.
(B)(i)If not operationally feasible, commercially off-the-shelf available, or if there is inadequate power available on site, the cleanest technology commercially available shall be used.
(ii)Cost shall not be a factor in determining operational feasibility pursuant to this subparagraph.
(C)Should any equipment used on site utilizing small off-road engines be contracted out, the logistics use development shall preferentially contract for services utilizing zero-emission small off-road engines.
(h)Warehouse concentration region includes the unincorporated areas within the Counties of Riverside and San Bernardino and the Cities of Chino, Colton, Fontana, Jurupa Valley, Moreno Valley, Ontario, Perris, Rancho Cucamonga, Redlands, Rialto, Riverside, and San Bernardino.
(i)Logistics park means a development consisting of multiple buildings containing logistics use developments.
SEC. 2.Section 65098.1 of the Government Code is amended to read:65098.1.(a)Commencing January 1, 2026, any proposed new or expanded logistics use development 250,000 square feet or more where the loading bay is within 900 feet of a sensitive receptor that is utilizing a site zoned for industrial use or any site where an application was submitted to the jurisdiction by September 30, 2024, to rezone as industrial and the rezone to industrial was ultimately approved shall comply with all of the following:
(1)Include all Tier 1 21st century warehouse design elements described in subdivision (g) of Section 65098.
(2)Orient truck loading bays on the opposite side of the logistics use development away from sensitive receptors, to the extent feasible.
(3)Locate truck loading bays a minimum of 300 feet from the property line of the nearest sensitive receptor to the nearest truck loading bay opening using a direct straight-line method.
(4)Have a separate entrance to the logistics use development or logistics park for heavy-duty trucks accessible via a truck route, arterial road, major thoroughfare, or a local road that predominantly serves commercial, agricultural, or industrial uses. A separate entrance for heavy-duty trucks may include a driveway with a lane dedicated to heavy-duty trucks and a lane dedicated for other vehicles.
(5)Locate truck entry, exit, and internal circulation away from sensitive receptors. Heavy-duty diesel truck drive aisles shall be prohibited from being used on sides of the logistics use development that are directly adjacent to a sensitive receptor property line.
(6)Comply with buffering and screening to mitigate for light and noise, as described in Section 65098.2.
(b)Commencing January 1, 2026, except as provided for in subdivision (c), any proposed new or expanded logistics use development that is on land that is not zoned industrial, whether developed or undeveloped, or land that needs to be rezoned, where the loading bay is within 900 feet of a sensitive receptor, shall comply with all of the following:
(1)If the logistics use development is 250,000 square feet or more it shall include all Tier 1 21st century warehouse design elements described in subdivision (g) of Section 65098. If the logistics use development is less than 250,000 square feet it shall include all 21st century warehouse design elements described in subdivision (a) of Section 65098.
(2)Orient truck loading bays on the opposite side of the logistics use development away from sensitive receptors, to the extent feasible.
(3)Locate truck loading bays a minimum of 500 feet from the property line of the nearest sensitive receptor to the nearest truck loading bay opening using a direct straight-line method.
(4)Have a separate entrance to the logistics use development or logistics park for heavy-duty trucks accessible via a truck route, arterial road, major thoroughfare, or a local road that predominantly serves commercial, agricultural, or industrial uses. A separate entrance for heavy-duty trucks may include a driveway with a lane dedicated to heavy-duty trucks and a lane dedicated to automobiles.
(5)Locate truck entry, exit, and internal circulation away from sensitive receptors. Heavy-duty diesel truck drive aisles shall be prohibited from being used on sides of the logistics use development that are directly adjacent to a sensitive receptor property line.
(6)Comply with buffering and screening to mitigate for light and noise, as described in Section 65098.2.
(c)Commencing January 1, 2026, any proposed new or expanded logistics use development that is on land that is not zoned industrial, whether developed or undeveloped, or land that needs to be rezoned, and is located in the warehouse concentration region, shall comply with all of the following:
(1)If the logistics use development is 250,000 square feet or more it shall include all Tier 1 21st century warehouse design elements described in subdivision (g) of Section 65098. If the logistics use development is less than 250,000 square feet it shall include all 21st century warehouse design elements described in subdivision (a) of Section 65098.
(2)Orient truck loading bays on the opposite side of the logistics use development away from sensitive receptors, to the extent feasible.
(3)Locate truck loading bays a minimum of 500 feet from the property line of the nearest sensitive receptor to the nearest truck loading bay opening using a direct straight-line method.
(4)Have a separate entrance to the logistics use development or logistics park for heavy-duty trucks accessible via a truck route, arterial road, major thoroughfare, or a local road that predominantly serves commercial, agricultural, or industrial uses. A separate entrance for heavy-duty trucks may include a driveway with a lane dedicated to heavy-duty trucks and a lane dedicated to automobiles.
(5)Locate truck entry, exit, and internal circulation away from sensitive receptors. Heavy-duty diesel truck drive aisles shall be prohibited from being used on sides of the logistics use development that are directly adjacent to a sensitive receptor property line.
(6)Comply with buffering and screening to mitigate for light and noise, as described in Section 65098.2.
(d)Commencing January 1, 2026, any proposed new or expanded logistics use development less than 250,000 square feet where the loading bay is within 900 feet of a sensitive receptor that is utilizing a site zoned for industrial use or any site where an application was submitted to the jurisdiction by September 30, 2024, to rezone as industrial and the rezone to industrial was ultimately approved shall comply with all of the following:
(1)Orient truck loading bays on the opposite side of the logistics use development away from sensitive receptors, to the extent feasible.
(2)Locate truck entry, exit, and internal circulation away from sensitive receptors. Heavy-duty diesel truck drive aisles shall be prohibited from being used on sides of the logistics use development that are directly adjacent to a sensitive receptor property line.
(3)Comply with buffering and screening to mitigate for light and noise, as described in Section 65098.2.
(4)Complies with or exceeds all requirements of the most current building energy efficiency standards specified in Part 6 (commencing with Section 100) of Title 24 of the California Code of Regulations and the California Green Building Standards Code (Part 11 of Title 24 of the California Code of Regulations) that are in effect at the time that the building permit is issued, including, but not limited to, the following requirements related to:
(A)Photovoltaic system installation and associated battery storage.
(B)Cool roofing.
(C)Medium- and heavy-duty vehicle charging readiness.
(D)Light-duty electric vehicle charging readiness and installed charging stations.
(5)(A)Provides conduits at loading bays equal to one truck per every loading bay serving cold storage.
(B)Idling or use of auxiliary truck engine power to power climate control equipment shall be prohibited if the truck is capable of plugging in at the loading bay and sufficient power is available.
(6)Ensures that any heating, ventilation, and air-conditioning is high-efficiency.
(7)Have a separate entrance for heavy-duty trucks accessible via a truck route, arterial road, major thoroughfare, or a local road that predominantly serves commercial oriented uses.
(e)(1)Except as provided in paragraph (2), a city, county, or city and county shall update its circulation element to include truck routes, as specified in Section 65302.02.
(2)On or before January 1, 2026, all cities and counties in the warehouse concentration region shall update its circulation element to include truck routes, as specified in Section 65302.02.
SEC. 3.Section 65098.1.5 of the Government Code is amended to read:65098.1.5.(a)(1)Notwithstanding any other provision of law, except as otherwise provided in subdivisions (c) and (e), any existing logistics use development in existence as of September 30, 2024, shall not be subject to the requirements described in paragraph (3) of subdivision (a) of, paragraph (3) of subdivision (b) of, or paragraph (3) of subdivision (c) of Section 65098.1, as applicable, if a new sensitive receptor is constructed, established, or permitted after the effective date of this chapter.
(2)Notwithstanding any other provision of law, if, except as otherwise provided in subdivisions (c) and (e), by September 30, 2024, a proposed expansion of a logistics use development is in a local entitlement process, then the proposed expansion shall not be subject to the requirements described in paragraph (3) of subdivision (a) of, paragraph (3) of subdivision (b) of, or paragraph (3) of subdivision (c) of Section 65098.1, as applicable, if a sensitive receptor is constructed, established, or permitted after the effective date of this chapter.
(3)Notwithstanding any other provision of law, if, except as otherwise provided in subdivisions (c) and (e), by September 30, 2024, a property is currently in a local entitlement process to become a logistics use development, then the proposed logistics use development shall not be subject to the requirements described in paragraph (3) of subdivision (a) of, paragraph (3) of subdivision (b) of, or paragraph (3) of subdivision (c) of Section 65098.1, as applicable, if a sensitive receptor is constructed, established, or permitted after the effective date of this chapter.
(b)(1)Any proposed new logistics use developments that require the rezoning of land and must undergo a municipal entitlement process shall not be subject to the requirements described in paragraph (3) of subdivision (a) of, paragraph (3) of subdivision (b) of, or paragraph (3) of subdivision (c) of Section 65098.1, as applicable, if the start of the entitlement process for the logistics use development began before any sensitive receptor started its own entitlement or permitting process, unless the proposed sensitive receptor was an existing allowable use according to local zoning regulations.
(2)During a logistics use developments entitlement process for a new or expanded logistics use development, if a new sensitive receptor is proposed or established within the distances required by paragraph (3) of subdivision (a) of, paragraph (3) of subdivision (b) of, or paragraph (3) of subdivision (c) of Section 65098.1, as applicable, then those distance requirements shall not apply to the logistics use development so long as the logistics use development was not already subject to those requirements prior to the new sensitive receptor being proposed or established.
(c)This chapter shall not apply to any logistics use developments that were subject to a commenced local entitlement process prior to September 30, 2024.
(d)The protection afforded by this section shall remain in effect from the time of the initial application submission through the completion of the entitlement process, including any necessary rezoning actions and through the development period. If no construction activity occurs within five years of entitlement approvals, the protections shall be waived.
(e)This chapter shall not apply to a logistics use development that received an approval by a local agency prior to the effective date of this chapter. For purposes of this subdivision, approval shall have the same meaning as set forth in subdivision (a) of Section 15352 of Chapter 3 of Division 6 of Title 14 of the California Code of Regulations.
SEC. 4.Section 65098.2 of the Government Code is amended to read:65098.2.(a)Any new logistics use development within 900 feet of a sensitive receptor shall have a buffer as follows:
(1)If the logistics use development is subject to the requirements of subdivision (a) or (d) of Section 65098.1, the buffer shall be 50 feet in width measured from the property line of all adjacent sensitive receptors that fully screen the logistics use development from the sensitive receptor.
(2)If the logistics use development is subject to either subdivision (b) or subdivision (c) of Section 65098.1, the buffer shall be 100 feet in width measured from the property line of all adjacent sensitive receptors that fully screen the logistics use development from the sensitive receptor.
(b)Buffer areas shall include a solid decorative wall, landscaped berm and wall, or landscaped berm 10 feet or more in height, drought tolerant natural ground landscaping with proper irrigation, and solid-screen buffering trees as described in subdivision (c). (c) and may include other hardscape, access, and passenger parking improvements.
(c)Trees shall be used as part of a solid-screen buffering treatment and planted in two rows along the length of the property line adjacent to the sensitive receptor. Trees used for this purpose shall be evergreen, drought tolerant, to the extent feasible, composed of species with low biogenic emissions, of a minimum 36-inch box size at planting, and spaced at no greater distance than 40 feet on center. Palm trees shall not be utilized. The buffer area may include any landscaped areas within a public right-of-way or public or private pedestrian walkways.
SEC. 5.Section 65098.2.5 of the Government Code is amended to read:65098.2.5.The entry gates into the loading truck court for a new or expanded logistics use development shall be positioned after a minimum of 50 feet of total available stacking depth inside the property line. The stacking depth shall be increased by 70 feet for every 20 loading bays beyond 50 loading bays, to the extent feasible.
SEC. 6.Section 65098.2.7 of the Government Code is amended to read:65098.2.7.(a)The purpose of this section is to ensure that logistics use developments, beginning January 1, 2026, are sited in locations that minimize adverse impacts on residential communities and enhance transportation efficiency. This is achieved by restricting logistics use development to roadways that are suited to handle the associated traffic and that predominantly serve commercial, agricultural, or industrial uses.
(b)(1)Any new logistics use development shall be sited on roadways that meet the following classifications:
(A)Arterial roads.
(B)Collector roads.
(C)Major thoroughfares.
(D)Local roads that predominantly serve commercial uses.
(2)For purposes of this chapter, local roads shall be considered to predominantly serve commercial, agricultural, or industrial uses if more than 50 percent of the properties fronting the road within 1,000 feet of the sites truck entrances and exits are designed for commercial, agricultural, or industrial use according to the local zoning ordinance.
(c)A waiver may be granted where siting on the designated roadways pursuant to subdivision (b) is impractical due to unique geographic, economic, or infrastructure-related reasons. The waiver shall be approved by the city, county, or city and county, provided that the applicant demonstrates all of the following:
(1)There is no feasible alternative site that exists within the designated roadways.
(2)A traffic analysis has been completed and submitted to the local approving authority.
(3)The site is an existing industrial zone.
(4)The proposed site will incorporate mitigations to minimize traffic and environmental impacts on residential areas to the greatest extent feasible.
SEC. 7.Section 65098.3 of the Government Code is amended to read:65098.3.(a)Anti-idling signs indicating a three-minute heavy-duty truck engine idling restriction shall be posted at logistics use developments along entrances to the site and at the truck loading bays.
(b)Signs shall be installed at all heavy-duty truck exit driveways directing truck drivers to the truck route as indicated in the truck routing plan, as described in Section 65098.4, and to the state highway system.
SEC. 8.Section 65098.4 of the Government Code is amended to read:65098.4.(a)Prior to the issuance of a certificate of occupancy, a logistics use development operator shall establish and submit for approval to the planning director or equivalent position for the city, county, or city and county a truck routing plan to and from the state highway system based on the latest truck route map of the city, county, or city and county. The truck routing plan shall describe the operational characteristics of the logistic use and of the logistics use development operator, including, but not limited to, hours of operation, types of items to be stored within the building, and proposed truck routing to and from the logistics use development to designated truck routes that, to the greatest extent possible, avoid passing sensitive receptors. The truck routing plan shall include measures, such as signage and pavement markings, queuing analysis, and enforcement, for preventing truck queuing, circling, stopping, and parking on public streets. The logistics use development operator shall be responsible for enforcement of the truck routing plan.
(b)A revised truck routing plan shall be submitted to the planning director or equivalent position prior to a business license being issued by the city, county, or city and county for any new tenant of the property. The planning director or equivalent position shall have discretion to determine if changes to the truck routing plan are necessary, including, but not limited to, any additional measures to alleviate truck routing and parking issues that may arise during the life of the logistics use development.
SEC. 9.Section 65098.5 of the Government Code is amended to read:65098.5.(a)A city, county, or city and county shall not approve development of a logistics use development that does not meet or exceed the standards outlined in this chapter.
(b)Notwithstanding any contrary provision of a local planning, zoning, design, or similar regulation or policy, a city, county, or city and county shall not disapprove a solid decorative wall, landscaped berm and wall, or landscaped berm 10 feet or more in height provided in accordance with subdivision (b) of Section 65098.2.
(b)(c)This section shall not be construed to restrict the existing authority of a city, county, or city and county to deny a logistics use development altogether.
SEC. 10.Section 65098.6 of the Government Code is amended to read:65098.6.A city, county, or city and county shall condition approval of a logistics use development on the following:
(a)Two-to-one replacement of any demolished housing unit that was occupied within the last 10 years, unless the housing unit was declared substandard by a building official, pursuant to Section 17920.3 of the Health and Safety Code, prior to purchase by the developer. For each housing unit demolished, regardless of market value of the unit, two units of affordable housing for persons and families of low or moderate income, as defined in Section 50093 of the Health and Safety Code, that are deed-restricted shall be built within the jurisdiction. Funds from any fee imposed for the replacement of demolished housing units shall be placed in a housing-specific set-aside account and shall be used for housing within three years of collection.
(b)If residential dwellings are affected through purchase, the developer shall be required to provide any displaced tenant with an amount equivalent to 12 months rent at the current rate.
(c)Nothing in this section shall be construed to limit or preclude compliance with Section 66300.6. the applicability of Article 2 (commencing with Section 66300.5) of Chapter 12 to logistics uses. A logistics use that is subject to Article 2 (commencing with Section 66300.5) of Chapter 12 shall first comply with that article. Any additional replacement housing obligations or payments to displaced tenants that are not required pursuant to that article shall comply with this section.
SEC. 11.Section 65302.02 of the Government Code is amended to read:65302.02.A county or city shall update its circulation element, as required by subdivision (b) of Section 65302, to do all of the following within the timelines described in subdivision (h):
(a)Identify and establish specific travel routes for the transport of goods, materials, or freight for storage, transfer, or redistribution to safely accommodate additional truck traffic and avoid residential areas and sensitive receptors, as defined by Section 65098.
(b)Maximize the use of interstate or state divided highways as preferred routes for truck routes. The county or city shall also maximize use of arterial roads, major thoroughfares, and local roads that predominantly serve commercial, agricultural, or industrial uses when state or interstate highways are not utilized. Truck routes shall comply with the following:
(1)Major or minor collector streets and local roads that predominantly serve commercial, agricultural, or industrial uses shall be used for truck routes only when strictly necessary to reach existing industrial zones.
(2)Trucks shall be routed via transportation arteries that minimize exposure to sensitive receptors.
(3)On and after January 1, 2028, all proposed development of a logistics use development, as defined in subdivision (d) of Section 65098, shall be accessible via arterial roads, major thoroughfares, or local roads that predominantly serve commercial, agricultural, or industrial uses.
(A)The purpose of this section is to ensure that logistics use developments are sited in locations that minimize adverse impacts on residential communities and enhance transportation efficiency. This is achieved by restricting logistics use developments to roadways that are suited to handle the associated traffic and that predominantly serve commercial, agricultural, or industrial uses.
(B)For purposes of this section, local roads shall be considered to predominantly serve commercial, agricultural, or industrial uses if more than 50 percent of the properties fronting the road within 1,000 feet of the truck entrances and exits are designated for commercial, agricultural, or industrial use according to the local zoning ordinance.
(c)The county or city may consult with the Department of Transportation and the California Freight Advisory Committee for technical assistance.
(d)The county or city shall provide for posting of conspicuous signage to identify truck routes and additional signage for truck parking and appropriate locations for idling and parking.
(e)The county or city shall make truck routes publicly available in geographic information system (GIS) format and share GIS maps of the truck routes with warehouse operators, fleet operators, and truck drivers.
(f)The city or county shall provide opportunities for the involvement of citizens, California Native American Indian tribes, public agencies, public utility companies, and civic, educational, and other community groups through public hearings and any other means the planning agency deems appropriate, consistent with Section 65351.
(g)The city or county shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the changes required pursuant to this section.
(h)A city or county shall update its circulation element, as follows:
(1)The warehouse concentration region, as defined in Section 65098, shall implement the provisions of this section by January 1, 2026.
(2)A city with a population that is greater than 50,000 persons or a county with a population that is greater than 100,000 persons shall implement the provisions of this section by January 1, 2028.
(3)A city with a population that is equal to, or less than, 50,000 persons or a county with a population that is equal to, or less than, 100,000 persons shall implement the provisions of this section by January 1, 2035.
(4)For purposes of this section, the population of a county shall be determined based upon the population of the unincorporated areas.
(i)(1) In an action brought by the Attorney General, a jurisdiction that is in violation of this section and that has been found by the Attorney General not to have made a good faith effort to meet the requirements of this section shall be subject to all of the following:
(A)A civil penalty of up to fifty thousand dollars ($50,000) every six months, for each violation, accrued from the date of the violation until the violation is cured.
(B)All costs of investigating and prosecuting this action, including expert fees, reasonable attorneys fees, and costs.
(C)Other relief deemed appropriate by the court, including equitable and injunctive relief.
(D)Civil penalties collected pursuant to this section shall be paid to the office of the Attorney General.
(E) The liability, penalties, and remedies imposed by this section are in addition to any other liability, penalties, and remedies imposed by any other law.
(2)Upon appropriation by the Legislature, any civil penalties collected shall be distributed by the Attorney General and returned to the local air quality management district in which the civil penalty was imposed and be used for the districts efforts to improve air quality.
SEC. 12.Section 40458.5 of the Health and Safety Code is amended to read:40458.5.(a)Subject to an appropriation for this express purpose, the South Coast Air Quality Management District shall, beginning on January 1, 2026, and until January 1, 2032, deploy mobile air monitoring systems within the Counties of Riverside and San Bernardino to collect air pollution measurements in communities that are near operational logistics use developments.
(b)The South Coast Air Quality Management District shall use the data collected pursuant to subdivision (a) to conduct an air modeling analysis to evaluate the impact of air pollution on sensitive receptors, as defined in Section 65098 of the Government Code, from logistics use development operations in the Counties of Riverside and San Bernardino, including relative pollution concentrations from logistics use developments at varying distances from sensitive receptors.
(c)The South Coast Air Quality Management District shall submit its findings to the Legislature on or before January 1, 2033. On or before January 1, 2028, the South Coast Air Quality Management District shall submit an interim report to evaluate the impact of air pollution on sensitive receptors, as defined in Section 65098 of the Government Code, from logistics use development operations in the Counties of Riverside and San Bernardino, including relative pollution concentrations from logistics use developments at varying distances from sensitive receptors. This report shall be used to assess the effectiveness of setbacks on public health.
(d)(1)The requirement for submitting a report imposed pursuant to subdivision (c) is inoperative on January 1, 2040, pursuant to Section 10231.5 of the Government Code.
(2)A report to be submitted pursuant to subdivision (c) shall be submitted in compliance with Section 9795 of the Government Code.
SEC. 13.Section 40522.7 of the Health and Safety Code is amended to read:40522.7.The South Coast Air Quality Management District shall establish a process for receiving community input on how any penalties assessed and collected for violations of the Warehouse Indirect Source Rule are spent. The South Coast Air Quality Management District shall ensure a wide range of community groups are included in the process and that groups represent the geographic areas where there are high numbers of warehouse facilities.
SEC. 14.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
As used in this chapter:
(a)21st century warehouse means a logistics use development that meets all of the following:
(1)Complies with or exceeds all requirements of the most current building energy efficiency standards specified in Part 6 (commencing with Section 100) of Title 24 of the California Code of Regulations and the California Green Building Standards Code (Part 11 of Title 24 of the California Code of Regulations) that are in effect at the time that the building permit is issued, including, but not limited to, the following requirements related to:
(A)Photovoltaic system installation and associated battery storage.
(B)Cool roofing.
(C)Medium- and heavy-duty vehicle charging readiness.
(D)Light-duty electric vehicle charging readiness and installed charging stations.
(2)Has skylights in at least 1 percent of the roof area, or equivalent LED efficient lighting.
(3)(A)Provides conduits and electrical hookups at all loading bays serving cold storage.
(B)Idling or use of auxiliary truck engine power to power climate control equipment shall be prohibited if the truck is capable of plugging in at the loading bay and sufficient power is available.
(4)Ensures that any heating, ventilation, and air-conditioning is high-efficiency.
(5)(A)Ensures that all classes of forklifts used on site, pursuant to State Air Resources Boards Zero-Emission Forklifts regulation, as drafted, shall be zero-emission by January 1, 2030, to the extent operationally feasible, commercially off-the-shelf available, and adequate power available on site.
(B)(i)If not operationally feasible, commercially off-the-shelf available, or if there is inadequate power available on site, the cleanest technology commercially available shall be used.
(ii)Cost shall not be a factor in determining operational feasibility pursuant to this subparagraph.
(6)(A)Ensures that equipment used on site utilizing small off-road engines shall be zero-emission, to the extent operationally feasible, commercially off-the-shelf available, and adequate power available on site.
(B)(i)If not operationally feasible, commercially off-the-shelf available, or if there is inadequate power available on site, the cleanest technology commercially available shall be used.
(ii)Cost shall not be a factor in determining operational feasibility pursuant to this subparagraph.
(C)Should any equipment used on site utilizing small off-road engines be contracted out, the logistics use facility development shall preferentially contract for services utilizing zero-emission small off-road engines.
(b)Expansion means the expansion of an existing logistics use development by 20 percent or more of the existing square footage. Office space shall not be included as part of the existing square footage or in the square footage for the 20-percent expansion threshold.
(c)Heavy-duty truck means a class 7 or class 8 truck. As used in this subdivision:
(1)Class 7 truck means a truck with a gross vehicle weight rating of 26,001 to 33,000 pounds.
(2)Class 8 truck means a truck with a gross vehicle weight rating of greater than 33,000 pounds.
(d)Logistics use use development means a building that is primarily used as a warehouse for the movement or the storage of cargo, goods, or products that are moved to business or retail customers, or both, that does not predominantly serve retail customers for onsite purchases, and heavy-duty trucks are primarily involved in the movement of the cargo, goods, or products. Logistics use use development does not include any of the following:
(1)Facilities where food or household goods are sold directly to consumers and are accessible to the public.
(2)A building primarily served by rail to move cargo goods or product.
(3)(A)A Strategic Intermodal Facility.
(B)For purposes of this subdivision, Strategic Intermodal Facility means a project that satisfies all of the following requirements:
(i)Logistics facilities, including warehousing and transloading facilities, served by rail.
(ii)Intermodal freight transport services.
(iii)All facility structures and related rail operations are located within a single site footprint.
(4)A building that serves a primary agricultural use that is actively operated for a single period of 90 consecutive days or less each year.
(e)Sensitive receptor means one or more of the following:
(1)A residence, including, but not limited to, a private home, apartment, condominium unit, group home, dormitory unit, or retirement home.
(2)A school, including, but not limited to, a preschool, prekindergarten, or school maintaining kindergarten or any of grades 1 to 12, inclusive.
(3)A daycare facility, including, but not limited to, in-home daycare.
(4)Publicly owned parks, playgrounds, and recreational areas or facilities primarily used by children, unless the development of the park and recreation areas are included as a condition of approval for the development of a logistics use logistics use development or land that will be used to ensure the publics right of access to the sea pursuant to the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code).
(5)Nursing homes, long-term care facilities, hospices, convalescent facilities, or similar live-in housing.
(6)Hospitals, as defined in Section 128700 of the Health and Safety Code.
(f)Small off-road engines means spark-ignition engines rated at or below 19 kilowatts or 25 horsepower or less.
(g)Tier 1 21st century warehouse means a logistics use development that meets all of the following:
(1)Complies with or exceeds all requirements of the most current building energy efficiency standards specified in Part 6 (commencing with Section 100) of Title 24 of the California Code of Regulations and the California Green Building Standards Code (Part 11 of Title 24 of the California Code of Regulations) that are in effect at the time that the building permit is issued, including, but not limited to, the following requirements related to:
(A)(i)Photovoltaic system installation and associated battery storage.
(ii)For purposes of the photovoltaic system installation requirement in clause (i), all logistic use square footage should be considered conditioned space.
(B)Cool roofing.
(C)Medium- and heavy-duty vehicle charging readiness.
(D)Light-duty electric vehicle charging readiness and installed charging stations.
(2)Has skylights in at least one percent of the roof area, or equivalent LED efficient lighting.
(3)Has a microgrid-ready switchgear system capable of supporting distributed energy resources.
(4)Is advanced smart metering ready.
(5)Has a minimum of 50 percent of all passenger vehicle parking spaces preinstalled with conduit and all necessary physical infrastructure to support future charging of electric vehicles.
(6)Has a minimum of 10 percent of all passenger vehicle parking spaces installed with electric vehicle charging stations.
(7)(A)Provides conduits and electrical hookups at all loading bays serving cold storage.
(B)Idling or use of auxiliary truck engine power to power climate control equipment shall be prohibited if the truck is capable of plugging in at the loading bay and sufficient power is available.
(8)Ensures that any heating, ventilation, and air-conditioning is high-efficiency.
(9)(A)Ensures that all classes of forklifts used on site, pursuant to State Air Resources Boards Zero-Emission Forklifts regulation, as drafted, shall be zero-emission by January 1, 2028, to the extent operationally feasible, commercially off-the-shelf available, and adequate power available on site.
(B)(i)If not operationally feasible, commercially off-the-shelf available, or if there is inadequate power available on site, the cleanest technology commercially available shall be used.
(ii)Cost shall not be a factor in determining operational feasibility pursuant to this subparagraph.
(10)(A)Ensures that equipment used on site utilizing small off-road engines shall be zero-emission, to the extent operationally feasible, commercially off-the-shelf available, and adequate power available on site.
(B)(i)If not operationally feasible, commercially off-the-shelf available, or if there is inadequate power available on site, the cleanest technology commercially available shall be used.
(ii)Cost shall not be a factor in determining operational feasibility pursuant to this subparagraph.
(C)Should any equipment used on site utilizing small off-road engines be contracted out, the logistics use facility development shall preferentially contract for services utilizing zero-emission small off-road engines.
(h)Warehouse concentration region includes the unincorporated areas within the Counties of Riverside and San Bernardino and the Cities of Chino, Colton, Fontana, Jurupa Valley, Moreno Valley, Ontario, Perris, Rancho Cucamonga, Redlands, Rialto, Riverside, and San Bernardino.
SEC. 2.Section 65098.1 of the Government Code is amended to read:65098.1.(a)Commencing January 1, 2026, any proposed new or expanded logistics use development 250,000 square feet or more where the loading bay is within 900 feet of a sensitive receptor that is utilizing a site zoned for industrial use or any site where an application was submitted to the jurisdiction by September 30, 2024, to rezone as industrial and the rezone to industrial was ultimately approved shall comply with all of the following:
(1)Include all Tier 1 21st century warehouse design elements described in subdivision (g) of Section 65098.
(2)Orient truck loading bays on the opposite side of the logistics use development away from sensitive receptors, to the extent feasible.
(3)Locate truck loading bays a minimum of 300 feet from the property line of the nearest sensitive receptor to the nearest truck loading bay opening using a direct straight-line method.
(4)Have a separate entrance for heavy-duty trucks accessible via a truck route, arterial road, major thoroughfare, or a local road that predominantly serves commercial oriented commercial, agricultural, or industrial uses.
(5)Locate truck entry, exit, and internal circulation away from sensitive receptors. Heavy-duty diesel truck drive aisles shall be prohibited from being used on sides of the logistics use development that are directly adjacent to a sensitive receptor property line.
(6)Comply with buffering and screening to mitigate for light and noise, as described in Section 65098.2.
(b)Commencing January 1, 2026, except as provided for in subdivision (c), any proposed new or expanded logistics use development that is on land that is not zoned industrial, whether developed or undeveloped, or land that needs to be rezoned, where the loading bay is within 900 feet of a sensitive receptor, shall comply with all of the following:
(1)If the logistics use development is 250,000 square feet or more it shall include all Tier 1 21st century warehouse design elements described in subdivision (g) of Section 65098. If the logistics use development is less than 250,000 square feet it shall include all 21st century warehouse design elements described in subdivision (a) of Section 65098.
(2)Orient truck loading bays on the opposite side of the logistics use development away from sensitive receptors, to the extent feasible.
(3)Locate truck loading bays a minimum of 500 feet from the property line of the nearest sensitive receptor to the nearest truck loading bay opening using a direct straight-line method.
(4)Have a separate entrance for heavy-duty trucks accessible via a truck route, arterial road, major thoroughfare, or a local road that predominantly serves commercial oriented commercial, agricultural, or industrial uses.
(5)Locate truck entry, exit, and internal circulation away from sensitive receptors. Heavy-duty diesel truck drive aisles shall be prohibited from being used on sides of the building logistics use development that are directly adjacent to a sensitive receptor property line.
(6)Comply with buffering and screening to mitigate for light and noise, as described in Section 65098.2.
(c)Commencing January 1, 2026, any proposed new or expanded logistics use development that is on land that is not zoned industrial, whether developed or undeveloped, or land that needs to be rezoned, and is located in the warehouse concentration region, shall comply with all of the following:
(1)If the logistics use development is 250,000 square feet or more it shall include all Tier 1 21st century warehouse design elements described in subdivision (g) of Section 65098. If the logistics use development is less than 250,000 square feet it shall include all 21st century warehouse design elements described in subdivision (a) of Section 65098.
(2)Orient truck loading bays on the opposite side of the logistics use development away from sensitive receptors, to the extent feasible.
(3)Locate truck loading bays a minimum of 500 feet from the property line of the nearest sensitive receptor to the nearest truck loading bay opening using a direct straight-line method.
(4)Have a separate entrance for heavy-duty trucks accessible via a truck route, arterial road, major thoroughfare, or a local road that predominantly serves commercial oriented commercial, agricultural, or industrial uses.
(5)Locate truck entry, exit, and internal circulation away from sensitive receptors. Heavy-duty diesel truck drive aisles shall be prohibited from being used on sides of the building logistics use development that are directly adjacent to a sensitive receptor property line.
(6)Comply with buffering and screening to mitigate for light and noise, as described in Section 65098.2.
(d)Commencing January 1, 2026, any proposed new or expanded logistics use development less than 250,000 square feet where the loading bay is within 900 feet of a sensitive receptor that is utilizing a site zoned for industrial use or any site where an application was submitted to the jurisdiction by September 30, 2024, to rezone as industrial and the rezone to industrial was ultimately approved shall comply with all of the following:
(1)Orient truck loading bays on the opposite side of the logistics use development away from sensitive receptors, to the extent feasible.
(2)Locate truck entry, exit, and internal circulation away from sensitive receptors. Heavy-duty diesel truck drive aisles shall be prohibited from being used on sides of the building logistics use development that are directly adjacent to a sensitive receptor property line.
(3)Comply with buffering and screening to mitigate for light and noise, as described in Section 65098.2.
(4)Complies with or exceeds all requirements of the most current building energy efficiency standards specified in Part 6 (commencing with Section 100) of Title 24 of the California Code of Regulations and the California Green Building Standards Code (Part 11 of Title 24 of the California Code of Regulations) that are in effect at the time that the building permit is issued, including, but not limited to, the following requirements related to:
(A)Photovoltaic system installation and associated battery storage.
(B)Cool roofing.
(C)Medium- and heavy-duty vehicle charging readiness.
(D)Light-duty electric vehicle charging readiness and installed charging stations.
(5)(A)Provides conduits at loading bays equal to one truck per every loading bay serving cold storage.
(B)Idling or use of auxiliary truck engine power to power climate control equipment shall be prohibited if the truck is capable of plugging in at the loading bay and sufficient power is available.
(6)Ensures that any heating, ventilation, and air-conditioning is high-efficiency.
(7)Have a separate entrance for heavy-duty trucks accessible via a truck route, arterial road, major thoroughfare, or a local road that predominantly serves commercial oriented uses.
(e)(1)Except as provided in paragraph (2), a city, county, or city and county shall update its circulation element to include truck routes, as specified in Section 65302.02.
(2)On or before January 1, 2026, all cities and counties in the warehouse concentration region shall update its circulation element to include truck routes, as specified in Section 65302.02.
SEC. 3.Section 65098.1.5 of the Government Code is amended to read:65098.1.5.(a)(1)Notwithstanding any other provision of law, any existing logistics use development in existence as of September 30, 2024, shall not be subject to the requirements described in paragraph (3) of subdivision (a) of, paragraph (3) of subdivision (b) of, or paragraph (3) of subdivision (c) of Section 65098.1, as applicable, if a new sensitive receptor is constructed, established, or permitted after the effective date of this chapter.
(2)Notwithstanding any other provision of law, if, by September 30, 2024, a proposed expansion of a logistics use development is in a local entitlement process, then the proposed expansion shall not be subject to the requirements described in paragraph (3) of subdivision (a) of, paragraph (3) of subdivision (b) of, or paragraph (3) of subdivision (c) of Section 65098.1, as applicable, if a sensitive receptor is constructed, established, or permitted after the effective date of this chapter.
(3)Notwithstanding any other provision of law, if, by September 30, 2024, a property is currently in a local entitlement process to become a logistics use, use development, then the proposed logistics use development shall not be subject to the requirements described in paragraph (3) of subdivision (a) of, paragraph (3) of subdivision (b) of, or paragraph (3) of subdivision (c) of Section 65098.1, as applicable, if a sensitive receptor is constructed, established, or permitted after the effective date of this chapter.
(b)(1)Any proposed new logistics use developments that require the rezoning of land and must undergo a municipal entitlement process shall not be subject to the requirements described in paragraph (3) of subdivision (a) of, paragraph (3) of subdivision (b) of, or paragraph (3) of subdivision (c) of Section 65098.1, as applicable, if the start of the entitlement process for the logistics use development began before any sensitive receptor started its own entitlement or permitting process, unless the proposed sensitive receptor was an existing allowable use according to local zoning regulations.
(2)During a logistics use developments entitlement process for a new or expanded logistics use, use development, if a new sensitive receptor is proposed or established within the distances required by paragraph (3) of subdivision (a) of, paragraph (3) of subdivision (b) of, or paragraph (3) of subdivision (c) of Section 65098.1, as applicable, then those distance requirements shall not apply to the logistics use development so long as the logistics use development was not already subject to those requirements prior to the new sensitive receptor being proposed or established.
(c)This chapter shall not apply to any logistics use projects developments that were subject to a commenced local entitlement process prior to September 30, 2024.
(d)The protection afforded by this section shall remain in effect from the time of the initial application submission through the completion of the entitlement process, including any necessary rezoning actions and through the development period. If no construction activity occurs within five years of entitlement approvals, the protections shall be waived.
(e)This chapter shall not apply to a logistics use project development that received an approval by a local agency prior to the effective date of this chapter. For purposes of this subdivision, approval shall have the same meaning as set forth in subdivision (a) of Section 15352 of Chapter 3 of Division 6 of Title 14 of the California Code of Regulations.
SEC. 4.Section 65098.2 of the Government Code is amended to read:65098.2.(a)Any new logistics use facility development within 900 feet of a sensitive receptor shall have a buffer as follows:
(1)If the logistics use development is subject to the requirements of subdivision (a) or (d) of Section 65098.1, the buffer shall be 50 feet in width measured from the property line of all adjacent sensitive receptors that fully screen the project logistics use development from the sensitive receptor.
(2)If the logistics use development is subject to either subdivision (b) or subdivision (c) of Section 65098.1, the buffer shall be 100 feet in width measured from the property line of all adjacent sensitive receptors that fully screen the project logistics use development from the sensitive receptor.
(b)Buffer areas shall include a solid decorative wall, landscaped berm and wall, or landscaped berm 10 feet or more in height, drought tolerant natural ground landscaping with proper irrigation, and solid-screen buffering trees as described in subdivision (c).
(c)Trees shall be used as part of a solid-screen buffering treatment and planted in two rows along the length of the property line adjacent to the sensitive receptor. Trees used for this purpose shall be evergreen, drought tolerant, to the extent feasible, composed of species with low biogenic emissions, of a minimum 36-inch box size at planting, and spaced at no greater distance than 40 feet on center. Palm trees shall not be utilized.
SEC. 5.Section 65098.2.5 of the Government Code is amended to read:65098.2.5.The entry gates into the loading truck court for a new or expanded logistics use facility development shall be positioned after a minimum of 50 feet of total available stacking depth inside the property line. The stacking depth shall be increased by 70 feet for every 20 loading bays beyond 50 loading bays, to the extent feasible.
SEC. 4.SEC. 6.Section 65098.2.7 of the Government Code is amended to read:65098.2.7.(a)The purpose of this section is to ensure that logistics use developments, beginning January 1, 2026, are sited in locations that minimize adverse impacts on residential communities and enhance transportation efficiency. This is achieved by restricting logistics use development to roadways that are suited to handle the associated traffic and that predominantly serve commercial commercial, agricultural, or industrial uses.
(b)(1)Any new logistics use development shall be sited on roadways that meet the following classifications:
(A)Arterial roads.
(B)Collector roads.
(C)Major thoroughfares.
(D)Local roads that predominantly serve commercial uses.
(2)For purposes of this chapter, local roads shall be considered to predominantly serve commercial commercial, agricultural, or industrial uses if more than 50 percent of the properties fronting the road within 1,000 feet of the sites truck entrances and exits are designed for commercial or industrial commercial, agricultural, or industrial use according to the local zoning ordinance.
(c)A waiver may be granted where siting on the designated roadways pursuant to subdivision (b) is impractical due to unique geographic, economic, or infrastructure-related reasons. The waiver shall be approved by the city, county, or city and county, provided that the applicant demonstrates all of the following:
(1)There is no feasible alternative site that exists within the designated roadways.
(2)A traffic analysis has been completed and submitted to the local approving authority.
(3)The site is an existing industrial zone.
(4)The proposed site will incorporate mitigations to minimize traffic and environmental impacts on residential areas to the greatest extent feasible.
SEC. 5.SEC. 7.Section 65098.3 of the Government Code is amended to read:65098.3.(a)Anti-idling signs indicating a three-minute heavy-duty truck engine idling restriction shall be posted at logistics use developments along entrances to the site and at the truck loading bays.
(b)Signs shall be installed at all heavy-duty truck exit driveways directing truck drivers to the truck route as indicated in the truck routing plan, as described in Section 65098.4, and to the state highway system.
SEC. 6.SEC. 8.Section 65098.4 of the Government Code is amended to read:65098.4.(a)Prior to the issuance of a certificate of occupancy, a facility logistics use development operator shall establish and submit for approval to the planning director or equivalent position for the city, county, or city and county a truck routing plan to and from the state highway system based on the latest truck route map of the city, county, or city and county. The truck routing plan shall describe the operational characteristics of the logistic use and of the facility logistics use development operator, including, but not limited to, hours of operation, types of items to be stored within the building, and proposed truck routing to and from the facility logistics use development to designated truck routes that, to the greatest extent possible, avoid passing sensitive receptors. The truck routing plan shall include measures, such as signage and pavement markings, queuing analysis, and enforcement, for preventing truck queuing, circling, stopping, and parking on public streets. The facility logistics use development operator shall be responsible for enforcement of the truck routing plan.
(b)A revised truck routing plan shall be submitted to the planning director or equivalent position prior to a business license being issued by the city, county, or city and county for any new tenant of the property. The planning director or equivalent position shall have discretion to determine if changes to the truck routing plan are necessary, including, but not limited to, any additional measures to alleviate truck routing and parking issues that may arise during the life of the facility. logistics use development.
SEC. 9.Section 65098.5 of the Government Code is amended to read:65098.5.(a)A city, county, or city and county shall not approve development of a logistics use development that does not meet or exceed the standards outlined in this chapter.
(b)This section shall not be construed to restrict the existing authority of a city, county, or city and county to deny a logistics use facility development altogether.
SEC. 7.SEC. 10.Section 65098.6 of the Government Code is amended to read:65098.6.A city, county, or city and county shall condition approval of a logistics use development on the following:
(a)Two-to-one replacement of any demolished housing unit that was occupied within the last 10 years, unless the housing unit was declared substandard by a building official, pursuant to Section 17920.3 of the Health and Safety Code, prior to purchase by the developer. For each housing unit demolished, regardless of market value of the unit, two units of affordable housing for persons and families of low or moderate income, as defined in Section 50093 of the Health and Safety Code, that are deed-restricted shall be built within the jurisdiction. Funds from any fee imposed for the replacement of demolished housing units shall be placed in a housing-specific set-aside account and shall be used for housing within three years of collection.
(b)If residential dwellings are affected through purchase, the developer shall be required to provide any displaced tenant with an amount equivalent to 12 months rent at the current rate.
(c)Nothing in this section shall be construed to limit or preclude compliance with Section 66300.6.
SEC. 8.SEC. 11.Section 65302.02 of the Government Code is amended to read:65302.02.A county or city shall update its circulation element, as required by subdivision (b) of Section 65302, to do all of the following within the timelines described in subdivision (h):
(a)Identify and establish specific travel routes for the transport of goods, materials, or freight for storage, transfer, or redistribution to safely accommodate additional truck traffic and avoid residential areas and sensitive receptors, as defined by Section 65098.
(b)Maximize the use of interstate or state divided highways as preferred routes for truck routes. The county or city shall also maximize use of arterial roads, major thoroughfares, and local roads that predominantly serve commercial and agricultural commercial, agricultural, or industrial uses when state or interstate highways are not utilized. Truck routes shall comply with the following:
(1)Major or minor collector streets and local roads that predominantly serve commercial or agricultural commercial, agricultural, or industrial uses shall be used for truck routes only when strictly necessary to reach existing industrial zones.
(2)Trucks shall be routed via transportation arteries that minimize exposure to sensitive receptors.
(3)On and after January 1, 2028, all proposed development of a logistics use development, as defined in subdivision (d) of Section 65098, shall be accessible via arterial roads, major thoroughfares, or roads that predominantly serve commercial or agricultural commercial, agricultural, or industrial uses.
(A)The purpose of this section is to ensure that logistics use developments are sited in locations that minimize adverse impacts on residential communities and enhance transportation efficiency. This is achieved by restricting logistics use developments to roadways that are suited to handle the associated traffic and that predominantly serve commercial commercial, agricultural, or industrial uses.
(B)For purposes of this section, local roads shall be considered to predominantly serve commercial or agricultural commercial, agricultural, or industrial uses if more than 50 percent of the properties fronting the road within 1,000 feet of the truck entrances and exits are designated for commercial or industrial commercial, agricultural, or industrial use according to the local zoning ordinance.
(c)The county or city may consult with the Department of Transportation and the California Freight Advisory Committee for technical assistance.
(d)The county or city shall provide for posting of conspicuous signage to identify truck routes and additional signage for truck parking and appropriate locations for idling and parking.
(e)The county or city shall make truck routes publicly available in geographic information system (GIS) format and share GIS maps of the truck routes with warehouse operators, fleet operators, and truck drivers.
(f)The city or county shall provide opportunities for the involvement of citizens, California Native American Indian tribes, public agencies, public utility companies, and civic, educational, and other community groups through public hearings and any other means the planning agency deems appropriate, consistent with Section 65351.
(g)The city or county shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the changes required pursuant to this section.
(h)A city or county shall update its circulation element, as follows:
(1)The warehouse concentration region, as defined in Section 65098, shall implement the provisions of this section by January 1, 2026.
(2)A city with a population that is greater than 50,000 persons or a county with a population that is greater than 100,000 persons shall implement the provisions of this section by January 1, 2028.
(3)A city with a population that is equal to, or less than, 50,000 persons or a county with a population that is equal to, or less than, 100,000 persons shall implement the provisions of this section by January 1, 2035.
(4)For purposes of this section, the population of a county shall be determined based upon the population of the unincorporated areas.
(i)The Attorney General may enforce this section.(1)The Attorney General may impose a fine against a jurisdiction that is in violation of this section of up to fifty thousand dollars ($50,000) every six months if the required updates have not been made and the Attorney General finds that the jurisdiction has not made a good faith effort to meet the requirements of this section.(i)(1) In an action brought by the Attorney General, a jurisdiction that is in violation of this section and that has been found by the Attorney General not to have made a good faith effort to meet the requirements of this section shall be subject to all of the following:
(A)A civil penalty of up to fifty thousand dollars ($50,000) every six months, for each violation, accrued from the date of the violation until the violation is cured.
(B)All costs of investigating and prosecuting this action, including expert fees, reasonable attorneys fees, and costs.
(C)Other relief deemed appropriate by the court, including equitable and injunctive relief.
(D)Civil penalties collected pursuant to this section shall be paid to the office of the Attorney General.
(E) The liability, penalties, and remedies imposed by this section are in addition to any other liability, penalties, and remedies imposed by any other law.
(2)Upon appropriation by the Legislature, any fines civil penalties collected shall be distributed by the Attorney General and returned to the local air quality management district in which the fine civil penalty was imposed and be used for the districts efforts to improve air quality.
SEC. 9.SEC. 12.Section 40458.5 of the Health and Safety Code is amended to read:40458.5.(a)Subject to an appropriation for this express purpose, the South Coast Air Quality Management District shall, beginning on January 1, 2026, and until January 1, 2032, deploy mobile air monitoring systems within the Counties of Riverside and San Bernardino to collect air pollution measurements in communities that are near operational logistics use developments.
(b)The South Coast Air Quality Management District shall use the data collected pursuant to subdivision (a) to conduct an air modeling analysis to evaluate the impact of air pollution on sensitive receptors, as defined in Section 65098 of the Government Code, from logistics use development operations in the Counties of Riverside and San Bernardino, including relative pollution concentrations from logistics use developments at varying distances from sensitive receptors.
(c)The South Coast Air Quality Management District shall submit its findings to the Legislature on or before January 1, 2033. On or before January 1, 2028, the South Coast Air Quality Management District shall submit an interim report to evaluate the impact of air pollution on sensitive receptors, as defined in Section 65098 of the Government Code, from logistics use development operations in the Counties of Riverside and San Bernardino, including relative pollution concentrations from logistics use developments at varying distances from sensitive receptors. This report shall be used to assess the effectiveness of setbacks on public health.
(d)(1)The requirement for submitting a report imposed pursuant to subdivision (c) is inoperative on January 1, 2040, pursuant to Section 10231.5 of the Government Code.
(2)A report to be submitted pursuant to subdivision (c) shall be submitted in compliance with Section 9795 of the Government Code.
SEC. 10.SEC. 13.Section 40522.7 of the Health and Safety Code is amended to read:40522.7.The South Coast Air Quality Management District shall establish a process for receiving community input on how any penalties assessed and collected for violations of the Warehouse Indirect Source Rule are spent. The South Coast Air Quality Management District shall ensure a wide range of community groups are included in the process and that groups represent the geographic areas where there are high numbers of warehouse facilities.
SEC. 11.SEC. 14.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
As used in this chapter:
(a)21st century warehouse means a logistics use that meets all of the following:
(1)Complies with or exceeds all requirements of the most current building energy efficiency standards specified in Part 6 (commencing with Section 100) of Title 24 of the California Code of Regulations and the California Green Building Standards Code (Part 11 of Title 24 of the California Code of Regulations) that are in effect at the time that the building permit is issued, including, but not limited to, the following requirements related to:
(A)Photovoltaic system installation and associated battery storage.
(B)Cool roofing.
(C)Medium- and heavy-duty vehicle charging readiness.
(D)Light-duty electric vehicle charging readiness and installed charging stations.
(2)Has skylights in at least 1 percent of the roof area, or equivalent LED efficient lighting.
(3)(A)Provides conduits and electrical hookups at all loading bays serving cold storage.
(B)Idling or use of auxiliary truck engine power to power climate control equipment shall be prohibited if the truck is capable of plugging in at the loading bay and sufficient power is available.
(4)Ensures that any heating, ventilation, and air-conditioning is high-efficiency.
(5)(A)Ensures that all classes of forklifts used on site, pursuant to State Air Resources Boards Zero-Emission Forklifts regulation, as drafted, shall be zero-emission by January 1, 2030, to the extent operationally feasible, commercially off-the-shelf available, and adequate power available on site.
(B)(i)If not operationally feasible, commercially off-the-shelf available, or if there is inadequate power available on site, the cleanest technology commercially available shall be used.
(ii)Cost shall not be a factor in determining operational feasibility pursuant to this subparagraph.
(6)(A)Ensures that equipment used on site utilizing small off-road engines shall be zero-emission, to the extent operationally feasible, commercially off-the-shelf available, and adequate power available on site.
(B)(i)If not operationally feasible, commercially off-the-shelf available, or if there is inadequate power available on site, the cleanest technology commercially available shall be used.
(ii)Cost shall not be a factor in determining operational feasibility pursuant to this subparagraph.
(C)Should any equipment used on site utilizing small off-road engines be contracted out, the logistics use facility shall preferentially contract for services utilizing zero-emission small off-road engines.
(b)Expansion means the expansion of an existing logistics use by 20 percent or more of the existing square footage. Office space shall not be included as part of the existing square footage or in the square footage for the 20-percent expansion threshold.
(c)Heavy-duty truck means a class 7 or class 8 truck. As used in this subdivision:
(1)Class 7 truck means a truck with a gross vehicle weight rating of 26,001 to 33,000 pounds.
(2)Class 8 truck means a truck with a gross vehicle weight rating of greater than 33,000 pounds.
(d)Logistics use means a building that is primarily used as a warehouse for the movement or the storage of cargo, goods, or products that are moved to business or retail customers, or both, that does not predominantly serve retail customers for onsite purchases, and heavy-duty trucks are primarily involved in the movement of the cargo, goods, or products. Logistics use does not include any of the following:
(1)Facilities where food or household goods are sold directly to consumers and are accessible to the public.
(2)A building primarily served by rail to move cargo goods or product.
(3)(A)A Strategic Intermodal Facility.
(B)For purposes of this subdivision, Strategic Intermodal Facility means a project that satisfies all of the following requirements:
(i)Logistics facilities, including warehousing and transloading facilities, served by rail.
(ii)Intermodal freight transport services.
(iii)All facility structures and related rail operations are located within a single site footprint.
(4)A building that serves a primary agricultural use that is actively operated for a single period of 90 consecutive days or less each year.
(e)Sensitive receptor means one or more of the following:
(1)A residence, including, but not limited to, a private home, apartment, condominium unit, group home, dormitory unit, or retirement home.
(2)A school, including, but not limited to, a preschool, prekindergarten, or school maintaining kindergarten or any of grades 1 to 12, inclusive.
(3)A daycare facility, including, but not limited to, in-home daycare.
(4)Publicly owned parks, playgrounds, and recreational areas or facilities primarily used by children, unless the development of the park and recreation areas are included as a condition of approval for the development of a logistics use. use or land that will be used to ensure the publics right of access to the sea pursuant to the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code).
(5)Nursing homes, long-term care facilities, hospices, convalescent facilities, or similar live-in housing.
(6)Hospitals, as defined in Section 128700 of the Health and Safety Code.
(f)Small off-road engines means spark-ignition engines rated at or below 19 kilowatts or 25 horsepower or less.
(g)Tier 1 21st century warehouse means a logistics use that meets all of the following:
(1)Complies with or exceeds all requirements of the most current building energy efficiency standards specified in Part 6 (commencing with Section 100) of Title 24 of the California Code of Regulations and the California Green Building Standards Code (Part 11 of Title 24 of the California Code of Regulations) that are in effect at the time that the building permit is issued, including, but not limited to, the following requirements related to:
(A)(i)Photovoltaic system installation and associated battery storage.
(ii)For purposes of the photovoltaic system installation requirement in clause (i), all logistic use square footage should be considered conditioned space.
(B)Cool roofing.
(C)Medium- and heavy-duty vehicle charging readiness.
(D)Light-duty electric vehicle charging readiness and installed charging stations.
(2)Has skylights in at least one percent of the roof area, or equivalent LED efficient lighting.
(3)Has a microgrid-ready switchgear system capable of supporting distributed energy resources.
(4)Is advanced smart metering ready.
(5)Has a minimum of 50 percent of all passenger vehicle parking spaces preinstalled with conduit and all necessary physical infrastructure to support future charging of electric vehicles.
(6)Has a minimum of 10 percent of all passenger vehicle parking spaces installed with electric vehicle charging stations.
(7)(A)Provides conduits and electrical hookups at all loading bays serving cold storage.
(B)Idling or use of auxiliary truck engine power to power climate control equipment shall be prohibited if the truck is capable of plugging in at the loading bay and sufficient power is available.
(8)Ensures that any heating, ventilation, and air-conditioning is high-efficiency.
(9)(A)Ensures that all classes of forklifts used on site, pursuant to State Air Resources Boards Zero-Emission Forklifts regulation, as drafted, shall be zero-emission by January 1, 2028, to the extent operationally feasible, commercially off-the-shelf available, and adequate power available on site.
(B)(i)If not operationally feasible, commercially off-the-shelf available, or if there is inadequate power available on site, the cleanest technology commercially available shall be used.
(ii)Cost shall not be a factor in determining operational feasibility pursuant to this subparagraph.
(10)(A)Ensures that equipment used on site utilizing small off-road engines shall be zero-emission, to the extent operationally feasible, commercially off-the-shelf available, and adequate power available on site.
(B)(i)If not operationally feasible, commercially off-the-shelf available, or if there is inadequate power available on site, the cleanest technology commercially available shall be used.
(ii)Cost shall not be a factor in determining operational feasibility pursuant to this subparagraph.
(C)Should any equipment used on site utilizing small off-road engines be contracted out, the logistics use facility shall preferentially contract for services utilizing zero-emission small off-road engines.
(h)Warehouse concentration region includes the unincorporated areas within the Counties of Riverside and San Bernardino and the Cities of Chino, Colton, Fontana, Jurupa Valley, Moreno Valley, Ontario, Perris, Rancho Cucamonga, Redlands, Rialto, Riverside, and San Bernardino.
SEC. 2.Section 65098.1 of the Government Code is amended to read:65098.1.(a)Commencing January 1, 2026, any proposed new or expanded logistics use development 250,000 square feet or more where the loading bay is within 900 feet of a sensitive receptor that is utilizing a site zoned for industrial use or any site where an application was submitted to the jurisdiction by September 30, 2024, to rezone as industrial and the rezone to industrial was ultimately approved shall comply with all of the following:
(1)Include all Tier 1 21st century warehouse design elements described in subdivision (g) of Section 65098.
(2)Orient truck loading bays on the opposite side of the logistics use development away from sensitive receptors, to the extent feasible.
(3)Locate truck loading bays a minimum of 300 feet from the property line of the nearest sensitive receptor to the nearest truck loading bay opening using a direct straight-line method.
(4)Have a separate entrance for heavy-duty trucks accessible via a truck route, arterial road, major thoroughfare, or a local road that predominantly serves commercial oriented uses.
(5)Locate truck entry, exit, and internal circulation away from sensitive receptors. Heavy-duty diesel truck drive aisles shall be prohibited from being used on sides of the logistics use that are directly adjacent to a sensitive receptor property line.
(6)Comply with buffering and screening to mitigate for light and noise, as described in Section 65098.2.
(b)Commencing January 1, 2026, except as provided for in subdivision (c), any proposed new or expanded logistics use development that is on land that is not zoned industrial, whether developed or undeveloped, or land that needs to be rezoned, where the loading bay is within 900 feet of a sensitive receptor, shall comply with all of the following:
(1)If the logistics use development is 250,000 square feet or more it shall include all Tier 1 21st century warehouse design elements described in subdivision (g) of Section 65098. If the logistics use development is less than 250,000 square feet it shall include all 21st century warehouse design elements described in subdivision (a) of Section 65098.
(2)Orient truck loading bays on the opposite side of the logistics use development away from sensitive receptors, to the extent feasible.
(3)Locate truck loading bays a minimum of 500 feet from the property line of the nearest sensitive receptor to the nearest truck loading bay opening using a direct straight-line method.
(4)Have a separate entrance for heavy-duty trucks accessible via a truck route, arterial road, major thoroughfare, or a local road that predominantly serves commercial oriented uses.
(5)Locate truck entry, exit, and internal circulation away from sensitive receptors. Heavy-duty diesel truck drive aisles shall be prohibited from being used on sides of the building that are directly adjacent to a sensitive receptor property line.
(6)Comply with buffering and screening to mitigate for light and noise, as described in Section 65098.2.
(c)Commencing January 1, 2026, any proposed new or expanded logistics use development that is on land that is not zoned industrial, whether developed or undeveloped, or land that needs to be rezoned, and is located in the warehouse concentration region, shall comply with all of the following:
(1)If the logistics use development is 250,000 square feet or more it shall include all Tier 1 21st century warehouse design elements described in subdivision (g) of Section 65098. If the logistics use development is less than 250,000 square feet it shall include all 21st century warehouse design elements described in subdivision (a) of Section 65098.
(2)Orient truck loading bays on the opposite side of the logistics use development away from sensitive receptors, to the extent feasible.
(3)Locate truck loading bays a minimum of 500 feet from the property line of the nearest sensitive receptor to the nearest truck loading bay opening using a direct straight-line method.
(4)Have a separate entrance for heavy-duty trucks accessible via a truck route, arterial road, major thoroughfare, or a local road that predominantly serves commercial oriented uses.
(5)Locate truck entry, exit, and internal circulation away from sensitive receptors. Heavy-duty diesel truck drive aisles shall be prohibited from being used on sides of the building that are directly adjacent to a sensitive receptor property line.
(6)Comply with buffering and screening to mitigate for light and noise, as described in Section 65098.2.
(d)Commencing January 1, 2026, any proposed new or expanded logistics use development less than 250,000 square feet where the loading bay is within 900 feet of a sensitive receptor that is utilizing a site zoned for industrial use or any site where an application was submitted to the jurisdiction by September 30, 2024, to rezone as industrial and the rezone to industrial was ultimately approved shall comply with all of the following:
(1)Orient truck loading bays on the opposite side of the logistics use development away from sensitive receptors, to the extent feasible.
(2)Locate truck entry, exit, and internal circulation away from sensitive receptors. Heavy-duty diesel truck drive aisles shall be prohibited from being used on sides of the building that are directly adjacent to a sensitive receptor property line.
(3)Comply with buffering and screening to mitigate for light and noise, as described in Section 65098.2.
(4)Complies with or exceeds all requirements of the most current building energy efficiency standards specified in Part 6 (commencing with Section 100) of Title 24 of the California Code of Regulations and the California Green Building Standards Code (Part 11 of Title 24 of the California Code of Regulations) that are in effect at the time that the building permit is issued, including, but not limited to, the following requirements related to:
(A)Photovoltaic system installation and associated battery storage.
(B)Cool roofing.
(C)Medium- and heavy-duty vehicle charging readiness.
(D)Light-duty electric vehicle charging readiness and installed charging stations.
(5)(A)Provides conduits at loading bays equal to one truck per every loading bay serving cold storage.
(B)Idling or use of auxiliary truck engine power to power climate control equipment shall be prohibited if the truck is capable of plugging in at the loading bay and sufficient power is available.
(6)Ensures that any heating, ventilation, and air-conditioning is high-efficiency.
(7)Have a separate entrance for heavy-duty trucks accessible via a truck route, arterial road, major thoroughfare, or a local road that predominantly serves commercial oriented uses.
(e)(1)Except as provided in paragraph (2), on or before January 1, 2028, a city, county, or city and county shall update its circulation element to include truck routes, as specified in Section 65302.02.
(2)On or before January 1, 2026, all cities and counties in the warehouse concentration region shall update its circulation element to include truck routes, as specified in Section 65302.02.
SEC. 3.Section 65098.1.5 of the Government Code is amended to read:65098.1.5.(a)(1)Notwithstanding any other provision of law, any existing logistics use development in existence as of September 30, 2024, shall not be subject to the requirements described in paragraph (3) of subdivision (a) of, paragraph (3) of subdivision (b) of, or paragraph (3) of subdivision (c) of Section 65098.1, as applicable, if a new sensitive receptor is constructed, established, or permitted after the effective date of this chapter.
(2)Notwithstanding any other provision of law, if, by September 30, 2024, a proposed expansion of a logistics use development is in a local entitlement process, then the proposed expansion shall not be subject to the requirements described in paragraph (3) of subdivision (a) of, paragraph (3) of subdivision (b) of, or paragraph (3) of subdivision (c) of Section 65098.1, as applicable, if a sensitive receptor is constructed, established, or permitted after the effective date of this chapter.
(3)Notwithstanding any other provision of law, if, by September 30, 2024, a property is currently in a local entitlement process to become a logistics use, then the proposed logistics use development shall not be subject to the requirements described in paragraph (3) of subdivision (a) of, paragraph (3) of subdivision (b) of, or paragraph (3) of subdivision (c) of Section 65098.1, as applicable, if a sensitive receptor is constructed, established, or permitted after the effective date of this chapter.
(b)(1)Any proposed new logistics use developments that require the rezoning of land and must undergo a municipal entitlement process shall not be subject to the requirements described in paragraph (3) of subdivision (a) of, paragraph (3) of subdivision (b) of, or paragraph (3) of subdivision (c) of Section 65098.1, as applicable, if the start of the entitlement process for the logistics use began before any sensitive receptor started its own entitlement or permitting process, unless the proposed sensitive receptor was an existing allowable use according to local zoning regulations.
(2)During a logistics use developments entitlement process for a new or expanded logistics use, if a new sensitive receptor is proposed or established within the distances required by paragraph (3) of subdivision (a) of, paragraph (3) of subdivision (b) of, or paragraph (3) of subdivision (c) of Section 65098.1, as applicable, then those distance requirements shall not apply to the logistics use development so long as the logistics use development was not already subject to those requirements prior to the new sensitive receptor being proposed or established.
(c)This chapter shall not apply to any logistics use projects that were subject to a commenced local entitlement process prior to September 30, 2024.
(d)The protection afforded by this section shall remain in effect from the time of the initial application submission through the completion of the entitlement process, including any necessary rezoning actions and through the development period. If no construction activity occurs within five years of entitlement approvals, the protections shall be waived.
(e)This chapter shall not apply to a logistics use project that received an approval by a local agency prior to the effective date of this chapter. For purposes of this subdivision, approval shall have the same meaning as set forth in subdivision (a) of Section 15352 of Chapter 3 of Division 6 of Title 14 of the California Code of Regulations.
SEC. 4.Section 65098.2.7 of the Government Code is amended to read:65098.2.7.(a)The purpose of this section is to ensure that logistics use developments, beginning January 1, 2026, are sited in locations that minimize adverse impacts on residential communities and enhance transportation efficiency. This is achieved by restricting logistics use development to roadways that are suited to handle the associated traffic and that predominantly serve commercial uses.
(b)(1)Any new logistics use development shall be sited on roadways that meet the following classifications:
(A)Arterial roads.
(B)Collector roads.
(C)Major thoroughfares.
(D)Local roads that predominantly serve commercial uses.
(2)For purposes of this chapter, local roads shall be considered to predominantly serve commercial uses if more than 50 percent of the properties fronting the road within 1000 feet 1,000 feet of the sites truck entrances and exits are designed for commercial or industrial use according to the local zoning ordinance.
(c)A waiver may be granted where siting on the designated roadways pursuant to subdivision (b) is impractical due to unique geographic, economic, or infrastructure-related reasons. The waiver shall be approved by the city, county, or city and county, provided that the applicant demonstrates all of the following:
(1)There is no feasible alternative site that exists within the designated roadways.
(2)A traffic analysis has been completed and submitted to the local approving authority.
(3)The site is an existing industrial zone.
(4)The proposed site will incorporate mitigations to minimize traffic and environmental impacts on residential areas to the greatest extent feasible.
SEC. 4.SEC. 5.Section 65098.3 of the Government Code is amended to read:65098.3.(a)Anti-idling signs indicating a three-minute heavy-duty truck engine idling restriction shall be posted at logistics use developments along entrances to the site and at the truck loading bays.
(b)Signs shall be installed at all heavy-duty truck exit driveways directing truck drivers to the truck route as indicated in the truck routing plan, as described in Section 65098.4, and to the state highway system.
SEC. 5.SEC. 6.Section 65098.4 of the Government Code is amended to read:65098.4.(a)Prior to the issuance of a certificate of occupancy, a facility operator shall establish and submit for approval to the planning director or equivalent position for the city, county, or city and county a truck routing plan to and from the state highway system based on the latest truck route map of the city, county, or city and county. The truck routing plan shall describe the operational characteristics of the logistic use and of the facility operator, including, but not limited to, hours of operation, types of items to be stored within the building, and proposed truck routing to and from the facility to designated truck routes that, to the greatest extent possible, avoid passing sensitive receptors. The truck routing plan shall include measures, such as signage and pavement markings, queuing analysis, and enforcement, for preventing truck queuing, circling, stopping, and parking on public streets. The facility operator shall be responsible for enforcement of the truck routing plan. A
(b)A revised truck routing plan shall be submitted to the planning director or equivalent position prior to a business license being issued by the city, county, or city and county for any new tenant of the property. The planning director or equivalent position shall have discretion to determine if changes to the truck routing plan are necessary, including, but not limited to, any additional measures to alleviate truck routing and parking issues that may arise during the life of the facility.
SEC. 6.SEC. 7.Section 65098.6 of the Government Code is amended to read:65098.6.A city, county, or city and county shall condition approval of a logistics use on the following:
(a)Two-to-one replacement of any demolished housing unit that was occupied within the last 10 years, unless the housing unit was declared substandard by a building official, pursuant to Section 17920.3 of the Health and Safety Code, prior to purchase by the developer. For each housing unit demolished, regardless of market value of the unit, two units of affordable housing for persons and families of low or moderate income, as defined in Section 50093 of the Health and Safety Code, that are deed-restricted shall be built within the jurisdiction. Funds from any fee imposed for the replacement of demolished housing units shall be placed in a housing-specific set-aside account and shall be used for housing within three years of collection.
(b)If residential dwellings are affected through purchase, the developer shall be required to provide any displaced tenant with an amount equivalent to 12 months rent at the current rate.
(c)Nothing in this section shall be construed to limit or preclude compliance with Section 66300.6.
SEC. 7.SEC. 8.Section 65302.02 of the Government Code is amended to read:65302.02.By January 1, 2028, except as provided for in subdivision (h), a A county or city shall update its circulation element, as required by subdivision (b) of Section 65302, to do all of the following: following within the timelines described in subdivision (h):
(a)Identify and establish specific travel routes for the transport of goods, materials, or freight for storage, transfer, or redistribution to safely accommodate additional truck traffic and avoid residential areas and sensitive receptors, as defined by Section 65098.
(b)Maximize the use of interstate or state divided highways as preferred routes for truck routes. The county or city shall also maximize use of arterial roads, major thoroughfares, and predominantly commercially oriented local streets local roads that predominantly serve commercial and agricultural uses when state or interstate highways are not utilized. Truck routes shall comply with the following:
(1)Major or minor collector streets and local roads that predominantly serve commercially oriented commercial or agricultural uses shall be used for truck routes only when strictly necessary to reach existing industrial zones.
(2)Trucks shall be routed via transportation arteries that minimize exposure to sensitive receptors.
(3)On and after January 1, 2028, all proposed development of a logistics use development, as defined in subdivision (d) of Section 65098, shall be accessible via arterial roads, major thoroughfares, or roads that predominantly serve commercially oriented commercial or agricultural uses.
(A)The purpose of this section is to ensure that logistics use developments are sited in locations that minimize adverse impacts on residential communities and enhance transportation efficiency. This is achieved by restricting logistics use developments to roadways that are suited to handle the associated traffic and that predominantly serve commercial uses.
(B)For purposes of this section, local roads shall be considered to predominantly serve commercial or agricultural uses if more than 50 percent of the properties fronting the road within 1,000 feet of the truck entrances and exits are designated for commercial or industrial use according to the local zoning ordinance.
(c)The county or city may consult with the Department of Transportation and the California Freight Advisory Committee for technical assistance.
(d)The county or city shall provide for posting of conspicuous signage to identify truck routes and additional signage for truck parking and appropriate locations for idling and parking.
(e)The county or city shall make truck routes publicly available in geographic information system (GIS) format and share GIS maps of the truck routes with warehouse operators, fleet operators, and truck drivers.
(f)The city or county shall provide opportunities for the involvement of citizens, California Native American Indian tribes, public agencies, public utility companies, and civic, educational, and other community groups through public hearings and any other means the planning agency deems appropriate, consistent with Section 65351.
(g)The city or county shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the changes required pursuant to this section.
(h)A city or county shall update its circulation element, as follows:
(h)(1)The warehouse concentration region, as defined in Section 65098, shall implement the provisions of this section by January 1, 2026.
(2)A city with a population that is greater than 50,000 persons or a county with a population that is greater than 100,000 persons shall implement the provisions of this section by January 1, 2028.
(3)A city with a population that is equal to, or less than, 50,000 persons or a county with a population that is equal to, or less than, 100,000 persons shall implement the provisions of this section by January 1, 2035.
(4)For purposes of this section, the population of a county shall be determined based upon the population of the unincorporated areas.
(i)The Attorney General may enforce this section.
(1)The Attorney General may impose a fine against a jurisdiction that is in violation of this section of up to fifty thousand dollars ($50,000) every six months if the required updates have not been made. made and the Attorney General finds that the jurisdiction has not made a good faith effort to meet the requirements of this section.
(2)Upon appropriation by the Legislature, any fines collected shall be distributed by the Attorney General and returned to the local air quality management district in which the fine was imposed and be used for the districts efforts to improve air quality.
SEC. 8.SEC. 9.Section 40458.5 of the Health and Safety Code is amended to read:40458.5.(a)Subject to an appropriation for this express purpose, the South Coast Air Quality Management District shall, beginning on January 1, 2026, and until January 1, 2032, deploy mobile air monitoring systems within the Counties of Riverside and San Bernardino to collect air pollution measurements in communities that are near operational logistics use developments.
(b)The South Coast Air Quality Management District shall use the data collected pursuant to subdivision (a) to conduct an air modeling analysis to evaluate the impact of air pollution on sensitive receptors, as defined in Section 65098 of the Government Code, from logistics use development operations in the Counties of Riverside and San Bernardino, including relative pollution concentrations from logistics use developments at varying distances from sensitive receptors.
(c)The South Coast Air Quality Management District shall submit its findings to the Legislature on or before January 1, 2033. On or before January 1, 2028, the South Coast Air Quality Management District shall submit an interim report to evaluate the impact of air pollution on sensitive receptors, as defined in Section 65098 of the Government Code, from logistics use development operations in the Counties of Riverside and San Bernardino, including relative pollution concentrations from logistics use developments at varying distances from sensitive receptors. This report shall be used to assess the effectiveness of setbacks on public health.
(d)(1)The requirement for submitting a report imposed pursuant to subdivision (c) is inoperative on January 1, 2040, pursuant to Section 10231.5 of the Government Code.
(2)A report to be submitted pursuant to subdivision (c) shall be submitted in compliance with Section 9795 of the Government Code.
SEC. 9.SEC. 10.Section 40522.7 of the Health and Safety Code is amended to read:40522.7.The South Coast Air Quality Management District shall establish a process for receiving community input on how any penalties assessed and collected for violations of the Warehouse Indirect Source Rule are spent. The South Coast Air Quality Management District shall ensure a wide range of community groups are included in the process and that groups represent the geographic areas where there are high numbers of warehouse facilities.
SEC. 10.SEC. 11.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
As used in this chapter:
(a)21st century warehouse means a logistics use that meets all of the following:
(1)Complies with or exceeds all requirements of the most current building energy efficiency standards specified in Part 6 (commencing with Section 100) of Title 24 of the California Code of Regulations and the California Green Building Standards Code (Part 11 of Title 24 of the California Code of Regulations) that are in effect at the time that the development application is submitted, building permit is issued, including, but not limited to, the following requirements related to:
(A)Photovoltaic system installation and associated battery storage.
(B)Cool roofing.
(C)Medium- and heavy-duty vehicle charging readiness.
(D)Light-duty electric vehicle charging readiness and installed charging stations.
(2)Has skylights in at least 1 percent of the roof area, or equivalent LED efficient lighting.
(3)(A)Provides conduits and electrical hookups at all loading bays serving cold storage. Idling
(B)Idling or use of auxiliary truck engine power to power climate control equipment shall be prohibited if the truck is capable of plugging in at the loading bay and sufficient power is available.
(4)Ensures that any heating, ventilation, and air-conditioning is high-efficiency.
(5)(A)Ensures that all classes of forklifts used on site, pursuant to State Air Resources Boards Zero-Emission Forklifts regulation, as drafted, shall be zero-emission by January 1, 2030, to the extent operationally feasible, commercially off-the shelf off-the-shelf available, and adequate power available on site.
(B)(i)If not operationally feasible, commercially off-the shelf off-the-shelf available, or if there is inadequate power available on site, the cleanest technology commercially available shall be used.
(ii)Cost shall not be a factor in determining operational feasibility pursuant to this subparagraph.
(6)(A)Ensures that equipment used on site utilizing small off-road engines shall be zero-emission, to the extent operationally feasible, commercially off-the shelf off-the-shelf available, and adequate power available on site.
(B)(i)If not operationally feasible, commercially off-the shelf off-the-shelf available, or if there is inadequate power available on site, the cleanest technology commercially available shall be used.
(ii)Cost shall not be a factor in determining operational feasibility pursuant to this subparagraph.
(C)Should any equipment used on site utilizing small off-road engines be contracted out, the logistics use facility shall preferentially contract for services utilizing zero-emission small off-road engines.
(b)Expansion means the expansion of an existing logistics use by 20 percent or more of the existing square footage. Office space shall not be included as part of the existing square footage or in the square footage for the 20-percent expansion threshold.
(c)Heavy-duty truck means a class 7 or class 8 truck. As used in this subdivision:
(1)Class 7 truck means a truck with a gross vehicle weight rating of 26,001 to 33,000 pounds.
(2)Class 8 truck means a truck with a gross vehicle weight rating of greater than 33,000 pounds.
(d)Logistics use means a building in which that is primarily used as a warehouse for the movement or the storage of cargo, goods, or products that are moved or stored for later distribution to business or retail customers, or both, that does not predominantly serve retail customers for onsite purchases, and heavy-duty trucks are primarily involved in the movement of the cargo, goods, or products. Logistics use does not include any of the following:
(1)Facilities where food or household goods are sold directly to consumers and are accessible to the public.
(2)A building primarily served by rail to move cargo goods or product.
(3)(A)A Strategic Intermodal Facility.
(B)For purposes of this subdivision, Strategic Intermodal Facility means a project that satisfies all of the following requirements:
(i)Logistics facilities, including warehousing and transloading facilities, served by rail.
(ii)Intermodal freight transport services.
(iii)All facility structures and related rail operations are located within a single site footprint.
(e)Sensitive receptor means one or more of the following:
(1)A residence, including, but not limited to, a private home, apartment, condominium unit, group home, dormitory unit, or retirement home.
(2)A school, including, but not limited to, a preschool, prekindergarten, or school maintaining kindergarten or any of grades 1 to 12, inclusive.
(3)A daycare facility, including, but not limited to, in-home daycare.
(4)Publicly owned parks, playgrounds, and recreational areas or facilities primarily used by children, unless the development of the park and recreation areas are included as a condition of approval for the development of a logistics use.
(5)Nursing homes, long-term care facilities, hospices, convalescent facilities, or similar live-in housing.
(6)Hospitals, as defined in Section 128700 of the Health and Safety Code.
(f)Small off-road engines means spark-ignition engines rated at or below 19 kilowatts. kilowatts or 25 horsepower or less.
(g)Tier 1 21st century warehouse means a logistics use that meets all of the following:
(1)Complies with or exceeds all requirements of the most current building energy efficiency standards specified in Part 6 (commencing with Section 100) of Title 24 of the California Code of Regulations and the California Green Building Standards Code (Part 11 of Title 24 of the California Code of Regulations) that are in effect at the time that the development application is submitted, building permit is issued, including, but not limited to, the following requirements related to:
(A)(i)Photovoltaic system installation and associated battery storage.
(ii)For purposes of the photovoltaic system installation requirement in clause (i), all logistic use square footage should be considered conditioned space.
(B)Cool roofing.
(C)Medium- and heavy-duty vehicle charging readiness.
(D)Light-duty electric vehicle charging readiness and installed charging stations.
(2)Has skylights in at least one percent of the roof area, or equivalent LED efficient lighting.
(3)Has a microgrid-ready switchgear system capable of supporting distributed energy resources.
(4)Is advanced smart metering ready.
(5)Has a minimum of 50 percent of all passenger vehicle parking spaces preinstalled with conduit and all necessary physical infrastructure to support future charging of electric vehicles.
(6)Has a minimum of 10 percent of all passenger vehicle parking spaces installed with electric vehicle charging stations.
(7)(A)Provides conduits and electrical hookups at all loading bays serving cold storage. Idling
(B)Idling or use of auxiliary truck engine power to power climate control equipment shall be prohibited if the truck is capable of plugging in at the loading bay and sufficient power is available.
(8)Ensures that any heating, ventilation, and air-conditioning is high-efficiency.
(9)(A)Ensures that all classes of forklifts used on site, pursuant to State Air Resources Boards Zero-Emission Forklifts regulation, as drafted, shall be zero-emission by January 1, 2028, to the extent operationally feasible, commercially off-the shelf off-the-shelf available, and adequate power available on site.
(B)(i)If not operationally feasible, commercially off-the shelf off-the-shelf available, or if there is inadequate power available on site, the cleanest technology commercially available shall be used.
(ii)Cost shall not be a factor in determining operational feasibility pursuant to this subparagraph.
(10)(A)Ensures that equipment used on site utilizing small off-road engines shall be zero-emission, to the extent operationally feasible, commercially off-the shelf off-the-shelf available, and adequate power available on site.
(B)(i)If not operationally feasible, commercially off-the shelf off-the-shelf available, or if there is inadequate power available on site, the cleanest technology commercially available shall be used.
(ii)Cost shall not be a factor in determining operational feasibility pursuant to this subparagraph.
(C)Should any equipment used on site utilizing small off-road engines be contracted out, the logistics use facility shall preferentially contract for services utilizing zero-emission small off-road engines.
(h)Warehouse concentration region includes the unincorporated areas within the Counties of Riverside and San Bernardino and the Cities of Chino, Colton, Fontana, Jurupa Valley, Moreno Valley, Ontario, Perris, Rancho Cucamonga, Redlands, Rialto, Riverside, and San Bernardino.
SEC. 2.Section 65098.1 of the Government Code is amended to read:65098.1.(a)Commencing January 1, 2026, any proposed new or expanded logistics use development 250,000 square feet or more where the loading bay is within 900 feet of a sensitive receptor that is utilizing a site zoned for industrial use or any site where an application was submitted to the jurisdiction by September 30, 2024, to rezone as industrial and the rezone to industrial was ultimately approved shall comply with all of the following:
(1)Include all Tier 1 21st century warehouse design elements described in subdivision (g) of Section 65098.
(2)Orient truck loading bays on the opposite side of the logistics use development away from sensitive receptors, to the extent feasible.
(3)Locate truck loading bays a minimum of 300 feet from the property line of the nearest sensitive receptor to the nearest truck loading bay opening using a direct straight-line method.
(4)Have a separate entrance for heavy-duty trucks accessible via a truck route, arterial road, major thoroughfare, or a local road that predominantly serves commercial oriented uses.
(5)Locate truck entry, exit, and internal circulation away from sensitive receptors. Heavy-duty diesel truck drive aisles shall be prohibited from being used on sides of the building logistics use that are directly adjacent to a sensitive receptor property line.
(6)Include Comply with buffering and screening to mitigate for light and noise, as described in Section 65098.2.
(b)Commencing January 1, 2026, except as provided for in subdivision (c), any proposed new or expanded logistics use development that is on land that is not zoned industrial, whether developed or undeveloped, or land that needs to be rezoned, where the loading bay is within 900 feet of a sensitive receptor, shall comply with all of the following:
(1)If the logistics use development is 250,000 square feet or more it shall include all Tier 1 21st century warehouse design elements described in subdivision (g) of Section 65098. If the logistics use development is less than 250,000 square feet it shall include all 21st century warehouse design elements described in subdivision (a) of Section 65098.
(2)Orient truck loading bays on the opposite side of the logistics use development away from sensitive receptors, to the extent feasible.
(3)Locate truck loading bays a minimum of 500 feet from the property line of the nearest sensitive receptor to the nearest truck loading bay opening using a direct straight-line method.
(4)Have a separate entrance for heavy-duty trucks accessible via a truck route, arterial road, major thoroughfare, or a local road that predominantly serves commercial oriented uses.
(5)Locate truck entry, exit, and internal circulation away from sensitive receptors. Heavy-duty diesel truck drive aisles shall be prohibited from being used on sides of the building that are directly adjacent to a sensitive receptor property line.
(6)Include Comply with buffering and screening to mitigate for light and noise, as described in Section 65098.2.
(c)Commencing January 1, 2026, any proposed new or expanded logistics use development that is on land that is not zoned industrial, whether developed or undeveloped, or land that needs to be rezoned, and is located in the warehouse concentration region, shall comply with all of the following:
(1)If the logistics use development is 250,000 square feet or more it shall include all Tier 1 21st century warehouse design elements described in subdivision (g) of Section 65098. If the logistics use development is less than 250,000 square feet it shall include all 21st century warehouse design elements described in subdivision (a) of Section 65098.
(2)Orient truck loading bays on the opposite side of the logistics use development away from sensitive receptors, to the extent feasible.
(3)Locate truck loading bays a minimum of 500 feet from the property line of the nearest sensitive receptor to the nearest truck loading bay opening using a direct straight-line method.
(4)Have a separate entrance for heavy-duty trucks accessible via a truck route, arterial road, major thoroughfare, or a local road that predominantly serves commercial oriented uses.
(5)Locate truck entry, exit, and internal circulation away from sensitive receptors. Heavy-duty diesel truck drive aisles shall be prohibited from being used on sides of the building that are directly adjacent to a sensitive receptor property line.
(6)Include Comply with buffering and screening to mitigate for light and noise, as described in Section 65098.2.
(d)Commencing January 1, 2026, any proposed new or expanded logistics use development less than 250,000 square feet where the loading bay is within 900 feet of a sensitive receptor that is utilizing a site zoned for industrial use or any site where an application was submitted to the jurisdiction by September 30, 2024, to rezone as industrial and the rezone to industrial was ultimately approved shall comply with all of the following:
(1)Orient truck loading bays on the opposite side of the logistics use development away from sensitive receptors, to the extent feasible.
(2)Locate truck entry, exit, and internal circulation away from sensitive receptors. Heavy-duty diesel truck drive aisles shall be prohibited from being used on sides of the building that are directly adjacent to a sensitive receptor property line.
(3)Include Comply with buffering and screening to mitigate for light and noise, as described in Section 65098.2.
(4)Complies with or exceeds all requirements of the most current building energy efficiency standards specified in Part 6 (commencing with Section 100) of Title 24 of the California Code of Regulations and the California Green Building Standards Code (Part 11 of Title 24 of the California Code of Regulations) that are in effect at the time that the development application is submitted, building permit is issued, including, but not limited to, the following requirements related to:
(A)Photovoltaic system installation and associated battery storage.
(B)Cool roofing.
(C)Medium- and heavy-duty vehicle charging readiness.
(D)Light-duty electric vehicle charging readiness and installed charging stations.
(5)(A)Provides conduits at loading bays equal to one truck per every loading bay serving cold storage. Idling
(B)Idling or use of auxiliary truck engine power to power climate control equipment shall be prohibited if the truck is capable of plugging in at the loading bay and sufficient power is available.
(6)Ensures that any heating, ventilation, and air-conditioning is high-efficiency.
(7)Have a separate entrance for heavy-duty trucks accessible via a truck route, arterial road, major thoroughfare, or a local road that predominantly serves commercial oriented uses.
(e)(1)Except as provided in paragraph (2), on or before January 1, 2028, a city, county, or city and county shall update its circulation element to include truck routes, as specified in Section 65302.02.
(2)On or before January 1, 2026, all cities and counties in the warehouse concentration region shall update its circulation element to include truck routes, as specified in Section 65302.02.
SEC. 3.Section 65098.1.5 of the Government Code is amended to read:65098.1.5.(a)(1)Notwithstanding any other provision of law, any existing logistics use development in existence as of September 30, 2024, shall not be subject to the requirements described in paragraph (3) of subdivision (a) of, paragraph (3) of subdivision (b) of, or paragraph (3) of subdivision (c) of Section 65098.1, as applicable, if a new sensitive receptor is constructed, established, or permitted after the effective date of this chapter.
(2)Notwithstanding any other provision of law, if, by September 30, 2024, a proposed expansion of a logistics use development is in a local entitlement process, then the proposed expansion shall not be subject to the requirements described in paragraph (3) of subdivision (a) of, paragraph (3) of subdivision (b) of, or paragraph (3) of subdivision (c) of Section 65098.1, as applicable, if a sensitive receptor is constructed, established, or permitted after the effective date of this chapter.
(3)Notwithstanding any other provision of law, if, by September 30, 2024, a property is currently in a local entitlement process to become a logistics use, then the proposed logistics use development shall not be subject to the requirements described in paragraph (3) of subdivision (a) of, paragraph (3) of subdivision (b) of, or paragraph (3) of subdivision (c) of Section 65098.1, as applicable, if a sensitive receptor is constructed, established, or permitted after the effective date of this chapter.
(b)(1)Any proposed new logistics use developments that require the rezoning of land and must undergo a municipal entitlement process shall not be subject to the requirements described in paragraph (3) of subdivision (a) of, paragraph (3) of subdivision (b) of, or paragraph (3) of subdivision (c) of Section 65098.1, as applicable, if the start of the entitlement process for the logistics use began before any sensitive receptor started its own entitlement or permitting process, unless the proposed sensitive receptor was an existing allowable use according to local zoning regulations.
(2)During a logistics use developments entitlement process for a new or expanded logistics use, if a new sensitive receptor is proposed or established within the distances required by paragraph (3) of subdivision (a) of, paragraph (3) of subdivision (b) of, or paragraph (3) of subdivision (c) of Section 65098.1, as applicable, then those distance requirements shall not apply to the logistics use development so long as the logistics use development was not already subject to those requirements prior to the new sensitive receptor being proposed or established.
(c)This chapter shall not apply to any logistics use projects that were subject to a commenced local entitlement process prior to September 30, 2024.
(d)The protection afforded by this section shall remain in effect from the time of the initial application submission through the completion of the entitlement process, including any necessary rezoning actions and through the development period. If no development construction activity occurs within five years of entitlement approvals, the protections shall be waived.
(e)This chapter shall not apply to a logistics use project that received an approval by a local agency prior to the effective date of this chapter. For purposes of this subdivision, approval shall have the same meaning as set forth in subdivision (a) of Section 15352 of Chapter 3 of Division 6 of Title 14 of the California Code of Regulations.
SEC. 4.Section 65098.3 of the Government Code is amended to read:65098.3.(a)Anti-idling signs indicating a three-minute heavy-duty truck engine idling restriction shall be posted at logistics use developments along entrances to the site and at the truck loading bays.
(b)Signs shall be installed at all heavy-duty truck exit driveways directing truck drivers to the truck route as indicated in the truck routing plan, as described in Section 65098.4, and in to the state highway system.
SEC. 3.SEC. 5.Section 65098.4 of the Government Code is amended to read:65098.4.Prior to the issuance of a certificate of occupancy, a facility operator shall establish and submit for approval to the planning director or equivalent position for the city, county, or city and county a truck routing plan to and from the state highway system based on the latest truck route map of the city, county, or city and county. The truck routing plan shall describe the operational characteristics of the logistic use and of the facility operator, including, but not limited to, hours of operation, types of items to be stored within the building, and proposed truck routing to and from the facility to designated truck routes that, to the greatest extent possible, avoid passing sensitive receptors. The truck routing plan shall include measures, such as signage and pavement markings, queuing analysis, and enforcement, for preventing truck queuing, circling, stopping, and parking on public streets. The facility operator shall be responsible for enforcement of the truck routing plan. A revised truck routing plan shall be submitted to the planning director or equivalent position prior to a business license being issued by the city, county, or city and county for any new tenant of the property. The planning director or equivalent position shall have discretion to determine if changes to the truck routing plan are necessary, including, but not limited to, any additional measures to alleviate truck routing and parking issues that may arise during the life of the facility.
SEC. 6.Section 65098.6 of the Government Code is amended to read:65098.6.A city, county, or city and county shall condition approval of a logistics use on the following:
(a)Two-to-one replacement of any demolished housing unit that was occupied within the last 10 years, unless the housing unit was declared substandard by a building official, pursuant to Section 17920.3 of the Health and Safety Code, prior to purchase by the developer. For each housing unit demolished, regardless of market value of the unit, two units of affordable housing for persons and families of low or moderate income, as defined in Section 50093 of the Health and Safety Code, that are deed-restricted shall be built within the jurisdiction. Funds from any fee imposed for the replacement of demolished housing units shall be placed in a housing-specific set-aside account and shall be used for housing within three years of collection.
(b)If residential dwellings are affected through purchase, the developer shall be required to provide any displaced tenant with an amount equivalent to 12 months rent at the current rate.
(c)Nothing in this section shall be construed to limit or preclude compliance with Section 66300.6.
SEC. 4.SEC. 7.Section 65302.02 of the Government Code is amended to read:65302.02.By January 1, 2028, except as provided for in subdivision (h), a county or city shall update its circulation element, as required by subdivision (b) of Section 65302, to do all of the following:
(a)Identify and establish specific travel routes for the transport of goods, materials, or freight for storage, transfer, or redistribution to safely accommodate additional truck traffic and avoid residential areas and sensitive receptors, as defined by Section 65098.
(b)Maximize the use of interstate or state divided highways as preferred routes for truck routes. The county or city shall also maximize use of arterial roads, major thoroughfares, and predominantly commercially oriented local streets when state or interstate highways are not utilized. Truck routes shall comply with the following:
(1)Major or minor collector streets and roads that predominantly serve commercially oriented uses shall be used for truck routes only when strictly necessary to reach existing industrial zones.
(2)Trucks shall be routed via transportation arteries that minimize exposure to sensitive receptors.
(3)On and after January 1, 2028, all proposed development of a logistics use development, as defined in subdivision (d) of Section 65098, shall be accessible via arterial roads, major thoroughfares, or roads that predominantly serve commercially oriented uses.
(A)The purpose of this section is to ensure that logistics use developments are sited in locations that minimize adverse impacts on residential communities and enhance transportation efficiency. This is achieved by restricting logistics use developments to roadways that are suited to handle the associated traffic and that predominantly serve commercial uses.
(B)For purposes of this section, local roads shall be considered to predominantly serve commercial uses if more than 50 percent of the properties fronting the road within 1000 1,000 feet are designated for commercial or industrial use according to the local zoning ordinance.
(c)The county or city may consult with the Department of Transportation and the California Freight Advisory Committee for technical assistance.
(d)The county or city shall provide for posting of conspicuous signage to identify truck routes and additional signage for truck parking and appropriate locations for idling and parking.
(e)The county or city shall make truck routes publicly available in geographic information system (GIS) format and share GIS maps of the truck routes with warehouse operators, fleet operators, and truck drivers.
(f)The city or county shall provide opportunities for the involvement of citizens, California Native American Indian tribes, public agencies, public utility companies, and civic, educational, and other community groups through public hearings and any other means the planning agency deems appropriate, consistent with Section 65351.
(g)The city or county shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the changes required pursuant to this section.
(h)The warehouse concentration region, as defined in Section 65098, shall implement the provisions of this section by January 1, 2026.
(i)The Attorney General may enforce this section.
(1)The Attorney General may impose a fine against a jurisdiction that is in violation of this section of up to fifty thousand dollars ($50,000) every six months if the required updates have not been made.
(2)Upon appropriation by the Legislature, any fines collected shall be distributed by the Attorney General and returned to the local air quality management district in which the fine was imposed and be used for the districts efforts to improve air quality.
SEC. 5.SEC. 8.Section 40458.5 of the Health and Safety Code is amended to read:40458.5.(a)Subject to an appropriation for this express purpose, the South Coast Air Quality Management District shall, beginning on January 1, 2026, and until January 1, 2032, deploy mobile air monitoring systems within the Counties of Riverside and San Bernardino to collect air pollution measurements in communities that are near operational logistics use developments.
(b)The South Coast Air Quality Management District shall use the data collected pursuant to subdivision (a) to conduct an air modeling analysis to evaluate the impact of air pollution on sensitive receptors, as defined in Section 65098 of the Government Code, from logistics use development operations in the Counties of Riverside and San Bernardino, including relative pollution concentrations from logistics use developments at varying distances from sensitive receptors.
(c)The South Coast Air Quality Management District shall submit its findings to the Legislature on or before January 1, 2033. On or before January 1, 2028, the South Coast Air Quality Management District shall submit an interim report to evaluate the impact of air pollution on sensitive receptors, as defined in Section 65098 of the Government Code, from logistics use development operations in the Counties of Riverside and San Bernardino, including relative pollution concentrations from logistics use developments at varying distances from sensitive receptors. This report shall be used to assess the effectiveness of setbacks on public health.
(d)(1)The requirement for submitting a report imposed pursuant to subdivision (c) is inoperative on January 1, 2040, pursuant to Section 10231.5 of the Government Code.
(2)A report to be submitted pursuant to subdivision (c) shall be submitted in compliance with Section 9795 of the Government Code.
SEC. 6.SEC. 9.Section 40522.7 of the Health and Safety Code is amended to read:40522.7.The South Coast Air Quality Management District shall establish a process for receiving community input on how any penalties assessed and collected for violations of the Warehouse Indirect Source Rule are spent. The South Coast Air Quality Management District shall ensure a wide range of community groups are included in the process and that groups represent the geographic areas where there are high numbers of warehouse facilities.
SEC. 10.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
As used in this chapter:
(a)21st century warehouse means a logistics use that meets all of the following:
(1)Complies with or exceeds all requirements of the most current building energy efficiency standards specified in Part 6 (commencing with Section 100) of Title 24 of the California Code of Regulations and the California Green Building Standards Code (Part 11 of Title 24 of the California Code of Regulations), Regulations) that are in effect at the time that the development application is submitted, including, but not limited to, the following requirements related to:
(A)Photovoltaic system installation and associated battery storage.
(B)Cool roofing.
(C)Medium- and heavy-duty vehicle charging readiness.
(D)Light-duty electric vehicle charging readiness and installed charging stations.
(2)Has skylights in at least 1 percent of the roof area, or equivalent LED efficient lighting.
(3)Provides conduits and electrical hookups at all loading bays serving cold storage. Idling or use of auxiliary truck engine power to power climate control equipment shall be prohibited if the truck is capable of plugging in at the loading bay. bay and sufficient power is available.
(4)Ensures that any heating, ventilation, and air-conditioning is high-efficiency.
(5)(A)Ensures that all classes of forklifts used on site, pursuant to State Air Resources Boards Zero-Emission Forklifts regulation, as drafted, shall be zero-emission by January 1, 2030, to the extent operationally feasible, commercially off-the shelf available, and adequate power available on site.
(B)(i)If not operationally feasible, commercially off-the shelf available, or if there is inadequate power available on site, the cleanest technology commercially available shall be used.
(ii)Cost shall not be a factor in determining operational feasibility pursuant to this subparagraph.
(6)(A)Ensures that equipment used on site utilizing small off-road engines shall be zero-emission, to the extent operationally feasible, commercially off-the shelf available, and adequate power available on site.
(B)(i)If not operationally feasible, commercially off-the shelf available, or if there is inadequate power available on site, the cleanest technology commercially available shall be used.
(ii)Cost shall not be a factor in determining operational feasibility pursuant to this subparagraph.
(C)Should any equipment used on site utilizing small off-road engines be contracted out, the logistics use facility shall preferentially contract for services utilizing zero-emission small off-road engines.
(b)Expansion of an existing logistics use Expansion means the expansion of an existing logistics use by 20 percent or more of the existing square footage. Office space shall not be included as part of the existing square footage or in the square footage for the 20-percent expansion threshold.
(c)Heavy-duty truck means a class 7 or class 8 truck. As used in this subdivision:
(1)Class 7 truck means a truck with a gross vehicle weight rating of 26,001 to 33,000 pounds.
(2)Class 8 truck means a truck with a gross vehicle weight rating of greater than 33,000 pounds.
(d)Logistics use means a building in which cargo, goods, or products are moved or stored for later distribution to business or retail customers, or both, that does not predominantly serve retail customers for onsite purchases, and heavy-duty trucks are primarily involved in the movement of the cargo, goods, or products. Logistics use does not include any of the following:
(1)Facilities where food or household goods are sold directly to consumers and are accessible to the public.
(2)A building primarily served by rail to move cargo goods or product.
(3)(A)A Strategic Intermodal Facility.
(B)For purposes of this subdivision, Strategic Intermodal Facility means a project that satisfies all of the following requirements:
(i)Logistics facilities, including warehousing and transloading facilities, served by rail.
(ii)Intermodal freight transport services.
(iii)All facility structures and related rail operations are located within a single site footprint.
(e)Sensitive receptor means one or more of the following:
(1)A residence, including, but not limited to, a private home, apartment, condominium unit, group home, dormitory unit, or retirement home.
(2)A school, including, but not limited to, a preschool, prekindergarten, or school maintaining kindergarten or any of grades 1 to 12, inclusive.
(3)A daycare facility, including, but not limited to, in-home daycare.
(4)Publicly owned parks, playgrounds, and recreational areas or facilities primarily used by children, unless the development of the park and recreation areas are included as a condition of approval for the development of a logistics use.
(5)Nursing homes, long-term care facilities, hospices, convalescent facilities, or similar live-in housing.
(6)Hospitals, as defined in Section 128700 of the Health and Safety Code.
(f)Small off-road engines means spark-ignition engines rated at or below 19 kilowatts.
(g)Tier 1 21st century warehouse means a logistics use that meets all of the following:
(1)Complies with or exceeds all requirements of the most current building energy efficiency standards specified in Part 6 (commencing with Section 100) of Title 24 of the California Code of Regulations and the California Green Building Standards Code (Part 11 of Title 24 of the California Code of Regulations), Regulations) that are in effect at the time that the development application is submitted, including, but not limited to, the following requirements related to:
(A)(i)Photovoltaic system installation and associated battery storage.
(ii)For purposes of the photovoltaic system installation requirement in clause (i), all warehouse logistic use square footage should be considered conditioned space.
(B)Cool roofing.
(C)Medium- and heavy-duty vehicle charging readiness.
(D)Light-duty electric vehicle charging readiness and installed charging stations.
(2)Has skylights in at least one percent of the roof area, or equivalent LED efficient lighting.
(3)Has a microgrid-ready switchgear system capable of supporting distributed energy resources.
(4)Is advanced smart metering ready.
(5)Has a minimum of 50 percent of all passenger vehicle parking spaces preinstalled with conduit and all necessary physical infrastructure to support future charging of electric vehicles.
(6)Has a minimum of 10 percent of all passenger vehicle parking spaces installed with electric vehicle charging stations.
(7)Provides conduits and electrical hookups at all loading bays serving cold storage. Idling or use of auxiliary truck engine power to power climate control equipment shall be prohibited if the truck is capable of plugging in at the loading bay. bay and sufficient power is available.
(8)Ensures that any heating, ventilation, and air-conditioning is high-efficiency.
(9)(A)Ensures that all classes of forklifts used on site, pursuant to State Air Resources Boards Zero-Emission Forklifts regulation, as drafted, shall be zero-emission by January 1, 2028, to the extent operationally feasible, commercially off-the shelf available, and adequate power available on site.
(B)(i)If not operationally feasible, commercially off-the shelf available, or if there is inadequate power available on site, the cleanest technology commercially available shall be used.
(ii)Cost shall not be a factor in determining operational feasibility pursuant to this subparagraph.
(10)(A)Ensures that equipment used on site utilizing small off-road engines shall be zero-emission, to the extent operationally feasible, commercially off-the shelf available, and adequate power available on site.
(B)(i)If not operationally feasible, commercially off-the shelf available, or if there is inadequate power available on site, the cleanest technology commercially available shall be used.
(ii)Cost shall not be a factor in determining operational feasibility pursuant to this subparagraph.
(C)Should any equipment used on site utilizing small off-road engines be contracted out, the logistics use facility shall preferentially contract for services utilizing zero-emission small off-road engines.
(h)Warehouse concentration region includes the Counties of Riverside and San Bernardino and the Cities of Chino, Colton, Fontana, Jurupa Valley, Moreno Valley, Ontario, Perris, Rancho Cucamonga, Redlands, Rialto, Riverside, and San Bernardino.
SEC. 2.Section 65098.1 of the Government Code is amended to read:65098.1.(a)Commencing January 1, 2026, any proposed new or expanded logistics use development 250,000 square feet or more where the loading bay is within 900 feet of a sensitive receptor that is utilizing a site zoned for industrial use or any site where an application was submitted to the jurisdiction by September 30, 2024, to rezone as industrial and the rezone to industrial was ultimately approved shall comply with all of the following:
(1)Include all Tier 1 21st century warehouse design elements described in subdivision (g) of Section 65098.
(2)Orient truck loading bays on the opposite side of the logistics use development away from sensitive receptors, to the extent feasible.
(3)Locate truck loading bays a minimum of 300 feet from the property line of the nearest sensitive receptor to the nearest truck loading bay opening using a direct straight-line method.
(4)Have a separate entrance for heavy-duty trucks accessible via a truck route, arterial road, major thoroughfare, or a local road that predominantly serves commercial oriented uses.
(5)Locate truck entry, exit, and internal circulation away from sensitive receptors. Heavy-duty diesel truck drive aisles shall be prohibited from being used on sides of the building that are directly adjacent to a sensitive receptor property line.
(6)Include buffering and screening to mitigate for light and noise, as described in Section 65098.2.
(b)Commencing January 1, 2026, except as provided for in subdivision (c), any proposed new or expanded logistics use development that is on land that is not zoned industrial, whether developed or undeveloped, or land that needs to be rezoned, where the loading bay is within 900 feet of a sensitive receptor, shall comply with all of the following:
(1)If the logistics use development is 250,000 square feet or more it shall include all Tier 1 21st century warehouse design elements described in subdivision (g) of Section 65098. If the logistics use development is less than 250,000 square feet it shall include all 21st century warehouse design elements described in subdivision (a) of Section 65098.
(2)Orient truck loading bays on the opposite side of the logistics use development away from sensitive receptors, to the extent feasible.
(3)Locate truck loading bays a minimum of 500 feet from the property line of the nearest sensitive receptor to the nearest truck loading bay opening using a direct straight-line method.
(4)Have a separate entrance for heavy-duty trucks accessible via a truck route, arterial road, major thoroughfare, or a local road that predominantly serves commercial oriented uses.
(5)Locate truck entry, exit, and internal circulation away from sensitive receptors. Heavy-duty diesel truck drive aisles shall be prohibited from being used on sides of the building that are directly adjacent to a sensitive receptor property line.
(6)Include buffering and screening to mitigate for light and noise, as described in Section 65098.2.
(c)Commencing January 1, 2026, any proposed new or expanded logistics use development that is on land that is not zoned industrial, whether developed or undeveloped, or land that needs to be rezoned, and is located in the warehouse concentration region, shall comply with all of the following:
(1)If the logistics use development is 250,000 square feet or more it shall include all Tier 1 21st century warehouse design elements described in subdivision (g) of Section 65098. If the logistics use development is less than 250,000 square feet it shall include all 21st century warehouse design elements described in subdivision (a) of Section 65098.
(2)Orient truck loading bays on the opposite side of the logistics use development away from sensitive receptors, to the extent feasible.
(3)Locate truck loading bays a minimum of 500 feet from the property line of the nearest sensitive receptor to the nearest truck loading bay opening using a direct straight-line method.
(4)Have a separate entrance for heavy-duty trucks accessible via a truck route, arterial road, major thoroughfare, or a local road that predominantly serves commercial oriented uses.
(5)Locate truck entry, exit, and internal circulation away from sensitive receptors. Heavy-duty diesel truck drive aisles shall be prohibited from being used on sides of the building that are directly adjacent to a sensitive receptor property line.
(6)Include buffering and screening to mitigate for light and noise, as described in Section 65098.2.
(d)Commencing January 1, 2026, any proposed new or expanded logistics use development less than 250,000 square feet where the loading bay is within 900 feet of a sensitive receptor that is utilizing a site zoned for industrial use or any site where an application was submitted to the jurisdiction by September 30, 2024, to rezone as industrial and the rezone to industrial was ultimately approved shall comply with all of the following:
(1)Orient truck loading bays on the opposite side of the logistics use development away from sensitive receptors, to the extent feasible.
(2)Locate truck entry, exit, and internal circulation away from sensitive receptors. Heavy-duty diesel truck drive aisles shall be prohibited from being used on sides of the building that are directly adjacent to a sensitive receptor property line.
(3)Include buffering and screening to mitigate for light and noise, as described in Section 65098.2.
(4)Complies with or exceeds all requirements of the most current building energy efficiency standards specified in Part 6 (commencing with Section 100) of Title 24 of the California Code of Regulations and the California Green Building Standards Code (Part 11 of Title 24 of the California Code of Regulations), Regulations) that are in effect at the time that the development application is submitted, including, but not limited to, the following requirements related to:
(A)Photovoltaic system installation and associated battery storage.
(B)Cool roofing.
(C)Medium- and heavy-duty vehicle charging readiness.
(D)Light-duty electric vehicle charging readiness and installed charging stations.
(5)Provides conduits at loading bays equal to one truck per every loading bay serving cold storage. Idling or use of auxiliary truck engine power to power climate control equipment shall be prohibited if the truck is capable of plugging in at the loading bay. bay and sufficient power is available.
(6)Ensures that any heating, ventilation, and air-conditioning is high-efficiency.
(7)Have a separate entrance for heavy-duty trucks accessible via a truck route, arterial road, major thoroughfare, or a local road that predominantly serves commercial oriented uses.
(e)(1)Except as provided in paragraph (2), on or before January 1, 2028, a city, county, or city and county shall update its circulation element to include truck routes, as specified in Section 65302.02.
(2)On or before January 1, 2026, all cities and counties in the warehouse concentration region shall update its circulation element to include truck routes, as specified in Section 65302.02.
SEC. 3.Section 65098.4 of the Government Code is amended to read:65098.4.Prior to the issuance of a certificate of occupancy, a facility operator shall establish and submit for approval to the planning director or equivalent position for the city, county, or city and county a truck routing plan to and from the state highway system based on the latest truck route map of the city, county, or city and county. The truck routing plan shall describe the operational characteristics of the logistic use and of the facility operator, including, but not limited to, hours of operation, types of items to be stored within the building, and proposed truck routing to and from the facility to designated truck routes that, to the greatest extent possible, avoid passing sensitive receptors. The truck routing plan shall include measures, such as signage and pavement markings, queuing analysis, and enforcement, for preventing truck queuing, circling, stopping, and parking on public streets. The facility operator shall be responsible for enforcement of the truck routing plan. A revised truck routing plan shall be submitted to the planning director or equivalent position prior to a business license being issued by the city, county, or city and county for any new tenant of the property. The planning director or equivalent position shall have discretion to determine if changes to the truck routing plan are necessary, including, but not limited to, any additional measures to alleviate truck routing and parking issues that may arise during the life of the facility.
SEC. 4.Section 65302.02 of the Government Code is amended to read:65302.02.By January 1, 2028, except as provided for in subdivision (h), a county or city shall update its circulation element, as required by subdivision (b) of Section 65302, to do all of the following:
(a)Identify and establish specific travel routes for the transport of goods, materials, or freight for storage, transfer, or redistribution to safely accommodate additional truck traffic and avoid residential areas and sensitive receptors, as defined by Section 65098.
(b)Maximize the use of interstate or state divided highways as preferred routes for truck routes. The county or city shall also maximize use of arterial roads, major thoroughfares, and predominantly commercially oriented local streets when state or interstate highways are not utilized. Truck routes shall comply with the following:
(1)Major or minor collector streets and roads that predominantly serve commercially oriented uses shall be used for truck routes only when strictly necessary to reach existing industrial zones.
(2)Trucks shall be routed via transportation arteries that minimize exposure to sensitive receptors.
(3)On and after January 1, 2028, all proposed development of a logistics use development, as defined in subdivision (d) of Section 65098, shall be accessible via arterial roads, major thoroughfares, or roads that predominantly serve commercially oriented uses.
(A)The purpose of this section is to ensure that logistics use developments are sited in locations that minimize adverse impacts on residential communities and enhance transportation efficiency. This is achieved by restricting logistics use developments to roadways that are suited to handle the associated traffic and that predominantly serve commercial uses.
(B)For purposes of this section, local roads shall be considered to predominantly serve commercial uses if more than 50 percent of the properties fronting the road within 1000 feet are designated for commercial or industrial use according to the local zoning ordinance.
(c)The county or city may consult with the Department of Transportation and the California Freight Advisory Committee for technical assistance.
(d)The county or city shall provide for posting of conspicuous signage to identify truck routes and additional signage for truck parking and appropriate idling facility locations. locations for idling and parking.
(e)The county or city shall make truck routes publicly available in geographic information system (GIS) format and share GIS maps of the truck routes with warehouse operators, fleet operators, and truck drivers.
(f)The city or county shall provide opportunities for the involvement of citizens, California Native American Indian tribes, public agencies, public utility companies, and civic, educational, and other community groups through public hearings and any other means the planning agency deems appropriate, consistent with Section 65351.
(g)The city or county shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the changes required pursuant to this section.
(h)The warehouse concentration region, as defined in Section 65098, shall implement the provisions of this section by January 1, 2026.
(i)The Attorney General may enforce this section.
(1)The Attorney General may impose a fine against a jurisdiction that is in violation of this section of up to fifty thousand dollars ($50,000) every six months if the required updates have not been made.
(2)Upon appropriation by the Legislature, any fines collected shall be distributed by the Attorney General and returned to the local air quality management district in which the fine was imposed and be used for the districts efforts to improve air quality.
SEC. 5.Section 40458.5 of the Health and Safety Code is amended to read:40458.5.(a)Subject to an appropriation for this express purpose, the south coast district South Coast Air Quality Management District shall, beginning on January 1, 2026, and until January 1, 2032, deploy mobile air monitoring systems within the Counties of Riverside and San Bernardino to collect air pollution measurements in communities that are near operational logistics use developments.
(b)The south coast district South Coast Air Quality Management District shall use the data collected pursuant to subdivision (a) to conduct an air modeling analysis to evaluate the impact of air pollution on sensitive receptors, as defined in Section 65098 of the Government Code, from logistics use development operations in the Counties of Riverside and San Bernardino, including relative pollution concentrations from logistics use developments at varying distances from sensitive receptors.
(c)The south coast district South Coast Air Quality Management District shall submit its findings to the Legislature on or before January 1, 2033. On or before January 1, 2028, the south coast district South Coast Air Quality Management District shall submit an interim report to evaluate the impact of air pollution on sensitive receptors, as defined in Section 65098 of the Government Code, from logistics use development operations in the Counties of Riverside and San Bernardino, including relative pollution concentrations from logistics use developments at varying distances from sensitive receptors. This report shall be used to assess the effectiveness of setbacks on public health.
(d)(1)The requirement for submitting a report imposed pursuant to subdivision (c) is inoperative on January 1, 2040, pursuant to Section 10231.5 of the Government Code.
(2)A report to be submitted pursuant to subdivision (c) shall be submitted in compliance with Section 9795 of the Government Code.
SEC. 6.Section 40522.7 of the Health and Safety Code is amended to read:40522.7.The south coast district South Coast Air Quality Management District shall establish a process for receiving community input on how any penalties assessed and collected for violations of the Warehouse Indirect Source Rule are spent. The south coast district South Coast Air Quality Management District shall ensure a wide range of community groups are included in the process and that groups represent the geographic areas where there are high numbers of warehouse facilities.
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Date
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Status
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|---|---|
| Sep 13, 2025 | Ordered to inactive file at the request of Senator Reyes. |
| Sep 10, 2025 | From committee: That the measure be returned to Senate Floor for consideration. (Ayes 5. Noes 0.) (September 10) |
| Sep 9, 2025 | Senate Rule 29.3(b) suspended. (Ayes 28. Noes 8. Page 2568.) |
| Sep 9, 2025 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on L. GOV. |
| Sep 8, 2025 | Read second time. Ordered to third reading. |
| Sep 8, 2025 | Re-referred to Com. on RLS. pursuant to Senate Rule 29.10(b). |
| Sep 8, 2025 | Re-referred to Com. on L. GOV. pursuant to Senate Rule 29.10(b). |
| Sep 8, 2025 | (Ayes 5. Noes 0. Page 2570.) |
| Sep 5, 2025 | Read third time and amended. Ordered to second reading. |
| Aug 28, 2025 | Read second time. Ordered to third reading. |
| Aug 27, 2025 | Read third time and amended. Ordered to second reading. |
| Aug 20, 2025 | Read second time. Ordered to third reading. |
| Aug 19, 2025 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8. |
| Jul 16, 2025 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 13. Noes 0.) (July 15). Re-referred to Com. on APPR. |
| Jul 9, 2025 | From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 0.) (July 9). Re-referred to Com. on JUD. |
| Jun 27, 2025 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Jun 25, 2025 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on L. GOV. |
| Jun 18, 2025 | Referred to Coms. on L. GOV. and JUD. |
| Jun 5, 2025 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Jun 4, 2025 | Read third time. Passed. Ordered to the Senate. (Ayes 61. Noes 4. Page 2054.) |
| May 15, 2025 | Read second time. Ordered to third reading. |
| May 14, 2025 | From committee: Do pass. (Ayes 11. Noes 1.) (May 14). |
| May 1, 2025 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (April 30). Re-referred to Com. on APPR. |
| Apr 28, 2025 | Re-referred to Com. on L. GOV. |
| Apr 24, 2025 | From committee chair, with author's amendments: Amend, and re-refer to Com. on L. GOV. Read second time and amended. |
| Mar 27, 2025 | Re-referred to Com. on L. GOV. |
| Mar 26, 2025 | From committee chair, with author's amendments: Amend, and re-refer to Com. on L. GOV. Read second time and amended. |
| Mar 10, 2025 | Referred to Com. on L. GOV. |
| Feb 19, 2025 | From printer. May be heard in committee March 21. |
| Feb 18, 2025 | Read first time. To print. |
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Date
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Description
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Location
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Votes
|
|
|---|---|---|---|---|
| Sep 10, 2025 | That the measure be returned to Senate Floor for consideration. Ordered to third reading. | Senate Standing Committee on Local Government |
Passed |
|
| Jul 15, 2025 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Judiciary |
Passed |
|
| Jul 9, 2025 | Do pass, but first be re-referred to the Committee on [Judiciary] | Senate Standing Committee on Local Government |
Passed |
|
| Jun 4, 2025 | AB 735 Carrillo Assembly Third Reading | Assembly Floor |
Passed |
|
| May 14, 2025 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 30, 2025 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Local Government |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
|
Position
|
Date
|
|---|---|---|
| American Planning Association, California Chapter | ** Support | |
| California State Association Of Counties | ** Support | |
| California State Association of Counties (CSAC) | ** Support | |
| City of Victorville | ** Support | |
| League Of California Cities | ** Support | |
| Madera County | ** Against | |
| Rural County Representatives of California | ** Support | |
| Rural County Representatives of California (RCRC) | ** Support | |
| VALLEY INDUSTRY AND COMMERCE ASSOCIATION | ** Support | |
| Valley Industry and Commerce Association (VICA) | ** Support |
tSENATE COMMITTEE ON LOCAL GOVERNMENT
Senator María Elena Durazo, Chair
2025 - 2026 Regular
Bill No: | AB 735 | Hearing Date: | 9/10/25 |
Author: | Carrillo | Fiscal: | Yes |
Version: | 9/9/25 Amended | Consultant: | Favorini-Csorba |
Planning and zoning: logistics use developments: truck routes
PURSUANT TO RULE 29.10(b)
Makes various changes to AB 98 (Carrillo and Reyes, 2024), which regulates warehouse development.
Background
Land use planning. The California Constitution allows cities and counties to “make and enforce within its limits, all local, police, sanitary and other ordinances and regulations not in conflict with general laws.” It is from this fundamental power (commonly called the police power) that cities and counties derive their authority to regulate behavior to preserve the health, safety, and welfare of the public—including land use authority.
Planning and Zoning Law. State law provides additional powers and duties for cities and counties regarding land use. The Planning and Zoning Law requires every county and city to adopt a general plan that sets out planned uses for all of the area covered by the plan. A general plan must include specified mandatory “elements,” including a land use element that specifies that general types and intensities of use that are allowed in different areas covered by the general plan. Cities’ and counties’ major land use decisions—including most zoning ordinances and other aspects of development permitting—must be consistent with their general plans.
Local governments use their police power to enact zoning ordinances that shape the physical form of development and the allowable activities in an area. These ordinances can also include conditions on development to address aesthetics, community impacts, or other particular site-specific considerations.
Warehouses and other logistics uses. The proliferation of e-commerce and consumer expectations for rapid shipping contributed to a boom in warehouse development in California. The Environmental Justice Bureau at the California Attorney General’s Office notes that in the Inland Empire alone, 150 million square feet of new industrial space was developed from 2009-2019, and that 21 of the largest 100 logistics leases signed in 2019 were located in the Inland Empire.
Numerous studies have correlated the presence of warehouses with negative health effects on nearby communities, due primarily to the truck traffic associated with the warehouses. Under Attorney General Xavier Becerra, the Office of the Attorney General (OAG) adopted a guidance memo titled Warehouse Projects: Best Practices and Mitigation Measures to Comply with the California Environmental Quality Act. The memo notes: “among other pollutants, diesel trucks visiting warehouses emit nitrogen oxide (NOx)—a primary precursor to smog formation and a significant factor in the development of respiratory problems like asthma, bronchitis, and lung irritation—and diesel particulate matter (a subset of fine particular matter that is smaller than 2.5 micrometers)—a contributor to cancer, heart disease, respiratory illnesses, and premature death. Trucks and on-site loading activities can also be loud, bringing disruptive noise levels during 24/7 operation that can cause hearing damage after prolonged exposure.”
Warehouse mitigation measures. The OAG’s memo identifies best practices for avoiding and mitigating impacts associated with warehouse development. Among the recommendations proposed in the memo related to the siting and design of warehouses the memo notes that a best practice includes siting warehouse facilities so that their property lines are at least 1,000 feet from the property lines of the nearest sensitive receptors. Sensitive receptors are areas that children, the elderly, and other vulnerable populations congregate, such as residences or schools.
2024 warehouse development legislation. In response to growing concerns about the effects of warehouses on sensitive receptors, the Legislature enacted AB 98 (Carrillo and Reyes, 2024). AB 98 establishes minimum requirements that must be met for local agencies to approve development of new or expanded logistics uses (warehouses) on or after January 1, 2026 that have loading bays within 900 feet of schools, homes, daycares, nursing homes, hospitals, and parks or playgrounds. These standards require logistics uses to be located on larger roads, unless it is impractical to do so, and establish, among other requirements:
- Minimum distances (setbacks) between loading bays and the property line of a sensitive receptor of 300 feet if the project is proposed on land that is zoned for industrial use, or 500 feet if not;
- Buffer zones around the properties that screen sensitive receptors using trees and walls;
- Site design requirements, such as orienting loading bays on the opposite side of the facility from sensitive receptors where feasible; and
- Building electrification requirements; and operational requirements (including phased-in mandates for zero-emission forklifts and other equipment, where feasible).
The law also requires developers replace any demolished housing on a two-for-one basis with affordable units, along with providing relocation payments to displaced tenants.
AB 98 applies stricter criteria to logistics uses in the warehouse concentration region (WCR), which includes Counties of Riverside and San Bernardino and the Cities of Chino, Colton, Fontana, Jurupa Valley, Moreno Valley, Ontario, Perris, Rancho Cucamonga, Redlands, Rialto, Riverside, and San Bernardino. Among other things, all new or expanded logistics uses in the WCR must have a 500-foot setback from nearby sensitive receptors.
Logistics uses under 250,000 square feet do not have to meet as stringent standards, including no required setbacks if they are on industrial land. The law also includes specific exemptions for certain projects already existing or in the planning process before September 30, 2024.
Furthermore, AB 98 mandates that all cities and counties update their general plan’s circulation element by January 1, 2028 (or January 1, 2026 for jurisdictions in the WCR) to designate truck routes that avoid residential areas and sensitive receptors, maximizing the use of highways and major arterials. The law includes requirements for public input and making route maps publicly available.
Finally, AB 98 directs the South Coast Air Quality Management District (South Coast AQMD) to conduct air quality monitoring near warehouses in Riverside and San Bernardino Counties and report on pollution impacts to evaluate the effectiveness of the mandated setbacks.
As approved by the Legislature, AB 98 included some provisions that were unclear. The author wants to make clarifying changes to AB 98 to improve its implementation.
Proposed Law
Assembly Bill 735 makes various changes to AB 98.
Definitional changes. Current law defines a logistics use to mean a building in which cargo, goods, or products are moved or stored for later distribution, as specified. AB 735 standardizes the use of the term “logistics use development” throughout the law and narrows the definition of “logistics use development” to be a building that is primarily used as a warehouse for the movement or the storage of cargo, goods, or products, and excludes agricultural buildings that are operated for less than 90 consecutive days a year. AB 735 also defines “logistics park” to mean a development consisting of multiple buildings containing logistics use.
Changes to site and design requirements. Current law defines a sensitive receptor to include schools, homes, daycares, nursing homes, hospitals, and parks or playgrounds. AB 735 adds to this list:
- Land that will be used to ensure the public’s right of access to the sea or other public access pursuant to the California Coastal Act of 1976 or the McAteer-Petris Act; and
- Land developed at or adjacent to an airport or seaport for the express purpose of creating a buffer area between sensitive receptors and an airport or seaport facility.
Current law requires a logistics use to orient truck loading bays on the opposite side of the logistics use from sensitive receptors, to the extent feasible. AB 735 requires truck loading bays to be on the side that is away from the nearest sensitive receptor, to the extent feasible.
Current law requires specified buffer areas of at least 50 feet between adjacent sensitive receptors and the logistics use that include landscaping and other measures to screen sensitive receptors from the use. The buffer requirement is 100 feet for uses in areas that were not previously zoned for industrial use. AB 735 provides that these can include the public right of way, and passenger vehicle parking improvements, and other hardscape.
Current law provides that the standards in AB 98 must not be construed to restrict the existing authority of a city, county, or city and county to deny a logistics use facility altogether. AB 735 prohibits a city or county from adopting or enforcing a requirement on a logistics uses to the extent that the requirement would prohibit or have the effect of physically precluding compliance with specified standards that are required by AB 98. However, AB 735 also provides that it does not restrict the existing authority of a city or county to adopt or enforce a requirement that prohibits or has the effect of physically precluding a new or expanded logistics use development on any parcel.
Current law under AB 98 requires a logistics use that demolishes any housing unit that was occupied in the last 10 years, it must replace those units with two units of moderate- or low-income housing per one housing unit demolished, as specified. If residential dwellings are affected through purchase, the developer must provide any displaced tenant with an amount equivalent to 12 months’ rent at the current rate. Current law under the Housing Crisis Act requires one to one replacement of demolished housing units, as well as specified relocation assistance and a right to return. AB 735 provides that nothing in AB 98 limits or precludes compliance with the Housing Crisis Act’s requirements and requires a logistics use developer to comply with the Housing Crisis Act’s requirements before complying with any additional requirements imposed by AB 98.
Current law applies specified standards to projects that are located on land zoned for industrial use or rezoned to industrial uses prior to September 30, 2024. AB 735 excludes from the definition of “rezone” land that meets both of the following:
- The land is annexed by a jurisdiction through a boundary change; and
- The zoning in the new jurisdiction is consistent with the zoning assigned by the original jurisdiction.
Truck route changes. Current law requires a city or county to update its circulation element to include truck routes by January 1, 2026 in the WCR, and by January 1, 2028 in the rest of the state, and allows the AG to administratively fine a city or county $50,000 every six months if it does not comply. AB 735 instead allows cities and counties outside of the WCR to instead adopt an ordinance establishing the truck routes, and delays the requirement for cities with populations of fewer than 50,000 and cities populations of fewer than 100,000 until January 1, 2030. The bill also exempts cities and counties that did not have any logistics use within its jurisdiction as of January 1, 2025, but requires a city or county to adopt an ordinance within two years of approving a logistics use development.
AB 735 also repeals the administrative fine authority for the AG and instead allows the Attorney general to bring an action against a city or county that is in violation of the law’s requirements to adopt a circulation element or an ordinance. Instead, the bill makes local governments that a court finds to have violated those requirements subject to any of the following penalties:
- A civil penalty of up to $50,000 every six months, accrued from the date of the violation until the violation is cured.
- Costs of investigating and prosecuting this action, including expert fees, reasonable attorney’s fees, and costs.
- Other relief deemed appropriate by the court, including equitable and injunctive relief.
AB 735 provides that a court must consider whether there are any mitigating circumstances delaying the jurisdiction from coming into compliance with the truck route requirements, and may consider whether a city or county is making a good faith effort to come into substantial compliance or is facing substantial undue hardships. The bill also provides that civil penalties collected pursuant to this section must be paid to the AG and returned to the local air quality management district in which the civil penalty was imposed for the district’s efforts to improve air quality.
Current law requires a logistics use development operator to submit to a jurisdiction’s planning director a truck routing plan for trucks that will travel along truck routes to the logistics use development, and requires the operator to include enforcement measures. A revised truck routing plan man AB 735 deletes the enforcement measure requirement and instead requires the California Department of Highway Patrol (CHP) to make the following available to city and county law enforcement agencies subject to this section:
- At no charge, training on enforcement of laws related to commercial vehicles, including, but not limited to, truck route enforcement; and
- Course completion certificates for city and county law enforcement personnel who have completed the training.
AB 735 also requires those jurisdictions that must adopt truck routes to have at least one enforcement officer that has received a completion certificate. CHP is not required to provide training for which it has not received funding, and a city or county is not required to have an enforcement officer that has received a course completion certificate if CHP has not made the training available to law enforcement personnel at no charge.
Current law specifies that the truck routes must direct travel along arterial roads, major thoroughfares, or “local roads that predominantly serve commercially oriented uses,” and defines that term to mean roads with 50% of the properties fronting the road within 1,000 feet are designated for commercial or industrial uses in the local zoning ordinance. AB 735 adds agricultural uses to this list and states that the 1,000 foot length of road must be measured from the truck entrances and exits.
Current law requires a separate entrance for trucks from a truck route to a logistics use. AB 735 allows a logistics park to have a separate entrance, and provides that a separate entrance for heavy-duty trucks may include a driveway with a lane dedicated to heavy-duty trucks and a lane dedicated for automobiles or other vehicles.
South Coast AQMD changes. Current law requires the South Coast AQMD to beginning on January 1, 2026, and until January 1, 2032, deploy mobile air monitoring systems within the Counties of Riverside and San Bernardino to collect air pollution measurements in communities that are near operational logistics use developments, upon appropriation, and use this data to evaluate the impact of air pollution on sensitive receptors in the Counties of Riverside and San Bernardino, including relative pollution concentrations from logistics use developments. The AQMD must complete an interim report by January 1, 2028, and a final report by January 1, 2033. AB 735 instead allows the South Coast AQMD to use a combination of new air monitoring data or other measurement data to evaluate pollutant concentrations at varying distances from new logistics use projects.
Other changes. AB 735 makes other changes that:
- State that the building codes that apply are those that are in effect at the time the building permit is issued, consistent with existing law;
- Ensure that all electrification requirements only apply if sufficient power is available;
- Clarify that the law does not apply to projects that were subject to a local entitlement project prior to September 30, 2024 or approved, as defined, before January 1, 2026.and
- Make other technical changes.
Comments
1. Purpose of the bill. According to the author, “Last year, AB 98 established statewide standards for the siting, design, development, and operation of warehouses. AB 735 follows in AB 98’s momentum and makes technical and clarifying changes to the state law established by AB 98. This bill responds to the questions my office has received from a wide range of stakeholders on how AB 98 should be implemented.”
2. Keep on truckin’. Current law requires local governments to update their circulation elements with truck routing plans. Cities and counties say that updating the circulation element will be challenging because this update will trigger a host of other laws requiring changes to their general plans, and that there are at least three counties that have a sole planning staffer to do the work. AB 735 instead allows communities outside the WCR to adopt truck routes via ordinance, which is a simpler process, instead of updating their circulation element. The bill also includes other measures to ease implementation of the truck routing provisions for cities and counties, including to give an additional two years to adopt the ordinance for smaller jurisdictions outside of the WCR, to only require jurisdictions that have logistics uses within their communities to develop truck routes, and to limit penalties for cities and counties that have made good faith efforts to comply.
3. Getting physical. AB 98 established a wide range of standards for building and site design for logistics uses. Logistics use developers are concerned that a local government might have standards that conflict with requirements in AB 98 and therefore make it physically impossible to build a warehouse that complies both with local requirements and state law. For example, if a local government prohibits walls of higher than six feet, a developer could not comply with both AB the local requirement and AB 98’s requirement that walls be at least 10 feet tall. AB 735 proposes changes to specify that local agencies cannot adopt or enforce standards that would prohibit or have the effect of physically precluding specified standards in the law. This provision may override some specific local government standards. However, the bill’s limitation does not apply to setbacks from sensitive receptors, meaning that local governments clearly can require additional setbacks. Additionally, the bill contains a provision that states generally that local governments can still adopt or enforce standards that physically preclude or prohibit a logistics use as a whole on a particular parcel. This provision is intended to ensure that local governments can still impose standards that exceed AB 98’s standards.
4. Someday? AB 98 currently applies to logistics uses that expand the square footage of an existing logistics use by 20% or more. Business groups say it is unclear whether AB 98’s requirements apply if an existing logistics use is demolished and a new building is constructed in its place. They want to specifically allow demolition and reconstruction on the site of an existing logistics use without triggering AB 98’s requirements. AB 735 does not modify the standards in AB 98 regarding expansion of logistics uses.
5. Mandate. The California Constitution requires the state to reimburse local governments for the costs of new or expanded state mandated local programs. Because AB 735 imposes new duties on local governments, Legislative Counsel says it imposes a new state mandate. AB 735 disclaims the state’s responsibility for providing reimbursement by citing local governments’ authority to charge for the costs of implementing the bill’s provisions.
6. 29.10(b). As approved by the Committee at its July 9th meeting, AB 735 contained a subset of the amendments to AB 98 that are currently contained in the bill. The Senate Rules Committee referred the bill back to the Committee pursuant to Senate Rule 29.10(b) when the author amended it on the Senate Floor to add many new provisions modifying AB 98 that present significant changes from when the bill was heard in Committee. Under Rule 29.10(b), the Committee has three choices at its September 10th hearing: (1) hold the bill, (2) return the bill as approved to the Senate Floor, or (3) re-refer the bill to the Appropriations Committee.
7. Related legislation. SB 415 (Reyes), which the Committee approved at its April 30th hearing on a vote of 7-0, is identical to AB 735. That measure is pending in the Assembly Local Government Committee on a referral pursuant to Assembly Rule 77.2. The authors of both AB 735 and SB 415 have committed to a joint process that moves identical bills through the Legislature.
Assembly Actions
Assembly Local Government Committee: 8-0
Assembly Appropriations Committee: 11-1
Assembly Floor: 61-4
Support and Opposition
(7/3/25)
Support: American Planning Association, California Chapter
California State Association of Counties (CSAC)
League of California Cities
Rural County Representatives of California (RCRC)
Valley Industry and Commerce Association (VICA)
Opposition: None received
-- END --
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 735 |
THIRD READING
Bill No: AB 735
Author: Carrillo (D), et al.
Amended: 9/9/25 in Senate
Vote: 21
PRIOR SENATE VOTES NOT RELEVANT
SENATE LOCAL GOVERNMENT COMMITTEE: 5-0, 9/10/25
AYES: Durazo, Choi, Cabaldon, Laird, Wiener
NO VOTE RECORDED: Arreguín, Seyarto
ASSEMBLY FLOOR: 61-4, 6/4/25 - See last page for vote
SUBJECT: Planning and zoning: logistics use developments: truck routes
SOURCE: Author
DIGEST:
This bill makes various changes to AB 98 (J. Carrillo and Reyes, Chapter 931, Statutes of 2024), which regulates warehouse development.
Senate Floor Amendments of 9/5/25 make numerous additional changes to AB 98, including to: (1) allow cities and counties outside of the warehouse concentration region (WCR) to adopt truck routes via an ordinance instead of updating their circulation element; (2) revise enforcement provisions of local agency truck routes and truck routing plans adopted by logistics use development operators, including to require the California Highway Patrol (CHP) to offer training to local law enforcement on commercial vehicle laws; (3) address issues related to conflicting local agency standards; (4) and make other changes.
ANALYSIS:
Existing law:
- Allows, pursuant to the California Constitution, cities and counties to “make and enforce within its limits, all local, police, sanitary and other ordinances and regulations not in conflict with general laws.”
- Provides additional powers and duties for cities and counties regarding land use under the Planning and Zoning Law, including to require every county and city to adopt a general plan that sets out planned uses for all of the area covered by the plan. A general plan must include specified mandatory “elements,” including a circulation element consisting of the general location and extent of existing and proposed major thoroughfares, transportation routes, terminals, any military airports and ports, and other local public utilities and facilities.
- Establishes minimum requirements that must be met for local agencies to approve development of new or expanded logistics uses (warehouses) on or after January 1, 2026 that have loading bays within 900 feet of schools, homes, daycares, nursing homes, hospitals, and parks or playgrounds (“sensitive receptors”), pursuant to AB 98.
- Establishes stricter standards, as specified, in the warehouse concentration region (WCR), which includes Counties of Riverside and San Bernardino and the Cities of Chino, Colton, Fontana, Jurupa Valley, Moreno Valley, Ontario, Perris, Rancho Cucamonga, Redlands, Rialto, Riverside, and San Bernardino.
- Mandates that all cities and counties update their general plan’s circulation element by January 1, 2028 (or January 1, 2026 for jurisdictions in the WCR) to designate truck routes that avoid residential areas and sensitive receptors, maximizing the use of highways and major arterials.
- Requires a logistics use that demolishes any housing unit that was occupied in the last 10 years, it must replace those units with two units of moderate- or low-income housing per one housing unit demolished, as specified. If residential dwellings are affected through purchase, the developer must provide any displaced tenant with an amount equivalent to 12 months’ rent at the current rate.
This bill:
- Revises the definition of "logistics use" and instead defines "logistic use development" to mean a building that is "primarily used as a warehouse for the movement or storage of cargo, goods or products," as specified.
- Specifies "logistics use development" does not include a building that serves a primary agricultural use that is actively operated for a single period of 90 days or less each year.
- Specifies that the following types of land shall not be considered a sensitive receptor:
- Land that will be used to ensure the public's right of access to the sea or other public access pursuant to the California Coastal Act or the McAteer-Petris Act.
- Land that is developed at or adjacent to an airport or a seaport for the express purpose of creating a buffer area between a sensitive area and an airport or seaport facility.
- Specifies that a truck loading bay must be located on the side of logistics use development that is away from the nearest sensitive receptor, instead of the side opposite from a sensitive receptor.
- Clarifies a separate entrance to a logistics use development or logistics park for heavy-duty trucks may include a driveway with a lane dedicated to heavy-duty trucks and lane dedicated for other vehicles.
- Provides that, for purposes of the bill, a "rezone" does not include land that meets both of the following requirements:
- The land is annexed by a jurisdiction through a boundary change.
- The zoning in the new jurisdiction is consistent with the zoning assigned by the original jurisdiction.
- Clarifies that a buffer area may include other hardscape, access, and passenger parking improvements and may include any landscaped areas within a public right-of-way or public or private pedestrian walkways.
- Prohibits a city, county, or city and county (jurisdiction) from adopting or enforcing any ordinance, standard, rule, or regulation that would have the effect of physically precluding a logistics use development from complying with AB 98, but provides that a city or county may adopt or enforce requirements that prohibit or physically preclude a logistics use on a parcel.
- Specifies a local road is considered to predominantly serve commercial, agricultural, or industrial uses if more than 50% of the properties fronting the road within 1,000 feet of the sites' truck entrances and exits are designated for commercial, agricultural, or industrial use.
- Allows jurisdictions to waive the requirement that a logistics use development be sited on specified roadways for sites with an existing industrial or agricultural zone for an agricultural-related logistics use project, as specified.
- Requires jurisdictions outside of the warehouse concentration region to adopt an ordinance, instead of updating their circulation element, to establish truck routes by January 1 2028 or January 1, 2030 for cities with a population equal to, or less than, 50,000 persons or a county with a population equal to, or less than, 100,000 persons, as specified.
- Requires, on and after January 1, 2028, or January 1, 2030, for cities with a population equal to, or less than, 50,000 persons or a county with a population equal to, or less than, 100,000 persons, all proposed development of a logistics use development to be accessible via arterial roads, major thoroughfares, or local roads that predominantly serve commercial, agricultural, or industrial uses, as specified.
- Allows a jurisdiction to regulate traffic from a primary agricultural use facility, defined a primary agricultural use facility as logistics use facility that is less than 20,000 square feet, located in an unincorporated area, in which one or more agricultural commodities or forest products is produced, processed, or packaged, and that may include storage of those commodities or products incidental to production, processing, or packaging.
- Requires cities and counties that adopt a truck routing ordinance to:
- Post specified signage to identify truck routes, truck parking and truck idling locations.
- Make truck routes publicly available in geographic information system (GIS) format and share GIS maps of the truck routes with warehouse operators, fleet operators, and truck drivers.
- Engage in specified community and public outreach activities.
- Provides that the requirement to adopt a truck routing ordinance shall not apply to a jurisdiction that did not have a logistics use development as of January 1, 2025. However, if any new proposed logistics use developments are approved, the jurisdiction shall adopt a truck routing ordinance within two years after the date of final approval of the logistics use development.
- Deletes the Attorney General's (AG's) authorization to fine a jurisdiction that does not update its circulation element within the required timelines, and instead allows the AG to bring an action against a jurisdiction that does not comply as specified. Provides, if a jurisdiction has been found by a court to be in violation of 11) through 15) above, the jurisdiction shall be subject to any of the following:
- A civil penalty of up to $50,000 every six months, as specified.
- All costs of investigating and prosecuting this action, including expert fees, reasonable attorney's fees, and costs.
- Other relief deemed appropriate by the court.
- Requires the court to consider whether there were any mitigating circumstances delaying the jurisdiction from coming into compliance with the provisions of 11) through 15). The bill also allows the court to consider whether a jurisdiction is making a good faith effort to come into substantial compliance or is facing substantial undue hardship.
- Requires that any civil penalties collected shall be paid to the AG and, upon appropriation by the Legislature, shall be distributed by the AG and returned to the local air quality management district in which the civil penalty was imposed for the district's efforts to improve air quality.
- Strikes the requirement that a truck routing plan include enforcement measures and requires that the logistics use development operator be responsible for communication of the truck routing plan internally and to external parties who may dispatch trucks to the facility.
- Provides that the bill shall not be construed to expand or restrict any authority that the planning director may have pursuant to any local ordinance or regulation to regulate hours of operation.
- Requires, on or before January 1, 2027, the Department of California Highway Patrol (CHP) to make all of the following available to city and county law enforcement agencies:
- At no charge, training on enforcement of laws related to commercial vehicles, including truck route enforcement.
- Couse completion certificates for any city and county law enforcement personnel who have completed the training in a) above.
- Requires all cities and counties that are required to update a circulation element or to adopt a truck routing ordinance to have at least one enforcement officer that has received a completion certificate by the date on which that ordinance is adopted.
- Provides that the bill shall not be construed to require CHP to provide training for which it has not received funding or to require a jurisdiction to have an enforcement officer that has received a course completion certificate if CHP has not made the training described in 21) above available to law enforcement personnel at no charge.
- Makes additional technical, clarifying, and conforming changes.
Background
As approved last year by the Legislature, AB 98 establishes standards for logistics uses to be located on larger roads, unless it is impractical to do so, and establishes, among other requirements:
- Minimum distances (setbacks) between loading bays and the property line of a sensitive receptor of 300 feet if the project is proposed on land that is zoned for industrial use, or 500 feet if not;
- Buffer zones around the properties that screen sensitive receptors using trees and walls;
- Site design requirements, such as orienting loading bays on the opposite side of the facility from sensitive receptors where feasible; and
- Building electrification requirements; and operational requirements (including phased-in mandates for zero-emission forklifts and other equipment, where feasible).
The law also requires developers replace any demolished housing on a two-for-one basis with affordable units, along with providing relocation payments to displaced tenants. AB 98 applies stricter criteria to logistics uses in the WCR. Among other things, all new or expanded logistics uses in the WCR must have a 500-foot setback from nearby sensitive receptors.
Logistics uses under 250,000 square feet do not have to meet as stringent standards, including no required setbacks if they are on industrial land. The law also includes specific exemptions for certain projects already existing or in the planning process before September 30, 2024.
Furthermore, AB 98 mandates that all cities and counties update their general plan’s circulation element by January 1, 2028 (or January 1, 2026 for jurisdictions in the WCR) to designate truck routes that avoid residential areas and sensitive receptors, maximizing the use of highways and major arterials. The law includes requirements for public input and making route maps publicly available.
Finally, AB 98 directs the South Coast Air Quality Management District to conduct air quality monitoring near warehouses in Riverside and San Bernardino Counties and report on pollution impacts to evaluate the effectiveness of the mandated setbacks. As approved by the Legislature, AB 98 included some provisions that were unclear. The author wants to make clarifying changes to AB 98 to improve its implementation.
Comments
Purpose of this bill. According to the author, “Last year, AB 98 established statewide standards for the siting, design, development, and operation of warehouses. AB 735 follows in AB 98’s momentum and makes technical and clarifying changes to the state law established by AB 98. This bill responds to the questions my office has received from a wide range of stakeholders on how AB 98 should be implemented.”
Keep on truckin’. Current law requires local governments to update their circulation elements with truck routing plans. Cities and counties say that updating the circulation element will be challenging because this update will trigger a host of other laws requiring changes to their general plans, and that there are at least three counties that have a sole planning staffer to do the work. AB 735 instead allows communities outside the WCR to adopt truck routes via ordinance, which is a simpler process, instead of updating their circulation element. The bill also includes other measures to ease implementation of the truck routing provisions for cities and counties, including to give an additional two years to adopt the ordinance for smaller jurisdictions outside of the WCR, to only require jurisdictions that have logistics uses within their communities to develop truck routes, and to limit penalties for cities and counties that have made good faith efforts to comply.
Getting physical. AB 98 established a wide range of standards for building and site design for logistics uses. Logistics use developers are concerned that a local government might have standards that conflict with requirements in AB 98 and therefore make it physically impossible to build a warehouse that complies both with local requirements and state law. For example, if a local government prohibits walls of higher than six feet, a developer could not comply with both AB the local requirement and AB 98’s requirement that walls be at least 10 feet tall. AB 735 proposes changes to specify that local agencies cannot adopt or enforce standards that would prohibit or have the effect of physically precluding specified standards contained in AB 98. This provision may override some specific local government standards. However, the bill’s limitation does not apply to setbacks from sensitive receptors, meaning that local governments clearly can require additional setbacks. Additionally, the bill contains a provision that states generally that local governments can still adopt or enforce standards that physically preclude or prohibit a logistics use as a whole on a particular parcel. This provision is intended to ensure that local governments can still impose standards that exceed AB 98’s standards.
Related/Prior legislation
SB 415 (Reyes, 2025) is substantively similar to this bill. As of 9/10/25, that measure is pending in the Assembly Local Government Committee. The authors of both this bill and SB 415 have committed to a joint process that moves similar bills through the Legislature in coordination.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
SUPPORT: (Verified 9/10/25)
American Planning Association, California Chapter
California State Association of Counties
League of California Cities
Rural County Representatives of California
Valley Industry and Commerce Association
OPPOSITION: (Verified 9/10/25)
None received
ASSEMBLY FLOOR: 61-4, 6/4/25
AYES: Addis, Aguiar-Curry, Ahrens, Alvarez, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Chen, Connolly, Davies, Elhawary, Fong, Gabriel, Gallagher, Garcia, Gipson, Mark González, Haney, Harabedian, Hart, Irwin, Jackson, Kalra, Krell, Lowenthal, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Papan, Patel, Pellerin, Quirk-Silva, Ramos, Ransom, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Schiavo, Schultz, Sharp-Collins, Solache, Stefani, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas
NOES: Alanis, DeMaio, Patterson, Sanchez
NO VOTE RECORDED: Castillo, Dixon, Ellis, Flora, Jeff Gonzalez, Hadwick, Hoover, Lackey, Lee, Macedo, Petrie-Norris, Soria, Ta, Tangipa
Prepared by: Anton Favorini-Csorba / L. GOV. / (916) 651-4119
9/10/25 11:51:08
**** END ****
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 735 |
THIRD READING
Bill No: AB 735
Author: Carrillo (D), et al.
Amended: 8/27/25 in Senate
Vote: 21
SENATE LOCAL GOVERNMENT COMMITTEE: 5-0, 7/9/25
AYES: Durazo, Arreguín, Cabaldon, Laird, Wiener
NO VOTE RECORDED: Choi, Seyarto
SENATE JUDICIARY COMMITTEE: 13-0, 7/15/25
AYES: Umberg, Niello, Allen, Arreguín, Ashby, Caballero, Durazo, Laird, Stern, Valladares, Wahab, Weber Pierson, Wiener
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 61-4, 6/4/25 - See last page for vote
SUBJECT: Planning and zoning: logistics use developments: truck routes
SOURCE: Author
DIGEST:
This bill makes various changes to AB 98 (J. Carrillo and Reyes, Chapter 931, Statutes of 2024), which regulates warehouse development.
Senate Floor Amendments of 8/27/25 provide that a local agency cannot deny specified walls or landscaping that meets the requirements included in AB 98 as part of a buffer between a logistics use and a sensitive receptor, and make other clarifying changes.
ANALYSIS:
Existing law:
- Allows, pursuant to the California Constitution, cities and counties to “make and enforce within its limits, all local, police, sanitary and other ordinances and regulations not in conflict with general laws.”
- Provides additional powers and duties for cities and counties regarding land use under the Planning and Zoning Law, including to require every county and city to adopt a general plan that sets out planned uses for all of the area covered by the plan. A general plan must include specified mandatory “elements,” including a circulation element consisting of the general location and extent of existing and proposed major thoroughfares, transportation routes, terminals, any military airports and ports, and other local public utilities and facilities.
- Establishes minimum requirements that must be met for local agencies to approve development of new or expanded logistics uses (warehouses) on or after January 1, 2026 that have loading bays within 900 feet of schools, homes, daycares, nursing homes, hospitals, and parks or playgrounds (“sensitive receptors”), pursuant to AB 98.
- Establishes stricter standards, as specified, in the warehouse concentration region (WCR), which includes Counties of Riverside and San Bernardino and the Cities of Chino, Colton, Fontana, Jurupa Valley, Moreno Valley, Ontario, Perris, Rancho Cucamonga, Redlands, Rialto, Riverside, and San Bernardino.
- Mandates that all cities and counties update their general plan’s circulation element by January 1, 2028 (or January 1, 2026 for jurisdictions in the WCR) to designate truck routes that avoid residential areas and sensitive receptors, maximizing the use of highways and major arterials.
- Requires a logistics use that demolishes any housing unit that was occupied in the last 10 years, it must replace those units with two units of moderate- or low-income housing per one housing unit demolished, as specified. If residential dwellings are affected through purchase, the developer must provide any displaced tenant with an amount equivalent to 12 months’ rent at the current rate.
This bill:
- Narrows the definition of “logistics use” to be a building that is primarily used as a warehouse for the movement or the storage of cargo, goods, or products, and excludes agricultural buildings that are operated for less than 90 consecutive days a year.
- Adds to this list of sensitive receptors land that will be used to ensure the public’s right of access to the sea pursuant to the California Coastal Act of 1976.
- Provides that nothing in AB 98 limits or precludes compliance with the Housing Crisis Act’s requirements and specify that a logistics use must first comply with that law’s requirements and then comply with any additional requirements imposed by AB 98.
- Delays implementation of the requirement for a city or county to update its circulation element to include truck routes outside of the WCR from January 1, 2028 until January 1, 2035 for cities with a population of 50,000 or fewer people or counties with a population of 100,000 or fewer in the unincorporated area of the county.
- Repeals the administrative fine authority for the attorney general (AG) and instead makes local governments that the AG finds have not made a good faith effort to comply subject to the following penalties:
- A civil penalty of up to $50,000 every six months, for each violation, accrued from the date of the violation until the violation is cured;
- All costs of investigating and prosecuting this action, including expert fees, reasonable attorney’s fees, and costs; and
- Other relief deemed appropriate by the court.
- Provides that civil penalties collected pursuant to the law must be paid to the AG.
- Modifies the existing definition “local roads that predominantly serve commercially oriented uses,” which defines that term to mean roads with 50% of the properties fronting the road within 1,000 feet are designated for commercial or industrial uses in the local zoning ordinance, to add agricultural uses to this list and states that the 1,000 foot length of road must be measured from the truck entrances and exits.
- Authorizes, as a means of meeting the requirement in existing law to provide a separate entrance for heavy-duty trucks from a truck route, the use of a driveway with a lane dedicated to heavy-duty trucks and a lane dedicated for other vehicles.
- Allows the buffers required by current law around logistics use developments to include hardscape, access, and other improvements, as specified.
- Provides that a local agency cannot deny specified walls or landscaping that meets the requirements included in existing law as part of a buffer between a logistics use and a sensitive receptor.
- Makes other changes that:
- State that the building codes that apply are those that are in effect at the time the building permit is issued, consistent with existing law;
- Ensure that all electrification requirements only apply if sufficient power is available;
- Consistently use the term “logistics use development” throughout the law in place of other varying words that referred to warehouses;
- Add the term “logistics park” to mean a development consisting of multiple buildings containing logistics use developments and make conforming changes throughout the law; and
- Make other technical changes.
Background
As approved last year by the Legislature, AB 98 establishes standards for logistics uses to be located on larger roads, unless it is impractical to do so, and establishes, among other requirements:
- Minimum distances (setbacks) between loading bays and the property line of a sensitive receptor of 300 feet if the project is proposed on land that is zoned for industrial use, or 500 feet if not;
- Buffer zones around the properties that screen sensitive receptors using trees and walls;
- Site design requirements, such as orienting loading bays on the opposite side of the facility from sensitive receptors where feasible; and
- Building electrification requirements; and operational requirements (including phased-in mandates for zero-emission forklifts and other equipment, where feasible).
The law also requires developers replace any demolished housing on a two-for-one basis with affordable units, along with providing relocation payments to displaced tenants.
AB 98 applies stricter criteria to logistics uses in the WCR. Among other things, all new or expanded logistics uses in the WCR must have a 500-foot setback from nearby sensitive receptors.
Logistics uses under 250,000 square feet do not have to meet as stringent standards, including no required setbacks if they are on industrial land. The law also includes specific exemptions for certain projects already existing or in the planning process before September 30, 2024.
Furthermore, AB 98 mandates that all cities and counties update their general plan’s circulation element by January 1, 2028 (or January 1, 2026 for jurisdictions in the WCR) to designate truck routes that avoid residential areas and sensitive receptors, maximizing the use of highways and major arterials. The law includes requirements for public input and making route maps publicly available.
Finally, AB 98 directs the South Coast Air Quality Management District to conduct air quality monitoring near warehouses in Riverside and San Bernardino Counties and report on pollution impacts to evaluate the effectiveness of the mandated setbacks.
As approved by the Legislature, AB 98 included some provisions that were unclear. The author wants to make clarifying changes to AB 98 to improve its implementation.
Comments
Purpose of this bill. According to the author, “Last year, AB 98 established statewide standards for the siting, design, development, and operation of warehouses. AB 735 follows in AB 98’s momentum and makes technical and clarifying changes to the state law established by AB 98. This bill responds to the questions my office has received from a wide range of stakeholders on how AB 98 should be implemented.”
There’s a long line of cars. The changes in AB 735 are largely minor in scope. Many organizations have submitted letters on this bill that identify additional changes to AB 98’s requirements that they are seeking, including business groups, cities and counties, environmental justice groups, and others. A few of the more significant requests include the following:
- Setback requirements. AB 98 imposed various buffers and setback requirements between warehouses and homes, schools, and other sensitive receptors. Environmental justice groups say that some local governments have cited AB 98 as a reason to reduce their local setback requirements for warehouses. These groups want to increase the setback and buffer requirements in state law;
- Warehouse expansion. AB 98 currently applies to logistics uses that expand the square footage of an existing logistics use by 20% or more. Business groups say it is unclear whether AB 98’s requirements apply if an existing logistics use is demolished and a new building is constructed in its place. They want to specifically allow demolition and reconstruction on the site of an existing logistics use without triggering AB 98’s requirements; and
- Truck routing. AB 98 requires local governments to update their circulation elements with truck routing plans. Cities and counties say that updating the circulation element will be challenging because this update will trigger a host of other laws requiring changes to their general plans, and that there are at least three counties that have a sole planning staffer to do the work. They want to be able to adopt an ordinance instead.
Related/Prior legislation
SB 415 (Reyes, 2025) is substantively similar to AB 735. That measure is pending in the Assembly Appropriations Committee. The authors of both AB 735 and SB 415 have committed to a joint process that moves similar bills through the Legislature in coordination.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
SUPPORT: (Verified 8/28/25)
Valley Industry and Commerce Association
OPPOSITION: (Verified 8/28/25)
None received
ASSEMBLY FLOOR: 61-4, 6/4/25
AYES: Addis, Aguiar-Curry, Ahrens, Alvarez, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Chen, Connolly, Davies, Elhawary, Fong, Gabriel, Gallagher, Garcia, Gipson, Mark González, Haney, Harabedian, Hart, Irwin, Jackson, Kalra, Krell, Lowenthal, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Papan, Patel, Pellerin, Quirk-Silva, Ramos, Ransom, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Schiavo, Schultz, Sharp-Collins, Solache, Stefani, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas
NOES: Alanis, DeMaio, Patterson, Sanchez
NO VOTE RECORDED: Castillo, Dixon, Ellis, Flora, Jeff Gonzalez, Hadwick, Hoover, Lackey, Lee, Macedo, Petrie-Norris, Soria, Ta, Tangipa
Prepared by: Anton Favorini-Csorba / L. GOV. / (916) 651-4119
8/28/25 17:03:40
**** END ****
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 735 |
THIRD READING
Bill No: AB 735
Author: Carrillo (D), et al.
Amended: 6/25/25 in Senate
Vote: 21
SENATE LOCAL GOVERNMENT COMMITTEE: 5-0, 7/9/25
AYES: Durazo, Arreguín, Cabaldon, Laird, Wiener
NO VOTE RECORDED: Choi, Seyarto
SENATE JUDICIARY COMMITTEE: 13-0, 7/15/25
AYES: Umberg, Niello, Allen, Arreguín, Ashby, Caballero, Durazo, Laird, Stern, Valladares, Wahab, Weber Pierson, Wiener
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 61-4, 6/4/25 - See last page for vote
SUBJECT: Planning and zoning: logistics use developments: truck routes
SOURCE: Author
DIGEST:
This bill makes various changes to AB 98 (J. Carrillo and Reyes, Chapter 931, Statutes of 2024), which regulates warehouse development.
ANALYSIS:
Existing law:
- Allows, pursuant to the California Constitution, cities and counties to “make and enforce within its limits, all local, police, sanitary and other ordinances and regulations not in conflict with general laws.”
- Provides additional powers and duties for cities and counties regarding land use under the Planning and Zoning Law, including to require every county and city to adopt a general plan that sets out planned uses for all of the area covered by the plan. A general plan must include specified mandatory “elements,” including a circulation element consisting of the general location and extent of existing and proposed major thoroughfares, transportation routes, terminals, any military airports and ports, and other local public utilities and facilities.
- Establishes minimum requirements that must be met for local agencies to approve development of new or expanded logistics uses (warehouses) on or after January 1, 2026 that have loading bays within 900 feet of schools, homes, daycares, nursing homes, hospitals, and parks or playgrounds (“sensitive receptors”), pursuant to AB 98.
- Establishes stricter standards, as specified, in the warehouse concentration region (WCR), which includes Counties of Riverside and San Bernardino and the Cities of Chino, Colton, Fontana, Jurupa Valley, Moreno Valley, Ontario, Perris, Rancho Cucamonga, Redlands, Rialto, Riverside, and San Bernardino.
- Mandates that all cities and counties update their general plan’s circulation element by January 1, 2028 (or January 1, 2026 for jurisdictions in the WCR) to designate truck routes that avoid residential areas and sensitive receptors, maximizing the use of highways and major arterials.
- Requires a logistics use that demolishes any housing unit that was occupied in the last 10 years, it must replace those units with two units of moderate- or low-income housing per one housing unit demolished, as specified. If residential dwellings are affected through purchase, the developer must provide any displaced tenant with an amount equivalent to 12 months’ rent at the current rate.
This bill:
- Narrows the definition of “logistics use” to be a building that is primarily used as a warehouse for the movement or the storage of cargo, goods, or products, and excludes agricultural buildings that are operated for less than 90 consecutive days a year.
- Adds to this list of sensitive receptors land that will be used to ensure the public’s right of access to the sea pursuant to the California Coastal Act of 1976.
- Provides that nothing in AB 98 limits or precludes compliance with the Housing Crisis Act’s requirements.
- Delays implementation of the requirement for a city or county to update its circulation element to include truck routes outside of the WCR from January 1, 2028 until January 1, 2035 for cities with a population of 50,000 or fewer people or counties with a population of 100,000 or fewer in the unincorporated area of the county.
- Repeals the administrative fine authority for the AG and instead makes local governments that the AG finds have not made a good faith effort to comply subject to the following penalties:
- A civil penalty of up to $50,000 every six months, for each violation, accrued from the date of the violation until the violation is cured;
- All costs of investigating and prosecuting this action, including expert fees, reasonable attorney’s fees, and costs; and
- Other relief deemed appropriate by the court.
- Provides that civil penalties collected pursuant to the law must be paid to the AG.
- Modifies the existing definition “local roads that predominantly serve commercially oriented uses,” which defines that term to mean roads with 50% of the properties fronting the road within 1,000 feet are designated for commercial or industrial uses in the local zoning ordinance, to add agricultural uses to this list and states that the 1,000 foot length of road must be measured from the truck entrances and exits.
- Makes other changes that:
- State that the building codes that apply are those that are in effect at the time the building permit is issued, consistent with existing law;
- Ensure that all electrification requirements only apply if sufficient power is available;
- Consistently use the term “logistics use development” throughout the law in place of other varying words that referred to warehouses; and
- Make other technical changes.
Background
As approved last year by the Legislature, AB 98 establishes standards for logistics uses to be located on larger roads, unless it is impractical to do so, and establishes, among other requirements:
- Minimum distances (setbacks) between loading bays and the property line of a sensitive receptor of 300 feet if the project is proposed on land that is zoned for industrial use, or 500 feet if not;
- Buffer zones around the properties that screen sensitive receptors using trees and walls;
- Site design requirements, such as orienting loading bays on the opposite side of the facility from sensitive receptors where feasible; and
- Building electrification requirements; and operational requirements (including phased-in mandates for zero-emission forklifts and other equipment, where feasible).
The law also requires developers replace any demolished housing on a two-for-one basis with affordable units, along with providing relocation payments to displaced tenants.
AB 98 applies stricter criteria to logistics uses in the WCR. Among other things, all new or expanded logistics uses in the WCR must have a 500-foot setback from nearby sensitive receptors.
Logistics uses under 250,000 square feet do not have to meet as stringent standards, including no required setbacks if they are on industrial land. The law also includes specific exemptions for certain projects already existing or in the planning process before September 30, 2024.
Furthermore, AB 98 mandates that all cities and counties update their general plan’s circulation element by January 1, 2028 (or January 1, 2026 for jurisdictions in the WCR) to designate truck routes that avoid residential areas and sensitive receptors, maximizing the use of highways and major arterials. The law includes requirements for public input and making route maps publicly available.
Finally, AB 98 directs the South Coast Air Quality Management District to conduct air quality monitoring near warehouses in Riverside and San Bernardino Counties and report on pollution impacts to evaluate the effectiveness of the mandated setbacks.
As approved by the Legislature, AB 98 included some provisions that were unclear. The author wants to make clarifying changes to AB 98 to improve its implementation.
Comments
Purpose of this bill. According to the author, “Last year, AB 98 established statewide standards for the siting, design, development, and operation of warehouses. AB 735 follows in AB 98’s momentum and makes technical and clarifying changes to the state law established by AB 98. This bill responds to the questions my office has received from a wide range of stakeholders on how AB 98 should be implemented.”
There’s a long line of cars. The changes in AB 735 are largely minor in scope. Many organizations have submitted letters on the bill that identify additional changes to AB 98’s requirements that they are seeking, including business groups, cities and counties, environmental justice groups, and others. A few of the more significant requests include the following:
Setback requirements. AB 98 imposed various buffers and setback requirements between warehouses and homes, schools, and other sensitive receptors. Environmental justice groups say that some local governments have cited AB 98 as a reason to reduce their local setback requirements for warehouses. These groups want to increase the setback and buffer requirements in state law;
Warehouse expansion. AB 98 currently applies to logistics uses that expand the square footage of an existing logistics use by 20% or more. Business groups say it is unclear whether AB 98’s requirements apply if an existing logistics use is demolished and a new building is constructed in its place. They want to specifically allow demolition and reconstruction on the site of an existing logistics use without triggering AB 98’s requirements; and
Truck routing. AB 98 requires local governments to update their circulation elements with truck routing plans. Cities and counties say that updating the circulation element will be challenging because this update will trigger a host of other laws requiring changes to their general plans, and that there are at least three counties that have a sole planning staffer to do the work. They want to be able to adopt an ordinance instead.
Related/Prior legislation
SB 415 (Reyes, 2025) is substantively similar to AB 735. That measure is pending in the Assembly Appropriations Committee. The authors of both AB 735 and SB 415 have committed to a joint process that moves similar bills through the Legislature in coordination.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
SUPPORT: (Verified 8/19/25)
Valley Industry and Commerce Association
OPPOSITION: (Verified 8/19/25)
None received
ASSEMBLY FLOOR: 61-4, 6/4/25
AYES: Addis, Aguiar-Curry, Ahrens, Alvarez, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Chen, Connolly, Davies, Elhawary, Fong, Gabriel, Gallagher, Garcia, Gipson, Mark González, Haney, Harabedian, Hart, Irwin, Jackson, Kalra, Krell, Lowenthal, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Papan, Patel, Pellerin, Quirk-Silva, Ramos, Ransom, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Schiavo, Schultz, Sharp-Collins, Solache, Stefani, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas
NOES: Alanis, DeMaio, Patterson, Sanchez
NO VOTE RECORDED: Castillo, Dixon, Ellis, Flora, Jeff Gonzalez, Hadwick, Hoover, Lackey, Lee, Macedo, Petrie-Norris, Soria, Ta, Tangipa
Prepared by: Anton Favorini-Csorba / L. GOV. / (916) 651-4119
8/20/25 23:15:56
**** END ****
Senator Thomas Umberg, Chair
2025-2026 Regular Session
Bill No: AB 735 (Author:Carrillo)
Version: June 25, 2025
Hearing Date: July 15, 2025
Fiscal: Yes
Urgency: No
Consultant: AM
SUBJECT
Planning and zoning: logistics use developments: truck routes
DIGEST
This bill makes various changes to the statutes that prescribe statewide warehouse design and build standards for any proposed new or expanded logistics use developments.
EXECUTIVE SUMMARY
Last year the Legislature enacted AB 98 (Juan Carillo, Ch. 931, Stats. 2024) in response to growing concerns about the effects of warehouses on the health of local communities. AB 98 prescribed various statewide warehouse design and build standards for any proposed new or expanded logistics use developments, as specified. Additionally, AB 98 required local agencies to update their circulation element by 2028 or by 2026 for jurisdictions in the “warehouse concentration region,” as provided. (Gov. Code § 65302.02.) To ensure compliance, AB 98 authorized the Attorney General (AG) to impose a civil penalty against a jurisdiction that is in violation of the updated circulation requirement of up to $50,000 every six months if the required updates are not made. (Id. at subd. (i).)
This bill seeks to provide clarity to the provisions of AB 98 and address implementation issues identified by stakeholders. The provision of the bill in this Committee’s jurisdiction is the AG enforcement provision. The bill is author sponsored. No timely support or opposition was received by the Committee. The bill passed the Senate Local Government Committee on a vote of 5 to 0.
PROPOSED CHANGES TO THE LAW
Existing law:
- Establishes design and operation standards, setback requirements, housing replacement requirements for non-deed restricted units, and requirements on truck routes for logistics use developments across California and the “warehouse concentration region”, as defined. (Gov. Code §§ 65098-65098.9.)
- Requires local agencies to update their circulation element by 2028 or by 2026 for jurisdictions in the “warehouse concentration region,” as provided. (Gov. Code § 65302.02.)
- Authorizes the Attorney General (AG) to enforce the requirements in 2), above, and to impose a fine against a jurisdiction that is in violation of up to $50,000 every six months if the required updates under 2), above, are not made. (Id. at subd. (i).)
This bill:
- Makes various changes to the requirements on truck routes for logistics use developments across California and the “warehouse concentration region”, including:
- ensuring that all electrification requirements only apply if sufficient power is available;
- providing that the building codes that apply are those that are in effect at the time the building permit is issued; and
- standardizing terms and other technical changes.
- Revises the implementation dates for updating a circulation element to January 1, 2028 for a city with a population that is greater than 50,000 persons or a county with a population that is greater than 100,000 persons. For a city with a population that is equal to, or less than, 50,000 persons or a county with a population that is equal to, or less than, 100,000 persons the implementation date is by January 1, 2035.
- The population of a county shall be determined based upon the population of the unincorporated areas.
- Provides that a jurisdiction that has been found by the AG not to have made a good faith effort to meet the requirement of updating the circulation element is subject to all of the following:
- a civil penalty of $50,000 every six months, for each violation, accrued from the date of the violation until the violation is cured;
- all costs of investigating and prosecuting an action by the AG, including expert fees, reasonable attorney’s fees, and costs; and
- other relief deemed appropriate by the court, including equitable and injunctive relief.
- Requires the civil penalties collected pursuant to 3), above, to be paid to the office of the Attorney General. Provides that, upon appropriation by the Legislature, any civil penalties collected shall be distributed by the Attorney General and returned to the local air quality management district in which the civil penalty was imposed and be used for the district’s efforts to improve air quality.
- Specifies that the liability, penalties, and remedies imposed by 3), above, are in addition to any other liability, penalties, and remedies imposed by any other law.
COMMENTS
- Stated need for the bill
The author writes:
Last year, AB 98 established statewide standards for the siting, design, development, and operation of warehouses. AB 735 follows in AB 98’s momentum and makes technical and clarifying changes to the state law established by AB 98. This bill responds to the questions my office has received from a wide range of stakeholders on how AB 98 should be implemented.
- AB 98 (Juan Carillo, Ch. 931, Stats. 2024)
Last year the Legislature enacted AB 98 (Juan Carillo, Ch. 931, Stats. 2024) in response to growing concerns about the effects of warehouses on the health of local communities.
AB 98 prescribes various statewide warehouse design and build standards for any proposed new or expanded logistics use developments, as specified, including, among other things, standards for building design and location, parking, truck loading bays, landscaping buffers, entry gates, and signage. In order to ensure these standards were adopted by local jurisdictions, AB 98 required local agencies to update their circulation element by 2028 or by 2026 for jurisdictions in the “warehouse concentration region,” as provided. (Gov. Code § 65302.02.) To ensure compliance, AB 98 authorized the AG to impose a fine against a jurisdiction that is in violation of updated circulation requirement of up to $50,000 every six months if the required updates are not made. (Id. at subd. (i).)
This bill makes various changes to the AG enforcement provision. First, the bill only authorizes a civil penalty to be assessed against a jurisdiction that has been found by the AG not to have made a good faith effort to meet the circulation element update requirements. Second, the bill authorizes the AG to receive all costs of investigating and prosecuting an action to enforce the circulation element update provisions, including expert fees, reasonable attorney’s fees, and costs. Lastly, the bill authorizes other relief deemed appropriate by the court, including equitable and injunctive relief, to be granted.
- Stakeholders
This Committee received no timely support or opposition for the bill. Numerous stakeholders, both businesses and local governments, have submitted letters of concern or support if amended seeking various changes to this bill.
The League of California Cities writes they are appreciative of recent amendments, including “a good-faith-enforcement provision for cities and counties to complete the Circulation Element update. This would allow local governments working in good faith to not have punitive and costly fines when they are attempting to meet the intent of the law.” They are seeking further amendments to:
- Remove the Circulation Element requirements if a local government does not have any proposed new or expanded logistic use development within their jurisdiction, consistent with the Senate’s request last session for this clean up legislation.
- Allow flexibility for how cities and counties meet the truck route requirements through adopted ordinances or local transportation plans to effectively implement these measures, rather than solely in the Circulation Element in the General Plan.
- Clarify that the Circulation Element update does not trigger the mobility requirements from SB 932 (2022), including the principles of the Federal Highway Administration's Safe System Approach and development of bicycle plans, which would need to be completed under the same timelines as the AB 98 Circulation Element update.
- Avoid unintended consequences like preventing industrial development on rural lands and allow truck traffic to access local roads, so as to ensure logistic use development is located away from sensitive receptors.
A coalition of various business organizations, including the California Retailers Association and the California Grocers Association, write seeking changes on the following items to “ensure clarity, predictability, and practical application of AB 98’s original intent[:]”
- Clarifies that existing industrial property can be redeveloped with more environmentally friendly buildings (specifically states the intent that older buildings can be demolished and replaced with newer [more environmental superior] buildings).
- Buffer Area Clarification (clarifies that the buffer does not need to be 100% landscaping).
- Internal Circulation / Orientation of the Buildings (clarifies environmentally superior land use planning about onsite loading dock and truck circulation).
- Multiple Building over 250,000 are not subject to more stringent standards and buildings more than 900 feet away from sensitive receptor not subject to design/operational restrictions.
SUPPORT
None received
OPPOSITION
None received
RELATED LEGISLATION
Pending Legislation: SB 415 (Reyes, 2025) is identical to this bill. SB 415 is currently pending in the Assembly Local Government Committee.
Prior Legislation: AB 98 (Juan Carrillo, Ch. 931, Stats. 2024) see Comment 2.
PRIOR VOTES
Senate Local Government Committee (Ayes 5, Noes 0)
Assembly Floor (Ayes 61, Noes 4)
Assembly Appropriations Committee (Ayes 11, Noes 1)
Assembly Local Government Committee (Ayes 8, Noes 0)
**************
ASSEMBLY THIRD READING
ATR Bill Id:AB 735
Author:(Carrillo)
As Amended Ver:April 24, 2025
Majority vote
SUMMARY
Changes the timelines in AB 98 (Carrillo, Reyes), Chapter 931, Statutes of 2024, (AB 98) for local agencies to update their circulation element and make clarifying and conforming changes to law established by AB 98.
Major Provisions
- Clarifies that logistics uses must meet or exceed all requirements of the most current building energy efficiency standards in effect at the time the building permit is issued.
- Clarifies that trucks are prohibited from idling at loading bays if the truck is capable of plugging in at the loading bay and sufficient power is available.
- Clarifies that the definition of "logistics use" applies to a building that is a "warehouse that is primarily used as a warehouse for the movement or storage of cargo, goods or products."
- Provides that a building that serves a primary agricultural use that is actively operate for a single period of 90 days or less each year is not a "logistics use", as defined.
- Provides that land that will be used to ensure the public's right of access to the sea pursuant to the California Coastal Act, as specified, is not a "sensitive receptor", as defined.
- Clarifies that the "warehouse concentration region" includes the unincorporated area within the Counties of Riverside and San Bernardino.
- Provides that the protection afforded to a proposed logistics use development in the entitlement process, before September 30, 2024, shall not apply if "construction activity" does not begin within five years from the date the entitlement process was completed, instead of "development activity."
- Provides that local roads shall be considered to predominantly serve commercial uses if more than 50% of the properties fronting the road within 1,000 feet of the sites truck entrances and exits are designed for commercial or industrial use.
- Clarifies that the housing replacement provisions of AB 98 are not in conflict with existing housing law relating to the replacement of affordable housing units that have been demolished, as specified.
- Requires the county or city to maximize use of arterial roads, major thoroughfares, and local roads that predominantly serve commercial and agricultural uses, instead of "predominantly commercially oriented local streets", when state or interstate highways are not utilized.
- Requires major or minor collector streets and local roads that predominantly serve commercial or agricultural uses, instead of "commercially oriented uses".
- Requires cities or counties to provide for posting of conspicuous signage to identify truck routes and additional signage for truck parking and appropriate location for idling and parking, instead of "idling facility locations".
- Requires cities or counties that are not in the warehouse concentration region to update their circulation elements within the following timelines
- A city with a population that is greater than 50,000 persons or a county with a population that is greater than 100,000 persons shall implement the provisions of AB 98 by January 1, 2028.
- A city with a population that is equal to, or less than, 50,000 persons or a county with a population that is equal to, or less than, 100,000 persons shall implement the provisions of AB 98 by January 1, 2035.
- Requires, for purposes of 13), above, the population of a county to be determined by the population of the unincorporated areas.
- Authorizes the Attorney General to impose a fine against a jurisdiction that is in violation of AB 98 if the required updates have not been made and the Attorney General finds that the jurisdiction has not made a good faith effort to meet the requirements of AB 98.
- Provides that no reimbursement is required by this bill pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this bill, as specified.
- Includes various technical and conforming changes.
COMMENTS
- Logistics Development in California. The proliferation of e-commerce and consumer expectations for rapid shipping contributed to a boom in warehouse development in California. The Environmental Justice Bureau at the Department of Justice (DOJ) notes that in the Inland Empire alone, 150 million square feet of new industrial space was developed from 2009-2019, and that 21 of the largest 100 logistics leases signed in 2019 were located in the Inland Empire.
- AB 98 of 2024. In response to growing concerns about the effects of warehouses on sensitive receptors, the Legislature enacted AB 98 (Carrillo and Reyes, 2024). AB 98 establishes minimum requirements that must be met for local agencies to approve development of new or expanded logistics uses (warehouses) on or after January 1, 2026 that have loading bays within 900 feet of schools, homes, daycares, nursing homes, hospitals, and parks or playgrounds. These standards require logistics uses to be located on larger roads, unless it is impractical to do so, and establishes, among other requirements:
- Minimum distances (setbacks) between loading bays and the property line of a sensitive receptor of 300 feet if the project is proposed on land that is zoned for industrial use, or 500 feet if not;
- Buffer zones around the properties that screen sensitive receptors using trees and walls;
- Site design requirements, such as orienting loading bays on the opposite side of the facility from sensitive receptors where feasible; and
- Building electrification requirements; and operational requirements (including phased-in mandates for zero-emission forklifts and other equipment, where feasible).
The law also requires developers replace any demolished housing on a two-for-one basis with affordable units, along with providing relocation payments to displaced tenants.
AB 98 applies stricter criteria to logistics uses in the warehouse concentration region (WCR), which includes Counties of Riverside and San Bernardino and the Cities of Chino, Colton, Fontana, Jurupa Valley, Moreno Valley, Ontario, Perris, Rancho Cucamonga, Redlands, Rialto, Riverside, and San Bernardino. Among other things, all new or expanded logistics uses in the WCR must have a 500-foot setback from nearby sensitive receptors.
Logistics uses under 250,000 square feet do not have to meet as stringent standards, including no required setbacks if they are on industrial land. The law also includes specific exemptions for certain projects already existing or in the planning process before September 30, 2024.
Furthermore, AB 98 mandates that all cities and counties update their general plan’s circulation element by January 1, 2028 (or January 1, 2026 for jurisdictions in the WCR) to designate truck routes that avoid residential areas and sensitive receptors, maximizing the use of highways and major arterials. The law includes requirements for public input and making route maps publicly available.
Finally, AB 98 directs the South Coast Air Quality Management District to conduct air quality monitoring near warehouses in Riverside and San Bernardino Counties and report on pollution impacts to evaluate the effectiveness of the mandated setbacks.
According to the Author
"Last year, AB 98 established statewide standards for the siting, design, development, and operation of warehouses. AB 735 follows in AB 98's momentum and makes technical and clarifying changes to the state law established by AB 98. This bill responds to the questions my office has received from a wide range of stakeholders on how AB 98 should be implemented."
Arguments in Support
The City of La Verne writes in support, "AB 735 provides important clarifying changes that help to clean up and improve the implementation of Assembly Bill 98 (AB 98). The initial provisions of AB 98 imposed uniform timelines that posed significant compliance challenges for smaller jurisdictions. By refining these requirements, AB 735 allows for a more practical, phased approach to ensure all cities can meet the state's logistics planning and air quality goals without compromising local operations.
"This extension supports the City's commitment to responsible planning, community safety, and compliance with state environmental and public health goals, while recognizing the operational realities of smaller municipalities."
Arguments in Opposition
Madera County writes in opposition to a previous version of the bill, "Effective January 1, 2025, AB 98 requires specific standards on new or expanded logistic use and warehouse developments on existing and rezoned industrial sites, where the development is within 900 feet of a sensitive receptor. The law requires all local governments to update their circulation elements, for some jurisdictions as early as January 1, 2026, to include logistic use development related information, including truck routes, signage, parking, and idling, and authorizes the Attorney General to fine local jurisdictions $50,000 every six months if they are not in compliance with the law.
"While both AB 735 and SB 415 were initially amended on March 26, 2025, we are submitting our letter of concerns position until both measures include the attached local government priorities as amendments for the AB 98 clean up. These modest revisions will help ensure the law can be implemented effectively:
- Allow flexibility for how cities, towns and counties meet the truck route requirements, including through adopted ordinances or other plans, rather than the General Plan, to effectively implement these measures.
- Provide a Good Faith Effort provision protecting local governments working in good faith to update their circulation elements from enforcement actions by the Attorney General.
- Avoid unintended consequences that could pose impacts on local communities.
- Support for general clarification to provisions and definitions to ensure clarity regarding zoning standards, land use authority, and consistency of terms in the law.”
FISCAL COMMENTS
None.
VOTES
ASM LOCAL GOVERNMENT: 8-0-2
YES: Carrillo, Pacheco, Ramos, Ransom, Blanca Rubio, Stefani, Ward, Wilson
ABS, ABST OR NV: Ta, Hoover
ASM APPROPRIATIONS: 11-1-3
YES: Wicks, Arambula, Calderon, Caloza, Elhawary, Fong, Mark González, Hart, Pacheco, Pellerin, Solache
NO: Sanchez
ABS, ABST OR NV: Dixon, Ta, Tangipa
UPDATED
VERSION: April 24, 2025
CONSULTANT: Linda Rios / L. GOV. / (916) 319-3958 FN: 0000442
Date of Hearing: May 14, 2025
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Buffy Wicks, Chair
ABPCA Bill Id:AB 735
Author:(Carrillo) – As Amended Ver:April 24, 2025
Policy Committee: | Local Government | Vote: | 8 - 0 |
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Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill makes several substantive and numerous clarifying changes to AB 98 (Carrillo, Reyes), Chapter 931, Statutes of 2024 (AB 98), which imposed minimum requirements for new or expanded warehouses.
Major provisions include:
- Exempts a building that serves a primary agricultural use that actively operates for a single period of 90 days or less each year from the definition of “logistics use.”
- Provides that land that will be used to ensure the public’s right of access to the sea pursuant to the California Coastal Act, as specified, is not a “sensitive receptor”, as defined.
- Requires a local road be considered to predominantly serve a commercial use if more than 50% of the properties fronting the road within 1,000 feet of the site’s truck entrances and exits are designed for commercial or industrial use.
- Extends the timeline for cities or counties outside the warehouse concentration region to update their circulation elements to allow a city with a population equal to, or less than, 50,000 persons or a county with an unincorporated population equal to, or less than, 100,000 persons must implement the provisions of AB 98.
- Modifies the authorization for the Attorney General to fine a jurisdiction if it has not made the required updates to its circulation element to also require the AG find the jurisdiction has not made a good faith effort to do so.
FISCAL EFFECT:
No state costs. Local costs of an unknown amount to each city and county to implement the changes in this bill. These costs are not reimbursable by the state because local agencies have general authority to charge and adjust planning and permitting fees to offset increased costs associated with the provisions of this bill.
Because many of the changes in this bill modify the requirements in AB 98, most of which do not take effect until January 1, 2026, this bill may reduce AB 98’s implementation costs for some local jurisdictions.
COMMENTS:
- Purpose. This bill is a cleanup measure to last year’s AB 98. According the author:
Last year, AB 98 established statewide standards for the siting, design, development, and operation of warehouses. [This bill] follows in AB 98’s momentum and makes technical and clarifying changes to the state law established by AB 98. This bill responds to the questions my office has received from a wide range of stakeholders on how AB 98 should be implemented.
- Background. Last year, the Legislature enacted AB 98 in response to growing concerns about the effects of warehouses on sensitive receptors. Beginning January 1, 2026, AB 98 establishes minimum requirements local agencies must meet to approve development of new or expanded logistics uses (warehouses) that have loading bays within 900 feet of sensitive receptors, including schools, residences, daycare facilities, nursing homes, hospitals, and parks or playgrounds.
These standards require logistics uses to be located on larger roads, unless it is impractical to do so, and establish, among other requirements, minimum setbacks between loading bays and sensitive receptors, buffer zones around warehouse properties, specified site design requirements, and building electrification requirements, as specified. Stricter criteria are applied to logistics uses in the warehouse concentration region, which includes the Counties of Riverside and San Bernardino and the Cities of Chino, Colton, Fontana, Jurupa Valley, Moreno Valley, Ontario, Perris, Rancho Cucamonga, Redlands, Rialto, Riverside, and San Bernardino.
Existing law requires a city or county to update its circulation element to include designated and signed truck routes by January 1, 2026 in the warehouse concentration region, and by January 1, 2028 for jurisdictions in the rest of the state. AB 98 also authorizes the AG to fine a local jurisdiction $50,000 every six months for failure to meet this requirement.
This bill extends the timelines in AB 98 directing cities and counties outside the warehouse concentration region to update circulation elements from 2028 to 2035 for smaller jurisdictions. The bill also limits the authority for the AG to impose penalties on local jurisdictions who do not meet the timelines for updating circulation elements to those that have not shown a good faith effort to comply. In addition, this bill allows agricultural roads to be used as truck routes and exempts a building that serves a primary agricultural use that actively operates for 90 days or less each year from the definition of a “logistics use.” The bill also includes in the definition of a “sensitive receptor” land that will be used to ensure the public’s right of access to the sea pursuant to the California Coastal Act of 1976. The bill also contains numerous clarifying and technical changes to assist the implementation of AB 98.
This bill is identical to SB 415 (Reyes), which is pending in the Senate Appropriations Committee. Both bills are likely to be further amended to make additional changes and to split provisions between the two bills. Discussions with various stakeholders and interested parties are ongoing.
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
Date of Hearing: April 30, 2025
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Juan Carrillo, Chair
ABPCA Bill Id:AB 735 (
Author:Carrillo) – As Amended Ver:April 24, 2025
SUBJECT: Planning and zoning: logistics use: truck routes
SUMMARY: Changes the timelines in AB 98 (Carrillo, Reyes), Chapter 931, Statutes of 2024, (AB 98) for local agencies to update their circulation element and make clarifying and conforming changes to law established by AB 98. Specifically, this bill:
- Clarifies that logistics uses must meet or exceed all requirements of the most current building energy efficiency standards in effect at the time the building permit is issued.
- Clarifies that trucks are prohibited from idling at loading bays if the truck is capable of plugging in at the loading bay and sufficient power is available.
- Clarifies that the definition of “logistics use” applies to a building that is a “warehouse that is primarily used as a warehouse for the movement or storage of cargo, goods or products.”
- Provides that a building that serves a primary agricultural use that is actively operate for a single period of 90 days or less each year is not a “logistics use”, as defined.
- Provides that land that will be used to ensure the public’s right of access to the sea pursuant to the California Coastal Act, as specified, is not a “sensitive receptor”, as defined.
- Clarifies that the “warehouse concentration region” includes the unincorporated area within the Counties of Riverside and San Bernardino.
- Provides that the protection afforded to a proposed logistics use development in the entitlement process, before September 30, 2024, shall not apply if “construction activity” does not begin within 5 years from the date the entitlement process was completed, instead of “development activity.”
- Provides that local roads shall be considered to predominantly serve commercial uses if more than 50% of the properties fronting the road within 1,000 feet of the sites truck entrances and exits are designed for commercial or industrial use.
- Clarifies that the housing replacement provisions of AB 98 are not in conflict with existing housing law relating to the replacement of affordable housing units that have been demolished, as specified.
- Requires the county or city to maximize use of arterial roads, major thoroughfares, and local roads that predominantly serve commercial and agricultural uses, instead of “predominantly commercially oriented local streets”, when state or interstate highways are not utilized.
- Requires major or minor collector streets and local roads that predominantly serve commercial or agricultural uses, instead of “commercially oriented uses”.
- Requires cities or counties to provide for posting of conspicuous signage to identify truck routes and additional signage for truck parking and appropriate location for idling and parking, instead of “idling facility locations”.
- Requires cities or counties that are not in the warehouse concentration region to update their circulation elements within the following timelines
- A city with a population that is greater than 50,000 persons or a county with a population that is greater than 100,000 persons shall implement the provisions of AB 98 by January 1, 2028.
- A city with a population that is equal to, or less than, 50,000 persons or a county with a population that is equal to, or less than, 100,000 persons shall implement the provisions of AB 98 by January 1, 2035.
- Requires, for purposes of 13) above, the population of a county to be determined by the population of the unincorporated areas.
- Authorizes the Attorney General to impose a fine against a jurisdiction that is in violation of AB 98 if the required updates have not been made and the Attorney General finds that the jurisdiction has not made a good faith effort to meet the requirements of AB 98.
- Provides that no reimbursement is required by this bill pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this bill, as specified.
- Includes various technical and conforming changes.
EXISTING LAW:
- Establishes, pursuant to AB 98 (Carrillo, Reyes), Chapter 931, Statutes of 2024, design and operation standards, setback requirements, housing replacement requirements for non-deed restricted units, and requirements on truck routes for logistics use developments across California and the “warehouse concentration region”, as defined by the bill. [Government (GOV) § 65098-65098.9]
- Requires local agencies to update their circulation element by 2028 or by 2026 for jurisdictions in the “warehouse concentration region.” (GOV § 65302.02)
- Requires the South Coast Air Quality Management District (SCAQMD) to monitor air quality and collect air pollution measurements in communities near logistics use operations in Riverside and San Bernardino Counties. [Health and Safety Code (HSC) § 40458.5]
- Requires SCAQMD to establish a process for receiving community input on how any penalties for violations of the Warehouse Indirect Source Rule are spent. (HSC § 40522.7)
FISCAL EFFECT: This bill is keyed fiscal and contains a state mandated local program.
COMMENTS:
- Bill Summary. This bill extends the timelines in AB 98 for jurisdictions with a population equal to, or less than, 50,000 persons or a county with a population that is equal to, or less than, 100,000 persons from 2028 to 2035. This bill allows agricultural roads to be used in the truck routes and exempts a building that serves a primary agricultural use that is actively operates for a single period of 90 days or less each year from the definition of a “logistics use.” The bill also contains clarifying and technical changes that to assist the implementation of AB 98.
This bill is author sponsored.
- Author’s Statement. According the author, “Last year, AB 98 established statewide standards for the siting, design, development, and operation of warehouses. AB 735 follows in AB 98’s momentum and makes technical and clarifying changes to the state law established by AB 98. This bill responds to the questions my office has received from a wide range of stakeholders on how AB 98 should be implemented.”
- Logistics Development in California. The proliferation of e-commerce and consumer expectations for rapid shipping contributed to a boom in warehouse development in California. The Environmental Justice Bureau at the Department of Justice (DOJ) notes that in the Inland Empire alone, 150 million square feet of new industrial space was developed from 2009-2019, and that 21 of the largest 100 logistics leases signed in 2019 were located in the Inland Empire.
- Best Practices and Mitigation Measures. DOJ adopted a guidance memo titled Warehouse Projects: Best Practices and Mitigation Measures to Comply with the California Environmental Quality Act, last updated September 2022. The memo identifies best practices for avoiding and mitigating impacts associated with warehouse development. The memo relies heavily on research prepared by the California Air Resources Board (CARB). Among the recommendations proposed in the memo related to the siting and design of warehouses, the memo notes that a best practice includes "Per CARB guidance, siting warehouse facilities so that their property lines are at least 1,000 feet from the property lines of the nearest sensitive receptors." The underlying data the memo cites in support of this recommendation found an 80% drop off in the concentration of diesel particulate matter emissions from distribution centers at approximately 1,000 feet. CARB and the South Coast Air Quality Management District (SCAQMD) analyses indicate that providing a separation of 1,000 feet would substantially reduce diesel particulate matter concentrations and public exposure downwind of a distribution center.
- CEQA and Local Approval. CEQA requires public agencies to study and mitigate, to the extent feasible, the environmental impacts of proposed projects, providing a key protection for the environment and residents of California. Under CEQA, a local agency carrying out a discretionary project must first determine if the project may have a significant effect on the environment. If a local agency finds that the potential for significant environmental impacts exists, CEQA requires the agency to prepare and certify the completion of an EIR.
A lead agency may approve a project with unavoidable (unmitigated) adverse environmental impacts. When doing so, CEQA requires the agency to make a statement in the record of its views on the ultimate balancing of the merits of approving the project despite the environmental impacts in a "statement of overriding considerations." Approval of discretionary projects such as warehouse facilities is subject to CEQA and the lead agency must prepare an EIR if the project may have potentially significant environmental impacts.
In practice, cities and counties may exercise this authority to approve projects that may significantly impact local residents. For example, the City of Perris prepared a Statement of Facts and Findings and Overriding Considerations for a proposed logistics development involving more than 1.7 million square feet of warehouse space. The City found in the Final EIR that the proposed project, located 300 feet from existing residents, would create long-term operational emission and cumulative criteria pollutants that constituted significant and unavoidable impacts. However, the City found such unmitigated effects were acceptable in view of specified overriding considerations. Among the overriding considerations cited were the creation of 685 new jobs and an estimated increase of $215,000 in additional city tax revenue. - Stockton and Fontana Warehouse Settlement Agreements. In 2022, DOJ reached two separate settlement agreements with the City of Fontana and the City of Stockton relative to their approval of warehouse developments. In both settlements, DOJ intervened during the CEQA process where the city was acting as the lead agency approving a warehouse development. In the City of Fontana, DOJ filed a lawsuit against the city in July of 2021 challenging its approval of the project and arguing that Fontana's limited environmental review violated CEQA. In the City of Stockton, DOJ submitted letters to the city outlining concerns that its environmental review of the proposed warehouse project failed to adopt all feasible mitigation measures as required by CEQA. In April of 2022, DOJ announced a settlement agreement with the City of Fontana, the warehouse developer, and other litigants in the case. In December of 2022, DOJ announced a settlement agreement with the City of Stockton regarding its approval of warehouse developments.
- CARB Clean Truck Rules. In 2020, CARB adopted the Advanced Clean Truck (ACT) regulation to accelerate a large-scale transition to zero-emission medium-and heavy-duty vehicles from Class 2b to Class 8. One component of the regulation is a manufacturer sales requirement. Manufacturers who certify Class 2b-8 chassis or complete vehicles with combustion engines would be required to sell zero-emission trucks as an increasing percentage of their annual California sales from 2024 to 2035. By 2035, zero-emission truck/chassis sales would need to be 55% of Class 2b– 3 truck sales, 75% of Class 4 – 8 straight truck sales, and 40% of truck tractor sales.
To further the transition to a zero-emission fleet, at the end of 2020, Governor Newsom issued Executive Order (EO) N-79-20, which requires 100% of medium- and heavy-duty vehicles in the state be zero-emission by 2045 for all operations where feasible and by 2035 for drayage trucks. EO N-79-20 charges CARB with developing and proposing medium- and heavy-duty vehicle regulations requiring increasing volumes of new zero-emission trucks and buses sold and operated in the state towards that goal. CARB has finalized the Advanced Clean Fleet regulation, which sets a schedule for light-duty, medium-duty, and heavy-duty vehicles to meet zero-emission goals. - South Coast Indirect Source Rule (ISR). In 2021, the SCAQMD adopted the Warehouse ISR, which requires warehouses greater than 100,000 square feet to directly reduce nitrogen oxide (NOx) and diesel particulate matter (PM) emissions, or to otherwise reduce emissions and exposure of these pollutants in nearby communities.
As part of the rule, warehouse operators will need to earn a specified number of points annually. These points can be earned by completing actions from a menu that includes acquiring and using natural gas near-zero and/or zero-emission on-road trucks, zero-emission cargo handling equipment, solar panels, or zero-emission charging and fueling infrastructure and more. As alternatives to the points system, warehouse operators can prepare and implement a custom plan specific to their site or choose to pay a mitigation fee. Funds from mitigation fees will be used to incentivize the purchase of cleaner trucks and charging/fueling infrastructure in communities near the warehouse that paid the mitigation fee. - General Plans. State law provides additional powers and duties for cities and counties regarding land use. Each city and county must prepare and periodically update a comprehensive, long-range general plan to guide future planning decisions. The general plan has seven mandatory elements: land use, circulation, housing, conservation, open-space, noise, and safety. General plans must also either include an eighth element on environmental justice, or incorporate environmental justice concerns throughout the other elements. Cities and counties may adopt optional elements that address issues of their choosing, and once adopted, those elements have the same legal force as the mandatory elements. The general plan must be "internally consistent," which means the various elements cannot have conflicting information or assumptions.
Although state law spells out the plans' minimum contents, it also says local officials can address these topics to the extent to which they exist in their cities and counties, and with a specificity and level of detail reflecting local circumstances. Similarly, state law does not require cities and counties to regularly revise their general plans (except for the housing element, which must generally be revised every eight years). - Circulation Element. The circulation element identifies the general location and extent of existing and proposed major thoroughfares, transportation routes, terminals, and other local public utilities and facilities. Generally, this element contains detailed maps, standards for operation, policies, and financing plans. It serves as an infrastructure plan and must correlate with the land use element.
- AB 98 of 2024. In response to growing concerns about the effects of warehouses on sensitive receptors, the Legislature enacted AB 98 (Carrillo and Reyes, 2024). AB 98 establishes minimum requirements that must be met for local agencies to approve development of new or expanded logistics uses (warehouses) on or after January 1, 2026 that have loading bays within 900 feet of schools, homes, daycares, nursing homes, hospitals, and parks or playgrounds. These standards require logistics uses to be located on larger roads, unless it is impractical to do so, and establishes, among other requirements:
- Minimum distances (setbacks) between loading bays and the property line of a sensitive receptor of 300 feet if the project is proposed on land that is zoned for industrial use, or 500 feet if not;
- Buffer zones around the properties that screen sensitive receptors using trees and walls;
- Site design requirements, such as orienting loading bays on the opposite side of the facility from sensitive receptors where feasible; and
- Building electrification requirements; and operational requirements (including phased-in mandates for zero-emission forklifts and other equipment, where feasible).
The law also requires developers replace any demolished housing on a two-for-one basis with affordable units, along with providing relocation payments to displaced tenants.
AB 98 applies stricter criteria to logistics uses in the warehouse concentration region (WCR), which includes Counties of Riverside and San Bernardino and the Cities of Chino, Colton, Fontana, Jurupa Valley, Moreno Valley, Ontario, Perris, Rancho Cucamonga, Redlands, Rialto, Riverside, and San Bernardino. Among other things, all new or expanded logistics uses in the WCR must have a 500-foot setback from nearby sensitive receptors.
Logistics uses under 250,000 square feet do not have to meet as stringent standards, including no required setbacks if they are on industrial land. The law also includes specific exemptions for certain projects already existing or in the planning process before September 30, 2024.
Furthermore, AB 98 mandates that all cities and counties update their general plan’s circulation element by January 1, 2028 (or January 1, 2026 for jurisdictions in the WCR) to designate truck routes that avoid residential areas and sensitive receptors, maximizing the use of highways and major arterials. The law includes requirements for public input and making route maps publicly available.
Finally, AB 98 directs the South Coast Air Quality Management District to conduct air quality monitoring near warehouses in Riverside and San Bernardino Counties and report on pollution impacts to evaluate the effectiveness of the mandated setbacks.
- Related Legislation. SB 415 (Reyes) Makes various changes to AB 98 (Carrillo and Reyes, 2024), which regulates warehouse development.
- Previous Legislation. AB 1000 (Reyes, 2023), which died in the Assembly Local Government Committee, contained similar provisions to AB 2840, but would have allowed setbacks as low as 500 feet if specified mitigation requirements were met.
AB 1748 (Ramos, 2023), which died in the Assembly Appropriations Committee, would have required specified local agencies to impose a 300-foot setback requirement on parcels that are adjacent to sensitive receptors and include a warehouse that is larger than 400,000 square feet unless the local agency adopts specified alternative policies.
AB 2840 (Reyes, 2022), which died in the Senate Governance and Finance Committee, would have required cities and counties within the Counties of Riverside and San Bernardino to impose setbacks of 1,000 feet from residences, schools, and other sensitive receptors, or equivalently protective alternative measures, as specified.
- Arguments in Support. This City of Victorville has a support if amended position and writes in, “In general, AB 98 affects new warehousing developments by requiring that significant buffer space be created between the warehouse building and any sensitive receptor. Sensitive receptors are generally being described as homes, hospitals, schools, and public recreational areas. The bill would also require all local governments to update their circulation element to establish truck routes among other things so that warehouse trucking can't impact such sensitive receptors. This bill, as approved by the legislature, directly impacts development that has been proposed in support of our adopted specific plan at SCLA. Notably, properties along Adelanto Road, adjacent to Amazon and Dr. Pepper along with Nevada Street where warehouse operations of Mars Inc., and Newell-Rubbermaid exit, and where we are seeing the next wave of development occurring. Altogether the bill negatively impacts our City due to the unknown cost associated with updating our circulation element unnecessarily and it impairs close to 30 years of effort placed by this City on re-developing the former George Airforce Base. Therefore, the City respectfully requests an exemption be applied for former military bases as part of the clean-up legislation.”
- Arguments in Opposition. Madera County writes in opposition, “Effective January 1, 2025, AB 98 requires specific standards on new or expanded logistic use and warehouse developments on existing and rezoned industrial sites, where the development is within 900 feet of a sensitive receptor. The law requires all local governments to update their circulation elements, for some jurisdictions as early as January 1, 2026, to include logistic use development related information, including truck routes, signage, parking, and idling, and authorizes the Attorney General to fine local jurisdictions $50,000 every six months if they are not in compliance with the law.
“While both AB 735 and SB 415 were initially amended on March 26, 2025, we are submitting our letter of concerns position until both measures include the attached local government priorities as amendments for the AB 98 clean up. These modest revisions will help ensure the law can be implemented effectively:
1. Allow flexibility for how cities, towns and counties meet the truck route requirements, including through adopted ordinances or other plans, rather than the General Plan, to effectively implement these measures.
2. Provide a Good Faith Effort provision protecting local governments working in good faith to update their circulation elements from enforcement actions by the Attorney General.
3. Avoid unintended consequences that could pose impacts on local communities.
4. Support for general clarification to provisions and definitions to ensure clarity regarding zoning standards, land use authority, and consistency of terms in the law.”
REGISTERED SUPPORT / OPPOSITION:
Support
City of Victorville (If Amended)
Opposition
Madera County
Analysis Prepared by: Linda Rios / L. GOV. / (916) 319-3958
Discussed in Hearing
Senate Standing Committee on Local Government
Senate Standing Committee on Judiciary
Senate Standing Committee on Local Government
Assembly Floor
Assembly Standing Committee on Appropriations
Assembly Standing Committee on Local Government
Bill Author
Bill Co-Author(s):