CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2632Introduced by Assembly Member Wilson(Coauthor: Assembly Member Chen)(Coauthor: Senator Newman)February 14, 2024 An act to add Article 10.11 (commencing with Section 65630) to Chapter 3 of Division 1 of Title 7 of the Government Code, relating to land use. LEGISLATIVE COUNSEL'S DIGESTAB 2632, as introduced, Wilson. Planning and zoning: thrift retail stores.(1) Existing law, the Planning and Zoning Law, among other things, requires the legislative body of each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city and of any land outside its boundaries that relates to its planning. Existing law authorizes the legislative body, if it deems it to be in the public interest, to amend all or part of an adopted general plan, as provided. Existing law also authorizes the legislative body of any county or city, pursuant to specified procedures, to adopt ordinances that, among other things, regulate the use of buildings, structures, and land as between industry, business, residences, open space, and other purposes.This bill would prohibit a city, including a charter city, a county, or a city and county, from treating a thrift retail store, as defined, differently from a nonthrift retail store for purposes of zoning, development standards, or permitting. The bill would allow a city, county, or city and county to require that thrift retail stores meet certain aesthetic or design standards, as prescribed. The bill would prohibit a city, including a charter city, a county, or a city and county, from prohibiting a thrift retail store from receiving used and donated items for sale in the store or other thrift retail stores, or reuse or recycling, or both reuse and recycling, through other means.By imposing additional duties on local officials, the bill would impose a state-mandated local program.(2) The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.(3) 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Article 10.11 (commencing with Section 65630) is added to Chapter 3 of Division 1 of Title 7 of the Government Code, to read: Article 10.11. Thrift Retail Stores65630. (a) The Legislature finds and declares all of the following:(1) The 2020 annual report, as published by the Department of Resources Recycling and Recovery, found that California is falling far short of the state diversion goal of 75 percent in 2020.(2) A significant portion of the waste stream into California landfills is composed of clothing and household goods that have not reached the end of their usefulness. Discarded clothing remains the largest source of textile waste in the world, with the average United States citizen throwing away 81 pounds of clothing each year, 95 percent of which could have been reworn or repurposed. Yet, 85 percent of this material ends up in landfills. According to the Ellen MacArthur Foundation, one garbage truck of textiles is landfilled or incinerated every second.(3) California faces a growing problem in siting and approving sufficient landfill space. Landfill siting and the expansion of current landfill facilities are controversial and landfills create the potential for significant adverse environmental impacts.(4) Discarding still-usable clothing and household goods increase greenhouse gas emissions by stimulating production of replacement goods and adding greenhouse gas emissions along the continuum of product manufacture, transportation, warehousing, and delivery.(5) Recent years have seen an increase in consumer interest in purchasing used clothing and smaller household items from retail establishments that specialize in selling such goods, commonly referred to as thrifting and thrift retail establishments. Thrift accounted for approximately 60 percent of the total secondhand market in 2021. As of June 2022, more than one in three shoppers in the United States, and nearly one-half of Canadian shoppers, surveyed reported caring more about the environmental impact of their apparel choices today than they did three years ago.(6) Thrift retail establishments are identical to other retail establishments in terms of local impacts on traffic, parking, and other land use topics. In addition, given that thrift establishments divert reusable goods from landfills in furtherance of important statewide policy, those establishments provide environmental benefits that nonthrift retail establishments do not.(b) Therefore, it is the intent of the Legislature that local governments be prohibited from classifying or otherwise treating thrift retail establishments differently than nonthrift retail establishments, subject to certain limitations contained in this article.65631. As used in this article, thrift retail store means a retail store and related donation facilities engaged primarily in the sale of secondhand clothing, shoes, apparel, toys, and standard household goods, such as furniture, fixtures, and small household appliances, and the collection of those goods for resale. Thrift retail store does not include the sale of large household appliances such as refrigerators or stoves and does not include the sale of cars or anything automotive-related.65632. (a) A city, including a charter city, a county, or a city and county, shall not treat a thrift retail store differently from a nonthrift retail store for purposes of zoning, development standards, including, but not limited to, height, size, parking requirements, or setbacks from adjacent uses, or permitting. A city, county, or city and county may require that thrift retail stores meet certain aesthetic or design standards, including design review approval, provided those standards or design review, or both, are also required of nonthrift retail stores.(b) A city, including a charter city, a county, or a city and county, shall not prohibit a thrift retail store from receiving used and donated items for sale in the store or other thrift retail stores, or reuse or recycling, or both reuse and recycling, through other means.SEC. 2. The Legislature finds and declares that reducing the waste stream of discarded clothing and household goods to state landfills by facilitating the siting of thrift retail establishments is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act, adding Article 10.11 (commencing with Section 65630) to Chapter 3 of Division 1 of Title 7 of the Government Code, applies to all cities, including charter cities.SEC. 3. 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.
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2632Introduced by Assembly Member Wilson(Coauthor: Assembly Member Chen)(Coauthor: Senator Newman)February 14, 2024 An act to add Article 10.11 (commencing with Section 65630) to Chapter 3 of Division 1 of Title 7 of the Government Code, relating to land use. LEGISLATIVE COUNSEL'S DIGESTAB 2632, as introduced, Wilson. Planning and zoning: thrift retail stores.(1) Existing law, the Planning and Zoning Law, among other things, requires the legislative body of each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city and of any land outside its boundaries that relates to its planning. Existing law authorizes the legislative body, if it deems it to be in the public interest, to amend all or part of an adopted general plan, as provided. Existing law also authorizes the legislative body of any county or city, pursuant to specified procedures, to adopt ordinances that, among other things, regulate the use of buildings, structures, and land as between industry, business, residences, open space, and other purposes.This bill would prohibit a city, including a charter city, a county, or a city and county, from treating a thrift retail store, as defined, differently from a nonthrift retail store for purposes of zoning, development standards, or permitting. The bill would allow a city, county, or city and county to require that thrift retail stores meet certain aesthetic or design standards, as prescribed. The bill would prohibit a city, including a charter city, a county, or a city and county, from prohibiting a thrift retail store from receiving used and donated items for sale in the store or other thrift retail stores, or reuse or recycling, or both reuse and recycling, through other means.By imposing additional duties on local officials, the bill would impose a state-mandated local program.(2) The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.(3) 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 2632
Introduced by Assembly Member Wilson(Coauthor: Assembly Member Chen)(Coauthor: Senator Newman)February 14, 2024
Introduced by Assembly Member Wilson(Coauthor: Assembly Member Chen)(Coauthor: Senator Newman)
February 14, 2024
An act to add Article 10.11 (commencing with Section 65630) to Chapter 3 of Division 1 of Title 7 of the Government Code, relating to land use.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2632, as introduced, Wilson. Planning and zoning: thrift retail stores.
(1) Existing law, the Planning and Zoning Law, among other things, requires the legislative body of each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city and of any land outside its boundaries that relates to its planning. Existing law authorizes the legislative body, if it deems it to be in the public interest, to amend all or part of an adopted general plan, as provided. Existing law also authorizes the legislative body of any county or city, pursuant to specified procedures, to adopt ordinances that, among other things, regulate the use of buildings, structures, and land as between industry, business, residences, open space, and other purposes.This bill would prohibit a city, including a charter city, a county, or a city and county, from treating a thrift retail store, as defined, differently from a nonthrift retail store for purposes of zoning, development standards, or permitting. The bill would allow a city, county, or city and county to require that thrift retail stores meet certain aesthetic or design standards, as prescribed. The bill would prohibit a city, including a charter city, a county, or a city and county, from prohibiting a thrift retail store from receiving used and donated items for sale in the store or other thrift retail stores, or reuse or recycling, or both reuse and recycling, through other means.By imposing additional duties on local officials, the bill would impose a state-mandated local program.(2) The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.(3) 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.
(1) Existing law, the Planning and Zoning Law, among other things, requires the legislative body of each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city and of any land outside its boundaries that relates to its planning. Existing law authorizes the legislative body, if it deems it to be in the public interest, to amend all or part of an adopted general plan, as provided. Existing law also authorizes the legislative body of any county or city, pursuant to specified procedures, to adopt ordinances that, among other things, regulate the use of buildings, structures, and land as between industry, business, residences, open space, and other purposes.
This bill would prohibit a city, including a charter city, a county, or a city and county, from treating a thrift retail store, as defined, differently from a nonthrift retail store for purposes of zoning, development standards, or permitting. The bill would allow a city, county, or city and county to require that thrift retail stores meet certain aesthetic or design standards, as prescribed. The bill would prohibit a city, including a charter city, a county, or a city and county, from prohibiting a thrift retail store from receiving used and donated items for sale in the store or other thrift retail stores, or reuse or recycling, or both reuse and recycling, through other means.
By imposing additional duties on local officials, the bill would impose a state-mandated local program.
(2) The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
(3) 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.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Article 10.11 (commencing with Section 65630) is added to Chapter 3 of Division 1 of Title 7 of the Government Code, to read: Article 10.11. Thrift Retail Stores65630. (a) The Legislature finds and declares all of the following:(1) The 2020 annual report, as published by the Department of Resources Recycling and Recovery, found that California is falling far short of the state diversion goal of 75 percent in 2020.(2) A significant portion of the waste stream into California landfills is composed of clothing and household goods that have not reached the end of their usefulness. Discarded clothing remains the largest source of textile waste in the world, with the average United States citizen throwing away 81 pounds of clothing each year, 95 percent of which could have been reworn or repurposed. Yet, 85 percent of this material ends up in landfills. According to the Ellen MacArthur Foundation, one garbage truck of textiles is landfilled or incinerated every second.(3) California faces a growing problem in siting and approving sufficient landfill space. Landfill siting and the expansion of current landfill facilities are controversial and landfills create the potential for significant adverse environmental impacts.(4) Discarding still-usable clothing and household goods increase greenhouse gas emissions by stimulating production of replacement goods and adding greenhouse gas emissions along the continuum of product manufacture, transportation, warehousing, and delivery.(5) Recent years have seen an increase in consumer interest in purchasing used clothing and smaller household items from retail establishments that specialize in selling such goods, commonly referred to as thrifting and thrift retail establishments. Thrift accounted for approximately 60 percent of the total secondhand market in 2021. As of June 2022, more than one in three shoppers in the United States, and nearly one-half of Canadian shoppers, surveyed reported caring more about the environmental impact of their apparel choices today than they did three years ago.(6) Thrift retail establishments are identical to other retail establishments in terms of local impacts on traffic, parking, and other land use topics. In addition, given that thrift establishments divert reusable goods from landfills in furtherance of important statewide policy, those establishments provide environmental benefits that nonthrift retail establishments do not.(b) Therefore, it is the intent of the Legislature that local governments be prohibited from classifying or otherwise treating thrift retail establishments differently than nonthrift retail establishments, subject to certain limitations contained in this article.65631. As used in this article, thrift retail store means a retail store and related donation facilities engaged primarily in the sale of secondhand clothing, shoes, apparel, toys, and standard household goods, such as furniture, fixtures, and small household appliances, and the collection of those goods for resale. Thrift retail store does not include the sale of large household appliances such as refrigerators or stoves and does not include the sale of cars or anything automotive-related.65632. (a) A city, including a charter city, a county, or a city and county, shall not treat a thrift retail store differently from a nonthrift retail store for purposes of zoning, development standards, including, but not limited to, height, size, parking requirements, or setbacks from adjacent uses, or permitting. A city, county, or city and county may require that thrift retail stores meet certain aesthetic or design standards, including design review approval, provided those standards or design review, or both, are also required of nonthrift retail stores.(b) A city, including a charter city, a county, or a city and county, shall not prohibit a thrift retail store from receiving used and donated items for sale in the store or other thrift retail stores, or reuse or recycling, or both reuse and recycling, through other means.SEC. 2. The Legislature finds and declares that reducing the waste stream of discarded clothing and household goods to state landfills by facilitating the siting of thrift retail establishments is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act, adding Article 10.11 (commencing with Section 65630) to Chapter 3 of Division 1 of Title 7 of the Government Code, applies to all cities, including charter cities.SEC. 3. 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.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Article 10.11 (commencing with Section 65630) is added to Chapter 3 of Division 1 of Title 7 of the Government Code, to read: Article 10.11. Thrift Retail Stores65630. (a) The Legislature finds and declares all of the following:(1) The 2020 annual report, as published by the Department of Resources Recycling and Recovery, found that California is falling far short of the state diversion goal of 75 percent in 2020.(2) A significant portion of the waste stream into California landfills is composed of clothing and household goods that have not reached the end of their usefulness. Discarded clothing remains the largest source of textile waste in the world, with the average United States citizen throwing away 81 pounds of clothing each year, 95 percent of which could have been reworn or repurposed. Yet, 85 percent of this material ends up in landfills. According to the Ellen MacArthur Foundation, one garbage truck of textiles is landfilled or incinerated every second.(3) California faces a growing problem in siting and approving sufficient landfill space. Landfill siting and the expansion of current landfill facilities are controversial and landfills create the potential for significant adverse environmental impacts.(4) Discarding still-usable clothing and household goods increase greenhouse gas emissions by stimulating production of replacement goods and adding greenhouse gas emissions along the continuum of product manufacture, transportation, warehousing, and delivery.(5) Recent years have seen an increase in consumer interest in purchasing used clothing and smaller household items from retail establishments that specialize in selling such goods, commonly referred to as thrifting and thrift retail establishments. Thrift accounted for approximately 60 percent of the total secondhand market in 2021. As of June 2022, more than one in three shoppers in the United States, and nearly one-half of Canadian shoppers, surveyed reported caring more about the environmental impact of their apparel choices today than they did three years ago.(6) Thrift retail establishments are identical to other retail establishments in terms of local impacts on traffic, parking, and other land use topics. In addition, given that thrift establishments divert reusable goods from landfills in furtherance of important statewide policy, those establishments provide environmental benefits that nonthrift retail establishments do not.(b) Therefore, it is the intent of the Legislature that local governments be prohibited from classifying or otherwise treating thrift retail establishments differently than nonthrift retail establishments, subject to certain limitations contained in this article.65631. As used in this article, thrift retail store means a retail store and related donation facilities engaged primarily in the sale of secondhand clothing, shoes, apparel, toys, and standard household goods, such as furniture, fixtures, and small household appliances, and the collection of those goods for resale. Thrift retail store does not include the sale of large household appliances such as refrigerators or stoves and does not include the sale of cars or anything automotive-related.65632. (a) A city, including a charter city, a county, or a city and county, shall not treat a thrift retail store differently from a nonthrift retail store for purposes of zoning, development standards, including, but not limited to, height, size, parking requirements, or setbacks from adjacent uses, or permitting. A city, county, or city and county may require that thrift retail stores meet certain aesthetic or design standards, including design review approval, provided those standards or design review, or both, are also required of nonthrift retail stores.(b) A city, including a charter city, a county, or a city and county, shall not prohibit a thrift retail store from receiving used and donated items for sale in the store or other thrift retail stores, or reuse or recycling, or both reuse and recycling, through other means.
SECTION 1. Article 10.11 (commencing with Section 65630) is added to Chapter 3 of Division 1 of Title 7 of the Government Code, to read:
### SECTION 1.
Article 10.11. Thrift Retail Stores65630. (a) The Legislature finds and declares all of the following:(1) The 2020 annual report, as published by the Department of Resources Recycling and Recovery, found that California is falling far short of the state diversion goal of 75 percent in 2020.(2) A significant portion of the waste stream into California landfills is composed of clothing and household goods that have not reached the end of their usefulness. Discarded clothing remains the largest source of textile waste in the world, with the average United States citizen throwing away 81 pounds of clothing each year, 95 percent of which could have been reworn or repurposed. Yet, 85 percent of this material ends up in landfills. According to the Ellen MacArthur Foundation, one garbage truck of textiles is landfilled or incinerated every second.(3) California faces a growing problem in siting and approving sufficient landfill space. Landfill siting and the expansion of current landfill facilities are controversial and landfills create the potential for significant adverse environmental impacts.(4) Discarding still-usable clothing and household goods increase greenhouse gas emissions by stimulating production of replacement goods and adding greenhouse gas emissions along the continuum of product manufacture, transportation, warehousing, and delivery.(5) Recent years have seen an increase in consumer interest in purchasing used clothing and smaller household items from retail establishments that specialize in selling such goods, commonly referred to as thrifting and thrift retail establishments. Thrift accounted for approximately 60 percent of the total secondhand market in 2021. As of June 2022, more than one in three shoppers in the United States, and nearly one-half of Canadian shoppers, surveyed reported caring more about the environmental impact of their apparel choices today than they did three years ago.(6) Thrift retail establishments are identical to other retail establishments in terms of local impacts on traffic, parking, and other land use topics. In addition, given that thrift establishments divert reusable goods from landfills in furtherance of important statewide policy, those establishments provide environmental benefits that nonthrift retail establishments do not.(b) Therefore, it is the intent of the Legislature that local governments be prohibited from classifying or otherwise treating thrift retail establishments differently than nonthrift retail establishments, subject to certain limitations contained in this article.65631. As used in this article, thrift retail store means a retail store and related donation facilities engaged primarily in the sale of secondhand clothing, shoes, apparel, toys, and standard household goods, such as furniture, fixtures, and small household appliances, and the collection of those goods for resale. Thrift retail store does not include the sale of large household appliances such as refrigerators or stoves and does not include the sale of cars or anything automotive-related.65632. (a) A city, including a charter city, a county, or a city and county, shall not treat a thrift retail store differently from a nonthrift retail store for purposes of zoning, development standards, including, but not limited to, height, size, parking requirements, or setbacks from adjacent uses, or permitting. A city, county, or city and county may require that thrift retail stores meet certain aesthetic or design standards, including design review approval, provided those standards or design review, or both, are also required of nonthrift retail stores.(b) A city, including a charter city, a county, or a city and county, shall not prohibit a thrift retail store from receiving used and donated items for sale in the store or other thrift retail stores, or reuse or recycling, or both reuse and recycling, through other means.
Article 10.11. Thrift Retail Stores65630. (a) The Legislature finds and declares all of the following:(1) The 2020 annual report, as published by the Department of Resources Recycling and Recovery, found that California is falling far short of the state diversion goal of 75 percent in 2020.(2) A significant portion of the waste stream into California landfills is composed of clothing and household goods that have not reached the end of their usefulness. Discarded clothing remains the largest source of textile waste in the world, with the average United States citizen throwing away 81 pounds of clothing each year, 95 percent of which could have been reworn or repurposed. Yet, 85 percent of this material ends up in landfills. According to the Ellen MacArthur Foundation, one garbage truck of textiles is landfilled or incinerated every second.(3) California faces a growing problem in siting and approving sufficient landfill space. Landfill siting and the expansion of current landfill facilities are controversial and landfills create the potential for significant adverse environmental impacts.(4) Discarding still-usable clothing and household goods increase greenhouse gas emissions by stimulating production of replacement goods and adding greenhouse gas emissions along the continuum of product manufacture, transportation, warehousing, and delivery.(5) Recent years have seen an increase in consumer interest in purchasing used clothing and smaller household items from retail establishments that specialize in selling such goods, commonly referred to as thrifting and thrift retail establishments. Thrift accounted for approximately 60 percent of the total secondhand market in 2021. As of June 2022, more than one in three shoppers in the United States, and nearly one-half of Canadian shoppers, surveyed reported caring more about the environmental impact of their apparel choices today than they did three years ago.(6) Thrift retail establishments are identical to other retail establishments in terms of local impacts on traffic, parking, and other land use topics. In addition, given that thrift establishments divert reusable goods from landfills in furtherance of important statewide policy, those establishments provide environmental benefits that nonthrift retail establishments do not.(b) Therefore, it is the intent of the Legislature that local governments be prohibited from classifying or otherwise treating thrift retail establishments differently than nonthrift retail establishments, subject to certain limitations contained in this article.65631. As used in this article, thrift retail store means a retail store and related donation facilities engaged primarily in the sale of secondhand clothing, shoes, apparel, toys, and standard household goods, such as furniture, fixtures, and small household appliances, and the collection of those goods for resale. Thrift retail store does not include the sale of large household appliances such as refrigerators or stoves and does not include the sale of cars or anything automotive-related.65632. (a) A city, including a charter city, a county, or a city and county, shall not treat a thrift retail store differently from a nonthrift retail store for purposes of zoning, development standards, including, but not limited to, height, size, parking requirements, or setbacks from adjacent uses, or permitting. A city, county, or city and county may require that thrift retail stores meet certain aesthetic or design standards, including design review approval, provided those standards or design review, or both, are also required of nonthrift retail stores.(b) A city, including a charter city, a county, or a city and county, shall not prohibit a thrift retail store from receiving used and donated items for sale in the store or other thrift retail stores, or reuse or recycling, or both reuse and recycling, through other means.
Article 10.11. Thrift Retail Stores
Article 10.11. Thrift Retail Stores
65630. (a) The Legislature finds and declares all of the following:(1) The 2020 annual report, as published by the Department of Resources Recycling and Recovery, found that California is falling far short of the state diversion goal of 75 percent in 2020.(2) A significant portion of the waste stream into California landfills is composed of clothing and household goods that have not reached the end of their usefulness. Discarded clothing remains the largest source of textile waste in the world, with the average United States citizen throwing away 81 pounds of clothing each year, 95 percent of which could have been reworn or repurposed. Yet, 85 percent of this material ends up in landfills. According to the Ellen MacArthur Foundation, one garbage truck of textiles is landfilled or incinerated every second.(3) California faces a growing problem in siting and approving sufficient landfill space. Landfill siting and the expansion of current landfill facilities are controversial and landfills create the potential for significant adverse environmental impacts.(4) Discarding still-usable clothing and household goods increase greenhouse gas emissions by stimulating production of replacement goods and adding greenhouse gas emissions along the continuum of product manufacture, transportation, warehousing, and delivery.(5) Recent years have seen an increase in consumer interest in purchasing used clothing and smaller household items from retail establishments that specialize in selling such goods, commonly referred to as thrifting and thrift retail establishments. Thrift accounted for approximately 60 percent of the total secondhand market in 2021. As of June 2022, more than one in three shoppers in the United States, and nearly one-half of Canadian shoppers, surveyed reported caring more about the environmental impact of their apparel choices today than they did three years ago.(6) Thrift retail establishments are identical to other retail establishments in terms of local impacts on traffic, parking, and other land use topics. In addition, given that thrift establishments divert reusable goods from landfills in furtherance of important statewide policy, those establishments provide environmental benefits that nonthrift retail establishments do not.(b) Therefore, it is the intent of the Legislature that local governments be prohibited from classifying or otherwise treating thrift retail establishments differently than nonthrift retail establishments, subject to certain limitations contained in this article.
65630. (a) The Legislature finds and declares all of the following:
(1) The 2020 annual report, as published by the Department of Resources Recycling and Recovery, found that California is falling far short of the state diversion goal of 75 percent in 2020.
(2) A significant portion of the waste stream into California landfills is composed of clothing and household goods that have not reached the end of their usefulness. Discarded clothing remains the largest source of textile waste in the world, with the average United States citizen throwing away 81 pounds of clothing each year, 95 percent of which could have been reworn or repurposed. Yet, 85 percent of this material ends up in landfills. According to the Ellen MacArthur Foundation, one garbage truck of textiles is landfilled or incinerated every second.
(3) California faces a growing problem in siting and approving sufficient landfill space. Landfill siting and the expansion of current landfill facilities are controversial and landfills create the potential for significant adverse environmental impacts.
(4) Discarding still-usable clothing and household goods increase greenhouse gas emissions by stimulating production of replacement goods and adding greenhouse gas emissions along the continuum of product manufacture, transportation, warehousing, and delivery.
(5) Recent years have seen an increase in consumer interest in purchasing used clothing and smaller household items from retail establishments that specialize in selling such goods, commonly referred to as thrifting and thrift retail establishments. Thrift accounted for approximately 60 percent of the total secondhand market in 2021. As of June 2022, more than one in three shoppers in the United States, and nearly one-half of Canadian shoppers, surveyed reported caring more about the environmental impact of their apparel choices today than they did three years ago.
(6) Thrift retail establishments are identical to other retail establishments in terms of local impacts on traffic, parking, and other land use topics. In addition, given that thrift establishments divert reusable goods from landfills in furtherance of important statewide policy, those establishments provide environmental benefits that nonthrift retail establishments do not.
(b) Therefore, it is the intent of the Legislature that local governments be prohibited from classifying or otherwise treating thrift retail establishments differently than nonthrift retail establishments, subject to certain limitations contained in this article.
65631. As used in this article, thrift retail store means a retail store and related donation facilities engaged primarily in the sale of secondhand clothing, shoes, apparel, toys, and standard household goods, such as furniture, fixtures, and small household appliances, and the collection of those goods for resale. Thrift retail store does not include the sale of large household appliances such as refrigerators or stoves and does not include the sale of cars or anything automotive-related.
65631. As used in this article, thrift retail store means a retail store and related donation facilities engaged primarily in the sale of secondhand clothing, shoes, apparel, toys, and standard household goods, such as furniture, fixtures, and small household appliances, and the collection of those goods for resale. Thrift retail store does not include the sale of large household appliances such as refrigerators or stoves and does not include the sale of cars or anything automotive-related.
65632. (a) A city, including a charter city, a county, or a city and county, shall not treat a thrift retail store differently from a nonthrift retail store for purposes of zoning, development standards, including, but not limited to, height, size, parking requirements, or setbacks from adjacent uses, or permitting. A city, county, or city and county may require that thrift retail stores meet certain aesthetic or design standards, including design review approval, provided those standards or design review, or both, are also required of nonthrift retail stores.(b) A city, including a charter city, a county, or a city and county, shall not prohibit a thrift retail store from receiving used and donated items for sale in the store or other thrift retail stores, or reuse or recycling, or both reuse and recycling, through other means.
65632. (a) A city, including a charter city, a county, or a city and county, shall not treat a thrift retail store differently from a nonthrift retail store for purposes of zoning, development standards, including, but not limited to, height, size, parking requirements, or setbacks from adjacent uses, or permitting. A city, county, or city and county may require that thrift retail stores meet certain aesthetic or design standards, including design review approval, provided those standards or design review, or both, are also required of nonthrift retail stores.
(b) A city, including a charter city, a county, or a city and county, shall not prohibit a thrift retail store from receiving used and donated items for sale in the store or other thrift retail stores, or reuse or recycling, or both reuse and recycling, through other means.
SEC. 2. The Legislature finds and declares that reducing the waste stream of discarded clothing and household goods to state landfills by facilitating the siting of thrift retail establishments is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act, adding Article 10.11 (commencing with Section 65630) to Chapter 3 of Division 1 of Title 7 of the Government Code, applies to all cities, including charter cities.
SEC. 2. The Legislature finds and declares that reducing the waste stream of discarded clothing and household goods to state landfills by facilitating the siting of thrift retail establishments is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act, adding Article 10.11 (commencing with Section 65630) to Chapter 3 of Division 1 of Title 7 of the Government Code, applies to all cities, including charter cities.
SEC. 2. The Legislature finds and declares that reducing the waste stream of discarded clothing and household goods to state landfills by facilitating the siting of thrift retail establishments is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act, adding Article 10.11 (commencing with Section 65630) to Chapter 3 of Division 1 of Title 7 of the Government Code, applies to all cities, including charter cities.
### SEC. 2.
SEC. 3. 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.
SEC. 3. 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.
SEC. 3. 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.
### SEC. 3.