| 1 | | - | Amended IN Senate March 26, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 415Introduced by Senator Reyes(Principal coauthor: Assembly Member Carrillo)February 14, 2025An act relating to land use. An act to amend Sections 65098, 65098.1, 65098.1.5, 65098.3, 65098.4, 65098.6, and 65302.02 of the Government Code, and to amend Sections 40458.5 and 40522.7 of the Health and Safety Code, relating to land use.LEGISLATIVE COUNSEL'S DIGESTSB 415, as amended, Reyes. Planning and zoning: logistics use: truck routes.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 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 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.Assembly Bill 98 of the 202324 Regular Session, beginning January 1, 2026, prescribes various statewide warehouse design and build standards for any proposed new or expanded logistics use developments, as specified, and prohibits a city, county, or city and county from approving development of a logistics use that does not meet or exceed those standards. A.B. 98 of the 202324 Regular Session also, among other things, requires a county or city, by January 1, 2028, except as provided, to update their circulation element to include truck routes, and requires the South Coast Air Quality Management District, subject to an appropriation, and beginning on January 1, 2026, and until January 1, 2032, to 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, and to submit reports on its findings to the Legislature, as specified.This bill would state the intent of the Legislature to enact legislation relating to the implementation of Assembly Bill 98 of the 20232024 Regular Session.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 65098 of the Government Code is amended to read:65098. 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 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. 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 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 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), 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 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) (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. 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), 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. 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. 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. 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. 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 facility locations. 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. 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 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. 9. 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.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.SECTION 1.It is the intent of the Legislature to enact legislation relating to the implementation of Assembly Bill 98 of the 20232024 Regular Session. |
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| 1 | + | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 415Introduced by Senator Reyes(Principal coauthor: Assembly Member Carrillo)February 14, 2025 An act relating to land use. LEGISLATIVE COUNSEL'S DIGESTSB 415, as introduced, Reyes. Planning and zoning: logistics use: truck routes.Assembly Bill 98 of the 202324 Regular Session, beginning January 1, 2026, prescribes various statewide warehouse design and build standards for any proposed new or expanded logistics use developments, as specified, and prohibits a city, county, or city and county from approving development of a logistics use that does not meet or exceed those standards. A.B. 98 of the 202324 Regular Session also, among other things, requires a county or city, by January 1, 2028, except as provided, to update their circulation element to include truck routes, and requires the South Coast Air Quality Management District, subject to an appropriation, and beginning on January 1, 2026, and until January 1, 2032, to 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, and to submit reports on its findings to the Legislature, as specified.This bill would state the intent of the Legislature to enact legislation relating to the implementation of Assembly Bill 98 of the 20232024 Regular Session.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. It is the intent of the Legislature to enact legislation relating to the implementation of Assembly Bill 98 of the 20232024 Regular Session. |
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| 74 | | - | 65098. 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 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. 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 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 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), 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 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) (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. 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. |
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| 75 | | - | |
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| 76 | | - | 65098. 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 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. 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 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 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), 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 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) (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. 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. |
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| 77 | | - | |
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| 78 | | - | 65098. 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 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. 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 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 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), 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 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) (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. 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. |
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| 79 | | - | |
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| 80 | | - | |
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| 81 | | - | |
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| 82 | | - | 65098. As used in this chapter: |
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| 83 | | - | |
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| 84 | | - | (a) 21st century warehouse means a logistics use that meets all of the following: |
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| 85 | | - | |
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| 86 | | - | (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 building permit is issued, including, but not limited to, the following requirements related to: |
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| 87 | | - | |
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| 88 | | - | (A) Photovoltaic system installation and associated battery storage. |
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| 89 | | - | |
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| 90 | | - | (B) Cool roofing. |
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| 91 | | - | |
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| 92 | | - | (C) Medium- and heavy-duty vehicle charging readiness. |
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| 93 | | - | |
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| 94 | | - | (D) Light-duty electric vehicle charging readiness and installed charging stations. |
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| 95 | | - | |
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| 96 | | - | (2) Has skylights in at least 1 percent of the roof area, or equivalent LED efficient lighting. |
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| 97 | | - | |
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| 98 | | - | (3) (A) Provides conduits and electrical hookups at all loading bays serving cold storage. Idling |
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| 99 | | - | |
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| 100 | | - | (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. bay and sufficient power is available. |
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| 101 | | - | |
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| 102 | | - | (4) Ensures that any heating, ventilation, and air-conditioning is high-efficiency. |
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| 103 | | - | |
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| 104 | | - | (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. |
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| 105 | | - | |
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| 106 | | - | (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. |
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| 107 | | - | |
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| 108 | | - | (ii) Cost shall not be a factor in determining operational feasibility pursuant to this subparagraph. |
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| 109 | | - | |
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| 110 | | - | (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. |
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| 111 | | - | |
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| 112 | | - | (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. |
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| 113 | | - | |
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| 114 | | - | (ii) Cost shall not be a factor in determining operational feasibility pursuant to this subparagraph. |
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| 115 | | - | |
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| 116 | | - | (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. |
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| 117 | | - | |
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| 118 | | - | (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. |
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| 119 | | - | |
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| 120 | | - | (c) Heavy-duty truck means a class 7 or class 8 truck. As used in this subdivision: |
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| 121 | | - | |
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| 122 | | - | (1) Class 7 truck means a truck with a gross vehicle weight rating of 26,001 to 33,000 pounds. |
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| 123 | | - | |
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| 124 | | - | (2) Class 8 truck means a truck with a gross vehicle weight rating of greater than 33,000 pounds. |
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| 125 | | - | |
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| 126 | | - | (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: |
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| 127 | | - | |
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| 128 | | - | (1) Facilities where food or household goods are sold directly to consumers and are accessible to the public. |
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| 129 | | - | |
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| 130 | | - | (2) A building primarily served by rail to move cargo goods or product. |
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| 131 | | - | |
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| 132 | | - | (3) (A) A Strategic Intermodal Facility. |
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| 133 | | - | |
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| 134 | | - | (B) For purposes of this subdivision, Strategic Intermodal Facility means a project that satisfies all of the following requirements: |
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| 135 | | - | |
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| 136 | | - | (i) Logistics facilities, including warehousing and transloading facilities, served by rail. |
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| 137 | | - | |
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| 138 | | - | (ii) Intermodal freight transport services. |
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| 139 | | - | |
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| 140 | | - | (iii) All facility structures and related rail operations are located within a single site footprint. |
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| 141 | | - | |
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| 142 | | - | (e) Sensitive receptor means one or more of the following: |
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| 143 | | - | |
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| 144 | | - | (1) A residence, including, but not limited to, a private home, apartment, condominium unit, group home, dormitory unit, or retirement home. |
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| 145 | | - | |
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| 146 | | - | (2) A school, including, but not limited to, a preschool, prekindergarten, or school maintaining kindergarten or any of grades 1 to 12, inclusive. |
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| 147 | | - | |
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| 148 | | - | (3) A daycare facility, including, but not limited to, in-home daycare. |
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| 149 | | - | |
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| 150 | | - | (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. |
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| 151 | | - | |
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| 152 | | - | (5) Nursing homes, long-term care facilities, hospices, convalescent facilities, or similar live-in housing. |
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| 153 | | - | |
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| 154 | | - | (6) Hospitals, as defined in Section 128700 of the Health and Safety Code. |
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| 155 | | - | |
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| 156 | | - | (f) Small off-road engines means spark-ignition engines rated at or below 19 kilowatts. kilowatts or 25 horsepower or less. |
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| 157 | | - | |
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| 158 | | - | (g) Tier 1 21st century warehouse means a logistics use that meets all of the following: |
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| 159 | | - | |
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| 160 | | - | (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 building permit is issued, including, but not limited to, the following requirements related to: |
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| 161 | | - | |
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| 162 | | - | (A) (i) Photovoltaic system installation and associated battery storage. |
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| 163 | | - | |
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| 164 | | - | (ii) For purposes of the photovoltaic system installation requirement in clause (i), all warehouse logistic use square footage should be considered conditioned space. |
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| 165 | | - | |
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| 166 | | - | (B) Cool roofing. |
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| 167 | | - | |
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| 168 | | - | (C) Medium- and heavy-duty vehicle charging readiness. |
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| 169 | | - | |
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| 170 | | - | (D) Light-duty electric vehicle charging readiness and installed charging stations. |
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| 171 | | - | |
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| 172 | | - | (2) Has skylights in at least one percent of the roof area, or equivalent LED efficient lighting. |
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| 173 | | - | |
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| 174 | | - | (3) Has a microgrid-ready switchgear system capable of supporting distributed energy resources. |
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| 175 | | - | |
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| 176 | | - | (4) Is advanced smart metering ready. |
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| 177 | | - | |
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| 178 | | - | (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. |
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| 179 | | - | |
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| 180 | | - | (6) Has a minimum of 10 percent of all passenger vehicle parking spaces installed with electric vehicle charging stations. |
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| 181 | | - | |
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| 182 | | - | (7) (A) Provides conduits and electrical hookups at all loading bays serving cold storage. Idling |
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| 183 | | - | |
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| 184 | | - | (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. bay and sufficient power is available. |
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| 185 | | - | |
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| 186 | | - | (8) Ensures that any heating, ventilation, and air-conditioning is high-efficiency. |
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| 187 | | - | |
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| 188 | | - | (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. |
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| 189 | | - | |
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| 190 | | - | (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. |
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| 191 | | - | |
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| 192 | | - | (ii) Cost shall not be a factor in determining operational feasibility pursuant to this subparagraph. |
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| 193 | | - | |
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| 194 | | - | (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. |
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| 195 | | - | |
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| 196 | | - | (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. |
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| 197 | | - | |
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| 198 | | - | (ii) Cost shall not be a factor in determining operational feasibility pursuant to this subparagraph. |
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| 199 | | - | |
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| 200 | | - | (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. |
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| 201 | | - | |
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| 202 | | - | (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. |
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| 203 | | - | |
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| 204 | | - | 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), 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. 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. 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. |
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| 205 | | - | |
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| 206 | | - | SEC. 2. Section 65098.1 of the Government Code is amended to read: |
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| 207 | | - | |
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| 208 | | - | ### SEC. 2. |
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| 209 | | - | |
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| 210 | | - | 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), 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. 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. 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. |
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| 211 | | - | |
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| 212 | | - | 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), 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. 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. 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. |
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| 213 | | - | |
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| 214 | | - | 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), 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. 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. 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. |
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| 215 | | - | |
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| 216 | | - | |
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| 217 | | - | |
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| 218 | | - | 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: |
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| 219 | | - | |
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| 220 | | - | (1) Include all Tier 1 21st century warehouse design elements described in subdivision (g) of Section 65098. |
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| 221 | | - | |
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| 222 | | - | (2) Orient truck loading bays on the opposite side of the logistics use development away from sensitive receptors, to the extent feasible. |
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| 223 | | - | |
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| 224 | | - | (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. |
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| 225 | | - | |
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| 226 | | - | (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. |
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| 227 | | - | |
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| 228 | | - | (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. |
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| 229 | | - | |
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| 230 | | - | (6) Include Comply with buffering and screening to mitigate for light and noise, as described in Section 65098.2. |
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| 231 | | - | |
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| 232 | | - | (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: |
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| 233 | | - | |
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| 234 | | - | (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. |
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| 235 | | - | |
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| 236 | | - | (2) Orient truck loading bays on the opposite side of the logistics use development away from sensitive receptors, to the extent feasible. |
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| 237 | | - | |
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| 238 | | - | (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. |
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| 239 | | - | |
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| 240 | | - | (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. |
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| 241 | | - | |
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| 242 | | - | (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. |
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| 243 | | - | |
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| 244 | | - | (6) Include Comply with buffering and screening to mitigate for light and noise, as described in Section 65098.2. |
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| 245 | | - | |
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| 246 | | - | (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: |
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| 247 | | - | |
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| 248 | | - | (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. |
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| 249 | | - | |
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| 250 | | - | (2) Orient truck loading bays on the opposite side of the logistics use development away from sensitive receptors, to the extent feasible. |
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| 251 | | - | |
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| 252 | | - | (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. |
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| 253 | | - | |
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| 254 | | - | (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. |
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| 255 | | - | |
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| 256 | | - | (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. |
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| 257 | | - | |
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| 258 | | - | (6) Include Comply with buffering and screening to mitigate for light and noise, as described in Section 65098.2. |
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| 259 | | - | |
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| 260 | | - | (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: |
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| 261 | | - | |
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| 262 | | - | (1) Orient truck loading bays on the opposite side of the logistics use development away from sensitive receptors, to the extent feasible. |
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| 263 | | - | |
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| 264 | | - | (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. |
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| 265 | | - | |
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| 266 | | - | (3) Include Comply with buffering and screening to mitigate for light and noise, as described in Section 65098.2. |
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| 267 | | - | |
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| 268 | | - | (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 building permit is issued, including, but not limited to, the following requirements related to: |
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| 269 | | - | |
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| 270 | | - | (A) Photovoltaic system installation and associated battery storage. |
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| 271 | | - | |
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| 272 | | - | (B) Cool roofing. |
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| 273 | | - | |
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| 274 | | - | (C) Medium- and heavy-duty vehicle charging readiness. |
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| 275 | | - | |
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| 276 | | - | (D) Light-duty electric vehicle charging readiness and installed charging stations. |
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| 277 | | - | |
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| 278 | | - | (5) (A) Provides conduits at loading bays equal to one truck per every loading bay serving cold storage. Idling |
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| 279 | | - | |
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| 280 | | - | (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. bay and sufficient power is available. |
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| 281 | | - | |
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| 282 | | - | (6) Ensures that any heating, ventilation, and air-conditioning is high-efficiency. |
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| 283 | | - | |
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| 284 | | - | (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. |
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| 285 | | - | |
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| 286 | | - | (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. |
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| 287 | | - | |
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| 288 | | - | (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. |
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| 289 | | - | |
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| 290 | | - | 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. |
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| 291 | | - | |
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| 292 | | - | SEC. 3. Section 65098.1.5 of the Government Code is amended to read: |
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| 293 | | - | |
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| 294 | | - | ### SEC. 3. |
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| 295 | | - | |
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| 296 | | - | 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. |
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| 297 | | - | |
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| 298 | | - | 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. |
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| 299 | | - | |
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| 300 | | - | 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. |
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| 301 | | - | |
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| 302 | | - | |
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| 303 | | - | |
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| 304 | | - | 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. |
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| 305 | | - | |
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| 306 | | - | (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. |
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| 307 | | - | |
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| 308 | | - | (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. |
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| 309 | | - | |
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| 310 | | - | (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. |
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| 311 | | - | |
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| 312 | | - | (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. |
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| 313 | | - | |
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| 314 | | - | (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. |
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| 315 | | - | |
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| 316 | | - | (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. |
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| 317 | | - | |
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| 318 | | - | (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. |
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| 319 | | - | |
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| 320 | | - | 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. |
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| 321 | | - | |
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| 322 | | - | SEC. 4. Section 65098.3 of the Government Code is amended to read: |
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| 323 | | - | |
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| 324 | | - | ### SEC. 4. |
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| 325 | | - | |
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| 326 | | - | 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. |
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| 327 | | - | |
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| 328 | | - | 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. |
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| 329 | | - | |
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| 330 | | - | 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. |
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| 331 | | - | |
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| 332 | | - | |
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| 333 | | - | |
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| 334 | | - | 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. |
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| 335 | | - | |
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| 336 | | - | (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. |
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| 337 | | - | |
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| 338 | | - | 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. |
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| 339 | | - | |
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| 340 | | - | SEC. 5. Section 65098.4 of the Government Code is amended to read: |
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| 341 | | - | |
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| 342 | | - | ### SEC. 5. |
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| 343 | | - | |
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| 344 | | - | 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. |
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| 345 | | - | |
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| 346 | | - | 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. |
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| 347 | | - | |
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| 348 | | - | 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. |
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| 349 | | - | |
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| 350 | | - | |
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| 351 | | - | |
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| 352 | | - | 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. |
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| 353 | | - | |
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| 354 | | - | 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. |
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| 355 | | - | |
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| 356 | | - | SEC. 6. Section 65098.6 of the Government Code is amended to read: |
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| 357 | | - | |
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| 358 | | - | ### SEC. 6. |
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| 359 | | - | |
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| 360 | | - | 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. |
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| 361 | | - | |
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| 362 | | - | 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. |
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| 363 | | - | |
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| 364 | | - | 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. |
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| 365 | | - | |
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| 366 | | - | |
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| 367 | | - | |
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| 368 | | - | 65098.6. A city, county, or city and county shall condition approval of a logistics use on the following: |
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| 369 | | - | |
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| 370 | | - | (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. |
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| 371 | | - | |
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| 372 | | - | (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. |
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| 373 | | - | |
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| 374 | | - | (c) Nothing in this section shall be construed to limit or preclude compliance with Section 66300.6. |
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| 375 | | - | |
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| 376 | | - | 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 facility locations. 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. |
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| 377 | | - | |
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| 378 | | - | SEC. 7. Section 65302.02 of the Government Code is amended to read: |
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| 379 | | - | |
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| 380 | | - | ### SEC. 7. |
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| 381 | | - | |
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| 382 | | - | 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 facility locations. 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. |
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| 383 | | - | |
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| 384 | | - | 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 facility locations. 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. |
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| 385 | | - | |
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| 386 | | - | 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 facility locations. 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. |
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| 387 | | - | |
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| 388 | | - | |
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| 389 | | - | |
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| 390 | | - | 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: |
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| 391 | | - | |
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| 392 | | - | (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. |
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| 393 | | - | |
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| 394 | | - | (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: |
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| 395 | | - | |
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| 396 | | - | (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. |
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| 397 | | - | |
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| 398 | | - | (2) Trucks shall be routed via transportation arteries that minimize exposure to sensitive receptors. |
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| 399 | | - | |
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| 400 | | - | (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. |
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| 401 | | - | |
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| 402 | | - | (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. |
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| 403 | | - | |
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| 404 | | - | (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. |
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| 405 | | - | |
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| 406 | | - | (c) The county or city may consult with the Department of Transportation and the California Freight Advisory Committee for technical assistance. |
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| 407 | | - | |
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| 408 | | - | (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 facility locations. and parking. |
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| 409 | | - | |
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| 410 | | - | (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. |
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| 411 | | - | |
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| 412 | | - | (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. |
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| 413 | | - | |
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| 414 | | - | (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. |
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| 415 | | - | |
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| 416 | | - | (h) The warehouse concentration region, as defined in Section 65098, shall implement the provisions of this section by January 1, 2026. |
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| 417 | | - | |
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| 418 | | - | (i) The Attorney General may enforce this section. |
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| 419 | | - | |
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| 420 | | - | (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. |
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| 421 | | - | |
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| 422 | | - | (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. |
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| 423 | | - | |
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| 424 | | - | 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 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. |
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| 425 | | - | |
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| 426 | | - | SEC. 8. Section 40458.5 of the Health and Safety Code is amended to read: |
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| 427 | | - | |
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| 428 | | - | ### SEC. 8. |
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| 429 | | - | |
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| 430 | | - | 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. |
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| 431 | | - | |
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| 432 | | - | 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. |
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| 433 | | - | |
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| 434 | | - | 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. |
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| 435 | | - | |
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| 436 | | - | |
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| 437 | | - | |
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| 438 | | - | 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. |
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| 439 | | - | |
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| 440 | | - | (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. |
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| 441 | | - | |
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| 442 | | - | (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. |
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| 443 | | - | |
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| 444 | | - | (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. |
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| 445 | | - | |
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| 446 | | - | (2) A report to be submitted pursuant to subdivision (c) shall be submitted in compliance with Section 9795 of the Government Code. |
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| 447 | | - | |
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| 448 | | - | SEC. 9. 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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| 449 | | - | |
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| 450 | | - | SEC. 9. Section 40522.7 of the Health and Safety Code is amended to read: |
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| 451 | | - | |
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| 452 | | - | ### SEC. 9. |
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| 453 | | - | |
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| 454 | | - | 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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| 455 | | - | |
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| 456 | | - | 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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| 457 | | - | |
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| 458 | | - | 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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| 459 | | - | |
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| 460 | | - | |
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| 461 | | - | |
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| 462 | | - | 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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| 463 | | - | |
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| 464 | | - | 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. |
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| 465 | | - | |
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| 466 | | - | 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. |
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| 467 | | - | |
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| 468 | | - | 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. |
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| 469 | | - | |
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| 470 | | - | ### SEC. 10. |
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| 471 | | - | |
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| 472 | | - | |
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| 473 | | - | |
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| 474 | | - | It is the intent of the Legislature to enact legislation relating to the implementation of Assembly Bill 98 of the 20232024 Regular Session. |
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