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AB-1547 Air pollution: warehouse facilities.(2021-2022)



Current Version: 03/25/21 - Amended Assembly         Compare Versions information image


AB1547:v98#DOCUMENT

Amended  IN  Assembly  March 25, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1547

Introduced by Assembly Member Reyes

February 19, 2021

An act to add Chapter 2.8 (commencing with Section 65098) to Division 1 of Title 7 of the Government Code, and to amend Section 39602.5 of the Health and Safety Code, relating to air pollution.


LEGISLATIVE COUNSEL'S DIGEST


AB 1547, as amended, Reyes. Air pollution: warehouse facilities.
Existing law regulates the emissions of air pollution. Existing law designates air pollution control districts and air quality management districts as having the primary responsibility for the control of air pollution from all sources other than vehicular sources, subject to the powers and duties of the State Air Resources Board. Existing law designates the state board as having the primary responsibility for the control of air pollution from vehicular sources.
This bill would authorize the State Air Resources Board to regulate indirect sources, as defined.
Existing law, the Planning and Zoning Law, sets forth various requirements relating to the review of development project permit applications and the issuance of development permits for particular specified classes of development projects. Existing law, the California Environmental Quality Act (CEQA), requires a lead agency to prepare, or cause to be prepared by contract, and certify the completion of, an environmental impact report on a project, as defined, that it proposes to carry out or approve that may have a significant effect on the environment, or to adopt a negative declaration if it finds that the project will not have that effect.
This bill would require local governments, before approving a warehouse development project, to take certain actions to identify and address the potential environmental impacts of the project and to ensure public participation by residents affected by the project on the consideration of the project, as provided. By imposing additional duties on local governments, this bill would impose a state-mandated local program.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
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.

This bill would state the intent of the Legislature to enact subsequent legislation relating to air pollution at warehouse facilities.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 (a) The Legislature finds and declares all of the following:
(1) Logistics includes the process of planning, implementing, and controlling procedures for the efficient and effective transportation and storage of goods.
(2) For communities already struggling with some of the worst air quality in the nation, the expansion of the logistics industry presents a serious air quality and environmental justice challenge.
(3) Environmental pollution and emissions of greenhouse gases have a harmful impact on human health and ecosystem quality.
(4) For example, in the last decade, more than 150 million square feet of industrial space, the vast majority of it warehouses, has been built in the Inland Empire.
(5) The Counties of San Bernardino and Riverside are at the top of the most ozone-polluted counties.
(6) The use of diesel trucks in the logistics industry, especially those that come and go from warehouses, are adding to what has become an intractable problem.
(7) The trucks and trains that carry freight to be warehoused and trucks idling engines at or near warehouse sites pollute by emitting small toxic particles.
(A) These particles are of varying sizes and toxicity.
(B) Particulate emissions from diesel vehicles and equipment contribute to health problems that include cardiovascular problems, cancer, asthma, decreased lung function and capacity, reproductive health problems, and premature death.
(8) Warehousing facilities threaten the health of residents living and working near busy roads and logistics facilities.
(9) Beyond health threats from the transportation of freight, warehouses are also associated with negative impacts on residents’ quality of life.
(10) Warehouse centers also deprive local communities of land that could be used for future green space, schools and public buildings, and new residential, retail, and commercial centers.
(11) While trucks may represent only a small share of the traffic in urban areas, they generate more than one-half of overall emissions for specific contaminants.
(12) One of the approaches to contend with these issues is to promote the use of new technologies and alternative fuel pathways.
(b) It is the intent of the Legislature to encourage the continued development and deployment of zero-emission medium- and heavy-duty vehicles in the goods movement sector.

SEC. 2.

 Chapter 2.8 (commencing with Section 65098) is added to Division 1 of Title 7 of the Government Code, to read:
CHAPTER  2.8. Warehouse Facilities

65098.
 (a) For purposes of this section, the following definitions apply:
(1) “Public agency” means a city, county, and city and county, and subdivisions of those entities, including any agencies of the city, county, or city and county.
(2) “Threshold language” means a language for the geographical area in which a warehouse development project is located as identified by the State Department of Health Care Services in its most recent determination required pursuant to subdivision (b) of Section 14029.91 of the Welfare and Institution Code.
(b) Before approving a warehouse development project, a public agency shall do all of the following:
(1) Ensure that the design of the warehouse development project provides for at least a 3,000-yard buffer zone between the boundary of the project site and sensitive land use.
(2) Conduct a cumulative analysis of the air quality impacts of the warehouse development project, taking into consideration air quality impacts from other nearby sources of pollution and air quality impacts of reasonably foreseeable future projects.
(3) Require all onsite equipment used at the warehouse to be powered by electricity.
(4) Require all offroad construction equipment used for the warehouse development project to meet the Tier 4 emission standards set forth in Article 4 (commencing with Section 2420) of Chapter 9 of Division 3 of Title 13 of the California Code of Regulations.
(5) Require loading and unloading docks and trailer spaces for cold storage warehouses to provide electrical connections to provide electrical power to trucks.
(6) Require the project applicant to hold a series of community meetings with affected residents to obtain community inputs and incorporate consideration of those community inputs into the project design.
(7) Require the project applicant to post a prominent notice on the project site that contains a brief description of the warehouse development project and directions on obtaining information posted pursuant to paragraph (1) of subdivision (c).
(c) Upon receipt of an application for a warehouse development project, a public agency shall do all of the following:
(1) Post information on its internet website that is easily accessible and easily understandable by the public regarding both of the following:
(A) The project, including a complete and accurate project description, maps, and drawings of the project design.
(B) The process by which interested members of the public can provide comments and input regarding the project.
(2) Mail or deliver a notice with a brief description of the warehouse development project and directions on obtaining information posted pursuant to paragraph (1) to both of the following:
(A) All owners and occupants of properties located within 3,000 yards of the project site.
(B) All schools located within two miles of the project site.
(3) Provide the information and notices required pursuant to this subdivision in English and all threshold languages.
(d) (1) (A) The lead agency shall conduct at least one scoping meeting at a location within one mile of the project site.
(B) If, after making a good faith effort, the lead agency is unable to secure a location for the scoping meeting within one mile of the project site, the lead agency may hold the meeting at another location that meets both of the following requirements:
(i) The meeting location is readily accessible to residents of disadvantaged communities located within one-half mile of the project site.
(ii) The meeting location is located within one-half mile of a transit stop, if feasible.
(2) If the scoping meeting is held on a weekday, the scoping meeting shall be held between the hours of 5 p.m. and 8 p.m.
(3) At the scoping meeting, the lead agency shall do both of the following:
(A) Provide a description of the project and any information known about the project’s potential environmental impacts.
(B) Take public comments regarding potential environmental impacts of the project, including any social and economic impacts related to a direct or indirect physical change caused by the project, project alternatives, and mitigation measures that would avoid or reduce any potentially significant environmental impacts.
(e) In a meeting in which a warehouse development project is being considered, the public agency, upon request, shall provide translation services in a requested threshold language.

SEC. 3.

 Section 39602.5 of the Health and Safety Code is amended to read:

39602.5.
 (a) The state board shall adopt rules and regulations pursuant to Section 43013 that, in conjunction with other measures adopted by the state board, the districts, and the United States Environmental Protection Agency, will achieve ambient air quality standards required by the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.) in all areas of the state by the applicable attainment date, and to maintain these standards thereafter. The state board shall adopt these measures if they are necessary, technologically feasible, and cost effective, consistent with Section 43013.
(b) If necessary to carry out its duties under this section, the state board shall adopt and enforce rules and regulations that anticipate the development of new technologies or the improvement of existing technologies. The rules and regulations shall require standards that the state board finds and determines can likely be achieved by the compliance date set forth in the rule.
(c) The state board may adopt and enforce rules and regulations applicable to indirect sources, as defined in Section 7410 of Title 42 of the United States Code.

SEC. 4.

 The Legislature finds and declares that the regulation of warehouse development projects to identify and address the potential environmental impacts and ensure public participation by residents affected by projects is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 2 of this act adding Chapter 2.8 (commencing with Section 65098) to Division 1 of Title 7 of the Government Code applies to all cities, including charter cities.

SEC. 5.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
SECTION 1.

It is the intent of the Legislature to enact subsequent legislation relating to air pollution at warehouse facilities.