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AB-1000 Qualifying logistics use projects.(2023-2024)



Current Version: 01/03/24 - Amended Assembly

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AB1000:v97#DOCUMENT

Amended  IN  Assembly  January 03, 2024
Amended  IN  Assembly  March 30, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1000

Introduced by Assembly Member Reyes

February 15, 2023

An act to add Chapter 2.8 (commencing with Section 65098) to Division 1 of Title 7 of the Government Code, relating to land use.


LEGISLATIVE COUNSEL'S DIGEST


AB 1000, as amended, Reyes. Qualifying logistics use projects.
(1) 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 specified classes of development projects.
This bill would prohibit a local agency the County of Riverside, the County of San Bernardino, any city located within those counties, and the agencies, boards, or commissions, charter cities, joint powers authorities, regional agencies, public districts, and redevelopment agencies, and any other political subdivisions located within those counties, from approving the development or expansion of any qualifying logistics use, as defined, within 1,000 feet of sensitive receptors, as defined, except as provided. The bill would authorize a local agency public agency, as defined, to approve the development or expansion of a qualifying logistics use greater than 750 500 feet from a sensitive receptor and within 1,000 feet of a sensitive receptor only if the local agency takes certain actions, including, among other things, conducting a cumulative analysis of the air quality impacts of the warehouse development project, as specified. The bill would require a local agency, upon receipt of an application for a warehouse development project, to take certain actions, including posting information on its internet website that is easily accessible and easily understandable by the public, as specified. qualifying logistics use complies with certain requirements, including that all heavy-duty vehicles domiciled onsite meet certain requirements. The bill would require these minimum setback measurements to be made from the property line of the sensitive receptor to the property line of the qualifying logistics use by using a straight-line method.

The bill would require the lead agency to conduct at least one scoping meeting at a location within one mile of the project site, except as provided. At the scoping meeting, the bill would require the lead agency to provide a description of the project and any information known about the project’s potential environmental impacts and take public comments regarding potential environmental impacts of the project, as specified. In a meeting in which a warehouse development project is being considered, the bill would require the lead agency, upon request, to provide translation services in a requested threshold language.

By modifying and increasing the duties of local agencies with regard to qualifying logistics use projects, the bill would impose a state-mandated local program.
The bill would authorize an individual affected by a violation of these provisions or the Attorney General to bring an action to enjoin a violation of the provisions of this bill. The bill would provide that these provisions do not relieve a public agency from complying with the California Environmental Quality Act.
(2) The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
(3) This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Riverside and San Bernardino, the cities located within those counties, and the agencies, boards, or commissions, charter cities, joint powers authorities, regional agencies, public districts, and redevelopment agencies, and any other political subdivisions located within those counties.

(3)

(4) 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

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

65098.
 This chapter shall be known, and may be cited, as “The Good Neighbor Policy.”

65098.1.
 For purposes of this chapter:
(a) “Development or expansion of any qualifying logistics use” means any of the following:
(1) The development of any qualifying logistics use.
(2) The expansion of any existing qualifying logistics use.
(3) The expansion of any existing logistics use, where the logistics use after the expansion would be a qualifying logistics use.

(b)“Local agency” means a city, including a charter city, county, or a city and county.

(b) “Heavy-duty vehicles” means an onroad vehicle with a gross vehicle weight rating that is 26,001 or more pounds.
(c) “Logistics use” means any land use for the movement or storage of cargo, goods, or products for later distribution to business or retail customers, including any land use serving heavy-duty vehicles involved in such movement of cargo, goods, or products.
(d) “Public agency” means any of the following:
(1) The County of Riverside.
(2) The County of San Bernardino.
(3) Any city located within the County of Riverside or the County of San Bernardino.
(4) Any agency, board, or commission, any county, city and county, charter city, joint powers authority, regional agency, public district, or redevelopment agency, or any other political subdivision that is located within the County of Riverside or San Bernardino.

(c)

(e) “Qualifying logistics use” means any logistics use with 100,000 or more square feet of building space, including, but not limited to, warehouses.

(d)

(f) “Sensitive receptors” 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, retirement home, or shelter.
(2) A school, including, but not limited to, a preschool, prekindergarten, or school maintaining kindergarten or any of grades 1 to 12, inclusive.
(3) A daycare facility, including, but not limited to, in-home daycare.
(4) A health care facility, including, but not limited to, any hospital, medical clinic, community clinic, medical center, nursing home, long-term care facility, hospice, convalescent facility, or similar live-in housing.
(5) A community center.
(6) An established community place of worship.
(7) An incarceration facility, including, but not limited to, a prison or jail.
(8) A public playground, public recreation field, or public recreation center.

65098.3.
 (a) A local public agency shall not approve the development or expansion of any qualifying logistics use that is within 1,000 feet of a sensitive receptor except as provided in subdivision (b).
(b) A local public agency may approve the development or expansion of a qualifying logistics use that is greater than 750 500 feet from and within 1,000 feet of a sensitive receptor only if the local agency does all of the following: qualifying logistics use complies with the requirements of Section 65098.4.

(1)Conducts a cumulative analysis of the air quality impacts of the warehouse development project, thoroughly considering the project’s incremental impact in combination with past, present, and reasonably foreseeable future projects, even if the project’s individual impacts alone do not exceed the applicable significance thresholds. When developing the analysis, the local agency shall identify actions to address cumulative warehouse impacts, including emissions and health risk analyses, as well as develop mitigation plans that include quantifiable reductions in pollution and incorporate cumulative impacts.

(c) A minimum setback measurement pursuant to this section shall be made from the property line of the sensitive receptor to the property line of the qualifying logistics use by using a straight-line method.

(2)Requires all

65098.4.
 (a) All heavy-duty vehicles domiciled onsite to shall be model year 2014 or later from the start of operations and shall expedite a transition to zero emission zero-emission vehicles, with the fleet fully zero emission by December 31, 2025, 2028, or when commercially available for the intended application, whichever date is later.

(A)

(1) For the purposes of this subdivision, a zero-emission vehicle shall ordinarily be considered commercially available if the vehicle is capable of serving the intended purpose and is included in the California Hybrid and Zero-Emission Truck and Bus Voucher Incentive Project (HVIP).

(B)The local

(2) An owner that does not comply with the deadline pursuant to this subdivision shall demonstrate to the satisfaction of the public agency that approved the project pursuant to Section 65098.3 that required vehicles are not commercially available. The public agency shall be responsible for the final determination of commercial availability based on all the facts and circumstances at the time the determination is made. A local public agency shall not determine that those vehicles are commercially unavailable unless the operator submits documentation from a minimum of three electric vehicle dealers identified on HVIP’s internet website demonstrating the inability to obtain the required electric vehicles or equipment needed within six months.
(3) Requires owners, operators, or tenants An owner, operator, or tenant of the qualifying facilities to utilize shall utilize, or require tenants to utilize, a clean fleet of light- and medium-duty vehicles as part of business operations. For any light- or medium-duty vehicle domiciled onsite, all of the following “clean fleet” requirements apply:

(A)Thirty-three percent of the fleet shall be zero-emission vehicles at start of operations.

(B)Sixty-five percent of the fleet shall be zero-emission vehicles by December 31, 2024.

(C)Eighty percent of the fleet will be zero-emission vehicles by December 31, 2026.

(D)One operations. One hundred percent of the fleet will medium-duty vehicles domiciled onsite shall be zero-emission vehicles by December 31, 2028.

(4)Requires all

(b) All onsite equipment used at the warehouse to shall be zero emission with the necessary charging or fueling stations provided.

(5)Requires all

(c) All off-road construction equipment used for the warehouse development project to shall be zero emission, where available, or hybrid electric-diesel and all diesel-fueled off-road construction equipment to be equipped with State Air Resources Board Tier 4 engines compliant with the 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 as written on January 1, 2023.
(d) A qualifying logistics use shall do at least one of the following:

(6)Requires zero-emission

(1) Install zero-emission truck charging or fueling stations proportional to the number of dock doors at the project, running conduit to designated locations for future zero-emission truck charging stations.
(2) Contract with a third party for one year or longer to charge or fuel the zero-emission vehicles at an offsite location.

(7)Requires constructing

(e) A qualifying logistics use shall construct electric plugs for electric transport refrigeration units at every dock door and requires truck operators with transport refrigeration units to use the electric plugs when at loading docks. An owner of a facility is exempt from the requirements of this subdivision if the owner records a covenant on the title of the underlying property that ensures the property shall not be used to provide refrigerated warehouse space.

(8)Requires installation of

(1) A qualifying logistics use shall install solar photovoltaic systems and companion battery storage on the project site of a specified electrical generation capacity that is equal to or greater than the building’s projected energy needs, including all electrical chargers and designing all project building roofs to accommodate the maximum future coverage of solar panels and installing the maximum solar power generation capacity feasible. A project site may satisfy this requirement by installing a community renewable energy project that provides broader grid and community-based benefits.
(2) In the event sufficient space is not available on the subject lot to accommodate the needed number of solar panels to produce the operation’s base or anticipated power use, an owner or operator shall demonstrate how all available space has been maximized for photovoltaic and battery energy storage system use.

(9)Prohibits

(f) A qualifying logistics use shall prohibit trucks onsite from idling for more than three five minutes and requires operators to turn off an engine when not in use.

(10)Prohibits

(g) A qualifying logistics use shall prohibit the idling of heavy off-road construction equipment for more than five minutes.

65098.5.

Upon receipt of an application for a warehouse development project, a local agency shall do all of the following:

(a)Post information on its internet website that is easily accessible and easily understandable by the public regarding both of the following:

(1)The project, including a complete and accurate project description, maps, and drawings of the project design.

(2)The process by which interested members of the public can provide comments and input regarding the project.

(b)Mail or cause to be delivered a notice with a brief description of the warehouse development project and instructions to obtain information posted pursuant to subdivision (a) to both of the following:

(1)All owners and occupants of properties located within 1,000 feet of the project site.

(2)All schools located within two miles of the project site.

(c)Provide the information and notices required pursuant to this section in English and all threshold languages.

65098.7.

(a)The lead agency shall conduct at least one scoping meeting at a location within one mile of the project site except as provided in subdivision (b).

(b)If the lead agency makes a good faith effort and 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:

(1)The meeting location is readily accessible to residents of disadvantaged communities located within one-half of one mile of the project site.

(2)If feasible, the meeting location is located within one-half of one mile of a transit stop.

(c)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.

(d)At the scoping meeting, the lead agency shall do both of the following:

(1)Provide a description of the project and any information known about the project’s potential environmental impacts.

(2)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.

65098.9.65098.5.
 An individual affected by a violation of this chapter or the Attorney General may bring an action to enjoin a violation of this chapter.

65098.7.
 This chapter does not relieve a public agency from complying with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).

SEC. 2.

 The Legislature finds and declares that Section 1 of this act adding Chapter 2.8 (commencing with Section 65098) to Division 1 of Title 7 of the Government Code addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act applies to all cities, including charter cities.

SEC. 3.

 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the significant need to protect homes, schools, daycare facilities, and other sensitive receptors in the Counties of Riverside and San Bernardino, and in the cities located within those counties, or under the jurisdiction of any agency, board, or commission, any county, city and county, charter city, joint powers authority, regional agency, public district, or redevelopment agency, or any other political subdivision that is located within those counties, from the potential harm created by large warehouses and other logistics uses.

SEC. 3.SEC. 4.

 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.