4/5/23, 11:03 AM Bill Text - AB-1000 Qualifying logistics use projects. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB1000 1/5 SHARE THIS:
Date Published: 03/30/2023 09:00 PM
ASSEMBLY BILL NO. 1000
AB-1000 Qualifying logistics use projects. (2023-2024)
AMENDED IN ASSEMBLY MARCH 30, 2023
CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION
Introduced by Assembly Member Reyes
February 15, 2023
An act to amend Section 65580 of 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. Land use: housing. 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 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 to approve the development or expansion of a qualifying logistics use greater than 750 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.
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.
Home Bill Information California LawPublicationsOther ResourcesMy SubscriptionsMy Favorites 4/5/23, 11:03 AM Bill Text - AB-1000 Qualifying logistics use projects. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB1000 2/5 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. (2) The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law declares the importance of, and general responsibility for, making housing available and affordable for all Californians.
This bill would make nonsubstantive changes to those provisions.
Vote: majority Appropriation: no Fiscal Committee: noyes Local Program: noyes 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. (c) “Qualifying logistics use” means any logistics use with 100,000 or more square feet of building space, including, but not limited to, warehouses.
(d) “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 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). 4/5/23, 11:03 AM Bill Text - AB-1000 Qualifying logistics use projects. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB1000 3/5 (b) A local agency may approve the development or expansion of a qualifying logistics use that is greater than 750 feet from and within 1,000 feet of a sensitive receptor only if the local agency does all of the following:
(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. (2) Requires all heavy-duty vehicles domiciled onsite to be model year 2014 or later from the start of operations and shall expedite a transition to zero emission vehicles, with the fleet fully zero emission by December 31, 2025, or when commercially available for the intended application, whichever date is later. (A) 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 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 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 of the qualifying facilities 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 hundred percent of the fleet will be zero-emission vehicles by December 31, 2028. (4) Requires all onsite equipment used at the warehouse to be zero emission with the necessary charging or fueling stations provided.
(5) Requires all off-road construction equipment used for the warehouse development project to 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.
(6) Requires 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. (7) Requires constructing 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 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. (9) Prohibits trucks onsite from idling for more than three minutes and requires operators to turn off an engine when not in use.
(10) Prohibits the idling of heavy 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:
4/5/23, 11:03 AM Bill Text - AB-1000 Qualifying logistics use projects. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB1000 4/5 (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. An individual affected by a violation of this chapter or the Attorney General may bring an action to enjoin a violation of this chapter.
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. 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.Section 65580 of the Government Code is amended to read:
65580.The Legislature finds and declares as follows:
(a)The availability of housing is of vital statewide importance and the early attainment of decent housing and a suitable living environment for every Californian, including farmworkers, is a priority of the highest order. (b)The early attainment of this goal requires the cooperative participation of government and the private sector in an effort to expand housing opportunities and accommodate the housing needs of Californians of all economic 4/5/23, 11:03 AM Bill Text - AB-1000 Qualifying logistics use projects. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB1000 5/5 levels.
(c)Providing housing that is affordable to low- and moderate-income households requires the cooperation of all levels of government.
(d)Local and state governments have a responsibility to use the powers vested in them to facilitate the improvement and development of housing to make adequate provision for the housing needs of all economic segments of the community.
(e)The Legislature recognizes that, in carrying out this responsibility, each local government also has the responsibility to consider economic, environmental, and fiscal factors and community goals set forth in the general plan and to cooperate with other local governments and the state in addressing regional housing needs. (f)Designating and maintaining a supply of land and adequate sites suitable, feasible, and available for the development of housing sufficient to meet the locality’s housing need for all income levels is essential to achieving the state’s housing goals and the purposes of this article.