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Date Published: 03/30/2023 09:00 PM
ASSEMBLY BILL NO. 1748
AB-1748 Qualifying logistics use projects. (2023-2024)
AMENDED IN ASSEMBLY MARCH 30, 2023
CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION
Introduced by Assembly Member Ramos
February 17, 2023
An act to amend Section 1 of the Government Code, relating to state government. An act to add Chapter
2.8 (commencing with Section 65098) to Division 1 of Title 7 of the Government Code, relating to local government.
LEGISLATIVE COUNSEL'S DIGEST
AB 1748, as amended, Ramos. Government Code. Qualifying logistics use projects.
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 the County of Riverside, the County of San Bernardino, and any of the cities within those counties from approving the development or expansion of any qualifying logistics use, as defined, that is adjacent to sensitive receptors, as defined, unless the local agency imposes a minimum setback on the qualifying logistics use of 300 feet or follows an industrial guideline framework, as specified. By imposing new requirements on local agencies, the 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.
This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Riverside and San Bernardino and the cities located within those counties.
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 establishes the Government Code and prescribes general provisions for purposes of its Home Bill Information California LawPublicationsOther ResourcesMy SubscriptionsMy Favorites 4/5/23, 11:04 AM Bill Text - AB-1748 Qualifying logistics use projects. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB1748 2/3 interpretation.
This bill would make a nonsubstantive change to the provision naming the Government Code.
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. Qualifying Logistics Use Projects
65098. (a) For purposes of this section:
(1) “Development or expansion of any qualifying logistics use” means any of the following:
(A) The development of any qualifying logistics use.
(B) The expansion of any existing qualifying logistics use. (C) The expansion of any existing logistics use, where the logistics use after the expansion would be a qualifying logistics use.
(2) “Local agency” means any of the following:
(A) The County of Riverside.
(B) The County of San Bernardino.
(C) Any city located within the County of Riverside or the County of San Bernardino. (3) “Qualifying logistics use” means any logistics use with 400,000 or more square feet of building space, including, but not limited to, warehouses.
(4) “Sensitive receptors” means one or more of the following:
(A) A legally permitted residence, including, but not limited to, a private home, apartment, condominium unit, group home, dormitory unit, retirement home, or shelter. (B) A school, including, but not limited to, preschool, prekindergarten, or school maintaining kindergarten or any of grades 1 to 12, inclusive.
(C) A licensed daycare facility.
(D) A health care facility, including, but not limited to, any hospital, medical clinic, community clinic, medical center, nursing home, long-term care facility, hospices, convalescent facility, or similar live-in housing.
(E) A community center.
(F) An established community place of worship.
(G) A public playground, public recreation field, or public recreation center. (b) A local agency shall not approve the development or expansion of any qualifying logistics use that is adjacent to a sensitive receptor unless the local agency does either of the following:
(1) Imposes a minimum setback on the qualifying logistics use of 300 feet from the building’s loading docks measured from the property line of any sensitive receptor to the nearest dock door using a direct straight-line method.
(2) Follows an industrial guideline framework, good neighbor policy, or sustainability ordinance adopted by the local agency, which, in its discretion, adequately balances siting qualifying logistics uses next to sensitive receptors.
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 4/5/23, 11:04 AM Bill Text - AB-1748 Qualifying logistics use projects. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB1748 3/3 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 within the Counties of Riverside and San Bernardino, 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, from the potential harm created by large warehouses and other logistics uses.
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.
SECTION 1.Section 1 of the Government Code is amended to read:
1.This act shall be known and may be cited as the Government Code.