AMENDED IN SENATE JUNE 25, 2025
AMENDED IN ASSEMBLY APRIL 24, 2025
AMENDED IN ASSEMBLY MARCH 26, 2025
california legislature—2025–26 regular session
ASSEMBLY BILL No. 735
Introduced by Assembly Member Carrillo
(Principal coauthor: Senator Reyes)
February 18, 2025
An act to amend Sections 65098, 65098.1, 65098.1.5, 65098.2, 65098.2.5, 65098.2.7, 65098.3, 65098.4, 65098.5, 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 digest
AB 735, as amended, Carrillo. Planning and zoning: logistics use:
use developments: 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 b uffers, entry g ates, and signage. Existing la w defines various terms, including “21st century w arehouse,” and “tier 1 21st century warehouse,” for purposes of those provisions as logistics uses that, among other things, comply with specified b uilding and ener gy efficiency standards, including requirements related to the availability of conduits and electrical hookups to power climate control equipment at loading bays, as specified. Existing la w, subject to specified exceptions, defines “logistics use” for these purposes to mean a building
96 in which car go, goods, or products are mo ved or stored for later distribution to b usiness or retail customers, or both, that does not predominantly serv e 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” and instead define “logistics use development” for these purposes to instead mean a building that is primarily used as a warehouse for the movement or the storage of car go, goods, or products that are mo ved to business or retail customers, or both, that does not predominantly serve retail customers for onsite purchases, and hea vy-duty trucks are primarily involved in the mo vement of the car go, goods, or products.
The bill would make various other technical and conforming changes to the provisions governing logistics use development.
Existing la w requires a f acility 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 f acility operator. Existing law requires, by January 1, 2028, a county or city to update its circulation element, as provided, and to provide for posting of conspicuous signage to identify truck routes and additional signage for truck parking and appropriate idling facility locations, as specified.
Existing law authorizes the Attorney General to enforce those provisions concerning the circulation element and to impose a fine ag ainst a jurisdiction that is in violation of those provisions, as provided.
This bill would, instead, require that the truck routing plan describe the operational characteristics of the logistics use development and of the facility logistics use development operator. The bill would, instead, require a county or city to update its circulation element pursuant to prescribed timelines based on the population size of a county or city , as provided, and 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, among other things. The bill w ould, instead, authorize the Attorney General to impose the abo ve-specified fine if the Attorney 96 — 2 — AB 735
General finds that the jurisdiction has not made a good f aith effort to meet the requirements of those pro visions. provide that in an action brought by the Attorney General, a jurisdiction that is in violation of these provisions that has been found by the Attorney General not to have made a good faith effort to meet the requirements of this section shall be subject to a civil penalty of up to $50,000 every 6 months, for each violation, accrued from the date of the violation until the violation is cured, specified costs, and other r elief deemed appr opriate by the court.
Existing law requires a city, county, or city and county to condition approval of a logistics use development 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 af fected through purchase, as provided.
This bill w ould establish that nothing in the pro visions described above re garding conditions placed upon appro val of a logistics use development shall be construed to preclude compliance with other provisions that, among other things, prohibit an af fected city or an affected county, as defined, from approving a development project that will require the demolition of occupied or v acant 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 la w requires the south coast district to deplo y mobile air monitoring systems to collect air pollution measurements in communities that are near operational logistics use de velopments, use the data collected to conduct an air modeling analysis and submit its findings to the Le gislature, and establish a process for recei ving community input on ho w specified penalties assessed and collected are spent.
This bill w ould make nonsubstantive changes to references to the South Coast Air Quality Management District contained in those provisions.
96 AB 735 — 3 —
The California Constitution requires the state to reimb urse 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. State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 65098 of the Government Code is line 2 amended to read:
line 3 65098. As used in this chapter:
line 4 (a) “21st century warehouse” means a logistics use development line 5 that meets all of the following:
line 6 (1) Complies with or e xceeds all requirements of the most line 7 current building energy efficiency standards specified in P art 6 line 8 (commencing with Section 100) of Title 24 of the California Code line 9 of Regulations and the California Green Building Standards Code line 10 (Part 11 of Title 24 of the California Code of Regulations) that are line 11 in effect at the time that the b uilding permit is issued, including, line 12 but not limited to, the following requirements related to:
line 13 (A) Photovoltaic system installation and associated battery line 14 storage.
line 15 (B) Cool roofing.
line 16 (C) Medium- and heavy-duty vehicle charging readiness. line 17 (D) Light-duty electric vehicle charging readiness and installed line 18 charging stations.
line 19 (2) Has sk ylights in at least 1 percent of the roof area, or line 20 equivalent LED efficient lighting.
line 21 (3) (A) Provides conduits and electrical hookups at all loading line 22 bays serving cold storage.
line 23 (B) Idling or use of auxiliary truck engine po wer to po wer line 24 climate control equipment shall be prohibited if the truck is capable line 25 of plugging in at the loading bay and sufficient power is available. line 26 (4) Ensures that any heating, ventilation, and air-conditioning line 27 is high-efficiency.
line 28 (5) (A) Ensures that all classes of forklifts used on site, pursuant line 29 to State Air Resources Board’s Zero-Emission Forklifts regulation, line 30 as drafted, shall be zero-emission by January 1, 2030, to the extent 96 — 4 — AB 735
line 1 operationally feasible, commercially of f-the-shelf available, and line 2 adequate power available on site.
line 3 (B) (i) If not operationally feasible, commercially off-the-shelf line 4 available, or if there is inadequate po wer available on site, the line 5 cleanest technology commercially available shall be used. line 6 (ii) Cost shall not be a f actor in determining operational line 7 feasibility pursuant to this subparagraph.
line 8 (6) (A) Ensures that equipment used on site utilizing small line 9 off-road engines shall be zero-emission, to the extent operationally line 10 feasible, commercially off-the-shelf available, and adequate power line 11 available on site.
line 12 (B) (i) If not operationally feasible, commercially off-the-shelf line 13 available, or if there is inadequate po wer available on site, the line 14 cleanest technology commercially available shall be used. line 15 (ii) Cost shall not be a f actor in determining operational line 16 feasibility pursuant to this subparagraph.
line 17 (C) Should any equipment used on site utilizing small off-road line 18 engines be contracted out, the logistics use facility development line 19 shall preferentially contract for services utilizing zero-emission line 20 small off-road engines.
line 21 (b) “Expansion” means the e xpansion of an e xisting logistics line 22 use de velopment by 20 percent or more of the e xisting square line 23 footage. Office space shall not be included as part of the existing line 24 square footage or in the square footage for the 20-percent expansion line 25 threshold.
line 26 (c) “Heavy-duty truck” means a class 7 or class 8 truck. As used line 27 in this subdivision:
line 28 (1) “Class 7 truck” means a truck with a gross v ehicle weight line 29 rating of 26,001 to 33,000 pounds.
line 30 (2) “Class 8 truck” means a truck with a gross v ehicle weight line 31 rating of greater than 33,000 pounds.
line 32 (d) “Logistics use” use development” means a building that is line 33 primarily used as a warehouse for the movement or the storage of line 34 cargo, goods, or products that are mo ved to b usiness or retail line 35 customers, or both, that does not predominantly serv e retail line 36 customers for onsite purchases, and heavy-duty trucks are primarily line 37 involved in the mo vement of the car go, goods, or products. line 38 “Logistics use” use de velopment” does not include an y of the line 39 following:
96 AB 735 — 5 —
line 1 (1) Facilities where food or household goods are sold directly line 2 to consumers and are accessible to the public.
line 3 (2) A building primarily served by rail to move cargo goods or line 4 product.
line 5 (3) (A) A Strategic Intermodal Facility.
line 6 (B) For purposes of this subdi vision, “Strate gic Intermodal line 7 Facility” means a project that satisfies all of the follo wing line 8 requirements:
line 9 (i) Logistics facilities, including warehousing and transloading line 10 facilities, served by rail.
line 11 (ii) Intermodal freight transport services.
line 12 (iii) All facility structures and related rail operations are located line 13 within a single site footprint.
line 14 (4) A b uilding that serv es a primary agricultural use that is line 15 actively operated for a single period of 90 consecutive days or less line 16 each year.
line 17 (e) “Sensitive receptor” means one or more of the following:
line 18 (1) A residence, including, but not limited to, a pri vate home, line 19 apartment, condominium unit, group home, dormitory unit, or line 20 retirement home.
line 21 (2) A school, including, b ut not limited to, a preschool, line 22 prekindergarten, or school maintaining kinder garten or an y of line 23 grades 1 to 12, inclusive.
line 24 (3) A daycare f acility, including, b ut not limited to, in-home line 25 daycare.
line 26 (4) Publicly owned parks, playgrounds, and recreational areas line 27 or facilities primarily used by children, unless the development of line 28 the park and recreation areas are included as a condition of approval line 29 for the development of a logistics use logistics use development line 30 or land that will be used to ensure the public’ s right of access to line 31 the sea pursuant to the California Coastal Act of 1976 (Di vision line 32 20 (commencing with Section 30000) of the Public Resources line 33 Code).
line 34 (5) Nursing homes, long-term care f acilities, hospices, line 35 convalescent facilities, or similar live-in housing. line 36 (6) Hospitals, as defined in Section 128700 of the Health and line 37 Safety Code.
line 38 (f) “Small off-road engines” means spark-ignition engines rated line 39 at or below 19 kilowatts or 25 horsepower or less. 96 — 6 — AB 735
line 1 (g) “Tier 1 21st century w arehouse” means a logistics use line 2 development that meets all of the following:
line 3 (1) Complies with or e xceeds all requirements of the most line 4 current building energy efficiency standards specified in P art 6 line 5 (commencing with Section 100) of Title 24 of the California Code line 6 of Regulations and the California Green Building Standards Code line 7 (Part 11 of Title 24 of the California Code of Regulations) that are line 8 in effect at the time that the b uilding permit is issued, including, line 9 but not limited to, the following requirements related to:
line 10 (A) (i) Photovoltaic system installation and associated battery line 11 storage.
line 12 (ii) For purposes of the photo voltaic system installation line 13 requirement in clause (i), all logistic use square footage should be line 14 considered conditioned space.
line 15 (B) Cool roofing.
line 16 (C) Medium- and heavy-duty vehicle charging readiness. line 17 (D) Light-duty electric vehicle charging readiness and installed line 18 charging stations.
line 19 (2) Has skylights in at least one percent of the roof area, or line 20 equivalent LED efficient lighting.
line 21 (3) Has a microgrid-ready switchgear system capable of line 22 supporting distributed energy resources.
line 23 (4) Is advanced smart metering ready.
line 24 (5) Has a minimum of 50 percent of all passenger v ehicle line 25 parking spaces preinstalled with conduit and all necessary physical line 26 infrastructure to support future charging of electric vehicles. line 27 (6) Has a minimum of 10 percent of all passenger v ehicle line 28 parking spaces installed with electric vehicle charging stations. line 29 (7) (A) Provides conduits and electrical hookups at all loading line 30 bays serving cold storage.
line 31 (B) Idling or use of auxiliary truck engine po wer to po wer line 32 climate control equipment shall be prohibited if the truck is capable line 33 of plugging in at the loading bay and sufficient power is available. line 34 (8) Ensures that any heating, ventilation, and air-conditioning line 35 is high-efficiency.
line 36 (9) (A) Ensures that all classes of forklifts used on site, pursuant line 37 to State Air Resources Board’s Zero-Emission Forklifts regulation, line 38 as drafted, shall be zero-emission by January 1, 2028, to the extent line 39 operationally feasible, commercially of f-the-shelf available, and line 40 adequate power available on site.
96 AB 735 — 7 —
line 1 (B) (i) If not operationally feasible, commercially off-the-shelf line 2 available, or if there is inadequate po wer available on site, the line 3 cleanest technology commercially available shall be used. line 4 (ii) Cost shall not be a f actor in determining operational line 5 feasibility pursuant to this subparagraph.
line 6 (10) (A) Ensures that equipment used on site utilizing small line 7 off-road engines shall be zero-emission, to the extent operationally line 8 feasible, commercially off-the-shelf available, and adequate power line 9 available on site.
line 10 (B) (i) If not operationally feasible, commercially off-the-shelf line 11 available, or if there is inadequate po wer available on site, the line 12 cleanest technology commercially available shall be used. line 13 (ii) Cost shall not be a f actor in determining operational line 14 feasibility pursuant to this subparagraph.
line 15 (C) Should any equipment used on site utilizing small off-road line 16 engines be contracted out, the logistics use facility development line 17 shall preferentially contract for services utilizing zero-emission line 18 small off-road engines.
line 19 (h) “Warehouse concentration re gion” includes the line 20 unincorporated areas within the Counties of Ri verside and San line 21 Bernardino and the Cities of Chino, Colton, F ontana, Jurupa line 22 Valley, Moreno Valley, Ontario, Perris, Rancho Cucamong a, line 23 Redlands, Rialto, Riverside, and San Bernardino. line 24 SEC. 2. Section 65098.1 of the Government Code is amended line 25 to read:
line 26 65098.1. (a) Commencing January 1, 2026, any proposed new line 27 or expanded logistics use development 250,000 square feet or more line 28 where the loading bay is within 900 feet of a sensiti ve receptor line 29 that is utilizing a site zoned for industrial use or any site where an line 30 application was submitted to the jurisdiction by September 30, line 31 2024, to rezone as industrial and the rezone to industrial w as line 32 ultimately approved shall comply with all of the following:
line 33 (1) Include all Tier 1 21st century w arehouse design elements line 34 described in subdivision (g) of Section 65098.
line 35 (2) Orient truck loading bays on the opposite side of the logistics line 36 use de velopment a way from sensiti ve receptors, to the e xtent line 37 feasible.
line 38 (3) Locate truck loading bays a minimum of 300 feet from the line 39 property line of the nearest sensitive receptor to the nearest truck line 40 loading bay opening using a direct straight-line method. 96 — 8 — AB 735
line 1 (4) Have a separate entrance for hea vy-duty trucks accessible line 2 via a truck route, arterial road, major thoroughfare, or a local road line 3 that predominantly serv es commercial oriented commer cial, line 4 agricultural, or industrial uses.
line 5 (5) Locate truck entry, exit, and internal circulation away from line 6 sensitive receptors. Heavy-duty diesel truck dri ve aisles shall be line 7 prohibited from being used on sides of the logistics use line 8 development that are directly adjacent to a sensiti ve receptor line 9 property line.
line 10 (6) Comply with buffering and screening to mitig ate for light line 11 and noise, as described in Section 65098.2.
line 12 (b) Commencing January 1, 2026, e xcept as pro vided for in line 13 subdivision (c), an y proposed ne w or e xpanded logistics use line 14 development that is on land that is not zoned industrial, whether line 15 developed or undeveloped, or land that needs to be rezoned, where line 16 the loading bay is within 900 feet of a sensiti ve receptor, shall line 17 comply with all of the following:
line 18 (1) If the logistics use de velopment is 250,000 square feet or line 19 more it shall include all Tier 1 21st century w arehouse design line 20 elements described in subdi vision (g) of Section 65098. If the line 21 logistics use development is less than 250,000 square feet it shall line 22 include all 21st century w arehouse design elements described in line 23 subdivision (a) of Section 65098.
line 24 (2) Orient truck loading bays on the opposite side of the logistics line 25 use de velopment a way from sensiti ve receptors, to the e xtent line 26 feasible.
line 27 (3) Locate truck loading bays a minimum of 500 feet from the line 28 property line of the nearest sensitive receptor to the nearest truck line 29 loading bay opening using a direct straight-line method. line 30 (4) Have a separate entrance for hea vy-duty trucks accessible line 31 via a truck route, arterial road, major thoroughfare, or a local road line 32 that predominantly serv es commercial oriented commer cial, line 33 agricultural, or industrial uses.
line 34 (5) Locate truck entry, exit, and internal circulation away from line 35 sensitive receptors. Heavy-duty diesel truck dri ve aisles shall be line 36 prohibited from being used on sides of the building logistics use line 37 development that are directly adjacent to a sensiti ve receptor line 38 property line.
line 39 (6) Comply with buffering and screening to mitig ate for light line 40 and noise, as described in Section 65098.2.
96 AB 735 — 9 —
line 1 (c) Commencing January 1, 2026, an y proposed ne w or line 2 expanded logistics use development that is on land that is not zoned line 3 industrial, whether developed or undeveloped, or land that needs line 4 to be rezoned, and is located in the warehouse concentration region, line 5 shall comply with all of the following:
line 6 (1) If the logistics use de velopment is 250,000 square feet or line 7 more it shall include all Tier 1 21st century w arehouse design line 8 elements described in subdi vision (g) of Section 65098. If the line 9 logistics use development is less than 250,000 square feet it shall line 10 include all 21st century w arehouse design elements described in line 11 subdivision (a) of Section 65098.
line 12 (2) Orient truck loading bays on the opposite side of the logistics line 13 use de velopment a way from sensiti ve receptors, to the e xtent line 14 feasible.
line 15 (3) Locate truck loading bays a minimum of 500 feet from the line 16 property line of the nearest sensitive receptor to the nearest truck line 17 loading bay opening using a direct straight-line method. line 18 (4) Have a separate entrance for hea vy-duty trucks accessible line 19 via a truck route, arterial road, major thoroughfare, or a local road line 20 that predominantly serv es commercial oriented commer cial, line 21 agricultural, or industrial uses.
line 22 (5) Locate truck entry, exit, and internal circulation away from line 23 sensitive receptors. Heavy-duty diesel truck dri ve aisles shall be line 24 prohibited from being used on sides of the building logistics use line 25 development that are directly adjacent to a sensiti ve receptor line 26 property line.
line 27 (6) Comply with buffering and screening to mitig ate for light line 28 and noise, as described in Section 65098.2.
line 29 (d) Commencing January 1, 2026, an y proposed ne w or line 30 expanded logistics use development less than 250,000 square feet line 31 where the loading bay is within 900 feet of a sensiti ve receptor line 32 that is utilizing a site zoned for industrial use or any site where an line 33 application was submitted to the jurisdiction by September 30, line 34 2024, to rezone as industrial and the rezone to industrial w as line 35 ultimately approved shall comply with all of the following:
line 36 (1) Orient truck loading bays on the opposite side of the logistics line 37 use de velopment a way from sensiti ve receptors, to the e xtent line 38 feasible.
line 39 (2) Locate truck entry, exit, and internal circulation away from line 40 sensitive receptors. Heavy-duty diesel truck dri ve aisles shall be 96 — 10 — AB 735
line 1 prohibited from being used on sides of the building logistics use line 2 development that are directly adjacent to a sensiti ve receptor line 3 property line.
line 4 (3) Comply with buffering and screening to mitig ate for light line 5 and noise, as described in Section 65098.2.
line 6 (4) Complies with or e xceeds all requirements of the most line 7 current building energy efficiency standards specified in P art 6 line 8 (commencing with Section 100) of Title 24 of the California Code line 9 of Regulations and the California Green Building Standards Code line 10 (Part 11 of Title 24 of the California Code of Regulations) that are line 11 in effect at the time that the b uilding permit is issued, including, line 12 but not limited to, the following requirements related to:
line 13 (A) Photovoltaic system installation and associated battery line 14 storage.
line 15 (B) Cool roofing.
line 16 (C) Medium- and heavy-duty vehicle charging readiness. line 17 (D) Light-duty electric vehicle charging readiness and installed line 18 charging stations.
line 19 (5) (A) Provides conduits at loading bays equal to one truck line 20 per every loading bay serving cold storage.
line 21 (B) Idling or use of auxiliary truck engine po wer to po wer line 22 climate control equipment shall be prohibited if the truck is capable line 23 of plugging in at the loading bay and sufficient power is available. line 24 (6) Ensures that any heating, ventilation, and air-conditioning line 25 is high-efficiency.
line 26 (7) Have a separate entrance for hea vy-duty trucks accessible line 27 via a truck route, arterial road, major thoroughfare, or a local road line 28 that predominantly serves commercial oriented uses. line 29 (e) (1) Except as provided in paragraph (2), a city , county, or line 30 city and county shall update its circulation element to include truck line 31 routes, as specified in Section 65302.02.
line 32 (2) On or before January 1, 2026, all cities and counties in the line 33 warehouse concentration region shall update its circulation element line 34 to include truck routes, as specified in Section 65302.02. line 35 SEC. 3. Section 65098.1.5 of the Government Code is amended line 36 to read:
line 37 65098.1.5. (a) (1) Notwithstanding an y other pro vision of line 38 law, an y e xisting logistics use de velopment in e xistence as of line 39 September 30, 2024, shall not be subject to the requirements line 40 described in paragraph (3) of subdivision (a) of, paragraph (3) of 96 AB 735 — 11 —
line 1 subdivision (b) of, or paragraph (3) of subdi vision (c) of Section line 2 65098.1, as applicable, if a new sensitive receptor is constructed, line 3 established, or permitted after the effective date of this chapter. line 4 (2) Notwithstanding any other provision of law, if, by September line 5 30, 2024, a proposed expansion of a logistics use development is line 6 in a local entitlement process, then the proposed e xpansion shall line 7 not be subject to the requirements described in paragraph (3) of line 8 subdivision (a) of, paragraph (3) of subdivision (b) of, or paragraph line 9 (3) of subdi vision (c) of Section 65098.1, as applicable, if a line 10 sensitive receptor is constructed, established, or permitted after line 11 the effective date of this chapter.
line 12 (3) Notwithstanding any other provision of law, if, by September line 13 30, 2024, a property is currently in a local entitlement process to line 14 become a logistics use, use de velopment, then the proposed line 15 logistics use development shall not be subject to the requirements line 16 described in paragraph (3) of subdivision (a) of, paragraph (3) of line 17 subdivision (b) of, or paragraph (3) of subdi vision (c) of Section line 18 65098.1, as applicable, if a sensiti ve receptor is constructed, line 19 established, or permitted after the effective date of this chapter. line 20 (b) (1) Any proposed ne w logistics use de velopments that line 21 require the rezoning of land and must under go a municipal line 22 entitlement process shall not be subject to the requirements line 23 described in paragraph (3) of subdivision (a) of, paragraph (3) of line 24 subdivision (b) of, or paragraph (3) of subdi vision (c) of Section line 25 65098.1, as applicable, if the start of the entitlement process for line 26 the logistics use development began before any sensitive receptor line 27 started its o wn entitlement or permitting process, unless the line 28 proposed sensitive receptor was an existing allowable use according line 29 to local zoning regulations.
line 30 (2) During a logistics use de velopment’s entitlement process line 31 for a ne w or e xpanded logistics use, use de velopment, if a ne w line 32 sensitive receptor is proposed or established within the distances line 33 required by paragraph (3) of subdi vision (a) of, paragraph (3) of line 34 subdivision (b) of, or paragraph (3) of subdi vision (c) of Section line 35 65098.1, as applicable, then those distance requirements shall not line 36 apply to the logistics use development so long as the logistics use line 37 development was not already subject to those requirements prior line 38 to the new sensitive receptor being proposed or established. 96 — 12 — AB 735
line 1 (c) This chapter shall not apply to an y logistics use projects line 2 developments that were subject to a commenced local entitlement line 3 process prior to September 30, 2024.
line 4 (d) The protection afforded by this section shall remain in effect line 5 from the time of the initial application submission through the line 6 completion of the entitlement process, including an y necessary line 7 rezoning actions and through the de velopment period. If no line 8 construction acti vity occurs within fiv e years of entitlement line 9 approvals, the protections shall be waived.
line 10 (e) This chapter shall not apply to a logistics use project line 11 development that received an approval by a local agency prior to line 12 the effective date of this chapter. For purposes of this subdivision, line 13 “approval” shall have the same meaning as set forth in subdivision line 14 (a) of Section 15352 of Chapter 3 of Division 6 of Title 14 of the line 15 California Code of Regulations.
line 16 SEC. 4. Section 65098.2 of the Government Code is amended line 17 to read:
line 18 65098.2. (a) Any new logistics use facility development within line 19 900 feet of a sensitive receptor shall have a buffer as follows:
line 20 (1) If the logistics use development is subject to the requirements line 21 of subdivision (a) or (d) of Section 65098.1, the buffer shall be 50 line 22 feet in width measured from the property line of all adjacent line 23 sensitive receptors that fully screen the project lo gistics use line 24 development from the sensitive receptor.
line 25 (2) If the logistics use de velopment is subject to either line 26 subdivision (b) or subdi vision (c) of Section 65098.1, the b uffer line 27 shall be 100 feet in width measured from the property line of all line 28 adjacent sensitive receptors that fully screen the project logistics line 29 use development from the sensitive receptor.
line 30 (b) Buffer areas shall include a solid decorative wall, landscaped line 31 berm and w all, or landscaped berm 10 feet or more in height, line 32 drought tolerant natural ground landscaping with proper irrigation, line 33 and solid-screen buffering trees as described in subdivision (c). line 34 (c) Trees shall be used as part of a solid-screen b uffering line 35 treatment and planted in two rows along the length of the property line 36 line adjacent to the sensitive receptor. Trees used for this purpose line 37 shall be e vergreen, drought tolerant, to the e xtent feasible, line 38 composed of species with low biogenic emissions, of a minimum line 39 36-inch box size at planting, and spaced at no greater distance than line 40 40 feet on center. Palm trees shall not be utilized. 96 AB 735 — 13 —
line 1 SEC. 5. Section 65098.2.5 of the Government Code is amended line 2 to read:
line 3 65098.2.5. The entry gates into the loading truck court for a line 4 new or e xpanded logistics use f acility de velopment shall be line 5 positioned after a minimum of 50 feet of total a vailable stacking line 6 depth inside the property line. The stacking depth shall be increased line 7 by 70 feet for e very 20 loading bays be yond 50 loading bays, to line 8 the extent feasible.
line 9 SEC. 4.
line 10 SEC. 6. Section 65098.2.7 of the Government Code is amended line 11 to read:
line 12 65098.2.7. (a) The purpose of this section is to ensure that line 13 logistics use developments, beginning January 1, 2026, are sited line 14 in locations that minimize adv erse impacts on residential line 15 communities and enhance transportation efficienc y. This is line 16 achieved by restricting logistics use development to roadways that line 17 are suited to handle the associated traffic and that predominantly line 18 serve commercial commercial, agricultural, or industrial uses. line 19 (b) (1) Any new logistics use de velopment shall be sited on line 20 roadways that meet the following classifications:
line 21 (A) Arterial roads.
line 22 (B) Collector roads.
line 23 (C) Major thoroughfares.
line 24 (D) Local roads that predominantly serve commercial uses. line 25 (2) For purposes of this chapter, local roads shall be considered line 26 to predominantly serve commercial commercial, agricultural, or line 27 industrial uses if more than 50 percent of the properties fronting line 28 the road within 1,000 feet of the site’ s truck entrances and e xits line 29 are designed for commercial or industrial commercial, agricultural, line 30 or industrial use according to the local zoning ordinance. line 31 (c) A waiver may be granted where siting on the designated line 32 roadways pursuant to subdivision (b) is impractical due to unique line 33 geographic, economic, or infrastructure-related reasons. The waiver line 34 shall be approved by the city, county, or city and county, provided line 35 that the applicant demonstrates all of the following:
line 36 (1) There is no feasible alternati ve site that e xists within the line 37 designated roadways.
line 38 (2) A traffic analysis has been completed and submitted to the line 39 local approving authority.
line 40 (3) The site is an existing industrial zone.
96 — 14 — AB 735
line 1 (4) The proposed site will incorporate mitigations to minimize line 2 traffic and en vironmental impacts on residential areas to the line 3 greatest extent feasible.
line 4 SEC. 5.
line 5 SEC. 7. Section 65098.3 of the Government Code is amended line 6 to read:
line 7 65098.3. (a) Anti-idling signs indicating a three-minute line 8 heavy-duty truck engine idling restriction shall be posted at line 9 logistics use developments along entrances to the site and at the line 10 truck loading bays.
line 11 (b) Signs shall be installed at all heavy-duty truck exit driveways line 12 directing truck drivers to the truck route as indicated in the truck line 13 routing plan, as described in Section 65098.4, and to the state line 14 highway system.
line 15 SEC. 6.
line 16 SEC. 8. Section 65098.4 of the Government Code is amended line 17 to read:
line 18 65098.4. (a) Prior to the issuance of a certificate of occupancy, line 19 a facility logistics use de velopment operator shall establish and line 20 submit for approval to the planning director or equivalent position line 21 for the city, county, or city and county a truck routing plan to and line 22 from the state highway system based on the latest truck route map line 23 of the city, county, or city and county. The truck routing plan shall line 24 describe the operational characteristics of the logistic use and of line 25 the facility logistics use development operator, including, but not line 26 limited to, hours of operation, types of items to be stored within line 27 the building, and proposed truck routing to and from the facility line 28 logistics use de velopment to designated truck routes that, to the line 29 greatest e xtent possible, a void passing sensiti ve receptors. The line 30 truck routing plan shall include measures, such as signage and line 31 pavement markings, queuing analysis, and enforcement, for line 32 preventing truck queuing, circling, stopping, and parking on public line 33 streets. The facility logistics use de velopment operator shall be line 34 responsible for enforcement of the truck routing plan. line 35 (b) A re vised truck routing plan shall be submitted to the line 36 planning director or equivalent position prior to a business license line 37 being issued by the city , county, or city and county for an y new line 38 tenant of the property. The planning director or equivalent position line 39 shall have discretion to determine if changes to the truck routing line 40 plan are necessary , including, b ut not limited to, an y additional 96 AB 735 — 15 —
line 1 measures to alle viate truck routing and parking issues that may line 2 arise during the life of the facility. logistics use development. line 3 SEC. 9. Section 65098.5 of the Government Code is amended line 4 to read:
line 5 65098.5. (a) A city , county , or city and county shall not line 6 approve development of a logistics use development that does not line 7 meet or exceed the standards outlined in this chapter. line 8 (b) This section shall not be construed to restrict the e xisting line 9 authority of a city, county, or city and county to den y a logistics line 10 use facility development altogether.
line 11 SEC. 7.
line 12 SEC. 10. Section 65098.6 of the Government Code is amended line 13 to read:
line 14 65098.6. A city, county, or city and county shall condition line 15 approval of a logistics use development on the following:
line 16 (a) Two-to-one replacement of an y demolished housing unit line 17 that was occupied within the last 10 years, unless the housing unit line 18 was declared substandard by a building official, pursuant to Section line 19 17920.3 of the Health and Safety Code, prior to purchase by the line 20 developer. For each housing unit demolished, regardless of market line 21 value of the unit, two units of affordable housing for persons and line 22 families of low or moderate income, as defined in Section 50093 line 23 of the Health and Safety Code, that are deed-restricted shall be line 24 built within the jurisdiction. Funds from an y fee imposed for the line 25 replacement of demolished housing units shall be placed in a line 26 housing-specific set-aside account and shall be used for housing line 27 within three years of collection.
line 28 (b) If residential dwellings are af fected through purchase, the line 29 developer shall be required to pro vide any displaced tenant with line 30 an amount equivalent to 12 months’ rent at the current rate. line 31 (c) Nothing in this section shall be construed to limit or preclude line 32 compliance with Section 66300.6.
line 33 SEC. 8.
line 34 SEC. 11. Section 65302.02 of the Government Code is amended line 35 to read:
line 36 65302.02. A county or city shall update its circulation element, line 37 as required by subdi vision (b) of Section 65302, to do all of the line 38 following within the timelines described in subdivision (h):
line 39 (a) Identify and establish specific travel routes for the transport line 40 of goods, materials, or freight for storage, transfer, or redistribution 96 — 16 — AB 735
line 1 to safely accommodate additional truck traffic and avoid residential line 2 areas and sensitive receptors, as defined by Section 65098. line 3 (b) Maximize the use of interstate or state divided highways as line 4 preferred routes for truck routes. The county or city shall also line 5 maximize use of arterial roads, major thoroughf ares, and local line 6 roads that predominantly serv e commercial and agricultural line 7 commercial, agricultural, or industrial uses when state or interstate line 8 highways are not utilized. Truck routes shall comply with the line 9 following:
line 10 (1) Major or minor collector streets and local roads that line 11 predominantly serv e commercial or agricultural commer cial, line 12 agricultural, or industrial uses shall be used for truck routes only line 13 when strictly necessary to reach existing industrial zones. line 14 (2) Trucks shall be routed via transportation arteries that line 15 minimize exposure to sensitive receptors.
line 16 (3) On and after January 1, 2028, all proposed development of line 17 a logistics use development, as defined in subdivision (d) of Section line 18 65098, shall be accessible via arterial roads, major thoroughfares, line 19 or roads that predominantly serv e commercial or agricultural line 20 commercial, agricultural, or industrial uses.
line 21 (A) The purpose of this section is to ensure that logistics use line 22 developments are sited in locations that minimize adverse impacts line 23 on residential communities and enhance transportation efficiency. line 24 This is achie ved by restricting logistics use de velopments to line 25 roadways that are suited to handle the associated traffic and that line 26 predominantly serv e commercial commer cial, a gricultural, or line 27 industrial uses.
line 28 (B) For purposes of this section, local roads shall be considered line 29 to predominantly serv e commercial or agricultural commercial, line 30 agricultural, or industrial uses if more than 50 percent of the line 31 properties fronting the road within 1,000 feet of the truck entrances line 32 and exits are designated for commercial or industrial commercial, line 33 agricultural, or industrial use according to the local zoning line 34 ordinance.
line 35 (c) The county or city may consult with the Department of line 36 Transportation and the California Freight Advisory Committee for line 37 technical assistance.
line 38 (d) The county or city shall provide for posting of conspicuous line 39 signage to identify truck routes and additional signage for truck line 40 parking and appropriate locations for idling and parking. 96 AB 735 — 17 —
line 1 (e) The county or city shall make truck routes publicly available line 2 in geographic information system (GIS) format and share GIS line 3 maps of the truck routes with warehouse operators, fleet operators, line 4 and truck drivers.
line 5 (f) The city or county shall pro vide opportunities for the line 6 involvement of citizens, California Native American Indian tribes, line 7 public agencies, public utility companies, and civic, educational, line 8 and other community groups through public hearings and any other line 9 means the planning agenc y deems appropriate, consistent with line 10 Section 65351.
line 11 (g) The city or county shall mak e a diligent ef fort to achie ve line 12 public participation of all economic se gments of the community line 13 in the development of the changes required pursuant to this section. line 14 (h) A city or county shall update its circulation element, as line 15 follows:
line 16 (1) The warehouse concentration region, as defined in Section line 17 65098, shall implement the provisions of this section by January line 18 1, 2026.
line 19 (2) A city with a population that is greater than 50,000 persons line 20 or a county with a population that is greater than 100,000 persons line 21 shall implement the provisions of this section by January 1, 2028. line 22 (3) A city with a population that is equal to, or less than, 50,000 line 23 persons or a county with a population that is equal to, or less than, line 24 100,000 persons shall implement the provisions of this section by line 25 January 1, 2035.
line 26 (4) For purposes of this section, the population of a county shall line 27 be determined based upon the population of the unincorporated line 28 areas.
line 29 (i) The Attorney General may enforce this section. line 30 (1) The Attorney General may impose a fine ag ainst a line 31 jurisdiction that is in violation of this section of up to fifty thousand line 32 dollars ($50,000) e very six months if the required updates ha ve line 33 not been made and the Attorney General finds that the jurisdiction line 34 has not made a good faith effort to meet the requirements of this line 35 section.
line 36 (i) (1) In an action br ought by the Attorney Gener al, a line 37 jurisdiction that is in violation of this section and that has been line 38 found by the Attorney General not to have made a good faith effort line 39 to meet the requirements of this section shall be subject to all of line 40 the following:
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line 1 (A) A civil penalty of up to fifty thousand dollars ($50,000) every line 2 six months, for eac h violation, accrued fr om the date of the line 3 violation until the violation is cured.
line 4 (B) All costs of in vestigating and pr osecuting this action, line 5 including expert fees, reasonable attorney’s fees, and costs. line 6 (C) Other relief deemed appr opriate by the court, including line 7 equitable and injunctive relief.
line 8 (D) Civil penalties collected pur suant to this section shall be line 9 paid to the office of the Attorney General.
line 10 (E) The liability, penalties, and remedies imposed by this section line 11 are in addition to any other liability , penalties, and r emedies line 12 imposed by any other law.
line 13 (2) Upon appropriation by the Le gislature, an y fines civil line 14 penalties collected shall be distrib uted by the Attorney General line 15 and returned to the local air quality management district in which line 16 the fine civil penalty was imposed and be used for the district’ s line 17 efforts to improve air quality.
line 18 SEC. 9.
line 19 SEC. 12. Section 40458.5 of the Health and Safety Code is line 20 amended to read:
line 21 40458.5. (a) Subject to an appropriation for this e xpress line 22 purpose, the South Coast Air Quality Management District shall, line 23 beginning on January 1, 2026, and until January 1, 2032, deplo y line 24 mobile air monitoring systems within the Counties of Ri verside line 25 and San Bernardino to collect air pollution measurements in line 26 communities that are near operational logistics use developments. line 27 (b) The South Coast Air Quality Management District shall use line 28 the data collected pursuant to subdi vision (a) to conduct an air line 29 modeling analysis to e valuate the impact of air pollution on line 30 sensitive receptors, as defined in Section 65098 of the Government line 31 Code, from logistics use development operations in the Counties line 32 of Ri verside and San Bernardino, including relati ve pollution line 33 concentrations from logistics use developments at varying distances line 34 from sensitive receptors.
line 35 (c) The South Coast Air Quality Management District shall line 36 submit its findings to the Legislature on or before January 1, 2033. line 37 On or before January 1, 2028, the South Coast Air Quality line 38 Management District shall submit an interim report to e valuate line 39 the impact of air pollution on sensiti ve receptors, as defined in line 40 Section 65098 of the Go vernment Code, from logistics use 96 AB 735 — 19 —
line 1 development operations in the Counties of Ri verside and San line 2 Bernardino, including relati ve pollution concentrations from line 3 logistics use de velopments at v arying distances from sensiti ve line 4 receptors. This report shall be used to assess the ef fectiveness of line 5 setbacks on public health.
line 6 (d) (1) The requirement for submitting a report imposed line 7 pursuant to subdi vision (c) is inoperati ve on January 1, 2040, line 8 pursuant to Section 10231.5 of the Government Code. line 9 (2) A report to be submitted pursuant to subdi vision (c) shall line 10 be submitted in compliance with Section 9795 of the Government line 11 Code.
line 12 SEC. 10.
line 13 SEC. 13. Section 40522.7 of the Health and Safety Code is line 14 amended to read:
line 15 40522.7. The South Coast Air Quality Management District line 16 shall establish a process for recei ving community input on ho w line 17 any penalties assessed and collected for violations of the line 18 Warehouse Indirect Source Rule are spent. The South Coast Air line 19 Quality Management District shall ensure a wide range of line 20 community groups are included in the process and that groups line 21 represent the geographic areas where there are high numbers of line 22 warehouse facilities.
line 23 SEC. 11.
line 24 SEC. 14. No reimbursement is required by this act pursuant to line 25 Section 6 of Article XIIIB of the California Constitution because line 26 a local agency or school district has the authority to le vy service line 27 charges, fees, or assessments sufficient to pay for the program or line 28 level of service mandated by this act, within the meaning of Section line 29 17556 of the Government Code.
O
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