Section § 65098

Explanation

This section defines terms related to logistics facilities, specifically what qualifies as a "21st century warehouse" and a "Tier 1 21st century warehouse." Such facilities must meet rigorous standards for energy efficiency, including photovoltaic systems, cool roofing, vehicle charging readiness, and zero-emission forklifts and equipment. They also have specific requirements for lighting and infrastructure to support electric vehicle charging.

Furthermore, it outlines what constitutes the expansion of a logistics facility and describes heavy-duty trucks and logistics use facilities. It excludes certain types of buildings and facilities from these definitions. A "sensitive receptor" is defined as places that are particularly sensitive to pollution, like schools and hospitals. Lastly, the section identifies certain counties and cities as a "warehouse concentration region."

As used in this chapter:
(a)CA Government Code § 65098(a) “21st century warehouse” means a logistics use that meets all of the following:
(1)CA Government Code § 65098(a)(1) Complies with or exceeds all requirements of the most current building energy efficiency standards specified in Part 6 (commencing with Section 100) of Title 24 of the California Code of Regulations and the California Green Building Standards Code (Part 11 of Title 24 of the California Code of Regulations), including, but not limited to, the following requirements related to:
(A)CA Government Code § 65098(a)(1)(A) Photovoltaic system installation and associated battery storage.
(B)CA Government Code § 65098(a)(1)(B) Cool roofing.
(C)CA Government Code § 65098(a)(1)(C) Medium- and heavy-duty vehicle charging readiness.
(D)CA Government Code § 65098(a)(1)(D) Light-duty electric vehicle charging readiness and installed charging stations.
(2)CA Government Code § 65098(a)(2) Has skylights in at least 1 percent of the roof area, or equivalent LED efficient lighting.
(3)CA Government Code § 65098(a)(3) Provides conduits and electrical hookups at all loading bays serving cold storage. Idling or use of auxiliary truck engine power to power climate control equipment shall be prohibited if the truck is capable of plugging in at the loading bay.
(4)CA Government Code § 65098(a)(4) Ensures that any heating, ventilation, and air-conditioning is high-efficiency.
(5)Copy CA Government Code § 65098(a)(5)
(A)Copy CA Government Code § 65098(a)(5)(A) Ensures that all classes of forklifts used on site, pursuant to State Air Resources Board’s Zero-Emission Forklifts regulation, as drafted, shall be zero-emission by January 1, 2030, to the extent operationally feasible, commercially off-the shelf available, and adequate power available on site.
(B)Copy CA Government Code § 65098(a)(5)(A)(B)
(i)Copy CA Government Code § 65098(a)(5)(A)(B)(i) If not operationally feasible, commercially off-the shelf available, or if there is inadequate power available on site, the cleanest technology commercially available shall be used.
(ii)CA Government Code § 65098(a)(5)(A)(B)(i)(ii) Cost shall not be a factor in determining operational feasibility pursuant to this subparagraph.
(6)Copy CA Government Code § 65098(a)(6)
(A)Copy CA Government Code § 65098(a)(6)(A) Ensures that equipment used on site utilizing small off-road engines shall be zero-emission, to the extent operationally feasible, commercially off-the shelf available, and adequate power available on site.
(B)Copy CA Government Code § 65098(a)(6)(A)(B)
(i)Copy CA Government Code § 65098(a)(6)(A)(B)(i) If not operationally feasible, commercially off-the shelf available, or if there is inadequate power available on site, the cleanest technology commercially available shall be used.
(ii)CA Government Code § 65098(a)(6)(A)(B)(i)(ii) Cost shall not be a factor in determining operational feasibility pursuant to this subparagraph.
(C)CA Government Code § 65098(a)(6)(A)(C) Should any equipment used on site utilizing small off-road engines be contracted out, the logistics use facility shall preferentially contract for services utilizing zero-emission small off-road engines.
(b)CA Government Code § 65098(b) “Expansion of an existing logistics use” means the expansion of an existing logistics use by 20 percent or more of the existing square footage. Office space shall not be included as part of the existing square footage or in the square footage for the 20-percent expansion threshold.
(c)CA Government Code § 65098(c) “Heavy-duty truck” means a class 7 or class 8 truck. As used in this subdivision:
(1)CA Government Code § 65098(c)(1) “Class 7 truck” means a truck with a gross vehicle weight rating of 26,001 to 33,000 pounds.
(2)CA Government Code § 65098(c)(2) “Class 8 truck” means a truck with a gross vehicle weight rating of greater than 33,000 pounds.
(d)CA Government Code § 65098(d) “Logistics use” means a building in which cargo, goods, or products are moved or stored for later distribution to business or retail customers, or both, that does not predominantly serve retail customers for onsite purchases, and heavy-duty trucks are primarily involved in the movement of the cargo, goods, or products. “Logistics use” does not include any of the following:
(1)CA Government Code § 65098(d)(1) Facilities where food or household goods are sold directly to consumers and are accessible to the public.
(2)CA Government Code § 65098(d)(2) A building primarily served by rail to move cargo goods or product.
(3)Copy CA Government Code § 65098(d)(3)
(A)Copy CA Government Code § 65098(d)(3)(A) A Strategic Intermodal Facility.
(B)CA Government Code § 65098(d)(3)(A)(B) For purposes of this subdivision, “Strategic Intermodal Facility” means a project that satisfies all of the following requirements:
(i)CA Government Code § 65098(d)(3)(A)(B)(i) Logistics facilities, including warehousing and transloading facilities, served by rail.
(ii)CA Government Code § 65098(d)(3)(A)(B)(ii) Intermodal freight transport services.
(iii)CA Government Code § 65098(d)(3)(A)(B)(iii) All facility structures and related rail operations are located within a single site footprint.
(e)CA Government Code § 65098(e) “Sensitive receptor” means one or more of the following:
(1)CA Government Code § 65098(e)(1) A residence, including, but not limited to, a private home, apartment, condominium unit, group home, dormitory unit, or retirement home.
(2)CA Government Code § 65098(e)(2) A school, including, but not limited to, a preschool, prekindergarten, or school maintaining kindergarten or any of grades 1 to 12, inclusive.
(3)CA Government Code § 65098(e)(3) A daycare facility, including, but not limited to, in-home daycare.
(4)CA Government Code § 65098(e)(4) Publicly owned parks, playgrounds, and recreational areas or facilities primarily used by children, unless the development of the park and recreation areas are included as a condition of approval for the development of a logistics use.
(5)CA Government Code § 65098(e)(5) Nursing homes, long-term care facilities, hospices, convalescent facilities, or similar live-in housing.
(6)CA Government Code § 65098(e)(6) Hospitals, as defined in Section 128700 of the Health and Safety Code.
(f)CA Government Code § 65098(f) “Small off-road engines” means spark-ignition engines rated at or below 19 kilowatts.
(g)CA Government Code § 65098(g) “Tier 1 21st century warehouse” means a logistics use that meets all of the following:
(1)CA Government Code § 65098(g)(1) Complies with or exceeds all requirements of the most current building energy efficiency standards specified in Part 6 (commencing with Section 100) of Title 24 of the California Code of Regulations and the California Green Building Standards Code (Part 11 of Title 24 of the California Code of Regulations), including, but not limited to, the following requirements related to:
(A)Copy CA Government Code § 65098(g)(1)(A)
(i)Copy CA Government Code § 65098(g)(1)(A)(i) Photovoltaic system installation and associated battery storage.
(ii)CA Government Code § 65098(g)(1)(A)(i)(ii) For purposes of the photovoltaic system installation requirement in clause (i), all warehouse square footage should be considered conditioned space.
(B)CA Government Code § 65098(g)(1)(B) Cool roofing.
(C)CA Government Code § 65098(g)(1)(C) Medium- and heavy-duty vehicle charging readiness.
(D)CA Government Code § 65098(g)(1)(D) Light-duty electric vehicle charging readiness and installed charging stations.
(2)CA Government Code § 65098(g)(2) Has skylights in at least one percent of the roof area, or equivalent LED efficient lighting.
(3)CA Government Code § 65098(g)(3) Has a microgrid-ready switchgear system capable of supporting distributed energy resources.
(4)CA Government Code § 65098(g)(4) Is advanced smart metering ready.
(5)CA Government Code § 65098(g)(5) Has a minimum of 50 percent of all passenger vehicle parking spaces preinstalled with conduit and all necessary physical infrastructure to support future charging of electric vehicles.
(6)CA Government Code § 65098(g)(6) Has a minimum of 10 percent of all passenger vehicle parking spaces installed with electric vehicle charging stations.
(7)CA Government Code § 65098(g)(7) Provides conduits and electrical hookups at all loading bays serving cold storage. Idling or use of auxiliary truck engine power to power climate control equipment shall be prohibited if the truck is capable of plugging in at the loading bay.
(8)CA Government Code § 65098(g)(8) Ensures that any heating, ventilation, and air-conditioning is high-efficiency.
(9)Copy CA Government Code § 65098(g)(9)
(A)Copy CA Government Code § 65098(g)(9)(A) Ensures that all classes of forklifts used on site, pursuant to State Air Resources Board’s Zero-Emission Forklifts regulation, as drafted, shall be zero-emission by January 1, 2028, to the extent operationally feasible, commercially off-the shelf available, and adequate power available on site.
(B)Copy CA Government Code § 65098(g)(9)(A)(B)
(i)Copy CA Government Code § 65098(g)(9)(A)(B)(i) If not operationally feasible, commercially off-the shelf available, or if there is inadequate power available on site, the cleanest technology commercially available shall be used.
(ii)CA Government Code § 65098(g)(9)(A)(B)(i)(ii) Cost shall not be a factor in determining operational feasibility pursuant to this subparagraph.
(10)Copy CA Government Code § 65098(g)(10)
(A)Copy CA Government Code § 65098(g)(10)(A) Ensures that equipment used on site utilizing small off-road engines shall be zero-emission, to the extent operationally feasible, commercially off-the shelf available, and adequate power available on site.
(B)Copy CA Government Code § 65098(g)(10)(A)(B)
(i)Copy CA Government Code § 65098(g)(10)(A)(B)(i) If not operationally feasible, commercially off-the shelf available, or if there is inadequate power available on site, the cleanest technology commercially available shall be used.
(ii)CA Government Code § 65098(g)(10)(A)(B)(i)(ii) Cost shall not be a factor in determining operational feasibility pursuant to this subparagraph.
(C)CA Government Code § 65098(g)(10)(A)(C) Should any equipment used on site utilizing small off-road engines be contracted out, the logistics use facility shall preferentially contract for services utilizing zero-emission small off-road engines.
(h)CA Government Code § 65098(h) “Warehouse concentration region” includes the Counties of Riverside and San Bernardino and the Cities of Chino, Colton, Fontana, Jurupa Valley, Moreno Valley, Ontario, Perris, Rancho Cucamonga, Redlands, Rialto, Riverside, and San Bernardino.

Section § 65098.1

Explanation

This law lays out rules for building large warehouses or logistics facilities in California starting January 1, 2026. If these facilities are 250,000 square feet or larger and within 900 feet of sensitive areas like homes or schools, they have to follow several guidelines to minimize their impact. These include keeping truck loading bays as far from sensitive areas as possible, using special designs to reduce noise and light, and providing specific truck access away from nearby neighborhoods.

Smaller developments must also meet energy efficiency standards and set up charging stations for electric vehicles. Additionally, cities and counties must update their truck route plans by 2028 or earlier for areas with many warehouses.

(a)CA Government Code § 65098.1(a) Commencing January 1, 2026, any proposed new or expanded logistics use development 250,000 square feet or more where the loading bay is within 900 feet of a sensitive receptor that is utilizing a site zoned for industrial use or any site where an application was submitted to the jurisdiction by September 30, 2024, to rezone as industrial and the rezone to industrial was ultimately approved shall comply with all of the following:
(1)CA Government Code § 65098.1(a)(1) Include all Tier 1 21st century warehouse design elements described in subdivision (g) of Section 65098.
(2)CA Government Code § 65098.1(a)(2) Orient truck loading bays on the opposite side of the logistics use development away from sensitive receptors, to the extent feasible.
(3)CA Government Code § 65098.1(a)(3) Locate truck loading bays a minimum of 300 feet from the property line of the nearest sensitive receptor to the nearest truck loading bay opening using a direct straight-line method.
(4)CA Government Code § 65098.1(a)(4) Have a separate entrance for heavy-duty trucks accessible via a truck route, arterial road, major thoroughfare, or a local road that predominantly serves commercial oriented uses.
(5)CA Government Code § 65098.1(a)(5) Locate truck entry, exit, and internal circulation away from sensitive receptors. Heavy-duty diesel truck drive aisles shall be prohibited from being used on sides of the building that are directly adjacent to a sensitive receptor property line.
(6)CA Government Code § 65098.1(a)(6) Include buffering and screening to mitigate for light and noise, as described in Section 65098.2.
(b)CA Government Code § 65098.1(b) Commencing January 1, 2026, except as provided for in subdivision (c), any proposed new or expanded logistics use development that is on land that is not zoned industrial, whether developed or undeveloped, or land that needs to be rezoned, where the loading bay is within 900 feet of a sensitive receptor, shall comply with all of the following:
(1)CA Government Code § 65098.1(b)(1) If the logistics use development is 250,000 square feet or more it shall include all Tier 1 21st century warehouse design elements described in subdivision (g) of Section 65098. If the logistics use development is less than 250,000 square feet it shall include all 21st century warehouse design elements described in subdivision (a) of Section 65098.
(2)CA Government Code § 65098.1(b)(2) Orient truck loading bays on the opposite side of the logistics use development away from sensitive receptors, to the extent feasible.
(3)CA Government Code § 65098.1(b)(3) Locate truck loading bays a minimum of 500 feet from the property line of the nearest sensitive receptor to the nearest truck loading bay opening using a direct straight-line method.
(4)CA Government Code § 65098.1(b)(4) Have a separate entrance for heavy-duty trucks accessible via a truck route, arterial road, major thoroughfare, or a local road that predominantly serves commercial oriented uses.
(5)CA Government Code § 65098.1(b)(5) Locate truck entry, exit, and internal circulation away from sensitive receptors. Heavy-duty diesel truck drive aisles shall be prohibited from being used on sides of the building that are directly adjacent to a sensitive receptor property line.
(6)CA Government Code § 65098.1(b)(6) Include buffering and screening to mitigate for light and noise, as described in Section 65098.2.
(c)CA Government Code § 65098.1(c) Commencing January 1, 2026, any proposed new or expanded logistics use development that is on land that is not zoned industrial, whether developed or undeveloped, or land that needs to be rezoned, and is located in the warehouse concentration region, shall comply with all of the following:
(1)CA Government Code § 65098.1(c)(1) If the logistics use development is 250,000 square feet or more it shall include all Tier 1 21st century warehouse design elements described in subdivision (g) of Section 65098. If the logistics use development is less than 250,000 square feet it shall include all 21st century warehouse design elements described in subdivision (a) of Section 65098.
(2)CA Government Code § 65098.1(c)(2) Orient truck loading bays on the opposite side of the logistics use development away from sensitive receptors, to the extent feasible.
(3)CA Government Code § 65098.1(c)(3) Locate truck loading bays a minimum of 500 feet from the property line of the nearest sensitive receptor to the nearest truck loading bay opening using a direct straight-line method.
(4)CA Government Code § 65098.1(c)(4) Have a separate entrance for heavy-duty trucks accessible via a truck route, arterial road, major thoroughfare, or a local road that predominantly serves commercial oriented uses.
(5)CA Government Code § 65098.1(c)(5) Locate truck entry, exit, and internal circulation away from sensitive receptors. Heavy-duty diesel truck drive aisles shall be prohibited from being used on sides of the building that are directly adjacent to a sensitive receptor property line.
(6)CA Government Code § 65098.1(c)(6) Include buffering and screening to mitigate for light and noise, as described in Section 65098.2.
(d)CA Government Code § 65098.1(d) Commencing January 1, 2026, any proposed new or expanded logistics use development less than 250,000 square feet where the loading bay is within 900 feet of a sensitive receptor that is utilizing a site zoned for industrial use or any site where an application was submitted to the jurisdiction by September 30, 2024, to rezone as industrial and the rezone to industrial was ultimately approved shall comply with all of the following:
(1)CA Government Code § 65098.1(d)(1) Orient truck loading bays on the opposite side of the logistics use development away from sensitive receptors, to the extent feasible.
(2)CA Government Code § 65098.1(d)(2) Locate truck entry, exit, and internal circulation away from sensitive receptors. Heavy-duty diesel truck drive aisles shall be prohibited from being used on sides of the building that are directly adjacent to a sensitive receptor property line.
(3)CA Government Code § 65098.1(d)(3) Include buffering and screening to mitigate for light and noise, as described in Section 65098.2.
(4)CA Government Code § 65098.1(d)(4) Complies with or exceeds all requirements of the most current building energy efficiency standards specified in Part 6 (commencing with Section 100) of Title 24 of the California Code of Regulations and the California Green Building Standards Code (Part 11 of Title 24 of the California Code of Regulations), including, but not limited to, the following requirements related to:
(A)CA Government Code § 65098.1(d)(4)(A) Photovoltaic system installation and associated battery storage.
(B)CA Government Code § 65098.1(d)(4)(B) Cool roofing.
(C)CA Government Code § 65098.1(d)(4)(C) Medium- and heavy-duty vehicle charging readiness.
(D)CA Government Code § 65098.1(d)(4)(D) Light-duty electric vehicle charging readiness and installed charging stations.
(5)CA Government Code § 65098.1(d)(5) Provides conduits at loading bays equal to one truck per every loading bay serving cold storage. Idling or use of auxiliary truck engine power to power climate control equipment shall be prohibited if the truck is capable of plugging in at the loading bay.
(6)CA Government Code § 65098.1(d)(6) Ensures that any heating, ventilation, and air-conditioning is high-efficiency.
(7)CA Government Code § 65098.1(d)(7) Have a separate entrance for heavy-duty trucks accessible via a truck route, arterial road, major thoroughfare, or a local road that predominantly serves commercial oriented uses.
(e)Copy CA Government Code § 65098.1(e)
(1)Copy CA Government Code § 65098.1(e)(1) Except as provided in paragraph (2), on or before January 1, 2028, a city, county, or city and county shall update its circulation element to include truck routes, as specified in Section 65302.02.
(2)CA Government Code § 65098.1(e)(2) On or before January 1, 2026, all cities and counties in the warehouse concentration region shall update its circulation element to include truck routes, as specified in Section 65302.02.

Section § 65098.1

Explanation

This law outlines exemptions for logistics developments from certain requirements if they were established, undergoing expansion, or in the process of receiving local entitlement before September 30, 2024. Specifically, if a new sensitive receptor (like a school or hospital) is built or permitted after these logistics uses begin their own entitlement processes, the logistics projects are not subject to certain proximity or zoning requirements. New logistics developments needing land rezoning are similarly exempt if their process started before a sensitive receptor’s. However, this exemption does not apply if the new sensitive receptor was an existing allowable use. Protections last from application submission to project completion but are waived if no development starts within five years. Projects with prior approval by local agencies are also exempt from this chapter's requirements.

(a)Copy CA Government Code § 65098.1(a)
(1)Copy CA Government Code § 65098.1(a)(1) Notwithstanding any other provision of law, any existing logistics use development in existence as of September 30, 2024, shall not be subject to the requirements described in paragraph (3) of subdivision (a) of, paragraph (3) of subdivision (b) of, or paragraph (3) of subdivision (c) of Section 65098.1, as applicable, if a new sensitive receptor is constructed, established, or permitted after the effective date of this chapter.
(2)CA Government Code § 65098.1(a)(2) Notwithstanding any other provision of law, if, by September 30, 2024, a proposed expansion of a logistics use development is in a local entitlement process, then the proposed expansion shall not be subject to the requirements described in paragraph (3) of subdivision (a) of, paragraph (3) of subdivision (b) of, or paragraph (3) of subdivision (c) of Section 65098.1, as applicable, if a sensitive receptor is constructed, established, or permitted after the effective date of this chapter.
(3)CA Government Code § 65098.1(a)(3) Notwithstanding any other provision of law, if, by September 30, 2024, a property is currently in a local entitlement process to become a logistics use, then the proposed logistics use development shall not be subject to the requirements described in paragraph (3) of subdivision (a) of, paragraph (3) of subdivision (b) of, or paragraph (3) of subdivision (c) of Section 65098.1, as applicable, if a sensitive receptor is constructed, established, or permitted after the effective date of this chapter.
(b)Copy CA Government Code § 65098.1(b)
(1)Copy CA Government Code § 65098.1(b)(1) Any new logistics use developments that require the rezoning of land and must undergo a municipal entitlement process shall not be subject to the requirements described in paragraph (3) of subdivision (a) of, paragraph (3) of subdivision (b) of, or paragraph (3) of subdivision (c) of Section 65098.1, as applicable, if the start of the entitlement process for the logistics use began before any sensitive receptor started its own entitlement or permitting process, unless the proposed sensitive receptor was an existing allowable use according to local zoning regulations.
(2)CA Government Code § 65098.1(b)(2) During a logistics use development’s entitlement process for a new or expanded logistics use, if a new sensitive receptor is proposed or established within the distances required by paragraph (3) of subdivision (a) of, paragraph (3) of subdivision (b) of, or paragraph (3) of subdivision (c) of Section 65098.1, as applicable, then those distance requirements shall not apply to the logistics use development so long as the logistics use development was not already subject to those requirements prior to the new sensitive receptor being proposed or established.
(c)CA Government Code § 65098.1(c) This chapter shall not apply to any logistics projects that were subject to a commenced local entitlement process prior to September 30, 2024.
(d)CA Government Code § 65098.1(d) The protection afforded by this section shall remain in effect from the time of the initial application submission through the completion of the entitlement process, including any necessary rezoning actions and through the development period. If no development activity occurs within five years of entitlement approvals, the protections shall be waived.
(e)CA Government Code § 65098.1(e) This chapter shall not apply to a logistics project that received an approval by a local agency prior to the effective date of this chapter. For purposes of this subdivision, “approval” shall have the same meaning as set forth in subdivision (a) of Section 15352 of Chapter 3 of Division 6 of Title 14 of the California Code of Regulations.

Section § 65098.2

Explanation

This law requires new logistics facilities (such as warehouses) built close to sensitive areas, like schools or hospitals, to have a buffer zone. The size of the buffer depends on other regulations the facility already follows: 50 feet wide if certain rules apply, or 100 feet wide if others do. The buffer needs to include a solid wall or a landscaped berm about 10 feet high, with drought-resistant plants and trees serving as a visual barrier. The law specifies that trees must be evergreen, low in emissions, and planted close together in two rows.

(a)CA Government Code § 65098.2(a) Any new logistics use facility within 900 feet of a sensitive receptor shall have a buffer as follows:
(1)CA Government Code § 65098.2(a)(1) If the logistics use development is subject to the requirements of subdivision (a) or (d) of Section 65098.1, the buffer shall be 50 feet in width measured from the property line of all adjacent sensitive receptors that fully screen the project from the sensitive receptor.
(2)CA Government Code § 65098.2(a)(2) If the logistics use development is subject to either subdivision (b) or subdivision (c) of Section 65098.1, the buffer shall be 100 feet in width measured from the property line of all adjacent sensitive receptors that fully screen the project from the sensitive receptor.
(b)CA Government Code § 65098.2(b) Buffer areas shall include a solid decorative wall, landscaped berm and wall, or landscaped berm 10 feet or more in height, drought tolerant natural ground landscaping with proper irrigation, and solid-screen buffering trees as described in subdivision (c).
(c)CA Government Code § 65098.2(c) Trees shall be used as part of a solid-screen buffering treatment and planted in two rows along the length of the property line adjacent to the sensitive receptor. Trees used for this purpose shall be evergreen, drought tolerant, to the extent feasible, composed of species with low biogenic emissions, of a minimum 36-inch box size at planting, and spaced at no greater distance than 40 feet on center. Palm trees shall not be utilized.

Section § 65098.2

Explanation

This law requires that entry gates for new or expanded logistics facilities be set back at least 50 feet from the property line to allow trucks to stack or line up inside the property without spilling onto public roads. Additionally, for facilities with over 50 loading bays, the stacking space should be increased by 70 feet for every additional 20 loading bays, as much as is practically possible.

The entry gates into the loading truck court for a new or expanded logistics use facility shall be positioned after a minimum of 50 feet of total available stacking depth inside the property line. The stacking depth shall be increased by 70 feet for every 20 loading bays beyond 50 loading bays, to the extent feasible.

Section § 65098.2

Explanation

This law, starting January 1, 2026, aims to place logistics developments in spots that reduce negative impacts on neighborhoods and boost transportation efficiency. New logistics sites must be located on roads suited for heavy traffic, like arterial, collector, or major thoroughfares, or local roads that mainly serve commercial areas. Local roads qualify if over half of neighboring properties are commercial or industrial. A waiver might be allowed if it's impossible to site the development on these roads, due to unique reasons like geography or infrastructure. To get a waiver, developers must prove there's no other suitable site, provide a traffic study, ensure the site is in an industrial zone, and take steps to lessen traffic and environmental effects on nearby residential areas.

(a)CA Government Code § 65098.2(a) The purpose of this section is to ensure that logistics use developments, beginning January 1, 2026, are sited in locations that minimize adverse impacts on residential communities and enhance transportation efficiency. This is achieved by restricting logistics use development to roadways that are suited to handle the associated traffic and that predominantly serve commercial uses.
(b)Copy CA Government Code § 65098.2(b)
(1)Copy CA Government Code § 65098.2(b)(1) Any new logistics use development shall be sited on roadways that meet the following classifications:
(A)CA Government Code § 65098.2(b)(1)(A) Arterial roads.
(B)CA Government Code § 65098.2(b)(1)(B) Collector roads.
(C)CA Government Code § 65098.2(b)(1)(C) Major thoroughfares.
(D)CA Government Code § 65098.2(b)(1)(D) Local roads that predominantly serve commercial uses.
(2)CA Government Code § 65098.2(b)(2) For purposes of this chapter, local roads shall be considered to predominantly serve commercial uses if more than 50 percent of the properties fronting the road within 1000 feet are designed for commercial or industrial use according to the local zoning ordinance.
(c)CA Government Code § 65098.2(c) A waiver may be granted where siting on the designated roadways pursuant to subdivision (b) is impractical due to unique geographic, economic, or infrastructure-related reasons. The waiver shall be approved by the city, county, or city and county, provided that the applicant demonstrates all of the following:
(1)CA Government Code § 65098.2(c)(1) There is no feasible alternative site that exists within the designated roadways.
(2)CA Government Code § 65098.2(c)(2) A traffic analysis has been completed and submitted to the local approving authority.
(3)CA Government Code § 65098.2(c)(3) The site is an existing industrial zone.
(4)CA Government Code § 65098.2(c)(4) The proposed site will incorporate mitigations to minimize traffic and environmental impacts on residential areas to the greatest extent feasible.

Section § 65098.3

Explanation

This law requires logistics use developments to put up anti-idling signs that limit heavy-duty truck engine idling to three minutes. The signs must be located at the entrances and truck loading areas. Additionally, there must be signs at all heavy-duty truck exits to guide drivers to the designated truck routes as specified in a truck routing plan and the state highway system.

(a)CA Government Code § 65098.3(a) Anti-idling signs indicating a three-minute heavy-duty truck engine idling restriction shall be posted at logistics use developments along entrances to the site and at the truck loading bays.
(b)CA Government Code § 65098.3(b) Signs shall be installed at all heavy-duty truck exit driveways directing truck drivers to the truck route as indicated in the truck routing plan, as described in Section 65098.4, and in the state highway system.

Section § 65098.4

Explanation

This law requires facility operators, before receiving a certificate of occupancy, to create a truck routing plan and get it approved by the local planning director. The plan must specify how trucks will travel between the facility and state highways, avoiding sensitive areas as much as possible. It should include details like hours of operation and items stored at the facility and outline strategies such as signage and pavement markings to prevent trucks from lingering on public streets. The facility operator is in charge of enforcing this plan. Additionally, a new truck routing plan must be submitted for approval if the property gets a new tenant. The planning director can suggest changes to the plan to improve traffic and parking issues at any time.

Prior to the issuance of a certificate of occupancy, a facility operator shall establish and submit for approval to the planning director or equivalent position for the city, county, or city and county a truck routing plan to and from the state highway system based on the latest truck route map of the city, county, or city and county. The truck routing plan shall describe the operational characteristics of the use of the facility operator, including, but not limited to, hours of operation, types of items to be stored within the building, and proposed truck routing to and from the facility to designated truck routes that, to the greatest extent possible, avoid passing sensitive receptors. The truck routing plan shall include measures, such as signage and pavement markings, queuing analysis, and enforcement, for preventing truck queuing, circling, stopping, and parking on public streets. The facility operator shall be responsible for enforcement of the truck routing plan. A revised truck routing plan shall be submitted to the planning director or equivalent position prior to a business license being issued by the city, county, or city and county for any new tenant of the property. The planning director or equivalent position shall have discretion to determine if changes to the truck routing plan are necessary, including, but not limited to, any additional measures to alleviate truck routing and parking issues that may arise during the life of the facility.

Section § 65098.5

Explanation

This law states that a city or county in California cannot approve a logistics development project unless it meets the specific standards set in the relevant chapter. It also clarifies that this law does not limit the existing power of cities or counties to completely deny a logistics facility if they choose to.

(a)CA Government Code § 65098.5(a) A city, county, or city and county shall not approve development of a logistics use that does not meet or exceed the standards outlined in this chapter.
(b)CA Government Code § 65098.5(b) This section shall not be construed to restrict the existing authority of a city, county, or city and county to deny a logistics use facility altogether.

Section § 65098.6

Explanation

This law requires that when a city or county approves a logistics development that involves demolishing housing, they must ensure that two new affordable housing units are built for every demolished unit. This applies unless the original unit was substandard before purchase by the developer. The new housing must be affordable for low or moderate-income families and must be located within the same jurisdiction.

If a developer buys residential dwellings and displaces tenants, they have to compensate these tenants with the equivalent of 12 months of rent.

A city, county, or city and county shall condition approval of a logistics use on the following:
(a)CA Government Code § 65098.6(a) Two-to-one 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, pursuant to Section 17920.3 of the Health and Safety Code, prior to purchase by the developer. For each housing unit demolished, regardless of market value of the unit, two units of affordable housing for persons and families of low or moderate income, as defined in Section 50093 of the Health and Safety Code, that are deed-restricted shall be built within the jurisdiction. Funds from any fee imposed for the replacement of demolished housing units shall be placed in a housing-specific set-aside account and shall be used for housing within three years of collection.
(b)CA Government Code § 65098.6(b) If residential dwellings are affected through purchase, the developer shall be required to provide any displaced tenant with an amount equivalent to 12 months’ rent at the current rate.

Section § 65098.7

Explanation

This section clarifies that the rules in this chapter do not override any environmental protection steps required by the California Environmental Quality Act.

Nothing in this chapter shall be construed to supersede mitigation measures required by the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).

Section § 65098.8

Explanation

This law states that the handling and storing of freight impacts everyone in California, affecting public health and communities. Because of its statewide importance, it applies to every city in California, even those with special charters.

The Legislature finds and declares that the movement and storage of freight and the impact of this activity on public health and communities across the state as set forth in this chapter 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, this chapter applies to all cities, including charter cities.

Section § 65098.9

Explanation

This law states that certain rules in this chapter don't apply to a logistics use development if it meets two conditions. First, the project must be a mixed-use development that might introduce sensitive receptors, like schools or hospitals, on the same site. Second, there must be no existing sensitive receptors within 900 feet of the loading bay of the development.

The provisions of this chapter shall not apply to a logistics use development if it meets both of the following:
(a)CA Government Code § 65098.9(a) The logistics use development is a mixed-use development that may create sensitive receptors on the site of the new logistics use development.
(b)CA Government Code § 65098.9(b) There are no existing sensitive receptors within 900 feet of the loading bay.