AB735 - Planning and zoning: logistics use developments: truck routes.

Amended IN Senate September 09, 2025 Amended IN Senate September 05, 2025 Amended IN Senate August 27, 2025 Amended IN Senate June 25, 2025 Amended IN Assembly April 24, 2025 Amended IN Assembly March 26, 2025 CALIFORNIA LEGISLATURE— 2025–2026 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, and to add Sections 65098.1.6 and 65098.2.8 to, the Government Code, to amend Sections 40458.5 and 40522.7 of the Health and Safety Code, and to add Section 2429.9 to the Vehicle Code, relating to land use. LEGISLATIVE COUNSEL'S DIGEST AB 735, as amended, Carrillo. Planning and zoning: logistics 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 buffers, entry gates, and signage. Existing law defines various terms, including “21st century warehouse,” and “tier 1 21st century warehouse,” for purposes of those provisions as logistics uses that, among other things, comply with specified building and energy efficiency standards, including requirements related to the availability of conduits and electrical hookups to power climate control equipment at loading bays, as specified. Existing law, subject to specified exceptions, defines “logistics use” for these purposes to mean 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. 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 mean a building that is primarily used as a warehouse for the movement or the storage of cargo, goods, or products that are moved 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. The bill would make various other technical and conforming changes to the provisions governing logistics use development. Existing law requires a facility 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 facility 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 against a jurisdiction that is in violation of these 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 logistics use development operator. The bill would require a jurisdiction, except as specified, to adopt a prescribed ordinance, on or before January 1, 2028, including that the ordinance establishes specific travel routes for the transport of goods, materials, or freight for storage, transfer, or redistribution to safely accommodate additional truck traffic and avoid residential areas and sensitive receptors, as provided. The bill would, instead, require a county or city that is located in a warehouse concentration region to update its circulation element, on or before January 1, 2026, as specified. On and after January 1, 2028, or January 1, 2030, as specified, the bill would require that all proposed development of a logistics use development be accessible via arterial roads, major thoroughfares, or roads that predominantly serve commercially oriented uses. The bill would provide that in an action brought by authorize the Attorney General, General to bring an action against a city, county, or city and county that is in violation of these provisions. The bill would make a city, county, or city and county that has been found by a court to be in violation of these provisions shall be subject to a civil penalty of up to $50,000 every 6 months, accrued from the date of the violation until the violation is cured, specified costs, and other relief deemed appropriate by the court. The bill would require a city or county to 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. 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 affected through purchase, as provided. This bill would establish that nothing in the provisions described above regarding conditions placed upon approval of a logistics use development shall be construed to preclude the applicability of or compliance with other provisions that, among other things, prohibit an affected city or an affected county, as defined, from approving a development project that will require the demolition of occupied or vacant 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 law requires the south coast district district, subject to an appropriation for the express purpose, to deploy mobile air monitoring systems to collect air pollution measurements in communities that are near operational logistics use developments, use the data collected to conduct an air modeling analysis and submit its findings to the Legislature, and establish a process for receiving community input on how specified penalties assessed and collected are spent. This bill would delete the requirement that the district use the data collected, as described above, to conduct an air modeling analysis and, instead, based upon the amount of appropriated funds, authorize the district to use a combination of new air monitoring data or other measurement data to evaluate pollutant concentrations, as provided. The bill would also make nonsubstantive changes to references to the South Coast Air Quality Management District contained in those provisions. Existing law creates in the Transportation Agency, the Department of the California Highway Patrol under the control of a civil executive officer known as the Commissioner of the California Highway Patrol. Existing law requires the commissioner to establish a school for the training and education of the members of the California Highway Patrol, and for other employees of the department deemed necessary, in traffic regulation, in the performance of their duties, and in the proper enforcement of codes and laws respecting use of the highways. This bill would require the department, on or before January 1, 2027, to make specified training on enforcement of laws relating to commercial vehicles, including, but not limited to, truck route enforcement, available to city and county law enforcement agencies, as specified. 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. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill Text The people of the State of California do enact as follows: SECTION 1. Section 65098 of the Government Code is amended to read: 65098. As used in this chapter: (a) “21st century warehouse” means a logistics use development that meets all of the following: (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) that are in effect at the time that the building permit is issued, including, but not limited to, the following requirements related to: (A) Photovoltaic system installation and associated battery storage. (B) Cool roofing. (C) Medium- and heavy-duty vehicle charging readiness. (D) Light-duty electric vehicle charging readiness and installed charging stations. (2) Has skylights in at least 1 percent of the roof area, or equivalent LED efficient lighting. (3) (A) Provides conduits and electrical hookups at all loading bays serving cold storage. (B) 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 and sufficient power is available. (4) Ensures that any heating, ventilation, and air-conditioning is high-efficiency. (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) (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) Cost shall not be a factor in determining operational feasibility pursuant to this subparagraph. (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) (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) Cost shall not be a factor in determining operational feasibility pursuant to this subparagraph. (C) Should any equipment used on site utilizing small off-road engines be contracted out, the logistics use development shall preferentially contract for services utilizing zero-emission small off-road engines. (b) “Expansion” means the expansion of an existing logistics use development 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) “Heavy-duty truck” means a class 7 or class 8 truck. As used in this subdivision: (1) “Class 7 truck” means a truck with a gross vehicle weight rating of 26,001 to 33,000 pounds. (2) “Class 8 truck” means a truck with a gross vehicle weight rating of greater than 33,000 pounds. (d) “Logistics use development” means a building that is primarily used as a warehouse for the movement or the storage of cargo, goods, or products that are moved 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 development” does not include any of the following: (1) Facilities where food or household goods are sold directly to consumers and are accessible to the public. (2) A building primarily served by rail to move cargo goods or product. (3) (A) A Strategic Intermodal Facility. (B) For purposes of this subdivision, “Strategic Intermodal Facility” means a project that satisfies all of the following requirements: (i) Logistics facilities, including warehousing and transloading facilities, served by rail. (ii) Intermodal freight transport services. (iii) All facility structures and related rail operations are located within a single site footprint. (4) A building that serves a primary agricultural use that is actively operated for a single period of 90 consecutive days or less each year. (e) “Sensitive receptor” means one or more of the following: (1) A residence, including, but not limited to, a private home, apartment, condominium unit, group home, dormitory unit, or retirement home. (2) A school, including, but not limited to, a preschool, prekindergarten, or school maintaining kindergarten or any of grades 1 to 12, inclusive. (3) A daycare facility, including, but not limited to, in-home daycare. (4) (A) Publicly owned parks, playgrounds, and recreational areas or facilities primarily used by children. (B) For purposes of subparagraph (A), the following types of park and recreation areas shall not be considered a sensitive receptor: (i) Parks and recreation areas included as a condition of approval for the logistics use development. (ii) Land that will be used to ensure the public’s right of access to the sea, or other public access, pursuant to the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code) or McAteer-Petris Act (Title 7.2 (commencing with Section 66600)). (iii) Land developed at or adjacent to an airport or seaport for the express purpose of creating a buffer area between sensitive receptors and an airport or seaport facility. (5) Nursing homes, long-term care facilities, hospices, convalescent facilities, or similar live-in housing. (6) Hospitals, as defined in Section 128700 of the Health and Safety Code. (f) “Small off-road engines” means spark-ignition engines rated at or below 19 kilowatts or 25 horsepower or less. (g) “Tier 1 21st century warehouse” means a logistics use devel [Text truncated for display. Full text available on Congress.gov.]