California state lawmakers are revisiting a first-of-its-kind rule that is touted to increase the state’s regulation of warehouses. The rule covers truck routes into warehouses.
A year ago, Gov. Gavin Newsom signed into law a bill to regulate warehousing and trucking activity. The new rule is intended to reduce emission and benefit community health.
Advocates have said the new rules are necessary to address the boom in warehouse development in the state. The boom is attributed to the growth of e-commerce and consumer expectations for rapid shipping.
They’ve added that studies have correlated the presence of warehouses with negative health effects on nearby communities. Truck traffic associated with warehouses is described as the primary factor.
2024 law
The rules apply to the logistics industry statewide, but the focus is on California’s Inland Empire. The region east of Los Angeles is an urban and metropolitan area centered on the counties of Riverside and San Bernardino.
A statehouse analysis reported that 21 of the largest 100 logistics leases signed in 2019 were located in the Inland Empire.
Key provisions in the new law include establishment of buffer zones between warehouses and “sensitive areas.” Affected areas include homes, schools and daycare centers.
Also covered is the establishment of truck routes that avoid residential areas.
A minimum setback between a sensitive area and the dock bay of a warehouse is required. Requirements are also in place that warehouses are built with current building standards.
Standards include investments in renewable energy, a buffer of up to 100 feet around the facility and a prohibition on the dock bay being adjacent to any “sensitive receptor.”
Sen. Eloise Gomez Reyes, D-Colton, said the new rule “strikes a delicate balance” that puts in place a higher standard for logistic development near sensitive areas.
#AB98 has been signed by the Governor! This is a huge win for communities affected by warehouse over-proliferation. The new minimum standards protect vulnerable areas near sensitive receptors while allowing local communities to adopt even stronger measures. pic.twitter.com/LtcDcdHhOG
— Asm Majority Leader Emerita Eloise Reyes (@EGReyesCA) September 30, 2024
Truck routes
Also included in the 2024 law is a requirement for local governments to create a truck routing plan to and from the state highway system.
Truck routes must be updated throughout the state to reduce truck idling and prevent truck routes from cutting through residential areas. Local governments are required to maximize the use of interstate or state divided highways as preferred routes for truck routes.
Truck loading bays must be at least 500 feet from the property line of the nearest sensitive area to the nearest truck loading bay. A separate entrance for heavy-duty trucks must be accessible “via a truck route, arterial road, major thoroughfare or a local road that predominantly serves commercial-oriented uses.”
Revisions pursued before effective date begins
The new warehouse rules are set to take effect Jan. 1, 2026. In the meantime, critics of the impending rule changes spurred bill sponsors to revisit the issue.
Reyes and Assembly member Juan Carrillo, D-Palmdale, are behind identical bills to clarify multiple issues.
At a recent bill hearing, Carrillo described the 2024 law as “striking a delicate balance between improving the quality of life of communities impacted by the booming logistics industry, while allowing the industry enough flexibility to continue to thrive and bring jobs to California.”
He added that more work needs to be done.
One change would narrow the definition of “logistics use” to be a building that is primarily used as a warehouse for the movement or storage of cargo, goods or products. Agricultural buildings that are operated fewer than 90 consecutive days per year would be excluded.
Another change covers cities and counties outside the Inland Empire. Such locales have a January 2028 deadline to update their circulation elements (identifying and establishing truck routes).
Cities with a population up to 50,000 or counties with a population up to 100,000 in the unincorporated area of the county would have implementation delayed until 2035.
Carrillo said the change would provide more time for small-population counties to update their circulation element.
In addition, the attorney general would be given discretion to work with local governments that are working in “good faith” to comply with the 2024 law, Carrillo added.
Truck route revisions
Two more revisions to the warehouse rules cover truck routing.
Cities and counties have said that updating the circulation element will be a challenge. They’ve added the update will result in numerous other laws requiring changes to their general plans.
Instead, legislation nearing passage at the statehouse would permit local governments to adopt an ordinance to address truck routing.
The other revision addresses a requirement to provide a separate entrance for heavy-duty trucks.
A clarification would be made that an affected entrance would be authorized to include a lane dedicated to heavy-duty trucks and a lane dedicated to other vehicles.
The bill, SB415, has advanced to a final Assembly floor vote. If approved there, the bill would head back to the Senate to sign off on changes before it can move to the governor. LL
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