Lawmakers try to jam through warehouse setback bill

Two lawmakers have gutted and amended a bill that would place severe restrictions on new or expanding warehouses. The end-of-session move comes after months of closed-door negotiations that excluded local governments and other key stakeholders.

"This warehouse bill is the latest attempt to undercut local control and land use authority," Ontario City Manager Scott Ochoa said. "Establishing statewide standards based on worst-in-class circumstances is detrimental to all players and invites negative unintended consequences. Legislators should find effective means of discouraging bad actors and supporting communities engaged in good land planning, not building a fast track for a race to the bottom."

In essence, AB 98 (Carillo, Juan and Reyes)is an unfunded mandate that unnecessarily penalizes all local governments. It would require setbacks between new warehouses and homes, hospitals, and schools, as well as new rules for trucking routes. The unintended consequences are endless. The measure is so objectionable that Cal Cities took the unusual step of opposing the billbefore it went into print.

It's not unusual though for lawmakers to gut and amend billsin the 11th hour. Legislators argue the process lets them respond to fast-moving issues. But lawmakers crafted the measure so hastily that there is already talk of clean-up legislation next year. The last-minute push for a complicated policy change with no input from local governments has frustrated city officials throughout the state.

"If your policy has merit, then run it through the established process that is designed to be fair, transparent, and thorough," wrote Biggs City Administrator Josh Cook in a letter today to the bill authors.

The measure has even drawn criticism from environmental justice groups- the very constituency the bill claims to help - justifying the need to hold the bill this year and have it heard through the full legislative process next year.

AB 98 will be routed through two policy committees but no changes to the language can be made due to the 72-hour in print rule.

How bad is this bill?

AB 98 would limit new or expanded warehouses on existing and rezoned industrial sites within 900 feet of sensitive receptors unless specific standards are met. Cities would also need to update their circulation elements to account for related truck routes, signage, parking, and idling. Cities that fail to do so could face $50,000 fines every six months from the Attorney General - no questions asked.

"AB 98 undermines the land use authority of cities and counties, even where policies are already in place to protect sensitive areas," Merced City Manager Scott McBride said. "This bill not only pushes warehouse projects out of California but also discourages job-creating investments from considering the state. This shift exacerbates unemployment and poverty in regions that most need economic opportunities, ultimately diminishing Californians' ability to prosper."

AB 98 is so broad that it would impact every city. All cities would need to update their circulation elements to account for truck routes within the next one to two years, even if they don't approve logistic use projects in their community. Furthermore, trucks could only travel on highways that predominately serve commercial uses - something not all communities can accommodate.

Existing law already requires local governments to update their circulation elements with proactive measures for bicyclists and pedestrians in that same timeframe. This increases the likelihood that cities will be hit with fines.

What can my city do?

Lawmakers have until midnight on Saturday to pass the measure. If your city has not yet voiced its opposition, call your senator today. For more information, contact your regional public affairs manager.