A proposed bill before the California legislature would impose strict requirements for the construction of logistics facilities and warehouses throughout California. AB 1000, introduced by California Assembly Majority Leader Eloise Gomez Reyes would require planned industrial facilities to adopt statutory mitigation measures to be approved by local governments. The bill would apply to facilities of a “qualifying logistics use” which the Assembly Committee on Local Government defined in its bill analysis as including warehouses of 100,000 or more square feet. AB 1000 does not define what other types of facilities might qualify for regulation; Majority Leader Reyes’ comments accompanying the bill focus solely on warehouse construction. The bill would apply to qualifying facilities built within 1000 to 750 feet of “sensitive receptors” such as schools, homes, daycares, community centers, jails, and correctional facilities. Qualifying projects would be required to undertake a cumulative analysis of the air quality impacts and transition their fleets of vehicles and construction equipment to zero emissions vehicles. The bill duplicates certain obligations under CEQA, which also requires that the environmental impacts of proposed projects be disclosed and mitigated to the extent feasible. Opponents of the bill suggest that its broad reach would negatively impact jobs and delay permitting for new construction, though its advocates hope it will lead to better community health outcomes.

The bill comes on the heels of a prior proposal by Majority Leader Reyes in 2021, AB 1547, which proposed more stringent limitations on construction than AB 1000. AB 1547 bill died after failing to be acted upon by the January 31, 2022 deadline. AB 1000 was heard by the Assembly Local Government Committee in April 2023, where it failed to receive the required votes in order to pass through the committee. The committee chair granted reconsideration, making AB 1000 a two year bill that now must pass its house of origin by the second year of the legislative session. AB 1000 will now be reconsidered and may be voted on in 2024, but will be paused for the duration of 2023.

Photo of Samuel D. Bacal-Graves Samuel D. Bacal-Graves

Sam Bacal-Graves helps public and private clients navigate complex land use and environmental issues. He aids developers and agencies with a wide range of legal issues, utilizing his knowledge of CEQA, California’s housing laws, and other planning and environmental laws. (Read more…)

Photo of Tina Thomas Tina Thomas

During the past 40 years, Tina Thomas’s consistent success on behalf of clients has earned her recognition as one of the State’s leading environmental and land use attorneys.

At the core of Tina’s efforts is an unwavering commitment to finding solutions that are…

During the past 40 years, Tina Thomas’s consistent success on behalf of clients has earned her recognition as one of the State’s leading environmental and land use attorneys.

At the core of Tina’s efforts is an unwavering commitment to finding solutions that are both economically and environmentally efficient. Tina’s work extends beyond the traditional role of attorney, shaping not only land use legislation, but also the way it is practiced and understood. Tina was one of the original authors of the Guide to the California Environmental Quality Act, a text that serves as the leading reference on CEQA and an instrumental classroom resource. Additionally, Tina played an extensive role in the passage of California Senate Bill 375, authored by Senator Darrell Steinberg, which encourages smart growth and infill development. (Read more…)