Cal. Gov't Code § 65098

As used in this chapter:

(a) “21st century warehouse” means a logistics use development that meets all of the following:
1. (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:
  1. (A) Photovoltaic system installation and associated battery storage.
  2. (B) Cool roofing.
  3. (C) Medium- and heavy-duty vehicle charging readiness.
  4. (D) Light-duty electric vehicle charging readiness and installed charging stations.
2. (2) Has skylights in at least 1 percent of the roof area, or equivalent LED efficient lighting.
3. (3)
  1. (A) Provides conduits and electrical hookups at all loading bays serving cold storage.
  2. (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. (4) Ensures that any heating, ventilation, and air-conditioning is high-efficiency.
5. (5)
  1. (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.
  2. (B)
    1. (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.
    2. (ii) Cost shall not be a factor in determining operational feasibility pursuant to this subparagraph.
6. (6)
  1. (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.
  2. (B)
    1. (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.
    2. (ii) Cost shall not be a factor in determining operational feasibility pursuant to this subparagraph.
  3. (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. (1) “Class 7 truck” means a truck with a gross vehicle weight rating of 26,001 to 33,000 pounds.
2. (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. (1) Facilities where food or household goods are sold directly to consumers and are accessible to the public.
2. (2) A building primarily served by rail to move cargo goods or product.
3. (3)
  1. (A) A Strategic Intermodal Facility.
  2. (B) For purposes of this subdivision, “Strategic Intermodal Facility” means a project that satisfies all of the following requirements:
    1. (i) Logistics facilities, including warehousing and transloading facilities, served by rail.
    2. (ii) Intermodal freight transport services.
    3. (iii) All facility structures and related rail operations are located within a single site footprint.
4. (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. (1) A residence, including, but not limited to, a private home, apartment, condominium unit, group home, dormitory unit, or retirement home.
2. (2) A school, including, but not limited to, a preschool, prekindergarten, or school maintaining kindergarten or any of grades 1 to 12, inclusive.
3. (3) A daycare facility, including, but not limited to, in-home daycare.
4. (4)
  1. (A) Publicly owned parks, playgrounds, and recreational areas or facilities primarily used by children.
  2. (B) For purposes of subparagraph (A), the following types of park and recreation areas shall not be considered a sensitive receptor:
    1. (i) Parks and recreation areas included as a condition of approval for the logistics use development.
    2. (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)).
    3. (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. (5) Nursing homes, long-term care facilities, hospices, convalescent facilities, or similar live-in housing.
6. (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 development that meets all of the following:
1. (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:
  1. (A)
    1. (i) Photovoltaic system installation and associated battery storage.
    2. (ii) For purposes of the photovoltaic system installation requirement in clause (i), all logistic use square footage should be considered conditioned space.
  2. (B) Cool roofing.
  3. (C) Medium- and heavy-duty vehicle charging readiness.
  4. (D) Light-duty electric vehicle charging readiness and installed charging stations.
2. (2) Has skylights in at least one percent of the roof area, or equivalent LED efficient lighting.
3. (3) Has a microgrid-ready switchgear system capable of supporting distributed energy resources.
4. (4) Is advanced smart metering ready.
5. (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. (6) Has a minimum of 10 percent of all passenger vehicle parking spaces installed with electric vehicle charging stations.
7. (7)
  1. (A) Provides conduits and electrical hookups at all loading bays serving cold storage.
  2. (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.
8. (8) Ensures that any heating, ventilation, and air-conditioning is high-efficiency.
9. (9)
  1. (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.
  2. (B)
    1. (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.
    2. (ii) Cost shall not be a factor in determining operational feasibility pursuant to this subparagraph.
10. (10)
  1. (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.
  2. (B)
    1. (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.
    2. (ii) Cost shall not be a factor in determining operational feasibility pursuant to this subparagraph.
  3. (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.
(h) “Warehouse concentration region” includes the unincorporated areas within 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.
(i) “Logistics park” means a development consisting of multiple buildings containing logistics use developments.