Governor Newsom signs warehouse development bill, ignores environmental justice concerns

AB 98 fails to consider the cumulative health impacts of the warehouse industry on communities, treating warehouses as individual sources of pollution when the problem is much bigger.

FOR IMMEDIATE RELEASE
September 29, 2024

MEDIA CONTACT
Jill Hindenach, Leadership Counsel for Justice and Accountability, 202-494-6309, jhindenach@leadershipcounsel.org

SACRAMENTO, CA — Today, Governor Newsom announced his signature of AB 98, despite opposition to the measure from over 60 community-based organizations and environmental organizations. The groups criticized AB 98 for greenwashing pollution related to warehouse development, rather than offering meaningful protections for communities experiencing the health and safety impacts that come with warehouses and associated truck traffic.

A major concern with warehouse development is that truck routes and warehouses are too close to people’s homes, schools and other community centers. Under this new law, warehouses can be as close as 300 feet from schools, homes, and parks. This conflicts with the state’s own guidance from the Attorney General and California Air Resources Board that call for at least a 1000 feet distance.  

“While our state leaders claim that AB 98 offers community protections from warehouse development and associated truck traffic, it will do no such thing,” said Asha Sharma, state policy manager at Leadership Counsel for Justice and Accountability. “The distance proposed in AB 98 is not protective for communities who are impacted by the pollution, noises, and safety concerns from warehouse development.”

Additionally, the bill does not require emission reductions related to warehouse operations and truck traffic — the primary environmental and health concern related to warehouse development. AB 98 only requires air monitoring next to warehouses in two counties in California, meaning the impacts of the bill will largely go unmeasured. 

AB 98 fails to consider the cumulative health impacts of the warehouse industry on communities, treating warehouses as individual sources of pollution when the problem is much bigger. Clusters of warehouses are developing and expanding in neighborhoods that are already overburdened by air pollution and in areas that are already out of compliance with the Clean Air Act. 

“This is disappointing for our communities that will have to bear the brunt of weak standards. We know warehouses are tremendous sources of pollution and developers and cities have not acted in good faith and have placed them dangerously close to our schools and homes in the Inland Empire,” said Andrea Vidaurre, co-founder / policy analyst & advocate at The People’s Collective for Environmental Justice. “We need the legislature and the governor to commit to working with us next year to get real protections for our communities.”

The passing of AB 98 by the state legislature also lacked the typical public process. The text of AB 98 was released on the amendment deadline in the last few days of the legislative session, meaning there were no opportunities to amend the bill language based on feedback from legislators or the public. AB 98 was passed by two committees on the Senate side, but did not go through a single committee in the Assembly, and no debate was allowed on the Assembly floor on the bill.

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