Counties Urge for Practical Fixes to AB 98’s “Clean-Up” Legislation

Update (9/12/25): The cleanup legislation moving forward has been amended to address county concerns, and CSAC now strongly supports its passage.

Original article:

Counties are calling on state lawmakers to fix a rushed and costly law aimed at curbing warehouse-related air pollution and traffic congestion before it creates unintended harm across California. 

The original measure – AB 98 (Carrillo) – passed in the final hours of the 2024 legislation session. While intended to address impacts from the logistics industry in Inland Empire, the bill’s sweeping, one-size-fits-all mandates extend to every local government in the state, even in regions with no warehouses or related development.  

Two “clean-up” bills – AB 735 and SB 415 – are now moving through the Legislature. Counties warn that without key amendments, these measures will fail to correct AB 98’s overreach. 

Chief among counties’ concerns is AB 98’s requirement for all local governments to update their General Plan to include logistics-related elements, regardless of whether warehouse development is occurring or planned. These updates are expensive, complex, and time-consuming, with costs ranging from thousands to millions of dollars. At a time when counties are already buckling under the weight of federal and state budget cuts, these additional burdens threaten to pull resources away from critical services, such as public health, emergency response, and safety net programs.  

Counties are also raising alarms about the law’s potential impacts on housing development and affordability. Higher permit fees will delay housing production and reduce investment opportunities in local communities. This will make it more difficult for local governments to deliver the affordable housing that Californians desperately need. 

Another significant concern is the bill’s enforcement mechanism, which grants authority to the Attorney General to levy fines of $50,000 every six months for noncompliance. Counties argue this shift politicizes enforcement decisions that should be based strictly on legal interpretation and handled through the courts. 

As the deadline for final amendments approaches, counties urge the Legislature and the authors of AB 735 and SB 415 to adopt targeted fixes that address these issues without undermining the bill’s original intent. Specifically, CSAC is requesting the following amendments: 

• Allow cities and counties to meet AB 98’s requirements by passing an ordinance, instead of requiring costly and time-intensive General Plan updates.   

• Remove the traffic update requirement for local governments in regions without any proposed or expanded warehouse projects—particularly in rural counties.  

• Shift enforcement authority from the Attorney General to the courts if a local government is not acting in good faith compliance. 

Counties recognize the need to mitigate the environmental and community impacts of large-scale warehouse developments, but a blanket approach is neither practical nor equitable. California’s 58 counties vary widely in geography, land use patterns, and local planning needs. CSAC continues to advocate for flexible, community-specific solutions that allow local governments to comply with the law in a way that makes sense for their constituents. 

The proposed “clean-up” legislation offers an opportunity to course-correct and ensure that AB 98 achieves its intended goals without placing unnecessary burdens on the communities that were never the focus of the original bill.