Tulare’s new citywide plan allows cold storage facilities within industrial-zoned parts of town. But California Attorney General Rob Bonta says the city should require costly environmental reviews or mitigation measures otherwise emissions from refrigerated diesel trucks could harm the Matheny community.

What’s more, Bonta’s lawsuit comes as the state last year passed sweeping legislation that outlines protections for large developments near neighborhoods.

Assembly Bill 98 directly addresses how future developments, including cold storage facilities, should power refrigerated trucks.

Additionally, requirements from the California Air Resources Board establish emission limits that make those trucks some of the cleanest in the world, said attorney John Kinsey, who represents many industrial companies.

In a question to Bonta from GV Wire during a news conference Thursday, he could not say whether the standards set by AB 98 — largely crafted using lawsuit settlements from his office — provided sufficient protections to disadvantaged communities.

However, in a news release, he said his office was protecting disadvantaged communities.

“As Attorney General, I have a responsibility to enforce the state’s environmental laws, and I am committed to standing up for communities that too often are overlooked,” Bonta said. “Matheny Tract residents deserve environmental protections that prioritize their health and well-being.”

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Matheny Tract Is About 1,000 Feet from Industrial Park

Once the only community in the area where racist city laws allowed Black families to buy homes, Matheny Tract now has more than 1,000 residents, primarily Hispanic, the lawsuit states.

You can view other data about Matheny at this link.

Just outside city limits, it lies near Tulare’s industrial park. About 1,000 feet away from homes there, two scrap metal recycling facilities, a logistics facility, a trucking company, and a demolition center operate, according to Bonta’s lawsuit.

In 2022, the city began updating its general plan. Part of that update included allowing cold storage facilities — used by farmers to keep produce chilled — in the city’s industrial areas without requiring additional environmental studies, the lawsuit states.

Tulare City Manager Mark Mundell said he could not comment on pending litigation other than the city followed all state laws in their general plan update.

Bonta said the council did not do an environmental analysis for the update. The city argued under the California Environmental Quality Act that the landmark law’s “common sense” exemption applied, according to the lawsuit.

Much of the city’s industrial zoning is adjacent to Matheny Tract. Community residents, along with members of the Fresno-based Leadership Council for Justice and Accountability and the Laborers International Union of North America, described how noise and vibrations from truck traffic harmed people and polluted the air, according to the lawsuit.

LCJA’s former directing attorney, Ashley Werner, took a job in Bonta’s office in 2024.

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Bonta especially objected to emissions from refrigerated trucks, which are called transport refrigeration units.

“These TRUs emit high levels of toxic diesel particulate matter, nitrogen oxides, and other harmful emissions,” Bonta’s news release stated. “TRU diesel engines often must continue to operate, which spews toxic emissions, while the trucks are on-site at a facility for loading or unloading. Trucks with TRUs emit more harmful pollutants than standard trucks.”

State Law Has Specific Protections for Disadvantaged Communities

The agricultural industry relies on cold storage facilities to preserve produce so it can be shipped worldwide.

Those trucks must comply with CARBS’s ultra-low-emission TRU standards within seven years of the model year date. Kinsey said that since implementation refrigerated vehicles aren’t a significant source of pollution. And, by 2029, refrigerated units will have to be zero-emission.

“While I can’t speak to the merits of the lawsuit, it is unfortunate because the Valley badly needs additional warehouse capacity, which is vital to a healthy agricultural economy that requires the refrigeration of food and produce across long distances,” Kinsey said.

AB 98 also requires cities to update codes to meet minimum development standards. California Chamber of Commerce praised it as a good compromise. They said it would standardize requirements.

Opposed by business advocates, numerous California cities, and environmental groups, AB 98 created statewide standards for large industrial projects, including cold storage facilities. It requires local governments to update city codes to abide by the new law. Many said the rules wouldn’t stop there.

Environmental groups said it didn’t go far enough. LCJA opposed AB 98.

The law’s authors wanted to create a way to protect communities from emissions while promoting job growth.

They used settlement terms between the AG’s office and the cities of Fontana and Bakersfield.

While Bonta could not immediately recall the details in AB 98, in his answer to GV Wire, he said that California has figured out a way to balance industrial development and still protect disadvantaged communities.

AB 98 stipulates how warehouse developments near sensitive receptors must locate docking bays, how refrigerated trucks should be powered, and how industrial developments should utilize clean energy. It requires idling refrigerated trucks to plug into power conduits.

But in Bonta’s lawsuit, attorneys said the city should require conditional-use permits for cold storage facilities, even in areas designated for industrial use. Conditional-use permits can be costly and time-consuming, requiring public notices and hearings.

Bonta’s lawsuit seeks to void the general plan update and require the city to pay all attorneys’ fees and “other relief as the court deems just and proper.”