Signs Landmark Duplex and Lot-Split Legislation into Law, SB 10 to Facilitate Upzonings, But Does Not Include CEQA Exemption for Corresponding Projects, California Legislature Passes Housing Crisis Act of 2019 and Rent Control Bill, Among Others, Holland & Knight First in California to Secure Housing Approval Through Litigation Under Streamlining Law, California Court of Appeal Sides with Holland & Knight Clients in Landmark Housing Case, California's 2019 Housing Laws: What You Need to Know, California's 2020 Housing Laws: What You Need to Know, SB 7 Creates Expedited CEQA Litigation Schedule for Qualifying Projects, A Closer Look at California's New Housing Production Laws, California's 2021 Housing Laws: What You Need to Know. New California Cannabis Laws for 2022 January 11, 2022 Several new cannabis laws are now in effect in California for 2022. Photo by Jeff Chiu, AP Photo. But just after the bill was signed into law in September, a referendum effort fueled by oil and gas companies was launched to undo it. Some cities and counties have a higher minimum wage than what is required by the state. Previously, California's short-term runaway and homeless youth shelters limited young people (minors 12-18) to stays of no more than 21 consecutive days. To highlight the successful state efforts, Governor Newsom joined Caltrans cleanup efforts at an encampment on I-10 in Los Angeles Thursday. In November, California voters approved Prop. California's New Laws for 2022, Explained. SB 14 changes the Education Code to allow for absences due to mental and behavioral health to be counted as excused absences. He says that Newsom and state agencies have the power to keep protections in place, regardless. New 2022 California Laws . All rights reserved. Gun rights activists have argued this legislation undermines the second amendment. Sen. Bill Dodd's SB389 . It really was a coming-together of individuals standing up against this hate, Bauer-Kahan said. Newsweek has gone through the new. AB 257 would address working conditions that have been long-standing issues in the fast-food industry, Koonse said. Although some critics faulted SB 9, the duplex law, for failing to specifically impose BMR requirements on new housing, the overall thrust of the Legislature's efforts shows significant and in some cases dramatic attention to BMR housing developments. The following laws have fueled the "End of Single Family Zoning" headlines. There are some new laws in California in 2023, including the minimum wage and jaywalking. Further linking housing with health care, the legislation names California Health and Human Services Secretary Dr. Mark Ghaly and Business, Consumer Services and Housing Agency Secretary Lourdes Castro Ramrez as Co-Chairs of the Council. Ian Cull has the details. He said housing discrimination against former inmates is rampant throughout our state and pushes many to the streets. Many of these wont necessarily intersect with your everyday existence. Its harming not only themselves, but their families, the economy, their community.. "This is probably the best swell in the past 25 years," says longtime surfer Mitt Seely at Topanga Beach. Assembly Bill 89 would require all community colleges in California to create a universal policing curriculum, and it would raise the minimum age for new officers from 18 to 21. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. New York State saw 464 child labor cases last year with $270,000 in civil . The legislation, introduced by Democratic assembly member Rebecca Bauer-Kahan, was approved in the state senate by 39 votes to nil. The first step to create the council required collecting 10,000 signatures of approval from fast-food employees, which the state chapter of the Service Employees International Union says was accomplished with nearly twice the required number. Martin said he hopes the new law will spark plans for how the state can house people exiting prisons, not just while theyre on parole, but permanently. Among the coalition drafting the bill was the Anti-Defamation League. Assembly Bill 890, which passed in 2020, and allows nurse practitioners to practice independently. There are some new laws in California in 2023, including the minimum wage and jaywalking. New. The Governor today signed a package of bills to increase coordination and accountability of the states homelessness spending, including AB 1220 by Assemblymember Luz Rivas (D-Arleta) which reforms the former Homeless Coordinating and Financing Council, renaming it the California Interagency Council on Homelessness, and bolsters the Councils powers through new data mandates and oversight authorities. As a result of AB 1594 victims of gun violence, along with local prosecutors and the state attorney general, will gain the right to sue firearms manufactures for the damage their weapons caused following a number of mass shootings across the U.S. in 2022. Since the law does not authorize development that is inconsistent with local zoning and general plans, parties who would have standing to enforce CC&Rs may turn to applicable general plan or zoning laws to enforce residential restrictions, while others may turn to challenging the constitutionality or enforceability of the law, either on a facial basis or as applied to specific development proposals. AB 816 by Assemblymember David Chiu (D-San Francisco) Homelessness: Housing Trust Fund: housing projects. $22 billion package the largest investment of its kind in state history will result in 84,000 new affordable housing units, including 44,000 homeless units, Multi-pronged approach to homelessness includes major investments to strengthen Californias mental health care system. The Sacramento Police Department reported 112 bias-related incidents for the first six months of 2022. SB 478 prohibits agencies from imposing a FAR of less than 1.0 for a housing development project (comprised solely of residential units, a mixed-use development with at least two-thirds of the square footage attributed to residential uses or transitional or supportive housing as defined in the HAA) consisting of three to seven units and a FAR of less than 1.25 for housing development project consisting of eight to 10 units. News New year Law Legislation Several notable new laws will come into effect in 2022, touching on areas including animal welfare, abortion, wages and internet access. AB 787 expands existing law that permits jurisdictions to claim credit for up to 25 percent of their RHNA from the conversion of existing housing units for very low- and low-income households by also permitting cities and counties to satisfy up to 25percent of the local agency's moderate-income regional housing need through RHNA through the conversion of units in an existing multifamily building to be restricted for moderate-income households. Among the cases filed, one was of Dr. Elysse Versher, vice principal at West Campus High School, who was subjected to anti-Black hate crimes on school grounds earlier this year. These include: SB 10, which authorizes local governments to zone any parcel for up to 10 units of residential density when the parcel is located in a transit-rich area, a jobs-rich area or an urban infill site . SB 35 of 2017 provides for streamlined ministerial approval of qualifying infill affordable housing developments. Minimum wage bump. Part 1 in New California laws for 2022 includes police use of force, elections, hate crimes, homeless children and several bills relating to the COVID-19 pandemic. Recent polls suggest Americans do not want to see another Donald Trump vs Biden contest. Moreover, the laws of each jurisdiction are different and are constantly changing. In California, there are hundreds of "anti-homeless" laws. The new law does not criminalize display or placement of the swastika associated with Hinduism, Buddhism and Jainism. There are exceptions for certain conservation easements and covenants required to comply with state or federal law, but the law will nonetheless have significant effect on real estate throughout the state. Climate and Environment Dozens of climate-related bills were signed into. Those with 100 or more employees will also have to send pay data to the state government, showing "the median and mean hourly rate for each combination of race, ethnicity, and sex within each job category. The newest significant trend is a series of laws that take aim at recorded Covenants, Conditions and Restrictions (CC&Rs), including Assembly Bill (AB) 721, which makes any CC&Rs that limit residential development unenforceable against the developer of a 100 percent Below Market Rate (BMR) development. The intention here is that the minimum wage continues to rise with the cost of inflation, said David Huerta, president of SEIU-United Service Workers West. Los Angeles' new sweeping ordinance to restrict sleeping and homeless encampments in certain areas of the city went into effect Friday, but only accessibility obstructions will be enforced until . The Legislature enacted important reforms to spur more density through SB 10 and amendments to the State Density Bonus Law (SDBL) and took aim at restrictive floor area ratio (FAR) and lot coverage standards. As an urgency statute, this law took effect on May 20, 2021. Our efforts are a model for the nation, and more importantly, were getting people off the streets and into the housing and services they deserve.. For California the beginning of each new year sees an array of new laws take effect having been passed by the state legislature then signed into law by the governor, currently Gavin Newsom. Learn more about these and other new laws below. Those with violent or serious felonies in their backgrounds wouldnt get their records automatically sealed, but would be able to petition a court to have them sealed. As previously reported, SB 10 provides that if local agencies choose to adopt an ordinance to allow up to 10 dwelling units on any parcel within a transit-rich area or urban infill site, the rezoning will be exempt from environmental review pursuant to the California Environmental Quality Act (CEQA), but subsequent project approvals are not necessarily exempt, unless the local agency adopts a ministerial approval process or there is another exemption or local law that exempts the project. But, opponents of the law want to stop it before it starts. Calves intended to be sold as veal must be housed with a minimum of 43 square feet per calf. By Ariel Gans. The bill was introduced in March by Democratic Assembly member Rebecca Bauer-Kahan and 17 co-authors from every legislative ethnic caucus. It will also be possible to seal some violent crime records, but this will require permission from a court. Los Angeles County is seeking co-applicants for the funding. Here are 11 categories of new laws that take effect next year across California. The new law. The seven new projects will provide 387 housing units for people experiencing or at risk of experiencing homelessness. $22 billion housing affordability and homelessness package, four housing bills signed earlier this month, housing affordability bills signed yesterday, Presidential Major Disaster Declaration Expanded to Three Additional Storm-Impacted Counties, Governor Newsom Honors Fallen Los Angeles County Sheriffs Detective 1.18.23, Businesses Impacted by Storms Now Eligible for Emergency Tax Relief, Governor Newsom Signs Executive Order to Support Communities Impacted by Winter Storms1.16.23, Governor Newsom ProclaimsDr. Martin Luther King, Jr. Day 2023. For full text details and authorship regarding chaptered laws and the effective dates, please click on the bill number below for access to the California Legislature official releases. SACRAMENTO The COVID-19 pandemic continued to slow the pace of governing California in 2021 as it did the year before, with the second fewest number of . As in most years, the Legislature made only modest CEQA reforms by reenacting streamlined CEQA litigation tools, now available to certain qualifying mixed-use and residential projects, and adding a CEQA exemption for homelessness and COVID hardship housing. He said the change improves upon the existing 3-foot law when passing a biker. California has a critical housing shortage: The median home price broke $800,000 in 2021, and some experts say California needs about 3 million new homes for the growing population. (For further information on SB 35's streamlined ministerial approval process, see Holland & Knight's previous alerts on the firm's legal victories using SB 35 to achieve project approvals: "Holland & Knight First in California to Secure Housing Approval Through Litigation Under Streamlining Law," Sept. 11, 2020, and "California Court of Appeal Sides with Holland & Knight Clients in Landmark Housing Case," April 26, 2021.). A 2017 study by the advocacy and policy organization the Guttmacher Institute found that more than 40% of counties in California dont have a clinic that provides abortions. California will establish a new court program to steer and even force homeless people with severe mental . California's budget this year includes about $7.4 billion to pay for 30 housing and homelessness programs, according to an analysis by the nonpartisan Legislative Analyst's Office. Read on for five of the most important laws that all California landlords need to know as 2022 approaches. And, no longer will red tape and bureaucracy prohibit us from building housing in the right locations to address our climate crisis., PublishedDecember 27, 2022 at 3:03 PM PST, Inside JPR | Public Reports & FCC Applications, signed landmark legislation back on Labor Day, brought workers hourly minimum pay from $10 to $15, A 2022 study from the Institute for Health Policy Studies at UC San Francisco. The report must take into account projected enrollment growth and the goal of closing the degree gap, defined to mean the gap between the number of highly educated workers that California's future economy will need and the number the state is on pace to produce. It also allows for housing on that land, and exempts such projects from local approval processes and the California Environmental Quality Act. California Environmental Quality Act (CEQA) Litigation Except where urgency statutes are specifically noted, the new laws take effect Jan. 1, 2022. The minimum for businesses with 25 or fewer employees bumps to $14 with the new year and will increase to $15 per hour on Jan. 1 . If the answer is no, they then do not get paroled, Martin explained. Supporters of the new law say serving prison time can change the trajectory of a persons life permanently and unfairly. The California Comeback Plan calls for the biggest expansion of this kind of housing and treatment since Governor Reagan began dismantling Californias mental health system in the late 1960s. Californias secretary of state is responsible for reviewing the signatures and certifying that a referendum qualifies for the ballot. We think 50 cents helps working people in an inflationary economy to at least keep up. That's more than double the federal minimum of $7.25 an hour. Most affordable housing programs and laws target "lower income" households (which, in most counties, are generally households who earn less than 80 percent of Area Median Income [AMI]). The minimum wage has been gradually increasing under a 2016 law that brought workers hourly minimum pay from $10 to $15. There's nothing stopping CalGEM, which is the agency responsible for permitting in California, to just stop permitting within the setback zone, Naseck said. SB 731 will allow people who have served time on or after Jan. 1, 2005, to automatically have their records expunged as long as they havent been convicted of another felony in the past four years. SACRAMENTO In September 2021, Governor Gavin Newsom announced the state had prioritized 100 high-profile encampment sites on state land to clear. The SLA has been strengthened in recent years (with new penalty provisions) as a result of noncompliance in the past and to increase opportunities for affordable housing and other public purposes on underutilized public land. The Legislature took little action to streamline the approval of housing developments other than to extend and revise previously enacted laws. They get kept in prison.. The Legislature also focused particular attention on issues of fair housing and equity, including a new law that requires all BMR homes within a development to be integrated and have the same access to common areas and amenities as non-BMR homes with apparent retroactive effect. AB 2223 provides new protection against prosecution for those who have an abortion, or otherwise lose a baby before birth, whilst SB 1375 will increase the range of medical personnel permitted to conduct an abortion. We expanded it to schools because we decided that was a sensitive space where we don't want, especially our young people, to be terrorized.. 3 Comments. For full text details and authorship regarding laws and the effective dates, please click on the bill number below for access to the California Legislature official releases. The hens have to be housed with a minimum of 144 square inches per hen. One reason current data is unreliable is that inmates often tell parole boards they have housing, even if they dont, according to Chris Martin, policy director with Housing California, a nonprofit that supported the law. Companies employing more than 15 people will also be required to include pay scales in job postings. The law builds on existing law that allows parties to eliminate unenforceable racially restrictive covenants from recorded documents but goes dramatically further by making any recorded CC&Rs that restrict the number, size or location of residences that may be built on a property, or that restrict the number of persons or families who may reside on a property, unenforceable against the owner of a 100 percent BMR housing development that is affordable to lower-income households. AFFH means, among other things, "taking meaningful actions that overcome patterns of segregation and foster inclusive communities" and "address significant disparities in housing needs and in access to opportunity." It requires agencies to identify an existing level of services for public facilities and information supporting the agency's actions in increasing fees and requires agencies to impose fees on a housing development proportionately to the square footage of the development or make findings for a different methodology. SB 224 requires mental health instruction to be included in . Perhaps most significantly, California in 2017 relaxed laws to make it easier for homeowners to convert and rent out . They all needed to be treated equally, Bauer-Kahan said. Here is a sampling of 44 new laws set to hit the State of California. Those reports must include, among other findings, data indicating the number of parolees who are experiencing homelessness, and the number of those parolees experiencing homelessness who have previously been identified as having serious mental health needs, according to the text of the law. The Legislature did not advance any significant new streamlining laws, but it did create opportunities for creative project applicants to use provisions such as the SDBL to create feasible housing opportunities and to invoke the HAA and the HCA to move project approvals forward. (See Holland & Knight's previous alert, "California Legislature Passes Housing Crisis Act of 2019 and Rent Control Bill, Among Others," Sept. 12, 2019.) This year, the California governor, Gavin Newsom, is pushing a $14bn investment in homelessness solutions, meant to create 55,000 new housing units and treatment slots. Hopefully we can see this data inform some kind of strategies and ideas around where we go from here, he said. A 2022 study from the Institute for Health Policy Studies at UC San Francisco showed that white ex-convicts were more likely to benefit from clean slate laws than Black people, for example. While larger companies hit the $15 per hour minimum wage in January 2022, smaller businesses had an extra year to meet the requirement. A Dec. 13 statement from CIPA said that the signatures were submitted to the state for verification. Previously, they were simply required to maintain a distance of at least three feet. Bauer-Kahan commented: "A noose and a swastika and a burning cross were treated differently, both where they could legally be placed and how they were treated as a penalty. This coming legislative session, Weber hopes to introduce a new bill that would mandate all California schools to utilize the list of practices developed by the states education department, to ensure all students, regardless of where their school is located, are able to benefit. The new laws listed below become effective January 1, 2022 unless otherwise noted. A coalition called Save Local Restaurants, whose biggest funders are In-N-Out Burger, Chipotle, and Starbucks (among others), has submitted more than a million signatures to put the issue on the ballot in 2024. All eyes are on the Newsom administration, in terms of being able to secure these protections in the next two years, should the referendum make it to the ballot.. We need to start implementing some things that work so that all students in California can be successful in having very strong academic foundations instead of taking a child and disciplining them and kicking them out of their learning environment either temporarily or permanently, she said. California Labor Commissioner Launches Online Wage Claim Application. Assembly Bill 1909 makes four changes to laws affecting bicyclists, as well as drivers and pedestrians who share California roads. Applicants who submit qualifying preliminary applications for housing developments prior to Jan. 1, 2030, can now invoke vesting rights until Jan. 1, 2034. The report recommended the district utilize restorative justice as a suspension alternative, to build communities and restore relationships between all affected parties after an incident has occurred.. The program is expected to generate up to 11,000 jobs over three years. Housing and Land Use AB 215 (Chiu) - Housing Element Violations: Increases the enforcement authority of the state Department of Housing and Community Development (HCD) in relation to violations of state housing law. More broadly, the SDBL amendments do the following: In another revision related to the SDBL, AB 1584 (a housing omnibus bill discussed further below under "Covenants, Conditions and Restrictions (CC&Rs)" section) amends the HAA to clarify that any SDBL incentives, concessions, waivers and reductions in development standards and not just the density bonus itself are disregarded when considering a project's consistency with objective standards under the HAA. The Democrats currently hold veto-proof super majorities in both houses. Today, numerous laws infringe on poor people's equal protection under the law.We have introduced legislation called the Right to Rest in California , Oregon & Colorado to overturn local laws targeted to remove certain . Those exemptions could both speed up the process and lower the cost of building homes. Environmental groups have rallied behind the idea of SB 1137 for years, saying that a space or setback zone will keep communities farther from the impacts of leaking wells and pollution. Part 5 in New California laws for 2022 includes homeless shelters, public officials, DMV records, local government, debt collections, local board of supervisors and more. The bill also prohibits cities from requiring bicycle licenses. A controversial measure that would require hotels in Los Angeles to rent vacant rooms to homeless people will go before voters in 2024, the City Council decided . Now, three years later, the state has become a national leader, investing $14.7 billion towards homelessness with a coordinated statewide approach focusing on encampment resolution and housing through the Homekey program. In addition to the current requirements, agreements recorded after Dec. 31, 2021, must also include 1) a delineation of all areas of the property that are for the exclusive use of a cotenant, 2) delineation of each cotenant's responsibility for the costs of taxes, insurance, utilities, general maintenance and repair and improvements associated with the property, and 3) procedures for dispute resolution among cotenants before resorting to legal action. Members of the California Independent Petroleum Association spent millions on signature-gathering efforts to get the referendum on the ballot. A qualifying intergenerational housing development must have at least 80 percent of the units occupied by at least one senior citizen, defined as a person 55 years of age or older, and up to 20 percent of the units occupied by at least one caregiver or transition-age youth. Deputies responded around 3:30 a.m. to reports of multiple shots fired at the residence . Stripping Bad Cops of Their Badges For decades, bad cops could skirt discipline by jumping from one California police force to another. You cannot racially target and terrorize people.. Single-Family Homes and Lots Zoned for Single-Family Residences, Covenants, Conditions and Restrictions (CC&Rs), Equity, Fair Housing and Below Market Rate (BMR) Housing, California Environmental Quality Act (CEQA) Litigation, Clarify that the SDBL more broadly applies to projects with for-sale housing by replacing prior references to "common interest developments" with references to for-sale housing, Provide that when determining the required percentage of units that must be affordable in order to qualify for SDBL benefits, the "total units" or "total dwelling units", Provide that an impact on the physical environment is no longer an appropriate basis for denying a concession or incentive, aligning the SDBL with the Housing Accountability Act's (HAA) basis for denying or reducing the density of a qualifying housing development project, Impose a new parking maximum of 0.5 spaces per bedroom for a development that includes 40 percent moderate income, for-sale units and is within a half-mile of a major transit stop to which residents have unobstructed access. SB 8 also enacts a series of reforms intended to provide that HCA provisions apply to both discretionary and ministerial approvals as well as to the construction of a single dwelling unit and makes a series of revisions to the already complex replacement housing and relocation requirements. It all depends on what happens in the coming days. AB 1443 by Assemblymember Kevin McCarty (D-Sacramento) Mental health: involuntary treatment. But many of them from a bump in the minimum wage to changes for cyclists likely will affect your community, businesses or family. To qualify, a project must consist of three to 10 units in a multifamily residential zone or mixed-use zone in an urbanized area and cannot be within a single-family zone or within a historic district. Only 623,212 verified signatures are needed to qualify the initiative and put the law on hold until voters weigh in. It is not designed to be, and should not be used as, the sole source of information when analyzing and resolving a legal problem, and it should not be substituted for legal advice, which relies on a specific factual analysis. SB 478 also makes any private development CC&R void and unenforceable if it effectively prohibits or unreasonably restricts an eligible FAR, as authorized under the new FAR standards and summarized above (and now found in Government Code Section 65913.11). Thats in the wake of a 2020 report showing the latter district has one of the highest suspension rates for Black students, mainly boys, in California. One law at the. Julie Leopo/EdSource. The SDBL continues to be the most commonly used tool to increase housing density and production. This is an urgency statute that went into effect Sept. 28, 2021, but requires HCD to adopt these policies as a part of the formal rulemaking process in order to take effect. Share with friendsIn this week's episode, we discuss a new California law that impacts the overtime hours for Californian farmworkers. Stripping bad cops of their badges For decades, bad cops could skirt discipline by jumping from one California police force to another. Assembly Bill 89 would require all community colleges in California to create a universal policing curriculum, and it would raise the minimum age for new officers from 18 to 21. Local agencies are required to update their Housing Element every eight years (or four years if HCD determines it is noncompliant). Recognizing that "home ownership provides low-income families the opportunity to build inter-generational wealth," AB 1095 revises laws governing the Affordable Housing and Sustainable Communities Program (AHSC) and the Strategic Growth Council (SGC) to specify that both programs aim to promote affordable housing rental units and owner-occupied affordable housing units. 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