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." Applicants who submit qualifying preliminary applications for housing developments prior to Jan. 1, 2030, can now invoke vesting rights until Jan. 1, 2034. It will also be possible to seal some violent crime records, but this will require permission from a court. A new law aims to help schools identify the nearly 270,000 homeless students estimated to live in California. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Gavin Newsom has signed into law, grouped into following categories: Except where urgency statutes are specifically noted, the new laws take effect Jan. 1, 2022. 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. In addition, Assembly Bill (AB) 1584 (discussed further below under "Covenants, Conditions and Restrictions (CC&Rs)") builds on previously established laws promoting ADUs by declaring unenforceable any CC&R that prohibits, effectively prohibits or restricts the construction or use of an ADU on a lot zoned for single-family use. The agency must consider and incorporate public comments prior to submission to the HCD for review. Photo by Jeff Chiu, AP Photo. Governor Newsom Announces Homekey Grants for New Homeless Housing in Los Angeles and Sacramento Published: Feb 01, 2022 Roomkey and Homekey sheltered 58,000 unhoused Californians California Blueprint proposes $2 billion for total $14 billion homelessness package that will create 55,000 new housing units and treatment slots in the coming years "Alien" is removed from California State Code ( AB 1096) - strikes . 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. READ MORE. Advocates say the bill will make biking safer. Understanding the prison-to-streets problem. 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. A Dec. 13 statement from CIPA said that the signatures were submitted to the state for verification. The most notable exceptions to duplex and lot split by right approvals are 1) the property could not have been used as a rental for the past three years, 2) the property cannot already have an accessory dwelling unit or junior ADU, 3) the new lot may not be less than 40 percent of the property and must be at least 1,200 square feet, 4) modifications to the existing home may not require the demolition of more than 25 percent of an exterior wall, and 5) neither the new duplex nor the lot split with up to four new units (a duplex on each) may not result in a significant adverse impact to the physical environment. The new law does not criminalize display or placement of the swastika associated with Hinduism, Buddhism and Jainism. Since September 2021, the state has cleared an average 100 encampments per month. 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. A new law will give qualified nurse practitioners and certified nurse midwives the ability to perform first-trimester abortions in California without the supervision of a physician. This year, CapRadio is focusing on 10 new laws that could impact your world. It also makes efforts to repair while centering the needs of those who have been harmed. 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. SACRAMENTO - This year, the California Legislature passed and Governor Gavin Newsom signed historic measures to fight climate change, protect women's right to choose, support small businesses, pay equity and more. The 13 new laws give cities and counties across the state greater leeway to build supportive housing and shelters at a faster, more efficient pace, and in some cases, allow exemptions to existing regulations. The Sacramento Police Department reported 112 bias-related incidents for the first six months of 2022. 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.. AB 362 by Assemblymember Sharon Quirk-Silva (D-Fullerton) Homeless shelters: safety regulations. To that end, $3 billion of the homelessness investment is dedicated to housing for people with the most acute behavioral and physical health needs and will create approximately 22,000 new beds and treatment slots. 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. California Environmental Quality Act (CEQA) Litigation Except where urgency statutes are specifically noted, the new laws take effect Jan. 1, 2022. 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. FILE - Tents line the streets of the Skid Row area of Los Angeles Friday, July 22, 2022. In Sacramento County, two school districts have started to implement and experiment with restorative justice practices: Natomas and Sacramento City. Read on for five of the most important laws that all California landlords need to know as 2022 approaches. (For additional analysis, please see Holland & Knight's alert, "California Gov. But at the same time, we know $15 is barely enough at this point in time.. Here is a sampling of 44 new laws set to hit the State of California. Stripping bad cops of their badges For decades, bad cops could skirt discipline by jumping from one California police force to another. Gavin Newsom signed nearly 1,000 bills into law. California's Minimum Wage to Increase to $15 per Hour for Large Employers, $14 per Hour for Small Employers. But now, the law could be put on hold. SB 9 does not address covenants, conditions or restrictions that may prohibit multifamily development or lot splits. That's about to change. Gutting IRS Will Help Wealthy Avoid More Taxes | Opinion, Eliminating Income Tax Means More Money for Americans | Opinion. Senate Bill 903 authored by now-retired Senator Bob Hertzberg attempts to measure this prison-to-streets pipeline. His Homekey initiative, the . Shall the measure entitled The City of Sacramento Emergency Shelter and Enforcement Act of 2022 - which requires identification of a minimum number of emergency shelter spaces based on the estimated number of homeless persons; conditions enforcement of the city's unlawful camping ordinance on shelter space availability; prohibits encampments; allows residents to bring action against the . Assembly Bill 890, which passed in 2020, and allows nurse practitioners to practice independently. WHAT THE BILL WOULD DO. During his Administration, the Governor has helped clean up several encampments across the state. AB 838, effective July 1, 2022, requires a city or country to investigate a complaint of a substandard building. With additional standards and procedures, more engaged oversight and comment on the impact fee process by housing groups and industry organizations may follow. AB 1043 adds a new subset of "lower income households": "Acutely Low Income" households, who earn 15 percent of AMI and whose rents can be no greater than 30 percent of the 15 percent AMI level. AB 816 by Assemblymember David Chiu (D-San Francisco) Homelessness: Housing Trust Fund: housing projects. They all needed to be treated equally. For option 2, a recorded contract must memorialize a) affordability restrictions for at least 45 years, b) an equity sharing agreement and c) a repurchase option that requires a subsequent purchaser desiring to sell or convey the property to first offer the nonprofit corporation the opportunity to repurchase the property. 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. Existing law deems that a building is substandard if it endangers the life, health, or safety of its residents. In connection with for-sale density bonus units that qualified a developer for an award of a density bonus under the SDBL, SB 728 requires that such unit be either 1) initially occupied by a person or family of the required income, offered at an affordable housing cost and subject to an equity sharing agreement, or 2) purchased by a qualified nonprofit housing organization receiving a property tax welfare exemption. It passed the Senate 39-0. 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 . Tia Koonse is the legal and policy research manager at the UCLA Labor Center and says pay is just one part of the plan. AB 1180 amends the definition of the type of land a local agency may declare as "exempt surplus land" to include the transfer of surplus land to a federally recognized California Native American tribe. "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. December 22, 2021 Annual Series on New California Laws Sacramento, Calif.- Part 22 in New California Laws for 2022. 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. But many of them from a bump in the minimum wage to changes for cyclists likely will affect your community, businesses or family. We want to fight back against acts of intimidation, but we also have to be mindful of the First Amendment and the right to free speech, said its regional director, Seth Brysk. 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. 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. The bill was authored by Democratic Senator Maria Elena Durazo. The SDBL grants bonuses, concessions, waivers and parking reductions to projects with qualifying affordable housing. They get kept in prison.. of Labor found more than 2,800 minors who were employed in violation of the law in 2021. ", New legislation means Californians will only be breaking the law when crossing the road using a non-designated crossing point if they do so where "a reasonably careful person would realize there is an immediate danger of a collision.". Do not send any privileged or confidential information to the firm through this website. Moreover, the laws of each jurisdiction are different and are constantly changing. Gavin Newsom signs a $123.9 billion package to support K-12 education. Benjamin Oreskes Aug. 2, 2022 Updated 4:28 PM PT The Los Angeles City Council voted Tuesday to prohibit homeless people from setting up tents within 500 feet of schools and day-care centers,. Within a wide-sweeping budget bill funding housing programs, AB 140 creates a new CEQA exemption for certain housing projects that are targeted at prospective residents facing homelessness and COVID hardship. Similar provisions have previously been included in locally adopted inclusionary housing requirements. Agencies must adopt studies at a public hearing with at least 30 days' notice, notify any member of the public who requests notice of an impact fee nexus study and consider any evidence submitted by any member of the public that the agency's determinations or findings are insufficient. On Jan. 1, the minimum wage in California will increase to $15.50 an hour. Although California Senate Bill (SB) 9 (by-right duplexes) and SB 10 (upzonings up to 10 units) received the most attention, other important laws promoting increased density were enacted, such as SB 290, which reforms the State Density Bonus Law (SDBL), and SB 478, which limits floor area ratio (FAR) and lot coverage standards that limit multifamily housing. 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. AB 571 prohibits agencies from imposing affordable housing impact fees, including inclusionary zoning fees and in lieu fees, on affordable units proposed as part of a SDBL project. a referendum effort fueled by oil and gas companies was launched to undo it. Thats certainly not the experience of all fast-food workers, but a significant and sizable amount; more than other industries.. 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. That means [cyclists] get a little bit of a head start to get through the intersection, which are the most dangerous places for [them], Banks said. Gov. The Democrats currently hold veto-proof super majorities in both houses. The second part of the law is. 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. Los Angeles Times. Share with friendsIn this week's episode, we discuss a new California law that impacts the overtime hours for Californian farmworkers. SB 8 extends until 2030 provisions that limit localities' authority to impose shifting requirements as part of application "completeness" review, as well as provisions that require localities to render any decision about whether a site is historic at the time the application for the housing development project is deemed complete. SB-311 (Hueso), aka "Ryan's Law," which requires certain hospitals and healthcare facilities to allow terminal patients to use medical cannabis, took effect on January 1, 2022. AB 838. A law requiring a 1,200 foot space between oil and gas wells and community areas will go into effect on Jan. 1. 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. FAR is a common mechanism in local zoning codes that limits the total floor area of a building in relation to the square footage of a lot. Democratic Assembly member Buffy Wicks, who drafted the act, says it marks a turning point for Californias housing production needs no longer will lack of land be an issue. Kobi Naseck, coalition coordinator for environmental group VISION, says that even if the referendum effort is successful, that doesnt necessarily mean the end for these protections. If you have specific questions regarding a particular fact situation, we urge you to consult the authors of this publication, your Holland & Knight representative or other competent legal counsel. 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. That office will likely conclude their review of the submitted signatures sometime in January. Those taking effect on July 1, 2022 range from school . Members of the California Independent Petroleum Association spent millions on signature-gathering efforts to get the referendum on the ballot. AB 491 requires that, for any residential structure with five or more residential dwelling units that include both affordable housing units and market-rate housing units, the BMR units must provide the same access to common entrances, areas and amenities as non-BMR units, and the building "shall not isolate the affordable housing units within that structure to a specific floor or an area on a specific floor." 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. $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. California will establish a new court program to steer and even force homeless people with severe mental . This installment includes migrant childcare, homeless children, water theft, factual innocence, mental health, home inspections and more. Governor Newsom joins Caltrans at an encampment cleanup in Los Angeles Thursday. 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. Stripping Bad Cops of Their Badges For decades, bad cops could skirt discipline by jumping from one California police force to another. The Legislature took little action to streamline the approval of housing developments other than to extend and revise previously enacted laws. Gov. (See Holland & Knight's alert, "SB 10 to Facilitate Upzonings, But Does Not Include CEQA Exemption for Corresponding Projects," Sept. 20, 2021.). Advocates say they are hopeful that SB 731 is expansive enough to avoid racial disparities like this. Its harming not only themselves, but their families, the economy, their community.. Some cities and counties have a higher minimum wage than what is required by the state. 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. In order to qualify, the conversion 1) must occur beginning Jan. 1, 2022, 2) units may not be previously affordable to very low-, low- or moderate-income households, 3) must be subject to a 55-year recorded agreement and 4) the initial post-conversion rent for the unit must be at least 10 percent less than the average monthly rent charged during the 12 months prior to conversion. 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. 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. And we really do believe that this bill strikes that right balance.. How much is the British Crown worth? In the wake of COVID-19 and the political, social, and economic upheaval that followed, the California state legislature has responded by passing hundreds of new laws. Newsom could have an eventful year with insiders tipping him as a possible Democratic Party candidate for the 2024 presidential election, especially if Joe Biden decides not to seek a second term. The legislation, introduced by Democratic assembly member Rebecca Bauer-Kahan, was approved in the state senate by 39 votes to nil. The law, authored by Democratic Assembly member Dr. Akilah Weber, is an effort to disrupt the so-called school-to-prison pipeline, which refers to the disproportionate and increased likelihood of students of color particularly Black students being disciplined in school via suspension or police to end up incarcerated as adults. 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. Hopefully this will increase the use of bikes and make it safer for folks on the road.. In addition to the investments addressing homelessness and housing affordability, the California Comeback Plan includes $1.1 billion to clean up the streets of California by partnering with local governments to pick up trash and beautify downtowns, freeways and neighborhoods across California. One very notable trend in this year's session was new laws that take aim at existing recorded CC&Rs: rules and limitations on the use of property which are usually imposed by a developer or a homeowners association, attached to the title of a property, memorialized in documents recorded by the county recorder and binding as private contracts upon later purchasers of property. As an urgency statute, this law took effect on May 20, 2021. SEATTLE. Researchers have found a strong link between leaving prison and entering homelessness, but have struggled to find exact data. 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. Many of these wont necessarily intersect with your everyday existence. AB 68 requires the HCD to develop and publish on its website in an annual report regarding land use oversight actions taken against local agencies related to housing for violations of the HCA, AFFH policies (AB 686), SB 35 streamlining, Permanent Supportive Housing streamlining (AB 2162) and Low Barrier Navigation Center streamlining (AB 101). Solomon is among an estimated 7,800 people without a home in San Francisco, a city that has come to be seen as an emblem of California's staggering inability to counter the homeless crisis . In November, California voters approved Prop. AB 1443 by Assemblymember Kevin McCarty (D-Sacramento) Mental health: involuntary treatment. When Governor Newsom took office, California lacked money, coordination and accountability in tackling the states homelessness crisis. 1. The Californian minimum wage is set to increase to $15.50, thanks to the SB 3 (2016) legislation. In addition to SB 478 (discussed above), which restricts CC&Rs that impose FAR restrictions, laws restricting CC&Rs include the following: One of the most under-publicized laws of the 2021 session, AB 721 makes recorded covenants that limit residential development unenforceable against qualifying affordable housing developments. 1: One For the Road When restaurants shut down in-person dining early in the pandemic, the laws governing. AB 1304 further reforms these requirements by clarifying that public agencies have a mandatory duty to comply with AFFH requirements by requiring housing element site inventories to identify sites needed to meet the AFFH requirement and analyze the relationship of those sites to the locality's AFFH duty, and providing other further specific guidance about how housing elements must analyze AFFH policies and goals. (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.). Related: Marijuana: 5 things to watch for in California in 2022. Urban Footprints analysis estimates that 108,000 acres of land would be newly open for home construction, with the potential for between 1.5 and 2.5 million homes, 200,000 to 300,000 of which would not require a government subsidy. The Legislature also focused on encouraging student and intergenerational housing planning and production. In 2022, California Gov. A record 310 homeless people died in the Seattle area last year, highlighting the region's struggle to house the thousands of people living on its streets. In July 2022, the U.S. Dept. Here are 11 categories of new laws that take effect next year across California. During 2022 just under 1,000 laws were approved in California and are set to start impacting the lives of state residents across a wide variety of topics. It all depends on what happens in the coming days. 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