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. Calves intended to be sold as veal must be housed with a minimum of 43 square feet per calf. No longer will there be a lack of incentive for workers to join the construction workforce. 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. 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. Copyright 19962023 Holland & Knight LLP. Weber, a physician, said implementing restorative justice practices in schools is a manner of focusing on social determinants of health. This bill also expands the attorney general's authority to independently seek action and grants HCD the ability to hire or appoint other counsel if the attorney general does not pursue action against a local agency that has violated certain housing laws, inclusive of the HCA, AFFH policies (AB 686), SB 35 Streamlining, Permanent Supportive Housing streamlining (AB 2162) and Low Barrier Navigation Center streamlining (AB 101). 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,. How much is the British Crown worth? Los Angeles Times. In California there is no legal right to shelter, which means the government is not required to provide a place to sleep for every individual who needs one. 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. From healthcare to marriage to law enforcement, these new rules affect the daily lives of everyone in the state. One new law would task the California Department of Education with developing evidence-based best practices for restorative justice. 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. This year, CapRadio is focusing on 10 new laws that could impact your world. Gavin Newsom signed nearly 1,000 bills into law. Many of these wont necessarily intersect with your everyday existence. $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. 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. There has been some research in the past that points to the racial equity component of clean slate laws like this one. AB 306 removes these requirements and requires DGS to approve the plans, specifications and methods of construction of certain factory-built school buildings to exclude from the definition of "school building" any building used or intended to be used by a school district as residential housing, meaning any building used as a personal residence by a teacher or employee of a school district or community college district. Gavin Newsom signed many laws impacting California employers. Hopefully this will increase the use of bikes and make it safer for folks on the road.. 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. Finally, the law directs HCD to create an impact fee nexus study template. Here are 22 new laws Californians must start following 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. Assembly Bill 257, the FAST Recovery Act. 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. Assembly Bill 2282, hate crimes at . Sacramento, Calif.-. To be eligible an ex-convict must have completed their sentence, and not committed any more offenses. (See Holland & Knight's previous alert, "California's 2019 Housing Laws: What You Need to Know," Oct. 8, 2018.) California is investing billions of dollars to house thousands of people and clean up our communities and streets. 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 Legislature has continued the trend of amending the Surplus Land Act (SLA), enacted in 2019 to activate underutilized publicly owned land to encourage the development of affordable housing. 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. "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. 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 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.. 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. 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. After going into effect on Jan. 1, 2023, the new law will continue until Jan. 1, 2028. Leaving people on the streets and our highways is dangerous and inhumane. 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. But this research was done on such laws that put more restrictions on who was eligible to apply. Schools are tasked with figuring out just how many students are homeless, but it's not easy even in a state where nearly 270,000 homeless students are . 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. The new law does not criminalize display or placement of the swastika associated with Hinduism, Buddhism and Jainism. 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. Researchers have found a strong link between leaving prison and entering homelessness, but have struggled to find exact data. Stripping Bad Cops of Their Badges For decades, bad cops could skirt discipline by jumping from one California police force to another. 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. 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. a referendum effort fueled by oil and gas companies was launched to undo it. Those exemptions could both speed up the process and lower the cost of building homes. SB 791 establishes within HCD the California Surplus Land Unit to provide technical assistance to local agencies and developers to "facilitate the development and construction of residential housing on local surplus land." Gun rights activists have argued this legislation undermines the second amendment. The law does not streamline project approval, but qualifying projects can benefit from expedited litigation procedures that attempt to reduce CEQA challenge timelines to less than a year if they can achieve the governor's certification. Several laws focus on fair housing and equity, including a new law that requires all BMR homes within a development to be integrated with market-rate homes, adding a new "Acutely Low Income" Household category and adding fair housing criteria to state and local program eligibility. Senate Bill 1375, reproductive access. The bill will require drivers to change lanes before passing a cyclist, if a lane is available. The law also clarifies that subsequent permit applications must only meet the objective standards that were in place when the original development application was submitted. That office will likely conclude their review of the submitted signatures sometime in January. 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. Attorney Advertising. 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. The UC Berkeley Labor Centermaintains a list. That's about to change. As an urgency statute, the law took effect on Sept. 17, 2021. Fast-food workers in California were hoping for higher wages in the New Year after Governor Gavin Newsom signed landmark legislation back on Labor Day. The bill also prohibits cities from requiring bicycle licenses. 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 . 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 . 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. Some cities and counties have a higher minimum wage than what is required by the state. 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. On Jan. 1, the minimum wage in California will increase to $15.50 an hour. Covered employees are defined by law as those who perform at . California will be required to collect data each year on how many people are exiting prison into unstable housing or outright homelessness under a new law that goes into effect Jan. 1.. The Department of Finance certified in July that a 7.9% year-over-year increase in the Consumer Price Index would require the minimum wage to increase to $15.50 in 2023 for small and large businesses. California's New Laws for 2022, Explained. To highlight the successful state efforts, Governor Newsom joined Caltrans cleanup efforts at an encampment on I-10 in Los Angeles Thursday. Three of the changes become effective on Jan. 1. 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). Assembly Bill 1909 makes four changes to laws affecting bicyclists, as well as drivers and pedestrians who share California roads. Companies employing more than 15 people will also be required to include pay scales in job postings. During his Administration, the Governor has helped clean up several encampments across the state. Minimum wage bump. 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. 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. Similar provisions have previously been included in locally adopted inclusionary housing requirements. Some of the new laws became effective immediately and others, including some that were signed into law just weeks ago, take effect January 1, 2023, or later. To add to our state's limited housing inventory, California's legislature passed several new laws in 2021, to take effect in 2022. The new law. 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 . / (MB) https://www.morningbrew.com/daily/stories/king-charles-III-inheritance? And if you reply yes, youre not going to get that unit, Martin said. SB 224 requires mental health instruction to be included in . It will also be possible to seal some violent crime records, but this will require permission from a court. 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. Deputies responded around 3:30 a.m. to reports of multiple shots fired at the residence . With additional standards and procedures, more engaged oversight and comment on the impact fee process by housing groups and industry organizations may follow. Please note that email communications to the firm through this website do not create an attorney-client relationship between you and the firm. All rights reserved. General. AB 1029 permits HCD to add the preservation of affordable housing units to a list of pro-housing, local policies that allow cities and counties to qualify for extra points or preference when scoring program applications for state programs, including the AHSC grant program, Transformative Climate Communities (TCC) Program and the Infill Incentive Grant (IIG) Program of 2007 for award cycles commenced after July 1, 2021. (See Holland & Knight's alert, "SB 10 to Facilitate Upzonings, But Does Not Include CEQA Exemption for Corresponding Projects," Sept. 20, 2021.). The Housing Element is a part of a local agency's general plan, which requires them to adequately plan for their "fair share" of housing needs pursuant to the Housing Needs Allocation (RHNA). 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). Here is a sampling of 44 new laws set to hit the State of California. In 2022, California Gov. In July 2022, the U.S. Dept. HOUR 1. SACRAMENTO, Calif. A crew of state workers arrived early one hot summer day to clear dozens of people camped under a dusty overpass near California's Capitol. 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." Todays bills, along with thefour housing bills signed earlier this monthand thehousing affordability bills signed yesterday, represent the most comprehensive strategy to address the homelessness and housing affordability crisis in state history. They all needed to be treated equally. So, safety, harassment, violence, retaliation, wage theft. Related: Marijuana: 5 things to watch for in California in 2022. 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. As previously described, SB 7 revises and expands on the previously enacted Environmental Leadership Development Project (ELDP) litigation process to include qualifying mixed-use and residential projects that were not previously eligible for certification. 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. Sen. Bill Dodd's SB389 . In 2022, the minimum wage in California was $14 an hour for employers with 25 or fewer employees and. While larger companies hit the $15 per hour minimum wage in January 2022, smaller businesses had an extra year to meet the requirement. (For more details regarding the SLA, see Holland & Knight's previous alert, "California's 2020 Housing Laws: What You Need to Know," Oct. 18, 2019). 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. The agency must consider and incorporate public comments prior to submission to the HCD for review. California is investing an unprecedented $22 billion to tackle these systemic issues, with $12 billion allocated for homelessness and behavioral health services to help get tens of thousands of people off the streets or avoid homelessness altogether. AB 602 imposes additional standards and procedures for agencies adopting impact fees. Among the 43 new bills that address homelessness, climate change and affordable housing is one that seeks to get organic material out of the state's landfills. Betty Mrquez Rosales. SEATTLE. 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. "California leads, and we do so by following our moral compass and staying true to our values," said Governor Newsom. The seven new projects will provide 387 housing units for people experiencing or at risk of experiencing homelessness. As such, this law strengthens the enforcement tools that may be used against noncompliant jurisdictions. There are some new laws in California in 2023, including the minimum wage and jaywalking. We cant nibble around the edges of the homelessness crisis, we need to implement bold, transformative solutions investing more money than ever before to get folks off the street and provide the mental health and other services they need to stay off the streets, said Governor Newsom. Advocates say they are hopeful that SB 731 is expansive enough to avoid racial disparities like this. 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. This year, CapRadio is focusing on 10 new laws that could impact your world. SB 591 authorizes the establishment of intergenerational housing developments that would include senior citizens, caregivers and transition-age youth in order to permit developers who receive local or state funds or tax credits designated for affordable rental housing to prioritize and restrict occupancy of certain developments to senior citizens, caregivers and transition-age youth. It really was a coming-together of individuals standing up against this hate, Bauer-Kahan said. The following laws have fueled the "End of Single Family Zoning" headlines. 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. The statewide California minimum wage will rise to $15.50 per hour for all employer sizes. As in previous years, the California Legislature passed a large volume of laws related to housing in the 2021 legislative session. And we really do believe that this bill strikes that right balance.. 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. AB 1398 requires a locality that fails to adopt a housing element that the California Department of Housing and Community Development (HCD) has found to be in substantial compliance with state law within 120 days of the statutory deadline to complete this required rezoning no later than one year from the deadline for adoption of the housing element and prohibits the Housing Element from being found in substantial compliance until that rezoning is completed. This installment includes migrant childcare, homeless children, water theft, factual innocence, mental health, home inspections and more. 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. You cannot racially target and terrorize people.. The 10-person council is made up of four worker representatives, four employers, one person from the governors office and one from the Department of Industrial Relations. Feet per calf as those who perform at required by the state 15.50 per for... Until Jan. 1, the Governor has helped clean up several encampments across the state childcare, homeless children water! Has been some research in the state that this bill strikes that balance! 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