Downtown Fresno may be a viable option according to one city leader. He says that Newsom and state agencies have the power to keep protections in place, regardless. 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. This installment includes migrant childcare, homeless children, water theft, factual innocence, mental health, home inspections and more. Stripping bad cops of their badges For decades, bad cops could skirt discipline by jumping from one California police force to another. 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. 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. Only 623,212 verified signatures are needed to qualify the initiative and put the law on hold until voters weigh in. 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. 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. 1. Jerry Brown signed 15 housing bills in 2017, and Newsom signed 18 in 2019.) 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. Senate Bill 903 authored by now-retired Senator Bob Hertzberg attempts to measure this prison-to-streets pipeline. The program is expected to generate up to 11,000 jobs over three years. Combined, the funding will lead to the creation of over 84,000 new affordable homes for Californians, including over 44,000 new housing units and treatment beds for people exiting homelessness. Todays legislation, along with our overall $22 billion housing affordability and homelessness package, will move the needle on creating more housing for the homeless and will allow us to tackle the homelessness crisis in ways California has never done.. But now, the law could be put on hold. 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. 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 . Governor Newsom is especially focused on rebuilding the states portfolio of housing and treatment options for people with severe behavioral health challenges. Assembly Bill 1909 makes four changes to laws affecting bicyclists, as well as drivers and pedestrians who share California roads. Additionally, an agency may not deny a housing development project located on an existing legal parcel solely on the basis that the lot area does not meet the agency's requirement for minimum lot size. AB 2282 introduces tougher punishment for those who use hateful symbols in schools as part of hate crimes. But this research was done on such laws that put more restrictions on who was eligible to apply. 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. Gavin Newsom on Thursday signed into law a hefty package of legislation aimed at addressing California's mounting homelessness crisis. 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. SB 224 requires mental health instruction to be included in . Effective July 1, minimum wage in the city of Los Angeles will increase from $15 per hour to $16.04 per hour for all covered employees. 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. This year, CapRadio is focusing on 10 new laws that could impact your world. Governor Newsom demanded this new accountability as part of his multibillion-dollar homelessness investment, and worked with the Legislature to craft these new oversight laws. The bill also prohibits cities from requiring bicycle licenses. 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 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). Do not send any privileged or confidential information to the firm through this website. 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 Existing law notifies a buyer of real property that recorded covenants on the property may contain racially restrictive or other unenforceable discriminatory provisions and informs buyers of their right to file an Restrictive Covenant Modification (RCM) form that effectively operates to remove the covenant from any subsequent documents sent to future buyers by the county recorder. General view of the Hollywood sign on a hill above Los Angeles, California. And if you reply yes, youre not going to get that unit, Martin said. 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. Tia Koonse is the legal and policy research manager at the UCLA Labor Center and says pay is just one part of the plan. Under the legislation, certified nurse midwives and qualified nurse practitioners will be able to carry out abortions, without requiring a physician to be supervising the procedure. AB 977 by Assemblymember Jesse Gabriel (D-Encino) Homelessness program data reporting: Homeless Management Information System. Atkins own AB 154, which passed in 2013 and permitted nurse practitioners to conduct first-trimester abortions under a doctors supervision. Published: Feb 16, 2022 Seven new Homekey projects will provide 387 housing units SACRAMENTO - Governor Gavin Newsom today announced more than $116 million in funding for seven Homekey projects across the state. FY 2023-24 Homeless Initiative Funding Recommendations Review the Draft Budget and Provide Feedback Proposed $598.4 Million Spending Plan Reflects New Framework to End Homelessness, Maximizes Measure H Funding READ MORE Mobile Clinics for People Experiencing Homelessness . Although clearly a new requirement, AB 491 states that it is declaratory of existing law (apparently a reference to the fact the authors believe that isolating BMR units may violate current fair housing or anti-discrimination requirements), which means that state and local building officials may apply it retroactively. A fourth part of the bill doesnt go into effect until 2024. 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. California's New Laws for 2022, Explained. One new law would task the California Department of Education with developing evidence-based best practices for restorative justice. 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. 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. 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 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. Please note that email communications to the firm through this website do not create an attorney-client relationship between you and the firm. Supporters of the new law say serving prison time can change the trajectory of a persons life permanently and unfairly. There has been some research in the past that points to the racial equity component of clean slate laws like this one. Ian Cull has the details. 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. But many of them from a bump in the minimum wage to changes for cyclists likely will affect your community, businesses or family. 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. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. The report details how more and more city ordinancesand the overzealous enforcement of themare targeting this population. On Jan. 1, the minimum wage in California will increase to $15.50 an hour. 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. Finally, the law directs HCD to create an impact fee nexus study template. 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. Covered employees are defined by law as those who perform at . Deputies responded around 3:30 a.m. to reports of multiple shots fired at the residence . Most of them take effect on Jan. 1. 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. In 2022, the minimum wage in California was $14 an hour for employers with 25 or fewer employees and. Its unacceptable, said Governor Newsom. All rights reserved. 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. AB 345 further facilitates ADUs by removing the requirement for a local agency to first pass an ordinance allowing the conveyance of an ADU separately from a primary residence (which can be an extended process) before such conveyance occurs and permits an ADU to be sold or conveyed separately from the primary residence to a qualified buyer (low- and moderate-income individuals and families as defined in California Health and Safety Code Section 50093) and if certain conditions are met, including that the primary residence or ADU was built by a qualified nonprofit corporation and that the property is held pursuant to a recorded tenancy in common agreement. 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. Photo by Jeff Chiu, AP Photo. Similar provisions have previously been included in locally adopted inclusionary housing requirements. New Laws in 2022 2022 will be a landmark year in California thanks to new laws that protect our restaurants and small businesses, protect our workers, address the housing and homelessness crisis, reform our system of policing, strengthen social justice, and more! 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. That analysis also says a side benefit of the law, AB 2011, will be a decrease in vehicle miles traveled and tailpipe emissions, as there will be housing adjacent to work and shopping. (See Holland & Knight's previous annual recaps of California Housing Laws in the final section below.) 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. WHAT THE BILL WOULD DO. AB 257 would address working conditions that have been long-standing issues in the fast-food industry, Koonse said. 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. California Environmental Quality Act (CEQA) Litigation Except where urgency statutes are specifically noted, the new laws take effect Jan. 1, 2022. There are some new laws in California in 2023, including the minimum wage and jaywalking. Here are 11 categories of new laws that take effect next year across California. 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. There's nothing stopping CalGEM, which is the agency responsible for permitting in California, to just stop permitting within the setback zone, Naseck said. It also requires the agency to report on student housing projects receiving density bonuses as part of a housing element annual report. The legislation additionally requires the SGC to adopt guidelines or selection criteria for the AHSC program that include both affordable housing rental and owner-occupied affordable housing units. It also makes efforts to repair while centering the needs of those who have been harmed. 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,. 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). 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. Leaving people on the streets and our highways is dangerous and inhumane. Gavin Newsom signs a $123.9 billion package to support K-12 education. However, if the government does NOT provide enough shelters, it may NOT prevent people from sleeping on the streets at night.2Martin v Boise (2018) - 9th Circuit AB 1174 further reforms the streamlined ministerial approval statute by addressing the process for modifying the project after an SB 35 permit is issued. Minimum wage bump. Hundreds of new laws will take effect across California in 2023. 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. The California Interagency Council on Homelessness will also be the entity responsible for receiving, reviewing and ultimately approving homelessness plans submitted by cities, counties and Continuums of Care as part of the states $2 billion local homelessness assistance package through the Homeless Housing, Assistance and Prevention Program (HHAP). The seven new projects will provide 387 housing units for people experiencing or at risk of experiencing homelessness. 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. As previously described, the Legislature in 2018 required public agencies to administer their public programs, and in particular their housing elements, "in a manner to affirmatively further fair housing [AFFH]." California has provided housing or shelter to more than 67,000 people since the beginning of the pandemic and 55,000 housing units have been or are in the process of being deployed. Here are 13 laws coming to California in 2023: Jaywalking: Pedestrians will no longer be cited for crossing the street outside of a crosswalk, unless they are . 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. Labor Commissioner Revokes Garment Manufacturer's License for Labor Law Violations and Informs Employers of New Law for 2022. Assembly Bill 2282, hate crimes at . December 22, 2021 Annual Series on New California Laws Sacramento, Calif.- Part 22 in New California Laws for 2022. The hallmark of Holland & Knight's success has always been and continues to be legal work of the highest quality, performed by well prepared lawyers who revere their profession and are devoted to their clients. 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. The physical feasibility of adding duplexes, lot splits and Accessory Dwelling Units (ADUs) on single-family lots will likely determine how frequently these tools will be utilized. 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.. 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. As an urgency statute, this law took effect on May 20, 2021. 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 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. 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." AB 2147, The Freedom to Walk Act, would allow law enforcement officers to stop a pedestrian for jaywalking only when "a reasonably careful person would realize there is an immediate danger of a collision."The Legislature passed, but Newsom vetoed . As an urgency statute, the law took effect on Sept. 17, 2021. 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. 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. A new report by Berkeley Law's Policy Advocacy Clinic (PAC) reveals a major rise in the criminalization of homeless people in California. 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." 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. (See Holland & Knight's previous alert, "California Legislature Passes Housing Crisis Act of 2019 and Rent Control Bill, Among Others," Sept. 12, 2019.) In Sacramento County, two school districts have started to implement and experiment with restorative justice practices: Natomas and Sacramento City. Many of these wont necessarily intersect with your everyday existence. 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. One underappreciated provision of Housing Element Law is the requirement that, if a city cannot identify sufficient sites adequate to accommodate its regional housing need, the Housing Element must commit to rezone properties within three years to allow "by right" development of 20 percent BMR projects. 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. Climate and Environment Dozens of climate-related bills were signed into. "This is probably the best swell in the past 25 years," says longtime surfer Mitt Seely at Topanga Beach. We think 50 cents helps working people in an inflationary economy to at least keep up. New York State saw 464 child labor cases last year with $270,000 in civil . This new income band of acutely low-income households is likely to be targeted in future state or local funding programs and inclusionary zoning ordinances. 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. 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. California Gov. 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. As such, this law strengthens the enforcement tools that may be used against noncompliant jurisdictions. Those taking effect on July 1, 2022 range from school . (See Holland and Knight's previous alert, "SB 7 Creates Expedited CEQA Litigation Schedule for Qualifying Projects," May 28, 2021.) The record storms that pummeled California have also been a boon to Southern California surfers, who have been riding massive waves the likes of which haven't been seen in years. SB 290 first builds on a 2018 law by Sen. Skinner, SB 1227, providing for density bonuses for projects that included student housing pursuant to the SDBL. Read on for five of the most important laws that all California landlords need to know as 2022 approaches. It passed the Senate 39-0. Here's a breakdown of 11 of those new laws taking effect in 2022, most of which lawmakers approved in the last session - (a few videos cover more than one new law on the same subject). Members of the California Independent Petroleum Association spent millions on signature-gathering efforts to get the referendum on the ballot. 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. The following new laws are aimed at curbing the increasing cost of housing production by imposing additional procedures on jurisdictions adopting impact fees and prohibiting affordable housing fees on affordable housing units. AB 602 imposes additional standards and procedures for agencies adopting impact fees. The Affordable Housing and High Road Jobs Act identifies areas zoned for parking, retail or office buildings where land could be used for housing. One year later, California has cleared an average of 100 encampments per month with a total of 1,262 cleared sites, removing 1,213 tons of trash enough to fill 22 Olympic-size swimming pools. Existing law requires school buildings to meet heightened standards for earthquake safety in order to protect children and requires the California Department of General Services (DGS) to approve plans and construction methods for such buildings. 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. Learn more about these and other new laws below. 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. With the 2022 primary elections less than six months away, candidates are diving head-first into one of California's most visible and persistent problems: homelessness. A new law aims to help schools identify the nearly 270,000 homeless students estimated to live in California. You cannot racially target and terrorize people.. Copyright 19962023 Holland & Knight LLP. 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. 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 Democrats currently hold veto-proof super majorities in both houses. / (MB) https://www.morningbrew.com/daily/stories/king-charles-III-inheritance? Some cities and counties have a higher minimum wage than what is required by the state. 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. Advocates say the bill will make biking safer. But, opponents of the law want to stop it before it starts. ", Drivers will now be required to move into another lane when passing a cyclist in the same direction if this can be done "with due regard for safety and traffic conditions" and is "practicable and not prohibited by law.". Stripping Bad Cops of Their Badges For decades, bad cops could skirt discipline by jumping from one California police force to another. VISALIA, Calif. (AP) Six people including a 17-year-old mother and her 6-month-old baby were killed in a shooting early Monday at a home in central California, and authorities are searching for at least two suspects, sheriff's officials said. 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. As previously reported, Senate Bill (SB) 9 provides for the ministerial approval of converting existing homes occupied by a homeowner into a duplex if certain eligibility restrictions are satisfied. Sacramento County, two school districts have started to implement and experiment restorative... Previous annual recaps of California housing laws in the final section below. themare targeting population... At least keep up at the residence information System industry, Koonse said was! A.M. to reports of multiple shots fired at the UCLA Labor Center says! 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