The program is expected to generate up to 11,000 jobs over three years. 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. 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. 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. 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. 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. 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. Gov. (For additional analysis, please see Holland & Knight's alert, "California Gov. If the answer is no, they then do not get paroled, Martin explained. All rights reserved. The law, Senate Bill 1375 authored by Senate Pro Tem Toni Atkins, builds on two existing laws: Atkins says the new measure clarifies those laws and allows for more trained nurse practitioners in high-need areas to perform surgical, or aspiration abortions, whereby suction is used to remove the contents of the uterus. One of the most important recent housing laws is SB 330, also known as the Housing Crisis Act of 2019 (HCA), which 1) limits a locality's ability to prolong the housing approval process, 2) gives housing applicants an opportunity to invoke vesting rights against later-adopted changes to local ordinances, 3) limits cities' ability to impose or enforce housing caps and development moratoria and 4) requires developers who demolish existing housing to provide replacement housing and relocation benefits. The phenomenon is particularly evident in Los Angeles County, where about half of the state's at least 49,000 chronically homeless people live. AB 27 by Assemblymember Luz Rivas (D-Arleta) Homeless children and youths and unaccompanied youths: reporting. This year, CapRadio is focusing on 10 new laws that could impact your world. (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). Existing law deems that a building is substandard if it endangers the life, health, or safety of its residents. Share with friendsIn this week's episode, we discuss a new California law that impacts the overtime hours for Californian farmworkers. 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. Gun rights activists have argued this legislation undermines the second amendment. State law recognizes two further subcategories of "lower income" households: "Very Low Income" and "Extremely Low Income" households (whose incomes vary by county but who typically earn less than 50 percent, and 30 percent, of AMI, respectively). Together, theyll set the minimum wage for fast-food workers with an upper limit of $22 an hour. 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. Leaving people on the streets and our highways is dangerous and inhumane. Agencies must also post the current impact fee schedule and update at least twice a year. January 5, 2022. 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. 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]." Some begin in 2022 and others in the following years. So, safety, harassment, violence, retaliation, wage theft. 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 . The bill was introduced in March by Democratic Assembly member Rebecca Bauer-Kahan and 17 co-authors from every legislative ethnic caucus. AB 816 by Assemblymember David Chiu (D-San Francisco) Homelessness: Housing Trust Fund: housing projects. "We're definitely spoiled right now because we've . This creates more ownership options for nonprofit housing organizations. Altogether, the efforts highlighted today represent a comprehensive strategy to get more Californians off the streets faster than ever before and into the health services and housing they need all at a fraction of the cost of previous efforts. It also allows for housing on that land, and exempts such projects from local approval processes and the California Environmental Quality Act. A man jaywalks across California Street in San Francisco on April 7, 2020. 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 977 by Assemblymember Jesse Gabriel (D-Encino) Homelessness program data reporting: Homeless Management Information System. AB 1466 aims to hasten the removal of these covenants by requiring all county recorders throughout the state to establish a program to identify and redact unlawfully restrictive covenants (which counties may fund by imposing a $2 recording fee on all property recordings) and easing restrictions on the ability of other parties to seek to remove such covenants. There are some new laws in California in 2023, including the minimum wage and jaywalking. / (MB) https://www.morningbrew.com/daily/stories/king-charles-III-inheritance? The new law does not criminalize display or placement of the swastika associated with Hinduism, Buddhism and Jainism. 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. And we really do believe that this bill strikes that right balance.. Do not send any privileged or confidential information to the firm through this website. With additional standards and procedures, more engaged oversight and comment on the impact fee process by housing groups and industry organizations may follow. And if you reply yes, youre not going to get that unit, Martin said. 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). 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. Such a transfer is exempt from provisions governing disposal of surplus land, which dictate how a local agency may notice, negotiate and process the disposal of surplus land and is not subject to provisions that allow for private enforcement actions for noncompliance with the law. 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. 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. But at the same time, we know $15 is barely enough at this point in time.. 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.. 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. 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. Covered employees are defined by law as those who perform at . This past year, the state Legislature passed and Gov. But this research was done on such laws that put more restrictions on who was eligible to apply. The statewide California minimum wage will rise to $15.50 per hour for all employer sizes. AB 362 by Assemblymember Sharon Quirk-Silva (D-Fullerton) Homeless shelters: safety regulations. 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 290 adds the ability to request one concession or incentive for projects that include at least 20 percent of the total units for lower-income students in a student housing development. It passed the Senate 39-0. 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. Photo by Jeff Chiu, AP Photo. Weber, a physician, said implementing restorative justice practices in schools is a manner of focusing on social determinants of health. 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). 3 Comments. Calves intended to be sold as veal must be housed with a minimum of 43 square feet per calf. (See Holland & Knight's alert, "SB 10 to Facilitate Upzonings, But Does Not Include CEQA Exemption for Corresponding Projects," Sept. 20, 2021.). Starting now, local governments must commit to quantifiable goals across six standardized metrics andmake progress towards meeting or exceeding them in order to receive their full share of HHAP funding. "California leads, and we do so by following our moral compass and staying true to our values," said Governor Newsom. It really was a coming-together of individuals standing up against this hate, Bauer-Kahan said. The intent of the bill is to provide the financial and technical support necessary for the UC and CSU systems and for community college campuses to build affordable housing to meet the urgent and growing needs of California's students. Signs Landmark Duplex and Lot-Split Legislation into Law," Sept. 17, 2021.). 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. Governor Newsom Signs Legislation to Address Homelessness and Mental Health Services, Highlights $22 Billion Housing and Homelessness Package Published: Sep 29, 2021 $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 The new homelessness funding also includes $5.8 billion to add more than 35,000 new housing units through Homekey a national model for homeless housing. 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. 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 . The Sacramento Police Department reported 112 bias-related incidents for the first six months of 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. Assembly Bill 2282, hate crimes at . I think, especially in high school, the threat of a legal consequence will mitigate behavior. Versher said. It also requires the agency to report on student housing projects receiving density bonuses as part of a housing element annual report. A Dec. 13 statement from CIPA said that the signatures were submitted to the state for verification. 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. 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. AB 2282 introduces tougher punishment for those who use hateful symbols in schools as part of hate crimes. Jay Jordan, the CEO of Alliance for Safety and Justice, a nonprofit that supported SB 731, said the barriers ex-convicts face in life after prison are referred to as collateral consequences., If people who have served their time, who did everything the system said they needed to do, are not given a second chance, thats not democracy, thats not justice, thats just pure punitive, Jordan said. 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. DNA database laws changing in CA to avoid . California . Previously, an agency had three years to rezone. 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. Stripping bad cops of their badges For decades, bad cops could skirt discipline by jumping from one California police force to another. READ MORE. 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. Learn more about these and other new laws below. 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. Supporters of the new law say serving prison time can change the trajectory of a persons life permanently and unfairly. 09/21/2022 04:30 AM EDT. 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. Most of those convicted of non-violent and non-sexual offenses will be able to have their criminal records permanently sealed after a period of time, in a bid to help reintegrate convicts back into Californian society. Minimum wage bump. The Legislature took little action to streamline the approval of housing developments other than to extend and revise previously enacted laws. (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.). 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. Los Angeles Times. The development must also be affordable to lower-income households. There's a lot of near-misses and a lot of accidents that happen from either clipping cyclists when you pass too close, Sanchez said. 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. Newsweek has gone through the new legislation to highlight some of the most notable. SB 9 does not address covenants, conditions or restrictions that may prohibit multifamily development or lot splits. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. 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. 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. 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. People in California who have served time in prison will soon have a chance to appeal to have their criminal records sealed. 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. 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. A new report by Berkeley Law's Policy Advocacy Clinic (PAC) reveals a major rise in the criminalization of homeless people in California. 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. Jerry Brown signed 15 housing bills in 2017, and Newsom signed 18 in 2019.) 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 224 requires mental health instruction to be included in . Now, two new laws in California would let developers build housing on that land and largely prevent revenue-hungry local governments from stopping them. 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. The . 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. Gavin Newsom signs a $123.9 billion package to support K-12 education. LOS ANGELES Today, Governor Gavin Newsom signed a suite of bills to help address the homelessness crisis and enhance Californias response to people suffering from mental health issues on the streets, a critical part of the Governors$22 billion housing affordability and homelessness package, while visiting an acute board and care home run by Los Angeles County. New California Cannabis Laws for 2022 January 11, 2022 Several new cannabis laws are now in effect in California for 2022. 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 January 2023. 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. 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. SB 14 changes the Education Code to allow for absences due to mental and behavioral health to be counted as excused absences. 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. During his Administration, the Governor has helped clean up several encampments across the state. Governor Newsom joins Caltrans at an encampment cleanup in Los Angeles Thursday. 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. He said the change improves upon the existing 3-foot law when passing a biker. Here are 11 categories of new laws that take effect next year across California. This installment includes migrant childcare, homeless children, water theft, factual innocence, mental health, home inspections and more. The budget Governor Newsom signed earlier this year includes $700 million for encampment resolution grants with $350 million earmarked for assisting those living on state right-of-way property. Deputies responded around 3:30 a.m. to reports of multiple shots fired at the residence . 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. To highlight the successful state efforts, Governor Newsom joined Caltrans cleanup efforts at an encampment on I-10 in Los Angeles Thursday. We think 50 cents helps working people in an inflationary economy to at least keep up. AB 215 requires local agencies to make draft revisions of the housing element available for public comment for 30 days. Sacramento, Calif.-. Climate and Environment Dozens of climate-related bills were signed into. Climate and Environment Dozens of climate-related bills were signed into. Similar provisions have previously been included in locally adopted inclusionary housing requirements. 1. It also allows a single-family home lot to be split into two lots, and a duplex to be built on each lot, provided that the initial home is occupied by an owner who attests that the owner will continue to live in a unit on the property as their primary residence for at least three years. 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. Recent polls suggest Americans do not want to see another Donald Trump vs Biden contest. There's nothing stopping CalGEM, which is the agency responsible for permitting in California, to just stop permitting within the setback zone, Naseck said. The new law. 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. AB 838, effective July 1, 2022, requires a city or country to investigate a complaint of a substandard building. The SDBL continues to be the most commonly used tool to increase housing density and production. ", 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.". The seven new projects will provide 387 housing units for people experiencing or at risk of experiencing homelessness. The Governor's 202223 budget proposes $2 billion onetime General Fund over two years that is intended to address nearterm homelessness needs while previously authorized funds for longterm housing solutions are implemented: $1.5 billion for behavioral health "bridge" housing and $500 million for the Encampment Resolution Grants Program. It will be important to plan for affordable and market-rate unit integration from an entitlement, financing and construction perspective. 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. Among the coalition drafting the bill was the Anti-Defamation League. Los Angeles County is seeking co-applicants for the funding. a referendum effort fueled by oil and gas companies was launched to undo it. 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. 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. 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. That land and largely prevent revenue-hungry local governments from stopping them is expected generate... Could impact your world Assemblymember Jesse Gabriel ( D-Encino ) Homelessness program data reporting: Homeless Management Information.! Fund: housing Trust Fund: housing Trust Fund: new homeless laws in california 2022 Trust Fund housing! Laws for 2022 January 11, 2022, requires a city or country to investigate a complaint a... On 10 new laws below is seeking co-applicants for the funding this creates more ownership for... Ab 215 requires local agencies to make draft revisions of the most commonly used tool to increase density! To lower-income households a biker and industry organizations may follow laws are now in effect in California 2022! Projects from local approval processes and the California Environmental Quality Act of health David Chiu ( Francisco! 15 is barely enough at this point in time of housing developments other than to extend and revise enacted. That unit, Martin said and largely prevent revenue-hungry local governments from stopping them the residence dangerous and inhumane and! Minimum of 43 square feet per calf shelters: safety regulations bills in 2017, receipt... An entitlement, financing and construction perspective and market-rate unit integration from an entitlement, financing and perspective... 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