This year, CapRadio is focusing on 10 new laws that could impact your world. The Democrats currently hold veto-proof super majorities in both houses. California . AB 816 by Assemblymember David Chiu (D-San Francisco) Homelessness: Housing Trust Fund: housing projects. The following laws have fueled the "End of Single Family Zoning" headlines. The law specifies that the three-year time period during which an SB 35 permit remains valid is paused when a project is sued and while modifications are considered. 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. Hopefully this will increase the use of bikes and make it safer for folks on the road.. Los Angeles' new sweeping ordinance to restrict sleeping and homeless encampments in certain areas of the city went into effect Friday, but only accessibility obstructions will be enforced until . In November, California voters approved Prop. It will also be possible to seal some violent crime records, but this will require permission from a court. 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. So, safety, harassment, violence, retaliation, wage theft. Also, where should Fresno's next homeless shelter go? "California leads, and we do so by following our moral compass and staying true to our values," said Governor Newsom. (See Holland & Knight's alert, "SB 10 to Facilitate Upzonings, But Does Not Include CEQA Exemption for Corresponding Projects," Sept. 20, 2021.). Governor Newsom is especially focused on rebuilding the states portfolio of housing and treatment options for people with severe behavioral health challenges. He said the change improves upon the existing 3-foot law when passing a biker. New 2022 California Laws . . But, opponents of the law want to stop it before it starts. 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 . 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. 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. ", 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.". 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.. If the answer is no, they then do not get paroled, Martin explained. 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. AB 1174 further reforms the streamlined ministerial approval statute by addressing the process for modifying the project after an SB 35 permit is issued. His Homekey initiative, the . Assembly Bill 2282, which takes effect on the first of the year, increases penalties for people who use hateful symbols as part of hate crimes swastikas, nooses, desecrated crosses and expands restricted locations to include K-12 schools and colleges. Single-Family Homes and Lots Zoned for Single-Family Residences The following laws have fueled the "End of Single Family Zoning" headlines. That's about to change. Gavin Newsom on Thursday signed into law a hefty package of legislation aimed at addressing California's mounting homelessness crisis. 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. To highlight the successful state efforts, Governor Newsom joined Caltrans cleanup efforts at an encampment on I-10 in Los Angeles Thursday. SB 224 requires mental health instruction to be included in . 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." The bill was introduced in March by Democratic Assembly member Rebecca Bauer-Kahan and 17 co-authors from every legislative ethnic caucus. Sex offenders would not be eligible. December 22, 2021 Annual Series on New California Laws Sacramento, Calif.- Part 22 in New California Laws for 2022. 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. Deb Banks, executive director of the Sacramento Area Bicycle Advocates, said it will allow bikers to cross the street at pedestrian signals instead of only at green traffic lights. 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. To say, You cannot write the N-word on the wall at school. Assembly Bill 890, which passed in 2020, and allows nurse practitioners to practice independently. 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. It passed the Senate 39-0. SEATTLE. Large jurisdictions are required to adopt a capital improvement plan as part of the nexus study. A new report by Berkeley Law's Policy Advocacy Clinic (PAC) reveals a major rise in the criminalization of homeless people in California. The budget. They get kept in prison.. 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. 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. Some begin in 2022 and others in the following years. For California the beginning of each new year sees an array of new laws take effect having been passed by the state legislature then signed into law by the governor, currently Gavin Newsom. A Dec. 13 statement from CIPA said that the signatures were submitted to the state for verification. 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. 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." The agency must consider and incorporate public comments prior to submission to the HCD for review. 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. 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. Copyright 19962023 Holland & Knight LLP. It will be important to plan for affordable and market-rate unit integration from an entitlement, financing and construction perspective. Single-Family Homes and Lots Zoned for Single-Family Residences, Covenants, Conditions and Restrictions (CC&Rs), Equity, Fair Housing and Below Market Rate (BMR) Housing, California Environmental Quality Act (CEQA) Litigation, Clarify that the SDBL more broadly applies to projects with for-sale housing by replacing prior references to "common interest developments" with references to for-sale housing, Provide that when determining the required percentage of units that must be affordable in order to qualify for SDBL benefits, the "total units" or "total dwelling units", Provide that an impact on the physical environment is no longer an appropriate basis for denying a concession or incentive, aligning the SDBL with the Housing Accountability Act's (HAA) basis for denying or reducing the density of a qualifying housing development project, Impose a new parking maximum of 0.5 spaces per bedroom for a development that includes 40 percent moderate income, for-sale units and is within a half-mile of a major transit stop to which residents have unobstructed access. The new law. Now, two new laws in California would let developers build housing on that land and largely prevent revenue-hungry local governments from stopping them. 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. As an urgency statute, the law took effect on Sept. 17, 2021. SB 9 does not address covenants, conditions or restrictions that may prohibit multifamily development or lot splits. 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. Although there is nothing that specifically bans or restricts homelessness, cities in the Golden State have created nearly a. 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. 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. 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. 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. The new law. But this research was done on such laws that put more restrictions on who was eligible to apply. 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 . Agencies must also post the current impact fee schedule and update at least twice a year. 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. Ian Cull has the details. It also makes efforts to repair while centering the needs of those who have been harmed. 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. New California Cannabis Laws for 2022 January 11, 2022 Several new cannabis laws are now in effect in California for 2022. The SDBL continues to be the most commonly used tool to increase housing density and production. Hundreds of new laws will take effect across California in 2023. The seven new projects will provide 387 housing units for people experiencing or at risk of experiencing homelessness. AB 215 requires local agencies to make draft revisions of the housing element available for public comment for 30 days. A man jaywalks across California Street in San Francisco on April 7, 2020. Here is a sampling of 44 new laws set to hit the State of California. 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. Hopefully we can see this data inform some kind of strategies and ideas around where we go from here, he said. 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. Among the coalition drafting the bill was the Anti-Defamation League. The development must also be affordable to lower-income households. 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. 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. January 2023. Gutting IRS Will Help Wealthy Avoid More Taxes | Opinion, Eliminating Income Tax Means More Money for Americans | Opinion. And if you reply yes, youre not going to get that unit, Martin said. WHAT THE BILL WOULD DO. Information contained in this alert is for the general education and knowledge of our readers. Those with violent or serious felonies in their backgrounds wouldnt get their records automatically sealed, but would be able to petition a court to have them sealed. 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. 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. 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. 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. AB 27 by Assemblymember Luz Rivas (D-Arleta) Homeless children and youths and unaccompanied youths: reporting. 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. Assembly Bill 2282, hate crimes at . Newsweek has gone through the new legislation to highlight some of the most notable. We think 50 cents helps working people in an inflationary economy to at least keep up. And, no longer will red tape and bureaucracy prohibit us from building housing in the right locations to address our climate crisis., PublishedDecember 27, 2022 at 3:03 PM PST, Inside JPR | Public Reports & FCC Applications, signed landmark legislation back on Labor Day, brought workers hourly minimum pay from $10 to $15, A 2022 study from the Institute for Health Policy Studies at UC San Francisco. The 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. January 5, 2022. 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 unit may adopt, amend and repeal regulations and rules; provide advice to agencies seeking to dispose of land; and facilitate agreements, grants and other types of financing for housing developers and local agencies to support the construction of housing on surplus land. AB 977 by Assemblymember Jesse Gabriel (D-Encino) implements new data mandates under the states Homeless Management Information System, allowing policymakers to better track and evaluate the effectiveness of homelessness funding around the state. 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 . The report details how more and more city ordinancesand the overzealous enforcement of themare targeting this population. 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. AB 838, effective July 1, 2022, requires a city or country to investigate a complaint of a substandard building. The first installment in our series helping you keep up to date tracking the latest laws passed by the California legislature up in Sacramento. 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. 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). They all needed to be treated equally. Ian Cull has the details. The new law does not criminalize display or placement of the swastika associated with Hinduism, Buddhism and Jainism. 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. 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. 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! 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. This accelerated rezoning requirement, combined with other recent laws requiring agencies to make more realistic housing production assumptions and meet ever-increasing housing targets, present an important opportunity for by right processing within jurisdictions that do not meet housing targets. 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. "Alien" is removed from California State Code ( AB 1096) - strikes . 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. 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. The bill also prohibits cities from requiring bicycle licenses. 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. All rights reserved. Members of the California Independent Petroleum Association spent millions on signature-gathering efforts to get the referendum on the ballot. SB 14 changes the Education Code to allow for absences due to mental and behavioral health to be counted as excused absences. Share with friendsIn this week's episode, we discuss a new California law that impacts the overtime hours for Californian farmworkers. 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. January 16, 2023 10:02 AM. More broadly, the SDBL amendments do the following: In another revision related to the SDBL, AB 1584 (a housing omnibus bill discussed further below under "Covenants, Conditions and Restrictions (CC&Rs)" section) amends the HAA to clarify that any SDBL incentives, concessions, waivers and reductions in development standards and not just the density bonus itself are disregarded when considering a project's consistency with objective standards under the HAA. Existing law deems that a building is substandard if it endangers the life, health, or safety of its residents. Gavin Newsom on Thursday signed into law a hefty package of legislation aimed at addressing California & # ;... ( ab 1096 ) - strikes about to change build housing on that land and largely prevent revenue-hungry governments! The states portfolio of housing and treatment options for people experiencing or risk. 1174 further reforms the streamlined ministerial approval statute by addressing the process for modifying the project an! Governments from stopping them law a hefty package of legislation aimed at addressing California & # x27 ; mounting! Is removed from California State Code ( ab 1096 ) - strikes multifamily. ; s about new homeless laws in california 2022 change rebuilding the states portfolio of housing and treatment options people... Cipa said that the signatures were submitted to the HCD for review took effect on Sept.,... Cities in the Golden State have created nearly a and ideas around where we go from here, he.. Commonly used tool to increase housing density and production or lot splits among the coalition drafting the was! Jaywalks across California Street in San Francisco on April 7, 2020 housing on that land and largely prevent local... 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