Those taking effect on July 1, 2022 range from school . Covered employees are defined by law as those who perform at . During his Administration, the Governor has helped clean up several encampments across the state. General view of the Hollywood sign on a hill above Los Angeles, California. Labor Commissioner Revokes Garment Manufacturer's License for Labor Law Violations and Informs Employers of New Law for 2022. Betty Mrquez Rosales. AB 362 by Assemblymember Sharon Quirk-Silva (D-Fullerton) Homeless shelters: safety regulations. 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. 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. That's about to change. When Governor Newsom took office, California lacked money, coordination and accountability in tackling the states homelessness crisis. 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. But at the same time, we know $15 is barely enough at this point in time.. 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. And if you reply yes, youre not going to get that unit, Martin said. 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. However, critics of Newsom include Kimberly Guilfoyle, his former wife who is now engaged to Donald Trump Jr., who earlier this month insisted the governor "ain't making it to the White House.". It also allows for housing on that land, and exempts such projects from local approval processes and the California Environmental Quality Act. That's about to change. 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. Senate Bill 903 authored by now-retired Senator Bob Hertzberg attempts to measure this prison-to-streets pipeline. Information contained in this alert is for the general education and knowledge of our readers. Some cities and counties have a higher minimum wage than what is required by the state. 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.. 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. It also requires the agency to report on student housing projects receiving density bonuses as part of a housing element annual report. As women from restrictive states come to California, closing our provider gap is more important than ever.. Gov. As previously reported, SB 10 provides that if local agencies choose to adopt an ordinance to allow up to 10 dwelling units on any parcel within a transit-rich area or urban infill site, the rezoning will be exempt from environmental review pursuant to the California Environmental Quality Act (CEQA), but subsequent project approvals are not necessarily exempt, unless the local agency adopts a ministerial approval process or there is another exemption or local law that exempts the project. AB 1584, a housing omnibus bill, establishes a restriction on contractual development controls that mirrors AB 721 by declaring unenforceable any CC&R contained within a deed, contract, security instrument or other instrument that prohibits, effectively prohibits or restricts the construction or use of an ADU on a lot zoned for single-family use. 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. $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. Assembly Bill 1909 makes four changes to laws affecting bicyclists, as well as drivers and pedestrians who share California roads. 1: One For the Road When restaurants shut down in-person dining early in the pandemic, the laws governing. 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. 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. Here are 22 new laws Californians must start following in 2022. 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. 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. This year, CapRadio is focusing on 10 new laws that could impact your world. 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. Some of the 1,262 encampments closed by Caltrans during the past 12 months include: Governor Newsom joined Caltrans cleanup efforts at an encampment, Presidential Major Disaster Declaration Expanded to Three Additional Storm-Impacted Counties, Governor Newsom Honors Fallen Los Angeles County Sheriffs Detective 1.18.23, Businesses Impacted by Storms Now Eligible for Emergency Tax Relief, Governor Newsom Signs Executive Order to Support Communities Impacted by Winter Storms1.16.23, Governor Newsom ProclaimsDr. Martin Luther King, Jr. Day 2023. (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.). It really was a coming-together of individuals standing up against this hate, Bauer-Kahan said. But now, the law could be put on hold. 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. For option 2, a recorded contract must memorialize a) affordability restrictions for at least 45 years, b) an equity sharing agreement and c) a repurchase option that requires a subsequent purchaser desiring to sell or convey the property to first offer the nonprofit corporation the opportunity to repurchase the property. Los Angeles Times. DNA database laws changing in CA to avoid . Local agencies are required to update their Housing Element every eight years (or four years if HCD determines it is noncompliant). AB 27 by Assemblymember Luz Rivas (D-Arleta) Homeless children and youths and unaccompanied youths: reporting. A man jaywalks across California Street in San Francisco on April 7, 2020. By Ariel Gans. SB 224 requires mental health instruction to be included in . Gavin Newsom signs a $123.9 billion package to support K-12 education. 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. This year, CapRadio is focusing on 10 new laws that could impact your world. Leaving people on the streets and our highways is dangerous and inhumane. 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). Hundreds of new laws will take effect across California in 2023. In July 2022, the U.S. Dept. Researchers have found a strong link between leaving prison and entering homelessness, but have struggled to find exact data. 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,. 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. SB 35 of 2017 provides for streamlined ministerial approval of qualifying infill affordable housing developments. Jerry Brown signed 15 housing bills in 2017, and Newsom signed 18 in 2019.) Attorney Advertising. To highlight the successful state efforts, Governor Newsom joined Caltrans cleanup efforts at an encampment on I-10 in Los Angeles Thursday. 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 . 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. This creates more ownership options for nonprofit housing organizations. / (MB) https://www.morningbrew.com/daily/stories/king-charles-III-inheritance? 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. Yet California Democrats continue to handicap law enforcement's ability to enforce laws against homeless individuals to force them to get the mental health and substance abuse treatment they need. Gavin Newsom on Thursday signed into law a hefty package of legislation aimed at addressing California's mounting homelessness crisis. When you apply for housing, you have to say whether you have a criminal record or not. Share with friendsIn this week's episode, we discuss a new California law that impacts the overtime hours for Californian farmworkers. If the answer is no, they then do not get paroled, Martin explained. 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. 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. 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. 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. 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. 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. FAR is a common mechanism in local zoning codes that limits the total floor area of a building in relation to the square footage of a lot. The development must also be affordable to lower-income households. Single-Family Homes and Lots Zoned for Single-Family Residences The following laws have fueled the "End of Single Family Zoning" headlines. SB 9 does not address covenants, conditions or restrictions that may prohibit multifamily development or lot splits. A new report by Berkeley Law's Policy Advocacy Clinic (PAC) reveals a major rise in the criminalization of homeless people in California. AB 257, or the FAST Recovery Act, would create a first-of-its-kind fast-food council to set rules for chains with a hundred or more restaurants nationally. The extra 50-cent boost in 2023 is because the law includes a provision requiring the minimum wage to increase with inflation. AB 1220 by Assemblymember Luz Rivas (D-Arleta) Homelessness: California Interagency Council on Homelessness. 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. (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). Please note that email communications to the firm through this website do not create an attorney-client relationship between you and the firm. On Jan. 1, the minimum wage in California will increase to $15.50 an hour. Also, where should Fresno's next homeless shelter go? The new law. 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. One new law would task the California Department of Education with developing evidence-based best practices for restorative justice. 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. 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). Gavin Newsom signed many laws impacting California employers. 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. 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. SEATTLE. 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 . 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 . 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. Moreover, the laws of each jurisdiction are different and are constantly changing. Gov. 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. There has been some research in the past that points to the racial equity component of clean slate laws like this one. (See Holland & Knight's previous annual recaps of California Housing Laws in the final section below.) As an urgency statute, this law took effect on July 19, 2021. There are some new laws in California in 2023, including the minimum wage and jaywalking. 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 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. Existing law deems that a building is substandard if it endangers the life, health, or safety of its residents. . Aug. 5, 2022 Updated 6:24 PM PT. We think 50 cents helps working people in an inflationary economy to at least keep up. It's a tool to educate. 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. 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. "Alien" is removed from California State Code ( AB 1096) - strikes . The new law requires the California Rehabilitation Oversight Board, part of the Office of the Inspector General, to issue annual reports to the governor and Legislature. Many of these wont necessarily intersect with your everyday existence. 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. 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. 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. 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. 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. AB 1377 requires the University of California (UC) and California State University (CSU) to conduct a needs assessment to determine projected student housing needs by campus by July 1, 2022, for the 2022-2023 through 2026-2027 fiscal years and to create a student housing plan, with a focus on affordable student housing, that outlines how they will meet projected student housing needs and to update that plan every three years. Jan. 1, 2022 5 AM PT. Gov. SB 400 by Senator Brian W. Jones (R-Santee) Homeless children and youths: local educational agencies: collaboration, training, and reporting. AB 977 by Assemblymember Jesse Gabriel (D-Encino) Homelessness program data reporting: Homeless Management Information System. Gutting IRS Will Help Wealthy Avoid More Taxes | Opinion, Eliminating Income Tax Means More Money for Americans | Opinion. 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. A Dec. 13 statement from CIPA said that the signatures were submitted to the state for verification. a referendum effort fueled by oil and gas companies was launched to undo it. 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. AB 1235 put into place new guidelines for shelters, allowing stays of up to 90 days and expanding eligibility for services to include young people at risk of becoming homeless. New York State saw 464 child labor cases last year with $270,000 in civil . 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. Mar 29, 2022 Crime data released by District Attorney reveals homeless individuals are up to 514 times more likely to commit crimes. 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. 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. Sex offenders would not be eligible. 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." 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. He said housing discrimination against former inmates is rampant throughout our state and pushes many to the streets. 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. SACRAMENTO The COVID-19 pandemic continued to slow the pace of governing California in 2021 as it did the year before, with the second fewest number of . Only 623,212 verified signatures are needed to qualify the initiative and put the law on hold until voters weigh in. 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. The budget. 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. 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 such, this law strengthens the enforcement tools that may be used against noncompliant jurisdictions. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. 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 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 law also clarifies that subsequent permit applications must only meet the objective standards that were in place when the original development application was submitted. 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. 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 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. California will establish a new court program to steer and even force homeless people with severe mental . Jared Sanchez is a senior policy advocate at the California Bicycle Coalition, a nonprofit also known as CalBike. 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). This past year, the state Legislature passed and Gov. January 5, 2022. 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.. The new law. Members of the California Independent Petroleum Association spent millions on signature-gathering efforts to get the referendum on the ballot. 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. Gavin Newsom signed nearly 1,000 bills into law. 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. Downtown Fresno may be a viable option according to one city leader. The minimum for businesses with 25 or fewer employees bumps to $14 with the new year and will increase to $15 per hour on Jan. 1 . News. Agencies must also post the current impact fee schedule and update at least twice a year. The Legislature took little action to streamline the approval of housing developments other than to extend and revise previously enacted laws. Ian Cull has the details. She says the bill was, in part, prompted by discrepancies in the existing law, as well as by the uptick in hate crimes and nooses in school settings. 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 . AB 838, effective July 1, 2022, requires a city or country to investigate a complaint of a substandard building. Assembly Bill 257, the FAST Recovery Act. 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). Businesses with 26 or more employees will be required to pay a $15 minimum wage starting in 2022. 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