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. 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). Todays bills, along with thefour housing bills signed earlier this monthand thehousing affordability bills signed yesterday, represent the most comprehensive strategy to address the homelessness and housing affordability crisis in state history. 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. The Legislature enacted important reforms to spur more density through SB 10 and amendments to the State Density Bonus Law (SDBL) and took aim at restrictive floor area ratio (FAR) and lot coverage standards. 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. As an urgency statute, the law took effect on Sept. 17, 2021. Covered employees are defined by law as those who perform at . Our efforts are a model for the nation, and more importantly, were getting people off the streets and into the housing and services they deserve.. Advocates say the bill will make biking safer. Existing law deems that a building is substandard if it endangers the life, health, or safety of its residents. When you apply for housing, you have to say whether you have a criminal record or not. 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. One new law would task the California Department of Education with developing evidence-based best practices for restorative justice. Kobi Naseck, coalition coordinator for environmental group VISION, says that even if the referendum effort is successful, that doesnt necessarily mean the end for these protections. 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. In order to qualify, the housing development must meet or comply with a number of requirements, especially 1) consistency with all of the locality's applicable objective zoning, subdivision and design review standards, 2) the housing development will not require the demolition of affordable housing or rent controlled units, units that have been occupied in the preceding 10 years or a historic structure, 3) either 10 percent or 50 percent of the units (depending upon the jurisdiction's performance permitting enough housing to meet its share if its state-assigned regional housing need targets ) are designated at BMR rents or housing costs, 4) prevailing wage and "skilled and trained" workforce requirements for contractors and subcontractors, and 5) other locational requirements generally targeting infill housing locations. Californias secretary of state is responsible for reviewing the signatures and certifying that a referendum qualifies for the ballot. Gavin Newsom signed two laws Wednesday . 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. 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). 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. 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 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." Gavin Newsom signed many laws impacting California employers. DNA database laws changing in CA to avoid . 1. Hopefully we can see this data inform some kind of strategies and ideas around where we go from here, he said. 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. 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. 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. 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. The . 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. 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. It really was a coming-together of individuals standing up against this hate, Bauer-Kahan said. Climate and Environment Dozens of climate-related bills were signed into. January 16, 2023 10:02 AM. 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. 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. AB 362 by Assemblymember Sharon Quirk-Silva (D-Fullerton) Homeless shelters: safety regulations. A new law aims to help schools identify the nearly 270,000 homeless students estimated to live in California. 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 During his Administration, the Governor has helped clean up several encampments across the state. 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. of Labor found more than 2,800 minors who were employed in violation of the law in 2021. This amendment is intended to broaden the scope of SDBL projects eligible for the HAA's protections. Minimum wage bump. Jan. 1, 2022 5 AM PT. 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. The Sacramento Police Department reported 112 bias-related incidents for the first six months of 2022. Sex offenders would not be eligible. SACRAMENTO - This year, the California Legislature passed and Governor Gavin Newsom signed historic measures to fight climate change, protect women's right to choose, support small businesses, pay equity and more. The legislation, introduced by Democratic assembly member Rebecca Bauer-Kahan, was approved in the state senate by 39 votes to nil. Julie Leopo/EdSource. California's New Laws for 2022, Explained. New 2022 California Laws . 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). While larger companies hit the $15 per hour minimum wage in January 2022, smaller businesses had an extra year to meet the requirement. 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. (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 will also be possible to seal some violent crime records, but this will require permission from a court. The new law. Deputies responded around 3:30 a.m. to reports of multiple shots fired at the residence . California Labor Commissioner Launches Online Wage Claim Application. AB 215 requires local agencies to make draft revisions of the housing element available for public comment for 30 days. 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. 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. That's about to change. It's a tool to educate. 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. Researchers have found a strong link between leaving prison and entering homelessness, but have struggled to find exact data. Hopefully this will increase the use of bikes and make it safer for folks on the road.. (For additional analysis, please see Holland & Knight's alert, "California Gov. Copyright 19962023 Holland & Knight LLP. Betty Mrquez Rosales. Our Homeless Bill of Rights Campaign (HBR) strives to ensure that ALL people have the basic right to live where they choose without fear of harassment and criminalization. Empty bottles for takeout cocktails line the bar at North Light restaurant in Oakland on Aug. 14, 2020. Governor Newsom joins Caltrans at an encampment cleanup in Los Angeles Thursday. 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. SACRAMENTO In September 2021, Governor Gavin Newsom announced the state had prioritized 100 high-profile encampment sites on state land to clear. A coalition called Save Local Restaurants, whose biggest funders are In-N-Out Burger, Chipotle, and Starbucks (among others), has submitted more than a million signatures to put the issue on the ballot in 2024. 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 report details how more and more city ordinancesand the overzealous enforcement of themare targeting this population. 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. The budget. 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 SDBL grants bonuses, concessions, waivers and parking reductions to projects with qualifying affordable housing. Now, two new laws in California would let developers build housing on that land and largely prevent revenue-hungry local governments from stopping them. 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. 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. 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. Three of the changes become effective on Jan. 1. Previously, they were simply required to maintain a distance of at least three feet. But this research was done on such laws that put more restrictions on who was eligible to apply. From healthcare to marriage to law enforcement, these new rules affect the daily lives of everyone in the state. Governor Newsom is especially focused on rebuilding the states portfolio of housing and treatment options for people with severe behavioral health challenges. Applicants who submit qualifying preliminary applications for housing developments prior to Jan. 1, 2030, can now invoke vesting rights until Jan. 1, 2034. 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.". Among the coalition drafting the bill was the Anti-Defamation League. 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 new law. 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. Assembly Bill 1909 makes four changes to laws affecting bicyclists, as well as drivers and pedestrians who share California roads. 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). $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. 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. Those taking effect on July 1, 2022 range from school . When Governor Newsom took office, California lacked money, coordination and accountability in tackling the states homelessness crisis. 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. A new report by Berkeley Law's Policy Advocacy Clinic (PAC) reveals a major rise in the criminalization of homeless people in California. 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