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). 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. HOUR 1. of Labor found more than 2,800 minors who were employed in violation of the law in 2021. You cannot racially target and terrorize people.. 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 new laws listed below become effective January 1, 2022 unless otherwise noted. Benjamin Oreskes Aug. 2, 2022 Updated 4:28 PM PT The Los Angeles City Council voted Tuesday to prohibit homeless people from setting up tents within 500 feet of schools and day-care centers,. The seven new projects will provide 387 housing units for people experiencing or at risk of experiencing homelessness. Gavin Newsom on Thursday signed into law a hefty package of legislation aimed at addressing California's mounting homelessness crisis. The . As women from restrictive states come to California, closing our provider gap is more important than ever.. Similar provisions have previously been included in locally adopted inclusionary housing requirements. Advocates say the bill will make biking safer. General view of the Hollywood sign on a hill above Los Angeles, California. California's facing a potentially catastrophic shortage of providers, especially in communities of color and rural areas, a problem that is only expected to get worse in the next decade, Atkins said. There's nothing stopping CalGEM, which is the agency responsible for permitting in California, to just stop permitting within the setback zone, Naseck said. With additional standards and procedures, more engaged oversight and comment on the impact fee process by housing groups and industry organizations may follow. A fourth part of the bill doesnt go into effect until 2024. 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." Those exemptions could both speed up the process and lower the cost of building homes. But just after the bill was signed into law in September, 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. 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. Previously, they were simply required to maintain a distance of at least three feet. 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. The bill was authored by Democratic Senator Maria Elena Durazo. (See Holland & Knight's alert, "SB 10 to Facilitate Upzonings, But Does Not Include CEQA Exemption for Corresponding Projects," Sept. 20, 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. Perhaps most significantly, California in 2017 relaxed laws to make it easier for homeowners to convert and rent out . Signs Landmark Duplex and Lot-Split Legislation into Law, SB 10 to Facilitate Upzonings, But Does Not Include CEQA Exemption for Corresponding Projects, California Legislature Passes Housing Crisis Act of 2019 and Rent Control Bill, Among Others, Holland & Knight First in California to Secure Housing Approval Through Litigation Under Streamlining Law, California Court of Appeal Sides with Holland & Knight Clients in Landmark Housing Case, California's 2019 Housing Laws: What You Need to Know, California's 2020 Housing Laws: What You Need to Know, SB 7 Creates Expedited CEQA Litigation Schedule for Qualifying Projects, A Closer Look at California's New Housing Production Laws, California's 2021 Housing Laws: What You Need to Know. Calves intended to be sold as veal must be housed with a minimum of 43 square feet per calf. Hundreds of new laws will take effect across California in 2023. The newest significant trend is a series of laws that take aim at recorded Covenants, Conditions and Restrictions (CC&Rs), including Assembly Bill (AB) 721, which makes any CC&Rs that limit residential development unenforceable against the developer of a 100 percent Below Market Rate (BMR) development. They all needed to be treated equally, Bauer-Kahan said. AB 215 requires local agencies to make draft revisions of the housing element available for public comment for 30 days. ", 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.". 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 phenomenon is particularly evident in Los Angeles County, where about half of the state's at least 49,000 chronically homeless people live. 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. Companies employing more than 15 people will also be required to include pay scales in job postings. In Sacramento County, two school districts have started to implement and experiment with restorative justice practices: Natomas and Sacramento City. After going into effect on Jan. 1, 2023, the new law will continue until Jan. 1, 2028. New. AB 838. 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. Governor Newsom joins Caltrans at an encampment cleanup in Los Angeles Thursday. This Holland & Knight alert takes a closer look at the laws that the Legislature passed and that Gov. Stripping Bad Cops of Their Badges For decades, bad cops could skirt discipline by jumping from one California police force to another. (See Holland & Knight's previous alert, "California Legislature Passes Housing Crisis Act of 2019 and Rent Control Bill, Among Others," Sept. 12, 2019.) Gov. As an urgency statute, this law took effect on May 20, 2021. Bauer-Kahan commented: "A noose and a swastika and a burning cross were treated differently, both where they could legally be placed and how they were treated as a penalty. 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. ", 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.". This amendment is intended to broaden the scope of SDBL projects eligible for the HAA's protections. 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. 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. 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. 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. AB 1174 further reforms the streamlined ministerial approval statute by addressing the process for modifying the project after an SB 35 permit is issued. General. 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. Tia Koonse is the legal and policy research manager at the UCLA Labor Center and says pay is just one part of the plan. 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. 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. 1. 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. 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 . He said the change improves upon the existing 3-foot law when passing a biker. California will establish a new court program to steer and even force homeless people with severe mental . 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.. 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). 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. 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. 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. SB 478 also makes any private development CC&R void and unenforceable if it effectively prohibits or unreasonably restricts an eligible FAR, as authorized under the new FAR standards and summarized above (and now found in Government Code Section 65913.11). Los Angeles County is seeking co-applicants for the funding. Labor Commissioner Revokes Garment Manufacturer's License for Labor Law Violations and Informs Employers of New Law for 2022. In California, there are hundreds of "anti-homeless" laws. 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. 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. The Legislature took little action to streamline the approval of housing developments other than to extend and revise previously enacted laws. SB 731 will allow people who have served time on or after Jan. 1, 2005, to automatically have their records expunged as long as they havent been convicted of another felony in the past four years. AB 2223 provides new protection against prosecution for those who have an abortion, or otherwise lose a baby before birth, whilst SB 1375 will increase the range of medical personnel permitted to conduct an abortion. Supporters of the new law say serving prison time can change the trajectory of a persons life permanently and unfairly. 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. A new report by Berkeley Law's Policy Advocacy Clinic (PAC) reveals a major rise in the criminalization of homeless people in California. But this research was done on such laws that put more restrictions on who was eligible to apply. 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. AB 2282 introduces tougher punishment for those who use hateful symbols in schools as part of hate crimes. 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 Legislature also focused on encouraging student and intergenerational housing planning and production. His Homekey initiative, the . Only 623,212 verified signatures are needed to qualify the initiative and put the law on hold until voters weigh in. 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. The second part of the law is. 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. 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). 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. FY 2023-24 Homeless Initiative Funding Recommendations Review the Draft Budget and Provide Feedback Proposed $598.4 Million Spending Plan Reflects New Framework to End Homelessness, Maximizes Measure H Funding READ MORE Mobile Clinics for People Experiencing Homelessness . 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. It all depends on what happens in the coming days. Do not send any privileged or confidential information to the firm through this website. Ian Cull has the details. Stripping bad cops of their badges For decades, bad cops could skirt discipline by jumping from one California police force to another. It also requires the agency to report on student housing projects receiving density bonuses as part of a housing element annual report. Gutting IRS Will Help Wealthy Avoid More Taxes | Opinion, Eliminating Income Tax Means More Money for Americans | Opinion. 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. 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. SEATTLE. 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. 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. 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. December 22, 2021 Annual Series on New California Laws Sacramento, Calif.- Part 22 in New California Laws for 2022. Deputies responded around 3:30 a.m. to reports of multiple shots fired at the residence . 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. Los Angeles Times. California . 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. 2021 annual Series on new California laws for 2022 annual Series on new laws... 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