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. The SDBL continues to be the most commonly used tool to increase housing density and production. Gun rights activists have argued this legislation undermines the second amendment. Also, where should Fresno's next homeless shelter go? 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). As previously described, the Legislature in 2018 required public agencies to administer their public programs, and in particular their housing elements, "in a manner to affirmatively further fair housing [AFFH]." In 2022, California Gov. 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. Calves intended to be sold as veal must be housed with a minimum of 43 square feet per calf. 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. The Legislature also focused particular attention on issues of fair housing and equity, including a new law that requires all BMR homes within a development to be integrated and have the same access to common areas and amenities as non-BMR homes with apparent retroactive effect. But this research was done on such laws that put more restrictions on who was eligible to apply. One new law would task the California Department of Education with developing evidence-based best practices for restorative justice. Together, theyll set the minimum wage for fast-food workers with an upper limit of $22 an hour. 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. The statewide California minimum wage will rise to $15.50 per hour for all employer sizes. General view of the Hollywood sign on a hill above Los Angeles, California. Previously, an agency had three years to rezone. Researchers have found a strong link between leaving prison and entering homelessness, but have struggled to find exact data. Gov. . The . This installment includes migrant childcare, homeless children, water theft, factual innocence, mental health, home inspections and more. AB 1220 by Assemblymember Luz Rivas (D-Arleta) Homelessness: California Interagency Council on Homelessness. The bill was introduced in March by Democratic Assembly member Rebecca Bauer-Kahan and 17 co-authors from every legislative ethnic caucus. As such, this law strengthens the enforcement tools that may be used against noncompliant jurisdictions. The record storms that pummeled California have also been a boon to Southern California surfers, who have been riding massive waves the likes of which haven't been seen in years. 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. It all depends on what happens in the coming days. Gavin Newsom signed many laws impacting California employers. The new law. Atkins own AB 154, which passed in 2013 and permitted nurse practitioners to conduct first-trimester abortions under a doctors supervision. Senate Bill 903 authored by now-retired Senator Bob Hertzberg attempts to measure this prison-to-streets pipeline. In addition to the current requirements, agreements recorded after Dec. 31, 2021, must also include 1) a delineation of all areas of the property that are for the exclusive use of a cotenant, 2) delineation of each cotenant's responsibility for the costs of taxes, insurance, utilities, general maintenance and repair and improvements associated with the property, and 3) procedures for dispute resolution among cotenants before resorting to legal action. 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. If the answer is no, they then do not get paroled, Martin explained. That's about to change. 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. 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. The Legislature has continued the trend of amending the Surplus Land Act (SLA), enacted in 2019 to activate underutilized publicly owned land to encourage the development of affordable housing. SB 400 by Senator Brian W. Jones (R-Santee) Homeless children and youths: local educational agencies: collaboration, training, and reporting. Its unacceptable, said Governor Newsom. of Labor found more than 2,800 minors who were employed in violation of the law in 2021. AB 838. 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. 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. By Ariel Gans. In Sacramento County, two school districts have started to implement and experiment with restorative justice practices: Natomas and Sacramento City. We want to fight back against acts of intimidation, but we also have to be mindful of the First Amendment and the right to free speech, said its regional director, Seth Brysk. 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. Mental and behavioral health: Assembly Bill 309, Senate Bill 14 and Senate Bill 224. The physical feasibility of adding duplexes, lot splits and Accessory Dwelling Units (ADUs) on single-family lots will likely determine how frequently these tools will be utilized. 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. Democratic Assembly member Buffy Wicks, who drafted the act, says it marks a turning point for Californias housing production needs no longer will lack of land be an issue. A man jaywalks across California Street in San Francisco on April 7, 2020. 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. 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.. Gavin Newsom signed two laws Wednesday . 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. 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. January 2023. Climate and Environment Dozens of climate-related bills were signed into. That analysis also says a side benefit of the law, AB 2011, will be a decrease in vehicle miles traveled and tailpipe emissions, as there will be housing adjacent to work and shopping. ", 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.". 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. Gutting IRS Will Help Wealthy Avoid More Taxes | Opinion, Eliminating Income Tax Means More Money for Americans | Opinion. Advocates say they are hopeful that SB 731 is expansive enough to avoid racial disparities like this. He said the change improves upon the existing 3-foot law when passing a biker. New York State saw 464 child labor cases last year with $270,000 in civil . (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.). 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! 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. California will establish a new court program to steer and even force homeless people with severe mental . This Holland & Knight alert takes a closer look at the laws that the Legislature passed and that Gov. 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. As women from restrictive states come to California, closing our provider gap is more important than ever.. Stripping Bad Cops of Their Badges For decades, bad cops could skirt discipline by jumping from one California police force to another. This amendment is intended to broaden the scope of SDBL projects eligible for the HAA's protections. As an urgency statute, this law took effect on May 20, 2021. Here are 13 laws coming to California in 2023: Jaywalking: Pedestrians will no longer be cited for crossing the street outside of a crosswalk, unless they are . 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. AB 1174 further reforms the streamlined ministerial approval statute by addressing the process for modifying the project after an SB 35 permit is issued. SB 9 does not address covenants, conditions or restrictions that may prohibit multifamily development or lot splits. January 5, 2022. A law requiring a 1,200 foot space between oil and gas wells and community areas will go into effect on Jan. 1. The SDBL grants bonuses, concessions, waivers and parking reductions to projects with qualifying affordable housing. Since the law does not authorize development that is inconsistent with local zoning and general plans, parties who would have standing to enforce CC&Rs may turn to applicable general plan or zoning laws to enforce residential restrictions, while others may turn to challenging the constitutionality or enforceability of the law, either on a facial basis or as applied to specific development proposals. Gov. AB 1398 requires a locality that fails to adopt a housing element that the California Department of Housing and Community Development (HCD) has found to be in substantial compliance with state law within 120 days of the statutory deadline to complete this required rezoning no later than one year from the deadline for adoption of the housing element and prohibits the Housing Element from being found in substantial compliance until that rezoning is completed. 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. 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. Jared Sanchez is a senior policy advocate at the California Bicycle Coalition, a nonprofit also known as CalBike. 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. The report details how more and more city ordinancesand the overzealous enforcement of themare targeting this population. Now, two new laws in California would let developers build housing on that land and largely prevent revenue-hungry local governments from stopping them. Assembly Bill 2282, hate crimes at . 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. (See Holland & Knight's previous annual recaps of California Housing Laws in the final section below.) 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 SLA has been strengthened in recent years (with new penalty provisions) as a result of noncompliance in the past and to increase opportunities for affordable housing and other public purposes on underutilized public land. Some begin in 2022 and others in the following years. 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. 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. Urban Footprints analysis estimates that 108,000 acres of land would be newly open for home construction, with the potential for between 1.5 and 2.5 million homes, 200,000 to 300,000 of which would not require a government subsidy. The bill will require drivers to change lanes before passing a cyclist, if a lane is available. A new law aims to help schools identify the nearly 270,000 homeless students estimated to live in California. You cannot racially target and terrorize people.. The bill also prohibits cities from requiring bicycle licenses. California Environmental Quality Act (CEQA) Litigation Except where urgency statutes are specifically noted, the new laws take effect Jan. 1, 2022. The Democrats currently hold veto-proof super majorities in both houses. This creates more ownership options for nonprofit housing organizations. Here are 11 categories of new laws that take effect next year across California. Affordable Housing and High Road Jobs Act. Among the coalition drafting the bill was the Anti-Defamation League. 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. 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. In 2022, the minimum wage in California was $14 an hour for employers with 25 or fewer employees and. Applicants who submit qualifying preliminary applications for housing developments prior to Jan. 1, 2030, can now invoke vesting rights until Jan. 1, 2034. AB 602 imposes additional standards and procedures for agencies adopting impact fees. 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 Affordable Housing and High Road Jobs Act identifies areas zoned for parking, retail or office buildings where land could be used for housing. The law builds on existing law that allows parties to eliminate unenforceable racially restrictive covenants from recorded documents but goes dramatically further by making any recorded CC&Rs that restrict the number, size or location of residences that may be built on a property, or that restrict the number of persons or families who may reside on a property, unenforceable against the owner of a 100 percent BMR housing development that is affordable to lower-income households. In California, there are hundreds of "anti-homeless" laws. Three of the changes become effective on Jan. 1. A controversial measure that would require hotels in Los Angeles to rent vacant rooms to homeless people will go before voters in 2024, the City Council decided . SACRAMENTO, Calif. A crew of state workers arrived early one hot summer day to clear dozens of people camped under a dusty overpass near California's Capitol. 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. AB 257 would address working conditions that have been long-standing issues in the fast-food industry, Koonse said. Senate Bill 1375, reproductive access. The new law. Copyright 19962023 Holland & Knight LLP. The Californian minimum wage is set to increase to $15.50, thanks to the SB 3 (2016) legislation. 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. (See Holland & Knight's previous alert, "California's 2019 Housing Laws: What You Need to Know," Oct. 8, 2018.) Understanding the prison-to-streets problem. It passed the Senate 39-0. Several new laws add transparency to the process for updating the Housing Element and progress on meeting the Housing Element's goals by imposing additional noticing and reporting obligations on local jurisdictions. 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. Gavin Newsom signed nearly 1,000 bills into law. 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. Betty Mrquez Rosales. It will also be possible to seal some violent crime records, but this will require permission from a court. 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." Among the cases filed, one was of Dr. Elysse Versher, vice principal at West Campus High School, who was subjected to anti-Black hate crimes on school grounds earlier this year. And if you reply yes, youre not going to get that unit, Martin said. It also makes efforts to repair while centering the needs of those who have been harmed. The law, Senate Bill 1375 authored by Senate Pro Tem Toni Atkins, builds on two existing laws: Atkins says the new measure clarifies those laws and allows for more trained nurse practitioners in high-need areas to perform surgical, or aspiration abortions, whereby suction is used to remove the contents of the uterus. While larger companies hit the $15 per hour minimum wage in January 2022, smaller businesses had an extra year to meet the requirement. 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. As an urgency statute, the law took effect on Sept. 17, 2021. Here is a sampling of 44 new laws set to hit the State of California. That's about to change. Signs Landmark Duplex and Lot-Split Legislation into Law," Sept. 17, 2021.). The new law does not criminalize display or placement of the swastika associated with Hinduism, Buddhism and Jainism. 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. 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. $22 billion housing affordability and homelessness package, four housing bills signed earlier this month, housing affordability bills signed yesterday, 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. "This is probably the best swell in the past 25 years," says longtime surfer Mitt Seely at Topanga Beach. 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. 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. 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 says that Newsom and state agencies have the power to keep protections in place, regardless. 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. SB 14 changes the Education Code to allow for absences due to mental and behavioral health to be counted as excused absences. Special guests: Mike Alamari, President, Pacific Farm Management Miguel Arias, Fresno City Councilmember Garry Bredefeld, [] 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. New. 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