AB 257 would address working conditions that have been long-standing issues in the fast-food industry, Koonse said. Downtown Fresno may be a viable option according to one city leader. Jared Sanchez is a senior policy advocate at the California Bicycle Coalition, a nonprofit also known as CalBike. If the answer is no, they then do not get paroled, Martin explained. 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. AB 838. Some cities and counties have a higher minimum wage than what is required by the state. I think, especially in high school, the threat of a legal consequence will mitigate behavior. Versher said. (See Holland & Knight's previous alert, "California Legislature Passes Housing Crisis Act of 2019 and Rent Control Bill, Among Others," Sept. 12, 2019.) 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. 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. The first installment in our series helping you keep up to date tracking the latest laws passed by the California legislature up in Sacramento. Finally, the law directs HCD to create an impact fee nexus study template. The hens have to be housed with a minimum of 144 square inches per hen. 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. Californias secretary of state is responsible for reviewing the signatures and certifying that a referendum qualifies for the ballot. AB 1443 by Assemblymember Kevin McCarty (D-Sacramento) Mental health: involuntary treatment. 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. The Legislature did not advance any significant new streamlining laws, but it did create opportunities for creative project applicants to use provisions such as the SDBL to create feasible housing opportunities and to invoke the HAA and the HCA to move project approvals forward. The report details how more and more city ordinancesand the overzealous enforcement of themare targeting this population. As an urgency statute, this law took effect on May 20, 2021. Ian Cull has the details. 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. California Gov. 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. 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. Jan. 1, 2022 5 AM PT. It will also be possible to seal some violent crime records, but this will require permission from a court. 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. Gov. of Labor found more than 2,800 minors who were employed in violation of the law in 2021. 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. 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. 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. As in previous years, the California Legislature passed a large volume of laws related to housing in the 2021 legislative session. Gavin Newsom has signed into law, grouped into following categories: Except where urgency statutes are specifically noted, the new laws take effect Jan. 1, 2022. 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. SB 14 changes the Education Code to allow for absences due to mental and behavioral health to be counted as excused absences. 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 . Learn more about these and other new laws below. Three of the changes become effective on Jan. 1. Understanding the prison-to-streets problem. To qualify, a project must consist of three to 10 units in a multifamily residential zone or mixed-use zone in an urbanized area and cannot be within a single-family zone or within a historic district. 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 . 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. Published: Feb 16, 2022 Seven new Homekey projects will provide 387 housing units SACRAMENTO - Governor Gavin Newsom today announced more than $116 million in funding for seven Homekey projects across the state. With additional standards and procedures, more engaged oversight and comment on the impact fee process by housing groups and industry organizations may follow. Effective July 1, minimum wage in the city of Los Angeles will increase from $15 per hour to $16.04 per hour for all covered employees. The Californian minimum wage is set to increase to $15.50, thanks to the SB 3 (2016) legislation. But many of them from a bump in the minimum wage to changes for cyclists likely will affect your community, businesses or family. January 16, 2023 10:02 AM. There has been some research in the past that points to the racial equity component of clean slate laws like this one. Gavin Newsom signed nearly 1,000 bills into law. 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. The SDBL continues to be the most commonly used tool to increase housing density and production. 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. Affordable Housing and High Road Jobs Act. . 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 . Julie Leopo/EdSource. Jerry Brown signed 15 housing bills in 2017, and Newsom signed 18 in 2019.) In addition to the investments addressing homelessness and housing affordability, the California Comeback Plan includes $1.1 billion to clean up the streets of California by partnering with local governments to pick up trash and beautify downtowns, freeways and neighborhoods across California. 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 . They all needed to be treated equally. 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. 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. WHAT THE BILL WOULD DO. 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. 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.. (See Holland & Knight's alert, "SB 10 to Facilitate Upzonings, But Does Not Include CEQA Exemption for Corresponding Projects," Sept. 20, 2021.). 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. California will be required to collect data each year on how many people are exiting prison into unstable housing or outright homelessness under a new law that goes into effect Jan. 1.. General. Together, theyll set the minimum wage for fast-food workers with an upper limit of $22 an hour. California will be required to collect data each year on how many people are exiting prison into unstable housing or outright homelessness under a new law that goes into effect Jan. 1. The Legislature took little action to streamline the approval of housing developments other than to extend and revise previously enacted laws. Large jurisdictions are required to adopt a capital improvement plan as part of the nexus study. 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. Its harming not only themselves, but their families, the economy, their community.. 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 . Fast-food workers in California were hoping for higher wages in the New Year after Governor Gavin Newsom signed landmark legislation back on Labor Day. The extra 50-cent boost in 2023 is because the law includes a provision requiring the minimum wage to increase with inflation. Click "accept" below to confirm that you have read and understand this notice. In the wake of COVID-19 and the political, social, and economic upheaval that followed, the California state legislature has responded by passing hundreds of new laws. A man jaywalks across California Street in San Francisco on April 7, 2020. 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 . The statewide California minimum wage will rise to $15.50 per hour for all employer sizes. New 2022 California Laws . It's a tool to educate. 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. 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. In order to qualify, the conversion 1) must occur beginning Jan. 1, 2022, 2) units may not be previously affordable to very low-, low- or moderate-income households, 3) must be subject to a 55-year recorded agreement and 4) the initial post-conversion rent for the unit must be at least 10 percent less than the average monthly rent charged during the 12 months prior to conversion. California will establish a new court program to steer and even force homeless people with severe mental . SB 35 of 2017 provides for streamlined ministerial approval of qualifying infill affordable housing developments. ", 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.". 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. The bill was introduced in March by Democratic Assembly member Rebecca Bauer-Kahan and 17 co-authors from every legislative ethnic caucus. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. There are some new laws in California in 2023, including the minimum wage and jaywalking. 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. 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. Assembly Bill 257, the FAST Recovery Act. The new law. 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.. 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. 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. 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 budget. Members of the California Independent Petroleum Association spent millions on signature-gathering efforts to get the referendum on the ballot. Stripping Bad Cops of Their Badges For decades, bad cops could skirt discipline by jumping from one California police force to another. The Democrats currently hold veto-proof super majorities in both houses. Previously, an agency had three years to rezone. December 22, 2021 Annual Series on New California Laws Sacramento, Calif.- Part 22 in New California Laws for 2022. The Department of Finance certified in July that a 7.9% year-over-year increase in the Consumer Price Index would require the minimum wage to increase to $15.50 in 2023 for small and large businesses. The report recommended the district utilize restorative justice as a suspension alternative, to build communities and restore relationships between all affected parties after an incident has occurred.. Mental and behavioral health: Assembly Bill 309, Senate Bill 14 and Senate Bill 224. Atkins own AB 154, which passed in 2013 and permitted nurse practitioners to conduct first-trimester abortions under a doctors supervision. 09/21/2022 04:30 AM EDT. / (MB) https://www.morningbrew.com/daily/stories/king-charles-III-inheritance? The minimum wage has been gradually increasing under a 2016 law that brought workers hourly minimum pay from $10 to $15. 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. To add to our state's limited housing inventory, California's legislature passed several new laws in 2021, to take effect in 2022. 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. 1: One For the Road When restaurants shut down in-person dining early in the pandemic, the laws governing. Part 5 in New California laws for 2022 includes homeless shelters, public officials, DMV records, local government, debt collections, local board of supervisors and more. 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. It's been a tough year for abortion rights campaigners in America, with the Supreme Court overturning Roe v. Wade in June, but new laws strengthening abortion access are due to take effect in 2023. 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. 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. Most affordable housing programs and laws target "lower income" households (which, in most counties, are generally households who earn less than 80 percent of Area Median Income [AMI]). The legislation additionally requires the SGC to adopt guidelines or selection criteria for the AHSC program that include both affordable housing rental and owner-occupied affordable housing units. 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). Join half a million readers enjoying Newsweek's free newsletters. Gavin Newsom signs a $123.9 billion package to support K-12 education. On Jan. 1, the minimum wage in California will increase to $15.50 an hour. (For additional analysis, please see Holland & Knight's alert, "California Gov. 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. 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. January 5, 2022. Here are 22 new laws Californians must start following in 2022. 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. AB 1174 further reforms the streamlined ministerial approval statute by addressing the process for modifying the project after an SB 35 permit is issued. Newsweek has gone through the new legislation to highlight some of the most notable. They all needed to be treated equally, Bauer-Kahan said. 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. Senate Bill 903 authored by now-retired Senator Bob Hertzberg attempts to measure this prison-to-streets pipeline. 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. (See Holland & Knight's previous alert, "California's 2019 Housing Laws: What You Need to Know," Oct. 8, 2018.) He said the change improves upon the existing 3-foot law when passing a biker. SAN FRANCISCO (KGO) -- Every year, new laws are approved in California in the hope of tackling the problems people face in the Golden State. Local agencies are required to update their Housing Element every eight years (or four years if HCD determines it is noncompliant). SB 8 extends until 2034 the HCA provision that prohibits cities from conducting more than five hearings on an application as well as HCA provisions that provide vesting rights for housing projects that submit a qualifying "preliminary application." The law, authored by Democratic Assembly member Dr. Akilah Weber, is an effort to disrupt the so-called school-to-prison pipeline, which refers to the disproportionate and increased likelihood of students of color particularly Black students being disciplined in school via suspension or police to end up incarcerated as adults. The agency must consider and incorporate public comments prior to submission to the HCD for review. Hopefully this will increase the use of bikes and make it safer for folks on the road.. Perhaps most significantly, California in 2017 relaxed laws to make it easier for homeowners to convert and rent out . 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. Gov. 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. 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. 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. VISALIA, Calif. (AP) Six people including a 17-year-old mother and her 6-month-old baby were killed in a shooting early Monday at a home in central California, and authorities are searching for at least two suspects, sheriff's officials said. Similar provisions have previously been included in locally adopted inclusionary housing requirements. AB 1220 by Assemblymember Luz Rivas (D-Arleta) Homelessness: California Interagency Council on Homelessness. The second part of the law is. 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. California has a critical housing shortage: The median home price broke $800,000 in 2021, and some experts say California needs about 3 million new homes for the growing population. Sex offenders would not be eligible. Since September 2021, the state has cleared an average 100 encampments per month. This Holland & Knight alert takes a closer look at the laws that the Legislature passed and that Gov. AB 571 prohibits agencies from imposing affordable housing impact fees, including inclusionary zoning fees and in lieu fees, on affordable units proposed as part of a SDBL project. The Legislature also focused on encouraging student and intergenerational housing planning and production. When you apply for housing, you have to say whether you have a criminal record or not. That's about to change. This installment includes migrant childcare, homeless children, water theft, factual innocence, mental health, home inspections and more. 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. Hundreds of new laws will take effect across California in 2023. The Affordable Housing and High Road Jobs Act identifies areas zoned for parking, retail or office buildings where land could be used for housing. Housing and Land Use AB 215 (Chiu) - Housing Element Violations: Increases the enforcement authority of the state Department of Housing and Community Development (HCD) in relation to violations of state housing law. As an urgency statute, the law took effect on Sept. 17, 2021. 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. 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