Agencies must also post the current impact fee schedule and update at least twice a year. Gutting IRS Will Help Wealthy Avoid More Taxes | Opinion, Eliminating Income Tax Means More Money for Americans | Opinion. (For more details regarding the SLA, see Holland & Knight's previous alert, "California's 2020 Housing Laws: What You Need to Know," Oct. 18, 2019). Information contained in this alert is for the general education and knowledge of our readers. Please note that email communications to the firm through this website do not create an attorney-client relationship between you and the firm. Gov. 1, a ballot measure that codified abortion as a constitutional right in the state. Empty bottles for takeout cocktails line the bar at North Light restaurant in Oakland on Aug. 14, 2020. On Jan. 1, the minimum wage in California will increase to $15.50 an hour. Ian Cull has the details. 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." The . 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. As an urgency statute, the law took effect on Sept. 17, 2021. Its unacceptable, said Governor Newsom. Photo by Jeff Chiu, AP Photo. 09/21/2022 04:30 AM EDT. SB 14 changes the Education Code to allow for absences due to mental and behavioral health to be counted as excused absences. 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). Gavin Newsom signs a $123.9 billion package to support K-12 education. 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. AB 1174 further reforms the streamlined ministerial approval statute by addressing the process for modifying the project after an SB 35 permit is issued. With the 2022 primary elections less than six months away, candidates are diving head-first into one of California's most visible and persistent problems: homelessness. $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. Only 623,212 verified signatures are needed to qualify the initiative and put the law on hold until voters weigh in. AB 1180 amends the definition of the type of land a local agency may declare as "exempt surplus land" to include the transfer of surplus land to a federally recognized California Native American tribe. One underappreciated provision of Housing Element Law is the requirement that, if a city cannot identify sufficient sites adequate to accommodate its regional housing need, the Housing Element must commit to rezone properties within three years to allow "by right" development of 20 percent BMR projects. Governor Newsom Signs Legislation to Address Homelessness and Mental Health Services, Highlights $22 Billion Housing and Homelessness Package Published: Sep 29, 2021 $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 No longer will there be a lack of incentive for workers to join the construction workforce. It will be important to plan for affordable and market-rate unit integration from an entitlement, financing and construction perspective. Single-Family Homes and Lots Zoned for Single-Family Residences The following laws have fueled the "End of Single Family Zoning" headlines. 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. While larger companies hit the $15 per hour minimum wage in January 2022, smaller businesses had an extra year to meet the requirement. How much is the British Crown worth? 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. Julie Leopo/EdSource. There are some new laws in California in 2023, including the minimum wage and jaywalking. 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. The bill was authored by Democratic Senator Maria Elena Durazo. California is investing billions of dollars to house thousands of people and clean up our communities and streets. It passed the Senate 39-0. California Labor Commissioner Launches Online Wage Claim Application. January 16, 2023 10:02 AM. 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. Californias secretary of state is responsible for reviewing the signatures and certifying that a referendum qualifies for the ballot. 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. These include: SB 10, which authorizes local governments to zone any parcel for up to 10 units of residential density when the parcel is located in a transit-rich area, a jobs-rich area or an urban infill site . FILE - Tents line the streets of the Skid Row area of Los Angeles Friday, July 22, 2022. 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. 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. Gavin Newsom signed many laws impacting California employers. A new report by Berkeley Law's Policy Advocacy Clinic (PAC) reveals a major rise in the criminalization of homeless people in California. 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. December 22, 2021 Annual Series on New California Laws Sacramento, Calif.- Part 22 in New California Laws for 2022. Copyright 19962023 Holland & Knight LLP. But now, the law could be put on hold. Climate and Environment Dozens of climate-related bills were signed into. A new law aims to help schools identify the nearly 270,000 homeless students estimated to live in California. Atkins own AB 154, which passed in 2013 and permitted nurse practitioners to conduct first-trimester abortions under a doctors supervision. (See Holland & Knight's previous alert, "California's 2019 Housing Laws: What You Need to Know," Oct. 8, 2018.) AB 787 expands existing law that permits jurisdictions to claim credit for up to 25 percent of their RHNA from the conversion of existing housing units for very low- and low-income households by also permitting cities and counties to satisfy up to 25percent of the local agency's moderate-income regional housing need through RHNA through the conversion of units in an existing multifamily building to be restricted for moderate-income households. By Ariel Gans. The new law does not criminalize display or placement of the swastika associated with Hinduism, Buddhism and Jainism. Large jurisdictions are required to adopt a capital improvement plan as part of the nexus study. SEIU, the states largest union, says the restaurant coalitions signature-gathering effort was purposely misleading to voters and says it has video to prove it, which the LA Times reviewed. It also requires the agency to report on student housing projects receiving density bonuses as part of a housing element annual report. Those with violent or serious felonies in their backgrounds wouldnt get their records automatically sealed, but would be able to petition a court to have them sealed. Advocates say the bill will make biking safer. AB 1043 adds a new subset of "lower income households": "Acutely Low Income" households, who earn 15 percent of AMI and whose rents can be no greater than 30 percent of the 15 percent AMI level. 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.. AB 838, effective July 1, 2022, requires a city or country to investigate a complaint of a substandard building. The Democrats currently hold veto-proof super majorities in both houses. Supporters of the new law say serving prison time can change the trajectory of a persons life permanently and unfairly. Agencies must adopt studies at a public hearing with at least 30 days' notice, notify any member of the public who requests notice of an impact fee nexus study and consider any evidence submitted by any member of the public that the agency's determinations or findings are insufficient. 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. 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 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. Altogether, the efforts highlighted today represent a comprehensive strategy to get more Californians off the streets faster than ever before and into the health services and housing they need all at a fraction of the cost of previous efforts. New 2022 California Laws . "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. Sen. Bill Dodd's SB389 . Stripping Bad Cops of Their Badges For decades, bad cops could skirt discipline by jumping from one California police force to another. As previously reported, Senate Bill (SB) 9 provides for the ministerial approval of converting existing homes occupied by a homeowner into a duplex if certain eligibility restrictions are satisfied. Sacramento, Calif.-. The SDBL continues to be the most commonly used tool to increase housing density and production. Hundreds of new laws will take effect across California in 2023. In November, California voters approved Prop. The extra 50-cent boost in 2023 is because the law includes a provision requiring the minimum wage to increase with inflation. Most of them take effect on Jan. 1. Downtown Fresno may be a viable option according to one city leader. As women from restrictive states come to California, closing our provider gap is more important than ever.. 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. 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. Understanding the prison-to-streets problem. The bill was introduced in March by Democratic Assembly member Rebecca Bauer-Kahan and 17 co-authors from every legislative ethnic caucus. Applicants who submit qualifying preliminary applications for housing developments prior to Jan. 1, 2030, can now invoke vesting rights until Jan. 1, 2034. Learn more about these and other new laws below. 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. 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. To add to our state's limited housing inventory, California's legislature passed several new laws in 2021, to take effect in 2022. This year, the California governor, Gavin Newsom, is pushing a $14bn investment in homelessness solutions, meant to create 55,000 new housing units and treatment slots. This installment includes migrant childcare, homeless children, water theft, factual innocence, mental health, home inspections and more. Deputies responded around 3:30 a.m. to reports of multiple shots fired at the residence . 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. One new law would task the California Department of Education with developing evidence-based best practices for restorative justice. Now, three years later, the state has become a national leader, investing $14.7 billion towards homelessness with a coordinated statewide approach focusing on encampment resolution and housing through the Homekey program. 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. Gavin Newsom signed two laws Wednesday . 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. 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. The new law. Here are 11 categories of new laws that take effect next year across California. 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. . 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.. 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 . People in California who have served time in prison will soon have a chance to appeal to have their criminal records sealed. 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. Recent polls suggest Americans do not want to see another Donald Trump vs Biden contest. 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. Labor Commissioner Revokes Garment Manufacturer's License for Labor Law Violations and Informs Employers of New Law for 2022. 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. The law also clarifies that subsequent permit applications must only meet the objective standards that were in place when the original development application was submitted. New. Tia Koonse is the legal and policy research manager at the UCLA Labor Center and says pay is just one part of the plan. 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. 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. 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 second part of the law is. of Labor found more than 2,800 minors who were employed in violation of the law in 2021. 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]). Those taking effect on July 1, 2022 range from school . Many of these provisions were originally due to sunset in 2025. The statewide California minimum wage will rise to $15.50 per hour for all employer sizes. 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). This year, CapRadio is focusing on 10 new laws that could impact your world. When Governor Newsom took office, California lacked money, coordination and accountability in tackling the states homelessness crisis. Los Angeles County is seeking co-applicants for the funding. 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. Some of the 1,262 encampments closed by Caltrans during the past 12 months include: Governor Newsom joined Caltrans cleanup efforts at an encampment, Presidential Major Disaster Declaration Expanded to Three Additional Storm-Impacted Counties, Governor Newsom Honors Fallen Los Angeles County Sheriffs Detective 1.18.23, Businesses Impacted by Storms Now Eligible for Emergency Tax Relief, Governor Newsom Signs Executive Order to Support Communities Impacted by Winter Storms1.16.23, Governor Newsom ProclaimsDr. Martin Luther King, Jr. Day 2023. Attorney Advertising. That office will likely conclude their review of the submitted signatures sometime in January. Previously, they were simply required to maintain a distance of at least three feet. 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. AB 977 by Assemblymember Jesse Gabriel (D-Encino) implements new data mandates under the states Homeless Management Information System, allowing policymakers to better track and evaluate the effectiveness of homelessness funding around the state. 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. 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 400 by Senator Brian W. Jones (R-Santee) Homeless children and youths: local educational agencies: collaboration, training, and reporting. That's more than double the federal minimum of $7.25 an hour. 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. Calves intended to be sold as veal must be housed with a minimum of 43 square feet per calf. (For additional analysis, please see Holland & Knight's alert, "California Gov. One year later, California has cleared an average of 100 encampments per month with a total of 1,262 cleared sites, removing 1,213 tons of trash enough to fill 22 Olympic-size swimming pools. Many of these wont necessarily intersect with your everyday existence. General view of the Hollywood sign on a hill above Los Angeles, California. In California, there are hundreds of "anti-homeless" laws. For California the beginning of each new year sees an array of new laws take effect having been passed by the state legislature then signed into law by the governor, currently Gavin Newsom. Agencies must update nexus fee studies at least every eight years from the period beginning on Jan. 1, 2022. And if you reply yes, youre not going to get that unit, Martin said. SB 8 extends until 2030 provisions that limit localities' authority to impose shifting requirements as part of application "completeness" review, as well as provisions that require localities to render any decision about whether a site is historic at the time the application for the housing development project is deemed complete. 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. 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 intention here is that the minimum wage continues to rise with the cost of inflation, said David Huerta, president of SEIU-United Service Workers West. "Alien" is removed from California State Code ( AB 1096) - strikes . Starting now, local governments must commit to quantifiable goals across six standardized metrics andmake progress towards meeting or exceeding them in order to receive their full share of HHAP funding. 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. 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. It also allows for housing on that land, and exempts such projects from local approval processes and the California Environmental Quality Act. 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). Restorative justice practices focus on mediation and community-building, asking students to take responsibility for harm theyve caused. Some begin in 2022 and others in the following years. 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. 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 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. A law requiring a 1,200 foot space between oil and gas wells and community areas will go into effect on Jan. 1. Mar 29, 2022 Crime data released by District Attorney reveals homeless individuals are up to 514 times more likely to commit crimes. LOS ANGELES Today, Governor Gavin Newsom signed a suite of bills to help address the homelessness crisis and enhance Californias response to people suffering from mental health issues on the streets, a critical part of the Governors$22 billion housing affordability and homelessness package, while visiting an acute board and care home run by Los Angeles County. This past year, the state Legislature passed and Gov. 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. 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 . The new homelessness funding also includes $5.8 billion to add more than 35,000 new housing units through Homekey a national model for homeless housing. Share with friendsIn this week's episode, we discuss a new California law that impacts the overtime hours for Californian farmworkers. And we really do believe that this bill strikes that right balance.. The new law. Among the 43 new bills that address homelessness, climate change and affordable housing is one that seeks to get organic material out of the state's landfills. 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. Gavin Newsom signed nearly 1,000 bills into law. Todays legislation, along with our overall $22 billion housing affordability and homelessness package, will move the needle on creating more housing for the homeless and will allow us to tackle the homelessness crisis in ways California has never done.. Minimum wage bump. Affordable Housing and High Road Jobs Act. The new laws listed below become effective January 1, 2022 unless otherwise noted. New California Cannabis Laws for 2022 January 11, 2022 Several new cannabis laws are now in effect in California for 2022. 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. The Californian minimum wage is set to increase to $15.50, thanks to the SB 3 (2016) legislation. 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