Californias secretary of state is responsible for reviewing the signatures and certifying that a referendum qualifies for the ballot. The development must also be affordable to lower-income households. A new law aims to help schools identify the nearly 270,000 homeless students estimated to live in California. Stripping Bad Cops of Their Badges For decades, bad cops could skirt discipline by jumping from one California police force to another. 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. 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. 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]). 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. To say, You cannot write the N-word on the wall at school. The Affordable Housing and High Road Jobs Act identifies areas zoned for parking, retail or office buildings where land could be used for housing. 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. 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. That's more than double the federal minimum of $7.25 an hour. Newsweek has gone through the new. 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. New. Shall the measure entitled The City of Sacramento Emergency Shelter and Enforcement Act of 2022 - which requires identification of a minimum number of emergency shelter spaces based on the estimated number of homeless persons; conditions enforcement of the city's unlawful camping ordinance on shelter space availability; prohibits encampments; allows residents to bring action against the . (See Holland and Knight's previous alert, "SB 7 Creates Expedited CEQA Litigation Schedule for Qualifying Projects," May 28, 2021.) 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. It also allows a single-family home lot to be split into two lots, and a duplex to be built on each lot, provided that the initial home is occupied by an owner who attests that the owner will continue to live in a unit on the property as their primary residence for at least three years. 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. Governor Newsom Announces Homekey Grants for New Homeless Housing in Los Angeles and Sacramento Published: Feb 01, 2022 Roomkey and Homekey sheltered 58,000 unhoused Californians California Blueprint proposes $2 billion for total $14 billion homelessness package that will create 55,000 new housing units and treatment slots in the coming years In July 2022, the U.S. Dept. As previously reported, SB 10 provides that if local agencies choose to adopt an ordinance to allow up to 10 dwelling units on any parcel within a transit-rich area or urban infill site, the rezoning will be exempt from environmental review pursuant to the California Environmental Quality Act (CEQA), but subsequent project approvals are not necessarily exempt, unless the local agency adopts a ministerial approval process or there is another exemption or local law that exempts the project. This creates more ownership options for nonprofit housing organizations. General. Photo by Jeff Chiu, AP Photo. 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. 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 . The seven new projects will provide 387 housing units for people experiencing or at risk of experiencing homelessness. 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. 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. (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.). ", 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.". 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. California will establish a new court program to steer and even force homeless people with severe mental . 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. Sacramento, Calif.-. A 2022 study from the Institute for Health Policy Studies at UC San Francisco showed that white ex-convicts were more likely to benefit from clean slate laws than Black people, for example. SB 8 extends important provisions of SB 330, the Housing Crisis Act of 2019 (HCA), but the Legislature otherwise took little action to streamline the housing approval process. 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. 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. Such a transfer is exempt from provisions governing disposal of surplus land, which dictate how a local agency may notice, negotiate and process the disposal of surplus land and is not subject to provisions that allow for private enforcement actions for noncompliance with the law. The Legislature also focused on encouraging student and intergenerational housing planning and production. "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. 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.. 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. 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). 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. 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. Mental and behavioral health: Assembly Bill 309, Senate Bill 14 and Senate Bill 224. However, critics of Newsom include Kimberly Guilfoyle, his former wife who is now engaged to Donald Trump Jr., who earlier this month insisted the governor "ain't making it to the White House.". California's Minimum Wage to Increase to $15 per Hour for Large Employers, $14 per Hour for Small Employers. (See Holland & Knight's previous alert, "California's 2019 Housing Laws: What You Need to Know," Oct. 8, 2018.) 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. Assembly Bill 890, which passed in 2020, and allows nurse practitioners to practice independently. AB 1443 by Assemblymember Kevin McCarty (D-Sacramento) Mental health: involuntary treatment. 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. This Holland & Knight alert takes a closer look at the laws that the Legislature passed and that Gov. 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." In order to qualify, a commercial developer must partner with a housing developer or provide housing that contains 30 percent low income units or 15 percent very low-income units. 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. His Homekey initiative, the . It also allows for housing on that land, and exempts such projects from local approval processes and the California Environmental Quality Act. If the answer is no, they then do not get paroled, Martin explained. AB 1377 requires the University of California (UC) and California State University (CSU) to conduct a needs assessment to determine projected student housing needs by campus by July 1, 2022, for the 2022-2023 through 2026-2027 fiscal years and to create a student housing plan, with a focus on affordable student housing, that outlines how they will meet projected student housing needs and to update that plan every three years. As previously described, SB 7 revises and expands on the previously enacted Environmental Leadership Development Project (ELDP) litigation process to include qualifying mixed-use and residential projects that were not previously eligible for certification. 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. They all needed to be treated equally, Bauer-Kahan 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. Many of these wont necessarily intersect with your everyday existence. "This is probably the best swell in the past 25 years," says longtime surfer Mitt Seely at Topanga Beach. Atkins own AB 154, which passed in 2013 and permitted nurse practitioners to conduct first-trimester abortions under a doctors supervision. Some cities and counties have a higher minimum wage than what is required by 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. 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. Deputies responded around 3:30 a.m. to reports of multiple shots fired at the residence . 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.. Here is a sampling of 44 new laws set to hit the State of California. 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. Today, numerous laws infringe on poor people's equal protection under the law.We have introduced legislation called the Right to Rest in California , Oregon & Colorado to overturn local laws targeted to remove certain . 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. 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. So, safety, harassment, violence, retaliation, wage theft. Previously, an agency had three years to rezone. Recognizing that "home ownership provides low-income families the opportunity to build inter-generational wealth," AB 1095 revises laws governing the Affordable Housing and Sustainable Communities Program (AHSC) and the Strategic Growth Council (SGC) to specify that both programs aim to promote affordable housing rental units and owner-occupied affordable housing units. The new law requires the California Rehabilitation Oversight Board, part of the Office of the Inspector General, to issue annual reports to the governor and Legislature. DNA database laws changing in CA to avoid . Attorney Advertising. 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. 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. Now, two new laws in California would let developers build housing on that land and largely prevent revenue-hungry local governments from stopping them. Please note that email communications to the firm through this website do not create an attorney-client relationship between you and the firm. 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. SACRAMENTO In September 2021, Governor Gavin Newsom announced the state had prioritized 100 high-profile encampment sites on state land to clear. HOUR 1. It will also be possible to seal some violent crime records, but this will require permission from a court. (See Holland & Knight's previous annual recaps of California Housing Laws in the final section below.) However, if the government does NOT provide enough shelters, it may NOT prevent people from sleeping on the streets at night.2Martin v Boise (2018) - 9th Circuit This year, CapRadio is focusing on 10 new laws that could impact your world. 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. Those taking effect on July 1, 2022 range from school . Here are 22 new laws Californians must start following in 2022. The SDBL continues to be the most commonly used tool to increase housing density and production. The third change removes a statewide ban on Class 3 electric bikes which are the fastest available from certain facilities, but local governments can still ban them from equestrian, hiking and recreational trails. 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. I think, especially in high school, the threat of a legal consequence will mitigate behavior. Versher said. The statewide California minimum wage will rise to $15.50 per hour for all employer sizes. SB 478 prohibits agencies from imposing a FAR of less than 1.0 for a housing development project (comprised solely of residential units, a mixed-use development with at least two-thirds of the square footage attributed to residential uses or transitional or supportive housing as defined in the HAA) consisting of three to seven units and a FAR of less than 1.25 for housing development project consisting of eight to 10 units. Mar 29, 2022 Crime data released by District Attorney reveals homeless individuals are up to 514 times more likely to commit crimes. Also, where should Fresno's next homeless shelter go? AB 362 by Assemblymember Sharon Quirk-Silva (D-Fullerton) Homeless shelters: safety regulations. A coalition called Save Local Restaurants, whose biggest funders are In-N-Out Burger, Chipotle, and Starbucks (among others), has submitted more than a million signatures to put the issue on the ballot in 2024. To highlight the successful state efforts, Governor Newsom joined Caltrans cleanup efforts at an encampment on I-10 in Los Angeles Thursday. California's New Laws for 2022, Explained. Read on for five of the most important laws that all California landlords need to know as 2022 approaches. It passed the Senate 39-0. Jared Sanchez is a senior policy advocate at the California Bicycle Coalition, a nonprofit also known as CalBike. ", 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.". 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. Assembly Bill 2282, hate crimes at . Los Angeles Times. Copyright 19962023 Holland & Knight LLP. Assembly Bill 257, the FAST Recovery Act. 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. 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. 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. 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 such, this law strengthens the enforcement tools that may be used against noncompliant jurisdictions. "Alien" is removed from California State Code ( AB 1096) - strikes . 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. Advocates say they are hopeful that SB 731 is expansive enough to avoid racial disparities like this. Special guests: Mike Alamari, President, Pacific Farm Management Miguel Arias, Fresno City Councilmember Garry Bredefeld,  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. 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. In connection with for-sale density bonus units that qualified a developer for an award of a density bonus under the SDBL, SB 728 requires that such unit be either 1) initially occupied by a person or family of the required income, offered at an affordable housing cost and subject to an equity sharing agreement, or 2) purchased by a qualified nonprofit housing organization receiving a property tax welfare exemption. The . 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. 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. Leaving people on the streets and our highways is dangerous and inhumane. No longer will there be a lack of incentive for workers to join the construction workforce. That office will likely conclude their review of the submitted signatures sometime in January. 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. 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. 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. 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. Stripping bad cops of their badges For decades, bad cops could skirt discipline by jumping from one California police force to another. 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. Under the legislation, certified nurse midwives and qualified nurse practitioners will be able to carry out abortions, without requiring a physician to be supervising the procedure. The second part of the law is. Although there is nothing that specifically bans or restricts homelessness, cities in the Golden State have created nearly a. As women from restrictive states come to California, closing our provider gap is more important than ever.. In California, there are hundreds of "anti-homeless" laws. 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 1029 permits HCD to add the preservation of affordable housing units to a list of pro-housing, local policies that allow cities and counties to qualify for extra points or preference when scoring program applications for state programs, including the AHSC grant program, Transformative Climate Communities (TCC) Program and the Infill Incentive Grant (IIG) Program of 2007 for award cycles commenced after July 1, 2021. Governor Newsom is especially focused on rebuilding the states portfolio of housing and treatment options for people with severe behavioral health challenges. The new laws listed below become effective January 1, 2022 unless otherwise noted. Empty bottles for takeout cocktails line the bar at North Light restaurant in Oakland on Aug. 14, 2020. In 2022, California Gov. Climate and Environment Dozens of climate-related bills were signed into. 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." 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. 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. It will be important to plan for affordable and market-rate unit integration from an entitlement, financing and construction perspective. (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). FILE - Tents line the streets of the Skid Row area of Los Angeles Friday, July 22, 2022. But many of them from a bump in the minimum wage to changes for cyclists likely will affect your community, businesses or family. There's nothing stopping CalGEM, which is the agency responsible for permitting in California, to just stop permitting within the setback zone, Naseck said. 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. Single-Family Homes and Lots Zoned for Single-Family Residences The following laws have fueled the "End of Single Family Zoning" headlines. 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. The new law. Supporters of the new law say serving prison time can change the trajectory of a persons life permanently and unfairly. Moreover, the laws of each jurisdiction are different and are constantly changing. There has been some research in the past that points to the racial equity component of clean slate laws like this one. 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. As 2022 approaches conclude their review of the most important laws that the Legislature and! 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Chris Smith Obituary 2021