Here are 22 new laws Californians must start following in 2022. ", 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.". 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. 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. 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. 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. But at the same time, we know $15 is barely enough at this point in time.. The bill was introduced in March by Democratic Assembly member Rebecca Bauer-Kahan and 17 co-authors from every legislative ethnic caucus. "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. Recent polls suggest Americans do not want to see another Donald Trump vs Biden contest. Assembly Bill 1909 makes four changes to laws affecting bicyclists, as well as drivers and pedestrians who share California roads. Attorney Advertising. 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. 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. 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. Advocates say the bill will make biking safer. 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. Some cities and counties have a higher minimum wage than what is required by the state. The bill will require drivers to change lanes before passing a cyclist, if a lane is available. A law requiring a 1,200 foot space between oil and gas wells and community areas will go into effect on Jan. 1. 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. HOUR 1. 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. Ian Cull has the details. It passed the Senate 39-0. "This is probably the best swell in the past 25 years," says longtime surfer Mitt Seely at Topanga Beach. SACRAMENTO In September 2021, Governor Gavin Newsom announced the state had prioritized 100 high-profile encampment sites on state land to clear. They get kept in prison.. It all depends on what happens in the coming days. There are some new laws in California in 2023, including the minimum wage and jaywalking. AB 1220 by Assemblymember Luz Rivas (D-Arleta) Homelessness: California Interagency Council on Homelessness. 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. Gavin Newsom signed many laws impacting California employers. DNA database laws changing in CA to avoid . $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. 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. When Governor Newsom took office, California lacked money, coordination and accountability in tackling the states homelessness crisis. 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. Read on for five of the most important laws that all California landlords need to know as 2022 approaches. Photo by Jeff Chiu, AP Photo. Gavin Newsom on Thursday signed into law a hefty package of legislation aimed at addressing California's mounting homelessness crisis. Mar 29, 2022 Crime data released by District Attorney reveals homeless individuals are up to 514 times more likely to commit crimes. 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. A Dec. 13 statement from CIPA said that the signatures were submitted to the state for verification. 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 . 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. 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. Tia Koonse is the legal and policy research manager at the UCLA Labor Center and says pay is just one part of the plan. Also, where should Fresno's next homeless shelter go? In July 2022, the U.S. Dept. 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. And we really do believe that this bill strikes that right balance.. . AB 257 would address working conditions that have been long-standing issues in the fast-food industry, Koonse said. Gutting IRS Will Help Wealthy Avoid More Taxes | Opinion, Eliminating Income Tax Means More Money for Americans | Opinion. The Californian minimum wage is set to increase to $15.50, thanks to the SB 3 (2016) legislation. Information contained in this alert is for the general education and knowledge of our readers. 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. 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. 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. Thats certainly not the experience of all fast-food workers, but a significant and sizable amount; more than other industries.. 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. But, opponents of the law want to stop it before it starts. Martin said he hopes the new law will spark plans for how the state can house people exiting prisons, not just while theyre on parole, but permanently. A man jaywalks across California Street in San Francisco on April 7, 2020. 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. 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. FILE - Tents line the streets of the Skid Row area of Los Angeles Friday, July 22, 2022. Special guests: Mike Alamari, President, Pacific Farm Management Miguel Arias, Fresno City Councilmember Garry Bredefeld, [] January 5, 2022. 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. 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. For full text details and authorship regarding chaptered laws and the effective dates, please click on the bill number below for access to the California Legislature official releases. California Labor Commissioner Launches Online Wage Claim Application. Many of these provisions were originally due to sunset in 2025. To highlight the successful state efforts, Governor Newsom joined Caltrans cleanup efforts at an encampment on I-10 in Los Angeles Thursday. Companies employing more than 15 people will also be required to include pay scales in job postings. 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. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. (For additional analysis, please see Holland & Knight's alert, "California Gov. 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). SB 35 of 2017 provides for streamlined ministerial approval of qualifying infill affordable housing developments. AB 838, effective July 1, 2022, requires a city or country to investigate a complaint of a substandard building. California Clears More Than 1,250 Homeless Encampments in 12 Months Published: Aug 26, 2022 Since September 2021, the state has cleared an average 100 encampments per month SACRAMENTO - In September 2021, Governor Gavin Newsom announced the state had prioritized 100 high-profile encampment sites on state land to clear. 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. Many of these wont necessarily intersect with your everyday existence. 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. New California Cannabis Laws for 2022 January 11, 2022 Several new cannabis laws are now in effect in California for 2022. 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. 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. 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). Newsweek has gone through the new legislation to highlight some of the most notable. 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. Calves intended to be sold as veal must be housed with a minimum of 43 square feet per calf. 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. As such, this law strengthens the enforcement tools that may be used against noncompliant jurisdictions. Three of the changes become effective on Jan. 1. The first installment in our series helping you keep up to date tracking the latest laws passed by the California legislature up in Sacramento. 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. Leaving people on the streets and our highways is dangerous and inhumane. 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. 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 bill requires that the CC&Rs for the development set forth the limitations on occupancy, residency and use consistent with the bill. Aug. 5, 2022 Updated 6:24 PM PT. Stripping Bad Cops of Their Badges For decades, bad cops could skirt discipline by jumping from one California police force to another. Those exemptions could both speed up the process and lower the cost of building homes. SB 591 authorizes the establishment of intergenerational housing developments that would include senior citizens, caregivers and transition-age youth in order to permit developers who receive local or state funds or tax credits designated for affordable rental housing to prioritize and restrict occupancy of certain developments to senior citizens, caregivers and transition-age youth. 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 . 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. 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. Finally, the law directs HCD to create an impact fee nexus study template. 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." 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 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 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. Assembly Bill 890, which passed in 2020, and allows nurse practitioners to practice independently. The minimum for businesses with 25 or fewer employees bumps to $14 with the new year and will increase to $15 per hour on Jan. 1 . 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. And if you reply yes, youre not going to get that unit, Martin said. California's New Laws for 2022, Explained. That's more than double the federal minimum of $7.25 an hour. To add to our state's limited housing inventory, California's legislature passed several new laws in 2021, to take effect in 2022. Large jurisdictions are required to adopt a capital improvement plan as part of the nexus study. AB 838. On Jan. 1, the minimum wage in California will increase to $15.50 an hour. 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 SB 14 changes the Education Code to allow for absences due to mental and behavioral health to be counted as excused absences. 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. There are some new laws in California in 2023, including the minimum wage and jaywalking. 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. 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. Jan. 1, 2022 5 AM PT. Jay Jordan, the CEO of Alliance for Safety and Justice, a nonprofit that supported SB 731, said the barriers ex-convicts face in life after prison are referred to as collateral consequences., If people who have served their time, who did everything the system said they needed to do, are not given a second chance, thats not democracy, thats not justice, thats just pure punitive, Jordan said. The Democrats currently hold veto-proof super majorities in both houses. 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. (See Holland & Knight's previous alert, "California Legislature Passes Housing Crisis Act of 2019 and Rent Control Bill, Among Others," Sept. 12, 2019.) The Legislature took little action to streamline the approval of housing developments other than to extend and revise previously enacted laws. 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. Minimum wage bump. 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. To be eligible an ex-convict must have completed their sentence, and not committed any more offenses. The statewide California minimum wage will rise to $15.50 per hour for all employer sizes. 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. This Holland & Knight alert takes a closer look at the laws that the Legislature passed and that Gov. 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. Businesses with 26 or more employees will be required to pay a $15 minimum wage starting in 2022. Gov. 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 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. 1, the law directs HCD to create, and not committed any more.... Hour for all employer sizes previously enacted laws, July 22, 2022, requires a city country! Another Donald Trump vs Biden contest infill affordable housing developments other than to and... Assembly bill 1909 makes four changes to laws affecting bicyclists, as well as drivers and pedestrians who share roads!, opponents of the most notable may be used against noncompliant jurisdictions at an encampment on in... Increase to $ 15.50, thanks to the SB 3 ( 2016 ) legislation little. Improvement plan as part of the changes become effective on Jan. 1 Rebecca Bauer-Kahan and 17 from! Sold as veal must be housed with a minimum of 43 square per... Bill 890, which passed in 2020, and allows nurse practitioners to practice independently laws Californians must start in. A 1,200 foot space between oil and gas wells and community areas will go effect. California Interagency Council on Homelessness joined Caltrans cleanup efforts at an encampment on in... To $ 15.50 an hour both houses Help Wealthy Avoid more Taxes | Opinion, Eliminating Income Tax Means money... 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