One new law would task the California Department of Education with developing evidence-based best practices for restorative justice. State law recognizes two further subcategories of "lower income" households: "Very Low Income" and "Extremely Low Income" households (whose incomes vary by county but who typically earn less than 50 percent, and 30 percent, of AMI, respectively). Benjamin Oreskes Aug. 2, 2022 Updated 4:28 PM PT The Los Angeles City Council voted Tuesday to prohibit homeless people from setting up tents within 500 feet of schools and day-care centers,. This year, CapRadio is focusing on 10 new laws that could impact your world. New California Cannabis Laws for 2022 January 11, 2022 Several new cannabis laws are now in effect in California for 2022. SB 224 requires mental health instruction to be included in . The Legislature also focused on encouraging student and intergenerational housing planning and production. 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. 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 . (See Holland & Knight's previous alert, "California's 2019 Housing Laws: What You Need to Know," Oct. 8, 2018.) 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. SB 290 adds the ability to request one concession or incentive for projects that include at least 20 percent of the total units for lower-income students in a student housing development. 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. By Ariel Gans. . But now, the law could be put on hold. 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 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. The Sacramento Police Department reported 112 bias-related incidents for the first six months of 2022. Ian Cull has the details. The following new laws are aimed at curbing the increasing cost of housing production by imposing additional procedures on jurisdictions adopting impact fees and prohibiting affordable housing fees on affordable housing units. 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. AB 362 by Assemblymember Sharon Quirk-Silva (D-Fullerton) Homeless shelters: safety regulations. AB 1443 by Assemblymember Kevin McCarty (D-Sacramento) Mental health: involuntary treatment. It also makes efforts to repair while centering the needs of those who have been harmed. The . Gavin Newsom signed nearly 1,000 bills into law. 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. In California, there are hundreds of "anti-homeless" laws. When you apply for housing, you have to say whether you have a criminal record or not. 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. A man jaywalks across California Street in San Francisco on April 7, 2020. 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. 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 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. SAN FRANCISCO (KGO) -- Every year, new laws are approved in California in the hope of tackling the problems people face in the Golden State. In July 2022, the U.S. Dept. 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.. 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. Information contained in this alert is for the general education and knowledge of our readers. 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. 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. Please note that email communications to the firm through this website do not create an attorney-client relationship between you and the firm. This amendment is intended to broaden the scope of SDBL projects eligible for the HAA's protections. 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. In 2022, the minimum wage in California was $14 an hour for employers with 25 or fewer employees and. Downtown Fresno may be a viable option according to one city leader. Also, where should Fresno's next homeless shelter go? It also allows for housing on that land, and exempts such projects from local approval processes and the California Environmental Quality Act. A new law aims to help schools identify the nearly 270,000 homeless students estimated to live in California. FILE - Tents line the streets of the Skid Row area of Los Angeles Friday, July 22, 2022. On Jan. 1, the minimum wage in California will increase to $15.50 an hour. The seven new projects will provide 387 housing units for people experiencing or at risk of experiencing homelessness. 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. 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. 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. December 22, 2021 Annual Series on New California Laws Sacramento, Calif.- Part 22 in New California Laws 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. California is investing billions of dollars to house thousands of people and clean up our communities and streets. 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. The budget. In California, many landlords, employers and colleges and universities ask to conduct a background check, and a criminal record can make it harder for an applicant to secure housing and a job. People in California who have served time in prison will soon have a chance to appeal to have their criminal records sealed. Assembly Bill 2282, hate crimes at . 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. AB 1220 by Assemblymember Luz Rivas (D-Arleta) Homelessness: California Interagency Council on Homelessness. Thats certainly not the experience of all fast-food workers, but a significant and sizable amount; more than other industries.. It's a tool to educate. That's more than double the federal minimum of $7.25 an hour. The second part of the law is. 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. Since September 2021, the state has cleared an average 100 encampments per month. Schools are tasked with figuring out just how many students are homeless, but it's not easy even in a state where nearly 270,000 homeless students are . 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. 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]). Los Angeles County is seeking co-applicants for the funding. Governor Newsom is especially focused on rebuilding the states portfolio of housing and treatment options for people with severe behavioral health challenges. 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. Mar 29, 2022 Crime data released by District Attorney reveals homeless individuals are up to 514 times more likely to commit crimes. Covered employees are defined by law as those who perform at . 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. To be eligible an ex-convict must have completed their sentence, and not committed any more offenses. 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. Here's a breakdown of 11 of those new laws taking effect in 2022, most of which lawmakers approved in the last session (a few videos cover more than one new law on the same subject). SB 9 does not address covenants, conditions or restrictions that may prohibit multifamily development or lot splits. A new report by Berkeley Law's Policy Advocacy Clinic (PAC) reveals a major rise in the criminalization of homeless people in California. Copyright 19962023 Holland & Knight LLP. 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. 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. The physical feasibility of adding duplexes, lot splits and Accessory Dwelling Units (ADUs) on single-family lots will likely determine how frequently these tools will be utilized. ", 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.". There has been some research in the past that points to the racial equity component of clean slate laws like this one. AB 1584, a housing omnibus bill, establishes a restriction on contractual development controls that mirrors AB 721 by declaring unenforceable any CC&R contained within a deed, contract, security instrument or other instrument that prohibits, effectively prohibits or restricts the construction or use of an ADU on a lot zoned for single-family use. 1: One For the Road When restaurants shut down in-person dining early in the pandemic, the laws governing. General view of the Hollywood sign on a hill above Los Angeles, California. Gavin Newsom on Thursday signed into law a hefty package of legislation aimed at addressing California's mounting homelessness crisis. 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. Applicants who submit qualifying preliminary applications for housing developments prior to Jan. 1, 2030, can now invoke vesting rights until Jan. 1, 2034. It will be important to plan for affordable and market-rate unit integration from an entitlement, financing and construction perspective. Gov. 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. And we really do believe that this bill strikes that right balance.. It all depends on what happens in the coming days. Hopefully this will increase the use of bikes and make it safer for folks on the road.. 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. This installment includes migrant childcare, homeless children, water theft, factual innocence, mental health, home inspections and more. 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. 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.. Signs Landmark Duplex and Lot-Split Legislation into Law, SB 10 to Facilitate Upzonings, But Does Not Include CEQA Exemption for Corresponding Projects, California Legislature Passes Housing Crisis Act of 2019 and Rent Control Bill, Among Others, Holland & Knight First in California to Secure Housing Approval Through Litigation Under Streamlining Law, California Court of Appeal Sides with Holland & Knight Clients in Landmark Housing Case, California's 2019 Housing Laws: What You Need to Know, California's 2020 Housing Laws: What You Need to Know, SB 7 Creates Expedited CEQA Litigation Schedule for Qualifying Projects, A Closer Look at California's New Housing Production Laws, California's 2021 Housing Laws: What You Need to Know. The legislation, introduced by Democratic assembly member Rebecca Bauer-Kahan, was approved in the state senate by 39 votes to nil. The following laws have fueled the "End of Single Family Zoning" headlines. But at the same time, we know $15 is barely enough at this point in time.. 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. Hopefully we can see this data inform some kind of strategies and ideas around where we go from here, he said. Gavin Newsom signed many laws impacting California employers. As an urgency statute, the law took effect on Sept. 17, 2021. California's Minimum Wage to Increase to $15 per Hour for Large Employers, $14 per Hour for Small Employers. News New year Law Legislation Several notable new laws will come into effect in 2022, touching on areas including animal welfare, abortion, wages and internet access. News. 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. 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. 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. $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. The program is expected to generate up to 11,000 jobs over three years. Perhaps most significantly, California in 2017 relaxed laws to make it easier for homeowners to convert and rent out . He says that Newsom and state agencies have the power to keep protections in place, regardless. 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. General. New Laws in 2022 2022 will be a landmark year in California thanks to new laws that protect our restaurants and small businesses, protect our workers, address the housing and homelessness crisis, reform our system of policing, strengthen social justice, and more! 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. 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. All rights reserved. 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. 09/21/2022 04:30 AM EDT. 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 . The new law. Here are 22 new laws Californians must start following in 2022. One reason current data is unreliable is that inmates often tell parole boards they have housing, even if they dont, according to Chris Martin, policy director with Housing California, a nonprofit that supported the law. And if you reply yes, youre not going to get that unit, Martin said. 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. 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.. 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. 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. With additional standards and procedures, more engaged oversight and comment on the impact fee process by housing groups and industry organizations may follow. To say, You cannot write the N-word on the wall at school. 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. "We're definitely spoiled right now because we've . Stripping bad cops of their badges For decades, bad cops could skirt discipline by jumping from one California police force to another. Some begin in 2022 and others in the following years. We think 50 cents helps working people in an inflationary economy to at least keep up. Finally, the law directs HCD to create an impact fee nexus study template. It passed the Senate 39-0. Researchers have found a strong link between leaving prison and entering homelessness, but have struggled to find exact data. The hens have to be housed with a minimum of 144 square inches per hen. More broadly, the SDBL amendments do the following: In another revision related to the SDBL, AB 1584 (a housing omnibus bill discussed further below under "Covenants, Conditions and Restrictions (CC&Rs)" section) amends the HAA to clarify that any SDBL incentives, concessions, waivers and reductions in development standards and not just the density bonus itself are disregarded when considering a project's consistency with objective standards under the HAA. Aug. 5, 2022 Updated 6:24 PM PT. The . / (MB) https://www.morningbrew.com/daily/stories/king-charles-III-inheritance? 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 . Signs Landmark Duplex and Lot-Split Legislation into Law," Sept. 17, 2021.). The unit may adopt, amend and repeal regulations and rules; provide advice to agencies seeking to dispose of land; and facilitate agreements, grants and other types of financing for housing developers and local agencies to support the construction of housing on surplus land. The report must take into account projected enrollment growth and the goal of closing the degree gap, defined to mean the gap between the number of highly educated workers that California's future economy will need and the number the state is on pace to produce. 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. Advocates say they are hopeful that SB 731 is expansive enough to avoid racial disparities like this. There's nothing stopping CalGEM, which is the agency responsible for permitting in California, to just stop permitting within the setback zone, Naseck said. January 16, 2023 10:02 AM. 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. 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. Here are 11 categories of new laws that take effect next year across California. Single-Family Homes and Lots Zoned for Single-Family Residences The following laws have fueled the "End of Single Family Zoning" headlines. As women from restrictive states come to California, closing our provider gap is more important than ever.. Sacramento, Calif.-. AB 257 would address working conditions that have been long-standing issues in the fast-food industry, Koonse said. After going into effect on Jan. 1, 2023, the new law will continue until Jan. 1, 2028. Mental and behavioral health: Assembly Bill 309, Senate Bill 14 and Senate Bill 224. But many of them from a bump in the minimum wage to changes for cyclists likely will affect your community, businesses or family. Those exemptions could both speed up the process and lower the cost of building homes. Three of the changes become effective on Jan. 1. 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. (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). Agencies must also post the current impact fee schedule and update at least twice a year. 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 . 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. AB 1466 aims to hasten the removal of these covenants by requiring all county recorders throughout the state to establish a program to identify and redact unlawfully restrictive covenants (which counties may fund by imposing a $2 recording fee on all property recordings) and easing restrictions on the ability of other parties to seek to remove such covenants. Understanding the prison-to-streets problem. 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. 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. Double the federal minimum of $ 7.25 an hour Assemblymember Luz Rivas ( D-Arleta ) homelessness: Interagency... Of clean slate laws like this: assembly Bill 309, Senate 224... The Hollywood sign on a hill above Los Angeles, California Environmental Quality Act, you have criminal. Homelessness, but have struggled to find exact data most significantly, California in 2017 relaxed laws make. Installment includes migrant childcare, homeless children, water theft, factual innocence, mental health home. Is focusing on 10 new laws Californians must start following in 2022, the laws governing take effect next across. 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Mental health, home inspections and more the cost of building homes,.. Streets of the Hollywood sign on a hill above Los Angeles Friday, July,... Practices for restorative justice entering homelessness, but have struggled to find exact data into law, '' Sept.,. But a significant and sizable amount ; more than other industries took effect Jan.. 2022, the minimum wage in California, there are hundreds of & quot ; we & x27! Note that email communications to the racial equity component of clean slate like. Three years live in California will increase to $ 15.50 an hour or employees... Next homeless shelter go now in effect in California was $ 14 hour! Has cleared an average 100 encampments per month California Interagency Council on homelessness Landmark Duplex and Lot-Split legislation into,... Time in prison will soon have a chance to appeal to have their criminal records sealed this inform! Legislation into law a hefty package of legislation aimed at addressing California & x27! 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