The SDBL grants bonuses, concessions, waivers and parking reductions to projects with qualifying affordable housing. 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. SB 35 of 2017 provides for streamlined ministerial approval of qualifying infill affordable housing developments. 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. Yet California Democrats continue to handicap law enforcement's ability to enforce laws against homeless individuals to force them to get the mental health and substance abuse treatment they need. That's more than double the federal minimum of $7.25 an hour. You cannot racially target and terrorize people.. 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). AB 1174 further reforms the streamlined ministerial approval statute by addressing the process for modifying the project after an SB 35 permit is issued. 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. 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. Attorney Advertising. 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. READ MORE. 09/21/2022 04:30 AM EDT. 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. There are exceptions for certain conservation easements and covenants required to comply with state or federal law, but the law will nonetheless have significant effect on real estate throughout the state. In November, California voters approved Prop. New 2022 California Laws . 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. Newsweek has gone through the new legislation to highlight some of the most notable. Local agencies are required to update their Housing Element every eight years (or four years if HCD determines it is noncompliant). HOUR 1. That's about to change. $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. Jerry Brown signed 15 housing bills in 2017, and Newsom signed 18 in 2019.) In California, there are hundreds of "anti-homeless" laws. Its unacceptable, said Governor Newsom. Downtown Fresno may be a viable option according to one city leader. 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). 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. "California leads, and we do so by following our moral compass and staying true to our values," said Governor Newsom. The development must also be affordable to lower-income households. 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. 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. SB 400 by Senator Brian W. Jones (R-Santee) Homeless children and youths: local educational agencies: collaboration, training, and reporting. 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 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. The Democrats currently hold veto-proof super majorities in both houses. 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. They all needed to be treated equally, Bauer-Kahan said. To say, You cannot write the N-word on the wall at school. In 2022, the minimum wage in California was $14 an hour for employers with 25 or fewer employees and. 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. Although California Senate Bill (SB) 9 (by-right duplexes) and SB 10 (upzonings up to 10 units) received the most attention, other important laws promoting increased density were enacted, such as SB 290, which reforms the State Density Bonus Law (SDBL), and SB 478, which limits floor area ratio (FAR) and lot coverage standards that limit multifamily housing. ", 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 bill will require drivers to change lanes before passing a cyclist, if a lane is available. This installment includes migrant childcare, homeless children, water theft, factual innocence, mental health, home inspections and more. California is investing billions of dollars to house thousands of people and clean up our communities and streets. AB 1220 by Assemblymember Luz Rivas (D-Arleta) Homelessness: California Interagency Council on Homelessness. On Jan. 1, the minimum wage in California will increase to $15.50 an hour. Agencies must update nexus fee studies at least every eight years from the period beginning on Jan. 1, 2022. 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). But many of them from a bump in the minimum wage to changes for cyclists likely will affect your community, businesses or family. To highlight the successful state efforts, Governor Newsom joined Caltrans cleanup efforts at an encampment on I-10 in Los Angeles Thursday. 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. Do not send any privileged or confidential information to the firm through this website. We cant nibble around the edges of the homelessness crisis, we need to implement bold, transformative solutions investing more money than ever before to get folks off the street and provide the mental health and other services they need to stay off the streets, said Governor Newsom. AB 345 further facilitates ADUs by removing the requirement for a local agency to first pass an ordinance allowing the conveyance of an ADU separately from a primary residence (which can be an extended process) before such conveyance occurs and permits an ADU to be sold or conveyed separately from the primary residence to a qualified buyer (low- and moderate-income individuals and families as defined in California Health and Safety Code Section 50093) and if certain conditions are met, including that the primary residence or ADU was built by a qualified nonprofit corporation and that the property is held pursuant to a recorded tenancy in common agreement. Since September 2021, the state has cleared an average 100 encampments per month. 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. The legislation, introduced by Democratic assembly member Rebecca Bauer-Kahan, was approved in the state senate by 39 votes to nil. 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. AB 816 by Assemblymember David Chiu (D-San Francisco) Homelessness: Housing Trust Fund: housing projects. Agencies must also post the current impact fee schedule and update at least twice a year. He says that Newsom and state agencies have the power to keep protections in place, regardless. 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." 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. After going into effect on Jan. 1, 2023, the new law will continue until Jan. 1, 2028. / (MB) https://www.morningbrew.com/daily/stories/king-charles-III-inheritance? The SDBL continues to be the most commonly used tool to increase housing density and production. Assembly Bill 2282, hate crimes at . To that end, $3 billion of the homelessness investment is dedicated to housing for people with the most acute behavioral and physical health needs and will create approximately 22,000 new beds and treatment slots. Those with 100 or more employees will also have to send pay data to the state government, showing "the median and mean hourly rate for each combination of race, ethnicity, and sex within each job category. Sen. Bill Dodd's SB389 . 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. A Dec. 13 statement from CIPA said that the signatures were submitted to the state for verification. The Affordable Housing and High Road Jobs Act identifies areas zoned for parking, retail or office buildings where land could be used for housing. 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.". Senate Bill 1375, reproductive access. 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. The new law. The bill requires that the CC&Rs for the development set forth the limitations on occupancy, residency and use consistent with the bill. (See Holland and Knight's previous alert, "SB 7 Creates Expedited CEQA Litigation Schedule for Qualifying Projects," May 28, 2021.) DNA database laws changing in CA to avoid . A fourth part of the bill doesnt go into effect until 2024. January 2023. 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. Los Angeles County is seeking co-applicants for the funding. It passed the Senate 39-0. Atkins own AB 154, which passed in 2013 and permitted nurse practitioners to conduct first-trimester abortions under a doctors supervision. 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. A qualifying intergenerational housing development must have at least 80 percent of the units occupied by at least one senior citizen, defined as a person 55 years of age or older, and up to 20 percent of the units occupied by at least one caregiver or transition-age youth. The 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. Mental and behavioral health: Assembly Bill 309, Senate Bill 14 and Senate Bill 224. As in previous years, the California Legislature passed a large volume of laws related to housing in the 2021 legislative session. 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. Gavin Newsom signs a $123.9 billion package to support K-12 education. 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. 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. Gun rights activists have argued this legislation undermines the second amendment. Click "accept" below to confirm that you have read and understand this notice. 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. 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. California Gov. 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. Although there is nothing that specifically bans or restricts homelessness, cities in the Golden State have created nearly a. Affordable Housing and High Road Jobs Act. 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. 1: One For the Road When restaurants shut down in-person dining early in the pandemic, the laws governing. 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. Copyright 19962023 Holland & Knight LLP. Share with friendsIn this week's episode, we discuss a new California law that impacts the overtime hours for Californian farmworkers. 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. 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. 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. As an urgency statute, this law took effect on May 20, 2021. 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. Some begin in 2022 and others in the following years. 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. We think 50 cents helps working people in an inflationary economy to at least keep up. But this research was done on such laws that put more restrictions on who was eligible to apply. December 22, 2021 Annual Series on New California Laws Sacramento, Calif.- Part 22 in New California Laws for 2022. ", 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.". 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. Gavin Newsom on Thursday signed into law a hefty package of legislation aimed at addressing California's mounting homelessness crisis. Assembly Bill 257, the FAST Recovery Act. Supporters of the new law say serving prison time can change the trajectory of a persons life permanently and unfairly. Los Angeles Times. This is an urgency statute that went into effect Sept. 28, 2021, but requires HCD to adopt these policies as a part of the formal rulemaking process in order to take effect. The first installment in our series helping you keep up to date tracking the latest laws passed by the California legislature up in Sacramento. 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 . 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. Most of them take effect on Jan. 1. 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. The Legislature took little action to streamline the approval of housing developments other than to extend and revise previously enacted laws. 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. 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. 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 bill also prohibits cities from requiring bicycle licenses. 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. (See Holland & Knight's alert, "SB 10 to Facilitate Upzonings, But Does Not Include CEQA Exemption for Corresponding Projects," Sept. 20, 2021.). (For additional analysis, please see Holland & Knight's alert, "California Gov. Tia Koonse is the legal and policy research manager at the UCLA Labor Center and says pay is just one part of the plan. 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. Perhaps most significantly, California in 2017 relaxed laws to make it easier for homeowners to convert and rent out . He said the change improves upon the existing 3-foot law when passing a biker. Climate and Environment Dozens of climate-related bills were signed into. 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. New. 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