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. As such, this law strengthens the enforcement tools that may be used against noncompliant jurisdictions. 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. So, safety, harassment, violence, retaliation, wage theft. The . Labor Commissioner Revokes Garment Manufacturer's License for Labor Law Violations and Informs Employers of New Law for 2022. Three of the changes become effective on Jan. 1. Newsweek has gone through the new legislation to highlight some of the most notable. One year later, California has cleared an average of 100 encampments per month with a total of 1,262 cleared sites, removing 1,213 tons of trash enough to fill 22 Olympic-size swimming pools. 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. Local agencies are required to update their Housing Element every eight years (or four years if HCD determines it is noncompliant). Many of these wont necessarily intersect with your everyday existence. Here is a sampling of 44 new laws set to hit the State of California. 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 . California Gov. 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. 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. This accelerated rezoning requirement, combined with other recent laws requiring agencies to make more realistic housing production assumptions and meet ever-increasing housing targets, present an important opportunity for by right processing within jurisdictions that do not meet housing targets. It also requires the agency to report on student housing projects receiving density bonuses as part of a housing element annual report. Those with violent or serious felonies in their backgrounds wouldnt get their records automatically sealed, but would be able to petition a court to have them sealed. AB 838. 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 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. 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. 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). AB 1304 further reforms these requirements by clarifying that public agencies have a mandatory duty to comply with AFFH requirements by requiring housing element site inventories to identify sites needed to meet the AFFH requirement and analyze the relationship of those sites to the locality's AFFH duty, and providing other further specific guidance about how housing elements must analyze AFFH policies and goals. Those exemptions could both speed up the process and lower the cost of building homes. The report details how more and more city ordinancesand the overzealous enforcement of themare targeting this population. SB 35 of 2017 provides for streamlined ministerial approval of qualifying infill affordable housing developments. The first installment in our series helping you keep up to date tracking the latest laws passed by the California legislature up in Sacramento. From healthcare to marriage to law enforcement, these new rules affect the daily lives of everyone in the state. Similar provisions have previously been included in locally adopted inclusionary housing requirements. The seven new projects will provide 387 housing units for people experiencing or at risk of experiencing homelessness. AB 257 would address working conditions that have been long-standing issues in the fast-food industry, Koonse said. Deputies responded around 3:30 a.m. to reports of multiple shots fired at the residence . Among the coalition drafting the bill was the Anti-Defamation League. The Democrats currently hold veto-proof super majorities in both houses. 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. 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. 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. 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. It also allows for housing on that land, and exempts such projects from local approval processes and the California Environmental Quality Act. 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. 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. 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. (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.). Large jurisdictions are required to adopt a capital improvement plan as part of the nexus study. 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. 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. 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. of Labor found more than 2,800 minors who were employed in violation of the law in 2021. 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. The . By Ariel Gans. Empty bottles for takeout cocktails line the bar at North Light restaurant in Oakland on Aug. 14, 2020. In addition to the investments addressing homelessness and housing affordability, the California Comeback Plan includes $1.1 billion to clean up the streets of California by partnering with local governments to pick up trash and beautify downtowns, freeways and neighborhoods across California. The new laws listed below become effective January 1, 2022 unless otherwise noted. The new law. Senate Bill 1375, reproductive access. The hens have to be housed with a minimum of 144 square inches per hen. That's about to change. a referendum effort fueled by oil and gas companies was launched to undo it. The legislation, introduced by Democratic assembly member Rebecca Bauer-Kahan, was approved in the state senate by 39 votes to nil. (See Holland & Knight's previous alert, "California's 2019 Housing Laws: What You Need to Know," Oct. 8, 2018.) January 2023. 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. 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. California's New Laws for 2022, Explained. 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. One of the most important recent housing laws is SB 330, also known as the Housing Crisis Act of 2019 (HCA), which 1) limits a locality's ability to prolong the housing approval process, 2) gives housing applicants an opportunity to invoke vesting rights against later-adopted changes to local ordinances, 3) limits cities' ability to impose or enforce housing caps and development moratoria and 4) requires developers who demolish existing housing to provide replacement housing and relocation benefits. 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. The Governor today signed a package of bills to increase coordination and accountability of the states homelessness spending, including AB 1220 by Assemblymember Luz Rivas (D-Arleta) which reforms the former Homeless Coordinating and Financing Council, renaming it the California Interagency Council on Homelessness, and bolsters the Councils powers through new data mandates and oversight authorities. 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! Also, where should Fresno's next homeless shelter go? Some begin in 2022 and others in the following years. 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. 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. One very notable trend in this year's session was new laws that take aim at existing recorded CC&Rs: rules and limitations on the use of property which are usually imposed by a developer or a homeowners association, attached to the title of a property, memorialized in documents recorded by the county recorder and binding as private contracts upon later purchasers of property. One law at the. AB 362 by Assemblymember Sharon Quirk-Silva (D-Fullerton) Homeless shelters: safety regulations. 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. New. 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. Previously, they were simply required to maintain a distance of at least three feet. Information contained in this alert is for the general education and knowledge of our readers. Your support is vital to JPR's ability to cover regional issues, and bring you fact-based news. The statewide California minimum wage will rise to $15.50 per hour for all employer sizes. Deb Banks, executive director of the Sacramento Area Bicycle Advocates, said it will allow bikers to cross the street at pedestrian signals instead of only at green traffic lights. 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 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. "We're definitely spoiled right now because we've . AFFH means, among other things, "taking meaningful actions that overcome patterns of segregation and foster inclusive communities" and "address significant disparities in housing needs and in access to opportunity." 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. Tia Koonse is the legal and policy research manager at the UCLA Labor Center and says pay is just one part of the plan. Advocates say the bill will make biking safer. Related: Marijuana: 5 things to watch for in California in 2022. Its harming not only themselves, but their families, the economy, their community.. 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. 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. 09/21/2022 04:30 AM EDT. SB 224 requires mental health instruction to be included in . One new law would task the California Department of Education with developing evidence-based best practices for restorative justice. California Environmental Quality Act (CEQA) Litigation Except where urgency statutes are specifically noted, the new laws take effect Jan. 1, 2022. Sacramento, Calif.-. Copyright 19962023 Holland & Knight LLP. California will establish a new court program to steer and even force homeless people with severe mental . Here are 11 categories of new laws that take effect next year across California. Mental and behavioral health: Assembly Bill 309, Senate Bill 14 and Senate Bill 224. Previously, an agency had three years to rezone. The bill requires that the CC&Rs for the development set forth the limitations on occupancy, residency and use consistent with the bill. 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. Ian Cull has the details. Climate and Environment Dozens of climate-related bills were signed into. 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. As previously described, the Legislature in 2018 required public agencies to administer their public programs, and in particular their housing elements, "in a manner to affirmatively further fair housing [AFFH]." Recent polls suggest Americans do not want to see another Donald Trump vs Biden contest. 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. They get kept in prison.. Members of the California Independent Petroleum Association spent millions on signature-gathering efforts to get the referendum on the ballot. The phenomenon is particularly evident in Los Angeles County, where about half of the state's at least 49,000 chronically homeless people live. Coalition drafting the Bill was the Anti-Defamation League local approval processes and the California legislature up in.. 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