new homeless laws in california 2022
California is investing billions of dollars to house thousands of people and clean up our communities and streets. The SDBL continues to be the most commonly used tool to increase housing density and production. 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. 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. They get kept in prison.. Similar provisions have previously been included in locally adopted inclusionary housing requirements. 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. 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. Supporters of the new law say serving prison time can change the trajectory of a persons life permanently and unfairly. As an urgency statute, this law took effect on May 20, 2021. 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." 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 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. 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. And we really do believe that this bill strikes that right balance.. In order to qualify, the conversion 1) must occur beginning Jan. 1, 2022, 2) units may not be previously affordable to very low-, low- or moderate-income households, 3) must be subject to a 55-year recorded agreement and 4) the initial post-conversion rent for the unit must be at least 10 percent less than the average monthly rent charged during the 12 months prior to conversion. 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. The first installment in our series helping you keep up to date tracking the latest laws passed by the California legislature up in Sacramento. Newsweek has gone through the new. Gavin Newsom signed nearly 1,000 bills into law. 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. Urban Footprints analysis estimates that 108,000 acres of land would be newly open for home construction, with the potential for between 1.5 and 2.5 million homes, 200,000 to 300,000 of which would not require a government subsidy. Hopefully this will increase the use of bikes and make it safer for folks on the road.. Gov. Together, theyll set the minimum wage for fast-food workers with an upper limit of $22 an hour. Assembly Bill 257, the FAST Recovery Act. Part 5 in New California laws for 2022 includes homeless shelters, public officials, DMV records, local government, debt collections, local board of supervisors and more. They all needed to be treated equally, Bauer-Kahan said. Some begin in 2022 and others in the following years. $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. Senate Bill 1375, reproductive access. 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. (See Holland and Knight's previous alert, "SB 7 Creates Expedited CEQA Litigation Schedule for Qualifying Projects," May 28, 2021.) But now, the law could be put on hold. 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. Large jurisdictions are required to adopt a capital improvement plan as part of the nexus study. 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 . 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. California's facing a potentially catastrophic shortage of providers, especially in communities of color and rural areas, a problem that is only expected to get worse in the next decade, Atkins said. (See Holland & Knight's previous annual recaps of California Housing Laws in the final section below.) Companies employing more than 15 people will also be required to include pay scales in job postings. 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. 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. The Californian minimum wage is set to increase to $15.50, thanks to the SB 3 (2016) legislation. AB 1174 further reforms the streamlined ministerial approval statute by addressing the process for modifying the project after an SB 35 permit is issued. 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. 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. California will establish a new court program to steer and even force homeless people with severe mental . Governor Newsom is especially focused on rebuilding the states portfolio of housing and treatment options for people with severe behavioral health challenges. Those exemptions could both speed up the process and lower the cost of building homes. Join half a million readers enjoying Newsweek's free newsletters. 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. Sacramento, Calif.-. Several laws focus on fair housing and equity, including a new law that requires all BMR homes within a development to be integrated with market-rate homes, adding a new "Acutely Low Income" Household category and adding fair housing criteria to state and local program eligibility. The budget. 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. Newsweek has gone through the new legislation to highlight some of the most notable. Ian Cull has the details. 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. 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. After going into effect on Jan. 1, 2023, the new law will continue until Jan. 1, 2028. READ MORE. As previously reported, SB 10 provides that if local agencies choose to adopt an ordinance to allow up to 10 dwelling units on any parcel within a transit-rich area or urban infill site, the rezoning will be exempt from environmental review pursuant to the California Environmental Quality Act (CEQA), but subsequent project approvals are not necessarily exempt, unless the local agency adopts a ministerial approval process or there is another exemption or local law that exempts the project. This new income band of acutely low-income households is likely to be targeted in future state or local funding programs and inclusionary zoning ordinances. This creates more ownership options for nonprofit housing organizations. "This is probably the best swell in the past 25 years," says longtime surfer Mitt Seely at Topanga Beach. AB 257 would address working conditions that have been long-standing issues in the fast-food industry, Koonse said. 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.. Only 623,212 verified signatures are needed to qualify the initiative and put the law on hold until voters weigh in. Click "accept" below to confirm that you have read and understand this notice. 3 Comments. 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). 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. AB 68 requires the HCD to develop and publish on its website in an annual report regarding land use oversight actions taken against local agencies related to housing for violations of the HCA, AFFH policies (AB 686), SB 35 streamlining, Permanent Supportive Housing streamlining (AB 2162) and Low Barrier Navigation Center streamlining (AB 101). SB 8 also enacts a series of reforms intended to provide that HCA provisions apply to both discretionary and ministerial approvals as well as to the construction of a single dwelling unit and makes a series of revisions to the already complex replacement housing and relocation requirements. It passed the Senate 39-0. Most affordable housing programs and laws target "lower income" households (which, in most counties, are generally households who earn less than 80 percent of Area Median Income [AMI]). SB 14 changes the Education Code to allow for absences due to mental and behavioral health to be counted as excused absences. It also requires the agency to report on student housing projects receiving density bonuses as part of a housing element annual report. Advocates say the bill will make biking safer. The new homelessness funding also includes $5.8 billion to add more than 35,000 new housing units through Homekey a national model for homeless housing. 1. (See Holland & Knight's previous alert, "California Legislature Passes Housing Crisis Act of 2019 and Rent Control Bill, Among Others," Sept. 12, 2019.) This coming legislative session, Weber hopes to introduce a new bill that would mandate all California schools to utilize the list of practices developed by the states education department, to ensure all students, regardless of where their school is located, are able to benefit. 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. AB 215 requires local agencies to make draft revisions of the housing element available for public comment for 30 days. Photo by Jeff Chiu, AP Photo. "We're definitely spoiled right now because we've . The Governor's 202223 budget proposes $2 billion onetime General Fund over two years that is intended to address nearterm homelessness needs while previously authorized funds for longterm housing solutions are implemented: $1.5 billion for behavioral health "bridge" housing and $500 million for the Encampment Resolution Grants Program. Jared Sanchez is a senior policy advocate at the California Bicycle Coalition, a nonprofit also known as CalBike. December 22, 2021 Annual Series on New California Laws Sacramento, Calif.- Part 22 in New California Laws for 2022. The SLA has been strengthened in recent years (with new penalty provisions) as a result of noncompliance in the past and to increase opportunities for affordable housing and other public purposes on underutilized public land. As an urgency statute, the law took effect on Sept. 17, 2021. All rights reserved. AB 1443 by Assemblymember Kevin McCarty (D-Sacramento) Mental health: involuntary treatment. 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. Sen. Bill Dodd's SB389 . FILE - Tents line the streets of the Skid Row area of Los Angeles Friday, July 22, 2022. 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. of Labor found more than 2,800 minors who were employed in violation of the law in 2021. Stripping bad cops of their badges For decades, bad cops could skirt discipline by jumping from one California police force to another. To add to our state's limited housing inventory, California's legislature passed several new laws in 2021, to take effect in 2022. This Holland & Knight alert takes a closer look at the laws that the Legislature passed and that Gov. But, opponents of the law want to stop it before it starts. There has been some research in the past that points to the racial equity component of clean slate laws like this one. Julie Leopo/EdSource. It will be important to plan for affordable and market-rate unit integration from an entitlement, financing and construction perspective. 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. Your support is vital to JPR's ability to cover regional issues, and bring you fact-based news. 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. 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. Jan. 1, 2022 5 AM PT. Gun rights activists have argued this legislation undermines the second amendment. 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. Assembly Bill 2282, hate crimes at . 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. Published: Feb 16, 2022 Seven new Homekey projects will provide 387 housing units SACRAMENTO - Governor Gavin Newsom today announced more than $116 million in funding for seven Homekey projects across the state. There are some new laws in California in 2023, including the minimum wage and jaywalking. 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." While larger companies hit the $15 per hour minimum wage in January 2022, smaller businesses had an extra year to meet the requirement. Hopefully we can see this data inform some kind of strategies and ideas around where we go from here, he said. Businesses with 26 or more employees will be required to pay a $15 minimum wage starting in 2022. California Labor Commissioner Launches Online Wage Claim Application. 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. California . It all depends on what happens in the coming days. Starting now, local governments must commit to quantifiable goals across six standardized metrics andmake progress towards meeting or exceeding them in order to receive their full share of HHAP funding. The Legislature also focused particular attention on issues of fair housing and equity, including a new law that requires all BMR homes within a development to be integrated and have the same access to common areas and amenities as non-BMR homes with apparent retroactive effect. (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.). SB 9 does not address covenants, conditions or restrictions that may prohibit multifamily development or lot splits. Most of them take effect on Jan. 1. Gavin Newsom on Thursday signed into law a hefty package of legislation aimed at addressing California's mounting homelessness crisis. 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. Members of the California Independent Petroleum Association spent millions on signature-gathering efforts to get the referendum on the ballot. The minimum wage has been gradually increasing under a 2016 law that brought workers hourly minimum pay from $10 to $15. 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. Assembly Bill 1909 makes four changes to laws affecting bicyclists, as well as drivers and pedestrians who share California roads. 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.". 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. That's about to change. The Affordable Housing and High Road Jobs Act identifies areas zoned for parking, retail or office buildings where land could be used for housing. "Alien" is removed from California State Code ( AB 1096) - strikes . How much is the British Crown worth? A 2017 study by the advocacy and policy organization the Guttmacher Institute found that more than 40% of counties in California dont have a clinic that provides abortions. 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). 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 . 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. AB 2282 introduces tougher punishment for those who use hateful symbols in schools as part of hate crimes. Governor Newsom Announces Homekey Grants for New Homeless Housing in Los Angeles and Sacramento Published: Feb 01, 2022 Roomkey and Homekey sheltered 58,000 unhoused Californians California Blueprint proposes $2 billion for total $14 billion homelessness package that will create 55,000 new housing units and treatment slots in the coming years FAR is a common mechanism in local zoning codes that limits the total floor area of a building in relation to the square footage of a lot. News. Gov. His Homekey initiative, the . The UC Berkeley Labor Centermaintains a list. California Environmental Quality Act (CEQA) Litigation Except where urgency statutes are specifically noted, the new laws take effect Jan. 1, 2022. Advocates say they are hopeful that SB 731 is expansive enough to avoid racial disparities like this. (See Holland & Knight's alert, "SB 10 to Facilitate Upzonings, But Does Not Include CEQA Exemption for Corresponding Projects," Sept. 20, 2021.). 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. . 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. People in California who have served time in prison will soon have a chance to appeal to have their criminal records sealed. 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. 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