The Fate Of 2022 Legislative Session Bills

By Jennifer Wada, Esq.

The deadline for the governor to sign or veto legislation was September 30th. Governor Newsom signed 997 bills into law and vetoed 169. This is a quick update on the fate of the bills that were reported on in the fall edition.

Assembly Bill 1410 (Rodriguez)

This main CID bill makes it unlawful for governing documents to prohibit a member or resident of a CID from using social media or other online resources to discuss association issues.

It also prohibits associations from preventing owners from having roommates in owneroccupied properties and clarifies that such roommates cannot violate any provision of the governing documents in the separate interest or common areas, including, but not limited to, parking restrictions and guest access to common facilities.

Lastly, the bill prohibits associations from taking any enforcement actions against an owner during a declared emergency, except for those relating to a homeowner’s nonpayment of assessments, if the emergency made it unsafe or impossible to either prevent or fix the violation.

This bill was signed by the governor.

The governor also acted on other bills of interest that were passed by the legislature:

AB 2097 (Friedman)

AB-2097 prohibits public agencies from imposing minimum automobile parking requirements on specified residential, commercial, and other developments located within one-half mile of public transit.

This bill was signed by the governor.

AB 2011 (Wicks)

This bill enacts the “Affordable Housing and High Road Jobs Act of 2022” to create a ministerial, streamlined approval process for 100% affordable housing projects in commercial zones and for mixed-income housing projects along commercial corridors.

The bill would also impose specified labor standards on those projects, including requirements that contractors pay prevailing wages, participate in apprenticeship programs, and make specified healthcare expenditures.

This bill was signed by the governor.

AB 2221 (Quirk-Silva)

AB-2221 clarifies ambiguities in existing law to accelerate ADU development.

This bill was signed by the governor.

SCA 2 (Allen)

This bill places a repeal measure on the 2024 ballot that, if passed, would repeal Article 34 of the California Constitution that was passed in 1950. Article 34 requires development, construction, or acquisition of publicly funded low-rent housing projects to be approved by a majority of voters in a city or county. SCA-2 is intended to prevent wealthy neighborhoods from vetoing affordable housing.

This bill was signed by the governor.

SB 6 (Caballero)

SB-6 enacts, until January 1, 2033, the Middle Class Housing Act of 2022, which establishes housing as an allowable use on any parcel zoned for office or retail uses.

This bill was signed by the governor.

The legislature reconvenes on December 5th to commence the 2023-24 regular session. The governor has also called for a special session at that time for the legislature to consider a tax on oil industry profits.

While bills can be introduced as of December 5th, the large majority won’t be introduced until January. Legislators and interest groups are already working on proposals for introduction in 2023.

For the management and CID industry, we anticipate legislation in the areas of CID infrastructure and attempts to expand virtual meetings beyond states of emergencies. It is almost certain that there will be more attempts to regulate associations, and we will be monitoring and advocating for the interests of managers.

Jennifer Wada, Esq.