CFRW Legislative Update

By the CFRW Legislative Analysts Committee

First, an update on the Governor’s Reparation Commission. They are scheduled for their report back to the Legislature in July 2023. Why this date? Then the implementation of their recommendations could be accomplished with the budget trailer bills as a budget item. This avoids the assigning of bills to be reviewed through the legislative process. Interesting timing.

SB-6 - Local Planning: Housing: Commercial Zones – This bill, the Middle Class Housing Act of 2022, will deem a housing development project, an allowable use on a parcel that is within a zone where office, retail, or parking are a principally permitted use, if conditions are met, including requirements relating to density, public notice, comment, hearing or other procedures, site location and size, consistency with sustainable community strategy or alternative plans, prevailing wage, and a skilled and trained workforce.

This bill would authorize an interested party, including a labor organization that represents workers in the geographic area of the project, to bring an action for injunctive relief against a developer or prime contractor that proceeds with a project in violation of specified bidding requirements. This bill, which is part of the Planning and Zoning Law, prohibits a local agency from disapproving or condition of approval in a manner that renders infeasible, a housing development project, as defined for purposes of the act, for very low, or moderate income households or an emergency shelter unless the local agency makes specified written findings based on a preponderance of evidence in the record.

The act states that it shall not be construed to prohibit a local agency from requiring housing development projects to comply with objective, quantifiable, written development standards, conditions, and policies appropriate to, and consistent with, meeting the jurisdiction’s share of the regional housing need. This act further provides that a housing development project or emergency shelter shall be deemed consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision if there is substantial evidence that would allow a reasonable person to conclude that the housing development project or emergency shelter is consistent, compliant, or in conformity.

This bill takes away local planning and zoning. SIGNED BY THE GOVERNOR

• AB 2604 - Long term care insurance - Existing law establishes the California Partnership for Long-Term Care Program, administered by the State Department of Health Care Services, to link private long-term care insurance policies and health care service plan contracts that cover long-term care with the In-Home Supportive Services Program and the Medi-Cal program. Existing law requires a long-term care insurance policy or a health care service plan contract to contain certain provisions certified by the department, including protection against loss of benefits due to inflation and a periodic record issued to the insured.
  
  Existing law requires an applicant to be offered one option that provides, at a minimum, protection against inflation that automatically increases benefit levels by 5% each year over the previous year, as specified, and at least one lower-cost option.
  
  This bill would require that lower-cost option to provide protection against inflation that automatically increases benefit levels by, at a minimum, either 3% each year over the previous year or a fixed amount each year equal to 5% of the original benefit levels, but would authorize a policy or certificate to be certified if it automatically increases benefit levels by 1% each year over the previous year if the policyholder or certificate holder meets specified criteria.
  
  The bill would require policyholders and certificate holders to be offered various options, if applicable, if a premium increases, including the option to reduce the daily benefit, as specified. The bill would also make conforming changes.
  
  APPROVED BY THE GOV. ON 9/25/22.
  To contact your U.S. Representatives, call the Capitol Switchboard at (202) 224-3121

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