How is Berkeley Impacted by New State Laws?
In 2022, the State Legislature introduced over 2,000 bills, with almost 1,000 ultimately being signed into law by Governor Gavin Newsom. Below are some of the highlights of new laws that could have local impacts, or build upon the work already being done in Berkeley.
Housing and Land Use
AB 2011 and SB 6 are key measures that will advance the creation of affordable housing. These bills allow for housing development in areas zoned for commercial (such as retail, office, and parking) and further promotes the development along transit corridors. Additionally, these bills provide stronger labor standards similar to what has been proposed locally through Berkeley’s HARD HATS Ordinance.
AB 2097 prohibits public agencies from requiring parking minimums of developments located within a half mile of public transit. Last year, the City Council passed a similar policy after research found that around half of off-street parking in housing projects are vacant. Policies like this incentivize the use of alternative, environmentally friendly forms of transportation while making it cheaper to build affordable housing. For example, the Berkeley Way Hope Center, which provides 142 units of housing on a former city parking lot, was able to become the largest affordable housing development in Berkeley’s history due, in part, to eliminating parking.
SCA 2 would repeal Article XXXIV of the California Constitution. Article XXXIV, approved via California’s Prop 10 in 1950 by a margin of 50.8% - 49.2%, prohibits the construction of low-rent housing unless a local jurisdiction votes in favor. Berkeley is required to put this on the local ballot every few elections, including this year’s Measure N. This requires a vote of the people through a State Proposition, which will happen on the March 5, 2024 Primary Election.
SB 649 allows local tenant preferences in affordable housing developments. While the City of Berkeley has looked into such policies, without SB 649, projects would be at risk of losing funding as they could be in violation of fair housing laws. This law will help reduce gentrification and displacement by making it easier for low-income families to remain in their communities - providing first opportunities to current residents.
Climate Change
SB 1020 expands upon previous bills of setting a target of California receiving its electricity from 100% renewable sources by 2045. It adds renewable energy and zero-carbon sources to supply 90% of electricity by 2035 and 95% by 2040. Berkeley achieved this goal in 2022, when we switched to Renewable 100. This program, run through East Bay Community Energy, provides Berkeley with electricity exclusively sourced from solar and wind power.
AB 1757 aims to reduce greenhouse gas emissions through natural carbon sequestration. Options include planting trees, restoring wetlands, and related urban forestry projects. The City is currently undertaking a massive tree planting project. The Trees Make Life Better Program is currently planting over 1,000 trees over the next year throughout South and West Berkeley, areas identified as having fewer trees compared to the rest of the City.
SB 379, the Solar Access Act, requires most jurisdictions in California to provide instant online permitting for solar systems. Last year, US Energy Secretary Jennifer Granholm visited Berkeley to launch the SolarAPP+ program, a free platform that allows jurisdictions to automate solar permitting. Berkeley is one of dozens of Bay Area cities that have or are currently implementing this program, and now every California city with populations over 5,000 and county of over 150,000 people will soon follow suit.
SB 922 will extend existing CEQA exemptions for transportation projects such as bus rapid transit, pedestrian and bicycle facilities, and zero-emission charging stations through the end of 2029. Previously, most of these exemptions would have expired at the end of 2023. This will help support Berkeley’s implementation of its Bicycle Plan and Pedestrian Plan, in addition to our Climate Action Plan and Vision Zero.
Mental Health and Public Safety
SB 1338, the Community Assistance, Recovery, and Empowerment (CARE) Court Program, is a new framework to support people with mental health and substance use disorders. It helps connect such individuals who may not have the capacity to support themselves with a Care Plan that is managed by a local team to provide individualized interventions, supportive services, and a housing plan if needed. CARE Court focuses on those on the schizophrenia spectrum and related psychotic disorders who lack medical decision-making capacity without having to resort to conservatorships or incarceration. This program will help address those experiencing homelessness who are most in need while advancing mental health programs throughout the State.
AB 2147 decriminalizes safe walking patterns such as crossing a street outside of an intersection when there is no immediate hazard present. Jaywalking laws can be traced back to the early days of the automotive industry, when the number of pedestrians being killed resulted in local cities passing laws against cars. Instead, lobbyists used jaywalking laws to place the blame on pedestrians, and these laws have been disproportionately used against people of color. Pedestrians will still be responsible for taking due care for their safety, but it prevents the use of arbitrary citations against pedestrians.