Burke, Williams & Sorensen, LLP is ringing in the New Year with a look at four pieces of legislation that could impact local governments in 2023. These analyses were originally published in the Burke Public Law Update. Click “read more” for an in-depth analysis of each bill.

SB 6 - The Middle Class Housing Act of 2022

By Burke Senior Associate Leila Moshref-Danesh

SB 6, also known as the Middle Class Housing Act of 2022, deems a housing development project allowable in commercial zones without the need for rezoning. The bill goes into effect on July 1, 2023 and sunsets on January 1, 2033 unless extended, and is intended to serve as both a response to the increasing closure rate of brick-and-mortar commercial retailers as well as an additional measure to combat California’s ongoing housing challenges. Read more.

SB 1214 - New Limits on Use and Disclosure of Architectural Drawings by Public Agencies

By Burke partner Sergio A. Rudin

SB 1214 goes into effect on January 1, 2023, and adds Section 65103.5 to the Government Code. The purpose of the bill is to require a local planning agency to ensure that architectural drawings that contain information protected by copyright laws are only made available to the public in a manner that does not facilitate their copying.  Read more.

SB 1192 - State Law Allows Architectural and Engineer Consultants to Use Escrow Accounts for Retention

By Burke Senior Associate Mark M. Mercer

SB 1192 now allows Architectural & Engineer Consultants, including landscape architectural, environmental, and land surveying services, construction project management professionals, to substitute securities as an alternative to retention through use of an escrow account. Read more.

AB 2173 - State Permanently Limits Retention to 5% for Public Works Projects

By Burke Senior Associate Mark M. Mercer

AB 2173 permanently limits public agencies to withholding only 5% in retention from a general contractor’s public works contract. Previously, Public Contract Code sections 7201 and 10261’s 5% limit on retention for public works contract was set to expire on January 1, 2023. Read more.

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