BILL NUMBER: AB 840	ENROLLED
	BILL TEXT

	PASSED THE SENATE  JUNE 23, 2011
	PASSED THE ASSEMBLY  MAY 19, 2011

INTRODUCED BY   Assembly Member Torres

                        FEBRUARY 17, 2011

   An act to amend Section 17021.6 of the Health and Safety Code,
relating to employee housing.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 840, Torres. Employee Housing Act: agricultural land use.
   The Employee Housing Act requires a person operating employee
housing to obtain a permit to operate that housing from the agency
that enforces the act, which can either be the Department of Housing
and Community Development or a city, county, or city and county that
assumes responsibility for enforcing the act. The act designates any
employee housing consisting of no more than 36 beds in a group
quarters or 12 units or spaces designed for use by a single family or
household as an agricultural land use.
   This bill would make technical, nonsubstantive changes to these
provisions of law.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 17021.6 of the Health and Safety Code is
amended to read:
   17021.6.  (a) The owner of any employee housing who has qualified
or intends to qualify for a permit to operate pursuant to this part
may invoke this section.
   (b) Any employee housing consisting of no more than 36 beds in a
group quarters or 12 units or spaces designed for use by a single
family or household shall be deemed an agricultural land use for the
purposes of this section. For the purpose of all local ordinances,
employee housing shall not be deemed a use that implies that the
employee housing is an activity that differs in any other way from an
agricultural use. No conditional use permit, zoning variance, or
other zoning clearance shall be required of this employee housing
that is not required of any other agricultural activity in the same
zone. The permitted occupancy in employee housing in a zone allowing
agricultural uses shall include agricultural employees who do not
work on the property where the employee housing is located.
   (c) Except as otherwise provided in this part, employee housing
consisting of no more than 36 beds in a group quarters or 12 units or
spaces designed for use by a single family or household shall not be
subject to any business taxes, local registration fees, use permit
fees, or other fees to which other agricultural activities in the
same zone are not likewise subject. This subdivision does not forbid
the imposition of local property taxes, fees for water services and
garbage collection, fees for normal inspections, local bond
assessments, and other fees, charges, and assessments to which other
agricultural activities in the same zone are likewise subject.
Neither the State Fire Marshal nor any local public entity shall
charge any fee to the owner, operator, or any resident for enforcing
fire inspection regulation pursuant to state law or regulations or
local ordinance, with respect to employee housing consisting of no
more than 36 beds in a group quarters or 12 units or spaces designed
for use by a single family or household.
   (d) For the purposes of any contract, deed, or covenant for the
transfer of real property, employee housing consisting of no more
than 36 beds in a group quarters or 12 units or spaces designed for
use by a single family or household shall be considered an
agricultural use of property, notwithstanding any disclaimers to the
contrary. For purposes of this section, "employee housing" includes
employee housing defined in subdivision (b) of Section 17008, even if
the housing accommodations or property are not located in a rural
area, as defined by Section 50101.
   (e) The Legislature hereby declares that it is the policy of this
state that each county and city shall permit and encourage the
development and use of sufficient numbers and types of employee
housing facilities as are commensurate with local need. This section
shall apply equally to any charter city, general law city, county,
city and county, district, and any other local public entity.
   (f) If any owner who invokes the provisions of this section fails
to maintain a permit to operate pursuant to this part throughout the
first 10 consecutive years following the issuance of the original
certificate of occupancy, both of the following shall occur:
   (1) The enforcement agency shall notify the appropriate local
government entity.
   (2) The public agency that has waived any taxes, fees,
assessments, or charges for employee housing pursuant to this section
may recover the amount of those taxes, fees, assessments, or charges
from the landowner, less 10 percent of that amount for each year
that a valid permit has been maintained.
   (g) Subdivision (f) shall not apply to an owner of any
prospective, planned, or unfinished employee housing facility who has
applied to the appropriate state and local public entities for a
permit to construct or operate pursuant to this part prior to January
1, 1996.