California Legislature—2013–14 Regular Session

Assembly Bill No. 1037

Introduced by Assembly Member V. Manuel Pérez

February 22, 2013

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

LEGISLATIVE COUNSEL’S DIGEST

AB 1037, as introduced, V. Manuel Pérez. 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 of spaces designed for use by a single family or household as an agricultural land use, and exempts that housing from specified land use regulations of a local government and specified taxes and fees.

This bill would designate as an agricultural land use any employee housing consisting of no more than 36 beds in a group quarters, 12 units or spaces designed for use by single families or households, or 48 units or spaces operated by a governmental or nonprofit agency and designed for use by single families or households.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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 begin delete quarters or end delete begin insert quarters, end insert 12 units or spaces designed for
use by begin delete a end delete single begin delete family or household end delete begin insert families or households, or 48
units or spaces operated by a governmental or nonprofit agency
and designed for use by single families or households end insert 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 begin delete quarters or end delete begin insert quarters, end insert
12 units or spaces designed for use by begin delete a end delete single begin delete family or household end delete
begin insert families or households, end insert begin insert or 48 units or spaces operated by a
governmental or nonprofit agency and designed for use by single
families or households end insert 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
begin delete quarters or end delete begin insert quarters, end insert 12 units or spaces designed for use by begin delete a end delete single
begin delete family or household end delete begin insert families or households, or 48 units or spaces
operated by a governmental or nonprofit agency and designed for
use by single families or households end insert .

(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 begin delete quarters or end delete begin insert quarters, end insert 12 units or spaces
designed for use by begin delete a end delete single begin delete family or household end delete begin insert families or
households, or 48 units or spaces operated by a governmental or
nonprofit agency and designed for use by single families or
households end insert 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.