BILL NUMBER: SB 1545	AMENDED
	BILL TEXT

	AMENDED IN SENATE   APRIL 27, 2000

INTRODUCED BY   Senator Costa

                        FEBRUARY 17, 2000

   An act to amend  Sections 17021.5, 17021.6, and 
 Section  17055 of the Health and Safety Code, relating to
housing.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1545, as amended, Costa.  Housing:  employee housing. 
   (1) Under the Employee Housing Act, certain accommodations meeting
the definition of employee housing are exempt from specified local
land use ordinances or regulations.  The act provides that the owner
of any employee housing who has qualified, or is intended to qualify,
for a permit to operate under the act is eligible to be exempt from
these land use ordinances or regulations.
   This bill would instead provide with respect to owners of employee
housing providing accommodations for 12 or fewer employees, as
specified, that only owners of any new employee housing constructed
on or after January 1, 1993, are eligible to be exempt from these
local land use ordinances or regulations.
   (2) Under existing law  
   Under the Employee Housing Act  , if a complainant alleges,
and the court finds, that residents of the employee housing were in
imminent peril as a result of serious violations of the act, the
complainant is not required to wait more than 5 days for the
enforcement agency to bring the civil action and the complainant is
authorized to do so after 5 days and is entitled to all rights and
remedies pursuant to the act.
   This bill would delete the 5-day waiting period.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  no.
State-mandated local program:  no.


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

  
  SECTION 1.  Section 17021.5 of the Health and Safety Code is
amended to read:
   17021.5.  (a) Any new employee housing constructed on or after
January 1, 1993, which has qualified, or is intended to qualify, for
a permit to operate pursuant to this part may invoke the provisions
of this section.
   (b) Any employee housing providing accommodations for six or fewer
employees shall be deemed a single-family structure with a
residential land use designation for the purposes of this section.
For the purpose of all local ordinances, employee housing shall not
be included within the definition of a boarding house, rooming house,
hotel, dormitory, or other similar term that implies that the
employee housing is a business run for profit or differs in any other
way from a family dwelling.  No conditional use permit, zoning
variance, or other zoning clearance shall be required of employee
housing that serves six or fewer employees that is not required of a
family dwelling of the same type in the same zone.  Use of a family
dwelling for purposes of employee housing serving six or fewer
persons shall not constitute a change of occupancy for purposes of
Part 1.5 (commencing with Section 17910) or local building codes.
   (c) Except as otherwise provided in this part, employee housing
that serves six or fewer employees shall not be subject to any
business taxes, local registration fees, use permit fees, or other
fees to which other family dwellings of the same type in the same
zone are not likewise subject.  Nothing in this subdivision shall be
construed to 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 family dwellings of the same type 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 regulations pursuant to state
law or regulation or local ordinance, with respect to employee
housing which serves six or fewer persons.
   (d) For the purposes of any contract, deed, or covenant for the
transfer of real property, employee housing which serves six or fewer
employees shall be considered a residential use of property and a
use of property by a single household, 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 needs.  This
section shall apply equally to any charter city, general law city,
county, city and county, district and any other local public entity.

  SEC. 2.  Section 17021.6 of the Health and Safety Code is amended
to read:
   17021.6.  (a) The owner of any new employee housing constructed on
or after January 1, 1993, who has qualified, or is intended to
qualify, for a permit to operate pursuant to this part may invoke the
provisions of this section.
   (b) Any employee housing providing accommodations for 12 or fewer
employees shall be deemed an agricultural land use designation 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 employee
housing that serves 12 or fewer employees that is not required of any
other agricultural activity in the same zone.  The permitted
occupancy in employee housing in an agricultural zone 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
that serves 12 or fewer employees 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.  Nothing in this subdivision shall be construed to
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 regulation or
local ordinance, with respect to employee housing that serves 12 or
fewer persons.
   (d) For the purposes of any contract, deed, or covenant for the
transfer of real property, employee housing which serves 12 or fewer
employees 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.  For
the purposes of this section, "12 or fewer employees" does not
include the family members of any employee.
   (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.
  SEC. 3.   
  SECTION 1.   Section 17055 of the Health and Safety Code is
amended to read:
   17055.  (a) Any person residing in employee housing subject to
this part may file an administrative complaint orally or in writing
with the enforcement agency.  The enforcement agency shall deliver a
summary or copy of the complaint, by mail or in person, to the owner
or operator, at the time of filing the complaint.
   (b) If a civil action under this part has not been filed by the
enforcement agency within 34 days after receipt of the complaint, or
within 34 days after the administrative complaint has been denied,
and if the agency determines that the conditions alleged in the
complaint continue to exist, the complainant may bring a civil action
for injunctive or declaratory relief and appropriate statutory
damages, civil penalties, actual damages, penalties, and other
remedies which arise from any violation of this part, building
standards published in the State Building Standards Code relating to
employee housing, regulations adopted pursuant to this part, or
conditions of the permit.
   (c) In any civil action under this section, if the enforcement
agency certifies that the employee housing is in compliance with this
part, building standards published in the State Building Standards
Code relating to employee housing, regulations adopted pursuant to
this part, and conditions of the permit, no injunctive relief related
to mandatory repairs shall be granted with respect to any alleged
violation covered by the certificate.
   (d) In any civil action brought by a private person or entity
under this section, the private person or entity may be granted
reasonable attorney's fees and costs, in addition to any other remedy
granted, if the private person or entity prevails, and if the trier
of fact finds that the violations involve retaliation or are so
extensive and of such a nature that the immediate health and safety
of residents or the public is endangered or has been endangered.
   (e) If a complainant alleges, and the court finds, that residents
of the employee housing were in imminent peril as a result of serious
violations of this part, the complainant is not required to wait for
the enforcement agency to bring the civil action.