BILL NUMBER: SB 1545 CHAPTERED
BILL TEXT
CHAPTER 702
FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2000
APPROVED BY GOVERNOR SEPTEMBER 25, 2000
PASSED THE SENATE AUGUST 31, 2000
PASSED THE ASSEMBLY AUGUST 30, 2000
AMENDED IN ASSEMBLY AUGUST 29, 2000
AMENDED IN ASSEMBLY AUGUST 18, 2000
AMENDED IN ASSEMBLY AUGUST 7, 2000
AMENDED IN ASSEMBLY JUNE 29, 2000
AMENDED IN ASSEMBLY JUNE 12, 2000
AMENDED IN SENATE APRIL 27, 2000
INTRODUCED BY Senator Costa
FEBRUARY 17, 2000
An act to amend Sections 17021 and 17055 of the Health and Safety
Code, relating to housing.
LEGISLATIVE COUNSEL'S DIGEST
SB 1545, Costa. Housing: employee housing.
(1) The Employee Housing Act reserves to local jurisdictions
specified planning and zoning requirements that include, among other
things, the source of water supply and method of sewage disposal,
except as specified.
This bill would impose specified processing requirements with
respect to a building permit, grading permit, or other approval from
a city or county building department for the rehabilitation of real
property improvements that are or will be employee housing for
agricultural employees, or from a city or county health department
for the operation, construction, or repair of a water system or waste
disposal system servicing employee housing for agricultural
employees. The bill would also require the local building or health
department to approve or deny a complete application or permit
request within 60 calendar days and would provide that if the
application or permit is not approved or denied within the 60-day
period, the Department of Housing and Community Development may
approve the application or permit request if it determines that the
plans are consistent with all applicable building codes and health
and safety requirements. It would also require the local building or
health department to inspect the plans and improvements prior to and
during rehabilitation and issue a certificate of completion if the
work is consistent with the plans and all applicable codes and health
and safety requirements.
Because the bill would increase the duties of local public
officials, it would impose a state-mandated local program.
(2) Under the Employee Housing Act, if a civil action has not been
filed by the enforcement agency within 34 days after receipt of the
complaint has been denied, 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.
This bill would provide instead that a complainant may bring a
civil action for injunctive relief if the enforcement agency has not
filed a civil action within 21 days after receipt of the complaint.
(3) 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.
(4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 17021 of the Health and Safety Code is amended
to read:
17021. (a) Except as provided in Sections 17021.5 and 17021.6,
local use zone requirements, local fire zones, property line, source
of water supply and method of sewage disposal requirements are hereby
specifically and entirely reserved to the local jurisdictions.
(b) Notwithstanding any other provision of law, with respect to a
building permit, grading permit, or other approval from a city or
county building department for the rehabilitation of real property
improvements that are or will be employee housing for agricultural
employees, or from a city or county health department for the
operation, construction, or repair of a water system or waste
disposal system servicing employee housing for agricultural
employees, all of the following processing requirements shall apply:
(1) The local building or health department shall have up to 60
calendar days to approve or deny a complete application or permit
request accompanied by applicable fees, or a shorter time period if
required by the Permit Streamlining Act (Chapter 4.5 (commencing with
Section 65920) of Division 1 of Title 7 of the Government Code). An
application or permit request may be denied on procedural grounds
only if the denial occurs within 30 calendar days and the denial
includes an itemization of the procedural defects. An application or
permit request may be denied on substantive grounds if the denial
includes an itemization of all substantive defects.
(2) If the application or permit request is not approved or denied
by the local building or health department within the period
prescribed by paragraph (1), then the Department of Housing and
Community Development may approve the application or permit request
if it determines that the plans are consistent with all applicable
building codes and health and safety requirements. At that time, the
applicant may initiate any work consistent with the application or
permit approved pursuant to this subdivision. Upon completion of the
work, any other state or local agency shall accept the improvements
as if they had been approved by the local building or health
department. However, if that other local agency identifies any
defects that would have resulted in that agency's disapproval of the
improvements or plans thereto, those defects may be identified by the
agency and shall be corrected by the applicant. The local building
or health department shall inspect the plans and improvements prior
to and during rehabilitation and issue a certificate of completion if
the work is consistent with the plans and all applicable building
codes and health and safety requirements.
(c) Nothing in this section shall be construed to exempt an
application or permit request from complying with the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code).
(d) For purposes of this section, "agricultural employee" has the
same meaning specified in subdivision (b) of Section 1140.4 of the
Labor Code.
SEC. 2. 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 21 days after receipt of the complaint, 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 may immediately proceed
with the filing of a civil action without regard to the 21-day
waiting period specified in subdivision (b).
SEC. 3. Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.