BILL ANALYSIS                                                                                                                                                                                                    



                                                                       


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          |SENATE RULES COMMITTEE            |                  SB 1545|
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                              UNFINISHED BUSINESS
                                        

          Bill No:  SB 1545
          Author:   Costa (D)
          Amended:  8/29/00
          Vote:     21

            
           SENATE HOUSING & COMM. DEV. COMMITTEE  :  4-0, 5/1/00
          AYES:  Alarcon, Johannessen, Monteith, Vasconcellos

           SENATE FLOOR  :  38-0, 5/8/00
          AYES:  Alarcon, Alpert, Bowen, Brulte, Burton, Chesbro,  
            Dunn, Escutia, Hayden, Haynes, Hughes, Johannessen,  
            Johnson, Johnston, Karnette, Kelley, Knight, Leslie,  
            Lewis, McPherson, Monteith, Morrow, Mountjoy, Murray,  
            O'Connell, Ortiz, Peace, Perata, Polanco, Poochigian,  
            Rainey, Schiff, Sher, Solis, Soto, Speier, Vasconcellos,  
            Wright

           ASSEMBLY FLOOR  :  76-0, 8/30/00 - See last page for vote
           

           SUBJECT  :    Housing:  employee housing

           SOURCE  :     California Housing Law Project

           
           DIGEST :    This bill imposes specific planning and zoning  
          requirements on local jurisdictions regarding  
          rehabilitation of employee housing for agricultural  
          employees.

           Assembly Amendments  add provisions to update, streamline,  
          strengthen and refocus the inspection process and  
          regulatory requirements for licensed farm worker housing.   
                                                           CONTINUED





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          They impose specified permitting process requirements on  
          localities, establish a 60-day period for the approval or  
          denial of a project by a local health or building  
          department, and shorten timeframes related to complaints.  

          As it left the Senate, the bill contained one provision  
          relating to the complaint process for substandard housing  
          conditions and was considered to be a vehicle for  
          addressing the problems of living conditions in labor  
          camps.

           ANALYSIS  :    Current law, the Employee Housing Act (EHA),  
          generally regulates housing provided by employers to five  
          or more employees and housing for agricultural workers.   
          The Department of Housing and Community Development (HCD)  
          inspects for compliance with building code requirements and  
          permits all employee housing at least once every two years.  
           However, single family dwellings can be issued up to  
          five-year permits.  Local agencies can assume the building  
          inspection and enforcement responsibilities.  

          At any time a resident of employee housing may file a  
          complaint alleging substandard housing conditions.  If the  
          enforcement agency does not file a civil action within 34  
          days of receipt of the complaint, or within 5 days in the  
          case of imminent peril, the complainant may bring a civil  
          action for damages and injunctive relief.

          This bill imposes specific planning and zoning requirements  
          on local jurisdictions regarding rehabilitation of employee  
          housing for agricultural employees. 

          1.Establishes processing requirements that give local  
            building or health departments 60 calendar days to  
            approve or deny a complete permit application to  
            rehabilitate employee housing for agricultural employees.  


          2.Establishes processing requirements that require the  
            permit time to be shorter if required by the Permit  
            Streamlining Act. 

          3.Establishes processing requirements that require a city  
            or county to deny a permit request on procedural grounds  







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            within 30 days. 

          4.Requires permit denials issued on procedural grounds to  
            itemize the procedural defects. 

          5.Allows denial of an application or permit on substantive  
            grounds if the denial includes an itemization of all  
            substantive defects. 

          6.Permits the Department of Housing and Community  
            Development to  approve an application or permit request  
            if it determines that the plans are consistent with all  
            applicable building codes and health and safety  
            requirements if the local building or health department  
            does not approve the application or permit request within  
            60 days. 

          7.Allows the applicant to begin rehabilitation of employee  
            housing if the work is consistent with the application or  
            permit that is issued. 

          8.Requires state or local agencies to accept the ensuing  
            improvements as if the local building or health  
            department had approved them. 

          9.Requires the applicant to correct any defects that are  
            identified by a local agency after the improvements have  
            been made if those defects would have resulted in the  
            local agency's disapproval of the improvements. 

          10.States that nothing in this code section shall exempt an  
            application or request from complying with the California  
            Environmental Quality Act. 

          11.Reduces the number of days that a local enforcement  
            agency has to file a civil action against the operator of  
            employee housing for violation of the Employee Housing  
            Act and the State Building Standards Code before the  
            complainant can file a civil action from 30 to 21 days. 

          12.Permits a complainant to immediately file civil action  
            against the operator of employee housing if the  
            complainant alleges and a court finds that the residents  
            of the employee housing were in imminent peril due to  







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            violations of the Employee Housing Act. 

           Comments  :

          Since the Labor Camp Act of 1913, California has enforced  
          minimum housing standards to protect the health and safety  
          of agricultural workers. Enforcement of labor camp codes  
          and standards remains largely in local hands, with 13  
          counties having assumed responsibility for inspection of  
          labor camps. In recent years, labor contractors operate the  
          camps rather than growers. Many growers have gotten out of  
          the housing business altogether. In 1955, growers  
          registered more than 9,000 labor camps in the state, today,  
          it is estimated that there are 800 camps housing  
          approximately 20,000 workers. 

          The goal of this bill is to make modest changes to the  
          Employee Housing Act to address the problem of substandard  
          living conditions in labor camps. According to the  
          California Housing Law Project (CHLP), the bill's sponsor,  
          employee housing is rented to farmworkers illegally while  
          cities and counties ignore the substandard conditions. CHLP  
          believes that when the operator agrees to obtain a license  
          to bring the housing up to code, the city or county refuses  
          to act on the permit due to reluctance to formally approve  
          the use of the property as farmworker housing. 

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

          Negligible fiscal impact on local governments. The  
          timeframes established in this measure may force some  
          jurisdictions to place priority on reviewing the specified  
          permit applications and employee housing complaints, but  
          should not require additional personnel to perform the  
          required duties. 

          Minor absorbable cost for HCD to review those plans for  
          rehabilitation projects that are not acted on by local   
          agencies within 60 calendar days. 

           SUPPORT  :   (Verified  5/20/00) (Unable to reverify at time  
          of writing)








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          California Housing Law Project (source)
          Agricultural Council of California
          Bank of America
          California Building Industry Association
          California Catholic Conference
          California Church Impact
          California Rural Legal Assistance Foundation 
          Friends Committee on Legislation
          Jericho
          Lutheran Office of Public Policy
          Manufactured Housing Institute
          Western Center on Law and Poverty
          Wine Institute

           OPPOSITION  :    (Verified  8/30/00)

          League of California Cities
          California State Association of Counties
          California Building Officials
          California Fire Chiefs Association
          International Association of Plumbing and Mechanical  
          Officials

           ASSEMBLY FLOOR  :
          AYES:  Aanestad, Ackerman, Alquist, Aroner, Ashburn,  
            Baldwin, Bates, Battin, Baugh, Bock, Brewer, Briggs,  
            Calderon, Campbell, Cardenas, Cardoza, Cedillo, Corbett,  
            Correa, Cox, Cunneen, Davis, Dickerson, Ducheny, Dutra,  
            Firebaugh, Florez, Gallegos, Granlund, Havice, Honda,  
            House, Jackson, Kaloogian, Keeley, Knox, Kuehl, Leach,  
            Lempert, Leonard, Longville, Lowenthal, Machado, Maddox,  
            Maldonado, Margett, Mazzoni, McClintock, Migden, Olberg,  
            Oller, Robert Pacheco, Rod Pacheco, Papan, Pescetti,  
            Reyes, Romero, Runner, Scott, Shelley, Steinberg,  
            Strickland, Strom-Martin, Thompson, Thomson, Torlakson,  
            Villaraigosa, Vincent, Washington, Wayne, Wesson,  
            Wiggins, Wildman, Wright, Zettel, Hertzberg


          NC:jk  9/20/00   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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