BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 1545| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 445-6614 Fax: | | |(916) 327-4478 | | ------------------------------------------------------------ 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 SB 1545 Page 2 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 SB 1545 Page 3 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 SB 1545 Page 4 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) SB 1545 Page 5 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 **** END **** SB 1545 Page 6