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