Bill Text: CA AB1783 | 2019-2020 | Regular Session | Chaptered
Bill Title: H-2A worker housing: state funding: streamlined approval process for agricultural employee housing development.
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Passed) 2019-10-13 - Chaptered by Secretary of State - Chapter 866, Statutes of 2019. [AB1783 Detail]
Download: California-2019-AB1783-Chaptered.html
Assembly Bill
No. 1783
CHAPTER 866
An act to amend Sections 12745, 12760, 12767, 12787, and 65582.1 of, and to add Section 12788 to, the Government Code, and to amend Sections 17008, 17021, 17021.6, 17035, 17037, 17037.5, 50470, 50517.10, and 50715 of, and to add Sections 17008.5, 17021.8, 17030.10, and 50205 to, the Health and Safety Code, relating to agricultural employee housing.
[
Approved by
Governor
October 13, 2019.
Filed with
Secretary of State
October 13, 2019.
]
LEGISLATIVE COUNSEL'S DIGEST
AB 1783, Robert Rivas.
H-2A worker housing: state funding: streamlined approval process for agricultural employee housing development.
(1) Existing federal law governing immigration authorizes the importation of an alien as a nonimmigrant agricultural worker, known as an H-2A worker, if specified requirements are met, including that the employer furnish housing, as provided.
Existing state law establishes various housing programs administered by the Department of Housing and Community Development, including the Joe Serna, Jr. Farmworker Housing Grant Program, pursuant to which the department provides, subject to availability of funds, grants and loans to specified entities for the construction or rehabilitation of housing for agricultural employees and their families or for the acquisition of manufactured housing, as provided. Existing state law, the California Community Services Block Grant Program, requires the Department of Community Services and
Development to administer the federal Community Services Block Grant funds to provide financial assistance for activities designed to have a measurable and potentially major impact on causes of poverty in a community or areas of a community where poverty is a particularly acute problem. Existing law authorizes this funding to assist programs that, among other things, meet the needs of migrant and seasonal farmworkers and their families, such as improved housing and sanitation, including the provision and maintenance of emergency and temporary housing and sanitation facilities.
This bill would prohibit the provision of state funding, as defined, for the purposes of funding predevelopment of, developing, or operating any housing used to comply with the federal law
requirement to furnish housing to H-2A workers and would require an employer, as defined, or other recipient of state funding who utilizes state funding for these purposes to reimburse the state or state agency that provided the funding in an amount equal to the amount of that state funding expended for those purposes. The bill would exempt from these provisions any contract or other enforceable agreement pursuant to which the state or a state agency provides funding that was entered into prior to January 1, 2020. The bill would also make various conforming changes to other laws.
(2) The Planning and Zoning Law requires that the housing element of a city’s or county’s general plan include, among other things, that the housing element of a city’s or county’s general plan include, among other things, an analysis of any special housing needs, including the needs of, among others, farmworkers. Existing law exempts certain housing developments from
conditional use permits and requires those developments to be subject to certain streamlined approval processes, as specified.
Existing law, the Employee Housing Act, requires a person operating employee housing, as defined, to obtain a permit to operate that housing from the agency that enforces the act, which may either be the Department of Housing and Community Development or a city, county, or city and county that assumes responsibility for enforcing the act. The act generally reserves local use zone requirements to local governments except as provided, including requiring a specified streamlined approval process for certain improvements related to employee housing for agricultural employees. A violation of the act is a misdemeanor.
This bill would provide that a tenant residing in agricultural employee housing, as defined, has all rights applicable to a person residing in employee housing under existing provisions,
including the California Fair Employment and Housing Act and specified provisions relating to tenant rights. The bill would require the department to establish and administer, as specified, an application and review process for certifying that a person is an affordable housing organization qualified to operate specified agricultural employee housing. The bill also would require the department to establish and maintain a roster of all certified affordable housing organizations. The bill would, as an exception to the provision reserving local use zone requirements to local governments, authorize a development proponent to submit an application for an agricultural employee housing development that is subject to a streamlined, ministerial approval process, as specified, and that is not subject to a conditional use permit if certain requirements are met, including that the agricultural employee housing will be maintained and operated by a qualified affordable housing organization that has been certified by the
department, as specified. The bill would require a local government to notify the development proponent in writing if the local government determines that the development does not meet those requirements by a specified time; otherwise, the development would be deemed to comply with the requirement that the development not be located on certain types of hazardous or conservation sites, as specified. The bill would authorize a specified local government entity to conduct a development review or public oversight of the development, as provided. The bill would provide that agricultural employee housing approved pursuant to the provision providing for a streamlined, ministerial approval process is not subject to the density limitations otherwise required to be considered an agricultural land use and exempt from local approval, taxes, and fees, as described above. The bill would also require, as a condition of that approval process, the qualified affordable housing organization
and the landowner to obligate themselves and any successors in interest to maintain the affordability of the proposed agricultural employee housing, as specified, for not less than 35 years. If that organization does not continue to operate and maintain the housing for the time period agreed to satisfy that condition, the bill would require the landowner who obtained approval of the housing to select an alternative certified person within 90 days, and would subject the landowner to an unspecified administrative penalty if the landowner fails to do so. By increasing the duties of local officials with respect to the Employee Housing Act, and by expanding the scope of an existing crime with respect to violations of the Employee Housing Act, this bill would impose a state-mandated local program. The bill would make related findings and declarations, and would include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all
cities, including charter cities. The bill would make various conforming changes.
The Employee Housing Act deems employee housing consisting of no more than 36 beds in a group quarters or 12 units or spaces designed for use by a single family or household to be an agricultural land use for purposes of specified provisions of the act. The act provides that, for the purpose of all local ordinances, employee housing is prohibited from being deemed a use that implies that the employee housing is an activity that differs in any other way from an agricultural use. The act prohibits a local government from requiring a conditional use permit, zoning variance, or other zoning clearance for the employee housing, or from subjecting the employee housing to certain taxes or fees that are not required for other agricultural activities in that zone. The act, for the purposes of any contract, deed, or covenant for the transfer of real property, requires employee housing consisting
of no more than 36 beds in a group quarters or 12 units or spaces designed for use by a single family or household to be considered an agricultural use of property.
This bill, for purposes of the above-described provisions of the act, would deem employee housing that is approved pursuant to the above-described provisions of the bill providing for a streamlined, ministerial approval process, an agricultural land use. The bill would modify the prohibition on a local government requiring a zoning clearance for the employee housing to, instead, prohibit a local government from requiring a zoning clearance that is discretionary for the employee housing. The bill, as an exception to the requirement that employee housing be deemed an agricultural use for purposes of all local ordinances, would authorize a local government to subject an agricultural employee housing development, approved pursuant to the above-described provisions of the bill providing for a streamlined,
ministerial approval process, to specified written objective development standards. The bill, as an exemption to the prohibition on a local government subjecting employee housing to certain taxes or fees that are not required for other agricultural activity in that zone, would authorize a local government to impose fees and other exactions otherwise authorized by law that are essential to provide necessary public services and facilities to an agricultural employee housing development. The bill, for the purposes of any contract, deed, or covenant for the transfer of real property, would require employee housing, approved pursuant to the provisions of the bill providing for a streamlined, ministerial approval process, to be considered an agricultural use of property. The bill would provide that if any owner, who invokes the above-described provisions or the provisions of the bill providing for a streamlined, ministerial approval process, fails to maintain a permit to operate throughout the first 10 consecutive
years following the issuance of the original certificate of occupancy, the public agency that has waived any taxes, fees, assessments, or charges, as specified, is authorized to recover certain amounts of those taxes, fees, assessments, or charges.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA does not apply
to the approval of ministerial projects.
Because the approval process established by the bill is streamlined and ministerial in nature, the approval of projects subject to this process are exempt from CEQA. The bill, additionally, would prohibit the approval of a development and the application of development standards pursuant to specified provisions of the bill from being deemed a discretionary act within the meaning of CEQA.
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.
This bill would provide that no reimbursement is required by this act for specified reasons.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 12745 of the Government Code is amended to read:12745.
(a) Eligible activities for which financial assistance may be obtained pursuant to this chapter shall be designed to have a measurable and potentially major impact on causes of poverty in the community or those areas of the community where poverty is a particularly acute problem. These activities shall be designed to assist low-income participants to do all the following:(1) Secure and retain meaningful employment.
(2) Attain an adequate education.
(3) Make better use of available income.
(4) Obtain and maintain adequate housing and suitable living environment subject to Section 12788.
(5) Obtain emergency assistance through loans or grants to meet immediate and urgent individual and family needs, including the need for health services, nutritious food, housing, and employment-related assistance subject to Section 12788.
(6) Remove obstacles and solve problems that block the achievement of self-sufficiency.
(7) Achieve greater participation in the affairs of the community.
(8) Address the needs of youth in low-income communities.
(9) Make more effective use of other programs
related to the purposes of this chapter.
(b) Additionally, activities shall be designed to do all of the following:
(1) Provide on an emergency basis for the provision of the supplies and services, nutritious foodstuffs, and related services, as may be necessary to counteract conditions of starvation and malnutrition among the poor.
(2) Coordinate and establish linkages between governmental and other social services programs to ensure the effective delivery of those services to low-income individuals.
(3) Encourage the use of entities in the private sector of the community in efforts to ameliorate poverty in the community.
(c) Each eligible entity shall, through the local planning process, select and propose for funding the programs or projects that, in its judgment, will produce the maximum impact on its community.
(d) Entities eligible for funding under Article 9 (commencing with Section 12775) are limited purpose agencies that need not respond to the broad range of eligible activities but may provide specialized training, technical assistance, and support services to enhance the effectiveness of community action programs, migrant and seasonal farmworker programs, and American Indian programs.
(e) The department may prescribe statewide priorities among eligible activities or strategies that shall be considered and addressed in the local planning process and described in the community action
plan submitted to the state. Each eligible entity shall be authorized to set its own program priorities in conformance to its own determination of local needs.
(f) If no other entity in the community provides those services, eligible entities under Article 6 (commencing with Section 12750), Article 7 (commencing with Section 12765), or Article 8 (commencing with Section 12770) shall provide a minimum level of services to help the poor receive the benefits for which they are eligible under health, food, income, and housing assistance programs designed to meet the basic survival needs of the poor subject to Section 12788. These services shall include, but shall not be limited to, all of the following:
(1) A service to help the poor complete the various required application forms,
and, when necessary and possible, to help them gather verification of the contents of completed applications.
(2) A service to explain program requirements and client responsibilities in programs serving the poor.
(3) A service to provide transportation, when necessary and
possible.
(4) A service that does all things necessary to make the programs accessible to the poor, so that they may become self-sufficient.
(g) Standards of effectiveness to be addressed and attained in setting goals and assessing accomplishments are:
(1) Strengthened community capabilities for planning and coordinating so as to ensure that available assistance related to the elimination of poverty can be more responsive to local needs and conditions.
(2) Better organization of services related to the needs of the poor.
(3) Maximum feasible participation of the poor in the development
and implementation of all programs and projects designed to serve the poor.
(4) Broadened resource base of programs directed to the elimination of poverty so as to include all elements of the community able to influence the quality and quantity of services to the poor.
(5) Greater use of new types of services and innovative approaches in attacking causes of poverty, so as to develop increasingly effective methods of employing available resources.
(6) Maximum employment opportunity, including opportunity for further occupational training and career development for residents of the area and members of the groups served.
(7) Those programmatic and fiscal
standards set by the department through regulation that are necessary to enable the department to demonstrate the assurances and certifications it makes to the secretary in the state plan.
(h) In administering the California Community Services Block Grant Program, the department shall enforce all the programmatic and fiscal requirements and standards of effectiveness provided by this chapter, except that no eligible entity shall be determined to be out of compliance with programmatic or fiscal requirements established by the department until those requirements and standards are published for review and comment by the eligible entities and until eligible entities are afforded a reasonable opportunity to comply therewith.
SEC. 2.
Section 12760 of the Government Code is amended to read:12760.
Subject to Section 12788, community action agencies funded under this article shall coordinate their plans and activities with other eligible entities funded under Articles 7 (commencing with Section 12765) and 8 (commencing with Section 12770) that serve any part of their communities, so that funds are not used to duplicate particular services to the same beneficiaries and plans and policies affecting all grantees under this chapter are shaped, to the extent possible, so as to be equitable and beneficial to all community agencies and the populations they serve.SEC. 3.
Section 12767 of the Government Code is amended to read:12767.
Subject to Section 12788, programs assisted under this article may include projects or activities to do any of the following:(a) Meet the immediate needs of migrant and seasonal farmworkers and their families, such as daycare for children and elderly persons, education, health services, improved housing and sanitation, including the provision and maintenance of emergency and temporary housing and sanitation facilities, legal advice and representation, and consumer training and counseling, and assistance in processing applications for legalization and citizenship.
(b) Promote increased community acceptance
of migrant and seasonal farmworkers and their families.
(c) Equip unskilled migrant and seasonal farmworkers and members of their families, as appropriate, through education, training, and developmental programs to meet the changing demands in agricultural employment brought about by technological advancement and economic exigencies, and to take advantage of opportunities available to improve their well-being and self-sufficiency by gaining regular or permanent employment or by participating in available federally assisted employment or training programs.
(d) Provide such other services as are permissible under Section 12745 with specific focus on the needs of migrant and seasonal farmworkers and their families.
SEC. 4.
Section 12787 of the Government Code is amended to read:12787.
Except as provided in Section 12788, this chapter shall not be construed to prohibit an eligible entity under Article 6 (commencing with Section 12750), Article 7 (commencing with Section 12765), or Article 8 (commencing with Section 12770), from applying for state discretionary funds, provided that no discretionary funding received by the eligible entity shall be used to duplicate services funded pursuant to other provisions of this chapter.SEC. 5.
Section 12788 is added to the Government Code, to read:12788.
(a) On and after January 1, 2020, housing funded pursuant to this chapter shall not include housing used to comply with the requirement under Section 1188(c)(4) of Title 8 of the United States Code to furnish housing to H-2A workers, as defined in Section 50205 of the Health and Safety Code. A person who receives funds made available pursuant to this chapter on or after January 1, 2020, and expends any of those funds for the purpose of funding predevelopment of, developing, or operating housing described in this article shall reimburse the department or other state agency that provided those funds, as provided in paragraph (2) of subdivision (b) of Section 50205 of the Health and Safety Code.(b) This section shall not apply to any contract entered into or any financial assistance provided pursuant to this chapter prior to January 1, 2020.
SEC. 6.
Section 65582.1 of the Government Code is amended to read:65582.1.
The Legislature finds and declares that it has provided reforms and incentives to facilitate and expedite the construction of affordable housing. Those reforms and incentives can be found in the following provisions:(a) Housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3).
(b) Extension of statute of limitations in actions challenging the housing element and brought in support of affordable housing (subdivision (d) of Section 65009).
(c) Restrictions on disapproval of housing developments (Section 65589.5).
(d) Priority for affordable housing in the allocation of water and sewer hookups (Section 65589.7).
(e) Least cost zoning law (Section 65913.1).
(f) Density bonus law (Section 65915).
(g) Accessory dwelling units (Sections 65852.150 and 65852.2).
(h) By-right housing, in which certain multifamily housing is designated a permitted use (Section 65589.4).
(i) No-net-loss-in zoning density law limiting downzonings and density reductions (Section 65863).
(j) Requiring persons who sue to halt affordable housing to pay
attorney’s fees (Section 65914) or post a bond (Section 529.2 of the Code of Civil Procedure).
(k) Reduced time for action on affordable housing applications under the approval of development permits process (Article 5 (commencing with Section 65950) of Chapter 4.5).
(l) Limiting moratoriums on multifamily housing (Section 65858).
(m) Prohibiting discrimination against affordable housing (Section 65008).
(n) California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3).
(o) Community redevelopment law (Part 1 (commencing with Section 33000)
of Division 24 of the Health and Safety Code, and in particular Sections 33334.2 and 33413).
(p) Streamlining housing approvals during a housing shortage (Section 65913.4).
(q) Housing sustainability districts (Chapter 11 (commencing with Section 66200)).
(r) Streamlining agricultural employee housing development approvals (Section 17021.8 of the Health and Safety Code).
SEC. 7.
Section 17008 of the Health and Safety Code is amended to read:17008.
(a) “Employee housing,” as used in this part, means any portion of any housing accommodation, or property upon which a housing accommodation is located, if all of the following factors exist:(1) The accommodations consist of any living quarters, dwelling, boardinghouse, tent, bunkhouse, maintenance-of-way car, mobilehome, manufactured home, recreational vehicle, travel trailer, or other housing accommodations, maintained in one or more buildings or one or more sites, and the premises upon which they are situated or the area set aside and provided for parking of mobilehomes or camping of five or more employees by the employer.
(2) The accommodations are maintained in connection with any work or place where work is being performed, whether or not rent is involved.
(b) (1) Except as provided in paragraphs (2) and (3), “employee housing,” as used in this part, also includes any portion of any housing accommodation or property upon which housing accommodations are located, if all of the following factors exist:
(A) The housing accommodations or property are located in any rural area, as defined by Section 50101.
(B) The housing accommodations or property are not maintained in connection with any work or workplace.
(C) The housing accommodations or property are provided by someone other than an agricultural employer, as defined in Section 1140.4 of the Labor Code.
(D) The housing accommodations or property are used by five or more agricultural employees of any agricultural employer or employers for any of the following:
(i) Temporary or seasonal residency.
(ii) Permanent residency, if the housing accommodation is a mobilehome, manufactured home, travel trailer, or recreational vehicle.
(iii) Permanent residency, if the housing accommodation is subject to the State Housing Law and is more than 30 years old and at least 51 percent of the structures in the
housing accommodation, or 51 percent of the accommodation if not separated into units, are occupied by agricultural employees.
(2) “Employee housing” does not include a hotel, motel, inn, tourist hotel, multifamily dwelling, or single-family house if all of the following factors exist:
(A) The housing is offered and rented to nonagricultural employees on the same terms that it is offered and rented to agricultural employees.
(B) None of the occupants of the housing are employed by the owner or property manager of the housing or any party with an interest in the housing.
(C) None of the occupants of the housing have rent deducted from their wages.
(D) The owner or property manager of the housing is not an agricultural employer as defined in Section 1140.4 of the Labor Code, or an agent, as it relates to the housing in question, of an agricultural employer.
(E) Negotiation of the terms of occupancy of the housing is conducted between each occupant and the owner of the housing or between each occupant and a manager of the property who is employed by the owner of the housing.
(F) The occupants are not required to live in the housing as a condition of employment or of securing employment and the occupants are not referred to live in the housing by the employer of the occupants, the agent of the employer of the occupants, or an agricultural employer as defined in
Section 1140.4 of the Labor Code.
(G) The housing accommodation was not at any time before January 1, 1984, employee housing as defined in subdivision (a).
(3) “Employee housing,” as defined by this subdivision, does not include a hotel, motel, inn, tourist hotel, or permanent housing as defined by subdivision (d) of Section 17010, that has not been maintained, before January 1, 1984, or is not maintained on or after that date, as employee housing, as defined in subdivision (a).
(c) If at any time before January 1, 1984, a housing accommodation was employee housing, as defined in subdivision (a), and on or after January 1, 1984, was employee housing, as defined in subdivision (b), the owner and operator shall comply with
all requirements of this part. The owner and operator of any other housing accommodation which is employee housing pursuant to subdivision (b) shall be subject to the licensing and inspection provisions of this part and shall comply with all other provisions of this part, except that if any portion of the housing accommodation is held out for rent or lease to the general public, the construction and physical maintenance standards of the housing accommodation shall be consistent with the applicable provisions of the State Housing Law, Part 1.5 (commencing with Section
17910), the Manufactured Housing Act, Part 2 (commencing with Section 18000); or the Mobilehome Parks Act, Part 2.1 (commencing with Section 18200). The owner or operator of the employee housing shall designate all units or spaces which are employee housing, as defined in this subdivision, for the purpose of inspection and licensing by the enforcement agency, subject to confirmation by the enforcement agency, based on all relevant evidence.
(d) “Employee housing” does not include employee community housing, as defined by Section 17005.5, that has been granted an exemption pursuant to Section 17031.3; housing, and the premises upon which it is situated, owned by a public entity; or privately owned housing, including ownership by a nonprofit entity, and the premises upon which it is situated, financed with public funds equaling
50 percent or more of the original development or purchase cost.
(e) “Employee housing” means the same as “labor camp,” as that term may be used in this or other codes and, notwithstanding any local ordinance to the contrary in a general law or charter city, county, or city and county, shall be deemed a residential use if it exists in structures that are single-family houses or apartment houses as those terms are used in the State Housing Law (Part 1.5 (commencing with Section 17910)).
SEC. 8.
Section 17008.5 is added to the Health and Safety Code, to read:17008.5.
(a) “Agricultural employee housing,” as used in this part, means housing occupied by an employee of an agricultural employer, as defined in Section 1140.4 of the Labor Code, or by a farm labor contractor, as defined in Section 1682 of the Labor Code.(b) A tenant residing in agricultural employee housing has all rights applicable to a person residing in employee housing, including the following:
(1) The right to file a verified complaint with the Department of Fair Employment and Housing alleging a violation of housing discrimination, or to assert any other right, under the California Fair Employment
and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code).
(2) Any protections for tenants or lessees under the Civil Code or the Labor Code, except as otherwise provided in Section 17031.6.
(3) Any protection or right under the Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations Act of 1975 (Part 3.5 (commencing with Section 1140) of Division 2 of the Labor Code).
SEC. 9.
Section 17021 of the Health and Safety Code is amended to read:17021.
(a) Except as provided in Sections 17021.5, 17021.6, and 17021.8, 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 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). The local building or health department may deny an application or permit request on procedural grounds only if the denial occurs within 30 calendar days and the denial includes an itemization of the procedural
defects. The local building or health department may deny an application or permit request on substantive grounds if the denial includes an itemization of all substantive defects.
(2) If the local building or health department does not approve or deny the application or permit request 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 the local building or health department had approved them.
However, if that other local agency identifies any defects that would have resulted in that agency’s disapproval of the improvements or plans for improvement, the agency may identify those defects and the applicant shall correct them. 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) The Department of Housing and Community Development may
recover from a local building or health department costs incurred to review an application or permit request in compliance with paragraph (2) of subdivision (b). The amount recoverable may not exceed the applicable plan check fee published by the
International Conference of Building Officials.
SEC. 10.
Section 17021.6 of the Health and Safety Code is amended to read:17021.6.
(a) The owner of any employee housing who has qualified or intends to qualify for a permit to operate pursuant to this part may invoke this section.(b) Any employee housing consisting of no more than 36 beds in a group quarters or 12 units or spaces designed for use by a single family or household, or that is approved pursuant to Section 17021.8, shall be deemed an agricultural land use for the purposes of this section. Except as provided in Section 17021.8, 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 discretionary zoning clearance shall be required of this employee housing that is not required of any other agricultural activity in the same zone. The permitted occupancy in employee housing in a zone allowing agricultural uses 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 consisting of no more than 36 beds in a group quarters or 12 units or spaces designed for use by a single family or household 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. This subdivision does not 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 regulations or local ordinance, with respect to employee housing consisting of no more than 36 beds in a group quarters or 12 units or spaces designed for use by a single family or household.
(d) For the purposes of any contract, deed, or covenant for the transfer of real property, employee housing consisting of no more than 36 beds in a group quarters or 12 units or spaces designed for use by a single family or household, or that is approved pursuant to Section 17021.8, 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 subdivisions (b) and (c) 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.
(f) If any owner who invokes the provisions of this section or Section 17021.8 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. 11.
Section 17021.8 is added to the Health and Safety Code, to read:17021.8.
(a) A development proponent may submit an application for a development that is subject to a streamlined, ministerial approval process, provided in subdivision (b), and is not subject to a conditional use permit if all of the following requirements are met:(1) The development is located on land zoned for primarily agricultural uses.
(2) The development is not located on a site that is any of the following:
(A) Within the coastal zone, as defined in Division 20 (commencing with Section 30000) of the Public Resources Code.
(B) Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
(C) Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178 of the Government Code, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code.
(D) A hazardous waste site that is listed pursuant to Section 65962.5 of the Government Code or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356, unless the Department of Toxic Substances Control has cleared
the site for residential use or residential mixed uses.
(E) Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901)), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2 of the Government Code.
(F) Within a flood plain as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has been issued a flood plain development permit pursuant to Part 59 (commencing with
Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.
(G) Within a floodway as determined by maps promulgated by the Federal Emergency Management Agency.
(H) Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.
(I) Lands under conservation easement. For purposes of this section, “conservation easement”
shall not include a contract executed pursuant to the Williamson Act (Chapter 7 (commencing with Section 51200) of Division 1 of Title 5 of the Government Code).
(J) Lands with groundwater levels within five feet of the soil surface and for which the development would be served by an onsite wastewater disposal system serving more than six family housing units.
(3) The development is an eligible agricultural employee housing development that satisfies the requirements specified in subdivision (i).
(b) (1) If a local government determines that a development submitted pursuant to this section does not meet the requirements specified in subdivision (a), the local government shall provide the
development proponent written documentation of which requirement or requirements the development does not satisfy and an explanation for the reason or reasons the development does not satisfy the requirement or requirements, as follows:
(A) Within 30 days of submission of the development to the local government pursuant to this section if the development contains 50 or fewer housing units.
(B) Within 60 days of submission of the development to the local government pursuant to this section if the development contains more than 50 housing units.
(2) If the local government fails to provide the required documentation pursuant to paragraph (1), the development shall be deemed to satisfy the requirements specified in paragraph
(2) of subdivision (a).
(c) The local government’s planning commission or an equivalent board or commission responsible for review and approval of development projects, or the city council or board of supervisors, as appropriate, may conduct a development review or public oversight of the development. The development review or public oversight shall be objective and be strictly focused on assessing compliance with criteria required for streamlined projects, as well as any reasonable objective development standards described in this section. For purposes of this subdivision, “objective development standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development
applicant or proponent and the public official prior to submission. The development review or public oversight shall be completed as follows and shall not in any way inhibit, chill, or preclude the ministerial approval provided by this section or its effect, as applicable:
(1) Within 90 days of submission of the development to the local government pursuant to this section if the development contains 50 or fewer housing units.
(2) Within 180 days of submission of the development to the local government pursuant to this section if the development contains more than 50 housing units.
(d) An agricultural employee housing development that is approved pursuant to this section shall not be subject to the density limits
specified in Section 17021.6 in order to constitute an agricultural land use for purposes of that section.
(e) Notwithstanding Section 17021.6, a local government may subject an agricultural employee housing development that is approved pursuant to this section to the following written, objective development standards:
(1) (A) A requirement that the development have adequate water and wastewater facilities and dry utilities to serve the project.
(B) A requirement that the development be connected to an existing public water system that has not been identified as failing or being at risk of failing to provide an adequate supply of safe drinking water.
(C) If the development proposes to include 10 or more units, a requirement that the development connect to an existing municipal sewer system that has adequate capacity to serve the project. If the local agency has adopted an approved local agency management program for onsite wastewater treatment systems, those requirements shall apply to the development.
(2) A requirement that the property on which the development is located be either:
(A) Within one-half mile of a duly designated collector road with an Average Daily Trips (ADT) of 6,000 or greater.
(B) Adjacent to a duly designated collector road with an ADT of 2,000 or greater.
(3) A
requirement that the development include off-street parking based upon demonstrated need, provided that the standards do not require more parking for eligible agricultural employee housing developments than for other residential uses of similar size within the jurisdiction.
(4) Notwithstanding Section 17020 or any other law, health, safety, and welfare standards for agricultural employee housing, including, but not limited to, density, minimum living space per occupant, minimum sanitation facilities, minimum sanitation requirements, and similar standards.
(5) Standards requiring that if a potential for exposure to significant hazards from surrounding properties or activities is found to exist, the effects of the potential exposure shall be mitigated to a level of insignificance in
compliance with state and federal requirements.
(f) Neither the approval of a development pursuant to this section, including the permit processing, nor the application of development standards pursuant to this section shall be deemed to be discretionary acts within the meaning of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(g) Notwithstanding Section 17021.6, a local agency may impose fees and other exactions otherwise authorized by law that are essential to provide necessary public services and facilities to the eligible agricultural employee housing development.
(h) This section shall not be construed to:
(1) Prohibit a local agency from requiring an eligible agricultural employee housing development to comply with objective,
quantifiable, written development standards, conditions, and policies that are consistent with subdivision (e) and appropriate to, and consistent with, meeting the jurisdiction’s need for farmworker housing, as identified pursuant to paragraph (7) of subdivision (a) of Section 65583 of the Government Code.
(2) Prohibit a local agency from disapproving an eligible agricultural employee housing development if the eligible agricultural employee housing development as proposed would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to lower income households, as defined in Section 50079.5, or rendering the development financially infeasible. As used in this paragraph, a
“specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
(3) Prohibit a local agency from disapproving an eligible agricultural employee housing development if that project would be in violation of any applicable state or federal law.
(4) Change any obligations to comply with any other existing laws, including, but not limited to, Section 116527, Section 106.4 of the Water Code, Division 7 (commencing with Section 13000) of the Water Code, and Part 12 (commencing with Section 116270) of Division 104.
(i) For the purposes
of this section, “eligible agricultural employee housing development” means an agricultural employee housing development that satisfies all of the following:
(1) The agricultural employee housing does not contain dormitory-style housing.
(2) The development consists of no more than 36 units or spaces designed for use by a single family or household.
(3) (A) Except as otherwise provided in subparagraph (B), the agricultural employee housing will be maintained and operated by a qualified affordable housing organization that has been certified pursuant to Section
17030.10. The development proponent shall submit proof of issuance of the qualified affordable housing organization’s certification to the enforcement agency. The qualified affordable housing organization shall provide for onsite management of the development.
(B) In the case of agricultural employee housing that is maintained and operated by a local public housing agency or a multicounty, state, or multistate agency that has been certified as a qualified affordable housing organization as required by this paragraph, that agency either directly maintains and operates the agricultural employee housing or contracts with another
qualified affordable housing organization that has been certified pursuant to Section 17030.10.
(C) The local government ensures an affordability covenant is recorded on the property to ensure the affordability of the proposed agricultural employee housing for agricultural employees for not less than 35 years. For purposes of this paragraph, “affordability” means the agricultural housing is made available at an affordable rent, as defined in Section 50053,
to lower income households, as defined in Section 50079.5.
(4) The agricultural employee housing is not ineligible for state funding pursuant to paragraph (1) of subdivision (b) of Section 50205.
(j) 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 agricultural employee housing as are commensurate with local need. The Legislature further finds and declares that this section addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter
cities.
SEC. 12.
Section 17030.10 is added to the Health and Safety Code, to read:17030.10.
(a) The department shall establish an application and review process for certifying that a person is an affordable housing organization qualified to operate agricultural employee housing that is approved pursuant to Section 17021.8.(b) A person desiring certification as a qualified affordable housing organization may, in the form and manner prescribed by the department, submit an application to the department. Except as provided in subdivision (c), department shall review an application so
submitted, and shall certify the person as a qualified affordable housing organization if the following requirements are satisfied:
(1) The applicant has demonstrated relevant prior experience in California and current capacity, as capable of operating the housing and related facilities for its remaining useful life, either by itself or through a management agent.
(2) The applicant is one of the following:
(A) A not-for-profit corporation organized pursuant to Division 2 (commencing with Section 5000) of Title 1 of the Corporations Code that satisfies both of the following:
(i) The not-for-profit corporation has as its principal purpose the ownership,
development, or management of housing or community development projects for persons and families of low or moderate income and very low income.
(ii) The not-for-profit corporation has a broadly representative board, a majority of whose members are community based and have a proven track record of local community service.
(B) A local public housing agency. For purposes of this subdivision, “local public housing agency” means a housing authority, redevelopment agency, or any other agency of a city, county, or city and county, whether general law or chartered, that is authorized to own, develop, or manage housing or community development projects for persons and families of low or moderate income and very low income.
(C) A not-for-profit, charitable corporation organized on a multicounty, state, or multistate basis that satisfies both of the following:
(i) The charitable corporation has as its principal purpose the ownership, development, or management of housing or community development projects for persons and families of low or moderate income and very low income.
(ii) The charitable corporation owns or operates at least three comparable rent- and income-restricted affordable rental properties governed under a regulatory agreement with a department or agency of the State of California or the United States, either directly or by serving as the managing general partner of limited partnerships or managing member of limited liability corporations.
(D) A multicounty, state, or multistate agency that satisfies both of the following:
(i) The agency is authorized to own, develop, or manage housing or community development projects for persons and families of low or moderate income and very low income.
(ii) The agency owns and operates at least three comparable rent- and income-restricted affordable rental properties governed under a regulatory agreement with a department or agency of the State of California or the United States, either directly or by serving as the managing general partner of limited partnerships or managing member of limited liability corporations.
(E) Any other not-for-profit
organization that the department determines is sufficiently similar to any of the organizations described in this paragraph.
(3) Except for local public housing agencies with elected legislative bodies, the applicant does not have a member among its officers or directorate with a financial interest in an agricultural employer, as defined in Section 1140.4 of the Labor Code, or a farm labor contractor, as defined in Section 1682 of the Labor Code. The department shall allow officers or members of the directorate of an applicant to self-certify for purposes of this requirement.
(c) If an applicant has previously received development funds from the department, is in good standing, and meets the requirements of paragraph (3) of subdivision (b), the department may automatically deem such organizations certified.
(d) (1) The department may review, adopt, amend, or repeal standards, forms, or definitions in order to implement this section. Any standards, forms, or definitions adopted, amended, or repealed pursuant to this section are hereby exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(2) In consultation with stakeholders, and with a
public comment period no less than 30 days, the department may adopt guidelines to implement this section. Any guideline, rule, policy, or standard of general application employed by the department in implementing this section shall not be subject to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
SEC. 13.
Section 17035 of the Health and Safety Code is amended to read:17035.
(a) The department shall establish and maintain a roster of all employee housing having a valid permit to operate.(b) The department shall establish and maintain a roster of all affordable housing organizations certified pursuant to Section 17030.10.
SEC. 14.
Section 17037 of the Health and Safety Code is amended to read:17037.
A person, or the agent or officer thereof, constructing, operating, or maintaining employee housing shall comply with the requirements of this part, with building standards published in the State Building Standards Code relating to employee housing, and with the other regulations adopted pursuant to this part.(a) A person operating or maintaining employee housing without first having obtained a permit to operate from the enforcement agency shall pay double the fees prescribed for the permit to operate the employee housing.
(b) A person found for a second or subsequent time within a five-year period to be
operating or maintaining employee housing without first having obtained a permit to operate from the enforcement agency shall pay 10 times the fees prescribed for the permit to operate the employee housing. The two or more violations referenced in this paragraph may be with regard either to the same enforcement agency or to two or more different enforcement agencies.
(c) Notwithstanding Section 17061, a landowner who obtained approval of an agricultural employee housing development pursuant to Section 17021.8 shall be subject to an administrative penalty issued by the department if the landowner fails to select an alternative certified person to operate and maintain the agricultural employee housing development as required by subdivision (c) of Section 17037.5.
SEC. 15.
Section 17037.5 of the Health and Safety Code is amended to read:17037.5.
(a) A person who ceases to operate or maintain employee housing that is subject to the permit requirement pursuant to this part shall complete and submit annually a Certificate of Non-Operation to the enforcement agency. The Certificate of Non-Operation shall be submitted for two years following the discontinuation of the use of any area on the property as employee housing. The Certificate of Non-Operation shall attest under penalty of perjury that the employee housing has been destroyed, or is no longer owned or operated, or has not been and shall not be occupied by five or more employees during the calendar year.(b) The Certificate of
Non-Operation shall include the owner’s name and address, the operator’s name and address, the employee housing name and location, the maximum number of employees who have occupied or shall occupy the employee housing during the calendar year, and any other information considered relevant by the enforcement agency. The Certificate of Non-Operation shall be completed and submitted to the enforcement agency no later than 30 calendar days after the enforcement agency provides the form to the owner or operator.
(c) If a certified person’s permit required by Section 17030 expires or the certified person is otherwise unable or unwilling to continue to operate and maintain an agricultural employee housing that was approved pursuant to Section 17021.8 for the agreed time period as required by Section 17021.8, the landowner who obtained that
approval within 90 days of the certified person’s ceasing operation and maintenance of the agricultural employee housing, shall select an alternative certified affordable housing organization to operate and maintain the agricultural employee housing.
SEC. 16.
Section 50205 is added to the Health and Safety Code, to read:50205.
(a) As used in this section:(1) “Employer” means a person who has petitioned, or will petition, to import an H-2A worker pursuant to Section 1188 of Title 8 of the United States Code to work on the employer’s agricultural land.
(2) “H-2A worker” means a nonimmigrant alien as described in Section 1101(a)(15)(H)(ii)(a) of Title 8 of the United States Code employed to work for an employer.
(3) “State funding” means any provision of moneys or other financial assistance provided by the state or a state agency, including,
but not limited to, grants, loans, and write-downs of
land costs, but does not include any allocation of federal or state low-income housing tax credits pursuant to Chapter 3.6 (commencing with Section 50199.4) of this part or Sections 12206, 17058, or 23610.5 of the Revenue and Taxation Code.
(b) (1) Notwithstanding any other law and subject to paragraph (2), state funding shall not be provided for the purposes of funding predevelopment of, developing, or operating any housing used to comply with the requirement under Section 1188(c)(4) of Title 8 of the United States Code to furnish housing to H-2A workers.
(2) Any
employer or other recipient of state funding who utilizes state funding for the purposes described in paragraph (1) shall reimburse the state or state agency that provided the funding in an amount equal to the amount of that state funding expended for those purposes.
(3) This subdivision shall not apply to any contract or other enforceable agreement pursuant to which the state or a state agency provides state funding that was entered into prior to January 1, 2020.
SEC. 17.
Section 50470 of the Health and Safety Code is amended to read:50470.
(a) (1) There is hereby created in the State Treasury the Building Homes and Jobs Trust Fund. All interest or other increments resulting from the investment of moneys in the fund shall be deposited in the fund, notwithstanding Section 16305.7 of the Government Code.(2) Moneys in the Building Homes and Jobs Trust Fund shall not be subject to transfer to any other fund pursuant to any provision of Part 2 (commencing with Section 16300) of Division 4 of Title 2 of the Government Code, except to the Surplus Money Investment Fund.
(b) Moneys in the Building Homes and Jobs Trust Fund shall be
appropriated either through the annual Budget Act, or as provided in this subdivision, in accordance with the following:
(1) Moneys collected on and after January 1, 2018, and until December 31, 2018, shall, upon appropriation by the Legislature, be allocated as follows:
(A) Fifty percent of deposits into the fund shall be made available for local governments to update planning documents and zoning ordinances in order to streamline housing production, including, but not limited to, general plans, community plans, specific plans, sustainable communities strategies, and local coastal programs. Eligible uses also include new environmental analyses that eliminate the need for project-specific review and local process updates that improve and expedite local permitting.
(i) Five percent of the funds specified by this subparagraph shall be available for technical assistance to jurisdictions updating specified planning documents. Technical assistance shall be provided by the department and the Governor’s Office of Planning and Research.
(ii) The funds to be allocated pursuant to this subparagraph shall be held by the department until a local government submits a request for use. The request shall include a description of the proposed use of the funds in the interest of accelerating housing production. The proposed use of these funds shall be included in the local government’s funding plan and annual reports pursuant to subclauses (II) and (III) of clause (ii) of subparagraph (B) of paragraph (2). Any of these funds not allocated by the department within
the first two years that those funds are available shall be made available by the department for the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675)).
(B) Fifty percent of deposits into the fund shall be made
available to the department to assist persons experiencing or at risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, navigation centers, and the new construction, rehabilitation, and preservation of permanent and transitional rental housing.
(C) The department shall ensure geographic equity in the distribution and expenditure of funds allocated pursuant to this paragraph.
(2) Moneys collected on and after January 1, 2019, shall be allocated as follows:
(A) Twenty percent of all moneys in the fund shall, upon appropriation by the Legislature, be expended for affordable owner-occupied workforce housing.
(B) (i) Seventy percent of moneys deposited in the fund shall, upon appropriation by the Legislature, be made available to local governments as follows:
(I) Ninety percent of the moneys specified in this subparagraph shall be allocated based on the formula specified in Section 5306 of Title 42 of the United States Code, in accordance with the distribution of funds pursuant to that formula for the federal Fiscal Year 2017, except that the portion allocated to nonentitlement areas pursuant to that section shall be distributed through a competitive grant program, administered by the department, as follows:
(ia) The department shall award priority points to a county that has a population of 200,000 or less within the unincorporated areas of the
county, to a local government that did not receive an award based on the formula specified in Section 5306 of Title 42 of the United States Code in 2016, and to a local government that pledges to use the money awarded pursuant to a competitive grant under this subclause to assist persons experiencing or at risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, navigation centers, and the new construction, rehabilitation, and preservation of permanent and transitional rental housing.
(ib) Moneys awarded to a local government pursuant to the competitive grant program shall be used for the purposes specified in subparagraph (D).
(II) The remaining 10 percent of the moneys specified in this subparagraph shall be allocated equitably among
local jurisdictions that are nonentitlement areas pursuant to the formula specified in Section 5306 of Title 42 of the United States Code for federal Fiscal Year 2017.
(ii) To receive moneys pursuant to this subparagraph, local governments shall document minimum standards including the following:
(I) Submit a plan to the department detailing the manner in which allocated funds will be used by the local government in a manner consistent with this paragraph and to meet the local government’s unmet share of the regional housing needs allocation.
(II) Have a compliant housing element with the state and submit a current annual report pursuant to Section 65400 of the Government Code.
(III) Submit an annual report to the department that provides ongoing tracking of the uses and expenditures of any allocated funds.
(IV) Funds may be expended for the uses listed in subparagraph (D). Two or more local governments that receive an allocation pursuant to this subparagraph may expend those moneys on a joint project that is an authorized use under subparagraph (D).
(V) Prioritize investments that increase the supply of housing to households that are at or below 60 percent of area median income, adjusted for household size.
(VI) If a local government does not have a documented plan to expend the moneys allocated to it pursuant to this subparagraph within
five years of that allocation, those moneys shall be exempt from the allocation requirements in this paragraph and shall revert to, and be paid and deposited in, the Housing Rehabilitation Loan Fund established pursuant to Section 50661 to be used for the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675)) or for technical assistance for local governments.
(VII) A local government may petition the department to return any moneys allocated to it pursuant to this subparagraph. Any moneys returned pursuant to this clause shall be used for the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675)).
(C) Thirty percent of moneys deposited in the fund shall be made available to the department for use as follows:
(i) Five percent of the moneys deposited in the fund shall, upon appropriation by the Legislature, be used for state incentive programs, including loans and grants administered by the department. If the department receives insufficient funding applications for incentive programs financed pursuant to this clause, the department shall make those funds available for the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675)).
(ii) (I) Subject to subclause (II), 10 percent of the moneys deposited in the fund shall, upon appropriation by the Legislature, be used to address affordable homeownership and rental housing opportunities for agricultural workers and their families.
(II) On
and after January 1, 2020, housing funded pursuant to this clause shall not include housing used to comply with the requirement under Section 1188(c)(4) of Title 8 of the United States Code to furnish housing to H-2A workers, as defined in Section 50205. A person who receives funds made available pursuant to this clause on or after January 1, 2020, and expends any of those funds for the purpose of funding predevelopment of, developing, or operating housing described in this subclause shall reimburse the department or other state agency that provided those funds, as provided in paragraph (2) of subdivision (b) of Section 50205. This subclause shall not apply to any contract entered into or any financial assistance provided
pursuant to this clause prior to January 1, 2020.
(iii) Fifteen percent of the moneys deposited in the fund shall, notwithstanding any other provision of this section or Section 13340 of the Government Code, be continuously appropriated to the California Housing Finance Agency for the purpose of creating mixed income multifamily residential housing for lower to moderate-income households pursuant to Chapter 6.7 (commencing with Section 51325) of Part 3.
(D) The moneys in the fund allocated to local governments may be expended for the following purposes:
(i) The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to
extremely low, very low, low-, and moderate-income households, including necessary operating subsidies.
(ii) Affordable rental and ownership housing that meets the needs of a growing workforce earning up to 120 percent of area median income, or 150 percent of area median income in high-cost areas.
(iii) Matching portions of funds placed into local or regional housing trust funds.
(iv) Matching portions of funds available through the Low and Moderate Income Housing Asset Fund pursuant to subdivision (d) of Section 34176 of the Health and Safety Code.
(v) Capitalized reserves for services connected to the creation of new permanent supportive housing,
including, but not limited to, developments funded through the Veterans Housing and Homelessness Prevention Bond Act of 2014.
(vi) Assisting persons who are experiencing or at risk of homelessness, including providing rapid rehousing, rental assistance, navigation centers, emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.
(vii) Accessibility modifications.
(viii) Efforts to acquire and rehabilitate foreclosed or vacant homes.
(ix) Homeownership opportunities, including, but not limited to, downpayment assistance.
(x) Fiscal
incentives or matching funds to local agencies that approve new housing for extremely low, very low, low-, and moderate-income households.
(3) A state or local entity that receives an appropriation or allocation pursuant to this chapter shall use no more than 5 percent of that appropriation or allocation for costs related to the administration of the housing program for which the appropriation or allocation was made.
(c) Both of the following shall be paid and deposited in the fund:
(1) Any moneys appropriated and made available by the Legislature for purposes of the fund.
(2) Any other moneys that may be made available to the department for the purposes of
the fund from any other source or sources.
(d) In consultation with stakeholders, the department may adopt guidelines to implement this section, including to determine allocation methodologies. Any guideline, rule, policy, or standard of general application employed by the department in implementing this chapter shall not be subject to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
SEC. 18.
Section 50517.10 of the Health and Safety Code is amended to read:50517.10.
(a) In addition to the purposes specified in subdivision (a) of Section 50517.5 and except as otherwise provided in subdivision (b), the department may make grants and loans under the Joe Serna, Jr. Farmworker Housing Grant Program to local public entities and nonprofit corporations in order to establish capitalized operating reserves for short-term occupancy housing for migrant farmworker households, purchase land for, and construct, housing structures for short-term occupancy by migrant farmworker households, lease or purchase existing structures for short-term occupancy by migrant farmworker households, and, where the department determines that extraordinary or emergency circumstances exist, directly rent or lease housing for short-term occupancy by migrant farmworker households.(b) (1) Notwithstanding any other provision of this chapter, except as provided in paragraph (2), the department shall not make grants or loans under the Joe Serna, Jr. Farmworker Housing Grant Program on or after January 1, 2020, for the purpose of planning, developing, or operating housing used to comply with the requirement under Section 1188(c)(4) of Title 8 of the United States Code to furnish housing to H-2A workers, as provided in subdivision (b) of Section 50205. A person who receives any grant or loan under the Joe Serna, Jr. Farmworker Housing Grant Program on or after January 1, 2020, and expends any of those funds for any purpose described in this subdivision shall reimburse the department as provided in paragraph (2) of subdivision (b) of Section 50205.
(2) This subdivision shall not apply to any contract entered into or any grant or loan provided pursuant to the Joe Serna, Jr. Farmworker Housing Grant Program prior to January 1, 2020.
SEC. 19.
Section 50715 of the Health and Safety Code is amended to read:50715.
(a) Housing operated pursuant to this chapter may be used for the purposes set forth in Chapter 11.5 (commencing with Section 50800), provided that no funds appropriated for the purposes of this chapter shall be used for the operation or administration of this housing as emergency shelter pursuant to Chapter 11.5, and provided further that this housing may be made available as emergency shelter pursuant to Chapter 11.5 only during the months of November to March, inclusive.(b) (1) Notwithstanding any other provision of this chapter, except as provided in paragraph (2), housing operated pursuant to this chapter shall not
include any housing used to comply with the requirement under Section 1188(c)(4) of Title 8 of the United States Code to furnish housing to H-2A workers, as defined in Section 50205. The department or a city, county, or other local agency shall not enter into any contract pursuant to Section 50710 or 50712, respectively, or provide any financial assistance under this chapter on or after January 1, 2020. A person who receives financial assistance under this chapter on or after January 1, 2020, and expends any of those funds for any purpose described in this subdivision shall reimburse the department as provided in paragraph (2) of subdivision (b) of Section 50205.
(2) This subdivision shall not apply to any contract entered into or any financial assistance provided pursuant to this chapter prior to January 1,
2020.
