Bill Text: CA AB1783 | 2019-2020 | Regular Session | Amended
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-Amended.html
Amended
IN
Senate
August 13, 2019 |
Amended
IN
Assembly
May 17, 2019 |
Amended
IN
Assembly
April 29, 2019 |
Amended
IN
Assembly
April 04, 2019 |
Amended
IN
Assembly
March 28, 2019 |
Amended
IN
Assembly
March 19, 2019 |
Introduced by Assembly Member Robert Rivas (Coauthors: Assembly Members Aguiar-Curry, Chiu, and Gonzalez) (Coauthors: Senators Caballero, Durazo, and Wiener) |
February 22, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
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: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: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 planning, 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.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: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:SEC. 8.
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.SEC. 9.
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.SEC. 10.
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:(A)The agricultural employee housing does not contain dormitory style housing.
(B)(i)Except as otherwise provided in clause (ii), the agricultural employee housing will be
maintained and operated by a qualified affordable housing organization that has been certified pursuant to Section 17030.10 and that has been issued a permit pursuant to Section 17030. The development proponent shall submit proof of issuance of the qualified affordable housing organization’s permit.
(ii)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 subparagraph, that agency may either directly maintain and operate the agricultural employee housing or contract with another qualified affordable housing organization that has been certified pursuant to Section 17030.10 and that has been issued a permit pursuant to Section 17030 to maintain
and operate the agricultural employee housing.
(4)The qualified affordable housing organization and the landowner shall obligate themselves and any successors in interest to maintain the affordability of the proposed agricultural employee housing for agricultural employees for not less than 55 years. For purposes of this paragraph, “affordability” means the agricultural housing is made available at an affordable housing cost, as defined in Section 50052.5, to lower income households, as defined in Section 50079.5.
(5)The agricultural employee housing is not ineligible for state funding pursuant to paragraph (1) of subdivision (b) of Section 50205.
(e)
(a)A person operating employee housing shall obtain a permit to operate that employee housing from the enforcement agency, unless otherwise exempted by this part. It shall be unlawful for a person to operate employee housing without a valid permit to operate issued by the enforcement agency, as required by this part. Permits to operate shall be issued annually by the enforcement agency, except as provided in this section and Section 17030.5.
(b)Employee housing on a dairy farm which meets the requirements of Section 32505 of the Food and Agricultural Code, consisting only of permanent single-family employee housing, may be exempted from the
requirement of obtaining a permit to operate employee housing, as provided in Section 17031. This housing shall meet the requirements of the State Housing Law before an exemption is granted.
(c)A permit to operate shall be valid from the date of issuance through December 31 of the year of issuance, or December 31 of the year designated by the enforcement agency for permanent single-family employee housing. Permits to operate employee housing may prescribe conditions on the use or occupancy of the employee housing.
(d)The Department of Housing and Community Development shall be the enforcement agency for employee housing owned or operated by a railroad corporation.
(e)The Department of Housing and Community
Development shall be the enforcement agency for agricultural employee housing.