Bill Text: CA AB2240 | 2023-2024 | Regular Session | Introduced

California Assembly Bill 2240

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Farm labor centers: migratory agricultural workers.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Engrossed) 2024-05-29 - Referred to Com. on HOUSING. [AB2240 Detail]

Download: California-2023-AB2240-Introduced.html

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 2240

Introduced by Assembly Member Arambula
(Principal coauthor: Assembly Member Robert Rivas)

February 08, 2024

An act to amend Sections 36069 and 50710.1 of, to add Sections 36054.5 and 50710.3 to, and to repeal Section 50716 of, the Health and Safety Code, relating to housing.

LEGISLATIVE COUNSEL'S DIGEST

AB 2240, as introduced, Arambula. Farm labor centers: migratory agricultural workers.

Existing law, the Farm Labor Center Law, authorizes a housing authority to acquire, own, operate, construct, reconstruct, repair, replace, maintain, and dispose of a farm labor center, as defined, due to the need to assemble, domicile, and house persons and families engaged in agricultural work. Existing law also authorizes a housing authority to arrange and contract for the furnishing of services, privileges, works, or facilities for or in connection with its farm labor center, as specified. Existing law prohibits a housing authority that operates a farm labor center from limiting an agricultural worker’s housing unit occupancy period to less than 270 days if the Director of Agriculture certifies that there are seasonal crops that would keep those workers in the immediate area for that period of time.

This bill instead would prohibit the housing authority from limiting the occupancy period, unless approved by the Department of Housing and Community Development. By imposing additional restrictions on a housing authority with regard to operating a farm labor center, this bill would impose a state-mandated local program.

Existing law requires the Department of Housing and Community Development, through its Office of Migrant Services, to assist in the development, construction, reconstruction, rehabilitation, or operation of migrant farm labor centers, as provided. Existing law authorizes the Director of Housing and Community Development to contract with specified local public and private entities, including school districts and housing authorities, for the procurement or construction of housing or shelter and to obtain specified services, including education, for migratory agricultural workers. Existing law authorizes a migrant farm labor center subject to these contracts to be operated for an extended period prior to or beyond the standard 180-day period, but not to exceed 275 days in any calendar year, if certain conditions are satisfied. Those conditions include households representing 25% of the units signing a specified petition to the local entity, and the department approving the extension after considering certain factors. Those considerations include, among others, whether there are competing demands for the use of the center’s facilities, and whether there is adequate documentation of a need for residents of the center to continue work in the area.

This bill would remove the 275-day limitation on the operating period, and would remove the above-described petition requirement. The bill would also remove the above-specified factors from the department’s considerations in approving the extension. The bill would modify related findings and declarations.

This bill would define “migratory agricultural worker” and “migratory farmworker” for purposes of the Farm Labor Center Law and the above-described provisions governing the department’s assistance with regard to migrant farm labor centers.

This bill would apply its provisions described above to a contract entered into, amended, or extended on or after January 1, 2025.

Existing law requires the department to make the Office of Migrant Services centers available for rent by persons or families experiencing economic hardships or rendered homeless or at risk of becoming homeless as a result of a drought for which the Governor declared a state of emergency on January 17, 2014.

This bill would repeal those provisions.

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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES

The people of the State of California do enact as follows:

SECTION 1.

Section 36054.5 is added to the Health and Safety Code, to read:

36054.5.

(a) “Migratory agricultural worker” or “migratory farmworker” means a person who meets both of the following conditions:

(1) Has either of the following employment statuses:

(A) During the current or preceding calendar year, derived at least 50 percent of their total annual household earned income from agricultural employment.

(B) Can produce current evidence of a current job offer in agricultural employment.

(2) Performs, has performed, or will perform agricultural labor during the current or preceding calendar year under conditions that require round-trip travel exceeding 100 miles per day such that they were unable to return to their chosen place of residence within the same day of labor.

(b) This section shall apply to a contract entered into, amended, or extended under this part on and after January 1, 2025.

SEC. 2.

Section 36069 of the Health and Safety Code is amended to read:

36069.

(a) No housing authority operating a farm labor center shall limit the period of occupancy of housing units therein by agricultural ~~workers to less than 270 days, if the Director of Agriculture certifies that there are seasonal crops that would keep such workers in the immediate area for such period of time.~~ workers, unless approved by the Department of Housing and Community Development.

(b) The amendments made to this section by the act adding this subdivision shall only apply to a contract entered into, amended, or extended under this part on or after January 1, 2025.

SEC. 3.

Section 50710.1 of the Health and Safety Code is amended to read:

50710.1.

(a) If all the development costs of any migrant farm labor center assisted pursuant to this chapter are provided by federal, state, or local grants, and if inadequate funds are available from any federal, state, or local service to write-down operating costs, the department may approve rents for that center that are in excess of rents charged in other centers assisted by the Office of Migrant Services. However, notwithstanding any other provision of law, commencing with the 2006 growing season, the department shall not increase rents for residents of any facility assisted by the Office of Migrant Services to a level that exceeds 30 percent of the average annualized household incomes of residents of the facility without specific legislative authorization. Prior to approving these rents, the department shall consider the adequacy of evidence presented by the entity operating the center that the rents reimburse actual, reasonable, and necessary costs of operation.

(b) At the end of each fiscal year, any entity operating a migrant farm labor center pursuant to this chapter shall establish a capital reserve account comprised of the excess funds provided through the annual operating contract received from the department if the department certifies there is no need to address reasonable general maintenance requirements or repairs, rehabilitation, and replacement needs of the requesting migrant farm labor center which affect the immediate health and safety of residents. The cumulative balance of the reserve account shall not exceed 10 percent of the annual operating funds annually committed to the entity by the department unless authorized by the department, and shall be reported annually to the department. Funds in the reserve account shall be used only for capital improvements such as replacing or repairing structural elements, furniture, fixtures, or equipment of the migrant farm labor center, the replacement or repair of which are reasonably required to preserve the migrant farm labor center. An entity shall first use the available capital reserve funds for required improvements or repairs before requesting additional funding from the department for that use. Withdrawals from the reserve account shall be made only upon the written approval of the department of the amount and nature of expenditures.

(c) A migrant farm labor center governed by this chapter may be operated for an extended period prior to or beyond the standard 180-day ~~period, as further provided in paragraph (8) below,~~ period, after approval by the department, provided that all of the following conditions are satisfied:

(1) No additional subsidies provided by the department are used for the operation or administration of the migrant farm center during the extended occupancy period except to the extent that state funds are appropriated or authorized for the purpose of funding all or part of the cost of subsidizing extended occupancy periods.

(2) Rents are not to be increased above the rents charged during the standard 180-day occupancy period unless the department finds that an increase is necessary to cover the difference between reasonable operating costs necessary to keep the center open during the extended occupancy period and the amount of state funds available pursuant to paragraph (1) and any contributions from agricultural employers or other federal, local, or private sources. These contributions shall not be used to reduce the amount of state funds that otherwise would be made available to the center to subsidize rents during an extended occupancy period.

(3) In no event shall the rent during the extended occupancy period exceed the average daily operating cost of the center, less any subsidy funds available pursuant to paragraph (1) or (2). With respect to an extended occupancy beyond the standard 180-day period, households representing at least 25 percent of the units in the center shall have indicated their desire and intention to remain in residency by signing a petition to the local entity to keep the center open for an extended period at rents that are the same or higher than rents during the regular period of occupancy. Each household shall receive a clear bilingual notice describing the extended occupancy options attached to the lease.

The Legislature finds and declares that because the number of residents may be substantially reduced during the extended occupancy period, a rent increase may be necessary to cover operating costs. It is the intent of the Legislature that the public sector, private sector, and farmworkers should each play an important role in ensuring the financial viability of this important source of needed housing.

(4) An extended occupancy period is requested by an entity operating the migrant farm labor center and received by the department no earlier than 30 days and no later than 15 days prior to the center’s scheduled opening or closing date. The department shall notify the entity and petitioning residents of the final decision no later than seven days prior to the center’s scheduled opening or closing date. During the extended occupancy period, occupancy shall be limited to migrant farmworkers and their families who resided or intended to reside at a migrant center during the regular period of occupancy.

(5) Before approving or denying an early opening or an extension and establishing the rents for the extended occupancy period, both of which shall be within the sole discretion of the department, the department shall take into consideration all of the following factors:

(A) The structural and physical condition of the center, including water and sewer pond capacity and the capacity and willingness of the local entity to operate the center during the extended occupancy period.

(B) Whether local approvals are ~~required, and whether there are competing demands for the use of the center’s facilities.~~ required.

~~(C)Whether there is adequate documentation that there is a need for residents of the migrant center to continue work in the area, as confirmed by the local entity.~~
~~(D)~~

(C) The climate during the extended occupancy period.

~~(E)~~

(D) The amount of subsidy funds available that can be allocated to each center to subsidize rents below the operating costs and the cost of operating each center during the extended occupancy period.

~~(F)~~

(E) The extended occupancy period is deemed necessary for the health and safety of the migrant farmworkers and their families.

~~(G)~~

(F) Other relevant factors affecting the migrant farmworkers and their families and the operation of the centers.

(6) The rents collected during the extended occupancy period shall be remitted to the department. However, based on financial records to the satisfaction of the department, the department may reduce the amount to be remitted by an amount it determines the local entity has expended during the extended occupancy period that is not being reimbursed by department funds.

(7) The occupancy during the extended occupancy period represents a new tenancy and is not subject to existing and statutory and regulatory limitations governing rents. Prior to the beginning of the extended occupancy period, residents shall be provided at least two days’ advance written notice of any rent increase and of the expected length of the extended occupancy period, including the scheduled date of the beginning of the extended occupancy period and closure of the center. Prior to being eligible for residency during the extended occupancy period, residents shall sign rental documents deemed necessary by the department.

(8)Notwithstanding anything to the contrary contained in this section, the standard 180-day occupancy period combined with any extended occupancy periods shall not exceed a cumulative operating period of 275 days in any calendar year.

(d) The Legislature finds and declares that variable annual climates and changing agricultural techniques create an inability to accurately predict the end of a harvest season for the purposes of housing migrant farmworkers and their families. Furthermore, forcing farm workers and their families to migrate disrupts their sense of community and their children’s education. No other state in the nation enforces farm worker housing this way. Because of these factors, in any part of this state, and in any specific year, one or more migrant farmworker housing centers governed by this chapter need to ~~open early or~~ remain open ~~up to a total of 275 days~~ year round to allow the residents to provide critical assistance to growers in harvesting crops ~~while also fulfilling work expectations that encouraged them to migrate to the areas of the centers.~~ and for their families to live stable, healthy lives. In addition, if the centers close prematurely or open late, the migrant farmworkers often must remain or reside in the areas to work. During this ~~time~~ time, they will not be able to obtain decent, safe, and affordable housing and the health and safety of their families and the surrounding community will be threatened.

The Legislature therefore finds and declares that, for the purposes of any public or private right, obligation, or authorization related to the use of property and improvements thereon as a 180-day migrant center, an extended use of any housing center governed by this chapter pursuant to this section is deemed to be the same as the 180-day use generally authorized by this chapter.

(e) Because of the presumed income levels of the occupants of migrant farm labor centers, an entity operating a migrant farm labor center shall be deemed eligible for the California Alternative Rates for Energy program established pursuant to Sections 382 and 739.1 of the Public Utilities Code. Any savings from a reduction in energy rates shall be passed on to the occupants of the migrant farm labor center.

(f) The amendments made to this section by the act adding this subdivision shall only apply to a contract entered into, amended, or extended under this chapter on or after January 1, 2025.

SEC. 4.

Section 50710.3 is added to the Health and Safety Code, to read:

50710.3.

(a) For purposes of this chapter, “migratory agricultural worker” or “migratory farmworker” means a person who meets both of the following conditions:

(1) Has either of the following employment statuses:

(A) During the current or preceding calendar year, derived at least 50 percent of their total annual household earned income from agricultural employment.

(B) Can produce current evidence of a current job offer in agricultural employment.

(b) This section shall apply to a contract entered into, amended, or extended under this chapter on or after January 1, 2025.

SEC. 5.

Section 50716 of the Health and Safety Code is repealed.

50716.
(a)Notwithstanding any other law, to respond to the state of emergency proclaimed by the Governor on January 17, 2014, the department shall, directly or through contracts, make the Office of Migrant Services centers available for rent by persons or families experiencing economic hardships or rendered homeless or at risk of becoming homeless as a result of the drought. This may include, but is not limited to, extending the period of occupancy prior to or beyond the standard 180-day period and redefining persons and families eligible to occupy the centers. To the extent feasible, the department shall give preference to persons and families that meet existing program criteria.
(b)The department may adopt program guidelines to implement this section. Any rule, policy, or standard of general application employed by the department in implementing the provisions of 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. 6.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.