6087-S

AN ACT Relating to farmworker housing; amending RCW 43.70.330; adding new sections to chapter 70.54 RCW; and creating new sections.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. Unless the context clearly requires otherwise, the definitions in this section apply throughout sections 1 and 2 of this act and RCW 43.70.330, 43.70.340, and 70.54.110.

(1) "Agricultural worker" means an individual employed seasonally or intermittently in the occupations listed in RCW 50.04.150 and 19.30.010(4).

(2) "Deemed status" means a designation assigned by the department for licensees annually reviewed and approved by the United States department of housing and urban development or other public agencies that fund and monitor low-income housing or labor camps.

(3) "Department" means the department of health.

(4) "Facilities" means bathing, food handling, handwashing, toilet facilities, dwelling units, and dormitories provided for agricultural workers.

(5) "Labor camp" means all facilities for housing agricultural workers, provided directly or indirectly through rental or other arrangements, by the operator on a year-round, seasonal, or intermittently housed basis, including individual spaces for worker-supplied housing. For the purposes of this chapter five or more dwelling units, spaces, or dormitories housing six or more agricultural workers shall constitute a labor camp. "Labor camp" does not include housing regularly provided on a commercial basis to the general public, that is provided to agricultural workers on the same terms and conditions as it is provided to the general public.

(6) "Labor camp site" means facilities that are located at the same geographic location.

(7) "Level I violations" means violations that deprive workers of either water or potable water, heat during times of year where artificial heating is required, electricity, proper sewage disposal, bathing facilities, or serious or irreparable conditions imminently hazardous to health.

(8) "License" means a permit issued by the department on an annual basis to the operator of a labor camp.

(9) "Operator" means the owner, grower, employer, manager, public or private nonprofit agency, or any other person who owns or controls a labor camp.

(10) "Space" means a permanent site designated by an operator for an individual worker-supplied housing unit.

NEW SECTION. Sec. 2. (1) No operator of a labor camp shall house agricultural workers without first obtaining a license from the department. Each operator of a labor camp shall apply for a license each year at least forty-five days prior to expiration of an existing license. An applicant of a new labor camp shall apply for a license forty-five days prior to occupancy.

(2) Each operator shall include with the application form proof of satisfactory results of a bacteriological water quality test, meeting the requirements of chapter 246-290 WAC.

(3) Whenever it is appropriate to make an inspection to enforce the provisions of this chapter or rules adopted under this chapter, the department's authorized representative has the authority to inspect a labor camp at all reasonable times. If an agricultural worker's dwelling unit or dormitory room is occupied, the representative shall make a reasonable effort to locate the tenant to request entry.

Sec. 3. RCW 43.70.330 and 1990 c 253 s 2 are each amended to read as follows:

(1) The department of health shall be the primary inspector of labor camps ((~~and farmworker housing~~)) for the state of Washington((~~: PROVIDED, That~~)). However, the department of labor and industries shall be the inspector for all ((~~farmworker housing~~)) labor camps not covered by the authority of ((~~the state board of health~~)) sections 1 and 2 of this act.

(2) The department of health, the department of labor and industries, the department of community, trade, and economic development, the state board of health, and the employment security department shall develop an interagency agreement defining the rules and responsibilities for the inspection of ((~~farmworker housing~~)) labor camps. This agreement shall recognize the department of health as the primary inspector of labor camps for the state, and shall further be designed to provide a central information center for public health information and education regarding ((~~farmworker housing~~)) agricultural workers. ((~~The agencies shall provide the legislature with a report on the results of this agreement by January 1, 1991.~~))

NEW SECTION. Sec. 4. (1) A joint legislative task force on farmworker housing is created.

(2) It shall be composed of not more than three senate members to be selected by the chair of the senate health and human services committee, and three members of the house of representatives, to be selected by the chair of the house of representatives agriculture committee. The committee shall select its chair.

(3) Staff assistance for the committee shall be provided by senate committee services and the house of representatives office of program research. Additional staff support or consultation shall be provided by the department of health, the department of community, trade, and economic development, the department of labor and industries, and other executive agencies as requested by the task force.

(4) The members of the task force shall be reimbursed for travel expenses through the house of representatives and senate.

(5) The task force shall develop draft legislation to improve the quality, supply, and affordability of farmworker housing by making changes in statutes controlling zoning, building codes, taxes, inspection requirements, financial incentives to construct or renovate farmworker housing, or by other means the task force deems appropriate and effective.

(6) The task force shall submit its draft legislation to the Washington state legislature by January 30, 1995.

NEW SECTION. Sec. 5. Sections 1 and 2 of this act are each added to chapter 70.54 RCW.