HOUSE BILL REPORT
2SSB 6780
BYSenate Committee on Ways & Means (originally sponsored by Senators Newhouse, Hansen, Barr, Madsen, Bailey and Anderson)
Establishing farmworker housing inspection procedures and standards.
House Committe on Housing
Majority Report: Do pass as amended. (7)
Signed by Representatives Nutley, Chair; Leonard, Vice Chair; Winsley, Ranking Republican Member; Anderson, Padden, Rector and Todd.
House Staff:Kenny Pittman (786-7392)
Rereferred House Committee on Appropriations
Majority Report: Do pass as amended by Committee on Housing. (24)
Signed by Representatives Locke, Chair; Grant, Vice Chair; H. Sommers, Vice Chair; Silver, Ranking Republican Member; Youngsman, Assistant Ranking Republican Member; Belcher, Bowman, Brekke, Brough, Dorn, Ebersole, Ferguson, Hine, Inslee, May, McLean, Nealey, Rust, Sayan, Spanel, Sprenkle, Valle, Wang and Wineberry.
House Staff: Susan Nakagawa (786-7145)
AS PASSED HOUSE MARCH 1, 1990
BACKGROUND:
A number of state and local agencies are currently responsible for the inspection and regulation of farmworker housing, including the State Board of Health, the Department of Health, the Department of Labor and Industries, the Employment Security Department and local health departments. There is no single entity responsible for farmworker housing in Washington. Parties interested in farmworker housing must deal with each agency separately and must determine which set of standards applies to their case and under what conditions additional standards apply.
The State Board of Health has the authority to develop standards for farmworker housing and the necessary procedures for the inspection of that housing. The Department of Health administers the inspection program for the State Board of Health. State Board of Health rules apply to all farmworker housing labor camps which have five or more units located off-farm or on-farm if rented to anyone, employee or otherwise, at the going rental rate. The State Board of Health has discretion in determining the minimum size of labor camps covered under its program.
The inspection program is funded by fees collected from housing providers in the form of a health and sanitation permit and survey charges. The health and sanitation permit is $50 plus $1.50 per housing unit. Permits are valid for a two-year period. Survey charges are $5 for each unit in a labor camp up to 29 units or $150 for each camp with 30 or more units. Charges are assessed once per year.
The Washington Industrial Safety and Health Act (WISHA) applies to all farmworker housing provided free or at reduced rates to workers as part of their benefits. The Department of Labor and Industries administers the inspection under the WISHA rules for labor camps on a complaint basis.
The Federal Employment and Training Administration (ETA) rules apply to housing for workers imported into the area through the Employment Security Department and housing built before March 1980, if growers in the latter case choose this coverage over WISHA. The Department of Health works with the Employment Security Department to provide inspections under this program.
SUMMARY:
The Department of Health is established as the primary inspector of farmworker housing in Washington, with housing not covered by the State Board of Health rules to be inspected by the Department of Labor and Industries.
The State Board of Health is directed to use Washington Industrial Safety and Health Act (WISHA) labor camp rules as a minimum, but their discretionary rulemaking and administrative activity will remain intact.
The Departments of Health, Labor and Industries, Community Development, Employment Security, and the Board of Health shall develop an interagency agreement defining the rules and responsibilities for inspection of labor camps. A report on the progress of results of the interagency agreement must be made to the Legislature by January 1, 1991.
A Farmworker Housing Inspection Fund is created in the custody of the State Treasurer. Annual licensing fees are set at $50 for labor camps with six or less units, and $75 for labor camps with more than six units. The licensing fees must be deposited into the farmworker housing inspection fund.
The Department of Community Development is authorized to develop and make available model plans and construction manuals for farmworker housing, including, but not limited to seasonal housing for individuals and families, campgrounds, and recreational vehicle parks.
The Departments of Community Development, Natural Resources, Transportation, and General Administration shall work together to identify and catalog under-utilized, state-owned land and property for possible lease. The Department of Community Development shall work with local governments, public and private nonprofit organizations in securing long-term leases for the purpose of siting farmworker housing.
A county is authorized to lease its property for the purpose of siting seasonal or migrant farmworker housing. Lease terms of up to 75 years are provided.
An appropriation of $65,000 is made to the Department of Community Development to develop and make available model construction plans and manuals. In addition, an appropriation of $60,000 is made to the Department of Health to assist in the operation of the Labor Camp Inspection program.
Appropriation: Sixty-five thousand dollars to the Department of Community Development and $60,000 to the Department of Health.
Fiscal Note: Available.
House Committee ‑ Testified For: (Housing) Sam Clark, Department of Labor and Industries; Byron Plan, Department of Health; and Daniel Ford, Evergreen Legal Services (with concern).
(Appropriations) No one.
House Committee - Testified Against: (Housing) No one.
(Appropriations) No one.
House Committee - Testimony For: (Housing) The coordination of state agencies involved in the inspection of farmworker housing is a better use of state resources. The use of a single health and safety standard is a step in the right direction. The additional funding will allow the Department of Health to do follow up inspections to ensure the problems are corrected. However, the bill needs to give the Department of Health the authority to impose civil penalties when health and safety violations are not corrected. There should be provisions to prohibit occupancy of the housing constructed to reduced thermal performance standards by farmworkers during winter months (this provision was removed in the amended bill).
(Appropriations) None.
House Committee - Testimony Against: (Housing) None.
(Appropriations) None.
VOTE ON FINAL PASSAGE:
Yeas 97; Nays 0 - 3/1