AN ACT Relating to farm-worker housing; adding a new section to chapter 19.27 RCW; adding a new section to chapter 19.27A RCW; adding new sections to chapter 43.63A RCW; adding new sections to chapter 43.185 RCW; making an appropriation; and declaring an emergency.

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

NEW SECTION. Sec. 1. A new section is added to chapter 43.63A RCW to read as follows:

The legislature finds that housing for migrant and seasonal farm workers is inadequate in terms of quality and number of units; that migrant and seasonal farm- worker income is inadequate to afford participation in the private rental market or improve their housing; that affordable housing for migrant and seasonal farm workers is a scarce and diminishing resource; that increasing numbers of these housing units are in deteriorated condition because they cannot be economically maintained and repaired; that the development of an adequate supply of safe and sanitary housing for migrant and seasonal farm workers should be the responsibility of the federal government, the state, and the agricultural community; and that the absence of sufficient state support for migrant and seasonal farm-worker housing has resulted in the loss of federal funds for farm-worker housing in this state.

The legislature further finds that the supply of safe and sanitary housing for migrant and seasonal farm workers would increase if the state took a leadership role in the development and rehabilitation of farm-worker housing; that the state should work with the agricultural community to develop innovative funding sources for the development and rehabilitation of farm- worker housing; that it is to the economic benefit of the state and a public purpose to encourage the availability and preservation of housing for migrant and seasonal farm workers.

NEW SECTION. Sec. 2. A new section is added to chapter 43.63A RCW to read as follows:

The department may make grants and may provide model construction plans, as provided in section 3 of this act, to local governing bodies and nonprofit organizations, as defined by the department, by rule, to assist in the development of permanent and temporary housing alternatives for farm workers and their families. Grants may be made for the following:

(1) Technical assistance, design and finance services and consultation, and administrative costs.

(2) Administrative costs when such grant will substantially increase the recipient's access to housing funds other than those available under this chapter.

NEW SECTION. Sec. 3. A new section is added to chapter 43.63A RCW to read as follows:

The department shall develop, and make available to the public, model or prototype plans for several types of farm-worker housing, including, but not limited to, dormitory housing, seasonal housing, family housing, campgrounds, and recreational vehicle parks. Any person or organization intending to construct farm-worker housing may adopt one or more of these models as the plans for the proposed housing.

NEW SECTION. Sec. 4. A new section is added to chapter 43.185 RCW to read as follows:

(1) The department may make loans and/or grants to local governing bodies and nonprofit organizations and loans to eligible individuals.

(2) Loans and/or grants to local governing bodies or nonprofit organizations provided under this section shall be used to finance projects that will provide temporary or permanent housing that is affordable for low-income farm workers and their families.

(3) Loans made to eligible individuals, as defined by the department, by rule, under this section shall be used solely for the rehabilitation of grower-provided housing that is affordable for low-income farm workers and their families.

(4) The local governing body, nonprofit organization, or eligible individual requesting assistance under this section is required to demonstrate to the department that:

(a) The applicant's existing resources are inadequate to finance, in whole or in part, the construction, rehabilitation, or acquisition of the project;

(b) Without funding through the department, the project would not be feasible; and

(5) Activities eligible for assistance include:

(a) Construction, rehabilitation, or acquisition of housing occupied solely by low-income farm workers and their families.

(b) Construction of migrant centers with related facilities, including but not limited to child care, health care, and educational programs.

(c) Construction of temporary housing alternatives for low- income farm workers, such as camp sites and recreational vehicle parks.

(6) Grants made by the department under subsection (2) of this section shall:

(a) Not exceed fifty percent of the amount necessary for project cost.

(b) Not be used for project organization or planning.

(c) Require the grantee to enter into an agreement with the department that requires the housing constructed, rehabilitated, or acquired with the grant be occupied, utilized, maintained, and operated for purposes consistent with the chapter for at least twenty years.

(d) Require the grantee to make all units constructed, rehabilitated, or acquired under this section to be available to all eligible farm workers.

(7) Loans made by the department under subsection (2) of this section shall:

(a) Not exceed eighty percent of the amount necessary for project cost.

(b) Not be used for project organization or planning.

(d) Require the recipient to enter into an agreement with the department that requires the housing constructed, rehabilitated, or acquired with the loan be occupied, utilized, maintained, and operated for at least twenty years.

(e) Require the recipient to make all units constructed, rehabilitated, or acquired under this section to be available to all eligible farm workers.

(8) Loans made by the department under subsection (3) of this section shall:

(a) Require the department to consult with the local governing body where the housing to be rehabilitated is located.

(b) Not exceed fifty percent of the amount necessary to rehabilitate the housing. The housing rehabilitated under this section shall be in compliance with at minimum, the requirements of the applicable state standards for farm-worker housing and/or migrant labor camps.

(d) Require the recipient of the loan to enter into an agreement with the department that requires the housing rehabilitated with the loan be occupied, utilized, maintained, and operated under this section for at least the term of the loan.

(9) The department shall fix terms, rates, and conditions pertaining to loans made under this section.

NEW SECTION. Sec. 5. A new section is added to chapter 43.185 RCW to read as follows:

The department may make grants to local governing bodies or nonprofit organizations to provide operating cost subsidies for migrant centers and farm-worker housing developed under this chapter. Grants made by the department under this section shall:

(1) Be the minimum amount necessary to ensure that the rents charged are affordable to low-income farm workers and their families;

(2) Not be used for operating expenses not associated with the migrant center or housing occupied by low-income farm workers; and

(3) Require the recipient of the operating subsidy to enter into an agreement with the department that requires the housing be occupied, utilized, maintained, and operated solely for low- income farm workers during the term of the subsidy.

NEW SECTION. Sec. 6. A new section is added to chapter 43.185 RCW to read as follows:

The department may receive such gifts, grants, and endowments from public or private sources as may be made from time to time, in trust or otherwise, for the use and benefit of the purposes of this chapter and expend the same or any income therefrom according to the terms of the gifts, grants, or endowments.

NEW SECTION. Sec. 7. A new section is added to chapter 19.27 RCW to read as follows:

(1) Except as provided in subsection (2) of this section, the governing body of a city, town, or county, as appropriate, may provide that the construction and thermal performance construction standards for the construction of seasonal farm- worker housing, developed by the United States department of agriculture, farmers home administration, apply to the construction of housing for farm workers if:

(a) The building or structure is occupied on a seasonal basis, but not more than six months per year; and

(b) The building is occupied solely by farm workers and their families in connection with their employment.

(2) The building code council may adopt, by rule, its own construction and thermal performance construction standards for the construction of farm-worker housing. In this event, the governing bodies of cities, towns, and counties may only adopt these standards under subsection (1) of this section.

NEW SECTION. Sec. 8. A new section is added to chapter 19.27A RCW to read as follows:

This chapter does not apply to the construction of housing for farm workers and their families if the local governing body has adopted standards under section 7 of this act.

NEW SECTION. Sec. 9. To carry out sections 2 and 3 of this act, the sum of two hundred fifty thousand dollars, or so much thereof as may be necessary, is appropriated to the department of community development from the state general fund for the biennium ending June 30, 1989. No more than five percent of this appropriation may be spent on administering this act by the department.

NEW SECTION. Sec. 10. This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.