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; creating new sections; making an appropriation; providing an expiration date; and declaring an emergency.

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

NEW SECTION. Sec. 1. This act may be known and cited as the farm-worker housing act of 1988.

NEW SECTION. Sec. 2. 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; and 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. 3. Unless the context clearly requires otherwise, the definitions in this section apply throughout this act.

(1) "Department" means the department of community development.

(2) "Director" means the director of community development.

(3) "Farm worker" shall be defined by the department by rule.

(4) "Local governing body" means a city, town, county, or any combination as co-applicants.

(5) "Nonprofit organization" means a public housing authority created under RCW 35.82.030 or a not-for-profit corporation as defined in RCW 24.03.005 and as further defined by the department by rule.

(6) "Eligible recipient" means a local governing body or a nonprofit organization.

NEW SECTION. Sec. 4. The department may make grants and may provide model construction plans, as provided in section 6 of this act, to local governing bodies and nonprofit organizations 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 act.

NEW SECTION. Sec. 5. (1) The department shall accept applications for assistance to the extent that money is available and that grants can be made prior to the expiration date of this section.

(2) The department, in awarding funds under this act, shall give preference to applications based on but not limited to the following criteria:

(a) The degree of leveraging of other funds that will occur, including land donations, in-kind contributions, or infrastructure improvements;

(b) Projects, where appropriate, that provide off-farm housing opportunities and may include related services for low-income farm workers; and

NEW SECTION. Sec. 6. 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. 7. The director shall monitor the activities of recipients of grants and loans under this act to determine compliance with the terms and conditions set forth in its application or stated by the department in connection with the grant or loan.

NEW SECTION. Sec. 8. 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 act and expend the same or any income therefrom according to the terms of the gifts, grants, or endowments.

NEW SECTION. Sec. 9. The director shall include, in the director's annual report to the governor and legislature, a report on the progress and status of the programs authorized in this act. Such report shall include but need not be limited to the results of the individual projects funded, number of persons served, and recommendations for improvement of the programs authorized in this act.

NEW SECTION. Sec. 10. The department may adopt rules necessary to carry out the purposes of this act regarding the grant and loan process and the substance of eligible projects.

NEW SECTION. Sec. 11. If any part of this act is found to be in conflict with federal requirements which are a prescribed condition to the allocation of federal funds, the conflicting part of those sections is hereby declared to be inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and such finding or determination shall not affect the operation of the remainder of this act in its application to the agencies concerned. The rules under this act shall meet federal requirements which are a necessary condition to the receipt of federal funds.

NEW SECTION. Sec. 12. 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. 13. 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 12 of this act.

NEW SECTION. Sec. 14. To carry out section 4 of this act, the sum of two hundred fifty thousand dollars, or as 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 amount may be spent on administration.

NEW SECTION. Sec. 15. Sections 1 through 11 of this act shall expire on July 1, 1989.

NEW SECTION. Sec. 16. 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.