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 a new chapter to Title 70 RCW; making an appropriation; and declaring an emergency.

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

NEW SECTION. Sec. 1. This chapter 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; 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; and that it is the intent of the legislature to aid, through grants, loans, and technical assistance to any eligible organization or individual in the state, in providing shelter and related facilities to migrant and seasonal farm workers.

NEW SECTION. Sec. 3. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

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

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

(3) "Farm worker" means a migrant or seasonal farm worker as defined by the employment security department.

(4) "Low-income farm worker" means a farm-worker household whose annual income is below eighty percent of median income, adjusted annually by the United States department of housing and urban development.

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

(6) "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.

(7) "Person" means any individual, firm, partnership, corporation, or association, or the legal successor thereof.

(8) "Grower-provided housing" means housing provided or rented by a person to low-income farm workers as a condition of employment.

(9) "Eligible individuals" means a person or operator of grower-provided farm-worker housing.

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

NEW SECTION. Sec. 4. (1) The department may make grants to local governing bodies and nonprofit organizations to offset the increased demand for shelter space or food caused by unemployed migrant farm workers who have come to this state to perform seasonal farm work but who, because the supply of farm workers has exceeded the demand for farm workers, have been unable to find employment. Activities eligible for assistance include:

(a) Providing short-term facility based shelter service or vouchers to obtain shelter.

(b) Providing short-term food assistance.

(2) Before any grants provided under this section may be made, the department shall require the recipient to provide a certification from the legislative body of the local governing body that finds that existing resources are inadequate to meet the demand for shelter and food services caused by the influx of farm workers who can not find employment.

NEW SECTION. Sec. 5. The department may make grants and may provide model construction plans, as provided in section 9 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 chapter.

NEW SECTION. Sec. 6. (1) The department may make loans or grants to local governing bodies and nonprofit organizations and loans to eligible individuals.

(2) Loans 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 provided under this section shall be used solely for the rehabilitation, construction, or acquisition of housing that is affordable for low-income farm workers and their families.

(4) 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.

(5) 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 or rehabilitated with the grant be occupied, utilized, maintained, and operated for at least twenty years.

(6) 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.

(7) 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 constructed, rehabilitated, or acquired is located.

(b) Not exceed fifty percent of the amount necessary to rehabilitate that housing in order to bring the housing into compliance with the requirements of the state standards for temporary worker housing.

(d) Require the recipient of the loan 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 under this section for at least the term of the loan.

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

NEW SECTION. Sec. 7. The department may make grants to local governing bodies or nonprofit organizations to provide operating cost subsidies for migrant centers and migrant 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. 8. (1) The department shall accept applications for assistance on an ongoing basis.

(2) The department, in awarding funds under this chapter, shall give preference to applications based on 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 with related services for low-income farm workers; and

NEW SECTION. Sec. 9. 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. 10. The director shall monitor the activities of recipients of grants and loans under this chapter 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. 11. 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. 12. The farm-worker housing fund is hereby established in the custody of the state treasurer. All principal and interest payments received on loans made under section 6 of this act shall be deposited in the fund. Moneys in the fund may be spent only for loans and grants under this chapter. Disbursements from the fund shall be on authorization of the director of community development or the director's designee. The fund is subject to the allotment procedure provided under chapter 43.88 RCW, but no appropriation is required for disbursements.

NEW SECTION. Sec. 13. 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 chapter. 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 chapter.

NEW SECTION. Sec. 14. The department may adopt rules under chapter 34.04 RCW regarding the grant and loan process and the substance of eligible projects, consistent with this chapter.

NEW SECTION. Sec. 15. If any part of this chapter is found to be in conflict with federal requirements which are a prescribed condition to the allocation of federal funds, the conflicting part of this chapter 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 chapter in its application to the agencies concerned. The rules under this chapter shall meet federal requirements which are a necessary condition to the receipt of federal funds.

NEW SECTION. Sec. 16. 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 temporary farm- worker housing, developed by the United States department of agriculture, farmers home administration, apply to the construction of temporary 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 temporary 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. 17. A new section is added to chapter 19.27A RCW to read as follows:

This chapter does not apply to the construction of temporary housing for farm workers and their families if the local governing body has adopted standards under section 16 of this act.

NEW SECTION. Sec. 18. To carry out this act, the sum of three million five hundred 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. This appropriation is subject to the following limitations and conditions:

(1) Not less than one hundred thousand dollars for the purpose of making grants to eligible organizations to respond to demands for emergency shelter and food during peak harvest periods;

(2) Not less than two hundred fifty thousand dollars for the purpose of making technical assistance grants to eligible organizations for the development of permanent or temporary housing alternatives;

(3) Not less than two million four hundred thousand dollars for the purpose of making grants or loans to eligible individuals or organizations for the rehabilitation or construction of permanent or temporary housing units; and

(4) Not less than six hundred thousand dollars for the purpose of making grants to eligible organizations for migrant center operating subsidies and for other costs of administering the farm-worker housing program, except that such other costs may not exceed one hundred thousand dollars.

NEW SECTION. Sec. 19. Sections 1 through 15 of this act shall constitute a new chapter in Title 70 RCW.

NEW SECTION. Sec. 20. 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.