HOUSE BILL REPORT
2SHB 1663
BYHouse Committee on Housing (originally sponsored by Representatives Nutley, Winsley, Leonard, Ballard, Anderson, Jacobsen, Locke, O'Brien, Prentice, Sayan, Wineberry, Ebersole, Brekke, Rust, Nelson and Rector)
Enacting the farmworker housing act.
House Committe on Housing
Majority Report: The second substitute bill be substituted therefor and the second substitute bill do pass. (9)
Signed by Representatives Nutley, Chair; Leonard, Vice Chair; Winsley, Ranking Republican Member; Anderson, Ballard, Inslee, Padden, Rector and Todd.
House Staff:Kenny Pittman (786-7392)
Rereferred House Committee on Appropriations
Majority Report: The second substitute bill by Committee on Housing be substituted therefor and the second substitute bill do pass. (23)
Signed by Representatives Locke, Chair; Grant, Vice Chair; Silver, Ranking Republican Member; Appelwick, Belcher, Bowman, Braddock, Brekke, Dorn, Ebersole, Hine, Inslee, May, McLean, Padden, Peery, Rust, Sayan, Spanel, Sprenkle, Valle, Wang and Wineberry.
Minority Report: Do not pass. (3)
Signed by Representatives Youngsman, Assistant Ranking Republican Member; Doty and Nealey.
House Staff: Susan Nakagawa (786-7145)
AS PASSED HOUSE FEBRUARY 9, 1990
BACKGROUND:
Agriculture is a major industry in the state of Washington. The harvesting of labor intensive crops, such as apples, cherries, and asparagus, requires large numbers of laborers. The majority of this labor force consists of workers that come from other states (inter-state) and workers that live in the state, but live in areas beyond normal commuting distances from their place of work (intra- state).
Historically, the vast majority of housing for both interstate and intrastate farmworkers was provided by the individual grower that employed the farmworker. Based on a 1988 state Board of Health report on farmworker housing needs, it appears that the increase in the number of interstate and intrastate farmworkers has grown faster than the amount of available housing.
Currently, there is limited funding available through the U.S. Department of Agriculture's Farmers Home Administration (FmHA) to local governments, nonprofit organizations, and growers for the development of housing for farmworker. Financial assistance through the state's Housing Trust Fund is limited to local governments and nonprofit organizations.
The inspection of housing for agricultural workers (labor camps) has been the responsibility of the state Department of Health. To cover the cost of this service, the Department of Health imposes a fee on housing provided by employers, growers or any other person that is used for occupancy by workers or workers and their dependents in agriculture. The fee imposed by the Department of Health must cover the costs of inspecting and certifying that the housing meets the state Board of Health's rules and regulations pertaining to labor camps.
SUMMARY:
I. The state Department of Community Development (DCD) is required to develop a comprehensive program of financial and technical assistance for the development and preservation of housing affordable to farmworkers.
1. Grants for Technical Assistance
The Department of Community Development is authorized to make grants to local governing bodies and nonprofit organizations to increase their access to other funding sources and ability to develop housing for farmworkers. The funds may be used to cover either project specific costs such as design or administrative costs necessary to increase access to other funding source, or both.
2. Loans and Grants for Housing Affordable to Farmworkers
The Department of Community Development is authorized to make either loans or grants or both to local governing bodies, nonprofit organizations for the development or rehabilitation of housing for farmworkers and loans only to eligible growers for the rehabilitation of housing for farmworkers.
Grant amounts are limited to a maximum of fifty percent of the project costs or be used for the organizational or planning costs. Loans cannot exceed eighty percent of the project costs or exceed interest rates tied to federal treasury bond yields.
Loans and grants to local governing bodies and nonprofit organizations require that: (a) the housing be occupied, utilized, maintained, and operated for low-income farmworkers as long as the housing is needed; (b) the housing be available for occupancy by all eligible farmworkers; (c) the applicant meet the need criteria established by DCD, and (d) the housing must be inspected, licensed, and comply with applicable governmental regulations.
Loans to eligible growers require that: (a) the housing be occupied, utilized, maintained, and operated for at least the term of the loan for farmworkers; (b) the housing be in need of rehabilitation, and (c) the housing must be inspected, licensed, and comply with applicable governmental regulations.
3. Grants for Operating Subsidies
The Department of Community Development is authorized to make grants to local governing bodies and nonprofit organizations to assist in the operation of farmworker housing centers or housing for farmworkers.
Priorities for Awarding Loans and Grants
The Department of Community Development is directed to accept applications for assistance and may make awards on a quarterly basis. Funding awards are to be based on a priority to fund projects that increase the supply of housing that is available to all migrant and seasonal farmworkers.
II. General Provisions
The Department of Community Development is authorized to: (a) adopt and amend regulations concerning the operation of the program; (b) contract for services necessary to operate the farmworker housing programs; (c) require financial information necessary to make either loan or grant decisions, and (d) develop guidelines to allow housing developers under this act to be used by non- farmworkers on an emergency basis for short periods of occupancy.
All repayments of principal and interest shall be deposited into the Washington Housing Trust Fund. The moneys deposited into the Washington Housing Trust Fund can be used only for loan or grants to support the development of farmworker housing.
III. Model Plans and Construction Manuals
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.
IV. Inventory of State-Owned Land
The Department of Community Development is directed to work with the Departments of Natural Resources, Transportation, and General Administration to identify and catalog under-utilized state-owned land and property for possible lease. DCD is authorized to work with local governing bodies and nonprofit organizations in securing long term leases for the purpose of siting farmworker housing.
V. Lease of County-Owned Land
Counties are authorized to lease its property for the purpose of siting seasonal or migrant farmworker housing. Lease terms up to 75 years are provided.
VI. Agriculture Labor Camp Inspection Program
Directs the state Department of Health to impose a flat fee for operating licenses issued for each labor camp. The fee is based on the number of housing units in the labor camp. Labor camps containing six or less housing units will be charged a fee of $50 and $75 for labor camps containing more than six housing units. The fee is paid by the operator of the labor camp and includes all necessary inspections by the Department of Health to ensure the units are in compliance with applicable federal and state rules on labor camps.
Appropriation: $125,000 is appropriated from the general fund for the biennium ending June 30, 1991: $75,000 to the Department of Community Development to develop model plans and construction manuals for farmworker housing; and $50,000 to the Department of Health to administer the agricultural labor camp inspection program.
Fiscal Note: Available.
Effective Date:The act contains an emergency clause and takes effect immediately.
House Committee ‑ Testified For: (Housing) Byron Plan, Department of Health.
(Appropriations) Representative Busse Nutley, Chair, Housing Committee.
House Committee - Testified Against: (Housing) No one.
(Appropriations) No one.
House Committee - Testimony For: (Housing) The Department of Social and Health Services was opposed to this legislation last year due to the lack of funding in the bill. The state monies provided in this bill would provide needed funds to administer the agricultural labor camp inspection program.
(Appropriations) Assistance to provide farmworker housing is necessary; a large unmet need exists.
House Committee - Testimony Against: (Housing) None.
(Appropriations) None.