SENATE 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.

Senate Committee on Agriculture

Senate Hearing Date(s):January 26, 1990

Majority Report:     That Substitute Senate Bill No. 6780 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways & Means.

     Signed by Senators Barr, Chairman; Anderson, Vice Chairman; Bailey, Gaspard, Hansen, Madsen, Newhouse.

Senate Staff:John Stuhlmiller (786-7446)

                January 26, 1990

Senate Committee on Ways & Means

Senate Hearing Date(s):February 5, 1990; February 6, 1990

Majority Report:     That Second Substitute Senate Bill No. 6780 be substituted therefor, and the second substitute bill do pass.

     Signed by Senators McDonald, Chairman; Craswell, Vice Chairman; Amondson, Bailey, Bauer, Bluechel, Cantu, Fleming, Gaspard, Hayner, Johnson, Lee, Newhouse, Niemi, Saling, Smith, Talmadge, Williams, Wojahn.

Senate Staff:Mary Poole (786-7613)

                March 2, 1990

House Committe on Housing

Rereferred House Committee on Appropriations

AS PASSED SENATE, FEBRUARY 10, 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 generate standards for farmworker housing and the necessary procedures for the inspection of that housing.  The Department of Health administers the inspection program for the Board of Health.  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 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 two years.  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 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 Employment Security 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 Board of Health is directed to use 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.  Also, the agreement shall develop a central information center for public information.  A report on progress will be made to the Legislature by January 1, 1991.

A Farmworker Housing Inspection Fund is created.  Annual licensing fees are set at $50 for labor camps with six or less units, and $75 for those with over six units, with monies to be deposited into the farmworker housing inspection fund.

The State Building Code Council is directed to adopt thermal performance standards for seasonal housing.

Appropriation:  none

Revenue:   yes

Fiscal Note:    requested

Senate Committee - Testified:   AGRICULTURE:  Ted Riley, Department of Labor & Industries; Byron Plan, Department of Health

HOUSE AMENDMENT:

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 Department of Community Development is directed to work with the Departments of Natural Resources, Transportation, and General Administration to identify and catalog underutilized state-owned land and property for possible leases.  The Department of Community Development is authorized to work with local governing bodies and nonprofit organizations in securing long-term leases for the purpose of siting farmworker housing.

Counties are authorized to lease property for the purpose of siting seasonal or migrant farmworker housing for terms of up to 75 years.

$125,000 is appropriated from the general fund:  $65,000 to the Department of Community Development to develop model plans and construction manuals for farmworker housing; and $60,000 to the Department of Health to administer the agricultural labor camp inspection program.