SENATE BILL REPORT

SB 6780

BYSenators 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)

                February 7, 1990

AS REPORTED BY COMMITTEE ON WAYS & MEANS, FEBRUARY 6, 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.  An appropriation of $50,000 is made to provide for the costs of inspection not covered under the new fee system.

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

EFFECT OF PROPOSED SUBSTITUTE:

The appropriation is increased to $60,000.

EFFECT OF PROPOSED SECOND SUBSTITUTE:

The appropriation of $60,000 is removed.

Appropriation:  none

Revenue:   yes

Fiscal Note:    requested

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