BP BHEAD INT S

AN ACT Relating to farmworker housing; amending RCW 43.70.330, 43.70.340, and 70.54.110; and adding new sections to chapter 70.54 RCW.

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

NEW SECTION. Sec. 1. Unless the context clearly requires otherwise, the definitions in this section apply throughout sections 2 and 3 of this act.

(1) "Agricultural employee" has the same meaning as is given that term in RCW 19.30.010(5).

(2) "Department" means the Washington state department of health.

(3) "Farmworker housing" means all facilities for housing agricultural workers, regardless of size, provided by the operator on a year-round or seasonal basis, including individual sites or spaces for worker-supplied housing, bathing, foodhandling, handwashing, laundry, and toilet facilities, dwelling units, and dormitories. "Farmworker housing" does not include housing regularly provided on a commercial basis to the general public, that is provided to agricultural workers on the same terms and conditions as it is provided to the general public.

(4) "Farmworker housing site" means farmworker housing facilities that are located at the same address.

(5) "Level I violations" means, at a minimum, violations of board of health rules that deprive workers of either water or potable water, or both, heat during times of year where artificial heating is required, electricity, proper sewage disposal, functioning bathrooms, or the presence of conditions imminently hazardous to health. The department shall have authority to establish additional level I violations.

(6) "License" means a permit issued on an annual basis to the operator of farmworker housing by the department of health. Each license shall be valid only through December 31 of the year in which it is issued.

(7) "Operator" means the owner, grower, employer, manager, or any other person who owns or controls farmworker housing. "Operator" does not include public or private nonprofit agencies who own or manage farmworker housing that is publicly financed and monitored.

NEW SECTION. Sec. 2. Whenever it is appropriate to make an inspection to enforce the provisions of this chapter or rules adopted pursuant to this chapter, the department's authorized representatives may enter farmworker housing at all reasonable times. If the farmworker housing is occupied, the representative shall first make a reasonable effort to locate the tenant and request entry. If an operator refuses entry to an occupied or unoccupied camp, the application for a license shall be deemed withdrawn, or any current license revoked.

NEW SECTION. Sec. 3. (1) No operator of a farmworker housing site shall house agricultural employees without first obtaining a license from the department. Each operator of farmworker housing shall apply for a license to operate each farmworker housing site each year forty-five days prior to occupancy. In the case of farmworker housing occupied on a year-round basis, application shall be made forty-five days prior to expiration of an existing license.

(2) Each operator shall certify on the application form, that the farmworker housing site will be kept fit for human habitation and will be maintained in full compliance with all applicable statutes, codes, ordinances, and rules, including rules of the state board of health.

(3) Each operator shall certify on the application form, that he or she has tested the water at the farmworker housing site and that it has been found by a department-certified laboratory to satisfy the requirements of chapter 246-290 WAC. The operator shall further certify that, if required, he or she has registered as a purveyor of water pursuant to chapter 246-290 WAC. Proof of satisfactory results of a bacteriological water quality test shall accompany the application.

(4) If the department finds that an operator has allowed his or her farmworker housing site to be occupied by agricultural workers without obtaining a license, the department shall assess civil money penalties in an amount equal to the license fee plus one thousand dollars. If the department finds a second violation over the course of a five-year period, it shall assess civil monetary penalties in an amount not less than the license fee plus two thousand dollars.

(5) Further licensing procedures may be established by the department by rule.

Sec. 4. RCW 43.70.330 and 1990 c 253 s 2 are each amended to read as follows:

(1) The department of health shall be the primary inspector of ((~~labor camps and~~)) farmworker housing for the state of Washington((~~: PROVIDED, That the department of labor and industries shall be the inspector for all farmworker housing not covered by the authority of the state board of health~~)).

(2) The department of health, the department of labor and industries, the department of community, trade, and economic development, the state board of health, and the employment security department shall develop an interagency agreement defining the rules and responsibilities for the inspection of farmworker housing. This agreement shall recognize the department of health as the primary inspector of labor camps for the state, and shall further be designed to provide a central information center for public information and education regarding farmworker housing. The agencies shall provide the legislature with a report on the results of this agreement by January 1, 1991.

(3) The department shall inspect each farmworker housing site yearly prior to issuing a license and within the forty-five day time limit set by section 3(1) of this act. The department shall conduct an inspection during occupancy of not less than twenty-five percent of licensed farmworker housing yearly pursuant to guidelines it establishes.

(4) The department shall not issue licenses to an operator of a farmworker housing site where inspection has found a violation of the board of health's rules. The department shall, in these cases, issue a notice to comply. A license may not be issued until the department has received satisfactory proof that the farmworker housing is in compliance with the board of health's rules. In all cases where the department's initial inspection finds a level I violation of board of health rules, a second inspection shall be made.

(5) If the department inspects a licensed farmworker housing site and finds violations of the board's rules, it shall issue a notice to the operator with a compliance schedule according to the following timetable:

(a) Not more than twenty-four hours, where the defective condition deprives the agricultural worker of hot or cold water, heat, or electricity, or is imminently hazardous to health;

(b) Not more than seventy-two hours, where the defective condition deprives the agricultural worker of a major gas, electrical, or plumbing fixture supplied by the operator or is hazardous to health; and

(6) In addition to other criminal and civil penalties established by law, the department shall have authority to assess civil monetary penalties for violations of the board of health's rules that remain uncorrected after notice and a compliance schedule has been set up. These shall be one hundred dollars per day for each day of level I violations. The department may establish other penalty schedules for other violations.

(7) The department shall revoke the license of operators for uncorrected level I violations of the rules. The department shall also have authority to revoke the license of an operator for other uncorrected violations of the rules. When the department has revoked an operator's license, the operator shall be responsible for locating and paying for substitute housing for its agricultural workers through the end of the period for which they are employed.

(8) The department shall also have authority to waive civil monetary penalties upon proof that the operator has repaired the violations. Where necessary, the department shall refer agricultural employers to financing sources for repair or rehabilitation of labor camps.

Sec. 5. RCW 43.70.340 and 1990 c 253 s 3 are each amended to read as follows:

(1) The farmworker housing inspection fund is established in the custody of the state treasury. The department of health shall deposit all funds received under subsection (2) of this section and from the legislature to administer a ((~~labor camp~~)) farmworker housing inspection program conducted by the department of health. Disbursement from the fund shall be on authorization of the secretary of health or the secretary's designee. The fund is subject to the allotment procedure provided under chapter 43.88 RCW, but no appropriation is required for disbursements.

(2) There is imposed a fee on each operating license issued by the department of health to every operator of a ((~~labor camp that is regulated by the state board of health~~)) farmworker housing site. The fee paid under this subsection shall include all necessary inspection of the units to ensure compliance with applicable state board of health rules on ((~~labor camps~~)) farmworker housing.

((~~(a) Fifty dollars shall be charged for each labor camp containing six or less units.~~

~~(b) Seventy-five dollars shall be charged for each labor camp containing more than six units.~~))

(3) The ((~~term of the operating license and the application procedures shall be established, by rule, by the department of health~~)) department may, periodically by rule, increase the fees charged for inspections to comply with subsection (2) of this section.

The fee shall be not less than one hundred dollars per farmworker housing site containing six or less units, and not less than one hundred seventy-five dollars for each farmworker housing site containing six to ten units or dormitories housing up to twenty-five people. For farmworker housing sites with more than ten units or housing more than twenty-five people, the fee shall be not less than two hundred twenty-five dollars.

Sec. 6. RCW 70.54.110 and 1990 c 253 s 4 are each amended to read as follows:

The state board of health shall develop rules for ((~~labor camps~~)) farmworker housing, which shall include as a minimum the standards developed under the Washington industrial safety and health act in chapter 49.17 RCW as relates to sanitation and temporary ((~~labor camps~~)) farmworker housing.

((All new housing and new construction together with the land areas appurtenant thereto which shall be started on and after May 3, 1969, and is to be provided by employers, growers, management, or any other persons, for occupancy by workers or by workers and their dependents, in agriculture, shall comply with the rules and regulations of the state board of health pertaining to labor camps.))

NEW SECTION. Sec. 7. Sections 1 through 3 of this act are each added to chapter 70.54 RCW.