HOUSE BILL REPORT

E2SHB 1301

BYHouse Committee on Ways & Means/Appropriations (originally sponsored by Representatives Nutley, Leonard, Rayburn, J. Williams, Wang, Grant, R. King and Unsoeld)

Providing for farm-worker housing.

House Committe on Housing

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (5)

      Signed by Representatives Nutley, Chair; Leonard, Vice Chair; Armstrong, Todd and Wineberry.

Minority Report:  Do not pass.  (4)

      Signed by Representatives J. Williams, Barnes, Padden and Sanders.

House Staff:Kenny Pittman (786-7392)

Rereferred House Committee on Ways & Means/Appropriations

Majority Report:  The second substitute be substituted therefor and the second substitute bill do pass.  (20)

      Signed by Representatives Locke, Chair; Belcher, Braddock, Brekke, Bristow, Butterfield, Ebersole, Grant, Grimm, Hine, Holland, McLean, Nealey, Peery, Silver, H. Sommers, Spanel, Sprenkle, Wang and B. Williams.

House Staff:      Susan Kavanaugh (786-7136)

AS PASSED HOUSE FEBRUARY 15, 1988

BACKGROUND:

Agriculture is a major industry in the state of Washington. The harvesting of labor intensive crops, such as apples, cherries, and asparagus, require large numbers of farm-workers. The majority of this labor force consists of out-of-state workers or workers from areas beyond reasonable commuting distances to the work site.

In November, 1987 the State Board of Health, Farm-worker Housing Work/Study Group released its preliminary report on farm-worker housing.  The recommendations of the work/study group covered five areas: (1) farm-worker housing; (2) housing initiatives; (3) health effects and health surveillance; (4) regulatory agencies; and (5) education.

The work/study group recommended that the development of housing for migrant farm-workers should be the responsibility of the federal government, the state, and the agricultural community.  A second recommendation was that requirements contained in the State Building Code are excessive, when applied to the construction of housing for migrant farm-workers, and should be sensitive to the seasonal occupancy of the housing.

The Washington Housing Trust Fund (Trust Fund) was created in 1986 to assist in meeting the basic housing needs of low-income persons, persons in rural areas, and persons with special housing needs, which includes housing for migrant farm-workers.  The Department of Community Development (DCD) is responsible for the administration of the housing trust fund program.

The purpose of the State Building Code is to provide a uniform set of performance standards for the construction of structures within the state.  Cities and counties are authorized to amend the State Building Code, but the amendments cannot result in a standard that is less than the performance standards adopted by the state.

SUMMARY:

The Department of Community Development (DCD) is directed to assist in development or preservation of housing for migrant farm-workers.

Technical Assistance

DCD is authorized to provide grants to local governing bodies and nonprofit organizations to increase their ability to develop permanent and temporary housing alternatives for farm-workers. The grants may be used to cover: (a) technical assistance (such as design, finance and consultation services) and related administrative costs and/or (b) administrative costs necessary to increase access to other funding sources.

DCD is authorized to develop and make available to interested parties, model construction plans for farm-worker housing including, but not limited to campgrounds, dormitory housing, family housing, and recreational vehicle parks.

$250,000 is appropriated to the Department of Community Development for technical assistance.

Loans and Grants for Migrant Farm-worker Housing

Provisions of the Washington State Housing Trust Fund are clarified to allow DCD to make (a) loans and/or grants to local governing bodies and nonprofit organizations, as defined by the department, by rule, (b) loans to eligible organizations, as defined by the department, by rule, and (c) operating subsidies for the operation of migrant centers or migrant farm-worker housing.  for the development or preservation of temporary or permanent housing affordable to migrant farm-workers and their families.

Grants to local governing bodies and nonprofit organizations, for the development or preservation of migrant farm-worker housing, can not (a) exceed fifty percent of the project costs or (b) be used for project organization or planning costs.

Loans to local governing bodies and nonprofit organizations, for the development or preservation of migrant farm-worker housing, can not exceed eighty percent of the project costs.

Loans to eligible individuals, for the preservation of migrant farm-worker housing can not (a) exceed fifty percent of the project costs, (b) exceed an interest rate of seven percent per annum.

Grants to local governing bodies and nonprofit organizations, for operating subsidies for migrant farm-worker housing, can not exceed the minimum amount necessary to maintain the units at rates affordable to migrant farm-workers.

The project rating criteria in the housing trust fund will apply to projects that request funding for housing for migrant farm- workers and their families.  DCD is authorized to establish additional terms, rates, and conditions for the loans and grants.

Building Code Exemption

The State Building Code Council (SBCC) may adopt, by rule, its own construction and thermal performance construction standards for housing that is (a) occupied for less than six months per year and (b) occupied solely by farm-workers.  If such standards are adopted, then the local governing body must comply with the construction standards adopted by the SBCC.

If the SBCC does not adopt its own construction and thermal performance standards, the local governing body may adopt the federal Farmers Home Administration (FmHA) construction and thermal performance construction standards for migrant farm- worker housing.

If the SBCC has adopted its own construction and thermal performance standards or the local governing body has adopted the FmHA construction and thermal performance construction standards, then the State Energy Code standards do not apply.

Appropriation:    $250 thousand to the Department of Community Development.

Fiscal Note:      Requested January 20, 1988.

Effective Date:The bill contains an emergency clause and takes effect immediately.

House Committee ‑ Testified For:    (Housing)  Frank Delong, Washington State Horticultural Association; Rebecca Smith, Evergreen Legal Services; Billie Heath, Rural Community Assistance Corporation; and Hector Gonzalez, Washington State Commission on Hispanic Affairs.

(Ways & Means/Appropriations)  Representative Busse Nutley; Phil Kaplan, Washington Poverty Law Advocates.

House Committee - Testified Against:      (Housing)  None Presented.

(Ways & Means/Appropriations)  None Presented.

House Committee - Testimony For:    (Housing)  The agricultural industry supports the concept of the bill.  The need for low interest, long-term loans for construction of new housing and rehabilitation of existing on-farm housing for seasonal farm-workers is clear.  Off-farm housing should be the priority of state funding and away from temporary solutions, such as tent camps, for farm-workers. This approach, with its flexible funding, is what is needed to respond to the unique housing needs of the seasonal and migrant farm-worker population.

(Ways & Means/Appropriations)  Given the new immigration laws, decent housing is needed to attract migrant farmworkers to the state.  Currently, five different agencies have farmworker housing regulations.  This has created confusion and needed housing is not being built.  This bill would provide access to federal funds for farmworker housing.  The programs under this bill will alleviate human suffering.

House Committee - Testimony Against:      (Housing)  None Presented.

(Ways & Means/Appropriations)  None Presented.