Bill Text: CA AB2240 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Farm labor centers: migratory agricultural workers.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Passed) 2024-09-24 - Chaptered by Secretary of State - Chapter 523, Statutes of 2024. [AB2240 Detail]

Download: California-2023-AB2240-Amended.html

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Amended  IN  Assembly  May 16, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 2240

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Introduced by Assembly Member Arambula
(Principal coauthor: Assembly Member Robert Rivas)
(Coauthors: Assembly Members Kalra and Reyes) Garcia, Kalra, Reyes, and Soria)

February 08, 2024

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An act to amend Sections 36069 and Section 50710.1 of, to add Sections 36054.5 and 50710.3 to, and 36054.5, 50710.3, and 50710.6 to, to repeal Section 50716 of, and to repeal and add Section 36069 of, the Health and Safety Code, relating to housing.

LEGISLATIVE COUNSEL'S DIGEST

AB 2240, as amended, Arambula. Farm labor centers: migratory agricultural workers.

Existing law, the Farm Labor Center Law, authorizes a housing authority to acquire, own, operate, construct, reconstruct, repair, replace, maintain, and dispose of a farm labor center, as defined, due to the need to assemble, domicile, and house persons and families engaged in agricultural work. Existing law also authorizes a housing authority to arrange and contract for the furnishing of services, privileges, works, or facilities for or in connection with its farm labor center, as specified. Existing law prohibits a housing authority that operates a farm labor center from limiting an agricultural worker’s housing unit occupancy period to less than 270 days if the Director of Agriculture certifies that there are seasonal crops that would keep those workers in the immediate area for that period of time.

This bill instead would prohibit the housing authority from limiting the occupancy period, unless approved by the Department of Housing and Community Development. require all housing units at farm labor centers operated by housing authorities to be made available for occupancy year-round by migratory farmworkers by January 1, 2031, pursuant to a 6-year transition plan to be developed and implemented by the Department of Housing and Community Development based on reports required to be submitted by farm labor centers. The bill would also impose various requirements and prohibitions on housing authorities, including developing community outreach that provides information regarding year-round housing accessibility. By imposing additional restrictions on a housing authority with regard to operating a farm labor center, this bill would impose a state-mandated local program.

This bill would require the department to conduct an annual inspection of each farm labor center to determine whether health, safety, and infrastructure standards are properly met.

This bill would impose various restrictions on housing authorities’ operation of housing units at farm labor centers with regard to farmworkers. In this regard, the bill would, among other things, prohibit requiring farmworkers with schoolage children to move out of their housing during the child’s school year or in a time or manner that is disruptive to the child’s academic year.

Existing law requires the Department of Housing and Community Development, through its Office of Migrant Services, to assist in the development, construction, reconstruction, rehabilitation, or operation of migrant farm labor centers, as provided. Existing law authorizes the Director of Housing and Community Development to contract with specified local public and private entities, including school districts and housing authorities, for the procurement or construction of housing or shelter and to obtain specified services, including education, for migratory agricultural workers. Existing law authorizes a migrant farm labor center subject to these contracts to be operated for an extended period prior to or beyond the standard 180-day period, but not to exceed 275 days in any calendar year, if certain conditions are satisfied. Those conditions include households representing 25% of the units signing a specified petition to the local entity, and the department approving the extension after considering certain factors. Those considerations include, among others, whether there are competing demands for the use of the center’s facilities, and whether there is adequate documentation of a need for residents of the center to continue work in the area.

This bill would remove the 275-day limitation on the operating period, and would remove the above-described petition requirement. The bill would also remove the above-specified factors from the department’s considerations in approving the extension. requirement, and the conditions for operating the migrant farm labor center for an extended period. Instead, the bill would require migrant farm labor centers to be operated year-round. The bill would also prohibit rents from being increased above the rents charged during the year-round occupancy period and would prohibit rent during that period from exceeding the average daily operating cost of the center. The bill would also create various rights for migrant farmworkers, including that they will not lose their residency based on leaving the housing center to travel. The bill would modify related findings and declarations.

This bill would define “migratory agricultural worker” and “migratory farmworker” for purposes of the Farm Labor Center Law and the above-described provisions governing the department’s assistance with regard to migrant farm labor centers.

This bill would apply its provisions described above to a contract entered into, amended, or extended on or after January 1, 2025.

Existing law requires the department to make the Office of Migrant Services centers available for rent by persons or families experiencing economic hardships or rendered homeless or at risk of becoming homeless as a result of a drought for which the Governor declared a state of emergency on January 17, 2014.

This bill would repeal those provisions.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 36054.5 is added to the Health and Safety Code, to read:

36054.5.

 (a) “Migratory agricultural worker” or “migratory farmworker” means a person who meets both of the following conditions:

(1) Has either of the following employment statuses:

(A) During the current or preceding calendar year, derived at least 50 percent of their total annual household earned income from agricultural employment.

(B) Can produce current evidence of a current job offer in agricultural employment.

(2) Performs, has performed, or will perform agricultural labor during the current or preceding calendar year under conditions that require round-trip travel exceeding 100 miles per day such that they were unable to return to their chosen place of residence within the same day of labor.

(b) This section shall apply to a contract entered into, amended, or extended under this part on and after January 1, 2025.

SEC. 2.Section 36069 of the Health and Safety Code is amended to read:

36069.

(a)No housing authority operating a farm labor center shall limit the period of occupancy of housing units therein by agricultural workers, unless approved by the Department of Housing and Community Development.

(b)The amendments made to this section by the act adding this subdivision shall only apply to a contract entered into, amended, or extended under this part on or after January 1, 2025.

SEC. 2.

 Section 36069 of the Health and Safety Code is repealed.

36069.

No housing authority operating a farm labor center shall limit the period of occupancy of housing units therein by agricultural workers to less than 270 days, if the Director of Agriculture certifies that there are seasonal crops that would keep such workers in the immediate area for such period of time.

SEC. 3.

 Section 36069 is added to the Health and Safety Code, to read:

36069.

 (a) (1) All housing units at farm labor centers operated by housing authorities shall be made available for occupancy year-round by migratory farmworkers by January 1, 2031, pursuant to Section 50710.6.

(2) Local housing authorities shall develop community outreach that provides information regarding year-round housing accessibility to be delivered in culturally and linguistically appropriate manners through video, audio, or written materials, or other appropriate means in collaboration with promoters or trusted messengers.

(3) Local housing authorities shall maintain heating, cooling, clean water, sewer pond capacity, garbage, and other systems necessary for the safety and viability of the units.

(4) In order to minimize disruption to the school attendance of the schoolage children, when awarding units, farm labor centers shall not condition residency on the willingness of a potential tenant to occupy a unit year-round or preference year-round residents over farmworkers.

(b) (1) Farmworkers with schoolage children shall not be required to move out of their housing during the child’s school year or in a time or manner that is disruptive to the child’s academic year.

(2) Farmworkers who have entered into a prior residential tenancy agreement for housing at a farm labor center at any time prior to January 1, 2026, shall have the right to return to a center for housing regardless of whether or not a unit is available for occupancy year-round.

(3) Farmworkers selected for occupancy in a unit operated by a farm labor center after January 1, 2026, shall have a right of first refusal to occupy any available year-round unit.

(c) The department shall conduct an annual inspection of each farm labor center to determine whether health, safety, and infrastructure standards are properly met.

SEC. 3.SEC. 4.

 Section 50710.1 of the Health and Safety Code is amended to read:

50710.1.

 (a) If all the development costs of any migrant farm labor center assisted pursuant to this chapter are provided by federal, state, or local grants, and if inadequate funds are available from any federal, state, or local service to write-down operating costs, the department may approve rents for that center that are in excess of rents charged in other centers assisted by the Office of Migrant Services. However, notwithstanding any other provision of law, commencing with the 2006 growing season, the department shall not increase rents for residents of any facility assisted by the Office of Migrant Services to a level that exceeds 30 percent of the average annualized household incomes of residents of the facility without specific legislative authorization. Prior to approving these rents, the department shall consider the adequacy of evidence presented by the entity operating the center that the rents reimburse actual, reasonable, and necessary costs of operation.

(b) At the end of each fiscal year, any entity operating a migrant farm labor center pursuant to this chapter shall establish a capital reserve account comprised of the excess funds provided through the annual operating contract received from the department if the department certifies there is no need to address reasonable general maintenance requirements or repairs, rehabilitation, and replacement needs of the requesting migrant farm labor center which affect the immediate health and safety of residents. The cumulative balance of the reserve account shall not exceed 10 percent of the annual operating funds annually committed to the entity by the department unless authorized by the department, and shall be reported annually to the department. Funds in the reserve account shall be used only for capital improvements such as replacing or repairing structural elements, furniture, fixtures, or equipment of the migrant farm labor center, the replacement or repair of which are reasonably required to preserve the migrant farm labor center. An entity shall first use the available capital reserve funds for required improvements or repairs before requesting additional funding from the department for that use. Withdrawals from the reserve account shall be made only upon the written approval of the department of the amount and nature of expenditures.

(c) A migrant farm labor center governed by this chapter may shall be operated for an extended period prior to or beyond the standard 180-day period, after approval by the department, provided that all of the following conditions are satisfied: year-round, pursuant to Section 50710.6.

(1)No additional subsidies provided by the department are used for the operation or administration of the migrant farm center during the extended occupancy period except to the extent that state funds are appropriated or authorized for the purpose of funding all or part of the cost of subsidizing extended occupancy periods.

(2)

(d) Rents are not to shall not be increased above the rents charged during the standard 180-day year-round occupancy period unless the department finds that an increase is necessary to cover the difference between reasonable operating costs necessary to keep the center open during the extended occupancy period and the amount of state funds available pursuant to paragraph (1) and any contributions from agricultural employers or other federal, local, or private sources. These contributions shall not be used to reduce the amount of state funds that otherwise would be made available to the center to subsidize rents during an extended occupancy period. period.

(3)

(e) In no event shall the rent during the extended occupancy year-round occupancy period exceed the average daily operating cost of the center, less any subsidy funds available pursuant to paragraph (1) or (2). Each household shall receive a clear bilingual notice describing the extended occupancy options attached to the lease. center.

(4)An extended occupancy period is requested by an entity operating the migrant farm labor center and received by the department no earlier than 30 days and no later than 15 days prior to the center’s scheduled opening or closing date. The department shall notify the entity and petitioning residents of the final decision no later than seven days prior to the center’s scheduled opening or closing date. During the extended occupancy period, occupancy shall be limited to migrant farmworkers and their families who resided or intended to reside at a migrant center during the regular period of occupancy.

(5)Before approving or denying an early opening or an extension and establishing the rents for the extended occupancy period, both of which shall be within the sole discretion of the department, the department shall take into consideration all of the following factors:

(A)The structural and physical condition of the center, including water and sewer pond capacity and the capacity and willingness of the local entity to operate the center during the extended occupancy period.

(B)Whether local approvals are required.

(C)The climate during the extended occupancy period.

(D)The amount of subsidy funds available that can be allocated to each center to subsidize rents below the operating costs and the cost of operating each center during the extended occupancy period.

(E)The extended occupancy period is deemed necessary for the health and safety of the migrant farmworkers and their families.

(F)Other relevant factors affecting the migrant farmworkers and their families and the operation of the centers.

(6)The rents collected during the extended occupancy period shall be remitted to the department. However, based on financial records to the satisfaction of the department, the department may reduce the amount to be remitted by an amount it determines the local entity has expended during the extended occupancy period that is not being reimbursed by department funds.

(7)The occupancy during the extended occupancy period represents a new tenancy and is not subject to existing and statutory and regulatory limitations governing rents. Prior to the beginning of the extended occupancy period, residents shall be provided at least two days’ advance written notice of any rent increase and of the expected length of the extended occupancy period, including the scheduled date of the beginning of the extended occupancy period and closure of the center. Prior to being eligible for residency during the extended occupancy period, residents shall sign rental documents deemed necessary by the department.

(d)

(f) The Legislature finds and declares that variable annual climates and changing agricultural techniques create an inability to accurately predict the end of a harvest season for the purposes of housing migrant farmworkers and their families. Furthermore, forcing farm workers farmworkers and their families to migrate disrupts their sense of community and their children’s education. No other state in the nation enforces farm worker farmworker housing this way. Because of these factors, in any part of this state, and in any specific year, one or more all migrant farmworker housing centers governed by this chapter need to should remain open year round year-round to allow the residents residents, who are essential workers who feed the people in our state and beyond, to provide critical assistance to growers in harvesting crops and for residents and their families to live stable, healthy lives. In addition, if the centers close prematurely or open late, the migrant farmworkers often must remain or reside in the areas to work. During this time, they will not be able to obtain decent, safe, and affordable housing and the health and safety of their families and the surrounding community will be threatened.

The Legislature therefore finds and declares that, for the purposes of any public or private right, obligation, or authorization related to the use of property and improvements thereon as a 180-day migrant center, an extended year-round use of any housing center governed by this chapter pursuant to this section is deemed to be the same as the 180-day use generally formerly authorized by this chapter.

(e)

(g) Because of the presumed income levels of the occupants of migrant farm labor centers, an entity operating a migrant farm labor center shall be deemed eligible for the California Alternative Rates for Energy program established pursuant to Sections 382 and 739.1 of the Public Utilities Code. Any savings from a reduction in energy rates shall be passed on to the occupants of the migrant farm labor center.

(h) Migrant farmworkers under a housing center contract shall not lose their residency based on leaving the housing center for travel.

(i) Wherever feasible, migrant farmworkers with schoolage children shall not be required to move out of housing during the child’s school year or in a time or manner that is disruptive to their child’s educational success.

(j) All farmworkers shall receive priority for housing at all centers.

(f)

(k) The amendments made to this section by the act adding this subdivision shall only apply to a contract entered into, amended, or extended under this chapter on or after January 1, 2025.

SEC. 4.SEC. 5.

 Section 50710.3 is added to the Health and Safety Code, to read:

50710.3.

 (a) For purposes of this chapter, “migratory agricultural worker” or “migratory farmworker” means a person who meets both of the following conditions:

(1) Has either of the following employment statuses:

(A) During the current or preceding calendar year, derived at least 50 percent of their total annual household earned income from agricultural employment.

(B) Can produce current evidence of a current job offer in agricultural employment.

(2) Performs, has performed, or will perform agricultural labor during the current or preceding calendar year under conditions that require round-trip travel exceeding 100 miles per day such that they were unable to return to their chosen place of residence within the same day of labor.

(b) This section shall apply to a contract entered into, amended, or extended under this chapter on or after January 1, 2025.

SEC. 6.

 Section 50710.6 is added to the Health and Safety Code, to read:

50710.6.

 (a) (1) The department shall develop and implement a six-year transitional plan to establish and maintain year-round housing for migratory farmworkers at migrant farm labor centers.

(2) No resident who enters into a lease before January 1, 2026, shall lose access to their housing unit.

(3) The department shall begin development of the transitional plan on January 1, 2025, which shall remain in effect until January 1, 2031.

(b) By January 1, 2026, the department shall develop reporting guidelines for migrant farm labor centers to assist the centers in determining the following:

(1) The number of units that could be open year-round immediately, and the number of units available, or in development.

(2) The number of units that require upgrades to be open year-round, including upgrades to heating, cooling, clean water, sewer pond capacity, garbage, and other systems necessary for the safety and viability of the units.

(3) Any necessary infrastructure development, construction, reconstruction, rehabilitation, or operation of migrant farm labor centers.

(4) Any necessary upgrades, estimated costs, and the order in which units will be renovated.

(5) Information on the necessity of developing family units, or dormitory-style units, as may be appropriate, in migrant farm labor centers in any county or counties.

(6) The number of individual residents, families, schoolage children, and migrant farmworkers occupying and utilizing the migrant farm labor centers, and the number of years residents have occupied units at the centers.

(7) Information on the regional K–12 schools needed to determine the occupation period for units to remain open during the six-year interim period, including the school year calendar, distance from the center, and any other relevant information.

(8) The number of schoolage children living in the centers.

(c) (1) By August 31, 2026, each migrant farm labor center shall send a report to the department pursuant to the guidelines established under subdivision (b).

(2) The department shall publish and make available to the public on its internet website all reports submitted by the centers.

(d) (1) The department shall aggregate and analyze all reports from all centers submitted pursuant to subdivision (c), and, by March 1, 2027, shall provide a report to the Assembly Committee on Housing and Community Development and the Senate Committee on Housing that does all of the following:

(A) Outlines the funding needed each year to achieve the 2031 year-round housing goal.

(B) Prioritizes upgrades at units that are the closest to ready for year-round occupancy.

(C) Incorporates all potential barriers to achieving the 2031 year-round housing goal, including local objections and permitting issues.

(2) The department shall publish and make available to the public on its internet website the report created pursuant to paragraph (1).

(3) The report required by this subdivision shall be provided consistent with the requirements of Section 9795 of the Government Code.

(e) (1) Following completion of the transitional plan submitted to the Legislature pursuant to subdivision (d), and by January 1, 2031, upon appropriation by the Legislature, the department shall implement the plan and ensure that the upgrades identified in the plan to all centers are made to meet the 2031 year-round housing goal.

(2) The prioritization of upgrades shall be based on the units nearest to ready for year-round occupancy.

(3) Centers shall, whenever possible, perform upgrades during academic breaks, or whenever feasible throughout the year.

(f) This section shall apply to a contract entered into, amended, or extended under this part on and after January 1, 2025.

SEC. 5.SEC. 7.

 Section 50716 of the Health and Safety Code is repealed.

SEC. 6.SEC. 8.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.