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: (Engrossed) 2024-07-31 - In committee: Hearing postponed by committee. [AB2240 Detail]

Download: California-2023-AB2240-Amended.html

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Amended  IN  Senate  June 17, 2024

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 Garcia, Kalra, Reyes, and Soria)

February 08, 2024

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An act to amend Section 50710.1 of, to add Sections 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.

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.

This bill instead would require all housing units at farm labor centers operated by a housing authorities authority to be made available for occupancy year-round year round for occupancy by migratory farmworkers agricultural workers by January 1, 2031, pursuant to and would require migrant farm labor centers subject to the above-described contracts with the department to be operated year round by January 1, 2031. In this regard, the bill would require the department to develop and implement 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 that the bill would require migrant farm labor centers. centers to send to the department by July 1, 2025. The bill would also impose various requirements and prohibitions on housing authorities, authorities’ operation of housing units at farm labor centers, including developing community outreach that provides information regarding year-round housing accessibility. requirements related to ensuring the health and safety of the occupants and a prohibition on requiring migratory agricultural workers 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. 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 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.

This bill would remove the 275-day limitation on the operating period, the above-described petition 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 rent of a migrant farm labor center assisted by the Office of Migrant Services from exceeding the average daily per unit 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.

This bill would make related findings and declarations.

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.

 The Legislature finds and declares all of the following:

(a) Farmworkers and their families are essential workers who feed the people in our state and beyond, provide critical assistance to growers in harvesting crops, and deserve to live stable and healthy lives.

(b) In an effort to provide affordable housing for migratory farmworkers living in some of the most expensive regions in the world, California provides housing centers where farmworkers and their families can rent affordable homes seasonally, year round, or in stays as short as one day for those migratory farmworkers who prefer to travel from region to region.

(c) Variable annual climates and changing agricultural techniques create an inability to accurately predict the end of a harvest season. This variability means that housing centers open and close for the season at unpredictable times, leaving those residents who would otherwise choose to reside there year round to find other nearby housing for themselves and their families.

(d) Because housing center closures often do not take into account other factors like school calendars, they can disrupt farmworker communities and interrupt the education of the children of farmworkers. No other state in the nation enforces farmworker housing this way.

(e) California is facing historic housing shortages across the state. Some of the worst impacts of this shortage are in regions of the state where farmworkers live and work for wages far below those necessary to afford unsubsidized housing.

(f) Therefore, in order to ensure that farmworkers live healthy and stable lives and to help alleviate local housing pressures, farmworker housing centers should be made available and reserved for farmworkers who choose to reside there for any length of stay.

SECTION 1.SEC. 2.

 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 any of the following conditions:

(1)Has either of the following employment statuses:

(A)

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

(B)

(2) 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 such that they were unable to return to their chosen place of residence within the same day of labor.

(3) Is absent from a permanent place of residence for any length of time during the current or preceding calendar year for the purpose of seeking or performing remunerated employment in agricultural work.

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

SEC. 2.SEC. 3.

 Section 36069 of the Health and Safety Code is repealed.

SEC. 3.SEC. 4.

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

36069.

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

(2) Farm labor centers shall reserve a sufficient number of units to accommodate those migratory agricultural workers who wish to reside at a farm labor center for any period of time less than one year.

(2)Local housing authorities shall develop community outreach that provides information regarding year-round housing accessibility to be

(b) All communications from the Department of Housing and Community Development to migratory agricultural workers shall be delivered in culturally and linguistically appropriate manners through video, audio, or written materials, or other appropriate means in collaboration with promoters promotoras or trusted messengers.

(3)Local housing authorities shall maintain

(c) (1) A local housing authority shall ensure that each housing unit at a farm labor center complies with all applicable local health and safety laws and is habitable with regard to heating, cooling, clean water, sewer pond capacity, garbage, and other systems necessary for the health and safety and viability of the units. of the occupants.

(2) The Department of Housing and Community Development shall conduct an annual inspection of each farm labor center to determine whether health, safety, and infrastructure standards are properly met.

(4)In order to minimize disruption to the school attendance of the schoolage children, when awarding units, farm

(d) A farm labor centers center shall not condition residency on the willingness of a potential tenant to occupy a unit year-round or preference year-round residents over farmworkers. residents wishing to rent a unit for any length of stay less than one year.

(b)(1)Farmworkers

(e) A farm labor center shall not require a migratory agricultural worker with a schoolage children shall not be required child 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

(f) (1) A migratory agricultural worker who has entered into a prior residential tenancy agreement for housing at a migrant farm labor center at any time prior to January 1, 2026, shall have the right to return to a of first refusal of an available unit upon returning to that center for housing regardless of whether or not a unit is available for occupancy year-round. following a break in occupancy.

(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.

(2) Wherever feasible, a migrant farm labor center shall offer to a migratory agricultural worker the option to return to the same unit in which they previously resided.

(g) A migratory agricultural worker under a farm labor center residency contract shall not lose their residency based on leaving the housing center for travel provided they are paying rent and in a current rental contract.

(h) Except for families and dependents of migratory agricultural workers, farm labor center shall not rent a housing unit to a person who is not a migratory agricultural worker.

SEC. 4.SEC. 5.

 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 By January 1, 2031, a migrant farm labor center governed by this chapter shall be operated year-round, pursuant to Section 50710.6.

(d)Rents shall not be increased above the rents charged during the year-round occupancy period.

(e)In no event shall the rent during the year-round occupancy period

(d) Rent shall not exceed the average daily per unit operating cost of the center.

(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 farmworkers and their families to migrate disrupts their sense of community and their children’s education. No other state in the nation enforces farmworker housing this way. Because of these factors, in any part of this state, and in any specific year, all migrant farmworker housing centers governed by this chapter should remain open year-round to allow the 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.

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, 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 formerly authorized by this chapter.

(g)

(e) 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.

(k)

(f) 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. 5.SEC. 6.

 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 any of the following conditions:

(1)Has either of the following employment statuses:

(A)

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

(B)

(2) 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 such that they were unable to return to their chosen place of residence within the same day of labor.

(3) Is absent from a permanent place of residence for any length of time during the current or preceding calendar year for the purpose of seeking or performing remunerated employment in agricultural work.

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

SEC. 6.SEC. 7.

 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 make all housing for migratory farmworkers units at migrant farm labor centers. centers available year round.

(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.

(2) By July 1, 2025, each migrant farm labor center shall send to the department a report with the information detailed in subdivision (b).

(b) By January 1, 2026, the department shall develop reporting guidelines for migrant farm labor centers to assist the centers in determining the following: aggregate and analyze all reports from all centers and submit to the Assembly Committee on Housing and Community Development and the Senate Committee on Housing a plan to achieve the 2031 housing goal pursuant to subdivision (a) of Section 36069. The plan shall include:

(1) The number quantity of housing units at each center, with each housing unit individually identified, that could be open year-round immediately, and the number of units available, or in development. made available year round immediately.

(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 quantity of housing units at each center, with each housing unit individually identified, that require upgrades to be made available year round pursuant to subdivision (a) of Section 36069, including a description of upgrades needed by unit at each center that includes scope of work and cost estimates.

(3) (A) A description of the order in which units will be renovated.

(B) The upgrade plan shall ensure that no center shuts down more than 30 percent of units at any given time by scheduling them to be renovated.

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

(4) Information about the regional K–12 schools necessary to determine how long migrant farm labor center housing units may remain open during the six-year plan implementation.

(2)

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

(3)

(d) The report plan required by this subdivision section 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. 7.SEC. 8.

 Section 50716 of the Health and Safety Code is repealed.

SEC. 8.SEC. 9.

 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.