50710-50715

HEALTH AND SAFETY CODE
SECTION 50710-50715




50710.  The Director of Housing and Community Development may
contract with school districts, housing authorities, health agencies,
and other appropriate local public and private nonprofit agencies,
for the procurement, or construction of housing or shelter and to
obtain services for migratory agricultural workers in the fields of
education and sanitation, to obtain day care services for the
children of those workers, and the director may adopt regulations as
the director deems necessary in order to provide that housing
service. Notwithstanding any other provision of law, contracts made
pursuant to this chapter are deemed to be for local assistance.




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 may establish a 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. 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. 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 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:
   (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 during the
first 14 days only.
   (2) Rents are not to be increased above the rents charged during
the standard 180-day 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.
   (3) In no event shall the rent during the extended occupancy
period exceed the average daily operating cost of the center, less
any subsidy funds available pursuant to paragraph (1) or (2). With
respect to an extended occupancy beyond the standard 180-day period,
households representing at least 25 percent of the units in the
center shall have indicated their desire and intention to remain in
residency by signing a petition to the local entity to keep the
center open for an extended period at rents that are the same or
higher than rents during the regular period of occupancy. Each
household shall receive a clear bilingual notice describing the
extended occupancy options attached to the lease.
   The Legislature finds and declares that because the number of
residents may be substantially reduced during the extended occupancy
period, a rent increase may be necessary to cover operating costs. It
is the intent of the Legislature that the public sector, private
sector, and farmworkers should each play an important role in
ensuring the financial viability of this important source of needed
housing.
   (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, and whether there are
competing demands for the use of the center's facilities.
   (C) Whether there is adequate documentation that there is a need
for residents of the migrant center to continue work in the area, as
confirmed by the local entity.
   (D) The climate during the extended occupancy period.
   (E) 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.
   (F) The extended occupancy period is deemed necessary for the
health and safety of the migrant farmworkers and their families.
   (G) 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) 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. Because of these
factors, in any part of this state, and in any specific year, one or
more migrant farmworker housing centers governed by this chapter need
to open early or remain open for up to two additional weeks to allow
the residents to provide critical assistance to growers in
harvesting crops while also fulfilling work expectations that
encouraged them to migrate to the areas of the centers. In addition,
if the centers close prematurely or open late, the migrant
farmworkers often must remain or reside in the areas to work for up
to two weeks. 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 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 authorized by this chapter.
   (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.



50710.5.  (a) Notwithstanding any other provision of law, no housing
authority, housing authority commissioner, housing authority
officer, or housing authority employee, acting in good faith, shall
be civilly liable for any injury caused by the presence of lead-based
paint, prior to January 1, 1989, in or upon any housing units or
related facilities owned by an agency of the state and operated by
the housing authority pursuant to a contract authorized by Section
50710 by and between the housing authority and the department.
   (b) Subdivision (a) does not, however, limit or expand any
liability which the state or the United States may have under other
laws on account of an injury specified in this subdivision.
   (c) Subdivision (a) does not limit or expand any liability which
arose prior to January 1, 1988.
   (d) Any housing authority made a defendant in a civil action
alleging civil liability on account of any alleged injury specified
in subdivision (a), including injuries for which liability may exist
under subdivision (c), shall immediately notify the department
thereof and may request the state to provide legal representation to
defend the housing authority in the litigation. In the event the
Attorney General fails to provide legal representation pursuant to
the housing authority's request, the department shall indemnify the
housing authority for reasonable attorney fees and costs incurred by
the housing authority to defend the lawsuit.
   (e) Notwithstanding any other provision of law, any contract let
by a housing authority to determine the existence of, or mitigate,
potential health hazards which existed as of April 1, 1988, and
caused by lead-based paint in or upon housing units and facilities
specified in subdivision (a), shall not be subject to competitive
bidding requirements.


50711.  The Director of Housing and Community Development shall have
possession and control of all records and papers held previously by
the Director of Employment Development relating to the purposes and
activities of Section 7100 of the Government Code as it read prior to
January 1, 1982.


50712.  Any county, city, or other local agency may enter into
contracts of the nature described in Section 50710, to the extent
that such an agency is otherwise authorized by law to engage in the
activity which it contracts to undertake.


50712.5.  (a) The Department of Housing and Community Development,
through its Office of Migrant Services, pursuant to the authority
granted in subdivision (n) of Section 50406 and this chapter shall
assist in the development, construction, reconstruction,
rehabilitation, or operation of migrant farm labor centers. The
department shall encourage and assist in the development of family
units, or dormitory-style units, as may be appropriate, in migrant
farm labor centers in any county or counties where there is a
substantial unmet need for migrant farmworker housing. It is the
intent of the Legislature in permitting the development of
dormitory-style housing that family households not be mixed with
single person households unless the contractor or sponsor can make
reasonable accommodations to provide separate living and sleeping
areas in the dormitory to those family households.
   (b) The department may use funds appropriated for the purposes of
the Office of Migrant Services to maximize the utility of any other
local, federal, state, or private funds or other assistance made
available for the purposes of this section. These appropriated funds
may be used for costs including, but not limited to, the following
items:
   (1) Predevelopment costs incurred in the process of securing
construction or long-term financing site acquisition development,
architectural, engineering, or legal expenses, or construction costs,
including construction interest, or both. These costs shall not be
subject to reimbursement from construction or permanent financing, as
the case may be, if the reimbursement would contribute to, or result
in, rents substantially in excess of those in other migrant farm
labor centers assisted by the Office of Migrant Services, as
determined by the department.
   (2) A grant or deferred payment loan for acquisition, development,
and related infrastructure costs, including construction,
reconstruction, rehabilitation, or operation, which may be forgiven,
matching or supplementing the permanent financing or grant made
available by a federal, state, or local housing assistance program.
   (3) Operating cost reductions to the extent necessary to ensure
that the rents in the migrant farm center are not substantially in
excess of those in other migrant farm labor centers operated by the
Office of Migrant Services.
   (c) The department shall seek the maximum possible contribution of
funds, land, and other incentives from local, federal, state, and
private sources for all the purposes described in subdivision (b).
Funds transferred pursuant to Part 8 (commencing with Section 53130)
shall not be used in a manner inconsistent with this part. Migrant
farm labor centers shall be eligible for energy conservation
assistance, including the assistance provided in programs established
pursuant to Section 381 of the Public Utilities Code and
administered either by a utility or a local or other entity. In the
funding and evaluation of energy conservation assistance pursuant to
this section, the California Public Utilities Commission shall
consider improvements in habitability and the need to bring migrant
housing up to adequate standards of comfort through energy efficient
mechanical and lighting systems.
   (d) To the extent that any migrant farm labor center assisted
pursuant to this section is financed or otherwise assisted by the
United States Farmers Home Administration, and to the extent the
Farmers Home Administration requires compliance with construction,
operating, term of use, or residency standards which differ from
those required by the department pursuant to regulations adopted to
implement and interpret this chapter, those Farmers Home
Administration standards shall supersede the department's
regulations.
   (e) The Office of Migrant Services may authorize the use of
dormitory-style housing in a migrant farm labor center.



50713.  For the purposes of procuring or developing housing or
shelter for migratory agricultural workers pursuant to this chapter,
the department may execute instruments necessary or convenient for
the exercise of its powers and functions, including, but not limited
to, pledges, encumbrances, transfers, or assignments of leaseholds of
any real or personal property necessary for the procurement or
development of the housing or shelter.



50714.  (a) The San Diego County Farmworker Housing Account is
hereby established, to be administered by the Department of Housing
and Community Development, through its Office of Migrant Services
pursuant to the authority granted in Sections 50406 and 50710, to
assist in the financing, development, and operation of up to 500
family housing units for year-round use by migrant or nonmigrant farm
labor employees and their families. The sponsor shall seek federal,
state, and local financial and in-kind assistance in the development
of this housing, but the lack of that assistance shall not be a
prerequisite for obtaining financing under this section for the
development and operation of family housing units.
   (b) The department shall ensure that the housing is operated on
the same basis as other state-financed housing assisted pursuant to
this chapter, except that there shall be no limitation set on the
term of tenancy if the project is operated for nonmigrant
farmworkers.
   (c) The department shall award funds pursuant to this section to
project sponsors who demonstrate that they are capable of effectively
serving the housing needs of migrant or other farmworkers in San
Diego County. The year-round use required by subdivision (a) for
migrant centers may be interrupted as necessary to close the housing
for maintenance purposes and to allow new migrant farmworker families
to obtain housing. The project sponsor shall also demonstrate his or
her capability of ensuring the project's fiscal integrity and
maintaining the project in a decent, safe, and sanitary manner for at
least 25 years.
   (d) The department shall use funds appropriated by the Legislature
for purposes of this section. The appropriated funds may be used for
the costs permitted by, or pursuant to, subdivisions (b) to (e),
inclusive, of Section 50712.5. For purposes of soliciting and
awarding funds pursuant to this section, the department is not
required to promulgate regulations.
   (e) To be eligible for funding, a project sponsor shall make a
contribution to the housing assisted under this section. However, if
the housing sponsor can demonstrate that it does not have the
capability to make that contribution, no contribution shall be
required. A contribution, for purposes of this subdivision, may be in
the form of a writedown of land costs, fee waiver, direct equivalent
financial contribution, or any other incentives of financial value.
   (f) The department shall accept proposals from project sponsors
commencing November 15, 1989, and until all funds reappropriated for
the purpose of this section are awarded. The department shall award
grants to project sponsors commencing September 1, 1990.



50714.5.  (a) (1) The Director's San Diego County Farmworker Housing
Discretionary Account is hereby established in the Office of Migrant
Services in the department. The director may make loans or grants
from this account for innovative farmworker housing projects
providing housing for migrant or nonmigrant farmworkers in San Diego
County. There shall be no maximum limitation set on the term of
tenancy if the project is operated for farmworkers.
   (2) All grants or loans from the account shall be made to local
public entities or private community-based nonprofit agencies which
agree to both of the following:
   (A) To own and operate the farmworker housing project for at least
10 years from the date funds are first advanced to the sponsor under
the grant or loan.
   (B) To provide and operate the project in compliance with statutes
or regulations applicable to rent in state-owned migrant farm labor
centers assisted by the Office of Migrant Services and in compliance
with the habitability, licensing, and inspection requirements of the
Employee Housing Act (Part 1 (commencing with Section 17000) of
Division 13).
   (3) If the department finds that the sponsor of a project to which
funds have been granted under this section has violated either or
both of the terms of paragraph (2), the grant shall be deemed a loan
and the sponsor shall be liable to the account for repayment of the
amount granted, plus interest, in accordance with paragraph (4) or
(5).
   (4) If the department finds that the sponsor of a project to which
funds have been loaned under this section, or a sponsor of a project
to which funds have been granted under this section and to whom or
to which paragraph (3) is applicable, has violated either or both of
the terms of paragraph (2), the sponsor shall be liable to the
account for repayment of the amount granted or loaned, plus interest,
in accordance with the following:
   (A) If the department finds that the violation of either or both
of the terms of paragraph (2) has occurred before the date on which
six years will have elapsed from the date funds were first advanced
to the sponsor under the grant or loan, the sponsor shall be liable
to the account for repayment of the full amount of the grant or the
full amount of the outstanding balance of the loan, plus interest
thereon at the rate of 9 percent per year.
   (B) If the department finds that the violation of either or both
of the terms of paragraph (2) has occurred on or after the date on
which six years will have elapsed, but before the date on which seven
years will have elapsed, from the date funds were first advanced to
the sponsor under the grant or loan, the sponsor shall be liable to
the account for repayment of 80 percent of the amount of the grant or
80 percent of the outstanding balance of the loan, plus interest
thereon at the rate of 9 percent per year.
   (C) If the department finds that the violation of either or both
of the terms of paragraph (2) has occurred on or after the date on
which seven years will have elapsed, but before the date on which
eight years will have elapsed, from the date funds were first
advanced to the sponsor under the grant or loan, the sponsor shall be
liable to the account for repayment of 60 percent of the amount of
the grant or 60 percent of the outstanding balance of the loan, plus
interest thereon at the rate of 9 percent per year.
   (D) If the department finds that the violation of either or both
of the terms of paragraph (2) has occurred on or after the date on
which eight years will have elapsed, but before the date on which
nine years will have elapsed, from the date funds were first advanced
to the sponsor under the grant or loan, the sponsor shall be liable
to the account for repayment of 40 percent of the amount of the grant
or 40 percent of the outstanding balance of the loan, plus interest
thereon at the rate of 9 percent per year.
   (E) If the department finds that the violation of either or both
of the terms of paragraph (2) has occurred on or after the date on
which nine years will have elapsed, but before the date on which 10
years will have elapsed, from the date funds were first advanced to
the sponsor under the grant or loan, the sponsor shall be liable to
the account for repayment of 20 percent of the amount of the grant or
20 percent of the outstanding balance of the loan, plus interest
thereon at the rate of 9 percent per year.
   (5) Notwithstanding paragraph (4), when the sponsor of a project
to which funds have been granted or loaned under this section has
agreed to own and operate the farmworker housing project for 11 or
more years from the date funds are first advanced to the sponsor
under the grant or loan, and the department finds that a violation of
either or both of the terms of paragraph (2) has occurred at any
time after the funds have been advanced to the sponsor, the sponsor
shall be liable to the account for repayment of a principal amount,
and interest thereon, to be determined in the discretion of the
director. The principal amount repaid pursuant to this paragraph
shall not exceed the amount actually loaned or granted to the
sponsor, and the interest shall not exceed the rate of 9 percent per
year.
   (6) On or before October 1 of each year, the sponsor of a project
to which funds are granted or loaned under this section shall submit
to the department a written report that includes sufficient
information on occupancy, income, and maintenance levels to enable
the department to assess whether the sponsor is complying with the
terms and conditions of the program and this chapter.
   (7) In selecting sponsors, the director may make awards for
projects serving the needs of single farmworkers, but preference
shall be given to those projects primarily serving families. Funds
may be used under this section for farmworker housing on either a
permanent foundation or nonpermanent foundation, including
manufactured housing or mobilehomes.
   (b) The department shall use funds appropriated by the Legislature
for purposes of this section to maximize the utility of any other
local, federal, state, or private funds or other assistance made
available for the purposes of this section. For purposes of
soliciting and awarding funds pursuant to this section, the
department is not required to promulgate regulations.
   (c) To be eligible for funding, a project sponsor shall make a
contribution to the housing assisted under this section. However, if
the housing sponsor can demonstrate that it does not have the
capability to make that contribution, no contribution shall be
required. A contribution, for purposes of this subdivision, may be in
the form of a write down of land costs, fee waiver, direct
equivalent financial contribution, or any other incentives of
financial value.
   (d) For purposes of this section, "account" means the Director's
San Diego County Farmworker Housing Discretionary Account.



50715.  Housing operated pursuant to this chapter may be used for
the purposes set forth in Chapter 11.5 (commencing with Section
50800) , provided that no funds appropriated for the purposes of this
chapter shall be used for the operation or administration of this
housing as emergency shelter pursuant to Chapter 11.5, and provided
further that this housing may be made available as emergency shelter
pursuant to Chapter 11.5 only during the months of November to March,
inclusive.