California 2017 2017-2018 Regular Session

California Senate Bill SB829 Amended / Bill

Filed 04/25/2018

                    Amended IN  Senate  April 25, 2018 Amended IN  Senate  April 09, 2018 Amended IN  Senate  March 14, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 829Introduced by Senators Senator Wiener and VidakJanuary 03, 2018 An act to amend Sections 17008 and 17021.6 of, and to add Section 17030.10 to, the Health and Safety Code, relating to housing. An act to amend Section 8335 of the Education Code, relating to child care.LEGISLATIVE COUNSEL'S DIGESTSB 829, as amended, Wiener. Employee Housing Act: agricultural employee housing. Child care: individualized county child care subsidy plan: City and County of San Francisco.The Child Care and Development Services Act has a purpose of providing a comprehensive, coordinated, and cost-effective system of child care and development services for children from infancy to 13 years of age and their parents, including a full range of supervision, health, and support services through full- and part-time programs. Existing law requires the Superintendent of Public Instruction to develop standards for the implementation of quality child care programs. Existing law authorizes the City and County of San Francisco to develop and implement an individualized county child care subsidy plan, as provided.This bill would require details of the approved individualized county child care subsidy plan and qualification requirements for subsidized child care services to be accessible from a City and County of San Francisco Internet Web site.Existing law, the Employee Housing Act, requires a person operating employee housing, as defined, to obtain a permit to operate that housing from the agency that enforces the act, which can either be the Department of Housing and Community Development or a city, county, or city and county that assumes responsibility for enforcing the act. The Employee Housing Act deems employee housing that meets specified requirements an agricultural land use and prohibits a local government from requiring a conditional use permit, zoning variance, or other zoning clearance for that employee housing, or from subjecting that employee housing to any business taxes, local registration fees, use permit fees, or other fees, that are not required for any other agricultural activity in the same zone. A violation of the Employee Housing Act is a misdemeanor.This bill would expand the definition of employee housing under the act to include agricultural employee housing, as defined. The bill would require a qualified affordable housing organization to obtain a permit from an enforcement agency in order to operate or maintain agricultural employee housing by submitting an application to the applicable enforcement agency. The bill would require the enforcement agency to review any application so submitted, and to grant the application if it meets specified requirements, including that the organization has been certified by the department as a qualified affordable housing organization pursuant to a specified process, and that the housing complies with applicable building standards and related requirements. The bill would extend the provision described above by providing that agricultural employee housing operated and maintained by a qualified affordable housing organization that obtains a permit be deemed an agricultural land use, and thus prohibits a local government from requiring a conditional use permit, zoning variance, or other zoning clearance for that agricultural employee housing. The bill would provide that a tenant residing in agricultural employee housing has all rights applicable to a person residing in employee housing under existing provisions, including the California Fair Employment and Housing Act and specified provisions relating to tenant rights. By increasing the duties of local officials with respect to the Employee Housing Act, and by expanding the scope of an existing crime with respect to violations of the Employee Housing Act, this bill would impose a state-mandated local program.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 no reimbursement is required by this act for specified reasons.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YESNO  Local Program: YESNO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 8335 of the Education Code is amended to read:8335. The City and County of San Francisco may develop and implement an individualized county child care subsidy plan. The plan shall ensure that child care subsidies received by the city and county are used to address local needs, conditions, and priorities of working families in the community. Details of the approved plan and qualification requirements for subsidized child care services shall be accessible from a City and County of San Francisco Internet Web site.

 Amended IN  Senate  April 25, 2018 Amended IN  Senate  April 09, 2018 Amended IN  Senate  March 14, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 829Introduced by Senators Senator Wiener and VidakJanuary 03, 2018 An act to amend Sections 17008 and 17021.6 of, and to add Section 17030.10 to, the Health and Safety Code, relating to housing. An act to amend Section 8335 of the Education Code, relating to child care.LEGISLATIVE COUNSEL'S DIGESTSB 829, as amended, Wiener. Employee Housing Act: agricultural employee housing. Child care: individualized county child care subsidy plan: City and County of San Francisco.The Child Care and Development Services Act has a purpose of providing a comprehensive, coordinated, and cost-effective system of child care and development services for children from infancy to 13 years of age and their parents, including a full range of supervision, health, and support services through full- and part-time programs. Existing law requires the Superintendent of Public Instruction to develop standards for the implementation of quality child care programs. Existing law authorizes the City and County of San Francisco to develop and implement an individualized county child care subsidy plan, as provided.This bill would require details of the approved individualized county child care subsidy plan and qualification requirements for subsidized child care services to be accessible from a City and County of San Francisco Internet Web site.Existing law, the Employee Housing Act, requires a person operating employee housing, as defined, to obtain a permit to operate that housing from the agency that enforces the act, which can either be the Department of Housing and Community Development or a city, county, or city and county that assumes responsibility for enforcing the act. The Employee Housing Act deems employee housing that meets specified requirements an agricultural land use and prohibits a local government from requiring a conditional use permit, zoning variance, or other zoning clearance for that employee housing, or from subjecting that employee housing to any business taxes, local registration fees, use permit fees, or other fees, that are not required for any other agricultural activity in the same zone. A violation of the Employee Housing Act is a misdemeanor.This bill would expand the definition of employee housing under the act to include agricultural employee housing, as defined. The bill would require a qualified affordable housing organization to obtain a permit from an enforcement agency in order to operate or maintain agricultural employee housing by submitting an application to the applicable enforcement agency. The bill would require the enforcement agency to review any application so submitted, and to grant the application if it meets specified requirements, including that the organization has been certified by the department as a qualified affordable housing organization pursuant to a specified process, and that the housing complies with applicable building standards and related requirements. The bill would extend the provision described above by providing that agricultural employee housing operated and maintained by a qualified affordable housing organization that obtains a permit be deemed an agricultural land use, and thus prohibits a local government from requiring a conditional use permit, zoning variance, or other zoning clearance for that agricultural employee housing. The bill would provide that a tenant residing in agricultural employee housing has all rights applicable to a person residing in employee housing under existing provisions, including the California Fair Employment and Housing Act and specified provisions relating to tenant rights. By increasing the duties of local officials with respect to the Employee Housing Act, and by expanding the scope of an existing crime with respect to violations of the Employee Housing Act, this bill would impose a state-mandated local program.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 no reimbursement is required by this act for specified reasons.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YESNO  Local Program: YESNO 

 Amended IN  Senate  April 25, 2018 Amended IN  Senate  April 09, 2018 Amended IN  Senate  March 14, 2018

Amended IN  Senate  April 25, 2018
Amended IN  Senate  April 09, 2018
Amended IN  Senate  March 14, 2018

 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION

Senate Bill No. 829

Introduced by Senators Senator Wiener and VidakJanuary 03, 2018

Introduced by Senators Senator Wiener and Vidak
January 03, 2018

 An act to amend Sections 17008 and 17021.6 of, and to add Section 17030.10 to, the Health and Safety Code, relating to housing. An act to amend Section 8335 of the Education Code, relating to child care.

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

SB 829, as amended, Wiener. Employee Housing Act: agricultural employee housing. Child care: individualized county child care subsidy plan: City and County of San Francisco.

The Child Care and Development Services Act has a purpose of providing a comprehensive, coordinated, and cost-effective system of child care and development services for children from infancy to 13 years of age and their parents, including a full range of supervision, health, and support services through full- and part-time programs. Existing law requires the Superintendent of Public Instruction to develop standards for the implementation of quality child care programs. Existing law authorizes the City and County of San Francisco to develop and implement an individualized county child care subsidy plan, as provided.This bill would require details of the approved individualized county child care subsidy plan and qualification requirements for subsidized child care services to be accessible from a City and County of San Francisco Internet Web site.Existing law, the Employee Housing Act, requires a person operating employee housing, as defined, to obtain a permit to operate that housing from the agency that enforces the act, which can either be the Department of Housing and Community Development or a city, county, or city and county that assumes responsibility for enforcing the act. The Employee Housing Act deems employee housing that meets specified requirements an agricultural land use and prohibits a local government from requiring a conditional use permit, zoning variance, or other zoning clearance for that employee housing, or from subjecting that employee housing to any business taxes, local registration fees, use permit fees, or other fees, that are not required for any other agricultural activity in the same zone. A violation of the Employee Housing Act is a misdemeanor.This bill would expand the definition of employee housing under the act to include agricultural employee housing, as defined. The bill would require a qualified affordable housing organization to obtain a permit from an enforcement agency in order to operate or maintain agricultural employee housing by submitting an application to the applicable enforcement agency. The bill would require the enforcement agency to review any application so submitted, and to grant the application if it meets specified requirements, including that the organization has been certified by the department as a qualified affordable housing organization pursuant to a specified process, and that the housing complies with applicable building standards and related requirements. The bill would extend the provision described above by providing that agricultural employee housing operated and maintained by a qualified affordable housing organization that obtains a permit be deemed an agricultural land use, and thus prohibits a local government from requiring a conditional use permit, zoning variance, or other zoning clearance for that agricultural employee housing. The bill would provide that a tenant residing in agricultural employee housing has all rights applicable to a person residing in employee housing under existing provisions, including the California Fair Employment and Housing Act and specified provisions relating to tenant rights. By increasing the duties of local officials with respect to the Employee Housing Act, and by expanding the scope of an existing crime with respect to violations of the Employee Housing Act, this bill would impose a state-mandated local program.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 no reimbursement is required by this act for specified reasons.

The Child Care and Development Services Act has a purpose of providing a comprehensive, coordinated, and cost-effective system of child care and development services for children from infancy to 13 years of age and their parents, including a full range of supervision, health, and support services through full- and part-time programs. Existing law requires the Superintendent of Public Instruction to develop standards for the implementation of quality child care programs. Existing law authorizes the City and County of San Francisco to develop and implement an individualized county child care subsidy plan, as provided.

This bill would require details of the approved individualized county child care subsidy plan and qualification requirements for subsidized child care services to be accessible from a City and County of San Francisco Internet Web site.

Existing law, the Employee Housing Act, requires a person operating employee housing, as defined, to obtain a permit to operate that housing from the agency that enforces the act, which can either be the Department of Housing and Community Development or a city, county, or city and county that assumes responsibility for enforcing the act. The Employee Housing Act deems employee housing that meets specified requirements an agricultural land use and prohibits a local government from requiring a conditional use permit, zoning variance, or other zoning clearance for that employee housing, or from subjecting that employee housing to any business taxes, local registration fees, use permit fees, or other fees, that are not required for any other agricultural activity in the same zone. A violation of the Employee Housing Act is a misdemeanor.



This bill would expand the definition of employee housing under the act to include agricultural employee housing, as defined. The bill would require a qualified affordable housing organization to obtain a permit from an enforcement agency in order to operate or maintain agricultural employee housing by submitting an application to the applicable enforcement agency. The bill would require the enforcement agency to review any application so submitted, and to grant the application if it meets specified requirements, including that the organization has been certified by the department as a qualified affordable housing organization pursuant to a specified process, and that the housing complies with applicable building standards and related requirements. The bill would extend the provision described above by providing that agricultural employee housing operated and maintained by a qualified affordable housing organization that obtains a permit be deemed an agricultural land use, and thus prohibits a local government from requiring a conditional use permit, zoning variance, or other zoning clearance for that agricultural employee housing. The bill would provide that a tenant residing in agricultural employee housing has all rights applicable to a person residing in employee housing under existing provisions, including the California Fair Employment and Housing Act and specified provisions relating to tenant rights. By increasing the duties of local officials with respect to the Employee Housing Act, and by expanding the scope of an existing crime with respect to violations of the Employee Housing Act, this bill would impose a state-mandated local program.



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 no reimbursement is required by this act for specified reasons.



## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 8335 of the Education Code is amended to read:8335. The City and County of San Francisco may develop and implement an individualized county child care subsidy plan. The plan shall ensure that child care subsidies received by the city and county are used to address local needs, conditions, and priorities of working families in the community. Details of the approved plan and qualification requirements for subsidized child care services shall be accessible from a City and County of San Francisco Internet Web site.

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

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

SECTION 1. Section 8335 of the Education Code is amended to read:8335. The City and County of San Francisco may develop and implement an individualized county child care subsidy plan. The plan shall ensure that child care subsidies received by the city and county are used to address local needs, conditions, and priorities of working families in the community. Details of the approved plan and qualification requirements for subsidized child care services shall be accessible from a City and County of San Francisco Internet Web site.

SECTION 1. Section 8335 of the Education Code is amended to read:

### SECTION 1.

8335. The City and County of San Francisco may develop and implement an individualized county child care subsidy plan. The plan shall ensure that child care subsidies received by the city and county are used to address local needs, conditions, and priorities of working families in the community. Details of the approved plan and qualification requirements for subsidized child care services shall be accessible from a City and County of San Francisco Internet Web site.

8335. The City and County of San Francisco may develop and implement an individualized county child care subsidy plan. The plan shall ensure that child care subsidies received by the city and county are used to address local needs, conditions, and priorities of working families in the community. Details of the approved plan and qualification requirements for subsidized child care services shall be accessible from a City and County of San Francisco Internet Web site.

8335. The City and County of San Francisco may develop and implement an individualized county child care subsidy plan. The plan shall ensure that child care subsidies received by the city and county are used to address local needs, conditions, and priorities of working families in the community. Details of the approved plan and qualification requirements for subsidized child care services shall be accessible from a City and County of San Francisco Internet Web site.



8335. The City and County of San Francisco may develop and implement an individualized county child care subsidy plan. The plan shall ensure that child care subsidies received by the city and county are used to address local needs, conditions, and priorities of working families in the community. Details of the approved plan and qualification requirements for subsidized child care services shall be accessible from a City and County of San Francisco Internet Web site.