(a) (1) A migratory agricultural worker eligible for housing pursuant to this chapter shall have resided outside a 50-mile radius of the migrant farm labor center for at least three months out of the preceding six-month period.
(2) Paragraph (1) applies only to the migratory agricultural worker, and does not apply to immediate family members of the migratory agricultural worker. Immediate family members of a migratory agricultural worker may reside within a 50-mile radius of the migrant farm labor center on a year-round basis.
(b) (1) Notwithstanding subdivision (a), the department shall approve a proposal submitted by an entity operating a migrant farm labor center provided that it meets all of the following requirements and conditions:
(A) The proposal provides for up to 50 percent of the number of units at the migrant farm labor center to be exempt from the requirement that agricultural workers reside outside a 50-mile radius of the migrant farm labor center for at least three months out of the preceding six-month period.
(B) The proposal requires an agricultural worker, in order to be eligible for a unit at the migrant farm labor center under the exemption set forth in subparagraph (A), to have schoolage children and, upon enrollment, provide to the entity proof of enrollment of their children in the local school district, grades K–12.
(C) The proposal reserves a minimum of 50 percent of the number of units at the migrant farm labor center for migratory agricultural workers who require round-trip travel exceeding 100 miles per day, which results in the migratory agricultural worker being unable to return to the workers’ chosen place of residence within the same day of labor.
(D) (i) The proposal was previously presented at a public meeting of the migrant farm labor center’s resident council.
(ii) For purposes of this section, the term “resident council” means an entity elected from among residents of the migrant farm labor center with the responsibilities of electing from themselves a chairperson, advising the entity operating the migrant farm labor center or department on any matters pertinent to the operation of the migrant farm labor center, and representing all residents of the migrant farm labor center on matters which properly should be presented to the entity operating the migrant farm labor center and department.
(2) In determining an applicant’s status as an agricultural worker, the combined earned income of all members of the applicant’s household shall be considered, and as long as 50 percent of the household’s combined earned income is derived from agricultural employment, any individual household members may engage in nonagricultural employment.
(3) If the department approves a proposal pursuant to paragraph (1), the operating entity shall submit a report to the department on an annual basis, by a date determined by the department, that identifies the number of units rented to migratory and nonmigratory households at each migrant farm labor center.
(c) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
(Added by Stats. 2018, Ch. 48, Sec. 5. (SB 850) Effective June 27, 2018. Repealed as of January 1, 2024, by its own provisions.)