(1) Existing law, the Employee Housing Act, generally regulates employee housing, as defined. Among other things, the act authorizes a development proponent to submit an application for a development that is subject to a streamlined, ministerial process, as specified, and is not subject to a conditional use permit if certain requirements are met, including that the development is located on land designated as agricultural in the applicable city or county general plan, and that the development is an eligible agricultural employee housing development. The act defines eligible agricultural housing development as, among other things, an agricultural employee housing development that consists of no more than 36 units or spaces designed for use by a single family or household and is not ineligible for state funding under a provision that prohibits state funding from being provided to an employer who employs at least one H-2A worker, as specified.
This bill would additionally authorize a development proponent to submit an application for a development that would be subject to the above-described conditions, if the development is located on land in the County of Santa Clara or the County of Santa Cruz that is within 15 miles of an area designated as farmland or grazing by the Department of Conservation and is not a site or adjoined to a site where more than 13 of the square footage on the site is dedicated to industrial use, as specified. The bill would also increase the maximum number of units in an eligible agricultural employee housing development from 36 units to 150 units if the development is located with the County of Santa Clara or the County of Santa Cruz. The bill would also specify that an eligible agricultural employee housing development under these provisions may not be ineligible for state funding pursuant to a specified provision of the Joe Serna, Jr., Farmworker Housing Grant Program, which prohibits funding under that program to an agricultural employer or farm labor contractor who employs at least one H-2A worker, as specified, and would make additional clarifying changes. By expanding the scope of housing developments eligible for approval under these provisions, thereby increasing the duties of local officials, the bill would impose a state-mandated local program.
This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Santa Clara and the County of Santa Cruz.
(2) Existing law establishes a low-income housing tax credit program pursuant to which the California Tax Credit Allocation Committee provides procedures and requirements for the allocation, in modified conformity with federal law, of state insurance, personal income, and corporation tax credit amounts to qualified low-income housing projects that have been allocated, or qualify for, a federal low-income housing tax credit, and farmworker housing. Existing law limits the total annual amount of the state low-income housing credit for which a federal low-income housing credit is required to the sum of $70,000,000, as increased by any percentage increase in the Consumer Price Index for the preceding calendar year, any unused credit for the preceding calendar years, and the amount of housing credit ceiling returned in the calendar year.
Existing law provides for an additional allocation of $500,000,000 in low-income housing tax credits for the 2020 calendar year and up to $500,000,000 for the 2021 calendar year and thereafter, only if the Budget Act or related legislation specifies an amount available for allocation (additional amount) . Existing law, for calendar years 2024 to 2034, inclusive, allocates the lesser of 5% or $25,000,000 of that additional amount for farmworker housing, as specified. Existing law requires any amount of the farmworker housing funds that are unallocated in a funding round to rollover to consecutive subsequent funding rounds in that calendar year, except that any of those farmworker housing funds that are unallocated prior to the final funding round for that calendar year are returned to the above-described additional amount.
This bill would instead require that any of those farmworker housing funds that are unallocated after the final funding round for that calendar year are returned to the above-described additional amount.
(3) 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 a specified reason.
(4) This bill would incorporate additional changes to Sections 12206, 17058 and 23610.5 of the Revenue and Taxation Code proposed by AB 3160 to be operative only if this bill and AB 3160 are enacted and this bill is enacted last.

Statutes affected:
AB3035: 17021.8 HSC, 12206 RTC, 12206 RTC, 17058 RTC, 17058 RTC, 23610.5 RTC, 23610.5 RTC
03/21/24 - Amended Assembly: 17021.8 HSC, 17021.8 HSC
06/27/24 - Amended Senate: 17021.8 HSC
08/22/24 - Amended Senate: 17021.8 HSC, 12206 RTC, 12206 RTC, 17058 RTC, 17058 RTC, 23610.5 RTC, 23610.5 RTC
08/26/24 - Amended Senate: 17021.8 HSC, 12206 RTC, 12206 RTC, 12206 RTC, 17058 RTC, 17058 RTC, 17058 RTC, 23610.5 RTC, 23610.5 RTC, 23610.5 RTC
09/05/24 - Enrolled: 17021.8 HSC, 12206 RTC, 12206 RTC, 17058 RTC, 17058 RTC, 23610.5 RTC, 23610.5 RTC
09/24/24 - Chaptered: 17021.8 HSC, 12206 RTC, 12206 RTC, 17058 RTC, 17058 RTC, 23610.5 RTC, 23610.5 RTC