Authorization and Fund Allocations
Cal. GOV § 12788
California Statutes
(
a) On and after January 1, 2020, any housing funded pursuant to this
chapter shall not be rented, sold, or subleased to an agricultural employer, as defined in
Section 1140.4 of the Labor Code, or its agent, or a farm labor contractor, as defined in
Section of the Labor Code, or its agent, who employs at least one H-2A worker, as defined in
Section of the Health and Safety Code, until the expiration of the regulatory agreement or affordability covenant, as applicable. A person or entity who receives funds made available pursuant to this
chapter on or after January 1, 2020, and expends any of those funds for the purpose of funding predevelopment of, developing, or operating any housing that is rented, sold, or subleased to an agricultural employer, as defined in
Section 1140.4 of the Labor Code, or its agent, or a farm labor contractor, as defined in
Section of the Labor Code, or its agent, who employs at least one H-2A worker, as defined in
Section of the Health and Safety Code, shall reimburse the department or other state agency that provided those funds, as provided in paragraph (2) of subdivision (
b) of
Section of the Health and Safety Code. A person or entity who receives funds made available pursuant to this
chapter on or after January 1, 2020, and expends any of those funds for the purpose of funding predevelopment of, developing, or operating any housing shall submit a declaration to the department declaring the following: (1) (
A) The person or entity is not an agricultural employer, as defined in
Section 1140.4 of the Labor Code, or its agent, or a farm labor contractor, as defined in
Section of the Labor Code, or its agent, who employs at least one H-2A worker, as defined in
Section of the Health and Safety Code. (
B) The person or entity will not rent, sell, or sublease any housing funded pursuant to this
chapter to an agricultural employer, as defined in
Section 1140.4 of the Labor Code, or its agent, or a farm labor contractor, as defined in
Section of the Labor Code, or its agent, who employs at least one H-2A worker, as defined in
Section of the Health and Safety Code, until the expiration of the regulatory agreement or affordability covenant, as applicable.
(2) The declaration described in paragraph (1) may be met through the inclusion in a regulatory agreement, contract, or affordability covenant, as applicable, with the department that is signed by the person or entity receiving funds pursuant to this chapter. (
b) This
section shall not apply to any contract entered into or any financial assistance provided pursuant to this
chapter prior to January 1, 2020.