A BILL TO BE ENTITLED
AN ACT enhancing the migrant housing laws of north carolina.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 95‑223 reads as rewritten:
"§ 95‑223.  Definitions.
As used in this Article, unless the context requires otherwise:
(1)	"Agricultural employment" means employment in any service or activity included within the provisions of Section 3(f) of the Fair Labor Standards Act of 1938, or section 3121(g) of the Internal Revenue Code of 1986; and the handling, planting, drying, packing, packaging, processing, freezing, or grading prior to delivery for storage of any agricultural or horticultural commodity in its unmanufactured state and including the harvesting of Christmas trees, and the harvesting of saltwater crabs.
(2)	"Commissioner" means the Commissioner of Labor of North Carolina.
(3)	"Day" means a calendar day.
(3a)	"Department" means the North Carolina Department of Labor.
	
(4a)	"Director" means the Director of the Agricultural Safety and Health Bureau, who is the agent designated by the Commissioner to assist in the administration of this Article.
(5)	"Migrant" means an individual, and his dependents, who is employed in agricultural employment of a seasonal or other temporary nature, and who is required to be absent overnight from his permanent place of residence.
(6)	"Migrant housing" means any facility, structure, real property, or other unit that is established, operated, or used as living quarters for migrants.
(7)	"Operator" means any person who owns or controls migrant housing.
(8)	"Person" means an individual, partnership, association, joint stock company, corporation, trust, or legal representative.
(9)	"Substantive violation" means a violation of a safety and health standard, including those that provide fire prevention, and adequate and sanitary supply of water, plumbing maintenance, structurally sound construction of buildings, effective maintenance of those buildings, provision of adequate heat as weather conditions require, and reasonable protection for inhabitants from insects and rodents. A substantive violation does not include technical or procedural violations of safety and health standards."
(10)	"Stakeholder" means any person or group of persons of common interest directly or indirectly affected in his or its person, property, or employment by the Commissioner's adoption of rules pursuant to this Article, and who has submitted a written request to be notified of any proposed rule-making activity initiated by the Commissioner pursuant to this Article. The Department shall maintain a list of such stakeholders and shall notify the stakeholders in accordance with this Article."
SECTION 2.  Article 19 of the General Statutes is amended by adding a new section to read:
"§ 95‑223.1. Powers and duties of the Commissioner.
The Commissioner shall have the following powers and duties:
(1)	To delegate to the Director of the Agricultural Safety and Health Bureau the powers, duties, and responsibilities necessary to ensure safe and healthy migrant housing conditions.
(2)	To supervise the Director of the Agricultural Safety and Health Bureau.
(3)	To adopt, modify, or revoke any rules that are necessary for the purpose of carrying out the provisions of this Article, or are based upon recommendations by stakeholders in accordance with this Article.
(4)	To enforce rules adopted pursuant to this Article.
(5)	To issue preoccupancy certificates to certify that housing for migrant workers has been found to be in compliance with this Article and the rules adopted pursuant to this Article.
(6)	To conduct periodic postoccupancy inspections of migrant housing sites in accordance with the provisions of G.S. 95‑136 through G.S. 95‑142 to ensure that they remain in compliance with this Article and the rules adopted pursuant to this Article."
SECTION 3.  G.S. 95‑225 reads as rewritten:
"§ 95‑225.  Adoption of standards; rule-making authority of Commissioner.
(a)	The following standards are adopted and shall be enforced by the Commissioner:
(1)	The provisions of 29 C.F.R. § 1910.142 and the interpretations issued by the Secretary of the United States Department of Labor, subject to the modifications provided below. The Commissioner shall provide for the publication in the North Carolina Register of any modification by the federal government of 29 C.F.R. § 1910.142 within 30 days of its adoption. 				(2)	Whenever the outside temperature falls below 50 degrees Fahrenheit and the migrant housing is occupied, heating equipment shall be provided and operable. Regardless of outside temperature, this equipment must be capable of maintaining living areas of 65 degrees Fahrenheit. If housing is to be occupied from May 15 until September 1 only, no heating equipment shall be required at the time of preoccupancy inspection.
	(3)	The standards regarding fire safety for migrant housing as adopted by the Commission for Health Services and in effect on January 1, 1989. The Commissioner shall adopt rules pursuant to this Article that incorporate the provisions of these standards.
	(4)	For purposes of this Article, the provisions in 29 C.F.R. § 1910.142(i) shall be replaced by the following standards: 
	a.	Food preparation facilities and eating areas shall be provided and maintained in a clean and sanitary manner;
	b.	A kitchen facility shall be provided with an operable stove with at least one burner per five people, and in no event with less than two burners; an operable refrigerator with .75 cubic feet per person minimum; a table; and a sink with running hot and cold water;
	c.	Surfaces with which food or drink come in contact shall be easily accessible for cleaning, and shall be nontoxic, resistant to corrosion, nonabsorbent, and free of open crevices;
	d.	Acceptable storage facilities shall be provided and shall be kept clean and free of vermin; and
	e.	All food service facilities, other than those where migrants procure and prepare food for their own or their family's consumption, shall comply with the standards regarding kitchen and dining room facilities for migrant housing, as adopted by the Commission for Health Services and in effect on January 1, 1989. The Commissioner shall adopt rules pursuant to this Article that incorporate the provisions of these standards.
(b)	In addition to the standards referenced above and the rules adopted by the Commissioner pursuant to this Article, the following provisions shall apply to migrant housing:
(1)	For the protection of the public health, the rules adopted by the Commission for Health Services and enforced by the Department of Environment and Natural Resources that establish water quality and water sanitation standards for migrant housing.
(2)	The requirements for the collection, treatment, and disposal of wastewater, as provided in Article 11 of Chapter 130A of the General Statutes and the rules adopted by the Commission for Health Services pursuant to that Article.
(c)	Prior to initiating rule-making activity pursuant to this Article in accordance- with Chapter 150B of the General Statutes, the Commissioner shall notify and consult with stakeholders who may have an interest in the proposed rules. The purpose of this notification and consultation is to ensure that the stakeholders have an opportunity to inform the Commissioner of their concerns with the proposed rules and to make recommendations to the Commissioner on changes or additions to the proposed rules."
SECTION 4.  G.S. 95‑226 reads as rewritten:
"§ 95‑226.  Inspections; occupancy.
(a)	Every operator shall request a preoccupancy inspection at least 45 days prior to the anticipated date of occupancy by applying directly to the Department  or to the local health department. Upon receipt of an application by the Department, the Department shall immediately notify, in writing, the appropriate local health department; and the local health department shall inspect the migrant housing for compliance with this Article and the rules adopted pursuant to this Article. Upon receipt of the application by the local health department, the local health department shall immediately notify the Department in writing and shall inspect the migrant housing for compliance with this Article and the rules adopted pursuant to this Article.
The local health department shall forward the results of its inspection to the Department and to the operator. The Department shall inspect the migrant housing and certify to the operator the results of the inspection.
(b)	The Department shall provide local health departments and Agricultural Extension offices with blank copies of forms for applying for preoccupancy inspections.
(c)	The application for inspection shall include all of the following:
(1)	The name, address, and telephone number of the operator.
(2)	The location of the migrant housing.
(3)	The anticipated number of migrants to be housed in the migrant housing.
(4)	The anticipated dates of occupancy of the migrant housing.
(d)	Occupancy. – 
(1)	Except as provided by subdivison (2) of this subsection, an operator may allow the migrant housing to be occupied only if the migrant housing has been certified by the Department or the United States Department of Labor to be in compliance with this Article and the rules adopted pursuant to this Article.
(2)	An operator may allow migrant housing to be occupied on a provisional basis if:
a.	The operator applied for a preoccupancy inspection at least 45 days prior to the expected occupancy date, and the preoccupancy inspection was not conducted by the Department at least four days prior to the anticipated occupancy date; or
b.	The operator has applied for an inspection pursuant to this Article, and one or more migrants arrives in advance of the arrival date stated in the application. The operator shall notify the Department within two working days of the occupancy of the migrant housing.
(3)	The provisional occupancy authorized in subdivision (2) of this subsection shall be revoked if, upon subsequent inspection by the Department, the migrant housing is found not to be in compliance with this Article and the rules adopted pursuant to this Article, and any deficiencies have not been corrected within the period of time specified by the Department, or within two days after receipt of written notice provided on‑site to the operator.
(4)	Penalties may be assessed for substantive violations of this Article found during the preoccupancy inspection of migrant housing which has been occupied on a provisional basis.
	"
SECTION 5.  G.S. 95‑227 reads as rewritten:
"§ 95‑227.  Enforcement.
(a)	For the purpose of enforcing the standards provided by this Article, the provisions of G.S. 95‑129, G.S. 95‑130 and G.S. 95‑136 through G.S. 95‑142 shall apply under this Article in a similar manner as they apply to places of employment under the Occupational Safety and Health Act of North Carolina.
(b)	For the purposes of this Article, the terms contained in G.S. 95‑129, G.S. 95‑130, and G.S. 95‑136 through G.S. 95‑142 shall be construed as follows:
(1)	"Employer" shall mean an operator.
(2)	"Employee" shall mean a  migrant.
(3)	"Director" shall mean the  Director of the Agricultural Safety and Health Bureau.

SECTION 6.  G.S. 95‑228 reads as rewritten:
"§ 95‑228.  Waiver of rights.
Agreements entered into by migrants to waive or to modify their rights under this Article shall be deemed void as contrary to public policy. A waiver or modification of rights by the Department shall be valid under this Article."
SECTION 7.  This act becomes effective October 1, 2005.