2023-08-24 - Agenda PacketSpokane e
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Regular Meeting Agenda
Spokane Valley Planning Commission
Thursday, August 24, 2023 at 6:00 p.m.
Remotely via ZOOM meeting and In Person at:
CenterPlace Regional Event Center 2426 N Discovery Place
NOTICE IS HEREBY GIVEN that a special Spokane Valley Planning Commission meeting will be held August
24, 2023, beginning at 6:00 p.m. The meeting will be held at CenterPlace Regional Event Center, 2426 N Discovery
Place, Spokane Valley, Washington. The purpose of the meeting is to consider the items listed below on the Agenda.
NOTE: Members of the public may attend Spokane Valley Planning Commission meetings in -person at
CenterPlace at the address provided above, or via Zoom at the link below. Members of the public will be allowed
to comment in -person or via Zoom as described below:
Public comments will only be accented for those items noted on the agenda as "Public comment' or "Public
hearinr." If making a comment via Zoom, comments must be received by 4:00 pm, the day of the meeting.
Please email planning@spokanevalleywa.gov or call the Planning Commission Secretary at 509-720-5112 to be
added to the Zoom speaker list. Otherwise, comments will be taken in -person at the meeting, as noted on the
agenda below:
LINK TO ZOOM MEETING INFORMATION:
https://spokanevalley.zoom.us/i/86262747051
US: +12532158782„ 86262747051# or+16699006833„86262747051# US
US: +1 253 215 8782 US (Tacoma)
Meeting ID: 862 6274 7051
AGENDA:
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. APPROVAL OF AGENDA
5. APPROVAL OF MINUTES: July 13, 2023
6. COMMISSION REPORTS
7. ADMINISTRATIVE REPORT
8. PUBLIC COMMENT: On any subject which is not on the agenda.
9. COMMISSION BUSINESS:
a. Legislative Report
i. HB1181 —Climate Change Bill (Presented By Greg Norris)
ii. HB1042 —Use of Existing Buildings For Residential Purposes & HB1337 —
Accessory Dwelling Units (Presented By Levi Basinger)
iii. HB1110 —Middle Housing & HB1425 —Annexation Sales & Use Tax (Presented By
Martin Palaniuk)
10. FOR THE GOOD OF THE ORDER
11. ADJOURNMENT
I.
II.
IV.
V.
Special Meeting Minutes
Spokane Valley Planning Commission
Room 212 — Centerplace Regional Event Center
July 13, 2023
Planning Commission Vice -Chairman Haneke called the meeting to order at 6:00 p.m. The meeting
was held in person and via ZOOM meetings.
The Commissioners and staff stood for the Pledge Of Allegiance.
Administrative Assistant Robin Holt took attendance, and the following members and staff were
present:
Susan Delucchi
Val Dimitrov
Karl Granrath, absent
Walt Haneke
Bob McKinley
Nancy Miller
Daniel Wilson, absent
Tony Beattie, Senior Deputy City Attorney
Chaz Bates, Planning Manager
Lori Barlow, Senior Planner
Levi Basinger, Planner
Greg Bingaman, IT Specialist
Robin Holt, Administrative Assistant
There was consensus from the Planning Commission members to excuse Chair Granrath
and Commissioner Wilson.
AGENDA: Commissioner McKinley moved, and it was seconded to approve the July 13, 2023,
agenda as presented. There was no discussion. The vote on the motion was five in favor, zero
against, and the motion passed.
MINUTES: Commissioner Miller moved, and it was seconded, to approve the June 22, 202$
minutes as presented. There was no discussion. The vote on the motion was five in favor, zero
against, and the motion passed.
VI. COMMISSION REPORTS: There were no Planning Commission reports.
VII. ADMINISTRATIVE REPORT: Planning Manager Chaz Bates reported that due to lack of
business, the July 27, 2023 and August 10, 2023 Planning Commission Meetings will be cancelled.
The next meeting will be held August 24, 2023.
VIII. PUBLIC COMMENT: There was no public comment.
IX. COMMISSION BUSINESS:
a. Findings Of Fact: CPA-2023-0001: 2023 Annual Comprehensive Plan Amendment.
7-13-2023 Planning Commission Minutes
Page 2 of 2
Planner Levi Basinger provided a brief overview of the Findings of Fact for CPA-2023-0001,
explaining how they formalize the Commission's recommendations made after hearing public
comment and deliberation. Commissioner Delucchi asked for clarification regarding a scrivener error
on page 3, line item 23. Mr. Basinger advised the line should read "The proposed changes would have
no impact on projected density".
Commissioner Delucchi moved to approve, and it was seconded, to forward the Findings of Fact to
the City Council as presented. There was no discussion. The vote on the motion was five in favor, zero
against and the motion passed.
b. Findings Of Fact: CTA-2023-0002: Accessory Dwelling Unit Regulations Update.
Senior Planner Lori Barlow provided a brief overview of the Findings of Fact for CTA-2023-0002,
explaining how they formalize the Commission's recommendations made after hearing public
comment during the public hearing and lengthy deliberations.
Commissioner Miller moved to approve, and it was seconded, to forward the Findings of Fact to the
City Council as presented. There was no discussion. The vote on the motion was five in favor, zero
against and the motion passed.
X. GOOD OF THE ORDER: The Commissioners offered thanks to the public for their comments
during the process and to City staff for their diligent work.
XI. ADJOURNMENT: Commissioner McKinley moved, and it was seconded, to adjourn the meeting
at 6:14 p.m. The vote on the motion was five in favor, zero against, and the motion passed.
Karl Granrath, Chairman Date Signed
Marianne Lemons, Secretary
CITY OF SPOKANE VALLEY
Request for Planning Commission Action
Meeting Date: August 24, 2023
Item: Check all that apply ❑ old business ❑ new business ❑ public hearing
❑ information ® study session ❑ pending legislation
AGENDA ITEM TITLE: Climate Change Bill — HB 1181
GOVERNING LEGISLATION: Chapters 36.70A, 43.20, 43.21C, 47.80, 70A.45, 70A.125, 86.12, and
90.58
PREVIOUS COMMISSION ACTION: None
BACKGROUND: On May 3, 2023, Governor Inslee signed HB 1181, commonly known as the "Climate
Change Bill". The city will be required to implement the requirements of HB 1181 as part of its periodic
update.
House Bill 1181 establishes the state's climate response primarily through amendments to the Growth
Management Act. HB 1181 adds a new goal and related amendments to the GMA, The new goal states:
Ensure that comprehensive plans, development regulations, and regional policies, plans
and strategies under RCW 36.70A.210 and chapter 47.80 adapt to and mitigate the effects
of a changing climate; support reductions in greenhouse gas emissions and per capita
vehicle miles traveled; prepare for climate impact scenarios; foster resilience to climate
impacts and natural hazard; protect and enhance environmental, economic, and human
health safety; and advance environmental justice.
As part of its periodic update the city will be required to incorporate into its comprehensive plan:
• A greenhouse gas (GHG) emissions reduction sub -element that requires actions to reduce
overall GHG emissions and vehicle miles traveled miles traveled.
A resiliency sub -element that includes goals and policies for climate resilience and identify
and address natural hazards, including landslides, floods, droughts, wildfires, and other
impacts of changes to temperature and precipitation patterns.
Goals and policies related to environmental justice to avoid worsening environmental
health disparities.
HB 1181 also requires the WA Department Commerce to develop a model climate element and adopt by
rule minimum standards for compliance with state law by June 30, 2025; and requires the Department of
Transportation to maintain a summary of the per capita vehicle miles traveled for cities and unincorporated
portions of counties.
Tonight, staff will provide an overview of the new legislation.
ACTION OR MOTION: None
STAFF CONTACT: Greg Norris, Planner
RPCA Study Session for HB 1181 Legislative Update Page 1 of l
[a)0l 4008:0C AN0to]4I<ila■aINNNamahhYY
SECOND SUBSTITUTE HOUSE BILL 1181
Chapter 228, Laws of 2023
68th Legislature
2023 Regular Session
CLIMATE CHANGE —PLANNING
EFFECTIVE DATE: July 23, 2023
Passed by the House April 13, 2023
Yeas 55 Nays 41
LAURIE JINKINS
Speaker of the House of
Representatives
Passed by the Senate April 7, 2023
Yeas 29 Nays 20
DENNY HECK
President of the Senate
Approved May 3, 2023 10:18 AM
JAY INSLEE
Governor of the State of Washington
CERTIFICATE
I, Bernard Dean, Chief Clerk of the
House of Representatives of the
State of Washington, do hereby
certify that the attached is
ENGROSSED SECOND SUBSTITUTE HOUSE
BILL 1181 as passed by the House of
Representatives and the Senate on
the dates hereon set forth.
BERNARD DEAN
Chief Clerk
FILED
May 4, 2023
Secretary of State
State of Washington
ENGROSSED SECOND SUBSTITUTE HOUSE BILL 1181
AS AMENDED BY THE SENATE
Passed Legislature - 2023 Regular Session
State of Washington 68th Legislature 2023 Regular Session
By House Appropriations (originally sponsored by Representatives
Duerr, Fitzgibbon, Berry, Peterson, Ryu, Alvarado, Taylor, Reed,
Walen, Bateman, Ramel, Goodman, Doglio, Macri, Callan, Simmons,
Lekanoff, Gregerson, Bergquist, Stonier, Pellet, Davis, Kloba,
Riccelli, Mena, and Tharinger; by request of Office of the Governor)
READ FIRST TIME 02/14/23.
1 AN ACT Relating to improving the state's climate response through
2 updates to the state's planning framework; amending RCW 36.70A.020,
3 36.70A.480, 36.70A.280, 36.70A.320, 36.70A.190, 86.12.200,
4 36.70A.030, and 70A.125.180; reenacting and amending RCW 36.70A.070
5 and 36.70A.130; adding new sections to chapter 36.70A RCW; adding a
6 new section to chapter 70A.45 RCW; adding a new section to chapter
7 47.80 RCW; adding a new section to chapter 90.58 RCW; adding a new
8 section to chapter 43.21C RCW; adding a new section to chapter 43.20
9 RCW; creating a new section; and providing an expiration date.
10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
11 Sec. 1. RCW 36.70A.020 and 2021 c 254 s 1 are each amended to
12 read as follows:
13 The following goals are adopted to guide the development and
14 adoption of comprehensive plans and development regulations of those
15 counties and cities that are required or choose to plan under RCW
16 36.70A.040 and, where specified, also guide the development of
17 regional policies, plans, and strategies adopted under RCW 36.70A.210
18 and chapter 47.80 RCW. The following goals are not listed in order of
19 priority and shall be used exclusively for the purpose of guiding the
20 development of comprehensive plans development regulations,
21 and, where specified, regional plans, policies, and strategies:
P. 1 E2SHB 1181.SL
1 (1) Urban growth. Encourage development in urban areas where
2 adequate public facilities and services exist or can be provided in
3 an efficient manner.
4 (2) Reduce sprawl. Reduce the inappropriate conversion of
5 undeveloped land into sprawling, low -density development.
6 (3) Transportation. Encourage efficient multimodal transportation
7 systems that will reduce greenhouse gas emissions and per capita
8 vehicle miles traveled, and are based on regional priorities and
9 coordinated with county and city comprehensive plans.
10 (4) Housing. Plan for and accommodate housing affordable to all
11 economic segments of the population of this state, promote a variety
12 of residential densities and housing types, and encourage
13 preservation of existing housing stock.
14 (5) Economic development. Encourage economic development
15 throughout the state that is consistent with adopted comprehensive
16 plans, promote economic opportunity for all citizens of this state,
17 especially for unemployed and for disadvantaged persons, promote the
18 retention and expansion of existing businesses and recruitment of new
19 businesses, recognize regional differences impacting economic
20 development opportunities, and encourage growth in areas experiencing
21 insufficient economic growth, all within the capacities of the
22 state's natural resources, public services, and public facilities.
23 (6) Property rights. Private property shall not be taken for
24 public use without just compensation having been made. The property
25 rights of landowners shall be protected from arbitrary and
26 discriminatory actions.
27 (7) Permits. Applications for both state and local government
28 permits should be processed in a timely and fair manner to ensure
29 predictability.
30 (8) Natural resource industries. Maintain and enhance natural
31 resource -based industries, including productive timber, agricultural,
32 and fisheries industries. Encourage the conservation of productive
33 forestlands and productive agricultural lands, and discourage
34 incompatible uses.
35 (9) Open space and recreation. Retain open space and green space,
36 enhance recreational opportunities, ((eense rve)) enhance fish and
37 wildlife habitat, increase access to natural resource lands and
38 water, and develop parks and recreation facilities.
p. 2 E2SHB 1181.SL
1 (10) Environment. Protect and enhance the environment and enhance
2 the state's high quality of life, including air and water quality,
3 and the availability of water.
4 (11) Citizen participation and coordination. Encourage the
5 involvement of citizens in the planning process, including the
6 participation of vulnerable nonulations and overburdened communities,
7 and ensure coordination between communities and jurisdictions to
8 reconcile conflicts.
9 (12) Public facilities and services. Ensure that those public
10 facilities and services necessary to support development shall be
11 adequate to serve the development at the time the development is
12 available for occupancy and use without decreasing current service
13 levels below locally established minimum standards.
14 (13) Historic preservation. Identify and encourage the
15 preservation of lands, sites, and structures, that have historical or
16 archaeological significance.
17 (14) Climate change and resiliency. Ensure that comprehensive
18 plans, development regulations, and regional policies, plans, and
19 strategies under RCW 36.70A.210 and chapter 47.80 RCW adapt to and
20 mitigate the effects of a changing climate; support reductions in
21 greenhouse gas emissions and per capita vehicle miles traveled;
22 prepare for climate impact scenarios; foster resiliency to climate
23 impacts and natural hazards; protect and enhance environmental,
24 economic, and human health and safety; and advance environmental
25 justice.
26 (15) Shorelines of the state. For shorelines of the state, the
27 goals and policies of the shoreline management act as set forth in
28 RCW 90.58.020 shall be considered an element of the county's or
29 city's comprehensive plan.
30 Sec. 2. RCW 36.70A.480 and 2010 c 107 s 2 are each amended to
31 read as follows:
32 (1) For shorelines of the state, the goals and policies of the
33 shoreline management act as set forth in RCW 90.58.020 are added as
34 one of the goals of this chapter as set forth in RCW 36.70A.020
35 without creating an order of priority among the ((peen)) 15
36 goals. The goals and policies of a shoreline master program for a
37 county or city approved under chapter 90.58 RCW shall be considered
38 an element of the county or city's comprehensive plan. All other
39 portions of the shoreline master program for a county or city adopted
p. 3 E2SHB 1181.SL
1 under chapter 90.58 RCW, including use regulations, shall be
2 considered a part of the county or city's development regulations.
3 (2) The shoreline master program shall be adopted pursuant to the
4 procedures of chapter 90.58 RCW rather than the goals, policies, and
5 procedures set forth in this chapter for the adoption of a
6 comprehensive plan or development regulations.
7 (3)(a) The policies, goals, and provisions of chapter 90.58 RCW
8 and applicable guidelines shall be the sole basis for determining
9 compliance of a shoreline master program with this chapter except as
10 the shoreline master program is required to comply with the internal
11 consistency provisions of RCW 36.70A.070, 36.70A.040(4), 35.63.125,
12 and 35A.63.105.
13 (b) Except as otherwise provided in (c) of this subsection,
14 development regulations adopted under this chapter to protect
15 critical areas within shorelines of the state apply within shorelines
16 of the state until the department of ecology approves one of the
17 following: A comprehensive master program update, as defined in RCW
18 90.58.030; a segment of a master program relating to critical areas,
19 as provided in RCW 90.58.090; or a new or amended master program
20 approved by the department of ecology on or after March 1, 2002, as
21 provided in RCW 90.58.080. The adoption or update of development
22 regulations to protect critical areas under this chapter prior to
23 department of ecology approval of a master program update as provided
24 in this subsection is not a comprehensive or segment update to the
25 master program.
26 (c)(i) Until the department of ecology approves a master program
27 or segment of a master program as provided in (b) of this subsection,
28 a use or structure legally located within shorelines of the state
29 that was established or vested on or before the effective date of the
30 local government's development regulations to protect critical areas
31 may continue as a conforming use and may be redeveloped or modified
32 if: (A) The redevelopment or modification is consistent with the
33 local government's master program; and (B) the local government
34 determines that the proposed redevelopment or modification will
35 result in no net loss of shoreline ecological functions. The local
36 government may waive this requirement if the redevelopment or
37 modification is consistent with the master program and the local
38 government's development regulations to protect critical areas.
39 (ii) For purposes of this subsection (3)(c), an agricultural
40 activity that does not expand the area being used for the
p. 4 E2SHB 1181.SL
1 agricultural activity is not a redevelopment or modification.
2 "Agricultural activity," as used in this subsection (3)(c), has the
3 same meaning as defined in RCW 90.58.065.
4 (d) Upon department of ecology approval of a shoreline master
5 program or critical area segment of a shoreline master program,
6 critical areas within shorelines of the state are protected under
7 chapter 90.58 RCW and are not subject to the procedural and
8 substantive requirements of this chapter, except as provided in
9 subsection (6) of this section. Nothing in chapter 321, Laws of 2003
10 or chapter 107, Laws of 2010 is intended to affect whether or to what
11 extent agricultural activities, as defined in RCW 90.58.065, are
12 subject to chapter 36.70A RCW.
13 (e) The provisions of RCW 36.70A.172 shall not apply to the
14 adoption or subsequent amendment of a local government's shoreline
15 master program and shall not be used to determine compliance of a
16 local government's shoreline master program with chapter 90.58 RCW
17 and applicable guidelines. Nothing in this section, however, is
18 intended to limit or change the quality of information to be applied
19 in protecting critical areas within shorelines of the state, as
20 required by chapter 90.58 RCW and applicable guidelines.
21 (4) Shoreline master programs shall provide a level of protection
22 to critical areas located within shorelines of the state that assures
23 no net loss of shoreline ecological functions necessary to sustain
24 shoreline natural resources as defined by department of ecology
25 guidelines adopted pursuant to RCW 90.58.060.
26 (5) Shorelines of the state shall not be considered critical
27 areas under this chapter except to the extent that specific areas
28 located within shorelines of the state qualify for critical area
29 designation based on the definition of critical areas provided by RCW
30 36.70A.030((f5})) (6) and have been designated as such by a local
31 government pursuant to RCW 36.70A.060(2).
32 (6) If a local jurisdiction's master program does not include
33 land necessary for buffers for critical areas that occur within
34 shorelines of the state, as authorized by RCW 90.58.030(2)(({€}))
35 (d), then the local jurisdiction shall continue to regulate those
36 critical areas and their required buffers pursuant to RCW
37 36.70A.060(2).
38 Sec. 3. RCW 36.70A.070 and 2022 c 246 s 2 and 2022 c 220 s 1 are
39 each reenacted and amended to read as follows:
p. 5 E2SHB 1181.SL
1 The comprehensive plan of a county or city that is required or
2 chooses to plan under RCW 36.70A.040 shall consist of a map or maps,
3 and descriptive text covering objectives, principles, and standards
4 used to develop the comprehensive plan. The plan shall be an
5 internally consistent document and all elements shall be consistent
6 with the future land use map. A comprehensive plan shall be adopted
7 and amended with public participation as provided in RCW 36.70A.140.
8 Each comprehensive plan shall include a plan, scheme, or design for
9 each of the following:
10 (1) A land use element designating the proposed general
11 distribution and general location and extent of the uses of land,
12 where appropriate, for agriculture, timber production, housing,
13 commerce, industry, recreation, open spaces and green spaces, urban
14 and community forests within the urban growth area, general aviation
15 airports, public utilities, public facilities, and other land uses.
16 The land use element shall include population densities, building
17 intensities, and estimates of future population growth. The land use
18 element shall provide for protection of the quality and quantity of
19 groundwater used for public water supplies. The land use element must
20 give special consideration to achieving environmental justice in its
21 goals and policies, including efforts to avoid creating or worsening
22 environmental health disparities. Wherever possible, the land use
23 element should consider utilizing urban planning approaches that
24 promote physical activity and reduce per capita vehicle miles
25 traveled within the jurisdiction, but without increasing greenhouse
26 gas emissions elsewhere in the state. Where applicable, the land use
27 element shall review drainage, flooding, and stormwater runoff in the
28 area and nearby jurisdictions and provide guidance for corrective
29 actions to mitigate or cleanse those discharges that pollute waters
30 of the state, including Puget Sound or waters entering Puget Sound.
31 The land use element must reduce and mitigate the risk to lives and
32 property posed by wildfires by using land use planning tools, which
33 may include, but are not limited to, adoption of portions or all of
34 the wildland urban interface code developed by the international code
35 council or developing building and maintenance standards consistent
36 with the firewise USA program or similar program designed to reduce
37 wildfire risk, reducing wildfire risks to residential development in
38 high risk areas and the wildland urban interface area, separatinq
39 human development from wildfire prone landscapes, and protecting
p. 6 E2SHB 1181.SL
1 existing residential development and infrastructure through communit
2 wildfire preparedness and fire adaptation measures.
3 (2) A housing element ensuring the vitality and character of
4 established residential neighborhoods that:
5 (a) Includes an inventory and analysis of existing and projected
6 housing needs that identifies the number of housing units necessary
7 to manage projected growth, as provided by the department of
8 commerce, including:
9 (i) Units for moderate, low, very low, and extremely low-income
10 households; and
11 (ii) Emergency housing, emergency shelters, and permanent
12 supportive housing;
13 (b) Includes a statement of goals, policies, objectives, and
14 mandatory provisions for the preservation, improvement, and
15 development of housing, including single-family residences, and
16 within an urban growth area boundary, moderate density housing
17 options including, but not limited to, duplexes, triplexes, and
18 townhomes;
19 (c) Identifies sufficient capacity of land for housing including,
20 but not limited to, government -assisted housing, housing for
21 moderate, low, very low, and extremely low-income households,
22 manufactured housing, multifamily housing, group homes, foster care
23 facilities, emergency housing, emergency shelters, permanent
24 supportive housing, and within an urban growth area boundary,
25 consideration of duplexes, triplexes, and townhomes;
26 (d) Makes adequate provisions for existing and projected needs of
27 all economic segments of the community, including:
28 (i) Incorporating consideration for low, very low, extremely low,
29 and moderate -income households;
30 (ii) Documenting programs and actions needed to achieve housing
31 availability including gaps in local funding, barriers such as
32 development regulations, and other limitations;
33 (iii) Consideration of housing locations in relation to
34 employment location; and
35 (iv) Consideration of the role of accessory dwelling units in
36 meeting housing needs;
37 (e) Identifies local policies and regulations that result in
38 racially disparate impacts, displacement, and exclusion in housing,
39 including:
40 (i) Zoning that may have a discriminatory effect;
p. 7 E2SHB 1181.SL
1 (ii) Disinvestment; and
2 (iii) Infrastructure availability;
3 (f) Identifies and implements policies and regulations to address
4 and begin to undo racially disparate impacts, displacement, and
5 exclusion in housing caused by local policies, plans, and actions;
6 (g) Identifies areas that may be at higher risk of displacement
7 from market forces that occur with changes to zoning development
8 regulations and capital investments; and
9 (h) Establishes antidisplacement policies, with consideration
10 given to the preservation of historical and cultural communities as
11 well as investments in low, very low, extremely low, and moderate-
12 income housing; equitable development initiatives; inclusionary
13 zoning; community planning requirements; tenant protections; land
14 disposition policies; and consideration of land that may be used for
15 affordable housing.
16 In counties and cities subject to the review and evaluation
17 requirements of RCW 36.70A.215, any revision to the housing element
18 shall include consideration of prior review and evaluation reports
19 and any reasonable measures identified. The housing element should
20 link jurisdictional goals with overall county goals to ensure that
21 the housing element goals are met.
22 The adoption of ordinances, development regulations and
23 amendments to such regulations, and other nonproject actions taken by
24 a city that is required or chooses to plan under RCW 36.70A.040 that
25 increase housing capacity, increase housing affordability, and
26 mitigate displacement as required under this subsection (2) and that
27 apply outside of critical areas are not subject to administrative or
28 judicial appeal under chapter 43.21C RCW unless the adoption of such
29 ordinances, development regulations and amendments to such
30 regulations, or other nonproject actions has a probable significant
31 adverse impact on fish habitat.
32 (3) A capital facilities plan element consisting of: (a) An
33 inventory of existing capital facilities owned by public entities,
34 including green infrastructure, showing the locations and capacities
35 of the capital facilities; (b) a forecast of the future needs for
36 such capital facilities; (c) the proposed locations and capacities of
37 expanded or new capital facilities; (d) at least a six -year plan that
38 will finance such capital facilities within projected funding
39 capacities and clearly identifies sources of public money for such
40 purposes; and (e) a requirement to reassess the land use element if
P. 8 E2SHB 1181.SL
1 probable funding falls short of meeting existing needs and to ensure
2 that the land use element, capital facilities plan element, and
3 financing plan within the capital facilities plan element are
4 coordinated and consistent. Park and recreation facilities shall be
5 included in the capital facilities plan element.
6 The county or city shall identify all public entities that own
7 capital facilities and endeavor in good faith to work with other
8 public entities, such as special purpose districts, to gather and
9 include within its capital facilities element the information
10 required by this subsection. If, after a good faith effort, the
11 county or city is unable to gather the information required by this
12 subsection from the other public entities, the failure to include
13 such information in its capital facilities element cannot be grounds
14 for a finding of noncompliance or invalidity under this act. A good
15 faith effort must, at a minimum, include consulting the public
16 entity's capital facility or system plans and emailing and calling
17 the staff of the public entity.
18 (4)(a) A utilities element consisting of the general location,
19 proposed location, and capacity of all existing and proposed
20 utilities((,,—)) including, but not limited to, electrical ((fines)),
21 ( (teleeefftfftanieatien lines)) telecommunications, and natural gas
22 ((des)) systems.
23 (b) The county or city shall identify all public entities that
24 own utility systems and endeavor in good faith to work with other
25 public entities, such as special purpose districts, to gather and
26 include within its utilities element the information required in (a)
27 of this subsection. However, if, after a good faith effort, the
28 county or city is unable to gather the information required in (a) of
29 this subsection from the other public entities, the failure to
30 include such information in the utilities element shall not be
31 grounds for a finding of noncompliance or invalidity under this act.
32 A good faith effort must, at a minimum, include consulting the public
33 entity's capital facility or system plans, and emailing and calling
34 the staff of the public entity.
35 (5) Rural element. Counties shall include a rural element
36 including lands that are not designated for urban growth,
37 agriculture, forest, or mineral resources. The following provisions
38 shall apply to the rural element:
39 (a) Growth management act goals and local circumstances. Because
40 circumstances vary from county to county, in establishing patterns of
P. 9 E2SHB 1181.SL
1 rural densities and uses, a county may consider local circumstances,
2 but shall develop a written record explaining how the rural element
3 harmonizes the planning goals in RCW 36.70A.020 and meets the
4 requirements of this chapter.
5 (b) Rural development. The rural element shall permit rural
6 development, forestry, and agriculture in rural areas. The rural
7 element shall provide for a variety of rural densities, uses,
8 essential public facilities, and rural governmental services needed
9 to serve the permitted densities and uses. To achieve a variety of
10 rural densities and uses, counties may provide for clustering,
11 density transfer, design guidelines, conservation easements, and
12 other innovative techniques that will accommodate appropriate rural
13 economic advancement, densities, and uses that are not characterized
14 by urban growth and that are consistent with rural character.
15 (c) Measures governing rural development. The rural element shall
16 include measures that apply to rural development and protect the
17 rural character of the area, as established by the county, by:
18 (i) Containing or otherwise controlling rural development;
19 (ii) Assuring visual compatibility of rural development with the
20 surrounding rural area;
21 (iii) Reducing the inappropriate conversion of undeveloped land
22 into sprawling, low -density development in the rural area;
23 (iv) Protecting critical areas, as provided in RCW 36.70A.060,
24 and surface water and groundwater resources; and
25 (v) Protecting against conflicts with the use of agricultural,
26 forest, and mineral resource lands designated under RCW 36.70A.170.
27 (d) Limited areas of more intensive rural development. Subject to
28 the requirements of this subsection and except as otherwise
29 specifically provided in this subsection (5)(d), the rural element
30 may allow for limited areas of more intensive rural development,
31 including necessary public facilities and public services to serve
32 the limited area as follows:
33 (i) Rural development consisting of the infill, development, or
34 redevelopment of existing commercial, industrial, residential, or
35 mixed -use areas, whether characterized as shoreline development,
36 villages, hamlets, rural activity centers, or crossroads
37 developments.
38 (A) A commercial, industrial, residential, shoreline, or mixed-
39 use area are subject to the requirements of (d)(iv) of this
P. 10 E2SHB 1181.SL
1 subsection, but are not subject to the requirements of (c)(ii) and
2 (iii) of this subsection.
3 (B) Any development or redevelopment other than an industrial
4 area or an industrial use within a mixed -use area or an industrial
5 area under this subsection (5)(d)(i) must be principally designed to
6 serve the existing and projected rural population.
7 (C) Any development or redevelopment in terms of building size,
8 scale, use, or intensity may be permitted subject to confirmation
9 from all existing providers of public facilities and public services
10 of sufficient capacity of existing public facilities and public
11 services to serve any new or additional demand from the new
12 development or redevelopment. Development and redevelopment may
13 include changes in use from vacant land or a previously existing use
14 so long as the new use conforms to the requirements of this
15 subsection (5) and is consistent with the local character. Any
16 commercial development or redevelopment within a mixed -use area must
17 be principally designed to serve the existing and projected rural
18 population and must meet the following requirements:
19 (1) Any included retail or food service space must not exceed the
20 footprint of previously occupied space or 5,000 square feet,
21 whichever is greater, for the same or similar use; and
22 (11) Any included retail or food service space must not exceed
23 2,500 square feet for a new use;
24 (ii) The intensification of development on lots containing, or
25 new development of, small-scale recreational or tourist uses,
26 including commercial facilities to serve those recreational or
27 tourist uses, that rely on a rural location and setting, but that do
28 not include new residential development. A small-scale recreation or
29 tourist use is not required to be principally designed to serve the
30 existing and projected rural population. Public services and public
31 facilities shall be limited to those necessary to serve the
32 recreation or tourist use and shall be provided in a manner that does
33 not permit low -density sprawl;
34 (iii) The intensification of development on lots containing
35 isolated nonresidential uses or new development of isolated cottage
36 industries and isolated small-scale businesses that are not
37 principally designed to serve the existing and projected rural
38 population and nonresidential uses, but do provide job opportunities
39 for rural residents. Rural counties may allow the expansion of small-
40 scale businesses as long as those small-scale businesses conform with
P. 11 E2SHB 1181.SL
1 the rural character of the area as defined by the local government
2 according to RCW 36.70A.030(23). Rural counties may also allow new
3 small-scale businesses to utilize a site previously occupied by an
4 existing business as long as the new small-scale business conforms to
5 the rural character of the area as defined by the local government
6 according to RCW 36.70A.030(23). Public services and public
7 facilities shall be limited to those necessary to serve the isolated
8 nonresidential use and shall be provided in a manner that does not
9 permit low -density sprawl;
10 (iv) A county shall adopt measures to minimize and contain the
11 existing areas of more intensive rural development, as appropriate,
12 authorized under this subsection. Lands included in such existing
13 areas shall not extend beyond the logical outer boundary of the
14 existing area, thereby allowing a new pattern of low -density sprawl.
15 Existing areas are those that are clearly identifiable and contained
16 and where there is a logical boundary delineated predominately by the
17 built environment, but that may also include undeveloped lands if
18 limited as provided in this subsection. The county shall establish
19 the logical outer boundary of an area of more intensive rural
20 development. In establishing the logical outer boundary, the county
21 shall address (A) the need to preserve the character of existing
22 natural neighborhoods and communities, (B) physical boundaries, such
23 as bodies of water, streets and highways, and land forms and
24 contours, (C) the prevention of abnormally irregular boundaries, and
25 (D) the ability to provide public facilities and public services in a
26 manner that does not permit low -density sprawl;
27 (v) For purposes of this subsection (5)(d), an existing area or
28 existing use is one that was in existence:
29 (A) On July 1, 1990, in a county that was initially required to
30 plan under all of the provisions of this chapter;
31 (B) On the date the county adopted a resolution under RCW
32 36.70A.040(2), in a county that is planning under all of the
33 provisions of this chapter under RCW 36.70A.040(2); or
34 (C) On the date the office of financial management certifies the
35 county's population as provided in RCW 36.70A.040(5), in a county
36 that is planning under all of the provisions of this chapter pursuant
37 to RCW 36.70A.040(5).
38 (e) Exception. This subsection shall not be interpreted to permit
39 in the rural area a major industrial development or a master planned
p. 12 E2SHB 1181.SL
1 resort unless otherwise specifically permitted under RCW 36.70A.360
2 and 36.70A.365.
3 (6) A transportation element that implements, and is consistent
4 with, the land use element.
5 (a) The transportation element shall include the following
6 subelements:
7 (i) Land use assumptions used in estimating travel;
8 (ii) Estimated (()) multimodal level of service impacts to
9 state-owned transportation facilities resulting from land use
10 assumptions to assist (( )) in
11 monitoring the performance of state facilities, to plan improvements
12 for the facilities, and to assess the impact of land -use decisions on
13 state-owned transportation facilities;
14 (iii) Facilities and services needs, including:
15 (A) An inventory of air, water, and ground transportation
16 facilities and services, including transit alignments, active
17 transportation facilities, and general aviation airport facilities,
18 to define existing capital facilities and travel levels ((as a basis
19 €ar)) to inform future planning. This inventory must include state-
20 owned transportation facilities within the city or county's
21 jurisdictional boundaries;
22 (B) ((mil)) Multimodal level of service standards for all
23 locally owned arterials ((gad)), locally and regionally operated
24 transit routes that serve urban growth areas, state-owned or operated
25 transit routes that serve urban areas if the department of
26 transportation has prepared such standards, and active transportation
27 facilities to serve as a gauge to judge performance of the system and
28 success in helping to achieve the goals of this chapter consistent
29 with environmental justice. These standards should be regionally
30 coordinated;
31 (C) For state-owned transportation facilities, multimodal level
32 of service standards for highways, as prescribed in chapters 47.06
33 and 47.80 RCW, to gauge the performance of the system. The purposes
34 of reflecting multimodal level of service standards for state
35 highways in the local comprehensive plan are to monitor the
36 performance of the system, to evaluate improvement strategies, and to
37 facilitate coordination between the county's or city's six -year
38 street, road, active transportation, or transit program and the
39 office of financial management's ten-year investment program. The
40 concurrency requirements of (b) of this subsection do not apply to
p. 13 E2SHB 1181.SL
1 transportation facilities and services of statewide significance
2 except for counties consisting of islands whose only connection to
3 the mainland are state highways or ferry routes. In these island
4 counties, state highways and ferry route capacity must be a factor in
5 meeting the concurrency requirements in (b) of this subsection;
6 (D) Specific actions and requirements for bringing into
7 compliance ((Ieeal'_ _..nc�'_..nca)) transportation facilities or services
8 that are below an established multimodal level of service standard;
9 (E) Forecasts of ((tee)) multimodal transportation demand and
10 needs within cities and urban growth areas, and forecasts of
11 multimodal transportation demand and needs outside of cities and
12 urban growth areas, for at least ten years based on the adopted land
13 use plan to ( (jrevide infer-matien en the—leeatier t
14 eapae-ity neeels e€ future r) ) inform the development of a
15 transportation element that balances transportation system safety and
16 convenience to accommodate all users of the transportation system to
17 safely, reliably, and efficiently provide access and mobility to
18 people and goods. Priority must be given to inclusion of
19 transportation facilities and services providing the greatest
20 multimodal safety benefit to each category of roadway users for the
21 context and speed of the facility;
22 (F) Identification of state and local system needs to equitably
23 meet current and future demands. Identified needs on state-owned
24 transportation facilities must be consistent with the statewide
25 multimodal transportation plan required under chapter 47.06 RCW_
26 Local system needs should reflect the regional transportation system
27 and local goals, and strive to equitably implement the multimodal
28 network;
29 (G) A transition plan for transportation as required in Title II
30 of the Americans with disabilities act of 1990 (ADA). As a necessary
31 step to a program access plan to provide accessibility under the ADA,
32 state and local government, public entities, and public agencies are
33 required to perform self -evaluations of their current facilities,
34 relative to accessibility requirements of the ADA. The agencies are
35 then required to develop a program access plan, which can be called a
36 transition plan, to address any deficiencies. The plan is intended to
37 achieve the following:
38 (I) Identify physical obstacles that limit the accessibility of
39 facilities to individuals with disabilities;
p. 14 E2SHB 1181.SL
1 (II) Describe the methods to be used to make the facilities
2 accessible;
3 (III) Provide a schedule for making the access modifications; and
4 (IV) Identify the public officials responsible for implementation
5 of the transition plan;
6 (iv) Finance, including:
7 (A) An analysis of funding capability to judge needs against
8 probable funding resources;
9 (B) A multiyear financing plan based on the needs identified in
10 the comprehensive plan, the appropriate parts of which shall serve as
11 the basis for the six -year street, road, or transit program required
12 by RCW 35.77.010 for cities, RCW 36.81.121 for counties, and RCW
13 35.58.2795 for public transportation systems. The multiyear financing
14 plan should be coordinated with the ten-year investment program
15 developed by the office of financial management as required by RCW
16 47.05.030;
17 (C) If probable funding falls short of meeting the identified
18 needs of the transportation system, including state transportation
19 facilities, a discussion of how additional funding will be raised, or
20 how land use assumptions will be reassessed to ensure that level of
21 service standards will be met;
22 (v) Intergovernmental coordination efforts, including an
23 assessment of the impacts of the transportation plan and land use
24 assumptions on the transportation systems of adjacent jurisdictions;
25 (vi) Demand -management strategies;
26 (vii) ((Ped__trican and bieyele)) Active transportation component
1
27 to include collaborative efforts to identify and designate planned
28 improvements for ((sedestr an and b ieyele)) active transportation
29 facilities and corridors that address and encourage enhanced
30 community access and promote healthy lifestyles.
31 (b) After adoption of the comprehensive plan by jurisdictions
32 required to plan or who choose to plan under RCW 36.70A.040, local
33 jurisdictions must adopt and enforce ordinances which prohibit
34 development approval if the development causes the level of service
35 on a locally owned or locally or regionally operated transportation
36 facility to decline below the standards adopted in the transportation
37 element of the comprehensive plan, unless transportation improvements
38 or strategies to accommodate the impacts of development are made
39 concurrent with the development. These strategies may include
40 ((wed)) active transportation facility improvements, increased
p. 15 E2SHB 1181.SL
1 or enhanced public transportation service, ride -sharing programs,
2 demand management, and other transportation systems management
3 strategies. For the purposes of this subsection (6), "concurrent with
4 the development" means that improvements or strategies are in place
5 at the time of development, or that a financial commitment is in
6 place to complete the improvements or strategies within six years. If
7 the collection of impact fees is delayed under RCW 82.02.050(3), the
8 six -year period required by this subsection (6)(b) must begin after
9 full payment of all impact fees is due to the county or city. A
10 development proposal may not be denied for causing the level of
11 service on a locally owned or locally or regionally operated
12 transportation facility to decline below the standards adopted in the
13 transportation element of the comprehensive plan where such impacts
14 could be adequately mitigated through active transportation facility
15 improvements, increased or enhanced public transportation service,
16 ride -sharing programs, demand management, or other transportation
17 systems management strategies funded by the development.
18 (c) The transportation element described in this subsection (6),
19 the six -year plans required by RCW 35.77.010 for cities, RCW
20 36.81.121 for counties, and RCW 35.58.2795 for public transportation
21 systems, and the ten-year investment program required by RCW
22 47.05.030 for the state, must be consistent.
23 (7) An economic development element establishing local goals,
24 policies, objectives, and provisions for economic growth and vitality
25 and a high quality of life. A city that has chosen to be a
26 residential community is exempt from the economic development element
27 requirement of this subsection.
28 (8) A park and recreation element that implements, and is
29 consistent with, the capital facilities plan element as it relates to
30 park and recreation facilities. The element shall include: (a)
31 Estimates of park and recreation demand for at least a ten-year
32 period; (b) an evaluation of facilities and service needs; c an
33 evaluation of tree canopy coverage within the urban growth area; and
34 ((4e})) (d) an evaluation of intergovernmental coordination
35 opportunities to provide regional approaches for meeting park and
36 recreational demand.
37 (9)(a) A climate change and resiliency element that is designed
38 to result in reductions in overall greenhouse gas emissions and that
39 must enhance resiliency to and avoid the adverse impacts of climate
40 chanae, which must include efforts to reduce localized areenhouse aas
p. 16 E2SHB 1181.SL
1 emissions and avoid creating or worsening localized climate impacts
2 to vulnerable populations and overburdened communities.
3 (b) The climate change and resiliency element shall include the
4 following subelements:
5 (i) A greenhouse gas emissions reduction subelement;
6 (ii) A resiliency subelement.
7 (c) The greenhouse gas emissions reduction subelement of the
8 climate change and resiliency element is mandatory for the
9 jurisdictions specified in section 4(1) of this act and is encouraged
10 for all other jurisdictions, including those planning under RCW
11 36.70A.040 and those planning under chapter 36.70 RCW. The resiliency
12 subelement of the climate change and resiliency element is mandatory
13 for all jurisdictions planning under RCW 36.70A.040 and is encouraged
14 for those jurisdictions planning under chapter 36.70 RCW.
15 (d)(i) The greenhouse gas emissions reduction subelement of the
16 comprehensive plan, and its related development regulations, must
17 identify the actions the jurisdiction will take during the planning
18 cycle consistent with the guidelines published by the department
19 pursuant to section 5 of this act that will:
20 (A) Result in reductions in overall greenhouse gas emissions
21 generated by transportation and land use within the jurisdiction but
22 without increasing greenhouse gas emissions elsewhere in the state;
23 (B) Result in reductions in per capita vehicle miles traveled
24 within the jurisdiction but without increasing greenhouse gas
25 emissions elsewhere in the state; and
26 (C) Prioritize reductions that benefit overburdened communities
27 in order to maximize the cobenefits of reduced air pollution and
28 environmental justice.
29 (ii) Actions not specifically identified in the guidelines
30 developed by the department pursuant to section 5 of this act may be
31 considered consistent with these guidelines only if:
32 (A) They are protected to achieve greenhouse gas emissions
33 reductions or per capita vehicle miles traveled reductions equivalent
34 to what would be required of the jurisdiction under the guidelines
35 adopted by the department; and
36 (B) They are supported by scientifically credible projections and
37 scenarios that indicate their adoption is likely to result in
38 reductions of areenhouse aas emissions or per capita vehicle miles
39 traveled.
p. 17 E2SHB 1181.SL
1 (iii) A jurisdiction may not restrict population growth or limit
2 population allocation in order to achieve the requirements set forth
3 in this subsection (9)(d).
4 (e)(i) The resiliency subelement must equitably enhance
5 resiliency to, and avoid or substantially reduce the adverse impacts
6 of, climate change in human communities and ecological systems
7 through goals, policies, and programs consistent with the best
8 available science and scientifically credible climate projections and
9 impact scenarios that moderate or avoid harm, enhance the resiliency
10 of natural and human systems, and enhance beneficial opportunities.
11 The resiliency subelement must prioritize actions that benefit
12 overburdened communities that will disproportionately suffer from
13 compounding environmental impacts and will be most impacted by
14 natural hazards due to climate change. Specific goals, policies, and
15 programs of the resiliency subelement must include, but are not
16 limited to, those designed to:
17 (A) Identify, protect, and enhance natural areas to foster
18 resiliency to climate impacts, as well as areas of vital habitat for
19 safe passage and species migration;
20 (B) Identify, protect, and enhance community resiliency to
21 climate change impacts, including social, economic, and built
22 environment factors, that support adaptation to climate impacts
23 consistent with environmental justice; and
24 (C) Address natural hazards created or aggravated by climate
25 change, including sea level rise, landslides, flooding, drought,
26 heat, smoke, wildfire, and other effects of changes to temperature
27 and precipitation patterns.
28 (ii) A natural hazard mitigation plan or similar plan that is
29 guided by RCW 36.70A.020(14), that prioritizes actions that benefit
30 overburdened communities, and that complies with the applicable
31 requirements of this chapter, including the requirements set forth in
32 this subsection (9)(e), may be adopted by reference to satisfy these
33 requirements, except that to the extent any of the substantive
34 requirements of this subsection (9)(e) are not addressed, or are
35 inadequately addressed, in the referenced natural hazard mitigation
36 plan, a county or city must supplement the natural hazard mitigation
37 plan accordingly so that the adopted resiliency subelement complies
38 fully with the substantive requirements of this subsection (9)(e).
39 (A) If a county or city intends to adopt by reference a federal
40 emeraencv management aaencv natural hazard mitigation plan in order
P. 18 E2SHB 1181.SL
1 to meet all or part of the substantive requirements set forth in this
2 subsection (9)(e), and the most recently adopted federal emergency
3 management agency natural hazard mitigation plan does not comply with
4 the requirements of this subsection (9)(e), the department may grant
5 the county or city an extension of time in which to submit a natural
6 hazard mitigation plan.
7 (B) Eligibility for an extension under this subsection prior to
8 July 1, 2027, is limited to a city or county required to review and,
9 if needed, revise its comprehensive plan on or before June 30, 2025,
10 as provided in RCW 36.70A.130, or for a city or county with an
11 existing, unexpired federal emergency management agency natural
12 hazard mitigation plan scheduled to expire before December 31, 2024.
13 (C) Extension requests after July 1, 2027, may be granted if
14 requirements for the resiliency subelement are amended or added by
15 the legislature or if the department finds other circumstances that
16 may result in a potential finding of noncompliance with a
17 jurisdiction's existing and approved federal emergency management
18 agency natural hazard mitigation plan.
19 (D) A city or county that wishes to request an extension of time
20 must submit a request in writing to the department no later than the
21 date on which the city or county is required to review and, if
22 needed, revise its comprehensive plan as provided in RCW 36.70A.130.
23 (E) Upon the submission of such a request to the department, the
24 city or county may have an additional 48 months from the date
25 provided in RCW 36.70A.130 in which to either adopt by reference an
26 updated federal emergency management agency natural hazard mitigation
27 plan or adopt its own natural hazard mitigation plan, and to then
28 submit that plan to the department.
29 (F) The adoption of ordinances, amendments to comprehensive
30 plans, amendments to development regulations, and other nonproject
31 actions taken by a county or city pursuant to (d) of this subsection
32 in order to implement measures specified by the department pursuant
33 to section 5 of this act are not subject to administrative or
34 judicial appeal under chapter 43.21C RCW.
35 (10) It is the intent that new or amended elements required after
36 January 1, 2002, be adopted concurrent with the scheduled update
37 provided in RCW 36.70A.130. Requirements to incorporate any such new
38 or amended elements shall be null and void until funds sufficient to
39 cover applicable local government costs are appropriated and
P. 19 E2SHB 1181.SL
1 distributed by the state at least two years before local government
2 must update comprehensive plans as required in RCW 36.70A.130.
3 NEW SECTION. Sec. 4. A new section is added to chapter 36.70A
4 RCW to read as follows:
5 (1) The requirements of the greenhouse gas emissions reduction
6 subelement of the climate change and resiliency element set forth in
7 RCW 36.70A.070 apply only to those counties that are required or that
8 choose to plan under RCW 36.70A.040 and that also meet either of the
9 criteria set forth in (a), (b), or (c) of this subsection on or after
10 April 1, 2021, and the cities with populations greater than 6,000 as
11 of April 1, 2021, within those counties:
12 (a) A county with a population density of at least 100 people per
13 square mile and a population of at least 200,000;
14 (b) A county bordering on the Columbia and Snake rivers with a
15 population density of at least 75 people per square mile and an
16 annual growth rate of at least 1.65 percent; or
17 (c) A county located to the west of the crest of the Cascade
18 mountains with a population of at least 130,000.
19 (2) The requirements of the amendments to the transportation
20 element of RCW 36.70A.070 set forth in this act apply only to: (a)
21 Counties and cities that meet the population criteria set forth in
22 subsection (1) of this section; and (b) cities with populations of
23 6,000 or greater as of April 1, 2021, that are located in a county
24 that is required or that chooses to plan under RCW 36.70A.040.
25 (3) The requirements of the amendments to the land use element of
26 RCW 36.70A.070 set forth in this act apply only to: (a) Counties and
27 cities that meet the population criteria set forth in subsection (1)
28 or (2) of this section; and (b) counties that have a population of
29 20,000 or greater as of April 1, 2021, and that are required or that
30 choose to plan under RCW 36.70A.040.
31 (4) Once a county meets either of the sets of criteria set forth
32 in subsection (1) of this section, the requirement to conform with
33 the greenhouse gas emissions reduction subelement of the climate
34 change and resiliency element set forth in RCW 36.70A.070 remains in
35 effect, even if the county no longer meets one of these sets of
36 criteria.
37 (5) If the population of a county that previously had not been
38 required to conform with the greenhouse gas emissions reduction
39 subelement of the climate change and resiliency element set forth in
p. 20 E2SHB 1181.SL
1 RCW 36.70A.070 changes sufficiently to meet either of the sets of
2 criteria set forth in subsection (1) of this section, the county, and
3 the cities with populations greater than 6,000 as of April 1, 2021,
4 within that county, shall adopt a greenhouse gas emissions reduction
5 subelement of the climate change and resiliency element set forth in
6 RCW 36.70A.070 at the next scheduled update of the comprehensive plan
7 as set forth in RCW 36.70A.130.
8 (6) The population criteria used in this section must be based on
9 population data as determined by the office of financial management.
10 NEW SECTION. Sec. 5. A new section is added to chapter 70A.45
11 RCW to read as follows:
12 (1) The department of commerce, in consultation with the
13 department of ecology, the department of health, and the department
14 of transportation, shall publish guidelines that specify a set of
15 measures counties and cities may implement via updates to their
16 comprehensive plans and development regulations that have a
17 demonstrated ability to increase housing capacity within urban growth
18 areas or reduce greenhouse gas emissions, allowing for consideration
19 of the emissions reductions achieved through the adoption of
20 statewide programs. The guidelines must prioritize measures that
21 benefit overburdened communities, including communities that have
22 experienced disproportionate harm due to air pollution and may draw
23 upon the most recent health disparities data from the department of
24 health to identify high pollution areas and disproportionately
25 burdened communities. These guidelines must be developed consistent
26 with an environmental justice assessment pursuant to RCW 70A.02.060
27 and the guidelines must include environmental justice assessment
28 processes. The guidelines must be based on:
29 (a) The most recent greenhouse gas emissions report prepared by
30 the department of ecology and the department of commerce pursuant to
31 RCW 70A.45.020(2);
32 (b) The most recent city and county population estimates prepared
33 by the office of financial management pursuant to RCW 43.62.035;
34 (c) The locations of major employment centers and transit
35 corridors, for the purpose of increasing housing supply in these
36 areas; and
37 (d) Available environmental justice data and data regarding
38 access to public transportation for people with disabilities and for
39 vulnerable populations.
p. 21 E2SHB 1181.SL
1 (2)(a) The department of commerce, in consultation with the
2 department of transportation, shall publish guidelines that specify a
3 set of measures counties and cities may have available to them to
4 take through updates to their comprehensive plans and development
5 regulations that have a demonstrated ability to reduce per capita
6 vehicle miles traveled, including measures that are designed to be
7 achievable throughout the state, including in small cities and rural
8 cities.
9 (b) The guidelines must be based on:
10 (i) The most recent greenhouse gas emissions report prepared by
11 the department of ecology and the department of commerce pursuant to
12 RCW 70A.45.020(2);
13 (ii) The most recent city and county population estimates
14 prepared by the office of financial management pursuant to RCW
15 43.62.035; and
16 (iii) The most recent summary of per capita vehicle miles
17 traveled as compiled by the department of transportation.
18 (3) The department of commerce shall first publish the full set
19 of guidelines described in subsections (1) and (2) of this section no
20 later than December 31, 2025. The department of commerce shall update
21 these guidelines at least every five years thereafter based on the
22 most recently available data, and shall provide for a process for
23 local governments and other parties to submit alternative actions for
24 consideration for inclusion into the guidelines at least once per
25 year. The department of commerce shall publish an intermediate set of
26 guidelines no later than December 31, 2023, in order to be available
27 for use by jurisdictions whose periodic updates are required by RCW
28 36.70A.130(5) to occur prior to December 31, 2025. Jurisdictions
29 whose periodic updates are required by RCW 36.70A.130(5)(b) may
30 utilize the intermediate set of guidelines published by the
31 department of commerce to meet the requirements of RCW 36.70A.070(9).
32 (4)(a) In any updates to the guidelines published after 2025, the
33 department of commerce shall include an evaluation of the impact that
34 locally adopted climate change and resiliency elements have had on
35 local greenhouse gas emissions and per capita vehicle miles traveled
36 reduction goals. The evaluation must also address the impact that
37 locally adopted greenhouse gas emissions reduction subelements have
38 had on meeting local housing goals and targets.
39 (b) The updates must also include an estimate of the impacts that
40 locally adopted climate change and resiliency elements will have on
p. 22 E2SHB 1181.SL
1 achieving
local greenhouse gas emissions and
per capita vehicle miles
2 traveled
reduction goals.
The evaluation
must also include an
3 estimate
of the impact that
locally adopted
greenhouse gas emissions
4 reduction
subelements will
have on meeting
local housing goals and
5 targets.
6 (c) The department may include in the specified guidelines what
7 additional measures cities and counties should take to make
8 additional progress on local reduction goals, including any measures
9 that increase housing capacity within urban growth areas.
10 (5) The department of commerce may not propose or adopt any
11 guidelines that would include any form of a road usage charge or any
12 fees or surcharges related to vehicle miles traveled.
13 (6) The department of commerce may not propose or adopt any
14 guidelines that would direct or require local governments to regulate
15 or tax, in any form, transportation service providers, delivery
16 vehicles, or passenger vehicles.
17 (7) The department of commerce, in the course of implementing
18 this section, shall provide and prioritize options that support
19 increased housing supply and diversity of housing types that assist
20 counties and cities in meeting greenhouse gas emissions reduction,
21 housing supply, and other requirements established under this
22 chapter.
23 (8) The provisions of this section as applied to the department
24 of transportation are subject to the availability of amounts
25 appropriated for this specific purpose.
26 (9) For purposes of this section, "overburdened communities" and
27 "vulnerable populations" means the same as provided in RCW
28 36.70A.030.
29 NEW SECTION. Sec. 6. A new section is added to chapter 36.70A
30 RCW to read as follows:
31 (1) A county or city required to complete a greenhouse gas
32 emissions reduction subelement may submit the subelement to the
33 department for approval. When submitted to the department for
34 approval, the subelement becomes effective when approved by the
35 department as provided in this section. If a county or city does not
36 seek department approval of the subelement, the effective date of the
37 subelement is the date on which the comprehensive plan is adopted by
38 the county or city.
p. 23 E2SHB 1181.SL
1 (2) Notice of intent to apply for approval. (a) Not less than 120
2 days prior to applying for approval of a subelement, the county or
3 city must notify the department in writing that it intends to apply
4 for approval. The department shall review proposed subelements prior
5 to final adoption and advise the county or city of the actions
6 necessary to receive approval.
7 (b) The department may consult with other relevant state agencies
8 in making its determination.
9 (c) The department shall publish notice in the Washington State
10 Register that a city or county has notified the department of its
11 intent to apply for approval and the department shall post a copy of
12 the notice on the department website.
13 (3) Procedures for an application for approval. (a) After taking
14 final action to adopt a greenhouse gas emissions reduction
15 subelement, a city or county may apply to the department for approval
16 of the subelement. A city or county must submit its application to
17 the department within 10 days of taking final action.
18 (b) An application for approval must include, at a minimum, the
19 following:
20 (i) A cover letter from the legislative authority requesting
21 approval;
22 (ii) A copy of the adopted ordinance or resolution taking the
23 legislative action or actions required to adopt the greenhouse gas
24 emissions reduction subelement;
25 (iii) A statement explaining how the adopted subelement complies
26 with the provisions of this chapter; and
27 (iv) A copy of the record developed by the city or county at any
28 public meetings or public hearings at which action was taken on the
29 greenhouse gas emissions reduction subelement.
30 (c) For purposes of this subsection, the terms "action" and
31 "meeting" have the same definition as in RCW 42.30.020.
32 (4) Approval procedures. (a) The department shall strive to
33 achieve final action to approve or deny an application within 180
34 days of the date of receipt of the application.
35 (b) The department must issue its decision in the form of a
36 written statement, including findings of fact and conclusions, and
37 noting the date of the issuance of its decision. The department's
38 issued decision must conspicuously and plainly state that it is the
39 department's final decision and that there will be no further
p. 24 E2SHB 1181.SL
1 modifications to the proposed greenhouse gas emissions reduction
2 subelement.
3 (c) The department will promptly publish its decision on the
4 application for approval as follows:
5 (i) Notify the city or county in writing of its determination;
6 (ii) Publish a notice of action in the Washington State Register;
7 (iii) Post a notice of its decision on the agency website; and
8 (iv) Notify other relevant state agencies regarding the approval
9 decision.
10 (5) The department shall approve a proposed greenhouse gas
11 emissions reduction subelement unless it determines that the proposed
12 greenhouse gas emissions reduction subelement is not consistent with
13 the policy of RCW 36.70A.070 and, after they are adopted, the
14 applicable guidelines.
15 (6) The department's final decision to approve or reject a
16 proposed greenhouse gas emissions reduction subelement or amendment
17 by a local government planning under RCW 36.70A.040 may be appealed
18 according to the following provisions:
19 (a) The department's final decision to approve or reject a
20 proposed greenhouse gas emissions reduction subelement or amendment
21 by a local government planning under RCW 36.70A.040 may be appealed
22 to the growth management hearings board by filing a petition as
23 provided in RCW 36.70A.290.
24 (b) A decision of the growth management hearings board concerning
25 an appeal of the department's final decision to approve or reject a
26 proposed greenhouse gas emissions reduction subelement or amendment
27 must be based solely on whether or not the adopted or amended
28 greenhouse gas emissions reduction subelement, any adopted amendments
29 to other elements of the comprehensive plan necessary to carry out
30 the subelement, and any adopted or amended development regulations
31 necessary to implement the subelement, comply with the goal set forth
32 in RCW 36.70A.020(14) as it applies to greenhouse gas emissions
33 reductions, RCW 36.70A.070(9) excluding RCW 36.70A.070(9)(e), the
34 guidelines adopted under section 5 of this act applicable to the
35 greenhouse gas emissions reduction subelement, or chapter 43.21C RCW.
36 Sec. 7. RCW 36.70A.280 and 2011 c 360 s 17 are each amended to
37 read as follows:
38 (1) The growth management hearings board shall hear and determine
39 only those petitions alleging either:
p. 25 E2SHB 1181.SL
1 (a) That, except as provided otherwise by this subsection, a
2 state agency, county, or city planning under this chapter is not in
3 compliance with the requirements of this chapter, chapter 90.58 RCW
4 as it relates to the adoption of shoreline master programs or
5 amendments thereto, or chapter 43.21C RCW as it relates to plans,
6 development regulations, or amendments, adopted under RCW 36.70A.040
7 or chapter 90.58 RCW. Nothing in this subsection authorizes the board
8 to hear petitions alleging noncompliance with RCW 36.70A.5801;
9 (b) That the ((twenty)) 20-year growth management planning
10 population projections adopted by the office of financial management
11 pursuant to RCW 43.62.035 should be adjusted;
12 (c) That the approval of a work plan adopted under RCW
13 36.70A.735(1)(a) is not in compliance with the requirements of the
14 program established under RCW 36.70A.710;
15 (d) That regulations adopted under RCW 36.70A.735(1)(b) are not
16 regionally applicable and cannot be adopted, wholly or partially, by
17 another jurisdiction; ((er-))
18 (e) That a department certification under RCW 36.70A.735(1)(c) is
19 erroneous; or
20 (f) That the department's final decision to approve or relect a
21 proposed greenhouse gas emissions reduction subelement or amendments
22 by a local government planning under RCW 36.70A.040 was not in
23 compliance with the joint guidance issued by the department pursuant
24 to section 5 of this act.
25 (2) A petition may be filed only by: (a) The state, or a county
26 or city that plans under this chapter; (b) a person who has
27 participated orally or in writing before the county or city regarding
28 the matter on which a review is being requested; (c) a person who is
29 certified by the governor within ((sip)) 60 days of filing the
30 request with the board; or (d) a person qualified pursuant to RCW
31 34.05.530.
32 (3) For purposes of this section "person" means any individual,
33 partnership, corporation, association, state agency, governmental
34 subdivision or unit thereof, or public or private organization or
35 entity of any character.
36 (4) To establish participation standing under subsection (2)(b)
37 of this section, a person must show that his or her participation
38 before the county or city was reasonably related to the person's
39 issue as presented to the board.
p. 26 E2SHB 1181.SL
1 (5) When considering a possible adjustment to a growth management
2 planning population projection prepared by the office of financial
3 management, the board shall consider the implications of any such
4 adjustment to the population forecast for the entire state.
5 The rationale for any adjustment that is adopted by the board
6 must be documented and filed with the office of financial management
7 within ten working days after adoption.
8 If adjusted by the board, a county growth management planning
9 population projection shall only be used for the planning purposes
10 set forth in this chapter and shall be known as the "board adjusted
11 population projection." None of these changes shall affect the
12 official state and county population forecasts prepared by the office
13 of financial management, which shall continue to be used for state
14 budget and planning purposes.
15
Sec.
8. RCW 36.70A.320 and
1997 c 429 s 20
are each amended to
16
read as
follows:
17
(1)
Except as provided in
subsections (5)
and (6) of this
18
section,
comprehensive plans
and development
regulations, and
19
amendments
thereto, adopted under
this chapter
are presumed valid
20 upon adoption.
21 (2) Except as otherwise provided in subsection (4) of this
22 section, the burden is on the petitioner to demonstrate that any
23 action taken by a state agency, county, or city under this chapter is
24 not in compliance with the requirements of this chapter.
25 (3) In any petition under this chapter, the board, after full
26 consideration of the petition, shall determine whether there is
27 compliance with the requirements of this chapter. In making its
28 determination, the board shall consider the criteria adopted by the
29 department under RCW 36.70A.190(4). The board shall find compliance
30 unless it determines that the action by the state agency, county, or
31 city is clearly erroneous in view of the entire record before the
32 board and in light of the goals and requirements of this chapter.
33 (4) A county or city subject to a determination of invalidity
34 made under RCW 36.70A.300 or 36.70A.302 has the burden of
35 demonstrating that the ordinance or resolution it has enacted in
36 response to the determination of invalidity will no longer
37 substantially interfere with the fulfillment of the goals of this
38 chapter under the standard in RCW 36.70A.302(1).
p. 27 E2SHB 1181.SL
1 (5) The shoreline
element of a comprehensive plan and the
2 applicable development
regulations
adopted by a county or city shall
3 take effect as provided
in chapter
90.58 RCW.
4 (6) The greenhouse
gas emissions reduction subelement required by
5 RCW 36.70A.070 shall take
effect
as provided in section 6 of this
6 act.
7 Sec. 9. RCW 36.70A.190 and 2022 c 252 s 5 are each amended to
8 read as follows:
9 (1) The department shall establish a program of technical and
10 financial assistance and incentives to counties and cities to
11 encourage and facilitate the adoption and implementation of
12 comprehensive plans and development regulations throughout the state.
13 (2) The department shall develop a priority list and establish
14 funding levels for planning and technical assistance grants both for
15 counties and cities that plan under RCW 36.70A.040. Priority for
16 assistance shall be based on a county's or city's population growth
17 rates, commercial and industrial development rates, the existence and
18 quality of a comprehensive plan and development regulations, the
19 presence of overburdened communities, and other relevant factors. The
20 department shall establish funding levels for grants to community-
21 based organizations for the specific purpose of advancing
22 participation of vulnerable populations and overburdened communities
23 in the planning_ process.
24 (3) The department shall develop and administer a grant program
25 to provide direct financial assistance to counties and cities for the
26 preparation of comprehensive plans under this chapter. The department
27 may establish provisions for county and city matching funds to
28 conduct activities under this subsection. Grants may be expended for
29 any purpose directly related to the preparation of a county or city
30 comprehensive plan as the county or city and the department may
31 agree, including, without limitation, the conducting of surveys,
32 inventories and other data gathering and management activities, the
33 retention of planning consultants, contracts with regional councils
34 for planning and related services, and other related purposes.
35 (4) The department shall establish a program of technical
36 assistance:
37 (a) Utilizing department staff, the staff of other state
38 agencies, and the technical resources of counties and cities to help
39 in the development of comprehensive plans required under this
p. 28 E2SHB 1181.SL
1 chapter. The technical assistance may include, but not be limited to,
2 model land use ordinances, regional education and training programs,
3 and information for local and regional inventories; and
4 (b) Adopting by rule procedural criteria to assist counties and
5 cities in adopting comprehensive plans and development regulations
6 that meet the goals and requirements of this chapter. These criteria
7 shall reflect regional and local variations and the diversity that
8 exists among different counties and cities that plan under this
9 chapter.
10 (5) The department shall provide mediation services to resolve
11 disputes between counties and cities regarding, among other things,
12 coordination of regional issues and designation of urban growth
13 areas.
14 (6) The department shall provide services to facilitate the
15 timely resolution of disputes between a federally recognized Indian
16 tribe and a city or county.
17 (a) A federally recognized Indian tribe may request the
18 department to provide facilitation services to resolve issues of
19 concern with a proposed comprehensive plan and its development
20 regulations, or any amendment to the comprehensive plan and its
21 development regulations.
22 (b) Upon receipt of a request from a tribe, the department shall
23 notify the city or county of the request and offer to assist in
24 providing facilitation services to encourage resolution before
25 adoption of the proposed comprehensive plan. Upon receipt of the
26 notice from the department, the city or county must delay any final
27 action to adopt any comprehensive plan or any amendment or its
28 development regulations for at least 60 days. The tribe and the city
29 or county may jointly agree to extend this period by notifying the
30 department. A county or city must not be penalized for noncompliance
31 under this chapter due to any delays associated with this process.
32 (c) Upon receipt of a request, the department shall provide
33 comments to the county or city including a summary and supporting
34 materials regarding the tribe's concerns. The county or city may
35 either agree to amend the comprehensive plan as requested consistent
36 with the comments from the department, or enter into a facilitated
37 process with the tribe, which must be arranged by the department
38 using a suitable expert to be paid by the department. This
39 facilitated process may also extend the 60-day delay of adoption,
40 upon agreement of the tribe and the city or county.
p. 29 E2SHB 1181.SL
1 (d) At the end of the 60-day period, unless by agreement there is
2 an extension of the 60-day period, the city or county may proceed
3 with adoption of the proposed comprehensive plan and development
4 regulations. The facilitator shall write a report of findings
5 describing the basis for agreements or disagreements that occurred
6 during the process that are allowed to be disclosed by the parties
7 and the resulting agreed -upon elements of the plan to be amended.
8 (7) The department shall provide planning grants to enhance
9 citizen participation under RCW 36.70A.140.
10 (8) The department shall develop, in collaboration with the
11 department of ecology, the department of fish and wildlife, the
12 department of natural resources, the department of health, the
13 emergency management division of the military department, as well as
14 any federally recognized tribe who chooses to voluntarily
15 participate, and adopt by rule guidance that creates a model climate
16 change and resiliency element that may be used by counties, cities,
17 and multiple -county planning regions for developing and implementing
18 climate change and resiliency plans and policies required by RCW
19 36.70A.070(9), subject to the following provisions:
20 (a) The model element must establish minimum requirements, and
21 may include model options or voluntary cross -jurisdictional
22 strategies, or both, for fulfilling the requirements of RCW
23 36.70A.070(9);
24 (b) The model element should provide guidance on identifying
25 designing, and investing in infrastructure that supports community
26 resilience to climate impacts, including the protection, restoration,
27 and enhancement of natural infrastructure as well as traditional
28 infrastructure and protecting and enhancing natural areas to foster
29 resiliency to climate impacts, as well as areas of vital habitat for
30 safe passage and species migration;
31 (c) The model element should provide guidance on identifying and
32 addressing natural hazards created or aggravated by climate change,
33 including sea level rise, landslides, flooding, drought, heat, smoke,
34 wildfires, and other effects of reasonably anticipated changes to
35 temperature and precipitation patterns; and
36 (d) The rule must recognize and promote as many cobenefits of
37 climate resilience as possible such as climate change mitigation,
38 salmon recovery, forest health, ecosystem services, and socioeconomic
39 health and resilience.
p. 30 E2SHB 1181.SL
1 NEW
SECTION. Sec. 10. A new section is added to chapter 47.80
2 RCW to read as follows:
3 The
department shall compile, maintain, and
publish a summary of
4 the per
capita vehicle miles traveled annually
in each city in the
5 state,
and in the unincorporated portions of
each county in the
6 state.
7 NEW SECTION. Sec. 11. A new section is added to chapter 90.58
8 RCW to read as follows:
9 The department shall update its shoreline master program
10 guidelines to require shoreline master programs to address the impact
11 of sea level rise and increased storm severity on people, property,
12 and shoreline natural resources and the environment.
13 Sec. 12. RCW 86.12.200 and 1991 c 322 s 3 are each amended to
14 read as follows:
15 The county legislative authority of any county may adopt a
16 comprehensive flood control management plan for any drainage basin
17 that is located wholly or partially within the county.
18 A comprehensive flood control management plan shall include the
19 following elements:
20 (1) Designation of areas that are susceptible to periodic
21 flooding, from inundation by bodies of water or surface water runoff,
22 or both, including the river's meander belt or floodway;
23 (2) Establishment of a comprehensive scheme of flood control
24 protection and improvements for the areas that are subject to such
25 periodic flooding, that includes: (a) Determining the need for, and
26 desirable location of, flood control improvements to protect or
27 preclude flood damage to structures, works, and improvements, based
28 upon a cost/benefit ratio between the expense of providing and
29 maintaining these improvements and the benefits arising from these
30 improvements; (b) establishing the level of flood protection that
31 each portion of the system of flood control improvements will be
32 permitted; (c) identifying alternatives to in -stream flood control
33 work; (d) identifying areas where flood waters could be directed
34 during a flood to avoid damage to buildings and other structures; and
35 (e) identifying sources of revenue that will be sufficient to finance
36 the comprehensive scheme of flood control protection and
37 improvements;
p. 31 E2SHB 1181.SL
1 (3) Establishing land use regulations that preclude the location
2 of structures, works, or improvements in critical portions of such
3 areas subject to periodic flooding, including a river's meander belt
4 or floodway, and permitting only flood -compatible land uses in such
5 areas;
6 (4) Establishing restrictions on construction activities in areas
7 subject to periodic floods that require the flood proofing of those
8 structures that are permitted to be constructed or remodeled; ((gad))
9 (5) Establishing restrictions on land clearing activities and
10 development practices that exacerbate flood problems by increasing
11 the flow or accumulation of flood waters, or the intensity of
12 drainage, on low-lying areas. Land clearing activities do not include
13 forest practices as defined in chapter 76.09 RCW; and
14 (6) Consideration of climate change impacts, including the impact
15 of sea level rise and increased storm severity on people, property,
16 natural resources, and the environment.
17 A comprehensive flood control management plan shall be subject to
18 the minimum requirements for participation in the national flood
19 insurance program, requirements exceeding the minimum national flood
20 insurance program that have been adopted by the department of ecology
21 for a specific floodplain pursuant to RCW 86.16.031, and rules
22 adopted by the department of ecology pursuant to RCW 86.26.050
23 relating to floodplain management activities. When a county plans
24 under chapter 36.70A RCW, it may incorporate the portion of its
25 comprehensive flood control management plan relating to land use
26 restrictions in its comprehensive plan and development regulations
27 adopted pursuant to chapter 36.70A RCW.
28 NEW SECTION. Sec. 13. A new section is added to chapter 43.21C
29 RCW to read as follows:
30 The adoption of ordinances, amendments to comprehensive plans,
31 amendments to development regulations, and other nonproject actions
32 taken by a county or city pursuant to RCW 36.70A.070(9) (d) or (e) in
33 order to implement measures specified by the department of commerce
34 pursuant to section 5 of this act are not subject to administrative
35 or judicial appeals under this chapter.
36 Sec. 14. RCW 36.70A.030 and 2021 c 254 s 6 are each amended to
37 read as follows:
p. 32 E2SHB 1181.SL
1 Unless the context clearly requires otherwise, the definitions in
2 this section apply throughout this chapter.
3 (1) "Adopt a comprehensive land use plan" means to enact a new
4 comprehensive land use plan or to update an existing comprehensive
5 land use plan.
6 (2) "Affordable housing" means, unless the context clearly
7 indicates otherwise, residential housing whose monthly costs,
8 including utilities other than telephone, do not exceed thirty
9 percent of the monthly income of a household whose income is:
10 (a) For rental housing, ((sip)) 60 percent of the median
11 household income adjusted for household size, for the county where
12 the household is located, as reported by the United States department
13 of housing and urban development; or
14 (b) For owner -occupied housing, ((eighty)) 80 percent of the
15 median household income adjusted for household size, for the county
16 where the household is located, as reported by the United States
17 department of housing and urban development.
18 (3) "Agricultural land" means land primarily devoted to the
19 commercial production of horticultural, viticultural, floricultural,
20 dairy, apiary, vegetable, or animal products or of berries, grain,
21 hay, straw, turf, seed, Christmas trees not subject to the excise tax
22 imposed by RCW 84.33.100 through 84.33.140, finfish in upland
23 hatcheries, or livestock, and that has long-term commercial
24 significance for agricultural production.
25 (4) "City" means any city or town, including a code city.
26 (5) "Comprehensive land use plan," "comprehensive plan," or
27 "plan" means a generalized coordinated land use policy statement of
28 the governing body of a county or city that is adopted pursuant to
29 this chapter.
30 (6) "Critical areas" include the following areas and ecosystems:
31 (a) Wetlands; (b) areas with a critical recharging effect on aquifers
32 used for potable water; (c) fish and wildlife habitat conservation
33 areas; (d) frequently flooded areas; and (e) geologically hazardous
34 areas. "Fish and wildlife habitat conservation areas" does not
35 include such artificial features or constructs as irrigation delivery
36 systems, irrigation infrastructure, irrigation canals, or drainage
37 ditches that lie within the boundaries of and are maintained by a
38 port district or an irrigation district or company.
39 (7) "Department" means the department of commerce.
p. 33 E2SHB 1181.SL
1 (8) "Development regulations" or "regulation" means the controls
2 placed on development or land use activities by a county or city,
3 including, but not limited to, zoning ordinances, critical areas
4 ordinances, shoreline master programs, official controls, planned
5 unit development ordinances, subdivision ordinances, and binding site
6 plan ordinances together with any amendments thereto. A development
7 regulation does not include a decision to approve a project permit
8 application, as defined in RCW 36.70B.020, even though the decision
9 may be expressed in a resolution or ordinance of the legislative body
10 of the county or city.
11 (9) "Emergency housing" means temporary indoor accommodations for
12 individuals or families who are homeless or at imminent risk of
13 becoming homeless that is intended to address the basic health, food,
14 clothing, and personal hygiene needs of individuals or families.
15 Emergency housing may or may not require occupants to enter into a
16 lease or an occupancy agreement.
17 (10) "Emergency shelter" means a facility that provides a
18 temporary shelter for individuals or families who are currently
19 homeless. Emergency shelter may not require occupants to enter into a
20 lease or an occupancy agreement. Emergency shelter facilities may
21 include day and warming centers that do not provide overnight
22 accommodations.
23 (11) "Extremely low-income household" means a single person,
24 family, or unrelated persons living together whose adjusted income is
25 at or below thirty percent of the median household income adjusted
26 for household size, for the county where the household is located, as
27 reported by the United States department of housing and urban
28 development.
29 (12) "Forestland" means land primarily devoted to growing trees
30 for long-term commercial timber production on land that can be
31 economically and practically managed for such production, including
32 Christmas trees subject to the excise tax imposed under RCW 84.33.100
33 through 84.33.140, and that has long-term commercial significance. In
34 determining whether forestland is primarily devoted to growing trees
35 for long-term commercial timber production on land that can be
36 economically and practically managed for such production, the
37 following factors shall be considered: (a) The proximity of the land
38 to urban, suburban, and rural settlements; (b) surrounding parcel
39 size and the compatibility and intensity of adjacent and nearby land
40 uses; (c) long-term local economic conditions that affect the ability
p. 34 E2SHB 1181.SL
1 to manage for timber production; and (d) the availability of public
2 facilities and services conducive to conversion of forestland to
3 other uses.
4 (13) "Freight rail dependent uses" means buildings and other
5 infrastructure that are used in the fabrication, processing, storage,
6 and transport of goods where the use is dependent on and makes use of
7 an adjacent short line railroad. Such facilities are both urban and
8 rural development for purposes of this chapter. "Freight rail
9 dependent uses" does not include buildings and other infrastructure
10 that are used in the fabrication, processing, storage, and transport
11 of coal, liquefied natural gas, or "crude oil" as defined in RCW
12 90.56.010.
13 (14) "Geologically hazardous areas" means areas that because of
14 their susceptibility to erosion, sliding, earthquake, or other
15 geological events, are not suited to the siting of commercial,
16 residential, or industrial development consistent with public health
17 or safety concerns.
18 (15) "Long-term commercial significance" includes the growing
19 capacity, productivity, and soil composition of the land for long-
20 term commercial production, in consideration with the land's
21 proximity to population areas, and the possibility of more intense
22 uses of the land.
23 (16) "Low-income household" means a single person, family, or
24 unrelated persons living together whose adjusted income is at or
25 below eighty percent of the median household income adjusted for
26 household size, for the county where the household is located, as
27 reported by the United States department of housing and urban
28 development.
29 (17) "Minerals" include gravel, sand, and valuable metallic
30 substances.
31 (18) "Moderate -income household" means a single person, family,
32 or unrelated persons living together whose adjusted income is at or
33 below 120 percent of the median household income adjusted for
34 household size, for the county where the household is located, as
35 reported by the United States department of housing and urban
36 development.
37 (19) "Permanent supportive housing" is subsidized, leased housing
38 with no limit on length of stay that prioritizes people who need
39 comprehensive support services to retain tenancy and utilizes
40 admissions practices designed to use lower barriers to entry than
p. 35 E2SHB 1181.SL
1 would be typical for other subsidized or unsubsidized rental housing,
2 especially related to rental history, criminal history, and personal
3 behaviors. Permanent supportive housing is paired with on -site or
4 off -site voluntary services designed to support a person living with
5 a complex and disabling behavioral health or physical health
6 condition who was experiencing homelessness or was at imminent risk
7 of homelessness prior to moving into housing to retain their housing
8 and be a successful tenant in a housing arrangement, improve the
9 resident's health status, and connect the resident of the housing
10 with community -based health care, treatment, or employment services.
11 Permanent supportive housing is subject to all of the rights and
12 responsibilities defined in chapter 59.18 RCW.
13 (20) "Public facilities" include streets, roads, highways,
14 sidewalks, street and road lighting systems, traffic signals,
15 domestic water systems, storm and sanitary sewer systems, parks and
16 recreational facilities, and schools.
17 (21) "Public services" include fire protection and suppression,
18 law enforcement, public health, education, recreation, environmental
19 protection, and other governmental services.
20 (22) "Recreational land" means land so designated under RCW
21 36.70A.1701 and that, immediately prior to this designation, was
22 designated as agricultural land of long-term commercial significance
23 under RCW 36.70A.170. Recreational land must have playing fields and
24 supporting facilities existing before July 1, 2004, for sports played
25 on grass playing fields.
26 (23) "Rural character" refers to the patterns of land use and
27 development established by a county in the rural element of its
28 comprehensive plan:
29 (a) In which open space, the natural landscape, and vegetation
30 predominate over the built environment;
31 (b) That foster traditional rural lifestyles, rural -based
32 economies, and opportunities to both live and work in rural areas;
33 (c) That provide visual landscapes that are traditionally found
34 in rural areas and communities;
35 (d) That are compatible with the use of the land by wildlife and
36 for fish and wildlife habitat;
37 (e) That reduce the inappropriate conversion of undeveloped land
38 into sprawling, low -density development;
39 (f) That generally do not require the extension of urban
40 governmental services; and
p. 36 E2SHB 1181.SL
1 (g) That are consistent with the protection of natural surface
2 water flows and groundwater and surface water recharge and discharge
3 areas.
4 (24) "Rural development" refers to development outside the urban
5 growth area and outside agricultural, forest, and mineral resource
6 lands designated pursuant to RCW 36.70A.170. Rural development can
7 consist of a variety of uses and residential densities, including
8 clustered residential development, at levels that are consistent with
9 the preservation of rural character and the requirements of the rural
10 element. Rural development does not refer to agriculture or forestry
11 activities that may be conducted in rural areas.
12 (25) "Rural governmental services" or "rural services" include
13 those public services and public facilities historically and
14 typically delivered at an intensity usually found in rural areas, and
15 may include domestic water systems, fire and police protection
16 services, transportation and public transit services, and other
17 public utilities associated with rural development and normally not
18 associated with urban areas. Rural services do not include storm or
19 sanitary sewers, except as otherwise authorized by RCW 36.70A.110(4).
20 (26) "Short line railroad" means those railroad lines designated
21 class II or class III by the United States surface transportation
22 board.
23 (27) "Urban governmental services" or "urban services" include
24 those public services and public facilities at an intensity
25 historically and typically provided in cities, specifically including
26 storm and sanitary sewer systems, domestic water systems, street
27 cleaning services, fire and police protection services, public
28 transit services, and other public utilities associated with urban
29 areas and normally not associated with rural areas.
30 (28) "Urban growth" refers to growth that makes intensive use of
31 land for the location of buildings, structures, and impermeable
32 surfaces to such a degree as to be incompatible with the primary use
33 of land for the production of food, other agricultural products, or
34 fiber, or the extraction of mineral resources, rural uses, rural
35 development, and natural resource lands designated pursuant to RCW
36 36.70A.170. A pattern of more intensive rural development, as
37 provided in RCW 36.70A.070(5)(d), is not urban growth. When allowed
38 to spread over wide areas, urban growth typically requires urban
39 governmental services. "Characterized by urban growth" refers to land
40 having urban growth located on it, or to land located in relationship
p. 37 E2SHB 1181.SL
1 to an area with urban growth on it as to be appropriate for urban
2 growth.
3 (29) "Urban growth areas" means those areas designated by a
4 county pursuant to RCW 36.70A.110.
5 (30) "Very low-income household" means a single person, family,
6 or unrelated persons living together whose adjusted income is at or
7 below fifty percent of the median household income adjusted for
8 household size, for the county where the household is located, as
9 reported by the United States department of housing and urban
10 development.
11 (31) "Wetland" or "wetlands" means areas that are inundated or
12 saturated by surface water or groundwater at a frequency and duration
13 sufficient to support, and that under normal circumstances do
14 support, a prevalence of vegetation typically adapted for life in
15 saturated soil conditions. Wetlands generally include swamps,
16 marshes, bogs, and similar areas. Wetlands do not include those
17 artificial wetlands intentionally created from nonwetland sites,
18 including, but not limited to, irrigation and drainage ditches,
19 grass -lined swales, canals, detention facilities, wastewater
20 treatment facilities, farm ponds, and landscape amenities, or those
21 wetlands created after July 1, 1990, that were unintentionally
22 created as a result of the construction of a road, street, or
23 highway. Wetlands may include those artificial wetlands intentionally
24 created from nonwetland areas created to mitigate conversion of
25 wetlands.
26 (32) "Per capita vehicle miles traveled" means the number of
27 miles traveled using cars and light trucks in a calendar year divided
28 by the number of residents in Washington. The calculation of this
29 value excludes vehicle miles driven conveying freight.
30 (33) "Active transportation" means forms of pedestrian mobility
31 including walking or running, the use of a mobility assistive device
32 such as a wheelchair, bicycling and cycling irrespective of the
33 number of wheels, and the use of small personal devices such as foot
34 scooters or skateboards. Active transportation includes both
35 traditional and electric assist bicycles and other devices. Planning
36 for active transportation must consider and address accommodation
37 pursuant to the Americans with disabilities act and the distinct
38 needs of each form of active transportation.
39 (34) "Transportation system" means all infrastructure and
40 services for all forms of transportation within a geographical area,
p. 38 E2SHB 1181.SL
1 irrespective of the responsible jurisdiction or transportation
2 provider.
3 (35) "Environmental justice" means the fair treatment and
4 meaningful involvement of all people regardless of race, color,
5 national origin, or income with respect to development,
6 implementation, and enforcement of environmental laws, regulations,
7 and policies. Environmental justice includes addressing
8 disproportionate environmental and health impacts in all laws, rules,
9 and policies with environmental impacts by prioritizing vulnerable
10 populations and overburdened communities and the equitable
11 distribution of resources and benefits.
12 (36) "Active transportation facilities" means facilities provided
13 for the safety and mobility of active transportation users including
14 but not limited to, trails, as defined in RCW 47.30.005, sidewalks,
15 bike lanes, shared -use paths, and other facilities in the public
16 right-of-way.
17 (37) "Green space" means an area of land, vegetated by natural
18 features such as grass, trees, or shrubs, within an urban context and
19 less than one acre in size that creates public value through one or
20 more of the following attributes:
21 (a) Is accessible to the public;
22 (b) Promotes physical and mental health of residents;
23 (c) Provides relief from the urban heat island effects;
24 (d) Promotes recreational and aesthetic values;
25 (e) Protects streams or water supply; or
26 (f) Preserves visual quality along highway, road, or street
27 corridors.
28 (38) "Green infrastructure" means a wide array of natural assets
29 and built structures within an urban growth area boundary, including
30 parks and other areas with protected tree canopy, and management
31 practices at multiple scales that manage wet weather and that
32 maintain and restore natural hydrology by storing, infiltrating
33 evapotranspiring, and harvesting and using stormwater.
34 (39) "Wildland urban interface" means the geographical area where
35 structures and other human development meets or intermingles with
36 wildland vegetative fuels.
37 (40) "Overburdened community" means a geographic area where
38 vulnerable populations face combined, multiple environmental harms
39 and health impacts, and includes, but is not limited to, highly
40 impacted communities as defined in RCW 19.405.020.
p. 39 E2SHB 1181.SL
1 (41)(a) "Vulnerable populations" means population groups that are
2 more likely to be at higher risk for poor health outcomes in response
3 to environmental harms, due to: (i) Adverse socioeconomic factors,
4 such as unemployment, high housing and transportation costs relative
5 to income, limited access to nutritious food and adequate health
6 care, linguistic isolation, and other factors that negatively affect
7 health outcomes and increase vulnerability to the effects of
8 environmental harms; and (ii) sensitivity factors, such as low birth
9 weight and higher rates of hospitalization.
10 (b) "Vulnerable populations" includes, but is not limited to:
11 (i) Racial or ethnic minorities;
12 (ii) Low-income populations; and
13 (iii) Populations disproportionately impacted by environmental
14 harms.
15 Sec. 15. RCW 36.70A.130 and 2022 c 287 s 1 and 2022 c 192 s 1
16 are each reenacted and amended to read as follows:
17 (1)(a) Each comprehensive land use plan and development
18 regulations shall be subject to continuing review and evaluation by
19 the county or city that adopted them. Except as otherwise provided, a
20 county or city shall take legislative action to review and, if
21 needed, revise its comprehensive land use plan and development
22 regulations to ensure the plan and regulations comply with the
23 requirements of this chapter according to the deadlines in
24 subsections (4) and (5) of this section.
25 (b) Except as otherwise provided, a county or city not planning
26 under RCW 36.70A.040 shall take action to review and, if needed,
27 revise its policies and development regulations regarding critical
28 areas and natural resource lands adopted according to this chapter to
29 ensure these policies and regulations comply with the requirements of
30 this chapter according to the deadlines in subsections (4) and (5) of
31 this section. Legislative action means the adoption of a resolution
32 or ordinance following notice and a public hearing indicating at a
33 minimum, a finding that a review and evaluation has occurred and
34 identifying the revisions made, or that a revision was not needed and
35 the reasons therefor.
36 (c) The review and evaluation required by this subsection shall
37 include, but is not limited to, consideration of critical area
38 ordinances and, if planning under RCW 36.70A.040, an analysis of the
p. 40 E2SHB 1181.SL
1 population allocated to a city or county from the most recent Hten))
2 10-year population forecast by the office of financial management.
3 (d) Any amendment of or revision to a comprehensive land use plan
4 shall conform to this chapter. Any amendment of or revision to
5 development regulations shall be consistent with and implement the
6 comprehensive plan.
7 (2)(a) Each county and city shall establish and broadly
8 disseminate to the public a public participation program consistent
9 with RCW 36.70A.035 and 36.70A.140 that identifies procedures and
10 schedules whereby updates, proposed amendments, or revisions of the
11 comprehensive plan are considered by the governing body of the county
12 or city no more frequently than once every year. "Updates" means to
13 review and revise, if needed, according to subsection (1) of this
14 section, and the deadlines in subsections (4) and (5) of this section
15 or in accordance with the provisions of subsection (6) of this
16 section. Amendments may be considered more frequently than once per
17 year under the following circumstances:
18 (i) The initial adoption of a subarea plan. Subarea plans adopted
19 under this subsection (2)(a)(i) must clarify, supplement, or
20 implement jurisdiction -wide comprehensive plan policies, and may only
21 be adopted if the cumulative impacts of the proposed plan are
22 addressed by appropriate environmental review under chapter 43.21C
23 RCW;
24 (ii) The development of an initial subarea plan for economic
25 development located outside of the one hundred year floodplain in a
26 county that has completed a state -funded pilot project that is based
27 on watershed characterization and local habitat assessment;
28 (iii) The adoption or amendment of a shoreline master program
29 under the procedures set forth in chapter 90.58 RCW;
30 (iv) The amendment of the capital facilities element of a
31 comprehensive plan that occurs concurrently with the adoption or
32 amendment of a county or city budget; or
33 (v) The adoption of comprehensive plan amendments necessary to
34 enact a planned action under RCW 43.21C.440, provided that amendments
35 are considered in accordance with the public participation program
36 established by the county or city under this subsection (2)(a) and
37 all persons who have requested notice of a comprehensive plan update
38 are given notice of the amendments and an opportunity to comment.
39 (b) Except as otherwise provided in (a) of this subsection, all
40 proposals shall be considered by the governing body concurrently so
p. 41 E2SHB 1181.SL
1 the cumulative effect of the various proposals can be ascertained.
2 However, after appropriate public participation a county or city may
3 adopt amendments or revisions to its comprehensive plan that conform
4 with this chapter whenever an emergency exists or to resolve an
5 appeal of a comprehensive plan filed with the growth management
6 hearings board or with the court.
7 (3)(a) Each county that designates urban growth areas under RCW
8 36.70A.110 shall review, according to the schedules established in
9 subsections (4) and (5) of this section, its designated urban growth
10 area or areas, patterns of development occurring within the urban
11 growth area or areas, and the densities permitted within both the
12 incorporated and unincorporated portions of each urban growth area.
13 In conjunction with this review by the county, each city located
14 within an urban growth area shall review the densities permitted
15 within its boundaries, and the extent to which the urban growth
16 occurring within the county has located within each city and the
17 unincorporated portions of the urban growth areas.
18 (b) The county comprehensive plan designating urban growth areas,
19 and the densities permitted in the urban growth areas by the
20 comprehensive plans of the county and each city located within the
21 urban growth areas, shall be revised to accommodate the urban growth
22 projected to occur in the county for the succeeding ((twenty)) 20-
23 year period. The review required by this subsection may be combined
24 with the review and evaluation required by RCW 36.70A.215.
25 (c) If, during the county's review under (a) of this subsection,
26 the county determines revision of the urban growth area is not
27 required to accommodate the urban growth projected to occur in the
28 county for the succeeding 20-year period, but does determine that
29 patterns of development have created pressure in areas that exceed
30 available, developable lands within the urban growth area, the urban
31 growth area or areas may be revised to accommodate identified
32 patterns of development and likely future development pressure for
33 the succeeding 20-year period if the following requirements are met:
34 (i) The revised urban growth area may not result in an increase
35 in the total surface areas of the urban growth area or areas;
36 (ii) The areas added to the urban growth area are not or have not
37 been designated as agricultural, forest, or mineral resource lands of
38 long-term commercial significance;
39 (iii) Less than 15 percent of the areas added to the urban growth
40 area are critical areas;
p. 42 E2SHB 1181.SL
1 (iv) The areas added to the urban growth areas are suitable for
2 urban growth;
3 (v) The transportation element and capital facility plan element
4 have identified the transportation facilities, and public facilities
5 and services needed to serve the urban growth area and the funding to
6 provide the transportation facilities and public facilities and
7 services;
8 (vi) The urban growth area is not larger than needed to
9 accommodate the growth planned for the succeeding 20-year planning
10 period and a reasonable land market supply factor;
11 (vii) The areas removed from the urban growth area do not include
12 urban growth or urban densities; and
13 (viii) The revised urban growth area is contiguous, does not
14 include holes or gaps, and will not increase pressures to urbanize
15 rural or natural resource lands.
16 (4) Except as otherwise provided in subsections (6) and (8) of
17 this section, counties and cities shall take action to review and, if
18 needed, revise their comprehensive plans and development regulations
19 to ensure the plan and regulations comply with the requirements of
20 this chapter as follows:
21 (a) On or before June 30, 2015, for King, Pierce, and Snohomish
22 counties and the cities within those counties;
23 (b) On or before June 30, 2016, for Clallam, Clark, Island,
24 Jefferson, Kitsap, Mason, San Juan, Skagit, Thurston, and Whatcom
25 counties and the cities within those counties;
26 (c) On or before June 30, 2017, for Benton, Chelan, Cowlitz,
27 Douglas, Kittitas, Lewis, Skamania, Spokane, and Yakima counties and
28 the cities within those counties; and
29 (d) On or before June 30, 2018, for Adams, Asotin, Columbia,
30 Ferry, Franklin, Garfield, Grant, Grays Harbor, Klickitat, Lincoln,
31 Okanogan, Pacific, Pend Oreille, Stevens, Wahkiakum, Walla Walla, and
32 Whitman counties and the cities within those counties.
33 (5) Except as otherwise provided in subsections (6) and (8) of
34 this section, following the review of comprehensive plans and
35 development regulations required by subsection (4) of this section,
36 counties and cities shall take action to review and, if needed,
37 revise their comprehensive plans and development regulations to
38 ensure the plan and regulations comply with the requirements of this
39 chapter as follows:
p. 43 E2SHB 1181.SL
1 (a) ((An)) Except as provided in subsection (10) of this section,
2 on or before December 31, 2024, with the following review and, if
3 needed, revision on or before June 30, 2034, and then every ((ten))
4 10 years thereafter, for King, Kitsap, Pierce, and Snohomish counties
5 and the cities within those counties;
6 (b) On or before June 30, 2025, and every ((ten)) 10 years
7 thereafter, for Clallam, Clark, Island, Jefferson, Lewis, Mason, San
8 Juan, Skagit, Thurston, and Whatcom counties and the cities within
9 those counties;
10 (c) On or before June 30, 2026, and every ((ten)) 10 years
11 thereafter, for Benton, Chelan, Cowlitz, Douglas, Franklin, Kittitas,
12 Skamania, Spokane, Walla Walla, and Yakima counties and the cities
13 within those counties; and
14 (d) On or before June 30, 2027, and every ((ten)) 10 years
15 thereafter, for Adams, Asotin, Columbia, Ferry, Garfield, Grant,
16 Grays Harbor, Klickitat, Lincoln, Okanogan, Pacific, Pend Oreille,
17 Stevens, Wahkiakum, and Whitman counties and the cities within those
18 counties.
19
(6)(a) Nothing
in this section precludes a
county or city from
20
conducting the review
and evaluation required by
this section before
21
the deadlines established in subsections (4) and
(5) of this section.
22
Counties and cities
may begin this process early
and may be eligible
23
for grants from the
department, subject to available
funding, if they
24
elect to do so.
25
(b) A
county that
is
subject
to a deadline established in
26
subsection
(5)(b) through
(d)
of this
section and meets the following
27
criteria may
comply with
the
requirements of this section at any time
28
within the
twenty-four months
following
the deadline established in
29
subsection
(5) of this section:
The
county has a population of less
30
than fifty
thousand and
has
had its
population increase by no more
31
than seventeen percent
in
the ten
years preceding the deadline
32
established
in subsection
(5)
of this
section as of that date.
33
(c) A
city that
is subject to a deadline established in
34
subsection
(5)(b) through
(d) of this section
and meets the following
35
criteria may comply with the requirements of
this section at any time
36
within the
twenty-four
months following the
deadline established in
37
subsection
(5) of this
section: The city has
a population of no more
38
than five
thousand and
has had its population
increase by the greater
39
of either
no more than
one hundred persons or no more than seventeen
p. 44 E2SHB 1181.SL
1 percent in the ten years preceding the deadline established in
2 subsection (5) of this section as of that date.
3 (d) State agencies are encouraged to provide technical assistance
4 to the counties and cities in the review of critical area ordinances,
5 comprehensive plans, and development regulations.
6 (7)(a) The requirements imposed on counties and cities under this
7 section shall be considered "requirements of this chapter" under the
8 terms of RCW 36.70A.040(1). Only those counties and cities that meet
9 the following criteria may receive grants, loans, pledges, or
10 financial guarantees under chapter 43.155 or 70A.135 RCW:
11 (i) Complying with the deadlines in this section; or
12 (ii) Demonstrating substantial progress towards compliance with
13 the schedules in this section for development regulations that
14 protect critical areas.
15 (b) A county or city that is fewer than ((tee)) 12 months out
16 of compliance with the schedules in this section for development
17 regulations that protect critical areas is making substantial
18 progress towards compliance. Only those counties and cities in
19 compliance with the schedules in this section may receive preference
20 for grants or loans subject to the provisions of RCW 43.17.250.
21 (8)(a) Except as otherwise provided in (c) of this subsection, if
22 a participating watershed is achieving benchmarks and goals for the
23 protection of critical areas functions and values, the county is not
24 required to update development regulations to protect critical areas
25 as they specifically apply to agricultural activities in that
26 watershed.
27
28
29
30
31
32
(b) A county that has made the election under RCW 36.70A.710 (1)
may only adopt or amend development regulations to protect critical
areas as they specifically apply to agricultural activities in a
participating watershed if:
(i) A work plan has been
accordance with RCW 36.70A.725;
approved for that watershed in
33
(ii)
The local watershed group for that watershed
has requested
34
the county to adopt or amend development regulations
as part of a
35
work plan
developed under RCW 36.70A.720;
36
(iii)
The adoption or amendment of the development
regulations is
37
necessary
to enable the county to respond to an order
of the growth
38
management
hearings board or court;
39
(iv)
The adoption or amendment of development regulations is
40
necessary
to address a threat to human health or safety;
or
p. 45
E2SHB 1181.SL
1 (v) Three or more years have elapsed since the receipt of
2 funding.
3 (c) Beginning ((tell)) 10 years from the date of receipt of
4 funding, a county that has made the election under RCW 36.70A.710(1)
5 must review and, if necessary, revise development regulations to
6 protect critical areas as they specifically apply to agricultural
7 activities in a participating watershed in accordance with the review
8 and revision requirements and timeline in subsection (5) of this
9 section. This subsection (8)(c) does not apply to a participating
10 watershed that has determined under RCW 36.70A.720(2)(c)(ii) that the
11 watershed's goals and benchmarks for protection have been met.
12 (9)(a) Counties subject to planning deadlines established in
13 subsection (5) of this section that are required or that choose to
14 plan under RCW 36.70A.040 and that meet either criteria of (a)(i) or
15 (ii) of this subsection, and cities with a population of more than
16 6,000 as of April 1, 2021, within those counties, must provide to the
17 department an implementation progress report detailing the progress
18 they have achieved in implementing their comprehensive plan five
19 years after the review and revision of their comprehensive plan. Once
20 a county meets the criteria in (a)(i) or (ii) of this subsection, the
21 implementation progress report requirements remain in effect
22 thereafter for that county and the cities therein with populations
23 greater than 6,000 as of April 1, 2021, even if the county later no
24 longer meets either or both criteria. A county is subject to the
25 implementation progress report requirement if it meets either of the
26 following criteria on or after April 1, 2021:
27 (i) The county has a population density of at least 100 people
28 per square mile and a population of at least 200,000; or
29 (ii) The county has a population density of at least 75 people
30 per square mile and an annual growth rate of at least 1.75 percent as
31 determined by the office of financial management.
32 (b) The department shall adopt guidelines for indicators,
33 measures, milestones, and criteria for use by counties and cities in
34 the implementation progress report that must cover:
35 (i) The implementation of previously adopted changes to the
36 housing element and any effect those changes have had on housing
37 affordability and availability within the jurisdiction;
38 (ii) Permit processing timelines; and
39 (iii) Progress toward implementing any actions required to
40 achieve reductions to meet greenhouse gas and vehicle miles traveled
p. 46 E2SHB 1181.SL
1 requirements as provided for in any element of the comprehensive plan
2 under RCW 36.70A.070.
3 (c) If a city or county required to provide an implementation
4 progress report under this subsection (9) has not implemented any
5 specifically identified regulations, zoning and land use changes, or
6 taken other legislative or administrative action necessary to
7 implement any changes in the most recent periodic update in their
8 comprehensive plan by the due date for the implementation progress
9 report, the city or county must identify the need for such action in
10 the implementation progress report. Cities and counties must adopt a
11 work plan to implement any necessary regulations, zoning and land use
12 changes, or take other legislative or administrative action
13 identified in the implementation progress report and complete all
14 work necessary for implementation within two years of submission of
15 the implementation progress report.
16 (10) Any county or city that is required by section 4 of this act
17 to include in its comprehensive plan a climate change and resiliency
18 element and that is also required by subsection (5)(a) of this
19 section to review and, if necessary, revise its comprehensive plan on
20 or before December 31, 2024, must update its transportation element
21 and incorporate a climate change and resiliency element into its
22 comprehensive plan as part of the first implementation progress
23 report required by subsection (9) of this section if funds are
24 appropriated and distributed by December 31. 2027. as required under
25 RCW 36.70A.070(10
26
NEW SECTION. Sec. 16.
A new section
is added to chapter 36.70A
27
RCW to read as follows:
28
(1) Notwithstanding the
requirements of
RCW 36.70A.070(10), it is
29
the intent that jurisdictions
subject
to RCW 36.70A.130(5)(b)
30
implement the requirements
of this act on
or before June 30, 2025.
31
Any funding provided to cover applicable
local government costs
32
related to implementation of
this act shall
be considered timely.
33
(2) This section expires
July 31, 2025.
34 NEW SECTION. Sec. 17. A new section is added to chapter 43.20
35 RCW to read as follows:
36 (1)(a) Beginning with water system plans initiated after June 30,
37 2025, the department shall ensure water system plans for group A
p. 47 E2SHB 1181.SL
1 community
public water systems serving 1,000 or more connections
2 include a
climate resilience element at
the time of approval.
3 (b) The department must update
its water system planning
4 guidebook
to assist water systems
in implementing the climate
5 resilience
element, including guidance
on any available technical and
6 financial
resources.
7 (c) The department shall provide technical assistance to public
8 water systems based on their system size, location, and water source,
9 by providing references to existing state or federal risk management,
10 climate resiliency, or emergency management and response tools that
11 may be used to satisfy the climate resilience element.
12 (d) Subject to the availability of amounts appropriated for this
13 specific purpose, the University of Washington climate impacts group
14 shall assist the department in the development of tools for the
15 technical assistance to be provided in (c) of this subsection.
16 (2) To fulfill the requirements of the climate resilience
17 element, water systems must:
18 (a) Determine which extreme weather events pose significant
19 challenges to their system and build scenarios to identify potential
20 impacts;
21 (b) Assess critical assets and the actions necessary to protect
22 the system from the consequences of extreme weather events on system
23 operations; and
24 (c) Generate reports describing the costs and benefits of the
25 system's risk reduction strategies and capital project needs.
26 (3) Climate readiness projects, including planning to meet the
27 requirements of this section and actions to protect a water system
28 from extreme weather events, including infrastructure and design
29 projects, are eligible for financial assistance under RCW
30 70A.125.180. The department must develop grant and loan eligibility
31 criteria and consider applications from water systems that identify
32 climate readiness projects.
33
Sec.
18. RCW 70A.125.180 and
2020
c 20 s 1359 are each amended
34
to read
as follows:
35
Subject
to the availability
of amounts
appropriated for this
36
specific
purpose, the department
shall
provide financial assistance
37
through
a water system acquisition
and
rehabilitation program, hereby
38
created.
( (The laregrafft shall be jeintl1
ael inistereel with the . _lie
39
werks beard
and the delaartment
ef
eefftffteree.)) The ((ageneies))
p.
48
E2SHB 1181.SL
1 department shall adopt guidelines for the program using as a model
2 the procedures and criteria of the drinking water revolving loan
3 program authorized under RCW 70A.125.160. All financing provided
4 through the program must be in the form of grants or loans that
5 partially cover project costs, including projects and planning
6 required under section 17 of this act. The maximum grant or loan to
7 any eligible entity may not exceed ((twenty �F'_.e) ) 25 percent of the
8 funds allocated to the appropriation in any fiscal year.
9 NEW SECTION. Sec. 19. If specific funding for the purposes of
10 this act, referencing this act by bill or chapter number, is not
11 provided by June 30, 2023, in the omnibus appropriations act, this
12 act is null and void.
Passed by the House April 13, 2023.
Passed by the Senate April 7, 2023.
Approved by the Governor May 3, 2023.
Filed in Office of Secretary of State May 4, 2023.
--- END ---
p. 49 E2SHB 1181.SL
CITY OF SPOKANE VALLEY
Request for Planning Commission Action
Meeting Date: August 24, 2023
Item: Check all that apply ❑ old business ❑ new business ❑ public hearing
❑ information ® study session ❑ pending legislation
AGENDA ITEM TITLE: HB 1042 — Use of Existing Buildings for Residential Purposes
GOVERNING LEGISLATION: Chapters 19.27A, 35.21, 35A.21, 43.21C RCW
PREVIOUS COMMISSION ACTION: None
BACKGROUND: Engrossed Substitute House Bill 1042, Use of Existing Buildings for Residential
Purposes, was signed into law on May 4, 2023. The city must adopt development regulations to implement
the new law by December 31, 2026
Under this new legislation, the city must allow for a 50% increase in density if constructed entirely within
an existing building, provided the zone permits multifamily housing. All health and safety standards,
including building code standards and fire and life safety standards must be met.
Under this new legislation the city may not:
• Impose parking requirements on the dwelling units added;
• With the exception of emergency housing and transitional housing uses, impose permitting
requirements on the use of an existing building for residential purposes beyond those requirements
applicable to all residential development within the building's zone;
• Impose design standard requirements on the use of an existing building for residential purposes
beyond those requirements applicable to all residential development within the building's zone;
• Impose exterior design or architectural requirements on the residential use of an existing building
beyond those necessary for health and safety of the use of the interior of the building or to preserve
character -defining streetscapes, unless the building is a designated landmark or is within a historic
district established through a local preservation ordinance;
• Prohibit the addition of housing units in any specific part of a building except ground floor
commercial or retail that is along a major pedestrian corridor as defined by the code city;
• Require unchanged portions of an existing building used for residential purposes to meet the current
energy code solely because of the addition of new dwelling units within the building;
• Deny a building permit application for the addition of housing units within an existing building due
to nonconformity regarding parking, height, setbacks, elevator size for gurney transport, or
modulation, unless the code city official with decision -making authority makes written findings
that the nonconformity is causing a significant detriment to the surrounding area;
• Require transportation concurrency study under RCW 36.70A.070 or an environmental study under
chapter 43.21C RCW based on the addition of residential units within an existing building.
Nothing in this legislation requires a city or county to approve the addition of housing units in cases in
which the building cannot satisfy life safety standards.
ACTION OR MOTION: No action recommended at this time.
STAFF CONTACT: Levi Basinger, Planner
ATTACHMENTS: HB 1042 Session Law
RPCA Study Session for HE 1042 Use of Existing Buildings for Residential Purposes
Page 1 of l
[a)0l 4008:0C AN0to]411W01 Mal INN amahhYY
ENGROSSED SUBSTITUTE HOUSE BILL 1042
Chapter 285, Laws of 2023
68th Legislature
2023 Regular Session
L801aWi1M00N69Yski, [m 181*a03841,M�001M00&1@ W41,00I_\00•1S1:70i1,9W
EFFECTIVE DATE: July 23, 2023
Passed by the House April 14, 2023
Yeas 96 Nays 0
LAURIE JINKINS
Speaker of the House of
Representatives
Passed by the Senate April 5, 2023
Yeas 45 Nays 3
DENNY HECK
President of the Senate
Approved May 4, 2023 3:07 PM
JAY INSLEE
Governor of the State of Washington
CERTIFICATE
I, Bernard Dean, Chief Clerk of the
House of Representatives of the
State of Washington, do hereby
certify that the attached is
ENGROSSED SUBSTITUTE HOUSE BILL
1042 as passed by the House of
Representatives and the Senate on
the dates hereon set forth.
BERNARD DEAN
Chief Clerk
FILED
May 5, 2023
Secretary of State
State of Washington
ENGROSSED SUBSTITUTE HOUSE BILL 1042
AS AMENDED BY THE SENATE
Passed Legislature - 2023 Regular Session
State of Washington 68th Legislature 2023 Regular Session
By House Housing (originally sponsored by Representatives Walen, Ryu,
Barkis, Simmons, Duerr, Goodman, Bateman, Reed, Ramel, Peterson,
Pollet, Doglio, Macri, Reeves, Mena, Tharinger, Wylie, Gregerson,
Springer, Bergquist, Thai, Kloba, Santos, and Ormsby)
READ FIRST TIME O1/23/23.
1 AN ACT Relating
to the creation of additional housing units in
2 existing
buildings;
amending RCW 43.21C.450; adding a new section to
3 chapter
35A.21 RCW;
adding a new section to chapter 35.21 RCW; and
4 adding a
new section
to chapter 19.27A RCW.
5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
0
7
8
9
10
11
12
13
14
15
16
NEW SECTION. Sec. 1. A new section is added to chapter 35A.21
RCW to read as follows:
(1)(a) Code cities must adopt or amend by ordinance, and
incorporate into their development regulations, zoning regulations,
and other official controls the requirements of subsection (2) of
this section for buildings that are zoned for commercial or mixed use
no later than six months after its next periodic comprehensive plan
update required under RCW 36.70A.130.
(b) The requirements of subsection (2) of this section apply and
take effect in any code city that has not adopted or amended
ordinances, regulations, or other official controls as required under
this section by the timeline in (a) of this subsection and supersede,
preempt, and invalidate any conflicting local development
regulations.
P. 1 ESHB 1042.SL
1 (2) Through ordinances, development regulations, zoning
2 regulations, or other official controls as required under subsection
3 (1) of this section, code cities may not:
4 (a) Impose a restriction on housing unit density that prevents
5 the addition of housing units at a density up to 50 percent more than
6 what is allowed in the underlying zone if constructed entirely within
7 an existing building envelope in a building located within a zone
8 that permits multifamily housing, provided that generally applicable
9 health and safety standards, including but not limited to building
10 code standards and fire and life safety standards, can be met within
11 the building;
12 (b) Impose parking requirements on the addition of dwelling units
13 or living units added within an existing building, however, cities
14 may require the retention of existing parking that is required to
15 satisfy existing residential parking requirements under local laws
16 and for nonresidential uses that remain after the new units are
17 added;
18 (c) With the exception of emergency housing and transitional
19 housing uses, impose permitting requirements on the use of an
20 existing building for residential purposes beyond those requirements
21 generally applicable to all residential development within the
22 building's zone;
23 (d) Impose design standard requirements, including setbacks, lot
24 coverage, and floor area ratio requirements, on the use of an
25 existing building for residential purposes beyond those requirements
26 generally applicable to all residential development within the
27 building's zone;
28 (e) Impose exterior design or architectural requirements on the
29 residential use of an existing building beyond those necessary for
30 health and safety of the use of the interior of the building or to
31 preserve character -defining streetscapes, unless the building is a
32 designated landmark or is within a historic district established
33 through a local preservation ordinance;
34 (f) Prohibit the addition of housing units in any specific part
35 of a building except ground floor commercial or retail that is along
36 a major pedestrian corridor as defined by the code city, unless the
37 addition of the units would violate applicable building codes or
38 health and safety standards;
39 (g) Require unchanged portions of an existing building used for
40 residential purposes to meet the current energy code solely because
p. 2 ESHB 1042.SL
1 of the addition of new dwelling units within the building, however,
2 if any portion of an existing building is converted to new dwelling
3 units, each of those new units must meet the requirements of the
4 current energy code;
5 (h) Deny a building permit application for the addition of
6 housing units within an existing building due to nonconformity
7 regarding parking, height, setbacks, elevator size for gurney
8 transport, or modulation, unless the code city official with
9 decision -making authority makes written findings that the
10 nonconformity is causing a significant detriment to the surrounding
11 area; or
12 (i) Require a transportation concurrency study under RCW
13 36.70A.070 or an environmental study under chapter 43.21C RCW based
14 on the addition of residential units within an existing building.
15 (3) Nothing in this section requires a code city to approve a
16 building permit application for the addition of housing units
17 constructed entirely within an existing building envelope in a
18 building located within a zone that permits multifamily housing in
19 cases in which the building cannot satisfy life safety standards.
20 (4) For the purpose of this section, "existing building" means a
21 building that received a certificate of occupancy at least three
22 years prior to the permit application to add housing units.
23 NEW SECTION. Sec. 2. A new section is added to chapter 35.21
24 RCW to read as follows:
25 (1)(a) Cities must adopt or amend by ordinance, and incorporate
26 into their development regulations, zoning regulations, and other
27 official controls the requirements of subsection (2) of this section
28 for buildings that are zoned for commercial or mixed use no later
29 than six months after its next periodic comprehensive plan update
30 required under RCW 36.70A.130.
31 (b) The requirements of subsection (2) of this section apply and
32 take effect in any city that has not adopted or amended ordinances,
33 regulations, or other official controls as required under this
34 section by the timeline in (a) of this subsection and supersede,
35 preempt, and invalidate any conflicting local development
36 regulations.
37 (2) Through ordinances, development regulations, zoning
38 regulations, or other official controls as required under subsection
39 (1) of this section, cities may not:
p. 3 ESHB 1042.SL
1 (a) Impose a restriction on housing unit density that prevents
2 the addition of housing units at a density up to 50 percent more than
3 what is allowed in the underlying zone if constructed entirely within
4 an existing building envelope in a building located within a zone
5 that permits multifamily housing, provided that generally applicable
6 health and safety standards, including but not limited to building
7 code standards and fire and life safety standards, can be met within
8 the building;
9 (b) Impose parking requirements on the addition of dwelling units
10 or living units added within an existing building, however, cities
11 may require the retention of existing parking that is required to
12 satisfy existing residential parking requirements under local laws
13 and for nonresidential uses that remain after the new units are
14 added;
15 (c) With the exception of emergency housing and transitional
16 housing uses, impose permitting requirements on the use of an
17 existing building for residential purposes beyond those requirements
18 generally applicable to all residential development within the
19 building's zone;
20 (d) Impose design standard requirements, including setbacks, lot
21 coverage, and floor area ratio requirements, on the use of an
22 existing building for residential purposes beyond those requirements
23 generally applicable to all residential development within the
24 building's zone;
25 (e) Impose exterior design or architectural requirements on the
26 residential use of an existing building beyond those necessary for
27 health and safety of the use of the interior of the building or to
28 preserve character -defining streetscapes, unless the building is a
29 designated landmark or is within a historic district established
30 through a local preservation ordinance;
31 (f) Prohibit the addition of housing units in any specific part
32 of a building except ground floor commercial or retail that is along
33 a major pedestrian corridor as defined by each city, unless the
34 addition of the units would violate applicable building codes or
35 health and safety standards;
36 (g) Require unchanged portions of an existing building used for
37 residential purposes to meet the current energy code solely because
38 of the addition of new dwelling units within the building, however,
39 if any portion of an existing building is converted to new dwelling
p. 4 ESHB 1042.SL
1 units, each of those new units must meet the requirements of the
2 current energy code;
3 (h) Deny a building permit application for the addition of
4 housing units within an existing building due to nonconformity
5 regarding parking, height, setbacks, elevator size for gurney
6 transport, or modulation, unless the city official with decision-
7 making authority makes written findings that the nonconformity is
8 causing a significant detriment to the surrounding area; or
9 (i) Require a transportation concurrency study under RCW
10 36.70A.070 or an environmental study under chapter 43.21C RCW based
11 on the addition of residential units within an existing building.
12 (3) Nothing in this section requires a city to approve a building
13 permit application for the addition of housing units constructed
14 entirely within an existing building envelope in a building located
15 within a zone that permits multifamily housing in cases in which the
16 building cannot satisfy life safety standards.
17 (4) For the purpose of this section, "existing building" means a
18 building that received a certificate of occupancy at least three
19 years prior to the permit application to add housing units.
20 NEW SECTION. Sec. 3. A new section is added to chapter 19.27A
21 RCW to read as follows:
22 By January 1, 2024, the state building code council shall adopt
23 by rule an amendment to the current energy code that waives the
24 requirement for unchanged portions of an existing building used for
25 residential purposes to meet the current energy code solely because
26 of the addition of new dwelling units within the building. New
27 dwelling units created within the existing building must meet the
28 requirements of the current energy code.
29 Sec. 4. RCW 43.21C.450 and 2012 1st sp.s. c 1 s 307 are each
30 amended to read as follows:
31 The following nonproject actions are categorically exempt from
32 the requirements of this chapter:
33 (1) Amendments to development regulations that are required to
34 ensure consistency with an adopted comprehensive plan pursuant to RCW
35 36.70A.040, where the comprehensive plan was previously subjected to
36 environmental review pursuant to this chapter and the impacts
37 associated with the proposed regulation were specifically addressed
38 in the prior environmental review;
p. 5 ESHB 1042.SL
1 (2) Amendments
to development regulations that
are required to
2 ensure consistency
with a shoreline master program
approved pursuant
3 to RCW 90.58.090,
where the shoreline master program was previously
4 subjected to environmental
review pursuant to this
chapter and the
5 impacts associated
with the proposed regulation were specifically
6 addressed in the prior
environmental review;
7
(3)
Amendments to development regulations that, upon
8
implementation of a project action, will provide increased
9
environmental protection, limited to the following:
10
(a)
Increased protections for critical areas, such as enhanced
11
buffers
or setbacks;
12
(b)
Increased vegetation retention or decreased impervious
13
surface
areas in shoreline jurisdiction; and
14
(c)
Increased vegetation retention or decreased impervious
15
surface
areas in critical areas;
16
(4)
Amendments to technical codes adopted by a county, city, or
17
town to
ensure consistency with minimum standards contained in state
18
law, including the following:
19
(a)
Building codes required by chapter 19.27 RCW;
20
(b)
Energy codes required by chapter 19.27A RCW; and
21
(c)
Electrical codes required by chapter 19.28 RCW.
22
(5)
Adoption or amendment of ordinances, development regulations,
23
zonina
regulations, and other official controls necessary to comply
24 with sections 1 and 2 of this act.
Passed by the House April 14, 2023.
Passed by the Senate April 5, 2023.
Approved by the Governor May 4, 2023.
Filed in Office of Secretary of State May 5, 2023.
--- END ---
p. 6 ESHB 1042.SL
CITY OF SPOKANE VALLEY
Request for Planning Commission Action
Meeting Date: August 24, 2023
Item: Check all that apply ❑ old business ❑ new business ❑ public hearing
❑ information ® study session ❑ pending legislation
AGENDA ITEM TITLE: HB 1337 — Accessory Dwelling Units — Urban Growth Areas
GOVERNING LEGISLATION: Chapters 36.70A, 43.21C, 64.32, 64.34, 64.38, 64.90
Revised Code of Washington (RCW)
PREVIOUS COMMISSION ACTION: None
BACKGROUND: Engrossed Substitute House Bill 1337, Accessory Dwelling Units, was signed
into law on May 8, 2023. The state purpose of this legislation is to expand housing options by
easing barriers to the construction of accessory dwelling units (ADUs). The city must adopt
development regulations to implement the new law by December 31, 2026.
Under this new legislation, the city must allow for at least two ADUs on all lots that allow detached
single-family homes, provided the lots meet minimum lot size requirements. The ADUs may be
attached, detached, or a combination of both. In addition, jurisdictions must allow for detached
ADUs to be sited at a lot line abutting a public alley, unless the city or county routinely plows
snow on the public alley, and for ADUs to be added in accessory structures, even if they violate
current code requirements for setbacks or lot coverage.
Under this new legislation, the city cannot
• Prohibit the sale or other conveyance of a condominium unit independently of a principal
unit solely on the grounds that condominium unit was originally built as an ADU;
• Require the owner of a lot where this is an ADU to reside in or occupy the ADU or another
housing unit on the same lot;
• Establish a maximum gross floor area for ADUs that is less than 1,000 gross square feet;
• Establish roof height limits on ADUs of less than 24-feet, unless the height limitation that
applies to the principal unit is also less than 24-feet;
• Impose setback restrictions, yard coverage limits, tree retention mandates, restrictions on
entry door locations, aesthetic requirements, or design review for ADUs that are more
restrictive than for principal single-family dwellings;
• Assess impact fees on the construction of ADUs that are greater than 50 percent of the
impact fees for the principal single-family dwelling;
• Require public street improvements as a condition of permitting ADUs;
• Require off-street parking as a condition of permitting ADUs within one-half mile walking
distance of a "major transit stop"; and
• Require more than one (1) off-street parking space as a condition of permitting ADUs on
lots smaller than 6,OOOsq.ft. or more than two (2) spaces on lots greater than 6,OOOsq.ft.;
The city may prohibit or restrict the construction of ADUs in locations where development is
restricted under other laws, rules, or ordinances because of physical proximity to onsite sewage
RPCA Study Session for RB 1337 Accessory Dwelling Units Page 1 of 2
system infrastructure, critical areas, or other unsuitable physical characteristics of a property. The
city may apply the following restrictions to ADUs:
• Prohibiting or restricting the construction of ADUs in residential zones with a density of
one dwelling unit per acre or less that are within areas designated as wetlands, fish and
wildlife habitats, floodplains, or geologically hazardous areas;
• Prohibiting the construction of ADUs on lots that are not connected to or served by public
sewers;
• Restricting the use of ADUs for short term rentals; and
• Applying public health, safety, building code, and environmental permitting requirements
to ADUs that would be applicable to principal dwelling units.
RECOMMENDED ACTION OR MOTION: No action recommended at this time.
STAFF CONTACT: Levi Basinger, Planner
ATTACHMENTS:
1. BB 1337 Session Law
RPCA Study Session for HB 1337 Accessory Dwelling Units Page 2 of 2
lei 0l 4008:0C AN0to]4I<ila■aINKUgquhhYY
HOUSE BILL 1337
Chapter 334, Laws of 2023
(partial veto)
68th Legislature
2023 Regular Session
GROWTH MANAGEMENT ACT —ACCESSORY DWELLING UNITS —URBAN GROWTH AREAS
EFFECTIVE DATE: July 23, 2023
Passed by the House April 14, 2023
Yeas 85 Nays 11
LAURIE JINKINS
Speaker of the House of
Representatives
Passed by the Senate April 6, 2023
Yeas 39 Nays 7
DENNY HECK
President of the Senate
Approved May 8, 2023 1:13 PM with the
exception of section 5, which is
vetoed.
JAY INSLEE
Governor of the State of Washington
CERTIFICATE
I, Bernard Dean, Chief Clerk of the
House of Representatives of the
State of Washington, do hereby
certify that the attached is
ENGROSSED HOUSE BILL 1337 as passed
by the House of Representatives and
the Senate on the dates hereon set
forth.
BERNARD DEAN
Chief Clerk
FILED
May 10, 2023
Secretary of State
State of Washington
ENGROSSED HOUSE BILL 1337
AS AMENDED BY THE SENATE
Passed Legislature - 2023 Regular Session
State of Washington 68th Legislature 2023 Regular Session
By Representatives Gregerson, Barkis, Berry, Christian, Duerr,
Fitzgibbon, Taylor, Ramel, Reeves, Simmons, Walen, Graham, Bateman,
Reed, Lekanoff, Doglio, Tharinger, Cortes, Macri, and Stonier
Read first time 01/16/23. Referred to Committee on Housing.
1 AN ACT Relating to expanding housing options by easing barriers
2 to the construction and use of accessory dwelling units; amending RCW
3 36.70A.696, 43.21C.495, and 36.70A.280; adding new sections to
4 chapter 36.70A RCW; adding a new section to chapter 64.34 RCW; adding
5 a new section to chapter 64.32 RCW; adding a new section to chapter
6 64.38 RCW; adding a new section to chapter 64.90 RCW; creating a new
7 section; and repealing RCW 35.63.210, 35A.63.230, 36.70A.400,
8 36.70.677, and 43.63A.215.
9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
10 NEW SECTION. Sec. 1. (1) The legislature makes the following
11 findings:
12 (a) Washington state is experiencing a housing affordability
13 crisis. Many communities across the state are in need of more housing
14 for renters across the income spectrum.
15 (b) Many cities dedicate the majority of residentially zoned land
16 to single detached houses that are increasingly financially out of
17 reach for many households. Due to their smaller size, accessory
18 dwelling units can provide a more affordable housing option in those
19 single-family zones.
20 (c) Localities can start to correct for historic economic and
21 racial exclusion in single-family zones by opening up these
P. 1 EHB 1337.SL
1 neighborhoods to more diverse housing types, including accessory
2 dwelling units, that provide lower cost homes. Increasing housing
3 options in expensive, high -opportunity neighborhoods will give more
4 families access to schools, parks, and other public amenities
5 otherwise accessible to only the wealthy.
6 (d) Accessory dwelling units are frequently rented below market
7 rate, providing additional affordable housing options for renters.
8 (e) Accessory dwelling units can also help to provide housing for
9 very low-income households. More than 10 percent of accessory
10 dwelling units in some areas are occupied by tenants who pay no rent
11 at all; among these tenants are grandparents, adult children, family
12 members with disabilities, friends going through life transitions,
13 and community members in need. Accessory dwelling units meet the
14 needs of these people who might otherwise require subsidized housing
15 space and resources.
16 (f) Accessory dwelling units can meet the needs of Washington's
17 growing senior population, making it possible for this population to
18 age in their communities by offering senior -friendly housing, which
19 prioritizes physical accessibility, in walkable communities near
20 amenities essential to successful aging in place, including transit
21 and grocery stores, without requiring costly renovations of existing
22 housing stock.
23 (g) Homeowners who add an accessory dwelling unit may benefit
24 from added income and an increased sense of security.
25 (h) Accessory dwelling units provide environmental benefits. On
26 average they are more energy efficient than single detached houses,
27 and they incentivize adaptive reuse of existing homes and materials.
28 (i) Siting accessory dwelling units near transit hubs, employment
29 centers, and public amenities can help to reduce greenhouse gas
30 emissions by increasing walkability, shortening household commutes,
31 and curtailing sprawl.
32 (2) The legislature intends to promote and encourage the creation
33 of accessory dwelling units as a means to address the need for
34 additional affordable housing options.
35 Sec. 2. RCW 36.70A.696 and 2021 c 306 s 2 are each amended to
36 read as follows:
37 The definitions in this section apply throughout RCW 36.70A.697
38 ((an4)), 36.70A.698, and sections 3 and 4 of this act unless the
39 context clearly requires otherwise.
p. 2 EHB 1337.SL
1 (1) "Accessory dwelling unit" means a dwelling unit located on
2 the same lot as a single-family housing unit, duplex, triplex,
3 townhome, or other housing unit.
4 (2) "Attached accessory dwelling unit" means an accessory
5 dwelling unit located within or attached to a single-family housing
6 unit, duplex, triplex, townhome, or other housing unit.
7 (3) "City" means any city, code city, and town located in a
8 county planning under RCW 36.70A.040.
9 (4) "County" means any county planning under RCW 36.70A.040.
10 (5) "Detached accessory dwelling unit" means an accessory
11 dwelling unit that consists partly or entirely of a building that is
12 separate and detached from a single-family housing unit, duplex,
13 triplex, townhome, or other housing unit and is on the same property.
14 (6) "Dwelling unit" means a residential living unit that provides
15 complete independent living facilities for one or more persons and
16 that includes permanent provisions for living, sleeping, eating,
17 cooking, and sanitation.
18 (7) "Gross floor area" means the interior habitable area of a
19 dwelling unit including basements and attics but not including a
20 garage or accessory structure.
21 (8) "Major transit stop" means:
22 (a) A stop on a high capacity transportation system funded or
23 expanded under the provisions of chapter 81.104 RCW;
24 (b) Commuter rail stops;
25 (c) Stops on rail or fixed guideway systems, including
26 transitways;
27 (d) Stops on bus rapid transit routes or routes that run on high
28 occupancy vehicle lanes; or
29 (e) Stops for a bus or other transit mode providing actual fixed
30 route service at intervals of at least fifteen minutes for at least
31 five hours during the peak hours of operation on weekdays.
32 ((+8+)) (9) "Owner" means any person who has at least 50 percent
33 ownership in a property on which an accessory dwelling unit is
34 located.
35
36
(({9*)) (10) "Principal unit"
unit, duplex, triplex, townhome, or
means the single-family
other housing unit located
housing
on the
37
same lot
as an accessory dwelling unit.
38
(11)
"Short-term rental" means
a lodging use, that is not
a hotel
39
or motel
or bed and breakfast, in
which a dwelling unit, or
portion
p. 3 EHB 1337.SL
1 thereof, is offered or provided to a guest by a short-term rental
2 operator for a fee for fewer than 30 consecutive nights.
3 NEW SECTION. Sec. 3. A new section is added to chapter 36.70A
4 RCW to read as follows:
5 (1)(a) Cities and counties planning under this chapter must adopt
6 or amend by ordinance, and incorporate into their development
7 regulations, zoning regulations, and other official controls the
8 requirements of this section and of section 4 of this act, to take
9 effect six months after the jurisdiction's next periodic
10 comprehensive plan update required under RCW 36.70A.130.
11 (b) In any city or county that has not adopted or amended
12 ordinances, regulations, or other official controls as required under
13 this section, the requirements of this section and section 4 of this
14 act supersede, preempt, and invalidate any conflicting local
15 development regulations.
16 (2) Ordinances, development regulations, and other official
17 controls adopted or amended pursuant to this section and section 4 of
18 this act must only apply in the portions of towns, cities, and
19 counties that are within urban growth areas designated under this
20 chapter.
21 (3) Any action taken by a city or county to comply with the
22 requirements of this section or section 4 of this act is not subject
23 to legal challenge under this chapter or chapter 43.21C RCW.
24 (4) Nothing in this section or section 4 of this act requires or
25 authorizes a city or county to authorize the construction of an
26 accessory dwelling unit in a location where development is restricted
27 under other laws, rules, or ordinances as a result of physical
28 proximity to on -site sewage system infrastructure, critical areas, or
29 other unsuitable physical characteristics of a property.
30 (5) Nothing in this section or in section 4 of this act prohibits
31 a city or county from:
32 (a) Restricting the use of accessory dwelling units for short-
33 term rentals;
34 (b) Applying public health, safety, building code, and
35 environmental permitting requirements to an accessory dwelling unit
36 that would be applicable to the principal unit, including regulations
37 to protect ground and surface waters from on -site wastewater;
38 (c) Applying generally applicable development regulations to the
39 construction of an accessory unit, except when the application of
p. 4 EHB 1337.SL
1
2
3
4
5
6
7
8
9
such regulations would be contrary to this section or to section 4
this act;
(d) Prohibiting the construction of accessory dwelling units
lots that are not connected to or served by public sewers; or
(e) Prohibiting or restricting the construction of
dwelling units in residential zones with a density of one
unit per acre or less that are within areas designated as
fish and wildlife habitats, flood plains, or geologically
areas.
of
on
accessory
dwelling
wetlands,
hazardous
10 NEW SECTION. Sec. 4. A new section is added to chapter 36.70A
11 RCW to read as follows:
12 (1) In addition to ordinances, development regulations, and other
13 official controls adopted or amended to comply with this section and
14 section 3 of this act, a city or county must comply with all of the
15 following policies:
16 (a) The city or county may not assess impact fees on the
17 construction of accessory dwelling units that are greater than 50
18 percent of the impact fees that would be imposed on the principal
19 unit;
20 (b) The city or county may not require the owner of a lot on
21 which there is an accessory dwelling unit to reside in or occupy the
22 accessory dwelling unit or another housing unit on the same lot;
23 (c) The city or county must allow at least two accessory dwelling
24 units on all lots that are located in all zoning districts within an
25 urban growth area that allow for single-family homes in the following
26 configurations:
27 (i) One attached accessory dwellinq unit and one detached
28 accessory dwelling unit;
29 (ii) Two attached accessory dwelling units; or
30 (iii) Two detached accessory dwelling units, which may be
31 comprised of either one or two detached structures;
32 (d) The city or county must permit accessory dwelling units in
33 structures detached from the principal unit;
34 (e) The city or county must allow an accessory dwelling unit on
35 any lot that meets the minimum lot size required for the principal
36 unit;
37 (f) The city or county may not establish a maximum gross floor
38 area requirement for accessory dwelling units that is less than 1,000
39 square feet;
p. 5 EHB 1337.SL
1 (g) The city or county may not establish roof height limits on an
2 accessory dwelling unit of less than 24 feet, unless the height
3 limitation that applies to the principal unit is less than 24 feet,
4 in which case a city or county may not impose roof height limitation
5 on accessory dwelling units that is less than the height limitation
6 that applies to the principal unit;
7 (h) A city or county may not impose setback requirements, yard
8 coverage limits, tree retention mandates, restrictions on entry door
9 locations, aesthetic requirements, or requirements for design review
10 for accessory dwelling units that are more restrictive than those for
11 principal units;
12 (i) A city or county must allow detached accessory dwelling units
13 to be sited at a lot line if the lot line abuts a public alley,
14 unless the city or county routinely plows snow on the public alley;
15 (j) A city or county must allow accessory dwelling units to be
16 converted from existing structures, including but not limited to
17 detached garages, even if they violate current code requirements for
18 setbacks or lot coverage;
19 (k) A city or county may not prohibit the sale or other
20 conveyance of a condominium unit independently of a principal unit
21 solely on the grounds that the condominium unit was originally built
22 as an accessory dwelling unit; and
23 (1) A city or county may not require public street improvements
24 as a condition of permitting accessory dwelling units.
25 (2)(a) A city or county subject to the requirements of this
26 section may not:
27 (i) Require off-street parking as a condition of permitting
28 development of accessory dwelling units within one-half mile walking
29 distance of a major transit stop;
30 (ii) Require more than one off-street parking space per unit as a
31 condition of permitting development of accessory dwelling units on
32 lots smaller than 6,000 square feet before any zero lot line
33 subdivisions or lot splits; and
34 (iii) Require more than two off-street parking spaces per unit as
35 a condition of permitting development of accessory dwelling units on
36 lots greater than 6,000 square feet before any zero lot line
37 subdivisions or lot splits.
38 (b) The provisions of (a) of this subsection do not apply:
39 (i) If a local government submits to the department an empirical
40 study prepared by a credentialed transportation or land use planning
p. 6 EHB 1337.SL
1 expert that clearly demonstrates, and the department finds and
2 certifies, that the application of the parking limitations of (a) of
3 this subsection for accessory dwelling units will be significantly
4 less safe for vehicle drivers or passengers, pedestrians, or
5 bicyclists than if the jurisdiction's parking requirements were
6 applied to the same location for the same number of detached houses.
7 The department must develop guidance to assist cities and counties on
8 items to include in the study; or
9 (ii) To portions of cities within a one mile radius of a
10 commercial airport in Washington with at least 9,000,000 annual
11 enplanements.
12 (3) When regulating accessory dwelling units, cities and counties
13 may impose a limit of two accessory dwelling units, in addition to
14 the principal unit, on a residential lot of 2,000 square feet or
15 less.
16 (4) The provisions of this section do not apply to lots
17 designated with critical areas or their buffers as designated in RCW
18 36.70A.060, or to a watershed serving a reservoir for potable water
19 if that watershed is or was listed, as of the effective date of this
20 section, as impaired or threatened under section 303(d) of the
21 federal clean water act (33 U.S.C. Sec. 1313(d)).
22 *NEW SECTION. Sec. 5. A new section is added to chapter 36.70A
23 RCW to read as follows:
24 To encourage the use of accessory dwelling units for long-term
25 housing, cities and counties may adopt ordinances, development
26 regulations, and other official controls which waive or defer fees,
27 including impact fees, defer the payment of taxes, or waive specific
28 regulations. Cities and counties may only offer such reduced or
29 deferred fees, deferred taxes, waivers, or other incentives for the
30 development or construction of accessory dwelling units if:
31 (1) The units are located within an urban growth area; and
32 (2) The units are subject to a program adopted by the city or
33 county with effective binding commitments or covenants that the units
34 will be primarily utilized for long-term housing consistent with the
35 public purpose for this authorization.
*Sec. 5 was vetoed. See message at end of chapter.
36 Sec. 6. RCW 43.21C.495 and 2022 c 246 s 3 are each amended to
37 read as follows:
p. 7 EHB 1337.SL
1
(1) Adoption of ordinances, development
regulations and
2
amendments to such regulations, and other nonproject
actions taken by
3
a city to implement: The actions specified in section
2, chapter 246,
4
Laws of 2022 unless the adoption of such ordinances,
development
5
regulations and amendments to such regulations, or
other nonproject
6
actions has a probable significant adverse impact
on fish habitat;
7
and the increased residential building capacity actions
identified in
8
RCW 36.70A.600(1), with the exception of the action
specified in RCW
9
36.70A.600(1)(f), are not subject to administrative
or judicial
10
appeals under this chapter.
11
(2) Adoption of ordinances, development
regulations and
12
amendments to such regulations, and other nonproject
actions taken by
13
a city or county consistent with the requirements of
sections 3 and 4
14
of this act are not subject to administrative or
judicial appeals
15
under this chapter.
16 Sec. 7. RCW 36.70A.280 and 2011 c 360 s 17 are each amended to
17 read as follows:
18 (1) The growth management hearings board shall hear and determine
19 only those petitions alleging either:
20 (a) That, except as provided otherwise by this subsection, a
21 state agency, county, or city planning under this chapter is not in
22 compliance with the requirements of this chapter, chapter 90.58 RCW
23 as it relates to the adoption of shoreline master programs or
24 amendments thereto, or chapter 43.21C RCW as it relates to plans,
25 development regulations, or amendments, adopted under RCW 36.70A.040
26 or chapter 90.58 RCW. Nothing in this subsection authorizes the board
27 to hear petitions alleging noncompliance ((with RGW 36— 9A.9891))
28 based on a city or county's actions taken to implement the
29 requirements of sections 3 and 4 of this act within an urban growth
30 area;
31 (b) That the ((twenty-)) 20-year growth management planning
32 population projections adopted by the office of financial management
33 pursuant to RCW 43.62.035 should be adjusted;
34 (c) That the approval of a work plan adopted under RCW
35 36.70A.735(1)(a) is not in compliance with the requirements of the
36 program established under RCW 36.70A.710;
37 (d) That regulations adopted under RCW 36.70A.735(1)(b) are not
38 regionally applicable and cannot be adopted, wholly or partially, by
39 another jurisdiction; or
P. 8 EHB 1337.SL
1 (e) That a department certification under RCW 36.70A.735(1)(c) is
2 erroneous.
3 (2) A petition may be filed only by: (a) The state, or a county
4 or city that plans under this chapter; (b) a person who has
5 participated orally or in writing before the county or city regarding
6 the matter on which a review is being requested; (c) a person who is
7 certified by the governor within ((sip)) 60 days of filing the
8 request with the board; or (d) a person qualified pursuant to RCW
9 34.05.530.
10 (3) For purposes of this section "person" means any individual,
11 partnership, corporation, association, state agency, governmental
12 subdivision or unit thereof, or public or private organization or
13 entity of any character.
14 (4) To establish participation standing under subsection (2)(b)
15 of this section, a person must show that his or her participation
16 before the county or city was reasonably related to the person's
17 issue as presented to the board.
18 (5) When considering a possible adjustment to a growth management
19 planning population projection prepared by the office of financial
20 management, the board shall consider the implications of any such
21 adjustment to the population forecast for the entire state.
22 The rationale for any adjustment that is adopted by the board
23 must be documented and filed with the office of financial management
24 within ten working days after adoption.
25 If adjusted by the board, a county growth management planning
26 population projection shall only be used for the planning purposes
27 set forth in this chapter and shall be known as the "board adjusted
28 population projection." None of these changes shall affect the
29 official state and county population forecasts prepared by the office
30 of financial management, which shall continue to be used for state
31 budget and planning purposes.
32 NEW SECTION. Sec. 8. A new section is added to chapter 36.70A
33 RCW to read as follows:
34 (1) By December 31, 2023, the department must revise its
35 recommendations for encouraging accessory dwelling units to include
36 the provisions of sections 3 and 4 of this act.
37 (2) During each comprehensive plan review required by RCW
38 36.70A.130, the department must review local government comprehensive
39 plans and development regulations for compliance with sections 3 and
P. 9 EHB 1337.SL
1 4 of this act and the department's recommendations under subsection
2 (1) of this section.
3 NEW SECTION. Sec. 9. A new section is added to chapter 64.34
4 RCW to read as follows:
5 (1) Except a declaration created to protect public health and
6 safety, and ground and surface waters from on -site wastewater, a
7 declaration created after the effective date of this section and
8 applicable to a property located within an urban growth area may not
9 impose any restriction or prohibition on the construction,
10 development, or use on a lot of an accessory dwelling unit that the
11 city or county in which the urban growth area is located would be
12 prohibited from imposing under section 4 of this act.
13 (2) For the purposes of this section, "urban growth area" has the
14 same meaning as in RCW 36.70A.030.
15 (3) A city or county issuing a permit for the construction of an
16 accessory dwelling unit may not be held civilly liable on the basis
17 that the construction of the accessory dwelling unit would violate a
18 restrictive covenant or deed restriction.
19 NEW SECTION. Sec. 10. A new section is added to chapter 64.32
20 RCW to read as follows:
21 (1) Except a declaration created to protect public health and
22 safety, and ground and surface waters from on -site wastewater, a
23 declaration created after the effective date of this section and
24 applicable to a property located within an urban growth area may not
25 impose any restriction or prohibition on the construction,
26 development, or use on a lot of an accessory dwelling unit that the
27 city or county in which the urban growth area is located would be
28 prohibited from imposing under section 4 of this act.
29 (2) For the purposes of this section, "urban growth area" has the
30 same meaning as in RCW 36.70A.030.
31 (3) A city or county issuing a permit for the construction of an
32 accessory dwelling unit may not be held civilly liable on the basis
33 that the construction of the accessory dwelling unit would violate a
34 restrictive covenant or deed restriction.
35 NEW SECTION. Sec. 11. A new section is added to chapter 64.38
36 RCW to read as follows:
P. 10 EHB 1337.SL
1 (1) Except governing documents of associations created to protect
2 public health and safety, and ground and surface waters from on -site
3 wastewater, governing documents of associations created after the
4 effective date of this section and applicable to a property located
5 within an urban growth area may not impose any restriction or
6 prohibition on the construction, development, or use on a lot of an
7 accessory dwelling unit that the city or county in which the urban
8 growth area is located would be prohibited from imposing under
9 section 4 of this act.
10 (2) For the purposes of this section, "urban growth area" has the
11 same meaning as in RCW 36.70A.030.
12 (3) A city or county issuing a permit for the construction of an
13 accessory dwelling unit may not be held civilly liable on the basis
14 that the construction of the accessory dwelling unit would violate a
15 restrictive covenant or deed restriction.
16
NEW SECTION. Sec. 12. A
new section is added to chapter 64.90
17
RCW to read as follows:
18
(1) Except declarations
and governing documents of common
19
interest communities created to
protect public health and safety, and
20
ground and surface waters from
on -site wastewater, declarations and
21
governing documents of common interest
communities created after the
22
effective date of this section
and applicable to a property located
23
within an urban growth area
may not impose any restriction or
24
prohibition on the construction,
development, or use on a lot of an
25
accessory dwelling unit that the city or county in which the urban
26
growth area is located would
be prohibited from imposing under
27
section 4 of this act.
28
(2) For the purposes of this
section, "urban
growth area"
has the
29
same meaning as in RCW 36.70A.030.
30
(3) A city or county issuing
a permit for the construction
of an
31
accessory dwelling unit may not
be held civilly
liable on
the basis
32
that the construction of the accessory dwelling
unit would
violate a
33
restrictive covenant or deed restriction.
34
NEW SECTION. Sec. 13. The
following acts
or parts of
acts are
35
each repealed:
36
(1) RCW 35.63.210 (Accessory
apartments) and
1993 c 478 s 8;
37
(2) RCW 35A.63.230 (Accessory
apartments) and
1993 c 478
s 9;
38
(3) RCW 36.70A.400 (Accessory
apartments) and
1993 c 478
s 11;
P. 11 EHB 1337.SL
1 (4) RCW 36.70.677 (Accessory apartments) and 1993 c 478 s 10; and
2 (5) RCW 43.63A.215 (Accessory apartments Development and
3 placement —Local governments) and 1993 c 478 s 7.
Passed by the House April 14, 2023.
Passed by the Senate April 6, 2023.
Approved by the Governor May 8, 2023, with the exception of
certain items that were vetoed.
Filed in Office of Secretary of State May 10, 2023.
Note: Governor's explanation of partial veto is as follows:
"I am returning herewith, without my approval as to Section 5,
Engrossed House Bill No. 1337 entitled:
"AN ACT Relating to expanding housing options by easing barriers
to the construction and use of accessory dwelling units."
Section 5 of the bill gives local governments authority to waive or
defer fees, defer payment of taxes, or waive other regulations for
the development of accessory dwelling units (ADUs) if specified
conditions are met. The specified conditions are that the ADU must be
located within an urban growth area, and the ADU must be subject to a
locally adopted covenant program ensuring that the ADU will be
primarily utilized for long-term housing. Current law allows local
governments to waive fees, taxes, and to establish various incentives
for the construction of ADUs without requiring the creation of a
local covenant program. The administrative costs necessary to
administer a new covenant program for ADUs may cause some cities to
discontinue current incentive programs.
For these reasons I have vetoed Section 5 of Engrossed House Bill No.
1337.
With the exception of Section 5, Engrossed House Bill No. 1337 is
approved."
--- END ---
p. 12 EHB 1337.SL
CITY OF SPOKANE VALLEY
Request for Planning Commission Action
Meeting Date: August 24, 2023
Item: Check all that apply ❑ old business ❑ new business ❑ public hearing
❑ information ® study session ❑ pending legislation
AGENDA ITEM TITLE: Middle Housing Bill — HB 1110
GOVERNING LEGISLATION: Chapters 36.70A, 43.21C, 64.34, 63.32 and 64.90 Revised Code of
Washington
PREVIOUS COMMISSION ACTION: None
BACKGROUND: On May 8, 2023, Governor Inslee signed HB 1110, commonly known as the "Middle
Housing Bill" with an effective date of July 23, 2023.
HB 1110 defines "Middle housing" as "buildings that are compatible in scale, form, and character with
single-family houses and contain two or more attached, stacked, or clustered homes including duplexes,
triplexes, fourplexes, fiveplexes, sixplexes, townhouses, stacked flats, courtyard apartments, and cottage
housing." HB 1110 requires cities of certain sizes and locations to allow multiple dwelling units per lot in
a middle housing type of form. Cities of more than 75,000 must:
• Allow up to four housing units on all residentially zoned lots.
• Allow up to six housing units on all residentially zoned lots within 1/4 mile walking distance of a
"major transit stop".
• Allow up to six housing units on all residentially zoned lots that provide for affordable housing in
at least two units.
Density measured in "dwelling units per acre" has traditionally been the way the city has regulated
residential land use. HB 1110 introduces the term "unit density" because the bill focuses on the minimum
number of dwelling units on a lot versus units per acre. A city may exclude up to 25% of lots that are
primarily dedicated to detached single-family houses from implementation of the density requirement if the
lots meet certain criteria such as critical areas and their buffers. Some lots may not be excluded such as
those within one-half mile walking distance of major transit stops.
HB 1110 allows only administrative design review for middle housing. Permit approval must be based on
only "clear and objective" development regulations that are not more restrictive than those required for
detached single-family houses.
There are restrictions on how much off-street parking can be required. No off-street parking standards may
be applied to middle housing located within a half -mile of a major transit stop. Lots with less than 6,000
square feet shall not require more than one off-street space per lot. Lots greater than 6,000 square feet shall
not require more than two spaces per lot.
Staff will present a presentation on the new legislation.
RECOMMENDED ACTION OR MOTION: None
STAFF CONTACT: Martin Palaniuk, Associate Planner
ATTACHMENTS:
1. E2SH13 1110 Middle Housing (adopted and engrossed 04/11/2023)
2. Department of Commerce FAQ sheet
RPCA Study Session for RB 1110 Legislative Update Page 1 of 1
1110-S2.E AMS ENGR S2959.E
E2SHB 1110 - S COMM AMD
By Committee on Ways & Means
ADOPTED AND ENGROSSED 04/11/2023
1 Strike everything after the enacting clause and insert the
2 following:
3 "NEW SECTION. Sec. 1. The legislature finds that Washington is
4 facing an unprecedented housing crisis for its current population and
5 a lack of housing choices, and is not likely to meet the
6 affordability goals for future populations. In order to meet the goal
7 of 1,000,000 new homes by 2044, and enhanced quality of life and
8 environmental protection, innovative housing policies will need to be
9 adopted.
10 Increasing housing options that are more affordable to various
11 income levels is critical to achieving the state's housing goals,
12 including those codified by the legislature under chapter 254, Laws
13 of 2021.
14 There is continued need for the development of housing at all
15 income levels, including middle housing that will provide a wider
16 variety of housing options and configurations to allow Washingtonians
17 to live near where they work.
18 Homes developed at higher densities are more affordable by design
19 for Washington residents both in their construction and reduced
20 household energy and transportation costs.
21 While creating more housing options, it is essential for cities
22 to identify areas at higher risk of displacement and establish
23 antidisplacement policies as required in Engrossed Second Substitute
24 House Bill No. 1220 (chapter 254, Laws of 2021).
25 The state has made historic investments in subsidized affordable
26 housing through the housing trust fund, yet even with these historic
27 investments, the magnitude of the housing shortage requires both
28 public and private investment.
29 In addition to addressing the housing shortage, allowing more
30 housing options in areas already served by urban infrastructure will
31 reduce the pressure to develop natural and working lands, support key
Official Print - 1 1110-S2.E AMS ENGR 52959.E
1 strategies for climate change, food security, and Puget Sound
2 recovery, and save taxpayers and ratepayers money.
3 Sec. 2. RCW 36.70A.030 and 2021 c 254 s 6 are each amended to
4 read as follows:
5 Unless the context clearly requires otherwise, the definitions in
6 this section apply throughout this chapter.
7 (1) "Administrative design review" means a development permit
8 process whereby an application is reviewed, approved, or denied by
9 the planning director or the planning director's designee based
10 solely on objective design and development standards without a public
11 predecision hearing, unless such review is otherwise required by
12 state or federal law, or the structure is a designated landmark or
13 historic district established under a local preservation ordinance. A
14 city may utilize public meetings, hearings, or voluntary review
15 boards to consider, recommend, or approve requests for variances from
16 locally established design review standards.
17 (2) "Adopt a comprehensive land use plan" means to enact a new
18 comprehensive land use plan or to update an existing comprehensive
19 land use plan.
20 (({2})) (3) "Affordable housing" means, unless the context
21 clearly indicates otherwise, residential housing whose monthly costs,
22 including utilities other than telephone, do not exceed thirty
23 percent of the monthly income of a household whose income is:
24 (a) For rental housing, sixty percent of the median household
25 income adjusted for household size, for the county where the
26 household is located, as reported by the United States department of
27 housing and urban development; or
28 (b) For owner -occupied housing, eighty percent of the median
29 household income adjusted for household size, for the county where
30 the household is located, as reported by the United States department
31 of housing and urban development.
32 ((43+)) (4) "Agricultural land" means land primarily devoted to
33 the commercial production of horticultural, viticultural,
34 floricultural, dairy, apiary, vegetable, or animal products or of
35 berries, grain, hay, straw, turf, seed, Christmas trees not subject
36 to the excise tax imposed by RCW 84.33.100 through 84.33.140, finfish
37 in upland hatcheries, or livestock, and that has long-term commercial
38 significance for agricultural production.
39 ((+4})) (5) "City" means any city or town, including a code city.
Official Print - 2 1110-S2.E AMS ENGR 52959.E
1 ((f5})) (6) "Comprehensive land use plan," "comprehensive plan,"
2 or "plan" means a generalized coordinated land use policy statement
3 of the governing body of a county or city that is adopted pursuant to
4 this chapter.
5 ((f6})) (7) "Cottage housing" means residential units on a lot
6 with a common open space that either: (a) Is owned in common; or (b)
7 has units owned as condominium units with property owned in common
8 and a minimum of 20 percent of the lot size as open space.
9 (8) "Courtyard apartments" means up to four attached dwelling
10 units arranged on two or three sides of a yard or court.
11 (9) "Critical areas" include the following areas and ecosystems:
12 (a) Wetlands; (b) areas with a critical recharging effect on aquifers
13 used for potable water; (c) fish and wildlife habitat conservation
14 areas; (d) frequently flooded areas; and (e) geologically hazardous
15 areas. "Fish and wildlife habitat conservation areas" does not
16 include such artificial features or constructs as irrigation delivery
17 systems, irrigation infrastructure, irrigation canals, or drainage
18 ditches that lie within the boundaries of and are maintained by a
19 port district or an irrigation district or company.
20 ((+7+)) (10) "Department" means the department of commerce.
21 ((+8})) (11) "Development regulations" or "regulation" means the
22 controls placed on development or land use activities by a county or
23 city, including, but not limited to, zoning ordinances, critical
24 areas ordinances, shoreline master programs, official controls,
25 planned unit development ordinances, subdivision ordinances, and
26 binding site plan ordinances together with any amendments thereto. A
27 development regulation does not include a decision to approve a
28 project permit application, as defined in RCW 36.70B.020, even though
29 the decision may be expressed in a resolution or ordinance of the
30 legislative body of the county or city.
31 (({9*)) (12) "Emergency housing" means temporary indoor
32 accommodations for individuals or families who are homeless or at
33 imminent risk of becoming homeless that is intended to address the
34 basic health, food, clothing, and personal hygiene needs of
35 individuals or families. Emergency housing may or may not require
36 occupants to enter into a lease or an occupancy agreement.
37 (((19))) (13) "Emergency shelter" means a facility that provides
38 a temporary shelter for individuals or families who are currently
39 homeless. Emergency shelter may not require occupants to enter into a
40 lease or an occupancy agreement. Emergency shelter facilities may
Official Print - 3 1110-S2.E AMS ENGR 52959.E
1 include day and warming centers that do not provide overnight
2 accommodations.
3 (({1})) (14) "Extremely low-income household" means a single
4 person, family, or unrelated persons living together whose adjusted
5 income is at or below thirty percent of the median household income
6 adjusted for household size, for the county where the household is
7 located, as reported by the United States department of housing and
8 urban development.
9 (((a:2))) (15) "Forestland" means land primarily devoted to
10 growing trees for long-term commercial timber production on land that
11 can be economically and practically managed for such production,
12 including Christmas trees subject to the excise tax imposed under RCW
13 84.33.100 through 84.33.140, and that has long-term commercial
14 significance. In determining whether forestland is primarily devoted
15 to growing trees for long-term commercial timber production on land
16 that can be economically and practically managed for such production,
17 the following factors shall be considered: (a) The proximity of the
18 land to urban, suburban, and rural settlements; (b) surrounding
19 parcel size and the compatibility and intensity of adjacent and
20 nearby land uses; (c) long-term local economic conditions that affect
21 the ability to manage for timber production; and (d) the availability
22 of public facilities and services conducive to conversion of
23 forestland to other uses.
24 ((( 13) ) (16) "Freight rail dependent uses" means buildings and
25 other infrastructure that are used in the fabrication, processing,
26 storage, and transport of goods where the use is dependent on and
27 makes use of an adjacent short line railroad. Such facilities are
28 both urban and rural development for purposes of this chapter.
29 "Freight rail dependent uses" does not include buildings and other
30 infrastructure that are used in the fabrication, processing, storage,
31 and transport of coal, liquefied natural gas, or "crude oil" as
32 defined in RCW 90.56.010.
33 (((1 4))) (17) "Geologically hazardous areas" means areas that
34 because of their susceptibility to erosion, sliding, earthquake, or
35 other geological events, are not suited to the siting of commercial,
36 residential, or industrial development consistent with public health
37 or safety concerns.
38 (((15))) (18) "Long-term commercial significance" includes the
39 growing capacity, productivity, and soil composition of the land for
40 long-term commercial production, in consideration with the land's
Official Print - 4 1110-S2.E AMS ENGR 52959.E
1 proximity to population areas, and the possibility of more intense
2 uses of the land.
3 (((16))) (19) "Low-income household" means a single person,
4 family, or unrelated persons living together whose adjusted income is
5 at or below eighty percent of the median household income adjusted
6 for household size, for the county where the household is located, as
7 reported by the United States department of housing and urban
8 development.
9 (((a:7))) (20) "Major transit stop" means:
10 (a) A stop on a high capacity transportation system funded or
11 expanded under the provisions of chapter 81.104 RCW;
12 (b) Commuter rail stops;
13 (c) Stops on rail or fixed guideway systems; or
14 (d) Stops on bus rapid transit routes.
15 (21) "Middle housing" means buildings that are compatible in
16 scale, form, and character with single-family houses and contain two
17 or more attached, stacked, or clustered homes including duplexes,
18 triplexes, fourplexes, fiveplexes, sixplexes, townhouses, stacked
19 flats, courtyard apartments, and cottage housing
20 (22) "Minerals" include gravel, sand, and valuable metallic
21 substances.
22 (((18))) (23) "Moderate -income household" means a single person,
23 family, or unrelated persons living together whose adjusted income is
24 at or below 120 percent of the median household income adjusted for
25 household size, for the county where the household is located, as
26 reported by the United States department of housing and urban
27 development.
28 (((19))) (24) "Permanent supportive housing" is subsidized,
29 leased housing with no limit on length of stay that prioritizes
30 people who need comprehensive support services to retain tenancy and
31 utilizes admissions practices designed to use lower barriers to entry
32 than would be typical for other subsidized or unsubsidized rental
33 housing, especially related to rental history, criminal history, and
34 personal behaviors. Permanent supportive housing is paired with on-
35 site or off -site voluntary services designed to support a person
36 living with a complex and disabling behavioral health or physical
37 health condition who was experiencing homelessness or was at imminent
38 risk of homelessness prior to moving into housing to retain their
39 housing and be a successful tenant in a housing arrangement, improve
40 the resident's health status, and connect the resident of the housing
Official Print - 5 1110-S2.E AMS ENGR 52959.E
1 with community -based health care, treatment, or employment services.
2 Permanent supportive housing is subject to all of the rights and
3 responsibilities defined in chapter 59.18 RCW.
4 (((29))) (25) "Public facilities" include streets, roads,
5 highways, sidewalks, street and road lighting systems, traffic
6 signals, domestic water systems, storm and sanitary sewer systems,
7 parks and recreational facilities, and schools.
8 (((2a:))) (26) "Public services" include fire protection and
9 suppression, law enforcement, public health, education, recreation,
10 environmental protection, and other governmental services.
11 (((22))) (27) "Recreational land" means land so designated under
12 RCW 36.70A.1701 and that, immediately prior to this designation, was
13 designated as agricultural land of long-term commercial significance
14 under RCW 36.70A.170. Recreational land must have playing fields and
15 supporting facilities existing before July 1, 2004, for sports played
16 on grass playing fields.
17 (((23))) (28) "Rural character" refers to the patterns of land
18 use and development established by a county in the rural element of
19 its comprehensive plan:
20 (a) In which open space, the natural landscape, and vegetation
21 predominate over the built environment;
22 (b) That foster traditional rural lifestyles, rural -based
23 economies, and opportunities to both live and work in rural areas;
24 (c) That provide visual landscapes that are traditionally found
25 in rural areas and communities;
26 (d) That are compatible with the use of the land by wildlife and
27 for fish and wildlife habitat;
28 (e) That reduce the inappropriate conversion of undeveloped land
29 into sprawling, low -density development;
30 (f) That generally do not require the extension of urban
31 governmental services; and
32 (g) That are consistent with the protection of natural surface
33 water flows and groundwater and surface water recharge and discharge
34 areas.
35
(((24) ) (29) "Rural development" refers
to development
outside
36
the urban growth area and outside agricultural, forest, and
mineral
37
resource lands designated pursuant to
RCW 36.70A.170.
Rural
38
development can consist of a variety of
uses and residential
39
densities, including clustered residential
development, at
levels
40
that are consistent with the preservation of
rural character
and the
Official Print - 6 1110-S2.E
AMS ENGR
52959.E
1 requirements of the rural element. Rural development does not refer
2 to agriculture or forestry activities that may be conducted in rural
3 areas.
4 (((2S) (30) "Rural governmental services" or "rural services"
5 include those public services and public facilities historically and
6 typically delivered at an intensity usually found in rural areas, and
7 may include domestic water systems((,-)) and fire and police
8 protection services((, transpertatien and piiblie trans -it sera:ees,
9 a -a_ ether piiblie ut es)) associated with rural development and
10 normally not associated with urban areas. Rural services do not
11 include storm or sanitary sewers, except as otherwise authorized by
12 RCW 36.70A.110(4).
13 (((26))) (31) "Short line railroad" means those railroad lines
14 designated class II or class III by the United States surface
15 transportation board.
16 (({2})) (32) "Single-family zones" means those zones where
17 single-family detached housing is the predominant land use.
18 (33) "Stacked flat" means dwelling units in a residential
19 building of no more than three stories on a residential zoned lot in
20 which each floor may be separately rented or owned.
21 (34) "Townhouses" means buildings that contain three or more
22 attached single-family dwelling units that extend from foundation to
23 roof and that have a yard or public way on not less than two sides.
24 (35) "Urban governmental services" or "urban services" include
25 those public services and public facilities at an intensity
26 historically and typically provided in cities, specifically including
27 storm and sanitary sewer systems, domestic water systems, street
28 cleaning services, fire and police protection services, public
29 transit services, and other public utilities associated with urban
30 areas and normally not associated with rural areas.
31 (((28))) (36) "Urban growth" refers to growth that makes
32 intensive use of land for the location of buildings, structures, and
33 impermeable surfaces to such a degree as to be incompatible with the
34 primary use of land for the production of food, other agricultural
35 products, or fiber, or the extraction of mineral resources, rural
36 uses, rural development, and natural resource lands designated
37 pursuant to RCW 36.70A.170. A pattern of more intensive rural
38 development, as provided in RCW 36.70A.070(5)(d), is not urban
39 growth. When allowed to spread over wide areas, urban growth
40 typically requires urban governmental services. "Characterized by
Official Print - 7 1110-S2.E AMS ENGR 52959.E
1 urban growth" refers to land having urban growth located on it, or to
2 land located in relationship to an area with urban growth on it as to
3 be appropriate for urban growth.
4 (((29))) (37) "Urban growth areas" means those areas designated
5 by a county pursuant to RCW 36.70A.110.
6 (({ OM (38) "Very low-income household" means a single person,
7 family, or unrelated persons living together whose adjusted income is
8 at or below fifty percent of the median household income adjusted for
9 household size, for the county where the household is located, as
10 reported by the United States department of housing and urban
11 development.
12 (((31))) (39) "Wetland" or "wetlands" means areas that are
13 inundated or saturated by surface water or groundwater at a frequency
14 and duration sufficient to support, and that under normal
15 circumstances do support, a prevalence of vegetation typically
16 adapted for life in saturated soil conditions. Wetlands generally
17 include swamps, marshes, bogs, and similar areas. Wetlands do not
18 include those artificial wetlands intentionally created from
19 nonwetland sites, including, but not limited to, irrigation and
20 drainage ditches, grass -lined swales, canals, detention facilities,
21 wastewater treatment facilities, farm ponds, and landscape amenities,
22 or those wetlands created after July 1, 1990, that were
23 unintentionally created as a result of the construction of a road,
24 street, or highway. Wetlands may include those artificial wetlands
25 intentionally created from nonwetland areas created to mitigate
26 conversion of wetlands.
27 NEW SECTION. Sec. 3. A new section is added to chapter 36.70A
28 RCW to read as follows:
29 (1) Except as provided in subsection (4) of this section, any
30 city that is required or chooses to plan under RCW 36.70A.040 must
31 provide by ordinance and incorporate into its development
32 regulations, zoning regulations, and other official controls,
33 authorization for the following:
34 (a) For cities with a population of at least 25,000 but less than
35 75,000 based on office of financial management population estimates:
36 (i) The development of at least two units per lot on all lots
37 zoned predominantly for residential use, unless zoning permitting
38 higher densities or intensities applies;
Official Print - 8 1110-S2.E AMS ENGR 52959.E
1 (ii) The development of at least four units per lot on all lots
2 zoned predominantly for residential use, unless zoning permitting
3 higher densities or intensities applies, within one -quarter mile
4 walking distance of a major transit stop; and
5 (iii) The development of at least four units per lot on all lots
6 zoned predominantly for residential use, unless zoning permitting
7 higher densities or intensities applies, if at least one unit is
8 affordable housing.
9 (b) For cities with a population of at least 75,000 based on
10 office of financial management population estimates:
11 (i) The development of at least four units per lot on all lots
12 zoned predominantly for residential use, unless zoning permitting
13 higher densities or intensities applies;
14 (ii) The development of at least six units per lot on all lots
15 zoned predominantly for residential use, unless zoning permitting
16 higher densities or intensities applies, within one -quarter mile
17 walking distance of a major transit stop; and
18 (iii) The development of at least six units per lot on all lots
19 zoned predominantly for residential use, unless zoning permitting
20 higher densities or intensities applies, if at least two units are
21 affordable housing.
22 (c) For cities with a population of less than 25,000, that are
23 within a contiguous urban growth area with the largest city in a
24 county with a population of more than 275,000, based on office of
25 financial management population estimates the development of at least
26 two units per lot on all lots zoned predominantly for residential
27 use, unless zoning permitting higher densities or intensities
28 applies.
29 (2)(a) To qualify for the additional units allowed under
30 subsection (1) of this section, the applicant must commit to renting
31 or selling the required number of units as affordable housing. The
32 units must be maintained as affordable for a term of at least 50
33 years, and the property must satisfy that commitment and all required
34 affordability and income eligibility conditions adopted by the local
35 government under this chapter. A city must require the applicant to
36 record a covenant or deed restriction that ensures the continuing
37 rental of units subject to these affordability requirements
38 consistent with the conditions in chapter 84.14 RCW for a period of
39 no less than 50 years. The covenant or deed restriction must also
40 address criteria and policies to maintain public benefit if the
Official Print - 9 1110-S2.E AMS ENGR 52959.E
1 property is converted to a use other than which continues to provide
2 for permanently affordable housing.
3 (b) The units dedicated as affordable must be provided in a range
4 of sizes comparable to other units in the development. To the extent
5 practicable, the number of bedrooms in affordable units must be in
6 the same proportion as the number of bedrooms in units within the
7 entire development. The affordable units must generally be
8 distributed throughout the development and have substantially the
9 same functionality as the other units in the development.
10 (c) If a city has enacted a program under RCW 36.70A.540, the
11 terms of that program govern to the extent they vary from the
12 requirements of this subsection.
13 (3) If a city has enacted a program under RCW 36.70A.540,
14 subsection (1) of this section does not preclude the city from
15 requiring any development, including development described in
16 subsection (1) of this section, to provide affordable housing, either
17 on -site or through an in -lieu payment, nor limit the city's ability
18 to expand such a program or modify its requirements.
19 (4)(a) As an alternative to the density requirements in
20 subsection (1) of this section, a city may implement the density
21 requirements in subsection (1) of this section for at least 75
22 percent of lots in the city that are primarily dedicated to single-
23 family detached housing units.
24 (b) The 25 percent of lots for which the requirements of
25 subsection (1) of this section are not implemented must include but
26 are not limited to:
27 (i) Any areas within the city for which the department has
28 certified an extension of the implementation timelines under section
29 5 of this act due to the risk of displacement;
30 (ii) Any areas within the city for which the department has
31 certified an extension of the implementation timelines under section
32 7 of this act due to a lack of infrastructure capacity;
33 (iii) Any lots designated with critical areas or their buffers
34 that are exempt from the density requirements as provided in
35 subsection (8) of this section;
36 (iv) Any portion of a city within a one -mile radius of a
37 commercial airport with at least 9,000,000 annual enplanements that
38 is exempt from the parking requirements under subsection (7)(b) of
39 this section; and
Official Print - 10 1110-S2.E AMS ENGR 52959.E
1 (v) Any areas subject to sea level rise, increased flooding,
2 susceptible to wildfires, or geological hazards over the next 100
3 years.
4 (c) Unless identified as at higher risk of displacement under RCW
5 36.70A.070(2)(g), the 25 percent of lots for which the requirements
6 of subsection (1) of this section are not implemented may not
7 include:
8 (i) Any areas for which the exclusion would further racially
9 disparate impacts or result in zoning with a discriminatory effect;
10 (ii) Any areas within one-half mile walking distance of a major
11 transit stop; or
12 (iii) Any areas historically covered by a covenant or deed
13 restriction excluding racial minorities from owning property or
14 living in the area, as known to the city at the time of each
15 comprehensive plan update.
16 (5) A city must allow at least six of the nine types of middle
17 housing to achieve the unit density required in subsection (1) of
18 this section. A city may allow accessory dwelling units to achieve
19 the unit density required in subsection (1) of this section. Cities
20 are not required to allow accessory dwelling units or middle housing
21 types beyond the density requirements in subsection (1) of this
22 section. A city must also allow zero lot line short subdivision where
23 the number of lots created is equal to the unit density required in
24 subsection (1) of this section.
25 (6) Any city subject to the requirements of this section:
26 (a) If applying design review for middle housing, only
27 administrative design review shall be required;
28 (b) Except as provided in (a) of this subsection, shall not
29 require through development regulations any standards for middle
30 housing that are more restrictive than those required for detached
31 single-family residences, but may apply any objective development
32 regulations that are required for detached single-family residences,
33 including, but not limited to, set -back, lot coverage, stormwater,
34 clearing, and tree canopy and retention requirements to ensure
35 compliance with existing ordinances intended to protect critical
36 areas and public health and safety;
37 (c) Shall apply to middle housing the same development permit and
38 environmental review processes that apply to detached single-family
39 residences, unless otherwise required by state law including, but not
40 limited to, shoreline regulations under chapter 90.58 RCW, building
Official Print - 11 1110-S2.E AMS ENGR 52959.E
1 codes under chapter 19.27 RCW, energy codes under chapter 19.27A RCW,
2 or electrical codes under chapter 19.28 RCW;
3
(d) Shall not require off-street parking
as a condition of
4
permitting development of middle housing within
one-half mile walking
5
distance of a major transit stop;
6
(e) Shall not require more than one off-street parking space per
7
unit as a condition of permitting development
of middle housing on
8
lots smaller than 6,000 square feet before
any zero lot line
9
subdivisions or lot splits;
10
(f) Shall not require more than two off-street
parking spaces per
11
unit as a condition of permitting development
of middle housing on
12
lots greater than 6,000 square feet before
any zero lot line
13
subdivisions or lot splits; and
14
(g) Are not required to achieve the per unit
density under this
15
act on lots after subdivision below 1,000 square
feet unless the city
16
chooses to enact smaller allowable lot sizes.
17 (7) The provisions of subsection (6)(d) through (f) of this
18 section do not apply:
19 (a) If a local government submits to the department an empirical
20 study prepared by a credentialed transportation or land use planning
21 expert that clearly demonstrates, and the department finds and
22 certifies, that the application of the parking limitations of
23 subsection (6)(d) through (f) of this section for middle housing will
24 be significantly less safe for vehicle drivers or passengers,
25 pedestrians, or bicyclists than if the jurisdiction's parking
26 requirements were applied to the same location for the same number of
27 detached houses. The department must develop guidance to assist
28 cities on items to include in the study; or
29 (b) To portions of cities within a one -mile radius of a
30 commercial airport in Washington with at least 9,000,000 annual
31 enplanements.
32 (8) The provisions of this section do not apply to:
33 (a) Lots designated with critical areas designated under RCW
34 36.70A.170 or their buffers as required by RCW 36.70A.170;
35 (b) A watershed serving a reservoir for potable water if that
36 watershed is or was listed, as of the effective date of this section,
37 as impaired or threatened under section 303(d) of the federal clean
38 water act (33 U.S.C. Sec. 1313(d)); or
39 (c) Lots that have been designated urban separators by countywide
40 planning policies as of the effective date of this section.
Official Print - 12 1110-S2.E AMS ENGR 52959.E
1 (9) Nothing in this section prohibits a city from permitting
2 detached single-family residences.
3 (10) Nothing in this section requires a city to issue a building
4 permit if other federal, state, and local requirements for a building
5 permit are not met.
6 (11) A city must comply with the requirements of this section on
7 the latter of:
8 (a) Six months after its next periodic comprehensive plan update
9 required under RCW 36.70A.130 if the city meets the population
10 threshold based on the 2020 office of financial management population
11 data; or
12 (b) 12 months after their next implementation progress report
13 required under RCW 36.70A.130 after a determination by the office of
14 financial management that the city has reached a population threshold
15 established under this section.
16 (12) A city complying with this section and not granted a
17 timeline extension under section 7 of this act does not have to
18 update its capital facilities plan element required by RCW
19 36.70A.070(3) to accommodate the increased housing required by this
20 act until the first periodic comprehensive plan update required for
21 the city under RCW 36.70A.130(5) that occurs on or after June 30,
22 2034.
23 NEW SECTION. Sec. 4. A new section is added to chapter 36.70A
24 RCW to read as follows:
25 (1)(a) The department is directed to provide technical assistance
26 to cities as they implement the requirements under section 3 of this
27 act.
28 (b) The department shall prioritize such technical assistance to
29 cities demonstrating the greatest need.
30 (2)(a) The department shall publish model middle housing
31 ordinances no later than six months following the effective date of
32 this section.
33 (b) In any city subject to section 3 of this act that has not
34 passed ordinances, regulations, or other official controls within the
35 time frames provided under section 3(11) of this act, the model
36 ordinance supersedes, preempts, and invalidates local development
37 regulations until the city takes all actions necessary to implement
38 section 3 of this act.
Official Print - 13 1110-S2.E AMS ENGR 52959.E
1 (3)(a) The department is directed to establish a process by which
2 cities implementing the requirements of section 3 of this act may
3 seek approval of alternative local action necessary to meet the
4 requirements of this act.
5 (b) The department may approve actions under this section for
6 cities that have, by January 1, 2023, adopted a comprehensive plan
7 that is substantially similar to the requirements of this act and
8 have adopted, or within one year of the effective date of this
9 section adopts, permanent development regulations that are
10 substantially similar to the requirements of this act. In determining
11 whether a city's adopted comprehensive plan and permanent development
12 regulations are substantially similar, the department must find as
13 substantially similar plans and regulations that:
14 (i) Result in an overall increase in housing units allowed in
15 single-family zones that is at least 75 percent of the increase in
16 housing units allowed in single-family zones if the specific
17 provisions of this act were adopted;
18 (ii) Allow for middle housing throughout the city, rather than
19 just in targeted locations; and
20 (iii) Allow for additional density near major transit stops, and
21 for projects that incorporate dedicated affordable housing.
22 (c) The department may also approve actions under this section
23 for cities that have, by January 1, 2023, adopted a comprehensive
24 plan or development regulations that have significantly reduced or
25 eliminated residentially zoned areas that are predominantly single
26 family. The department must find that a city's actions are
27 substantially similar to the requirements of this act if they have
28 adopted, or within one year of the effective date of this section
29 adopts, permanent development regulations that:
30 (i) Result in an overall increase in housing units allowed in
31 single-family zones that is at least 75 percent of the increase in
32 housing units allowed in single-family zones if the specific
33 provisions of this act were adopted;
34 (ii) Allow for middle housing throughout the city, rather than
35 just in targeted locations; and
36 (iii) Allow for additional density near major transit stops, and
37 for projects that incorporate dedicated affordable housing.
38 (d) The department may determine that a comprehensive plan and
39 development regulations that do not meet these criteria are otherwise
40 substantially similar to the requirements of this act if the city can
Official Print - 14 1110-S2.E AMS ENGR 52959.E
1 clearly demonstrate
that the regulations adopted will
allow for a
2 greater increase in
middle housing production within
single family
3 zones than would be
allowed through implementation of
section 3 of
4 this act.
5 (e) Any local actions
approved by the department pursuant
to (a)
6 of this subsection to
implement the requirements under
section 3 of
7 this act are exempt from appeals under this chapter and chapter
8 43.21C RCW.
9 (f) The department's final decision to approve or reject actions
10 by cities implementing section 3 of this act may be appealed to the
11 growth management hearings board by filing a petition as provided in
12 RCW 36.70A.290.
13
(4) The
department may issue guidance for local
jurisdictions to
14
ensure that
the levels of middle housing zoning under
this act can be
15
integrated
with the methods used by cities to
calculate zoning
16
densities
and intensities in local zoning
and development
17
regulations.
18 NEW SECTION. Sec. 5. A new section is added to chapter 36.70A
19 RCW to read as follows:
20 Any city choosing the alternative density requirements in section
21 3(4) of this act may apply to the department for, and the department
22 may certify, an extension for areas at risk of displacement as
23 determined by the antidisplacement analysis that a jurisdiction is
24 required to complete under RCW 36.70A.070(2). The city must create a
25 plan for implementing antidisplacement policies by their next
26 implementation progress report required by RCW 36.70A.130(9). The
27 department may certify one further extension based on evidence of
28 significant ongoing displacement risk in the impacted area.
29 Sec. 6. RCW 36.70A.280 and 2011 c 360 s 17 are each amended to
30 read as follows:
31 (1) The growth management hearings board shall hear and determine
32 only those petitions alleging either:
33 (a) That, except as provided otherwise by this subsection, a
34 state agency, county, or city planning under this chapter is not in
35 compliance with the requirements of this chapter, chapter 90.58 RCW
36 as it relates to the adoption of shoreline master programs or
37 amendments thereto, or chapter 43.21C RCW as it relates to plans,
38 development regulations, or amendments, adopted under RCW 36.70A.040
Official Print - 15 1110-S2.E AMS ENGR 52959.E
1 or chapter 90.58 RCW. Nothing in this subsection authorizes the board
2 to hear petitions alleging noncompliance with RCW 36.70A.5801;
3 (b) That the twenty-year growth management planning population
4 projections adopted by the office of financial management pursuant to
5 RCW 43.62.035 should be adjusted;
6 (c) That the approval of a work plan adopted under RCW
7 36.70A.735(1)(a) is not in compliance with the requirements of the
8 program established under RCW 36.70A.710;
9 (d) That regulations adopted under RCW 36.70A.735(1)(b) are not
10 regionally applicable and cannot be adopted, wholly or partially, by
11 another jurisdiction; ((ems))
12 (e) That a department certification under RCW 36.70A.735(1)(c) is
13 erroneous; or
14 (f) That the department's final decision to approve or reject
15 actions by a city implementing section 3 of this act is clearly
16 erroneous.
17 (2) A petition may be filed only by: (a) The state, or a county
18 or city that plans under this chapter; (b) a person who has
19 participated orally or in writing before the county or city regarding
20 the matter on which a review is being requested; (c) a person who is
21 certified by the governor within sixty days of filing the request
22 with the board; or (d) a person qualified pursuant to RCW 34.05.530.
23 (3) For purposes of this section "person" means any individual,
24 partnership, corporation, association, state agency, governmental
25 subdivision or unit thereof, or public or private organization or
26 entity of any character.
27 (4) To establish participation standing under subsection (2)(b)
28 of this section, a person must show that his or her participation
29 before the county or city was reasonably related to the person's
30 issue as presented to the board.
31 (5) When considering a possible adjustment to a growth management
32 planning population projection prepared by the office of financial
33 management, the board shall consider the implications of any such
34 adjustment to the population forecast for the entire state.
35 The rationale for any adjustment that is adopted by the board
36 must be documented and filed with the office of financial management
37 within ten working days after adoption.
38 If adjusted by the board, a county growth management planning
39 population projection shall only be used for the planning purposes
40 set forth in this chapter and shall be known as the "board adjusted
Official Print - 16 1110-S2.E AMS ENGR 52959.E
1 population projection." None of these changes shall affect the
2 official state and county population forecasts prepared by the office
3 of financial management, which shall continue to be used for state
4 budget and planning purposes.
5 NEW SECTION. Sec. 7. A new section is added to chapter 36.70A
6 RCW to read as follows:
7 (1) Any city choosing the alternative density requirements in
8 section 3(4) of this act may apply to the department for, and the
9 department may certify, an extension of the implementation timelines
10 established under section 3(11) of this act.
11 (2) An extension certified under this section may be applied only
12 to specific areas where a city can demonstrate that water, sewer,
13 stormwater, transportation infrastructure, including facilities and
14 transit services, or fire protection services lack capacity to
15 accommodate the density required in section 3 of this act, and the
16 city has:
17 (a) Included one or more improvements, as needed, within its
18 capital facilities plan to adequately increase capacity; or
19 (b) Identified which special district is responsible for
20 providing the necessary infrastructure if the infrastructure is
21 provided by a special purpose district.
22 (3) If an extension of the implementation timelines is requested
23 due to lack of water supply from the city or the purveyors who serve
24 water within the city, the department's evaluation of the extension
25 must be based on the applicable water system plans in effect and
26 approved by the department of health. Water system plan updates
27 initiated after the effective date of this section must include
28 consideration of water supply requirements for middle housing types.
29 (4) An extension granted under this section remains in effect
30 until the earliest of:
31 (a) The infrastructure is improved to accommodate the capacity;
32 (b) The city's deadline to complete its next periodic
33 comprehensive plan update under RCW 36.70A.130; or
34 (c) The city's deadline to complete its implementation progress
35 report to the department as required under RCW 36.70A.130(9).
36 (5) A city that has received an extension under this section may
37 reapply for any needed extension with its next periodic comprehensive
38 plan update under RCW 36.70A.130 or its implementation progress
39 report to the department under RCW 36.70A.130(9). The application for
Official Print - 17 1110-S2.E AMS ENGR 52959.E
1 an additional extension must include a list of infrastructure
2 improvements necessary to meet the capacity required in section 3 of
3 this act. Such additional extension must only be to address
4 infrastructure deficiency that a city is not reasonably able to
5 address within the first extension.
6 (6) The department may establish by rule any standards or
7 procedures necessary to implement this section.
8 (7) The department must provide the legislature with a list of
9 projects identified in a city's capital facilities plan that were the
10 basis for the extension under this section, including planning level
11 estimates. Additionally, the city must contact special purpose
12 districts to identify additional projects associated with extensions
13 under this section.
14 (8) A city granted an extension for a specific area must allow
15 development as provided under section 3 of this act if the developer
16 commits to providing the necessary water, sewer, or stormwater
17 infrastructure.
18 (9) If an area zoned predominantly for residential use is
19 currently served only by private wells, group B water systems or
20 group A water systems with less than 50 connections, or a city or
21 water providers within the city do not have an adequate water supply
22 or available connections to serve the zoning increase required under
23 section 3 of this act, the city may limit the areas subject to the
24 requirements under section 3 of this act to match current water
25 availability. Nothing in this act affects or modifies the
26 responsibilities of cities to plan for or provide urban governmental
27 services as defined in RCW 36.70A.030 or affordable housing as
28 required by RCW 36.70A.070.
29 (10) No city shall approve a building permit for housing under
30 section 3 of this act without compliance with the adequate water
31 supply requirements of RCW 19.27.097.
32 (11) If an area zoned predominantly for residential use is
33 currently served only by on -site sewage systems, development may be
34 limited to two units per lot, until either the landowner or local
35 government provides sewer service or demonstrates a sewer system will
36 serve the development at the time of construction. Nothing in this
37 act affects or modifies the responsibilities of cities to plan for or
38 provide urban governmental services as defined in RCW 36.70A.030.
Official Print - 18 1110-S2.E AMS ENGR 52959.E
1 Sec. 8. RCW 43.21C.495 and 2022 c 246 s 3 are each amended to
2 read as follows:
3 (1) Adoption of ordinances, development regulations and
4 amendments to such regulations, and other nonproject actions taken by
5 a city to implement: The actions specified in section 2, chapter 246,
6 Laws of 2022 unless the adoption of such ordinances, development
7 regulations and amendments to such regulations, or other nonproject
8 actions has a probable significant adverse impact on fish habitat;
9 and the increased residential building capacity actions identified in
10 RCW 36.70A.600(1), with the exception of the action specified in RCW
11 36.70A.600(1)(f), are not subject to administrative or judicial
12 appeals under this chapter.
13 (2) Amendments to development regulations and other nonproject
14 actions taken by a city to implement the requirements under section 3
15 of this act pursuant to section 4 (3) (b) of this act are not subject
16 to administrative or judicial appeals under this chapter.
17 Sec. 9. RCW 43.21C.450 and 2012 1st sp.s. c 1 s 307 are each
18 amended to read as follows:
19 The following nonproject actions are categorically exempt from
20 the requirements of this chapter:
21 (1) Amendments to development regulations that are required to
22 ensure consistency with an adopted comprehensive plan pursuant to RCW
23 36.70A.040, where the comprehensive plan was previously subjected to
24 environmental review pursuant to this chapter and the impacts
25 associated with the proposed regulation were specifically addressed
26 in the prior environmental review;
27 (2) Amendments to development regulations that are required to
28 ensure consistency with a shoreline master program approved pursuant
29 to RCW 90.58.090, where the shoreline master program was previously
30 subjected to environmental review pursuant to this chapter and the
31 impacts associated with the proposed regulation were specifically
32 addressed in the prior environmental review;
33 (3) Amendments to development regulations that, upon
34 implementation of a project action, will provide increased
35 environmental protection, limited to the following:
36 (a) Increased protections for critical areas, such as enhanced
37 buffers or setbacks;
38 (b) Increased vegetation retention or decreased impervious
39 surface areas in shoreline jurisdiction; and
Official Print - 19 1110-S2.E AMS ENGR 52959.E
1
(c)
Increased vegetation retention or decreased impervious
2
surface
areas in critical areas;
3
(4)
Amendments to technical codes adopted by a county, city, or
4
town
to
ensure consistency with minimum standards contained in state
5
law,
including the following:
6
(a)
Building codes required by chapter 19.27 RCW;
7
(b)
Energy codes required by chapter 19.27A RCW; and
8
(c)
Electrical codes required by chapter 19.28 RCW.
9
(5)
Amendments to development regulations to remove requirements
10
for
parking from development proposed to fill in an urban growth area
11
designated
according to RCW 36.70A.110.
12 NEW SECTION. Sec. 10. A new section is added to chapter 64.34
13 RCW to read as follows:
14 A declaration created after the effective date of this section
15 and applicable to an area within a city subject to the middle housing
16 requirements in section 3 of this act may not actively or effectively
17 prohibit the construction, development, or use of additional housing
18 units as required in section 3 of this act.
19 NEW SECTION. Sec. 11. A new section is added to chapter 64.32
20 RCW to read as follows:
21 A declaration created after the effective date of this section
22 and applicable to an association of apartment owners located within
23 an area of a city subject to the middle housing requirements in
24 section 3 of this act may not actively or effectively prohibit the
25 construction, development, or use of additional housing units as
26 required in section 3 of this act.
27 NEW SECTION. Sec. 12. A new section is added to chapter 64.38
28 RCW to read as follows:
29 Governing documents of associations within cities subject to the
30 middle housing requirements in section 3 of this act that are created
31 after the effective date of this section may not actively or
32 effectively prohibit the construction, development, or use of
33 additional housing units as required in section 3 of this act.
34 NEW SECTION. Sec. 13. A new section is added to chapter 64.90
35 RCW to read as follows:
Official Print - 20 1110-S2.E AMS ENGR 52959.E
1 Declarations and governing documents of a common interest
2 community within cities subject to the middle housing requirements in
3 section 3 of this act that are created after the effective date of
4 this section may not actively or effectively prohibit the
5 construction, development, or use of additional housing units as
6 required in section 3 of this act.
7
NEW SECTION. Sec.
14.
The department of commerce may establish
8
by rule any standards
or procedures necessary to implement sections 2
9
through 7 of this act.
10
NEW SECTION. Sec.
15.
If specific funding for the purposes of
11
this act, referencing
this
act by bill or chapter number, is not
12
provided by June 30,
2023,
in the omnibus appropriations act, this
13
act is null and void."
E2SHB 1110 - S COMM AMD
By Committee on Ways & Means
ADOPTED 04/11/2023
14
On page 1, line 3 of the
title, after "housing;"
strike the
15
remainder of the title and
insert "amending RCW
36.70A.030,
16
36.70A.280, 43.21C.495, and 43.21C.450; adding new
sections to
17
chapter 36.70A RCW; adding a new
section to chapter 64.34
RCW; adding
18
a new section to chapter 64.32 RCW; adding a new section to chapter
19
64.38 RCW; adding a new section
to chapter 64.90 RCW;
and creating
20
new sections."
--- END ---
Official Print - 21 1110-S2.E AMS ENGR 52959.E
Revised July 2023
Middle Housing in Washington:
Fact Sheet for Implementing E2SHB 1110
Topics
In 2023, the Washington State Legislature passed E2SHB 1110 ("HB 1110"), which substantially changes the way many cities in
Washington are to plan for housing. HB 1110 requires cities of certain sizes and locations to allow multiple dwelling units per lot in a
middle housing type of form. Commerce is collecting questions from local governments about the bill and other related legislation
passed this session, and has answered certain questions received below, with more to follow. If you have additional questions or
need for technical assistance, please email dave.osaki@commerce.wa.aov or Anne.Fritzel@commerce.wa.gov.
What is middle housing? HB 1110 defines "Middle housing" as "buildings that are compatible in scale, form, and character with
single-family houses and contain two or more attached, stacked, or clustered homes including duplexes, triplexes, fourplexes,
fiveplexes, sixplexes, townhouses, stacked flats, courtyard apartments, and cottage housing."
What types of assistance will be coming from Commerce?
• Model ordinances: Commerce is directed under the HB 1110 to publish model ordinances no later than six months following the
effective date of the bill, which will be in January of 2024. Stakeholders will be notified of the opportunity to review drafts of the
model middle housing ordinances in the fall of 2023 and invited to provide comment.
• Grant program: Commerce will offer a statewide competitive grant program in the 2023-2025 biennium to help jurisdictions
implement the bill's requirements. All grant funds must be expended by June of 2025.
• Continuing guidance from Commerce: Commerce has already developed a web page on middle housing, which includes tools
such as PowerPoint presentations, photos, posters, and will include objective design standards, and a pro -forma calculator that
local governments can use to communicate about middle housing.' Commerce will also be developing the following to
implement the middle housing legislation:
• Middle housing model ordinances and guidance on the requirements
• Rules for a process by which cities may seek Commerce approval of an alternative local action necessary to meet the
requirements of the bill.'
www.co=eme. wa. gov/serving-communities/growth-management/growth-management-tonics/manning-for-middle-housing/
2 See E2SHB 1110, Sec. 4(3)
E25HB 1110 MIDDLE HOUSING PRELIMINARY INFORMATION, JULY 13, 2023
V3.1
• Standards and procedures for Commerce to use when processing a city request to extend the date by when middle
housing rules must be applied, when and where certain criteria apply.
• Guidance to assist cities on preparing a parking study.'
• Possible changes to land capacity and buildable lands guidance to address units per lot density requirements.
APPLICABILITY
What are cities required to do? Table 1 below summarizes the middle housing requirements that apply to cities in each of the three
population tiers established by HB 1110.' Commerce will provide more detail in the coming year on requirements of the bill and
implementation tools.
Table 1: Basic requirements for cities subject to the HB 1110 in the 2024-2027 periodic update.
Minimum number of
NEAR A MAJOR TRANSIT
WITH AFFORDABLE
middle housing units that
STOP: Minimum number of
HOUSING: Minimum
must be allowed per lot in
middle housing units that
number of middle housing
predominately residential
must be allowed per lot
units that must be allowed
zones
within % mile walking
per lot with affordable
distance of major transit stop
housing in predominately
in predominately residential
residential zones where
zones
density in applicable zone
does not otherwise allow
this number (See also HB
1110, Sec. 3(2))
TIER ONE: Cities with
4 du/lot, unless zoning
6 du/ lot, unless zoning
6 du/lot if at least 2 units
population of at least 75,000
permits higher densities
permits higher densities
are affordable, unless
E2SHB 1110, Sec. 3(1)(b)
zoning permits higher
densities
TIER TWO: Cities with
2 du/lot unless zoning
4 du/lot, unless zoning
4 du/lot if at least 1 unit is
population of at least
permits higher densities
permits higher densities
affordable, unless zoning
25,000 but less than 75,000
permits higher densities
E2SHB 1110, Sec. 3(1)(a)
TIER THREE: Cities with
2 du/lot, unless zoning
N/A
N/A
population under 25,000
permits higher densities
that are contiguous with a
UGA that includes the
largest city in a county with
a population over 275,000
E2SHB 1110, Sec. 3(1)(c)
Which cities are required to allow middle housing? Over the 2024-2027 periodic update cycle, cities of at least 25,000 in population
must allow middle housing, as well as cities with a population less than 25,000 in a county of over 275,000 population and which are
within a contiguous urban growth area that includes the largest city in the county. Table 2, at the end of the document, identifies
3 See E2SHB 1110, Sec. 3(7)(a)
4 E2SHB 1110, Sec. 3(11)(a) requires use of the Washington State Office of Financial Management's 2020 April 1 population data.
https:Hofm.wa.gov/wash ingLon-data-research/population-demographics/population-esti mates
E25HB 1110 MIDDLE HOUSING PRELIMINARY INFORMATION, JULY 13, 2023
V3.1
cities currently subject to the requirements of HB 1110, based on 2020 Office of Financial Management population data, and
Commerce's best understanding.'
When does a local government need to allow middle housing? Cities subject to the bill must implement the requirements no later
than six months after their next periodic update required under RCW 36.70A.130. Cities in the central Puget Sound region (within
King, Kitsap, Snohomish and Pierce counties) have the earliest periodic review deadline, on December 31, 2024, which means that
they must implement the bill by June 30, 2025. Additional cities may be added to this list over time or moved to the next tier, should
they meet the population threshold in future years. Commerce recommends cities look ahead to when their population might meet
the thresholds in the bill and be prepared to meet the requirement, if applicable, within 12 months after their next implementation
progress report required under RCW 36.70A.130.6
DESIGN AND DENSITY
What does E2SHB 1110 mean when it uses the term "density"? "Density" measured in "dwelling units per acre" has traditionally
been the way that zoning ordinances have regulated residential land use. HB 1110 introduces the term "unit density' because the
bill focuses instead on the minimum number of dwelling units on a lot, not on a per acre basis. Local jurisdictions may need to
review and amend comprehensive plan policies and development regulations to take this into consideration, at least for
accommodating middle housing.
How can cities adopt design and development standards that reflect differences between detached single -unit houses and
"middle housing" types? One way to adopt design and development standards that reflect differences between detached single -
unit houses and "middle housing" types is to adopt standards for middle housing that are less restrictive than existing standards
required for detached single-family residences. Because HB 1110 Section (6)(b) states that middle housing regulations may not be
"more restrictive" than for detached single-family residences, there is flexibility for some standards to be less restrictive.' One
example might be to allow driveway widths that are narrower for certain middle housing types than for a detached house. The less
restrictive standard, however, must still be objective (see further below in a separate question regarding EHB 1293's objective
development regulations).
An alternate way to adopt design and development standards is through the administrative design review process in HB 1110
Section 3(6)(a). "Administrative design review" is defined, in part, as, "...a development permit process whereby an application is
reviewed, approved, or denied by the planning director or the planning director's designee based solely on objective design and
development standards without a public predecision hearing..."' Objective design review standards enable a city to adopt those
middle housing specific standards that it deems necessary to achieve compatibility in residential zones where detached single family
houses are the predominant use. These middle housing standards may include design and development standards that are not
existing requirements for a detached single family residence so long as these design and development standards are "objective" and
promote compatibility. The middle housing definition conveys that objective design and development standards are intended to
make middle housing buildings compatible with, not identical to, the scale, form and character of detached single family houses. z
*NEW* QUESTION JULY 2023: Can a city still have a design review board? While some cities may choose to have a design review
board review certain types of permits, e.g., for commercial development, HB 1110 allows only administrative design review for
middle housing. This means that the planning director or the planning director's designee must decide based on objective criteria,
and not a design review board.10 Another 2023 bill, ESHB 1293, places constraints on all design review, not just for housing, including
a limitation of no more than one public meeting and the requirement to use only "clear and objective" development regulations.
' If your city is incorrectly listed or incorrectly omitted, please contact Commerce.
6 E2SHB 1110, Sec. 3(11)(b)
7 See E2SHB 1110, Sec. 3 6(a) and 6(b)
8 See E2SHB 1110, Sec. 2(1)
9 See E2SHB 1110, Sec 2(21) "Middle housing" means buildings that are compatible in scale, form, and character with single-family houses and
contain two or more attached, stacked, or clustered homes including duplexes, triplexes, fourplexes, fiveplexes, sixplexes, townhouses, stacked
flats, courtyard apartments, and cottage housing.
10 E2SHB 1110, Sec. 3(6)(a)
E25HB 1110 MIDDLE HOUSING PRELIMINARY INFORMATION, JULY 13, 2023
V3.1
*NEW* QUESTION JULY 2023 Are cities required to adopt Commerce's 2023 Objective Design and Development Standards?
No. The standards in the Objective Design and Development Standards Toolkit are provided solely as a resource for cities to
consider at their discretion to provide for middle housing. Commerce will prepare model ordinances by January 2024 specific to HB
1110 requirements.
Given that all cities must allow two accessory dwelling units per lot under HB 1337, how does this harmonize with E2SHB 1110
(middle housing)? HB 1337 (section 4(1)(c)) requires that, within urban growth areas, cities and counties allow two accessory
dwelling units on all lots in zoning districts that allow single-family homes. HB 1110 (section 3(5)), requires that cities allow at least
six of the nine types of middle housing to achieve the required unit count.
A city must allow accessory dwelling units and such units may help achieve the unit count, AND the city also must allow middle
housing types (such as a duplex) that can satisfy the minimum density" (i.e., unit count per lot). For example, where a city must
allow two or four units per lot, it does not have to increase the unit count to also accommodate two ADUs.12 A city may choose to
allow such a higher count but is not required to do so. Both bills require that a city allow separate sale of units and the land they sit
upon.
*NEW* QUESTION JULY 2023 Is a city required to change the name of zoning districts that include "single-family" (or something
similar) in the title? No. HB 1110 does not require that anew name, be assigned to a zoning district, however, some cities have
chosen to rename their single-family zones. For example, the City of Walla Walla has renamed its previous "single family" zones as
"Neighborhood Residential Zones" which allow both detached and middle housing types. A city that wishes to rename an existing
zoning district, or to create, name, and map a new one, has authority to do so as a legislative action,
LOT SPLITS AND SUBDIVISION
Does HB 1110 require a city to allow subdivision of land into lots smaller than 1,000 square feet and then also require that the city
allow additional units on these small lots? HB 1110 Section 3(6)(g) states, in part, "Any city subject to the requirements of this
section ... are not required to achieve the .... density under this act on lots after subdivision below 1,000 square feet unless the city
chooses to enact smaller allowable lot sizes." A city has discretion to allow subdivision of land into lots less than 1,000 square feet
and allow additional units on each of those lots, but is not required to do so. While lots may be subdivided (or even if a lot is not
subdivided), the ability to fully achieve four units per lot, for instance, may be limited by the size of the lot and the application of
development standards such as maximum lot coverage, parking, and setback requirements.
TRANSIT STOPS AND PARKING
*NEW* QUESTION JULY 2023: The middle housing bill requires increases in allowed density within "walking distance of a major
transit stop". Does this mean distance is to be measured along some reasonable path, such as street network or by a straight line
distance? A city may use a method of measuring walking distance that is not just a straight line distance (although using a straight
line distance is acceptable if a city chooses that method). To measure walking distance typically means to calculate the actual
walking distance of each path (whether sidewalk, street edge, or trail) that connects one location to another. For purposes of HB
1110, this would include measuring the walking distance of each pedestrian route leading from a lot to the lot or specific right of
way location on which a major transit stop is located. This type of measurement can be done using certain computerized mapping
applications. However, it is likely to result in a smaller total area (and not identified by standard shape, such as a circle) on a map
than a simple measurement that radiates equidistant from the major transit stop. For practical reasons, jurisdictions are encouraged
11 E2SHB 1110, Section 3(5) states, "A city must allow at least six of the nine types of middle housing to achieve the unit density required in
subsection (1) of this section. A city may allow accessory dwelling units to achieve the unit density required in subsection (1) of this section. Cities
are not required to allow accessory dwelling units or middle housing types beyond the density requirements in subsection (1) of this section. A city
must also allow zero lot line short subdivision where the number of lots created is equal to the unit density required in subsection (1) of this
section."
12 E2SHB 1110 and EHB 1337 do not expressly state how to reconcile the different requirements between the two bills for jurisdictions with a two
unit density requirement per lot.
E2SHB 1110 MIDDLE HOUSING PRELIMINARY INFORMATION, JULY 13, 2023
V3.1
to define a station area using logical boundaries such as roads, edges of land use designations, or other features to delineate a
logical area.
*NEW* QUESTION July 2023 What is the maximum off-street parking requirement for middle housing on a lot exactly 6,000
square feet in area? E2SHB 1110 Section 3(6)(e) and (f) address off-street parking requirements for middle housing based on lot
size as follows,
"(e) Shall not require more than one off-street parking space per unit as a condition of permitting development of middle
housing on lots smaller than 6,000 square feet before any zero lot line subdivisions or lot splits;
(f) Shall not require more than two off-street parking spaces per unit as a condition of permitting development of middle
housing on lots greater than 6,000 square feet before any zero lot line subdivisions or lot splits;"
A lot exactly 6,000 square feet is not addressed. In instances where a lot is 6,000 square feet, a jurisdiction may specify in its
development regulations whether (6)(e) or (6)(f) will apply. Regardless, fewer parking spaces than the maximum under HB 1110 may
be appropriate in many locations. In general, in this specific situation, Commerce recommends requiring fewer parking spaces to
reduce barriers to housing development. A developer may choose to provide additional parking spaces.
ADDITIONAL QUESTIONS:
Commerce has received additional questions, which will be answered in further updates, including:
• How are jurisdictions to allow zero lot line subdivisions?
• How does the definition of Major Transit Stop, which includes, "fixed guideway systems', apply?
• How does the provision in ESHB 1293 about height apply to "stepbacks" in particular circumstances (such as for
properties adjacent to single-family zones)?
• Should airport overlay areas be exempted from needing to allow additional middle housing?
• Are there best practices for wildfire/urban interface areas that could be used for E2SHB 1110 implementation?
• Will Commerce provide guidance to utilities to help with growth modeling?
• E2SHB 1110, EHB 1337, and ESHB 1293 establish requirements for local government development regulations, but not
comprehensive plans. Do we need to adopt plan policies that reference or align with these new regulatory changes?
• Can a city adopt and apply middle housing design and development standards through an overlay zone?
• What type of design standards may cities require for accessory dwelling units?
• How should land capacity be calculated, given that more units will be allowed?
• Does E2SHB 1110 have any bearing on vacant residential land that is yet to be platted? The bill does not seem to
indicate if it only applies to platted lots of record as of 2023, or if lots created through future residential plats would
also be affected.
AFFORDABILITY
• Would the bill requirement for mid -size cities to allow 4 units per lot outside Y. mile distance from a major transit stop
mean we cannot allow additional units without an affordability requirement?
• Does E2SHB 1110 require jurisdictions to allow plats within X mile of transit with 4-plexes on each lot, or does that
requirement only apply to existing lots meeting the size requirements of the zoning?
• Does E2SHB 1110 allow jurisdictions to apply affordability requirements within X mile of transit?
• Would an affordability requirement that provided the same number of affordable units, but some flexibility in the
types of units allowed, be considered compliant?
CONTACT INFORMATION
Dave Osaki, Middle Housing Lead: dave.osaki@commerce.wa.us
Anne Fritzel: Growth Management Housing Programs Manager anne.fritzel@commerce.wa.us
E2SHB 1110 MIDDLE HOUSING PRELIMINARY INFORMATION, JULY 13, 2023
V3.1
Table 2 - 2020 City populations and three tiers per HB 1110 Section 3(1)(a)-(c)
TIER 1 TIER 2 TIER 3
Cities with population of at least
75k
Cities with population of at
least 25k and but less than 75k
Cities with populations less than 25K
that are within a contiguous UGA with
the largest city, in a county with a
population more than 275,000
Seattle
737,015
Redmond
73,256
Kenmore
23,914
Spokane
228,989
Marysville
70,714
Tukwila
21,798
Tacoma
219,346
Sammamish
67,455
Mukilteo
21,538
Vancouver
190,915
Lakewood
63,612
Mountlake Terrace
21,286
Bellevue
151,854
Richland
60,560
Mill Creek
20,926
Kent
136,588
Shoreline
58,608
Covington
20,777
Everett
110,629
Olympia
55,382
Arlington
19,868
Renton
106,785
Lacey
53,526
Washougal
17,039
Spokane Valley
102,976
Burien
52,066
Port Orchard
15,587
Federal Way
101,030
Bothell
48,161
Lake Forest Park
13,630
Yakima
96,968
Bremerton
43,505
Woodinville
13,069
Kirkland
92,175
Puyallup
42,937
Newcastle
13,017
Bellingham
91,482
Edmonds
42,853
Edgewood
12,327
Auburn
87,256
Issaquah
40,051
Liberty Lake
12,003
Kennewick
83,921
Lynnwood
38,568
Fife
10,999
Pasco
77,108
Lake Stevens
35,630
Airway Heights
10,757
Counties with April 1, 2020
population greater than 275,000
Wenatchee
35,575
Sumner
10,621
Mount Vernon
35,219
DuPont
10,151
King
2,269,675
University Place
34,866
Milton
8,697
Pierce
920,393
Walla Walla
34,060
Pacific
7,235
E2SHB 1110 MIDDLE HOUSING PRELIMINARY INFORMATION, JULY 13, 2023
V3.1
Snohomish
827,957
Des Moines
32,888
Fircrest
7,156
Spokane
539,339
SeaTac
31,454
Normandy Park
6,771
Clark
503,311
Maple Valley
28,013
Steilacoom
6,727
Thurston
294,793
Camas
26,065
Brier
6,560
Kitsap
275,611
Mercer Island
25,748
Black Diamond
41697
Tumwater
25,573
Algona
3,290
Moses Lake
25,146
Clyde Hill
3,126
Medina
2,915
Millwood
1,881
Woodway
1,318
Yarrow Point
1,134
Ruston
1,055
Hunts Point
457
Beaux Arts Village
317
E2SHB 1110 MIDDLE HOUSING PRELIMINARY INFORMATION, JULY 13, 2023
V3.1
CITY OF SPOKANE VALLEY
Request for Planning Commission Action
Meeting Date: August 24, 2023
Item: Check all that apply ❑ old business ❑ new business ❑ public hearing
❑ information ® study session ❑ pending legislation
AGENDA ITEM TITLE: HB 1425 Annexation Sales & Use Tax
GOVERNING LEGISLATION: RCW 35.13.470 and RCW 82.14.415
PREVIOUS COMMISSION ACTION: None
BACKGROUND: On May 9, 2023, Governor Inslee signed HB 1425 relating to facilitating municipal
annexations known as the Annexation Sales and Use Tax with an effective date of July 23, 2023.
Counties are growing in unincorporated areas. The Growth Management Act assumes that unincorporated
Urban Growth Areas will be annexed over time by cities. Cities are better equipped to provide urban
services than counties and allow a wider array of housing types at greater densities than counties. Cities
have resisted annexing unincorporated areas due to the fiscal impact of providing the urban services. The
Annexation Sales and Use Tax provides the financial incentive for cities to annex areas.
An interlocal agreement between the county and city is required to balance the financial impacts of
annexation. The annexation can negatively impact counties as cities annex land for commercial and
industrial lands while leaving residential lands to the county. The interlocal agreement requires a discussion
about balancing such annexations to prevent financial damage to counties who keep residential areas and
give up commercial and industrial areas.
HB 1425 applies to all cities and counties and is triggered by an inter -local agreement between a city and
county. Cities can receive:
• 1/10th of one percent sales tax credit for annexations of more than 2,000 in population but less than
10,000.
• 2/10th of one percent sales tax credit for annexations of more than 10,000 in population.
• Requires an interlocal agreement for annexed areas in which a sales and use tax is imposed to
address certain criteria regarding loss and gain of revenue, development and ownership of
infrastructure, and revenue -sharing agreements.
• The end date to impose the tax is July 1, 2028.
• All revenue collected under this sales tax credit may only be used to provide, maintain, and operate
municipal services for the annexation area.
The tax is a credit against the state sales and use tax. The Department of Revenue must collect the taxes
on behalf of the city at no cost to the city and must remit the tax to the city.
ACTION OR MOTION: None
STAFF CONTACT: Martin Palaniuk, Associate Planner
ATTACHMENTS:
1. Second Substitute House Bill 1425
RPCA Study Session for HB 1425 Legislative Update Page 1 of l
[a)0l 4008:0C AN0to]4I<ila■aINNNamahhYY
SECOND SUBSTITUTE HOUSE BILL 1425
Chapter 351, Laws of 2023
68th Legislature
2023 Regular Session
MUNICIPAL ANNEXATIONS —SALES AND USE TAX
EFFECTIVE DATE: July 23, 2023
Passed by the House March 3, 2023
Yeas 96 Nays 0
LAURIE JINKINS
Speaker of the House of
Representatives
Passed by the Senate April 19, 2023
Yeas 49 Nays 0
DENNY HECK
President of the Senate
Approved May 9, 2023 10:48 AM
JAY INSLEE
Governor of the State of Washington
CERTIFICATE
I, Bernard Dean, Chief Clerk of the
House of Representatives of the
State of Washington, do hereby
certify that the attached is SECOND
SUBSTITUTE HOUSE BILL 1425 as
passed by the House of
Representatives and the Senate on
the dates hereon set forth.
BERNARD DEAN
Chief Clerk
FILED
May 10, 2023
Secretary of State
State of Washington
SECOND SUBSTITUTE HOUSE BILL 1425
Passed Legislature - 2023 Regular Session
State of Washington 68th Legislature 2023 Regular Session
By House Finance (originally sponsored by Representatives Berg, Low,
Eslick, Ryu, Stonier, Duerr, Ortiz -Self, Cortes, Peterson, Fosse,
Donaghy, and Pollet)
READ FIRST TIME 02/23/23.
1 AN ACT Relating to facilitating municipal annexations; and
2 amending RCW 35.13.470 and 82.14.415.
3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
4 Sec. 1. RCW 35.13.470 and 2003 c 299 s 1 are each amended to
5 read as follows:
6 (1) The legislative body of a county, city, or town planning
7 under chapter 36.70A RCW and subject to the requirements of RCW
8 36.70A.215 may initiate an annexation process for unincorporated
9 territory by adopting a resolution commencing negotiations for an
10 interlocal agreement as provided in chapter 39.34 RCW between a
11 county and any city or town within the county. The territory proposed
12 for annexation must meet the following criteria: (a) Be within the
13 city or town urban growth area designated under RCW 36.70A.110, and
14 (b) at least ((shy)) 60 percent of the boundaries of the territory
15 proposed for annexation must be contiguous to the annexing city or
16 town or one or more cities or towns.
17 (2) If the territory proposed for annexation has been designated
18 in an adopted county comprehensive plan as part of an urban growth
19 area, urban service area, or potential annexation area for a specific
20 city or town, or if the urban growth area territory proposed for
21 annexation has been designated in a written agreement between a city
P. 1 2SHB 1425.SL
1 or town and a county for annexation to a specific city or town, the
2 designation or designations shall receive full consideration before a
3 city or county may initiate the annexation process provided for in
4 RCW 35.13.480.
5 (3) The agreement shall describe the boundaries of the territory
6 to be annexed. A public hearing shall be held by each legislative
7 body, separately or jointly, before the agreement is executed. Each
8 legislative body holding a public hearing shall, separately or
9 jointly, publish the agreement at least once a week for two weeks
10 before the date of the hearing in one or more newspapers of general
11 circulation within the territory proposed for annexation.
12 (4) If an interlocal agreement under this section is used for a
13 sales and use tax under RCW 82.14.415, the agreement under this
14 section must address the following:
15 (a) Balancing of annexations of commercial, industrial, and
16 residential properties so that any potential loss or gain is
17 considered and distributed fairly as determined by tax revenue;
18 (b) Development, ownership, and maintenance of infrastructure;
MOINNOQil
20 (c) The potential for revenue -sharing agreements.
21 (5) Following adoption and execution of the agreement by both
22 legislative bodies, the city or town legislative body shall adopt an
23 ordinance providing for the annexation of the territory described in
24 the agreement. The legislative body shall cause notice of the
25 proposed effective date of the annexation, together with a
26 description of the property to be annexed, to be published at least
27 once each week for two weeks subsequent to passage of the ordinance,
28 in one or more newspapers of general circulation within the city and
29 in one or more newspapers of general circulation within the territory
30 to be annexed. If the annexation ordinance provides for assumption of
31 indebtedness or adoption of a proposed zoning regulation, the notice
32 shall include a statement of the requirements. Any territory to be
33 annexed through an ordinance adopted under this section is annexed
34 and becomes a part of the city or town upon the date fixed in the
35 ordinance of annexation, which date may not be fewer than ((€erty-
36 €tee)) 45 days after adoption of the ordinance.
37 Sec. 2. RCW 82.14.415 and 2016 c 5 s 1 are each amended to read
38 as follows:
p. 2 2SHB 1425.SL
1 (1) The legislative authority of any city ((that is leeazed in a
2 )) that
3 annexes an area consistent with its comprehensive plan required by
4 chapter 36.70A RCW may impose a sales and use tax in accordance with
5 the terms of this chapter. The tax is in addition to other taxes
6 authorized by law and is collected from those persons who are taxable
7 by the state under chapters 82.08 and 82.12 RCW upon the occurrence
8 of any taxable event within the city. The tax may only be imposed by
9 a city if:
10 (a) ((
11
12 easeef a erty Eiesembedtinder stibseetren (3)(a) (i) ef this suren,
13
14 4b})) The city legislative authority determines by resolution or
15 ordinance that the projected cost to provide municipal services to
16 the annexation area exceeds the projected general revenue that the
17 city would otherwise receive from the annexation area on an annual
18 basis; and
19 (b) The city, as provided in RCW 35A.14.472, 35A.14.296, or
20 35.13.470, has entered into an interlocal agreement with the county
21 reaardina the proposed annexation area.
22 (2) The tax authorized under this section is a credit against the
23 state tax under chapter 82.08 or 82.12 RCW. The department of revenue
24 must perform the collection of such taxes on behalf of the city at no
25 cost to the city and must remit the tax to the city as provided in
26 RCW 82.14.060.
27
(3) ( ( (a))
weep in (b) this
)
The
as pre-�i-deb e` sebseetieawe)
28
maximum rate
of tax any city may impose under this
section
is:
29
((fi}))
h 0.1 percent for each annexed
area
in which
the
30
population
is greater than ((ten theasand)) 2,000
and less
than
31
((
32
33
34
leeateEi
illie
five
_..d
within a ---- 3 1 1 ` ` with - ever
ene
- -
35
h"narea theuscn
)) 10,000; and
36
(((ii)))
h 0.2 percent for an annexed
area
in which
the
37
population
is greater than (( )) 10,000.
38
(((b)
Beginning 4tily 1, 2911, the
tax, ifRpese4
fRam-iffttifft rate
ef
39
this
is9.85t fer
are
rien
the
under
seetien laeree an anneiEed
40
latie
is hca hetisand if the
1 '1 - -
J--`--- siiEtee
anne-ed
area
was,
p. 3
2SHB 1425.SL
3
4 (4)
( (tea BiEee}a asjare-�ide (b) of this subseetieawe) )
The
5 maximum
cumulative rate of tax a city may impose under subsection
(3)
6 ((4a}))
of this section is 0.2 percent for the total number
of
7 annexed areas the city may annex.
8 ((
9 subsection (3)(ter efthis seetien is0.3jaeree.t, beginning '-_,;
10
11 1,2919, 4 hat weidid have etherwise .11ew..a the .._mil- to inereasethe
12 rate ef ta3E rfftlaesea --ems seetien absent —the —rate lifftrt -M. e:ed-
13
in (a) e f th • .-b, eet
.
14
15
(3)
this is 0.85
the
sebseetien (b)e€
seetienjaereent—€er
singe
16
17
idnder
(b) this ,.eetien
net
a eity sixbseetien
(3) of fftay
e nee se
-
18
------ -----------------
---- -
Year.
19
(5) ( (
) )
The
20
tax imposed by this
section may only be imposed at
the beginning
of a
21
fiscal year and may
continue for no more than ((tell))
10 years
from
22
the date that each
increment of the tax is first
imposed. Tax
rate
23
increases due to additional
annexed areas are effective on July
1st
24
of the fiscal year
following the fiscal year in which
the annexation
25
occurred, provided
that notice is given to the
department as
set
26
forth in subsection
(9) of this section.
27 (((b) The tax, ifRpesed under siibseetien (3) (b) ef this seetien fRa-Y
28
29 fer ne xftare than years ficefft the Elate 4'h, eh inerefftentefthe
30 taiE s first esed.))
31 (6) All revenue collected under this section may be used solely
32 to provide, maintain, and operate municipal services for the
33 annexation area.
34 (7) The revenues from the tax authorized in this section may not
35 exceed that which the city deems necessary to generate revenue equal
36 to the difference between the city's cost to provide, maintain, and
37 operate municipal services for the annexation area and the general
38 revenues that the cities would otherwise expect to receive from the
39 annexation during a year. If the revenues from the tax authorized in
40 this section and the revenues from the annexation area exceed the
p. 4 2SHB 1425.SL
1 costs to the city to provide, maintain, and operate municipal
2 services for the annexation area during a given year, the city must
3 notify the department and the tax distributions authorized in this
4 section must be suspended for the remainder of the year.
5 (8) No tax may be imposed under this section before July 1,
6 ((2997)) 2023. Before imposing a tax under this section, the
7 legislative authority of a city must adopt an ordinance that includes
8 the following:
9 (a) A certification that the amount needed to provide municipal
10 services to the annexed area reflects the city's true and actual
11 costs;
12 (b) The rate of tax under this section that is imposed within the
13 city; and
14 (c) The threshold amount for the first fiscal year following the
15 annexation and passage of the ordinance.
16 (9) The tax must cease to be distributed to the city for the
17 remainder of the fiscal year once the threshold amount has been
18 reached. No later than March 1st of each year, the city must provide
19 the department with a certification of the city's true and actual
20 costs to provide municipal services to the annexed area, a new
21 threshold amount for the next fiscal year, and notice of any
22 applicable tax rate changes. Distributions of tax under this section
23 must begin again on July 1st of the next fiscal year and continue
24 until the new threshold amount has been reached or June 30th,
25 whichever is sooner. Any revenue generated by the tax in excess of
26 the threshold amount belongs to the state of Washington. Any amount
27 resulting from the threshold amount less the total fiscal year
28 distributions, as of June 30th, may not be carried forward to the
29 next fiscal year.
30 (10) ( (The tamest eease te be Eiistribatedte a ei y ifftpesinej
31 the tax .ier b � (3) (b) f this the .der of
L1-SC�ST�J�ef����.-n `__���rJ rSeT�^J�T CTL��C'fii�t
32 the year, if the tetaldistribidtiens te the eity ifftpesinq
33 taiE-cicccccseven --n^rrrr____ seven _________ ______1 ____ __________. _._____:
34 fer tire—€iseal year. eity fftay net ixRjaese tax,inn er subseetien
35
36 the eeelle residing within the anneiEed area. A eit
37 bay a_e_ sabseetien (3) (b)e€ the seeden if it previelesewer
38 serviee in the a ....a .
39 ))) The resident population of the annexation area must be
40 determined in accordance with chapter 35.13 or 35A.14 RCW.
p. 5 2SHB 1425.SL
1 ( ((12) ) ) (11) A city may not begin to impose the tax authorized
2 by this section after July 1, 2028.
3 (12) The following definitions apply throughout this section
4 unless the context clearly requires otherwise:
5 (a) "Annexation area" means an area that has been annexed to a
6 city under chapter 35.13 or 35A.14 RCW. "Annexation area" includes
7 all territory described in the city resolution.
8 (b) "Commenced annexation" means the initiation of annexation
9 proceedings has taken place under the direct petition method or the
10 election method under chapter 35.13 or 35A.14 RCW.
11 (c) "Department" means the department of revenue.
12 (d) "Municipal services" means those services customarily
13 provided to the public by city government.
14 (e) "Fiscal year" means the year beginning July 1st and ending
15 the following June 30th.
16 (f) "Potential annexation area" means one or more geographic
17 areas that a city has officially designated for potential future
18 annexation, as part of its comprehensive plan adoption process under
19 the state growth management act, chapter 36.70A RCW.
20 (g) "Threshold amount" means the maximum amount of tax
21 distributions as determined by the city in accordance with subsection
22 (7) of this section that the department must distribute to the city
23 generated from the tax imposed under this section in a fiscal year.
Passed by the House March 3, 2023.
Passed by the Senate April 19, 2023.
Approved by the Governor May 9, 2023.
Filed in Office of Secretary of State May 10, 2023.
--- END ---
p. 6 2SHB 1425.SL