H-3187.1
SECOND SUBSTITUTE HOUSE BILL 2113
State of Washington 68th Legislature 2024 Regular Session
By House Appropriations (originally sponsored by Representatives
Bateman, Macri, Peterson, Alvarado, Leavitt, Bronoske, Ramel,
Fitzgibbon, Berry, Reed, Ormsby, Taylor, Gregerson, Street, Mena,
Tharinger, Berg, Lekanoff, Riccelli, and Cortes)
READ FIRST TIME 02/05/24.
1 AN ACT Relating to compliance with the housing element
2 requirements of the growth management act; amending RCW 36.70A.290
3 and 36.70A.320; reenacting and amending RCW 36.70A.280, 36.70A.130,
4 and 43.21C.495; adding new sections to chapter 36.70A RCW; and
5 creating new sections.
6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
7 NEW SECTION. Sec. 1. A new section is added to chapter 36.70A
8 RCW to read as follows:
9 (1)(a) Within six months after each comprehensive plan update due
10 under RCW 36.70A.130, a county or city that is required or chooses to
11 plan under RCW 36.70A.040 must submit any housing development
12 regulations adopted or amended after the effective date of this
13 section to the department for a determination of compliance with the
14 laws and regulations identified in subsection (5) of this section.
15 Where the department has previously issued a determination of
16 compliance for a county's or city's housing development regulation,
17 no further review or approval is required under this section except
18 that any final action to amend, repeal, or replace the housing
19 development regulation shall be subject to review and approval under
20 this section. For the purposes of this section, "housing development
21 regulations" means any development regulations related to the housing
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 1 element requirements under RCW 36.70A.070(2) including, but not
2 limited to, development regulations related to permanent supportive
3 housing, emergency housing, emergency shelters, middle housing, and
4 accessory dwelling units, and any zoning maps and zoning districts.
5 (b) Housing development regulations adopted by a county or city
6 subject to the requirements in this section do not take effect until
7 the department issues a final decision determining that the housing
8 development regulations comply with the laws and regulations
9 identified in subsection (5) of this section.
10 (c) The adoption of any housing development regulations by a
11 county or city subject to the requirements in this section may not be
12 appealed until the department issues a final decision on compliance.
13 Any appeal of the department's final decision must comply with
14 subsection (6) of this section. For any ordinance sent to the
15 department for certification, the final decision for the purpose of
16 RCW 36.70A.290 shall be the date the department publishes its final
17 decision under this section.
18 (2) Notice of intent to apply. (a) Not less than 120 days prior
19 to applying for a determination of compliance, the county or city
20 must notify the department in writing that it intends to apply.
21 (b) The department shall promptly publish notice in the
22 Washington State Register that a city or county has notified the
23 department of its intent to apply for a determination of compliance,
24 and the department shall post a copy of the notice on the
25 department's website.
26 (c) The department shall review the proposed housing development
27 regulations prior to final adoption by the county or city and advise
28 the county or city of the actions necessary to receive a
29 determination of compliance.
30 (d) The department may consult with other relevant state agencies
31 in making its determination.
32 (3) Application procedures. (a) After taking final action to
33 adopt any housing development regulations, a city or county subject
34 to the requirements in this section must apply for a determination of
35 compliance. A city or county must submit its application to the
36 department within 10 days of taking final action.
37 (b) An application must include, at a minimum, the following:
38 (i) A cover letter from the legislative authority requesting a
39 determination of compliance;
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 1 (ii) A copy of the adopted ordinance or resolution taking the
2 legislative action or actions required to adopt the housing
3 development regulations;
4 (iii) A statement explaining how the adopted housing development
5 regulations comply with the laws and regulations identified in
6 subsection (5) of this section; and
7 (iv) A copy of the record developed by the city or county at any
8 public meetings or public hearings at which action was taken on the
9 housing development regulations.
10 (c) For purposes of this subsection, "action" and "meeting" have
11 the same definitions as in RCW 42.30.020.
12 (4) Review procedures. (a) Within 180 days of the date of receipt
13 of an application, the department shall strive to issue a final
14 decision determining whether the housing development regulations
15 comply with the laws and regulations identified in subsection (5) of
16 this section.
17 (b) The department must issue its final decision in the form of a
18 written statement, including findings of fact and conclusions, and
19 noting the date of the issuance of its decision. The department's
20 issued decision must conspicuously and plainly state that it is the
21 department's final decision.
22 (c) The department shall promptly publish its final decision as
23 follows:
24 (i) Notify the city or county in writing of its decision;
25 (ii) Publish a notice of action in the Washington State Register;
26 (iii) Post a notice of its decision on the agency website; and
27 (iv) Notify other relevant state agencies regarding the decision.
28 (5)(a) The department shall issue a determination of compliance
29 unless it determines that the housing development regulations are not
30 consistent with any of the following:
31 (i) The housing planning goal set forth in RCW 36.70A.020(4);
32 (ii) The housing element requirements set forth in RCW
33 36.70A.070(2);
34 (iii) Any relevant rules adopted by the department;
35 (iv) Any relevant state environmental policy act requirements in
36 chapter 43.21C RCW;
37 (v) The county's or city's comprehensive plan, including the
38 housing element; or
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 1 (vi) The requirements related to transitional housing, permanent
2 supportive housing, emergency shelters, and emergency housing in RCW
3 35.21.683 and 35A.21.430.
4 (b) Within six months of the effective date of this section, the
5 department shall publish a defined set of minimum objective standards
6 that jurisdictions must meet in order to comply with this section.
7 (6) The department's final decision may be appealed according to
8 the following provisions:
9 (a) The department's final decision may be appealed to the growth
10 management hearings board by filing a petition as provided in RCW
11 36.70A.290.
12 (b) A decision of the growth management hearings board concerning
13 an appeal of the department's final decision must be based solely on
14 whether the housing development regulations comply with the laws and
15 regulations identified in subsection (5) of this section.
16 (7)(a) The department shall publish and regularly update a local
17 government compliance list that includes, at minimum, the following
18 information for each city or county subject to the requirements in
19 this section:
20 (i) Whether the city or county has applied for a determination of
21 compliance and, if so, the date of the application; and
22 (ii) Whether the department has issued a final decision on
23 compliance for the city or county and, if so, the nature of the
24 decision, the date that the decision was issued, and the status or
25 outcome of any appeals.
26 (b) The local government compliance list may also include the
27 following information:
28 (i) Whether a city or county has submitted its housing element
29 for approval under section 2 of this act and, if so, the date of the
30 application; and
31 (ii) Whether the department has issued a final decision on the
32 city's or county's application for housing element approval and, if
33 so, the nature of the decision, the date that the decision was
34 issued, and the status or outcome of any appeals.
35 (c) The local government compliance list must be made publicly
36 available on the department's website.
37 (8)(a) A city or county subject to the requirements in this
38 section may not deny an affordable or moderate-income housing
39 development, or approve an affordable or moderate-income housing
40 development with conditions or restrictions that have a substantial
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 1 adverse impact on the viability of the development or the degree of
2 affordability of the development, if the developer has agreed to
3 enforceable restrictions committing to provide affordable or
4 moderate-income housing development units for a minimum 50-year
5 period, unless at least one of the following conditions is met:
6 (i) The city or county has received a final decision from the
7 department, the growth management hearings board, or a court of
8 competent jurisdiction determining that the relevant housing
9 development regulations cited in a denial comply with the laws and
10 regulations identified in subsection (5) of this section by the
11 deadlines in RCW 36.70A.130;
12 (ii) The denial of the affordable or moderate-income housing
13 development, or the approval of the affordable or moderate-income
14 housing development with conditions or restrictions that have a
15 substantial adverse impact on the viability of the development or the
16 degree of affordability of the development, is required in order to
17 comply with specific state or federal law;
18 (iii) The affordable or moderate-income housing development or
19 proposed development site is located outside an urban growth area, in
20 a critical area, critical area buffer, or in an area where
21 residential uses are not allowed by the applicable shoreline master
22 program;
23 (iv) The affordable or moderate-income housing development or
24 proposed development site is located in an area where neither the
25 local jurisdiction's comprehensive plan nor zoning ordinance permits
26 residential or mixed uses; or
27 (v) The county or city has adopted an impact fee exemption for
28 low-income housing as authorized by RCW 82.02.060 and the conditions
29 for approval of the affordable or moderate-income housing development
30 were adopted by ordinance prior to the date a complete application
31 was submitted for land use or building permits for the affordable or
32 moderate-income housing development.
33 (b) For the purposes of this subsection, "affordable or moderate-
34 income housing development" means a residential housing development
35 where:
36 (i) At least 20 percent of the units are for rental housing with
37 monthly costs that do not exceed 30 percent of the monthly income of
38 a household whose income is at 60 percent of the median household
39 income adjusted for household size, for the county where the
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 1 household is located, as reported by the United States department of
2 housing and urban development;
3 (ii) At least 20 percent of the units are for owner-occupied
4 housing with monthly costs that do not exceed 30 percent of the
5 monthly income of a household whose income is at 80 percent of the
6 median household income adjusted for household size, for the county
7 where the household is located, as reported by the United States
8 department of housing and urban development;
9 (iii) All of the units are for rental housing with monthly costs
10 that do not exceed 30 percent of the monthly income of a household
11 whose income is at 100 percent of the median household income
12 adjusted for household size, for the county where the household is
13 located, as reported by the United States department of housing and
14 urban development; or
15 (iv) All of the units are for owner-occupied housing with monthly
16 costs that do not exceed 30 percent of the monthly income of a
17 household whose income is at 120 percent of the median household
18 income adjusted for household size, for the county where the
19 household is located, as reported by the United States department of
20 housing and urban development.
21 (c) The county or city must require enforceable restrictions to
22 ensure the measures of affordability in (b) of this subsection are
23 met for a minimum 50-year period. The county or city must
24 periodically audit compliance with the restrictions, or provide
25 another mechanism to ensure the units committed to affordable or
26 moderate-income housing meet the measures in (b) of this subsection
27 during the agreed term.
28 (9) The department may adopt any rules necessary to implement
29 this section.
30 NEW SECTION. Sec. 2. A new section is added to chapter 36.70A
31 RCW to read as follows:
32 (1) A county or city required to complete a housing element under
33 RCW 36.70A.070(2) may submit the housing element to the department
34 for approval. When submitted to the department for approval, the
35 housing element becomes effective when approved by the department as
36 provided in this section. Where the department has previously
37 approved a county's or city's housing element, no further review or
38 approval is required under this section except that any final action
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 1 to amend, repeal, or replace the housing element shall be subject to
2 review and approval under this section.
3 (2) Notice of intent to apply for approval. (a) Not less than 120
4 days prior to applying for approval of a housing element, the county
5 or city must notify the department in writing that it intends to
6 apply for 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 housing element, a city or county may apply
15 to the department for approval. A city or county must submit its
16 application to the department within 10 days of taking final action.
17 (b) An application for approval must include, at a minimum, the
18 following:
19 (i) A cover letter from the legislative authority requesting
20 approval;
21 (ii) A copy of the adopted ordinance or resolution taking the
22 legislative action or actions required to adopt the housing element;
23 (iii) A statement explaining how the adopted housing element
24 complies with the provisions of this chapter; and
25 (iv) A copy of the record developed by the city or county at any
26 public meetings or public hearings at which action was taken on the
27 housing element.
28 (c) For purposes of this subsection, "action" and "meeting" have
29 the same definitions as in RCW 42.30.020.
30 (4) Approval procedures. (a) The department shall strive to
31 achieve final action to approve or deny an application within 180
32 days of the date of receipt of the application.
33 (b) The department must issue its decision in the form of a
34 written statement, including findings of fact and conclusions, and
35 noting the date of the issuance of its decision. The department's
36 issued decision must conspicuously and plainly state that it is the
37 department's final decision and that there will be no further
38 modifications to the proposed housing element.
39 (c) The department must promptly publish its decision on the
40 application for approval as follows:
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 1 (i) Notify the city or county in writing of its determination;
2 (ii) Publish a notice of action in the Washington State Register;
3 (iii) Post a notice of its decision on the agency website; and
4 (iv) Notify other relevant state agencies regarding the approval
5 decision.
6 (5)(a) The department shall approve a housing element unless it
7 determines that the housing element is not consistent with any of the
8 following:
9 (i) The housing planning goal set forth in RCW 36.70A.020(4);
10 (ii) The housing element requirements set forth in RCW
11 36.70A.070(2);
12 (iii) The requirements related to transitional housing, permanent
13 supportive housing, emergency shelters, and emergency housing in RCW
14 35.21.683 and 35A.21.430;
15 (iv) Any relevant rules adopted by the department;
16 (v) Any relevant state environmental policy act requirements in
17 chapter 43.21C RCW; or
18 (vi) The county's or city's comprehensive plan or future land use
19 map.
20 (b) Within six months of the effective date of this sectio