S-4188.2
SUBSTITUTE SENATE BILL 6152
State of Washington 68th Legislature 2024 Regular Session
By Senate Local Government, Land Use & Tribal Affairs (originally
sponsored by Senators Cleveland, Shewmake, Rivers, Frame, Salomon,
Trudeau, Nguyen, Keiser, Liias, Pedersen, Kuderer, Nobles, Saldaña,
and Valdez)
READ FIRST TIME 01/31/24.
1 AN ACT Relating to requiring certain counties to measure the gap
2 between estimated existing housing units and existing housing needs
3 to meet local housing demands; amending RCW 36.70A.610 and
4 43.155.070; and creating a new section.
5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
6 Sec. 1. RCW 36.70A.610 and 2020 c 173 s 6 are each amended to
7 read as follows:
8 (1) The Washington center for real estate research at the
9 University of Washington shall produce a series of reports as
10 described in this section that compiles housing supply and
11 affordability metrics for each city planning under RCW 36.70A.040
12 with a population of ten thousand or more.
13 (a) The initial report, completed by October 15, 2020, must be a
14 compilation of objective criteria relating to income, employment,
15 housing and rental prices, housing affordability by housing tenure,
16 and other metrics relevant to assessing housing supply and
17 affordability for all income segments, including the percentage of
18 cost-burdened households of each jurisdiction. This report may also
19 include city-specific median income data for those cities
20 implementing the multifamily tax exemption program under chapter
21 84.14 RCW.
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 1 (b) The report completed by October 15, 2021, must include an
2 analysis of the private rental housing market for each area outlining
3 the number of units, vacancy rates, and rents by unit type, where
4 possible. This analysis should separate market rate multifamily
5 rental housing developments and other smaller scale market rate
6 rental housing. This analysis should also incorporate data from the
7 Washington state housing finance commission on subsidized rental
8 housing in the area consistent with the first report under this
9 subsection.
10 (c) The report completed by October 15, 2022, must also include
11 data relating to actions taken by cities under chapter 348, Laws of
12 2019 as well as detailed information on development regulations,
13 levies and fees, and zoning related to housing development.
14 (d) The report completed by October 15, 2024, and every two years
15 thereafter, must also include relevant data relating to buildable
16 lands reports prepared under RCW 36.70A.215, where applicable, and
17 updates to comprehensive plans under this chapter.
18 (e) The report completed by October 15, 2026, and every two years
19 thereafter, must also include:
20 (i) An analysis of the estimated existing housing units and
21 existing housing needs within each county at the following income
22 levels: 0–30 percent of the area median income, 30–50 percent of the
23 area median income, 50–80 percent of the area median income, 80–100
24 percent of the area median income, 100–120 percent of the area median
25 income, and greater than 120 percent of the area median income;
26 (ii) Each county's progress in closing the gap between estimated
27 existing housing units within the county and existing housing needs;
28 and
29 (iii) Each county's progress in meeting emergency housing,
30 emergency shelters, and permanent supportive housing needs within the
31 county.
32 (2) The Washington center for real estate research shall
33 collaborate with the Washington housing finance commission and the
34 office of financial management to develop the metrics compiled in the
35 series of reports under this section.
36 (3) The series of reports under this section must be submitted,
37 consistent with RCW 43.01.036, to the standing committees of the
38 legislature with jurisdiction over housing issues and this chapter.
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 1 Sec. 2. RCW 43.155.070 and 2021 c 65 s 49 are each amended to
2 read as follows:
3 (1) To qualify for financial assistance under this chapter the
4 board must determine that a local government meets all of the
5 following conditions:
6 (a) The city or county must be imposing a tax under chapter 82.46
7 RCW at a rate of at least one-quarter of one percent;
8 (b) The local government must have developed a capital facility
9 plan; and
10 (c) The local government must be using all local revenue sources
11 which are reasonably available for funding public works, taking into
12 consideration local employment and economic factors.
13 (2) Except where necessary to address a public health need or
14 substantial environmental degradation, a county, city, or town
15 planning under RCW 36.70A.040 may not receive financial assistance
16 under this chapter unless it has adopted a comprehensive plan,
17 including a capital facilities plan element, and development
18 regulations as required by RCW 36.70A.040. This subsection does not
19 require any county, city, or town planning under RCW 36.70A.040 to
20 adopt a comprehensive plan or development regulations before
21 requesting or receiving financial assistance under this chapter if
22 such request is made before the expiration of the time periods
23 specified in RCW 36.70A.040. A county, city, or town planning under
24 RCW 36.70A.040 that has not adopted a comprehensive plan and
25 development regulations within the time periods specified in RCW
26 36.70A.040 may apply for and receive financial assistance under this
27 chapter if the comprehensive plan and development regulations are
28 adopted as required by RCW 36.70A.040 before executing a contractual
29 agreement for financial assistance with the board.
30 (3) In considering awarding financial assistance for public
31 facilities to special districts requesting funding for a proposed
32 facility located in a county, city, or town planning under RCW
33 36.70A.040, the board must consider whether the county, city, or town
34 planning under RCW 36.70A.040 in whose planning jurisdiction the
35 proposed facility is located has adopted a comprehensive plan and
36 development regulations as required by RCW 36.70A.040.
37 (4)(a) The board must develop a process to prioritize
38 applications and funding of loans and grants for public works
39 projects submitted by local governments. The board must consider, at
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 1 a minimum and in any order, the following factors in prioritizing
2 projects:
3 (i) Whether the project is critical in nature and would affect
4 the health and safety of many people;
5 (ii) The extent to which the project leverages other funds;
6 (iii) The extent to which the project is ready to proceed to
7 construction;
8 (iv) Whether the project is located in an area of high
9 unemployment, compared to the average state unemployment;
10 (v) Whether the project promotes the sustainable use of resources
11 and environmental quality, as applicable;
12 (vi) Whether the project consolidates or regionalizes systems;
13 (vii) Whether the project encourages economic development through
14 mixed-use and mixed income development consistent with chapter 36.70A
15 RCW;
16 (viii) Whether the project encourages infill development or any
17 other increase in affordable housing units. For purposes of this
18 subsection (4)(a)(viii), "affordable housing" has the same meaning as
19 in RCW 36.70A.030;
20 (ix) Whether the system is being well-managed in the present and
21 for long-term sustainability;
22 (((ix))) (x) Achieving equitable distribution of funds by
23 geography and population;
24 (((x))) (xi) The extent to which the project meets the following
25 state policy objectives:
26 (A) Efficient use of state resources;
27 (B) Preservation and enhancement of health and safety;
28 (C) Abatement of pollution and protection of the environment;
29 (D) Creation of new, family-wage jobs, and avoidance of shifting
30 existing jobs from one Washington state community to another;
31 (E) Fostering economic development consistent with chapter 36.70A
32 RCW;
33 (F) Efficiency in delivery of goods and services and
34 transportation; and
35 (G) Reduction of the overall cost of public infrastructure;
36 (((xi))) (xii) Whether the applicant sought or is seeking funding
37 for the project from other sources; and
38 (((xii))) (xiii) Other criteria that the board considers
39 necessary to achieve the purposes of this chapter.
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 1 (b) Before September 1, 2018, and each year thereafter, the board
2 must develop and submit a report regarding the construction loans and
3 grants to the office of financial management and appropriate fiscal
4 committees of the senate and house of representatives. The report
5 must include:
6 (i) The total number of applications and amount of funding
7 requested for public works projects;
8 (ii) A list and description of projects approved in the preceding
9 fiscal year with project scores against the board's prioritization
10 criteria;
11 (iii) The total amount of loan and grants disbursements made from
12 the public works assistance account in the preceding fiscal year;
13 (iv) The total amount of loan repayments in the preceding fiscal
14 year for outstanding loans from the public works assistance account;
15 (v) The total amount of loan repayments due for outstanding loans
16 for each fiscal year over the following ten-year period; and
17 (vi) The total amount of funds obligated and timing of when the
18 funds were obligated in the preceding fiscal year.
19 (c) The maximum amount of funding that the board may provide for
20 any jurisdiction is ten million dollars per biennium.
21 (5) Existing debt or financial obligations of local governments
22 may not be refinanced under this chapter. Each local government
23 applicant must provide documentation of attempts to secure additional
24 local or other sources of funding for each public works project for
25 which financial assistance is sought under this chapter.
26 (6) Before September 1st of each year, the board must develop and
27 submit to the appropriate fiscal committees of the senate and house
28 of representatives a description of the loans and grants made under
29 RCW 43.155.065 and 43.155.068.
30 (7) The board may not sign contracts or otherwise financially
31 obligate funds from the public works assistance account before the
32 legislature has appropriated funds to the board for the purpose of
33 funding public works projects under this chapter.
34 (8) To qualify for loans, grants, or pledges for solid waste or
35 recycling facilities under this chapter, a city or county must
36 demonstrate that the solid waste or recycling facility is consistent
37 with and necessary to implement the comprehensive solid waste
38 management plan adopted by the city or county under chapter 70A.205
39 RCW.
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 1 (9) After January 1, 2010, any project designed to address the
2 effects of stormwater or wastewater on Puget Sound may be funded
3 under this section only if the project is not in conflict with the
4 action agenda developed by the Puget Sound partnership under RCW
5 90.71.310.
6 (10) For projects involving repair, replacement, or improvement
7 of a wastewater treatment plant or other public works facility for
8 which an investment grade efficiency audit is reasonably obtainable,
9 the public works board must require as a contract condition that the
10 project sponsor undertake an investment grade efficiency audit. The
11 project sponsor may finance the costs of the audit as part of its
12 public works assistance account program loan or grant.
13 (11) The board must implement policies and procedures designed to
14 maximize local government consideration of other funds to finance
15 local infrastructure.
16 NEW SECTION. Sec. 3. This act may be known and cited as the
17 affordable housing action act.
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Statutes affected:
Original Bill: 43.155.070
Substitute Bill: 36.70A.610, 43.155.070