H-2500.1
SUBSTITUTE HOUSE BILL 1782
State of Washington 67th Legislature 2022 Regular Session
By House Local Government (originally sponsored by Representatives
Bateman, Macri, Berry, Fitzgibbon, Ryu, Dolan, Wicks, J. Johnson,
Barkis, Davis, Goodman, Gregerson, Morgan, Peterson, Ramel, Simmons,
Slatter, Bergquist, Valdez, Thai, Duerr, Stonier, Riccelli, Ormsby,
Taylor, Harris-Talley, Hackney, Kloba, and Frame; by request of
Office of the Governor)
READ FIRST TIME 02/03/22.
1 AN ACT Relating to creating additional middle housing near
2 transit and in areas traditionally dedicated to single-family
3 detached housing; amending RCW 36.70A.030, 36.70A.190, and
4 36.70A.070; adding new sections to chapter 36.70A RCW; adding a new
5 section to chapter 64.38 RCW; adding a new section to chapter 64.90
6 RCW; and creating new sections.
7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
8 NEW SECTION. Sec. 1. The legislature finds that every
9 Washington resident should have access to safe, healthy, secure, and
10 affordable housing; and, that it is the responsibility of the state
11 and all cities and counties to plan for all current and future
12 residents within their jurisdictions of all income levels, races, and
13 ethnicities to have such housing. As our state population grows, the
14 legislature recognizes the need for the state's housing supply to
15 grow and adapt to meet the needs of all households, regardless of
16 age, race, ethnicity, religion, sexual orientation, gender identity,
17 country of origin, or income, including families with children,
18 seniors, and people who have a disability.
19 The legislature finds that adding a built environment subelement
20 to comprehensive plans is desirable as the legislature mandates
21 increasing density for middle housing, particularly in larger cities,
p. 1 SHB 1782
 1 pursuant to this act, in order to protect and improve the physical
2 and mental health of communities with less access to open space and
3 tree canopy, reduce health risks of extreme heat events related to
4 climate change, or reduce disproportionately higher risks of exposure
5 to air pollution or other environmental contaminants.
6 The legislature finds that it has duties under existing statutes,
7 including chapter 36.70A RCW, to provide funding for all cities and
8 counties to plan for new required elements of comprehensive plans
9 including, but not limited to, planning for affordable housing and
10 meeting the goals of the state in reducing our contribution to
11 climate change. The legislature recognizes that it has been difficult
12 to project what the costs may be of planning for new elements
13 pursuant to this act. It is the intent of the legislature that the
14 evaluation provided for in RCW 36.70A.190, and updates to it
15 periodically thereafter, shall determine what constitutes adequate
16 funding for planning for new elements of comprehensive plans and for
17 the adoption of implementing ordinances and development regulations
18 pursuant to chapter 36.70A RCW for future comprehensive plan updates.
19 Sec. 2. RCW 36.70A.030 and 2021 c 254 s 6 are each amended to
20 read as follows:
21 Unless the context clearly requires otherwise, the definitions in
22 this section apply throughout this chapter.
23 (1) "Adopt a comprehensive land use plan" means to enact a new
24 comprehensive land use plan or to update an existing comprehensive
25 land use plan.
26 (2) "Affordable housing" means, unless the context clearly
27 indicates otherwise, residential housing whose monthly costs,
28 including utilities other than telephone, do not exceed thirty
29 percent of the monthly income of a household whose income is:
30 (a) For rental housing, sixty percent of the median household
31 income adjusted for household size, for the county where the
32 household is located, as reported by the United States department of
33 housing and urban development; or
34 (b) For owner-occupied housing, eighty percent of the median
35 household income adjusted for household size, for the county where
36 the household is located, as reported by the United States department
37 of housing and urban development.
38 (3) "Agricultural land" means land primarily devoted to the
39 commercial production of horticultural, viticultural, floricultural,
p. 2 SHB 1782
 1 dairy, apiary, vegetable, or animal products or of berries, grain,
2 hay, straw, turf, seed, Christmas trees not subject to the excise tax
3 imposed by RCW 84.33.100 through 84.33.140, finfish in upland
4 hatcheries, or livestock, and that has long-term commercial
5 significance for agricultural production.
6 (4) "City" means any city or town, including a code city.
7 (5) "Comprehensive land use plan," "comprehensive plan," or
8 "plan" means a generalized coordinated land use policy statement of
9 the governing body of a county or city that is adopted pursuant to
10 this chapter.
11 (6) "Cottage housing" means four or more residential units on a
12 lot with a common open space that is either:
13 (a) Owned in common; or
14 (b) Has units owned as condominium units with property owned in
15 common and a minimum of 20 percent of the lot size as open space.
16 (7) "Courtyard apartments" means up to four attached dwelling
17 units arranged on two or three sides of a central courtyard or lawn
18 area.
19 (8) "Critical areas" include the following areas and ecosystems:
20 (a) Wetlands; (b) areas with a critical recharging effect on aquifers
21 used for potable water; (c) fish and wildlife habitat conservation
22 areas; (d) frequently flooded areas; and (e) geologically hazardous
23 areas. "Fish and wildlife habitat conservation areas" does not
24 include such artificial features or constructs as irrigation delivery
25 systems, irrigation infrastructure, irrigation canals, or drainage
26 ditches that lie within the boundaries of and are maintained by a
27 port district or an irrigation district or company.
28 (((7))) (9) "Department" means the department of commerce.
29 (((8))) (10) "Development regulations" or "regulation" means the
30 controls placed on development or land use activities by a county or
31 city, including, but not limited to, zoning ordinances, critical
32 areas ordinances, shoreline master programs, official controls,
33 planned unit development ordinances, subdivision ordinances, and
34 binding site plan ordinances together with any amendments thereto. A
35 development regulation does not include a decision to approve a
36 project permit application, as defined in RCW 36.70B.020, even though
37 the decision may be expressed in a resolution or ordinance of the
38 legislative body of the county or city.
39 (((9))) (11) "Emergency housing" means temporary indoor
40 accommodations for individuals or families who are homeless or at
p. 3 SHB 1782
 1 imminent risk of becoming homeless that is intended to address the
2 basic health, food, clothing, and personal hygiene needs of
3 individuals or families. Emergency housing may or may not require
4 occupants to enter into a lease or an occupancy agreement.
5 (((10))) (12) "Emergency shelter" means a facility that provides
6 a temporary shelter for individuals or families who are currently
7 homeless. Emergency shelter may not require occupants to enter into a
8 lease or an occupancy agreement. Emergency shelter facilities may
9 include day and warming centers that do not provide overnight
10 accommodations.
11 (((11))) (13) "Extremely low-income household" means a single
12 person, family, or unrelated persons living together whose adjusted
13 income is at or below thirty percent of the median household income
14 adjusted for household size, for the county where the household is
15 located, as reported by the United States department of housing and
16 urban development.
17 (((12))) (14) "Forestland" means land primarily devoted to
18 growing trees for long-term commercial timber production on land that
19 can be economically and practically managed for such production,
20 including Christmas trees subject to the excise tax imposed under RCW
21 84.33.100 through 84.33.140, and that has long-term commercial
22 significance. In determining whether forestland is primarily devoted
23 to growing trees for long-term commercial timber production on land
24 that can be economically and practically managed for such production,
25 the following factors shall be considered: (a) The proximity of the
26 land to urban, suburban, and rural settlements; (b) surrounding
27 parcel size and the compatibility and intensity of adjacent and
28 nearby land uses; (c) long-term local economic conditions that affect
29 the ability to manage for timber production; and (d) the availability
30 of public facilities and services conducive to conversion of
31 forestland to other uses.
32 (((13))) (15) "Freight rail dependent uses" means buildings and
33 other infrastructure that are used in the fabrication, processing,
34 storage, and transport of goods where the use is dependent on and
35 makes use of an adjacent short line railroad. Such facilities are
36 both urban and rural development for purposes of this chapter.
37 "Freight rail dependent uses" does not include buildings and other
38 infrastructure that are used in the fabrication, processing, storage,
39 and transport of coal, liquefied natural gas, or "crude oil" as
40 defined in RCW 90.56.010.
p. 4 SHB 1782
 1 (((14))) (16) "Geologically hazardous areas" means areas that
2 because of their susceptibility to erosion, sliding, earthquake, or
3 other geological events, are not suited to the siting of commercial,
4 residential, or industrial development consistent with public health
5 or safety concerns.
6 (((15))) (17) "Long-term commercial significance" includes the
7 growing capacity, productivity, and soil composition of the land for
8 long-term commercial production, in consideration with the land's
9 proximity to population areas, and the possibility of more intense
10 uses of the land.
11 (((16))) (18) "Low-income household" means a single person,
12 family, or unrelated persons living together whose adjusted income is
13 at or below eighty percent of the median household income adjusted
14 for household size, for the county where the household is located, as
15 reported by the United States department of housing and urban
16 development.
17 (((17))) (19) "Major transit stop" means:
18 (a) A stop on a high capacity transportation system funded or
19 expanded under the provisions of chapter 81.104 RCW;
20 (b) Commuter rail stops;
21 (c) Stops on rail or fixed guideway systems, including
22 transitways;
23 (d) Stops on bus rapid transit routes or routes that run on high
24 occupancy vehicle lanes;
25 (e) Stops for a bus or other transit mode providing actual fixed
26 route service at intervals of at least 15 minutes for at least five
27 hours during the peak hours of operation on weekdays; or
28 (f) Washington state ferry terminals.
29 (20) "Middle housing" means duplexes, triplexes, fourplexes,
30 attached and detached accessory dwelling units, cottage housing,
31 stacked flats, townhouses, and courtyard apartments.
32 (21) "Minerals" include gravel, sand, and valuable metallic
33 substances.
34 (((18))) (22) "Moderate-income household" means a single person,
35 family, or unrelated persons living together whose adjusted income is
36 at or below 120 percent of the median household income adjusted for
37 household size, for the county where the household is located, as
38 reported by the United States department of housing and urban
39 development.
p. 5 SHB 1782
 1 (((19))) (23) "Permanent supportive housing" is subsidized,
2 leased housing with no limit on length of stay that prioritizes
3 people who need comprehensive support services to retain tenancy and
4 utilizes admissions practices designed to use lower barriers to entry
5 than would be typical for other subsidized or unsubsidized rental
6 housing, especially related to rental history, criminal history, and
7 personal behaviors. Permanent supportive housing is paired with on-
8 site or off-site voluntary services designed to support a person
9 living with a complex and disabling behavioral health or physical
10 health condition who was experiencing homelessness or was at imminent
11 risk of homelessness prior to moving into housing to retain their
12 housing and be a successful tenant in a housing arrangement, improve
13 the resident's health status, and connect the resident of the housing
14 with community-based health care, treatment, or employment services.
15 Permanent supportive housing is subject to all of the rights and
16 responsibilities defined in chapter 59.18 RCW.
17 (((20))) (24) "Public facilities" include streets, roads,
18 highways, sidewalks, street and road lighting systems, traffic
19 signals, domestic water systems, storm and sanitary sewer systems,
20 parks and recreational facilities, and schools.
21 (((21))) (25) "Public services" include fire protection and
22 suppression, law enforcement, public health, education, recreation,
23 environmental protection, and other governmental services.
24 (((22))) (26) "Recreational land" means land so designated under
25 RCW 36.70A.1701 and that, immediately prior to this designation, was
26 designated as agricultural land of long-term commercial significance
27 under RCW 36.70A.170. Recreational land must have playing fields and
28 supporting facilities existing before July 1, 2004, for sports played
29 on grass playing fields.
30 (((23))) (27) "Rural character" refers to the patterns of land
31 use and development established by a county in the rural element of
32 its comprehensive plan:
33 (a) In which open space, the natural landscape, and vegetation
34 predominate over the built environment;
35 (b) That foster traditional rural lifestyles, rural-based
36 economies, and opportunities to both live and work in rural areas;
37 (c) That provide visual landscapes that are traditionally found
38 in rural areas and communities;
39 (d) That are compatible with the use of the land by wildlife and
40 for fish and wildlife habitat;
p. 6 SHB 1782
 1 (e) That reduce the inappropriate conversion of undeveloped land
2 into sprawling, low-density development;
3 (f) That generally do not require the extension of urban
4 governmental services; and
5 (g) That are consistent with the protection of natural surface
6 water flows and groundwater and surface water recharge and discharge
7 areas.
8 (((24))) (28) "Rural development" refers to development outside
9 the urban growth area and outside agricultural, forest, and mineral
10 resource lands designated pursuant to RCW 36.70A.170. Rural
11 development can consist of a variety of uses and residential
12 densities, including clustered residential development, at levels
13 that are consistent with the preservation of rural character and the
14 requirements of the rural element. Rural development does not refer
15 to agriculture or forestry activities that may be conducted in rural
16 areas.
17 (((25))) (29) "Rural governmental services" or "rural services"
18 include those public services and public facilities historically and
19 typically delivered at an intensity usually found in rural areas, and
20 may include domestic water systems, fire and police protection
21 services, transportation and public transit services, and other
22 public utilities associated with rural development and normally not
23 associated with urban areas. Rural services do not include storm or
24 sanitary sewers, except as otherwise authorized by RCW 36.70A.110(4).
25 (((26))) (30) "Short line railroad" means those railroad lines
26 designated class II or class III by the United States surface
27 transportation board.
28 (((27))) (31) "Stacked flat" means dwelling units in a two or
29 three story residential building on a residential zoned lot in which
30 each floor may be separately rented or owned and is a discrete
31 dwelling unit.
32 (32) "Townhouses" means dwelling units constructed in a row of
33 two or more attached units, where each dwelling unit is located on an
34 individual lot or parcel and shares at least one common wall with an
35 adjacent unit.
36 (33) "Urban governmental services" or "urban services" include
37 those public services and public facilities at an intensity
38 historically and typically provided in cities, specifically including
39 storm and sanitary sewer systems, domestic water systems, street
40 cleaning services, fire and police protection services, public
p. 7 SHB 1782
 1 transit services, and other public utilities associated with urban
2 areas and normally not associated with rural areas.
3 (((28))) (34) "Urban growth" refers to growth that makes
4 intensive use of land for the location of buildings, structures, and
5 impermeable surfaces to such a degree as to be incompatible with the
6 primary use of