APA Washington’s Legislative Committee:
Influencing Public Policy through the 2022 Legislative Process
The 68th Legislative Session is now into the second half of its short session, and the second round of cutoffs took place on February 15, 2022. Only bills that have passed out of the chamber from which the bill originated are still alive, except for bills that could remain alive if they are necessary to implement the budget.
Your Legislative Committee has discussed approximately 25 bills relevant to the chapter’s current Legislative Priorities and of interest to planners. Based on our reviews of bills, a consensus was reached on positions in support, neutral or opposed. All comment letters sent to the Legislature are available on the APA WA Chapter website.
The following is the status of bills we reviewed that are still moving forward as of February 16, 2022:
- E2SHB 1099 Improving the state's climate response through updates to the state's comprehensive planning framework. It is a significant bill and addresses one of the chapter’s highest priorities for this session. If passed, local jurisdictions would be required to incorporate a climate element into their Comprehensive Plan updates pursuant to the state’s planning framework. APA supported this bill over the last two sessions and weighed in via letters and testimony. The bill passed the House, is now in the Senate Committee on Housing and Local Government, and has until March 4 to pass in the Senate.
- 2E2SHB 1241 Planning under the Growth Management Act. This bill proposes to 1) increase the review and revision cycle for comprehensive plans under GMA from 8 to 10 years; 2) extend the deadline for the next update for King, Kitsap, Pierce, and Snohomish counties and their cities from June 30, 2024, to December 31, 2024; and 3) require certain counties and cities to submit an implementation progress report to the Department of Commerce 5 years after reviewing and revising a comprehensive plan, and, if any action needed to implement changes in the most recent comprehensive plan update has not occurred at the time of the report, the jurisdiction would be required to create a work plan to take any needed actions within 2 years. We reviewed and discussed the bill expressing support for the sections related to the update cycles for comprehensive plans and programs. The House passed the bill, which has been referred to the Senate Committee on Housing and Local Government.
- ESHB 1660 Concerning accessory dwelling units. This bill proposes to 1) require cities and counties to allow for the construction of accessory dwelling units (ADUs) within urban growth areas and require the removal of barriers to such construction, including certain identified regulations, by the time of the jurisdiction’s next comprehensive plan update; 2) remove exemptions in current law that would allow cities to require off-street parking for ADUs within a quarter-mile of a major transit center under certain circumstances; 3) prohibit homeowners’ associations, condominium associations, associations of apartment owners, common interest communities and restrictive covenants from actively or effectively prohibiting ADUs within an urban growth area. We reviewed and discussed the bill, and the chapter sent the House Local Government Committee a letter in general support of the bill along with recommendations regarding removing owner-occupancy requirements unless the ADU is being offered as a short-term rental and revisions to sections of the bill addressing previously adopted legislation by jurisdictions prohibiting off-street parking. The House passed the bill and it has been referred to the Senate Committee on Housing and Local Government.
- SHB 1717 Concerning tribal participation in planning under the growth management act. We reviewed and discussed this bill, and support improved coordination of tribal and local government planning. The bill passed the House and has been referred to the Senate Committee on Housing and Local Government. We prepared a letter to weigh in supporting this bill during the Senate hearings.
- HB 1769 Concerning community municipal corporations. The bill would sunset community municipal corporations, also known as community councils, which have had a disproportionate and undemocratic impact on their cities’ growth planning, including housing policies. The only two community councils which have the unique powers under the current law are the Houghton Community Council in Kirkland and the East Bellevue Community Council. We reviewed and discussed this bill, sent a letter in support during the House hearings, and we have prepared a letter for the Senate hearings. The bill passed the House and is in the Senate Committee on Housing and Local Government.
- ESHB 1753 Concerning tribal consultation regarding the use of certain funding authorized by the Climate Commitment Act. The bill requires 1) state agencies that administer funds from three accounts created pursuant to the Climate Commitment Act (the Climate Investment Account, the Climate Commitment Account, and the Natural Climate Solutions Account) offer consultation to federally recognized tribes whose tribal resources may be affected by the award of funds from the account; and 2) applicants for funding from certain Climate Commitment Act accounts engage in a preapplication process with all affected federally recognized tribes within the project area. We reviewed and discussed the bill, and the chapter sent a letter in support of the House Committee on Environment and Energy. The bill passed the House and is scheduled for executive session in the Senate Committee on Environment, Energy, and Technology.
- SHB 1880 Concerning housing benefit districts. The bill authorizes certain cities (Everett, Shoreline, Renton, and Tacoma) to each establish a housing benefit district for affordable housing and community development projects near public transit to develop a mix of low-income housing, middle-income housing, and for-profit housing. Authority is also provided for the districts to impose sales and use tax up to 0.025% as well penalties for violations of required affordable units determined via compliance audits. The taxes and penalties are required to be used to fund land acquisitions, infrastructure costs, and planning efforts for the housing. Proceeds from sales or leases would fund additional land acquisitions and housing development. The bill creates a Housing Benefits District Advisory Board and requires support provided by the Housing Finance Committee staff. We reviewed and discussed the bill, and sent a letter of support letter. The bill passed out of the House Committee on Housing, Human Services and Veterans and is scheduled for executive session in House Finance on February 17.
- SB 5042 Concerning the effective date of certain actions under the Growth Management Act. The bill addresses vesting and the long-standing loophole in the state’s growth and land use planning framework allowing sprawl and the resulting loss of natural resource and agricultural land converted to other classifications for development. We reviewed and discussed the bill, and the chapter, as in prior sessions regarding this issue, weighed in with a letter in support. The bill passed the Senate, is scheduled for a public hearing in the House Committee on Environment and Energy, and has until March 4 to pass the House.
- 2ESSB 5275 Enhancing opportunity in limited areas of more intense rural development. The bill, if passed would permit some intensification of Limited Areas of More Intense Rural Development (LAMIRDs). The chapter has historically been very cautious with bills that weaken protections for rural characters. We reviewed and discussed some concerns related to the bill as written. However, APA WA did not weigh in on the bill. The Senate passed the bill, and it is now scheduled for hearing in the House Committee on Local Government on February 18 at 8:00 AM and for an executive session on February 22 at 10:00 am.
- SSB 5593 Concerning Urban Growth Area boundaries. The bill amends the current standards for jurisdictions to revise a designated urban growth area or areas to include revisions based on patterns of development. We reviewed and discussed concerns related to the bill as written. However, APA WA did not weigh in on the bill. The Senate approved the bill on February 15, 2022, and is awaiting further action in the House.
- SSB 5626 Adding a climate resilience element to water system plans. The substitute bill requires the Department of Health to ensure water system plans for group A community public water systems serving 1,000 or more connections include a climate resilience element at the time of approval, beginning June 30, 2024. We reviewed and discussed this bill when it was introduced, and the chapter sent the Senate Committee on Environment, Energy, and Technology a letter in support of including climate realities when planning and managing public water systems along with a recommendation to require climate resiliency plans to be consistent with the local and regional GMA and related plans. The bill passed the Senate and has been referred to the House Committee on Environment and Energy.
The following bills we discussed and reviewed did not make the cut-off deadline to move beyond the chamber of their origin.
We continue to monitor the following bills:
- SB 5971 Concerning the comprehensive plan and implementation of the goals and requirements of the growth management bill. This bill, if passed, would 1) create a comprehensive plan update and implementation account to assist local governments in the preparation of or amendment to comprehensive plans and/or development regulations; 2) authorize the Department of Commerce to establish a safe harbor model ordinance that, once adopted by a city or county, is subject to a petition for review or appeal under limited circumstances; and define parameters in which the Department of Commerce may administer the comprehensive plan update and implementation funds as well as standards of performance for governments receiving funds. We discussed this bill; however, the bill did not move out of its original committee in the Senate. There is a potential for the bill to be resurrected as necessary to implement the budget.
- SB 5974 and its companion 2119 Addressing transportation resources. These companion bills set forth by the Washington State Legislature’s Democratic caucus propose $16 billion in funding transportation projects over the next 16 years, through 2038. In addition, there are a variety of changes proposed regarding fuel tax and transportation taxes and fees. We were briefed on this proposal by Chapter Lobbyist Michael Shaw on February 11th and will be reviewing the details of the transportation funding along with other budget bills in the next couple of Zoom meetings.
Last, but not least, in preparation for the next legislative session in 2023 the APA WA Legislative Committee is forming a subcommittee to discuss housing issues via Zoom meeting.
As always, if you want to participate in these discussions, or join the Legislative Committee, or if you have any comments on this LEAD bulletin or otherwise, please email us at:
[email protected].
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