HB 2113 — Concerning compliance with the housing element requirements of the growth management act.

(i)The Whetherdepartment amust citydevelop orguidance countyto hasassist submittedcities itsand housingcounties elementon foritems approvalto underinclude sectionin 2 of this act and, if so, the datestudy; of the application;

and(iii) (ii)The Whetherdenial of the departmentaffordable hashousing issueddevelopment, aor finalthe decisionapproval onof the city'saffordable orhousing county'sdevelopment applicationwith forconditions housingor elementrestrictions approvalthat and,have ifa so,substantial adverse impact on the natureviability of the decision,development or the datedegree thatof affordability of the decisiondevelopment, wasis issued,required andin theorder statusto orcomply outcomewith ofspecific anystate appeals.or federal law;

(c)(iv) The localaffordable governmenthousing compliancedevelopment listor mustproposed bedevelopment madesite publiclyis availablelocated onoutside an urban growth area, in a critical area, critical area buffer, or in an area where residential uses are not allowed by the department'sapplicable website.shoreline master program;

(8)(a) A city or county(v) subjectThe to the requirements in this section may not deny an affordable or moderate-income housing development,development or approveproposed an affordable or moderate-income housing development withsite conditionsis orlocated restrictionsin thatan havearea awhere substantialneither adverse impact on the viabilitylocal ofjurisdiction's thecomprehensive developmentplan ornor thezoning degreeordinance ofpermits affordabilityresidential ofor themixed development,uses. unless at least one of the following conditions is met:

(i) The city or county has received a final decision from the department, the growth management hearings board, or a court of competent jurisdiction determining that its housing development regulations comply with the laws and regulations identified in subsection (5) of this section by the deadlines in RCW 36.70A.130;

4 SHBHB 2113 (ii)(b) TheFor denial of the affordablepurposes or moderate-income housing development, or the approval of thethis affordablesubsection, or"affordable moderate-income housing developmentdevelopment" withmeans conditions or restrictions that have a substantialresidential adversehousing impact on the viability of the development orwhere: the degree of affordability of the development, is required in order to comply with specific state or federal law;

(iii) The affordable or moderate-income housing development or proposed development site is located outside an urban growth area, in a critical area, critical area buffer, or in an area where residential uses are not allowed by the applicable shoreline master program;

(iv) The affordable or moderate-income housing development or proposed development site is located in an area where neither the local jurisdiction's comprehensive plan nor zoning ordinance permits residential or mixed uses;

or (v) The county or city has adopted an impact fee exemption for low-income housing as authorized by RCW 82.02.060 and the conditions for approval of the affordable or moderate-income housing development were adopted by ordinance prior to the date a complete application was submitted for land use or building permits for the affordable or moderate-income housing development.

(b) For the purposes of this subsection, "affordable or moderate- income housing development" means a residential housing development where:

(iii) All of the units are for rental housing with monthly costs that do not exceed 30 percent of the monthly income of a household whose income is at 100 percent of the median household income adjusted for household size, for the county where the household is p.located, as reported by the United States department of housing and urban development;

5 SHB 2113 located, as reported by the United States department of housing and urban development;

NEW SECTION.

A new section is added to chapter 36.70A RCW to read as follows:

(1) A county or city required to complete a housing element under RCW 36.70A.070(2) may submit the housing element to the department for approval.

When submitted to the department for approval, the housing element becomes effective when approved by the department as provided in this section.

(2) Notice of intent to apply for approval.

(a) Not less than 120 days prior to applying for approval of a housing element, the county or city must notify the department in writing that it intends to apply for approval.

The department shall review proposed housing elements prior to final adoption and advise the county or city of the actions necessary to receive approval.

(b) The department may consult with other relevant state agencies in making its determination.

(c) The department shall publish notice in the Washington State Register that a city or county has notified the department of its intent to apply for approval and the department shall post a copy of the notice on the department website.

(3) Procedures for an application for approval.

(a) After taking final action to adopt a housing element, a city or county may apply to the department for approval.

A city or county must submit its application to the department within 10 days of taking final action.

(b) An application for approval must include, at a minimum, the following:

(i) A cover letter from the legislative authority requesting approval;

(ii) A copy of the adopted ordinance or resolution taking the legislative action or actions required to adopt the housing element;

p.

6 SHB 2113 (iii) A statement explaining how the adopted housing element complies with the provisions of this chapter;

and (iv) A copy of the record developed by the city or county at any public meetings or public hearings at which action was taken on the housing element.

(c) For purposes of this subsection, "action" and "meeting" have the same definitions as in RCW 42.30.020.

(4) Approval procedures.

(a) The department shall strive to achieve final action to approve or deny an application within 180 days of the date of receipt of the application.

(b) The department must issue its decision in the form of a written statement, including findings of fact and conclusions, and noting the date of the issuance of its decision.

The department's issued decision must conspicuously and plainly state that it is the department's final decision and that there will be no further modifications to the proposed housing element.

(c) The department must promptly publish its decision on the application for approval as follows:

(i) Notify the city or county in writing of its determination;

(ii) Publish a notice of action in the Washington State Register;

(iii) Post a notice of its decision on the agency website;

and (iv) Notify other relevant state agencies regarding the approval decision.

(5)(a) The department shall approve a housing element unless it determines that the housing element is not consistent with any of the following:

(i) The housing planning goal set forth in RCW 36.70A.020(4);

(ii) The housing element requirements set forth in RCW 36.70A.070(2);

(iii) The requirements related to transitional housing, permanent supportive housing, emergency shelters, and emergency housing in RCW 35.21.683 and 35A.21.430;

(iv) Any relevant rules adopted by the department;

(v) Any relevant state environmental policy act requirements in chapter 43.21C RCW;

or (vi) The county's or city's comprehensive plan or future land use map.

(b) Within six months of the effective date of this section, the department shall publish a defined set of minimum objective standards that jurisdictions must meet in order to comply with this section.

p.

7 SHB 2113 (6) The department's final decision to approve or reject a housing element may be appealed according to the following provisions:

(a) The department's final decision to approve or reject a housing element may be appealed to the growth management hearings board by filing a petition as provided in RCW 36.70A.290.

(b) A decision of the growth management hearings board concerning an appeal of the department's final decision to approve or reject a housing element must be based solely on whether or not the housing element complies with the laws and regulations identified in subsection (5) of this section.

Sec.

3.

Nothing in this subsection authorizes the board top. hear petitions alleging noncompliance based on a city or county's actions taken to implement the requirements of RCW 36.70A.680 and 36.70A.681 within an urban growth area;

5 HB 2113 to hear petitions alleging noncompliance based on a city or county's actions taken to implement the requirements of RCW 36.70A.680 and 36.70A.681 within an urban growth area;

(f) That the department's final decision to approve or reject a proposed greenhouse gas emissions reduction subelement or amendments by a local government planning under RCW 36.70A.040 was not in p.compliance with the joint guidance issued by the department pursuant to RCW 70A.45.120;

8 SHB 2113 compliance with the joint guidance issued by the department pursuant to RCW 70A.45.120;

or (h) That the department's final decision on any housing development regulations subject to the requirements in section 1 of this act or any housing element submittedcompliance to the department for approval under section 21 of this act is clearly erroneous.

(5) When considering a possible adjustment to a growth management planning population projection prepared by the office of financial management,p. the board shall consider the implications of any such adjustment to the population forecast for the entire state.

6 HB 2113 management, the board shall consider the implications of any such adjustment to the population forecast for the entire state.

4.3.

p.(1) All requests for review to the growth management hearings board shall be initiated by filing a petition that includes a detailed statement of issues presented for resolution by the board.

9 SHB 2113 (1) All requests for review to the growth management hearings board shall be initiated by filing a petition that includes a detailed statement of issues presented for resolution by the board.

(c)p. For local governments planning under RCW 36.70A.040, promptly after approval or disapproval of a local government's shoreline master program or amendment thereto by the department of ecology as provided in RCW 90.58.090, the department of ecology shall publish a notice that the shoreline master program or amendment thereto has been approved or disapproved.

7 HB 2113 (c) For local governments planning under RCW 36.70A.040, promptly after approval or disapproval of a local government's shoreline master program or amendment thereto by the department of ecology as provided in RCW 90.58.090, the department of ecology shall publish a notice that the shoreline master program or amendment thereto has been approved or disapproved.

(d) For purposes of this section, the date of publication for a housing element submittedand toany therelated departmentdevelopment forregulations subject to the approval underrequirements in section 21 of this act is the date the department publishes its approvalfinal decision indetermining thehousing Washingtonelement Statecompliance Registerin or on the department'sWashington website,State whicheverRegister. is later.

The(3) dateAll petitions relating to whether the department's final decision under section 1 of publicationthis foract p.is clearly erroneous must be filed within 60 days after the department publishes its final decision on housing element compliance in the Washington State Register.

10 SHB 2113 any housing development regulations subject to the determination of compliance requirements in section 1 of this act is the date the department publishes its final decision determining compliance in the Washington State Register or on the department's website, whichever is later.

(3) All petitions relating to whether the department's final decision on a housing element under section 1 of this act or any housing development regulations under section 2 of this act are clearly erroneous must be filed within 60 days after the department publishes its final decision in the Washington State Register or on the department's website, whichever is later.

5.4.

(2)p. Except as otherwise provided in subsection (4) of this section, the burden is on the petitioner to demonstrate that any action taken by a state agency, county, or city under this chapter is not in compliance with the requirements of this chapter.

8 HB 2113 (2) Except as otherwise provided in subsection (4) of this section, the burden is on the petitioner to demonstrate that any action taken by a state agency, county, or city under this chapter is not in compliance with the requirements of this chapter.

The board shall find compliance p.unless it determines that the action by the state agency, county, or city is clearly erroneous in view of the entire record before the board and in light of the goals and requirements of this chapter.

11 SHB 2113 unless it determines that the action by the state agency, county, or city is clearly erroneous in view of the entire record before the board and in light of the goals and requirements of this chapter.

(7) The housing element required by RCW 36.70A.070(2) takesand any related development regulations take effect as provided in section 2(1)1(1) of this actact. if submitted to the department for approval.

Any housing development regulations subject to the requirements in section 1 of this act take effect as provided in section 1(1) of this act.

6.5.

(b)(i) A city or town located within (([a])) a county planning under RCW 36.70A.040 may opt out of a full review and revisions of itsp. comprehensive plan established in this section if the city or town meets the following criteria:

9 HB 2113 its comprehensive plan established in this section if the city or town meets the following criteria:

and p.(D) Has provided the department with notice of its intent to participate in a partial review and revision of its comprehensive plan.

12 SHB 2113 (D) Has provided the department with notice of its intent to participate in a partial review and revision of its comprehensive plan.

(2)(a) Each county and city shall establish and broadly disseminate to the public a public participation program consistent withp. RCW 36.70A.035 and 36.70A.140 that identifies procedures and schedules whereby updates, proposed amendments, or revisions of the comprehensive plan are considered by the governing body of the county or city no more frequently than once every year.

"Updates"10 meansHB to2113 reviewwith andRCW revise,36.70A.035 ifand needed,36.70A.140 accordingthat toidentifies subsectionprocedures (1)and ofschedules thiswhereby section,updates, andproposed theamendments, deadlinesor inrevisions subsectionsof (4)the andcomprehensive (5)plan ofare thisconsidered sectionby orthe ingoverning accordancebody withof the provisionscounty ofor subsectioncity (6)no ofmore thisfrequently p.than once every year.

13"Updates" SHBmeans 2113to review and revise, if needed, according to subsection (1) of this section, and the deadlines in subsections (4) and (5) of this section or in accordance with the provisions of subsection (6) of this section.

((or)) (v) The adoption of comprehensive plan amendments necessary to enact a planned action under RCW 43.21C.440, provided that amendments are considered in accordance with the public participation program established by the county or city under this subsection (2)(a) and all persons who have requested notice of a comprehensive plan update are given notice of the amendments and an opportunity to comment;comment ;

or (vi) The adoption or amendment of anya housing element amendments necessary to receive an approval decision under section 2 of this act, and the adoption or amendment of any housingrelated development regulations asunder necessarythe toprocedures receiveset aforth determinationin of compliance under section 1 of this act.

However, after appropriate public participation a county or city may adopt amendments or revisions to its comprehensive plan that conform with this chapter whenever an emergency exists or to resolve an appealp. of a comprehensive plan filed with the growth management hearings board or with the court.

(3)(a)11 EachHB county2113 thatappeal designatesof urbana growthcomprehensive areasplan underfiled RCWwith 36.70A.110 shall review, according to the schedulesgrowth establishedmanagement inhearings subsectionsboard (4) and (5) of this section, its designated urban growth area or areas,with patterns of development occurring within the urbancourt. p.

14(3)(a) SHBEach 2113county that designates urban growth areas under RCW 36.70A.110 shall review, according to the schedules established in subsections (4) and (5) of this section, its designated urban growth area or areas, patterns of development occurring within the urban growth area or areas, and the densities permitted within both the incorporated and unincorporated portions of each urban growth area.

(v) The transportation element and capital facility plan element have identified the transportation facilities, and public facilities andp. services needed to serve the urban growth area and the funding to provide the transportation facilities and public facilities and services;

12 HB 2113 and services needed to serve the urban growth area and the funding to provide the transportation facilities and public facilities and services;

p.(vii) The areas removed from the urban growth area do not include urban growth or urban densities;

15 SHB 2113 (vii) The areas removed from the urban growth area do not include urban growth or urban densities;

(b)p. On or before June 30, 2025, and every 10 years thereafter, for Clallam, Clark, Island, Jefferson, Lewis, Mason, San Juan, Skagit, Thurston, and Whatcom counties and the cities within those counties;

(c)13 HB 2113 (b) On or before June 30, 2026,2025, and every 10 years thereafter, for Benton,Clallam, Chelan,Clark, Cowlitz,Island, Douglas,Jefferson, Franklin,Lewis, Kittitas,Mason, Skamania,San p.Juan, Skagit, Thurston, and Whatcom counties and the cities within those counties;

16(c) SHBOn 2113or before June 30, 2026, and every 10 years thereafter, for Benton, Chelan, Cowlitz, Douglas, Franklin, Kittitas, Skamania, Spokane, Walla Walla, and Yakima counties and the cities within those counties;

(7)(((a))) The requirements imposed on counties and cities under this section shall be considered "requirements of this chapter" under thep. terms of RCW 36.70A.040(1).

14 HB 2113 the terms of RCW 36.70A.040(1).

((or p.(ii) Demonstrating)) (b) The county or city demonstrates substantial progress towards compliance with the schedules in this section for development regulations that protect critical areas.

17 SHB 2113 (ii) Demonstrating)) (b) The county or city demonstrates substantial progress towards compliance with the schedules in this section for development regulations that protect critical areas.

or (c) The county or city demonstrates substantial progress towards compliance with the deadlines in this section for anya housing element and any related development regulations subject to the requirements in section 1 of this act.

For purposes of this subsection (7)(c), a county or city demonstrates substantial progress towards compliance if the county or city satisfies the requirements in section 11(2) (2) and (3) of this act related to the notice of intent to apply and the application procedures, but the department has not yet issued a final decision on the application.

AOnly countythose orcounties cityand iscities eligiblethat forhave grants,received loans,a pledges,final ordecision financialfrom guaranteesthe underdepartment thisdetermining subsectionthat untiltheir thehousing department,elements theand growthany managementrelated hearingsdevelopment board,regulations orcomply awith courtthe oflaws competentand jurisdictionregulations issuesidentified ain finalsection decision1(5) determiningof thatthis theact county'smay orreceive city'spreference housingfor developmentgrants regulationsor areloans notsubject into compliance with the lawsprovisions and regulations identified in section 1(5) of thisRCW act.43.17.250.

Only those counties and cities that have received a final decision from the department, the growth management hearings board, or a court of competent jurisdiction determining that their housing development regulations comply with the laws and regulations identified in section 1(5) of this act may receive preference for grants or loans subject to the provisions of RCW 43.17.250;

or (d) The county or city demonstrates substantial progress towards compliance with the deadlines in this section for any housing element submitted to the department for approval under section 2 of this act.

For purposes of this subsection (7)(d), a county or city demonstrates substantial progress towards compliance if the county or city satisfies the requirements in section 2 (2) and (3) of this act related to the notice of intent to apply and the application procedures, but the department has not yet issued a final decision on the application.

A county or city is eligible for grants, loans, pledges, or financial guarantees under this subsection until the p.

18 SHB 2113 department, the growth management hearings board, or a court of competent jurisdiction issues a final decision determining that the county's or city's housing element is not in compliance with the laws and regulations identified in section 2(5) of this act.

(i)p. A work plan has been approved for that watershed in accordance with RCW 36.70A.725;

15 HB 2113 (i) A work plan has been approved for that watershed in accordance with RCW 36.70A.725;

(9)(a) Counties subject to planning deadlines established in subsection (5) of this section that are required or that choose to plan under RCW 36.70A.040 and that meet either criteria of (a)(i) or (ii) of this subsection, and cities with a population of more than 6,000 as of April 1, 2021, within those counties, must provide to the p.department an implementation progress report detailing the progress they have achieved in implementing their comprehensive plan five years after the review and revision of their comprehensive plan.

19 SHB 2113 department an implementation progress report detailing the progress they have achieved in implementing their comprehensive plan five years after the review and revision of their comprehensive plan.

or (ii)p. The county has a population density of at least 75 people per square mile and an annual growth rate of at least 1.75 percent as determined by the office of financial management.

16 HB 2113 (ii) The county has a population density of at least 75 people per square mile and an annual growth rate of at least 1.75 percent as determined by the office of financial management.

p.(10) Any county or city that is required by RCW 36.70A.095 to include in its comprehensive plan a climate change and resiliency element and that is also required by subsection (5)(a) of this section to review and, if necessary, revise its comprehensive plan on or before December 31, 2024, must update its transportation element and incorporate a climate change and resiliency element into its comprehensive plan as part of the first implementation progress report required by subsection (9) of this section if funds are appropriated and distributed by December 31, 2027, as required under RCW 36.70A.070(10).

20(11) SHBFor 2113the (10)housing Any county or city that is required by RCW 36.70A.095 to include in its comprehensive plan a climate change and resiliency element and thatany isrelated alsodevelopment requiredregulations bysubject subsection (5)(a) of this section to review and, if necessary, revise its comprehensive plan on or before December 31, 2024, must update its transportation element and incorporate a climate change and resiliency element into its comprehensive plan as part of the firstapproval implementationrequirements progressin reportsection required1 by subsection (9) of this sectionact, ifa fundscounty areor appropriatedcity andis distributedin bycompliance Decemberwith 31,the 2027,deadlines asin requiredp. under RCW 36.70A.070(10).

(11)17 ForHB any2113 housing element submitted to the department for approval under section 2 of this act, a county or city is in compliance with the deadlines in subsection (5) of this section if it receives the department's approvalfinal decision determining housing element compliance within six months after its next comprehensive plan update due under this section.

For any housing development regulations subject to the requirements in section 1 of this act, a county or city is in compliance with the deadlines in subsection (5) of this section if it receives the department's final decision determining that its housing development regulations are in compliance with the laws and regulations identified in section 1(5) of this act within six months after its comprehensive plan update due under this section.

7.6.

p.(3) Adoption of ordinances, development regulations and amendments to such regulations, and other nonproject actions taken by a city or county consistent with the requirements of RCW 36.70A.680 and 36.70A.681 are not subject to administrative or judicial appeals under this chapter.

21 SHB 2113 (3) Adoption of ordinances, development regulations and amendments to such regulations, and other nonproject actions taken by a city or county consistent with the requirements of RCW 36.70A.680 and 36.70A.681 are not subject to administrative or judicial appeals under this chapter.

8.7.

2218 SHBHB 2113