MEMORANDUM

To: Honorable Mayor and Members of the City Council From: Brian J. Wilson, City Manager Date: March 15, 2019 Subject: City Manager’s Report

I. INTERNAL CITY INFORMATION

A. GFOA’s Certificate of Achievement for Excellence in Financial Reporting (Page 7)The City of Burien has received GFOA’s Certificate of Achievement for Excellence inFinancial Reporting for the Comprehensive Annual Financial Report (CAFR) for 2017.Notice by the Government Finance Officers Association (GFOA) was provided onFebruary 22, 2019, and represents the highest form of recognition in governmentalaccounting and financial reporting. This award is due to the leadership of FinanceDirector Eric Christensen and the members of our Finance Department.

B. Minor Changes to Public Works Staffing (Page 9)The Public Works Department has proposed minor changes to its vacant positions inorder to facilitate filling the positions. They have had two positions open for severalmonths and have been unable to find experienced candidates. However, they havefound candidates with lesser experience that they believe can meet the department’sneeds if minor changes are made to the job descriptions. Their proposal, which hasbeen approved by City Manager Wilson, is attached. This proposal modifies threepositions in the Public Works department. It maintains the budgeted number of FTEs,and results in a net reduction to the City. It also allows Public Works to potentiallypromote two internal candidates. Most importantly, it fills the vacant positions andbetter fills the needs of the department.

C. Letter to City of Federal Way from SCORE (Page 12)SCORE Administrative Board Chair Allan Ekberg sent the attached letter on March 7,2019, to Mayor Jim Ferrell, City of Federal Way, regarding their future participationin SCORE. The letter offers an opportunity to rescind their notice of withdrawal fromSCORE no later than April 1, 2019. The City of Federal Way was also notified thatSCORE would proceed with plans to build a financial model that excludes the Cityeffective December 31, 2019. Notice regarding their debt obligations were provided

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as well. Finance Director Christensen has been participating in the planning and modeling by SCORE owner agencies, along with the BERK Consulting firm. A final decision regarding the financial planning model developed is to be completed by the second quarter of 2019.

A link to the referenced SCORE Financial Alternatives Study by BERK Consulting is also included. https://www.dropbox.com/SCORE Financial Alternatives Study

D. StART 2/27/19 Recap (Page 13)The Sea-Tac Stakeholder Advisory Round Table (StART) meeting was held on February27, 2019. The Aviation Noise Working Group provided an update on their January 14,2019, meeting and solicited guidance from StART participants on items on theirWorking Group Action Agenda. StART members prepared for the inaugural FederalPolicy Working Group meeting scheduled for March 4, 2019. A discussion was heldon additional potential noise reduction initiatives, and members identified prioritiesfor 2019. A recap of the meeting is attached.

E. PSRC Regional Aviation Baseline Study (Page 15)The Puget Sound Regional Council (PSRC) has initiated a Regional Aviation BaselineStudy funded by a $1.6 million grant from the Federal Aviation Administration (FAA).This two-year study is intended to provide a clear picture of the region’s aviationsystem (King, Pierce, Snohomish, and Kitsap counties) and form the technicalfoundation for future decisions by regional and state leaders. An information sheeton the study is attached. A final report is due to be published in the fall of 2020. There are opportunities for public involvement in the study. Information is available on thePSRC website at www.psrc.org/aviation-baseline-study.

F. Department of Commerce Issues RPF for SeaTac Airport Study (Page 17)The Department of Commerce issued a press release regarding their request forproposal (RFP) to study the ongoing impacts of growing operations at Seattle-TacomaInternational Airport. RFP responses are due by March 15, 2019. Once proposals arereceived, the department will select a consultant through a competitive process forthe $500,000 contract. The press release and information regarding the study areattached.

G. Community Connectors Program Evaluation (Page 19)To help achieve the Council's goal of establishing new ways to better engage diversecommunities in civic conversations and activities, the City of Burien piloted in 2018 acommunity liaison program called Community Connectors. The program aimed toimprove outreach and engagement with communities historically underrepresentedin the civic process and decisions that impact their community. The City partneredwith members from the community to act as liaisons who could facilitatecommunication between the City and the community. The program ended in March2019, and currently there are not enough resources to renew the program. City staffare exploring grant options and other funding opportunities to continue the program.

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The Burien Connectors came from all ages and backgrounds and had deep connections in their community. Connectors represented seniors, youth, Latinx (both English and Spanish-speaking), African-American, and Nepalese/Bhutanese communities. The Connectors helped facilitate outreach and communications, and provided guidance to City staff on how to design and deliver comprehensive and effective outreach. They advised on survey design, marketing materials, and presentation design for outreach activities. In 2018, the Connectors helped raise awareness about the biannual community survey and the 2019-2020 budget process. In 2019, the Connectors helped deploy a senior needs assessment survey and helped gain community participation in the Urban Center Plan project. The City partnered with the nonprofits Global to Local and Forterra to implement this program. Attached is a report completed by Forterra in December 2018 evaluating the effectiveness of the program from the Connectors program and an addendum to the report detailing the outputs from the Connectors program.

H. February 2019 Permit Activity Report (Page 30)Attached are the monthly reports for Construction Permits Issued and ConstructionPermit Applications Received during the month of February 2019. Included in thereports are information regarding tenant improvements and major projects.

Construction Permits Issued:The City issued 194 permits in February 2019 which is 14 less than last month and 46less than those reported in February 2018. The total project valuation of $2.1 millionis $.9 million less than reported last month and $.5 million less than the valuationreported in February 2018.

Construction Permit Applications Received:The City received 205 permit applications in February 2019 which is 12 less than lastmonth and 38 less than those reported for February 2018. The total project valuationof $10.3 million is $3.7 million more than reported last month and $.9 million morethan reported in February 2018.

Tenant Improvements:Tenant Improvements issued for February include Burien Nissan, Khali’s Sweets,Panattoni-Seattle Gateway 2, Marlaina’s Mediterranean Kitchen and 4 othermiscellaneous improvements. Tenant Improvement applications were received from15640 Apartments, Snack Gyro, Fox Cove Apartments, Thai U Up and 3 other tenantimprovements for various work this month.

Major Projects:Permit applications were received in February for Highline Self Storage ($7.1m), Park-N-Jet ($1.5m) and 2 new single family residences ($625k). 2 permits for Panattoni-Seattle Gateway ($1.1m) were issued this month.

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II. COUNCIL REVIEW/ACTION REQUESTED

A. Council Letter - Port of Seattle Support for Sea-Tac Airport Impacts Study (Page 36)City Council approved a letter to Port of Seattle commissioners regarding the Sea-TacAirport Impacts Study at the March 4, 2019, City Council meeting. The letter isattached for Councilmember signatures.

B. Request by Councilmember Marx for Council Support of HB 1923, SB 5812/HB 1797(Housing Affordability) (Page 38)Councilmember Marx has requested Council support of the above legislationaddressing housing availability and affordability. A draft letter of support is attached,along with the original (and substitute) bills.

C. Councilmember Marx Request for Council Resolution – Resolution to OpposeIncreased Truck Size and Weight (Page 165)Councilmember Marx is requesting Council consider the attached resolution opposingany increase in truck size and weight, which would create a strain on ourinfrastructure, ultimately causing serious safety and funding issues. A sample letterof opposition is also attached.

D. Request by Councilmember Tosta for Council Support of E2SSB5116 (Page 168)Councilmember Tosta is requesting that Council consider joining her in signing on tothe attached letter in support of E2SSB5116 (100% Clean by 2045). This lettercommunicates the importance of not weakening any further provisions on the bill and ensures the bill remains strong so it reaches it intended goals of reducing carbonemission from the electricity sector. It is not proposing anything new.

More can be read about E2SSB5116 on the Washington State Legislature websitehere: https://app.leg.wa.gov/billsummary?BillNumber=5116&Year=2019

E. Proclamation - Affordable Housing Week (Page 170)Deputy Mayor Bell is sponsoring a proclamation (attached) to declare May 13-17 asAffordable Housing Week.

F. Proclamation – Peace Officers Memorial Day and National Police Week (Page 171)Councilmember Edgar is sponsoring a proclamation (attached) declaring May 15,2019 as Peace Officers Memorial Day and May 13-19, 2019, as National Police Weekin the City of Burien.

G. Proclamation - Sexual Assault Awareness Month (Page 172)Sound Cities Association (SCA) has submitted a request to the City for considerationto proclaim April as Sexual Assault Awareness Month. A sample proclamation isattached.

4

H. Proclamation - Burien Pride CommitteeThe Burien Pride Committee has submitted a request to the City for its considerationto proclaim June 2019 as Burien Pride Month in the City of Burien.

I. Lakeview Park Playground Project Ribbon Cutting CeremonyTo celebrate the completion of the Lakeview Park Playground and Pathway projectwe will be hosting a Ribbon Cutting ceremony on April 17, 2019, at 1:00 p.m. atLakeview Park. This project was funded through the King County CommunityDevelopment Block Grant Program (CDBG), with design provided by the LA Studio atBlueline, Construction by Nordvind Company, with the play equipment suppliedthrough Play Creation located in Burien.

III. COUNCIL UPDATES/REPORTS

A. Business and Economic Development Partnership (BEDP) (Page 173)The December 14, 2018, and the January 11, 2019, BEDP minutes are attached forCouncil’s information, as well as the January 11, February 8, and February 22, 2019,BEDP agendas.

B. February Federal Legislative Update (Page 186)The February Federal Legislative Update, provided by Mike Doubleday, is attached for Council’s review.

C. Week 8 Legislative Report (Page 193)Attached is the week 8 legislative report from Government Relations Specialist LysetCadenda.

D. Meeting Report: March 2019 from Councilmember Nancy Tosta (Accompanied byCouncilmember Bob Edgar) (Page 210)Attached is the meetings report from Councilmember Nancy Tosta from herattendance at the National League of Cities Conference in Washington, DC on March13, 2019.

E. Letter of Support for Kennedy Catholic High School (Page 212)City Manager Wilson and Economic Development Manager Andrea Snyder issued aletter of support (attached) for Kennedy Catholic High School’s funding application tothe Norcliffe Foundation for improvements to campus facilities.

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IV. NOTICES: (PAGE 214)

The following (attached) Notices were published: • Public Hearing Notice: The City of Burien will hold a public hearing on

Monday, March 18, 2019, for the purpose of receiving public comments onOrdinance No. 704, establishing a six-month moratorium on the filling ofapplications for licenses, permits, and approvals for any Enhanced ServicesFacility or Comparable Business in the City.

• Notice of Application: PLA 19-0168; Robert Moore; Re-Zone – Change ZoningMap designation from RS-7,200 Single Family to RM-12, Multi-Family.

• Notice of Application: PLA 19-0331; Jillian Middleton; Type 1 Land Useapplication for a Shoreline Variance request to construct a new deck additionto an existing single-family residence located adjacent to Puget Sound. Theproposed new deck will project into the shoreline buffers.

• Notice of Decision: PLA-18-2116, Vinh Vuong, TP Homes, LLC; Approval ofType 1 Land Use, subject to conditions.

6

Government Hnancc Officers Association

203 North LaSalle Street, Suite 2700 Chicago, Illinois 60601-12 I 0 312.977.9700 Jax: 3 I 2.977.4806

February 22, 2019

Brian Wilson

City Manager

City of Burien

400 SW 152nd Street

Suite 300

Burien, WA 98166

Dear Mr. Wilson:

RECEIVED

MAR O 1 2019

City of Burien

We are pleased to notify you that your comprehensive annual financial report (CAFR) for the

fiscal year ended 2017 qualifies for GFOA's Certificate of Achievement for Excellence in

Financial Reporting. The Certificate of Achievement is the highest form of recognition in

governmental accounting and financial reporting, and its attainment represents a significant

accomplishment by a government and its management.

When a Certificate of Achievement is awarded to a government, an Award of Financial Repo1iing

Achievement (AFRA) is also presented to the individual(s) or department designated by the

government as primarily responsible for its having earned the Ce1iificate. This award has been

sent to the submitter as designated on the application.

We hope that you will arrange for a formal presentation of the Certificate and Award of Financial

Reporting Achievement, and that appropriate publicity will be given to this notable achievement.

A sample news release is enclosed to assist with this effort.

We hope that your example will encourage other government officials in their efforts to achieve

and maintain an appropriate standard of excellence in financial reporting.

Sincerely,

Michele Mark Levine

Director, Technical Services Center

7

®

GOVERNMENT FINANCE OFFICERS ASSOCIATION

NEWS RELEASE

FOR IMMEDIATE RELEASE

02,'22/2019 For more information, contact:

Michele Mark Levine, Director/TSC

Phone: (312) 977-9700

Fax: (312) 977-4806

E-mail: mlevine@gfoa.org

(Chicago, Illinois)--The Certificate of Achievement for Excellence in Financial Reporting has

been awarded to City of Burien by Government Finance Officers Association of the United States and Canada (GFOA) for its comprehensive annual financial report (CAFR). The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management.

An Award of Financial Repo1ting Achievement has been awarded to the individual(s) or department designated by the government as primarily responsible for preparing the award-winning CAFR.

The CAFR has been judged by an impartial panel to meet the high standards of the program, which includes demonstrating a constructive "spirit of full disclosure" to clearly communicate its financial story arid motivaU! potential users an<l user group� to r_ead the CAFR.

Government Finance Officers Association. is a major professional association servicing the needs of nearly 19,000 appointed and elected local, state, and provincial-level government officials and

other finance practitioners. It provides top quality publications, training programs, services, and products design.ed to enhance the skills and performance of those responsible for government

finance policy and management. The association is headquartered in Chicago, Illinois, with

offices in Washington, D. C.

203 NORTH LASALLE STREET, SUITE 2700, CHICAGO, ILLINOIS 60601-1210 8

Memorandum

To: Brian J. Wilson, City Manager

City of Burien 400 SW 152nd Street Suite 300 Burien, WA 98166-1911

From: Maiya I. Andrews, Public Works Director CC: Cathy Schrock, Administrative Services Director

Eric Christensen, Finance Director Date: March 4, 2019

Re: Minor Position Changes in Public Works

P 206.241.4647 F 206.248.5539 burienwa.gov

-

• a

Burien

Via this memo, I am requesting approval to make some minor staffing changes in the Public Works Department, with no change to the number of FTE's and no net increase to the existing budget. We have been seeking a new "Civil Engineer II" to manage capital projects for seven months. While we have found many good entry level candidates, we have not found a candidate with good capital project management experience. It is clear there is a slim candidate pool for experienced engineers at this time and we need to consider alternatives for growing and mentoring employees internally. Subsequently, we began advertising for a new "Right of Way Inspector" to replace Rick Atkinson who retired. In the process of interviewing for that position, we found a candidate that has a significant amount of capital project management experience, but does not meet the licensing requirements for a "Civil Engineer II". Furthermore, as we have evaluated our needs for the "Right of Way Inspector" position, we have identified an internal candidate that could offer additional benefits in organizing and improving the right of way permitting process.

Based on the pool of candidates available and the description of tasks needed, I propose the following plan to fill our vacant positions.

1. Maintain the existing "Civil Engineer II" position in the budget, currently at a Grade 680

in the salary scale. However, I recommend under filling that position with a "CivilEngineer-Journey Level" at a Grade 640. This lower level position was previously usedin the 2015-16 budget for a similar purpose - to hire an unlicensed engineer who wouldmeet the needs of the position and would be a great fit for Burien, but who did notcurrently have a PE license. We believe we have found a good candidate with goodproject management experience that can offer a significant benefit to our departmentworking under the supervision of a licensed engineer - in this case Deputy DirectorRobin Tischmak.

P_age I 1

9

2. Modify the job description for the "Right of Way Inspector". The job description would

be expanded to include both street and stormwater inspections and also would include

the mentoring of a lower level inspector (likely one of the candidates we have

interviewed that has less experience and will need additional mentoring). This change

provides several great benefits to the City. First, it gives us a rare opportunity to

promote an employee within, in this case the current "Stormwater Inspector" would

become the new "Engineering Inspector II". Second, it allows us to use the skill set and

expertise of the current employee to improve and streamline our permit processes. In

his current position as "Stormwater Inspector", Brian Tornow has independently done

amazing things to improve and streamline the processes on the stormwater side of our

department, and we see huge advantages to having him develop similar improvements

for the right of way permit process as a whole. Third, it helps us fill our vacant positions,

which has proven to be an increasingly difficult task. And fourth, it allows us to hire a

slightly less experienced inspector to fill Mr.Tornow's vacated "Stormwater Inspector"

position. Mr. Tornow would be paid an additional 5% for out of class pay until his job

description and salary are evaluated in the upcoming salary survey process. Then his

new job description and its associated salary range will be effective January 1, 2020.

3. Modify the job description for the "Stormwater Inspector" with a reduction in pay of 5%

from a Grade 560 to a Grade 540. I would propose changing the description to be an

"Engineering Inspector I" and including both street and stormwater tasks under this

position as well. The new job description would require less experience and would

include mentorship and direction from the "Engineering Inspector II".

Once these positions are filled, I plan to meet with the entire public works team to reassess the

general assignment of duties related to intake, review, processing and inspection of right of

way permits. In Mr. Atkinson's absence, our Department Assistant has assumed additional

right of way inspector duties such as taking in permit applications, managing bonds and

insurance, obtaining missing information, and investigating and answering customer questions.

I believe this change has already resulted in improved processes and increased productivity for

the inspector positions and better service for our customers, and we may want to make these

changes permanent. Once we solidify any changes to the Department Assistant position

description, I recommend that the position be reevaluated at that time.

The name changes from right of way and stormwater inspectors to engineering inspectors is

intended to more accurately describe the combined work of both jobs, which includes

inspection of both street and stormwater facilities, and which can be both in and out of the

right of way. The funding sources are modified to reflect the revised job descriptions - but the

total cost to each funding source for the combined two positions remains the same. A

summary of the changes described is provided below.

Page I 2

10

Current New Current Funding New Funding

Current Title New Title Pay Pay

Grade Grade Source Source

Civil Engineer - 70% Street Civil Engineer II 680 640 No Change

Journey Level 30%SWM

Right of Way Engineering 80% Street 60%SWM 560 580

Inspector Inspector II 20%SWM 40% Street

Stormwater Engineering 60%SWM 560 540 100%SWM

Inspector Inspector I 40% Street

Approved by: Date:

&

Page I 3

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20817 17th Avenu e Sou th, Des Moin es, Wash ington 98198

SOUTH CORRECTIONAL ENTITY Serving the Cities of: Auburn, Burien, Des Moines, Federal Way, Renton, SeaTac, and Tukwila

March 7, 2019 Dear Mayor Ferrell, As the Chair of the Administrative Board of the South Correctional Entity (SCORE), I am writing to extend the City of Federal Way (City) the opportunity to rescind the City’s notice of withdrawal from SCORE dated September 5, 2018. As you know, the Administrative Board and SCORE staff are in the process of revising the rate model, budget and policies for SCORE operations. Following receipt of the City’s notice of withdrawal, the SCORE Administrative Board assembled a sub-committee of Member City leaders and contracted with BERK Consulting (BERK) to provide a comprehensive study of financial alternatives for SCORE. The sub-committee was charged with examining alternatives to: (1) reduce costs, (2) increase revenues, and/or (3) restructure the allocation of funding obligations among agencies. This group worked together to identify several financial scenarios. These scenarios range in a projected savings of 6% to 20%; benefitting all Member Cities. On behalf of the SCORE Administrative Board, I want to thank the City for providing representation at the sub-committee meetings for the first phase of this study, which concluded in February of this year. A copy of the final BERK study is attached for your records. The SCORE Executive Team will continue its work to reduce Member City operational costs and increase revenues and has already made significant progress on both fronts. The SCORE Finance Advisory Committee is also exploring options relating to refinancing outstanding capital obligations for overall debt service savings, which all Member Cities will benefit from if it continues to participate in the joint refunding. The SCORE Executive Team and Finance Advisory Committee are committed to continuing to work with BERK, other SCORE consultants and the Member Cities to develop a predictable funding model that is sustainable to all Member Cities. With the conclusion of the first phase of BERK’s work with SCORE, the Administrative Board hopes the City has more information to fully consider its decision to withdraw as a Member City of SCORE. In order to effectively plan for SCORE’s financial future, the Administrative Board requests that the City submit a request to rescind its notice of withdrawal to the Administrative Board no later than April 1, 2019. Further, the Administrative Board requests that the City confirm no later than April 1, 2019, whether the City will issue its own debt in 2019 to repay its capital obligation to SCORE. If the City does not submit such a response by April 1, 2019, SCORE will proceed with building a financial model that excludes the City as a Member City (effective December 31, 2019) and with the understanding that the City will fully participate in any pooled bond refunding of outstanding SCORE debt, unless other arrangements are made. Again, on behalf of the Administrative Board I wish to thank the City for its participation in the BERK study and for its past contributions to SCORE. Sincerely,

Allan Ekberg Mayor, City of Tukwila SCORE Administrative Board Chair cc: Federal Way City Council SCORE Member Cities

12

StART SEA-TAC STAKEHOLDER ADVISORY ROUND TABLE

1StARTenhancescooperationbetweenthePortofSeattleandtheneighboringcommunitiesofSea-TacAirport

DRAFT February 27, 2019 Recap

The Sea-Tac Stakeholder Advisory Round Table (StART) meeting took place on February 27, 2019 with a focus on recapping the Aviation Noise Working Group meeting, previewing the upcoming Federal Policy Working Group meeting, discussing additional potential noise reduction initiatives, and discussing StART’s 2019 priorities. This voluntary, advisory roundtable, convened by Seattle-Tacoma International Airport Managing Director Lance Lyttle, is a venue for the Port of Seattle to engage with the communities of SeaTac, Burien, Des Moines, Normandy Park, Tukwila and Federal Way. Representatives from Delta Air Lines, Alaska Airlines, and Lynden Transport are also members. The Federal Aviation Administration (FAA) participates as a non-member.

The Airport Managing Director welcomed the group and thanked StART members and members of the public who attended the recent StART briefing before the Port of Seattle Commission. He also thanked Joe Scorcio who is retiring from his position at the City of SeaTac and welcomed Carl Cole, the new SeaTac City Manager and representative on StART. The facilitator handed out copies of the recently finalized 2018 StART Annual Report.

The Aviation Noise Working Group (Working Group) reported on their January 14 meeting and solicited guidance and questions from StART participants on a number of items on their Working Group Action Agenda. The summary, provided by Stan Shepherd, Port of Seattle, focused on the status of a number of the Working Group’s recommended initiatives including:

• The draft updated Runway Use Agreement has been prepared and provided to the FAA for review and response;

• Work related to identifying the Late Night Noise Limitation Program’s noise thresholds is almost complete;

• A letter is in process of being drafted to airlines who operate A-320 aircraft, requesting information on when modifications will be made to address the A-320 whistling noise

Eric Schinfeld, Port of Seattle, previewed the membership and possible areas of focus for the new StART Federal Policy Working Group. He stated that there will be a number of congressional offices represented in the group. The inaugural meeting will be held on March 4.

A focus of the meeting was a presentation on the Glide Slope Analysis that had been a regular topic of discussion at StART Aviation Noise Working Group meetings. The Working Group brought forth a recommendation to adjust Runway 34R’s glideslope and the StART members confirmed the recommendation. Mark Coates, Port of Seattle, gave a presentation on the early stages of an airfield taxiing noise reduction concept. The FAA, in partnership with the airlines and Port, is exploring a plan to

<<CM Rept - 1>>13

StART SEA-TAC STAKEHOLDER ADVISORY ROUND TABLE

2StARTenhancescooperationbetweenthePortofSeattleandtheneighboringcommunitiesofSea-TacAirport

minimize the starting and stopping of arriving aircraft by designating a different taxiing approach to the terminal. This initiative could contribute to reduced noise as well as create other efficiencies. If the analysis looks promising, the FAA is considering piloting a one month experiment to test the concept in the spring. StART members then held small group discussions to begin to identify priorities for 2019. The public also provided comments on priorities. The comments collected will be consolidated and utilized to develop areas of focus for StART for 2019. Public comment was heard. The next meeting is scheduled for April 24 at 6 p.m., at the Conference Center at Seattle-Tacoma International Airport. The public is invited to attend. StART meeting documents may be found on the Port of Seattle website.

<<CM Rept - 1>>14

Aviation plays a critical role for people and businesses in the growing central Puget

Sound region, which currently houses 29 airports of varied sizes and functions. Along

with the region's population and job growth, air passenger traffic and cargo volumes

have reached record levels and are expected to increase.

Continued, coordinated planning is essential for ensuring that the regional airport system can support existing and future demand. As part of these efforts, the Puget Sound Regional Council has launched the Regional Aviation Baseline Study, funded by a $1.6 million grant from the Federal Aviation Administration.

What is the purpose of this study?

This two-year study is intended to provide a clear picture of the region's aviation system (King, Pierce, Snohomish and Kitsap counties) and form the technical foundation for future decisions by regional and state leaders.

The objectives of the Regional Aviation Baseline Study are to: • Identify the roles of each airport and the aviation activities within the region.• Provide a regional perspective on how aviation activities at airports in the study area

interact with each other, the community and the broader economy.• Obtain input from stakeholders about their needs and build a common understanding

about aviation and airspace constraints.• Identify future aviation needs within the central Puget Sound region and set the stage for

future planning.

What will the study cover?

The Regional Aviation Baseline Study will support future planning efforts by collecting information about:

• Existing conditions and recent trends in aviation, including the roles of each airport and theaviation activities within the region.

• Economic contributions of regional aviation sectors and the factors that affect differentmarket sectors including: commercial aviation, air cargo, manufacturing and the military.

• A conceptual level of analysis of primary airspace flows and relevant airspace constraints.It will analyze whether the current airspace system can deliver future demand scenarios.

• Relationships and dependences between airports within the region and with the NationalAirport System.

• Landside access to the region's airports and adequacy to meet future demand.• Community perspectives, concerns, issues and impacts gathered through a robust

stakeholder engagement process.

15

What is the timeline?

Winter-Spring 2020: Define and evaluate potential scenarios for accommodating future aviation demand.

I Fall 2020: Publish final report.

Airports in the Central Puget Sound Region

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How can I get involved?

PSRC is committed to transparency throughout the study process, with ongoing

opportunities for stakeholder and public input. Outreach approaches

will include: • Digital communication updates

at study milestones.• Ongoing in-person briefings.• Technical workshops during

each phase of the study .• Two rounds of focus groups

and a public opinion survey in

winter/spring 2020.• An online open house and

regional public meetings in allfour counties in spring 2020.

To learn more about the study, sign up for email updates, or

request a briefing for your organization, visit the project website at: www.psrc.org/aviation­baseline-study

1011 Western Avenue, #500 • Seattle, WA 98104-1035 � 206-464-7090 • psrc.org • February 2019

16

STATE OF WASHINGTON

DEPARTMENT OF COMMERCE 1011 Plum Street SE PO Box 42525 Olympia, Washington 98504-2525 (360) 725-4000

March 4, 2019 Contacts: Penny Thomas, Commerce Communications, 206-256-6106

Gary Idleburg, Growth Management Services, 360-725-3045

Department of Commerce seeks research consultant for new SeaTac Airport impacts study $500K contract Request for Proposal deadline is March 15.

OLYMPIA, Wash. – The Washington Department of Commerce request for proposal (RFP) to study the ongoing impacts of growing operations at Seattle-Tacoma International Airport closes on March 15, 2019. The department will then select a consultant through a competitive process for the $500,000 contract. Find more information and download the full RFP on the Commerce website. Seattle-Tacoma ranks among the fastest-growing airports in the U.S., with operations up 23 percent between 2014 and 2016, and continuing to climb. The state Legislature requested the study last year and required Commerce procure a consultant (ESSB6032) to evaluate impacts on quality of life associated with Sea-Tac air traffic noise, public health, traffic, congestion, and parking in residential areas, pedestrian access to and around the airport, public safety and crime within the cities, effects on residential and non-residential property values, and economic development opportunities. Commerce has been working since last summer with staff and public representatives of Burien, Des Moines, Federal Way, Normandy Park, SeaTac and Tukwila, as well as state legislators to develop a statement of work. “In 2009 the state projected that by 2030 we would have 30 million passengers traveling through SeaTac. In 2018, we reached 50 million. We are one of the fastest growing airports in the nation, and it is important we understand impact of that growth on our aviation systems and communities. Along with local governments and community leaders, we are seeking to better understand what the effects of a growing commercial airport may have on our region and what opportunities may exist to mitigate negative impacts,” said Rep. Tina Orwall (D-33). “A great collaboration of community leaders and concerned citizens have come together to better understand the impacts of SeaTac on their communities. This effort will provide local leaders and the Legislature data necessary to better understand these impacts,” Mark Barkley, Commerce assistant director, local government division.

The Federal Aviation Administration (FAA) is working with Sea-Tac and other busy airports around the country to research and implement the next generation air traffic management system, or NextGen. Through innovative new technologies and procedures, including improved infrastructure, enhanced air traffic control, Performance Based Navigation (PBN) and better digital communications, NextGen aims

17

to help balance increased demand and improve efficiency, safety and resiliency of U.S. national airspace. Read more about specific projects and FAA community involvement around Sea-Tac.

### About Commerce

Commerce is the lead state agency charged with enhancing and promoting sustainable community and economic vitality in Washington. For more information, visit www.commerce.wa.gov. For information on locating or expanding a business in Washington, visit www.choosewashington.com.

Subscribe to Commerce press releases by email. You may unsubscribe at any time.

18

Community Connectors Program Participation and Output Data:

;J City of Burien 2018 ,'

This report details participation and output data from the 2018-March 2019 pilot of the Burien Community Connectors

program.

Overview

The Community Connectors were trained in City of Burien processes and structure, and then assigned to work on four

projects throughout the pilot year. Funding for this program came from three budget areas: City Manager, Professional

Services, King County Seniors, Veterans and Human Services Levy grant, and Burien Planning department.

A few key numbers about the Connectors program:

• There were seven total Connectors. Two additional Connectors were brought in at the end of the program.

• Connectors represented several demographics including youth, Latinx, elder, African-American, Nepalese­

Burmese, and young adult (early 20s).

• Three left due to lack of interest, moving out of the area, and competing priorities (school and work).

• Connectors worked on four projects for the City. Those projects included: Community Survey, Community

engagement for the 2019-2020 budget, assistance with a senior needs assessment survey, and assistance with

the Urban Center Plan community engagement.

• Connectors brought in 131 surveys.

• Connectors brought 25 people to public meetings.

• Seven Connectors graduated with the program with a greater understanding and interest in City of Burien

processes.

Orientation and Training

City staff provided Connectors with four hours of training on community engagement and City of Burien processes and

structure. Five Connectors participated in this training.

2018 Community Survey

The Connectors were asked to help recruit more participation in the community survey, especially from their respective

language groups and communities. Five Connectors helped connect Burien residents to the survey. The Connectors

received survey training from Kone Consulting.

• A total of 27 paper surveys were turned in

• A total of 14 online surveys were referred by Connectors

2019-2020 Budget Community Engagement

Connectors were tasked with bringing people to one of the three public meetings held about the 2019-2020 budget.

One more Connector, representing the elder residents, was added at this time, bringing the total number of Connectors

to six.

• A total of five people were brought to the budget community meetings by a Connector.

400 SW 152nd St., Suite 300, Burien, WA 98166

Phone (206) 241-4647 • Fax (206) 248-5539 • burienwa.gov 19

/J

� Community Connectors Program Participation and Output Data: ,/�· City of Burien 2018 1"

VSHSL Senior Survey Needs Assessment

Burien

Parks, Recreation and Cultural Services department received grant funds from the King County Veterans, Seniors and Human Services Levy to deliver improvements to their services for seniors. Connectors were asked to help with a survey assessing the needs of seniors in Burien, with a particular focus on low income and people of color. Connectors received two hours of training on the project and survey process. Five Connectors participated in this project. Another Spanish­speaking Connector was added at this time, but another two more left.

• The Connectors secured 90 responses to this survey.

Urban Center Plan

Connectors were asked to help recruit Burien residents to come to the Urban Center Plan Community Visioning workshop held on March 6, 2019. This was the final activity planned for the Community Connectors pilot program.

• Connectors brought a total of 20 people to the meeting, including 10 from the Latino community and 10 fromthe senior community.

Evaluation

All Connectors participated in a year-end celebration and evaluation. See the report from Forterra for detailed evaluation of the program from the perspective of the Community Connectors.

400 SW 152nd St., Suite 300, Burien, WA 98166 Phone (206) 241-4647 • Fax (206) 248-5539 • burienwa.gov 20

FORT&RRA

COMMUNITY CONNECTORS

PROGRAM

2018 EVALUATION REPORT

CITY OF BURIEN

21

Contents

Program Background .............................................................................................................. 2

Overview of 2018 Burien Pilot Program ................................................................................. 2

Roles ......................................................................................................................................... 3

Feedback from Connectors .................................................................................................... 4

Recommendations for Future Connector Projects ............................................................... 5

APPENDIX: Connector Job Description ............................................................................... 6

1

22

/ /

Evaluation Report

In recognition of the City of Burien's diverse population and desire for inclusion of all communities in

city planning processes, the City piloted a Community Connector program in 2018. This report

consists of an overview and evaluation of the program structure during the pilot year.

Program Background

In 2012, Forterra worked with the City of Tukwila to research and develop a programmatic model

that would help the City achieve more inclusive outreach and engagement. Over the course of

researching models and programs, Forterra learned about Global to Local's Community Health

Worker (CHW) program, which engages community leaders to develop and promote culturally

tailored resources that support healthy behaviors in their communities. Recognizing the

effectiveness of the CHW model in building community-led engagement, the City of Tukwila,

Forterra, and Global to Local partnered in 2013/2014 to develop and implement the initial

Corrn11unily Connecto1·s community liaison program, an award-winning progr;:im th;:it h;:is since

engaged Connectors on a series of projects and trainings. The two nonprofit organizations have

partnered to employ the program model for specific projects with the City of SeaTac, urban

agriculture projects in South King County, and urban forestry efforts in the Cities of Burien, SeaTac,

and Des Moines. In 2018, the City of Burien retained the nonprofit partners to develop a Connectors

program for its residents.

Overview of 2018 Burien Pilot Program

In 2018, the City of Burien and partners designed and activated its pilot Community Connectors

program, recruiting and working with community members who served as liaisons between the City

and various communities to share information and dialogue. Liaisons for the Community Connector

program are "bridge-builders" who have the skills and knowledge to facilitate positive

communication between the City of Burien and its historically underrepresented communities. The

Connectors assisted the city to conduct outreach and engagement and gather information in a

manner suited to communities represented by the Connectors. These included, but were not limited

to, communities of color, immigrant and refugee populations, youth, seniors, and people living with

disabilities.

Over the course of the pilot program, Community Connectors provided:

• Outreach and engagement for specific topics, citywide community survey and outreach and

engagement on the 2019-2020 City budget.

• Feedback from community members on the above topics

• Input and recommendations on outreach and engagement processes

2

23

Community Connectors were compensated for their work through an agreement with the City of

Burien and Global to Local.

Roles

Program development and implementation requires coordination by each of the partner entities.

The City's primary role in establishing the program was to work with Forterra and Global to Local to

provide input on priority issue areas for civic engagement activities, develop a framework for

incorporating feedback from Connectors into City processes, and coordinate City event logistics.

Forterra's primary role was to provide planning and policy process expertise, recommendations and

guidance on program development and implementation, meeting development and facilitation, and

reports of community engagement findings. Global to Local provided the crucial connection to the

local community, and provided mentoring and leadership development programming for

community leaders, including managing the Connectors as subcontractors, logistics and

interpretation for events, and guidance on program development and implementation.

Connector Recruitment

The City of Burien and Global to Local led Connector recruitment during 2018. In order to

understand which languages, ethnicities, and cultural backgrounds should be represented in the

Connector cohort, the first step in the recruitment process was conducting baseline research on the

demographic makeup of the city.

After demographic research was conducted, a job description was created and disseminated (see

Appendix). The job posting was shared through specific channels, including the City website, flyers

placed in communications locations, and word of mouth through existing City networks. Candidates

then submitted applications and participated in interviews.

The City of Burien and Global to Local considered the following characteristics when recruiting

Connectors:

Representative of City of Burien demographics

Deep connections in their community

Ability or skills to facilitate outreach and engagement • Ability to provide guidance for designing and undertaking effective, culturally relevant

outreach efforts

Capacity to attend evening and weekend trainings, meetings, and events

3

24

Feedback from Connectors

After the pilot year ended, the City of Burien and Global to Local held a final meeting to celebrate

the milestone, as well as to give Connectors the opportunity to provide feedback on the

effectiveness of the program.

Overall, Connectors felt that they gained useful information by participating in the program.

Specifically, we heard the City 101 training was valuable and helpful. Some wished there were even

more trainings, as well as more engagement with the Burien City Council. Several comments also

spoke to an appreciation for community-building resulting as a result of participating in the

Community Connectors program; several Connectors expressed an interest in more opportunity for

more engagement with one another, specifically noting the benefits of cross-cultural interaction and

learning.

Not all feedback was positive. Connectors offered several criticisms that provide important

understanding for future programs. First, despite having participated in the program during the

course of 2018, some felt it was not what they expected or expressed a lack of understanding ot the

program's purpose, intent, or partner roles. Some felt expectations were not reasonable or

effectively managed. Some Connectors noted that, while the program claims to incorporate their

voices and perspectives into City processes, it seemed like the program was merely paying "lip

service" to community engagement. Connectors felt that the feedback they provided to the City

was not used in a meaningful way, and that the program was not driven by the community.

Connectors also offered constructive feedback for improving the content, program and event

structure, and program execution. In terms of program content, the Connectors found value in

learning about the way the City functions, and suggested more training would be of benefit. While

some mentioned that they enjoyed the community survey project more than other topic areas,

others felt that the program was too survey-heavy. Connectors felt that some aspects of the program

were inaccessible. Certain Connectors mentioned that the events were intimidating, as the language

used in these meetings was too formal and confusing. Some Connectors thought that two trainings

did not offer them enough information to be able to engage their communities around the issue

areas, and that the tight timeline of deliverables did not allow for relationship building. With regard

to execution, the times and location of the events were not convenient for some participants-they

were held too late at night for youth Connectors, and the locations were not consistent enough for

some. Connectors also felt that the partner agencies could have provided more consistent support

and mentorship.

Finally, some Connectors felt that the requirements of the program outweighed the benefits of

participating. Several Connectors were in school or worked full-time in addition to participating in

the program, and needed to focus their time and energy on other priorities.

4

25

Recommendations for Future Connector Projects

Based on the above feedback and partner evaluation, and subject to the City's budgetary and

staffing constraints, following are several actionable steps the City of Burien may consider in order to

improve the effectiveness of the Connector program in the future:

• Formalize clear communications regarding the program's purpose and overall goals, and

specify how community input will be gathered, shared, and incorporated in a given project

or effort.

• Set clear upfront expectations with regard to Connector commitments and responsibilities.

Provide continued support and mentorship to Connectors throughout the duration of the

program cycle.

• Increase the frequency and specificity of communication between the City/partner agencies

and Connectors. Increased interaction between the City and Connectors will build trust

between Connectors and program administrators.

• Implement a longer timeframe for the program and include more trainings with increased

opportunities to practice deploying the skills and information presented in these trainings.

The additional support and resources will help Connectors meet the expectations for the

program and be even more successful in their roles.

• Host informal events outside of trainings and events for Connectors to get to know one

another and share cultural experiences.

• Give second-year Connectors the opportunity to take on leadership roles within the

program. These leaders could work with staff from the City and partner organizations to

develop and lead trainings, as well as identify and frame the issue areas addressed in

engagement activities. Cultivating leadership within the program would make the model

more community-driven. The City should also consider compensating lead Connectors at a

higher level than other participants.

• Explore alternative Connector training sessions for youth to the extent the needs of young

Connectors differ from those of adult participants. Trainings for the youth could be held at

times and locations that are more convenient for young people and students.

• The City of Burien Communications Officer should share information on the program and

project opportunities with other City departments. Those interested in pursuing

opportunities should be familiar with the requirements, timeline, and best practices of the

program, and should engage the Communications Officer with sufficient notice to determine

whether an opportunity is a good fit for the Community Connectors.

5

26

APPENDIX: Connector Job Description

City of Burien Community Connectors Program

About the Connectors Program

The Community Connectors Program intends to improve outreach to and engagement with communities

historically underrepresented in the civic process and decisions that impact their community. The Connectors

Program partners with members from communities to act as liaisons and provide better communication

between the City and communities. Connectors are residents with deep connections in their communities and

a commitment to facilitate outreach and communications as well as provide culturally sensitive guidance to

City staff on how to design and undertake comprehensive and effective outreach. By building stronger

relationships with a broad range of communities, the City continues toward the vision of ensuring that all

residents have equal access to opportunities and scrvicc3.

2018 Community Connector Job Description

Community h:aders representing a diverse range of populations are identified through various networks,

organizations, and partners connected to the City of Burien. Connectors must live, work, or attend school

in the City of Burien, be committed to assist the City of Burien by acting as a Community Connector,

collecting local information from their perspective community regarding the City's Projects Goals and

Outcomes (TBD).

The City of Burien is seeking Connectors from backgrounds including but not limited to the following:

. Burmese Vietnamese

. Eritrean Seniors (aged 55+)

Disabled . Ethiopian . Community

. Latino Youth

. Nepali LGBTQ

. Somali

6

27

Key Responsibilities

1. Keep in touch with Point of Contact Niesha Brooks: Global to Local

2. Share information with community members about the City and its services according to the

annual project plan.

3. Attend all required trainings and community meetings. During the course of the year there are

typically 3-4 trainings and 3-4 community meetings.

4. Recruit members of the community to attend and/or participate in events like community

meetings, open houses, trainings, surveys, and information sessions. Connectors are encouraged

to recruit up to 8 people per event.

5. Attend a final debrief meeting at the end of the year to share feedback on your

experience as a Community Connector in order to improve the program.

Stipend Payments

Community Connector is a volunteer position, but stipends are offered to ensure that cost is not a barrier to

pai1icipation. Stipends are paid on an activity basis according to the schedule below. Niesha Brooks, Point

of Contact for Global to Local, submits monthly payment requests for each Connector. Payments are

typically made within I week of the payment request being completed.

Type of Activity Expected time commitment Payment

Trainings & Meetings 2-3 Hours $80

Community Events/Gatherings 3-4 Hours $100

Rt:cruiting Survey Participants NIA $10-$30/per Survey

Recruiting Event Attendees NIA $10/per Community Member

Ix! Support Meeting .5-1 Hour $25

7

28

Background Check

Because Community Connectors will be acting as representatives of the City, and because this position

involves unsupervised contact with members of the public, Connectors are required to pass a criminal

background check in order to patticipate in the program.

Program Contacts

Global to Local (Main Contact)

Niesha Brooks

Leadership & Engagement Manager

(206) 375-5031

niesha@globaltolocal.org

Participation Agreement

I have read the Community Connel:lors Program Overview and understand the responsibilities of a

Community Connector. I agree to the terms of the program and to participate fully for the duration of the

program year beginning February 2018 and ending December 20 I 8.

Printed Name Community Representing

Signature

Date

� Buri;;_ GLOBALTOLOCAL

29

Summary of Permits Issued February 2019

Type Permit Count Valuation

Building 22 $1,716,572

Demolition 4

Electrical 78 $381,412

Fire Protection 7 $33,603

Mechanical 27 $0.00

Plumbing 9 $20,100

Right of Way 43

Sign 4 $10,650

Totals: 194 $2,182,337

0

50

100

150

200

250

300

2017

2018

2019

NUMBER OF PERMITS ISSUED COMPARISON

$0

$5,000,000

$10,000,000

$15,000,000

$20,000,000

$25,000,000

$30,000,000

2017

2018

2019

PERMITS ISSUED VALUATION COMPARISON

30

TI PERMITS ISSUED

Page 1

Project Name Description Date Issued Address ValuationCAR DEALERSHIP REMODEL

REMODEL OF AN EXISTING BUILDING 02/01/2019 14650 1ST AVE S $16,208.00

KHALI'S SWEETS TI ADDING INTERIOR WALLS FOR KITCHEN, EXPANDING EXISTING BATHROOM WALLS TO MEET ADA REQS / ADING ADDITIONAL PARKING STALL TO EXISTING PARKING ON LOT

02/15/2019 14629 AMBAUM BLVD SW $10,000.00

LUCIANAS MARKET CHANGE OF USE FROM B TO M OCCUPANCY. APPROVED SUBJECT TO FIELD INSPECTION.

02/21/2019 12014 DES MOINES MEMORIAL DR S $100.00

LIBERTY TAX SERVICE CHANGE OF USE FROM M TO B OCCUPANCY. APPROVED SUBJECT TO FIELD INSPECTION.

02/21/2019 12012 DES MOINES MEMORIAL DR S $100.00

MARLAINA'S MEDITERRANEAN KITCHEN TI

EXPANSION OF ANCILLARY STORAGE AREA TO ADD MORE SEATING

02/21/2019 643 SW 152ND ST STE B $5,000.00

PANATTONI - SEATTLE GATEWAY CENTER 2

TENANT ALTERATION CONSISTING OF NEW OFFICE SPACE WITHIN EXISTING WAREHOUSE (SUITE CONTAINS BOTH B & S OCCUPANCIES USED BY A SINGLE TENANT)

02/22/2019 1021 S 146TH ST [TEMP] $600,000.00

821 SW 154TH ST RE-ROOF 02/25/2019 821 SW 154TH ST $12,000.00

AYA YOGA OASIS CHANGE OF USE - PAINT STORE TO YOGA STUDIO - NO CONSTRUCTION

02/26/2019 155 SW 152ND ST STE B $200.00

31

MAJOR PERMITS ISSUED

Page 1

Project Name Description Date Issued Address ValuationPANATTONI - SEATTLE GATEWAY CENTER 2

TENANT ALTERATION CONSISTING OF NEW OFFICE SPACE WITHIN EXISTING WAREHOUSE (SUITE CONTAINS BOTH B & S OCCUPANCIES USED BY A SINGLE TENANT)

02/22/2019 1021 S 146TH ST [TEMP] $600,000.00

PANATTONI - SEATTLE GATEWAY CENTER 1 - SUDDATH TI

TENANT ALTERATION CONSISITING OF: NEW OFFICE SPACE WITHIN EXISTING WAREHOUSE / SUITE CONTAINS BOTH B & S OCCUPANCIES USED BY A SINGLE TENANT

02/22/2019 1201 S 140TH ST $550,000.00

32

Permit Type

Summary of Applications Received February 2019

Count Valuation

Building 28 $9,847,456

Damage 1

Demolition 4

Electrical 77 $248,072

Fire Protection 6 $34,781

Mechanical 33 $61,450

Plumbing 11 $88,100

Right of Way 42

Sign 3 $8,200

Totals: 205 $10,308,059

0

50

100

150

200

250

300

2017

2018

2019

NUMBER OF APPLICATIONS RECEIVED COMPARISON

$- $10,000,000.00 $20,000,000.00 $30,000,000.00 $40,000,000.00 $50,000,000.00 $60,000,000.00 $70,000,000.00 $80,000,000.00 $90,000,000.00

$100,000,000.00

2017

2018

2019

APPLICATIONS RECEIVED VALUATION COMPARISON

33

TI PERMIT APPLICATIONS

Page 1

Project Name Description Date Received Address Valuation15640 9TH AVE APARTMENTS

REPLACEMENT OF EXISTING STAIR TREADS & GUARDRAILS FOR BOTH THE FRONT & REAR STAIRS / NEW WINDOW REPLACEMENT / DEMO OF 1 BAY (NORTH) OF EXISTING CARPORT

02/01/2019 15610 9TH AVE SW $57,000.00

SNACK GYRO EXPANSION EXPANDING INTO NEXT DOOR UNIT FOR SNACK GYRO

02/05/2019 15217 6TH AVE SW $1,500.00

FOX COVE APARTMENTS - BLDG A

BUILDING A REMODEL: NEW KITCHENS, BATHROOMS, FLOORING, ADD LAUNDRY CLOSETS, REPIPE, ADD VENTING FOR DRYERS

02/19/2019 149 SW 160TH ST $85,600.00

FOX COVE APARTMENTS - BLDG B

BUILDING B REMODEL: NEW KITCHENS, BATHROOMS, FLOORING, ADD LAUNDRY CLOSETS, REPIPE, ADD VENTING FOR DRYERS

02/19/2019 151 SW 160TH ST $85,600.00

FOX COVE APARTMENTS - BLDG C

BUILDING C REMODEL: NEW KITCHENS, BATHROOMS, FLOORING, ADD LAUNDRY CLOSETS, REPIPE, ADD VENTING FOR DRYERS

02/19/2019 159 SW 160TH ST $85,600.00

VIEW RIDGE PARK DECOMMISSION EXISTING NON-WORKING ELEVATOR

02/26/2019 1214 SW 124TH ST $10,000.00

THAI U UP CONVERT TO FAST FOOD THAI CARRY OUT

02/28/2019 13450 1ST AVE S $8,000.00

LUCIANAS MARKET CHANGE OF USE FROM B TO M OCCUPANCY. APPROVED SUBJECT TO FIELD INSPECTION.

02/21/2019 12014 DES MOINES MEMORIAL DR S $100.00

LIBERTY TAX SERVICE CHANGE OF USE FROM M TO B OCCUPANCY. APPROVED SUBJECT TO FIELD INSPECTION.

02/21/2019 12012 DES MOINES MEMORIAL DR S $100.00

821 SW 154TH ST RE-ROOF 02/25/2019 821 SW 154TH ST $12,000.00

34

MAJOR PERMIT APPLICATIONS

Page 1

Project Name Description Date Received Address ValuationHIGHLINE SELF STORAGE CLEARING & GRADING

CIVIL PLANS FOR THE APPROX. TWO ACRE SITE FOR A TWO BUILDING SELF STORAGE PROJECT TYPE II b : INCLUDES INFRASTRUCTURE, PARKING, LANDSCAPED AREA, AND WATER QUALITY TREATMENT

02/14/2019 1625 SW 114TH ST $950,000.00

HIGHLINE SELF STORAGE VAULT

CONSTRUCT A STORM WATER VAULT 02/14/2019 1625 SW 114TH ST $350,000.00

BURIEN HEATED STORAGE - BUILDING A

CONSTRUCT NEW MINI-STORAGE WAREHOUSE FACILITY WITH (1) NEW 3-STORY SELF-STORAGE BUILDING, ACCESSORY OFFICE, ALUMINUM FENCE & BUILDING WALL, AND 25 PARKING SPACES

02/14/2019 1619 SW 114TH ST $5,300,000.00

BURIEN HEATED STORAGE - BUILDING B

CONSTRUCT NEW MINI-STORAGE WAREHOUSE FACILITY WITH (1) NEW 1-STORY SELF-STORAGE BUILDING / SECURE COMBINATION OF ALUMINIMUM FENCE & BUILDING WALL / 25 PARKING SPACES ON SITE

02/14/2019 1619 SW 114TH ST $500,000.00

PARK N JET PHASE 3 - CLEAR & GRADE

CLEARING & GRADING TO ALLOW HAULING IN OF MATERIALS FOR CONSTRUCTION OF COMMERCIAL PARKING LOT

02/15/2019 1034 S 140TH ST $490,000.00

PARK N JET PHASE 3 CONSTRUCT COMMERCIAL PARKING LOT

02/15/2019 1034 S 140TH ST $1,100,000.00

LAKEVIEW NEW SFR NEW CONSTRUCTION OF A 4120 SQ. FT. SFR

02/15/2019 1414 SW 158TH ST $325,000.00

NICKELS NEW SINGLE FAMILY RESIDENCE

CONSTRUCT NEW 2,221 SQ FT SINGLE FAMILY RESIDENCE WITH ATTACHED GARAGE

02/20/2019 14409 11TH AVE SW $300,000.00

35

1

March 18, 2019 Port of Seattle Commissioners 2711 Alaskan Way PO Box 1209 Seattle, WA 98111 Dear Port of Seattle Commissioners: We respectfully request the Port of Seattle’s written support for the Sea-Tac Airport Impacts Study that is being managed by the Department of Commerce. ESSB 6032 is a collaborative effort between the State of Washington and the cities of Burien, Des Moines, Federal Way, Normandy Park, SeaTac, and Tukwila to study the ongoing impacts of growing operations at Seattle-Tacoma International Airport. This study will evaluate the effect Sea-Tac Airport has on the quality of life in surrounding communities with regards to air traffic noise, public health, traffic, congestion, parking in residential areas, pedestrian access to and around the airport, public safety and crime within cities, effects on residential and non-residential property values, and economic benefits and opportunities. The Port of Seattle has expressed support for the study during a Highline Forum meeting, however, there is ambiguity regarding the Port’s position in the consultant community. It is important to reassure the consultant community that conflicts will not be created with the Port of Seattle based on expressed interest, response, and/or selection regarding the study’s request for proposal (RFP). The City of Burien is asking for the Port of Seattle to issue a letter of support for this study in order to affirm the Port of Seattle’s partnership, commitment, and support for this important work. Thank you in advance for your efforts in this regard.

36

2

Sincerely, Members of the Burien City Council:

____________________________ Jimmy Matta Burien Mayor

____________________________ Nancy Tosta

Burien Councilmember Chair, Burien Airport Committee

____________________________ Austin Bell

Burien Deputy Mayor

____________________________ Krystal Marx

Burien Councilmember

____________________________ Bob Edgar

Burien Councilmember

____________________________ Pedro Olguin

Burien Councilmember

____________________________ Lucy Krakowiak

Burien Councilmember

BW:ca

37

1

March 18, 2019 Legislators, We are writing to you urge you to take action on land use reforms to address our housing affordability crisis. Please pass HB 1923 and SB 5812/HB 1797. It is an unfortunate truth that our zoning and land use laws are embedded in a legacy of racial injustice and serve to perpetuate the interests of the wealthy. This is a highly complex issue, to be sure, but that complexity can coexist with those truths. To move forward, we need your action to update land use laws to promote the building of more homes near the opportunities we all want access to: employment, education, healthcare, relaxation and entertainment. We cannot delay merely because this will change our communities—our communities are living entities just like the people who make them up and will always change; it is our job to ensure that they change by allowing more of us to live, work, and thrive here. Inaction will continue to hoard opportunity for the few while others struggle with rising rents, unattainable downpayments, life-shortening commutes, economy-slowing gridlock and planet-killing emissions. Housing is a matter of basic safety, justice, and economic opportunity. It is time we update our laws to ensure that we are building for this generation of need and the next. Please pass HB 1923 and SB 5812/HB 1797 in order to build more homes for the people who need them. Sincerely,

38

AN ACT Relating to increasing urban residential building1capacity; amending RCW 36.70A.030, 43.21C.450, 70.146.070,243.155.070, 47.26.086, 43.21C.420, 36.70A.490, and 82.02.060;3reenacting and amending RCW 36.70A.070; adding new sections to4chapter 36.70A RCW; adding a new section to chapter 43.21C RCW; and5adding a new section to chapter 35.21 RCW.6

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:7

NEW SECTION. Sec. 1. A new section is added to chapter 36.70A8RCW to read as follows:9

(1) A city planning pursuant to RCW 36.70A.040 with a population10greater than ten thousand shall take two or more of the following11actions by December 31, 2022, in order to increase its residential12building capacity:13

(a) Authorize development of at least fifty residential units per14acre in locations that are located within one-half mile of a fixed15guideway transit station;16

(b) Authorize at least one duplex, triplex, or courtyard17apartment on each parcel in one or more single-family residential18zones unless a city documents a specific infrastructure of physical19constraint that would make this requirement unfeasible for a20particular parcel;21

H-1266.4HOUSE BILL 1923

State of Washington 66th Legislature 2019 Regular SessionBy Representatives Fitzgibbon, Macri, Appleton, Doglio, Dolan,Santos, and FrameRead first time 02/06/19. Referred to Committee on Environment &Energy.

p. 1 HB 192339

(c) Require no more than one on-site parking space per two1dwelling units in multifamily zones that are located within one-half2mile of a fixed guideway transit station;3

(d) Authorize accessory dwelling units on all lots located in4single-family residential zoning districts;5

(e) Adopt a planned action pursuant to RCW 43.21C.420, except6that an environmental impact statement pursuant to RCW 43.21C.030 is7not required for such an action;8

(f) Adopt a planned action pursuant to RCW 43.21C.440, except9that an environmental impact statement pursuant to RCW 43.21C.030 is10not required for such an action;11

(g) Adapt the maximum feasible number of categorical exemptions12pursuant to RCW 43.21C.229 for single-family and multifamily13development.14

(2) A city planning pursuant to RCW 36.70A.040 with a population15greater than ten thousand shall take two or more of the following16actions by December 31, 2022, in order to increase housing17affordability:18

(a) Adopt an inclusionary zoning program, in which twenty-five19percent of the new housing capacity directed by this act consists of20affordable housing; or21

(b) Take some other action to address affordability for very low-22income households.23

(3) A city that is subject to subsections (1) and (2) of this24section that fails to comply with subsections (1) and (2) of this25section by December 31, 2021, shall update the housing element of its26comprehensive plan as required by RCW 36.70A.070.27

(4) The actions taken by a city to comply with subsections (1)28and (2) of this section are not subject to appeal under chapter2943.21C RCW.30

(5)(a) A city that is subject to the requirements of subsections31(1) and (2) of this section shall certify to the department once it32has complied with the requirements of subsections (1) and (2) of this33section.34

(b) When the department receives a certification from a city35pursuant to (a) of this subsection (5), the department shall take36such investigative steps as are necessary to confirm the accuracy of37the certification. Once the department has confirmed the accuracy of38the certification, the department shall issue a letter verifying the39city's compliance.40

p. 2 HB 192340

(c) A city who has received a letter of verification from the1department is eligible to receive a one-time grant from the2department of one hundred thousand dollars in order to support3planning and outreach efforts.4

(6) A city that is subject to the requirements of subsections (1)5and (2) of this section that fails to comply with subsections (1) and6(2) of this section by December 31, 2021, may not receive grants,7loans, or any other form of funding from the following accounts until8the city certifies to the department that the city has complied with9subsections (1) and (2) of this section: The public works assistance10account established in RCW 43.155.050; the water quality capital11account created in RCW 70.146.100; or the transportation improvement12account created in RCW 47.26.084.13

(7) In meeting the requirements of subsections (1) and (2) of14this section, cities are encouraged to utilize strategies that15increase residential building capacity in areas with frequent transit16service and with the transportation and utility infrastructure that17supports the additional residential building capacity.18

Sec. 2. RCW 36.70A.070 and 2017 3rd sp.s. c 18 s 4 and 2017 3rd19sp.s. c 16 s 4 are each reenacted and amended to read as follows:20

The comprehensive plan of a county or city that is required or21chooses to plan under RCW 36.70A.040 shall consist of a map or maps,22and descriptive text covering objectives, principles, and standards23used to develop the comprehensive plan. The plan shall be an24internally consistent document and all elements shall be consistent25with the future land use map. A comprehensive plan shall be adopted26and amended with public participation as provided in RCW 36.70A.140.27Each comprehensive plan shall include a plan, scheme, or design for28each of the following:29

(1) A land use element designating the proposed general30distribution and general location and extent of the uses of land,31where appropriate, for agriculture, timber production, housing,32commerce, industry, recreation, open spaces, general aviation33airports, public utilities, public facilities, and other land uses.34The land use element shall include population densities, building35intensities, and estimates of future population growth. The land use36element shall provide for protection of the quality and quantity of37groundwater used for public water supplies. Wherever possible, the38land use element should consider utilizing urban planning approaches39

p. 3 HB 192341

that promote physical activity. Where applicable, the land use1element shall review drainage, flooding, and storm water run-off in2the area and nearby jurisdictions and provide guidance for corrective3actions to mitigate or cleanse those discharges that pollute waters4of the state, including Puget Sound or waters entering Puget Sound.5

(2)(a) A housing element ensuring the vitality and character of6established residential neighborhoods that: (((a))) (i) Includes an7inventory and analysis of existing and projected housing needs that8identifies the number of housing units necessary to manage projected9growth and quantifies existing and projected housing needs for all10income levels, including extremely low-income households, with11documentation of housing and household characteristics, including12housing stock condition, overcrowding, and comparison of level of13payment with ability to pay; (((b))) (ii) includes a statement of14goals, policies, objectives, and mandatory provisions for the15preservation, improvement, and development of housing, including16single-family residences; (((c))) (iii) includes policies,17regulations, and programs to conserve and preserve existing private18market and subsidized affordable housing and existing manufactured19home parks. In cities with populations of more than eighty thousand,20the housing element must include policies, regulations, and programs21to minimize displacement; (iv) identifies sufficient land for22housing, including, but not limited to, government-assisted housing,23housing for low-income families, manufactured housing, multifamily24housing, and group homes and foster care facilities. If the inventory25in (a) of this subsection demonstrates a lack of sufficient sites to26accommodate housing needs for extremely low-income, very low-income,27and low-income households, the housing element must include a program28to make sufficient sites available at multifamily densities available29for development; ((and (d))) (v) makes adequate provisions for30existing and projected needs of all economic segments of the31community; (vi) analyzes population and employment trends, with32documentation of projections; (vii) provides a zone where emergency33shelters are permitted without a discretionary review process; (viii)34includes an eight-year schedule of programs and actions to implement35the policies of the housing element and to accommodate the planned36housing units, including incentives and funding for affordable37housing; and (ix) reviews and evaluates the previous housing element,38including an evaluation of success in attaining planned housing39units, achievement of goals and policies, and implementation of the40

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schedule of programs and actions. In counties and cities subject to1the review and evaluation requirements of RCW 36.70A.215, any2revision to the housing element shall include consideration of prior3review and evaluation reports and any reasonable measures identified.4

(b) The department must review and, if compliant with the5requirements of this subsection, approve the housing element of each6planning jurisdiction after each periodic review required under RCW736.70A.130.8

(3) A capital facilities plan element consisting of: (a) An9inventory of existing capital facilities owned by public entities,10showing the locations and capacities of the capital facilities; (b) a11forecast of the future needs for such capital facilities; (c) the12proposed locations and capacities of expanded or new capital13facilities; (d) at least a six-year plan that will finance such14capital facilities within projected funding capacities and clearly15identifies sources of public money for such purposes; and (e) a16requirement to reassess the land use element if probable funding17falls short of meeting existing needs and to ensure that the land use18element, capital facilities plan element, and financing plan within19the capital facilities plan element are coordinated and consistent.20Park and recreation facilities shall be included in the capital21facilities plan element.22

(4) A utilities element consisting of the general location,23proposed location, and capacity of all existing and proposed24utilities, including, but not limited to, electrical lines,25telecommunication lines, and natural gas lines.26

(5) Rural element. Counties shall include a rural element27including lands that are not designated for urban growth,28agriculture, forest, or mineral resources. The following provisions29shall apply to the rural element:30

(a) Growth management act goals and local circumstances. Because31circumstances vary from county to county, in establishing patterns of32rural densities and uses, a county may consider local circumstances,33but shall develop a written record explaining how the rural element34harmonizes the planning goals in RCW 36.70A.020 and meets the35requirements of this chapter.36

(b) Rural development. The rural element shall permit rural37development, forestry, and agriculture in rural areas. The rural38element shall provide for a variety of rural densities, uses,39essential public facilities, and rural governmental services needed40

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to serve the permitted densities and uses. To achieve a variety of1rural densities and uses, counties may provide for clustering,2density transfer, design guidelines, conservation easements, and3other innovative techniques that will accommodate appropriate rural4economic advancement, densities, and uses that are not characterized5by urban growth and that are consistent with rural character.6

(c) Measures governing rural development. The rural element shall7include measures that apply to rural development and protect the8rural character of the area, as established by the county, by:9

(i) Containing or otherwise controlling rural development;10(ii) Assuring visual compatibility of rural development with the11

surrounding rural area;12(iii) Reducing the inappropriate conversion of undeveloped land13

into sprawling, low-density development in the rural area;14(iv) Protecting critical areas, as provided in RCW 36.70A.060,15

and surface water and groundwater resources; and16(v) Protecting against conflicts with the use of agricultural,17

forest, and mineral resource lands designated under RCW 36.70A.170.18(d) Limited areas of more intensive rural development. Subject to19

the requirements of this subsection and except as otherwise20specifically provided in this subsection (5)(d), the rural element21may allow for limited areas of more intensive rural development,22including necessary public facilities and public services to serve23the limited area as follows:24

(i) Rural development consisting of the infill, development, or25redevelopment of existing commercial, industrial, residential, or26mixed-use areas, whether characterized as shoreline development,27villages, hamlets, rural activity centers, or crossroads28developments.29

(A) A commercial, industrial, residential, shoreline, or mixed-30use area are subject to the requirements of (d)(iv) of this31subsection, but are not subject to the requirements of (c)(ii) and32(iii) of this subsection.33

(B) Any development or redevelopment other than an industrial34area or an industrial use within a mixed-use area or an industrial35area under this subsection (5)(d)(i) must be principally designed to36serve the existing and projected rural population.37

(C) Any development or redevelopment in terms of building size,38scale, use, or intensity shall be consistent with the character of39the existing areas. Development and redevelopment may include changes40

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in use from vacant land or a previously existing use so long as the1new use conforms to the requirements of this subsection (5);2

(ii) The intensification of development on lots containing, or3new development of, small-scale recreational or tourist uses,4including commercial facilities to serve those recreational or5tourist uses, that rely on a rural location and setting, but that do6not include new residential development. A small-scale recreation or7tourist use is not required to be principally designed to serve the8existing and projected rural population. Public services and public9facilities shall be limited to those necessary to serve the10recreation or tourist use and shall be provided in a manner that does11not permit low-density sprawl;12

(iii) The intensification of development on lots containing13isolated nonresidential uses or new development of isolated cottage14industries and isolated small-scale businesses that are not15principally designed to serve the existing and projected rural16population and nonresidential uses, but do provide job opportunities17for rural residents. Rural counties may allow the expansion of small-18scale businesses as long as those small-scale businesses conform with19the rural character of the area as defined by the local government20according to RCW 36.70A.030(16). Rural counties may also allow new21small-scale businesses to utilize a site previously occupied by an22existing business as long as the new small-scale business conforms to23the rural character of the area as defined by the local government24according to RCW 36.70A.030(16). Public services and public25facilities shall be limited to those necessary to serve the isolated26nonresidential use and shall be provided in a manner that does not27permit low-density sprawl;28

(iv) A county shall adopt measures to minimize and contain the29existing areas or uses of more intensive rural development, as30appropriate, authorized under this subsection. Lands included in such31existing areas or uses shall not extend beyond the logical outer32boundary of the existing area or use, thereby allowing a new pattern33of low-density sprawl. Existing areas are those that are clearly34identifiable and contained and where there is a logical boundary35delineated predominately by the built environment, but that may also36include undeveloped lands if limited as provided in this subsection.37The county shall establish the logical outer boundary of an area of38more intensive rural development. In establishing the logical outer39boundary, the county shall address (A) the need to preserve the40

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character of existing natural neighborhoods and communities, (B)1physical boundaries, such as bodies of water, streets and highways,2and land forms and contours, (C) the prevention of abnormally3irregular boundaries, and (D) the ability to provide public4facilities and public services in a manner that does not permit low-5density sprawl;6

(v) For purposes of (d) of this subsection, an existing area or7existing use is one that was in existence:8

(A) On July 1, 1990, in a county that was initially required to9plan under all of the provisions of this chapter;10

(B) On the date the county adopted a resolution under RCW1136.70A.040(2), in a county that is planning under all of the12provisions of this chapter under RCW 36.70A.040(2); or13

(C) On the date the office of financial management certifies the14county's population as provided in RCW 36.70A.040(5), in a county15that is planning under all of the provisions of this chapter pursuant16to RCW 36.70A.040(5).17

(e) Exception. This subsection shall not be interpreted to permit18in the rural area a major industrial development or a master planned19resort unless otherwise specifically permitted under RCW 36.70A.36020and 36.70A.365.21

(6) A transportation element that implements, and is consistent22with, the land use element.23

(a) The transportation element shall include the following24subelements:25

(i) Land use assumptions used in estimating travel;26(ii) Estimated traffic impacts to state-owned transportation27

facilities resulting from land use assumptions to assist the28department of transportation in monitoring the performance of state29facilities, to plan improvements for the facilities, and to assess30the impact of land-use decisions on state-owned transportation31facilities;32

(iii) Facilities and services needs, including:33(A) An inventory of air, water, and ground transportation34

facilities and services, including transit alignments and general35aviation airport facilities, to define existing capital facilities36and travel levels as a basis for future planning. This inventory must37include state-owned transportation facilities within the city or38county's jurisdictional boundaries;39

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(B) Level of service standards for all locally owned arterials1and transit routes to serve as a gauge to judge performance of the2system. These standards should be regionally coordinated;3

(C) For state-owned transportation facilities, level of service4standards for highways, as prescribed in chapters 47.06 and 47.805RCW, to gauge the performance of the system. The purposes of6reflecting level of service standards for state highways in the local7comprehensive plan are to monitor the performance of the system, to8evaluate improvement strategies, and to facilitate coordination9between the county's or city's six-year street, road, or transit10program and the office of financial management's ten-year investment11program. The concurrency requirements of (b) of this subsection do12not apply to transportation facilities and services of statewide13significance except for counties consisting of islands whose only14connection to the mainland are state highways or ferry routes. In15these island counties, state highways and ferry route capacity must16be a factor in meeting the concurrency requirements in (b) of this17subsection;18

(D) Specific actions and requirements for bringing into19compliance locally owned transportation facilities or services that20are below an established level of service standard;21

(E) Forecasts of traffic for at least ten years based on the22adopted land use plan to provide information on the location, timing,23and capacity needs of future growth;24

(F) Identification of state and local system needs to meet25current and future demands. Identified needs on state-owned26transportation facilities must be consistent with the statewide27multimodal transportation plan required under chapter 47.06 RCW;28

(iv) Finance, including:29(A) An analysis of funding capability to judge needs against30

probable funding resources;31(B) A multiyear financing plan based on the needs identified in32

the comprehensive plan, the appropriate parts of which shall serve as33the basis for the six-year street, road, or transit program required34by RCW 35.77.010 for cities, RCW 36.81.121 for counties, and RCW3535.58.2795 for public transportation systems. The multiyear financing36plan should be coordinated with the ten-year investment program37developed by the office of financial management as required by RCW3847.05.030;39

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(C) If probable funding falls short of meeting identified needs,1a discussion of how additional funding will be raised, or how land2use assumptions will be reassessed to ensure that level of service3standards will be met;4

(v) Intergovernmental coordination efforts, including an5assessment of the impacts of the transportation plan and land use6assumptions on the transportation systems of adjacent jurisdictions;7

(vi) Demand-management strategies;8(vii) Pedestrian and bicycle component to include collaborative9

efforts to identify and designate planned improvements for pedestrian10and bicycle facilities and corridors that address and encourage11enhanced community access and promote healthy lifestyles.12

(b) After adoption of the comprehensive plan by jurisdictions13required to plan or who choose to plan under RCW 36.70A.040, local14jurisdictions must adopt and enforce ordinances which prohibit15development approval if the development causes the level of service16on a locally owned transportation facility to decline below the17standards adopted in the transportation element of the comprehensive18plan, unless transportation improvements or strategies to accommodate19the impacts of development are made concurrent with the development.20These strategies may include increased public transportation service,21ride-sharing programs, demand management, and other transportation22systems management strategies. For the purposes of this subsection23(6), "concurrent with the development" means that improvements or24strategies are in place at the time of development, or that a25financial commitment is in place to complete the improvements or26strategies within six years. If the collection of impact fees is27delayed under RCW 82.02.050(3), the six-year period required by this28subsection (6)(b) must begin after full payment of all impact fees is29due to the county or city.30

(c) The transportation element described in this subsection (6),31the six-year plans required by RCW 35.77.010 for cities, RCW3236.81.121 for counties, and RCW 35.58.2795 for public transportation33systems, and the ten-year investment program required by RCW3447.05.030 for the state, must be consistent.35

(7) An economic development element establishing local goals,36policies, objectives, and provisions for economic growth and vitality37and a high quality of life. A city that has chosen to be a38residential community is exempt from the economic development element39requirement of this subsection.40

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(8) A park and recreation element that implements, and is1consistent with, the capital facilities plan element as it relates to2park and recreation facilities. The element shall include: (a)3Estimates of park and recreation demand for at least a ten-year4period; (b) an evaluation of facilities and service needs; and (c) an5evaluation of intergovernmental coordination opportunities to provide6regional approaches for meeting park and recreational demand.7

(9) It is the intent that new or amended elements required after8January 1, 2002, be adopted concurrent with the scheduled update9provided in RCW 36.70A.130. Requirements to incorporate any such new10or amended elements shall be null and void until funds sufficient to11cover applicable local government costs are appropriated and12distributed by the state at least two years before local government13must update comprehensive plans as required in RCW 36.70A.130.14

Sec. 3. RCW 36.70A.030 and 2017 3rd sp.s. c 18 s 2 are each15amended to read as follows:16

Unless the context clearly requires otherwise, the definitions in17this section apply throughout this chapter.18

(1) "Adopt a comprehensive land use plan" means to enact a new19comprehensive land use plan or to update an existing comprehensive20land use plan.21

(2) "Agricultural land" means land primarily devoted to the22commercial production of horticultural, viticultural, floricultural,23dairy, apiary, vegetable, or animal products or of berries, grain,24hay, straw, turf, seed, Christmas trees not subject to the excise tax25imposed by RCW 84.33.100 through 84.33.140, finfish in upland26hatcheries, or livestock, and that has long-term commercial27significance for agricultural production.28

(3) "City" means any city or town, including a code city.29(4) "Comprehensive land use plan," "comprehensive plan," or30

"plan" means a generalized coordinated land use policy statement of31the governing body of a county or city that is adopted pursuant to32this chapter.33

(5) "Critical areas" include the following areas and ecosystems:34(a) Wetlands; (b) areas with a critical recharging effect on aquifers35used for potable water; (c) fish and wildlife habitat conservation36areas; (d) frequently flooded areas; and (e) geologically hazardous37areas. "Fish and wildlife habitat conservation areas" does not38include such artificial features or constructs as irrigation delivery39

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systems, irrigation infrastructure, irrigation canals, or drainage1ditches that lie within the boundaries of and are maintained by a2port district or an irrigation district or company.3

(6) "Department" means the department of commerce.4(7) "Development regulations" or "regulation" means the controls5

placed on development or land use activities by a county or city,6including, but not limited to, zoning ordinances, critical areas7ordinances, shoreline master programs, official controls, planned8unit development ordinances, subdivision ordinances, and binding site9plan ordinances together with any amendments thereto. A development10regulation does not include a decision to approve a project permit11application, as defined in RCW 36.70B.020, even though the decision12may be expressed in a resolution or ordinance of the legislative body13of the county or city.14

(8) "Forestland" means land primarily devoted to growing trees15for long-term commercial timber production on land that can be16economically and practically managed for such production, including17Christmas trees subject to the excise tax imposed under RCW 84.33.10018through 84.33.140, and that has long-term commercial significance. In19determining whether forestland is primarily devoted to growing trees20for long-term commercial timber production on land that can be21economically and practically managed for such production, the22following factors shall be considered: (a) The proximity of the land23to urban, suburban, and rural settlements; (b) surrounding parcel24size and the compatibility and intensity of adjacent and nearby land25uses; (c) long-term local economic conditions that affect the ability26to manage for timber production; and (d) the availability of public27facilities and services conducive to conversion of forestland to28other uses.29

(9) "Freight rail dependent uses" means buildings and other30infrastructure that are used in the fabrication, processing, storage,31and transport of goods where the use is dependent on and makes use of32an adjacent short line railroad. Such facilities are both urban and33rural development for purposes of this chapter. "Freight rail34dependent uses" does not include buildings and other infrastructure35that are used in the fabrication, processing, storage, and transport36of coal, liquefied natural gas, or "crude oil" as defined in RCW3790.56.010.38

(10) "Geologically hazardous areas" means areas that because of39their susceptibility to erosion, sliding, earthquake, or other40

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geological events, are not suited to the siting of commercial,1residential, or industrial development consistent with public health2or safety concerns.3

(11) "Long-term commercial significance" includes the growing4capacity, productivity, and soil composition of the land for long-5term commercial production, in consideration with the land's6proximity to population areas, and the possibility of more intense7uses of the land.8

(12) "Minerals" include gravel, sand, and valuable metallic9substances.10

(13) "Public facilities" include streets, roads, highways,11sidewalks, street and road lighting systems, traffic signals,12domestic water systems, storm and sanitary sewer systems, parks and13recreational facilities, and schools.14

(14) "Public services" include fire protection and suppression,15law enforcement, public health, education, recreation, environmental16protection, and other governmental services.17

(15) "Recreational land" means land so designated under RCW1836.70A.1701 and that, immediately prior to this designation, was19designated as agricultural land of long-term commercial significance20under RCW 36.70A.170. Recreational land must have playing fields and21supporting facilities existing before July 1, 2004, for sports played22on grass playing fields.23

(16) "Rural character" refers to the patterns of land use and24development established by a county in the rural element of its25comprehensive plan:26

(a) In which open space, the natural landscape, and vegetation27predominate over the built environment;28

(b) That foster traditional rural lifestyles, rural-based29economies, and opportunities to both live and work in rural areas;30

(c) That provide visual landscapes that are traditionally found31in rural areas and communities;32

(d) That are compatible with the use of the land by wildlife and33for fish and wildlife habitat;34

(e) That reduce the inappropriate conversion of undeveloped land35into sprawling, low-density development;36

(f) That generally do not require the extension of urban37governmental services; and38

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(g) That are consistent with the protection of natural surface1water flows and groundwater and surface water recharge and discharge2areas.3

(17) "Rural development" refers to development outside the urban4growth area and outside agricultural, forest, and mineral resource5lands designated pursuant to RCW 36.70A.170. Rural development can6consist of a variety of uses and residential densities, including7clustered residential development, at levels that are consistent with8the preservation of rural character and the requirements of the rural9element. Rural development does not refer to agriculture or forestry10activities that may be conducted in rural areas.11

(18) "Rural governmental services" or "rural services" include12those public services and public facilities historically and13typically delivered at an intensity usually found in rural areas, and14may include domestic water systems, fire and police protection15services, transportation and public transit services, and other16public utilities associated with rural development and normally not17associated with urban areas. Rural services do not include storm or18sanitary sewers, except as otherwise authorized by RCW 36.70A.110(4).19

(19) "Short line railroad" means those railroad lines designated20class II or class III by the United States surface transportation21board.22

(20) "Urban governmental services" or "urban services" include23those public services and public facilities at an intensity24historically and typically provided in cities, specifically including25storm and sanitary sewer systems, domestic water systems, street26cleaning services, fire and police protection services, public27transit services, and other public utilities associated with urban28areas and normally not associated with rural areas.29

(21) "Urban growth" refers to growth that makes intensive use of30land for the location of buildings, structures, and impermeable31surfaces to such a degree as to be incompatible with the primary use32of land for the production of food, other agricultural products, or33fiber, or the extraction of mineral resources, rural uses, rural34development, and natural resource lands designated pursuant to RCW3536.70A.170. A pattern of more intensive rural development, as36provided in RCW 36.70A.070(5)(d), is not urban growth. When allowed37to spread over wide areas, urban growth typically requires urban38governmental services. "Characterized by urban growth" refers to land39having urban growth located on it, or to land located in relationship40

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to an area with urban growth on it as to be appropriate for urban1growth.2

(22) "Urban growth areas" means those areas designated by a3county pursuant to RCW 36.70A.110.4

(23) "Wetland" or "wetlands" means areas that are inundated or5saturated by surface water or groundwater at a frequency and duration6sufficient to support, and that under normal circumstances do7support, a prevalence of vegetation typically adapted for life in8saturated soil conditions. Wetlands generally include swamps,9marshes, bogs, and similar areas. Wetlands do not include those10artificial wetlands intentionally created from nonwetland sites,11including, but not limited to, irrigation and drainage ditches,12grass-lined swales, canals, detention facilities, wastewater13treatment facilities, farm ponds, and landscape amenities, or those14wetlands created after July 1, 1990, that were unintentionally15created as a result of the construction of a road, street, or16highway. Wetlands may include those artificial wetlands intentionally17created from nonwetland areas created to mitigate conversion of18wetlands.19

(24) "Affordable housing" means, unless the context clearly20indicates otherwise, residential housing whose monthly costs,21including utilities other than telephone, do not exceed thirty22percent of the monthly income of a household whose income is sixty23percent of the median family income adjusted for family size, for the24county where the household is located, as reported by the United25States department of housing and urban development.26

(25) "Extremely low-income household" means a single person,27family, or unrelated persons living together whose adjusted income is28at or below thirty percent of the median family income adjusted for29family size, for the county where the household is located, as30reported by the United States department of housing and urban31development.32

(26) "Low-income household" means a single person, family, or33unrelated persons living together whose adjusted income is at or34below eighty percent of the median family income adjusted for family35size, for the county where the household is located, as reported by36the United States department of housing and urban development.37

(27) "Very low-income household" means a single person, family,38or unrelated persons living together whose adjusted income is at or39below fifty percent of the median family income adjusted for family40

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size, for the county where the household is located, as reported by1the United States department of housing and urban development.2

Sec. 4. RCW 43.21C.450 and 2012 1st sp.s. c 1 s 307 are each3amended to read as follows:4

The following nonproject actions are categorically exempt from5the requirements of this chapter:6

(1) Amendments to development regulations that are required to7ensure consistency with an adopted comprehensive plan pursuant to RCW836.70A.040, where the comprehensive plan was previously subjected to9environmental review pursuant to this chapter and the impacts10associated with the proposed regulation were specifically addressed11in the prior environmental review;12

(2) Amendments to development regulations that are required to13ensure consistency with a shoreline master program approved pursuant14to RCW 90.58.090, where the shoreline master program was previously15subjected to environmental review pursuant to this chapter and the16impacts associated with the proposed regulation were specifically17addressed in the prior environmental review;18

(3) Amendments to development regulations that, upon19implementation of a project action, will provide increased20environmental protection, limited to the following:21

(a) Increased protections for critical areas, such as enhanced22buffers or setbacks;23

(b) Increased vegetation retention or decreased impervious24surface areas in shoreline jurisdiction; and25

(c) Increased vegetation retention or decreased impervious26surface areas in critical areas;27

(4) Amendments to technical codes adopted by a county, city, or28town to ensure consistency with minimum standards contained in state29law, including the following:30

(a) Building codes required by chapter 19.27 RCW;31(b) Energy codes required by chapter 19.27A RCW; and32(c) Electrical codes required by chapter 19.28 RCW;33(5) Amendments to development regulations in order to comply with34

section 1 of this act.35

NEW SECTION. Sec. 5. A new section is added to chapter 36.70A36RCW to read as follows:37

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In counties and cities planning under RCW 36.70A.040, minimum1residential parking requirements mandated by municipal zoning2ordinances are subject to the following requirements:3

(1) For affordable housing units that are located within one-4quarter mile of a transit stop that receives transit service at least5four times per hour for twelve or more hours per day, minimum6residential parking requirements may be no greater than one parking7space per bedroom.8

(2) For housing units that are specifically for seniors or people9with disabilities, that are located within one-quarter mile of a10transit stop that receives transit service at least four times per11hour for twelve or more hours per day, no minimum residential parking12requirement may be imposed.13

Sec. 6. RCW 70.146.070 and 2013 c 275 s 4 are each amended to14read as follows:15

(1) When making grants or loans for water pollution control16facilities, the department shall consider the following:17

(a) The protection of water quality and public health;18(b) The cost to residential ratepayers if they had to finance19

water pollution control facilities without state assistance;20(c) Actions required under federal and state permits and21

compliance orders;22(d) The level of local fiscal effort by residential ratepayers23

since 1972 in financing water pollution control facilities;24(e) Except as otherwise conditioned by RCW 70.146.110, whether25

the entity receiving assistance is a Puget Sound partner, as defined26in RCW 90.71.010;27

(f) Whether the project is referenced in the action agenda28developed by the Puget Sound partnership under RCW 90.71.310;29

(g) Except as otherwise provided in RCW 70.146.120, and effective30one calendar year following the development and statewide31availability of model evergreen community management plans and32ordinances under RCW 35.105.050, whether the project is sponsored by33an entity that has been recognized, and what gradation of recognition34was received, in the evergreen community recognition program created35in RCW 35.105.030;36

(h) The extent to which the applicant county or city, or if the37applicant is another public body, the extent to which the county or38city in which the applicant public body is located, has established39

p. 17 HB 192355

programs to mitigate nonpoint pollution of the surface or1subterranean water sought to be protected by the water pollution2control facility named in the application for state assistance; and3

(i) The recommendations of the Puget Sound partnership, created4in RCW 90.71.210, and any other board, council, commission, or group5established by the legislature or a state agency to study water6pollution control issues in the state.7

(2) Except where necessary to address a public health need or8substantial environmental degradation, a county, city, or town9planning under RCW 36.70A.040 may not receive a grant or loan for10water pollution control facilities unless it has adopted a11comprehensive plan, including a capital facilities plan element, and12development regulations as required by RCW 36.70A.040. A county,13city, or town that has adopted a comprehensive plan and development14regulations as provided in RCW 36.70A.040 may request a grant or loan15for water pollution control facilities. This subsection does not16require any county, city, or town planning under RCW 36.70A.040 to17adopt a comprehensive plan or development regulations before18requesting a grant or loan under this chapter if such request is made19before the expiration of the time periods specified in RCW2036.70A.040. A county, city, or town planning under RCW 36.70A.04021that has not adopted a comprehensive plan and development regulations22within the time periods specified in RCW 36.70A.040 is not prohibited23from receiving a grant or loan under this chapter if the24comprehensive plan and development regulations are adopted as25required by RCW 36.70A.040 before the department executes a26contractual agreement for the grant or loan.27

(3) Whenever the department is considering awarding grants or28loans for public facilities to special districts requesting funding29for a proposed facility located in a county, city, or town planning30under RCW 36.70A.040, it shall consider whether the county, city, or31town planning under RCW 36.70A.040 in whose planning jurisdiction the32proposed facility is located has adopted a comprehensive plan and33development regulations as required by RCW 36.70A.040.34

(4) The department may not award a grant or loan for a public35facility located in a city subject to the requirements of section361(1) and (2) of this act unless the city has certified to the37department of commerce that it is in compliance with section 1(1) and38(2) of this act, as appropriate.39

p. 18 HB 192356

(5) After January 1, 2010, any project designed to address the1effects of water pollution on Puget Sound may be funded under this2chapter only if the project is not in conflict with the action agenda3developed by the Puget Sound partnership under RCW 90.71.310.4

Sec. 7. RCW 43.155.070 and 2017 3rd sp.s. c 10 s 9 are each5amended to read as follows:6

(1) To qualify for financial assistance under this chapter the7board must determine that a local government meets all of the8following conditions:9

(a) The city or county must be imposing a tax under chapter 82.4610RCW at a rate of at least one-quarter of one percent;11

(b) The local government must have developed a capital facility12plan; and13

(c) The local government must be using all local revenue sources14which are reasonably available for funding public works, taking into15consideration local employment and economic factors.16

(2) Except where necessary to address a public health need or17substantial environmental degradation, a county, city, or town18planning under RCW 36.70A.040 may not receive financial assistance19under this chapter unless it has adopted a comprehensive plan,20including a capital facilities plan element, and development21regulations as required by RCW 36.70A.040. This subsection does not22require any county, city, or town planning under RCW 36.70A.040 to23adopt a comprehensive plan or development regulations before24requesting or receiving financial assistance under this chapter if25such request is made before the expiration of the time periods26specified in RCW 36.70A.040. A county, city, or town planning under27RCW 36.70A.040 that has not adopted a comprehensive plan and28development regulations within the time periods specified in RCW2936.70A.040 may apply for and receive financial assistance under this30chapter if the comprehensive plan and development regulations are31adopted as required by RCW 36.70A.040 before executing a contractual32agreement for financial assistance with the board.33

(3) In considering awarding financial assistance for public34facilities to special districts requesting funding for a proposed35facility located in a county, city, or town planning under RCW3636.70A.040, the board must consider whether the county, city, or town37planning under RCW 36.70A.040 in whose planning jurisdiction the38

p. 19 HB 192357

proposed facility is located has adopted a comprehensive plan and1development regulations as required by RCW 36.70A.040.2

(4) The board may not award financial assistance for a proposed3facility located in a city subject to the requirements of section41(1) and (2) of this act unless the city has certified to the5department of commerce that it is in compliance with section 1(1) and6(2) of this act, as appropriate, of this act.7

(5)(a) The board must develop a process to prioritize8applications and funding of loans and grants for public works9projects submitted by local governments. The board must consider, at10a minimum and in any order, the following factors in prioritizing11projects:12

(i) Whether the project is critical in nature and would affect13the health and safety of many people;14

(ii) The extent to which the project leverages other funds;15(iii) The extent to which the project is ready to proceed to16

construction;17(iv) Whether the project is located in an area of high18

unemployment, compared to the average state unemployment;19(v) Whether the project promotes the sustainable use of resources20

and environmental quality, as applicable;21(vi) Whether the project consolidates or regionalizes systems;22(vii) Whether the project encourages economic development through23

mixed-use and mixed income development consistent with chapter 36.70A24RCW;25

(viii) Whether the system is being well-managed in the present26and for long-term sustainability;27

(ix) Achieving equitable distribution of funds by geography and28population;29

(x) The extent to which the project meets the following state30policy objectives:31

(A) Efficient use of state resources;32(B) Preservation and enhancement of health and safety;33(C) Abatement of pollution and protection of the environment;34(D) Creation of new, family-wage jobs, and avoidance of shifting35

existing jobs from one Washington state community to another;36(E) Fostering economic development consistent with chapter 36.70A37

RCW;38(F) Efficiency in delivery of goods and services and39

transportation; and40p. 20 HB 192358

(G) Reduction of the overall cost of public infrastructure;1(xi) Whether the applicant sought or is seeking funding for the2

project from other sources; and3(xii) Other criteria that the board considers necessary to4

achieve the purposes of this chapter.5(b) Before September 1, 2018, and each year thereafter, the board6

must develop and submit a report regarding the construction loans and7grants to the office of financial management and appropriate fiscal8committees of the senate and house of representatives. The report9must include:10

(i) The total number of applications and amount of funding11requested for public works projects;12

(ii) A list and description of projects approved in the preceding13fiscal year with project scores against the board's prioritization14criteria;15

(iii) The total amount of loan and grants disbursements made from16the public works assistance account in the preceding fiscal year;17

(iv) The total amount of loan repayments in the preceding fiscal18year for outstanding loans from the public works assistance account;19

(v) The total amount of loan repayments due for outstanding loans20for each fiscal year over the following ten-year period; and21

(vi) The total amount of funds obligated and timing of when the22funds were obligated in the preceding fiscal year.23

(c) The maximum amount of funding that the board may provide for24any jurisdiction is ten million dollars per biennium.25

(((5))) (6) Existing debt or financial obligations of local26governments may not be refinanced under this chapter. Each local27government applicant must provide documentation of attempts to secure28additional local or other sources of funding for each public works29project for which financial assistance is sought under this chapter.30

(((6))) (7) Before September 1st of each year, the board must31develop and submit to the appropriate fiscal committees of the senate32and house of representatives a description of the loans and grants33made under RCW 43.155.065 and 43.155.068.34

(((7))) (8) The board may not sign contracts or otherwise35financially obligate funds from the public works assistance account36before the legislature has appropriated funds to the board for the37purpose of funding public works projects under this chapter.38

(((8))) (9) To qualify for loans, grants, or pledges for solid39waste or recycling facilities under this chapter, a city or county40

p. 21 HB 192359

must demonstrate that the solid waste or recycling facility is1consistent with and necessary to implement the comprehensive solid2waste management plan adopted by the city or county under chapter370.95 RCW.4

(((9))) (10) After January 1, 2010, any project designed to5address the effects of stormwater or wastewater on Puget Sound may be6funded under this section only if the project is not in conflict with7the action agenda developed by the Puget Sound partnership under RCW890.71.310.9

(((10))) (11) For projects involving repair, replacement, or10improvement of a wastewater treatment plant or other public works11facility for which an investment grade efficiency audit is reasonably12obtainable, the public works board must require as a contract13condition that the project sponsor undertake an investment grade14efficiency audit. The project sponsor may finance the costs of the15audit as part of its public works assistance account program loan or16grant.17

(((11))) (12) The board must implement policies and procedures18designed to maximize local government consideration of other funds to19finance local infrastructure.20

Sec. 8. RCW 47.26.086 and 2011 c 120 s 7 are each amended to21read as follows:22

Transportation improvement account projects selected for funding23programs after fiscal year 1995 are governed by the requirements of24this section.25

The board shall allocate funds from the account by June 30th of26each year for the ensuing fiscal year to urban counties, cities with27a population of five thousand and over, and to transportation benefit28districts. Projects may include, but are not limited to, multiagency29projects and arterial improvement projects in fast-growing areas. The30board shall endeavor to provide geographical diversity in selecting31improvement projects to be funded from the account.32

To be eligible to receive these funds, a project must be33consistent with the Growth Management Act, the Clean Air Act34including conformity, and the Commute Trip Reduction Law and35consideration must have been given to the project's relationship,36both actual and potential, with the statewide rail passenger program37and rapid mass transit. For a project located in a city that is38subject to the requirements of section 1(1) and (2) of this act, the39

p. 22 HB 192360

city must certify to the department of commerce that it is in1compliance with section 1(1) and (2) of this act, as appropriate, in2order for the project to be eligible to receive these funds. Projects3must be consistent with any adopted high capacity transportation4plan, must consider existing or reasonably foreseeable congestion5levels attributable to economic development or growth and all modes6of transportation and safety, and must be partially funded by local7government or private contributions, or a combination of such8contributions. Priority consideration shall be given to those9projects with the greatest percentage of local or private10contribution, or both.11

Within one year after board approval of an application for12funding, the lead agency shall provide written certification to the13board of the pledged local and private funding for the phase of the14project approved. Funds allocated to an applicant that does not15certify its funding within one year after approval may be reallocated16by the board.17

NEW SECTION. Sec. 9. A new section is added to chapter 43.21C18RCW to read as follows:19

(1) A project action evaluated under this chapter by a city,20town, or county planning under RCW 36.70A.040 is exempt from appeals21under this chapter on the basis of the evaluation of or impacts to22transportation elements of the environment, so long as the project23does not present significant adverse impacts to state highways and24the project is:25

(a)(i) Consistent with a locally adopted transportation plan; or26(ii) Consistent with the transportation element of a27

comprehensive plan; and28(b)(i) A project for which traffic or parking impact fees are29

imposed pursuant to RCW 82.02.050 through 82.02.090; or30(ii) A project for which traffic or parking impacts are expressly31

mitigated by an ordinance, or ordinances, of general application32adopted by the city, town, or county.33

(2) For purposes of this section, "impacts to transportation34elements of the environment" include impacts to transportation35systems; vehicular traffic; waterborne, rail, and air traffic;36parking; movement or circulation of people or goods; and traffic37hazards.38

p. 23 HB 192361

Sec. 10. RCW 43.21C.420 and 2010 c 153 s 2 are each amended to1read as follows:2

(1) Cities with a population greater than five thousand, in3accordance with their existing comprehensive planning and development4regulation authority under chapter 36.70A RCW, and in accordance with5this section, may adopt optional elements of their comprehensive6plans and optional development regulations that apply within7specified subareas of the cities, that are either:8

(a) Areas designated as mixed-use or urban centers in a land use9or transportation plan adopted by a regional transportation planning10organization; or11

(b) Areas within one-half mile of a major transit stop that are12zoned to have an average minimum density of fifteen dwelling units or13more per gross acre.14

(2) Cities located on the east side of the Cascade mountains and15located in a county with a population of two hundred thirty thousand16or less, in accordance with their existing comprehensive planning and17development regulation authority under chapter 36.70A RCW, and in18accordance with this section, may adopt optional elements of their19comprehensive plans and optional development regulations that apply20within the mixed-use or urban centers. The optional elements of their21comprehensive plans and optional development regulations must enhance22pedestrian, bicycle, transit, or other nonvehicular transportation23methods.24

(3) A major transit stop is defined as:25(a) A stop on a high capacity transportation service funded or26

expanded under the provisions of chapter 81.104 RCW;27(b) Commuter rail stops;28(c) Stops on rail or fixed guideway systems, including29

transitways;30(d) Stops on bus rapid transit routes or routes that run on high31

occupancy vehicle lanes; or32(e) Stops for a bus or other transit mode providing fixed route33

service at intervals of at least thirty minutes during the peak hours34of operation.35

(4)(a) A city that elects to adopt such an optional comprehensive36plan element and optional development regulations shall prepare a37nonproject environmental impact statement, pursuant to RCW3843.21C.030, assessing and disclosing the probable significant adverse39environmental impacts of the optional comprehensive plan element and40

p. 24 HB 192362

development regulations and of future development that is consistent1with the plan and regulations.2

(b) At least one community meeting must be held on the proposed3subarea plan before the scoping notice for such a nonproject4environmental impact statement is issued. Notice of scoping for such5a nonproject environmental impact statement and notice of the6community meeting required by this section must be mailed to all7property owners of record within the subarea to be studied, to all8property owners within one hundred fifty feet of the boundaries of9such a subarea, to all affected federally recognized tribal10governments whose ceded area is within one-half mile of the11boundaries of the subarea, and to agencies with jurisdiction over the12future development anticipated within the subarea.13

(c) ((In cities with over five hundred thousand residents, notice14of scoping for such a nonproject environmental impact statement and15notice of the community meeting required by this section must be16mailed to all small businesses as defined in RCW 19.85.020, and to17all community preservation and development authorities established18under chapter 43.167 RCW, located within the subarea to be studied or19within one hundred fifty feet of the boundaries of such subarea. The20process for community involvement must have the goal of fair21treatment and meaningful involvement of all people with respect to22the development and implementation of the subarea planning process.23

(d))) The notice of the community meeting must include general24illustrations and descriptions of buildings generally representative25of the maximum building envelope that will be allowed under the26proposed plan and indicate that future appeals of proposed27developments that are consistent with the plan will be limited.28Notice of the community meeting must include signs located on major29travel routes in the subarea. If the building envelope increases30during the process, another notice complying with the requirements of31this section must be issued before the next public involvement32opportunity.33

(((e))) (d) Any person that has standing to appeal the adoption34of this subarea plan or the implementing regulations under RCW3536.70A.280 has standing to bring an appeal of the nonproject36environmental impact statement required by this subsection.37

(((f) Cities with over five hundred thousand residents shall38prepare a study that accompanies or is appended to the nonproject39environmental impact statement, but must not be part of that40

p. 25 HB 192363

statement, that analyzes the extent to which the proposed subarea1plan may result in the displacement or fragmentation of existing2businesses, existing residents, including people living with poverty,3families with children, and intergenerational households, or cultural4groups within the proposed subarea plan. The city shall also discuss5the results of the analysis at the community meeting.6

(g))) (e) As an incentive for development authorized under this7section, a city shall consider establishing a transfer of development8rights program in consultation with the county where the city is9located, that conserves county-designated agricultural and forestland10of long-term commercial significance. If the city decides not to11establish a transfer of development rights program, the city must12state in the record the reasons for not adopting the program. The13city's decision not to establish a transfer of development rights14program is not subject to appeal. Nothing in this subsection (4)15(((g))) (e) may be used as a basis to challenge the optional16comprehensive plan or subarea plan policies authorized under this17section.18

(5)(a) Until July 1, ((2018)) 2029, a proposed development that19meets the criteria of (b) of this subsection may not be challenged in20administrative or judicial appeals for noncompliance with this21chapter as long as a complete application for such a development that22vests the application or would later lead to vested status under city23or state law is submitted to the city within a time frame established24by the city, but not to exceed the following time frames:25

(i) Nineteen years from the date of issuance of the final26environmental impact statement, for projects that are consistent with27an optional element adopted by a city as of the effective date of28this section; or29

(ii) Ten years from the date of issuance of the final30environmental impact statement, for projects that are consistent with31an optional element adopted by a city after the effective date of32this section.33

(b) A proposed development may not be challenged, consistent with34the timelines established in (a) of this subsection, so long as the35development:36

(i) Is consistent with the optional comprehensive plan or subarea37plan policies and development regulations adopted under subsection38(1) or (2) of this section;39

p. 26 HB 192364

(ii) Sets aside or requires the occupancy of at least ten percent1of the dwelling units, or a greater percentage as determined by city2development regulations, within the development for low-income3households at a sale price or rental amount that is considered4affordable by a city's housing programs. This subsection (5)(b)(ii)5applies only to projects that are consistent with an optional element6adopted by a city pursuant to this section after the effective date7of this section; and ((that))8

(iii) Is environmentally reviewed under subsection (4) of this9section ((may not be challenged in administrative or judicial appeals10for noncompliance with this chapter as long as a complete application11for such a development that vests the application or would later lead12to vested status under city or state law is submitted to the city13within a time frame established by the city, but not to exceed ten14years from the date of issuance of the final environmental impact15statement)).16

(((b))) (c) After July 1, ((2018)) 2029, the immunity from17appeals under this chapter of any application that vests or will vest18under this subsection or the ability to vest under this subsection is19still valid, provided that the final subarea environmental impact20statement is issued by July 1, ((2018)) 2029. After July 1, ((2018))212029, a city may continue to collect reimbursement fees under22subsection (6) of this section for the proportionate share of a23subarea environmental impact statement issued prior to July 1,24((2018)) 2029.25

(6) It is recognized that a city that prepares a nonproject26environmental impact statement under subsection (4) of this section27must endure a substantial financial burden. A city may recover or28apply for a grant or loan to prospectively cover its reasonable29expenses of preparation of a nonproject environmental impact30statement prepared under subsection (4) of this section through31access to financial assistance under RCW 36.70A.490 or funding from32private sources. In addition, a city is authorized to recover a33portion of its reasonable expenses of preparation of such a34nonproject environmental impact statement by the assessment of35reasonable and proportionate fees upon subsequent development that is36consistent with the plan and development regulations adopted under37subsection (5) of this section, as long as the development makes use38of and benefits (([from])) from, as described in subsection (5) of39this section, ((from)) the nonproject environmental impact statement40

p. 27 HB 192365

prepared by the city. Any assessment fees collected from subsequent1development may be used to reimburse funding received from private2sources. In order to collect such fees, the city must enact an3ordinance that sets forth objective standards for determining how the4fees to be imposed upon each development will be proportionate to the5impacts of each development and to the benefits accruing to each6development from the nonproject environmental impact statement. Any7disagreement about the reasonableness or amount of the fees imposed8upon a development may not be the basis for delay in issuance of a9project permit for that development. The fee assessed by the city may10be paid with the written stipulation "paid under protest" and if the11city provides for an administrative appeal of its decision on the12project for which the fees are imposed, any dispute about the amount13of the fees must be resolved in the same administrative appeal14process.15

(7) If a proposed development is inconsistent with the optional16comprehensive plan or subarea plan policies and development17regulations adopted under subsection (1) of this section, the city18shall require additional environmental review in accordance with this19chapter.20

Sec. 11. RCW 36.70A.490 and 2012 1st sp.s. c 1 s 309 are each21amended to read as follows:22

The growth management planning and environmental review fund is23hereby established in the state treasury. Moneys may be placed in the24fund from the proceeds of bond sales, tax revenues, budget transfers,25federal appropriations, gifts, or any other lawful source. Moneys in26the fund may be spent only after appropriation. Moneys in the fund27shall be used to make grants or loans to local governments for the28purposes set forth in RCW 43.21C.240, 43.21C.031, or 36.70A.500, and29to cover costs associated with the adoption of optional elements of30comprehensive plans consistent with RCW 43.21C.420. Any payment of31either principal or interest, or both, derived from loans made from32this fund must be deposited into the fund.33

NEW SECTION. Sec. 12. A new section is added to chapter 35.2134RCW to read as follows:35

Permanent supportive housing shall be a permitted use in all36areas where multifamily housing is permitted.37

p. 28 HB 192366

Sec. 13. RCW 82.02.060 and 2012 c 200 s 1 are each amended to1read as follows:2

The local ordinance by which impact fees are imposed:3(1) Shall include a schedule of impact fees which shall be4

adopted for each type of development activity that is subject to5impact fees, specifying the amount of the impact fee to be imposed6for each type of system improvement. The schedule shall be based upon7a formula or other method of calculating such impact fees. In8determining proportionate share, the formula or other method of9calculating impact fees shall incorporate, among other things, the10following:11

(a) The cost of public facilities necessitated by new12development;13

(b) An adjustment to the cost of the public facilities for past14or future payments made or reasonably anticipated to be made by new15development to pay for particular system improvements in the form of16user fees, debt service payments, taxes, or other payments earmarked17for or proratable to the particular system improvement;18

(c) The availability of other means of funding public facility19improvements;20

(d) The cost of existing public facilities improvements; and21(e) The methods by which public facilities improvements were22

financed;23(2) May provide an exemption for low-income housing, and other24

development activities with broad public purposes, from these impact25fees, provided that the impact fees for such development activity26shall be paid from public funds other than impact fee accounts;27

(3) May provide an exemption from impact fees for low-income28housing. Local governments that grant exemptions for low-income29housing under this subsection (3) may either: Grant a partial30exemption of not more than eighty percent of impact fees, in which31case there is no explicit requirement to pay the exempted portion of32the fee from public funds other than impact fee accounts; or provide33a full waiver, in which case the remaining percentage of the exempted34fee must be paid from public funds other than impact fee accounts. An35exemption for low-income housing granted under subsection (2) of this36section or this subsection (3) must be conditioned upon requiring the37developer to record a covenant that, except as provided otherwise by38this subsection, prohibits using the property for any purpose other39than for low-income housing. At a minimum, the covenant must address40

p. 29 HB 192367

price restrictions and household income limits for the low-income1housing, and that if the property is converted to a use other than2for low-income housing, the property owner must pay the applicable3impact fees in effect at the time of conversion. Covenants required4by this subsection must be recorded with the applicable county5auditor or recording officer. A local government granting an6exemption under subsection (2) of this section or this subsection (3)7for low-income housing may not collect revenue lost through granting8an exemption by increasing impact fees unrelated to the exemption. A9school district who receives school impact fees must approve any10exemption under subsection (2) of this section or this subsection11(3);12

(4) May not charge a higher per unit fee for multifamily13residential construction than for single-family residential14construction;15

(5) Shall provide a credit for the value of any dedication of16land for, improvement to, or new construction of any system17improvements provided by the developer, to facilities that are18identified in the capital facilities plan and that are required by19the county, city, or town as a condition of approving the development20activity;21

(((5))) (6) Shall allow the county, city, or town imposing the22impact fees to adjust the standard impact fee at the time the fee is23imposed to consider unusual circumstances in specific cases to ensure24that impact fees are imposed fairly;25

(((6))) (7) Shall include a provision for calculating the amount26of the fee to be imposed on a particular development that permits27consideration of studies and data submitted by the developer to28adjust the amount of the fee;29

(((7))) (8) Shall establish one or more reasonable service areas30within which it shall calculate and impose impact fees for various31land use categories per unit of development; and32

(((8))) (9) May provide for the imposition of an impact fee for33system improvement costs previously incurred by a county, city, or34town to the extent that new growth and development will be served by35the previously constructed improvements provided such fee shall not36be imposed to make up for any system improvement deficiencies.37

For purposes of this section, "low-income housing" means housing38with a monthly housing expense, that is no greater than thirty39percent of eighty percent of the median family income adjusted for40

p. 30 HB 192368

family size, for the county where the project is located, as reported1by the United States department of housing and urban development.2

--- END ---

p. 31 HB 192369

AN ACT Relating to increasing urban residential building1capacity; amending RCW 36.70A.280, 36.70A.280, 36.70A.290,236.70A.030, 43.21C.450, 70.146.070, 43.155.070, 47.26.086,343.21C.420, 36.70A.490, and 82.02.060; adding new sections to chapter436.70A RCW; adding a new section to chapter 43.21C RCW; adding a new5section to chapter 35.21 RCW; adding a new section to chapter 35A.216RCW; providing an effective date; and providing an expiration date.7

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:8

NEW SECTION. Sec. 1. A new section is added to chapter 36.70A9RCW to read as follows:10

(1) A city planning pursuant to RCW 36.70A.040 with a population11greater than ten thousand shall take two or more of the following12actions by December 31, 2022, in order to increase its residential13building capacity, while seeking to avoid displacement of vulnerable14communities:15

(a) Authorize development of at least fifty residential units per16acre in locations that are located within one-half mile of a fixed17guideway transit station;18

(b) Authorize at least one duplex, triplex, or courtyard19apartment on each parcel in one or more zoning districts that permit20single-family residences unless a city documents a specific21

H-1907.3SUBSTITUTE HOUSE BILL 1923

State of Washington 66th Legislature 2019 Regular SessionBy House Environment & Energy (originally sponsored byRepresentatives Fitzgibbon, Macri, Appleton, Doglio, Dolan, Santos,and Frame)READ FIRST TIME 02/22/19.

p. 1 SHB 192370

infrastructure of physical constraint that would make this1requirement unfeasible for a particular parcel;2

(c) Require no more than one on-site parking space per two3dwelling units in multifamily zones that are located within one-half4mile of a fixed guideway transit station;5

(d) Authorize accessory dwelling units on all lots located in6zoning districts that permit single-family residences;7

(e) Adopt a planned action pursuant to RCW 43.21C.420;8(f) Adopt a planned action pursuant to RCW 43.21C.440(1)(b)(ii),9

except that an environmental impact statement pursuant to RCW1043.21C.030 is not required for such an action;11

(g) Adopt increases in categorical exemptions pursuant to RCW1243.21C.229 for residential or mixed-use development; and13

(h) Authorize a duplex on each corner lot within all zoning14districts that permit single-family residences.15

(2) A city planning pursuant to RCW 36.70A.040 with a population16greater than ten thousand shall take one or more of the following17actions by December 31, 2022, in order to increase housing18affordability, while seeking to avoid displacement of vulnerable19communities:20

(a) Adopt an inclusionary zoning program, in which twenty-five21percent of the new housing capacity directed by this act consists of22affordable housing;23

(b) Provide surplus property to be used for affordable housing24pursuant to RCW 39.33.015; or25

(c) Enact an affordable housing levy pursuant to RCW 84.52.105.26(3) A city may rely on actions that take effect on or after27

January 1, 2015, for purposes of compliance with subsections (1) and28(2) of this section.29

(4) A city that is subject to subsections (1) and (2) of this30section that fails to comply with subsections (1) and (2) of this31section by December 31, 2022, shall update the housing element of its32comprehensive plan as required by section 2 of this act.33

(5) Amendments to development regulations and other nonproject34actions taken by a city to comply with subsections (1) and (2) of35this section are categorically exempt from the requirements of36chapter 43.21C RCW.37

(6)(a) A city that is subject to the requirements of subsections38(1) and (2) of this section shall certify to the department once it39

p. 2 SHB 192371

has complied with the requirements of subsections (1) and (2) of this1section.2

(b) When the department receives a certification from a city3pursuant to (a) of this subsection (6), the department shall confirm4the accuracy of the certification. Once the department has confirmed5the accuracy of the certification, the department shall issue a6letter verifying the city's compliance.7

(c) A city that has received a letter of verification from the8department is eligible to receive a one-time grant of one hundred9thousand dollars from the department in order to support planning and10outreach efforts.11

(7) A city that is subject to the requirements of subsections (1)12and (2) of this section that fails to comply with subsections (1) and13(2) of this section by December 31, 2022, may not receive grants,14loans, or any other form of funding from the following accounts until15the city certifies to the department, and the department verifies,16that the city has complied with subsections (1) and (2) of this17section: The public works assistance account established in RCW1843.155.050; the water quality capital account created in RCW1970.146.100; and the transportation improvement account created in RCW2047.26.084.21

(8) In meeting the requirements of subsections (1) and (2) of22this section, cities are encouraged to utilize strategies that23increase residential building capacity in areas with frequent transit24service and with the transportation and utility infrastructure that25supports the additional residential building capacity.26

NEW SECTION. Sec. 2. A new section is added to chapter 36.70A27RCW to read as follows:28

(1) In addition to the requirements set forth in RCW2936.70A.070(2) for the housing element of a comprehensive plan, the30cities described in subsection (2) of this section shall update the31housing element of their comprehensive plan as described in32subsection (3) of this section.33

(2) This section applies to cities that are subject to section 134(1) and (2) of this act but that fail to comply with the requirements35of those subsections by December 31, 2022.36

(3) The housing element must:37(a) Quantify existing and projected housing needs for all income38

levels, including extremely low-income households, with documentation39p. 3 SHB 192372

of housing and household characteristics, including housing stock1condition, overcrowding, and comparison of level of payment with2ability to pay;3

(b) Include policies, regulations, and programs to conserve and4preserve existing private market and subsidized affordable housing5and existing manufactured home parks;6

(c) In cities with populations of more than eighty thousand,7include policies, regulations, and programs to minimize displacement;8

(d) If the inventory in (a) of this subsection demonstrates a9lack of sufficient sites to accommodate housing needs for extremely10low-income, very low-income, and low-income households, include a11program to make sufficient sites available at multifamily densities12available for development;13

(e) Analyze population and employment trends, with documentation14of projections;15

(f) Provide a zone where emergency shelters are permitted without16a discretionary review process;17

(g) Include an eight-year schedule of programs and actions to18implement the policies of the housing element and to accommodate the19planned housing units, including incentives and funding for20affordable housing; and21

(h) Review and evaluate the previous housing element, including22an evaluation of success in attaining planned housing units,23achievement of goals and policies, and implementation of the schedule24of programs and actions.25

(4) The housing element update described in subsection (3) of26this section must be incorporated into the housing element of a27city's comprehensive plan by the next regularly scheduled28comprehensive plan update as provided in RCW 36.70A.130.29

(5) The department shall review and, if compliant with the30requirements of this section and any other applicable requirements31within this chapter, approve the housing element of a city's32comprehensive plan after each periodic review required under RCW3336.70A.130.34

Sec. 3. RCW 36.70A.280 and 2014 c 147 s 3 are each amended to35read as follows:36

(1) The growth management hearings board shall hear and determine37only those petitions alleging either:38

p. 4 SHB 192373

(a) That, except as provided otherwise by this subsection, a1state agency, county, or city planning under this chapter is not in2compliance with the requirements of this chapter, chapter 90.58 RCW3as it relates to the adoption of shoreline master programs or4amendments thereto, or chapter 43.21C RCW as it relates to plans,5development regulations, or amendments, adopted under RCW 36.70A.0406or chapter 90.58 RCW. Nothing in this subsection authorizes the board7to hear petitions alleging noncompliance with RCW 36.70A.5801;8

(b) That the twenty-year growth management planning population9projections adopted by the office of financial management pursuant to10RCW 43.62.035 should be adjusted;11

(c) That the approval of a work plan adopted under RCW1236.70A.735(1)(a) is not in compliance with the requirements of the13program established under RCW 36.70A.710;14

(d) That regulations adopted under RCW 36.70A.735(1)(b) are not15regionally applicable and cannot be adopted, wholly or partially, by16another jurisdiction;17

(e) That a department certification under RCW 36.70A.735(1)(c) is18erroneous; ((or))19

(f) That a department certification of the housing element under20section 2 of this act is erroneous; or21

(g) That a department determination under RCW 36.70A.060(1)(d) is22erroneous.23

(2) A petition may be filed only by: (a) The state, or a county24or city that plans under this chapter; (b) a person who has25participated orally or in writing before the county or city regarding26the matter on which a review is being requested; (c) a person who is27certified by the governor within sixty days of filing the request28with the board; or (d) a person qualified pursuant to RCW 34.05.530.29

(3) For purposes of this section "person" means any individual,30partnership, corporation, association, state agency, governmental31subdivision or unit thereof, or public or private organization or32entity of any character.33

(4) To establish participation standing under subsection (2)(b)34of this section, a person must show that his or her participation35before the county or city was reasonably related to the person's36issue as presented to the board.37

(5) When considering a possible adjustment to a growth management38planning population projection prepared by the office of financial39

p. 5 SHB 192374

management, the board shall consider the implications of any such1adjustment to the population forecast for the entire state.2

The rationale for any adjustment that is adopted by the board3must be documented and filed with the office of financial management4within ten working days after adoption.5

If adjusted by the board, a county growth management planning6population projection shall only be used for the planning purposes7set forth in this chapter and shall be known as the "board adjusted8population projection." None of these changes shall affect the9official state and county population forecasts prepared by the office10of financial management, which shall continue to be used for state11budget and planning purposes.12

Sec. 4. RCW 36.70A.280 and 2011 c 360 s 17 are each amended to13read as follows:14

(1) The growth management hearings board shall hear and determine15only those petitions alleging either:16

(a) That, except as provided otherwise by this subsection, a17state agency, county, or city planning under this chapter is not in18compliance with the requirements of this chapter, chapter 90.58 RCW19as it relates to the adoption of shoreline master programs or20amendments thereto, or chapter 43.21C RCW as it relates to plans,21development regulations, or amendments, adopted under RCW 36.70A.04022or chapter 90.58 RCW. Nothing in this subsection authorizes the board23to hear petitions alleging noncompliance with RCW 36.70A.5801;24

(b) That the twenty-year growth management planning population25projections adopted by the office of financial management pursuant to26RCW 43.62.035 should be adjusted;27

(c) That the approval of a work plan adopted under RCW2836.70A.735(1)(a) is not in compliance with the requirements of the29program established under RCW 36.70A.710;30

(d) That regulations adopted under RCW 36.70A.735(1)(b) are not31regionally applicable and cannot be adopted, wholly or partially, by32another jurisdiction; ((or))33

(e) That a department certification under RCW 36.70A.735(1)(c) is34erroneous; or35

(f) That a department certification of the housing element under36section 2 of this act is erroneous.37

(2) A petition may be filed only by: (a) The state, or a county38or city that plans under this chapter; (b) a person who has39

p. 6 SHB 192375

participated orally or in writing before the county or city regarding1the matter on which a review is being requested; (c) a person who is2certified by the governor within sixty days of filing the request3with the board; or (d) a person qualified pursuant to RCW 34.05.530.4

(3) For purposes of this section "person" means any individual,5partnership, corporation, association, state agency, governmental6subdivision or unit thereof, or public or private organization or7entity of any character.8

(4) To establish participation standing under subsection (2)(b)9of this section, a person must show that his or her participation10before the county or city was reasonably related to the person's11issue as presented to the board.12

(5) When considering a possible adjustment to a growth management13planning population projection prepared by the office of financial14management, the board shall consider the implications of any such15adjustment to the population forecast for the entire state.16

The rationale for any adjustment that is adopted by the board17must be documented and filed with the office of financial management18within ten working days after adoption.19

If adjusted by the board, a county growth management planning20population projection shall only be used for the planning purposes21set forth in this chapter and shall be known as the "board adjusted22population projection." None of these changes shall affect the23official state and county population forecasts prepared by the office24of financial management, which shall continue to be used for state25budget and planning purposes.26

Sec. 5. RCW 36.70A.290 and 2011 c 277 s 1 are each amended to27read as follows:28

(1) All requests for review to the growth management hearings29board shall be initiated by filing a petition that includes a30detailed statement of issues presented for resolution by the board.31The board shall render written decisions articulating the basis for32its holdings. The board shall not issue advisory opinions on issues33not presented to the board in the statement of issues, as modified by34any prehearing order.35

(2) All petitions relating to whether or not an adopted36comprehensive plan, development regulation, or permanent amendment37thereto, is in compliance with the goals and requirements of this38chapter or chapter 90.58 or 43.21C RCW must be filed within sixty39

p. 7 SHB 192376

days after publication as provided in (a) through (c) of this1subsection.2

(a) Except as provided in (c) of this subsection, the date of3publication for a city shall be the date the city publishes the4ordinance, or summary of the ordinance, adopting the comprehensive5plan or development regulations, or amendment thereto, as is required6to be published.7

(b) Promptly after adoption, a county shall publish a notice that8it has adopted the comprehensive plan or development regulations, or9amendment thereto.10

Except as provided in (c) of this subsection, for purposes of11this section the date of publication for a county shall be the date12the county publishes the notice that it has adopted the comprehensive13plan or development regulations, or amendment thereto.14

(c) For local governments planning under RCW 36.70A.040, promptly15after approval or disapproval of a local government's shoreline16master program or amendment thereto by the department of ecology as17provided in RCW 90.58.090, the department of ecology shall publish a18notice that the shoreline master program or amendment thereto has19been approved or disapproved. For purposes of this section, the date20of publication for the adoption or amendment of a shoreline master21program is the date the department of ecology publishes notice that22the shoreline master program or amendment thereto has been approved23or disapproved.24

(d) For local governments planning under RCW 36.70A.040, promptly25after approval or disapproval of a local government's housing element26by the department as provided in section 2 of this act, the27department shall publish a notice that the housing element has been28approved or disapproved. For purposes of this section, the date of29publication for the adoption or amendment of a housing element is the30date that the department publishes notice that the housing element31has been approved or disapproved.32

(3) Unless the board dismisses the petition as frivolous or finds33that the person filing the petition lacks standing, or the parties34have filed an agreement to have the case heard in superior court as35provided in RCW 36.70A.295, the board shall, within ten days of36receipt of the petition, set a time for hearing the matter.37

(4) The board shall base its decision on the record developed by38the city, county, or the state and supplemented with additional39evidence if the board determines that such additional evidence would40

p. 8 SHB 192377

be necessary or of substantial assistance to the board in reaching1its decision.2

(5) The board, shall consolidate, when appropriate, all petitions3involving the review of the same comprehensive plan or the same4development regulation or regulations.5

Sec. 6. RCW 36.70A.030 and 2017 3rd sp.s. c 18 s 2 are each6amended to read as follows:7

Unless the context clearly requires otherwise, the definitions in8this section apply throughout this chapter.9

(1) "Adopt a comprehensive land use plan" means to enact a new10comprehensive land use plan or to update an existing comprehensive11land use plan.12

(2) "Agricultural land" means land primarily devoted to the13commercial production of horticultural, viticultural, floricultural,14dairy, apiary, vegetable, or animal products or of berries, grain,15hay, straw, turf, seed, Christmas trees not subject to the excise tax16imposed by RCW 84.33.100 through 84.33.140, finfish in upland17hatcheries, or livestock, and that has long-term commercial18significance for agricultural production.19

(3) "City" means any city or town, including a code city.20(4) "Comprehensive land use plan," "comprehensive plan," or21

"plan" means a generalized coordinated land use policy statement of22the governing body of a county or city that is adopted pursuant to23this chapter.24

(5) "Critical areas" include the following areas and ecosystems:25(a) Wetlands; (b) areas with a critical recharging effect on aquifers26used for potable water; (c) fish and wildlife habitat conservation27areas; (d) frequently flooded areas; and (e) geologically hazardous28areas. "Fish and wildlife habitat conservation areas" does not29include such artificial features or constructs as irrigation delivery30systems, irrigation infrastructure, irrigation canals, or drainage31ditches that lie within the boundaries of and are maintained by a32port district or an irrigation district or company.33

(6) "Department" means the department of commerce.34(7) "Development regulations" or "regulation" means the controls35

placed on development or land use activities by a county or city,36including, but not limited to, zoning ordinances, critical areas37ordinances, shoreline master programs, official controls, planned38unit development ordinances, subdivision ordinances, and binding site39

p. 9 SHB 192378

plan ordinances together with any amendments thereto. A development1regulation does not include a decision to approve a project permit2application, as defined in RCW 36.70B.020, even though the decision3may be expressed in a resolution or ordinance of the legislative body4of the county or city.5

(8) "Forestland" means land primarily devoted to growing trees6for long-term commercial timber production on land that can be7economically and practically managed for such production, including8Christmas trees subject to the excise tax imposed under RCW 84.33.1009through 84.33.140, and that has long-term commercial significance. In10determining whether forestland is primarily devoted to growing trees11for long-term commercial timber production on land that can be12economically and practically managed for such production, the13following factors shall be considered: (a) The proximity of the land14to urban, suburban, and rural settlements; (b) surrounding parcel15size and the compatibility and intensity of adjacent and nearby land16uses; (c) long-term local economic conditions that affect the ability17to manage for timber production; and (d) the availability of public18facilities and services conducive to conversion of forestland to19other uses.20

(9) "Freight rail dependent uses" means buildings and other21infrastructure that are used in the fabrication, processing, storage,22and transport of goods where the use is dependent on and makes use of23an adjacent short line railroad. Such facilities are both urban and24rural development for purposes of this chapter. "Freight rail25dependent uses" does not include buildings and other infrastructure26that are used in the fabrication, processing, storage, and transport27of coal, liquefied natural gas, or "crude oil" as defined in RCW2890.56.010.29

(10) "Geologically hazardous areas" means areas that because of30their susceptibility to erosion, sliding, earthquake, or other31geological events, are not suited to the siting of commercial,32residential, or industrial development consistent with public health33or safety concerns.34

(11) "Long-term commercial significance" includes the growing35capacity, productivity, and soil composition of the land for long-36term commercial production, in consideration with the land's37proximity to population areas, and the possibility of more intense38uses of the land.39

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(12) "Minerals" include gravel, sand, and valuable metallic1substances.2

(13) "Public facilities" include streets, roads, highways,3sidewalks, street and road lighting systems, traffic signals,4domestic water systems, storm and sanitary sewer systems, parks and5recreational facilities, and schools.6

(14) "Public services" include fire protection and suppression,7law enforcement, public health, education, recreation, environmental8protection, and other governmental services.9

(15) "Recreational land" means land so designated under RCW1036.70A.1701 and that, immediately prior to this designation, was11designated as agricultural land of long-term commercial significance12under RCW 36.70A.170. Recreational land must have playing fields and13supporting facilities existing before July 1, 2004, for sports played14on grass playing fields.15

(16) "Rural character" refers to the patterns of land use and16development established by a county in the rural element of its17comprehensive plan:18

(a) In which open space, the natural landscape, and vegetation19predominate over the built environment;20

(b) That foster traditional rural lifestyles, rural-based21economies, and opportunities to both live and work in rural areas;22

(c) That provide visual landscapes that are traditionally found23in rural areas and communities;24

(d) That are compatible with the use of the land by wildlife and25for fish and wildlife habitat;26

(e) That reduce the inappropriate conversion of undeveloped land27into sprawling, low-density development;28

(f) That generally do not require the extension of urban29governmental services; and30

(g) That are consistent with the protection of natural surface31water flows and groundwater and surface water recharge and discharge32areas.33

(17) "Rural development" refers to development outside the urban34growth area and outside agricultural, forest, and mineral resource35lands designated pursuant to RCW 36.70A.170. Rural development can36consist of a variety of uses and residential densities, including37clustered residential development, at levels that are consistent with38the preservation of rural character and the requirements of the rural39

p. 11 SHB 192380

element. Rural development does not refer to agriculture or forestry1activities that may be conducted in rural areas.2

(18) "Rural governmental services" or "rural services" include3those public services and public facilities historically and4typically delivered at an intensity usually found in rural areas, and5may include domestic water systems, fire and police protection6services, transportation and public transit services, and other7public utilities associated with rural development and normally not8associated with urban areas. Rural services do not include storm or9sanitary sewers, except as otherwise authorized by RCW 36.70A.110(4).10

(19) "Short line railroad" means those railroad lines designated11class II or class III by the United States surface transportation12board.13

(20) "Urban governmental services" or "urban services" include14those public services and public facilities at an intensity15historically and typically provided in cities, specifically including16storm and sanitary sewer systems, domestic water systems, street17cleaning services, fire and police protection services, public18transit services, and other public utilities associated with urban19areas and normally not associated with rural areas.20

(21) "Urban growth" refers to growth that makes intensive use of21land for the location of buildings, structures, and impermeable22surfaces to such a degree as to be incompatible with the primary use23of land for the production of food, other agricultural products, or24fiber, or the extraction of mineral resources, rural uses, rural25development, and natural resource lands designated pursuant to RCW2636.70A.170. A pattern of more intensive rural development, as27provided in RCW 36.70A.070(5)(d), is not urban growth. When allowed28to spread over wide areas, urban growth typically requires urban29governmental services. "Characterized by urban growth" refers to land30having urban growth located on it, or to land located in relationship31to an area with urban growth on it as to be appropriate for urban32growth.33

(22) "Urban growth areas" means those areas designated by a34county pursuant to RCW 36.70A.110.35

(23) "Wetland" or "wetlands" means areas that are inundated or36saturated by surface water or groundwater at a frequency and duration37sufficient to support, and that under normal circumstances do38support, a prevalence of vegetation typically adapted for life in39saturated soil conditions. Wetlands generally include swamps,40

p. 12 SHB 192381

marshes, bogs, and similar areas. Wetlands do not include those1artificial wetlands intentionally created from nonwetland sites,2including, but not limited to, irrigation and drainage ditches,3grass-lined swales, canals, detention facilities, wastewater4treatment facilities, farm ponds, and landscape amenities, or those5wetlands created after July 1, 1990, that were unintentionally6created as a result of the construction of a road, street, or7highway. Wetlands may include those artificial wetlands intentionally8created from nonwetland areas created to mitigate conversion of9wetlands.10

(24) "Affordable housing" means, unless the context clearly11indicates otherwise, residential housing whose monthly costs,12including utilities other than telephone, do not exceed thirty13percent of the monthly income of a household whose income is sixty14percent of the median family income adjusted for family size, for the15county where the household is located, as reported by the United16States department of housing and urban development.17

(25) "Extremely low-income household" means a single person,18family, or unrelated persons living together whose adjusted income is19at or below thirty percent of the median family income adjusted for20family size, for the county where the household is located, as21reported by the United States department of housing and urban22development.23

(26) "Low-income household" means a single person, family, or24unrelated persons living together whose adjusted income is at or25below eighty percent of the median family income adjusted for family26size, for the county where the household is located, as reported by27the United States department of housing and urban development.28

(27) "Very low-income household" means a single person, family,29or unrelated persons living together whose adjusted income is at or30below fifty percent of the median family income adjusted for family31size, for the county where the household is located, as reported by32the United States department of housing and urban development.33

Sec. 7. RCW 43.21C.450 and 2012 1st sp.s. c 1 s 307 are each34amended to read as follows:35

The following nonproject actions are categorically exempt from36the requirements of this chapter:37

(1) Amendments to development regulations that are required to38ensure consistency with an adopted comprehensive plan pursuant to RCW39

p. 13 SHB 192382

36.70A.040, where the comprehensive plan was previously subjected to1environmental review pursuant to this chapter and the impacts2associated with the proposed regulation were specifically addressed3in the prior environmental review;4

(2) Amendments to development regulations that are required to5ensure consistency with a shoreline master program approved pursuant6to RCW 90.58.090, where the shoreline master program was previously7subjected to environmental review pursuant to this chapter and the8impacts associated with the proposed regulation were specifically9addressed in the prior environmental review;10

(3) Amendments to development regulations that, upon11implementation of a project action, will provide increased12environmental protection, limited to the following:13

(a) Increased protections for critical areas, such as enhanced14buffers or setbacks;15

(b) Increased vegetation retention or decreased impervious16surface areas in shoreline jurisdiction; and17

(c) Increased vegetation retention or decreased impervious18surface areas in critical areas;19

(4) Amendments to technical codes adopted by a county, city, or20town to ensure consistency with minimum standards contained in state21law, including the following:22

(a) Building codes required by chapter 19.27 RCW;23(b) Energy codes required by chapter 19.27A RCW; and24(c) Electrical codes required by chapter 19.28 RCW;25(5) Amendments to development regulations in order to comply with26

section 1 of this act.27

NEW SECTION. Sec. 8. A new section is added to chapter 36.70A28RCW to read as follows:29

In counties and cities planning under RCW 36.70A.040, minimum30residential parking requirements mandated by municipal zoning31ordinances are subject to the following requirements:32

(1) For affordable housing units that are located within one-33quarter mile of a transit stop that receives transit service at least34four times per hour for twelve or more hours per day, minimum35residential parking requirements may be no greater than one parking36space per bedroom.37

(2) For housing units that are specifically for seniors or people38with disabilities, that are located within one-quarter mile of a39

p. 14 SHB 192383

transit stop that receives transit service at least four times per1hour for twelve or more hours per day, no minimum residential parking2requirement may be imposed.3

Sec. 9. RCW 70.146.070 and 2013 c 275 s 4 are each amended to4read as follows:5

(1) When making grants or loans for water pollution control6facilities, the department shall consider the following:7

(a) The protection of water quality and public health;8(b) The cost to residential ratepayers if they had to finance9

water pollution control facilities without state assistance;10(c) Actions required under federal and state permits and11

compliance orders;12(d) The level of local fiscal effort by residential ratepayers13

since 1972 in financing water pollution control facilities;14(e) Except as otherwise conditioned by RCW 70.146.110, whether15

the entity receiving assistance is a Puget Sound partner, as defined16in RCW 90.71.010;17

(f) Whether the project is referenced in the action agenda18developed by the Puget Sound partnership under RCW 90.71.310;19

(g) Except as otherwise provided in RCW 70.146.120, and effective20one calendar year following the development and statewide21availability of model evergreen community management plans and22ordinances under RCW 35.105.050, whether the project is sponsored by23an entity that has been recognized, and what gradation of recognition24was received, in the evergreen community recognition program created25in RCW 35.105.030;26

(h) The extent to which the applicant county or city, or if the27applicant is another public body, the extent to which the county or28city in which the applicant public body is located, has established29programs to mitigate nonpoint pollution of the surface or30subterranean water sought to be protected by the water pollution31control facility named in the application for state assistance; and32

(i) The recommendations of the Puget Sound partnership, created33in RCW 90.71.210, and any other board, council, commission, or group34established by the legislature or a state agency to study water35pollution control issues in the state.36

(2) Except where necessary to address a public health need or37substantial environmental degradation, a county, city, or town38planning under RCW 36.70A.040 may not receive a grant or loan for39

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water pollution control facilities unless it has adopted a1comprehensive plan, including a capital facilities plan element, and2development regulations as required by RCW 36.70A.040. A county,3city, or town that has adopted a comprehensive plan and development4regulations as provided in RCW 36.70A.040 may request a grant or loan5for water pollution control facilities. This subsection does not6require any county, city, or town planning under RCW 36.70A.040 to7adopt a comprehensive plan or development regulations before8requesting a grant or loan under this chapter if such request is made9before the expiration of the time periods specified in RCW1036.70A.040. A county, city, or town planning under RCW 36.70A.04011that has not adopted a comprehensive plan and development regulations12within the time periods specified in RCW 36.70A.040 is not prohibited13from receiving a grant or loan under this chapter if the14comprehensive plan and development regulations are adopted as15required by RCW 36.70A.040 before the department executes a16contractual agreement for the grant or loan.17

(3) Whenever the department is considering awarding grants or18loans for public facilities to special districts requesting funding19for a proposed facility located in a county, city, or town planning20under RCW 36.70A.040, it shall consider whether the county, city, or21town planning under RCW 36.70A.040 in whose planning jurisdiction the22proposed facility is located has adopted a comprehensive plan and23development regulations as required by RCW 36.70A.040.24

(4) The department may not award a grant or loan for a public25facility located in a city subject to the requirements of section 126(1) and (2) of this act unless the city has certified to the27department of commerce that it is in compliance with section 1 (1)28and (2) of this act, as appropriate.29

(5) After January 1, 2010, any project designed to address the30effects of water pollution on Puget Sound may be funded under this31chapter only if the project is not in conflict with the action agenda32developed by the Puget Sound partnership under RCW 90.71.310.33

Sec. 10. RCW 43.155.070 and 2017 3rd sp.s. c 10 s 9 are each34amended to read as follows:35

(1) To qualify for financial assistance under this chapter the36board must determine that a local government meets all of the37following conditions:38

p. 16 SHB 192385

(a) The city or county must be imposing a tax under chapter 82.461RCW at a rate of at least one-quarter of one percent;2

(b) The local government must have developed a capital facility3plan; and4

(c) The local government must be using all local revenue sources5which are reasonably available for funding public works, taking into6consideration local employment and economic factors.7

(2) Except where necessary to address a public health need or8substantial environmental degradation, a county, city, or town9planning under RCW 36.70A.040 may not receive financial assistance10under this chapter unless it has adopted a comprehensive plan,11including a capital facilities plan element, and development12regulations as required by RCW 36.70A.040. This subsection does not13require any county, city, or town planning under RCW 36.70A.040 to14adopt a comprehensive plan or development regulations before15requesting or receiving financial assistance under this chapter if16such request is made before the expiration of the time periods17specified in RCW 36.70A.040. A county, city, or town planning under18RCW 36.70A.040 that has not adopted a comprehensive plan and19development regulations within the time periods specified in RCW2036.70A.040 may apply for and receive financial assistance under this21chapter if the comprehensive plan and development regulations are22adopted as required by RCW 36.70A.040 before executing a contractual23agreement for financial assistance with the board.24

(3) In considering awarding financial assistance for public25facilities to special districts requesting funding for a proposed26facility located in a county, city, or town planning under RCW2736.70A.040, the board must consider whether the county, city, or town28planning under RCW 36.70A.040 in whose planning jurisdiction the29proposed facility is located has adopted a comprehensive plan and30development regulations as required by RCW 36.70A.040.31

(4) The board may not award financial assistance for a proposed32facility located in a city subject to the requirements of section 133(1) and (2) of this act unless the city has certified to the34department of commerce that it is in compliance with section 1 (1)35and (2) of this act, as appropriate.36

(5)(a) The board must develop a process to prioritize37applications and funding of loans and grants for public works38projects submitted by local governments. The board must consider, at39

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a minimum and in any order, the following factors in prioritizing1projects:2

(i) Whether the project is critical in nature and would affect3the health and safety of many people;4

(ii) The extent to which the project leverages other funds;5(iii) The extent to which the project is ready to proceed to6

construction;7(iv) Whether the project is located in an area of high8

unemployment, compared to the average state unemployment;9(v) Whether the project promotes the sustainable use of resources10

and environmental quality, as applicable;11(vi) Whether the project consolidates or regionalizes systems;12(vii) Whether the project encourages economic development through13

mixed-use and mixed income development consistent with chapter 36.70A14RCW;15

(viii) Whether the system is being well-managed in the present16and for long-term sustainability;17

(ix) Achieving equitable distribution of funds by geography and18population;19

(x) The extent to which the project meets the following state20policy objectives:21

(A) Efficient use of state resources;22(B) Preservation and enhancement of health and safety;23(C) Abatement of pollution and protection of the environment;24(D) Creation of new, family-wage jobs, and avoidance of shifting25

existing jobs from one Washington state community to another;26(E) Fostering economic development consistent with chapter 36.70A27

RCW;28(F) Efficiency in delivery of goods and services and29

transportation; and30(G) Reduction of the overall cost of public infrastructure;31(xi) Whether the applicant sought or is seeking funding for the32

project from other sources; and33(xii) Other criteria that the board considers necessary to34

achieve the purposes of this chapter.35(b) Before September 1, 2018, and each year thereafter, the board36

must develop and submit a report regarding the construction loans and37grants to the office of financial management and appropriate fiscal38committees of the senate and house of representatives. The report39must include:40

p. 18 SHB 192387

(i) The total number of applications and amount of funding1requested for public works projects;2

(ii) A list and description of projects approved in the preceding3fiscal year with project scores against the board's prioritization4criteria;5

(iii) The total amount of loan and grants disbursements made from6the public works assistance account in the preceding fiscal year;7

(iv) The total amount of loan repayments in the preceding fiscal8year for outstanding loans from the public works assistance account;9

(v) The total amount of loan repayments due for outstanding loans10for each fiscal year over the following ten-year period; and11

(vi) The total amount of funds obligated and timing of when the12funds were obligated in the preceding fiscal year.13

(c) The maximum amount of funding that the board may provide for14any jurisdiction is ten million dollars per biennium.15

(((5))) (6) Existing debt or financial obligations of local16governments may not be refinanced under this chapter. Each local17government applicant must provide documentation of attempts to secure18additional local or other sources of funding for each public works19project for which financial assistance is sought under this chapter.20

(((6))) (7) Before September 1st of each year, the board must21develop and submit to the appropriate fiscal committees of the senate22and house of representatives a description of the loans and grants23made under RCW 43.155.065 and 43.155.068.24

(((7))) (8) The board may not sign contracts or otherwise25financially obligate funds from the public works assistance account26before the legislature has appropriated funds to the board for the27purpose of funding public works projects under this chapter.28

(((8))) (9) To qualify for loans, grants, or pledges for solid29waste or recycling facilities under this chapter, a city or county30must demonstrate that the solid waste or recycling facility is31consistent with and necessary to implement the comprehensive solid32waste management plan adopted by the city or county under chapter3370.95 RCW.34

(((9))) (10) After January 1, 2010, any project designed to35address the effects of stormwater or wastewater on Puget Sound may be36funded under this section only if the project is not in conflict with37the action agenda developed by the Puget Sound partnership under RCW3890.71.310.39

p. 19 SHB 192388

(((10))) (11) For projects involving repair, replacement, or1improvement of a wastewater treatment plant or other public works2facility for which an investment grade efficiency audit is reasonably3obtainable, the public works board must require as a contract4condition that the project sponsor undertake an investment grade5efficiency audit. The project sponsor may finance the costs of the6audit as part of its public works assistance account program loan or7grant.8

(((11))) (12) The board must implement policies and procedures9designed to maximize local government consideration of other funds to10finance local infrastructure.11

Sec. 11. RCW 47.26.086 and 2011 c 120 s 7 are each amended to12read as follows:13

Transportation improvement account projects selected for funding14programs after fiscal year 1995 are governed by the requirements of15this section.16

The board shall allocate funds from the account by June 30th of17each year for the ensuing fiscal year to urban counties, cities with18a population of five thousand and over, and to transportation benefit19districts. Projects may include, but are not limited to, multiagency20projects and arterial improvement projects in fast-growing areas. The21board shall endeavor to provide geographical diversity in selecting22improvement projects to be funded from the account.23

To be eligible to receive these funds, a project must be24consistent with the Growth Management Act, the Clean Air Act25including conformity, and the Commute Trip Reduction Law and26consideration must have been given to the project's relationship,27both actual and potential, with the statewide rail passenger program28and rapid mass transit. For a project located in a city that is29subject to the requirements of section 1 (1) and (2) of this act, the30city must certify to the department of commerce that it is in31compliance with section 1 (1) and (2) of this act, as appropriate, in32order for the project to be eligible to receive these funds. Projects33must be consistent with any adopted high capacity transportation34plan, must consider existing or reasonably foreseeable congestion35levels attributable to economic development or growth and all modes36of transportation and safety, and must be partially funded by local37government or private contributions, or a combination of such38contributions. Priority consideration shall be given to those39

p. 20 SHB 192389

projects with the greatest percentage of local or private1contribution, or both.2

Within one year after board approval of an application for3funding, the lead agency shall provide written certification to the4board of the pledged local and private funding for the phase of the5project approved. Funds allocated to an applicant that does not6certify its funding within one year after approval may be reallocated7by the board.8

NEW SECTION. Sec. 12. A new section is added to chapter 43.21C9RCW to read as follows:10

(1) A project action implementing section 1 of this act and11evaluated under this chapter by a city, town, or county planning12under RCW 36.70A.040 is exempt from appeals under this chapter on the13basis of the evaluation of or impacts to transportation elements of14the environment, so long as the project does not present significant15adverse impacts to the state-owned transportation system as16determined by the department of transportation and the project is:17

(a)(i) Consistent with a locally adopted transportation plan; or18(ii) Consistent with the transportation element of a19

comprehensive plan; and20(b)(i) A project for which traffic or parking impact fees are21

imposed pursuant to RCW 82.02.050 through 82.02.090; or22(ii) A project for which traffic or parking impacts are expressly23

mitigated by an ordinance, or ordinances, of general application24adopted by the city, town, or county.25

(2) For purposes of this section, "impacts to transportation26elements of the environment" include impacts to transportation27systems; vehicular traffic; waterborne, rail, and air traffic;28parking; movement or circulation of people or goods; and traffic29hazards.30

Sec. 13. RCW 43.21C.420 and 2010 c 153 s 2 are each amended to31read as follows:32

(1) Cities with a population greater than five thousand, in33accordance with their existing comprehensive planning and development34regulation authority under chapter 36.70A RCW, and in accordance with35this section, may adopt optional elements of their comprehensive36plans and optional development regulations that apply within37specified subareas of the cities, that are either:38

p. 21 SHB 192390

(a) Areas designated as mixed-use or urban centers in a land use1or transportation plan adopted by a regional transportation planning2organization; or3

(b) Areas within one-half mile of a major transit stop that are4zoned to have an average minimum density of fifteen dwelling units or5more per gross acre.6

(2) Cities located on the east side of the Cascade mountains and7located in a county with a population of two hundred thirty thousand8or less, in accordance with their existing comprehensive planning and9development regulation authority under chapter 36.70A RCW, and in10accordance with this section, may adopt optional elements of their11comprehensive plans and optional development regulations that apply12within the mixed-use or urban centers. The optional elements of their13comprehensive plans and optional development regulations must enhance14pedestrian, bicycle, transit, or other nonvehicular transportation15methods.16

(3) A major transit stop is defined as:17(a) A stop on a high capacity transportation service funded or18

expanded under the provisions of chapter 81.104 RCW;19(b) Commuter rail stops;20(c) Stops on rail or fixed guideway systems, including21

transitways;22(d) Stops on bus rapid transit routes or routes that run on high23

occupancy vehicle lanes; or24(e) Stops for a bus or other transit mode providing fixed route25

service at intervals of at least thirty minutes during the peak hours26of operation.27

(4)(a) A city that elects to adopt such an optional comprehensive28plan element and optional development regulations shall prepare a29nonproject environmental impact statement, pursuant to RCW3043.21C.030, assessing and disclosing the probable significant adverse31environmental impacts of the optional comprehensive plan element and32development regulations and of future development that is consistent33with the plan and regulations.34

(b) At least one community meeting must be held on the proposed35subarea plan before the scoping notice for such a nonproject36environmental impact statement is issued. Notice of scoping for such37a nonproject environmental impact statement and notice of the38community meeting required by this section must be mailed to all39property owners of record within the subarea to be studied, to all40

p. 22 SHB 192391

property owners within one hundred fifty feet of the boundaries of1such a subarea, to all affected federally recognized tribal2governments whose ceded area is within one-half mile of the3boundaries of the subarea, and to agencies with jurisdiction over the4future development anticipated within the subarea.5

(c) ((In cities with over five hundred thousand residents, notice6of scoping for such a nonproject environmental impact statement and7notice of the community meeting required by this section must be8mailed to all small businesses as defined in RCW 19.85.020, and to9all community preservation and development authorities established10under chapter 43.167 RCW, located within the subarea to be studied or11within one hundred fifty feet of the boundaries of such subarea. The12process for community involvement must have the goal of fair13treatment and meaningful involvement of all people with respect to14the development and implementation of the subarea planning process.15

(d))) The notice of the community meeting must include general16illustrations and descriptions of buildings generally representative17of the maximum building envelope that will be allowed under the18proposed plan and indicate that future appeals of proposed19developments that are consistent with the plan will be limited.20Notice of the community meeting must include signs located on major21travel routes in the subarea. If the building envelope increases22during the process, another notice complying with the requirements of23this section must be issued before the next public involvement24opportunity.25

(((e))) (d) Any person that has standing to appeal the adoption26of this subarea plan or the implementing regulations under RCW2736.70A.280 has standing to bring an appeal of the nonproject28environmental impact statement required by this subsection.29

(((f) Cities with over five hundred thousand residents shall30prepare a study that accompanies or is appended to the nonproject31environmental impact statement, but must not be part of that32statement, that analyzes the extent to which the proposed subarea33plan may result in the displacement or fragmentation of existing34businesses, existing residents, including people living with poverty,35families with children, and intergenerational households, or cultural36groups within the proposed subarea plan. The city shall also discuss37the results of the analysis at the community meeting.38

(g))) (e) As an incentive for development authorized under this39section, a city shall consider establishing a transfer of development40

p. 23 SHB 192392

rights program in consultation with the county where the city is1located, that conserves county-designated agricultural and forestland2of long-term commercial significance. If the city decides not to3establish a transfer of development rights program, the city must4state in the record the reasons for not adopting the program. The5city's decision not to establish a transfer of development rights6program is not subject to appeal. Nothing in this subsection (4)7(((g))) (e) may be used as a basis to challenge the optional8comprehensive plan or subarea plan policies authorized under this9section.10

(5)(a) Until July 1, ((2018)) 2029, a proposed development that11meets the criteria of (b) of this subsection may not be challenged in12administrative or judicial appeals for noncompliance with this13chapter as long as a complete application for such a development that14vests the application or would later lead to vested status under city15or state law is submitted to the city within a time frame established16by the city, but not to exceed the following time frames:17

(i) Nineteen years from the date of issuance of the final18environmental impact statement, for projects that are consistent with19an optional element adopted by a city as of the effective date of20this section; or21

(ii) Ten years from the date of issuance of the final22environmental impact statement, for projects that are consistent with23an optional element adopted by a city after the effective date of24this section.25

(b) A proposed development may not be challenged, consistent with26the timelines established in (a) of this subsection, so long as the27development:28

(i) Is consistent with the optional comprehensive plan or subarea29plan policies and development regulations adopted under subsection30(1) or (2) of this section;31

(ii) Sets aside or requires the occupancy of at least ten percent32of the dwelling units, or a greater percentage as determined by city33development regulations, within the development for low-income34households at a sale price or rental amount that is considered35affordable by a city's housing programs. This subsection (5)(b)(ii)36applies only to projects that are consistent with an optional element37adopted by a city pursuant to this section after the effective date38of this section; and ((that))39

p. 24 SHB 192393

(iii) Is environmentally reviewed under subsection (4) of this1section ((may not be challenged in administrative or judicial appeals2for noncompliance with this chapter as long as a complete application3for such a development that vests the application or would later lead4to vested status under city or state law is submitted to the city5within a time frame established by the city, but not to exceed ten6years from the date of issuance of the final environmental impact7statement)).8

(((b))) (c) After July 1, ((2018)) 2029, the immunity from9appeals under this chapter of any application that vests or will vest10under this subsection or the ability to vest under this subsection is11still valid, provided that the final subarea environmental impact12statement is issued by July 1, ((2018)) 2029. After July 1, ((2018))132029, a city may continue to collect reimbursement fees under14subsection (6) of this section for the proportionate share of a15subarea environmental impact statement issued prior to July 1,16((2018)) 2029.17

(6) It is recognized that a city that prepares a nonproject18environmental impact statement under subsection (4) of this section19must endure a substantial financial burden. A city may recover or20apply for a grant or loan to prospectively cover its reasonable21expenses of preparation of a nonproject environmental impact22statement prepared under subsection (4) of this section through23access to financial assistance under RCW 36.70A.490 or funding from24private sources. In addition, a city is authorized to recover a25portion of its reasonable expenses of preparation of such a26nonproject environmental impact statement by the assessment of27reasonable and proportionate fees upon subsequent development that is28consistent with the plan and development regulations adopted under29subsection (5) of this section, as long as the development makes use30of and benefits (([from])) from, as described in subsection (5) of31this section, ((from)) the nonproject environmental impact statement32prepared by the city. Any assessment fees collected from subsequent33development may be used to reimburse funding received from private34sources. In order to collect such fees, the city must enact an35ordinance that sets forth objective standards for determining how the36fees to be imposed upon each development will be proportionate to the37impacts of each development and to the benefits accruing to each38development from the nonproject environmental impact statement. Any39disagreement about the reasonableness or amount of the fees imposed40

p. 25 SHB 192394

upon a development may not be the basis for delay in issuance of a1project permit for that development. The fee assessed by the city may2be paid with the written stipulation "paid under protest" and if the3city provides for an administrative appeal of its decision on the4project for which the fees are imposed, any dispute about the amount5of the fees must be resolved in the same administrative appeal6process.7

(7) If a proposed development is inconsistent with the optional8comprehensive plan or subarea plan policies and development9regulations adopted under subsection (1) of this section, the city10shall require additional environmental review in accordance with this11chapter.12

Sec. 14. RCW 36.70A.490 and 2012 1st sp.s. c 1 s 309 are each13amended to read as follows:14

The growth management planning and environmental review fund is15hereby established in the state treasury. Moneys may be placed in the16fund from the proceeds of bond sales, tax revenues, budget transfers,17federal appropriations, gifts, or any other lawful source. Moneys in18the fund may be spent only after appropriation. Moneys in the fund19shall be used to make grants or loans to local governments for the20purposes set forth in RCW 43.21C.240, 43.21C.031, or 36.70A.500, and21to cover costs associated with the adoption of optional elements of22comprehensive plans consistent with RCW 43.21C.420. Any payment of23either principal or interest, or both, derived from loans made from24this fund must be deposited into the fund.25

NEW SECTION. Sec. 15. A new section is added to chapter 35.2126RCW to read as follows:27

Permanent supportive housing shall be a permitted use in all28areas where multifamily housing is permitted.29

NEW SECTION. Sec. 16. A new section is added to chapter 35A.2130RCW to read as follows:31

Permanent supportive housing shall be a permitted use in all32areas where multifamily housing is permitted.33

Sec. 17. RCW 82.02.060 and 2012 c 200 s 1 are each amended to34read as follows:35

The local ordinance by which impact fees are imposed:36p. 26 SHB 192395

(1) Shall include a schedule of impact fees which shall be1adopted for each type of development activity that is subject to2impact fees, specifying the amount of the impact fee to be imposed3for each type of system improvement. The schedule shall be based upon4a formula or other method of calculating such impact fees. In5determining proportionate share, the formula or other method of6calculating impact fees shall incorporate, among other things, the7following:8

(a) The cost of public facilities necessitated by new9development;10

(b) An adjustment to the cost of the public facilities for past11or future payments made or reasonably anticipated to be made by new12development to pay for particular system improvements in the form of13user fees, debt service payments, taxes, or other payments earmarked14for or proratable to the particular system improvement;15

(c) The availability of other means of funding public facility16improvements;17

(d) The cost of existing public facilities improvements; and18(e) The methods by which public facilities improvements were19

financed;20(2) May provide an exemption for low-income housing, and other21

development activities with broad public purposes, from these impact22fees, provided that the impact fees for such development activity23shall be paid from public funds other than impact fee accounts;24

(3) May provide an exemption from impact fees for low-income25housing. Local governments that grant exemptions for low-income26housing under this subsection (3) may either: Grant a partial27exemption of not more than eighty percent of impact fees, in which28case there is no explicit requirement to pay the exempted portion of29the fee from public funds other than impact fee accounts; or provide30a full waiver, in which case the remaining percentage of the exempted31fee must be paid from public funds other than impact fee accounts. An32exemption for low-income housing granted under subsection (2) of this33section or this subsection (3) must be conditioned upon requiring the34developer to record a covenant that, except as provided otherwise by35this subsection, prohibits using the property for any purpose other36than for low-income housing. At a minimum, the covenant must address37price restrictions and household income limits for the low-income38housing, and that if the property is converted to a use other than39for low-income housing, the property owner must pay the applicable40

p. 27 SHB 192396

impact fees in effect at the time of conversion. Covenants required1by this subsection must be recorded with the applicable county2auditor or recording officer. A local government granting an3exemption under subsection (2) of this section or this subsection (3)4for low-income housing may not collect revenue lost through granting5an exemption by increasing impact fees unrelated to the exemption. A6school district who receives school impact fees must approve any7exemption under subsection (2) of this section or this subsection8(3);9

(4) May not charge a higher per unit fee for multifamily10residential construction than for single-family residential11construction;12

(5) Shall provide a credit for the value of any dedication of13land for, improvement to, or new construction of any system14improvements provided by the developer, to facilities that are15identified in the capital facilities plan and that are required by16the county, city, or town as a condition of approving the development17activity;18

(((5))) (6) Shall allow the county, city, or town imposing the19impact fees to adjust the standard impact fee at the time the fee is20imposed to consider unusual circumstances in specific cases to ensure21that impact fees are imposed fairly;22

(((6))) (7) Shall include a provision for calculating the amount23of the fee to be imposed on a particular development that permits24consideration of studies and data submitted by the developer to25adjust the amount of the fee;26

(((7))) (8) Shall establish one or more reasonable service areas27within which it shall calculate and impose impact fees for various28land use categories per unit of development; ((and29

(8))) (9) May provide for the imposition of an impact fee for30system improvement costs previously incurred by a county, city, or31town to the extent that new growth and development will be served by32the previously constructed improvements provided such fee shall not33be imposed to make up for any system improvement deficiencies; and34

(10) May not impose impact fees that cumulatively amount to more35than fifty thousand dollars for any single-family residential36project.37

For purposes of this section, "low-income housing" means housing38with a monthly housing expense, that is no greater than thirty39percent of eighty percent of the median family income adjusted for40

p. 28 SHB 192397

family size, for the county where the project is located, as reported1by the United States department of housing and urban development.2

NEW SECTION. Sec. 18. Section 4 of this act takes effect3December 31, 2020.4

NEW SECTION. Sec. 19. Section 3 of this act expires December531, 2020.6

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p. 29 SHB 192398

AN ACT Relating to increasing urban residential building1capacity; amending RCW 36.70A.280, 36.70A.280, 36.70A.290,236.70A.030, 43.21C.450, 70.146.070, 43.155.070, 47.26.086,343.21C.420, 36.70A.490, and 82.02.060; adding new sections to chapter436.70A RCW; adding a new section to chapter 43.21C RCW; adding a new5section to chapter 35.21 RCW; adding a new section to chapter 35A.216RCW; creating a new section; providing an effective date; and7providing an expiration date.8

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:9

NEW SECTION. Sec. 1. A new section is added to chapter 36.70A10RCW to read as follows:11

(1) A city planning pursuant to RCW 36.70A.040 with a population12greater than ten thousand shall take two or more of the following13actions by December 31, 2022, in order to increase its residential14building capacity, while seeking to avoid displacement of vulnerable15communities:16

(a) Authorize development of an average of at least fifty17residential units per acre in one or more areas of not fewer than18five hundred acres that include one or more transit stations, as19defined in RCW 9.91.025, served by commuter rail or light rail;20

H-2217.1SECOND SUBSTITUTE HOUSE BILL 1923

State of Washington 66th Legislature 2019 Regular SessionBy House Appropriations (originally sponsored by RepresentativesFitzgibbon, Macri, Appleton, Doglio, Dolan, Santos, and Frame)READ FIRST TIME 03/01/19.

p. 1 2SHB 192399

(b) Authorize development of an average of at least twenty-five1residential units per acre in one or more areas of not fewer than2five hundred acres that include one or more transit stations, as3defined in RCW 9.91.025, served by scheduled bus service of at least4four times per hour for twelve or more hours per day;5

(c) Authorize at least one duplex, triplex, or courtyard6apartment on each parcel in one or more zoning districts that permit7single-family residences unless a city documents a specific8infrastructure of physical constraint that would make this9requirement unfeasible for a particular parcel;10

(d) Authorize cluster zoning or lot size averaging in all zoning11districts that permit single-family residences;12

(e) Require no more than one on-site parking space per two13dwelling units in multifamily zones that are located within one-half14mile of a fixed guideway transit station;15

(f) Authorize accessory dwelling units on all lots located in16zoning districts that permit single-family residences;17

(g) Adopt a planned action pursuant to RCW 43.21C.420;18(h) Adopt a planned action pursuant to RCW 43.21C.440(1)(b)(ii),19

except that an environmental impact statement pursuant to RCW2043.21C.030 is not required for such an action;21

(i) Adopt increases in categorical exemptions pursuant to RCW2243.21C.229 for residential or mixed-use development;23

(j) Adopt a policy to certify project permit applications as24counter complete within fourteen days of submittal. "Counter25complete" means a city official has determined that all elements26necessary to begin processing a project permit application are27present, but does not mean that the city has certified that all28necessary information is present for full processing, nor does it29mean that the application is a complete application for the purposes30of RCW 36.70B.070;31

(k) Adopt a form-based code in one or more zoning districts that32permit residential uses. "Form-based code" means a land development33regulation that uses physical form, rather than separation of use, as34the organizing principle for the code; and35

(l) Authorize a duplex on each corner lot within all zoning36districts that permit single-family residences.37

(2) A city planning pursuant to RCW 36.70A.040 with a population38greater than ten thousand shall take one or more of the following39actions by December 31, 2022, in order to increase housing40

p. 2 2SHB 1923100

affordability, while seeking to avoid displacement of vulnerable1communities:2

(a) Adopt an inclusionary zoning program, in which ten percent of3the new housing capacity directed by this act consists of affordable4housing;5

(b) Provide surplus property to be used for affordable housing6pursuant to RCW 39.33.015; or7

(c) Enact an affordable housing levy pursuant to RCW 84.52.105.8(3) A city may rely on actions that take effect on or after9

January 1, 2013, for purposes of compliance with subsections (1) and10(2) of this section.11

(4) A city that is subject to subsections (1) and (2) of this12section may choose instead to update the housing element of its13comprehensive plan as required by section 2 of this act. A city that14is subject to subsections (1) and (2) of this section that fails to15comply with subsections (1) and (2) of this section by December 31,162022, shall update the housing element of its comprehensive plan as17required by section 2 of this act.18

(5) Amendments to development regulations and other nonproject19actions taken by a city to comply with subsections (1) and (2) of20this section are categorically exempt from the requirements of21chapter 43.21C RCW.22

(6) A city that is subject to the requirements of subsections (1)23and (2) of this section shall certify to the department once it has24complied with the requirements of subsections (1) and (2) of this25section.26

(7) A city that is subject to the requirements of subsections (1)27and (2) of this section that fails to comply with subsections (1) and28(2) of this section by December 31, 2022, may not receive grants,29loans, or any other form of funding from the following accounts until30the city certifies to the funding authority, as part of its request31for funding, that the city has complied with subsections (1) and (2)32of this section: The public works assistance account established in33RCW 43.155.050; the water quality capital account created in RCW3470.146.100; and the transportation improvement account created in RCW3547.26.084. A city that is subject to the requirements of subsections36(1) and (2) of this section but that chooses instead to update the37housing element of its comprehensive plan as required by section 2 of38this act is not barred by this section from receiving grants, loans,39or other forms of funding from these accounts.40

p. 3 2SHB 1923101

(8) In meeting the requirements of subsections (1) and (2) of1this section, cities are encouraged to utilize strategies that2increase residential building capacity in areas with frequent transit3service and with the transportation and utility infrastructure that4supports the additional residential building capacity.5

NEW SECTION. Sec. 2. A new section is added to chapter 36.70A6RCW to read as follows:7

(1) In addition to the requirements set forth in RCW836.70A.070(2) for the housing element of a comprehensive plan, the9cities described in subsection (2) of this section shall update the10housing element of their comprehensive plan as described in11subsection (3) of this section.12

(2) This section applies to cities that are subject to section 113(1) and (2) of this act but that fail to comply with the requirements14of those subsections by December 31, 2022 or that choose to update15the housing element of their comprehensive plan as described in this16section in place of taking the actions described in section 1 (1) and17(2) of this act.18

(3) The housing element must:19(a) Quantify existing and projected housing needs for all income20

levels, including extremely low-income households, with documentation21of housing and household characteristics, including housing stock22condition, overcrowding, and comparison of level of payment with23ability to pay;24

(b) Include policies, regulations, and programs to conserve and25preserve existing private market and subsidized affordable housing26and existing manufactured home parks;27

(c) In cities with populations of more than eighty thousand,28include policies, regulations, and programs to minimize displacement;29

(d) If the inventory in (a) of this subsection demonstrates a30lack of sufficient sites to accommodate housing needs for extremely31low-income, very low-income, and low-income households, include a32program to make sufficient sites available at multifamily densities33available for development;34

(e) Analyze population and employment trends, with documentation35of projections;36

(f) Include an eight-year schedule of programs and actions to37implement the policies of the housing element and to accommodate the38

p. 4 2SHB 1923102

planned housing units, including incentives and funding for1affordable housing; and2

(g) Review and evaluate the previous housing element, including3an evaluation of success in attaining planned housing units,4achievement of goals and policies, and implementation of the schedule5of programs and actions.6

(4) The housing element update described in subsection (3) of7this section must be incorporated into the housing element of a8city's comprehensive plan by the next regularly scheduled9comprehensive plan update as provided in RCW 36.70A.130.10

(5) The department shall review and, if compliant with the11requirements of this section and any other applicable requirements12within this chapter, approve the housing element of a city's13comprehensive plan after each periodic review required under RCW1436.70A.130.15

Sec. 3. RCW 36.70A.280 and 2014 c 147 s 3 are each amended to16read as follows:17

(1) The growth management hearings board shall hear and determine18only those petitions alleging either:19

(a) That, except as provided otherwise by this subsection, a20state agency, county, or city planning under this chapter is not in21compliance with the requirements of this chapter, chapter 90.58 RCW22as it relates to the adoption of shoreline master programs or23amendments thereto, or chapter 43.21C RCW as it relates to plans,24development regulations, or amendments, adopted under RCW 36.70A.04025or chapter 90.58 RCW. Nothing in this subsection authorizes the board26to hear petitions alleging noncompliance with RCW 36.70A.5801;27

(b) That the twenty-year growth management planning population28projections adopted by the office of financial management pursuant to29RCW 43.62.035 should be adjusted;30

(c) That the approval of a work plan adopted under RCW3136.70A.735(1)(a) is not in compliance with the requirements of the32program established under RCW 36.70A.710;33

(d) That regulations adopted under RCW 36.70A.735(1)(b) are not34regionally applicable and cannot be adopted, wholly or partially, by35another jurisdiction;36

(e) That a department certification under RCW 36.70A.735(1)(c) is37erroneous; ((or))38

p. 5 2SHB 1923103

(f) That a department certification of the housing element under1section 2 of this act is erroneous; or2

(g) That a department determination under RCW 36.70A.060(1)(d) is3erroneous.4

(2) A petition may be filed only by: (a) The state, or a county5or city that plans under this chapter; (b) a person who has6participated orally or in writing before the county or city regarding7the matter on which a review is being requested; (c) a person who is8certified by the governor within sixty days of filing the request9with the board; or (d) a person qualified pursuant to RCW 34.05.530.10

(3) For purposes of this section "person" means any individual,11partnership, corporation, association, state agency, governmental12subdivision or unit thereof, or public or private organization or13entity of any character.14

(4) To establish participation standing under subsection (2)(b)15of this section, a person must show that his or her participation16before the county or city was reasonably related to the person's17issue as presented to the board.18

(5) When considering a possible adjustment to a growth management19planning population projection prepared by the office of financial20management, the board shall consider the implications of any such21adjustment to the population forecast for the entire state.22

The rationale for any adjustment that is adopted by the board23must be documented and filed with the office of financial management24within ten working days after adoption.25

If adjusted by the board, a county growth management planning26population projection shall only be used for the planning purposes27set forth in this chapter and shall be known as the "board adjusted28population projection." None of these changes shall affect the29official state and county population forecasts prepared by the office30of financial management, which shall continue to be used for state31budget and planning purposes.32

Sec. 4. RCW 36.70A.280 and 2011 c 360 s 17 are each amended to33read as follows:34

(1) The growth management hearings board shall hear and determine35only those petitions alleging either:36

(a) That, except as provided otherwise by this subsection, a37state agency, county, or city planning under this chapter is not in38compliance with the requirements of this chapter, chapter 90.58 RCW39

p. 6 2SHB 1923104

as it relates to the adoption of shoreline master programs or1amendments thereto, or chapter 43.21C RCW as it relates to plans,2development regulations, or amendments, adopted under RCW 36.70A.0403or chapter 90.58 RCW. Nothing in this subsection authorizes the board4to hear petitions alleging noncompliance with RCW 36.70A.5801;5

(b) That the twenty-year growth management planning population6projections adopted by the office of financial management pursuant to7RCW 43.62.035 should be adjusted;8

(c) That the approval of a work plan adopted under RCW936.70A.735(1)(a) is not in compliance with the requirements of the10program established under RCW 36.70A.710;11

(d) That regulations adopted under RCW 36.70A.735(1)(b) are not12regionally applicable and cannot be adopted, wholly or partially, by13another jurisdiction; ((or))14

(e) That a department certification under RCW 36.70A.735(1)(c) is15erroneous; or16

(f) That a department certification of the housing element under17section 2 of this act is erroneous.18

(2) A petition may be filed only by: (a) The state, or a county19or city that plans under this chapter; (b) a person who has20participated orally or in writing before the county or city regarding21the matter on which a review is being requested; (c) a person who is22certified by the governor within sixty days of filing the request23with the board; or (d) a person qualified pursuant to RCW 34.05.530.24

(3) For purposes of this section "person" means any individual,25partnership, corporation, association, state agency, governmental26subdivision or unit thereof, or public or private organization or27entity of any character.28

(4) To establish participation standing under subsection (2)(b)29of this section, a person must show that his or her participation30before the county or city was reasonably related to the person's31issue as presented to the board.32

(5) When considering a possible adjustment to a growth management33planning population projection prepared by the office of financial34management, the board shall consider the implications of any such35adjustment to the population forecast for the entire state.36

The rationale for any adjustment that is adopted by the board37must be documented and filed with the office of financial management38within ten working days after adoption.39

p. 7 2SHB 1923105

If adjusted by the board, a county growth management planning1population projection shall only be used for the planning purposes2set forth in this chapter and shall be known as the "board adjusted3population projection." None of these changes shall affect the4official state and county population forecasts prepared by the office5of financial management, which shall continue to be used for state6budget and planning purposes.7

Sec. 5. RCW 36.70A.290 and 2011 c 277 s 1 are each amended to8read as follows:9

(1) All requests for review to the growth management hearings10board shall be initiated by filing a petition that includes a11detailed statement of issues presented for resolution by the board.12The board shall render written decisions articulating the basis for13its holdings. The board shall not issue advisory opinions on issues14not presented to the board in the statement of issues, as modified by15any prehearing order.16

(2) All petitions relating to whether or not an adopted17comprehensive plan, development regulation, or permanent amendment18thereto, is in compliance with the goals and requirements of this19chapter or chapter 90.58 or 43.21C RCW must be filed within sixty20days after publication as provided in (a) through (c) of this21subsection.22

(a) Except as provided in (c) of this subsection, the date of23publication for a city shall be the date the city publishes the24ordinance, or summary of the ordinance, adopting the comprehensive25plan or development regulations, or amendment thereto, as is required26to be published.27

(b) Promptly after adoption, a county shall publish a notice that28it has adopted the comprehensive plan or development regulations, or29amendment thereto.30

Except as provided in (c) of this subsection, for purposes of31this section the date of publication for a county shall be the date32the county publishes the notice that it has adopted the comprehensive33plan or development regulations, or amendment thereto.34

(c) For local governments planning under RCW 36.70A.040, promptly35after approval or disapproval of a local government's shoreline36master program or amendment thereto by the department of ecology as37provided in RCW 90.58.090, the department of ecology shall publish a38notice that the shoreline master program or amendment thereto has39

p. 8 2SHB 1923106

been approved or disapproved. For purposes of this section, the date1of publication for the adoption or amendment of a shoreline master2program is the date the department of ecology publishes notice that3the shoreline master program or amendment thereto has been approved4or disapproved.5

(d) For local governments planning under RCW 36.70A.040, promptly6after approval or disapproval of a local government's housing element7by the department as provided in section 2 of this act, the8department shall publish a notice that the housing element has been9approved or disapproved. For purposes of this section, the date of10publication for the adoption or amendment of a housing element is the11date that the department publishes notice that the housing element12has been approved or disapproved.13

(3) Unless the board dismisses the petition as frivolous or finds14that the person filing the petition lacks standing, or the parties15have filed an agreement to have the case heard in superior court as16provided in RCW 36.70A.295, the board shall, within ten days of17receipt of the petition, set a time for hearing the matter.18

(4) The board shall base its decision on the record developed by19the city, county, or the state and supplemented with additional20evidence if the board determines that such additional evidence would21be necessary or of substantial assistance to the board in reaching22its decision.23

(5) The board, shall consolidate, when appropriate, all petitions24involving the review of the same comprehensive plan or the same25development regulation or regulations.26

Sec. 6. RCW 36.70A.030 and 2017 3rd sp.s. c 18 s 2 are each27amended to read as follows:28

Unless the context clearly requires otherwise, the definitions in29this section apply throughout this chapter.30

(1) "Adopt a comprehensive land use plan" means to enact a new31comprehensive land use plan or to update an existing comprehensive32land use plan.33

(2) "Agricultural land" means land primarily devoted to the34commercial production of horticultural, viticultural, floricultural,35dairy, apiary, vegetable, or animal products or of berries, grain,36hay, straw, turf, seed, Christmas trees not subject to the excise tax37imposed by RCW 84.33.100 through 84.33.140, finfish in upland38

p. 9 2SHB 1923107

hatcheries, or livestock, and that has long-term commercial1significance for agricultural production.2

(3) "City" means any city or town, including a code city.3(4) "Comprehensive land use plan," "comprehensive plan," or4

"plan" means a generalized coordinated land use policy statement of5the governing body of a county or city that is adopted pursuant to6this chapter.7

(5) "Critical areas" include the following areas and ecosystems:8(a) Wetlands; (b) areas with a critical recharging effect on aquifers9used for potable water; (c) fish and wildlife habitat conservation10areas; (d) frequently flooded areas; and (e) geologically hazardous11areas. "Fish and wildlife habitat conservation areas" does not12include such artificial features or constructs as irrigation delivery13systems, irrigation infrastructure, irrigation canals, or drainage14ditches that lie within the boundaries of and are maintained by a15port district or an irrigation district or company.16

(6) "Department" means the department of commerce.17(7) "Development regulations" or "regulation" means the controls18

placed on development or land use activities by a county or city,19including, but not limited to, zoning ordinances, critical areas20ordinances, shoreline master programs, official controls, planned21unit development ordinances, subdivision ordinances, and binding site22plan ordinances together with any amendments thereto. A development23regulation does not include a decision to approve a project permit24application, as defined in RCW 36.70B.020, even though the decision25may be expressed in a resolution or ordinance of the legislative body26of the county or city.27

(8) "Forestland" means land primarily devoted to growing trees28for long-term commercial timber production on land that can be29economically and practically managed for such production, including30Christmas trees subject to the excise tax imposed under RCW 84.33.10031through 84.33.140, and that has long-term commercial significance. In32determining whether forestland is primarily devoted to growing trees33for long-term commercial timber production on land that can be34economically and practically managed for such production, the35following factors shall be considered: (a) The proximity of the land36to urban, suburban, and rural settlements; (b) surrounding parcel37size and the compatibility and intensity of adjacent and nearby land38uses; (c) long-term local economic conditions that affect the ability39to manage for timber production; and (d) the availability of public40

p. 10 2SHB 1923108

facilities and services conducive to conversion of forestland to1other uses.2

(9) "Freight rail dependent uses" means buildings and other3infrastructure that are used in the fabrication, processing, storage,4and transport of goods where the use is dependent on and makes use of5an adjacent short line railroad. Such facilities are both urban and6rural development for purposes of this chapter. "Freight rail7dependent uses" does not include buildings and other infrastructure8that are used in the fabrication, processing, storage, and transport9of coal, liquefied natural gas, or "crude oil" as defined in RCW1090.56.010.11

(10) "Geologically hazardous areas" means areas that because of12their susceptibility to erosion, sliding, earthquake, or other13geological events, are not suited to the siting of commercial,14residential, or industrial development consistent with public health15or safety concerns.16

(11) "Long-term commercial significance" includes the growing17capacity, productivity, and soil composition of the land for long-18term commercial production, in consideration with the land's19proximity to population areas, and the possibility of more intense20uses of the land.21

(12) "Minerals" include gravel, sand, and valuable metallic22substances.23

(13) "Public facilities" include streets, roads, highways,24sidewalks, street and road lighting systems, traffic signals,25domestic water systems, storm and sanitary sewer systems, parks and26recreational facilities, and schools.27

(14) "Public services" include fire protection and suppression,28law enforcement, public health, education, recreation, environmental29protection, and other governmental services.30

(15) "Recreational land" means land so designated under RCW3136.70A.1701 and that, immediately prior to this designation, was32designated as agricultural land of long-term commercial significance33under RCW 36.70A.170. Recreational land must have playing fields and34supporting facilities existing before July 1, 2004, for sports played35on grass playing fields.36

(16) "Rural character" refers to the patterns of land use and37development established by a county in the rural element of its38comprehensive plan:39

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(a) In which open space, the natural landscape, and vegetation1predominate over the built environment;2

(b) That foster traditional rural lifestyles, rural-based3economies, and opportunities to both live and work in rural areas;4

(c) That provide visual landscapes that are traditionally found5in rural areas and communities;6

(d) That are compatible with the use of the land by wildlife and7for fish and wildlife habitat;8

(e) That reduce the inappropriate conversion of undeveloped land9into sprawling, low-density development;10

(f) That generally do not require the extension of urban11governmental services; and12

(g) That are consistent with the protection of natural surface13water flows and groundwater and surface water recharge and discharge14areas.15

(17) "Rural development" refers to development outside the urban16growth area and outside agricultural, forest, and mineral resource17lands designated pursuant to RCW 36.70A.170. Rural development can18consist of a variety of uses and residential densities, including19clustered residential development, at levels that are consistent with20the preservation of rural character and the requirements of the rural21element. Rural development does not refer to agriculture or forestry22activities that may be conducted in rural areas.23

(18) "Rural governmental services" or "rural services" include24those public services and public facilities historically and25typically delivered at an intensity usually found in rural areas, and26may include domestic water systems, fire and police protection27services, transportation and public transit services, and other28public utilities associated with rural development and normally not29associated with urban areas. Rural services do not include storm or30sanitary sewers, except as otherwise authorized by RCW 36.70A.110(4).31

(19) "Short line railroad" means those railroad lines designated32class II or class III by the United States surface transportation33board.34

(20) "Urban governmental services" or "urban services" include35those public services and public facilities at an intensity36historically and typically provided in cities, specifically including37storm and sanitary sewer systems, domestic water systems, street38cleaning services, fire and police protection services, public39

p. 12 2SHB 1923110

transit services, and other public utilities associated with urban1areas and normally not associated with rural areas.2

(21) "Urban growth" refers to growth that makes intensive use of3land for the location of buildings, structures, and impermeable4surfaces to such a degree as to be incompatible with the primary use5of land for the production of food, other agricultural products, or6fiber, or the extraction of mineral resources, rural uses, rural7development, and natural resource lands designated pursuant to RCW836.70A.170. A pattern of more intensive rural development, as9provided in RCW 36.70A.070(5)(d), is not urban growth. When allowed10to spread over wide areas, urban growth typically requires urban11governmental services. "Characterized by urban growth" refers to land12having urban growth located on it, or to land located in relationship13to an area with urban growth on it as to be appropriate for urban14growth.15

(22) "Urban growth areas" means those areas designated by a16county pursuant to RCW 36.70A.110.17

(23) "Wetland" or "wetlands" means areas that are inundated or18saturated by surface water or groundwater at a frequency and duration19sufficient to support, and that under normal circumstances do20support, a prevalence of vegetation typically adapted for life in21saturated soil conditions. Wetlands generally include swamps,22marshes, bogs, and similar areas. Wetlands do not include those23artificial wetlands intentionally created from nonwetland sites,24including, but not limited to, irrigation and drainage ditches,25grass-lined swales, canals, detention facilities, wastewater26treatment facilities, farm ponds, and landscape amenities, or those27wetlands created after July 1, 1990, that were unintentionally28created as a result of the construction of a road, street, or29highway. Wetlands may include those artificial wetlands intentionally30created from nonwetland areas created to mitigate conversion of31wetlands.32

(24) "Affordable housing" means, unless the context clearly33indicates otherwise, residential housing whose monthly costs,34including utilities other than telephone, do not exceed thirty35percent of the monthly income of a household whose income is sixty36percent of the median household income adjusted for household size,37for the county where the household is located, as reported by the38United States department of housing and urban development.39

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(25) "Extremely low-income household" means a single person,1family, or unrelated persons living together whose adjusted income is2at or below thirty percent of the median household income adjusted3for household size, for the county where the household is located, as4reported by the United States department of housing and urban5development.6

(26) "Low-income household" means a single person, family, or7unrelated persons living together whose adjusted income is at or8below eighty percent of the median household income adjusted for9household size, for the county where the household is located, as10reported by the United States department of housing and urban11development.12

(27) "Very low-income household" means a single person, family,13or unrelated persons living together whose adjusted income is at or14below fifty percent of the median household income adjusted for15household size, for the county where the household is located, as16reported by the United States department of housing and urban17development.18

Sec. 7. RCW 43.21C.450 and 2012 1st sp.s. c 1 s 307 are each19amended to read as follows:20

The following nonproject actions are categorically exempt from21the requirements of this chapter:22

(1) Amendments to development regulations that are required to23ensure consistency with an adopted comprehensive plan pursuant to RCW2436.70A.040, where the comprehensive plan was previously subjected to25environmental review pursuant to this chapter and the impacts26associated with the proposed regulation were specifically addressed27in the prior environmental review;28

(2) Amendments to development regulations that are required to29ensure consistency with a shoreline master program approved pursuant30to RCW 90.58.090, where the shoreline master program was previously31subjected to environmental review pursuant to this chapter and the32impacts associated with the proposed regulation were specifically33addressed in the prior environmental review;34

(3) Amendments to development regulations that, upon35implementation of a project action, will provide increased36environmental protection, limited to the following:37

(a) Increased protections for critical areas, such as enhanced38buffers or setbacks;39

p. 14 2SHB 1923112

(b) Increased vegetation retention or decreased impervious1surface areas in shoreline jurisdiction; and2

(c) Increased vegetation retention or decreased impervious3surface areas in critical areas;4

(4) Amendments to technical codes adopted by a county, city, or5town to ensure consistency with minimum standards contained in state6law, including the following:7

(a) Building codes required by chapter 19.27 RCW;8(b) Energy codes required by chapter 19.27A RCW; and9(c) Electrical codes required by chapter 19.28 RCW;10(5) Amendments to development regulations in order to comply with11

section 1 of this act.12

NEW SECTION. Sec. 8. A new section is added to chapter 36.70A13RCW to read as follows:14

In counties and cities planning under RCW 36.70A.040, minimum15residential parking requirements mandated by municipal zoning16ordinances are subject to the following requirements:17

(1) For affordable housing units that are located within one-18quarter mile of a transit stop that receives transit service at least19four times per hour for twelve or more hours per day, minimum20residential parking requirements may be no greater than one parking21space per bedroom.22

(2) For housing units that are specifically for seniors or people23with disabilities, that are located within one-quarter mile of a24transit stop that receives transit service at least four times per25hour for twelve or more hours per day, no minimum residential parking26requirement may be imposed.27

Sec. 9. RCW 70.146.070 and 2013 c 275 s 4 are each amended to28read as follows:29

(1) When making grants or loans for water pollution control30facilities, the department shall consider the following:31

(a) The protection of water quality and public health;32(b) The cost to residential ratepayers if they had to finance33

water pollution control facilities without state assistance;34(c) Actions required under federal and state permits and35

compliance orders;36(d) The level of local fiscal effort by residential ratepayers37

since 1972 in financing water pollution control facilities;38p. 15 2SHB 1923113

(e) Except as otherwise conditioned by RCW 70.146.110, whether1the entity receiving assistance is a Puget Sound partner, as defined2in RCW 90.71.010;3

(f) Whether the project is referenced in the action agenda4developed by the Puget Sound partnership under RCW 90.71.310;5

(g) Except as otherwise provided in RCW 70.146.120, and effective6one calendar year following the development and statewide7availability of model evergreen community management plans and8ordinances under RCW 35.105.050, whether the project is sponsored by9an entity that has been recognized, and what gradation of recognition10was received, in the evergreen community recognition program created11in RCW 35.105.030;12

(h) The extent to which the applicant county or city, or if the13applicant is another public body, the extent to which the county or14city in which the applicant public body is located, has established15programs to mitigate nonpoint pollution of the surface or16subterranean water sought to be protected by the water pollution17control facility named in the application for state assistance; and18

(i) The recommendations of the Puget Sound partnership, created19in RCW 90.71.210, and any other board, council, commission, or group20established by the legislature or a state agency to study water21pollution control issues in the state.22

(2) Except where necessary to address a public health need or23substantial environmental degradation, a county, city, or town24planning under RCW 36.70A.040 may not receive a grant or loan for25water pollution control facilities unless it has adopted a26comprehensive plan, including a capital facilities plan element, and27development regulations as required by RCW 36.70A.040. A county,28city, or town that has adopted a comprehensive plan and development29regulations as provided in RCW 36.70A.040 may request a grant or loan30for water pollution control facilities. This subsection does not31require any county, city, or town planning under RCW 36.70A.040 to32adopt a comprehensive plan or development regulations before33requesting a grant or loan under this chapter if such request is made34before the expiration of the time periods specified in RCW3536.70A.040. A county, city, or town planning under RCW 36.70A.04036that has not adopted a comprehensive plan and development regulations37within the time periods specified in RCW 36.70A.040 is not prohibited38from receiving a grant or loan under this chapter if the39comprehensive plan and development regulations are adopted as40

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required by RCW 36.70A.040 before the department executes a1contractual agreement for the grant or loan.2

(3) Whenever the department is considering awarding grants or3loans for public facilities to special districts requesting funding4for a proposed facility located in a county, city, or town planning5under RCW 36.70A.040, it shall consider whether the county, city, or6town planning under RCW 36.70A.040 in whose planning jurisdiction the7proposed facility is located has adopted a comprehensive plan and8development regulations as required by RCW 36.70A.040.9

(4) The department may not award a grant or loan for a public10facility located in a city subject to the requirements of section 111(1) and (2) of this act unless the city has certified to the12department that it is in compliance with section 1 (1) and (2) of13this act.14

(5) After January 1, 2010, any project designed to address the15effects of water pollution on Puget Sound may be funded under this16chapter only if the project is not in conflict with the action agenda17developed by the Puget Sound partnership under RCW 90.71.310.18

Sec. 10. RCW 43.155.070 and 2017 3rd sp.s. c 10 s 9 are each19amended to read as follows:20

(1) To qualify for financial assistance under this chapter the21board must determine that a local government meets all of the22following conditions:23

(a) The city or county must be imposing a tax under chapter 82.4624RCW at a rate of at least one-quarter of one percent;25

(b) The local government must have developed a capital facility26plan; and27

(c) The local government must be using all local revenue sources28which are reasonably available for funding public works, taking into29consideration local employment and economic factors.30

(2) Except where necessary to address a public health need or31substantial environmental degradation, a county, city, or town32planning under RCW 36.70A.040 may not receive financial assistance33under this chapter unless it has adopted a comprehensive plan,34including a capital facilities plan element, and development35regulations as required by RCW 36.70A.040. This subsection does not36require any county, city, or town planning under RCW 36.70A.040 to37adopt a comprehensive plan or development regulations before38requesting or receiving financial assistance under this chapter if39

p. 17 2SHB 1923115

such request is made before the expiration of the time periods1specified in RCW 36.70A.040. A county, city, or town planning under2RCW 36.70A.040 that has not adopted a comprehensive plan and3development regulations within the time periods specified in RCW436.70A.040 may apply for and receive financial assistance under this5chapter if the comprehensive plan and development regulations are6adopted as required by RCW 36.70A.040 before executing a contractual7agreement for financial assistance with the board.8

(3) In considering awarding financial assistance for public9facilities to special districts requesting funding for a proposed10facility located in a county, city, or town planning under RCW1136.70A.040, the board must consider whether the county, city, or town12planning under RCW 36.70A.040 in whose planning jurisdiction the13proposed facility is located has adopted a comprehensive plan and14development regulations as required by RCW 36.70A.040.15

(4) The board may not award financial assistance for a proposed16facility located in a city subject to the requirements of section 117(1) and (2) of this act unless the city has certified to the board18that it is in compliance with section 1 (1) and (2) of this act.19

(5)(a) The board must develop a process to prioritize20applications and funding of loans and grants for public works21projects submitted by local governments. The board must consider, at22a minimum and in any order, the following factors in prioritizing23projects:24

(i) Whether the project is critical in nature and would affect25the health and safety of many people;26

(ii) The extent to which the project leverages other funds;27(iii) The extent to which the project is ready to proceed to28

construction;29(iv) Whether the project is located in an area of high30

unemployment, compared to the average state unemployment;31(v) Whether the project promotes the sustainable use of resources32

and environmental quality, as applicable;33(vi) Whether the project consolidates or regionalizes systems;34(vii) Whether the project encourages economic development through35

mixed-use and mixed income development consistent with chapter 36.70A36RCW;37

(viii) Whether the system is being well-managed in the present38and for long-term sustainability;39

p. 18 2SHB 1923116

(ix) Achieving equitable distribution of funds by geography and1population;2

(x) The extent to which the project meets the following state3policy objectives:4

(A) Efficient use of state resources;5(B) Preservation and enhancement of health and safety;6(C) Abatement of pollution and protection of the environment;7(D) Creation of new, family-wage jobs, and avoidance of shifting8

existing jobs from one Washington state community to another;9(E) Fostering economic development consistent with chapter 36.70A10

RCW;11(F) Efficiency in delivery of goods and services and12

transportation; and13(G) Reduction of the overall cost of public infrastructure;14(xi) Whether the applicant sought or is seeking funding for the15

project from other sources; and16(xii) Other criteria that the board considers necessary to17

achieve the purposes of this chapter.18(b) Before September 1, 2018, and each year thereafter, the board19

must develop and submit a report regarding the construction loans and20grants to the office of financial management and appropriate fiscal21committees of the senate and house of representatives. The report22must include:23

(i) The total number of applications and amount of funding24requested for public works projects;25

(ii) A list and description of projects approved in the preceding26fiscal year with project scores against the board's prioritization27criteria;28

(iii) The total amount of loan and grants disbursements made from29the public works assistance account in the preceding fiscal year;30

(iv) The total amount of loan repayments in the preceding fiscal31year for outstanding loans from the public works assistance account;32

(v) The total amount of loan repayments due for outstanding loans33for each fiscal year over the following ten-year period; and34

(vi) The total amount of funds obligated and timing of when the35funds were obligated in the preceding fiscal year.36

(c) The maximum amount of funding that the board may provide for37any jurisdiction is ten million dollars per biennium.38

(((5))) (6) Existing debt or financial obligations of local39governments may not be refinanced under this chapter. Each local40

p. 19 2SHB 1923117

government applicant must provide documentation of attempts to secure1additional local or other sources of funding for each public works2project for which financial assistance is sought under this chapter.3

(((6))) (7) Before September 1st of each year, the board must4develop and submit to the appropriate fiscal committees of the senate5and house of representatives a description of the loans and grants6made under RCW 43.155.065 and 43.155.068.7

(((7))) (8) The board may not sign contracts or otherwise8financially obligate funds from the public works assistance account9before the legislature has appropriated funds to the board for the10purpose of funding public works projects under this chapter.11

(((8))) (9) To qualify for loans, grants, or pledges for solid12waste or recycling facilities under this chapter, a city or county13must demonstrate that the solid waste or recycling facility is14consistent with and necessary to implement the comprehensive solid15waste management plan adopted by the city or county under chapter1670.95 RCW.17

(((9))) (10) After January 1, 2010, any project designed to18address the effects of stormwater or wastewater on Puget Sound may be19funded under this section only if the project is not in conflict with20the action agenda developed by the Puget Sound partnership under RCW2190.71.310.22

(((10))) (11) For projects involving repair, replacement, or23improvement of a wastewater treatment plant or other public works24facility for which an investment grade efficiency audit is reasonably25obtainable, the public works board must require as a contract26condition that the project sponsor undertake an investment grade27efficiency audit. The project sponsor may finance the costs of the28audit as part of its public works assistance account program loan or29grant.30

(((11))) (12) The board must implement policies and procedures31designed to maximize local government consideration of other funds to32finance local infrastructure.33

Sec. 11. RCW 47.26.086 and 2011 c 120 s 7 are each amended to34read as follows:35

Transportation improvement account projects selected for funding36programs after fiscal year 1995 are governed by the requirements of37this section.38

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The board shall allocate funds from the account by June 30th of1each year for the ensuing fiscal year to urban counties, cities with2a population of five thousand and over, and to transportation benefit3districts. Projects may include, but are not limited to, multiagency4projects and arterial improvement projects in fast-growing areas. The5board shall endeavor to provide geographical diversity in selecting6improvement projects to be funded from the account.7

To be eligible to receive these funds, a project must be8consistent with the Growth Management Act, the Clean Air Act9including conformity, and the Commute Trip Reduction Law and10consideration must have been given to the project's relationship,11both actual and potential, with the statewide rail passenger program12and rapid mass transit. For a project located in a city that is13subject to the requirements of section 1 (1) and (2) of this act, the14city must certify to the board that it is in compliance with section151 (1) and (2) of this act in order for the project to be eligible to16receive these funds. Projects must be consistent with any adopted17high capacity transportation plan, must consider existing or18reasonably foreseeable congestion levels attributable to economic19development or growth and all modes of transportation and safety, and20must be partially funded by local government or private21contributions, or a combination of such contributions. Priority22consideration shall be given to those projects with the greatest23percentage of local or private contribution, or both.24

Within one year after board approval of an application for25funding, the lead agency shall provide written certification to the26board of the pledged local and private funding for the phase of the27project approved. Funds allocated to an applicant that does not28certify its funding within one year after approval may be reallocated29by the board.30

NEW SECTION. Sec. 12. A new section is added to chapter 43.21C31RCW to read as follows:32

(1) A project action implementing section 1 of this act and33evaluated under this chapter by a city, town, or county planning34under RCW 36.70A.040 is exempt from appeals under this chapter on the35basis of the evaluation of or impacts to transportation elements of36the environment, so long as the project does not present significant37adverse impacts to the state-owned transportation system as38determined by the department of transportation and the project is:39

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(a)(i) Consistent with a locally adopted transportation plan; or1(ii) Consistent with the transportation element of a2

comprehensive plan; and3(b)(i) A project for which traffic or parking impact fees are4

imposed pursuant to RCW 82.02.050 through 82.02.090; or5(ii) A project for which traffic or parking impacts are expressly6

mitigated by an ordinance, or ordinances, of general application7adopted by the city, town, or county.8

(2) For purposes of this section, "impacts to transportation9elements of the environment" include impacts to transportation10systems; vehicular traffic; waterborne, rail, and air traffic;11parking; movement or circulation of people or goods; and traffic12hazards.13

Sec. 13. RCW 43.21C.420 and 2010 c 153 s 2 are each amended to14read as follows:15

(1) Cities with a population greater than five thousand, in16accordance with their existing comprehensive planning and development17regulation authority under chapter 36.70A RCW, and in accordance with18this section, may adopt optional elements of their comprehensive19plans and optional development regulations that apply within20specified subareas of the cities, that are either:21

(a) Areas designated as mixed-use or urban centers in a land use22or transportation plan adopted by a regional transportation planning23organization; or24

(b) Areas within one-half mile of a major transit stop that are25zoned to have an average minimum density of fifteen dwelling units or26more per gross acre.27

(2) Cities located on the east side of the Cascade mountains and28located in a county with a population of two hundred thirty thousand29or less, in accordance with their existing comprehensive planning and30development regulation authority under chapter 36.70A RCW, and in31accordance with this section, may adopt optional elements of their32comprehensive plans and optional development regulations that apply33within the mixed-use or urban centers. The optional elements of their34comprehensive plans and optional development regulations must enhance35pedestrian, bicycle, transit, or other nonvehicular transportation36methods.37

(3) A major transit stop is defined as:38

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(a) A stop on a high capacity transportation service funded or1expanded under the provisions of chapter 81.104 RCW;2

(b) Commuter rail stops;3(c) Stops on rail or fixed guideway systems, including4

transitways;5(d) Stops on bus rapid transit routes or routes that run on high6

occupancy vehicle lanes; or7(e) Stops for a bus or other transit mode providing fixed route8

service at intervals of at least thirty minutes during the peak hours9of operation.10

(4)(a) A city that elects to adopt such an optional comprehensive11plan element and optional development regulations shall prepare a12nonproject environmental impact statement, pursuant to RCW1343.21C.030, assessing and disclosing the probable significant adverse14environmental impacts of the optional comprehensive plan element and15development regulations and of future development that is consistent16with the plan and regulations.17

(b) At least one community meeting must be held on the proposed18subarea plan before the scoping notice for such a nonproject19environmental impact statement is issued. Notice of scoping for such20a nonproject environmental impact statement and notice of the21community meeting required by this section must be mailed to all22property owners of record within the subarea to be studied, to all23property owners within one hundred fifty feet of the boundaries of24such a subarea, to all affected federally recognized tribal25governments whose ceded area is within one-half mile of the26boundaries of the subarea, and to agencies with jurisdiction over the27future development anticipated within the subarea.28

(c) ((In cities with over five hundred thousand residents, notice29of scoping for such a nonproject environmental impact statement and30notice of the community meeting required by this section must be31mailed to all small businesses as defined in RCW 19.85.020, and to32all community preservation and development authorities established33under chapter 43.167 RCW, located within the subarea to be studied or34within one hundred fifty feet of the boundaries of such subarea. The35process for community involvement must have the goal of fair36treatment and meaningful involvement of all people with respect to37the development and implementation of the subarea planning process.38

(d))) The notice of the community meeting must include general39illustrations and descriptions of buildings generally representative40

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of the maximum building envelope that will be allowed under the1proposed plan and indicate that future appeals of proposed2developments that are consistent with the plan will be limited.3Notice of the community meeting must include signs located on major4travel routes in the subarea. If the building envelope increases5during the process, another notice complying with the requirements of6this section must be issued before the next public involvement7opportunity.8

(((e))) (d) Any person that has standing to appeal the adoption9of this subarea plan or the implementing regulations under RCW1036.70A.280 has standing to bring an appeal of the nonproject11environmental impact statement required by this subsection.12

(((f) Cities with over five hundred thousand residents shall13prepare a study that accompanies or is appended to the nonproject14environmental impact statement, but must not be part of that15statement, that analyzes the extent to which the proposed subarea16plan may result in the displacement or fragmentation of existing17businesses, existing residents, including people living with poverty,18families with children, and intergenerational households, or cultural19groups within the proposed subarea plan. The city shall also discuss20the results of the analysis at the community meeting.21

(g))) (e) As an incentive for development authorized under this22section, a city shall consider establishing a transfer of development23rights program in consultation with the county where the city is24located, that conserves county-designated agricultural and forestland25of long-term commercial significance. If the city decides not to26establish a transfer of development rights program, the city must27state in the record the reasons for not adopting the program. The28city's decision not to establish a transfer of development rights29program is not subject to appeal. Nothing in this subsection (4)30(((g))) (e) may be used as a basis to challenge the optional31comprehensive plan or subarea plan policies authorized under this32section.33

(5)(a) Until July 1, ((2018)) 2029, a proposed development that34meets the criteria of (b) of this subsection may not be challenged in35administrative or judicial appeals for noncompliance with this36chapter as long as a complete application for such a development that37vests the application or would later lead to vested status under city38or state law is submitted to the city within a time frame established39by the city, but not to exceed the following time frames:40

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(i) Nineteen years from the date of issuance of the final1environmental impact statement, for projects that are consistent with2an optional element adopted by a city as of the effective date of3this section; or4

(ii) Ten years from the date of issuance of the final5environmental impact statement, for projects that are consistent with6an optional element adopted by a city after the effective date of7this section.8

(b) A proposed development may not be challenged, consistent with9the timelines established in (a) of this subsection, so long as the10development:11

(i) Is consistent with the optional comprehensive plan or subarea12plan policies and development regulations adopted under subsection13(1) or (2) of this section;14

(ii) Sets aside or requires the occupancy of at least ten percent15of the dwelling units, or a greater percentage as determined by city16development regulations, within the development for low-income17households at a sale price or rental amount that is considered18affordable by a city's housing programs. This subsection (5)(b)(ii)19applies only to projects that are consistent with an optional element20adopted by a city pursuant to this section after the effective date21of this section; and ((that))22

(iii) Is environmentally reviewed under subsection (4) of this23section ((may not be challenged in administrative or judicial appeals24for noncompliance with this chapter as long as a complete application25for such a development that vests the application or would later lead26to vested status under city or state law is submitted to the city27within a time frame established by the city, but not to exceed ten28years from the date of issuance of the final environmental impact29statement)).30

(((b))) (c) After July 1, ((2018)) 2029, the immunity from31appeals under this chapter of any application that vests or will vest32under this subsection or the ability to vest under this subsection is33still valid, provided that the final subarea environmental impact34statement is issued by July 1, ((2018)) 2029. After July 1, ((2018))352029, a city may continue to collect reimbursement fees under36subsection (6) of this section for the proportionate share of a37subarea environmental impact statement issued prior to July 1,38((2018)) 2029.39

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(6) It is recognized that a city that prepares a nonproject1environmental impact statement under subsection (4) of this section2must endure a substantial financial burden. A city may recover or3apply for a grant or loan to prospectively cover its reasonable4expenses of preparation of a nonproject environmental impact5statement prepared under subsection (4) of this section through6access to financial assistance under RCW 36.70A.490 or funding from7private sources. In addition, a city is authorized to recover a8portion of its reasonable expenses of preparation of such a9nonproject environmental impact statement by the assessment of10reasonable and proportionate fees upon subsequent development that is11consistent with the plan and development regulations adopted under12subsection (5) of this section, as long as the development makes use13of and benefits (([from])) from, as described in subsection (5) of14this section, ((from)) the nonproject environmental impact statement15prepared by the city. Any assessment fees collected from subsequent16development may be used to reimburse funding received from private17sources. In order to collect such fees, the city must enact an18ordinance that sets forth objective standards for determining how the19fees to be imposed upon each development will be proportionate to the20impacts of each development and to the benefits accruing to each21development from the nonproject environmental impact statement. Any22disagreement about the reasonableness or amount of the fees imposed23upon a development may not be the basis for delay in issuance of a24project permit for that development. The fee assessed by the city may25be paid with the written stipulation "paid under protest" and if the26city provides for an administrative appeal of its decision on the27project for which the fees are imposed, any dispute about the amount28of the fees must be resolved in the same administrative appeal29process.30

(7) If a proposed development is inconsistent with the optional31comprehensive plan or subarea plan policies and development32regulations adopted under subsection (1) of this section, the city33shall require additional environmental review in accordance with this34chapter.35

Sec. 14. RCW 36.70A.490 and 2012 1st sp.s. c 1 s 309 are each36amended to read as follows:37

The growth management planning and environmental review fund is38hereby established in the state treasury. Moneys may be placed in the39

p. 26 2SHB 1923124

fund from the proceeds of bond sales, tax revenues, budget transfers,1federal appropriations, gifts, or any other lawful source. Moneys in2the fund may be spent only after appropriation. Moneys in the fund3shall be used to make grants or loans to local governments for the4purposes set forth in RCW 43.21C.240, 43.21C.031, or 36.70A.500, and5to cover costs associated with the adoption of optional elements of6comprehensive plans consistent with RCW 43.21C.420. Any payment of7either principal or interest, or both, derived from loans made from8this fund must be deposited into the fund.9

NEW SECTION. Sec. 15. A new section is added to chapter 35.2110RCW to read as follows:11

Permanent supportive housing shall be a permitted use in all12areas where multifamily housing is permitted.13

NEW SECTION. Sec. 16. A new section is added to chapter 35A.2114RCW to read as follows:15

Permanent supportive housing shall be a permitted use in all16areas where multifamily housing is permitted.17

Sec. 17. RCW 82.02.060 and 2012 c 200 s 1 are each amended to18read as follows:19

The local ordinance by which impact fees are imposed:20(1) Shall include a schedule of impact fees which shall be21

adopted for each type of development activity that is subject to22impact fees, specifying the amount of the impact fee to be imposed23for each type of system improvement. The schedule shall be based upon24a formula or other method of calculating such impact fees. In25determining proportionate share, the formula or other method of26calculating impact fees shall incorporate, among other things, the27following:28

(a) The cost of public facilities necessitated by new29development;30

(b) An adjustment to the cost of the public facilities for past31or future payments made or reasonably anticipated to be made by new32development to pay for particular system improvements in the form of33user fees, debt service payments, taxes, or other payments earmarked34for or proratable to the particular system improvement;35

(c) The availability of other means of funding public facility36improvements;37

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(d) The cost of existing public facilities improvements; and1(e) The methods by which public facilities improvements were2

financed;3(2) May provide an exemption for low-income housing, and other4

development activities with broad public purposes, from these impact5fees, provided that the impact fees for such development activity6shall be paid from public funds other than impact fee accounts;7

(3) May provide an exemption from impact fees for low-income8housing. Local governments that grant exemptions for low-income9housing under this subsection (3) may either: Grant a partial10exemption of not more than eighty percent of impact fees, in which11case there is no explicit requirement to pay the exempted portion of12the fee from public funds other than impact fee accounts; or provide13a full waiver, in which case the remaining percentage of the exempted14fee must be paid from public funds other than impact fee accounts. An15exemption for low-income housing granted under subsection (2) of this16section or this subsection (3) must be conditioned upon requiring the17developer to record a covenant that, except as provided otherwise by18this subsection, prohibits using the property for any purpose other19than for low-income housing. At a minimum, the covenant must address20price restrictions and household income limits for the low-income21housing, and that if the property is converted to a use other than22for low-income housing, the property owner must pay the applicable23impact fees in effect at the time of conversion. Covenants required24by this subsection must be recorded with the applicable county25auditor or recording officer. A local government granting an26exemption under subsection (2) of this section or this subsection (3)27for low-income housing may not collect revenue lost through granting28an exemption by increasing impact fees unrelated to the exemption. A29school district who receives school impact fees must approve any30exemption under subsection (2) of this section or this subsection31(3);32

(4) May not charge a higher per unit fee for multifamily33residential construction than for single-family residential34construction;35

(5) Shall provide a credit for the value of any dedication of36land for, improvement to, or new construction of any system37improvements provided by the developer, to facilities that are38identified in the capital facilities plan and that are required by39

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the county, city, or town as a condition of approving the development1activity;2

(((5))) (6) Shall allow the county, city, or town imposing the3impact fees to adjust the standard impact fee at the time the fee is4imposed to consider unusual circumstances in specific cases to ensure5that impact fees are imposed fairly;6

(((6))) (7) Shall include a provision for calculating the amount7of the fee to be imposed on a particular development that permits8consideration of studies and data submitted by the developer to9adjust the amount of the fee;10

(((7))) (8) Shall establish one or more reasonable service areas11within which it shall calculate and impose impact fees for various12land use categories per unit of development; ((and13

(8))) (9) May provide for the imposition of an impact fee for14system improvement costs previously incurred by a county, city, or15town to the extent that new growth and development will be served by16the previously constructed improvements provided such fee shall not17be imposed to make up for any system improvement deficiencies; and18

(10) May not impose impact fees that cumulatively amount to more19than fifty thousand dollars for any single-family residential20project.21

For purposes of this section, "low-income housing" means housing22with a monthly housing expense, that is no greater than thirty23percent of eighty percent of the median ((family)) household income24adjusted for ((family)) household size, for the county where the25project is located, as reported by the United States department of26housing and urban development.27

NEW SECTION. Sec. 18. Section 4 of this act takes effect28December 31, 2020.29

NEW SECTION. Sec. 19. Section 3 of this act expires December3031, 2020.31

NEW SECTION. Sec. 20. If specific funding for the purposes of32this act, referencing this act by bill or chapter number, is not33provided by June 30, 2019, in the omnibus appropriations act, this34act is null and void.35

--- END ---

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AN ACT Relating to local governments planning and zoning for1accessory dwelling units; amending RCW 19.27.060, 82.02.060,235.63.210, 35A.63.230, 36.70.677, and 36.70A.400; adding a new3section to chapter 19.27 RCW; adding a new chapter to Title 36 RCW;4and repealing RCW 43.63A.215.5

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6

NEW SECTION. Sec. 1. FINDINGS AND INTENT. (1) The legislature7makes the following findings:8

(a) Washington state is experiencing a housing affordability9crisis. Many communities across the state are in need of more housing10options for renters.11

(b) Accessory dwelling units typically rent below market rate,12providing additional affordable housing options for renters.13

(c) Accessory dwelling units also help to provide housing for14very low-income households. More than ten percent of accessory15dwelling units in some areas are occupied by tenants who pay no rent16at all; among these tenants are grandparents, adult children, family17members with disabilities, and friends going through life18transitions. Accessory dwelling units meet the needs of these people19who might otherwise require subsidized housing space and resources20needed by other households.21

S-1308.1SENATE BILL 5812

State of Washington 66th Legislature 2019 Regular SessionBy Senators Palumbo, Liias, and NguyenRead first time 02/04/19. Referred to Committee on Housing Stability& Affordability.

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(d) Homeowners who add an accessory dwelling unit to her or his1property may benefit from added income and an increased sense of2security.3

(e) Accessory dwelling units can also benefit neighborhoods by4expanding rental options near public amenities such as schools,5parks, and transit without changing the look and feel of existing6neighborhoods.7

(f) Accessory dwelling units may reduce economic displacement in8existing communities by expanding the range of available housing9options and prices.10

(g) Accessory dwelling units are a housing choice that provides11environmental benefits. They promote energy conservation compared12with average size single-family homes. In addition, the siting of13additional accessory dwelling units near transit hubs can help to14reduce greenhouse gas emissions.15

(h) Removing certain regulatory barriers to the construction of16accessory dwelling units, such as inflexible design standards and17siting restrictions, may substantially reduce construction costs,18thereby enabling more homeowners to add accessory dwelling units to19their properties. The increased availability of accessory dwelling20units will provide benefits to homeowners, renters, the community,21and the environment.22

(2) The legislature intends to promote and encourage the creation23of accessory dwelling units as a means to address the need for24additional affordable housing options. The legislature encourages25local governments to increase the availability of affordable housing26by subsidizing accessory dwelling units with local sales tax revenue,27as authorized by House Bill No. 1406.28

NEW SECTION. Sec. 2. DEFINITIONS. The definitions in this29section apply throughout this chapter unless the context clearly30requires otherwise.31

(1) "Accessory dwelling unit" means a dwelling unit located on32the same lot as a single-family housing unit, duplex, triplex,33townhome, or other housing unit.34

(2) "Attached accessory dwelling unit" means an accessory35dwelling unit located within or attached to a single-family housing36unit, duplex, triplex, townhome, or other housing unit.37

(3) "Detached accessory dwelling unit" means an accessory38dwelling unit that consists partly or entirely of a building that is39

p. 2 SB 5812129

separate and detached from a single-family housing unit, duplex,1triplex, townhome, or other housing unit.2

(2) "Dwelling unit" means a residential living unit that provides3complete independent living facilities for one or more persons and4that includes permanent provisions for living, sleeping, eating,5cooking, and sanitation.6

(3) "Cities" means all cities, code cities, and towns with a7population of two thousand five hundred or more.8

(4) "Counties" means all counties with a population of fifteen9thousand or more.10

(5) "Gross floor area" means the interior habitable area of a11dwelling unit including basements and attics but not including a12garage or accessory structure.13

NEW SECTION. Sec. 3. ACCESSORY DWELLING UNIT REGULATIONS14REQUIRED. (1) Cities and counties must adopt or amend by ordinance15and incorporate into their development regulations, zoning16regulations, and other official controls, an authorization for the17creation of accessory dwelling units that is consistent with this18chapter.19

(2) Ordinances, development regulations, and other official20controls adopted or amended pursuant to this chapter may only apply21in the portions of towns, cities, and counties that are within22designated urban growth areas.23

(3) Cities and counties must implement the requirements of this24chapter by July 1, 2020.25

NEW SECTION. Sec. 4. GENERAL REGULATORY REQUIREMENTS.26Ordinances, development regulations, and other official controls27adopted or amended as required by this chapter:28

(1)(a) Except as provided in (b) of this subsection, must allow,29on all lots located in single-family residential zoning districts and30on all lots on which there is a single-family housing unit, duplex,31triplex, or townhome, regardless of zoning district: (i) One attached32accessory dwelling unit and one detached accessory dwelling unit; or33(ii) two attached accessory dwelling units;34

(b) Must allow one attached accessory dwelling unit on each lot35in a single-family residential zoning district if: (i) The lot is36located in a jurisdiction where cluster zoning or lot size averaging37

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has been adopted; and (ii) the lot is under three thousand square1feet in size;2

(2) May not impose a minimum lot size requirement for the siting3of accessory dwelling units;4

(3) May not require installation of a new or separate utility5connection between an attached accessory dwelling unit and a utility;6

(4) May not consider attached accessory dwelling units to be new7residential uses for the purpose of calculating connection fees or8capacity charges for utilities but may charge fees for additional9consumption by the attached accessory dwelling unit at a level that10is proportionate to that additional consumption;11

(5) May require a new or separate utility connection directly12between a detached accessory dwelling unit and a utility and may13subject the connection to a connection fee or capacity charge that14must: (a) Be proportionate to the burden of the proposed accessory15dwelling unit, based on its size or number of plumbing fixtures, upon16the water or sewer system; and (b) not exceed the reasonable cost of17providing the service;18

(6) May not prohibit the sale or other conveyance of a19condominium unit solely on the grounds that the unit was originally20built as an accessory dwelling unit;21

(7) May not count residents of accessory dwelling units against22any limits on the number of unrelated residents on a single-family23lot;24

(8) May not establish a requirement for the provision of off-25street parking for accessory dwelling units;26

(9) May not require the owner of a lot on which there is an27accessory dwelling unit to reside in or occupy the accessory dwelling28unit or another housing unit on the same lot; and29

(10) May not count the gross floor area of an accessory dwelling30unit against any floor area ratio limitations that apply to single-31family housing units.32

NEW SECTION. Sec. 5. DEVELOPMENT STANDARDS. Ordinances,33development regulations, and other official controls adopted or34amended as required by this chapter:35

(1) May not establish a root height limitation on detached36accessory dwelling units that is less than twenty-four feet;37

(2) May not establish a wall height limitation on detached38accessory dwelling units that is less than seventeen feet;39

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(3) May not establish a maximum gross floor area for accessory1dwelling units that is less than one thousand square feet;2

(4) May not establish a minimum gross floor area for accessory3dwelling units that is greater than one hundred forty square feet;4

(5) Must establish setback regulations consistent with the5following requirements:6

(a) May not establish setback regulations for accessory dwelling7units that are more restrictive than regulations for single-family8housing units;9

(b) Must allow detached accessory dwelling units to be sited at10the lot line of the rear yard if the rear yard is adjacent to an11alley; and12

(c) Must allow detached accessory dwelling units to be sited13within five feet of a lot line if there is written approval from the14property owner with whom the lot line is shared on file in the15jurisdiction in which the detached accessory dwelling unit is16located;17

(6) May not regulate the location of the entry doors of accessory18dwelling units;19

(7) May not establish a maximum rear yard coverage limit for a20detached accessory dwelling unit that is less than sixty percent of21the rear yard;22

(8) May not establish tree retention requirements for accessory23dwelling units in addition to any tree retention requirements for24single-family housing units; and25

(9) May not require that the exterior design or appearance of an26accessory dwelling unit be similar to the exterior design or27appearance of the principal housing unit. Regulations that require28similar exterior design or appearance include, but are not limited29to, regulations that require an accessory dwelling unit to have30similar roof pitch, siding, or windows as the primary housing unit.31

NEW SECTION. Sec. 6. A new section is added to chapter 19.2732RCW to read as follows:33

By April 1, 2020, the building code council shall adopt rules34pertaining to accessory dwelling units that are consistent with the35definitions and standards in chapter 36.--- RCW (the new chapter36created in section 14 of this act).37

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Sec. 7. RCW 19.27.060 and 2018 c 302 s 2 are each amended to1read as follows:2

(1) The governing bodies of counties and cities may amend the3codes enumerated in RCW 19.27.031 as amended and adopted by the state4building code council as they apply within their respective5jurisdictions, but the amendments shall not result in a code that is6less than the minimum performance standards and objectives contained7in the state building code except as provided in subsection (2) of8this section.9

(a) Except as provided in subsection (2) of this section, no10amendment to a code enumerated in RCW 19.27.031 as amended and11adopted by the state building code council that affects single-family12or multifamily residential buildings shall be effective unless the13amendment is approved by the building code council under RCW1419.27.074(1)(b).15

(b) Any county or city amendment to a code enumerated in RCW1619.27.031 which is approved under RCW 19.27.074(1)(b) shall continue17to be effective after any action is taken under RCW 19.27.074(1)(a)18without necessity of reapproval under RCW 19.27.074(1)(b) unless the19amendment is declared null and void by the council at the time any20action is taken under RCW 19.27.074(1)(a) because such action in any21way altered the impact of the amendment.22

(2)(a) Except as provided in (b) of this subsection, the23legislative body of a county or city, in exercising the authority24provided under subsection (1) of this section to amend the code25enumerated in RCW 19.27.031(1)(b), may adopt amendments that26eliminate any minimum gross floor area requirement for single-family27detached dwellings or that provide a minimum gross floor area28requirement below the minimum performance standards and objectives29contained in the state building code.30

(b) Cities and counties, as defined by section 2 of this act,31must adopt ordinances, development regulations, and other official32controls regarding the minimum gross floor area of accessory dwelling33units that are consistent with chapter 36.--- RCW (the new chapter34created in section 14 of this act).35

(3) Except as permitted or provided otherwise under this section,36the state building code shall be applicable to all buildings and37structures including those owned by the state or by any governmental38subdivision or unit of local government.39

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(4) The governing body of each county or city may limit the1application of any portion of the state building code to exclude2specified classes or types of buildings or structures according to3use other than single-family or multifamily residential buildings.4However, in no event shall fruits or vegetables of the tree or vine5stored in buildings or warehouses constitute combustible stock for6the purposes of application of the uniform fire code. A governing7body of a county or city may inspect facilities used for temporary8storage and processing of agricultural commodities.9

(5) No provision of the uniform fire code concerning roadways10shall be part of the state building code: PROVIDED, That this11subsection shall not limit the authority of a county or city to adopt12street, road, or access standards.13

(6) The provisions of the state building code may be preempted by14any city or county to the extent that the code provisions relating to15the installation or use of sprinklers in jail cells conflict with the16secure and humane operation of jails.17

(7)(a) Effective one year after July 23, 1989, the governing18bodies of counties and cities may adopt an ordinance or resolution to19exempt from permit requirements certain construction or alteration of20either group R, division 3, or group M, division 1 occupancies, or21both, as defined in the uniform building code, 1988 edition, for22which the total cost of fair market value of the construction or23alteration does not exceed fifteen hundred dollars. The permit24exemption shall not otherwise exempt the construction or alteration25from the substantive standards of the codes enumerated in RCW2619.27.031, as amended and maintained by the state building code27council under RCW 19.27.070.28

(b) Prior to July 23, 1989, the state building code council shall29adopt by rule, guidelines exempting from permit requirements certain30construction and alteration activities under (a) of this subsection.31

Sec. 8. RCW 82.02.060 and 2012 c 200 s 1 are each amended to32read as follows:33

The local ordinance by which impact fees are imposed:34(1) Shall include a schedule of impact fees which shall be35

adopted for each type of development activity that is subject to36impact fees, specifying the amount of the impact fee to be imposed37for each type of system improvement. The schedule shall be based upon38a formula or other method of calculating such impact fees. In39

p. 7 SB 5812134

determining proportionate share, the formula or other method of1calculating impact fees shall incorporate, among other things, the2following:3

(a) The cost of public facilities necessitated by new4development;5

(b) An adjustment to the cost of the public facilities for past6or future payments made or reasonably anticipated to be made by new7development to pay for particular system improvements in the form of8user fees, debt service payments, taxes, or other payments earmarked9for or proratable to the particular system improvement;10

(c) The availability of other means of funding public facility11improvements;12

(d) The cost of existing public facilities improvements; and13(e) The methods by which public facilities improvements were14

financed;15(2) May provide an exemption for low-income housing, and other16

development activities with broad public purposes, from these impact17fees, provided that the impact fees for such development activity18shall be paid from public funds other than impact fee accounts;19

(3) May provide an exemption from impact fees for low-income20housing. Local governments that grant exemptions for low-income21housing under this subsection (3) may either: Grant a partial22exemption of not more than eighty percent of impact fees, in which23case there is no explicit requirement to pay the exempted portion of24the fee from public funds other than impact fee accounts; or provide25a full waiver, in which case the remaining percentage of the exempted26fee must be paid from public funds other than impact fee accounts. An27exemption for low-income housing granted under subsection (2) of this28section or this subsection (3) must be conditioned upon requiring the29developer to record a covenant that, except as provided otherwise by30this subsection, prohibits using the property for any purpose other31than for low-income housing. At a minimum, the covenant must address32price restrictions and household income limits for the low-income33housing, and that if the property is converted to a use other than34for low-income housing, the property owner must pay the applicable35impact fees in effect at the time of conversion. Covenants required36by this subsection must be recorded with the applicable county37auditor or recording officer. A local government granting an38exemption under subsection (2) of this section or this subsection (3)39for low-income housing may not collect revenue lost through granting40

p. 8 SB 5812135

an exemption by increasing impact fees unrelated to the exemption. A1school district who receives school impact fees must approve any2exemption under subsection (2) of this section or this subsection3(3);4

(4) Shall provide a credit for the value of any dedication of5land for, improvement to, or new construction of any system6improvements provided by the developer, to facilities that are7identified in the capital facilities plan and that are required by8the county, city, or town as a condition of approving the development9activity;10

(5) Shall allow the county, city, or town imposing the impact11fees to adjust the standard impact fee at the time the fee is imposed12to consider unusual circumstances in specific cases to ensure that13impact fees are imposed fairly;14

(6) Shall include a provision for calculating the amount of the15fee to be imposed on a particular development that permits16consideration of studies and data submitted by the developer to17adjust the amount of the fee;18

(7) Shall establish one or more reasonable service areas within19which it shall calculate and impose impact fees for various land use20categories per unit of development; and21

(8) May provide for the imposition of an impact fee for system22improvement costs previously incurred by a county, city, or town to23the extent that new growth and development will be served by the24previously constructed improvements provided such fee shall not be25imposed to make up for any system improvement deficiencies.26

(9) May not establish an impact fee amount for accessory dwelling27units, as defined in section 2 of this act, that is greater than28fifty percent of the amount set for single-family residences.29

For purposes of this section, "low-income housing" means housing30with a monthly housing expense, that is no greater than thirty31percent of eighty percent of the median family income adjusted for32family size, for the county where the project is located, as reported33by the United States department of housing and urban development.34

Sec. 9. RCW 35.63.210 and 1993 c 478 s 8 are each amended to35read as follows:36

Any ((local government)) city or county, as defined in ((RCW3743.63A.215)) section 2 of this act, that is planning under this38

p. 9 SB 5812136

chapter shall comply with ((RCW 43.63A.215(3))) chapter 36.--- RCW1(the new chapter created in section 14 of this act).2

Sec. 10. RCW 35A.63.230 and 1993 c 478 s 9 are each amended to3read as follows:4

Any ((local government)) city or county, as defined in ((RCW543.63A.215)) section 2 of this act, that is planning under this6chapter shall comply with ((RCW 43.63A.215(3))) chapter 36.--- RCW7(the new chapter created in section 14 of this act).8

Sec. 11. RCW 36.70.677 and 1993 c 478 s 10 are each amended to9read as follows:10

Any ((local government)) city or county, as defined in ((RCW1143.63A.215)) section 2 of this act, that is planning under this12chapter shall comply with ((RCW 43.63A.215(3))) chapter 36.--- RCW13(the new chapter created in section 14 of this act).14

Sec. 12. RCW 36.70A.400 and 1993 c 478 s 11 are each amended to15read as follows:16

Any ((local government)) city or county, as defined in ((RCW1743.63A.215)) section 2 of this act, that is planning under this18chapter shall comply with ((RCW 43.63A.215(3))) chapter 36.--- RCW19(the new chapter created in section 14 of this act).20

NEW SECTION. Sec. 13. RCW 43.63A.215 (Accessory apartments—21Development and placement—Local governments) and 1993 c 478 s 7 are22each repealed.23

NEW SECTION. Sec. 14. Sections 1 through 5 of this act24constitute a new chapter in Title 36 RCW.25

--- END ---

p. 10 SB 5812137

AN ACT Relating to local governments planning and zoning for1accessory dwelling units; amending RCW 19.27.060, 82.02.060,235.63.210, 35A.63.230, 36.70.677, and 36.70A.400; adding a new3section to chapter 19.27 RCW; adding a new chapter to Title 36 RCW;4and repealing RCW 43.63A.215.5

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6

NEW SECTION. Sec. 1. FINDINGS AND INTENT. (1) The legislature7makes the following findings:8

(a) Washington state is experiencing a housing affordability9crisis. Many communities across the state are in need of more housing10options for renters.11

(b) Accessory dwelling units typically rent below market rate,12providing additional affordable housing options for renters.13

(c) Accessory dwelling units also help to provide housing for14very low-income households. More than ten percent of accessory15dwelling units in some areas are occupied by tenants who pay no rent16at all; among these tenants are grandparents, adult children, family17members with disabilities, and friends going through life18transitions. Accessory dwelling units meet the needs of these people19who might otherwise require subsidized housing space and resources20needed by other households.21

S-1972.1SUBSTITUTE SENATE BILL 5812

State of Washington 66th Legislature 2019 Regular SessionBy Senate Housing Stability & Affordability (originally sponsored bySenators Palumbo, Liias, and Nguyen)READ FIRST TIME 02/21/19.

p. 1 SSB 5812138

(d) Homeowners who add an accessory dwelling unit to her or his1property may benefit from added income and an increased sense of2security.3

(e) Accessory dwelling units can also benefit neighborhoods by4expanding rental options near public amenities such as schools,5parks, and transit without changing the look and feel of existing6neighborhoods.7

(f) Accessory dwelling units may reduce economic displacement in8existing communities by expanding the range of available housing9options and prices.10

(g) Accessory dwelling units are a housing choice that provides11environmental benefits. They promote energy conservation compared12with average size single-family homes. In addition, the siting of13additional accessory dwelling units near transit hubs can help to14reduce greenhouse gas emissions.15

(h) Removing certain regulatory barriers to the construction of16accessory dwelling units, such as inflexible design standards and17siting restrictions, may substantially reduce construction costs,18thereby enabling more homeowners to add accessory dwelling units to19their properties. The increased availability of accessory dwelling20units will provide benefits to homeowners, renters, the community,21and the environment.22

(2) The legislature intends to promote and encourage the creation23of accessory dwelling units as a means to address the need for24additional affordable housing options. The legislature encourages25local governments to increase the availability of affordable housing26by subsidizing accessory dwelling units with local sales tax revenue,27as authorized by House Bill No. 1406.28

NEW SECTION. Sec. 2. DEFINITIONS. The definitions in this29section apply throughout this chapter unless the context clearly30requires otherwise.31

(1) "Accessory dwelling unit" means a dwelling unit located on32the same lot as a single-family housing unit, duplex, triplex,33townhome, or other housing unit.34

(2) "Attached accessory dwelling unit" means an accessory35dwelling unit located within or attached to a single-family housing36unit, duplex, triplex, townhome, or other housing unit.37

(3) "Detached accessory dwelling unit" means an accessory38dwelling unit that consists partly or entirely of a building that is39

p. 2 SSB 5812139

separate and detached from a single-family housing unit, duplex,1triplex, townhome, or other housing unit.2

(4) "Dwelling unit" means a residential living unit that provides3complete independent living facilities for one or more persons and4that includes permanent provisions for living, sleeping, eating,5cooking, and sanitation.6

(5) "Cities" means, except as provided in section 4(2) of this7act, (a) all cities, code cities, and towns with a population of ten8thousand or more, and (b) all cities, code cities, and towns with a9population of at least two thousand five hundred but less than ten10thousand in which any portion of the city, code city, or town lies11within a transit service district.12

(6) "Counties" means all counties with a population of fifteen13thousand or more.14

(7) "Gross floor area" means the interior habitable area of a15dwelling unit including basements and attics but not including a16garage or accessory structure.17

NEW SECTION. Sec. 3. ACCESSORY DWELLING UNIT REGULATIONS18REQUIRED. (1) Cities and counties must adopt or amend by ordinance19and incorporate into their development regulations, zoning20regulations, and other official controls, an authorization for the21creation of accessory dwelling units that is consistent with this22chapter.23

(2) Ordinances, development regulations, and other official24controls adopted or amended pursuant to this chapter may only apply25in the portions of towns, cities, and counties that are within26designated urban growth areas.27

(3) Cities and counties must implement the requirements of this28chapter by June 1, 2021. Any city or county that does not comply with29this subsection must consider any permit application it receives30under this chapter in accordance with this chapter unless it adopts31its own ordinance, development regulation, or other official control32in accordance with this subsection within sixty days after receipt of33the application.34

(4) Any county that takes action necessary to meet the35requirements of this chapter is held harmless from any appeals36brought under chapter 36.70A or 43.21C RCW.37

p. 3 SSB 5812140

NEW SECTION. Sec. 4. GENERAL REGULATORY REQUIREMENTS. (1)1Ordinances, development regulations, and other official controls2adopted or amended as required by this chapter:3

(a)(i) Except as provided in (a)(ii) of this subsection, must4allow, on all lots located in single-family residential zoning5districts and on all lots on which there is a single-family housing6unit, duplex, triplex, or townhome, regardless of zoning district:7(A) One attached accessory dwelling unit and one detached accessory8dwelling unit; or (B) two attached accessory dwelling units. Such9units may not be considered as contributing to the overall underlying10density within the county for purposes of compliance with chapter1136.70A RCW;12

(ii) Must allow one attached accessory dwelling unit on each lot13in a single-family residential zoning district if: (A) The lot is14located in a jurisdiction where cluster zoning or lot size averaging15has been adopted; and (B) the lot is under three thousand square feet16in size;17

(b) May not impose a minimum lot size requirement for the siting18of accessory dwelling units;19

(c) May only require installation of a new or separate utility20connection between an attached accessory dwelling unit and a utility21after a finding that the site-specific technical, environmental, or22financial considerations warrant a separation of utility connections23for accessory dwelling units from preexisting structures;24

(d) May not consider attached accessory dwelling units to be new25residential uses for the purpose of calculating connection fees or26capacity charges for utilities. Any connection fees or capacity27charges must (i) be proportionate to the burden of the proposed28accessory dwelling unit, based on its size or number of plumbing29fixtures, upon the water or sewer system and (ii) not exceed the30reasonable cost of providing the service;31

(e) May require a new or separate utility connection directly32between a detached accessory dwelling unit and a utility and may33subject the connection to a connection fee or capacity charge that34must: (i) Be proportionate to the burden of the proposed accessory35dwelling unit, based on its size or number of plumbing fixtures, upon36the water or sewer system; and (ii) not exceed the reasonable cost of37providing the service;38

p. 4 SSB 5812141

(f) May not prohibit the sale or other conveyance of a1condominium unit solely on the grounds that the unit was originally2built as an accessory dwelling unit;3

(g) May not count residents of accessory dwelling units against4any limits on the number of unrelated residents on a single-family5lot;6

(h) May not establish a requirement for the provision of off-7street parking for accessory dwelling units within one-half mile of a8transit stop, park, school, hospital, community center, or area9designated for commercial use, mixed use, or multifamily housing.10Except as provided in this subsection (1)(h), jurisdictions may11require up to one additional off-street parking space per lot in12which there is at least one accessory dwelling unit; and13

(i) May not count the gross floor area of an accessory dwelling14unit against any floor area ratio limitations that apply to single-15family housing units.16

(2) Any city with a population of one hundred thousand or more17may not require the owner of a lot on which there is an accessory18dwelling unit to reside in or occupy the accessory dwelling unit or19another housing unit on the same lot.20

NEW SECTION. Sec. 5. DEVELOPMENT STANDARDS. (1) Ordinances,21development regulations, and other official controls adopted or22amended as required by this chapter:23

(a) Should not establish a roof height limitation on detached24accessory dwelling units that is less than twenty-four feet;25

(b) Should not establish a wall height limitation on detached26accessory dwelling units that is less than seventeen feet;27

(c) Should not establish a maximum gross floor area for accessory28dwelling units that is less than one thousand square feet;29

(d) Should not establish a minimum gross floor area for accessory30dwelling units that is greater than one hundred forty square feet;31

(e) May not establish setback regulations for accessory dwelling32units that are more restrictive than regulations for single-family33housing units; and34

(f) May not establish tree retention requirements for accessory35dwelling units in addition to any tree retention requirements for36single-family housing units.37

p. 5 SSB 5812142

(2) Cities are encouraged to allow detached accessory dwelling1units to be sited at the lot line of the rear yard if the rear yard2is adjacent to an alley.3

NEW SECTION. Sec. 6. A new section is added to chapter 19.274RCW to read as follows:5

By April 1, 2020, the building code council shall adopt rules6pertaining to accessory dwelling units that are consistent with the7definitions and standards in chapter 36.--- RCW (the new chapter8created in section 14 of this act).9

Sec. 7. RCW 19.27.060 and 2018 c 302 s 2 are each amended to10read as follows:11

(1) The governing bodies of counties and cities may amend the12codes enumerated in RCW 19.27.031 as amended and adopted by the state13building code council as they apply within their respective14jurisdictions, but the amendments shall not result in a code that is15less than the minimum performance standards and objectives contained16in the state building code except as provided in subsection (2) of17this section.18

(a) Except as provided in subsection (2) of this section, no19amendment to a code enumerated in RCW 19.27.031 as amended and20adopted by the state building code council that affects single-family21or multifamily residential buildings shall be effective unless the22amendment is approved by the building code council under RCW2319.27.074(1)(b).24

(b) Any county or city amendment to a code enumerated in RCW2519.27.031 which is approved under RCW 19.27.074(1)(b) shall continue26to be effective after any action is taken under RCW 19.27.074(1)(a)27without necessity of reapproval under RCW 19.27.074(1)(b) unless the28amendment is declared null and void by the council at the time any29action is taken under RCW 19.27.074(1)(a) because such action in any30way altered the impact of the amendment.31

(2)(a) Except as provided in (b) of this subsection, the32legislative body of a county or city, in exercising the authority33provided under subsection (1) of this section to amend the code34enumerated in RCW 19.27.031(1)(b), may adopt amendments that35eliminate any minimum gross floor area requirement for single-family36detached dwellings or that provide a minimum gross floor area37

p. 6 SSB 5812143

requirement below the minimum performance standards and objectives1contained in the state building code.2

(b) Cities and counties, as defined by section 2 of this act,3must adopt ordinances, development regulations, and other official4controls regarding the minimum gross floor area of accessory dwelling5units that are consistent with chapter 36.--- RCW (the new chapter6created in section 14 of this act).7

(3) Except as permitted or provided otherwise under this section,8the state building code shall be applicable to all buildings and9structures including those owned by the state or by any governmental10subdivision or unit of local government.11

(4) The governing body of each county or city may limit the12application of any portion of the state building code to exclude13specified classes or types of buildings or structures according to14use other than single-family or multifamily residential buildings.15However, in no event shall fruits or vegetables of the tree or vine16stored in buildings or warehouses constitute combustible stock for17the purposes of application of the uniform fire code. A governing18body of a county or city may inspect facilities used for temporary19storage and processing of agricultural commodities.20

(5) No provision of the uniform fire code concerning roadways21shall be part of the state building code: PROVIDED, That this22subsection shall not limit the authority of a county or city to adopt23street, road, or access standards.24

(6) The provisions of the state building code may be preempted by25any city or county to the extent that the code provisions relating to26the installation or use of sprinklers in jail cells conflict with the27secure and humane operation of jails.28

(7)(a) Effective one year after July 23, 1989, the governing29bodies of counties and cities may adopt an ordinance or resolution to30exempt from permit requirements certain construction or alteration of31either group R, division 3, or group M, division 1 occupancies, or32both, as defined in the uniform building code, 1988 edition, for33which the total cost of fair market value of the construction or34alteration does not exceed fifteen hundred dollars. The permit35exemption shall not otherwise exempt the construction or alteration36from the substantive standards of the codes enumerated in RCW3719.27.031, as amended and maintained by the state building code38council under RCW 19.27.070.39

p. 7 SSB 5812144

(b) Prior to July 23, 1989, the state building code council shall1adopt by rule, guidelines exempting from permit requirements certain2construction and alteration activities under (a) of this subsection.3

Sec. 8. RCW 82.02.060 and 2012 c 200 s 1 are each amended to4read as follows:5

The local ordinance by which impact fees are imposed:6(1) Shall include a schedule of impact fees which shall be7

adopted for each type of development activity that is subject to8impact fees, specifying the amount of the impact fee to be imposed9for each type of system improvement. The schedule shall be based upon10a formula or other method of calculating such impact fees. In11determining proportionate share, the formula or other method of12calculating impact fees shall incorporate, among other things, the13following:14

(a) The cost of public facilities necessitated by new15development;16

(b) An adjustment to the cost of the public facilities for past17or future payments made or reasonably anticipated to be made by new18development to pay for particular system improvements in the form of19user fees, debt service payments, taxes, or other payments earmarked20for or proratable to the particular system improvement;21

(c) The availability of other means of funding public facility22improvements;23

(d) The cost of existing public facilities improvements; and24(e) The methods by which public facilities improvements were25

financed;26(2) May provide an exemption for low-income housing, and other27

development activities with broad public purposes, from these impact28fees, provided that the impact fees for such development activity29shall be paid from public funds other than impact fee accounts;30

(3) May provide an exemption from impact fees for low-income31housing. Local governments that grant exemptions for low-income32housing under this subsection (3) may either: Grant a partial33exemption of not more than eighty percent of impact fees, in which34case there is no explicit requirement to pay the exempted portion of35the fee from public funds other than impact fee accounts; or provide36a full waiver, in which case the remaining percentage of the exempted37fee must be paid from public funds other than impact fee accounts. An38exemption for low-income housing granted under subsection (2) of this39

p. 8 SSB 5812145

section or this subsection (3) must be conditioned upon requiring the1developer to record a covenant that, except as provided otherwise by2this subsection, prohibits using the property for any purpose other3than for low-income housing. At a minimum, the covenant must address4price restrictions and household income limits for the low-income5housing, and that if the property is converted to a use other than6for low-income housing, the property owner must pay the applicable7impact fees in effect at the time of conversion. Covenants required8by this subsection must be recorded with the applicable county9auditor or recording officer. A local government granting an10exemption under subsection (2) of this section or this subsection (3)11for low-income housing may not collect revenue lost through granting12an exemption by increasing impact fees unrelated to the exemption. A13school district who receives school impact fees must approve any14exemption under subsection (2) of this section or this subsection15(3);16

(4) Shall provide a credit for the value of any dedication of17land for, improvement to, or new construction of any system18improvements provided by the developer, to facilities that are19identified in the capital facilities plan and that are required by20the county, city, or town as a condition of approving the development21activity;22

(5) Shall allow the county, city, or town imposing the impact23fees to adjust the standard impact fee at the time the fee is imposed24to consider unusual circumstances in specific cases to ensure that25impact fees are imposed fairly;26

(6) Shall include a provision for calculating the amount of the27fee to be imposed on a particular development that permits28consideration of studies and data submitted by the developer to29adjust the amount of the fee;30

(7) Shall establish one or more reasonable service areas within31which it shall calculate and impose impact fees for various land use32categories per unit of development; and33

(8) May provide for the imposition of an impact fee for system34improvement costs previously incurred by a county, city, or town to35the extent that new growth and development will be served by the36previously constructed improvements provided such fee shall not be37imposed to make up for any system improvement deficiencies.38

p. 9 SSB 5812146

(9) May not establish an impact fee amount for accessory dwelling1units, as defined in section 2 of this act, that is greater than2fifty percent of the amount set for single-family residences.3

For purposes of this section, "low-income housing" means housing4with a monthly housing expense, that is no greater than thirty5percent of eighty percent of the median family income adjusted for6family size, for the county where the project is located, as reported7by the United States department of housing and urban development.8

Sec. 9. RCW 35.63.210 and 1993 c 478 s 8 are each amended to9read as follows:10

Any ((local government)) city or county, as defined in ((RCW1143.63A.215)) section 2 of this act, that is planning under this12chapter shall comply with ((RCW 43.63A.215(3))) chapter 36.--- RCW13(the new chapter created in section 14 of this act).14

Sec. 10. RCW 35A.63.230 and 1993 c 478 s 9 are each amended to15read as follows:16

Any ((local government)) city or county, as defined in ((RCW1743.63A.215)) section 2 of this act, that is planning under this18chapter shall comply with ((RCW 43.63A.215(3))) chapter 36.--- RCW19(the new chapter created in section 14 of this act).20

Sec. 11. RCW 36.70.677 and 1993 c 478 s 10 are each amended to21read as follows:22

Any ((local government)) city or county, as defined in ((RCW2343.63A.215)) section 2 of this act, that is planning under this24chapter shall comply with ((RCW 43.63A.215(3))) chapter 36.--- RCW25(the new chapter created in section 14 of this act).26

Sec. 12. RCW 36.70A.400 and 1993 c 478 s 11 are each amended to27read as follows:28

Any ((local government)) city or county, as defined in ((RCW2943.63A.215)) section 2 of this act, that is planning under this30chapter shall comply with ((RCW 43.63A.215(3))) chapter 36.--- RCW31(the new chapter created in section 14 of this act).32

NEW SECTION. Sec. 13. RCW 43.63A.215 (Accessory apartments—33Development and placement—Local governments) and 1993 c 478 s 7 are34each repealed.35

p. 10 SSB 5812147

NEW SECTION. Sec. 14. Sections 1 through 5 of this act1constitute a new chapter in Title 36 RCW.2

--- END ---

p. 11 SSB 5812148

AN ACT Relating to local governments planning and zoning for1accessory dwelling units; amending RCW 19.27.060, 82.02.060,235.63.210, 35A.63.230, 36.70.677, and 36.70A.400; adding a new3section to chapter 19.27 RCW; adding a new chapter to Title 36 RCW;4and repealing RCW 43.63A.215.5

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6

NEW SECTION. Sec. 1. FINDINGS AND INTENT. (1) The legislature7makes the following findings:8

(a) Washington state is experiencing a housing affordability9crisis. Many communities across the state are in need of more housing10options for renters.11

(b) Accessory dwelling units typically rent below market rate,12providing additional affordable housing options for renters.13

(c) Accessory dwelling units also help to provide housing for14very low-income households. More than ten percent of accessory15dwelling units in some areas are occupied by tenants who pay no rent16at all; among these tenants are grandparents, adult children, family17members with disabilities, and friends going through life18transitions. Accessory dwelling units meet the needs of these people19who might otherwise require subsidized housing space and resources20needed by other households.21

H-0489.2HOUSE BILL 1797

State of Washington 66th Legislature 2019 Regular SessionBy Representatives Gregerson, Barkis, Ryu, Peterson, Orwall,Stokesbary, Doglio, Macri, Davis, Jinkins, Lekanoff, Fitzgibbon,Young, Frame, and GoodmanRead first time 01/31/19. Referred to Committee on Local Government.

p. 1 HB 1797149

(d) Homeowners who add an accessory dwelling unit to her or his1property may benefit from added income and an increased sense of2security.3

(e) Accessory dwelling units can also benefit neighborhoods by4expanding rental options near public amenities such as schools,5parks, and transit without changing the look and feel of existing6neighborhoods.7

(f) Accessory dwelling units may reduce economic displacement in8existing communities by expanding the range of available housing9options and prices.10

(g) Accessory dwelling units are a housing choice that provides11environmental benefits. They promote energy conservation compared12with average size single-family homes. In addition, the siting of13additional accessory dwelling units near transit hubs can help to14reduce greenhouse gas emissions.15

(h) Removing certain regulatory barriers to the construction of16accessory dwelling units, such as inflexible design standards and17siting restrictions, may substantially reduce construction costs,18thereby enabling more homeowners to add accessory dwelling units to19their properties. The increased availability of accessory dwelling20units will provide benefits to homeowners, renters, the community,21and the environment.22

(2) The legislature intends to promote and encourage the creation23of accessory dwelling units as a means to address the need for24additional affordable housing options. The legislature encourages25local governments to increase the availability of affordable housing26by subsidizing accessory dwelling units with local sales tax revenue,27as authorized by House Bill No. 1406.28

NEW SECTION. Sec. 2. DEFINITIONS. The definitions in this29section apply throughout this chapter unless the context clearly30requires otherwise.31

(1) "Accessory dwelling unit" means a dwelling unit located on32the same lot as a single-family housing unit, duplex, triplex,33townhome, or other housing unit.34

(2) "Attached accessory dwelling unit" means an accessory35dwelling unit located within or attached to a single-family housing36unit, duplex, triplex, townhome, or other housing unit.37

(3) "Detached accessory dwelling unit" means an accessory38dwelling unit that consists partly or entirely of a building that is39

p. 2 HB 1797150

separate and detached from a single-family housing unit, duplex,1triplex, townhome, or other housing unit.2

(2) "Dwelling unit" means a residential living unit that provides3complete independent living facilities for one or more persons and4that includes permanent provisions for living, sleeping, eating,5cooking, and sanitation.6

(3) "Cities" means all cities, code cities, and towns with a7population of two thousand five hundred or more.8

(4) "Counties" means all counties with a population of fifteen9thousand or more.10

(5) "Gross floor area" means the interior habitable area of a11dwelling unit including basements and attics but not including a12garage or accessory structure.13

NEW SECTION. Sec. 3. ACCESSORY DWELLING UNIT REGULATIONS14REQUIRED. (1) Cities and counties must adopt or amend by ordinance15and incorporate into their development regulations, zoning16regulations, and other official controls, an authorization for the17creation of accessory dwelling units that is consistent with this18chapter.19

(2) Ordinances, development regulations, and other official20controls adopted or amended pursuant to this chapter may only apply21in the portions of towns, cities, and counties that are within22designated urban growth areas.23

(3) Cities and counties must implement the requirements of this24chapter by July 1, 2020.25

NEW SECTION. Sec. 4. GENERAL REGULATORY REQUIREMENTS.26Ordinances, development regulations, and other official controls27adopted or amended as required by this chapter:28

(1)(a) Except as provided in (b) of this subsection, must allow,29on all lots located in single-family residential zoning districts and30on all lots on which there is a single-family housing unit, duplex,31triplex, or townhome, regardless of zoning district: (i) One attached32accessory dwelling unit and one detached accessory dwelling unit; or33(ii) two attached accessory dwelling units;34

(b) Must allow one attached accessory dwelling unit on each lot35in a single-family residential zoning district if: (i) The lot is36located in a jurisdiction where cluster zoning or lot size averaging37

p. 3 HB 1797151

has been adopted; and (ii) the lot is under three thousand square1feet in size;2

(2) May not impose a minimum lot size requirement for the siting3of accessory dwelling units;4

(3) May not require installation of a new or separate utility5connection between an attached accessory dwelling unit and a utility;6

(4) May not consider attached accessory dwelling units to be new7residential uses for the purpose of calculating connection fees or8capacity charges for utilities but may charge fees for additional9consumption by the attached accessory dwelling unit at a level that10is proportionate to that additional consumption;11

(5) May require a new or separate utility connection directly12between a detached accessory dwelling unit and a utility and may13subject the connection to a connection fee or capacity charge that14must: (a) Be proportionate to the burden of the proposed accessory15dwelling unit, based on its size or number of plumbing fixtures, upon16the water or sewer system; and (b) not exceed the reasonable cost of17providing the service;18

(6) May not prohibit the sale or other conveyance of a19condominium unit solely on the grounds that the unit was originally20built as an accessory dwelling unit;21

(7) May not count residents of accessory dwelling units against22any limits on the number of unrelated residents on a single-family23lot;24

(8) May not establish a requirement for the provision of off-25street parking for accessory dwelling units;26

(9) May not require the owner of a lot on which there is an27accessory dwelling unit to reside in or occupy the accessory dwelling28unit or another housing unit on the same lot; and29

(10) May not count the gross floor area of an accessory dwelling30unit against any floor area ratio limitations that apply to single-31family housing units.32

NEW SECTION. Sec. 5. DEVELOPMENT STANDARDS. Ordinances,33development regulations, and other official controls adopted or34amended as required by this chapter:35

(1) May not establish a root height limitation on detached36accessory dwelling units that is less than twenty-four feet;37

(2) May not establish a wall height limitation on detached38accessory dwelling units that is less than seventeen feet;39

p. 4 HB 1797152

(3) May not establish a maximum gross floor area for accessory1dwelling units that is less than one thousand square feet;2

(4) May not establish a minimum gross floor area for accessory3dwelling units that is greater than one hundred forty square feet;4

(5) Must establish setback regulations consistent with the5following requirements:6

(a) May not establish setback regulations for accessory dwelling7units that are more restrictive than regulations for single-family8housing units;9

(b) Must allow detached accessory dwelling units to be sited at10the lot line of the rear yard if the rear yard is adjacent to an11alley; and12

(c) Must allow detached accessory dwelling units to be sited13within five feet of a lot line if there is written approval from the14property owner with whom the lot line is shared on file in the15jurisdiction in which the detached accessory dwelling unit is16located;17

(6) May not regulate the location of the entry doors of accessory18dwelling units;19

(7) May not establish a maximum rear yard coverage limit for a20detached accessory dwelling unit that is less than sixty percent of21the rear yard;22

(8) May not establish tree retention requirements for accessory23dwelling units in addition to any tree retention requirements for24single-family housing units; and25

(9) May not require that the exterior design or appearance of an26accessory dwelling unit be similar to the exterior design or27appearance of the principal housing unit. Regulations that require28similar exterior design or appearance include, but are not limited29to, regulations that require an accessory dwelling unit to have30similar roof pitch, siding, or windows as the primary housing unit.31

NEW SECTION. Sec. 6. A new section is added to chapter 19.2732RCW to read as follows:33

By April 1, 2020, the building code council shall adopt rules34pertaining to accessory dwelling units that are consistent with the35definitions and standards in chapter 36.--- RCW (the new chapter36created in section 14 of this act).37

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Sec. 7. RCW 19.27.060 and 2018 c 302 s 2 are each amended to1read as follows:2

(1) The governing bodies of counties and cities may amend the3codes enumerated in RCW 19.27.031 as amended and adopted by the state4building code council as they apply within their respective5jurisdictions, but the amendments shall not result in a code that is6less than the minimum performance standards and objectives contained7in the state building code except as provided in subsection (2) of8this section.9

(a) Except as provided in subsection (2) of this section, no10amendment to a code enumerated in RCW 19.27.031 as amended and11adopted by the state building code council that affects single-family12or multifamily residential buildings shall be effective unless the13amendment is approved by the building code council under RCW1419.27.074(1)(b).15

(b) Any county or city amendment to a code enumerated in RCW1619.27.031 which is approved under RCW 19.27.074(1)(b) shall continue17to be effective after any action is taken under RCW 19.27.074(1)(a)18without necessity of reapproval under RCW 19.27.074(1)(b) unless the19amendment is declared null and void by the council at the time any20action is taken under RCW 19.27.074(1)(a) because such action in any21way altered the impact of the amendment.22

(2)(a) Except as provided in (b) of this subsection, the23legislative body of a county or city, in exercising the authority24provided under subsection (1) of this section to amend the code25enumerated in RCW 19.27.031(1)(b), may adopt amendments that26eliminate any minimum gross floor area requirement for single-family27detached dwellings or that provide a minimum gross floor area28requirement below the minimum performance standards and objectives29contained in the state building code.30

(b) Cities and counties, as defined by section 2 of this act,31must adopt ordinances, development regulations, and other official32controls regarding the minimum gross floor area of accessory dwelling33units that are consistent with chapter 36.--- RCW (the new chapter34created in section 14 of this act).35

(3) Except as permitted or provided otherwise under this section,36the state building code shall be applicable to all buildings and37structures including those owned by the state or by any governmental38subdivision or unit of local government.39

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(4) The governing body of each county or city may limit the1application of any portion of the state building code to exclude2specified classes or types of buildings or structures according to3use other than single-family or multifamily residential buildings.4However, in no event shall fruits or vegetables of the tree or vine5stored in buildings or warehouses constitute combustible stock for6the purposes of application of the uniform fire code. A governing7body of a county or city may inspect facilities used for temporary8storage and processing of agricultural commodities.9

(5) No provision of the uniform fire code concerning roadways10shall be part of the state building code: PROVIDED, That this11subsection shall not limit the authority of a county or city to adopt12street, road, or access standards.13

(6) The provisions of the state building code may be preempted by14any city or county to the extent that the code provisions relating to15the installation or use of sprinklers in jail cells conflict with the16secure and humane operation of jails.17

(7)(a) Effective one year after July 23, 1989, the governing18bodies of counties and cities may adopt an ordinance or resolution to19exempt from permit requirements certain construction or alteration of20either group R, division 3, or group M, division 1 occupancies, or21both, as defined in the uniform building code, 1988 edition, for22which the total cost of fair market value of the construction or23alteration does not exceed fifteen hundred dollars. The permit24exemption shall not otherwise exempt the construction or alteration25from the substantive standards of the codes enumerated in RCW2619.27.031, as amended and maintained by the state building code27council under RCW 19.27.070.28

(b) Prior to July 23, 1989, the state building code council shall29adopt by rule, guidelines exempting from permit requirements certain30construction and alteration activities under (a) of this subsection.31

Sec. 8. RCW 82.02.060 and 2012 c 200 s 1 are each amended to32read as follows:33

The local ordinance by which impact fees are imposed:34(1) Shall include a schedule of impact fees which shall be35

adopted for each type of development activity that is subject to36impact fees, specifying the amount of the impact fee to be imposed37for each type of system improvement. The schedule shall be based upon38a formula or other method of calculating such impact fees. In39

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determining proportionate share, the formula or other method of1calculating impact fees shall incorporate, among other things, the2following:3

(a) The cost of public facilities necessitated by new4development;5

(b) An adjustment to the cost of the public facilities for past6or future payments made or reasonably anticipated to be made by new7development to pay for particular system improvements in the form of8user fees, debt service payments, taxes, or other payments earmarked9for or proratable to the particular system improvement;10

(c) The availability of other means of funding public facility11improvements;12

(d) The cost of existing public facilities improvements; and13(e) The methods by which public facilities improvements were14

financed;15(2) May provide an exemption for low-income housing, and other16

development activities with broad public purposes, from these impact17fees, provided that the impact fees for such development activity18shall be paid from public funds other than impact fee accounts;19

(3) May provide an exemption from impact fees for low-income20housing. Local governments that grant exemptions for low-income21housing under this subsection (3) may either: Grant a partial22exemption of not more than eighty percent of impact fees, in which23case there is no explicit requirement to pay the exempted portion of24the fee from public funds other than impact fee accounts; or provide25a full waiver, in which case the remaining percentage of the exempted26fee must be paid from public funds other than impact fee accounts. An27exemption for low-income housing granted under subsection (2) of this28section or this subsection (3) must be conditioned upon requiring the29developer to record a covenant that, except as provided otherwise by30this subsection, prohibits using the property for any purpose other31than for low-income housing. At a minimum, the covenant must address32price restrictions and household income limits for the low-income33housing, and that if the property is converted to a use other than34for low-income housing, the property owner must pay the applicable35impact fees in effect at the time of conversion. Covenants required36by this subsection must be recorded with the applicable county37auditor or recording officer. A local government granting an38exemption under subsection (2) of this section or this subsection (3)39for low-income housing may not collect revenue lost through granting40

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an exemption by increasing impact fees unrelated to the exemption. A1school district who receives school impact fees must approve any2exemption under subsection (2) of this section or this subsection3(3);4

(4) Shall provide a credit for the value of any dedication of5land for, improvement to, or new construction of any system6improvements provided by the developer, to facilities that are7identified in the capital facilities plan and that are required by8the county, city, or town as a condition of approving the development9activity;10

(5) Shall allow the county, city, or town imposing the impact11fees to adjust the standard impact fee at the time the fee is imposed12to consider unusual circumstances in specific cases to ensure that13impact fees are imposed fairly;14

(6) Shall include a provision for calculating the amount of the15fee to be imposed on a particular development that permits16consideration of studies and data submitted by the developer to17adjust the amount of the fee;18

(7) Shall establish one or more reasonable service areas within19which it shall calculate and impose impact fees for various land use20categories per unit of development; and21

(8) May provide for the imposition of an impact fee for system22improvement costs previously incurred by a county, city, or town to23the extent that new growth and development will be served by the24previously constructed improvements provided such fee shall not be25imposed to make up for any system improvement deficiencies.26

(9) May not establish an impact fee amount for accessory dwelling27units, as defined in section 2 of this act, that is greater than28fifty percent of the amount set for single-family residences.29

For purposes of this section, "low-income housing" means housing30with a monthly housing expense, that is no greater than thirty31percent of eighty percent of the median family income adjusted for32family size, for the county where the project is located, as reported33by the United States department of housing and urban development.34

Sec. 9. RCW 35.63.210 and 1993 c 478 s 8 are each amended to35read as follows:36

Any ((local government)) city or county, as defined in ((RCW3743.63A.215)) section 2 of this act, that is planning under this38

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chapter shall comply with ((RCW 43.63A.215(3))) chapter 36.--- RCW1(the new chapter created in section 14 of this act).2

Sec. 10. RCW 35A.63.230 and 1993 c 478 s 9 are each amended to3read as follows:4

Any ((local government)) city or county, as defined in ((RCW543.63A.215)) section 2 of this act, that is planning under this6chapter shall comply with ((RCW 43.63A.215(3))) chapter 36.--- RCW7(the new chapter created in section 14 of this act).8

Sec. 11. RCW 36.70.677 and 1993 c 478 s 10 are each amended to9read as follows:10

Any ((local government)) city or county, as defined in ((RCW1143.63A.215)) section 2 of this act, that is planning under this12chapter shall comply with ((RCW 43.63A.215(3))) chapter 36.--- RCW13(the new chapter created in section 14 of this act).14

Sec. 12. RCW 36.70A.400 and 1993 c 478 s 11 are each amended to15read as follows:16

Any ((local government)) city or county, as defined in ((RCW1743.63A.215)) section 2 of this act, that is planning under this18chapter shall comply with ((RCW 43.63A.215(3))) chapter 36.--- RCW19(the new chapter created in section 14 of this act).20

NEW SECTION. Sec. 13. RCW 43.63A.215 (Accessory apartments—21Development and placement—Local governments) and 1993 c 478 s 7 are22each repealed.23

NEW SECTION. Sec. 14. Sections 1 through 5 of this act24constitute a new chapter in Title 36 RCW.25

--- END ---

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AN ACT Relating to local governments planning and zoning for1accessory dwelling units; amending RCW 35.63.210, 35A.63.230,236.70.677, and 36.70A.400; adding a new section to chapter 19.27 RCW;3adding a new chapter to Title 36 RCW; and repealing RCW 43.63A.215.4

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5

NEW SECTION. Sec. 1. FINDINGS AND INTENT. (1) The legislature6makes the following findings:7

(a) Washington state is experiencing a housing affordability8crisis. Many communities across the state are in need of more housing9options for renters.10

(b) Accessory dwelling units typically rent below market rate,11providing additional affordable housing options for renters.12

(c) Accessory dwelling units also help to provide housing for13very low-income households. More than ten percent of accessory14dwelling units in some areas are occupied by tenants who pay no rent15at all; among these tenants are grandparents, adult children, family16members with disabilities, and friends going through life17transitions. Accessory dwelling units meet the needs of these people18who might otherwise require subsidized housing space and resources19needed by other households.20

H-2026.1SUBSTITUTE HOUSE BILL 1797

State of Washington 66th Legislature 2019 Regular SessionBy House Local Government (originally sponsored by RepresentativesGregerson, Barkis, Ryu, Peterson, Orwall, Stokesbary, Doglio, Macri,Davis, Jinkins, Lekanoff, Fitzgibbon, Young, Frame, and Goodman)READ FIRST TIME 02/22/19.

p. 1 SHB 1797159

(d) Homeowners who add an accessory dwelling unit to her or his1property may benefit from added income and an increased sense of2security.3

(e) Accessory dwelling units can also benefit neighborhoods by4expanding rental options near public amenities such as schools,5parks, and transit without changing the look and feel of existing6neighborhoods.7

(f) Accessory dwelling units may reduce economic displacement in8existing communities by expanding the range of available housing9options and prices.10

(g) Accessory dwelling units are a housing choice that provides11environmental benefits. They promote energy conservation compared12with average size single-family homes. In addition, the siting of13additional accessory dwelling units near transit hubs can help to14reduce greenhouse gas emissions.15

(h) Removing certain regulatory barriers to the construction of16accessory dwelling units, such as inflexible design standards and17siting restrictions, may substantially reduce construction costs,18thereby enabling more homeowners to add accessory dwelling units to19their properties. The increased availability of accessory dwelling20units will provide benefits to homeowners, renters, the community,21and the environment.22

(2) The legislature intends to promote and encourage the creation23of accessory dwelling units as a means to address the need for24additional affordable housing options. The legislature encourages25local governments to increase the availability of affordable housing26by subsidizing accessory dwelling units with local sales tax revenue,27as authorized by House Bill No. 1406.28

NEW SECTION. Sec. 2. DEFINITIONS. The definitions in this29section apply throughout this chapter unless the context clearly30requires otherwise.31

(1) "Accessory dwelling unit" means a dwelling unit located on32the same lot as a single-family housing unit.33

(2) "Attached accessory dwelling unit" means an accessory34dwelling unit located within or attached to a single-family housing35unit.36

(3) "Detached accessory dwelling unit" means an accessory37dwelling unit that consists partly or entirely of a building that is38separate and detached from a single-family housing unit.39

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(4) "Dwelling unit" means a residential living unit that provides1complete independent living facilities for one or more persons and2that includes permanent provisions for living, sleeping, eating,3cooking, and sanitation.4

(5) "Cities" means all cities, code cities, and towns with a5population of ten thousand or more, and cities with a population of6two thousand five hundred or more in which any portion of the city7lies within a transit service district.8

(6) "Counties" means all counties with a population of fifteen9thousand or more.10

(7) "Gross floor area" means the interior habitable area of a11dwelling unit including basements and attics but not including a12garage or accessory structure.13

NEW SECTION. Sec. 3. ACCESSORY DWELLING UNIT REGULATIONS14REQUIRED. (1) Cities and counties may adopt or amend by ordinance and15incorporate into their development regulations, zoning regulations,16and other official controls, an authorization for the creation of17accessory dwelling units.18

(2) Ordinances, development regulations, and other official19controls adopted or amended pursuant to this chapter may only apply20in the portions of counties that are within designated urban growth21areas.22

(3) Counties will be held harmless from growth management act and23state environmental policy act related appeals when taking action24necessary to meet the requirements of this act.25

NEW SECTION. Sec. 4. GENERAL REGULATORY REQUIREMENTS.26Ordinances, development regulations, and other official controls27adopted or amended as required by this chapter:28

(1) May allow, on all lots on which there is a single-family29housing unit, the first of either an attached accessory dwelling unit30and one detached accessory dwelling unit. To allow local flexibility,31this requirement shall be subject to such regulations, conditions,32procedures, and limitations as determined by the local legislative33authority except as provided in this section;34

(2) May only require installation of a new or separate utility35connection between an attached accessory dwelling unit and a utility36after finding that site-specific technical, environmental, or37

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financial considerations warrant separation of utility connections1for accessory dwellings from preexisting structures;2

(3) Are encouraged not to consider attached accessory dwelling3units to be new residential uses for the purpose of calculating4connection fees or capacity charges for utilities. Any connection5fees or system development charges must: (a) Be proportionate to the6burden of the proposed accessory dwelling unit upon the water or7sewer system; and (b) not exceed the reasonable cost of providing the8service;9

(4) May require a new or separate utility connection directly10between a detached accessory dwelling unit and a utility and may11subject the connection to a connection fee or capacity charge that12must: (a) Be proportionate to the burden of the proposed accessory13dwelling unit upon the water or sewer system; and (b) not exceed the14reasonable cost of providing the service;15

(5) Are encouraged not to count residents of accessory dwelling16units against any limits on the number of unrelated residents on a17single-family lot;18

(6) Are encouraged not to count the gross floor area of an19accessory dwelling unit against any floor area ratio limitations that20apply to single-family housing units;21

(7) Cities with a population of one hundred thousand or more, are22encouraged not to require the owner of a lot on which there is an23accessory dwelling unit to reside in or occupy the accessory dwelling24unit or another housing unit on the same lot; and25

(8) May require an accessory dwelling unit to be accessible to26fire department apparatus by way of a public street or approved fire27apparatus access.28

NEW SECTION. Sec. 5. DEVELOPMENT STANDARDS. Ordinances,29development regulations, and other official controls adopted or30amended as required by this chapter should look to minimize the31impact of these regulations on the construction cost of an accessory32dwelling unit, and without adopted findings:33

(1) Should not establish a root height limitation on detached34accessory dwelling units that is less than twenty-four feet;35

(2) Should not establish a wall height limitation on detached36accessory dwelling units that is less than seventeen feet;37

(3) Should not establish a maximum gross floor area for accessory38dwelling units that is less than one thousand square feet;39

p. 4 SHB 1797162

(4) Should not establish a minimum gross floor area for accessory1dwelling units that is greater than one hundred forty square feet;2

(5) Should not establish setback regulations for accessory3dwelling units that are more restrictive than regulations for single-4family housing units;5

(6) The legislature encourages cities to allow detached accessory6dwelling units to be sited at the lot line of the rear yard if the7rear yard is adjacent to an alley;8

(7) Should not establish a requirement for the provision of off-9street parking for accessory dwelling units within one-half mile of a10fixed guideway transit stop;11

(8)(a) Local ordinances may establish a requirement for the12provision of one parking space per accessory dwelling unit for any13accessory dwelling unit that will be used as a short-term rental.14

(b)(i) For the purposes of this section, "short-term rental"15means a lodging use, that is not a hotel or motel or bed and16breakfast, in which a dwelling unit, or portion thereof, is offered17or provided to a guest by a short-term rental operator for a fee for18fewer than thirty consecutive nights.19

(ii) "Short-term rental" does not include any of the following:20(A) A dwelling unit that is occupied by the owner for at least21

six months during the calendar year and in which fewer than three22rooms are rented at any time;23

(B) A dwelling unit, or portion thereof, that is used by the same24person for thirty or more consecutive nights; or25

(C) A dwelling unit, or portion thereof, that is operated by an26organization or government entity that is registered as a charitable27organization with the secretary of state, state of Washington, or28classified by the federal internal revenue service as a public29charity or a private foundation, and provides temporary housing to30individuals who are being treated for trauma, injury, or disease, or31their family members;32

(9) May exempt designated historical districts that have been33recognized as such under local ordinance.34

NEW SECTION. Sec. 6. A new section is added to chapter 19.2735RCW to read as follows:36

By April 1, 2020, the building code council shall adopt rules37pertaining to accessory dwelling units that are consistent with the38

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definitions and standards in chapter 36.--- RCW (the new chapter1created in section 12 of this act).2

Sec. 7. RCW 35.63.210 and 1993 c 478 s 8 are each amended to3read as follows:4

Any ((local government)) city or county, as defined in ((RCW543.63A.215)) section 2 of this act, that is planning under this6chapter shall comply with ((RCW 43.63A.215(3))) chapter 36.--- RCW7(the new chapter created in section 12 of this act).8

Sec. 8. RCW 35A.63.230 and 1993 c 478 s 9 are each amended to9read as follows:10

Any ((local government)) city or county, as defined in ((RCW1143.63A.215)) section 2 of this act, that is planning under this12chapter shall comply with ((RCW 43.63A.215(3))) chapter 36.--- RCW13(the new chapter created in section 12 of this act).14

Sec. 9. RCW 36.70.677 and 1993 c 478 s 10 are each amended to15read as follows:16

Any ((local government)) city or county, as defined in ((RCW1743.63A.215)) section 2 of this act, that is planning under this18chapter shall comply with ((RCW 43.63A.215(3))) chapter 36.--- RCW19(the new chapter created in section 12 of this act).20

Sec. 10. RCW 36.70A.400 and 1993 c 478 s 11 are each amended to21read as follows:22

Any ((local government)) city or county, as defined in ((RCW2343.63A.215)) section 2 of this act, that is planning under this24chapter shall comply with ((RCW 43.63A.215(3))) chapter 36.--- RCW25(the new chapter created in section 12 of this act).26

NEW SECTION. Sec. 11. RCW 43.63A.215 (Accessory apartments—27Development and placement—Local governments) and 1993 c 478 s 7 are28each repealed.29

NEW SECTION. Sec. 12. Sections 1 through 5 of this act30constitute a new chapter in Title 36 RCW.31

--- END ---

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CITY OF BURIEN, WASHINGTON

RESOLUTION NO. ___ ______________________________________________________________________________

A RESOLUTION OF THE CITY OF BURIEN, WASHINGTON, OPPOSING ANY INCREASES IN TRUCK SIZE AND WEIGHT, WHICH WOULD CREATE A STRAIN ON OUR INFRASTRUCTURE, ULTIMATELY CAUSING SERIOUS SAFETY AND FUNDING ISSUES

______________________________________________________________________________ WHEREAS, the City of Burien is concerned for the welfare and safety of our residents and families that travel our road; and WHEREAS, bigger commercial trucks have caused greater acceleration of the deterioration of our highways, roads and bridges, putting further pressure on local taxpayers to repair or replace infrastructure; and

WHEREAS, there are 3,894 bridges that are in fair/poor condition according to the 2017 Federal Highway Administration—that is over 47 percent of bridges statewide; and

WHEREAS, the City of Burien is aware of efforts in the state of Washington to put into

place a pilot project that would allow for triple trailer trucks on our roadways and are opposed to any increases in the weights and lengths of tractor-trailer trucks on our roadways; and

WHEREAS, to allow triple trailer trucks in Washington State would mean more dangerous

and damaging trucks running on local roads through our cities and towns where people live, work and play; and,

WHEREAS, there were 2,051 large-truck crashes in Washington State in 2017, a 14%

increase from the previous year, according to the Federal Motor Carrier Safety Administration. Large truck fatalities have increased significantly each year since 2014; and,

WHEREAS, United States Department of Transportation’s 2016 Comprehensive truck

size and weight study has a final recommendation against any increases to the current truck size and weight limits; and

WHEREAS, Congress rejected legislation in 2015 that would have allowed longer and heavier trucks on our roadway. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURIEN, WASHINGTON, DOES RESOLVE AS FOLLOWS: Section 1. the City of Burien opposes any legislation seeking to increase the weights or

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- 2 - R:/CC/AAA Resolutions/Res

lengths of tractor-trailer trucks, including triple trailer trucks on our roads.

Section 2. Effective Date. This resolution shall take effect immediately upon passage by the Burien City Council. ADOPTED BY THE CITY COUNCIL OF THE CITY OF BURIEN, WASHINGTON, AT A REGULAR MEETING THEREOF THIS ____ DAY OF ___________, 2019. CITY OF BURIEN ______________________________ Jimmy Matta, Mayor ATTEST/AUTHENTICATED: ______________________________ Monica Lusk, City Clerk Approved as to form: ______________________________ Lisa Marshall, City Attorney Filed with the City Clerk: Passed by the City Council: Resolution No.

166

March ____, 2019 On behalf of the City of Burien, please find enclosed a resolution passed by our city council, opposing any increases in truck size and weight on our roadways. Due to the dangers that this could bring to our roads, as well as continued damage to our infrastructure, we simply cannot support heavier trucks on our roadways. We’ve recently learned that there are efforts being pushed in the WA legislature to allow triple trailer trucks on our roadways. The City of Burien is uniquely placed near the Port of Seattle as well as the airport and we receive a great amount of truck traffic in our city and on your local roads. Local communities and our residents are what drive this country. We are elected by the people to so what we can to make our communities better for our residents and families and often times that comes in many different manners. Allowing these triple trailer trucks or any heavier and longer tractor-trailer truck combinations on our roads will most certainly set us back in our efforts to do so. While we understand the business of the trucking industry and the need for trucks to keep our economy moving, we simply aren’t ready to handle trucks with so much weight or length. Much of our transportation infrastructure that connects people to jobs, schools and leisure is in bad shape, in part because of local and rural roads and bridges are older and not build to the same standards as Interstates. The impacts of longer or heavier tractor-trailer trucks would only worsen these problems. Millions of miles of truck traffic operate on our local roads and bridges across the country, where all our families live, work and play. Longer and heavier trucks would cause significantly more damage to our infrastructure, costing billions of dollars that local government budgets simply cannot afford and most of all, compromising the very routes that American motorist use every day. My concerns for this are great. As proponents for bigger trucks continue to push for longer trucks in WA, I hope you will understand and share our concerns and oppose any legislation that would allow heavier or longer trucks, including triple tractor trailer trucks on our roadways. Sincerely,

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March 11, 2019

TO: House Committee on Environment and Energy Committee Members

RE: E2SSB 5116: Transitioning to 100% Clean Electricity

Dear Chair Fitzgibbon and House Committee on Environment and Energy members,

Thank you for your work to review and revise a number of important climate and energy bills this

session. SSB 5116 is a top priority as we work locally and regionally to make deep reductions in climate

pollution. We are members of the King County-Cities Climate Collaboration (K4C), a coalition of 16 local

governments (King County and 15 cities) and the Port of Seattle working to advance a shared climate

change goal of reducing emissions 80% by 2050.

There is much the local governments can and must do to reduce greenhouse gas emissions, including

improving energy efficiency in our buildings, producing and purchasing renewable electricity, electrifying

fleets, and supporting transit. However, to meet our ambitious climate goals, we also need state-level

policy action to require cleaner electricity supplies. We are seeking solutions that accelerate the

transition to clean, renewable energy and make it broadly available to all our residents, particularly

those most impacted by air pollution and least able to invest in energy efficiency or renewable energy.

We like the focus of the bill on energy efficiency as foundational to cost-effectively transitioning to clean

energy. We appreciate the establishment of clear interim benchmarks including transition off coal by

2025 and carbon neutral electricity by 2030. We understand the need for utilities and state regulatory

agencies to ensure reliability and ratepayer fairness.

The bill that passed out of the Senate provides foundational policy to reach 100% Clean Energy by 2045.

We urge the Committee ensure that the final bill will meet its intended goals by:

Retaining strong interim benchmarks to monitor progress and ensure accountability;

Structuring the 100% clean energy by 2045 policy goal more clearly as a requirement or target

that drives action;

Requiring use of a cost of carbon in planning and decision-making so that energy supply

investments are informed by a full understanding of risks and costs;

Applying provisions as consistently and fairly as possible to utilities across Washington State to

ensure that the bill meets its intended outcomes for reducing greenhouse gas emissions;

Retaining requirements for utility assistance to low income customers.

Thank you for your work to review and advance bills that will help us to build a clean energy future and

comprehensive approach to tackling climate change.

King County Executive Dow Constantine Mercer Island Councilmember Bruce Bassett Kirkland Deputy Mayor Jay Arnold

Snoqualmie Mayor Matt Larson Additional signers?

168

169

PROCLAMATION OF THE BURIEN CITY COUNCIL OF THE CITY OF BURIEN, WASHINGTON, PROCLAIMING

MAY 13–17, 2019 AS AFFORDABLE HOUSING WEEK

WHEREAS, all people should have access to safe, healthy, and affordable homes; and

WHEREAS, studies have found that each $100 increase in median rent results in a 15% increase in homelessness in metro areas and a 39% increase in homelessness in nearby suburbs and rural areas; and

WHEREAS, there were 397 students in Burien schools identified as homeless during the 2017-18 school year by the Highline School District; and

WHEREAS, the combined cost burden of housing plus transportation can be substantially reduced by locating affordable housing opportunities in proximity to transit; and

WHEREAS, everyone benefits from affordable housing, including the people who reside in these properties, their neighbors, businesses, employers, and the community as a whole; and

WHEREAS, the Association of Washington Cities determined that enhancing efforts to increase affordable housing, decrease homelessness, and improve a strained behavioral health system was a critical priority for the 2019 Legislative Session; and

WHEREAS, the City of Burien endorses the goals, objectives, and purposes of Affordable Housing Week, and in doing so, recommits itself to ensuring that our community thrives with opportunity, and that all people in it live with dignity in safe, healthy, and affordable homes; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BURIEN, WASHINGTON DOES HEREBY ASK ALL BURIEN

CITIZENS TO JOIN TOGETHER TO PROCLAIM

MAY 13–17, 2019 AS AFFORDABLE HOUSING WEEK IN THE CITY OF BURIEN

Dated this 15th day of April, 2019.

Mayor Jimmy Matta

Deputy Mayor Austin Bell Councilmember Krystal Marx Councilmember Bob Edgar Councilmember Pedro Olguin

Councilmember Lucy Krakowiak Councilmember Nancy Tosta

______________________________

Mayor Jimmy Matta, City of Burien

170

PROCLAMATION OF THE BURIEN CITY COUNCIL OF THE CITY OF BURIEN, WASHINGTON, PROCLAIMING

MAY 15 AS PEACE OFFICERS MEMORIAL DAY and MAY 13–19, 2019 AS

NATIONAL POLICE WEEK IN THE CITY OF BURIEN

WHEREAS, in 1962, President John F. Kennedy signed a proclamation which designated

May 15 as Peace Officers Memorial Day and the week in which that date falls as Police Week;

and

WHEREAS, a Memorial Service first began in 1982 as a gathering in Washington, DC of

approximately 120 survivors and supporters of law enforcement, and then decades later, this

event grew into a major commemorative event at our nation's capital and across the county

during National Police Week; and

WHEREAS, this week, tens of thousands of law enforcement officers from around the world

converge on Washington, DC to participate in a number of planned events to honor those that

have paid the ultimate sacrifice; and

WHEREAS, many jurisdictions around the world pause to honor their police; and

WHEREAS, the Burien Police Department officers and staff work rigorously every day to

fulfill their responsibilities of preserving life and property in the City of Burien.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BURIEN, WASHINGTON DOES HEREBY ASK ALL

BURIEN CITIZENS TO JOIN TOGETHER TO PROCLAIM

MAY 15 AS PEACE OFFICERS MEMORIAL DAY and MAY 14 -18, 2018 AS NATIONAL POLICE WEEK

IN THE CITY OF BURIEN, AND URGES ALL TO JOIN TOGETHER IN THANKING OUR BURIEN POLICE

PERSONNEL FOR THEIR DEDICATED PERFORMANCE OF DUTIES TO KEEP US SAFE.

Dated this 6th day of May, 2019.

Mayor Jimmy Matta

Deputy Mayor Austin Bell Councilmember Krystal Marx

Councilmember Bob Edgar Councilmember Pedro Olguin

Councilmember Lucy Krakowiak Councilmember Nancy Tosta

______________________________

Mayor Jimmy Matta, City of Burien

171

PROCLAMATION OF THE BURIEN CITY COUNCIL OF THE CITY OF BURIEN, WASHINGTON, PROCLAIMING

SEXUAL ASSAULT AWARENESS MONTH IN THE CITY OF BURIEN WHEREAS, in Washington state, 45 percent of women and 22 percent of men report having experienced sexual violence in their lifetime; and

WHEREAS, the risk is even higher for people of color, refugees, immigrants, LGBTQ, and other marginalized community members; and

WHEREAS, in King County, more than 7,300 adults and children received specialized assistance from organizations with programming for sexual assault victims in 2018; and

WHEREAS, demand for services at the King County Sexual Assault Resource Center jumped 19

percent last year, reflecting the cultural shift that is taking place that has prompted many survivors who have remained silent to now speak up and seek the help they need to heal; and

WHEREAS, negative impacts of sexual violence trauma include fear, concern for safety, symptoms of post-traumatic stress disorder, injury, and missed work or school; and

WHEREAS, working together to educate our community about sexual violence, supporting survivors when they come forward, speaking out against harmful attitudes and actions, and engaging in best-practice sexual violence prevention work helps end sexual violence.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BURIEN, WASHINGTON,

DOES HEREBY PROCLAIM APRIL 2019 AS SEXUAL ASSAULT AWARENESS MONTH

IN THE CITY OF BURIEN, AND URGES ALL RESIDENTS TO JOIN US IN TAKING ACTION TO PREVENT

SEXUAL VIOLENCE BY STANDING WITH SURVIVORS AND COMMITTING TO A SAFER FUTURE FOR ALL

CHILDREN, YOUNG PEOPLE, ADULTS, AND FAMILIES IN OUR COMMUNITY.

Dated this __ day of __, 2019.

Mayor Jimmy Matta

Deputy Mayor Austin Bell Councilmember Krystal Marx Councilmember Bob Edgar Councilmember Pedro Olguin

Councilmember Lucy Krakowiak Councilmember Nancy Tosta ______________________________

Mayor Jimmy Matta, City of Burien

172

D L

Burien

MINUTES

Business & Economic Development

Partnership Meeting Friday, December 14, 2018

400 SW 152nd St., Ste. 300, Miller Creek Conference Room

PRESENT: Members: Robyn Desimone, Joshua Halpin, Dean Anderson, Garry Crane, Pier David,

Suzanne Greive, Michael Prato, Nancy Scholl, and Matthew Wendland.

Staff: Andrea Snyder, Chris Craig, and Carol Allread.

EXCUSED: Debra George

ABSENT:

1. APPROVAL OF MINUTES

The October 12, October 26, and November 9, 2018 minutes were unanimously approved as written.

2. PUBLIC COMMENT

No public comment.

3. CHAIR'S REPORT

Chair Robyn Desimone and Economic Development Manager Andrea Snyder debriefed the

Partnership on the December 3, 2018, City Council meeting, where Council selected Hotel Concepts

to sell a parcel of City-owned land for the purpose of building a hotel. The Hotel Advisory Committee

was present to share thoughts prior to the vote. Final contract negotiations will take place over the

next several months, with Council approving the final contract. Hotel Concepts has developed

properties in Hawaii and SeaTac (the new Aloft hotel). The Burien development will contribute to the

City's vitality with the addition of a 140 guestroom hotel and 100 units of multifamily residential

living.

4. HOTEL DEVELOPMENT UPDATE

Andrea, Economic Development Specialist Chris Craig, and City Attorney Lisa Marshall will meet with

a land use attorney later in the day to discuss next steps.

5. REVIEW WORK PLAN

Andrea Snyder confirmed the 2019 work plan as adopted by the Partnership at its October 12, 2018

173

Business & Economic Development Partnership

December 14, 2018

meeting. The work plan will go to Council in early 2019 when the BEDP makes their annual

presentation. Partnership members agreed on the plan as adopted. There will be more discussion

and prep at the January 11, 2019 meeting.

6. REVIEW BIOS/TAKE PICTURES

In order to streamline information regarding City boards and commissions, photos and bios for all

members will be posted on the City's website. Staff prepared brief bios for member review/edit, and

took photos during the meeting.

7. CITY REPORT

Andrea shared that the proposed ordinance to ban plastic bags will go before City Council on

Monday, December 17, 2018.

8. DISCOVER BURIEN REPORT

In 2019, adjustments have been made to some of the annual events and new events have been

added:

• A Low Rider Car Show will be paired with Strawberry Days.

• The Major Taylor B-Town Criterion Race will return (held July 4th).

• The Wellness Fair has been moved to August and will include a Crossfit Challenge.

• A new event, Miracle on 152nd St. Holiday Movie in the Park, is scheduled for November

30th, and will feature all day shopping, Town Square activities noon-7:00 p.m., hot treats,

Santa's workshop, and a blanket and coat drive.

9. ADJOURNMENT

Meeting Adjourned at 8:40 am.

10. REMINDER

The next meeting is Friday, January 11, 2019, 7:30 a.m.

174

Business & Economic Development Partnership

December 14, 2018

11. BUSINESS AND ECONOMIC DEVELOPMENT PARTNERSHIP MEMBERS

Robyn Desimone, Chair

Joshua Halpin, Vice Chair

Garry Crane

Suzanne Greive

Vacant

Michael Prato

Matthew Wendland

Discover Burien, Executive

Director

Dean Anderson

Pier David

Vacant

Vacant

Nancy Scholl

Vacant

Language interpretation services are available upon request. Please phone 206-248-

5517 at least 48 hours prior to the meeting to request assistance.

Servicios de interpretaci6n de espanol estan disponibles bajo petici6n. Por favor de

llamar al numero 206-248-5517 por lo menos 48 horas antes de la reunion para

solicitar asistencia.

City Council, advisory board, and committee meetings are accessible to people with

disabilities. American Sign Language (ASL) interpretation and assisted listening devices

are available upon request. Please phone 206-248-5517 at least 48 hours prior to the

meeting to request assistance.

Las reuniones del Concejo Municipal, Consejo consultivo y el comite son accesibles a

personas con discapacidades. lnterpetacion de lengua de senas americana y aparatos

de escucha asistida estan disponibles bajo petici6n. Por favor de llamar al numero 206-

248-5517 por lo menos 48 horas antes de la reunion para solicitar asistencia.

175

n a

e,urien

PRESENT:

EXCUSED:

ABSENT:

GUESTS:

MINUTES

Business & Economic Development

Partnership Meeting Friday, January 11, 2019

400 SW 152nd St., Ste. 300, Miller Creek Conference Room

Robyn Desimone, Chair, Joshua Halpin, Vice Chair, Dean Anderson, Garry Crane, Pier

David, Debra George, Nancy Scholl, and Matthew Wendland

Michael Prato

Suzanne Greive

Malika Johnson, Council member Nancy Tosta

1. APPROVAL OF MINUTES

The December 14, 2018 minutes were unanimously approved as written.

2. PUBLIC COMMENT

There was no public comment.

3. CHAIR REPORT

Chair Robyn Desimone and Economic Development Manager Andrea Snyder announced the

openings on the BEDP at the Discover Burien Board meeting on Wednesday, January 9, 2019 and

requested that board members spread the word. There are sectors that are currently not

represented on the BEDP, such as restaurants, bars, and hospitals. BEDP members are also asked to

spread the word and interested parties can attend a BEDP meeting to see if they are interested in

applying. Applications are available on the City's website.

4. PLASTIC BAG ORDINANCE UPDATE

Economic Development Specialist Chris Craig shared that at its January 7, 2019 meeting, City Council

passed Ordinance 690 restricting the use and sale of single-use plastic bags. City staff are

coordinating communication efforts to prepare businesses and residents for the official effective

date of January 1, 2020.

176

Business & Economic Development Partnership

January 11, 2019

5. URBAN CENTER PLAN - GUEST: BURIEN CITY PLANNER THARA JOHNSON

Senior Planner Thara Johnson announced that the City is initiating an Urban Center Plan. It will focus

on approximately 353 acres that center around Burien Town Square and will provide development

goals and policies specific to the conditions, challenges, and opportunities in that area. Stakeholders

are needed to form an advisory committee to participate in a visioning process as part of developing

the Urban Center Plan. There will be three committee meetings; the first will be held Thursday,

February 7, 2019, and the subsequent meetings will be held in June and August, 2019 (specific dates

tbd). A community workshop will also be held. This will set the vision for the next 20-30 years. BEDP

members that would like to participate in the advisory committee may notify Chris, or contact Thara

directly at tharaj@burienwa.gov, or 2206-436-5574.

6. PREPARE FOR CITY COUNCIL PRESENTATION ON JANUARY 28

Chris led a review of the annual report/work plan that will be presented to City Council at the

January 28, 2019, study session. Members identified two minor edits.

Members discussed the ten recommendations from the SW 153rd Improvement Study and

prioritized the top three to focus on in the coming year:

1. Mandatory garbage and dumpster locks

2. Business fa!;ade improvements

3. Create SW 153rd business leadership committee to prioritize aesthetic improvements (potted

trees, plants, art on street poles) and address parking

Chris called for members to conduct the presentation; Robyn Desimone, Joshua Halpin, and Debra

George agreed to present, and Nancy Scholl will be in attendance. The annual report will be

presented orally and PowerPoint slides will be used for the SW 153rd presentation. Preparation time

will be scheduled on the Friday, January 25, 2019, BEDP meeting agenda.

7. UPDATE ON LAW ENFORCEMENT ASSISTED DIVERSION (LEAD) - GUEST: LEAD PROJECT MANAGER

MALIKA LAMONT

Malika Lamont explained that LEAD is a program that is tailored to individual communities and

brings law enforcement, prosecutors, and case managers together to connect non-violent, frequent

low-level offenders to services and away from the criminal justice system to reduce recidivism.

Initially, individuals will be referred to LEAD by law enforcement and eventually may be referred

through a social contact. LEAD works with those hardest to reach to help them gain access to mental

health and substance abuse treatment, housing, and other services. The Burien program is

anticipated to launch by the end of first quarter.

177

8. CITY REPORT

Business & Economic Development Partnership

January 11, 2019

City Manager Wilson provided an update on community issues, news, current events and City

projects. Some highlights include:

• City Council selected Hotel Concepts to develop a 140-guest room hotel and 100 units of

multi-family housing on the City-owned parcel near the Transit Center.

• City Council adopted the 2019-2020 budget at the December 17, 2018, Council Meeting. This

balanced budget maintains current levels of services, addresses an identified gap, and looks

at options to enhance services in the future.

• A survey has been launched to evaluate the usability of the City's new website platform.

• The City is recruiting for an intern in the Communications Division. Amy Moosman, who

occupied the position previously, has accepted a full-time positon with the Department of

Natural Resources.

• Staff is working on tenant protections to help residents who may be struggling to remain

sheltered.

• Chief Boe is performing a lot of outreach in the community; in the near future, he will be

forming a Police Advisory Committee.

• The City is seeing an overall reduction in crime rates.

9. DISCOVER BURIEN REPORT

Executive Director Debra George provided the Discover Burien update:

• The 2019 calendar of events is now available.

• The Discover Burien website has been updated to allow for online registration/payment for

events and sponsorship.

• The next Discover Burien After-Hours event is scheduled for Wednesday, January 16, 2019,

5:30-7:00 p.m., at Deeper Church, 15434 10th Ave SW.

10. AROUND THE TABLE

11. ADJOURNMENT

The meeting adjourned at 9:02 a.m.

12. REMINDER

Next Meeting: Friday, January 25, 2019, 7:30 a.m.

178

Business & Economic Development Partnership

January 11, 2019

13. BUSINESS AND ECONOMIC DEVELOPMENT PARTNERSHIP MEMBERS

Robyn Desimone, Chair

Joshua Halpin, Vice Chair

Garry Crane

Suzanne Greive

Vacant

Michael Prato

Matthew Wendland

Discover Burien, Executive

Director

Dean Anderson

Pier David

Vacant

Vacant

Nancy Scholl

Vacant

179

AGENDA

Business & Economic Development

Partnership Friday, January 11, 2019 - 7:30 a.m.

City Hall, 400 SW 152nd St., Ste. 300

1. APPROVAL OF MINUTES

1.1 Minutes

Business & Economic Development Partnership - 14 Dec 2018 -

Minutes - Pdf

2. PUBLIC COMMENT

3. CHAIR REPORT

4. PLASTIC BAG ORDINANCE UPDATE

5. URBAN CENTER PLAN - GUEST: BURIEN CITY PLANNER THARA JOHNSON

6. PREPARE FOR CITY COUNCIL PRESENTATION ON JANUARY 28

7. UPDATE ON LAW ENFORCEMENT ASSISTED DIVERSION (LEAD) - GUEST: LEAD

PROJECT MANAGER MALIKA LAMONT

8. CITY REPORT

9. DISCOVER BURIEN REPORT

10. AROUND THE TABLE

11. ADJOURNMENT

12. REMINDER

Next Meeting: Friday, January 25, 2019, 7:30 a.m.

180

BUSINESS AND ECONOMIC DEVELOPMENT PARTNERSHIP MEMBERS

Robyn Desimone, Chair

Joshua Halpin, Vice Chair

Garry Crane

Suzanne Greive

Vacant

Michael Prato

Matthew Wendland

Discover Burien, Executive

Director

Dean Anderson

Pier David

Vacant

Vacant

Nancy Scholl

Vacant

Language interpretation services are available upon request. Please phone 206-248-5517 at

least 48 hours prior to the meeting to request assistance.

Servicios de interpretaci6n de espanol estan disponibles bajo petici6n. Por favor de llamar al

numero 206-248-5517 por lo menos 48 horas antes de la reunion para solicitar asistencia.

City Council, advisory board, and committee meetings are accessible to people with disabilities.

American Sign Language (ASL) interpretation and assisted listening devices are available upon

request. Please phone 206-248-5517 at least 48 hours prior to the meeting to request

assistance.

Las reuniones del Concejo Municipal, Consejo consultivo y el comite son accesibles a personas

con discapacidades. lnterpetacion de lengua de senas americana y aparatos de escucha asistida

estan disponibles bajo petici6n. Por favor de llamar al numero 206-248-5517 por lo menos 48

horas antes de la reunion para solicitar asistencia.

181

L '"

a- a

AGENDA

Business & Economic Development

Partnership

Burien Friday, February 8, 2019 - 7:30 a.m.

City Hall, 400 SW 152nd St., Ste. 300

1. REVIEW/APPROVE MINUTES

2.

3.

4.

5.

6.

7.

8.

9.

10.

1.1 January 11, 2019 minutes.

Draft Minutes

PUBLIC COMMENT

CHAIR REPORT

BUSINESS SURVEY REPORT

NOISE ORDINANCE

CITY REPORT

DISCOVER BURIEN REPORT

AROUND THE TABLE

ADJOURNMENT

REMINDER

Next meeting: Friday, February 22, 2019

BUSINESS AND ECONOMIC DEVELOPMENT PARTNERSHIP MEMBERS

Robyn Desimone, Chair

Joshua Halpin, Vice

Chair

Garry Crane

Suzanne Greive

Vacant

Michael Prato

Matthew Wendland

Dean Anderson

Pier David

Vacant

Vacant

Nancy Scholl

Vacant

( 182

Discover Burien, Exec.

Dir.

Language interpretation services are available upon request. Please phone 206-248-5517 at

least 48 hours prior to the meeting to request assistance.

Servicios de interpretaci6n de espanol estan disponibles bajo petici6n. Por favor de Ila mar al

numero 206-248-5517 por lo menos 48 horas antes de la reunion para solicitar asistencia.

City Council, advisory board, and committee meetings are accessible to people with disabilities.

American Sign Language (ASL) interpretation and assisted listening devices are avallable upon

request. Please phone 206-248-5517 at least 48 hours prior to the meeting to request

assistance.

Las reuniones del Concejo Municipal, Consejo consultivo y el comite son accesibles a personas

con discapacidades. lnterpetacion de lengua de sefias americana y aparatos de escucha asistida

estan disponibles bajo petici6n. Por favor de llamar al numero 206-248-5517 por lo menos 48

horas antes de la reunion para solicitar asistencia.

183

AGENDA

tt L

Business & Economic Development

Partnership

Burien Friday, February 22, 2019 - 7:30 a.m.

City Hall, 400 SW 152nd St., Ste. 300

1. CHAIR REPORT

2. RESIDENTIAL TENANT PROTECTIONS

3. UPDATE ON POTENTIAL PLASTICS BANS

4. UPDATE ON BEDP APPLICATIONS

5. OPPORTUNITY ZONE EVENT

6. UPDATE ON SIGN CODE

7. CITY COUNCIL PRESENTATION MONDAY, FEBRUARY 25, 2019

8. CITY REPORT

9. DISCOVER BURIEN REPORT

10. AROUND THE TABLE

11. ADJOURNMENT

12. REMINDER

The next meeting is Friday, March 8, 2019, 7:30 a.m.

BUSINESS AND ECONOMIC DEVELOPMENT PARTNERSHIP MEMBERS

Robyn Desimone, Chair

Joshua Halpin, Vice

Chair

Garry Crane

Suzanne Greive

Vacant

Michael Prato

Matthew Wendland

Dean Anderson

Pier David

Vacant

Vacant

Nancy Scholl

Vacant

184

Discover Burien, Exec.

Dir.

Language interpretation services are available upon request. Please phone 206-248-5517 at

least 48 hours prior to the meeting to request assistance.

Servicios de interpretaci6n de espanol estan disponibles bajo petici6n. Par favor de llamar al

numero 206-248-5517 par lo menos 48 horas antes de la reunion para solicitar asistencia.

City Council, advisory board, and committee meetings are accessible to people with disabilities.

American Sign Language (ASL} interpretation and assisted listening devices are available upon

request. Please phone 206-248-5517 at least 48 hours prior to the meeting to request

assistance.

Las reuniones del Concejo Municipal, Consejo consultivo y el comite son accesibles a personas

con discapacidades. lnterpetacion de lengua de sef\as americana y aparatos de escucha asistida

estan disponibles bajo petici6n. Par favor de llamar al numero 206-248-5517 par lo menos 48

horas antes de la reunion para solicitar asistencia.

185

DOUBLEDAY / FEBRUARY 2019 FEDERAL UPDATE 1

February 28, 2019

TO: Brian Wilson, City Manager, Burien

Maiya Andrews, Public Works Director

FM: Mike Doubleday, Federal Relations

RE: February 2019 Federal Update

Congress was in session for much of February and will be in

session most of March. The February 14 budget deal to end the

federal government shutdown funded the FAA and HUD

through the remainder of Fiscal Year (FY) 2019 – to September 30,

2019.

The FY 2020 budget discussions began immediately; the 2020

fiscal year begins October 1, 2019, but Congress rarely meets that

deadline. As mentioned below, the 2011 Budget Control Act,

which ushered in “sequestration” will need to be suspended

again for 2020 and beyond, or double-digit cuts will result in non-

defense agencies.

1. FAA

Councilmembers Tosta and Edgar will be traveling to the

National League of Cities meeting in Washington DC in mid-

March. I have set up meetings for them with Congresswoman

Jayapal’s office, Representative Larsen’s office, and with Senator

Murray’s office.

186

DOUBLEDAY / FEBRUARY 2019 FEDERAL UPDATE 2

They plan to discuss the new World Health Organization (WHO)

aircraft noise regulations, some housing issues, and perhaps other

issues.

As mentioned, Representative Larsen is the House’s

Transportation and Infrastructure Committee’s Aviation

Subcommittee chair. In that position, he will have influence over

any new aircraft noise regulations the federal government

considers.

A. FAA FY 19 Budget

The FY 19 FAA budget, passed as part of the USDOT budget that

ended the government shutdown on February 14, exceeded the

administration’s FAA request budget. A noteworthy item in the

FAA budget was funding for the Continuous Lower Energy,

Emissions, and Noise (CLEEN) Program.

2. Housing

Also on February 14, Congress passed the remaining fiscal year

(FY) 2019 budgets that were not passed previously, including the

Department of Homeland Security and the HUD budgets. The

housing programs in our 2019 federal legislative agenda received

the following funding:

The Community Development Block Grant (CDBG) program

was funded at $3.365 billion, up slightly from $3.3 billion in

FY 2018.

187

DOUBLEDAY / FEBRUARY 2019 FEDERAL UPDATE 3

The HOME program funding was decreased slightly from

$1.36B in FY 18 to $1.25B in FY 19. Both CDBG and HOME

were eliminated in the President’s FY 19 budget request.

Homeless assistance grants were increased to $2.64 billion,

up from $2.51 billion in FY18. The President would have

funded the programs at $2.383 billion. The bill funds the U.S.

Interagency Council on Homelessness, which the president

proposed to eliminate, at $3.6 million and extends the

agency’s authorization through 2028.

The spending package provides $22.598 billion for Tenant-

Based Rental Assistance (TBRA), including $20.313 billion

for the renewal of all previous contracts. The package also

provides $11.747 billion to renew Project-Based Rental

Assistance contracts for the remainder of calendar year 2019,

an increase of $600 million above the president’s request.

Advocates estimate this funding level is sufficient to renew

all contracts with project owners.

The bill also provides an additional $40 million for new

HUD-Veterans Affairs Supportive Housing (VASH)

vouchers.

I have included two links to useful information from the National

Low-Income Housing Coalition: the first shows a U.S. map with

188

DOUBLEDAY / FEBRUARY 2019 FEDERAL UPDATE 4

affordable and available rental homes per 100 extremely low-

income rental households by state:

https://reports.nlihc.org/gap

The second shows some housing statistics for Washington state:

https://nlihc.org/housing-needs-by-state/washington

A. 2020 Federal Budgets and Beyond

On the housing issue, the Budget Control Act of 2011 appears to

be key for 2020 federal housing funding.

The federal spending caps in the Budget Control Act are

scheduled to decrease substantially in FY 2020 (the government

would have to spend less money). Without a suspension of the

Act, total non-defense discretionary appropriations will have to

be cut by $54.5 billion in FY2020. In the past, Congress has

increased the caps two years at a time and offset some of the cost

of the cap increases with spending or revenue cuts elsewhere.

Ideally, a new spending cap deal should be negotiated before

work begins on the FY2020 bills.

3. 2020 Census Citizenship Question

As was reported earlier and quoting from the New York Times

article on that day: “…on February 15, the Supreme Court agreed

189

DOUBLEDAY / FEBRUARY 2019 FEDERAL UPDATE 5

to decide whether the Trump administration may add a question

about citizenship to the 2020 census questionnaire that will be

sent to every household in the nation.

The federal government has long gathered information about

citizenship, but since 1950, it has not included a question on it.

A federal trial judge blocked the Commerce Department from

adding the question, saying that the process that led to the

decision was deeply flawed.

The Supreme Court stepped in before any appeals court had

ruled on the matter, and it put the case on an unusually fast track.

The Supreme Court’s speed was almost certainly a result of a

looming deadline — the census forms are set to be printed in

June.

The Supreme Court scheduled arguments for late April, and it is

expected to rule before the end of June.”

A. Federal Census Legislation

Both chambers of Congress have now introduced census

legislation. H.R. 732 and S. 358 require the Secretary of

Commerce to provide adequate notice to Congress before

changing any questions on the decennial census. The Census

IDEA Act mandates a three-year Congressional review process

for each question proposed to the decennial census. Subjects and

190

DOUBLEDAY / FEBRUARY 2019 FEDERAL UPDATE 6

questions for the census that are not submitted to Congress per

these requirements would not be included in the census.

4. Immigration

There is much immigration information in the news, so I will only

include federal immigration legislation information in updates, or

alerts from Congresswoman Jayapal’s office.

Already, there are numerous House and Senate bills introduced

on immigration. One, from Rep. Tim Ryan (D-Ohio), H.R. 1283,

establishes a nonpartisan commission on immigration and border

security.

5. Infrastructure

There is still no clear path for passage of a national infrastructure

bill. House Democrats, now in the majority, are discussing a large

infrastructure bill, but as yet, the “pay fors” have not been agreed

to, nor is there any clear idea what the President would sign

(although he told the nation’s governors on February 25 to call

their Congress members and urge them to write an infrastructure

bill which he said he would sign). I’ll continue to watch this issue

in hopes that additional local or smaller city funding could find

its’ way into an infrastructure bill.

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6. Federal Debt Ceiling

The debt limit gets reset and frozen in March, and the Treasury

will run out of creative ways to avoid the limit by mid-summer. A

law increasing the debt limit must be passed by that point.

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Burien Weekly Legislative Report

Week Overview The eighth week of session continued at a rapid pace with long days of floor action. We also passed the half way point of session. Both chambers are on floor all day, every day, and sometimes into the evening and weekend. All bills except those deemed necessary to Implement the Budget (NTIB) must pass off the floor in their House of Origin by 5 p.m. on March 13th. At this point almost 2,300 bills have been introduced this session, but only 1,010 made it past the house of origin fiscal cutoff on March 1st. You can see a list of bills that past fiscal cutoff here. Session Primers A Primer on Title-Only Bills During legislative sessions title-only bills can get introduced like any other legislation. These bills lack any legal text except for a title such as “Concerning State Appropriations”, “Relating to Health Care”, or other broad areas. These bills are typically used as place holders to pass complex and negotiated legislation required to enact the final budget deal. In order to amend a bill the content of the bill has to relate to the title. So having a broad title allows the option to have a wider scope of issues within the bill. Once language is agreed on for a particular issue, the title-only bill is amended to include that language so that it may be voted on and passed by the legislature. By introducing and moving title-only bills through the committee process the legislature makes sure that there is a bill where they can insert compromise language on complex issues later in session after cutoffs. As an example, an education funding-related title-only bill was introduced at the end of last week: HB 2140 – Relating to K-12 education funding. If you open up the bill you will see that there is no content at this time.

Priority Areas Affordable Housing Affordable and supportive housing Rep. Robinson and Sen. Kuderer introduced SHB 1406, authorizes the governing body of a county or city to impose a local sales tax, credited against the state sales tax, for affordable housing. The bill passed with a 66-32 vote count on March 5th and has been referred to the Senate Housing Stability and Affordability committee for further consideration. Condo Liability Sen. Pederson sponsored SB 5334, which modifies the implied warranties for construction of a condominium by requiring condominiums to be constructed in accordance with applicable building codes. Additionally, it requires a purchaser to prove an alleged break of warranty has or will cause physical damage, materially impairs the performance of some function, or presents an unreasonable safety risk. The bill is scheduled for a public hearing on March 15th in the House Civil Rights and Judiciary committee.

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Homeless encampments Rep. Santos sponsored, SHB 1754, which places new limitations on the ability of counties, cities or town, and code cities to regulated outdoor encampments, safe parking efforts, indoor overnight shelters, and temporary small houses on property owned or controlled by a religious organization. SHB 1754 was amended to require a religious organization hosting the homeless to enter into a memorandum of understanding to protect the public health and safety of the residents and is awaiting further consideration by the House Rules committee. Multifamily Tax Exemption Sen. Palumbo sponsored SB 5363, which extends the 12-year property tax exemption for multifamily housing for an additional 12 years. The bill was heard on February 21st in the Senate Ways and Means committee and passed out of committee on March 1st. It is awaiting further consideration by the Senate Rules committee. REET 2 Sen. Kuderer and Rep. Walen introduced SB 5195/HB 1219, which allows cities and counties to use REET 2 for the construction of affordable housing projects and rehabilitation of facilities for those experiencing homelessness. SB 5195 has been placed on 2nd Reading by the Senate Rules committee. HB 1219 passed with a 74-24 vote count on March 5th and referred to the Senate Housing Stability and Affordability committee for further consideration. REET for Affordable Housing Rep. Frame sponsored HB 1921, which creates a progressive real estate tax structure by reducing the tax rate for taxpayers who purchase their property for half a million dollars or less. The state Real Estate Excise Tax rates are as follows:

• 0.75 percent if the selling price is less than $500,000; • 1.28 percent if the selling price is greater than $500,000 but equal to or less than $1.5 million; • 2 percent if the selling price is greater than $1.5 million, but equal to or less than $7 million; or • 3 percent if the selling price is greater than $7 million.

The proceeds from this new tax structure shall be distributed as follows: 70 percent must be deposited in the Housing Trust Fund and the remainder must be deposited into the General Fund. After July 1, 2020, the rates must be adjusted to reflect the lesser of the growth of the consumer price index for shelter or five percent. The bill was heard on February 19th in the House Finance committee and is considered Necessary to Implement the Budget (NTIB). Rent increases Rep. Robinson introduced SHB 1440, which requires a landlord to provide a minimum of 60 days written notice of an increase in the amount of rent to each tenant. The bill passed with a 62-36 vote count on March 5th and referred to the Senate Financial Institutions, Economic Development and Trade committee for further consideration. Tenant Protections Rep. Macri introduced SHB 1453, which provides that a tenant is guilty of unlawful detainer when a notice to pay rent or vacate has remained uncomplied with for a period of 14 days (rather than 3 days) after service. It also Requires a landlord to apply any payment made by the tenant toward rent before

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applying any payment toward late payments, damages, utilities, deposits, legal costs, or other fees. The bill passed with a 54-44 vote count on March 5th and referred to the Senate Housing Stability and Affordability committee for further consideration.

Sen. Kuderer introduced a similar bill, SSB 5600, with a couple differences. It states a tenant is guilty of unlawful detainer when a notice to pay rent or vacate has remained uncomplied with for a period of 14 days (rather than 3 days) after service and requires the notice to use plain language and include information listing civil legal aid resources. The bill passed with a 31-15 vote count on March 9th.

Land Use Local Project Review Sen. Palumbo introduced SB 5372, which requires local project permit applications to be considered complete upon submittal. The amount of time for determination of whether an application is complete or incomplete is decreased from 28 days to 10 days. The amount of time for notification of whether an application is complete after receiving requested additional information is decreased from 14 days to 5 days. SB 5372 was amended in the Senate Local Government committee to require a project permit application to be deemed complete within 5 business days of submittal. It is awaiting further consideration by the Senate Rules committee.

Urban Residential building capacity

Rep. Fitzgibbon introduces SHB 1923, which requires cities planning under the GMA to take certain actions to increase residential building capacity and housing affordability; prohibits cities that do not accomplish the actions from receiving funding from the Public Works account, the Water Quality Capital account, and the Transportation Improvement account; and exempts amendments to the development regulations that are made in order to comply with the residential building capacity and housing affordability requirements from SEPA. The bill has been placed on 2nd reading by the Rules committee. Behavioral Health One of the biggest issues facing the legislature is addressing the many improvements needed in the behavioral health system. This includes addressing the many concerns with Western State Hospital, which led to them losing their federal accreditation and funding, develop community capacity and treatment services, expand treatment options, provide more housing support, and fund workforce development. Also of interest, behavioral health is a top priority for Sen O’Ban and the Washington Wire did a Q&A with him discussing some of the big behavioral health issues this session. Trueblood Settlement One of the most significant issues related to behavioral health this session will be adopting and funding the settlement for the Trueblood lawsuit, which relates to the state not moving individuals facing criminal charges out of jail and into treatment facilities within seven or fourteen days when they are eligible for competency evaluation and restoration services. In the Trueblood ruling, the state was found to be not meeting the required timelines. The parties of the lawsuit decided to work together, and a settlement was reached and ultimately approved by the courts late last fall. Governor-request legislation to pass and implement the settlement has been introduced with Sen Dhingra and Rep Jinkins, SB 5444/HB 1513, to provide timely competency evaluations and restoration services to persons suffering from behavioral health disorders within the framework of the forensic mental health care system consistent with the

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requirements agreed to in the Trueblood settlement agreement. SHB 1513 is awaiting further consideration by the House Rules committee. E2SSB 5444 passed unanimously on March 7th and referred to the House Civil Rights and Judiciary committee for further consideration. Behavioral Health Integration Sen Dhingra and Rep Jinkins introduced Governor-request legislation to implement behavioral health integration, SB 5432/HB 1393. The bills include many technical changes and establishes a workgroup to determine allocation of long-term impatient beds in the community and Western State Hospital and Eastern State Hospital with a report due December 15, 2019. HB 1393 has been placed on 2nd Reading by the House Rules Committee. E2SSB 5432 passed with a 46-2 vote county on March 7th. A floor amendment from Sen Braun was adopted that prohibits a behavioral health administrative services organization (BH-ASO) from contracting with itself as a behavioral health agency, or contracting with a behavioral health agency that has administrative linkages to the BH-ASO in any manner that would give the agency a competitive advantage in obtaining or competing for contracts, except in certain circumstances. The House version has been placed on second reading and awaits further action. The bill has been referred to the House Health Care and Wellness committee for further consideration. Behavioral Health Facilities Rep Schmick and Sen Frockt introduced Governor-request legislation to create the facilities and programs needed to ensure a continuum of care for behavioral health patients, HB 1394/SB 5431. The bill directs the Department of Health to begin rulemaking authority related to community based residential treatment facilities for behavioral health patients whose impairment or behaviors require care that cannot be met in other settings. It also allows for the creation of per run program to serve individuals in need of voluntary, short-term, non-crisis services who do not need a hospital level of care that will focus on recovery. 2SSB 5431 has been placed on 2nd Reading by the Senate Rules committee. 2SSHB 1394 passed unanimously on March 5th and referred to the Senate Behavioral Health and Long Term Care subcommittee. Psychiatric Teaching Hospital HB 1593 sponsored by Speaker Chopp, establishes a new psychiatric teaching hospital that would be affiliated with the University of Washington. 2SHB 1593 has been placed on 2nd Reading by the House Rules committee. Opioids The Governor-requested opioid bills (HB 1331/SB 5380) focus on treatment and recovery, pregnant and parenting women, opioid overdose reversal medication, and people with opioid use disorder involved in the criminal justice system. OPR staff have prepared a table comparing the proposed legislation from 2018 that did not ultimately pass compared to HB 1331. A substitute of 2SHB 1331 has been placed on 2nd Reading by the House Rules committee. 2SSB 5380 passed with a 47-0 vote count on March 7th and referred to the House Health Care and Wellness committee for further consideration. Public Safety Gun Responsibility Improving and enforcing firearm laws to help keep communities safe and guns out dangerous hands is a priority for Democrats.

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• SSB 5061 prohibits the manufacture, assembly, repair, purchase, sale, or possession of an undetectable or untraceable firearm or its parts. SB 5061 is awaiting further action by the Senate Rules committee.

• SSB 5062/SHB 1068 prohibits the manufacture, possession, sale, or transfer of a large capacity magazine (LCM) with the capability of holding more than 10 rounds of ammunition, unless the possession fails within one of the exemptions. SHB 1068 is awaiting further action by the House Rules committee. SSB 5062 is awaiting further action by the Senate Rules committee.

• SSB 5143/SHB 1225 requires law enforcement to seize firearms or ammunition the officer has reasonable grounds to believe were used, or threatened to be used, in the commission of a domestic violence offense. SSB 5143 is awaiting further action by the Senate Rules committee. SHB 1225 passed with a 60-38 vote count on March 5th and referred to the Senate Law and Justice committee for further consideration.

• SSB 5174 requires an applicant to provide evidence of handgun proficiency to obtain a concealed pistol license and task the Washington State Patrol with establishing minimum standards for handgun proficiency. SSB 5174 has been placed on 2nd Reading by the Senate Rules committee.

Climate Change and the Environment Appliance efficiency standards Sen. Carlyle and Rep. Morris introduced 2SSB 5115/SHB 1444 to establish minimum efficiency and testing standards for certain products. 2SSB 5115 was amended and passed out of the Senate Ways and Means committee on February 25th and referred to the Senate Rules committee. 2SHB 1444 passed with a 57-41 vote count on March 5th and is scheduled for a public hearing on March 14th in the Senate Environment, Energy, and Technology committee. Clean Energy Sen. Carlyle introduced the Governor’s clean energy proposal (SB 5116), which requires all electric utilities to eliminate costs associated with delivering electricity generated from coal-fired plants; requires each electric utility to make all sales of electricity greenhouse gas neutral by January 1, 2030; requires each electric utility to meet 100% of its retail electric load using non-emitting and renewable resources by January 1, 2045; and requires electric and gas companies to use a carbon adder for planning, evaluating, and acquiring all resources. E2SSB 5116 had a hearing on March 5th in the House Environment and Energy committee and is scheduled for executive session on March 12th and 14th. Energy Efficiency Sen. Carlyle and Rep. Doglio introduced SB 5293, which establishes energy performance standards for larger existing commercial buildings; provides financial incentives and technical assistance for building owners taking early action to meet these standards; enhances access to commercial building energy consumption data in order to assist with monitoring progress; authorizes local governments to voluntarily adopt energy codes for residential structures that achieve greater energy savings and greenhouse gas reductions; and establishes efficiency performance requirement for natural gas distribution companies. 2SSB 5293 has been placed on 2nd Reading by the Senate Rules committee . Healthy Environment for All Sen. Saldaña introduced 2SSB 5489, which creates a task force to recommend how best to incorporate environmental justice principles into how state agencies discharge their responsibilities. The bill passed

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with a 27-21 vote count on March 8th and referred to the House State Government and Tribal Relations committee for further consideration. Paint Stewardship Rep. Peterson introduced HB 1652, which requires producers of paint to participate in a stewardship program for managing the disposition of leftover paint. It also provides funding for paint stewardship program by establishing a uniform, container size-based assessment to be added to the purchase price of paint. The bill is scheduled for a public hearing on March 14th in the House Appropriation committee. Plastic Packaging Sen. Rolfes and Rep. Peterson introduced SSB 5397, which requires the Department of Ecology to hire a 3rd party independent contractor to conduct a study on the management and disposal of plastic packaging in the state and provide a report to the Legislature by December 31, 2020. E2SSB 5397 passed unanimously and referred to the House Environment and Energy committee for further consideration. Economic Development Capital Gains Sen. Wellman and Rep. Santos introduced bills (SB 5314/HB 1172) to reduce the state property tax and impose an adjusted capital gains tax to fund K-12 education. The bills have not been scheduled for a public hearing at this time. Both bills are clearly necessary to implement the budget and therefore not subject to the cutoff calendar. Commercial Office Space Rep. Fey sponsored SHB 1746, which provides cities with local options to incentivize the development of commercial office space in urban centers with access to transit, transportation systems, and other amenities. This local option is only available to cities not located in King County. The bill is awaiting further consideration by the House Rules committee. Keep Washington Working Act Sen. Wellman and Rep. Ortiz-Self introduced SB 5497/HB 1815, which establishes a statewide policy supporting Washington state's economy and immigrants' role in the workplace. The bill establishes a keep Washington working statewide work group, requires the Attorney General to publish model policies for limiting immigration enforcement to the fullest extent possible consistent with the law, restricts the use of state resources to assist in unconstitutional or illegal registration or surveillance programs or any other unconstitutional or illegal laws, rules, or policies targeting Washington residents on the basis of race, religion, immigration, or citizenship status, or national or ethnic origin, and restricts agencies and other departments from using their resources or transferring or detaining an individual to federal immigration authorities absent a proper warrant. 2SHB 1815 is awaiting further consideration by the House Rules committee. E2SSB 5497 passed with a 30-16 vote county on March 7th and referred to the House Civil Rights and Judiciary committee for further consideration. Local Government Infrastructure Funding Rep. Doglio and Sen. Lovelett introduced HB 1680/SB 5952 which ends the deposit of 4.1% of the Real Estate Excise Tax into the Education Legacy Trust Account in fiscal year 2019 and deposits the funding in the Public Works Assistance account for infrastructure projects that support housing development. The bill is considered Necessary to Implement the Budget (NTIB).

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Property tax exemptions Sen. Dhingra introduced SSB 5160, which modifies the qualifying income thresholds for the property tax exemption and deferral programs for low-income senior citizens, individuals with disabilities, and veterans beginning in calendar year 2020. The bill passed with a 37-11 vote county on March 7th and referred to the House Finance committee for further consideration. Transportation Green Transportation Rep. Fey introduced HB 2042, which incentivizes the adoption of electric and other clean alternative fuel vehicles by: (1) establishing and extending tax incentive programs for alternative fuel vehicles and related infrastructure, including for commercial vehicles; (2) providing funding for a capital grant program to assist transit authorities in reducing the carbon output of their fleets; (3) increasing public and private electric utilities’ ability to invest in electric vehicle charging infrastructure; (4) establishing a technical assistance program for public agencies within the WSU’s energy program; (5) funding pilot program to test methods for facilitating access to electric vehicles and electric vehicle infrastructure by low-income residents; (6) funding a study to examine opportunities to provide financing assistance to low-income residents who would like to purchase an electric vehicle; and (7) funding a study to assess the broad-based changes needed to effectively and efficiently transition the state to a low-carbon transportation network. The bill is scheduled for executive session in House Transportation on March 14th. The bill is considered Necessary to Implement the Budget (NTIB). Motor Vehicle Excise Tax – Sound Transit 3 Rep. Pellicciotti introduced HB 2123, requires Sound Transit to implement a market value adjustment program, which calculates a credit on motor vehicle excise taxes. It requires Sound Transit to fund ST3 with program savings and cost reductions from projects other than light rail and bus rapid transit projects and Sound Transit is prohibited from eliminated light rail and bus rapid transit projects. The bill was heard on February 26th and scheduled for executive action on February 28th, but no action was taken in the House Transportation committee. The bill is considered Necessary to Implement the Budget (NTIB). State Commercial Aviation Sen. Keiser and Rep. Orwall introduced SB 5370/HB 1683, which creates a state commercial aviation coordinating commission to identify a location for a new primary commercial aviation facility in Washington, taking into consideration the date and conclusions of appropriate air traffic studies, community representatives, and industry experts. SSB 5370 has been placed on 2nd Reading by the Senate Rules committee. SHB 1683 is awaiting further action by the House Rules committee. Transportation Revenue Proposal On February 21st, Sen. Hobbs introduced Forward Washington, a 10-year transportation plan to invest in infrastructure projects throughout the state. The bills associated with the Forward Washington proposal are:

• SB 5970 – relating to transportation bonds was passed by the Senate Transportation committee on March 6th and referred to the Rules committee for further consideration.

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• SSB 5971 – relating to revenue and transportation funding was passed by the Senate

Transportation committee on March 6th and referred to the Senate Ways and Means committee for further consideration.

• SSB 5972 – relating to additional transportation funding was passed by the Senate Transportation

committee on March 6th and referred to the Rules committee for further consideration.

The amended proposal is a $15 billion, 10-year spending plan. He does assume the continuation of the low carbon fuel standard prohibition and elimination of the sunset on that prohibition. For the balance sheet click here, and for the project list click here.

Looking Ahead This week will see floor action in both chambers as they lead up to the House of Origin cutoff and then they will transition back to committees. Upcoming Dates:

• March 13th – House of Origin floor cutoff • April 3rd – Opposite House Policy cutoff • April 9th – Opposite House Fiscal cutoff • April 17th – Opposite House Floor cutoff • April 28th – Sine Die

Burien Bill Status Report

Bill # Abbrev. Title Short Description Status Sponsor

SHB 1008 Local gov. revenue study

Studying the constitutional and statutory obligations and tax revenue capacity of local government entities.

H Approps Appleton

SHB 1023 (SB 5396)

Adult family homes, 8 beds

Allowing certain adult family homes to increase capacity to eight beds. S Health & Long Macri

HB 1026 Breed-based dog regulations Concerning breed-based dog regulations. H Passed 3rd Appleton

SHB 1031 Bulkhead obligations

Reducing government imposed obligations associated with bulkhead maintenance or repairs. H 2nd Reading Walsh

E2SHB 1033 (SSB 5183)

Mobile home relocation asst.

Concerning relocation assistance for manufactured/mobile home park tenants.

S Housing Stabil Ryu

HB 1044 Seniors/property taxes Concerning senior citizen property taxes. H Finance Santos

HB 1055 No-contact orders/arrest

Authorizing law enforcement to arrest persons in violation of certain no-contact orders involving victims of trafficking and promoting prostitution offenses.

S Law & Justice Entenman

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SHB 1064 (SB 5029)

Law enforcement

Concerning law enforcement. C 4 L 19 Goodman

SHB 1068 (SSB 5062)

High capacity magazines Concerning high capacity magazines. H Rules R Valdez

SHB 1082 (SSB 5097)

Massage therapists/photo

Concerning the licensure and certification of massage therapists and reflexologists. H 2nd Reading Kraft

2SHB 1087 (SSB 5331)

Long-term services & support

Concerning long-term services and supports. S Health & Long T Jinkins

HB 1090 Senior citizens/prop. taxes

Providing property tax relief to senior citizens. H Finance MacEwen

HB 1101 (SB 5133)

State gen. obligation bonds

Concerning state general obligation bonds and related accounts.

H Cap Budget Tharinger

HB 1102 (SB 5134)

Capital budget 2019-2021 Concerning the capital budget. H Cap Budget Tharinger

HB 1108 (SB 5154)

Supp. operating budget 17-19

Making 2017-2019 biennium second supplemental operating appropriations.

H Approps Ormsby

HB 1109 (SB 5153)

Operating budget 2019-2021

Making 2019-2021 biennium operating appropriations. H Approps Ormsby

2SHB 1110 (SB 5412)

Greenhouse gas/transp. fuels

Reducing the greenhouse gas emissions associated with transportation fuels.

H Rules R Fitzgibbon

SHB 1135 (SSB 5163)

Wrongful injury or death Concerning actions for wrongful injury or death. H Rules R Santos

HB 1160 (SB 5214)

Transportation budget 19-21

Making transportation appropriations for the 2019-2021 fiscal biennium.

H Trans Fey

HB 1161 (SB 5213)

Supp. transportation budget

Making 2017-2019 supplemental transportation appropriations.

H Trans Fey

HB 1172 (SB 5314)

Capital gains tax/prop. tax

Assisting Washington families by improving the fairness of the state's tax system by enacting a capital gains tax and providing property tax relief.

H Finance Santos

SHB 1174 (SB 5225)

Cities/lowest resp. bidder Clarifying the contracting procedures for cities. H Rules R Walsh

SHB 1181 Seniors & veterans/prop. tax

Providing property tax relief for senior citizens and qualifying veterans.

H Rules R Lekanoff

HB 1202 Public works and procurement

Concerning ensuring fairness and compliance with public works and procurement practices.

H Approps Gregerson

EHB 1219 (SB 5195)

Real estate taxes/housing

Providing cities and counties authority to use real estate excise taxes to support affordable housing and homelessness projects.

S Housing Stabil Walen

SHB 1225 Domestic violence/law enf.

Establishing policies and requirements regarding law enforcement response to domestic violence incidents to enhance the safety of domestic violence victims, families, and officers.

S Law & Justice Jinkins

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HB 1228 (SB 5130)

Fish barrier removal funding

Increasing transportation revenues to help fund state fish barrier removal. H Finance Chapman

SHB 1284 (SB 5306)

Treasurer invest. portfolios

Creating the capacity for the state treasurer's office to provide separately managed investment portfolios to eligible governmental entities.

S Ways & Means Vick

SHB 1295 Public works contracting Concerning public works contracting procedures. S State Govt/Trib Tharinger

2SHB 1331 (SSB 5380)

Opioid use disorder

Concerning opioid use disorder treatment, prevention, and related services.

H 2nd Reading Cody

HB 1343 (SB 5129) Revenue Increasing revenues for the support of state

government. H Finance Tarleton

SHB 1359 (ESSB 5418)

Local government procurement

Concerning local government procurement modernization and efficiency. H 2nd Reading Leavitt

SHB 1377 (SSB 5358)

Housing dev./religious orgs.

Concerning affordable housing development on religious organization property. H Passed 3rd Walen

SHB 1393 (E2SSB 5432)

Behavioral health, integrate

Concerning fully implementing behavioral health integration for January 1, 2020, by removing behavioral health organizations from law; clarifying the roles and responsibilities among the health care authority, department of social and health services, and department of health, and the roles and responsibilities of behavioral health administrative services organizations and medicaid managed care organizations; and making technical corrections related to the behavioral health system.

H 2nd Reading Cody

2SHB 1394 (2SSB 5431)

Behavioral health facilities

Concerning community facilities needed to ensure a continuum of care for behavioral health patients.

S Behavioral Heal Schmick

SHB 1403 Municipal B&O tax apportion.

Simplifying the administration of municipal business and occupation tax apportionment.

S Ways & Means Frame

SHB 1406 (SB 5646)

Affordable housing/sales tax

Encouraging investments in affordable and supportive housing.

S Housing Stabil Robinson

HB 1423 (SSB 5403)

Adult family home egress Concerning safe egress from adult family homes. H 2nd Reading Tharinger

SHB 1434 (2SSB 5290)

Noncriminal youth detention

Eliminating the use of the valid court order exception to place youth in detention for noncriminal behavior.

H Rules R Frame

ESHB 1440 Rent increase notices Providing longer notice of rent increases. S Financial Inst, Robinson

HB 1441 (SB 5304)

Local infrastruct. financing

Concerning the financing of local infrastructure. H Rules R Tharinger

2SHB 1444 (2SSB 5115)

Appliance efficiency Concerning appliance efficiency standards. S Environment, En Morris

ESHB 1453 Residential tenants Concerning residential tenant protections. S Housing Stabil Macri

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HB 1462 Tenant notice/demolish, etc.

Providing notice of plans to demolish, substantially rehabilitate, or change use of residential premises.

S Financial Inst, Barkis

SHB 1483 Behavioral health/B&O tax

Extending the business and occupation deduction for government-funded behavioral health services.

H Rules R Young

HB 1486 (SB 5756)

Delegation of inspection

Concerning delegation of inspection duties for factory built housing and commercial structures.

S Labor & Commerc

Mosbrucker

2SHB 1513 (E2SSB 5444)

Forensic mental health care

Providing timely competency evaluations and restoration services to persons suffering from behavioral health disorders within the framework of the forensic mental health care system consistent with the requirements agreed to in the Trueblood settlement agreement.

H Rules R Jinkins

2SHB 1521 (SB 5655)

Government contracting

Providing for accountability and transparency in government contracting.

H Rules R Dolan

E2SHB 1543 (SSB 5545)

Recycling Concerning sustainable recycling. S Environment, En Mead

SHB 1544 GMA actions effective date

Addressing the effective date of certain actions taken under the growth management act.

H 2nd Reading Mead

SHB 1576 Construction defect actions Concerning construction defect actions. S Law & Justice Senn

HB 1590 Housing tax/councilmanic

Allowing the local sales and use tax for affordable housing to be imposed by a councilmanic authority.

H 2nd Reading Doglio

SHB 1656 (SSB 5733)

Residential tenants Protecting tenants in residential tenancies. H 2nd Reading Macri

HB 1670 (SB 5671)

Fire district bid limits

Concerning bid limits for purchases and public works by fire protection districts.

S Local Governmen Eslick

SHB 1683 (SSB 5370)

Aviation coordinating comm'n

Creating a state commercial aviation coordinating commission.

H Rules R Orwall

HB 1694 Tenants/installment payments

Allowing tenants to pay certain sums in installments. H 2nd Reading Morgan

HB 1718 Existing resources/local gov

Providing cities and counties flexibility with existing resources.

H Rules R Volz

ESHB 1732 Bias-based criminal offenses

Concerning identifying and responding to bias-based criminal offenses.

H Passed 3rd Valdez

SHB 1754 (SB 5644)

Homeless hosting/religious

Concerning the hosting of the homeless by religious organizations.

H Rules R Santos

2SHB 1767 Arrest & jail alternatives

Establishing a law enforcement grant program to expand alternatives to arrest and jail processes.

S Health & Long T Lovick

SHB 1797 (SSB 5812)

Accessory dwelling units

Concerning local governments planning and zoning for accessory dwelling units. H 2nd Reading Gregerson

SHB 1798 (SB 5870)

Short-term rentals Concerning short-term rentals. S Financial Inst, Ryu

2SHB 1815 (E2SSB 5497)

Immigrants in the workplace

Establishing a statewide policy supporting Washington state's economy and immigrants' role in the workplace.

H Rules R Ortiz-Self

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SHB 1847 Aircraft noise abatement

Addressing aircraft noise abatement. S Local Governmen Pellicciotti

HB 1899 (SB 5825)

Tolling/I-405, SR 167 & 509

Addressing the tolling of Interstate 405, state route number 167, and state route number 509.

H Trans Fey

HB 1918 Community preservation auth.

Concerning community preservation and development authorities. H Passed 3rd Santos

HB 1921 Housing market Addressing the regressive nature of the Washington state housing market.

H Finance Frame

2SHB 1923 Urban residential building

Increasing urban residential building capacity. H 2nd Reading Fitzgibbon

2SHB 1938 Local infra. investment prg

Creating a local infrastructure investment program to support the development of affordable housing, workforce housing, and revitalization efforts.

H Rules R Steele

HB 1948 (SSB 5862)

Warehousing & manuf. jobs

Supporting warehousing and manufacturing job centers.

H Rules R Entenman

HB 2010 Housing tax credit program

Evaluating options for increasing involvement of for-profit housing developers in the nine percent low-income housing tax credit program.

H Rules R Gildon

SHB 2022 Fish barrier removal funding

Providing funding options to local governments for addressing fish passage barrier removals.

H Rules R Chambers

HB 2038 Pavement condition reporting

Concerning pavement condition reporting requirements.

H Passed 3rd Ramos

HB 2051 (SB 5920)

Pension & disability boards

Concerning firefighters and law enforcement officers pension and disability boards.

H Passed 3rd Lovick

SHB 2068 Low-income drivers/study

Providing discounted toll rates to certain individuals on certain tolled facilities. H Rules R Ortiz-Self

SHB 2069 Utility service charges

Concerning a property owner's or tenant's liability for delinquent and unpaid utility service charges. H 2nd Reading Dufault

SHB 2108 K-3 class sizes/funding

Concerning state funding for K-3 class sizes in schools. S EL/K-12 Callan

HB 2110 Affordable workforce housing

Modifying the definition of affordable workforce housing for the purposes of permitted lodging tax revenue expenditures.

S Housing Stabil Ryu

2SHB 2117 (SB 5973)

State tax structure

Providing a pathway to modernize and rebalance the Washington state tax structure so that it is equitable, adequate, stable, and transparent for the people of Washington state.

H Rules R Frame

HB 2123 MVET collection

Concerning the collection of a motor vehicle excise tax approved by voters of a regional transit authority in 2016.

H Trans Pellicciotti

SB 5002 Limited cooperative assocs.

Concerning limited cooperative associations. H Civil R & Judi Pedersen

SB 5008 (HB 1690)

Short subdivisions Concerning short subdivisions. S Rules 2 Palumbo

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SSB 5024 Local taxing districts

Concerning the transparency of local taxing districts.

S 2nd Reading Hasegawa

SB 5029 (SHB 1064)

Law enforcement Concerning law enforcement. S Rules 2 Frockt

SSB 5061 (HB 1073)

Undetectable firearms Addressing undetectable firearms. S Rules 2 Dhingra

SSB 5062 (SHB 1068)

High capacity magazines Concerning high capacity magazines. S Rules 2 Kuderer

SSB 5090 Wage and salary information

Addressing wage and salary information. S Rules 2 Wellman

SSB 5097 (SHB 1082)

Massage therapists/photo

Concerning the licensure and certification of massage therapists and reflexologists.

S Rules 2 Cleveland

SSB 5104 Local gov. vehicle tolls

Prohibiting local governments from imposing vehicle tolls.

S 2nd Reading Sheldon

2SSB 5115 (2SHB 1444)

Appliance efficiency Concerning appliance efficiency standards. S Rules 2 Carlyle

E2SSB 5116 (2SHB 1211)

Clean energy Supporting Washington's clean energy economy and transitioning to a clean, affordable, and reliable energy future.

H Env & Energy Carlyle

SB 5129 (HB 1343) Revenue Increasing revenues for the support of state

government. S Ways & Means Rolfes

SB 5130 (HB 1228)

Fish barrier removal funding

Increasing transportation revenues to help fund state fish barrier removal.

S Transportation Rolfes

SB 5133 (HB 1101)

State gen. obligation bonds

Concerning state general obligation bonds and related accounts.

S Ways & Means Frockt

SB 5134 (HB 1102)

Capital budget 2019-2021 Concerning the capital budget. S Ways & Means Frockt

SSB 5143 Domestic violence/firearms

Concerning the authorized removal, safe keeping, and return of firearms and ammunition by law enforcement during and after domestic violence incidents.

S Rules 2 Dhingra

SB 5152 Dwellings for elderly/SMA

Amending the definition of substantial development to exclude certain dwellings for the elderly and infirm.

S Environment, E Wilson

SB 5153 (HB 1109)

Operating budget 2019-2021

Making 2019-2021 biennium operating appropriations.

S Ways & Means Rolfes

SB 5154 (HB 1108)

Supp. operating budget 17-19

Making 2017-2019 biennium second supplemental operating appropriations.

S Ways & Means Rolfes

ESSB 5160 Sr's, disab. vets/prop tx ex

Concerning property tax exemptions for service-connected disabled veterans and senior citizens.

H Finance Dhingra

SSB 5163 (SHB 1135)

Wrongful injury or death Concerning actions for wrongful injury or death. H Civil R & Judi Hasegawa

205

Burien Weekly Legislative Report March 10, 2019 Page 14 of 17

SSB 5174 (HB 1315)

Concealed pistol training

Concerning concealed pistol license training requirements.

S 2nd Reading Palumbo

SB 5186 (HB 1147)

First informer broadcasters

Concerning access of broadcasters to a geographic area subject to the declaration of a national, state, or local emergency.

S Rules 2 Hunt

SB 5195 (EHB 1219)

Real estate taxes/housing

Providing cities and counties authority to use real estate excise taxes to support affordable housing and homelessness projects.

S 2nd Reading Kuderer

SB 5213 (HB 1161)

Supp. transportation budget

Making 2017-2019 supplemental transportation appropriations.

S Transportation Hobbs

SB 5214 (HB 1160)

Transportation budget 19-21

Making transportation appropriations for the 2019-2021 fiscal biennium.

S Transportation Hobbs

SB 5219 Condominium warranties

Concerning condominium construction warranties.

S 2nd Reading Padden

E2SSB 5223 (HB 1862)

Electrical net metering Concerning net metering. H Env & Energy Palumbo

SB 5260 Governor's emergency powers

Concerning powers to waive statutory obligations or limitations during a state of emergency in order to cope with the emergency.

H Hous, Com Dev & Zeiger

ESSB 5272 (HB 1653)

Emergency comm. max tax rate

Increasing the maximum tax rate for the voter-approved local sales and use tax for emergency communication systems and facilities.

S Passed 3rd Hunt

SB 5285 (SHB 1290)

Voluntary cleanups/haz waste

Concerning reviews of voluntary cleanups. S 2nd Reading Palumbo

2SSB 5293 (2SHB 1257)

Energy efficiency Concerning energy efficiency. S 2nd Reading Carlyle

SB 5304 (HB 1441)

Local infrastruct. financing

Concerning the financing of local infrastructure. H Cap Budget Mullet

SB 5314 (HB 1172)

Capital gains tax/prop. tax

Assisting Washington families by improving the fairness of the state's tax system by enacting a capital gains tax and providing property tax relief.

S Ways & Means Wellman

ESB 5334 (HB 1306)

Common interest ownership

Concerning the Washington uniform common interest ownership act.

H Civil R & Judi Pedersen

SSB 5358 (SHB 1377)

Housing dev./religious orgs.

Concerning affordable housing development on religious organization property. S Rules 2G Salda?a

SB 5361 Low-income housing dev. cost

Enacting the recommendations of the joint legislative audit and review committee's report analyzing development costs for low-income housing.

S Rules 2 Zeiger

SSB 5363 Urban center dwellings/taxes

Extending the property tax exemption for new and rehabilitated multiple-unit dwellings in urban centers.

S 2nd Reading Palumbo

SSB 5370 (SHB 1683)

Aviation coordinating comm'n

Creating a state commercial aviation coordinating commission.

S 2nd Reading Keiser

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Burien Weekly Legislative Report March 10, 2019 Page 15 of 17

SSB 5372 Local project review

Concerning local project review undertaken under chapter 36.70B RCW.

S Rules 2 Palumbo

SSB 5380 (2SHB 1331)

Opioid use disorder

Concerning opioid use disorder treatment, prevention, and related services. H HC/Wellness Cleveland

SSB 5382 Tiny houses as ADUs

Concerning tiny houses serving as accessory dwelling units.

S Rules 2 Zeiger

ESSB 5383 Tiny houses Concerning tiny houses. H Local Govt Zeiger

SSB 5384 Tiny house comm. locations

Concerning the location of tiny house communities. S Rules 2 Zeiger

E2SSB 5397 (HB 1204)

Plastic packaging

Concerning the responsible management of plastic packaging.

S Passed 3rd Rolfes

SSB 5403 (HB 1423)

Adult family home egress Concerning safe egress from adult family homes. H HC/Wellness Bailey

ESSB 5418 (SHB 1359)

Local government procurement

Concerning local government procurement modernization and efficiency.

S Passed 3rd Takko

E2SSB 5432 (SHB 1393)

Behavioral health, integrate

Concerning fully implementing behavioral health integration for January 1, 2020, by removing behavioral health organizations from law; clarifying the roles and responsibilities among the health care authority, department of social and health services, and department of health, and the roles and responsibilities of behavioral health administrative services organizations and medicaid managed care organizations; and making technical corrections related to the behavioral health system.

H HC/Wellness Dhingra

E2SSB 5444 (2SHB 1513)

Forensic mental health care

Providing timely competency evaluations and restoration services to persons suffering from behavioral health disorders within the framework of the forensic mental health care system consistent with the requirements agreed to in the Trueblood settlement agreement.

H Civil R & Judi Dhingra

SB 5457 (HB 1571)

Naming of subcontractors

Naming of subcontractors by prime contract bidders on public works contracts. S 2nd Reading Keiser

SB 5470 (HB 1657)

Homeless youth services

Concerning services provided by the office of homeless youth prevention and protection programs.

S 2nd Reading Kuderer

2SSB 5489 Environ. health disparities

Establishing a healthy environment for all by addressing environmental health disparities. H State Govt & Tr Salda?a

E2SSB 5497 (2SHB 1815)

Immigrants in the workplace

Establishing a statewide policy supporting Washington state's economy and immigrants' role in the workplace.

H Civil R & Judi Wellman

SB 5505 (HB 2125)

Local stormwater charges

Addressing the use of local stormwater charges paid by the department of transportation.

H Trans Hobbs

SSB 5522 City annexing/interlocal ag.

Providing code cities with the ability to annex unincorporated areas pursuant to a jointly approved interlocal agreement with the county.

S Rules 2 Takko

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Burien Weekly Legislative Report March 10, 2019 Page 16 of 17

SSB 5537 Behavioral health facilities

Expanding community-based behavioral health facilities through issuance of state bonds.

S 2nd Reading Braun

SB 5540 Projects of statewide signif

Concerning the designation and support of projects of statewide significance.

S State Govt/Tri Braun

SSB 5545 (E2SHB 1543)

Recycling Concerning sustainable recycling. S 2nd Reading Das

SB 5556 Small-scale capital projects

Making small-scale community capital projects more cost-effective and affordable.

S State Govt/Tri Ericksen

SB 5559 Civil action commencement

Concerning commencement of civil actions. S Law & Justice Padden

SB 5561 (HB 1549)

Greenhouse emissions eval.

Directing the department of ecology to adopt a rule governing the evaluation of greenhouse gas emissions under chapter 43.21C RCW.

S Environment, E Takko

SSB 5564 Business ecosystems Creating the building business ecosystems act. S Ways & Means Brown

ESSB 5579 (HB 1785)

Crude oil volatility/rail

Concerning the volatility of crude oil received in the state by rail. H Env & Energy Billig

SB 5582 Affordable housing/REET Increasing funding for affordable housing. S Ways & Means Salda?a

SB 5589 Local taxes/employment

Prohibiting local taxes based on employee wages, employee hours, or the number of employment positions.

S Local Governme Schoesler

ESSB 5600 Residential tenants Concerning residential tenant protections. S Passed 3rd Kuderer

SSB 5676 (HB 1679)

Councilmanic REET/GMA

Authorizing cities planning under the growth management act to impose certain real estate excise taxes by councilmanic action.

S Rules 2 Takko

SSB 5733 (SHB 1656)

Residential tenants Protecting tenants in residential tenancies. S Rules 2 Salda?a

SSB 5739 (HB 1790)

Housing/urban growth areas

Promoting affordable housing in unincorporated areas of rural counties within urban growth areas. S Rules 2 Sheldon

SSB 5746 (SHB 1834)

Low-income homeownership

Providing for adequate provisions for low-income homeownership opportunities.

S 2nd Reading Salda?a

SB 5787 City, district publ. records

Concerning hours of availability for inspection and copying of public records. H State Govt & Tr Walsh

SSB 5812 (SHB 1797)

Accessory dwelling units

Concerning local governments planning and zoning for accessory dwelling units.

S 2nd Reading Palumbo

SB 5825 (HB 1899)

Tolling/I-405, SR 167 & 509

Addressing the tolling of Interstate 405, state route number 167, and state route number 509. S Transportation Hobbs

SSB 5839 Personal care services pilot

Creating a pilot project to provide personal care services for homeless seniors and persons with disabilities.

H H Svcs & Erly L Darneille

SSB 5850 Bias-based criminal offenses

Concerning identifying and responding to bias-based criminal offenses.

S Rules 2 Salomon

SSB 5862 (HB 1948)

Warehousing & manuf. jobs

Supporting warehousing and manufacturing job centers.

S 2nd Reading Das

208

Burien Weekly Legislative Report March 10, 2019 Page 17 of 17

SB 5880 Juvenile sentencing Concerning juvenile sentencing. S Rules 2 Kuderer

SSB 5894 Firefighters' pension levy

Clarifying that the firefighters' pension levy may continue to be levied to fund benefits under the law enforcement officers' and firefighters' retirement system.

S 2nd Reading Braun

SSB 5898 Federal tax lien recording

Concerning the surcharge for local homeless housing and assistance.

S Rules 2 Rolfes

SB 5915 Growth management act

Creating greater flexibility for cities and counties to plan for the future of their citizens by minimizing costs.

S Local Governmen Ericksen

SB 5920 (HB 2051)

Pension & disability boards

Concerning firefighters and law enforcement officers pension and disability boards.

S 2nd Reading Conway

ESSB 5946 SEPA/shelters & encampments

Concerning the application of the state environmental policy act to temporary shelters and transitional encampments.

H Env & Energy Nguyen

SB 5970 Transportation funding bonds Authorizing bonds for transportation funding. S Rules 2 Hobbs

SSB 5971 Transportation funding Concerning transportation funding. S Ways & Means Hobbs

SSB 5972 Additive trans funding

Concerning additive transportation funding and appropriations.

S Rules 2 Hobbs

SB 5973 (2SHB 2117)

State tax structure

Providing a pathway to modernize and rebalance the Washington state tax structure so that it is equitable, adequate, stable, and transparent for the people of Washington state.

S Ways & Means Wellman

209

Councilmember Tosta Report

CM Nancy Tosta (accompanied by CM Bob Edgar) – Meetings in Washington, DC March 13, 2019

We met with members of our Congressional delegation as well as other Representatives to discuss

several topics. We focused on communicating our community interests as expressed in the recently

passed Resolution #407 (To Address Noise Pollution Generated by Sea-Tac Airport). Specifically, in that

resolution we’d asked that: “Members of Washington State’s Congressional Delegation add language in

federal statutes (14 CFR Part 150 as amended) to substitute DNL metrics consistent with WHO (World

Health Organization) standards.” We brought this up with all those we spoke with. We also asked that

they work with the Federal Aviation Authority (FAA) to define more appropriate noise contours for Sea-

Tac based on current conditions and levels of noise and to advocate for additional funding for noise

mitigation. I mentioned to all of them recent work done by the WA Dept of Health on interactive

mapping showing vulnerability risks to pollutants and how high these risks are in communities adjacent

to Sea-Tac. They were all interested in better understanding this.

We discussed our Council support to “over-ride” funding caps imposed by the Budget Control Act of

2011 for non-defense funding. This Act created low spending caps on discretionary funding programs

that affect us such as HOME and CDBG. We indicated our opposition to the cuts in the Administration’s

proposed budget (released March 12) – e.g., EPA 31% cut, CDBG and HOME zeroed out. They all

concurred. We identified needs for more funding for infrastructure development – including roads,

bridges, and workforce development. Specifically, we asked that grants of federal funds for

communities of our size be identified (as in the past TIGER CUBS program). Finally, we emphasized our

critical needs for federal assistance in supporting housing development within our community.

Despite the fact that there were overwhelming numbers of local electeds and others trying to meet with

their representatives this week, partly as a result of the National League of Cities meeting, we received

appreciation for having made the outreach effort. We asked what we could do to be more effective in

our requests and in aiding their efforts on our behalf. Specific suggestions are outlined for each

discussion below (where they were offered). I will follow-up with materials that we mentioned to them

and that they requested.

Specific appointments were as follows:

9AM: Representative Adam Smith’s Office – met with Fernando Ruiz (aviation expertise). He is very

knowledgeable about our issues and currently participates in various of the StART committees via

phone. He was very responsive and knowledgeable. He was interested in and willing to consider some

action to site more noise/pollutant monitors within proximity to Sea-Tac.

Suggestion – potentially create a “coalition” of local electeds within communities experiencing

noise issues to show the scope of the concern and to advocate with one voice.

11AM: Representative Rick Larsen’s Office – met with Alexandra Menardy (transportation expertise)

and Rep Larsen (he chairs the Subcommittee on Aviation of the House Transportation and Infrastructure

Committee). He was extremely busy and given the situation with the Boeing crash – we were honored

to have his attention for a few moments, especially given we are not in his District. He said he is working

closely with Representative Jayapal and she had encouraged him to meet with us. Given his position,

we asked him to consider conducting some hearings on noise concerns in airport communities. They

210

expressed interest. They agreed a potential coalition of electeds concerned about noise could be useful.

Given his sponsorship of TIGER CUBS in the past - we pushed hard for inclusion of something similar in

the upcoming infrastructure package. They said it would be there under a new name. We noted the

need to set a cap at a higher population level such as 65-75,000. Alexandra said that providing examples

of projects to be funded is always helpful as they consider the legislation.

Suggestion – provide a list of specific projects that could be funded with Infrastructure funding

(and perhaps what we’ve funded with these funds in the past)

12PM: Senator Patty Murray’s Office – met with Jason Smith, Murray’s legislative Counsel who has

expertise in housing. We discussed similar topics as with others we’d met with. He explained how

complicated the budget process is likely to be this year given language included in the Administration’s

budget that indicates the caps imposed on discretionary funding cannot be raised and debt-ceiling and

caps are to be tied together. This likely means programs will be proposed at low levels, but such a

budget would not likely pass, and more work will ensue to create a “realistic” budget. He said the

Senator appreciates knowing specific stories of how federal funding has helped in our community (we’ve

heard this before). He said examples of this for housing would be useful.

Suggestion – provide examples and issues we face with housing (or other situations) and how

federal funding has helped (or could).

2PM: Senator Maria Cantwell’s Office – met with Michael Davisson, also with expertise in housing. Our

expected contact – Matt McCarthy, Cantwell’s transportation expert, was fully occupied with issues

related to the Boeing plane crash. It was mentioned that the government shut-down earlier this year

had tragically slowed down the work that was being done to try to understand and fix potential issues

with the 737 MAX. We covered similar topics as with other representatives. Senator Cantwell is also

very interested in funding to assist with development of low-income housing. I mentioned our interest

in infrastructure support for workforce training.

Suggestion – follow-up with email outlining specific asks (will do this anyway)

3PM: Representative Pramila Jayapal’s Office – Jessica Mulligan, transportation assistant. As we sat to

meet, we realized that Representative Jayapal was in a Committee hearing advocating for her Medicare

for All Act of 2019 on the television in the room. Jessica asked that we keep the Representative’s Office

informed of any support we may be requesting from our Senators so that they can work closely to

address our needs and interests. They also want to understand why housing investments in our

community make sense (provide stories of what difference they make).

Suggestion – provide stories on housing issues/situations and how federal funding made a

difference.

211

City of Burien P 206.241.4647 F 206.248.5539

burienwa.gov

• a

Burien

March 11, 2019

Norcliffe Foundation Jim Hughes, President 999 3rd Ave Unit 1006 Seattle, WA 98104

Dear President Hughes,

400 SW 152nd Street Suite 300 Burien, WA 98166-1911

We are writing this letter in support of the funding application from Kennedy Catholic High School to the Norcliffe Foundation.

We appreciate your consideration of their request to enhance the campus and directly benefit the students and families in our community and beyond. Burien is a vibrant and creative community, where residents embrace diversity and promote vitality. Kennedy Catholic demonstrates these exact values through its diverse student body and continued desire to create life changing opportunities for its students.

Kennedy Catholic plays a vital role in the City of Burien. We regularly partner with the school in our ongoing efforts to sustain our dynamic and healthy community. We recognize the important role Kennedy Catholic plays in providing our citizens and neighbors with an excellent and accessible Catholic secondary school option. Their rich history of service and commitment to success for every student is a source of pride for us all.

We have participated in ongoing conversations with the school administration as they developed the plans for these campus enhancements. The addition of a makerspace and fitness center will strengthen the overall high school experience and enrich classroom learning. We are excited about the new opportunities each of these facilities will provide for our young people now and in the future.

1

212

Thank you for your support and time with the proposal. We look forward to celebrating the

opening of the new facilities with you.

Sincerely,

Andrea Snyder

Economic Development Manager

BW:ca

2

213

NOTICE OF APPLICATION

400 SW 152nd St., Suite 300, Burien, WA 98166-3066 � Phone (206} 248-5507 • Fax (206) 248-5539 • burienwa.gov Burien

Date

Applicant

Proposal

File No.

Location

Tax Parcel No.

Current Zoning

Application

Submitted/Complete

Existing

Environmental Info.

Environmental

Review

Review Process and

Public Comment

Project Planner

Published in the

Seattle Times

cc

Rlcclnotices201910305 I 9Moore

March 5, 2019

Robert Moore

Re-Zone - Change Zoning Map designation from RS-7,200 Single Family to RM-12, Multi­Family.

PLA 19-0168 File is available for viewing at Burien City Hall during regular business hours.

11246 8th Avenue South

336140-0020

RS-7,200

Submitted: January 24, 2019 Complete: February 21, 2019

FEIS SEPA Addendum dated November 28, 2018; SEPA Environmental Checklist

For this proposal, the City of Burien is using the "Optional Determination of Non Significance (DNS) process" under the State Environmental Policy Act (WAC 197-11-355). The City expects to issue a DNS for the proposal. Individuals who submit timely written comments to the City (as indicated below) will become parties of record and will be notified of any decision and environmental determination made on this project. A copy of any decision and environmental determination made on this project may also be obtained upon request. The decision on the proposal and environmental determination, once made, may be appealed. All documents submitted or requested as part of this application are available for review at City Hall during regular business hours.

The decision on this application will be made by the City Council following a public hearing and recommendation by the Hearing Examiner. Prior to preparation of the Dept. of Community Development staff recommendation to the Hearing Examiner, there is an opportunity for the public to submit written comments. To be considered as part of the staff

recommendation report, written comments must be received prior to 5:00 p.m. on March

26, 2019. Send written comments to the project planner (see below). Please indicate your name and address and refer to the file indicated above. In addition, anyone may submit written or oral comments to the Hearing Examiner at the public hearing. Only people who submitted comments as indicated above may appeal the decision on this application.

Thara Johnson, Senior Planner City of Burien, Department of Community Development Phone: (206) 436-5574 E-Mail: TharaJ@burienwa.gov

Date of notice: March 5, 2019

Burien City Council B-Town Blog

Burien City Staff Discover Burien

Burien Library LaRaza

Westside Seattle

Web site: www.burienwa.gov

White Center Now

214

� • a

Burien

City of Burien 400 SW 152nd Street

Suite 300

Burien, WA 98166-1911

DATE: March 5, 2019 FOR RELEASE: March 8, 2019 CONTACT: Legal Department, (206) 241-4647

P 206.241.4647

F 206.248.5539

CITY OF BURIEN

PUBLIC HEARING NOTICE

FOR

burienwa.gov

ORDINANCE NO. 704, ESTABLISHING A SIX-MONTH MORATORIUM ON THE FILING OF

APPLICATIONS FOR LICENSES, PERMITS, AND APPROVALS FOR ANY ENHANCED SERVICES

FACILITY OR COMPARABLE BUSINESS IN THE CITY

The City of Burien will hold a public hearing on Monday, March 18, 2019 for the purpose of:

Receiving public comments on Ordinance No. 704, establishing a six-month moratorium on

the filing of applications for licenses, permits, and approvals for any Enhanced Services Facility or

Comparable Business in the City

The hearing will be in the Council Chambers at Burien City Hall, 400 SW 152nd Street, pt Floor, at

approximately 7:00 pm.

Meetings are accessible to people with disabilities. Please phone (206) 248-5517 at least 48 hours prior to the meeting to request assistance. American Sign Language (ASL) interpretation and assisted listening devices are available upon request.

Published in The Seattle Times: March 8, 2019

cc:

R:\\CC\Notices2019\031819 ph ESF

Burien City Council

Burien City Staff

Burien Library

B•Town Blog

Discover Burien

la Raza

Westside Seattle

Web site: www.burienwa.gov

White Center Now

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� --­� .. a.

Burien

Notice of Application

City of Burien 400 SW 152nd Street, Suite 300 Burien, Washington 98166-3066

Applicant

Proposal

File No.

Location

Tax Parcel No.

Jillian Middleton

The City of Burien, Community Development Department has received a Type 1 Land Use. application for a Shoreline Variance request to construct a new deck addition to an existing single-family residence located adjacent to Puget Sound. The proposed new deck will project into the shoreline buffers.

PLA 19-0331

Application documents and full size plans are available for viewing at Burien City Hall during regular business hours.

12221 Shorewood Drive SW 778400-0305

Current Zoning • , , ,

Application Submitted/Complete

Other Permits Needed

Submitted: February 15, 2019 Complete: March 6, 2019 Building Permit

Other Studies Needed , •

Existing Environmental Info.

Review Process and Public Comment

Project Planner (for written comments

• Flood plain habitat assessment checklist prepared by The Watershed Company• FEMA Puget Sound BiOp Floodplain habitat Assessment Worksheet• Geotechnical observations letter, prepared by Leroy Surveyors & Engineers, Inc.• Project plans

The final decision on the proposal will be made by the Washington State Department of Ecology and may be appealed. All documents submitted or requested as part of this application are available for review at City Hall during regular business hours.

The initial decision on this application will be made by the Community Development Director and be forwarded to the Washington State Department of Ecology for review. Prior to the final decision, there is an opportunity for the public to submit written comments. Written comments

must be received prior to 5:00 p.m. Monday, April 8, 2019. Send written comments to the project planner (see below). Please indicate your name and address and refer to the file indicated above. Only people who submitted comments as indicated above may appeal the decision on this application.

David Johanson Department of Community Development

:-c,c:r,�,- City of Burien and more information)

Published in the Seattle Times

cc

R\cc\notices20 I 9\0308 I 9Middleton

400 SW 152nd Street, Suite 300 Burien, WA 98166 Phone: (206) 248-5522 E-Mail: davidj@burienwa.gov

Date of Notice: March 8, 2019

Burien City Council B-Town Blog

Burien City Staff Discover Burien

Burien Library LaRaza

Westside Seattle

Web site: www.burienwa.gov

White Center Now

216

Notice of Decision

City of Burien 400 SW 152nd Street, Suite 300 Burien, Washington 98166-

2209

Applicant

Proposal

File No.

Location

Tax Parcel No.

Decision

Appeals

Property Tax Revaluation

Project Planner

Attachments

February 28, 2019

Vinh Vuong, TP Homes, LLC

Construction of four multi-family buildings with a total of 23 Townhome style apartments, landscaping, parking and common play area.

File is available for viewing at Burien City Hall during regular business hours.

15612 8TH Avenue SW & 633 Ambaum Boulevard SW, Burien WA

121900-0062 & 121900-0065

Approval of Type 1 Land Use, subject to conditions

The City of Burien has issued the decision described above. Parties ofrecord may appeal this decision to the Hearing Examiner pursuant to Burien Municipal Code Section 19.65.065.5. The deadline for filing a written Notice of Appeal with the City Clerk is prior to 5:00 p.m. on Friday March 14, 2019. Copies of the "Notice of Appeal" document may be obtained at the Depatiment of Community Development. There is a non-refundable filing fee of $358.00 for the submittal of an appeal. For more infonnation please contact the project planner (see below).

Affected property owners may request a change in valuation for property tax purposes notwithstanding any program ofrevaluation. For more information, please contact the King County Assessor's Office at (206) 296-7300.

Brandi Eyerly, AICP Department of Community Development City of Burien 400 SW 152nd Street (Suite 300) Burien, WA 98166-3066 Phone: (206) 248-5519 E-Mail: BrandiE@burienwa.gov

Conditions of approval

217

CONDITIONS OF APPROVAL

PLA 18-2116

ADRIG 6

This application is subject to the applicable requirements contained in the Burien Municipal Code (including but not limited to the Zoning Code, Building Code and Fire Code), the 2016 King County Surface Water Design Manual and the 2016 Stormwater Pollution Prevention manual as adopted by the City of Burien (ref. BMC§ 13.10.020) and the 2016 Burien Road Design and Construction Standards. It is the responsibility of the applicant to ensure compliance with the various provisions contained in these documents. Land use approval does not guarantee that

the number of dwelling units proposed can be accommodated on the subject parcel.

Prior to the issuance of development permits, the Applicant shall:

1. Coordinate with all utilities serving or proposed to serve the site regardingundergrounding such utilities, and any other requirements, prior to application for aright-of-way use permit or construction. Coordinate early with Seattle City Lightregarding underground power and other electrical connections.

2. Apply for and be granted a developer extension from Southwest Suburban Sewer Districtbefore sanitary sewer service is available to the site. Easements are required by theDistrict.

3. Submit approved utility plans to the Public Works Development Review Engineer for thevarious utilities serving the site.

4. Update the storm site water plan, the erosion and sediment control plan, and theTechnical Information Report (TIR) as set out in the September 18,2018 memorandumfrom the Public Works Surface Water Management Engineer.

5. All required utilities, drainage, and street improvement plans shall be designed by aWashington State Licensed Engineer in accordance with City of Burien standards,including the 2016 Burien Road Design and Construction Standards, and the standardsand requirements of the 2016 King County Surface Water Design Manual, and the 2016Stormwater Pollution Prevention manual as adopted by the City of Burien (ref. BMC §13.10.020).

6. Apply for and obtain a right-of-way use permit from the City Public Works Departmentfor the drainage connection and any work within the existing right-of-way.

7. Apply for and obtain a clearing and grading permit from the City CommunityDevelopment Department for all on-site improvements.

1 I PLA 18-2116 Vinh Vuong -ADRIG 23 Townhomes Conditions of Approval

218

8. Select and submit one of the two tree retention plans offered. lf the Arborist

recommendation is selected, submit a tree replacement plan for approval by the

Director. The plans shall be prepared by a certified arborist, showing the total number of

replacement trees and where they will be planted.

9. Submit a lot line adjustment that will extinguish the common interior lot line of Lots 2

and 3 and merging them into one lot of record per BMC (BMC 19.17.190).

10. Pay a Transportation Impact Fee of $6,854.00 per BMC 19.35.

During construction the Applicant shall:

1. Protect significant trees during construction with a temporary five-foot-high chain link or

plastic net fence encircling an area of prohibited disturbance, generally corresponding to

the drip line of the tree.

2. All utilities serving the property, including all new electrical, phone, water, sewer, and

cable services, shall be placed underground unless exempt under BMC Chapter 12.40.

Construction of these facilities shall be inspected and approved by the City of Burien

Public Works Inspector.

3. Construct full urban frontage improvements consisting of pavement widening, storm

drain system, curb, gutter and a five-foot-wide sidewalk along the project's frontage on

8th Avenue SW in accordance with 2016 Burien Road Design and Construction Standards

(BRDCS). The new curb and gutter along the project's frontage shall be placed 19 feet

from the centerline. The existing pavement shall be saw cut at minimum 1' from edge in

a straight line parallel to roadway centerline.

4. The access lane will serve 23 dwelling units and therefore in accordance with BRDCS

shall be designed as a private access road, minimum width of 20 to 22 feet, and

consisting of curb, gutter, walkway, and a storm drainage system. The driveway

entrances shall be no less than 25 feet wide and no more than 35 feet wide per BRDCS

3.01 Driveways and Figures 3.5 to 3.

5. A full width overlay of the existing pavement is required for all street widening projects

including paved shoulder. The limits of the overlay will be based on the conditions of the

existing pavement at the time of construction as determined by the Right-of-Way

Inspector (BRDCS 4.03.(1)).

6. Replace the broken and damaged sidewalk and fence along Ambaum Boulevard SW.

7. Comply with the sight triangle regulations in BMC 19.17.240.

8. Follow the "Tree Protection Measures" on page six of the Arborist Report.

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9. If excavation or other construction work results in an inadvertent cultural resource

discovery, all work shall stop and the Washington State Historic Preservation Officer

contacted.

Prior to final Inspection, the applicant shall:

1. Install all landscaping and trees and maintain for the life of the project, as required by

BMC Chapter 19.25. All landscape materials and trees shall be pruned and trimmed as

necessary to maintain healthy growing conditions, or to prevent limb failure, as required

by BMC 19.25.170.2. Dead, diseased, damaged or stolen plantings shall be replaced

within three months, or during the next planting season (if the loss does not occur in a

planting season), and all landscaped areas shall be kept free from trash, as required by

BMC 19.25.170.3 and -4. All installed landscaping shall comply with the requirements of

BMC 19.25.080. The Applicant shall install all mitigating trees and irrigation, request

inspection, and acquire a maintenance bond prior to final inspection for the new

dwelling units.

2. Comply with the Fire Marshal's requirement to-

a. Mark the driveways as a fire lane and no parking in an approved manner;

b. Install fire sprinkler systems in all buildings;

c. Install fire hydrants per King County Water District 49; and

d. Provide Knox access.

3. Install a locked gated fence across the driveway at the entrance to the common

recreation area to prevent private vehicles entering the area. The applicant shall

address the fence requirements with the Fire Marshal.

4. Maintenance of recreation space shall be the responsibility of the owner or other

separate entity (such as a homeowners' association) capable of long-term maintenance

and operation in a manner acceptable to the City.

5. Submit to the City Planning Department a written report from a Certified ISA Arborist

that the project was monitored during construction and the "Tree Protection Measures"

were followed.

6. Provide as-built drawings prepared by a professional surveyor, signed and wet stamped

by the responsible professional engineer and surveyor, prior to submittal to the relevant

reviewing agency, as required by the Burien Municipal Code, the 2016 Burien Road

Design and Construction Standards, and/or per the 2016 King County Stormwater

Design Manual (where applicable).

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10. The Public Works Director may accept restoration, performance, and maintenance

security bonds, in forms acceptable to the City, if requested by the Applicant. Such

bonds shall be posted for required site and right-of-way improvements as required by

the Burien Municipal Code and the 2016 King County Stormwater Design Manual.

11. Provide on-site mail box services located conveniently for the U. S. Postal Service and

residents' access.

12. Submit a permit application for proposed signs per BMC 19.30.

13. Upon one year from the date of the final inspection the Applicant or Condominium

Association shall submit to the City Planning Department a report, prepared by a

Certified ISA Arborist, documenting the health of the two trees and any measures

needed for the trees' continuing health.

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