The TOD bill, HB 2160, was amended in two ways as it passed out of its Senate policy committee:

• Modified the definition of “station area” to only include bus rapid transit stops that have been identified in the transit development plan and which has been reviewed under SEPA and an environmental determination has been issued. Or possibly, as written, the plan has undergone SEPA review and determination.
• A city has to allow 3.0 FAR near bus rapid transit stops instead of 2.5 FAR if a city exempts 25% of station areas.

These tweaks do not address our fundamental concerns with this bill. Please continue to share your perspectives with your Senators.

Transit-oriented development bill scheduled for a committee vote

February 16, 2024

The famous “TOD” bill—HB 2160—has been heard in the Senate Local Government, Land Use, & Tribal Affairs Committee and scheduled for a vote first thing in the morning on February 20. Please continue to share your perspectives with your Senators. You can reach out directly or use the comment form attached to the bill’s legislative page.

Dates to remember

HB 2160 is scheduled for a vote in the Senate Local Government, Land Use, & Tribal Affairs Committee on Tuesday, February 20 at 8 am.

Transit-oriented development bill returns with a new name and timeline, but not much else has changed

January 9, 2024

Governor Inslee has again requested the Legislature take up a transit-oriented development proposal. The House version from Rep. Julia Reed (D–Seattle), HB 2160, has been introduced and scheduled for a hearing the first week. The Senate companion from Sen. Yasmine Trudeau (D–Tacoma), SB 6024, will be heard two days later.

The bills have been re-christened as “Community and Transit Oriented Housing Development,” but other than the name change, the proposal has only seen one significant substantive change since the bill failed to advance last session. It is a helpful change, at least. In recognition that cities in King, Pierce, Snohomish, and Kitsap counties are too far along in their comprehensive plan updates to integrate this policy, the deadline for those jurisdictions to comply has been moved to the five-year progress report in 2029.

However, the remainder of the policy remains essentially the same as was opposed by many cities and AWC in 2023.

We are still hopeful that more of the work that cities pursued with legislators this past interim to identify the components beyond zoning that are necessary to see successful transit-oriented development will find their way into the discussion. Things like infrastructure support, support to attract complementary businesses like grocery stores, and concentration of the application of these policies to fewer areas to allow for the ability to concentrate efforts. Bill sponsors have indicated an interest in adding a grant program into the bill to fund infrastructure needs, but no concrete proposals have surfaced.

Highlights of HB 2160

• Cities must authorize a floor area ratio (FAR) of 3.5 within one-half mile walking distance of a stop on a light rail, commuter rail, or other rail system.
• Cities must also authorize a FAR of 2.5 within one-quarter mile walking distance of a stop on a bus rapid transit route –  This is a substantial grant of development authority in many cities.

The bill also:

• Adds an affordability requirement of at least 10% of units constructed in a station area to be affordable to those at or below 60% AMI. An exception is made for zones that already required a density that meets the requirements of the bill.
• Adds a 1.5 FAR to the above for any project that includes affordable housing for those at 60% AMI or less for 50 years or for permanent supportive housing.
• A multifamily housing project that adds three-bedroom units doesn’t count towards the FAR.
• Adds an alternative where cities can apply an average in a station area, where some areas are higher and some lower than the requirement. This requires state agency approval.
• Prohibits cities from requiring off-street parking within a half mile of rail stops and a quarter mile of bus rapid transit stops except for those with a disabled parking placard, unless a city gains approval from the state that not having off-street parking would be significantly less safe.
• Prohibits requiring any development regulations in a station area that render it impracticable to build a usable structure at the required density, with exceptions.
• Adds a “substantially similar” compliance pathway where a city can petition to Commerce that their regulations are substantially similar than this bill. Commerce must approve any variations.
• Allows for a delay in applying the requirements in areas at risk of displacement with Commerce’s approval.

Dates to remember

HB 2160 is scheduled for public hearing in the House Housing Committee on Tuesday, January 9 at 4 pm.

SB 6024 is scheduled for public hearing in the Senate Local Government Committee on Thursday, January 11 at 10:30 am.