HB 1923 is preferable to the approach in the Senate’s more preemptive proposal; but the bill still has significant areas of concern from the city perspective. The major premise of these proposals is that cities are responsible for the lack of housing options—and, thus, lack of affordability—because of our regulatory decisions. But as the Legislature enacted in 2017, the zoned capacity of land, alone, is insufficient to determine whether land is suitable or likely for development or redevelopment (RCW 36.70A.215(3)(a)). Instead, as the 2017 Legislature determined, a review and evaluation of multiple factors is required in a Buildable Lands analysis, including infrastructure gaps. Seven western Washington counties, and their cities, are just getting underway on implementing these new requirements, which include a main focus on “showing your work” and on housing affordability.

We appreciate the fact that HB 1923’s sponsor has been willing to work with us and we recognize that this is a work in progress, as evidenced by the numerous changes made to the bill as it was voted out of committee. To see a section-by-section description of the bill, please see our previous article. The following are the changes made by the substitute:

• Adds, to the list of actions to increase residential building capacity from which certain cities may choose, authorizing a duplex on each corner lot within zoning districts that permit single-family residences.
• Requires that certain cities take at least one, rather than two, actions relating to housing affordability.
• Adds, to the list of actions to increase housing affordability form which certain cities may choose, providing surplus property to be used for affordable housing and enacting an affordable housing levy.
• Cities may rely on actions that take effect on or after January 1, 2015.
• Certain cities must take actions to meet the new requirements by December 31, 2022.
• In order for certain project actions to be exempt from appeal under SEPA for impacts to the transportation elements of the environment, the Washington State Department of Transportation must have determined that the project action does not present significant adverse impacts to the state-owned transportation system.
• Permanent supportive housing is a permitted use in all areas where multifamily housing is permitted, in both code and non-code cities.
• Prohibits imposing impact fees of more than $50,000 on any single-family residential project.
• Requires Commerce to publish notice of its approval or disapproval of updates made to a city's housing element as required by the act.

We expect that this bill will serve as one of the major vehicles to address the interest of legislators around land use and housing. As such, we would greatly appreciate any feedback that you have on these changes, or to the original bill.