A Senate bill from last session has resurfaced and changed significantly as it passed its house of origin.

Sen. Joe Nguyen (D–Seattle), the sponsor of SB 5428, intends to remove a statutory barrier that delays the siting of temporary shelters or encampments during emergencies. The State Environmental Policy Act (SEPA) requires governments to conduct an environmental review for any decision that may result in an environmental impact, such as issuing a land use permit. Depending on the complexity of the policy, project, or site, reviews can sometimes take months.

Although the intent of the bill was to streamline the siting of temporary sheltering sites for homeless individuals, the number of conditions to qualify for the SEPA exemption has tripled from the original bill. To qualify for the exemption under the current version of SB 5428, the bill requires the local jurisdiction to:

• Have declared a state of emergency on homelessness;
• Provide written notice to any jurisdiction that is within a quarter mile of the site at least 14 days before submitting a permit application;
• Determine whether to allow drugs or alcohol by site occupants based on an analysis of the needs and population served; and
• Require and make available employment, mental health, and drug counseling services at the site.

The site itself must:

• Be used for people experiencing homelessness;
• Include no more than 200 beds based on a one person per each bed ratio;
• Be used for no more than five years;
• Not involve a new permanent structure;
• Establish a community advisory committee that creates a process to accept and address community complaints. The jurisdiction may request one representative from the jurisdiction;
• Comply with drainage, erosion control, and other water quality regulations and permits;
• Have a disengagement plan for cleanup of the site;
• Have a medical waste disposal plan; and
• Have a solid waste management plan.

The bill defines “temporary shelter” as any use sited in a new or existing structure, or modular structure, that provides temporary quarters for sleeping and shelter. “Transitional encampment” is defined as any use having tents, modular structures, or similar shelters (including vehicles) providing temporary quarters for sleeping and shelter. Both kinds of sites may have common food preparation, shower, or other commonly used facilities that support the shelter.

Date to remember

SB 5428 is scheduled for public hearing in the House Environment & Energy Committee at 1:30 pm on Thursday, February 17.