A bill known as the Housing Accountability Act would mandate agency oversight of city and county Housing Elements as part of the Growth Management Act (GMA) comprehensive planning process. The bill also includes a mandate that cities approve all affordable housing development, with exceptions. It’s scheduled for a hearing and committee vote this week.

HB 2113, sponsored by Rep. Jessica Bateman (D–Olympia), seems to be constructed on the premise that city and county Housing Elements are not following the requirements of the law and require agency oversight by the Department of Commerce to ensure compliance. Under the bill:

• Jurisdictions must notify Commerce no later than 120 days in advance of submitting a Housing Element and all related development regulations to the agency.
• Commerce will review to ensure compliance with the GMA, SEPA, and applicable rules.
• The Housing Element and development regulations do not take effect until approved by Commerce.
• A jurisdiction has six months past its comprehensive plan update deadline to receive Commerce approval to remain in compliance with its deadline.

HB 2113 also requires Commerce to publish “minimum standards of compliance.” It’s unclear how those would differ from the letter of the statute and rules that currently direct planning jurisdictions in their comprehensive planning work—and that the bill directs Commerce to use to determine compliance.

Jurisdictions, in submitting their Housing Element for approval, must also submit a host of other documentation including the public comment record and “how” the Housing Element and development regulations comply with the law. Interestingly, the bill also requires Commerce to publish notices and decisions in the Washington State Register, which is not typically used for such ministerial actions.

Buried within the section on the Housing Element approval process is a mandate that cities cannot deny an affordable housing project, or condition a project that adversely impacts the feasibility of affordability, unless one of the following is met:

• The jurisdiction has received a final decision of compliance from Commerce under the above process;
• The jurisdiction has received certification from Commerce after submitting an empirical study that the affordable housing development would have an adverse impact on public health and safety;
• The denial of the affordable housing development is required to comply with specific state or federal law;
• The affordable housing development or proposed development site is outside an urban growth area, in a critical area, critical area buffer, or an area where residential uses are not allowed by the shoreline master program; or
• The proposed development use conflicts with the zoning code.

Dates to remember

HB 2113 is scheduled for public hearing in the House Housing Committee on Monday, January 15 at 1:30 pm and is scheduled for a vote in the same committee on Thursday, January 18 at 8 am.