Companion bills, that assume cities are adopting Growth Management Act (GMA) housing elements that violate the law, would require the state Department of Commerce to make a legal determination of compliance. Unfortunately, as written this would actually delay the very housing policy updates the state has mandated cities adopt.

HB 1235, sponsored by Rep. Strom Peterson (D–Edmonds), and SB 5148, sponsored by Sen. Jessica Bateman (D–Olympia), would prevent housing development regulations and housing elements from being adopted until Commerce completes its review and makes a determination of legality. Setting aside the fact that Commerce does not employ attorneys, has recently misinterpreted state housing law, and already has the authority to review and comment on plan and development regulations under the GMA, this new process would delay housing development by delaying local plans and ordinances from going into effect.

Another challenging element of the proposal is the concept of having a state agency staffer, with no responsibility to participate in the community processes that generated policy approaches, to certify that one GMA element is compliant.  As we know the GMA is structured and intends a balancing of interests across a broad spectrum of community needs and goals – so evaluating one in isolation is problematic.

Overall, the bill adds an unnecessary bureaucratic process for what is shown to be almost a non-issue – less than 1% of local government plans and regulations are found to be noncompliant when challenged. The GMA presumes plans are valid once adopted and for good reason—civil servants, elected officials, and members of the public who participate in the process of developing comprehensive plans aim to follow the law.

Date to remember

HB 1235 will be heard in the House Housing Committee on Tuesday, January 21 at 4 pm.

SB 5148 will be heard in the Senate Housing Committee on Friday, January 24 at 10:30 am.