HB 2321 passed off the Senate floor, picking up the following amendment:

Exempts areas designated by the EPA as sole-source aquifers on islands in the Puget Sound from the density requirements

Middle housing trailer bill advances

February 9, 2024

HB 2321 passed out of its house of origin, picking up the following changes along the way:

• Removed Section 3 which made changes to parking requirements under RCW 36.70A.620. Reverts to existing law.
• Exempts portions of a lot, parcel, or tract with critical areas from density requirements, except under certain circumstances; but requires these areas to be included in the 25 percent of lots exempt from minimum residential density requirements if a city chooses to implement the alternative density requirements. This may create difficulties with the ongoing comprehensive plan updates as it would restore development capacity increases to parcels that were previously excluded in whole under existing law. Now cities will need to evaluate what development capacity is provided for within the portion of these lots without critical area restraints.
• Applies the minimum density requirements for residential lots within 0.25 miles walking distance of a major transit stop to any bus rapid transit stop under construction, instead of any future stop on a bus rapid transit route funded for development and projected for construction within an applicable six-year transit plan.
• Exempts parcels and tracts with critical areas or their buffers, in addition to lots, from being considered an inconsistency with countywide planning policies, multicounty planning policies, or growth targets.

Trailer bill introduced to address minor issues with middle housing law

January 21, 2024

HB 2321, sponsored by Rep. Jessica Bateman (D–Olympia), proposes several modifications to the middle housing law from the 2023 session. The goal is to improve implementation and clarity.

The most substantial change proposed includes how to apply the middle housing requirements to lots with critical areas. Instead of excluding the full lot, it would only exclude the portions of the lot designated with critical areas or their buffers. Some cities have reported that this would cause them to have to revisit the assumptions for their comprehensive plan and environmental review, so the proposal also exempts any additional residential capacity created by this change from growth targets.

The bill also changes the definition of major transit stop to align with other legislation. The new definition would be:

1. A stop on a high-capacity transportation system funded or expanded under the provisions of chapter 81.104 RCW;
2. Commuter rail stops;
3. Stops on rail or fixed guideway systems; or
4. Stops on bus rapid transit routes and any future stop on a bus rapid transit route funded for development and projected for construction within an applicable six-year transit plan under RCW 35.58.2795.

Dates to remember

HB 2321 is scheduled for public hearing in the House Housing Committee on Monday, January 22 at 1:30 pm and for executive session on Thursday, January 25 at 8 am.