Land Use & Housing

For information on any of the following items, please contact either Dave Williams, davew@awcnet.org, or Tim Gugerty, timg@awcnet.org.

Annexation Reform (HB 2483/SB 6238) – AWC Priority

As noted in previous Bulletins, non-code cities have different requirements when annexing lands by property-owner petition than code cities. Identical House and Senate bills, HB 2483 and SB 6238, simply standardize the requirements so that code and non-code cities may annex by petition if supported by owners of at least 60% of the assessed value of annexable land. Both bills have been passed to Rules and are awaiting a pull to the floor calendar.

Fire District Commissioner Annexation Reform (HB 2938)

AWC testified in opposition to HB 2938 on January 29 in the House Committee on Local Government. Current law provides that once an area is annexed, the city is responsible for fire services and must work out asset transfer issues and whether or not the districts provide continued services by contract.

This bill grants fire districts the authority to continue service and hold on to assets if they do not enter into an inter-local agreement. The bill also modifies a section of the Growth Management Act by declaring fire districts equal to cities as units of government "most appropriate to provide urban governmental services."

Local Solutions to Climate Change/GMA (HB 2797/SB 6580)

As we have reported in previous issues of this Bulletin, these identical high priority bills from the environmental community were introduced containing new mandates for larger GMA-planning cities and counties to address climate change in local plans and regulations, appealable to Growth Management Hearings Boards.

These bills have been significantly scaled back and contain no new mandates. Instead, they include the following:

1. If funded, grants to help interested cities or counties address climate change in local land use and transportation programs; and
2. Provisions for the creation of a stakeholder group to evaluate and report back to the Legislature about how cities and counties might best address climate change challenges at the local level.

AWC supports both of these initiatives. We are concerned they will not be funded. If they are not funded, they are without value.

The most controversial piece of the scaled-back approach continues to be whether or not to legislate a new 14th GMA goal focusing on climate change. Some argue that one of the existing GMA goals addressing environmental protection already directs cities to look at climate change when updating local plans and regulations. Others say a new one – to be balanced among the others and not "trump" them – should be included. AWC has not heard from cities that this goal is necessary. We have heard from some cities that they don’t oppose a new goal and from other cities that they do oppose a new goal. AWC continues to be evaluating how best to resolve this part of the proposed legislation.

AWC is seeking input from interested cities on this topic and has not yet indicated either support for or opposition to this component of the bill. Please contact either Dave Williams, davew@awcnet.org, or Tim Gugerty, timg@awcnet.org, with input on this issue.

Evergreen Cities/Urban Forestry (SHB 2844/SB 6469, HB 2468/SB 6249)

Bill proponents want cities to increase inventory, assessment, and protection efforts for existing trees and increase the number of tree plantings. As reported in last week’s Bulletin, AWC has reached an agreement with proponents that eliminates the mandatory and regulatory approaches contained in both HB 2844/SB 6469. This agreement is contained in the substitute version, SHB 2844, that is awaiting consideration by the House Appropriations Committee. The Senate version, SB 6469, has not yet been modified to reflect this agreement. Until it is modified, AWC opposes SB 6469.

HB 2468/SB 6249 are AWC-supported companion bills that contain only some sections of the bills noted above. These bills require the Department of Natural Resources (DNR), at no cost to cities, to:

1. Inventory trees in all cities around the state (taking up to seven years to complete);
2. Assess tree health; and
3. Provide assistance to interested cities on managing trees.

HB 2468 has moved from the House Appropriations Committee, while the Senate version appears stalled.

AWC will continue to work with proponents of all versions of these bills. It is not yet clear which ones, if any, will make it to the Governor’s desk with funding.

Housing Affordability (HB 2604, HB 1727/SB 6727)

Legislative leadership and the Governor are working jointly to promote numerous consumer protection, funding and reform proposals aimed at helping protect those now owning a home and to help make more affordable housing available. The following bills are among those "in play" that AWC supports:

Allowing Cities the Option of Exempting Low-Income Housing and Development Activities from Impact Fees (HB 2604)

AWC strongly supports this bill that authorizes cities to exempt low-income housing development from locally-imposed GMA impact fees. Current law allows such exemptions only if public funds are used to replace the fees waived. The bill is awaiting action in the House Local Government Committee.

Planning to Ensure Sufficient Land and Densities Available to Accommodate Growth (HB 1727, SB 6727)

As noted in last week’s Bulletin, AWC supports these Realtor-promoted bills that were extensively worked last session as HB 1727. Sec. 4 of HB 1727, as currently written, requires counties of 175,000 or more to adopt consistent development regulations with cities for unincorporated lands inside urban growth areas, adjacent to or surrounded by a city. HB 1727 passed from the House floor last week in a slimmed down version including this language. SB 6727 was added to a Senate Government Operations Committee schedule for hearing on January 31, but the committee ran out of time before hearing the bill. SB 6727 has been rescheduled for February 4 at 10 am.

Help for Smaller GMA-Planning Cities (SSB 6493, HB 2777)

The Senate Government Operations and Elections Committee took action to move forward SSB 6493, which would provide access to a new state loan fund for cities under 30,000 whose GMA critical areas ordinances are appealed. SSB 6493, sponsored by Sen. Steve Hobbs (D-Lake Stevens), establishes a fund, sets a repayment schedule of 10 years at 4% interest and, as amended in committee, provides a partial funding source by establishing a $400 Growth Management Hearings Board appeal fee. The most controversial part of the bill proposed providing for a triple payment of cities’ attorney’s fees if an appealed city has followed all of its requirements and the court rules the appeal to be "frivolous."

The amended version caps payment of cities’ attorney’s fees at double the rate, rather than triple. The substitute bill also exempts fee payments for low-income individuals. AWC appreciates the efforts of Sen. Hobbs and urges interested cities to ask your Senators for their support. This bill could come to the floor next week.

Rep. Judy Clibborn (D-Mercer Island) introduced HB 2777, a bill that would provide technical and funding assistance to GMA-planning cities of 7,500 or fewer to help meet their infrastructure needs associated with growth. During a tour last summer of smaller cities, she appreciated the challenges they face in meeting growth pressures. Unfortunately, this bill is not going to move forward this session because there is not a funding source. She intends to keep working on this and AWC will be at her side to help.

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