wa-law.org > bill > 2025-26 > HB 2266 > Original Bill

HB 2266 - Supportive & emerg. housing

Source

Section 1

The legislature finds that Washington state faces an acute shortage of housing affordable to households at all income levels, resulting in housing insecurity and a growing number of people experiencing homelessness. The legislature further finds that local regulatory barriers, inconsistent siting standards, and discretionary review processes have constrained the timely development of permanent supportive housing, transitional housing, indoor emergency housing, and indoor emergency shelters. It is the intent of the legislature to increase housing supply and advance fair housing by requiring these housing types to be permitted in urban areas on the same terms as other residential uses, subject only to objective and nondiscriminatory development standards necessary to protect public health and safety. By streamlining permitting processes and ensuring consistent treatment across jurisdictions, the legislature intends to avoid unnecessary cost increases associated with delays and to facilitate the prompt delivery of safe, dignified, and stable housing and to support statewide efforts to address homelessness and the housing crisis.

Section 2

  1. A county or city planning under RCW 36.70A.040 must allow transitional housing, permanent supportive housing, indoor emergency shelters, and indoor emergency housing in any zones within an urban growth area that are not zoned for industrial use.

  2. A county or city may not require through development regulations, ordinances, or legal agreements any standards, conditions, or requirements for transitional housing, permanent supportive housing, indoor emergency housing, and indoor emergency shelters that are more restrictive than those required for other types of residential development within the same zone, but may apply any objective development regulations that are required for residential development including, but not limited to, setback, lot coverage, stormwater, clearing, and tree canopy and retention requirements.

  3. A county or city shall only apply the same development permit and environmental review processes to transitional housing, permanent supportive housing, indoor emergency shelters, and indoor emergency housing that apply to other residential development within the same zone, unless otherwise required by state law including, but not limited to, shoreline regulations under chapter 90.58 RCW, building codes under chapter 19.27 RCW, energy codes under chapter 19.27A RCW, or electrical codes under chapter 19.28 RCW.

  4. If applying design review for transitional housing, permanent supportive housing, indoor emergency shelters, and indoor emergency housing, only administrative design review may be required.

Section 3

  1. A city must allow transitional housing , permanent supportive housing , indoor emergency shelters, and indoor emergency housing in any zones that are not zoned for industrial use.

  2. A city may not require through development regulations, ordinances, or legal agreements any development or operating standards, conditions, or requirements for transitional housing, permanent supportive housing, indoor emergency housing, and indoor emergency shelters that are more restrictive than those required for other types of residential development within the same zone, but may apply any objective development regulations that are required for residential development including, but not limited to, setback, lot coverage, stormwater, clearing, and tree canopy and retention requirements.

  3. A county or city shall only apply the same development permit and environmental review processes to transitional housing, permanent supportive housing, indoor emergency shelters, and indoor emergency housing that apply to other residential development within the same zone, unless otherwise required by state law including, but not limited to, shoreline regulations under chapter 90.58 RCW, building codes under chapter 19.27 RCW, energy codes under chapter 19.27A RCW, or electrical codes under chapter 19.28 RCW.

  4. If applying design review for transitional housing, permanent supportive housing, indoor emergency shelters, and indoor emergency housing, only administrative design review may be required. For the purposes of this subsection, "administrative design review" means a development permit process whereby an application is reviewed, approved, or denied by the planning director or the planning director's designee based solely on objective design and development standards without a public predecision hearing, unless such review is otherwise required by state or federal law, or the structure is a designated landmark or historic district established under a local preservation ordinance. A city may utilize public meetings, hearings, or voluntary review boards to consider, recommend, or approve requests for variances from locally established design review standards.

Section 4

A code city must allow transitional housing , permanent supportive housing , indoor emergency shelters, and indoor emergency housing in any zones that are not zoned for industrial use.

  1. A code city may not require through development regulations, ordinances, or legal agreements any development or operating standards, conditions, or requirements for transitional housing, permanent supportive housing, indoor emergency housing, and indoor emergency shelters that are more restrictive than those required for other types of residential development within the same zone, but may apply any objective development regulations that are required for residential development including, but not limited to, setback, lot coverage, stormwater, clearing, and tree canopy and retention requirements.

  2. A code city shall only apply the same development permit and environmental review processes to transitional housing, permanent supportive housing, indoor emergency shelters, and indoor emergency housing that apply to other residential development within the same zone, unless otherwise required by state law including, but not limited to, shoreline regulations under chapter 90.58 RCW, building codes under chapter 19.27 RCW, energy codes under chapter 19.27A RCW, or electrical codes under chapter 19.28 RCW.

  3. If applying design review for transitional housing, permanent supportive housing, indoor emergency shelters, and indoor emergency housing, only administrative design review may be required. For the purposes of this subsection, "administrative design review" means a development permit process whereby an application is reviewed, approved, or denied by the planning director or the planning director's designee based solely on objective design and development standards without a public predecision hearing, unless such review is otherwise required by state or federal law, or the structure is a designated landmark or historic district established under a local preservation ordinance. A city may utilize public meetings, hearings, or voluntary review boards to consider, recommend, or approve requests for variances from locally established design review standards.

Section 5

  1. A city, county, or other local governmental entity or agency may not adopt, impose, or enforce requirements on an affordable housing development that are different than the requirements imposed on housing developments generally.

  2. This section does not prohibit any city, county, or other local governmental entity or agency from extending preferential treatment to affordable housing developments intended for including, but not limited to, occupancy by homeless persons, farmworkers, persons with disabilities, senior citizens, or low-income households. Preferential treatment may include, but is not limited to: A reduction or waiver of fees or changes in applicable requirements including, without limitation, architectural requirements, site development requirements, property line requirements, building setback requirements, or vehicle parking requirements; or other treatment that reduces or is likely to reduce the development or operating costs of an affordable housing development.

  3. A city, county, or other local governmental entity or agency may impose and enforce reporting and auditing requirements on affordable housing developments as conditions of loans, grants, financial support, tax benefits, subsidy funds, or sale or lease of public property, or as conditions to eligibility for any affordable housing incentive program under RCW 36.70A.540 or any other program involving bonus density, transfer of development rights, waiver of development regulations or fees, or other development incentives.

Section 6

(1)(a) Cities must adopt or amend by ordinance, and incorporate into their development regulations, zoning regulations, and other official controls the requirements of subsection (2) of this section for buildings in commercial, mixed-use, or residential zones no later than June 30, 2026.

Section 7

(1)(a) Code cities must adopt or amend by ordinance, and incorporate into their development regulations, zoning regulations, and other official controls the requirements of subsection (2) of this section for buildings in commercial, mixed-use, or residential zones no later than June 30, 2026.


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