wa-law.org > bill > 2025-26 > HB 2266 > Substitute Bill
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 types of lodging and residential development, 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.
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A county or city planning under RCW 36.70A.040 must allow:
Transitional housing or permanent supportive housing in any zones within an urban growth area in which residential dwelling units or hotels are allowed; and
Indoor emergency shelters and indoor emergency housing in any zones within an urban growth area in which hotels are allowed. Nothing in this subsection allows a county or city to limit indoor emergency shelters and indoor emergency housing in a manner where the capacity of indoor emergency shelters and indoor emergency housing is insufficient to meet the projected needs identified under RCW 36.70A.070(2)(a)(ii). A county or city must allow indoor emergency shelters and indoor emergency housing in additional types of zones when necessary to meet projected needs identified in RCW 36.70A.070(2)(a)(ii).
A county or city may not require transitional housing, permanent supportive housing, indoor emergency housing, and indoor emergency shelters to be located in a zone within an urban growth area zoned for industrial use.
Except as provided in subsections (5) and (6) of this section, 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 lodging and residential development within the same zone, but may apply any objective development regulations, including form-based codes, that are required for residential development including, but not limited to, setback, lot coverage, stormwater, clearing, and tree canopy and retention requirements.
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 types of lodging and 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.
If applying design review for transitional housing, permanent supportive housing, indoor emergency shelters, and indoor emergency housing, only administrative design review may be required.
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For an indoor emergency shelter or indoor emergency housing, a county or city may require the sponsor or managing agency to certify in writing that it has, between the date the permit application was approved and the date the certificate of occupancy was issued:
Notified residents within 500 feet of the indoor emergency shelter or indoor emergency housing;
Conducted no more than one community meeting;
Designated at least one point of contact and provide at least one telephone number to be used in emergencies; and
Provided documentation of the sponsor's or managing agency's operational policies or procedures for health, fire, safety, and occupancy.
The written certification by the sponsor or managing entity constitutes full compliance with (a) of this subsection. A county or city may not require the sponsor or managing agency to provide additional certifications outside of what is allowed under (a) of this subsection (5) or to repeat or revise any of the items in (a)(i) through (iv) of this subsection (5). Nothing in this subsection (b) prohibits the sponsor or managing agency from voluntarily updating any of the information submitted under (a)(i) through (iv) of this subsection (5).
Nothing in this section requires a city or county to approve a permit application for permanent supportive housing, transitional housing, indoor emergency housing, or indoor emergency shelters that are proposed in a critical area in which no residential development is permitted, an area of natural hazards that generally prohibit residential development, or on agricultural, forest, or mineral lands of long-term commercial significance.
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A city must allow:
Transitional housing or permanent supportive housing in any zones in which residential dwelling units or hotels are allowed; and
Indoor emergency shelters and indoor emergency housing in any zones in which hotels are allowed. Nothing in this subsection allows a county or city to limit indoor emergency shelters and indoor emergency housing in a manner where the capacity of indoor emergency shelters and indoor emergency housing is insufficient to meet the projected needs identified under RCW 36.70A.070(2)(a)(ii). A county or city must allow indoor emergency shelters and indoor emergency housing in additional types of zones when necessary to meet projected needs identified in RCW 36.70A.070(2)(a)(ii).
A city may not require transitional housing, permanent supportive housing, indoor emergency housing, and indoor emergency shelters to be located in a zone within an area zoned for industrial use.
Except as provided in subsections (5) and (6) of this section, 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 lodging and residential development within the same zone, but may apply any objective development regulations, including form-based codes, that are required for residential development including, but not limited to, setback, lot coverage, stormwater, clearing, and tree canopy and retention requirements.
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 types of lodging and 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.
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 within a historic district established under a local preservation ordinance. A city may approve requests for variances from locally established design review standards.
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For an indoor emergency shelter or indoor emergency housing, a city may require the sponsor or managing agency to certify in writing that it has, between the date the permit application was approved and the date the certificate of occupancy was issued:
Notified residents within 500 feet of the indoor emergency shelter or indoor emergency housing;
Conducted no more than one community meeting;
Designated at least one point of contact and provide at least one telephone number to be used in emergencies; and
Provided documentation of the sponsor's or managing agency's operational policies or procedures for health, fire, safety, and occupancy.
The written certification by the sponsor or managing entity constitutes full compliance with (a) of this subsection (5). A city may not require the sponsor or managing agency to provide additional certifications outside of what is allowed under (a) of this subsection (5) or to repeat or revise any of the items in (a)(i) through (iv) of this subsection (5). Nothing in this subsection (b) prohibits the sponsor or managing agency from voluntarily updating any of the information submitted under (a)(i) through (iv) of this subsection (5).
Nothing in this section requires a city to approve a permit application for permanent supportive housing, transitional housing, indoor emergency housing, or indoor emergency shelters that are proposed in a critical area in which no residential development is permitted, an area of natural hazards that generally prohibit residential development, or on agricultural, forest, or mineral lands of long-term commercial significance.
For purposes of this section, "transitional housing" has the same meaning as in RCW 84.36.043.
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A code city must allow:
Transitional housing or permanent supportive housing in any zones in which residential dwelling units or hotels are allowed; and
Indoor emergency shelters and indoor emergency housing in any zones in which hotels are allowed. Nothing in this subsection allows a county or city to limit indoor emergency shelters and indoor emergency housing in a manner where the capacity of indoor emergency shelters and indoor emergency housing is insufficient to meet the projected needs identified under RCW 36.70A.070(2)(a)(ii). A county or city must allow indoor emergency shelters and indoor emergency housing in additional types of zones when necessary to meet projected needs identified in RCW 36.70A.070(2)(a)(ii).
A code city may not require transitional housing, permanent supportive housing, indoor emergency housing, and indoor emergency shelters to be located in a zone within an area zoned for industrial use.
Except as provided in subsections (5) and (6) of this section, 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 lodging and residential development within the same zone, but may apply any objective development regulations, including form-based codes, that are required for residential development including, but not limited to, setback, lot coverage, stormwater, clearing, and tree canopy and retention requirements.
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 types of lodging and 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.
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 within a historic district established under a local preservation ordinance. A city may approve requests for variances from locally established design review standards.
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For an indoor emergency shelter or indoor emergency housing, a code city may require the sponsor or managing agency to certify in writing that it has, between the date the permit application was approved and the date the certificate of occupancy was issued:
Notified residents within 500 feet of the indoor emergency shelter or indoor emergency housing;
Conducted no more than one community meeting;
Designated at least one point of contact and provide at least one telephone number to be used in emergencies; and
Provided documentation of the sponsor's or managing agency's operational policies or procedures for health, fire, safety, and occupancy.
The written certification by the sponsor or managing entity constitutes full compliance with (a) of this subsection (5). A code city may not require the sponsor or managing agency to provide additional certifications outside of what is allowed under (a) of this subsection (5) or to repeat or revise any of the items in (a)(i) through (iv) of this subsection (5). Nothing in this subsection (b) prohibits the sponsor or managing agency from voluntarily updating any of the information submitted under (a)(i) through (iv) of this subsection (5).
Nothing in this section requires a city to approve a permit application for permanent supportive housing, transitional housing, indoor emergency housing, or indoor emergency shelters that are proposed in a critical area in which no residential development is permitted, an area of natural hazards that generally prohibit residential development, or on agricultural, forest, or mineral lands of long-term commercial significance.
For purposes of this section, "transitional housing" has the same meaning as in RCW 84.36.043.
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.
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.
A city, county, or other local governmental entity or agency may impose and enforce income qualification, coordinated entry, reporting, and monitoring 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.
(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.
(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.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
A county or city subject to this act shall adopt or amend by ordinance, and incorporate into its development regulations, zoning regulations, and other official controls, the requirements of this act within two years of the effective date of this section or its next comprehensive plan update, whichever occurs first. The requirements of this act supersede, preempt, and invalidate any conflicting local regulations and apply regardless of whether a county or city has incorporated the requirements of this act into the county's or city's development regulations, zoning regulations, and other official controls.
This act does not apply to the siting of transitional housing, permanent supportive housing, indoor emergency shelters, and indoor emergency housing in operation on the effective date of this section. A county or city may not deem transitional housing, permanent supportive housing, indoor emergency shelters, and indoor emergency housing in operation on the effective date of this section unlawful or noncompliant due to the provisions of the act or due to ordinances, regulations, or controls adopted or amended under subsection (1) of this section.