wa-law.org > bill > 2025-26 > HB 2573 > Original Bill
Access to a wide range of healthy foods, basic health products, and prescription drugs at reasonable prices within communities is essential for public health and is a goal of the growth management act. It is the intent of the legislature to protect public health, promote good health in all communities, and reduce disparities in adverse health outcomes for the residents of overburdened communities and members of federally recognized tribes designated by the state pursuant to the healthy environment for all act.
The legislature finds that the rapid closure of supermarkets, full service grocery stores, and pharmacies without notice to local governments creates "food deserts" due to lack of access to a full range of groceries, including fresh produce, health products, and household essentials at reasonable prices for residents in areas where cities have planned increased density, particularly for vulnerable populations, based on access to supermarkets, full service grocery stores, and pharmacies.
The legislature finds that local governments often properly consider current or proposed supermarkets, full service grocery stores, and pharmacies as essential to serve residents in areas designated under this act for increased housing densities, provision of affordable housing and housing dedicated to seniors and persons with disabilities, mixed commercial and residential development, and to anchor planning for transit and infrastructure under this act. The legislature encourages local governments to include policies that ensure that there is adequate access to these services in comprehensive plans for areas with increasing densities. Where cities and counties planning under this act have considered in their planning documents the presence of such supermarkets, full service grocery stores, and pharmacies, the legislature intends to ensure that the cities, counties, and members of the public have notice of closures or sales which may reduce or interrupt services, and to provide local governments with tools that enable action to ensure continued access and prevent creation of food and pharmacy deserts. Amongst those tools are a nuisance fee and an excise tax that may be levied on properties on which the jurisdiction placed substantial weight in planning for access to food, household items, and health services to support increased housing density while those properties or structures are vacant.
A supermarket, full service grocery store, or pharmacy that was relied upon by a planning jurisdiction to designate an area for affordable or senior housing, housing for disabled persons, health services, increased density and transit, or infrastructure investments must provide at least six months' notice of reduced service, closure, or proposed closure or sale.
A supermarket, full service grocery store, or pharmacy located in an overburdened community pursuant to chapter 70A.02 RCW must provide at least one year's notice of closure, proposed closure or sale, or significant change in operation that may interrupt access to groceries or prescriptions or significantly affect the employment of residents of the overburdened community.
Notice must be provided to:
The city where the supermarket, full service grocery store, or pharmacy is located;
Any other cities or unincorporated areas of a county that comprises the affected overburdened community; and
The department.
Cities and counties shall include the required notice of closure, sale, or significant change in operations in land use permits and shall post or otherwise share the notice to the public, including in primary languages spoken by five percent of the affected overburdened community's residents.
A city or county entitled to notice of closure, sale, or significant change in operations of a supermarket, full service grocery store, or pharmacy pursuant to subsections (1) and (2) of this section, or the Washington state office of the attorney general, may file an action in superior court to enjoin a closure, sale, or significant change in operation which violates the notice requirements in subsections (1) and (2) of this section.
A city or county shall provide notice to supermarkets, full service grocery stores, and pharmacies within their jurisdictions that are subject to the requirements in subsections (1) and (2) of this section through the supermarket's, full service grocery store's, or pharmacy's registered agent or persons owning the supermarket, full service grocery store, or pharmacy within 30 days of the adoption of the relevant comprehensive plan update, including all appendices to the comprehensive plan.
Through the use of zoning and comprehensive plan updates, a city or county may use planning and zoning tools to improve the likelihood that a property that previously held a supermarket, full service grocery store, or pharmacy, which was considered in prior plans for the area where the property is located, will be returned to use for those purposes as provided in this section.
Cities and counties may designate commercial or mixed-use properties to be zoned to require one or more ongoing uses as a supermarket, full service grocery store, or pharmacy, or to include another use that promotes public health in a community designated as an overburdened community pursuant to chapter 70A.02 RCW.
In its next update of the comprehensive plan, a city or county may include designation of properties in areas of mixed commercial and residential use within one-half mile of major transit, or that otherwise are identified in the comprehensive plan as supporting multifamily housing, for uses to include a supermarket, full service grocery store, pharmacy, or other essential services. In areas where an existing commercial entity is serving this purpose, the city or county may adopt an update to zone the property to include continuing use of the property for a range of such essential community services rather than a general commercial use. A city or county may increase the floor area ratio or density limits applicable to such a property if development will include an enforceable covenant and permit requirements for a supermarket, full service grocery store, pharmacy, or another use that promotes public health or other essential services for a period of at least 25 years.
The following goals are adopted to guide the development and adoption of comprehensive plans and development regulations of those counties and cities that are required or choose to plan under RCW 36.70A.040 and, where specified, also guide the development of regional policies, plans, and strategies adopted under RCW 36.70A.210 and chapter 47.80 RCW. The following goals are not listed in order of priority and shall be used exclusively for the purpose of guiding the development of comprehensive plans, development regulations, and, where specified, regional plans, policies, and strategies:
Urban growth. Encourage development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner.
Reduce sprawl. Reduce the inappropriate conversion of undeveloped land into sprawling, low-density development.
Transportation. Encourage efficient multimodal transportation systems that will reduce greenhouse gas emissions and per capita vehicle miles traveled, and are based on regional priorities and coordinated with county and city comprehensive plans.
Housing. Plan for and accommodate housing affordable to all economic segments of the population of this state, promote a variety of residential densities and housing types, and encourage preservation of existing housing stock.
Economic development. Encourage economic development throughout the state that is consistent with adopted comprehensive plans, promote economic opportunity for all citizens of this state, especially for unemployed and for disadvantaged persons, promote the retention and expansion of existing businesses and recruitment of new businesses, recognize regional differences impacting economic development opportunities, and encourage growth in areas experiencing insufficient economic growth, all within the capacities of the state's natural resources, public services, and public facilities.
Property rights. Private property shall not be taken for public use without just compensation having been made. The property rights of landowners shall be protected from arbitrary and discriminatory actions.
Permits. Applications for both state and local government permits should be processed in a timely and fair manner to ensure predictability.
Natural resource industries. Maintain and enhance natural resource-based industries, including productive timber, agricultural, and fisheries industries. Encourage the conservation of productive forestlands and productive agricultural lands, and discourage incompatible uses.
Open space and recreation. Retain open space and green space, enhance recreational opportunities, enhance fish and wildlife habitat, increase access to natural resource lands and water, and develop parks and recreation facilities.
Environment. Protect and enhance the environment and enhance the state's high quality of life, including air and water quality, and the availability of water.
Citizen participation and coordination. Encourage the involvement of citizens in the planning process, including the participation of vulnerable populations and overburdened communities, and ensure coordination between communities and jurisdictions to reconcile conflicts.
Public facilities and services. Ensure that those public facilities and services necessary to support development shall be adequate to serve the development at the time the development is available for occupancy and use without decreasing current service levels below locally established minimum standards.
Historic preservation. Identify and encourage the preservation of lands, sites, and structures, that have historical or archaeological significance.
Climate change and resiliency. Ensure that comprehensive plans, development regulations, and regional policies, plans, and strategies under RCW 36.70A.210 and chapter 47.80 RCW adapt to and mitigate the effects of a changing climate; support reductions in greenhouse gas emissions and per capita vehicle miles traveled; prepare for climate impact scenarios; foster resiliency to climate impacts and natural hazards; protect and enhance environmental, economic, and human health and safety; and advance environmental justice.
Shorelines of the state. For shorelines of the state, the goals and policies of the shoreline management act as set forth in RCW 90.58.020 shall be considered an element of the county's or city's comprehensive plan.
Health and food access. Improve the health outcomes of people living in overburdened communities and federally recognized Indian country through access to healthy food, medicine, and health services, including access to traditional foods to which federally recognized Indian tribes have reserved treaty rights to access; and preventing exposure to disparately higher environmental pollutants that are linked to increased disabilities, reduced life span, or adverse health effects.
The comprehensive plan of a county or city that is required or chooses to plan under RCW 36.70A.040 shall consist of a map or maps, and descriptive text covering objectives, principles, and standards used to develop the comprehensive plan. The plan shall be an internally consistent document and all elements shall be consistent with the future land use map. A comprehensive plan shall be adopted and amended with public participation as provided in RCW 36.70A.140. Each comprehensive plan shall include a plan, scheme, or design for each of the following:
A land use element designating the proposed general distribution and general location and extent of the uses of land, where appropriate, for agriculture, timber production, housing, commerce, industry, recreation, open spaces and green spaces, urban and community forests within the urban growth area, general aviation airports, public utilities, public facilities, and other land uses. The land use element shall include population densities, building intensities, and estimates of future population growth. The land use element shall provide for protection of the quality and quantity of groundwater used for public water supplies. The land use element must give special consideration to achieving environmental justice in its goals and policies, including efforts to avoid creating or worsening environmental health disparities. Wherever possible, the land use element should consider utilizing urban planning approaches that promote physical activity and reduce per capita vehicle miles traveled within the jurisdiction, but without increasing greenhouse gas emissions elsewhere in the state. Where applicable, the land use element shall review drainage, flooding, and stormwater runoff in the area and nearby jurisdictions and provide guidance for corrective actions to mitigate or cleanse those discharges that pollute waters of the state, including Puget Sound or waters entering Puget Sound. The land use element must reduce and mitigate the risk to lives and property posed by wildfires by using land use planning tools, which may include, but are not limited to, adoption of portions or all of the wildland urban interface code developed by the international code council or developing building and maintenance standards consistent with the firewise USA program or similar program designed to reduce wildfire risk, reducing wildfire risks to residential development in high risk areas and the wildland urban interface area, separating human development from wildfire prone landscapes, and protecting existing residential development and infrastructure through community wildfire preparedness and fire adaptation measures.
A housing element ensuring the vitality and character of established residential neighborhoods that:
Includes an inventory and analysis of existing and projected housing needs that identifies the number of housing units necessary to manage projected growth, as provided by the department of commerce, including:
Units for moderate, low, very low, and extremely low-income households; and
Emergency housing, emergency shelters, and permanent supportive housing;
Includes a statement of goals, policies, objectives, and mandatory provisions for the preservation, improvement, and development of housing, including single-family residences, and within an urban growth area boundary, moderate density housing options including, but not limited to, duplexes, triplexes, and townhomes;
Identifies sufficient capacity of land for housing including, but not limited to, government-assisted housing, housing for moderate, low, very low, and extremely low-income households, manufactured housing, multifamily housing, group homes, foster care facilities, emergency housing, emergency shelters, permanent supportive housing, and within an urban growth area boundary, consideration of duplexes, triplexes, and townhomes;
Makes adequate provisions for existing and projected needs of all economic segments of the community, including:
Incorporating consideration for low, very low, extremely low, and moderate-income households;
Documenting programs and actions needed to achieve housing availability including gaps in local funding, barriers such as development regulations, and other limitations;
Consideration of housing locations in relation to employment location; and
Consideration of the role of accessory dwelling units in meeting housing needs;
Identifies local policies and regulations that result in racially disparate impacts, displacement, and exclusion in housing, including:
Zoning that may have a discriminatory effect;
Disinvestment; and
Infrastructure availability;
Identifies and implements policies and regulations to address and begin to undo racially disparate impacts, displacement, and exclusion in housing caused by local policies, plans, and actions;
Identifies areas that may be at higher risk of displacement from market forces that occur with changes to zoning development regulations and capital investments; and
Establishes antidisplacement policies, with consideration given to the preservation of historical and cultural communities as well as investments in low, very low, extremely low, and moderate-income housing; equitable development initiatives; inclusionary zoning; community planning requirements; tenant protections; land disposition policies; and consideration of land that may be used for affordable housing.
In counties and cities subject to the review and evaluation requirements of RCW 36.70A.215, any revision to the housing element shall include consideration of prior review and evaluation reports and any reasonable measures identified. The housing element should link jurisdictional goals with overall county goals to ensure that the housing element goals are met.
The adoption of ordinances, development regulations and amendments to such regulations, and other nonproject actions taken by a city that is required or chooses to plan under RCW 36.70A.040 that increase housing capacity, increase housing affordability, and mitigate displacement as required under this subsection (2) and that apply outside of critical areas are not subject to administrative or judicial appeal under chapter 43.21C RCW unless the adoption of such ordinances, development regulations and amendments to such regulations, or other nonproject actions has a probable significant adverse impact on fish habitat.
The county or city shall identify all public entities that own capital facilities and endeavor in good faith to work with other public entities, such as special purpose districts, to gather and include within its capital facilities element the information required by this subsection. If, after a good faith effort, the county or city is unable to gather the information required by this subsection from the other public entities, the failure to include such information in its capital facilities element cannot be grounds for a finding of noncompliance or invalidity under chapter 228, Laws of 2023. A good faith effort must, at a minimum, include consulting the public entity's capital facility or system plans and emailing and calling the staff of the public entity.
[Empty]
A utilities element consisting of the general location, proposed location, and capacity of all existing and proposed utilities including, but not limited to, electrical, telecommunications, and natural gas systems.
The county or city shall identify all public entities that own utility systems and endeavor in good faith to work with other public entities, such as special purpose districts, to gather and include within its utilities element the information required in (a) of this subsection. However, if, after a good faith effort, the county or city is unable to gather the information required in (a) of this subsection from the other public entities, the failure to include such information in the utilities element shall not be grounds for a finding of noncompliance or invalidity under chapter 228, Laws of 2023. A good faith effort must, at a minimum, include consulting the public entity's capital facility or system plans, and emailing and calling the staff of the public entity.
Rural element. Counties shall include a rural element including lands that are not designated for urban growth, agriculture, forest, or mineral resources. The following provisions shall apply to the rural element:
Growth management act goals and local circumstances. Because circumstances vary from county to county, in establishing patterns of rural densities and uses, a county may consider local circumstances, but shall develop a written record explaining how the rural element harmonizes the planning goals in RCW 36.70A.020 and meets the requirements of this chapter.
Rural development. The rural element shall permit rural development, forestry, and agriculture in rural areas. The rural element shall provide for a variety of rural densities, uses, essential public facilities, and rural governmental services needed to serve the permitted densities and uses. To achieve a variety of rural densities and uses, counties may provide for clustering, density transfer, design guidelines, conservation easements, and other innovative techniques that will accommodate appropriate rural economic advancement, densities, and uses that are not characterized by urban growth and that are consistent with rural character.
Measures governing rural development. The rural element shall include measures that apply to rural development and protect the rural character of the area, as established by the county, by:
Containing or otherwise controlling rural development;
Assuring visual compatibility of rural development with the surrounding rural area;
Reducing the inappropriate conversion of undeveloped land into sprawling, low-density development in the rural area;
Protecting critical areas, as provided in RCW 36.70A.060, and surface water and groundwater resources; and
Protecting against conflicts with the use of agricultural, forest, and mineral resource lands designated under RCW 36.70A.170.
Limited areas of more intensive rural development. Subject to the requirements of this subsection and except as otherwise specifically provided in this subsection (5)(d), the rural element may allow for limited areas of more intensive rural development, including necessary public facilities and public services to serve the limited area as follows:
(A) A commercial, industrial, residential, shoreline, or mixed-use area are subject to the requirements of (d)(iv) of this subsection, but are not subject to the requirements of (c)(ii) and (iii) of this subsection.
(B) Any development or redevelopment other than an industrial area or an industrial use within a mixed-use area or an industrial area under this subsection (5)(d)(i) must be principally designed to serve the existing and projected rural population.
(C) Any development or redevelopment in terms of building size, scale, use, or intensity may be permitted subject to confirmation from all existing providers of public facilities and public services of sufficient capacity of existing public facilities and public services to serve any new or additional demand from the new development or redevelopment. Development and redevelopment may include changes in use from vacant land or a previously existing use so long as the new use conforms to the requirements of this subsection (5) and is consistent with the local character. Any commercial development or redevelopment within a mixed-use area must be principally designed to serve the existing and projected rural population and must meet the following requirements:
(I) Any included retail or food service space must not exceed the footprint of previously occupied space or 5,000 square feet, whichever is greater, for the same or similar use, unless the retail space is for an essential rural retail service and the designated limited area is located at least 10 miles from an existing urban growth area, then the retail space must not exceed the footprint of the previously occupied space or 10,000 square feet, whichever is greater; and
(II) Any included retail or food service space must not exceed 2,500 square feet for a new use, unless the new retail space is for an essential rural retail service and the designated limited area is located at least 10 miles from an existing urban growth area, then the new retail space must not exceed 10,000 square feet;
For the purposes of this subsection (5)(d), "essential rural retail services" means services including grocery, pharmacy, hardware, automotive parts, and similar uses that sell or provide products necessary for health and safety, such as food, medication, sanitation supplies, and products to maintain habitability and mobility;
ii. The intensification of development on lots containing, or new development of, small-scale recreational or tourist uses, including commercial facilities to serve those recreational or tourist uses, that rely on a rural location and setting, but that do not include new residential development. A small-scale recreation or tourist use is not required to be principally designed to serve the existing and projected rural population. Public services and public facilities shall be limited to those necessary to serve the recreation or tourist use and shall be provided in a manner that does not permit low-density sprawl;
iii. The intensification of development on lots containing isolated nonresidential uses or new development of isolated cottage industries and isolated small-scale businesses that are not principally designed to serve the existing and projected rural population and nonresidential uses, but do provide job opportunities for rural residents. Rural counties may allow the expansion of small-scale businesses as long as those small-scale businesses conform with the rural character of the area as defined by the local government according to RCW 36.70A.030(38). Rural counties may also allow new small-scale businesses to utilize a site previously occupied by an existing business as long as the new small-scale business conforms to the rural character of the area as defined by the local government according to RCW 36.70A.030(38). Public services and public facilities shall be limited to those necessary to serve the isolated nonresidential use and shall be provided in a manner that does not permit low-density sprawl;
iv. A county shall adopt measures to minimize and contain the existing areas of more intensive rural development, as appropriate, authorized under this subsection. Lands included in such existing areas shall not extend beyond the logical outer boundary of the existing area, thereby allowing a new pattern of low-density sprawl. Existing areas are those that are clearly identifiable and contained and where there is a logical boundary delineated predominately by the built environment, but that may also include undeveloped lands if limited as provided in this subsection. The county shall establish the logical outer boundary of an area of more intensive rural development. In establishing the logical outer boundary, the county shall address (A) the need to preserve the character of existing natural neighborhoods and communities, (B) physical boundaries, such as bodies of water, streets and highways, and land forms and contours, (C) the prevention of abnormally irregular boundaries, and (D) the ability to provide public facilities and public services in a manner that does not permit low-density sprawl;
v. For purposes of this subsection (5)(d), an existing area or existing use is one that was in existence:
(A) On July 1, 1990, in a county that was initially required to plan under all of the provisions of this chapter;
(B) On the date the county adopted a resolution under RCW 36.70A.040(2), in a county that is planning under all of the provisions of this chapter under RCW 36.70A.040(2); or
(C) On the date the office of financial management certifies the county's population as provided in RCW 36.70A.040(5), in a county that is planning under all of the provisions of this chapter pursuant to RCW 36.70A.040(5).
e. Exception. This subsection shall not be interpreted to permit in the rural area a major industrial development or a master planned resort unless otherwise specifically permitted under RCW 36.70A.360 and 36.70A.365.
A transportation element that implements, and is consistent with, the land use element.
The transportation element shall include the following subelements:
Land use assumptions used in estimating travel;
Estimated multimodal level of service impacts to state-owned transportation facilities resulting from land use assumptions to assist in monitoring the performance of state facilities, to plan improvements for the facilities, and to assess the impact of land-use decisions on state-owned transportation facilities;
Facilities and services needs, including:
(A) An inventory of air, water, and ground transportation facilities and services, including transit alignments, active transportation facilities, and general aviation airport facilities, to define existing capital facilities and travel levels to inform future planning. This inventory must include state-owned transportation facilities within the city or county's jurisdictional boundaries;
(B) Multimodal level of service standards for all locally owned arterials, locally and regionally operated transit routes that serve urban growth areas, state-owned or operated transit routes that serve urban areas if the department of transportation has prepared such standards, and active transportation facilities to serve as a gauge to judge performance of the system and success in helping to achieve the goals of this chapter consistent with environmental justice. These standards should be regionally coordinated;
(C) For state-owned transportation facilities, multimodal level of service standards for highways, as prescribed in chapters 47.06 and 47.80 RCW, to gauge the performance of the system. The purposes of reflecting multimodal level of service standards for state highways in the local comprehensive plan are to monitor the performance of the system, to evaluate improvement strategies, and to facilitate coordination between the county's or city's six-year street, road, active transportation, or transit program and the office of financial management's ten-year investment program. The concurrency requirements of (b) of this subsection do not apply to transportation facilities and services of statewide significance except for counties consisting of islands whose only connection to the mainland are state highways or ferry routes. In these island counties, state highways and ferry route capacity must be a factor in meeting the concurrency requirements in (b) of this subsection;
(D) Specific actions and requirements for bringing into compliance transportation facilities or services that are below an established multimodal level of service standard;
(E) Forecasts of multimodal transportation demand and needs within cities and urban growth areas, and forecasts of multimodal transportation demand and needs outside of cities and urban growth areas, for at least ten years based on the adopted land use plan to inform the development of a transportation element that balances transportation system safety and convenience to accommodate all users of the transportation system to safely, reliably, and efficiently provide access and mobility to people and goods. Priority must be given to inclusion of transportation facilities and services providing the greatest multimodal safety benefit to each category of roadway users for the context and speed of the facility;
(F) Identification of state and local system needs to equitably meet current and future demands. Identified needs on state-owned transportation facilities must be consistent with the statewide multimodal transportation plan required under chapter 47.06 RCW. Local system needs should reflect the regional transportation system and local goals, and strive to equitably implement the multimodal network;
(G) A transition plan for transportation as required in Title II of the Americans with disabilities act of 1990 (ADA). As a necessary step to a program access plan to provide accessibility under the ADA, state and local government, public entities, and public agencies are required to perform self-evaluations of their current facilities, relative to accessibility requirements of the ADA. The agencies are then required to develop a program access plan, which can be called a transition plan, to address any deficiencies. The plan is intended to achieve the following:
(I) Identify physical obstacles that limit the accessibility of facilities to individuals with disabilities;
(II) Describe the methods to be used to make the facilities accessible;
(III) Provide a schedule for making the access modifications; and
(IV) Identify the public officials responsible for implementation of the transition plan;
iv. Finance, including:
(A) An analysis of funding capability to judge needs against probable funding resources;
(B) A multiyear financing plan based on the needs identified in the comprehensive plan, the appropriate parts of which shall serve as the basis for the six-year street, road, or transit program required by RCW 35.77.010 for cities, RCW 36.81.121 for counties, and RCW 35.58.2795 for public transportation systems. The multiyear financing plan should be coordinated with the ten-year investment program developed by the office of financial management as required by RCW 47.05.030;
(C) If probable funding falls short of meeting the identified needs of the transportation system, including state transportation facilities, a discussion of how additional funding will be raised, or how land use assumptions will be reassessed to ensure that level of service standards will be met;
v. Intergovernmental coordination efforts, including an assessment of the impacts of the transportation plan and land use assumptions on the transportation systems of adjacent jurisdictions;
vi. Demand-management strategies;
vii. Active transportation component to include collaborative efforts to identify and designate planned improvements for active transportation facilities and corridors that address and encourage enhanced community access and promote healthy lifestyles.
b. After adoption of the comprehensive plan by jurisdictions required to plan or who choose to plan under RCW 36.70A.040, local jurisdictions must adopt and enforce ordinances which prohibit development approval if the development causes the level of service on a locally owned or locally or regionally operated transportation facility to decline below the standards adopted in the transportation element of the comprehensive plan, unless transportation improvements or strategies to accommodate the impacts of development are made concurrent with the development. These strategies may include active transportation facility improvements, increased or enhanced public transportation service, programs, demand management, and other transportation systems management strategies. For the purposes of this subsection (6), "concurrent with the development" means that improvements or strategies are in place at the time of development, or that a financial commitment is in place to complete the improvements or strategies within six years. If the collection of impact fees is delayed under RCW 82.02.050(3), the six-year period required by this subsection (6)(b) must begin after full payment of all impact fees is due to the county or city. A development proposal may not be denied for causing the level of service on a locally owned or locally or regionally operated transportation facility to decline below the standards adopted in the transportation element of the comprehensive plan where such impacts could be adequately mitigated through active transportation facility improvements, increased or enhanced public transportation service, ride-sharing programs, demand management, or other transportation systems management strategies funded by the development.
c. The transportation element described in this subsection (6), the six-year plans required by RCW 35.77.010 for cities, RCW 36.81.121 for counties, and RCW 35.58.2795 for public transportation systems, and the ten-year investment program required by RCW 47.05.030 for the state, must be consistent.
An economic development element establishing local goals, policies, objectives, and provisions for economic growth and vitality and a high quality of life. A city that has chosen to be a residential community is exempt from the economic development element requirement of this subsection.
A park and recreation element that implements, and is consistent with, the capital facilities plan element as it relates to park and recreation facilities. The element shall include: (a) Estimates of park and recreation demand for at least a ten-year period; (b) an evaluation of facilities and service needs; (c) an evaluation of tree canopy coverage within the urban growth area; and (d) an evaluation of intergovernmental coordination opportunities to provide regional approaches for meeting park and recreational demand.
[Empty]
A climate change and resiliency element that is designed to result in reductions in overall greenhouse gas emissions and that must enhance resiliency to and avoid the adverse impacts of climate change, which must include efforts to reduce localized greenhouse gas emissions and avoid creating or worsening localized climate impacts to vulnerable populations and overburdened communities.
The climate change and resiliency element shall include the following subelements:
A greenhouse gas emissions reduction subelement;
A resiliency subelement.
The greenhouse gas emissions reduction subelement of the climate change and resiliency element is mandatory for the jurisdictions specified in RCW 36.70A.095 and is encouraged for all other jurisdictions, including those planning under RCW 36.70A.040 and those planning under chapter 36.70 RCW. The resiliency subelement of the climate change and resiliency element is mandatory for all jurisdictions planning under RCW 36.70A.040 and is encouraged for those jurisdictions planning under chapter 36.70 RCW.
[Empty]
(A) Result in reductions in overall greenhouse gas emissions generated by transportation and land use within the jurisdiction but without increasing greenhouse gas emissions elsewhere in the state;
(B) Result in reductions in per capita vehicle miles traveled within the jurisdiction but without increasing greenhouse gas emissions elsewhere in the state; and
(C) Prioritize reductions that benefit overburdened communities in order to maximize the cobenefits of reduced air pollution and environmental justice.
ii. Actions not specifically identified in the guidelines developed by the department pursuant to RCW 70A.45.120 may be considered consistent with these guidelines only if:
(A) They are projected to achieve greenhouse gas emissions reductions or per capita vehicle miles traveled reductions equivalent to what would be required of the jurisdiction under the guidelines adopted by the department; and
(B) They are supported by scientifically credible projections and scenarios that indicate their adoption is likely to result in reductions of greenhouse gas emissions or per capita vehicle miles traveled.
iii. A jurisdiction may not restrict population growth or limit population allocation in order to achieve the requirements set forth in this subsection (9)(d).
e. [Empty]
i. The resiliency subelement must equitably enhance resiliency to, and avoid or substantially reduce the adverse impacts of, climate change in human communities and ecological systems through goals, policies, and programs consistent with the best available science and scientifically credible climate projections and impact scenarios that moderate or avoid harm, enhance the resiliency of natural and human systems, and enhance beneficial opportunities. The resiliency subelement must prioritize actions that benefit overburdened communities that will disproportionately suffer from compounding environmental impacts and will be most impacted by natural hazards due to climate change. Specific goals, policies, and programs of the resiliency subelement must include, but are not limited to, those designed to:
(A) Identify, protect, and enhance natural areas to foster resiliency to climate impacts, as well as areas of vital habitat for safe passage and species migration;
(B) Identify, protect, and enhance community resiliency to climate change impacts, including social, economic, and built environment factors, that support adaptation to climate impacts consistent with environmental justice; and
(C) Address natural hazards created or aggravated by climate change, including sea level rise, landslides, flooding, drought, heat, smoke, wildfire, and other effects of changes to temperature and precipitation patterns.
ii. A natural hazard mitigation plan or similar plan that is guided by RCW 36.70A.020(14), that prioritizes actions that benefit overburdened communities, and that complies with the applicable requirements of this chapter, including the requirements set forth in this subsection (9)(e), may be adopted by reference to satisfy these requirements, except that to the extent any of the substantive requirements of this subsection (9)(e) are not addressed, or are inadequately addressed, in the referenced natural hazard mitigation plan, a county or city must supplement the natural hazard mitigation plan accordingly so that the adopted resiliency subelement complies fully with the substantive requirements of this subsection (9)(e).
(A) If a county or city intends to adopt by reference a federal emergency management agency natural hazard mitigation plan in order to meet all or part of the substantive requirements set forth in this subsection (9)(e), and the most recently adopted federal emergency management agency natural hazard mitigation plan does not comply with the requirements of this subsection (9)(e), the department may grant the county or city an extension of time in which to submit a natural hazard mitigation plan.
(B) Eligibility for an extension under this subsection prior to July 1, 2027, is limited to a city or county required to review and, if needed, revise its comprehensive plan on or before June 30, 2025, as provided in RCW 36.70A.130, or for a city or county with an existing, unexpired federal emergency management agency natural hazard mitigation plan scheduled to expire before December 31, 2024.
(C) Extension requests after July 1, 2027, may be granted if requirements for the resiliency subelement are amended or added by the legislature or if the department finds other circumstances that may result in a potential finding of noncompliance with a jurisdiction's existing and approved federal emergency management agency natural hazard mitigation plan.
(D) A city or county that wishes to request an extension of time must submit a request in writing to the department no later than the date on which the city or county is required to review and, if needed, revise its comprehensive plan as provided in RCW 36.70A.130.
(E) Upon the submission of such a request to the department, the city or county may have an additional 48 months from the date provided in RCW 36.70A.130 in which to either adopt by reference an updated federal emergency management agency natural hazard mitigation plan or adopt its own natural hazard mitigation plan, and to then submit that plan to the department.
(F) The adoption of ordinances, amendments to comprehensive plans, amendments to development regulations, and other nonproject actions taken by a county or city pursuant to (d) of this subsection in order to implement measures specified by the department pursuant to RCW 70A.45.120 are not subject to administrative or judicial appeal under chapter 43.21C RCW.
A healthy communities element that includes policies to improve health outcomes for residents of overburdened communities pursuant to chapter 70A.02 RCW and members of federally recognized Indian tribes living or residing temporarily within designated reservations or Indian country. The healthy communities element must designate communities that are determined to be overburdened communities pursuant to chapter 70A.02 RCW as such in the comprehensive plan. Policies must also include:
Policies to provide health products and services;
Plans to reduce environmental exposures;
Ways to improve social determinants of health that contribute to disparately greater adverse health outcomes for residents in overburdened communities and designated reservations and Indian country in comparison to other residents of the jurisdiction and region; and
Policies which respond to health-related effects from climate change, which may incorporate goals from RCW 36.70A.020(14).
It is the intent that new or amended elements required after January 1, 2002, be adopted concurrent with the scheduled update provided in RCW 36.70A.130. Requirements to incorporate any such new or amended elements shall be null and void until funds sufficient to cover applicable local government costs are appropriated and distributed by the state at least two years before local government must update comprehensive plans as required in RCW 36.70A.130.
Each jurisdiction that plans under the growth management act pursuant to RCW 36.70A.040 shall include a healthy communities element in its comprehensive plan.
A city or county may impose an excise tax on the owner of a property zoned for, and which previously housed, a supermarket, full service grocery store, or pharmacy whose presence was a significant factor in the city or county authorizing increased housing density, affordable housing, housing for seniors or persons with disabilities, or investment in transit, transportation, or infrastructure plans under the growth management act.
In adopting an excise tax, a city or county shall include in its ordinance other purposes that a property may serve to reduce or eliminate the excise tax, and the extent and time period for which the city or county will reduce the tax. Such purposes may include the use of the property or buildings, or any portion of the property or buildings, for temporary housing or shelter, low-barrier small business development, community and nonprofit organizational uses, local government services, and supervised recreational programs.
The excise tax imposed pursuant to subsection (1) of this section may be an amount up to $500,000 per acre, or portion of an acre, for each year in which the property does not house a supermarket, full service grocery store, or pharmacy and must be collected quarterly.
An excise tax pursuant to subsection (1) of this section may not be imposed on a property owner if the owner has applied for a permit to redevelop the property to include a supermarket, full-service grocery store, pharmacy, or other alternative use approved by the city pursuant to subsection (2) of this section that serves the goals of the comprehensive plan, including health care access, child care, or public school uses.
Revenue from the excise tax authorized by this section may be used for the following purposes:
Funding public safety-related programs;
Increasing access to healthy foods, medicine and health products, or open space and recreation;
Supporting community planning and engagement in the community where the property is located;
Meeting community needs for community centers, resource centers, food banks, and other services in the community in which the property is located; and
Establishing and supporting employee or local government-operated stores providing access to healthy foods, pharmaceutical, health, or household products in an underserved or overburdened community.
A city may require a plan to prevent vacant property zoned for and that previously housed a supermarket, full service grocery store, or pharmacy from becoming a public nuisance and may also impose a nuisance fee in an amount up to $250,000 per acre, or portion of an acre, for:
Increased policing and fire protection;
Preventing unauthorized access to the property without adversely affecting nearby businesses and residents through fencing and boarding up buildings;
Prevention and removal of graffiti;
Preventing the appearance of blight;
Mitigating the reduction of customer practices; and
Other related purposes.
A city may waive or proportionately reduce the nuisance fee if the property owner allows the property to be utilized for temporary business, local government, transitional housing for persons exiting homelessness, temporary residences with basic sanitation and health services, community gardens, educational activities, or community celebration purposes.
A city imposing a vacancy-related nuisance fee shall notify the property owner of the intent to impose such a fee and take public comment on the fee at least 90 days prior to the date of closure or service interruption provided to the city or county pursuant to section 1 of this act. If a property owner fails to provide the required notice of closure or service interruption, the city may impose the fee without prior notice to the owner.
A code city may require a plan to prevent vacant property zoned for and that previously housed a supermarket, full service grocery store, or pharmacy from becoming a public nuisance and may also impose a nuisance fee in an amount up to $250,000 per acre, or portion of an acre, for:
Increased policing and fire protection;
Preventing unauthorized access to the property without adversely affecting nearby businesses and residents through fencing and boarding up buildings;
Prevention and removal of graffiti;
Preventing the appearance of blight;
Mitigating the reduction of customer practices; and
Other related purposes.
A code city may waive or proportionately reduce the nuisance fee if the property owner allows the property to be utilized for temporary business, local government, transitional housing for persons exiting homelessness, temporary residences with basic sanitation and health services, community gardens, educational activities, or community celebration purposes.
A code city imposing a vacancy-related nuisance fee shall notify the property owner of the intent to impose such a fee and take public comment on the fee at least 90 days prior to the date of closure or service interruption provided to the city or county pursuant to section 1 of this act. If a property owner fails to provide the required notice of closure or service interruption, the code city may impose the fee without prior notice to the owner.
A county may require a plan to prevent vacant property zoned for and that previously housed a supermarket, full service grocery store, or pharmacy from becoming a public nuisance and may also impose a nuisance fee in an amount up to $250,000 per acre, or portion of an acre, for:
Increased policing and fire protection;
Preventing unauthorized access to the property without adversely affecting nearby businesses and residents through fencing and boarding up buildings;
Prevention and removal of graffiti;
Preventing the appearance of blight;
Mitigating the reduction of customer practices; and
Other related purposes.
A county may waive or proportionately reduce the nuisance fee if the property owner allows the property to be utilized for temporary business, local government, transitional housing for persons exiting homelessness, temporary residences with basic sanitation and health services, community gardens, educational activities, or community celebration purposes.
A county imposing a vacancy-related nuisance fee shall notify the property owner of the intent to impose such a fee and take public comment on the fee at least 90 days prior to the date of closure or service interruption provided to the city or county pursuant to section 1 of this act. If a property owner fails to provide the required notice of closure or service interruption, the county may impose the fee without prior notice to the owner.