Schools outside UGAs

AN ACT Relating to allowing school districts more flexibility 1
when siting schools outside of an urban growth area; and amending RCW 2
36.70A.211 and 36.70A.213. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 36.70A.211 and 2017 c 129 s 2 are each amended to 5
read as follows: 6
(1) No countywide planning policy or multicounty planning policy 7
may prohibit the siting in a rural area of a school that serves 8
students from an urban area if the site of the new school is 9
contiguous to an existing school within the school district.10
(2) A county may authorize the siting in a rural area of a school 11
that serves students from an urban area, even where otherwise 12
prohibited by a multicounty planning policy, under the following 13
circumstances: 14
(a) ((The county has a population of more than eight hundred 15
forty thousand but fewer than one million five hundred thousand and 16
abuts at least six other counties;17
(b))) The county must have adopted in its comprehensive plan a 18
policy concerning the siting of schools in rural areas;19
H-2865.2
HOUSE BILL 2459
State of Washington 69th Legislature 2026 Regular Session
By Representatives Callan, Hall, and Zahn
Read first time 01/14/26. Referred to Committee on Local Government.
p. 1 HB 2459
(((c))) (b) Any impacts associated with the siting of such a 1
school are mitigated as required by the state environmental policy 2
act, chapter 43.21C RCW; and 3
(((d))) (c) The county must be a participant in a multicounty 4
planning policy as described in RCW 36.70A.210. 5
(((2))) (3) A multicounty planning policy in which any county 6
referenced in subsection (((1))) (2) of this section is a participant 7
must be amended, at its next regularly scheduled update, to include a 8
policy that addresses the siting of schools in rural areas of all 9
counties subject to the multicounty planning policy.10
(((3))) (4) A school sited under this section may not ((collect 11
or impose )) be included in the calculation of the impact fees 12
described in RCW 82.02.050. 13
(((4))) (5) This section expires June 30, 2031.14
Sec. 2. RCW 36.70A.213 and 2017 3rd sp.s. c 32 s 1 are each 15
amended to read as follows: 16
(1) This chapter does not prohibit a county planning under RCW 17
36.70A.040 from authorizing the extension of public facilities and 18
utilities to serve a school sited in a rural area that serves 19
students from a rural area and an urban area , even where otherwise 20
prohibited by a multicounty planning policy, so long as the following 21
requirements are met: 22
(a) The applicable school district board of directors has adopted 23
a policy addressing school service area and facility needs and 24
educational program requirements; 25
(b) The applicable school district has made a finding, with the 26
concurrence of the county legislative authority and the legislative 27
authorities of any affected cities, that the district's proposed site 28
is suitable to site the school and any associated recreational 29
facilities that the district has determined cannot reasonably be 30
collocated on an existing school site, taking into consideration the 31
policy adopted in (a) of this subsection and the extent to which 32
vacant or developable land within the growth area meets those 33
requirements. If the school district's proposed site is contiguous to 34
the site of an existing school within the school district, the school 35
district's finding is conclusive; 36
(c) The county and any affected cities agree to the extension of 37
public facilities and utilities to serve the school sited in a rural 38
area that serves urban and rural students at the time of concurrence 39
p. 2 HB 2459
in (b) of this subsection . If the school district's proposed site is 1
contiguous to the site of an existing school within the school 2
district, the county or cities may not refuse to extend public 3
facilities and utilities to the new site; 4
(d) If the public facility or utility is extended beyond the 5
urban growth area to serve a school, the public facility or utility 6
must serve only the school and the costs of such extension must be 7
borne by the applicable school district based on a reasonable nexus 8
to the impacts of the school, except as provided in subsection (3) of 9
this section; and 10
(e) Any impacts associated with the siting of the school are 11
mitigated as required by the state environmental policy act, chapter 12
43.21C RCW. 13
(2) This chapter does not prohibit ((either)) the expansion or 14
modernization of an existing school in the rural area ((or)), the 15
placement of portable classrooms at an existing school in the rural 16
area, or the siting of a new school that will serve students from an 17
urban area on school district property in the rural area when the new 18
school will be contiguous with an existing school within the school 19
district in the rural area. 20
(3) Where a public facility or utility has been extended beyond 21
the urban growth area to serve a school, the public facility or 22
utility may, where consistent with RCW 36.70A.110(4), serve a 23
property or properties in addition to the school if the property 24
owner so requests, provided that the county and any affected cities 25
agree with the request and provided that the property is located no 26
further from the public facility or utility than the distance that, 27
if the property were within the urban growth area, the property would 28
be required to connect to the public facility or utility. In such an 29
instance, the school district may, for a period not to exceed 30
((twenty)) 20 years, require reimbursement from a requesting property 31
owner for a proportional share of the construction costs incurred by 32
the school district for the extension of the public facility or 33
utility. 34
(((4) By December 1, 2023, the department shall report to the 35
governor and the appropriate committees of the legislature about 36
schools outside of urban growth areas that have been built, are under 37
construction, or are planned as a result of the requirements of 38
chapter 32, Laws of 2017 3rd sp. sess. The report shall include the 39
number, location, and characteristics of the schools; the number of 40
p. 3 HB 2459
urban and rural students served; and a cost analysis of schools built 1
outside of urban growth boundaries.))2
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p. 4 HB 2459