Grocery stores & pharmacies

AN ACT Relating to community access to food, medicine, and health 1
services; amending RCW 36.70A.020 and 36.70A.070; adding new sections 2
to chapter 36.70A RCW; adding a new section to chapter 70A.02 RCW; 3
adding a new section to chapter 35.21 RCW; adding a new section to 4
chapter 35A.21 RCW; adding a new section to chapter 36.01 RCW; adding 5
a new chapter to Title 82 RCW; and creating a new section.6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:7
NEW SECTION. Sec. 1. Access to a wide range of healthy foods, 8
basic health products, and prescription drugs at reasonable prices 9
within communities is essential for public health and is a goal of 10
the growth management act. It is the intent of the legislature to 11
protect public health, promote good health in all communities, and 12
reduce disparities in adverse health outcomes for the residents of 13
overburdened communities and members of federally recognized tribes 14
designated by the state pursuant to the healthy environment for all 15
act.16
The legislature finds that the rapid closure of supermarkets, 17
full service grocery stores, and pharmacies without notice to local 18
governments creates "food deserts" due to lack of access to a full 19
range of groceries, including fresh produce, health products, and 20
household essentials at reasonable prices for residents in areas 21
H-2946.1
HOUSE BILL 2573
State of Washington 69th Legislature 2026 Regular Session
By Representatives Pollet, Fosse, Lekanoff, Mena, Santos, Reeves,
Parshley, Farivar, Gregerson, Berry, Cortes, Stearns, Nance, and
Goodman
Read first time 01/19/26. Referred to Committee on Local Government.
p. 1 HB 2573
where cities have planned increased density, particularly for 1
vulnerable populations, based on access to supermarkets, full service 2
grocery stores, and pharmacies. 3
The legislature finds that local governments often properly 4
consider current or proposed supermarkets, full service grocery 5
stores, and pharmacies as essential to serve residents in areas 6
designated under this act for increased housing densities, provision 7
of affordable housing and housing dedicated to seniors and persons 8
with disabilities, mixed commercial and residential development, and 9
to anchor planning for transit and infrastructure under this act. The 10
legislature encourages local governments to include policies that 11
ensure that there is adequate access to these services in 12
comprehensive plans for areas with increasing densities. Where cities 13
and counties planning under this act have considered in their 14
planning documents the presence of such supermarkets, full service 15
grocery stores, and pharmacies, the legislature intends to ensure 16
that the cities, counties, and members of the public have notice of 17
closures or sales which may reduce or interrupt services, and to 18
provide local governments with tools that enable action to ensure 19
continued access and prevent creation of food and pharmacy deserts. 20
Amongst those tools are a nuisance fee and an excise tax that may be 21
levied on properties on which the jurisdiction placed substantial 22
weight in planning for access to food, household items, and health 23
services to support increased housing density while those properties 24
or structures are vacant. 25
NEW SECTION. Sec. 2. A new section is added to chapter 36.70A 26
RCW to read as follows: 27
(1) A supermarket, full service grocery store, or pharmacy that 28
was relied upon by a planning jurisdiction to designate an area for 29
affordable or senior housing, housing for disabled persons, health 30
services, increased density and transit, or infrastructure 31
investments must provide at least six months' notice of reduced 32
service, closure, or proposed closure or sale. 33
(2) A supermarket, full service grocery store, or pharmacy 34
located in an overburdened community pursuant to chapter 70A.02 RCW 35
must provide at least one year's notice of closure, proposed closure 36
or sale, or significant change in operation that may interrupt access 37
to groceries or prescriptions or significantly affect the employment 38
of residents of the overburdened community. 39
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(3) Notice must be provided to: 1
(a) The city where the supermarket, full service grocery store, 2
or pharmacy is located; 3
(b) Any other cities or unincorporated areas of a county that 4
comprises the affected overburdened community; and 5
(c) The department. 6
(4) Cities and counties shall include the required notice of 7
closure, sale, or significant change in operations in land use 8
permits and shall post or otherwise share the notice to the public, 9
including in primary languages spoken by five percent of the affected 10
overburdened community's residents. 11
(5) A city or county entitled to notice of closure, sale, or 12
significant change in operations of a supermarket, full service 13
grocery store, or pharmacy pursuant to subsections (1) and (2) of 14
this section, or the Washington state office of the attorney general, 15
may file an action in superior court to enjoin a closure, sale, or 16
significant change in operation which violates the notice 17
requirements in subsections (1) and (2) of this section.18
(6) A city or county shall provide notice to supermarkets, full 19
service grocery stores, and pharmacies within their jurisdictions 20
that are subject to the requirements in subsections (1) and (2) of 21
this section through the supermarket's, full service grocery store's, 22
or pharmacy's registered agent or persons owning the supermarket, 23
full service grocery store, or pharmacy within 30 days of the 24
adoption of the relevant comprehensive plan update, including all 25
appendices to the comprehensive plan. 26
NEW SECTION. Sec. 3. A new section is added to chapter 36.70A 27
RCW to read as follows: 28
(1) Through the use of zoning and comprehensive plan updates, a 29
city or county may use planning and zoning tools to improve the 30
likelihood that a property that previously held a supermarket, full 31
service grocery store, or pharmacy, which was considered in prior 32
plans for the area where the property is located, will be returned to 33
use for those purposes as provided in this section.34
(2) Cities and counties may designate commercial or mixed-use 35
properties to be zoned to require one or more ongoing uses as a 36
supermarket, full service grocery store, or pharmacy, or to include 37
another use that promotes public health in a community designated as 38
an overburdened community pursuant to chapter 70A.02 RCW.39
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(3) In its next update of the comprehensive plan, a city or 1
county may include designation of properties in areas of mixed 2
commercial and residential use within one-half mile of major transit, 3
or that otherwise are identified in the comprehensive plan as 4
supporting multifamily housing, for uses to include a supermarket, 5
full service grocery store, pharmacy, or other essential services. In 6
areas where an existing commercial entity is serving this purpose, 7
the city or county may adopt an update to zone the property to 8
include continuing use of the property for a range of such essential 9
community services rather than a general commercial use. A city or 10
county may increase the floor area ratio or density limits applicable 11
to such a property if development will include an enforceable 12
covenant and permit requirements for a supermarket, full service 13
grocery store, pharmacy, or another use that promotes public health 14
or other essential services for a period of at least 25 years.15
Sec. 4. RCW 36.70A.020 and 2023 c 228 s 1 are each amended to 16
read as follows: 17
The following goals are adopted to guide the development and 18
adoption of comprehensive plans and development regulations of those 19
counties and cities that are required or choose to plan under RCW 20
36.70A.040 and, where specified, also guide the development of 21
regional policies, plans, and strategies adopted under RCW 36.70A.210 22
and chapter 47.80 RCW. The following goals are not listed in order of 23
priority and shall be used exclusively for the purpose of guiding the 24
development of comprehensive plans, development regulations, and, 25
where specified, regional plans, policies, and strategies:26
(1) Urban growth. Encourage development in urban areas where 27
adequate public facilities and services exist or can be provided in 28
an efficient manner. 29
(2) Reduce sprawl. Reduce the inappropriate conversion of 30
undeveloped land into sprawling, low-density development.31
(3) Transportation. Encourage efficient multimodal transportation 32
systems that will reduce greenhouse gas emissions and per capita 33
vehicle miles traveled, and are based on regional priorities and 34
coordinated with county and city comprehensive plans.35
(4) Housing. Plan for and accommodate housing affordable to all 36
economic segments of the population of this state, promote a variety 37
of residential densities and housing types, and encourage 38
preservation of existing housing stock. 39
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(5) Economic development. Encourage economic development 1
throughout the state that is consistent with adopted comprehensive 2
plans, promote economic opportunity for all citizens of this state, 3
especially for unemployed and for disadvantaged persons, promote the 4
retention and expansion of existing businesses and recruitment of new 5
businesses, recognize regional differences impacting economic 6
development opportunities, and encourage growth in areas experiencing 7
insufficient economic growth, all within the capacities of the 8
state's natural resources, public services, and public facilities.9
(6) Property rights. Private property shall not be taken for 10
public use without just compensation having been made. The property 11
rights of landowners shall be protected from arbitrary and 12
discriminatory actions. 13
(7) Permits. Applications for both state and local government 14
permits should be processed in a timely and fair manner to ensure 15
predictability. 16
(8) Natural resource industries. Maintain and enhance natural 17
resource-based industries, including productive timber, agricultural, 18
and fisheries industries. Encourage the conservation of productive 19
forestlands and productive agricultural lands, and discourage 20
incompatible uses. 21
(9) Open space and recreation. Retain open space and green space, 22
enhance recreational opportunities, enhance fish and wildlife 23
habitat, increase access to natural resource lands and water, and 24
develop parks and recreation facilities. 25
(10) Environment. Protect and enhance the environment and enhance 26
the state's high quality of life, including air and water quality, 27
and the availability of water. 28
(11) Citizen participation and coordination. Encourage the 29
involvement of citizens in the planning process, including the 30
participation of vulnerable populations and overburdened communities, 31
and ensure coordination between communities and jurisdictions to 32
reconcile conflicts. 33
(12) Public facilities and services. Ensure that those public 34
facilities and services necessary to support development shall be 35
adequate to serve the development at the time the development is 36
available for occupancy and use without decreasing current service 37
levels below locally established minimum standards.38
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(13) Historic preservation. Identify and encourage the 1
preservation of lands, sites, and structures, that have historical or 2
archaeological significance. 3
(14) Climate change and resiliency. Ensure that comprehensive 4
plans, development regulations, and regional policies, plans, and 5
strategies under RCW 36.70A.210 and chapter 47.80 RCW adapt to and 6
mitigate the effects of a changing climate; support reductions in 7
greenhouse gas emissions and per capita vehicle miles traveled; 8
prepare for climate impact scenarios; foster resiliency to climate 9
impacts and natural hazards; protect and enhance environmental, 10
economic, and human health and safety; and advance environmental 11
justice. 12
(15) Shorelines of the state. For shorelines of the state, the 13
goals and policies of the shoreline management act as set forth in 14
RCW 90.58.020 shall be considered an element of the county's or 15
city's comprehensive plan. 16
(16) Health and food access. Improve the health outcomes of 17
people living in overburdened communities and federally recognized 18
Indian country through access to healthy food, medicine, and health 19
services, including access to traditional foods to which federally 20
recognized Indian tribes have reserved treaty rights to access; and 21
preventing exposure to disparately higher environmental pollutants 22
that are linked to increased disabilities, reduced life span, or 23
adverse health effects.24
Sec. 5. RCW 36.70A.070 and 2024 c 135 s 1 are each amended to 25
read as follows: 26
The comprehensive plan of a county or city that is required or 27
chooses to plan under RCW 36.70A.040 shall consist of a map or maps, 28
and descriptive text covering objectives, principles, and standards 29
used to develop the comprehensive plan. The plan shall be an 30
internally consistent document and all elements shall be consistent 31
with the future land use map. A comprehensive plan shall be adopted 32
and amended with public participation as provided in RCW 36.70A.140. 33
Each comprehensive plan shall include a plan, scheme, or design for 34
each of the following: 35
(1) A land use element designating the proposed general 36
distribution and general location and extent of the uses of land, 37
where appropriate, for agriculture, timber production, housing, 38
commerce, industry, recreation, open spaces and green spaces, urban 39
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and community forests within the urban growth area, general aviation 1
airports, public utilities, public facilities, and other land uses. 2
The land use element shall include population densities, building 3
intensities, and estimates of future population growth. The land use 4
element shall provide for protection of the quality and quantity of 5
groundwater used for public water supplies. The land use element must 6
give special consideration to achieving environmental justice in its 7
goals and policies, including efforts to avoid creating or worsening 8
environmental health disparities. Wherever possible, the land use 9
element should consider utilizing urban planning approaches that 10
promote physical activity and reduce per capita vehicle miles 11
traveled within the jurisdiction, but without increasing greenhouse 12
gas emissions elsewhere in the state. Where applicable, the land use 13
element shall review drainage, flooding, and stormwater runoff in the 14
area and nearby jurisdictions and provide guidance for corrective 15
actions to mitigate or cleanse those discharges that pollute waters 16
of the state, including Puget Sound or waters entering Puget Sound. 17
The land use element must reduce and mitigate the risk to lives and 18
property posed by wildfires by using land use planning tools, which 19
may include, but are not limited to, adoption of portions or all of 20
the wildland urban interface code developed by the international code 21
council or developing building and maintenance standards consistent 22
with the firewise USA program or similar program designed to reduce 23
wildfire risk, reducing wildfire risks to residential development in 24
high risk areas and the wildland urban interface area, separating 25
human development from wildfire prone landscapes, and protecting 26
existing residential development and infrastructure through community 27
wildfire preparedness and fire adaptation measures.28
(2) A housing element ensuring the vitality and character of 29
established residential neighborhoods that: 30
(a) Includes an inventory and analysis of existing and projected 31
housing needs that identifies the number of housing units necessary 32
to manage projected growth, as provided by the department of 33
commerce, including: 34
(i) Units for moderate, low, very low, and extremely low-income 35
households; and 36
(ii) Emergency housing, emergency shelters, and permanent 37
supportive housing; 38
(b) Includes a statement of goals, policies, objectives, and 39
mandatory provisions for the preservation, improvement, and 40
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development of housing, including single-family residences, and 1
within an urban growth area boundary, moderate density housing 2
options including, but not limited to, duplexes, triplexes, and 3
townhomes; 4
(c) Identifies sufficient capacity of land for housing including, 5
but not limited to, government-assisted housing, housing for 6
moderate, low, very low, and extremely low-income households, 7
manufactured housing, multifamily housing, group homes, foster care 8
facilities, emergency housing, emergency shelters, permanent 9
supportive housing, and within an urban growth area boundary, 10
consideration of duplexes, triplexes, and townhomes;11
(d) Makes adequate provisions for existing and projected needs of 12
all economic segments of the community, including:13
(i) Incorporating consideration for low, very low, extremely low, 14
and moderate-income households; 15
(ii) Documenting programs and actions needed to achieve housing 16
availability including gaps in local funding, barriers such as 17
development regulations, and other limitations; 18
(iii) Consideration of housing locations in relation to 19
employment location; and 20
(iv) Consideration of the role of accessory dwelling units in 21
meeting housing needs; 22
(e) Identifies local policies and regulations that result in 23
racially disparate impacts, displacement, and exclusion in housing, 24
including: 25
(i) Zoning that may have a discriminatory effect;26
(ii) Disinvestment; and 27
(iii) Infrastructure availability; 28
(f) Identifies and implements policies and regulations to address 29
and begin to undo racially disparate impacts, displacement, and 30
exclusion in housing caused by local policies, plans, and actions;31
(g) Identifies areas that may be at higher risk of displacement 32
from market forces that occur with changes to zoning development 33
regulations and capital investments; and 34
(h) Establishes antidisplacement policies, with consideration 35
given to the preservation of historical and cultural communities as 36
well as investments in low, very low, extremely low, and moderate-37
income housing; equitable development initiatives; inclusionary 38
zoning; community planning requirements; tenant protections; land 39
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disposition policies; and consideration of land that may be used for 1
affordable housing. 2
In counties and cities subject to the review and evaluation 3
requirements of RCW 36.70A.215, any revision to the housing element 4
shall include consideration of prior review and evaluation reports 5
and any reasonable measures identified. The housing element should 6
link jurisdictional goals with overall county goals to ensure that 7
the housing element goals are met. 8
The adoption of ordinances, development regulations and 9
amendments to such regulations, and other nonproject actions taken by 10
a city that is required or chooses to plan under RCW 36.70A.040 that 11
increase housing capacity, increase housing affordability, and 12
mitigate displacement as required under this subsection (2) and that 13
apply outside of critical areas are not subject to administrative or 14
judicial appeal under chapter 43.21C RCW unless the adoption of such 15
ordinances, development regulations and amendments to such 16
regulations, or other nonproject actions has a probable significant 17
adverse impact on fish habitat. 18
(3) A capital facilities plan element consisting of: (a) An 19
inventory of existing capital facilities owned by public entities, 20
including green infrastructure, showing the locations and capacities 21
of the capital facilities; (b) a forecast of the future needs for 22
such capital facilities; (c) the proposed locations and capacities of 23
expanded or new capital facilities; (d) at least a six-year plan that 24
will finance such capital facilities within projected funding 25
capacities and clearly identifies sources of public money for such 26
purposes; and (e) a requirement to reassess the land use element if 27
probable funding falls short of meeting existing needs and to ensure 28
that the land use element, capital facilities plan element, and 29
financing plan within the capital facilities plan element are 30
coordinated and consistent. Park and recreation facilities shall be 31
included in the capital facilities plan element. 32
The county or city shall identify all public entities that own 33
capital facilities and endeavor in good faith to work with other 34
public entities, such as special purpose districts, to gather and 35
include within its capital facilities element the information 36
required by this subsection. If, after a good faith effort, the 37
county or city is unable to gather the information required by this 38
subsection from the other public entities, the failure to include 39
such information in its capital facilities element cannot be grounds 40
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for a finding of noncompliance or invalidity under chapter 228, Laws 1
of 2023. A good faith effort must, at a minimum, include consulting 2
the public entity's capital facility or system plans and emailing and 3
calling the staff of the public entity. 4
(4)(a) A utilities element consisting of the general location, 5
proposed location, and capacity of all existing and proposed 6
utilities including, but not limited to, electrical, 7
telecommunications, and natural gas systems. 8
(b) The county or city shall identify all public entities that 9
own utility systems and endeavor in good faith to work with other 10
public entities, such as special purpose districts, to gather and 11
include within its utilities element the information required in (a) 12
of this subsection. However, if, after a good faith effort, the 13
county or city is unable to gather the information required in (a) of 14
this subsection from the other public entities, the failure to 15
include such information in the utilities element shall not be 16
grounds for a finding of noncompliance or invalidity under chapter 17
228, Laws of 2023. A good faith effort must, at a minimum, include 18
consulting the public entity's capital facility or system plans, and 19
emailing and calling the staff of the public entity.20
(5) Rural element. Counties shall include a rural element 21
including lands that are not designated for urban growth, 22
agriculture, forest, or mineral resources. The following provisions 23
shall apply to the rural element: 24
(a) Growth management act goals and local circumstances. Because 25
circumstances vary from county to county, in establishing patterns of 26
rural densities and uses, a county may consider local circumstances, 27
but shall develop a written record explaining how the rural element 28
harmonizes the planning goals in RCW 36.70A.020 and meets the 29
requirements of this chapter. 30
(b) Rural development. The rural element shall permit rural 31
development, forestry, and agriculture in rural areas. The rural 32
element shall provide for a variety of rural densities, uses, 33
essential public facilities, and rural governmental services needed 34
to serve the permitted densities and uses. To achieve a variety of 35
rural densities and uses, counties may provide for clustering, 36
density transfer, design guidelines, conservation easements, and 37
other innovative techniques that will accommodate appropriate rural 38
economic advancement, densities, and uses that are not characterized 39
by urban growth and that are consistent with rural character.40
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(c) Measures governing rural development. The rural element shall 1
include measures that apply to rural development and protect the 2
rural character of the area, as established by the county, by:3
(i) Containing or otherwise controlling rural development;4
(ii) Assuring visual compatibility of rural development with the 5
surrounding rural area; 6
(iii) Reducing the inappropriate conversion of undeveloped land 7
into sprawling, low-density development in the rural area;8
(iv) Protecting critical areas, as provided in RCW 36.70A.060, 9
and surface water and groundwater resources; and 10
(v) Protecting against conflicts with the use of agricultural, 11
forest, and mineral resource lands designated under RCW 36.70A.170.12
(d) Limited areas of more intensive rural development. Subject to 13
the requirements of this subsection and except as otherwise 14
specifically provided in this subsection (5)(d), the rural element 15
may allow for limited areas of more intensive rural development, 16
including necessary public facilities and public services to serve 17
the limited area as follows: 18
(i) Rural development consisting of the infill, development, or 19
redevelopment of existing commercial, industrial, residential, or 20
mixed-use areas, whether characterized as shoreline development, 21
villages, hamlets, rural activity centers, or crossroads 22
developments. 23
(A) A commercial, industrial, residential, shoreline, or mixed-24
use area are subject to the requirements of (d)(iv) of this 25
subsection, but are not subject to the requirements of (c)(ii) and 26
(iii) of this subsection. 27
(B) Any development or redevelopment other than an industrial 28
area or an industrial use within a mixed-use area or an industrial 29
area under this subsection (5)(d)(i) must be principally designed to 30
serve the existing and projected rural population.31
(C) Any development or redevelopment in terms of building size, 32
scale, use, or intensity may be permitted subject to confirmation 33
from all existing providers of public facilities and public services 34
of sufficient capacity of existing public facilities and public 35
services to serve any new or additional demand from the new 36
development or redevelopment. Development and redevelopment may 37
include changes in use from vacant land or a previously existing use 38
so long as the new use conforms to the requirements of this 39
subsection (5) and is consistent with the local character. Any 40
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commercial development or redevelopment within a mixed-use area must 1
be principally designed to serve the existing and projected rural 2
population and must meet the following requirements:3
(I) Any included retail or food service space must not exceed the 4
footprint of previously occupied space or 5,000 square feet, 5
whichever is greater, for the same or similar use, unless the retail 6
space is for an essential rural retail service and the designated 7
limited area is located at least 10 miles from an existing urban 8
growth area, then the retail space must not exceed the footprint of 9
the previously occupied space or 10,000 square feet, whichever is 10
greater; and 11
(II) Any included retail or food service space must not exceed 12
2,500 square feet for a new use, unless the new retail space is for 13
an essential rural retail service and the designated limited area is 14
located at least 10 miles from an existing urban growth area, then 15
the new retail space must not exceed 10,000 square feet;16
For the purposes of this subsection (5)(d), "essential rural 17
retail services" means services including grocery, pharmacy, 18
hardware, automotive parts, and similar uses that sell or provide 19
products necessary for health and safety, such as food, medication, 20
sanitation supplies, and products to maintain habitability and 21
mobility; 22
(ii) The intensification of development on lots containing, or 23
new development of, small-scale recreational or tourist uses, 24
including commercial facilities to serve those recreational or 25
tourist uses, that rely on a rural location and setting, but that do 26
not include new residential development. A small-scale recreation or 27
tourist use is not required to be principally designed to serve the 28
existing and projected rural population. Public services and public 29
facilities shall be limited to those necessary to serve the 30
recreation or tourist use and shall be provided in a manner that does 31
not permit low-density sprawl; 32
(iii) The intensification of development on lots containing 33
isolated nonresidential uses or new development of isolated cottage 34
industries and isolated small-scale businesses that are not 35
principally designed to serve the existing and projected rural 36
population and nonresidential uses, but do provide job opportunities 37
for rural residents. Rural counties may allow the expansion of small-38
scale businesses as long as those small-scale businesses conform with 39
the rural character of the area as defined by the local government 40
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according to RCW 36.70A.030(((35))) (38). Rural counties may also 1
allow new small-scale businesses to utilize a site previously 2
occupied by an existing business as long as the new small-scale 3
business conforms to the rural character of the area as defined by 4
the local government according to RCW 36.70A.030(((35))) (38). Public 5
services and public facilities shall be limited to those necessary to 6
serve the isolated nonresidential use and shall be provided in a 7
manner that does not permit low-density sprawl; 8
(iv) A county shall adopt measures to minimize and contain the 9
existing areas of more intensive rural development, as appropriate, 10
authorized under this subsection. Lands included in such existing 11
areas shall not extend beyond the logical outer boundary of the 12
existing area, thereby allowing a new pattern of low-density sprawl. 13
Existing areas are those that are clearly identifiable and contained 14
and where there is a logical boundary delineated predominately by the 15
built environment, but that may also include undeveloped lands if 16
limited as provided in this subsection. The county shall establish 17
the logical outer boundary of an area of more intensive rural 18
development. In establishing the logical outer boundary, the county 19
shall address (A) the need to preserve the character of existing 20
natural neighborhoods and communities, (B) physical boundaries, such 21
as bodies of water, streets and highways, and land forms and 22
contours, (C) the prevention of abnormally irregular boundaries, and 23
(D) the ability to provide public facilities and public services in a 24
manner that does not permit low-density sprawl; 25
(v) For purposes of this subsection (5)(d), an existing area or 26
existing use is one that was in existence: 27
(A) On July 1, 1990, in a county that was initially required to 28
plan under all of the provisions of this chapter; 29
(B) On the date the county adopted a resolution under RCW 30
36.70A.040(2), in a county that is planning under all of the 31
provisions of this chapter under RCW 36.70A.040(2); or32
(C) On the date the office of financial management certifies the 33
county's population as provided in RCW 36.70A.040(5), in a county 34
that is planning under all of the provisions of this chapter pursuant 35
to RCW 36.70A.040(5). 36
(e) Exception. This subsection shall not be interpreted to permit 37
in the rural area a major industrial development or a master planned 38
resort unless otherwise specifically permitted under RCW 36.70A.360 39
and 36.70A.365. 40
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(6) A transportation element that implements, and is consistent 1
with, the land use element. 2
(a) The transportation element shall include the following 3
subelements: 4
(i) Land use assumptions used in estimating travel;5
(ii) Estimated multimodal level of service impacts to state-owned 6
transportation facilities resulting from land use assumptions to 7
assist in monitoring the performance of state facilities, to plan 8
improvements for the facilities, and to assess the impact of land-use 9
decisions on state-owned transportation facilities;10
(iii) Facilities and services needs, including:11
(A) An inventory of air, water, and ground transportation 12
facilities and services, including transit alignments, active 13
transportation facilities, and general aviation airport facilities, 14
to define existing capital facilities and travel levels to inform 15
future planning. This inventory must include state-owned 16
transportation facilities within the city or county's jurisdictional 17
boundaries; 18
(B) Multimodal level of service standards for all locally owned 19
arterials, locally and regionally operated transit routes that serve 20
urban growth areas, state-owned or operated transit routes that serve 21
urban areas if the department of transportation has prepared such 22
standards, and active transportation facilities to serve as a gauge 23
to judge performance of the system and success in helping to achieve 24
the goals of this chapter consistent with environmental justice. 25
These standards should be regionally coordinated; 26
(C) For state-owned transportation facilities, multimodal level 27
of service standards for highways, as prescribed in chapters 47.06 28
and 47.80 RCW, to gauge the performance of the system. The purposes 29
of reflecting multimodal level of service standards for state 30
highways in the local comprehensive plan are to monitor the 31
performance of the system, to evaluate improvement strategies, and to 32
facilitate coordination between the county's or city's six-year 33
street, road, active transportation, or transit program and the 34
office of financial management's ten-year investment program. The 35
concurrency requirements of (b) of this subsection do not apply to 36
transportation facilities and services of statewide significance 37
except for counties consisting of islands whose only connection to 38
the mainland are state highways or ferry routes. In these island 39
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counties, state highways and ferry route capacity must be a factor in 1
meeting the concurrency requirements in (b) of this subsection;2
(D) Specific actions and requirements for bringing into 3
compliance transportation facilities or services that are below an 4
established multimodal level of service standard; 5
(E) Forecasts of multimodal transportation demand and needs 6
within cities and urban growth areas, and forecasts of multimodal 7
transportation demand and needs outside of cities and urban growth 8
areas, for at least ten years based on the adopted land use plan to 9
inform the development of a transportation element that balances 10
transportation system safety and convenience to accommodate all users 11
of the transportation system to safely, reliably, and efficiently 12
provide access and mobility to people and goods. Priority must be 13
given to inclusion of transportation facilities and services 14
providing the greatest multimodal safety benefit to each category of 15
roadway users for the context and speed of the facility;16
(F) Identification of state and local system needs to equitably 17
meet current and future demands. Identified needs on state-owned 18
transportation facilities must be consistent with the statewide 19
multimodal transportation plan required under chapter 47.06 RCW. 20
Local system needs should reflect the regional transportation system 21
and local goals, and strive to equitably implement the multimodal 22
network; 23
(G) A transition plan for transportation as required in Title II 24
of the Americans with disabilities act of 1990 (ADA). As a necessary 25
step to a program access plan to provide accessibility under the ADA, 26
state and local government, public entities, and public agencies are 27
required to perform self-evaluations of their current facilities, 28
relative to accessibility requirements of the ADA. The agencies are 29
then required to develop a program access plan, which can be called a 30
transition plan, to address any deficiencies. The plan is intended to 31
achieve the following: 32
(I) Identify physical obstacles that limit the accessibility of 33
facilities to individuals with disabilities; 34
(II) Describe the methods to be used to make the facilities 35
accessible; 36
(III) Provide a schedule for making the access modifications; and37
(IV) Identify the public officials responsible for implementation 38
of the transition plan; 39
(iv) Finance, including: 40
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(A) An analysis of funding capability to judge needs against 1
probable funding resources; 2
(B) A multiyear financing plan based on the needs identified in 3
the comprehensive plan, the appropriate parts of which shall serve as 4
the basis for the six-year street, road, or transit program required 5
by RCW 35.77.010 for cities, RCW 36.81.121 for counties, and RCW 6
35.58.2795 for public transportation systems. The multiyear financing 7
plan should be coordinated with the ten-year investment program 8
developed by the office of financial management as required by RCW 9
47.05.030; 10
(C) If probable funding falls short of meeting the identified 11
needs of the transportation system, including state transportation 12
facilities, a discussion of how additional funding will be raised, or 13
how land use assumptions will be reassessed to ensure that level of 14
service standards will be met; 15
(v) Intergovernmental coordination efforts, including an 16
assessment of the impacts of the transportation plan and land use 17
assumptions on the transportation systems of adjacent jurisdictions;18
(vi) Demand-management strategies; 19
(vii) Active transportation component to include collaborative 20
efforts to identify and designate planned improvements for active 21
transportation facilities and corridors that address and encourage 22
enhanced community access and promote healthy lifestyles.23
(b) After adoption of the comprehensive plan by jurisdictions 24
required to plan or who choose to plan under RCW 36.70A.040, local 25
jurisdictions must adopt and enforce ordinances which prohibit 26
development approval if the development causes the level of service 27
on a locally owned or locally or regionally operated transportation 28
facility to decline below the standards adopted in the transportation 29
element of the comprehensive plan, unless transportation improvements 30
or strategies to accommodate the impacts of development are made 31
concurrent with the development. These strategies may include active 32
transportation facility improvements, increased or enhanced public 33
transportation service, ride-sharing programs, demand management, and 34
other transportation systems management strategies. For the purposes 35
of this subsection (6), "concurrent with the development" means that 36
improvements or strategies are in place at the time of development, 37
or that a financial commitment is in place to complete the 38
improvements or strategies within six years. If the collection of 39
impact fees is delayed under RCW 82.02.050(3), the six-year period 40
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required by this subsection (6)(b) must begin after full payment of 1
all impact fees is due to the county or city. A development proposal 2
may not be denied for causing the level of service on a locally owned 3
or locally or regionally operated transportation facility to decline 4
below the standards adopted in the transportation element of the 5
comprehensive plan where such impacts could be adequately mitigated 6
through active transportation facility improvements, increased or 7
enhanced public transportation service, ride-sharing programs, demand 8
management, or other transportation systems management strategies 9
funded by the development. 10
(c) The transportation element described in this subsection (6), 11
the six-year plans required by RCW 35.77.010 for cities, RCW 12
36.81.121 for counties, and RCW 35.58.2795 for public transportation 13
systems, and the ten-year investment program required by RCW 14
47.05.030 for the state, must be consistent. 15
(7) An economic development element establishing local goals, 16
policies, objectives, and provisions for economic growth and vitality 17
and a high quality of life. A city that has chosen to be a 18
residential community is exempt from the economic development element 19
requirement of this subsection. 20
(8) A park and recreation element that implements, and is 21
consistent with, the capital facilities plan element as it relates to 22
park and recreation facilities. The element shall include: (a) 23
Estimates of park and recreation demand for at least a ten-year 24
period; (b) an evaluation of facilities and service needs; (c) an 25
evaluation of tree canopy coverage within the urban growth area; and 26
(d) an evaluation of intergovernmental coordination opportunities to 27
provide regional approaches for meeting park and recreational demand.28
(9)(a) A climate change and resiliency element that is designed 29
to result in reductions in overall greenhouse gas emissions and that 30
must enhance resiliency to and avoid the adverse impacts of climate 31
change, which must include efforts to reduce localized greenhouse gas 32
emissions and avoid creating or worsening localized climate impacts 33
to vulnerable populations and overburdened communities.34
(b) The climate change and resiliency element shall include the 35
following subelements: 36
(i) A greenhouse gas emissions reduction subelement;37
(ii) A resiliency subelement. 38
(c) The greenhouse gas emissions reduction subelement of the 39
climate change and resiliency element is mandatory for the 40
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jurisdictions specified in RCW 36.70A.095 and is encouraged for all 1
other jurisdictions, including those planning under RCW 36.70A.040 2
and those planning under chapter 36.70 RCW. The resiliency subelement 3
of the climate change and resiliency element is mandatory for all 4
jurisdictions planning under RCW 36.70A.040 and is encouraged for 5
those jurisdictions planning under chapter 36.70 RCW.6
(d)(i) The greenhouse gas emissions reduction subelement of the 7
comprehensive plan, and its related development regulations, must 8
identify the actions the jurisdiction will take during the planning 9
cycle consistent with the guidelines published by the department 10
pursuant to RCW 70A.45.120 that will: 11
(A) Result in reductions in overall greenhouse gas emissions 12
generated by transportation and land use within the jurisdiction but 13
without increasing greenhouse gas emissions elsewhere in the state;14
(B) Result in reductions in per capita vehicle miles traveled 15
within the jurisdiction but without increasing greenhouse gas 16
emissions elsewhere in the state; and 17
(C) Prioritize reductions that benefit overburdened communities 18
in order to maximize the cobenefits of reduced air pollution and 19
environmental justice. 20
(ii) Actions not specifically identified in the guidelines 21
developed by the department pursuant to RCW 70A.45.120 may be 22
considered consistent with these guidelines only if:23
(A) They are projected to achieve greenhouse gas emissions 24
reductions or per capita vehicle miles traveled reductions equivalent 25
to what would be required of the jurisdiction under the guidelines 26
adopted by the department; and 27
(B) They are supported by scientifically credible projections and 28
scenarios that indicate their adoption is likely to result in 29
reductions of greenhouse gas emissions or per capita vehicle miles 30
traveled. 31
(iii) A jurisdiction may not restrict population growth or limit 32
population allocation in order to achieve the requirements set forth 33
in this subsection (9)(d). 34
(e)(i) The resiliency subelement must equitably enhance 35
resiliency to, and avoid or substantially reduce the adverse impacts 36
of, climate change in human communities and ecological systems 37
through goals, policies, and programs consistent with the best 38
available science and scientifically credible climate projections and 39
impact scenarios that moderate or avoid harm, enhance the resiliency 40
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of natural and human systems, and enhance beneficial opportunities. 1
The resiliency subelement must prioritize actions that benefit 2
overburdened communities that will disproportionately suffer from 3
compounding environmental impacts and will be most impacted by 4
natural hazards due to climate change. Specific goals, policies, and 5
programs of the resiliency subelement must include, but are not 6
limited to, those designed to: 7
(A) Identify, protect, and enhance natural areas to foster 8
resiliency to climate impacts, as well as areas of vital habitat for 9
safe passage and species migration; 10
(B) Identify, protect, and enhance community resiliency to 11
climate change impacts, including social, economic, and built 12
environment factors, that support adaptation to climate impacts 13
consistent with environmental justice; and 14
(C) Address natural hazards created or aggravated by climate 15
change, including sea level rise, landslides, flooding, drought, 16
heat, smoke, wildfire, and other effects of changes to temperature 17
and precipitation patterns. 18
(ii) A natural hazard mitigation plan or similar plan that is 19
guided by RCW 36.70A.020(14), that prioritizes actions that benefit 20
overburdened communities, and that complies with the applicable 21
requirements of this chapter, including the requirements set forth in 22
this subsection (9)(e), may be adopted by reference to satisfy these 23
requirements, except that to the extent any of the substantive 24
requirements of this subsection (9)(e) are not addressed, or are 25
inadequately addressed, in the referenced natural hazard mitigation 26
plan, a county or city must supplement the natural hazard mitigation 27
plan accordingly so that the adopted resiliency subelement complies 28
fully with the substantive requirements of this subsection (9)(e).29
(A) If a county or city intends to adopt by reference a federal 30
emergency management agency natural hazard mitigation plan in order 31
to meet all or part of the substantive requirements set forth in this 32
subsection (9)(e), and the most recently adopted federal emergency 33
management agency natural hazard mitigation plan does not comply with 34
the requirements of this subsection (9)(e), the department may grant 35
the county or city an extension of time in which to submit a natural 36
hazard mitigation plan. 37
(B) Eligibility for an extension under this subsection prior to 38
July 1, 2027, is limited to a city or county required to review and, 39
if needed, revise its comprehensive plan on or before June 30, 2025, 40
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as provided in RCW 36.70A.130, or for a city or county with an 1
existing, unexpired federal emergency management agency natural 2
hazard mitigation plan scheduled to expire before December 31, 2024.3
(C) Extension requests after July 1, 2027, may be granted if 4
requirements for the resiliency subelement are amended or added by 5
the legislature or if the department finds other circumstances that 6
may result in a potential finding of noncompliance with a 7
jurisdiction's existing and approved federal emergency management 8
agency natural hazard mitigation plan. 9
(D) A city or county that wishes to request an extension of time 10
must submit a request in writing to the department no later than the 11
date on which the city or county is required to review and, if 12
needed, revise its comprehensive plan as provided in RCW 36.70A.130.13
(E) Upon the submission of such a request to the department, the 14
city or county may have an additional 48 months from the date 15
provided in RCW 36.70A.130 in which to either adopt by reference an 16
updated federal emergency management agency natural hazard mitigation 17
plan or adopt its own natural hazard mitigation plan, and to then 18
submit that plan to the department. 19
(F) The adoption of ordinances, amendments to comprehensive 20
plans, amendments to development regulations, and other nonproject 21
actions taken by a county or city pursuant to (d) of this subsection 22
in order to implement measures specified by the department pursuant 23
to RCW 70A.45.120 are not subject to administrative or judicial 24
appeal under chapter 43.21C RCW. 25
(10) A healthy communities element that includes policies to 26
improve health outcomes for residents of overburdened communities 27
pursuant to chapter 70A.02 RCW and members of federally recognized 28
Indian tribes living or residing temporarily within designated 29
reservations or Indian country. The healthy communities element must 30
designate communities that are determined to be overburdened 31
communities pursuant to chapter 70A.02 RCW as such in the 32
comprehensive plan. Policies must also include:33
(a) Policies to provide health products and services;34
(b) Plans to reduce environmental exposures;35
(c) Ways to improve social determinants of health that contribute 36
to disparately greater adverse health outcomes for residents in 37
overburdened communities and designated reservations and Indian 38
country in comparison to other residents of the jurisdiction and 39
region; and40
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(d) Policies which respond to health-related effects from climate 1
change, which may incorporate goals from RCW 36.70A.020(14).2
(11) It is the intent that new or amended elements required after 3
January 1, 2002, be adopted concurrent with the scheduled update 4
provided in RCW 36.70A.130. Requirements to incorporate any such new 5
or amended elements shall be null and void until funds sufficient to 6
cover applicable local government costs are appropriated and 7
distributed by the state at least two years before local government 8
must update comprehensive plans as required in RCW 36.70A.130.9
NEW SECTION. Sec. 6. A new section is added to chapter 70A.02 10
RCW to read as follows: 11
Each jurisdiction that plans under the growth management act 12
pursuant to RCW 36.70A.040 shall include a healthy communities 13
element in its comprehensive plan. 14
NEW SECTION. Sec. 7. (1) A city or county may impose an excise 15
tax on the owner of a property zoned for, and which previously 16
housed, a supermarket, full service grocery store, or pharmacy whose 17
presence was a significant factor in the city or county authorizing 18
increased housing density, affordable housing, housing for seniors or 19
persons with disabilities, or investment in transit, transportation, 20
or infrastructure plans under the growth management act.21
(2) In adopting an excise tax, a city or county shall include in 22
its ordinance other purposes that a property may serve to reduce or 23
eliminate the excise tax, and the extent and time period for which 24
the city or county will reduce the tax. Such purposes may include the 25
use of the property or buildings, or any portion of the property or 26
buildings, for temporary housing or shelter, low-barrier small 27
business development, community and nonprofit organizational uses, 28
local government services, and supervised recreational programs.29
(3) The excise tax imposed pursuant to subsection (1) of this 30
section may be an amount up to $500,000 per acre, or portion of an 31
acre, for each year in which the property does not house a 32
supermarket, full service grocery store, or pharmacy and must be 33
collected quarterly. 34
(4) An excise tax pursuant to subsection (1) of this section may 35
not be imposed on a property owner if the owner has applied for a 36
permit to redevelop the property to include a supermarket, full-37
service grocery store, pharmacy, or other alternative use approved by 38
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the city pursuant to subsection (2) of this section that serves the 1
goals of the comprehensive plan, including health care access, child 2
care, or public school uses. 3
(5) Revenue from the excise tax authorized by this section may be 4
used for the following purposes: 5
(a) Funding public safety-related programs; 6
(b) Increasing access to healthy foods, medicine and health 7
products, or open space and recreation; 8
(c) Supporting community planning and engagement in the community 9
where the property is located; 10
(d) Meeting community needs for community centers, resource 11
centers, food banks, and other services in the community in which the 12
property is located; and 13
(e) Establishing and supporting employee or local government-14
operated stores providing access to healthy foods, pharmaceutical, 15
health, or household products in an underserved or overburdened 16
community. 17
NEW SECTION. Sec. 8. A new section is added to chapter 35.21 18
RCW to read as follows: 19
(1) A city may require a plan to prevent vacant property zoned 20
for and that previously housed a supermarket, full service grocery 21
store, or pharmacy from becoming a public nuisance and may also 22
impose a nuisance fee in an amount up to $250,000 per acre, or 23
portion of an acre, for: 24
(a) Increased policing and fire protection; 25
(b) Preventing unauthorized access to the property without 26
adversely affecting nearby businesses and residents through fencing 27
and boarding up buildings; 28
(c) Prevention and removal of graffiti; 29
(d) Preventing the appearance of blight; 30
(e) Mitigating the reduction of customer practices; and31
(f) Other related purposes. 32
(2) A city may waive or proportionately reduce the nuisance fee 33
if the property owner allows the property to be utilized for 34
temporary business, local government, transitional housing for 35
persons exiting homelessness, temporary residences with basic 36
sanitation and health services, community gardens, educational 37
activities, or community celebration purposes. 38
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(3) A city imposing a vacancy-related nuisance fee shall notify 1
the property owner of the intent to impose such a fee and take public 2
comment on the fee at least 90 days prior to the date of closure or 3
service interruption provided to the city or county pursuant to 4
section 1 of this act. If a property owner fails to provide the 5
required notice of closure or service interruption, the city may 6
impose the fee without prior notice to the owner. 7
NEW SECTION. Sec. 9. A new section is added to chapter 35A.21 8
RCW to read as follows: 9
(1) A code city may require a plan to prevent vacant property 10
zoned for and that previously housed a supermarket, full service 11
grocery store, or pharmacy from becoming a public nuisance and may 12
also impose a nuisance fee in an amount up to $250,000 per acre, or 13
portion of an acre, for: 14
(a) Increased policing and fire protection; 15
(b) Preventing unauthorized access to the property without 16
adversely affecting nearby businesses and residents through fencing 17
and boarding up buildings; 18
(c) Prevention and removal of graffiti; 19
(d) Preventing the appearance of blight; 20
(e) Mitigating the reduction of customer practices; and21
(f) Other related purposes. 22
(2) A code city may waive or proportionately reduce the nuisance 23
fee if the property owner allows the property to be utilized for 24
temporary business, local government, transitional housing for 25
persons exiting homelessness, temporary residences with basic 26
sanitation and health services, community gardens, educational 27
activities, or community celebration purposes. 28
(3) A code city imposing a vacancy-related nuisance fee shall 29
notify the property owner of the intent to impose such a fee and take 30
public comment on the fee at least 90 days prior to the date of 31
closure or service interruption provided to the city or county 32
pursuant to section 1 of this act. If a property owner fails to 33
provide the required notice of closure or service interruption, the 34
code city may impose the fee without prior notice to the owner.35
NEW SECTION. Sec. 10. A new section is added to chapter 36.01 36
RCW to read as follows: 37
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(1) A county may require a plan to prevent vacant property zoned 1
for and that previously housed a supermarket, full service grocery 2
store, or pharmacy from becoming a public nuisance and may also 3
impose a nuisance fee in an amount up to $250,000 per acre, or 4
portion of an acre, for: 5
(a) Increased policing and fire protection; 6
(b) Preventing unauthorized access to the property without 7
adversely affecting nearby businesses and residents through fencing 8
and boarding up buildings; 9
(c) Prevention and removal of graffiti; 10
(d) Preventing the appearance of blight; 11
(e) Mitigating the reduction of customer practices; and12
(f) Other related purposes. 13
(2) A county may waive or proportionately reduce the nuisance fee 14
if the property owner allows the property to be utilized for 15
temporary business, local government, transitional housing for 16
persons exiting homelessness, temporary residences with basic 17
sanitation and health services, community gardens, educational 18
activities, or community celebration purposes. 19
(3) A county imposing a vacancy-related nuisance fee shall notify 20
the property owner of the intent to impose such a fee and take public 21
comment on the fee at least 90 days prior to the date of closure or 22
service interruption provided to the city or county pursuant to 23
section 1 of this act. If a property owner fails to provide the 24
required notice of closure or service interruption, the county may 25
impose the fee without prior notice to the owner. 26
NEW SECTION. Sec. 11. Section 7 of this act constitutes a new 27
chapter in Title 82 RCW.28
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