Housing & shelters

AN ACT Relating to compliance with siting, development permit 1
processes and standards, and requirements for permanent supportive 2
housing, transitional housing, indoor emergency housing, or indoor 3
emergency shelters; amending RCW 35.21.683 and 35A.21.430; adding a 4
new section to chapter 36.70A RCW; and adding a new section to 5
chapter 43.330 RCW. 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:7
NEW SECTION. Sec. 1. A new section is added to chapter 36.70A 8
RCW to read as follows: 9
(1) A local comprehensive plan or development regulations, 10
including permit processes, development standards, or permit 11
conditions imposed under this chapter, chapter 43.21C RCW, or Title 12
35 or 35A RCW, may not deny or preclude a permit application for 13
permanent supportive housing, transitional housing, indoor emergency 14
housing, or indoor emergency shelter. 15
(2) A county or city must approve any permit application for 16
permanent supportive housing, transitional housing, indoor emergency 17
housing, or indoor emergency shelters using an administrative process 18
only. 19
(3)(a) If a permit applicant is unable to site permanent 20
supportive housing, transitional housing, indoor emergency housing, 21
S-0505.1
SENATE BILL 5497
State of Washington 69th Legislature 2025 Regular Session
By Senators Alvarado, Bateman, Nobles, Saldaña, Trudeau, Wellman, and
C. Wilson
Read first time 01/27/25. Referred to Committee on Housing.
p. 1 SB 5497
or indoor emergency shelters due to a county or city comprehensive 1
plan or development regulations, the applicant may seek a waiver of 2
certain requirements from the local government to allow the siting of 3
the facility. The permit application must describe any local permit 4
processes, development standards, or permit conditions that the 5
permit applicant asserts would deny, preclude, or otherwise have a 6
preclusive effect on the siting, construction, or operation of the 7
proposed facility, including: 8
(i) The specific local permit processes, development standards, 9
or permit conditions that have a preclusive effect on the siting, 10
construction, or operation of the proposed facility;11
(ii) How the identified processes, standards, or conditions 12
preclude the siting, construction, or operation of the proposed 13
facility; and 14
(iii) The minimum waiver or relief necessary to prevent 15
preclusion of the siting, construction, or operation of the proposed 16
facility. 17
(b) If a county or city and a permit applicant disagree about the 18
preclusive effect of processes, standards, or conditions, either 19
party may request that the department provide dispute resolution 20
services under section 2 of this act. 21
(4) Nothing in this section requires a city or county to approve 22
a permit application for permanent supportive housing, transitional 23
housing, indoor emergency housing, or indoor emergency shelters that 24
are located in a critical area, an area of natural hazards that 25
generally prohibit residential development, or on agricultural, 26
forest, or mineral lands of long-term commercial significance.27
(5) For the purposes of this section, "preclusive effect" means 28
an action or condition that is incapable of being accomplished by 29
means available to a permit applicant or developer.30
NEW SECTION. Sec. 2. A new section is added to chapter 43.330 31
RCW to read as follows: 32
(1) The department shall provide services to facilitate the 33
timely resolution of disputes between a county or a city and:34
(a) An applicant seeking a project permit or development 35
agreement to site or construct permanent supportive housing, 36
transitional housing, indoor emergency housing, or indoor emergency 37
shelters; or 38
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(b) A developer of permanent supportive housing, transitional 1
housing, indoor emergency housing, or indoor emergency shelters that 2
alleges a zoning ordinance or development regulations adopted by the 3
county or city either: 4
(i) Prevents the siting, construction, or operation of housing or 5
shelter in violation of RCW 35.21.683, 35A.21.430, 36.130.020, or 6
36.70A.070(2)(c); or 7
(ii) Precludes the siting, construction, or operation of a 8
facility pursuant to section 1 of this act. 9
(2) A county, city, applicant, or developer as specified in 10
subsection (1) of this section may request that the department 11
provide facilitation services to resolve issues of concern with a 12
proposed development of permanent supportive housing, transitional 13
housing, indoor emergency housing, or indoor emergency shelters.14
(3) If dispute resolution is unsuccessful, the county or city 15
must submit the project permit application, any development 16
agreement, any zoning ordinance and related development regulations, 17
or any other relevant documents, including a statement of the reason 18
for any denial, rescission, or conditions of approval, the 19
requirements necessary to fulfill the development agreement or 20
development regulations, or how the adopted ordinance and development 21
regulations comply with RCW 35.21.683, 35A.21.430, 36.130.020, 22
36.70A.070(2)(c), and section 1 of this act, to the department for 23
review. 24
(4)(a) If the department finds that the final decision on the 25
project permit application, a development agreement, or another 26
permitting process does not comply with RCW 35.21.683, 35A.21.430, 27
36.130.020, or 36.70A.070(2)(c), or precludes the siting, 28
construction, or operation of a facility pursuant to section 1 of 29
this act, the department shall reverse and vacate the noncompliant 30
portion of the final decision and direct the county or city to take 31
corrective administrative action within 60 days. 32
(b) If the department finds that a zoning ordinance or 33
development regulations adopted by the county or city prevents the 34
siting, construction, or operation of housing or shelter in violation 35
of RCW 35.21.683, 35A.21.430, 36.130.020, or 36.70A.070(2)(c), or 36
precludes the siting, construction, or operation of a facility 37
pursuant to section 1 of this act, the department must issue a 38
determination of noncompliance and invalidity and return the zoning 39
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ordinance or development regulation to the county or city for 1
corrective legislative action within 60 days. 2
(5)(a) A final decision of the department under subsection (4) of 3
this section is exempt from appeal under chapter 36.70A or 43.21C 4
RCW. 5
(b) Corrective action required under subsection (4) of this 6
section is exempt from appeal under chapter 36.70A or 43.21C RCW.7
(6)(a) The department shall notify the state treasurer if a 8
county or city fails to: 9
(i) Issue a project permit application, development agreement, or 10
another permit or process decision within 60 days of a determination 11
of noncompliance under subsection (4)(a) of this section; or12
(ii) Amend its zoning ordinance and related development 13
regulations to comply with RCW 35.21.683, 35A.21.430, 36.130.020, 14
36.70A.070(2)(c), and 36.70A.200 within 60 days of a determination of 15
noncompliance under subsection (4)(b) of this section.16
(b) Upon notification, the state treasurer shall withhold the 17
following revenues to which a county or city is entitled: (i) The 18
motor vehicle fuel tax, as provided in chapter 82.38 RCW; (ii) the 19
transportation improvement account, as provided in RCW 47.26.084; 20
(iii) the rural arterial trust account, as provided in RCW 36.79.150; 21
(iv) the sales and use tax, as provided in chapter 82.14 RCW; (v) the 22
liquor profit tax, as provided in RCW 66.08.190; and (vi) the liquor 23
excise tax, as provided in RCW 82.08.170. 24
(c) The state treasurer shall resume distributions of revenues 25
withheld under (b) of this subsection when the county or city issues 26
the project permit application or amends its zoning ordinance and 27
related development regulations. 28
(7) An applicant submitting a project permit application, 29
development agreement, or other documents for permanent supportive 30
housing, transitional housing, indoor emergency housing, or indoor 31
emergency shelters may submit a copy of the project permit 32
application, development agreement, or other documents to the 33
department. An applicant also may request a review of any denial, 34
rescission, or conditions for approval by a county or city.35
(8) The department may adopt any rules necessary to implement 36
this section. 37
Sec. 3. RCW 35.21.683 and 2021 c 254 s 4 are each amended to 38
read as follows: 39
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(1) A city shall not prohibit transitional housing or permanent 1
supportive housing in any zones in which residential dwelling units 2
or hotels are allowed. Effective September 30, 2021, a city shall not 3
prohibit indoor emergency shelters and indoor emergency housing in 4
any zones in which hotels are allowed, except in such cities that 5
have adopted an ordinance authorizing indoor emergency shelters and 6
indoor emergency housing in a majority of zones within a one-mile 7
proximity to transit. Reasonable occupancy, spacing, and intensity of 8
use requirements may be imposed by ordinance on permanent supportive 9
housing, transitional housing, indoor emergency housing, and indoor 10
emergency shelters to protect public health and safety. Any such 11
requirements on occupancy, spacing, and intensity of use may not 12
prevent the siting of a sufficient number of permanent supportive 13
housing, transitional housing, indoor emergency housing, or indoor 14
emergency shelters necessary to accommodate each city's projected 15
need for such housing and shelter under RCW 36.70A.070(2)(a)(ii).16
(2) A city must process a permit application for transitional 17
housing, permanent supportive housing, indoor emergency housing, or 18
indoor emergency shelters pursuant to administrative design review as 19
defined in RCW 36.70A.030.20
Sec. 4. RCW 35A.21.430 and 2021 c 254 s 3 are each amended to 21
read as follows: 22
(1) A code city shall not prohibit transitional housing or 23
permanent supportive housing in any zones in which residential 24
dwelling units or hotels are allowed. Effective September 30, 2021, a 25
code city shall not prohibit indoor emergency shelters and indoor 26
emergency housing in any zones in which hotels are allowed, except in 27
such cities that have adopted an ordinance authorizing indoor 28
emergency shelters and indoor emergency housing in a majority of 29
zones within a one-mile proximity to transit. Reasonable occupancy, 30
spacing, and intensity of use requirements may be imposed by 31
ordinance on permanent supportive housing, transitional housing, 32
indoor emergency housing, and indoor emergency shelters to protect 33
public health and safety. Any such requirements on occupancy, 34
spacing, and intensity of use may not prevent the siting of a 35
sufficient number of permanent supportive housing, transitional 36
housing, indoor emergency housing, or indoor emergency shelters 37
necessary to accommodate each code city's projected need for such 38
housing and shelter under RCW 36.70A.070(2)(a)(ii).39
p. 5 SB 5497
(2) A code city must process a permit application for 1
transitional housing, permanent supportive housing, indoor emergency 2
housing, or indoor emergency shelters pursuant to administrative 3
design review as defined in RCW 36.70A.030.4
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