1519-S

AN ACT Relating to housing affordability and regulatory reform; and adding a new chapter to Title 43 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. (1) The legislature finds that:

(a) The construction of housing is governed by a broad range of federal, state, and local regulations and administrative actions;

(b) There is growing concern over the rising costs of housing;

(d) The issue of housing regulations is technically complicated, and cuts across many disciplines, jurisdictions, constituencies, and values;

(e) Uniform responses to the growing pressures to address regulatory issues of housing may result in the sacrifice of other public goals without necessarily achieving compensating benefits in housing affordability; and

(f) There exists a lack of information on the impact of governmental regulation and administrative actions on the cost of housing.

(2) The legislature declares that the purposes of this chapter are to:

(a) Provide a focus within state government to address the affordability implications of governmental actions;

(b) Encourage all levels of government to identify and remove regulatory barriers that significantly increase housing costs and limit the supply of affordable housing; and

(c) Provide technical assistance to state agencies and local governments in their efforts to reform governmental regulations that impede or add unnecessary costs to the development of housing.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Affordable housing" means residential housing that is either rented or owned by a person who qualifies as a very low-income, low-income, or moderate-income household or special needs population, and whose monthly housing costs do not exceed thirty percent of the household's monthly income.

(2) "Department" means the department of community development.

(3) "Director" means the director of community development.

(4) "Office" means the office of housing affordability and regulatory reform.

(5) "Regulatory barriers to affordable housing" and "regulatory barriers" mean any public policies (including those embodied in statutes, ordinances, regulations, or administrative procedures or processes) required to be identified by the state or local governing body in connection with its strategy under section 105(b)(4) of the Cranston-Gonzalez national affordable housing act (42 U.S.C. 12701 et seq.).

(6) "Very low-income household" means a single person, family, or unrelated persons living together whose income is at or below fifty percent of the median income, as determined by the director adjusted for household size, for the county where the housing is located.

(7) "Low-income household" means a single person, family, or unrelated persons living together whose income is at or below eighty percent of the median income, as determined by the director adjusted for household size, for the county where the housing is located.

(8) "Moderate-income household" means a single person, family, or unrelated persons living together whose income is at or below one hundred fifteen percent of the median income, as determined by the director adjusted for household size, for the county where the housing is located.

NEW SECTION. Sec. 3. There is created the office of housing affordability and regulatory reform in the department which will serve as the coordinating office within state government for matters relating to the need for, development, placement, and preservation of affordable housing.

NEW SECTION. Sec. 4. The duties of the office include:

(1) Analyzing the costs and benefits of state legislation, rules, and administrative actions and their impact on the development and placement of affordable housing;

(2) Analyzing the costs and benefits of local legislation, rules, and administrative actions and their impact on the development and placement of affordable housing;

(3) Assisting state agencies and local governments in determining the impact of existing and anticipated actions, legislation, and rules on the development and placement of affordable housing;

(4) Investigating techniques and opportunities for reducing the life cycle housing costs through regulatory reform;

(5) Developing model standards and ordinances designed to reduce regulatory barriers to affordable housing and assisting in their adoption and use at the state and local government level;

(6) Providing technical assistance and information to state agencies and local governments for implementation of legislative and administrative reform programs to remove barriers to affordable housing;

(7) Preparing state regulatory barrier removal strategies;

(8) Providing staffing to the affordable housing advisory board created in chapter . . . . (House Bill No. 1585), Laws of 1993; and

(9) Other activities as the director deems necessary to aid the state, local governments, and the housing industry in meeting the affordable housing needs of the state.

NEW SECTION. Sec. 5. The affordable housing advisory board created in chapter . . . . (House Bill No. 1585), Laws of 1993, shall serve as the advisory board to the office.

NEW SECTION. Sec. 6. The department may receive gifts, grants, and endowments from public and private sources that may be made from time to time, in trust or otherwise, for the use and benefit of the purposes of this chapter and spend gifts, grants, or endowments or any income from the public or private sources according to their terms.

NEW SECTION. Sec. 7. If any part of this chapter is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this chapter is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this chapter in its application to the agencies concerned. The rules under this chapter shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state.

NEW SECTION. Sec. 8. This chapter may be known and cited as the "Washington removal of regulatory barriers to affordable housing act."

NEW SECTION. Sec. 9. Sections 1 through 8 of this act shall constitute a new chapter in Title 43 RCW.