Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Environment Committee

HB 2518

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Siting tenant-owned mobile home parks for senior citizens.

Sponsors: Representatives Schmick, Barkis, Dye, Muri and Tharinger.

Brief Summary of Bill

  • Modifies the Planning Enabling Act to authorize counties to allow for the development of mobile home park subdivisions or manufactured housing subdivisions for persons age 55 or older that are located outside of urban areas.

  • Modifies the Growth Management Act to authorize mobile home park subdivisions or manufactured housing subdivisions for persons age 55 or older to be located outside of urban growth areas.

Hearing Date: 1/25/18

Staff: Nate Hickner (786-7290) and Robert Hatfield (786-7117).

Background:

Mobile Homes and Mobile Home Park Subdivisions.

Under Washington's Manufactured/Mobile Home Landlord-Tenant Act, the terms "mobile home park subdivision" and "manufactured housing subdivision" mean real property, whether it is called a subdivision, condominium, or planned unit development, consisting of common areas and two or more lots held for placement of mobile homes, manufactured homes, or park models in which there is private ownership of the individual lots and common, undivided ownership of the common areas by owners of the individual lots.

Planning Enabling Act.

The Planning Enabling Act (PEA), originally adopted in 1959, provides the authority for, and the procedures to be followed in, guiding and regulating the physical development of a county. The PEA provides for the creation of departments, commissions, and planning agencies, and further describes the procedural functions of each. Under the PEA, counties may adopt comprehensive land use plans.

Growth Management Act.

The Growth Management Act (GMA) is the comprehensive land use planning framework for counties and cities in Washington. Originally enacted in 1990 and 1991, the GMA establishes land use designation and environmental protection requirements for all Washington counties and cities. The GMA also establishes a significantly wider array of planning duties for 29 counties, and the cities within those counties, that are obligated to satisfy all planning requirements of the GMA. These jurisdictions are sometimes said to be "fully planning" under the GMA.

The GMA directs fully planning jurisdictions to adopt internally consistent comprehensive land use plans. Comprehensive plans are implemented through locally adopted development regulations, and both the plans and the local regulations are subject to review and revision requirements prescribed in the GMA. In developing their comprehensive plans, counties and cities must consider various goals set forth in statute. These goals include:

Counties that fully plan under the GMA must include a plan, scheme, or design for different types of land use areas, including Urban Growth Areas (UGAs)—areas within which urban growth must be encouraged and outside of which growth can occur only if it is not urban in nature. Planning jurisdictions must include within their UGAs sufficient areas and densities to accommodate projected urban growth for the succeeding 20-year period. In addition, cities must include sufficient areas to accommodate the broad range of needs and uses that will accompany the projected urban growth, including, as appropriate, medical, governmental, institutional, commercial, service, retail, and other nonresidential uses.

Summary of Bill:

The PEA provisions are modified to authorize a county to allow for the development of mobile home park subdivisions or manufactured housing subdivisions for senior citizens that are located outside of urban areas. "Senior citizen" means a person age fifty-five or older.

The GMA provisions are modified to authorize mobile home park subdivisions or manufactured housing subdivisions for senior citizens to be located outside of urban growth areas. "Senior citizen" means a person age fifty-five or older. These subdivisions are declared necessary to provide affordable housing in rural areas.

Appropriation: None.

Fiscal Note: Available.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.